External audit services for agrément south africa (3-Year contract) – re-advert

Returnable documents

• SBD 4 (Bidder's Disclosure): must be completed, signed and submitted with the bid; it records the bidder's declarations on state employment, conflicts of interest and independent bid determination.

Disqualification

• Bidders appearing on the Register for Tender Defaulters or the List of Restricted Suppliers are automatically excluded from the process.
• Failure to disclose every active CSD-registered company linked to each director results in disqualification.
• A declaration found to be false disqualifies the bid.

SBD 4 (Bidder's Disclosure) — mandatory, signed

• States whether the bidder, or any of its directors, trustees, shareholders, members or partners, is employed by an organ of state, with full name, identity number and the organ of state concerned where applicable.
• States whether the bidder or anyone connected to it has a relationship with a person employed by the procuring institution, with particulars.
• States whether the bidder or anyone with a controlling interest holds an interest in any other enterprise, bidding or not, listing all CSD-registered companies with registration number and active/inactive/deleted status.
• Certifies that the bid was prepared independently, with no consultation, communication, agreement or arrangement with any competitor on quality, quantity, specifications, pricing methods, market allocation, the decision to bid or not, or delivery conditions.
• Certifies that the bid terms were not disclosed to any competitor before bid opening or award.
• Certifies that no contact was made with officials of the procuring institution outside the clarification process, and that the bidder was not involved in drafting the specifications or terms of reference.
• Acknowledges that suspicious bids may be reported to the Competition Commission, referred for criminal investigation, or lead to restriction from doing business with the state for up to 10 years.

Returnable document

• Annexure A (key personnel schedule): must be completed for the bidder's proposed audit team, listing each member's name and surname, position and qualification.

Procurement

• Independent external audit services to Agrément South Africa for a three-year period.

Proposed team (Annexure A)

• Bidders must set out the proposed engagement team by role, with name and surname, position and qualification for each member.
• Roles to be covered: Engagement Director(s), Audit Manager, IT Audit Manager, South African Trainee.

Key personnel schedule (Annexure A)

• Bidders must name the individuals proposed for the engagement and give each one's position and qualification.
• Positions to be filled: Engagement Director(s), Audit Manager, IT Audit Manager, South African Trainee.

Annexure B is a confirmation-of-independence letter issued by the bidding firm and addressed to Agrément South Africa, Infotech Building, 1090 Arcadia Street, Pretoria, Hatfield. It supports the appointment of an independent external auditor to deliver external audit services to Agrément South Africa over a three-year period. The letter covers the firm's independence and ethical compliance across the planning, fieldwork and finalisation phases of the audit, and is signed by the audit partner.

Agrément South Africa

Infotech Building

1090 Arcadia Street

Pretoria

Hatfield

Annexure B — Confirmation of Independence: must be completed on the firm's letterhead, signed and dated by the audit partner, and submitted with the bid.

• The firm must confirm that independence and ethical requirements are communicated to every team member proposed for the assignment during the planning, fieldwork and finalisation phases, and monitored continuously.
• The firm must confirm its independence from Agrément South Africa and its related parties.
• Every proposed engagement member must comply with the independence rules of the IFAC Code of Ethics and with the firm's own quality control policies and procedures.
• The firm must confirm that nothing arose during the 2021/22 to 2025/26 financial years, or during the pre-planning phase of the audit, that could impair its independence.
• The firm must confirm it has not carried out, and is not carrying out, any work for Agrément South Africa that creates a direct conflict of interest.
• The firm must confirm there is no conflict of interest between Agrément South Africa and any staff member on the audit, and that the capabilities and competence of the assigned staff were assessed as sufficient.
• The firm must confirm that none of its directors sits on an audit or advisory committee of Agrément South Africa.
• The firm must confirm it has not been subject to ethical misconduct issues and is not involved in any scandal that could damage its reputation.

Returnable form

• SBD 6.1 (Preference Points Claim Form): must be completed, signed by an authorised representative and submitted with the bid to claim preference points for specific goals.
• Points not claimed on the form, or claimed without the supporting proof, are not awarded.

Preference point system: 80/20 (price 80 points plus specific goals 20 points; total 100).

Price

• 80 points, scored against the lowest acceptable tender using the 80/20 price formula.

Specific goals (20 points in total)

• SMME status: 5 points
• More than 50% black female ownership: 5 points
• More than 50% black youth ownership: 5 points
• More than 50% ownership by people with disabilities: 5 points

Claiming and verification

• Bidders must indicate on SBD 6.1 which specific-goal points they claim; unclaimed goals score nothing.
• Failure to submit the proof or documentation required for a claimed goal means those points are forfeited.
• The organ of state may call for substantiation of any preference claim before adjudication or at any later stage.

Appointment of an independent external auditor to render external audit services to Agrément South Africa over a three-year period.

Returnable form

• SBD 6.1 (Preference Points Claim Form): claims points for specific goals and must be signed by a duly authorised representative.

Details required on the form

• Registered name of the company or firm and its company registration number.
• Type of firm: partnership, joint venture or consortium; sole proprietor; close corporation; public company; personal liability company; (Pty) Ltd; non-profit company; or state-owned company.

Consequences of a false or unfulfilled claim

• Disqualification from the tender process, recovery of costs and damages, cancellation of the contract, restriction from doing business with organs of state for up to 10 years, and referral for criminal prosecution.

Preference point system: 80/20 — 80 points for price and 20 points for specific goals, out of 100.

Price

• 80 points, awarded on the 80/20 formula relative to the lowest acceptable tender.

Specific goals (20 points)

• SMME: 5 points
• More than 50% black female ownership: 5 points
• More than 50% black youth ownership: 5 points
• More than 50% ownership by people with disabilities: 5 points

Claiming

• Bidders record on SBD 6.1 which goals they claim and how many points they claim for each.
• Goals not claimed, or claimed without the required proof, earn no points.
• The organ of state may require substantiation of any claim at any time.

Where the bidder's proposal and the service level agreement concluded between the parties conflict, the service level agreement prevails.

Returnable documents

• General Conditions of Contract: must be signed by an authorised representative of the bidder and submitted with the bid. Award is conditional on the bidder accepting these conditions as the minimum terms on which Agrément South Africa will contract.
• Bidder declaration: the technical response must carry the declarations listed under compliance requirements.
• Cover letter: must declare that the bidder had no access to Agrément South Africa proprietary information, or any other matter, that would have unfairly placed it in a preferential position over other bidders.

Reserved rights of Agrément South Africa

• It may award to a bidder that did not score the highest number of points, in terms of section 2(1)(f) of the PPPFA.
• It may negotiate terms, including price, with one or more preferred bidders identified during evaluation, without giving other bidders the same opportunity.
• It may accept part of a bid rather than the whole bid.
• It may award to more than one bidder on the basis of size or geographic considerations.
• It may carry out site inspections, product evaluations or explanatory meetings, before or after adjudication, to verify the nature and quality of the services offered.
• It may correct mistakes in the bid documents or in the process at any stage.
• It may cancel or terminate the process at any stage, including after the closing date, after presentations, after evaluation, or after preferred bidders have been notified.

Service level agreement

• On award, Agrément South Africa and the successful bidder will negotiate and conclude a service level agreement covering the terms applicable to the services, broadly following the draft service level indicators in the tender pack.
• The bidder's SLA must set out the resources it will allocate to Agrément South Africa, what the service includes and excludes, and its standard turnaround times.
• Agrément South Africa may accept or reject any amendments or additions the bidder proposes if they are unacceptable to it or pose a risk to the organisation.

Declarations required in the technical response

• Act honestly, fairly and with due skill, care and diligence in Agrément South Africa's interests.
• Employ the resources, procedures and technological systems needed to perform the services properly.
• Act with circumspection where interests conflict.
• Comply with all applicable statutory and common law requirements.
• Disclose all relevant material information, including actual or potential own interests.
• Avoid fraudulent or misleading advertising, canvassing and marketing.
• Conduct business transparently and put Agrément South Africa's interests ahead of any other consideration.
• Keep information obtained from Agrément South Africa confidential unless written consent to disclose is given.

Reserved rights

• Agrément South Africa may carry out site inspections, product evaluations or explanatory meetings, before or after adjudication, to verify the nature and quality of the services offered.
• It may accept part of a bid rather than the whole bid, and may award to more than one bidder on the basis of size or geographic considerations.

Costs and payment

• The bidder carries all costs of preparing, submitting and presenting its response, and every other cost it incurs during the bid process. Agrément South Africa is not liable for any of these costs, expenses or losses.
• Penalties for non-adherence to commissions payable to Agrément South Africa are enforced as set out in the SLA.
• Availability of funds: if funds are no longer available, or the service does not meet the specifications, Agrément South Africa may terminate the agreement or suspend all or part of the services on notice. The bidder must stop performance and limit further expenditure, and is entitled to payment in full for services delivered up to the date of cancellation or suspension.

Tax compliance

• No award will be made to a bidder that is not tax compliant. Agrément South Africa may withdraw an award or cancel a contract if the bidder was not tax compliant at award, submitted a fraudulent tax clearance certificate, or fails verification against the Central Supplier Database (CSD).
• The bidder must remain tax compliant for the full contract term.

National Treasury lists

• No award will be made to a bidder whose name, or that of any member, director, partner or trustee, appears on the Register of Tender Defaulters or the List of Restricted Suppliers. An award may be withdrawn or a contract cancelled if the bidder is blacklisted by another government institution.

Disqualifying conduct

• Collusive tendering, anti-competitive conduct, or collusion with another bidder.
• Seeking assistance from an Agrément South Africa employee, advisor or representative, other than assistance officially provided, to gain an unlawful advantage.
• Offering or giving any gift, gratuity, inducement or thing of value to Agrément South Africa officers, directors, employees, advisors or representatives.
• Accepting anything of value or an inducement that could provide financial gain or benefit in relation to the procurement.
• Paying or agreeing to pay any fee, commission, percentage, brokerage fee, gift or other consideration contingent on the award.
• Having engaged in any of the above in the past.
• A court conviction for fraud or forgery, whether or not a prison sentence was imposed and whether or not the name appears on the National Treasury list.
• The test applies to the bidder itself, its members, indirect members holding at least 15% (other than shares listed on a recognised stock exchange), directors and senior management.

Declarations required in the technical response

• Act honestly, fairly and with due skill, care and diligence in Agrément South Africa's interests.
• Employ the resources, procedures and technological systems needed to perform the services properly.
• Act with circumspection where interests conflict.
• Comply with all applicable statutory and common law requirements.
• Disclose all relevant material information, including actual or potential own interests.
• Avoid fraudulent or misleading advertising, canvassing and marketing.
• Conduct business transparently and put Agrément South Africa's interests ahead of any other consideration.
• Keep information obtained from Agrément South Africa confidential unless written consent to disclose is given.
• The cover letter must declare that the bidder had no access to Agrément South Africa proprietary information that would have unfairly advantaged it.

Indemnity

• If the bidder breaches the bid conditions and Agrément South Africa incurs costs or damages as a result, including investigation costs, procedural impairment, repetition of the bid process, or enforcement of intellectual property or confidentiality obligations, the bidder indemnifies and holds Agrément South Africa harmless against those costs, damages and losses.

Precedence

• The General Conditions of Contract prevail over anything provided at a briefing session, oral or written, unless the written information expressly amends them by reference.

Limitation of liability

• The bidder takes part in the process entirely at its own risk and cost. Agrément South Africa is not liable to compensate a bidder for any costs incurred or damages suffered through participating.

Misrepresentation

• The bid terms are incorporated into the contract by reference, and Agrément South Africa relies on the bid as a material representation when awarding and contracting.
• Misrepresentation may lead to termination of the service and a claim against the bidder, even after the service level agreement is concluded. Where the bidder's proposal and the SLA conflict, the SLA prevails.

Governing law

• South African law governs the bid and the response process, and the bidder submits to the exclusive jurisdiction of the South African courts.

Sub-contractors and personnel

• The bidder is responsible for ensuring that its personnel, its sub-contractors and their personnel comply with all bid conditions. Sub-contractors remain the bidder's responsibility, and Agrément South Africa is not liable for losses or damages they cause.

Confidentiality

• No information about the bid or a bidder's tender may be disclosed except where required by law, a court or a regulator with jurisdiction.
• Bid material may not be distributed, reproduced, stored or transmitted except to prepare a tender, and remains Agrément South Africa's property, to be returned on request with all copies, electronic versions, excerpts and derived work.
• The bidder must obtain Agrément South Africa's written approval before releasing any information about the potential work or the process that follows the bid. Failure may result in disqualification and civil action.

Proprietary information

• The bid cover letter must declare that the bidder had no access to Agrément South Africa proprietary information or any other matter that would have unfairly placed it in a preferential position over other bidders.

Penalties and funding

• Penalties for non-adherence to commissions payable to Agrément South Africa are enforced as set out in the SLA.
• If funds are no longer available, or the service does not meet the specifications, Agrément South Africa may terminate the agreement or suspend all or part of the services on notice. The bidder must stop performance and limit further expenditure, and is entitled to payment in full for services delivered up to the date of cancellation or suspension.

Bidder declaration

• The bidder must sign the declaration confirming it will act honestly and with due skill and care, employ the necessary resources and systems, act with circumspection where interests conflict, comply with statutory and common law requirements, disclose material interests, avoid fraudulent marketing, put Agrément South Africa's interests first, and keep its information confidential.

Reserved rights of Agrément South Africa

• It may award to a bidder that did not score the highest number of points, in terms of section 2(1)(f) of the PPPFA.
• It may negotiate terms, including price, with one or more preferred bidders identified during evaluation, without extending the same opportunity to other bidders.
• It may accept part of a bid rather than the whole bid.
• It may carry out site inspections, product evaluations or explanatory meetings, before or after adjudication, to verify the nature and quality of the services offered.
• It may correct mistakes in the bid documents or the process at any stage.
• It may cancel or terminate the process at any stage, including after the closing date, after presentations, after evaluation, or after preferred bidders have been notified.