Construction materials expert to advise agrément south africa's technical executive committee (asa 07/11/2026)

Returnable form

• SBD 6.1 (Preference Points Claim Form): must be completed and signed by a representative authorised to bind the bidder, declaring the company name, registration number and type of entity, in order to claim preference points for specific goals.

Evidence

• The proof or documentation required to support a specific-goal claim must accompany the bid; if it is not submitted, no specific-goal points are awarded.
• The bidder must indicate on the form how points are claimed under each applicable preference point system.

Preference point system

• The form provides for the 80/20 system where the requirement is valued at up to R50 000 000 (all applicable taxes included) and the 90/10 system where it exceeds R50 000 000; the system applicable to this tender is indicated on the form.

Points allocation (total 100)

• Price: 80 points.
• Specific goals: 20 points, allocated as SMMEs 5, more than 50% black female ownership 5, more than 50% black youth ownership 5, and more than 50% ownership by people with disabilities 5.

Price scoring

• Price points are calculated as Ps = 80(1 − (Pt − Pmin) / Pmin) under the 80/20 system or Ps = 90(1 − (Pt − Pmin) / Pmin) under the 90/10 system, where Pt is the price under consideration and Pmin the lowest acceptable price.
• Points are awarded for price and for specific goals.

Preference points evidence

• Points for specific goals are awarded only where the bidder submits the proof or documentation required by the tender; without it, the specific-goal points are treated as not claimed.
• The organ of state may call on a bidder to substantiate any preference claim, before adjudication or at any later stage.
• SBD 6.1 (Preference Points Claim Form) must be completed and signed by an authorised representative of the bidding entity.

Disqualification risk

• A preference claim made fraudulently, or failure to meet the contract conditions, may result in disqualification, recovery of costs and damages, cancellation of the contract, restriction from doing business with any organ of state for up to 10 years, and criminal prosecution.

Preference point system

• The 80/20 system applies to requirements valued at up to R50 000 000 (all applicable taxes included) and the 90/10 system to requirements above R50 000 000; the form indicates which system applies to this tender.

Points allocation (total 100)

• Price: 80 points.
• Specific goals: 20 points, being SMMEs 5, more than 50% black female ownership 5, more than 50% black youth ownership 5, and more than 50% ownership by people with disabilities 5.

Price scoring

• Ps = 80(1 − (Pt − Pmin) / Pmin) under the 80/20 system, or Ps = 90(1 − (Pt − Pmin) / Pmin) under the 90/10 system, where Pt is the price under consideration and Pmin the lowest acceptable price.
• Points are awarded for price and for specific goals.
• A bidder that does not submit the required proof for a specific-goal claim is treated as not claiming those points.

Returnable documents

• SBD 4 (Bidder's Disclosure): must be completed, signed and dated by the bidder's authorised signatory and submitted with the bid.

Returnable form

• SBD 4 (Bidder's Disclosure): declares whether the bidder, or any of its directors, trustees, shareholders, members or partners, is employed by an organ of state; whether the bidder or anyone connected to it has a relationship with a person employed by the procuring institution; and whether the bidder or anyone holding a controlling interest in it holds an interest in any other enterprise. All active companies registered on the CSD that are linked to any director must be listed.

Disqualification risks

• A bidder appearing on the Register for Tender Defaulters or the List of Restricted Suppliers is automatically excluded from the bid process.
• Omitting any active CSD-registered company linked to a director leads to disqualification.
• A disclosure found to be false disqualifies the bid.

Service level agreement

• Where the bidder's proposal conflicts with the service level agreement concluded with ASA, 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 as the minimum terms on which ASA will contract.
• Bid cover letter: must declare that the bidder had no access to ASA proprietary information, or anything else, that placed it in a preferential position over other bidders.

Disqualification risks

• Releasing information about the work or about the process that follows the bid without ASA's prior written approval — may result in disqualification and civil action.
• Any conduct listed under conflict of interest, corruption and fraud.
• A failed Central Supplier Database verification or a fraudulent tax clearance certificate.
• A name appearing on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.

Award

• ASA may award to a bidder that did not score the highest number of points, in terms of section 2(1)(f) of the PPPFA.
• ASA may negotiate terms, including price, with one or more preferred bidders identified during evaluation, without offering the same opportunity to bidders that were not given preferred bidder status.
• ASA may accept part of a bid rather than the whole bid.
• ASA may award to more than one bidder on the basis of size or geographic spread.

Verification and process

• ASA may carry out site inspections, product evaluations or explanatory meetings, before or after adjudication, to verify the nature and quality of the services offered.
• ASA may correct mistakes in the bid documents or in the process at any stage.
• ASA 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.

Bid costs

• The bidder bears all costs of preparing, submitting and presenting its response; ASA is not liable for any costs, expenses or losses incurred in bidding.

Payment on termination

• If ASA terminates or suspends the services under the availability-of-funds clause, the bidder is entitled to payment in full for services delivered up to the date of cancellation or suspension.

Commission

• Penalties for non-payment of commissions due to ASA are enforced as set out in the service level agreement.

Tax compliance

• No award to a bidder that is not tax compliant, that submits a fraudulent tax clearance certificate, or whose Central Supplier Database verification proves non-compliant.
• The bidder must remain tax compliant for the full contract term; ASA may withdraw an award or cancel the contract if this fails.

Exclusion registers

• No award to a bidder whose name, or that of any member, director, partner or trustee, appears on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.
• ASA may withdraw an award or cancel the contract if the bidder is blacklisted by another government institution.

Conflict of interest, corruption and fraud

• ASA may disqualify a bidder whose members, indirect members holding at least 15%, directors or senior management engage in collusive tendering or anti-competitive conduct, seek unofficial assistance from ASA representatives, offer or accept inducements, pay fees or commissions contingent on an award, have done so in the past, or have been convicted of fraud or forgery.

Contract documents

• The General Conditions of Contract must be signed by an authorised representative and submitted with the bid.

Technical response declaration

• Bidders must confirm in their technical response that they will act honestly and with due skill, care and diligence, employ adequate resources and systems, manage conflicting interests, comply with applicable statutory and common law requirements, disclose material interests, avoid misleading marketing, act transparently, and keep ASA information confidential without written consent.

Service level agreement

• On award, ASA and the successful bidder will negotiate and conclude a service level agreement covering the specific terms for the services, broadly following the draft service level indicators in the tender pack.
• The SLA must set out the resources allocated to ASA, what is included and excluded, and standard turnaround times.
• ASA may accept or reject any amendments or additions proposed by a bidder that it considers unacceptable or that pose a risk to the organisation.
• Where the bidder's proposal conflicts with the concluded SLA, the SLA prevails.

Contract terms

• The terms of the bid are incorporated into the contract by reference, and ASA relies on the bid as a material representation when awarding and contracting.
• Misrepresentation may lead to termination of the service and a claim by ASA against the bidder.
• The bidder indemnifies ASA against costs and damages arising from a breach of the bid conditions, including investigation costs, repetition of the bid process, and enforcement of intellectual property or confidentiality obligations.
• Bidders participate at their own risk and cost; ASA is not liable to compensate a bidder for costs or damages arising from participation.
• The bidder bears all costs of preparing, submitting and presenting its response.
• The bidder is responsible for its personnel, agents, directors, advisors and any sub-contractors, and for their compliance with the bid conditions; ASA is not liable for losses caused by sub-contractors.
• South African law governs the bid and the response process, and the bidder submits to the exclusive jurisdiction of the South African courts.
• This conditions document prevails over anything provided at a briefing session, oral or written, unless the written information expressly amends it by reference.

Confidentiality

• Bidders may not disclose information about the bid or their tender except where required by law, a court or a regulator.
• The bid may not be distributed, reproduced or transmitted except to prepare a tender, and must be returned to ASA on request together with all copies and derivatives.
• ASA's prior written approval is required before releasing any information about the work or about the process that follows the bid.

Penalties and funding

• If commissions payable to ASA are not paid, penalties apply as set out in the SLA.
• If funds are no longer available, or the service does not meet the specifications, ASA may terminate the agreement or suspend all or part of the services on notice; the bidder must stop work and limit further expenditure, and is entitled to payment in full for services delivered up to the date of cancellation or suspension.

Award and negotiation rights

• ASA may award to a bidder that did not score the highest number of points, in terms of section 2(1)(f) of the PPPFA.
• ASA may negotiate terms, including price, with one or more preferred bidders identified during evaluation, without giving the same opportunity to bidders that were not granted preferred bidder status.
• ASA may accept part of a bid rather than the whole bid.
• ASA may award to multiple bidders on the basis of size or geographic spread.

Verification and process

• ASA may conduct site inspections, product evaluations or explanatory meetings, before or after adjudication, to verify the nature and quality of the services offered.
• ASA may correct mistakes in the bid documents or arising during the process at any stage.
• ASA 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.