Independent pmo consultant to review and optimise the railway safety regulator's project management office

Returnable form

• SBD 6.1 (Preference Points Claim Form): claims preference points for specific goals and certifies the claim is true; false or fraudulent claims may lead to disqualification, cost recovery, contract cancellation, restriction from state business for up to 10 years and criminal referral.

Claim requirements

• Points for specific goals are only awarded if the claim is supported by the proof or documentation required in the tender conditions.
• A claim without supporting proof is treated as no claim for specific goals.
• The organ of state may require substantiation of any claim before adjudication or at any later stage.

Preference point system

• 80/20 system applies: 80 points for price and 20 points for specific goals, out of 100.
• The 90/10 system is not applicable to this tender.

Specific goals (20 points)

• EME or QSE at least 51% owned by black people: 10 points.
• EME or QSE at least 51% owned by black women: 5 points.
• EME or QSE at least 51% owned by youth: 3 points.
• EME or QSE at least 51% owned by persons with disabilities: 2 points.

Price scoring

• Price points are calculated against the lowest acceptable tender received.

B-BBEE and ownership

• Preference points are claimed only by EMEs or QSEs meeting the stated 51% ownership thresholds for black people, black women, youth or persons with disabilities.
• Each claim must be backed by the proof or documentation required in the tender conditions.

Returnable form

• SBD 6.1 (Preference Points Claim Form): records the company details, the specific goals claimed and a certification that the claim is true and correct.

Returnable document

• SBD 4 (Bidder's Disclosure): declares whether any director, shareholder, member or controlling person is employed by the state, is connected to an employee of the procuring institution, or holds an interest in another related enterprise. It must be completed, signed and dated; a false or incomplete disclosure disqualifies the bid.

Disqualification risks

• A bidder or any of its directors, trustees, shareholders, members or partners listed on the Register for Tender Defaulters or the List of Restricted Suppliers is automatically excluded.
• A disclosure found not to be true and complete in every respect disqualifies the bid.
• Suspicious bids may be referred to the Competition Commission and the National Prosecuting Authority, and the bidder may be barred from public-sector business for up to ten years.

Eligibility screening

• Bidders appearing on the Register for Tender Defaulters or the List of Restricted Suppliers are excluded before evaluation.
• The signed SBD 4 disclosure is a precondition; an untrue or incomplete declaration disqualifies the bid.

Note

• No scoring formula, preference point system (80/20 or 90/10) or minimum qualifying score is stated in this document.

Mandatory declarations

• SBD 4 (Bidder's Disclosure): must be completed and signed, covering state employment of directors or controlling persons, relationships with employees of the procuring institution, and interests in other related enterprises.
• The bidder must confirm the bid was prepared independently, without consultation or price disclosure to competitors, and without improper contact with officials of the procuring institution.

Exclusion

• Listing on the Register for Tender Defaulters or the List of Restricted Suppliers bars the bidder from the process.

Standards

• Goods supplied must conform to the standards stated in the bidding documents and specifications.

Inspection and testing

• Pre-bid testing is at the bidder's cost.
• Where inspection is a bid condition, the bidder's premises must be open at reasonable hours for inspection by the department or its representative.
• If inspections are introduced during the contract, the purchaser arranges and pays for them.
• If inspection shows compliance, the purchaser bears the cost; if not, the supplier bears the cost.
• Non-compliant supplies or services may be rejected.
• Rejected supplies are held at the supplier's cost and risk and must be removed and replaced at the supplier's cost.
• If the supplier fails to replace rejected supplies, the purchaser may buy replacements at the supplier's expense.

Warranty

• Goods must be new, unused, of the current model and free of defects in design, materials and workmanship, except where the purchaser's specifications cause the defect.
• The warranty runs for 12 months after delivery and acceptance, or 18 months after shipment from the source country, whichever ends first, unless the Special Conditions of Contract state otherwise.
• The supplier must repair or replace defective goods at its own cost within the period set in the Special Conditions of Contract.
• If the supplier fails to remedy a defect, the purchaser may do so at the supplier's risk and expense.

Records and audit

• The purchaser may inspect and audit the supplier's records relating to contract performance.

Performance security

• The successful bidder must furnish a performance security within 30 days of receiving the contract award notification.
• The amount is set in the Special Conditions of Contract.
• Acceptable forms: a bank guarantee or irrevocable letter of credit from a reputable bank, or a cashier's or certified cheque.
• The security is held as compensation for loss if the supplier fails to meet its obligations.
• It is released within 30 days after the supplier completes all obligations, including warranty obligations, unless the Special Conditions of Contract state otherwise.

Payment

• Invoices must be accompanied by a copy of the delivery note and any other documents required by the contract.
• Payment is due within 30 days of invoice or claim submission.
• Payment is made in Rand unless the Special Conditions of Contract state otherwise.

Pricing

• Quoted prices are fixed for the contract duration, except for adjustments authorised in the Special Conditions of Contract or in a bid validity extension request.
• Incidental service rates not included in the contract price must be agreed in advance and may not exceed the supplier's prevailing rates to other clients.

Penalties

• Late delivery or non-performance attracts a penalty calculated on the delivered price of the delayed goods or unperformed services, at the current prime interest rate for each day of delay.
• The purchaser may also terminate the contract for default.

Tax compliance

• No contract will be awarded to a bidder whose tax matters are not in order.
• An original tax clearance certificate issued by the South African Revenue Service must be submitted before award.

Contractor obligations

• The supplier must indemnify the purchaser against third-party claims of patent, trademark or industrial design infringement arising from use of the goods.
• The supplier may not disclose contract documents or information without the purchaser's prior written consent.
• The purchaser may inspect and audit the supplier's records relating to contract performance.
• Subcontracts must be notified to the purchaser in writing; notification does not relieve the supplier of liability.
• The supplier may not assign its obligations without the purchaser's prior written consent.
• The contract may only be amended by a written amendment signed by both parties.

Restriction for corrupt or fraudulent practices

• Termination for default may be followed by a restriction from doing business with the public sector for up to 10 years.
• The supplier has 14 days to give reasons why a proposed restriction should not be imposed.
• A court conviction under sections 12 or 13 of the Prevention and Combating of Corrupt Activities Act may lead to listing on the Register for Tender Defaulters for 5 to 10 years.

Contract term and variation

• The contract may only be varied by a written amendment signed by both parties.
• The supplier may not assign its obligations without the purchaser's prior written consent.
• Subcontracts must be disclosed in writing; disclosure does not reduce the supplier's liability.

Delivery and delays

• Goods and services must be delivered or performed on the schedule set by the purchaser.
• The supplier must notify the purchaser in writing of any delay, its expected duration and its cause.
• The purchaser may extend the delivery period, with or without penalties, by written amendment.
• The purchaser may procure small quantities or essential services outside the contract in an emergency.

Penalties

• Late delivery or non-performance attracts a penalty at the current prime interest rate, calculated daily on the delivered price of the delayed goods or unperformed services, until actual delivery or performance.

Termination

• The purchaser may terminate for failure to deliver, failure to meet any other obligation, or corrupt or fraudulent practices.
• On termination the purchaser may procure similar goods or services elsewhere and recover any excess cost from the supplier.
• Termination may be followed by a restriction from public-sector business for up to 10 years.
• The purchaser may terminate without compensation if the supplier becomes bankrupt or insolvent.

Force majeure

• The supplier is not liable for delays or non-performance caused by an unforeseeable event beyond its control, such as war, fire, flood, epidemic, quarantine or freight embargo.
• The supplier must notify the purchaser in writing and continue performance as far as reasonably possible.

Disputes

• The parties must first attempt to resolve any dispute amicably.
• If unresolved after 30 days, either party may give notice of intention to mediate.
• If mediation fails, the dispute may be taken to a South African court.
• Both parties must continue performing their obligations and the purchaser must pay amounts due while a dispute is under way.

Liability

• The supplier is not liable for indirect or consequential loss, loss of use, loss of production, loss of profit or interest costs, except for penalties and damages owed to the purchaser.
• The supplier's total liability is capped at the contract price, except for the cost of repairing or replacing defective equipment.

Governing law and notices

• The contract is written in English and interpreted under South African law unless the Special Conditions of Contract state otherwise.
• Written acceptance of a bid is sent by registered or certified mail; other notices by ordinary mail to the address in the bid.
• Time periods for performing any act run from the date the notice is posted.

Taxes and duties

• A foreign supplier is responsible for all taxes, stamp duties, licence fees and levies imposed outside South Africa.
• A local supplier is responsible for all taxes, duties and licence fees incurred up to delivery.
• No contract is concluded with a bidder whose tax matters are not in order; an original SARS tax clearance certificate is required before award.

National Industrial Participation Programme

• The NIP Programme administered by the Department of Trade and Industry applies to contracts subject to the NIP obligation.