Supply and delivery of high purity gases and gas mixtures – government tender in gauteng

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Bidders must: be registered on the Central Supplier Database (CSD); submit a valid SARS Tax Compliance Status (TCS) PIN or certificate (each party in a consortium/joint venture must submit separately); not be in the service of the state or have directors/members in the service of the state; complete and sign the Invitation to Bid (SBD 1), Pricing Schedule (SBD 3.1 for firm prices), Bidder's Disclosure (SBD 4), and Preference Points Claim Form (SBD 6.1); provide proof of B-BBEE status level (certificate, sworn affidavit, or other prescribed proof) to claim preference points; and submit a board resolution or proof of authority for the signatory.

Mixtures including cylinder rentals for a period of five years.

5. Use of contract documents and information; inspection

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: .................................

Sbd 3.1

Pricing schedule – firm prices

(Purchases)

Note: only firm prices will be accepted. Non-firm prices (including prices

Subject to rates of exchange variations) will not be considered

average monthly exchange rates as issued by your commercial bank for the periods indicated hereunder:

(Proof from bank required)

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS

Tcs pin is available but the bidder is registered on the central supplier database

Csd number

Csd number must be provided

Central supplier database

2. Tax compliance requirements

2.5 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS

A separate tcs certificate / pin / csd number.

2.8 Where NO tcs pin is available but the bidder is registered on the central supplier database

(Csd), a csd number must be provided.

Pricing schedule – firm prices

, Then IT is not a requirement to register for a tax compliance status

B-BBEE Minimum Level: 4

Points Allocation: 3 points

B-BBEE Details: ...

Signature Date

.................................... ......................................................

Position Name of bidder

2 Joint venture or Consortium 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.

Sbd 6.1

1. Preference points claim form in terms of nmisa SCM policy

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

2. Nb: before completing this form, bidders must study the general

Conditions, definitions and directives applicable in respect of b-

Bbee, as per nmisa SCM policy.

1. General conditions

1.1 The following preference point systems are applicable to all bids:

• the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

applicable taxes included); and

• the 90/10 system for requirements with a Rand value above R50 000 000 (all

applicable taxes included).

1.2

a) The value of this bid is estimated to exceed/not exceed R50 000 000 (all applicable

taxes included) and therefore the ...80/20........... 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).

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

Points

Price

B-bbee status level of contributor

Total points for Price and B-BBEE must not 100

exceed

1.5 Failure on the part of a bidder to submit proof of B

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE

8.1 Name of

company/firm:........................................................................................

8.2 VAT registration

number:.....................................................................................

8.3 Company registration

number:..............................................................................

8.4 Type of company/ firm

 Partnership/Joint Venture / Consortium

 One person business/sole propriety

 Close corporation

 Company

 (Pty) Limited

[Tick applicable box]

8.5 Describe principal business activities

..................................................................................................................

..................................................................................................................

..................................................................................................................

..................................................................................................................

........

8.6 Company classification

 Manufacturer

 Supplier

 Professional service provider

 Other service providers, e.g. transporter, etc.

[Tick applicable box]

8.7 Total number of years the company/firm has been in business:.................................

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the B-BBE status level of

contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the

company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary

proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a

of

fraudulent basis or any of the conditions of contract have not been

fulfilled, the purchaser may, in addition to any other remedy it may have

–

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or

suffered as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has

suffered as a result of having to make less favourable

arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its

shareholders and directors, or only the shareholders

and directors who acted on a fraudulent basis, be

restricted by the National Treasury from obtaining

business from any organ of state for a period not

exceeding 10 years, after the audi alteram partem (hear

the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

1. Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the

purchaser and the supplier, as recorded in the contract form signed by

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the

contract for the full and proper performance of his contractual

obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting

of any thing of value to influence the action of a public official in the

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise

abroad is subsidized by its government and encouraged to market its

products internationally.

1.6 “Country of origin” means the place where the goods were mined,

grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock

actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and

unloaded in the specified store or depot or on the specified site in

compliance with the conditions of the contract or order, the supplier

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods

on own initiative in the RSA at lower prices than that of the country of

origin and which have the potential to harm the local industries in the

in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of any bidder, and includes collusive practice among bidders

(prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials

that the supplier is required to supply to the purchaser under the

contract.

1.16 “Imported content” means that portion of the bidding price represented

by the cost of components, parts or materials which have been or are

still to be imported (whether by the supplier or his subcontractors) and

which costs are inclusive of the costs abroad, plus freight and other

direct importation costs such as landing costs, dock dues, import duty,

sales duty or other similar tax or duty at the South African place of

entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid will be

manufactured.

1.17 “Local content” means that portion of the bidding price which is not

included in the imported content provided that local manufacture does

take place.

1.18 “Manufacture” means the production of products in a factory using

labour, materials, components and machinery and includes other

related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods

or works or the rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of

the goods, such as transportation and any other incidental services,

such as installation, commissioning, provision of technical assistance,

training, catering, gardening, security, maintenance and other such

obligations of the supplier covered under the contract.

1.25 “Written” or “in writing” means handwritten in ink or any form of

electronic or mechanical writing.

2. Application 2.1 These general conditions are applicable to all bids, contracts and orders

including bids for functional and professional services, sales, hiring,

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

2.2 Where applicable, special conditions of contract are also laid down to

cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these

general conditions, the special conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser

shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for

documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the

also be applicable to any other enterprise or any partner, manager,

director or other person who wholly or partly exercises or exercised or

may exercise control over the enterprise of the first-mentioned person,

and with which enterprise or person the first-mentioned person, is or was

in the opinion of the Accounting Officer / Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working

days of such imposition, furnish the National Treasury, with the

following information:

(i) the name and address of the supplier and / or person restricted by the

purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database

of suppliers or persons prohibited from doing business with the public

sector.

23.7 If a court of law convicts a person of an offence as contemplated in

sections 12 or 13 of the Prevention and Combating of Corrupt Activities

Act, No. , the court may also rule that such person’s name be

endorsed on the Register for Tender Defaulters. When a person’s name

has been endorsed on the Register, the person will be prohibited from

doing business with the public sector for a period not less than five years

and not more than 10 years. The National Treasury is empowered to

determine the period of restriction and each case will be dealt with on its

own merits. According to section 32 of the Act the Register must be

open to the public. The Register can be perused on the National Treasury

website.

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are required, or antiand countervailing dumping or countervailing duties are imposed, or the amount of a

duties and rights provisional payment or anti-dumping or countervailing right is

increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of

any such increase. When, after the said date, such a provisional

payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the contractor to the

State or the State may deduct such amounts from moneys (if any)

which may otherwise be due to the contractor in regard to supplies or

services which he delivered or rendered, or is to deliver or render in

terms of the contract or any other contract or any other amount which

may be due to him

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

(f) “functionality” means the ability of a tenderer to provide goods or services in

3. Points awarded for price

3.1 The 80/20 or 90/10 preference point systems

A maximum of 80 or 90 points is allocated for price on the following basis

3. 80/20 or 90/10

Ps = Points scored for price of bid under consideration

4. Points awarded for b-bbee status level of contributor

4.1 In terms of NMISA SCM Policy, preference points must be awarded to a bidder for

B-BBEE Status Level of Number of points Number of points

Contributor (90/10 system) (80/20 system)

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must

6.1 B-BBEE Status Level of Contributor: . = .........(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table

Preference points claim form in terms of nmisa SCM policy

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

1.1 The following preference point systems are applicable to all bids

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

the 90/10 system for requirements with a Rand value above R50 000 000 (all

taxes included) and therefore the ...80/20........... preference point system shall be

b) Either the 80/20 or 90/10 preference point system will be applicable to this tender

1.3 Points for this bid shall be awarded for

1.4 The maximum points for this bid are allocated as follows

Total points for Price and B-BBEE must not 100

together with the bid, will be interpreted to mean that preference points for B-BBEE status