Provide Legal Services to the Mhsc - Mine Health

Returnable Documents:

1.1 INTRODUCTION TO THE MINE HEALTH AND SAFETY COUNCIL The Mine Health and Safety Council (MHSC) is a national public entity (Schedule 3A) established in terms of the Mine Health and Safety Act, No. , as amended. The MHSC is mandated to advise the Minister of the Department of Mineral and Petroleum Resources (DMPR) on mine health and safety (MHS) issues in the mining industry, relating to the development and implementation of the MHSC annual MHS research programme, reviewing and development of MHS legislation and dissemination (knowledge and technology transfer) of MHSC research outcomes to improve MHS conditions in the South African Mining Industry (SAMI). The MHSC is occasionally engaged in litigation, which is initiated by the MHSC, various stakeholders or employees of the MHSC. Thus, it is imperative to establish a panel of attorneys with a diverse range of legal experience and specializations to offer the MHSC legal assistance and services as needed. 2. PART A: THE CONTRACT 2.1 CONTEXT OF THIS PROCUREMENT The MHSC seeks to appoint suitably qualified and experienced law firms to form part of a panel of service providers to provide legal services. 2.2 CONTRACT PERIOD The duration of this project is expected to take a period 03 years 36 Months. 2.3 DETAILED SPECIFICATIONS/SCOPE OF WORK The detailed scope of work is as follows: The bidders will be required to provide the MHSC with general legal and litigation services, which would encompass any matter that necessitates legal intervention and/or has a legal impact on the MHSC. The bidders should be able to demonstrate expertise in one or more of the following fields of law: Corporate law services i Contracts and Service Level Agreements drafting. ii Legal vetting of contracts, Service Level Agreements. iii Provide advice on compliance and corporate governance matters. iv Copyright, trademark and intellectual property rights. v Legislative and regulatory drafting. Labour law i Employment Relations Matters. ii Disciplinary processes (including initiating and chairing disciplinary hearings). iii Providing legal opinions on labour matters that may have legal implications for the MHSC. iv Representing the MHSC at Labour Courts, CCMA and other related jurisdictions. v Arbitrations and dispute resolutions. Litigation and general legal services i Providing legal opinions on matters that may have legal implications for the MHSC. ii Contractual disputes. iii Debt collection and claims. iv Conducting litigation as necessary. 3. PART B: THE PRICING BID PRICE SCHEDULE The intention is to appoint a panel of service providers; therefore, Price and preference will not be evaluated in this tender. The Specific Goals and Price to be assessed as and when services are required, against the award. 4. PART C: BID SELECTION PROCESS 4.1 BID PREPARATION AND SUBMISSION 4.1.1 Number of bid documents: 1 X Original and 2 X copies of the original for contract signing (Hard copies) – THREE. 4.1.2 Number of bid documents (Electronic Copy) of the original document in PDF (USB) – ONE. A digital version on USB containing the bid document and all other supporting documents (fully submitted bid proposal with its attachments) must be provided of all tender documentation within the bid envelope. These serve as the original sets of bid documents and form part of the contract. 4.2 BID CLOSING 4.2.1 There shall be no public opening by the MHSC of the bids received. 4.2.2 There shall be no discussions with any enterprise until evaluation and adjudication of the proposal has been complete. 4.2.3 Any subsequent discussions shall be at the discretion of MHSC. Unless specifically provided for in the proposal document, bids submitted by means of telegram, telex, facsimile or similar means shall not be considered by MHSC. 4.2.4 All bids shall close on the specified date and time as stipulated in the bid document. 4.2.5 Bids received after closing time and date will be classified as LATE and will not be considered. 4.2.6 Bids submitted in any other manner other than the specified address (tender box) shall not be accepted. 4.3 ADMINISTRATIVE COMPLIANCE (RETURNABLE DOCUMENTS) Administrative compliance/responsiveness will be tested based on returnable documents submitted and signatures on the Bid documents. At this stage the verification is to review bid responses for purposes of assessing compliance and governance with RFB requirements, whereby a bidder will be disqualified if they do not fully comply, it must be determined what documents are required to be returned by Bidders. Bids will be verified for compliance with the procedural requirements of the bid, which entails the completion and/or submission of the returnable documents and schedules specified in the Returnable Documents and Schedules Checklist below. No award will be done without complete provision of returnable documents and any schedules. Returnable documents are categorized as follows: Submission of fully completed Invitation to Bid (SBD 1) Comply Do Not comply Substantiation: The bidder must submit the fully completed and signed SBD1 (Invitation to Bid) Fully completed and signed Bidders’ Disclosure form (SBD Comply Do Not comply 4) Substantiation: The bidder must submit the fully completed and signed Bidders Disclosure (SBD 4) Fully completed SBD 6.1 (Preference Claim Form), Comply Do Not comply Substantiation: The bidder must submit the fully completed preference claim form, points must be correctly claimed and the points for the specific goals must be supported by a valid B-BBEE certificate or a certified sworn affidavit. Bidders should ensure the points are correctly claimed for the specific goals and information is captured correctly and information is true. False information may result in the bid being disqualified. Bidder must complete the detailed pricing Schedule (SBD Comply Do Not comply 3) Substantiation: The bidder must submit and attach to the bid response fully completed pricing Schedule (SBD 3) The recommended bidder, where applicable, will be requested to sign and complete the SBD 7 contract form upon award. Submission of fully completed Contract Form (where Comply Do Not applicable) comply Substantiation: The bidder must submit and attach the fully completed and signed and initialled SBD 7 (Contract form) 4.4 MANDATORY COMPLIANCE – CENTRAL SUPPLIER DATABASE Bidders are required to be registered on the Central Supplier Database (CSD) of National Treasury prior to submitting their bid (open tenders). Failure to being registered on the CSD and failure to submit the requested proof of registration on CSD information will lead to disqualification. (Please provide proof of registration on the Central Supplier Database). Only suppliers who are registered with the Central Supplier Database (CSD) will be considered for this bid. Bidders who are not registered on CSD, will be disqualified. 4.5 MANDATORY COMPLIANCE – TAX STATUS VERIFICATION Bidders are required to submit their tax compliance status with their bid in the form of a Tax Verification PIN from SARS or CSD supplier number which must be captured in the SBD 1. MHSC only conducts business with bidders whose tax matters are in order. Failure to comply in terms of tax obligations will render your bid non-responsive and disqualified. It is the responsibility of the bidder to ensure they are tax compliant at time of submitting their response. 4.6 PROTECTION OF PERSONAL INFORMATION ACT, (POPIA) MHSC adheres to the Protection of Personal Information Act, (POPIA) requirements regarding personal information which came into effect 1 July 2021. As MHSC, we are committed to protecting your privacy and ensuring that personal information collected is used properly, lawfully, and transparently. 4.7 OCCUPATIONAL HEALTH AND SAFETY The service provider acknowledges that he is fully aware of the provisions of the Mine Health and Safety Act .MHSC promotes a culture of occupational health and safety in the mining industry. The service provider acknowledges that he is fully aware of the provisions of the OHS Act and that he is an employer in his own right with duties and responsibilities as prescribed in the Act. 5. PART D: BID EVALUATION PROCESS 5.1. EVALUATION PROCESS The evaluation process will comprise of the following phases: • Phase 1: Mandatory Technical Evaluation. • Phase 2: Functionality Technical Evaluation. 5.1.1. MANDATORY TECHNICAL EVALUATION • Verify that mandatory requirements are met as per the bid document. • The bidder must indicate its compliance / non-compliance to the requirements and should substantiate its response/s with supporting evidence. If more space is required to justify compliance, please ensure that the substantiation is clearly cross-referenced to the relevant requirement. • Failure to comply with Mandatory Requirements will lead to the bidder being disqualified and not considered for further evaluation. Description of requirement Indicate Comply / Not Comply GENERAL Registration with the Legal Practice Council must be provided The Bidder must be a duly registered law firm and must be in good standing with the Legal Practice Council (LPC). Proof of such registration must be provided. Certificate of Good Standing – Legal Practitioners The Bidder must provide Valid Certificates of Good Standing, issued by the Legal Practice Council, for each of the identified practitioners. In addition - The Bidder must submit a detailed company organogram indicating all practitioners who will be assigned to work on MHSC matters, Proof of Professional Indemnity or Fidelity Cover The Bidder must submit a certified copy (not older than six months from the closing date of the bid) of the Fidelity Fund Certificate issued by the Legal Practice Council to the Lead Legal Practitioner (Partner/Director) or the Bidder must provide proof Professional Indemnity Cover for Lead Legal Practitioner 5.1.2. FUNCTIONALITY EVALUATION For the proposal to be considered for the next level of evaluation, bidders must score minimum of 75% overall in the below technical / functional evaluation criteria in order for the bid to be responsive. FUNCTIONALITY CRITERIA FUNCTIONALITY Evidence required Points Weights CRITERIA 1 COMPANY EXPERIENCE The bidder must demonstrate 5 years of public sector experience of the firm in each field of expertise with a concise summary of the matters in which the Bidder provided advice, opinions, representation, and other legal services. POINTS ALLOCATION • • The firm has more than ten (10) years’ experience in providing legal services and has submitted both a Company Profile Company Profile and a separate document and summarising matters in which relevant legal services a separate were rendered – 5 points. document • The firm has eight (8) to ten (10) years’ experience in providing a concise providing legal services and has submitted both a summary of Company Profile and a separate document relevant legal summarising matters in which relevant legal services services rendered. were rendered – 4 points. • The firm has five (5) to seven (7 but less than 8) years in providing legal services and has submitted both a Company Profile and a separate document summarising matters in which relevant legal services were rendered – 3 points. • The firm has less than five (5) years in providing legal services and has submitted both a Company Profile and a separate document summarising matters in which relevant legal services were rendered – 0 points. FUNCTIONALITY CRITERIA FUNCTIONALITY Evidence required Points Weights • The firm has provided incomplete evidence - one or both required documents are not submitted - 0 points CRITERIA 2 REFERENCE LETTERS Bidders must demonstrate their capacity to provide the required services by submitting references from clients for work performed within the last five (5) years preceding the closing date of the bid. Reference letters must: • Be dated within the last five (5) years. • Be issued on valid company letterheads. • Include full contact details of the referees for verification purposes. • Contain a description of the services provided and an indication of the quality of work delivered. POINTS ALLOCATION Reference letters 20 • Six verifiable signed reference letters on a valid company letterhead that covers all points above = 5 points • Five verifiable signed reference letters on a valid company letter head that covers all points above = 4 points • Four verifiable signed reference letters on a valid company letter head that covers all points above = 3 points • Three verifiable signed reference letters on a valid company letter head that covers all points above = 2 points FUNCTIONALITY CRITERIA FUNCTIONALITY Evidence required Points Weights • Less than two verifiable signed reference letters on a valid company letter head that covers all points above = 0 points Note: Letters that do not meet all the criteria as stipulated above will not be considered. CRITERIA 3 EXPERIENCE AND QUALIFICATION OF THE LEADING PARTNER/ DIRECTOR/ PRACTITIONER The lead Partner/Director/Practitioner must possess a minimum of ten (10) years of relevant post-admission Comprehensive CV experience as an attorney. of the Lead legal practitioner POINTS ALLOCATION outlining work • Submission of a comprehensive CV and a copy of the experience LLB or B-Proc degree or more for the team lead, with more than ten (10) years of post-admission experience and = 5 points 30 • Submission of a comprehensive CV and a copy of the Copy of certified LLB or B-Proc degree or more for the team lead, with qualification. (10) years of post-admission experience. = 3 points (certification not older than six (6) • Submission of a comprehensive CV, copy of the LLB months). or B-Proc degree for the team lead with less than 10 years of post-admission experience = 0 points • Submission of a comprehensive CV with less than 10 years’ post admission and/or no qualifications attached = 0 points FUNCTIONALITY CRITERIA FUNCTIONALITY Evidence required Points Weights CRITERIA 4 EXPERIENCE AND QUALIFICATION OF TEAM MEMBER(S) The bidder’s team must include at least one team member in addition to the team lead. The bidder must have, in its current employ, a legal practitioner with a minimum of five Comprehensive CV (5) years post-admission experience. of each team member • Submission of a comprehensive CV and a copy of the LLB or B-Proc degree or more for team member(s) and with more than eight (8) years of post-admission experience. – 5 points Copy of certified 20 • Submission of a comprehensive CV and a copy of the qualification. LLB or B-Proc degree or more for team member(s) (certification not with five (5) to eight (8) years of post-admission older than six (6) experience- 3 points months). • Submission of a comprehensive CV, copy of LLB Degree or B-Proc for the team member(s) with less than 5 years of post-admission experience = 0 points • Submission of a comprehensive CV with less than 5 years’ post admission experience and/or no qualifications attached = 0 points CRITERIA 5 NUMBER OF RESOURCES TO BE Concise CVs of ALLOCATED each team member This criterion evaluates the number and composition of qualified personnel (excluding the Lead Partner/Director) and that the bidder will allocate to the MHSC’s matters. 10 certified copies of POINTS ALLOCATION: qualifications • Five (5) and more team members (excluding the (certification not Lead Partner/Director) - 5 points older than six (6) months) FUNCTIONALITY CRITERIA FUNCTIONALITY Evidence required Points Weights • Three (3) to Four (4) team members (excluding the Lead Partner/Director) - 3 points • Two (2) team members (excluding the Lead Partner/Director) - 1 point • One (1) team members (excluding the Lead Partner/Director) - 0 points Only qualified personnel who meet the required criteria will be considered for scoring. Note: Bidders are to ensure that the team members used in the proposal must be the same team to execute the project. In instances whereby the team members resign, it is the bidder’s responsibility to ensure they replace those resources with resources of the same expertise and experience. PANEL UTILISATION STRATEGY • Panel members are not guaranteed any work under this bid proposal. The basis of engaging the firms of attorneys will be on an assignment (as and when required) basis. • MHSC will ensure impartiality and equity by sourcing and awarding assignments on a rotational basis to all panel members through a request for quotations. 6. PART E: BID CONDITIONS 6.1 CONDITIONS AND INSTRUCTION TO THE BIDDER a) Response preparation costs: MHSC is NOT liable for any costs incurred by a bidder in the process of responding to this Bid Invitation, including on-site presentations. b) Counter Conditions: MHSC. draws bidders’ attention that amendments to any of the Bid Conditions or setting of counter conditions by bidders will result in the invalidation of such bids. c) Collusion, Fraud and corruption: Any effort by Bidder/s to influence evaluation, comparisons, or award decisions in any manner will result in the rejection and disqualification of the bidder concerned. d) Cancellation prior to awarding: MHSC reserves the right to withdraw and cancel the Bid Invitation prior to making an award. The cancellation grounds include insufficient funds, where the award price is outside of the objective determined fair market-related price range or any process impropriety. e) Fronting: MHSC, in ensuring that bidders conduct themselves in an honest manner will, as part of the bid evaluation processes where applicable, conduct or initiate the necessary enquiries/investigations to determine the accuracy of the representation made in the bid documents. Should MHSC establish any of the fronting indicators as contained in the Department of Trade and Industry’s “Guidelines on Complex Structures and Transactions and Fronting” during such inquiry/investigation, the onus is on the bidder to prove that fronting does not exist. Failure to do so within a period of 7 days from date of notification will 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 MHSC may have against the bidder concerned. INTENTION TO SELL Is the bidder in the process of selling the bidding company? ❑ YES ❑ NO Does the bidder have any intention of selling the bidding company within the ❑ YES ❑ NO next 12 months? Does the bidder have any intention of selling the bidding company within the ❑ YES ❑ NO next 12 months to 60 months? MHSC reserves the right not to award to any bidder who answers any of the questions above “yes” should the bidder be the overall highest points scorer. However, the decision not to award will be on a case-by-case basis. 6.2 DISCLAIMERS MHSC has produced this document in good faith. MHSC, its agents, and its employees and associates do not warrant its accuracy or completeness. To the extent that MHSC is permitted by law, MHSC will not be liable for any claim whatsoever and how so ever arising (including, without limitation, any claim in contract, negligence or otherwise) for any incorrect or misleading information contained in this document due to any misinterpretation of this document. MHSC makes no representation, warranty, assurance, guarantee or endorsements to any provider/bidder concerning the document, whether regarding its accuracy, completeness or otherwise and MHSC shall have no liability towards the responding service providers or any other party in connection therewith. 6.3 CONDITIONS AND UNDERTAKINGS BY BIDDER The Bid forms should not be redrafted, but photocopies may be prepared and used. However, only documents with the original signature in black ink shall be accepted. Additional offers against any item should be made on a photocopy of the page in question. Black ink should be used when completing Bid documents. Bidders should check the numbers of the pages to satisfy themselves that none is missing or duplicated. MHSC will accept NO liability regarding anything arising from the fact that pages are missing or duplicated. I/We hereby Bid to supply all or any of the supplies and/or to procure all or any of the services described in the attached documents to MHSC on the terms and conditions and in accordance with the specifications stipulated in the Bid documents (and which shall be taken as part of, and incorporated into, this Bid) at the prices inserted therein. I/We agree that – the offer herein shall remain binding upon me/us and open for acceptance by MHSC during the validity period indicated and calculated from the closing hour and date of the Bid. the laws of the Republic of South Africa shall govern the contract created by the acceptance of my/our Bid and that I/we choose domicilium citandi et executandi in the Republic as indicated below; and NB: BIDDERS TERMS AND CONDITIONS ARE NOT ACCEPTABLE. I/We furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our Bid that the price(s) and rate(s) quoted cover all the work/item(s) specified in the Bid documents and that the price(s) and rate(s) cover all my/our obligations under a resulting contract and that I/we accept that any mistakes regarding price(s) and calculations will be at my/our risk. I/We hereby accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me/us under this Bid as the Principal(s) liable for the due fulfilment of this contract. o Signature of Bidder: ................................................................................. o Name of Signatory: ................................................................................. o Capacity of Signatory: ................................................................................. o Date: ................................................................................. o Are you duly authorized to sign this bid (Yes / No)? .......... o Name of Bidder [company name] (in block letters): ............................................. Postal address (in block letters): ........................................................................................................................................ ....................................................................................................................................... Domicilium citandi et executandi in the RSA (full street address of this place) (in block letters): ........................................................................................................................................ ....................................................................................................................................... Telephone Number: ....... - ..................................... Fax Number: ....... - ..................................... Cell Number: ................................................. Email Address: ...................................................................................... 6.4 IMPORTANT NOTICE TO BIDDERS Bidders are to be aware of scammers who pose as MHSC employees selling bid documents or offering monetary gratuity in exchange for information or awarding of bids. MHSC is in no way selling the bid document, all documents shall be found on the MHSC website and National Treasury eTender Portal and awarded bids are notified through the website and MHSC shall never ask any bidder for monetary gratuity in exchange for information or manipulating outcome of bids. 6.5 CORRESPONDENCES AND QUERIES Should it be necessary for a bidder to obtain clarity on any matter arising from or referred to in this RFB document, please refer queries, in writing, to the contact person(s) listed above in SBD 1 or below. Under no circumstances may any other employee within MHSC be approached for any information. Any queries regarding the bidding procedure may be directed to: Department: Supply Chain Management E-mail address: tenders@mhsc.org.za Due date for queries 23 January 2026 6.6 STANDARD CONDITIONS OF THE BID i. MHSC reserve the right to request a presentation. ii. MHSC may conduct the reference checks based on the references provided. iii. The MHSC reserves the right to terminate the contract during the first week after work has commenced should the appointed service provider have misrepresented themselves and/or their product and will not be able to fulfil the requirements as contained in the contract, which might result in the MHSC failing to deliver on its mandate timeously. iv. All documents and certifications required in terms of the bid requirements must be valid at time of submission of the bid on the closing date and time. v. No part of the contents of this document may be used, copied, disclosed, or conveyed in whole or in part to any party in any manner whatsoever other than for preparing a proposal in response to this bid, without prior written permission from the MHSC. vi. Late submissions will not be accepted. vii. A submission submitted in response to this bid will constitute a binding offer which will remain binding and irrevocable for a period of (120) days from the date of submission to the MHSC. Bidders may not modify their initial pricing offer whilst the bid validity period is still in force. Pricing schedules must be completed in full. Should the total bid prices differ, or calculation errors be identified, the one indicated on the price schedule shall be considered the correct price. viii. Any bidder who has reasons to believe that the bid specification is based on a specific brand must inform the MHSC before bid closing date. ix. No service will be rendered, or goods delivered before an official MHSC Purchase Order has been issued. x. All questions regarding this bid must be forwarded to the designated email address within at least 24 hours after the bid has been issued. xi. It is the responsibility of the bidder to ensure that its response reaches MHSC on or before the closing date and time of the bid. xii. The MHSC shall evaluate each responsive submission in terms of the method of evaluation stated in the bid document. xiii. if the MHSC amends this bid, the amendment will be publicized as the case maybe on the platforms which the bid was published. No oral amendments by any person will be considered or acknowledged. xiv. The MHSC reserves the right to carry out site inspections or call for supporting documentation to confirm any information provided by a Bidder in its bid. xv. Bidders may not make any alterations or additions to the content of this bid document, except to comply with the instructions issued by the MHSC. NB: PLEASE NOTE THAT BID RESPONSES MUST BE DEPOSITED IN THE TENDER BOX AS BID RESPONSES NOT SUBMITTED IN THE TENDER BOX SHALL NOT BE CONSIDERED. 6.7 PRICE NEGOTIATIONS The award of this bid may be subject to price negotiations with the preferred bidder or bidders, where there are opportunities where bid prices are not market related. 6.8 CANCELLATION OF BID MHSC reserves the right to cancel this bid due to the following reasons: a) Due to changed circumstances, there is no longer a need for the services specified in this bid. b) Funds are no longer available to cover the total envisaged expenditure for the project. c) No bids meet the required specifications. d) There is a material irregularity in the bid process. 6.9 FINANCIAL PAYMENT Payment will be made in accordance with section 38(1)(f) and 76(4)(b) of the PFMA and Treasury Regulations 8.2.3 (within 30 days from receipt of invoice after completion of deliverables). 6.10 DUE DILIGENCE Where circumstances justifies it, MHSC reserves the right to conduct due diligence (interviews, samples, presentations, site visits) with shortlisted bidders who meet the minimum qualifying score on the functionality phase evaluation criteria, whereby bidders will present further information or provide further proof to the evaluation committee. In these cases, MHSC may provide the areas of concern to the short-listed bidders to address in their presentations. 6.11 BID AWARD Awarding of tenders will be published on the National Treasury e-tender portal and MHSC’ website. No regret letters will be sent out. A bid is considered awarded when both parties have signed the award letter. Goods may be delivered, or services may be rendered only with an official purchase order as signed and issued by the MHSC. 6.12 REASONS FOR DISQUALIFICATION MHSC reserves the right to disqualify any bidders who do not comply with one or more of the following bid requirements and may take place without prior notice to the bidder: • Bidder whose tax matters are not in order (Instruction Note /2018 Tax Compliance Status will apply). • Bidders who are not registered with the Central Supplier Database (CSD). • submitted incomplete information and documentation according to the requirements of this RFB document. • submitted information that is fraudulent, factually untrue or inaccurate information. • received information not available to other potential bidders through fraudulent means. • failed to comply with mandatory and technical requirements as stipulated in the RFB document. • misrepresented or altered material information in whatever way or manner. • promised, offered, or made gifts, benefits to any The Mine Health and Safety Council (MHSC) employee. • canvassed, lobbied to gain unfair advantage. • committed fraudulent acts; and • acted dishonestly and/or in bad faith etc. NB: it is the responsibility of the bidder to ensure the bid response is fully completed and signed and all required documents are valid and submitted upon closing date. The bidder should ensure that the tender register is also signed when submitting their bid at the tender box. 7. PART F: STANDARD BIDDING DOCUMENTS PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE MINE HEALTH SAFETY COUNCIL BID NUMBER: MHSC022/2025/26 CLOSING DATE: 30 JANUARY 2026 CLOSING TIME: 11:00am APPOINTMENT OF A PANEL OF LAW FIRMS TO PROVIDE LEGAL SERVICES TO THE MHSC FOR A PERIOD OF THREE (03) YEARS (36 MONTHS) ON AN AD HOC BASISDESCRIPTION BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) 145 Western service road, Western Woods office park, Woodmead BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TECHNICAL ENQUIRIES MAY BE DIRECTED TO: TO CONTACT PERSON SCM OFFICE CONTACT PERSON SCM OFFICE TELEPHONE NUMBER 011 656 1797 TELEPHONE NUMBER 011 656 1797 FACSIMILE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS tenders@mhsc.org.za E-MAIL ADDRESS tenders@mhsc.org.za SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER CODE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER SUPPLIER TAX CENTRAL COMPLIANCE COMPLIANCE OR SUPPLIER STATUS SYSTEM PIN: DATABASE No: MAAA ARE YOU THE ACCREDITED ARE YOU A FOREIGN REPRESENTATIVE BASED SUPPLIER FOR Yes No IN SOUTH AFRICA THE GOODS /SERVICES Yes No FOR THE GOODS OFFERED? [IF YES, ANSWER THE /SERVICES [IF YES ENCLOSE PROOF] QUESTIONNAIRE BELOW] OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO 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 AS PER 2.3 BELOW. PART B TERMS AND CONDITIONS FOR BIDDING 1. BID SUBMISSION: 1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION. 1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED (NOT TO BE RE-TYPED) OR IN THE MANNER PRESCRIBED IN THE BID DOCUMENT. 1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT. 1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7). 2. TAX COMPLIANCE REQUIREMENTS 2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED; EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.” NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted e.g. company resolution) DATE: .................. Bidders are not allowed to contact any other MHSC staff in the context of this tender other than the indicated officials under SBD 1 above or as mentioned under “correspondences”. BIDDER’S DISCLOSURE (SBD 4) 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 interest in the enterprise, in table below. 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. 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 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