Establishment of a Panel - Western Cape

Returnable Documents:

3.1 The Western Cape Department of Economic Development and Tourism, seeks to appoint a panel of caterers for the provision of catering services. The department aims to support catering companies by placing successful companies on a panel, which will be engaged for the provision of catering services for departmental interventions. 3.2 The Department makes use of catering services for both internal and external meetings, workshops, and special events across the Western Cape. Being placed on the panel will ensure that eligible caterers are considered during the procurement of catering services. 4. NATURE AND SCOPE OF SERVICES TO BE RENDERED 4.1 The appointed service providers must be able to: 4.1.1 Provide catering services for different types of meetings and events, including but not limited to staff meetings, executive committee meetings, high-profile meetings, and special functions. 4.1.2 Accommodate various dietary preferences, including but not limited to vegetarian, kosher, and halal, with valid certification where required. 4.1.3 Ensure food is prepared in a hygienic environment. 4.1.4 Deliver and set up food and catering equipment at designated venues at least 30 minutes before the scheduled commencement time of the event, workshop or meeting. 4.1.5 Supply required catering equipment, including serving tables, tablecloths, cutlery, crockery, and braai equipment where applicable. 4.1.6 Ensure professional presentation of food and staff (e.g., waiters in uniform). 4.1.7 Clean up the catering area after the event, workshop or meeting has been concluded. 4.1.8 Service Delivery Timeline: Standard catering service requests must be fulfilled within 48 hours of the request, while urgent requests must be fulfilled within 24 hours. 4.1.9 Food Quality and Nutrition: Service providers must ensure high-quality, fresh, and nutritious meals that meet health and dietary requirements. 4.1.10 Food Presentation and Service: Service providers must ensure proper labelling of food items to indicate dietary specifications (e.g., vegetarian, vegan, halal, kosher). www.westerncape.gov.za7 Department of Economic Development and Tourism 4.1.11 Compliance: Service providers must adhere to all local health and safety regulations and provide a valid municipal health certificate, where applicable. 4.1.12 Exceptional Catering Needs: Service providers may be required to provide specialized catering services for VIP and international delegations. 5. MINIMUM REQUIREMENTS FOR A VALID BID 5.1 Bidders that fail to adhere to any of the following, will be rendered non-responsive and will not be further evaluated: 5.1.1 Bidders must be registered on Central Supplier Database (CSD) and have active status on or before the closing date and time of the bid. Please check status on www.csd.gov.za. 5.1.2 Each party participating in a Joint Venture or Consortium must be tax compliant and must provide a WCBD 4. 5.1.3 Completed Annexure A. 6. COMPULSORY RETURNABLE DOCUMENTS 6.1 The following documents are compulsory and must be submitted according to the table below. Failure to submit documents listed under Table 1 below will result in disqualification. Table 1: List of Compulsory Bid Documents and requirements Document that must be Disqualification Description/ Instructions submitted WCBD 1 Invitation to Bid Yes 1) Authorised representative to sign bid. 2) Complete and sign. WCBD 4 Declaration of Interest, Declaration of Bidder’s Past Supply Chain Management Practices and Certificate Yes of Independent Bid Determination 1) Complete and sign. WCBD 6.1 No Preference Points Claim Form 1) Non-submission will lead to zero (0) score for B-BBEE points. 2) Only the B-BBEE status stated on the completed WCBD 6.1 will apply to the evaluation of this bid and not the www.westerncape.gov.za8 Department of Economic Development and Tourism B-BBEE status on the WCSEB or CSD. 3) Complete and sign. 4) Complete section 9 within the WCBD 6.1, if the bidder will sub-contract any portion of the service. BBBEE No To be submitted with the WCBD 6.1 Certificate / Affidavit 7. EVALUATION METHODOLOGY Bids shall be evaluated in terms of the following phases: 7.1 Placement on the Panel 7.1.1 Phase 1 – Qualification Criteria During this phase, bids will be verified against the minimum requirements as set out in this Request for Quotations (RFQ). 7.1.2 Phase 2 – Placement on the Panel All bids that met the minimum requirements will be recommended for placement on the panel of catering services. 7.2 UTILISATION FROM THE PANEL OF CATERING SERVICES (JOB BRIEF) 7.2.1 The catering services panel will be engaged according to specific requirements. Service providers will be invited to submit quotations in response to advertised job briefs. Invitations will be sent via email, detailing the specific catering services needed. The job brief will contain all necessary information for submitting a quotation or proposal. 7.2.2 The job brief may be advertised with functional evaluation criteria or specific compliance requirements before the final phase where the 80/20 preference points system would apply. 7.2.3 80/20 Preference Points System - Only qualifying bids will be evaluated in terms of the 80/20 preference points system, where the 80 points will be used for price and the 20 points are awarded to the bidder for attaining B-BBEE status level contributor in accordance with their BEE Certificate or affidavit. 8. APPLICABILITY OF PANEL 8.1 The panel will be active from the date of approval by the delegated authority and will close on 30 June 2028. The panel will therefore be active for approximately three years. www.westerncape.gov.za9 Department of Economic Development and Tourism 8.2 The request for inclusion on the panel of service providers will be advertised on a quarterly basis to allow service providers that have not previously applied, to be considered for placement. Therefore, service providers who have already applied and have been notified of successful placement, will not be required to apply again. 8.3 Service providers who apply after initial placement and was approved for placement, will be added to the panel until the closure of 30 June 2028. 8.4 Service provider whose compliance status has changed either as inactive, suspended or similar, will not be utilised until the status is becomes active. Service providers are therefore encouraged to ensure that the CSD status remains active, WCBD 4 is valid and is tax compliant. 9. DURATION OF CONTRACT 9.1 The panel will be active from the date of approval and will close on 30 June 2028. The panel will therefore be active for approximately three years. 10. REPORTING AND MONITORING 10.1 At re-publishing of the panel, the Department will verify the compliance status of bidders. 10.2 In addition, the Department will assess services in accordance with the utilisation of the panel. 11. TERMS AND CONDITIONS 11.1 The taxes of the successful bidder must be in order. Where the successful bidder is not tax compliant, the department will notify the bidder in writing of their non-compliant status and the bidder will be requested to submit written proof from SARS of their tax compliance status or proof that they have made an arrangement to meet their outstanding tax obligations within seven (7) working days. 11.2 All goods supplied must be approved by the South African Bureau of Standards (SABS) (where applicable). 11.3 Contract award may be subject to inspection of registered premises of caterers either at placement or job brief stage. 12. JOINT VENTURE/ CONSORTIUM 12.1 A Joint Venture, Consortium or Trust will qualify for points on evaluation of their B-BBEE status level as a legal entity, provided that the entity submits the requisite B-BBEE status level certificate. www.westerncape.gov.za10 Department of Economic Development and Tourism 13.2 Bidders must submit substantive proof of the existence of joint ventures and/or consortium arrangements. The department will accept signed agreements as satisfactory proof for the existence of a joint venture and/or consortium arrangement. 13.3 Joint venture and/or consortium agreements must clearly set out the roles and responsibilities of the lead partner. The agreement must also clearly identify the lead partner that is accordingly provided with a power of attorney to bind the other co-parties in all matters pertaining to the joint venture and/or consortium arrangement. 14 SUB-CONTRACTING 14.1 The Department reserves the right, at both the placement and job brief stages, not to make an award to any service provider who intends to sub-contract all or a substantial portion of the contract, as the primary objective is to support and engage directly with catering companies. 15 CONTRACTUAL ASPECTS 15.1 The contents of this document shall be deemed to constitute the Special Conditions of Contract applicable to this bid and shall be read together with the General Conditions of Contract issued in accordance with Chapter 16A of the Treasury Regulations. 15.2 Where, however, the Special Conditions of Contract conflict with the General Conditions of Contract, the Special Conditions of Contract shall prevail. 15.3 The bid document, together with the specifications contained in this document, shall constitute part of the Contract. 15.4 Bidders shall not perform any work or render any services in terms of the Contract unless in receipt of a written instruction to this effect by the Department. 15.5 The successful bidder may not assign his/ her obligations. 15.6 The successful bidder must advise the Head of Department of Economic Development and Tourism immediately when unforeseeable circumstances will adversely affect the execution of the contract. Full particulars of such circumstances as well as the period of delay must be furnished. 16 DISCLAIMER 16.1 Bidders must make and rely on their own investigations and satisfy themselves as to the correctness of any and all aspects of the bid. The Department will not be liable for any www.westerncape.gov.za11 Department of Economic Development and Tourism incorrect or potentially misleading information in relation to any part of this document and any accompanying bid documents. 16.2 The department reserves the right not to appoint any particular contracted partner who does not comply with the conditions of this bid or if information is obtained by the department about a bidder that could put the department at risk. 16.3 The department reserves the right to cancel this bid should the budget not be available at the time of award to cover the full quote of this tender or if the need does not exist anymore or the specification has changed. 17 ABSENCE OF OBLIGATION 17.1 No legal or other obligation shall arise between bidders and the Department unless and until the formal appointment documentation has been signed. The Department is not obliged to proceed with any proposals of any bidder. The Department also reserves the right to request changes to any proposed consortia. 18 INDEMNITY 18.1 The successful bidder will indemnify, protect, defend and hold harmless the Department from and against any and all claims, demands, actions and proceedings whatsoever including all fees, costs and expenses incurred in respect thereof arising out of: a) Any claim of any taxes payable by the bidder. b) Any claim for Workmen’s Compensation Insurance or for any loss for which the bidder is liable. 18.2 Any claim by a third party including any employees of the Department or of the bidder for any loss resulting from any bodily injury and or damages to property by any act or omission of the bidder or any of its employees, servants or agents. 19. FRONTING 19.1 The department supports the spirit of broad based black economic empowerment and recognises that real empowerment can only be achieved through individuals and businesses conducting themselves in accordance with the Constitution and garnering opportunities in an honest, fair, equitable, transparent, and legally compliant manner. Against this background the department strongly condemns any form of fronting. www.westerncape.gov.za12 Department of Economic Development and Tourism 19.2 The department, in ensuring that bidders conduct themselves in an honest manner will, as part of the bid evaluation processes, conduct, or initiate the necessary enquiries / investigations in determining the accuracy of the representations made in bid documents / proposals. Should any of the fronting indicators as contained in the Guidelines on Complex Structures and Transactions and Fronting, issued by the Department of Trade Industry and Competition (“dtic”), be determined during such enquiry / investigation, the onus will be on the bidder to prove that the allegation of fronting does not exist. Failure to do so within a period of 14-days from date of notification may invalidate the bid / contract and may also result in the restriction of the bidder to conduct business with the public sector for a period not exceeding 10-years, in addition to any other remedies the department may have at its disposal and accordingly wish to institute against such bidder concerned. 20. CONFLICT OF INTEREST, CORRUPTION AND FRAUD 20.1 The department reserves the right to disqualify any potential bidding agency who either itself, or through any of its members (save for such members who hold a minority interest in the bidding agency through shares listed on any recognised stock exchange), indirect members (being any person or entity who indirectly holds at least a 15% interest in the bidder other than in the context of shares listed on a recognised stock exchange), directors or members of senior management, whether in respect of the department or any other department organ or entity and whether from the Republic of South Africa or otherwise: a) Engages in any collusive tendering, anti-competitive conduct, or any other similar conduct, including but not limited to any collusion with any other bidder in respect of the subject matter of this bid. b) Seeks any assistance, other than assistance officially provided by a department, from any employee, advisor or other representative of a department in order to obtain any unlawful advantage in relation to the procurement or services provided or to be provided to the department, officers, directors, employees, advisors or other representatives. c) Makes or offers any gift, gratuity, anything of any value or other inducement, to any departmental officers, directors, employees, advisors or other representatives in order to obtain any unlawful advantage in relation to procurement or services provided or to be provided to a department. www.westerncape.gov.za13 Department of Economic Development and Tourism d) Accepts anything of value or an inducement that would or may provide financial gain, advantage or benefit in relation to procurement or services provided or to be provided to a department. e) Pays or agrees to pay to any person any fee, commission, percentage, brokerage fee, gift, or any other consideration, that is contingent upon or results from, the awarding of any tender, contract, right or entitlement which is in any way related to procurement or the rendering of any services to the department. f) Has, in the past, engaged in any matter referred to above. g) Has been found guilty in a court of law on charges of fraud and/or forgery, regardless of whether or not a prison term was imposed and despite such a bidding agency, member or director’s name(s) not specifically appearing on the List of Tender Defaulters kept at National Treasury. 21. MISREPRESENTATION DURING THE LIFECYCLE OF THE CONTRACT 21.1 The bidding agency should note that the terms of its tender will be incorporated in the proposed contract by reference and that the department relies upon the bidder’s tender as a material representation in making an award to a successful bidding agency and in concluding an agreement with said bidding agency. 21.2 It follows therefore that misrepresentations in a tender may give rise to service termination and a claim by the department against the bidder notwithstanding the conclusion of the SLA between the Department and the bidding agency for the provision of the service(s) in question. In the event of a conflict between the bidder’s proposal and the SLA concluded between the parties, the contents of the SLA will prevail. 22. CONFIDENTIALITY 22.1 Except as may be required by the operation of law, by a court or by any regulatory authority having appropriate jurisdiction, no information contained in- or relating to this bid or a bidding agency’s bid will be disclosed by any bidder or other person not officially involved with the department’s examination and evaluation of a bid. 22.2 No part of the bid may be distributed, reproduced, stored or transmitted, in any form or by any means, electronically, or by way of photocopying, recording or otherwise, in whole or in part except for the purpose of preparing a tender. This bid and any other documents supplied by the Department remain proprietary to the department and must www.westerncape.gov.za14 Department of Economic Development and Tourism be promptly returned to the department upon request, together with all copies, electronic versions, excerpts or summaries thereof or work as a consequence derived there from. 22.3 Throughout this bid process and thereafter, bidding agencies must secure the department’s written approval prior to the release of any information that pertains to (i) the potential work or activities to which this bid relates; or (ii) the process which follows this bid. Failure to adhere to this requirement may result in disqualification from the bid process and civil action. 23. IMPORTANT NOTES TO BIDDERS 23.1 The Department of Economic Development and Tourism conducts business in an ethical and fair manner. Any procurement irregularities, bribery or other misconduct must be reported to: Postal address: PO Box 659, Cape Town, 8000 Email: tip.offs@westerncape.gov.za Tel: 021 483 0901/0931 Fax: 021 483 0928 Street address: Atterbury House, 9 Riebeek Street, 9th Floor, Cape Town Provincial Forensic Services 021 483 0931 National Anti-corruption Hotline 0800 701 701 End. www.westerncape.gov.za15 Department of Economic Development and Tourism ANNEXURE A: SERVICE PROVIDER CATEGORY LIST Service providers must tick all applicable sections: Service/Operational Areas in the Western Cape Tick (✓) Cape Town Metro Cape Winelands Garden Route West Coast Overberg Central Karoo Other (Specify): Religious dietary requirements Tick (✓) Halal with Certification (Attach valid certification if applicable) Halal Friendly Kosher No specific religious dietary requirements Other dietary requirements Tick (✓) Gluten Free Vegan Vegetarian Health and Safety Compliance Certified (Attach valid certification if applicable) What is your company’s typical catering capacity for a single event? (This helps us understand Tick (✓) the scale of your operations.) Fewer than 20 people 21–50 people 51–100 people More than 100 people Menu Options (If available, provide a menu/catalogue and/or images ) Tick (✓) Cakes, confectionary Desserts Finger foods Hot plated food Cold plated food Other (Specify): Which companies or events have you catered for in the past two years? Company name Event type No. of people Approximate date www.westerncape.gov.za16 Department of Economic Development and Tourism WCBD 4 PROVINCIAL GOVERNMENT WESTERN CAPE DECLARATION OF INTERESTS, BIDDERS PAST SCM PRACTICES AND INDEPENDENT BID DETERMINATION 1. To give effect to the requirements of the Western Cape Provincial Treasury Instructions, 2019: Supply Chain Management (Goods and Services), Practice Note Declaration of Bidders Past SCM Practices-(SDB8), Instruction note Enhancing Compliance Monitoring and Improving Transparency and Accountability in Supply Chain Management, Practice note /10 - SBD 4 Declaration of Interest, Practice Note 2010 Prohibition of Restrictive practices SBD9, Section 4 (1) (b) (iii) of the Competition Act No. as amended together with its associated regulations, the Prevention and Combating of Corrupt Activities Act No and regulations pertaining to the tender defaulters register, Paragraph 16A9 of the National Treasury Regulations and/or any other applicable legislation. 2. All prospective bidders intending to do business with the Institution must be registered on the Central Supplier Database (CSD) and the Western Cape Supplier Evidence Bank (WCSEB) if they wish to do business with the Western Cape Government (WCG)via the electronic Procurement Solution (ePS). 3. Definitions “bid” means a bidder’s response to an institution’s invitation to participate in a procurement process which may include a bid, price quotation or proposal; “Bid rigging (or collusive bidding)” occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and/or services through a bidding process. Bid rigging is, therefore, an agreement between competitors; ‘‘business interest’’ means - (a) a right or entitlement to share in profits, revenue or assets of an entity; (b) a real or personal right in property; (c) a right to remuneration or any other private gain or benefit, or (d) includes any interest contemplated in paragraphs (a), (b) or (c) acquired through an intermediary and any potential interest in terms of any of those paragraphs; 4. “Consortium or Joint Venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 5. “Corruption”- General offences of corruption are defined in the Combating of Corrupt Activities If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za17 Department of Economic Development and Tourism WCBD 4 Act, 2004 (Act No ) as: Any person who directly or indirectly- (a) accepts or agrees or offers to accept an!' gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or (b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person., in order to act personally or by influencing another person so to act, in a manner— (i) that amounts to the- (aa) illegal. dishonest. unauthorised. incomplete. or biased: or (bb) misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation: (ii) that amounts to- (aa) the abuse of a position of authority; (bb) a breach of trust; or (cc) the violation of a legal duty or a set of rules; (iii) designed to achieve an unjustified result; or (iv) that amounts to any other unauthorised or improper inducement to do or 45 not to do anything. of the, is guilty of the offence of corruption “CSD” means the Central Supplier Database maintained by National Treasury; “employee”, in relation to – (a) a department, means a person contemplated in section 8 of the Public Service Act, 1994 but excludes a person appointed in terms of section 12A of that Act; and (b) a public entity, means a person employed by the public entity; ‘‘entity’’ means any - (a) association of persons, whether or not incorporated or registered in terms of any law, including a company, corporation, trust, partnership, close corporation, joint venture or consortium; or (b) sole proprietorship; ‘‘entity conducting business with the Institution’’ means an entity that contracts or applies or tenders for the sale, lease or supply of goods or services to the Province; “Family member” means a person’s – If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za18 Department of Economic Development and Tourism WCBD 4 (a) spouse; or (b) child, parent, brother, sister, whether such a relationship results from birth, marriage or adoption or some other legal arrangement (as the case may be); ‘‘intermediary’’ means a person through whom an interest is acquired, and includes a representative or agent or any other person who has been granted authority to act on behalf of another person; “Institution” means – a provincial department or provincial public entity listed in Schedule 3C of the Act; “Provincial Government Western Cape (PGWC)” means (a) the Institution of the Western Cape, and (b) a provincial public entity; “RWOEE” means - Remunerative Work Outside of the Employee’s Employment ‘‘spouse’’ means a person’s - (a) partner in marriage or civil union according to legislation; (b) partner in a customary union according to indigenous law; or (c) partner with whom he or she cohabits and who is publicly acknowledged by the person as his or her life partner or permanent companion. 4. Regulation 13(c) of the Public Service Regulations (PSR) 2016, effective 1 February 2017, prohibits any employee from conducting business with an organ of state, or holding a directorship in a public or private company doing business with an organ of state unless the employee is a director (in an official capacity) of a company listed in schedules 2 and 3 of the Public Finance Management Act. a) Therefore, by 31 January 2017 all employees who are conducting business with an organ of state should either have: (i) resigned as an employee of the government institution or; (ii) cease conducting business with an organ of state or; (iii) resign as a director/shareholder/owner/member of an entity that conducts business with an organ of state. If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za19 Department of Economic Development and Tourism WCBD 4 5. Any legal person, or their family members, may make an offer or offers in terms of this invitation to bid. In view of potential conflict of interest, in the event that the resulting bid, or part thereof, be awarded to family members of persons employed by an organ of state, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where the bidder is employed by the Institution 6. The bid of any bidder may be disregarded if that bidder or any of its directors abused the institution’s supply chain management system; committed fraud or any other improper conduct in relation to such system; or failed to perform on any previous contract. 7. Section 4 (1) (b) (iii) of the Competition Act No. , as amended, prohibits an agreement between, or concerted practice by firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging). Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds. 8. Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorises accounting officers and accounting authorities to: a) disregard the bid of any bidder if that bidder, or any of its directors have abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system. b) cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract. 9. Communication between partners in a joint venture or consortium will not be construed as collusive bidding. 10. In addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No or any other applicable legislation. SECTION A: DETAILS OF THE ENTITY CSD Registration Number MAAA Name of the Entity Entity registration Number (where applicable) Entity Type Tax Reference Number Full details of directors, shareholder, member, partner, trustee, sole proprietor or any persons with a right or entitlement to share in profits, revenue or assets of the entity should be disclosed in the Table A below. If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za20 Department of Economic Development and Tourism WCBD 4 TABLE A DESIGNATION PERCENTAGE (Where a director is a PERSONAL TAX FULL NAME IDENTITY NUMBER INTEREST IN shareholder, both REFERENCE NO. THE ENTITY should be confirmed) SECTION B: DECLARATION OF THE BIDDER’S INTEREST The supply chain management system of an institution must, irrespective of the procurement process followed, prohibit any award to an employee of the state, who either individually or as a director of a public or private company or a member of a close corporation, seek to conduct business with the WCG, unless such employee is in an official capacity a director of a company listed in Schedule 2 or 3 of the PFMA as prescribed by the Public Service Regulation 13 (c). Furthermore, an employee employed by an organ of state conducting remunerative work outside of the employee’s employment should first obtain the necessary approval by the delegated authority (RWOEE), failure to submit proof of such authority, where applicable, may result in disciplinary action. Are any persons listed in Table A identified on the CSD as employees of an organ of state? B1. NO YES (If yes, refer to Public Service Circular EIM 1/2016 to exercise the listed actions) Are any employees of the entity also employees of an organ of state? (If B2. NO YES yes complete Table B and attach their approved “RWOEE”) Are any family members of the persons listed in Table A employees of an organ of state? (If B3. NO YES yes complete Table B) If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za21 Department of Economic Development and Tourism WCBD 4 TABLE B Details of persons (family members) connected to or employees of an organ of state should be disclosed in Table B below. INSTITUTION DEPARTMENT/ DESIGNATION/ EMPLOYEE NO./ FULL NAME OF EMPLOYEE IDENTITY NUMBER ENTITY OF RELATIONSHIP TO PERSAL NO. EMPLOYMENT BIDDER** (Indicate if not known) If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za22 Department of Economic Development and Tourism WCBD 4 SECTION C: PERFORMANCE MANAGEMENT AND BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES To enable the prospective bidder to provide evidence of past and current performance. C1. Did the entity conduct business with an organ of state in the last twelve months? NO YES (If yes complete Table C) C2. TABLE C PROVINCIAL TYPE OF SERVICES OR CONTRACT/ ORDER PERIOD OF NAME OF CONTRACTOR DEPARTMENT OR VALUE OF CONTRACT COMMODITY NUMBER CONTRACT PROVINCIAL ENTITY NO YES C3. Is the entity or its principals listed on the National Database as companies or persons prohibited from doing business with the public sector? NO YES C4. Is the entity or its principals listed on the National Treasury Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No. )? (To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 326 5445.) NO YES N/A C5. If yes to C3 or C4, were you informed in writing about the listing on the database of restricted suppliers or Register for Tender Defaulters by National Treasury? NO YES C6. Was the entity or persons listed in Table A convicted for fraud or corruption during the past five years in a court of law (including a court outside the Republic of South Africa)? NO YES C7. Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract? Complete the below table to the maximum of the last 5 contracts. If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za23 Department of Economic Development and Tourism WCBD 4 SECTION D: DULY AUTHORISED REPRESENTATIVE TO DEPOSE TO AFFIDAVIT This form must be signed by a duly authorised representative of the entity in the presence of a commissioner of oaths. I,...................................................................................................................................................................................... hereby swear/affirm; i. that the information disclosed above is true and accurate; ii. that I understand the content of the document; iii. the entity undertakes to independently arrive at any offer at any time to the Institution without any consultation, communication, agreement or arrangement with any competitor. In addition, that there will be no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to the Institution. iv. that the entity or its representative are aware of and undertakes not to disclose the terms of any bid, formal or informal, directly or indirectly, to any competitor, prior to the awarding of the contract. .................................................................... DULY AUTHORISED REPRESENTATIVE’S SIGNATURE I certify that before administering the oath/affirmation I asked the deponent the following questions and wrote down his/her answers in his/her presence: 1.1 Do you know and understand the contents of the declaration? ANSWER: ............................. 1.2 Do you have any objection to taking the prescribed oath? ANSWER: .......................... 1.3 Do you consider the prescribed oath to be binding on your conscience? ANSWER:....................... 1.4 Do you want to make an affirmation? ANSWER: ......................... 2. I certify that the deponent has acknowledged that he/she knows and understands the contents of this declaration, which was sworn to/affirmed and the deponent’s signature/thumbprint/mark was place thereon in my presence. ..................................................................................................... SIGNATURE FULL NAMES Commissioner of Oaths Designation (rank) ....................................................... ex officio: Republic of South Africa Date:......................................................................... Place .................................................................. Business Address: .............................................................................................................................................. If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National Hotline 0800 701 701 This form must be completed annually. Should the information herein declared change in the course of the year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to advise the Institution in writing of the change in such details. www.westerncape.gov.za24 Department of Economic Development and Tourism WCBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2022 AND IN TERMS OF THE WESTERN CAPE GOVERNMENTS INTERIM STRATEGY AS IT RELATES TO PREFERENCE POINTS This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS (TENDERERS) MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE TENDER, PREFERENTIAL PROCUREMENT REGULATIONS, 2022 AND THE BROAD BASED BLACK ECONOMIC EMPOWERMENT ACT AND THE CODES OF GOOD PRACTICE 1. DEFINITIONS 1.1 “acceptable tender” means any tender which, in all respects, complies with the specifications and conditions of tender as set out in the tender document. 1.2 “affidavit” is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings. 1.3 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 1.4 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad- Based Black Economic Empowerment Act; 1.5 “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 1.6 “bid” means a written offer on the official bid documents or invitation of price quotations and “tender” is the act of bidding /tendering; 1.7 “Code of Good Practice” means the generic codes or the sector codes as the case may be; 1.8 “consortium or joint venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; “contract” means the agreement that results from the acceptance of a bid by an organ of state; 1.9 “EME” is an Exempted Micro Enterprise with an annual total revenue of R10 million or less. 1.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; Version: January 2023 www.westerncape.gov.za25 Department of Economic Development and Tourism 1.11 “Large Enterprise” is any enterprise with an annual total revenue above R50 million; 1.12 “non-firm prices” means all prices other than “firm” prices; 1.13 “person” includes a juristic person; 1.14 “price” means an amount of money tendered for goods or services, and includes all applicable taxes less all unconditional discounts; 1.15 “proof of B-BBEE status level contributor” means- (a) The B-BBEE status level certificate issued by an authorized body or person; (b) A sworn affidavit as prescribed in terms of the B-BBEE Codes of Good Practice; or (c) Any other requirement prescribed in terms of the Broad- Based Black Economic Empowerment Act. 1.16 QSE is a Qualifying Small Enterprise with an annual total revenue between R10 million and R50 million; 1.17 “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes; 1.18 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract. 1.19 “tender” means a written offer in the form determined by an organ of state in response to an invitation to provide or services through price quotations, competitive tendering process or any other method envisaged in legislation; 1.20 “tender for income-generating contracts” means a written offer in the form determined by an organ of state in response to an invitation for the origination of income-generating contracts through any method envisaged in legislation that will result in a legal agreement between the organ of state and a third party that produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of assets and concession contracts, excluding direct sales and disposal of assets through public auctions; 1.21 “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ); 1.22 “the Regulations” means the Preferential Procurement Regulations, 2022; 1.23 “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 11 October 2013; 1.24 “trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 1.25 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. Version: January 2023 www.westerncape.gov.za26 Department of Economic Development and Tourism 2. GENERAL CONDITIONS 2.1 The following preference point systems are applicable to all bids: a) the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and b) the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included). 2.2 Preference point system for this bid: a) The value of this bid is estimated to exceed/not exceed R50 000 000 (all applicable taxes included) and therefore the preference point system shall be applicable; or b) Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete whichever is not applicable for this tender). 2.3 Preference points for this bid (even in the case of a tender for income-generating contracts) shall be awarded for: a) Price; and b) B-BBEE Status Level of Contribution. 2.4 The maximum points for this bid are allocated as follows: POINTS PRICE 80/90 B-BBEE STATUS LEVEL OF CONTRIBUTOR 20/10 Total points for Price and B-BBEE must not exceed 100 2.5 Failure on the part of a bidder to fill in, sign this form and submit in the circumstances prescribed in the Codes of Good Practice either a B-BBEE Verification Certificate issued by a Verification Agency accredited by the South African Accreditation System (SANAS) or an affidavit confirming annual total revenue and level of black ownership together with the bid or an affidavit issued by Companies Intellectual Property Commission, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. 2.6 The organ of state reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ of state. 3. ADJUDICATION USING A POINT SYSTEM 3.1 Subject to Section 2 (1) (f) of the Preferential Procurement Policy Framework Act, 2000, the bidder obtaining the highest number of total points will be awarded the contract. Version: January 2023 www.westerncape.gov.za27 Department of Economic Development and Tourism 3.2 A tenderer must submit proof of its B-BBEE status level of contributor in order to claim points for B-BBEE. 3.3 A tenderer failing to submit proof of B-BBEE status level of contributor or is a non-compliant contributor to B-BBEE will not be disqualified but will only score: a) points out of 80 for price; and b) 0 points out of 20 for B-BBEE 3.4 Points scored must be rounded off to the nearest 2 decimal places. 3.5 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE. 3.6 As per section 2 (1) (f) of the Preferential Procurement Policy Framework Act, 2000, the contract may be awarded to a bidder other than the one scoring the highest number of total points based on objective criteria in addition to those contemplated in paragraph (d) and (e) of the Act that justifies the award to another tenderer provided that it has been stipulated upfront in the tendering conditions. 3.7 Should two or more bids be equal in all respects; the award shall be decided by the drawing of lots. 4. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES 4.1 POINTS AWARDED FOR PRICE 4.1.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEM A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10  Ps = Pt − P min   Pt − P min  801 −  Ps = 901 −   P min  or  P min  Where Ps = Points scored for price of bid under consideration Pt = Price of tender under consideration Pmin = Price of lowest acceptable tender Version: January 2023 www.westerncape.gov.za28 Department of Economic Development and Tourism 5. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME GENERATING PROCUREMENT 5.1 POINTS AWARDED FOR PRICE A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 or Where Ps = Points scored for price of tender under consideration Pt = Price of tender under consideration Pmax = Price of highest acceptable tender 6. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION 6.1 In terms of WCG interim strategy, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: Number of points Number of points B-BBEE Status Level of (90/10 system) (80/20 system) Contributor 1 10 20 2 9 18 3 6 14 4 5 12 5 4 8 6 3 6 7 2 4 8 1 2 Non-compliant 0 0 contributor 6.2 An EME must submit a valid, originally certified affidavit confirming annual turnover and level of black ownership or an affidavit issued by Companies Intellectual Property Commission 6.3 A QSE that is less than 51 per cent (50% or less) black owned must be verified in terms of the QSE scorecard issued via Government Gazette and submit a valid, original or a legible certified copy of a B-BBEE Verification Certificate issued by SANAS. 6.4 A QSE that is at least 51 per cent black owned (51% or higher) must submit a valid, originally certified affidavit confirming turnover and level of black ownership as well as declare its empowering status or an affidavit issued by Companies Intellectual Property Commission. Version: January 2023 www.westerncape.gov.za29 Department of Economic Development and Tourism 6.5 A large enterprise must submit a valid, original or originally certified copy of a B-BBEE Verification Certificate issued by a verification agency accredited by SANAS. 6.6 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. 6.7 A trust, consortium or joint venture (including unincorporated consortia and joint ventures) must submit a consolidated B-BBEE status level verification certificate for every separate tender. 6.8 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 7. BID DECLARATION 7.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 8. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPH 6 8.1 B-BBEE Status Level of Contribution....... = ...................... (maximum of 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 6.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or an affidavit confirming annual total revenue and level of black ownership in terms of the relevant sector code applicable to the tender. 9. SUB-CONTRACTING 9.1 Will any portion of the contract be sub-contracted? YES/NO (delete which is not applicable) 9.1.1 If yes, indicate: (i) what percentage of the contract will be subcontracted? ............................................ % (ii) the name of the sub-contractor? .................................................................... (iii) the B-BBEE status level of the sub-contractor? ................. (iv) whether the sub-contractor is an EME or QSE? YES/NO (delete which is not applicable) 9.1.2 Sub-contracting relates to a particular contract and if sub-contracting is applicable, the bidder to state in their response to a particular RFQ that a portion of that contract will be sub-contracted. 10. DECLARATION WITH REGARD TO COMPANY/FIRM 10.1 Name of company/ entity : .......................................................................................... 10.2 VAT registration number :........................................................................................... 10.3 Company Registration number : ........................................................................................... Version: January 2023 www.westerncape.gov.za30 Department of Economic Development and Tourism

No specific requirements found B-BBEE Minimum Level: 20