Implementation and fidelity study for etdp seta – b‑bbee affidavit requirement

Terms of reference for appointment of service provider or consultants/team to work with the

Seta on implementation evaluation of etdp seta programmes

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 COMPLIANCE SYSTEM PIN: CENTRAL COMPLIANCE SUPPLIER ORSTATUS DATABASE No: MAAA

Bidders must be tax compliant and registered on SARS/CSD. Must have valid B-BBEE status. Cannot be persons in service of the state or companies with directors/members in service of the state. Consortium/joint venture parties must each provide separate tax compliance documents.

B-BBEE STATUS TICK APPLICABLE BOX] B-BBEE STATUS LEVEL SWORN AFFIDAVIT [TICK APPLICABLE BOX] LEVEL VERIFICATION CERTIFICATE Yes No Yes No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

1.3. This bid is subject to the preferential procurement policy framework act, 2000 and the preferential procurement regulations, 2017, 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).

ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA Yes No FOR THE GOODS /SERVICES /WORKS OFFERED? [IF YES ENCLOSE PROOF] ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED? Yes No [IF YES, ANSWER THE QUESTIONNAIRE BELOW ] 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.

Seta on implementation evaluation of etdp seta programmes

Order to qualify for preference points for b-bbee]

Returnable Documents: The tender must include the completed SBD 6.1 Preference Points Claim Form. Failure to submit required proof or documentation to claim specific goal points will be interpreted as not claiming those points.

Documents required for verification of preference points:

• B-BBEE Certificate (issued by SANAS-accredited verification agencies) or Affidavit/CIPC B-BBEE Certificate.
• ID copy of Director/Owner.
• Medical report/Certificate for businesses owned by disabled persons.
• Sworn Affidavit.
• Company registration documents (issued by CIPC/Department of Social Development).
• Proof of municipal account for location-based claims.
• Declaration form must include:
• Company/firm name.
• Company registration number.
• Type of company/firm (select from listed options).
• Authorised signature, surname and name, date, and address.

Open to suitably qualified service providers. Eligibility for preference points requires proof of ownership structure (Black-owned, women-owned, youth-owned, disabled persons), business size (SMME/QSE/EME), and location (Gauteng province, South Africa). Must be a registered legal entity (company, close corporation, partnership, etc.).

Bidders must claim and substantiate preference points for specific goals to be considered. Required documentation includes:

• For Ownership (Goal 1):
• B-BBEE Certificate from a SANAS-accredited agency or Affidavit/CIPC B-BBEE Certificate.
• ID copy of Director/Owner.
• For businesses owned by disabled persons: Medical report/Certificate.
• For Economic Reconstruction and Recovery (Goal 2):
• For SMME/QSE/EME: B-BBEE Certificate, Sworn Affidavit, or CIPC B-BBEE Certificate and company registration documents.
• For Cooperatives/NPCs/NPOs/CBOs: Registration documents from CIPC or Department of Social Development.
• For location-based preferences: Proof of municipal account.
• General company information must be declared, including company name, registration number, and type.
• The organ of state reserves the right to verify any claims and may impose penalties for fraudulent claims, including disqualification, contract cancellation, recovery of damages, restriction from future business, and criminal prosecution.

Preference points are awarded for specific goals:

• Ownership (Goal 1, maximum 15 points):
• 100% Black-owned business: 8 points.
• At least 51% Black-owned business: 2 points.
• 100% Black women-owned business: 4 points.
• At least 51% Black women-owned business: 1 point.
• At least 51% Youth-owned business: 2 points.
• At least 51% Business owned by disabled persons: 1 point.
• Economic Reconstruction and Recovery (Goal 2, maximum 5 points):
• SMME/QSE/EME: 2 points.
• Cooperatives/NPCs/NPOs/CBOs: points not specified in extracted text.
• Promotion of business located in the province where goods/services are required: 2 points.
• Promotion of business located in South Africa: 1 point.
• Total points claimed for specific goals: 20.
• Points must be claimed and supported by proof; no points awarded if not claimed.

The tenderer must declare company details and acknowledge that:

• Submitted information is true and correct.
• Preference points claimed comply with the general conditions.
• The organ of state may require documentary proof to substantiate claims after award.
• Fraudulent claims or breach of conditions may lead to:
• Disqualification from the tendering process.
• Recovery of costs, losses, or damages.
• Contract cancellation and claim for damages.
• Recommendation to restrict the tenderer/contractor, its shareholders, and directors from doing business with any organ of state for up to 10 years.
• Criminal prosecution.

• This is a General Conditions of Contract document outlining standard terms for government bids.
• It includes a table of clauses covering definitions, application, standards, use of documents, patent rights, performance security, inspections, packing, delivery, insurance, transportation, and incidental services.
• The Special Conditions of Contract (SCC) for this specific bid will provide detailed scope and requirements.

• The Special Conditions of Contract (SCC) are specific to this bid and must be compiled separately. They supplement the General Conditions of Contract (GCC).
• In case of any conflict between the GCC and SCC, the SCC provisions will prevail.
• The GCC forms part of all bid documents and may not be amended.

Based on GCC provisions: must have tax matters in order (valid SARS tax clearance certificate); must not be listed on National Treasury's Register for Tender Defaulters or restricted supplier database; must be capable of providing performance security; must comply with South African law; foreign suppliers responsible for all external taxes/duties. Specific technical/functional eligibility criteria for the fidelity study are not detailed in this GCC annexure - would be in separate Special Conditions of Contract (SCC) or Terms of Reference.

• The scope involves conducting an implementation and fidelity study for the ETDP SETA programme.
• All goods and services supplied must conform to the standards mentioned in the bidding documents and specifications.
• The supplier must not disclose any contract documents, specifications, plans, or information provided by the purchaser without prior written consent.
• The purchaser has the right to inspect the supplier's records and have them audited.
• The supplier is responsible for indemnifying the purchaser against third-party claims of patent, trademark, or industrial design infringement.

• The supplier must not disclose or misuse contract documents and information without the purchaser's prior written consent.
• The purchaser may inspect the supplier's records and have them audited.

• The method and conditions of payment will be specified in the Special Conditions of Contract (SCC).
• The supplier must submit an invoice with a copy of the delivery note.
• The purchaser will make payments promptly, but no later than 30 days after invoice submission.
• Payment will be made in South African Rand (ZAR) unless otherwise stated in the SCC.
• Contract prices may not vary from the bid prices except as authorized in the SCC or a bid validity extension.

• No contract will be awarded to a bidder whose tax matters are not in order. A valid, original Tax Clearance Certificate from SARS is required prior to award.
• The National Industrial Participation (NIP) Programme applies to all contracts subject to the NIP obligation.
• Suppliers must comply with all applicable South African laws.
• The contract and all correspondence must be in English.

• General Application: These conditions apply to all bids, contracts, and orders for goods, services, and works, excluding immovable property.
• Special Conditions: SCCs cover specific supplies, services, or works and prevail over GCC in case of conflict.
• Costs: The purchaser is not liable for bid preparation costs. A non-refundable document fee may apply.
• Performance Security: The successful bidder must provide a performance security (bank guarantee, letter of credit, or certified cheque) within 30 days of award, as specified in the SCC.
• Inspections & Testing: Pre-bid testing is at the bidder's cost. The purchaser may inspect premises and supplies. Costs for compliant inspections are borne by the purchaser; for non-compliant, by the supplier.
• Delivery & Documents: Delivery terms and required documents are specified in the SCC.
• Warranty: Goods are warranted to be new, unused, and defect-free. Warranty period is 12 months from final delivery acceptance or 18 months from shipment, unless SCC states otherwise.
• Price & Payment: Prices are fixed as quoted. Payment terms are per SCC, with payments within 30 days of invoice.
• Contract Changes: No variations except by written amendment signed by both parties.
• Assignment & Subcontracting: Requires purchaser's prior written consent. Subcontracts must be notified.
• Delays & Penalties: Delays may incur penalties calculated using the prime interest rate. The purchaser may terminate or procure alternatives at the supplier's cost.
• Termination: The purchaser may terminate for default, corrupt/fraudulent practices, or insolvency. Restriction penalties (public sector ban up to 10 years) may apply.
• Force Majeure: Supplier not liable for delays due to unforeseeable events beyond their control.
• Dispute Resolution: Parties must attempt amicable resolution, then mediation, then South African courts.
• Liability: Supplier's liability is limited to the contract price, excluding indirect losses.
• Governing Law & Language: South African law applies. Contract and correspondence are in English.
• Taxes: Local suppliers responsible for taxes until delivery. Foreign suppliers responsible for taxes outside South Africa.
• NIP Programme: Applies if contract is subject to NIP obligation.

• Special Conditions of Contract (SCC) relevant to this bid must be compiled separately.
• The SCC supplements the General Conditions of Contract.
• Where there is a conflict between the GCC and SCC, the SCC provisions shall prevail.

• The tender is for the appointment of a service provider to conduct an implementation and fidelity study assessing programme delivery for the ETDP SETA.

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• The bidder must complete and submit the SBD4 Bidder’s Disclosure form as a returnable document.
• The form requires declarations regarding state employment, relationships with procuring institution officials, and interests in other enterprises.
• The bidder must certify that the bid was prepared independently without collusion or prior disclosure to competitors.
• False declarations will result in disqualification and may lead to legal action or restriction from public sector business.

• The SBD4 Bidder’s Disclosure form is a mandatory returnable document.
• The form requires declarations on: state employment of the bidder or its principals; relationships with officials of the procuring institution; interests in other related enterprises.
• The bidder must certify the bid’s independence, truthfulness of disclosures, and awareness of penalties for false declarations.

Bidder must not be listed on the Register for Tender Defaulters or List of Restricted Suppliers. Must submit a fully completed and truthful SBD4 declaration. Must demonstrate independence from competitors and the procuring institution in the bidding process.

• The service involves conducting an implementation and fidelity study to assess programme delivery for the ETDP SETA.
• Specific technical specifications or deliverables are not detailed in the provided document.

• Bidders must complete the SBD4 Bidder’s Disclosure form, certifying the information provided is true and complete.
• Bidders must declare any state employment, relationships with procuring institution officials, and interests in other enterprises.
• Bidders must confirm independence from competitors and non-involvement in drafting the bid specifications.
• False declarations may lead to disqualification, legal action, and restriction from public sector business.

• Bids will be assessed for compliance with anti-collusion declarations, including no arrangements with competitors on quality, quantity, specifications, or prices.

The document references 27 April 1994 in the context of B-BBEE definitions, but no tender-specific dates like closing, briefing, or clarification deadlines are provided.

No contact person, email, phone, department, or submission address is provided in the document.

Returnable Documents: The tender document includes a B-BBEE affidavit form that must be completed and submitted.

Enterprise must qualify as an Exempted Micro Enterprise (annual total revenue ≤ R10 million per latest financial statements). Must be able to declare Black ownership percentages per B-BBEE Act definitions. Must have capacity to conduct implementation and fidelity studies for SETA programmes.

The document is a B-BBEE affidavit form and does not contain technical specifications for the tender.

• B-BBEE Minimum Level: Level One.
• Bidders must submit a sworn affidavit for B-BBEE Exempted Micro Enterprises.
• The affidavit requires declaration of:

• Enterprise details (name, registration, address, entity type).
• Percentage Black Ownership, Black Female Ownership, and Black Designated Group Ownership.
• Breakdown of Black Designated Group ownership (Youth, Disabled, Unemployed, Rural, Military Veterans).
• Confirmation that annual total revenue is R10 million or less.
• Selection of B-BBEE level contributor (Level 1 for 100% Black Owned, Level 2 for ≥51% Black Owned, Level 4 for <51% Black Owned).

• The affidavit is valid for 12 months from the date signed by a commissioner.

• The tender requires a B-BBEE affidavit for Exempted Micro Enterprises.
• The affidavit must be completed by an authorised Member/Director/Owner.
• It requires declaration of:

• Enterprise details: name, trading name, registration number, VAT number, physical address, entity type, nature of business.
• Definitions of 'Black People' and 'Black Designated Groups' as per the B-BBEE Act.
• Percentages for Black Ownership, Black Female Ownership, and Black Designated Group Ownership.
• Breakdown of Black Designated Group ownership into Youth, Disabled, Unemployed, Rural, and Military Veterans categories.
• Confirmation that annual total revenue is R10 million or less.
• Selection of B-BBEE level contributor: Level 1 (100% Black Owned), Level 2 (≥51% Black Owned), or Level 4 (<51% Black Owned).

• The affidavit is valid for 12 months from the date signed by a commissioner.