Service provider for kitchen surplus procurement and delivery in gauteng

Returnable documents required:

• Completed SBD 6.1 Preference Points Claim Form.
• Company/firm name and registration number.
• Type of company/firm (select one: Partnership/Joint Venture/Consortium, One-person business/sole proprietorship, Close corporation, Public Company, Personal Liability Company, (Pty) Limited, Non-Profit Company, State Owned Company).
• Signed declaration by an authorised representative certifying:
• Accuracy of information.
• Compliance with General Conditions for preference points.
• Willingness to provide documentary proof post-award.
• Acceptance of penalties for fraudulent claims or non-compliance (disqualification, cost recovery, contract cancellation, business restrictions, or criminal prosecution).
• Signature, surname, name, date, and address of the tenderer.

Company must be legally registered. Must comply with Preferential Procurement Regulations 2022. Must submit required documentation to claim preference points. Companies with fraudulent claims or non-compliance may be disqualified. Must be authorized signatory completing the declaration. No restrictions from organ of state procurement processes.

Compliance requirements for preference points:

• Submit proof of SMME status to claim 10 points.
• Submit proof of >50% Black female ownership to claim 5 points.
• Submit proof of >50% Black youth ownership to claim 5 points.
• All claims must be supported by valid documentation as per tender conditions.
• Non-compliance or fraudulent claims may lead to disqualification, penalties, or legal action.

B-BBEE and preference points requirements:

• SMME status: 10 points (80/20 system).
• >50% Black female ownership: 5 points (80/20 system).
• >50% Black youth ownership: 5 points (80/20 system).
• Submit valid proof/documentation to claim points for specific goals.
• Failure to submit proof will result in 0 points for those goals.
• The organ of state may request substantiation of claims at any time.

Contractual terms include:

• The tenderer must certify that all information provided is true and correct.
• Preference points claimed must comply with the General Conditions of the tender.
• Post-award, the contractor may be required to furnish documentary proof to validate claims.
• Consequences of fraudulent claims or non-compliance:
• Disqualification from the tendering process.
• Recovery of costs, losses, or damages incurred by the organ of state.
• Contract cancellation and damages claimed for less favourable arrangements.
• Restriction from obtaining business from any organ of state for up to 10 years (after due process).
• Potential criminal prosecution.

Evaluation uses the 80/20 Preference Point System for tenders up to R50,000,000 (inclusive of taxes).

• Price: Maximum 80 points. Calculated using the formula: Ps = 80(1 - (Pt - Pmin)/Pmin), where Ps = points scored, Pt = tender price, Pmin = lowest acceptable tender price.
• Specific Goals: Maximum 20 points, allocated as follows:
• SMME status: 10 points.
• >50% Black female ownership: 5 points.
• >50% Black youth ownership: 5 points.
• Total points: 100 (80 for price + 20 for specific goals).
• For income-generating contracts, the 90/10 system may apply, with Ps = 90(1 + (Pt - Pmax)/Pmax), where Pmax = highest acceptable tender price.
• Preference points are awarded based on Regulation 4(2), 5(2), 6(2), and 7(2) of the Preferential Procurement Regulations.

Eligible bidders must: Be tax compliant (verified via CSD); Not appear on Register of Tender Defaulters or List of Restricted Suppliers kept by National Treasury; Not have been found guilty of fraud/forgery; Not have engaged in collusive tendering, anti-competitive conduct, or offered/accepted gifts/inducements; Have no access to ASA proprietary information that would unfairly advantage them; Be willing to accept General Conditions of Contract as minimum terms; Be willing to negotiate and conclude a Service Level Agreement; Accept South African law and jurisdiction

Service scope and deliverables:

• Assist with purchasing and delivery of kitchen surplus.
• Upon award, a Service Level Agreement (SLA) will be negotiated to regulate specific terms. The SLA must include:
• Resources allocated to Agrément South Africa (ASA).
• Details of inclusions and exclusions.
• Standard turnaround times.
• In case of conflict between the bidder’s proposal and the SLA, the SLA will prevail.

Mandatory compliance requirements:

• Tax compliance: Must be tax compliant at time of award and remain so for the contract duration. Submission of a fraudulent tax clearance certificate or CSD non-compliance will result in award withdrawal or contract cancellation.
• Tender Defaulters/Restricted Suppliers: No awards to bidders (or their members/directors/partners/trustees) listed on National Treasury’s Register of Tender Defaulters or List of Restricted Suppliers. ASA may withdraw awards or cancel contracts if blacklisting is discovered later.
• Ethical and legal declarations (see submissionGuidelines).
• Sub-contractors and personnel must comply with all bid terms; bidder remains liable for sub-contractor actions.
• Confidentiality: No disclosure of bid or tender information without ASA’s written approval. All documents remain ASA’s property and must be returned upon request.
• Governing law: South African law applies; disputes fall under South African court jurisdiction.

Availability of funds and escape clause:

• ASA may terminate or suspend services if funds are unavailable or service is non-compliant.
• Bidder is entitled to payment for services delivered up to the date of termination or suspension.

Bidder declarations:

• Must act honestly, fairly, and with due skill, care, and diligence in ASA’s interests.
• Must effectively employ resources, procedures, and technological systems for proper service performance.
• Must act with circumspection and treat ASA fairly in conflicting interests.
• Must comply with all applicable statutory or common law requirements.
• Must disclose relevant material information, including actual or potential conflicts of interest.
• Must avoid fraudulent/misleading advertising, canvassing, or marketing.
• Must conduct business transparently, prioritising ASA’s interests.
• Must not use or disclose ASA information without written consent.

Evaluation process and rights of Agrément South Africa:

• May award to a bidder not scoring the highest points, in accordance with PPPFA Act Section 2(1)(f).
• May negotiate terms (including price) with preferred bidders without extending the same opportunity to others.
• May conduct site inspections, product evaluations, or explanatory meetings to verify service quality, before or after adjudication.
• May correct mistakes in bid documents or process at any stage.
• May cancel/terminate the tender process at any stage, including post-closing or post-evaluation.

Department: SUPPLY CHAIN MANAGEMENT. No specific contact name, email, phone, or address provided in the document.

Submit the following returnable documents: A completed and signed SBD4 Bidder’s Disclosure form. Ensure all declarations (Sections 2 and 3) are fully and accurately completed. Failure to submit a true and complete disclosure will result in automatic disqualification.

Signed declaration: The bidder must sign and date the SBD4 form, certifying that all information in paragraphs 1, 2, and 3 is correct. Acknowledge that the state may reject the bid or take action under PFMA SCM Instruction /22 if the declaration is false.

Disqualification conditions: Bidders listed in the Register for Tender Defaulters or the List of Restricted Suppliers will be automatically disqualified. Ethical and legal compliance: Bidders must declare any state employment, relationships with procuring institution employees, or interests in related enterprises. Collusion and corruption: Bids must be submitted independently, without consultation or agreement with competitors. Any suspicious bids may be reported to the Competition Commission, National Prosecuting Authority (NPA), or result in a 10-year public sector restriction under the Prevention and Combating of Corrupt Activities Act. Bidders must certify that all information in the SBD4 form is true and complete.

Legal consequences: Suspicious bids may be reported to the Competition Commission (Section 59 of the Competition Act) or the NPA for criminal investigation. Bidders may face a 10-year public sector restriction under the Prevention and Combating of Corrupt Activities Act.