Facilities Management Services - Electoral Commission

Returnable Documents:

The Electoral Commission is a permanent body established in terms of Chapter 9 of the Constitution of the Republic of South Africa and the Electoral Commission Act . It is responsible for managing and administering all elections and promoting and safeguarding democracy in South Africa. Although publicly funded and accountable to Parliament, the Electoral Commission is independent of government. In terms of Section 190 of the Constitution of the Republic of South Africa (Act ), the Electoral Commission must - • Manage elections of national, provincial and municipal legislative bodies; • Ensure that those elections are free and fair; • Declare the results of those elections; and • Compile and maintain a voters' roll. Duties of the Electoral Commission as stated in Section 5 of the Electoral Commission Act require that the Electoral Commission: • Compile and maintain a register of parties; • Undertake and promote research into electoral matters; • Develop and promote the development of electoral expertise and technology in all spheres of government; • Continuously review electoral laws and proposed electoral laws, and make recommendations; • Promote voter education; • Declare the results of elections for national, provincial and municipal legislative bodies within seven (7) days of those elections; and • Appoint appropriate resources in any sphere of government to conduct elections when necessary. The Electoral Commission currently operates in approximately 270 municipal electoral offices, nine (9) provincial offices and ten (10) warehouses at national and provincial level. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 GENERAL TENDER CONDITIONS 1. These conditions form part of the tender and failure to comply with these may invalidate a bid. 2. The following definitions shall apply: (a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; (b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad Based Black Economic Empowerment Act; (c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained 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; (d) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations and advertised competitive bidding processes; (e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. ); together with the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. ) (f) “comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilised have been taken into consideration; (g) “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; (h) “contract” means the agreement (including a service level agreement) that results from the acceptance of a bid by the Electoral Commission; (i) “EME” means any exempted micro enterprise with an annual total revenue that is less than the prescribed threshold value; (j) “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; (k) “functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; (l) “non-firm prices” means all prices other than “firm” prices; (m) “person” includes a juristic person; (n) “rand value” means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable duties and taxes; CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 (o) “service provider” means any individual or entity that is contracted by the Electoral Commission to render goods or services. (p) “specific goal” means specific goals as contemplated in section 2(1)(d) of the Preferential Procurement Policy Framework Act, 2000 (q) “state” means any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act (the PFMA), 1999 (Act No. ), any municipality or municipal entity, provincial legislature, National Assembly or the National Council of provinces; or Parliament; (r) “sub-contract” means the primary bidder/contractor’s assigning, leasing, making out work to, or employing, another person to support such primary bidder/contractor in the execution of part of a project in terms of the SLA/contract. (s) In the event that the primary contractor/bidder is purchasing or renting goods from another entity for the purposes of rendering the services required in respect of this tender the latter shall be deemed not to be a ‘sub-contractor’; and (t) “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 9 February 2007; and (u) “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. 3. The tender forms are drafted to ensure that certain essential information is to be furnished in a specific manner. Any additional particulars shall be furnished in the enclosed questionnaire/s (where applicable) or in a separate annexure/s. 4. The tender forms shall not be retyped or redrafted but photocopies may be prepared and used. All photocopied pages must, however, be completed and signed/initialled in original ink as stipulated. 5. Additional offers may be made for any item in response to this tender but only on a photocopy of the applicable page/s. Additional offers made in any other manner may be disregarded. 6. Tenders will not be qualified by the tenderer’s own conditions of tender. Failure to comply with this requirement shall invalidate the bid. 7. Failure on the part of the tenderer to sign/initial all applicable pages (where a provision to sign has been provided) of this tender form and thus to acknowledge and accept the conditions in writing shall invalidate the bid submission. 8. Failure on the part of the tenderer to complete the attached forms, questionnaires and specifications document in all respects may invalidate the bid submission. Failure to complete mandatory forms/schedules shall invalidate the bid submission. 9. All changes/ alterations in the tender document should be signed/initialled. Failure on the part of the tenderer to sign/initial any alterations and/or corrections made to information provided in this tender form may invalidate the tender submission. 10. No correction fluid/tape or similar products will be allowed and the use thereof on any page of the tender document may invalidate your bid submission. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 11. Any changes/ alterations to pricing that are not signed/ initialled are considered material, and shall invalidate the bid submission. Correction fluid/tape or similar products will not be allowed to amend prices and the use thereof shall invalidate the bid submission. 12. Comprehensive completion of the pricing schedules in this bid document is compulsory. Where pricing is not charged, same should be denoted as not applicable (N/A). Failure to complete all the required pricing schedules in detail required shall lead to the disqualification of a bid. 13. Information/detail provided on completed tender forms must be legible and ink must be used. Tender forms completed and signed mechanically, e.g. by means of a typewriter/computer or a signature/initial by means of a stamp are deemed to have been completed in original ink. Pencil must not be used as it shall lead to the disqualification of the bid submission. 14. Tenderers shall check the numbers of the pages and satisfy themselves that none are missing or duplicated. No liability shall be accepted with regards to claims arising from the fact that pages are missing or duplicated. Incomplete bid submissions (i.e. with missing pages) shall be disqualified. 15. Tender prices must be all inclusive, including VAT in respect of all vendors registered for VAT purposes. Non-VAT registered bidder shall not charge nor be eligible for the payment of VAT. 16. Tender prices for supplies in respect of which installation/ erection/ assembly is a requirement, shall include ALL costs inclusive of VAT on a basis of delivered on site as specified. 17. The Electoral Commission shall only accept bids at prices that are market related. In the event that a bid is deemed to not be market related the Electoral Commission reserves the right to negotiate prices in accordance with the provisions of the SCM policy in order to achieve a market related price or cancel the tender altogether. 18. National Treasury has placed an obligation on all bidders that intend doing business with government to register on its Central Supplier Database (CSD). The Electoral Commission will not contract any tenderer that is not registered on the CSD. 19. It is an absolute requirement that the tax affairs of the successful tenderer must be in order. 20. An entity’s tax compliance status is indicated on the Central Supplier Database (CSD). The Electoral Commission will only contract tenderers whose tax status is compliant. This means that if a tenderer has a non-compliant tax status before the award is completed the bid will be disqualified if that tenderer’s tax affairs remains non-compliant as per the provisions of National Treasury Instruction /2018. It remains the bidder’s responsibility to ensure that their taxes are in order, remain in order and that this is reflected on the CSD. The bidder must also ensure that all sub-contractors (if applicable) are tax compliant. 21. Bids must be submitted based on firm tender prices and delivery periods, unless otherwise stated in the bid specifications. Consequently, tenderers must clearly state whether prices and delivery periods will remain firm for the duration of the SLA/contract or not. 22. When the SLA/contract is awarded on the basis of firm prices, contract prices may be adjusted during the contract period only if: (a) customs or excise duty or any other duty, levy or tax (excluding any anti-dumping and countervailing duties or similar duties), is introduced in terms of any Act or regulation; or (b) any such duty, levy or tax is legally changed or abolished; and CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 (c) the onus of proof of the effect of such events is placed upon the tenderer. 23. If non-firm prices are provided for in the bid specifications, the following rules shall apply: (a) In respect of any factors which demonstrably have an influence on the production cost of the supplies or the cost of rendering the services which have been tendered on the basis of non- firm prices, price adjustments which become effective during the contract period may be allowed with effect from the date of the change in cost and founded on the actual direct change in the cost as used in the calculation of the tender price, in addition to those provided for. (b) Where the tenderer is the manufacturer of the supplies or the provider of the service, or where he/she/they is the accredited agent of the manufacturer or the provider, evidence in support of the price adjustments claimed shall be produced on demand. (c) As an alternative, the bidder may specify a formula in the bid submission for the purpose of adjusting prices in accordance with published indices. (d) Where the tenderer is not the provider of the service, or where he/she/they is not the accredited agent of the provider, any price adjustment shall be based on the increase or reduction to the tenderer in the net cost of the supplies on which the tender price was based. When any such increase or reduction in costs occurs, the tenderer shall submit copies of the quotation or price list with reference to which the tender price as calculated, as well as the revised quotation or price list on which the claim is based. 24. Where prices are subject to exchange rate fluctuations, tenderers must take that factor into account when bidding and, where necessary, should ensure that they have taken the necessary forward cover to provide for possible price increases. When applicable, specific detail to this effect should be included in the bid submission. 25. Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts. 26. Unconditional discounts offered by any tenderer as part of their bid submission may be considered by the Electoral Commission at its sole discretion in the bid adjudication process. Any other discounts offered by any tenderer will be taken into consideration for payment purposes. 27. The bid specifications form an integral part of the tender document and tenderers shall indicate in the space/s provided whether the specific goods and/or services offered are according to specification or not. 28. In cases where the goods and/or services offered are not according to specification, the deviations from the specifications must be indicated. Specifications may not, however, be changed on the tender forms provided as that shall invalidate a bid submission. 29. Unless specifically provided for in the tender document, no bids transmitted by facsimile or email will be considered. 30. Tenderers are requested to promote local content as far as possible. 31. A service level agreement (SLA/contract) shall be entered into with the successful tenderer. 32. Unless otherwise stipulated, all tools/equipment needed must be supplied by the successful tenderer. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 33. Any tenderer found to be influencing the tender adjudication process shall be automatically disqualified and not accepted for consideration. 34. In accordance with the Electoral Commission’s policy, the Electoral Commission reserves the right to procure goods/services outside of the SLA/contract if, inter alia, an emergency arises; the service provider’s point of supply is not situated at or near the place where services are required or, if the service provider’s services are not readily available. 35. The Electoral Commission reserves the right to negotiate the extension of the SLA/contract at its sole discretion with due regard to any statutory provisions imposed by National Treasury at the time of considering such extension. 36. The Electoral Commission may, at its sole discretion, resolve to procure lesser or additional goods/services as provided through the tender should the need arise. Any such change in the scope of services shall be negotiated with the successful tenderer if and when relevant with due regard to any statutory provisions imposed by National Treasury at the time of considering such. 37. Bid submissions received by the Electoral Commission and bid evaluation, assessment and adjudication reports that may contain sensitive information relating to any specific bids are not available for perusal by the public. 38. All information supplied by the Electoral Commission will be in the strictest confidence and will remain the proprietary information of the Electoral Commission. No tenderer will be permitted to disclose any such information to any third party without the prior express consent and/or written authority and/or consent of the Electoral Commission. 39. Should the tenderer fail to comply with any of the conditions of the SLA/contract, the Electoral Commission shall be entitled, without prejudice to any of its other rights, to: (a) arrange for the alternative execution of the service/s not rendered or not in conformity with the specifications of the SLA/contract; and (b) recover all costs, losses or damages it has incurred or suffered as a result of the tenderer’s conduct; or (c) cancel the SLA/contract and claim any damages which it has suffered as a result of having to make less favourable arrangement due to such cancellation. 40. All acquisitions for goods and/or services made by the Electoral Commission are subject to the following conditions: (a) No variations from the terms and conditions herein contained, and no contrary stipulation by the tenderer shall be valid and binding unless confirmed by the Electoral Commission in writing. (b) The Electoral Commission reserves the right to cancel any order if delivery is not made in due time and the tenderer will not be entitled to any cancellation fees. (c) Part deliveries will only be accepted on prior arrangement with the Electoral Commission. (d) If delivery is not met as per agreement, the Electoral Commission reserves the right to cancel the outstanding delivery, and recover all costs, losses or damages it has incurred or suffered as a result of the tenderer’s conduct. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 (e) No price adjustments shall be accepted unless stipulated in the tender document received and agreed to by the Electoral Commission. The tenderer will be obliged to sell at tendered prices. (f) The award of the tender may be subjected to the negotiation of a market-related price with a bidder in accordance with the provisions of the SCM policy. (g) The Electoral Commission shall not be responsible for any risk in relation to the goods before delivery. (h) The Electoral Commission shall not be obliged to pay for any goods with any deviation from the agreed specification and quality. (i) The Electoral Commission shall be entitled to return any goods with defects or deviations from the agreed specification without consent from the tenderer. (j) The service provider shall submit a valid tax invoice where the service provider is VAT registered, or a valid invoice if the service provider is not VAT registered, conforming to tax law requirements, to the Electoral Commission. The invoice amount shall correspond with the order amount and shall be VAT inclusive, where applicable. (k) Details provided on invoices issued to the Electoral Commission must correspond to the details of the service provider as registered on the Central Supplier Database (CSD). It remains the service provider’s responsibility to ensure that details are correct to enable the Electoral Commission to effect any payments due to the bidder. (l) Payment shall be effected within 30 days of receipt of a valid invoice/s together with a statement of the Electoral Commission’s account, unless a dispute arises in respect of such invoice/s. Every effort shall be made to take advantage of special discounts. (m) To avoid unnecessary delays in payment, it remains the tenderer’s responsibility to ensure that banking details are correct and validated on the Central Supplier Database (CSD). The Electoral Commission will not be liable for interest accrued on overdue accounts where the tenderer has not resolved their incorrect banking details on the CSD. 41. No damages shall be claimable by the Electoral Commission in respect of any reasonable period of delay which the tenderer can prove to the satisfaction of the Electoral Commission to be directly due to unforeseen events and/or any force majeure. 42. If the execution of any SLA/contract entered into is likely to be delayed or is in fact being delayed on account of any reason, full particulars of the circumstances shall be immediately reported in writing to the contact person stated in the service level agreement (SLA/contract), and at the same time the service provider shall indicate the extension of the delivery/completion period which will then be required. 43. If information required in respect of any item in the tender document cannot be adequately inserted in the space provided, additional information may be provided on a separate sheet of paper with a clear and accurate reference to the item and page of the tender document. 44. Tenderers may, at the discretion of the Electoral Commission, be requested to submit samples or prototypes, make presentations and/or written submissions in order for the Electoral Commission to assess compliance with tender conditions and specifications. 45. Scoring in respect of this tender will be based on the provisions of the Preferential Procurement Policy Framework Act, 2000 (PPPFA) and Preferential Procurement Regulations, 2022. Only valid CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 B-BBEE status level certificates, CIPC B-BBEE certificates or B-BBEE affidavits are acceptable, and these will be subject to verification and validation. 46. The following preference point systems are applicable to bids of the Electoral Commission: (a) the 80/20 system for goods and/or services with a Rand value equal to or below R50,000,000 (all applicable taxes included); (b) the 90/10 system for goods and/or services with a Rand value above R50,000,000 (all applicable taxes included); and (c) if it is unclear which preference point system will be applicable, then either the 80/20 or the 90/10 preference point system will apply and the lowest acceptable bid will be used to determine the applicable preference point system. 47. The value of this tender is estimated not to exceed R50,000,000 (all applicable taxes included) and therefore the 80/20 scoring system shall be applicable. 48. Preference points for this bid shall be awarded for: (a) Price (80 or 90 as applicable); and (b) Specific goal(s) (a maximum of 20 or 10 as applicable). 49. A maximum of 80 or 90 points is allocated for price on the following basis:  Pt − P min   Pt − P min  80/20 or 90/10 Ps = 80 1 −  or Ps = 90 1 −   P min   P min  Where Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmin = Price of lowest acceptable bid 50. In terms of Regulation 3(b) of the Preferential Procurement Regulations, 2022 preference points must be awarded to a tenderer for specific goal(s) in accordance with the table below: B-BBEE Status Level of Contributor Number of Points Number of Points 80/20 90/10 1 20 10 2 18 9 3 14 6 4 12 5 5 8 4 6 6 3 7 4 2 8 2 1 Non-compliant contributor 0 0 51. Tenderers who qualify as exempted micro enterprises (EMEs) in terms of the B-BBEE Act and its codes must submit a CIPC B-BBEE certificate or B-BBEE sworn affidavit (with the exception of sector codes). CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 (a) For EMEs falling under a sector charter, the tenderer must submit a B-BBEE document in compliance with the applicable sector code. 52. Tenderers who qualify as qualifying small enterprises (QSEs) in terms of the B-BBEE Act and its codes must submit a B-BBEE sworn affidavit or B-BBEE status level certificate as applicable. (a) QSEs with at least 51% black ownership must submit a B-BBEE QSE sworn affidavit. (b) QSEs with 50% or less black ownership must submit their valid B-BBEE status level certificate, issued by a Verification Agency accredited by South African Accreditation System (SANAS) substantiating their B-BBEE claims. A black-owned QSE may be measured in terms of the QSE scorecard should it so choose and therefore may also provide a valid B-BBEE status level certificate issued by a Verification Agency accredited by SANAS substantiating their B-BBEE claims. 53. Tenderers other than EMEs or QSEs must submit their valid B-BBEE status level certificate issued by a Verification Agency accredited by South African Accreditation System (SANAS), substantiating their B-BBEE claim. 54. Failure on the part of a tenderer to submit a sworn affidavit, or a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) together with the bid, will be interpreted to mean that preference points for specific goals are not claimed. 55. In order to validate the credibility of the information recorded on the B-BBEE verification certificate, sworn affidavit or CIPC B-BBEE certificate the Electoral Commission requires all applicable supporting documents. 56. An incorporated joint venture will qualify for points for its B-BBEE status level as a legal entity, provided that the entity submits its B-BBEE status level certificate. 57. A trust, consortium or unincorporated joint venture will qualify for points for its B-BBEE status level as an unincorporated entity, provided that the entity submits its consolidated B-BBEE status level certificate as if it were a group structure and that such a consolidated B-BBEE status level certificate is prepared for every separate bid. 58. Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialised scorecard contained in the B-BBEE Codes of Good Practice. 59. Start-ups that are EMEs but wish to tender for contracts of R10 million in value or above, must be verified using the QSE scorecard. For tenders of R50 million in value or above start-ups must be verified using the generic scorecard. 60. A person will not be awarded points for specific goals if it is indicated in the bid document that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for. 61. A person awarded a SLA/contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned. 62. The Electoral Commission reserves the right to require of a tenderer, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preference points, in any manner required by the Electoral Commission. In the event that no response is received from the issuer of the certificate after 48 hours or the tenderer, no specific goal points will be allocated in the final scoring. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 63. A tenderer who's bid is acceptable will be awarded a contract based on lowest acceptable bid, which is market related, subject to section 2(1)(f) of the PPPFA, in addition to complying with all the other requirements, such as, meeting the technical specifications and satisfying the Electoral Commission’s due diligence audit requirements which entails confirmation of the bidder’s capacity, capability and ability to render the goods/services in accordance with the tender conditions/ specifications. 64. Points scored will be rounded off to the nearest 2 decimal places. 65. In the event that two or more bids have scored equal total points, the successful bid will be the one scoring the highest number of points for specific goals. 66. Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 67. Any legal person may make an offer or offers in terms of this invitation to bid. 68. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the tenderer or his/ her authorised representative declare his/ her position in relation to the evaluating/ adjudicating authority, where: (a) the tenderer is employed by the state; and/or (b) the legal person on whose behalf the bidding document is signed, has a relationship with persons/ a person who are/ is involved in the evaluation and/ or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and/ or adjudication of the bid. 69. The Public Service Administration Management Act prohibits public servants from conducting business with the state or being a director of a public or private company that conducts business with the state. 70. The Electoral Commission may cancel the tender for reasons that may include inter alia: (a) Changed circumstances – There is no longer a need for the goods/services. (b) Funds are no longer available to cover the total envisaged expenditure. (c) No acceptable bid is received. (d) There is a material irregularity in the tender process. (e) If the price offered by a tenderer scoring the highest points is not market-related. 71. This bid is subject to the Preferential Procurement Policy Framework Act, 2000 and the Preferential Procurement Regulations, 2022, the general conditions of contract (GCC) and, if applicable, any other special conditions of contract. 72. The Electoral Commission reserves the right not to award the tender to a bidder that has affiliations with any registered political party/parties, candidate(s) or contestant(s)”. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 BID SUBMISSION This standard bidding document must be completed by the tenderer and forms part of all bids. In the case of a consortium or joint venture, every member of the consortium or joint venture must complete the questionnaire. In the case of subcontractors, where more than 25% of the work will be done by such subcontractor/s each subcontractor must complete the mandatory tender forms 13 to 25 - Tender Questionnaire, financial information, deliveries and guarantees, bidder’s disclosure, POPIA consent and Political Party affiliation declaration. Separate forms must be used in each case. Failure to complete and sign/initial all applicable pages (where a provision to sign has been provided) of this document in original ink shall invalidate your bid. Where space provided is insufficient, annexes must be submitted with the relevant information. False documents and/or the omission of information may invalidate your bid. The form serves as a declaration to ensure that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. Any bid may be disregarded if the tenderer or any of its directors or shareholders has: • abused the Electoral Commission’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. Prospective tenderers must register on the National Treasury Central Supplier Database (CSD) prior to submitting their bids. Failure to register on the CSD shall invalidate your tender. A tenderers tax affairs must be in order to be considered in the adjudication of this tender. A tenderer’s tax compliance status is reflected on the national treasury central supplier database (CSD). A tenderer’s tax compliance status shall apply as it was at the time of the award of the tender. The tender shall only be awarded to a tenderer that is tax compliant. The electoral commission verifies tax status against the CSD. Any bid with a non-compliant tax status shall be rejected at the time of the award of the tender. Tax non-compliant tenderers are, therefore, encouraged to continuously monitor their tax compliance status on the CSD and must ensure that their status reflects as tax compliant. tenderers must resolve any pending tax issues with SARS timeously as it takes time for status changes to be effected from the SARS Tax Compliance System (TCS) to the CSD. Although not all the information requested hereunder might be relevant to the specific requirements of this tender, you are requested to complete the document with as much relevant detail as possible. The information may be used during the bid evaluation process of the tender. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 TENDER QUESTIONNAIRE Important note: Where more space is required for additional information please use photocopies of the applicable page/s. However, all pages must be completed and signed in original ink. 1. Name of business entity (tenderer): .................................................................. 2. Company CIPC registration number (if applicable):................................................ 3. Central Supplier Database (CSD) registration number: M A A A Your unique registration number as provided above will be used to capture your company details as a vendor to the Electoral Commission. The Electoral Commission will draw your registration detail and tax compliant status from the National Treasury Central Supplier Database (CSD) and any changes (including banking details) you effect to your registration on the CSD will automatically update your registration as a vendor to the Electoral Commission. Detail provided on invoices issued to the Electoral Commission must correspond to the detail of your company as registered on the CSD. It remains your responsibility to ensure that details are correct to enable the Electoral Commission to effect any payments due to you. 4. Contact person (person representing tenderer): .............................................................. 5. Contact number: ............................................................................................................... 6. Cellphone number: .......................................................................................... 7. eMail address: ............................................................................................... 8. Physical address of tenderer: .............................................................................................. .................................................................................Postal Code: ............... 9. Type of Company/Enterprise [TICK APPLICABLE BOX]  Partnership/Joint Venture / Consortium  One person business/ sole propriety  Close corporation (CC)  Public Company  Personal Liability Company  Company (Pty) Ltd  Non-Profit Company  State Owned Company  Other ______________________________________________ 10. Describe Principal Business Activities .................................................................................................................. 11. Company Classification [TICK APPLICABLE BOX]  Manufacturer  Supplier  Professional  Other, e.g. transporter, et cetera. _________________________________________ 12. Total number of years the company/firm has been in business:.................. ............ CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 13. The names of directors/ members of companies are drawn from the Central Supplier Database (CSD). Please provide the detail of any directors/ trustees/ shareholders/ members/ partners or any person having a controlling interest and their individual identity numbers that do not appear on your CSD registration in the table below. Full Name Identity Number Designation 14. Enterprise size Classification (Tick one applicable to your company): EME QSE Generic 15. Please stipulate the B-BBEE status level of contribution as it appears on the certificate/affidavit for your entity 16. Is the entity an exempted micro enterprise (EME) for the purposes of the Preferential Procurement Regulations, YES NO 2022? 17. Has a B-BBEE status level verification certificate/affidavit YES NO been submitted? 18. If yes, who issued the certificate? A verification agency accredited by the South African National Accreditation System (SANAS) Commissioner of Oaths in the case of an applicable sworn affidavit CIPC All tenderers must submit sworn affidavits or status level certificates together with their bid documentation in support of and confirming the B-BBEE status level indicated above. Failure to submit the affidavit or certificate will result in a tenderer being deemed as a non-compliant contributor and a status level of zero (0) will be allocated. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 19. Compulsory supporting documents for B-BBEE claims OWNERSHIP DOCUMENTS REQUIRED Black ownership B-BBEE Status level certificate/ CIPC B-BBEE certificate/ B-BBEE Black female ownership sworn affidavit Proof ownership (share certificates for companies/ CK1 or CK2 for CCs) IDs for all owners Black people with disabilities Completed form EEA1 Doctor’s letter confirming disability Financial year end and Ex Disclosure certificate not older than Officio confirmation 3 months All tenderers must submit sufficient supporting documents together with their bid documentation in support of and confirming the specific goals claimed above. Failure to submit the documents will result in a tenderer being deemed as non-compliant and zero points (0) will be allocated for specific goals. If the tenderer is owned by juristic persons, proof of ownership must be submitted for all entities until all natural persons are accounted for. 20. Questionnaire to foreign bidders: Are you the accredited representative in South Africa for the goods/ services/ works offered? [If YES, enclose YES NO proof] Are you a foreign based supplier for the goods/ services/ YES NO works offered? [If YES, answer the questionnaire below ] Is the entity a resident of the republic of South Africa YES NO (RSA)? Does the entity have a branch in the RSA? YES NO Does the entity have a permanent establishment in the YES NO RSA? Does the entity have any source of income in the RSA? YES NO Is the entity liable in the RSA for any form of taxation? YES NO If the answer is “NO” to all of the above, then it is not a requirement to register for a tax compliance status system pin code from the South African Revenue Service (SARS) and if not register via e-Filing through the SARS website www.sars.gov.za. 21. Legal status of tenderer (tick one box) Principal tenderer Subcontractor ............% of work will be subcontracted* Consortium Joint venture (JV) Other, specify In the case of subcontractors, where more than 25% of the work will be done by such subcontractor/s, each subcontractor must complete the tender questionnaire as well as the bidder’s disclosure (SBD4). CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 Separate forms must be used in each case. In line with the National Treasury Instruction /2018 the tax affairs of subcontractors must also be in order on the Central Supplier Database (CSD). In bids where consortia/ joint ventures/ sub-contractors are involved, each party must submit a separate TCS certificate/ PIN/ CSD number. 22. Employment Equity Act (EEA) (Chapter VI – General Provisions: State Contracts) 23. In terms of Section 53(1) of the EEA every employer that makes an offer to conclude an agreement with any organ of state for the furnishing of suppliers or services to that organ of state or for the hiring or letting of anything: 23.1 must- (i) if it is a designated employer, comply with Chapters II and III of this Act; or (ii) if it is not a designated employer, comply with Chapter II of this Act; and 23.2 attach to that offer either- (i) a certificate in terms of subsection (2) which is conclusive evidence that the employer complies with the relevant Chapters of this Act; or (ii) a declaration by the employer that it complies with the relevant Chapters of this Act, which, when verified by the Director-General, is conclusive evidence of compliance. 24. In terms of Section 53(2) of the EEA an employer referred to in subsection (1) may request a certificate from the Minister confirming its compliance with Chapter II, or Chapters II and III, as the case may be. 25. In terms of Section 53(3) a certificate issued in terms of subsection (2) is valid for 12 months from the date of issue or until the next date on which the employer is obliged to submit a report in terms of section 21, whichever period is the longer. 26. In terms of Section 53(4) a failure to comply with the relevant provisions of this Act is sufficient ground for rejection of any offer to conclude an agreement referred to in subsection (1) or for cancellation of the agreement*. * Statutory regulations may require that supplies and services shall not be procured for and on behalf of the State, unless an employer has attached to its offer a certificate in terms of Section 53(I)(b)(i) or a declaration in terms of Section 53(l)(b)(ii) of the Employment Equity Act. 27. Is your company a designated employer in terms of the Employment Equity Act (EEA)? (Act 55 YES NO of 1998) 28. Does your company comply with Chapter III of EXEMPT YES NO the Employment Equity Act? (Act ) 29. In respect of the EEA requirements above, please attach either: 29.1 A certificate in terms of Section 53(2) of the EEA which is conclusive evidence that the employer complies with the relevant Chapters of the EEA; or An employer may request a certificate from the Minister confirming its compliance with Chapter II, or Chapters II and III, as the case may be. 29.2 A declaration by the employer that it complies with the relevant Chapters of the EEA, which, when verified by the Director-General, is conclusive evidence of compliance. 30. Tenderers must monitor developments around the EEA in order to be informed of any changes in the statutory requirements. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 31. In the event of subcontractors being used to render the services required in terms of this tender, the principal tenderer must complete the schedule below in order to clearly indicate which entities will be subcontracted as well as the percentage of work to be subcontracted to each of these entities in relation to the total value of the contract. Name of Company to be Subcontracted % Value of Total Contract Allocated to Subcontractor Total % of Work to be Sub-contracted* .................. % SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted e.g. company resolution) DATE: ................................................... CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 FINANCIAL INFORMATION 32. What is the company’s annual average turnover during the previous three financial years or such lesser period during which the business has been operating? Financial Year Annual Turnover Gross Asset Value Net Asset Value (e.g. 2022, 2023, 2024) R R R R R R R R R R R R 33. Please provide the following figures in respect of the most recent audited financial statements: Figures are provided for the audited financial statement of .............................. (State Year) o Total current assets R............................................. o Inventory R............................................. o Prepaid expenses R............................................. o Current liabilities R............................................. 34. Is your company listed on the Stock Exchange? YES NO 35. Are the prices quoted firm for the full period of the YES NO contract? If the tender prices are not firm for the full period, provide details against the appropriate category(s) below: Non-firm prices, i.e. prices linked to statutory adjustments YES NO and other proven adjustments. Explanation: .................................................................................... Prices linked to fixed period adjustments. YES NO Prices linked to escalation formula adjustments. YES NO Explanation: Note that for the purpose of price comparisons, the actual price inclusive of VAT that the Electoral Commission will have to pay over the contract period will be used, unless otherwise stipulated in the detailed specifications CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 DELIVERABLES AND GUARANTEES 36. Is the delivery period stated in the tender firm? YES NO 37. Do you confirm that the required goods/services are guaranteed in terms of any specific guarantees that may YES NO be required in the bid specification? 38. Are you the accredited representative in the Republic of South Africa of the manufacturer of the equipment YES NO offered by you? CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 SBD4 BIDDER’S DISCLOSURE 1. PURPOSE OF THE FORM Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid. In line with the principles of transparency, accountability, impartiality, and ethics as enshrined in the Constitution of the Republic of South Africa and further expressed in various pieces of legislation, it is required for the bidder to make this declaration in respect of the details required hereunder. Where a person/s are listed in the Register for Tender Defaulters and / or the List of Restricted Suppliers, that person will automatically be disqualified from the bid process. 2. Bidder’s Declaration 2.1. Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person having a controlling interest1 in the enterprise, employed by the state? YES/ NO 2.1.1. If so, furnish particulars of the names, individual identity numbers, and, if applicable, state employee numbers of sole proprietor/ directors / trustees / shareholders / members/ partners or any person having a controlling interest1 in the enterprise, in table below. Full Name Identity Number Name of State institution 2.2. Do you, or any person connected with the bidder, have a relationship with any person who is employed by the procuring institution? YES/ NO 1 the power, by one person or a group of persons holding the majority of the equity of an enterprise, alternatively, the person/s having the deciding vote or power to influence or to direct the course and decisions of the enterprise. CONTENTS OF THIS PAGE NOTED: ........................................................ SERVICE PROVIDERS INITIALS / SIGNATURE Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections may also invalidate your tender!! The use of any correction fluid, tape or similar products may invalidate your tender submission!! of 59 2.2.1. If so, furnish particulars: ............................................................................................................................................. ............................................................................................................................................. 2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or any person having a controlling interest in the enterprise have any interest in any other related enterprise whether or not they are bidding for this contract? YES/ NO 2.3.1 If so, furnish particulars: ............................................................................................................................

No specific requirements found B-BBEE Minimum Level: 0

Returnable Documents:

No specific requirements found