RFQ 2572: review, rationalise and migrate minerals act regulations into the mine health and safety act framework

Closing date and time: stated in the RFQ document (not specified in extracted text). Validity period: 30 days from date of closure. Contract period: 5 months. Project duration: deliverables to be completed within 4 months of appointment.

Supply Chain Management – MHSC: [email protected] for clarifications. No other MHSC staff may be contacted regarding this tender.

Submit the completed RFQ response to MHSC before the closing date and time. Late submissions will be classified as LATE and not considered. The response must be fully completed and signed, with all required documents valid at submission. Bidders may not alter or add to the bid document content except to comply with MHSC instructions. No discussions with any enterprise until evaluation is complete. Returnable documents include: Invitation to Bid (SBD 1), Bidders' Disclosure (SBD 4), Preference Claim (SBD 6.1) with valid B-BBEE certificate or sworn affidavit, Pricing Schedule (SBD 3) completed in full, CSD registration proof, and SARS Tax Verification PIN. Bidders must not contact MHSC staff other than the officials indicated under SBD 1 or as mentioned under 'correspondences'.

Evaluation follows four phases. Phase 1: SCM compliance verification of returnable documents. Phase 2: Mandatory technical/functional requirements — must include at least one legally qualified professional with an LLB degree (certified copy of LLB and CV required). Phase 3: Technical/functional evaluation with a minimum threshold of 70%. Functionality criteria (total 100 points): Company experience (10), Reference letters (10), Team member experience in legislative/regulatory drafting (20), Team member qualification in law (10), Team member experience in mining engineering/mine health and safety (20), Qualifications in mining engineering or mine health and safety (10), Quality of project proposal (20). Phase 4: Price and specific goals evaluation — 80/20 preference point system. Price scored using formula Ps=80(1−(Pt−Pmin)/Pmin). Specific goals (max 20 points) claimed via SBD 6.1, supported by valid B-BBEE certificate or sworn affidavit. Award may be subject to price negotiations if prices are not market related.

The service provider must undertake a legal, technical and regulatory review of the remaining applicable health and safety-related regulations made under the Minerals Act that are still applicable within the current Mine Health and Safety Act (MHSA) framework, and develop a consolidated MHSA-aligned regulatory framework. Scope includes: project initiation; legal and technical review of Minerals Act regulations; regulatory mapping and gap analysis; development of a consolidated regulatory rationalisation framework with recommendations and justifications; technical engagement sessions and presentations to MHSC advisory structures (MRAC and LDC); drafting a consolidated MHSA-aligned regulatory package with explanatory notes. Deliverables: inception report; legal and technical review report; regulatory mapping and gap analysis matrix; regulatory rationalisation report; technical engagement and consultation report; draft consolidated MHSA-aligned regulatory package; final revised consolidated framework with comment-response matrix. The team must include at least one qualified legal professional with expertise in legislative analysis and drafting.

3.1 Inception report detailing the methodology, project plan, timelines, and technical engagement

approach.

3.2 Legal and technical review report on the remaining applicable health and safety-related Minerals

(Methodology, project 5 20

1. the regulatory review,

• The proposal sufficiently technical engagements, legal

addresses all the four analysis, regulatory mapping

requirements = 5 points and drafting process.

• The proposal does not address 2. The proposed methodology

all the four requirements = 0 must be practical, feasible,

points and aligned with the project

scope, timelines and

Note: Proposals that reproduce the technical engagement

scope of work text verbatim, requirements.

without interpreting or translating it 3. The proposal must

into a clear methodological sufficiently address all items

approach, will not be considered to of the project scope provided

have provided a valid methodology in the project terms of

and will be scored = 0 points. reference.

• Greater than 5 years’

experience in consulting in

legislative/regulatory drafting or

regulatory compliance-related EXPERIENCE OF THE SERVICE

work = 5 points PROVIDER / COLLABORATOR IN

• 5 years’ experience in CONSULTING IN

consulting in LEGISLATIVE/REGULATORY

legislative/regulatory drafting or DRAFTING OR REGULATORY

regulatory compliance-related COMPLIANCE-RELATED WORK

work = 3 points (COMPANY PROFILE STATING 5 10

• Less than 5 years’ experience NUMBER OF YEARS IN

= 0 points CONSULTING IN

Legislative/regulatory

No company profile attached or DRAFTING OR REGULATORY

number of years not included = 0 COMPLIANCE-RELATED WORK

points. CIPC registration

MUST BE ATTACHED)documentation will not be

accepted as proof of relevant

consulting experience. The

company profile must state the

number of years of relevant

consulting experience and

briefly describe the relevant

projects or services undertaken

Functionality criteria

Criteria 2: reference

Letters

• 5 or more reference letters that

meet all criteria as stipulated SIGNED AND VERIFIABLE

above = 5 points REFERENCE LETTERS ON VALID

• 4 reference letters that meet all LETTER HEADS WITH

criteria as stipulated above = 4 CONTACTABLE DETAILS FROM

points ORGANISATIONS WHERE

• 3 reference letters that meet all PREVIOUS RELATED

criteria as stipulated above = 3 CONSULTING IN

5 10

points LEGISLATIVE/REGULATORY

• Less than 3 reference letters DRAFTING OR REGULATORY

that meet all criteria as COMPLIANCE-RELATED WORK

stipulated above = 0 points WAS CONDUCTED BY THE

• No reference letter = 0 points SERVICE PROVIDER (ATTACH

Verifiable reference

Note: Letters that do not meet all LETTERS)

the criteria as stipulated above

will not be considered, and will

qualify for 0 points

Criteria 3: team member

Experience of at least one

Experience in legislative

Team member with a minimum

Or regulatory drafting

Of 10 years experience in

5 20

Legislative or regulatory

• More than 10 years’ experience

Drafting (cv stating

= 5 points

Number of years

• 10 years’ experience = 3 points

Functionality criteria

• Less than 10 years’ experience EXPERIENCE MUST BE

or no CV attached = 0 point ATTACHED)

Criteria 4: team member

Qualification in law

• Master’s degree or higher in

Law, with a specialisation or

demonstrable academic focus

Qualification of team

in legislative drafting, public or

Member in law (attach

administrative law, regulatory 5 10

Copies of the

law, mining law, occupational

Qualifications)

health and safety law = 5

points.

• Bachelor of Law (LLB) degree

= 2 points.

No LLB or higher degree in Law =

0 points.

A minimum of 10 years

Criteria 5 : team member

Experience in mining

Experience in mining

Engineering, mine health

Engineering, mine health

And safety, mining

And safety or mining

Operations or mining

Regulatory 5 20

Regulatory

Implementation experience

Implementation/developmen

Of at least one team

T (cv stating number of

Member

Years of experience must

Be attached)

Functionality criteria

• More than 10 years’

experience = 5 points

• 10 years’ experience = 3

points

• Less than 10 years’

experience = 0 points

No CV attached = 0 points

Criteria 6: qualifications

In mining engineering or

Mine health and safety

• Master’s Degree or above =

Qualification of team

5 points

Member in mining

• Honours degree = 3 points

Engineering or mine health 5 10

• Bachelor’s degree or

And safety (attach copies

equivalent qualification = 2

Of the qualifications)

points

• Less than Bachelor’s

degree or no qualification =

0 points

Criteria 7: quality of the

The project proposal must

Project proposal

Address the following

(Methodology, project 5 20

Four requirements:

Scope and project

Schedule)

Functionality criteria

1. the regulatory review,

• The proposal sufficiently technical engagements, legal

addresses all the four analysis, regulatory mapping

requirements = 5 points and drafting process.

• The proposal does not address 2. The proposed methodology

all the four requirements = 0 must be practical, feasible,

points and aligned with the project

scope, timelines and

Note: Proposals that reproduce the technical engagement

scope of work text verbatim, requirements.

without interpreting or translating it 3. The proposal must

into a clear methodological sufficiently address all items

approach, will not be considered to of the project scope provided

have provided a valid methodology in the project terms of

and will be scored = 0 points. reference.

4. The proposal must have a

project schedule comprising

all expected project

outcomes, clear timelines,

and costing.

(Attach project proposal

As per the provided

Proposal template)

Phase 4: Price and Specific Goals Evaluation

Pricing instructions

1. Applicable currency: All prices shall be quoted in South African Rand (R).

2. Completion of pricing schedule: Bidders shall complete the pricing schedule in full,

inserting all the information required therein.

3. Price Quotation Basis: total prices quoted must be inclusive of all applicable taxes

including VAT, less all unconditional discounts, plus all costs to deliver the services and/or

goods. Where imported goods/services are to be used, and pricing is subject to exchange

rate fluctuations, the exchange currency against the Rand must be stipulated, as well as

the exchange rate at the time of bidding. The portion of the bid price subject to exchange

rate fluctuations must be stated. Price changes whether because of CPI, PPI, industry

extensions or expansions will be allowed in terms of the signed contract by both parties.)

4. Submission of pricing: bidders must submit their pricing proposals with the technical

proposal. The pricing folder must be clearly labelled as such.

5. Validity Period: SBD 3 is valid for 30 days from date of closure of this RFQ

6. Payment terms: Payment will be made in accordance with Treasury Regulations

15.10.1.and 8.2.3 (within 30 days from receipt of invoice after completion of

deliverables).

PRICE SCHEDULE (SBD 3.1 Firm Unit Prices/SBD 3.2Non-Firm Unit Prices/SBD3.3

Professional Fees)

The following Schedule of Prices must be completed by the Tenderer. The total price must include

everything necessary to complete the terms of the Specifications or scope of work.

Total Cost is determined by multiplying quantity by unit price for all line items.

Quantity Description Unit price TOTAL Price Excl

Excluding VAT VAT

1 Project initiation R R

1 Legal and technical review of Minerals R R

Act regulations

1 Regulatory mapping and gap analysis R R

1 Development of a consolidated R R

regulatory rationalisation framework

outlining recommendations and

justifications

1 Technical engagement sessions and R R

presentations to MHSC advisory

structures

1 Draft consolidated MHSA-aligned R R

regulatory framework and supporting

documentation

1 Final revision and close out R R

presentation

SubTotal R

Excl VAT

Vat@15% r

Grand Total R

Incl VAT

TOTAL BID PRICE (VAT Inclusive): R..........................................................

Criteria 1: company

Experience

• Greater than 5 years’

experience in consulting in

legislative/regulatory drafting or

regulatory compliance-related EXPERIENCE OF THE SERVICE

work = 5 points PROVIDER / COLLABORATOR IN

• 5 years’ experience in CONSULTING IN

consulting in LEGISLATIVE/REGULATORY

legislative/regulatory drafting or DRAFTING OR REGULATORY

regulatory compliance-related COMPLIANCE-RELATED WORK

work = 3 points (COMPANY PROFILE STATING 5 10

• Less than 5 years’ experience NUMBER OF YEARS IN

= 0 points CONSULTING IN

number of years not included = 0 COMPLIANCE-RELATED WORK

points. CIPC registration

MUST BE ATTACHED)documentation will not be

accepted as proof of relevant

consulting experience. The

company profile must state the

number of years of relevant

consulting experience and

briefly describe the relevant

projects or services undertaken

Of 10 years experience in

5 20

• More than 10 years’ experience

Drafting (cv stating

= 5 points

• 10 years’ experience = 3 points

• Less than 10 years’ experience EXPERIENCE MUST BE

or no CV attached = 0 point ATTACHED)

Criteria 4: team member

• More than 10 years’

experience = 5 points

• 10 years’ experience = 3

points

• Less than 10 years’

experience = 0 points

No CV attached = 0 points

Criteria 6: qualifications

• A submission submitted in response to this RFQ will constitute a binding offer which will remain

binding and irrevocable for a period of thirty (30) days from the date of submission to the MHSC.

Bidders may not modify their initial pricing offer whilst the RFQ validity period is still in force. (RFQ

Validity Period: 30 days from date of closure)

• No service will be rendered, or goods delivered before an official MHSC Purchase Order has been

issued to the awarded bidder.

• It is the responsibility of the bidder to ensure that its response reaches MHSC on or before the

closing date and time of the RFQ.

• 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.

• There shall be no discussions with any enterprise until evaluation of the proposal has been

complete.

• RFQ’s received after closing time and date will be classified as LATE and will not be considered.
• With regards to pricing, where a bidder submits both a quote and SBD 3, should the total bid prices

differ, or calculation errors be identified, the one indicated on the SBD 3 pricing schedule shall be

considered the correct price.

• MHSC reserves the right to cancel this RFQ due to the following reasons:

a) Due to changed circumstances, there is no longer a need for the services specified in this

• The team must include at least one qualified legal professional with expertise in legislative

analysis and drafting.

• The service provider must complete all service-provider activities and deliverables within

four (4) months of appointment.

• Bidders may submit proposals as a consortium or multidisciplinary team, provided that the

combined team demonstrates the required legal, technical, mining and regulatory

competencies.

• The service provider may be required to attend additional technical engagements and

presentations with MHSC advisory structures as reasonably required during the project

duration.

2. Scope of work

• Bidders should ensure the points are

correctly claimed for the specific goals and

information is captured correctly and

information is true.

Pricing Schedule (SBD 3). The bidder must submit and attach to the RFQ

response fully completed pricing Schedule (SBD

3). Pricing schedules must be completed in full.

1. Applicable currency: All prices shall be quoted in South African Rand (R).

2. Completion of pricing schedule: Bidders shall complete the pricing schedule in full,

inserting all the information required therein.

3. Price Quotation Basis: total prices quoted must be inclusive of all applicable taxes

including VAT, less all unconditional discounts, plus all costs to deliver the services and/or

goods. Where imported goods/services are to be used, and pricing is subject to exchange

rate fluctuations, the exchange currency against the Rand must be stipulated, as well as

the exchange rate at the time of bidding. The portion of the bid price subject to exchange

rate fluctuations must be stated. Price changes whether because of CPI, PPI, industry

extensions or expansions will be allowed in terms of the signed contract by both parties.)

4. Submission of pricing: bidders must submit their pricing proposals with the technical

proposal. The pricing folder must be clearly labelled as such.

5. Validity Period: SBD 3 is valid for 30 days from date of closure of this RFQ

6. Payment terms: Payment will be made in accordance with Treasury Regulations

15.10.1.and 8.2.3 (within 30 days from receipt of invoice after completion of

deliverables).

PRICE SCHEDULE (SBD 3.1 Firm Unit Prices/SBD 3.2Non-Firm Unit Prices/SBD3.3

Professional Fees)

bid pricing requirements. Qualifying bids are ranked on price and specific goals points

claimed in the following manner:

(i) Price - with the lowest priced bid receiving the highest price score as set out in the Preferential

Procurement Regulations 2022.

(ii) Preference - preference points are allocated in accordance with the Preferential Procurement

Policy Framework Act (Act ) and its Regulations 2022 as claimed in the specific goals

claim form (SBD 6.1) are added to the price ranking scores. The points for specific goals must be

supported by a valid B-BBEE certificate or certified sworn affidavit.

A maximum of 80 points will be allocated for price on the following basis:

80/20

Pt−Pmin

Ps= 80(1− )

Pmin

Where;

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

A maximum of 20 points will be allocated for specific goals on the following basis:

• The tenderer must indicate how they claim points for each preference

point system in line with the specific goals of the RFQ as outlined in SBD

6.1.

1.4 Price negotiations

Prices quoted in South African Rand, inclusive of all applicable taxes including VAT, less all unconditional discounts, plus all costs to deliver services. Where imported goods/services are used, specify exchange currency and rate at time of bidding, and the portion of bid price subject to exchange rate fluctuations. Pricing schedule (SBD 3.1/3.2/3.3) must be completed in full; total cost determined by multiplying quantity by unit price. Pricing schedule line items: Project initiation; Legal and technical review of Minerals Act regulations; Regulatory mapping and gap analysis; Development of consolidated regulatory rationalisation framework; Technical engagement sessions and presentations; Draft consolidated MHSA-aligned regulatory framework; Final revision and close out presentation. VAT at 15%. Payment terms: within 30 days from receipt of invoice after completion of deliverables, per Treasury Regulations 15.10.1 and 8.2.3. Validity period: 30 days from closure. If both quote and SBD 3 submitted and totals differ, SBD 3 pricing schedule prevails.

CSD registration: Proof of registration on Central Supplier Database (CSD) of National Treasury required; only CSD-registered suppliers considered. Tax compliance: Proof of Tax Verification PIN from SARS or CSD supplier number; tax matters must be in order (Instruction Note /2018 Tax Compliance Status applies). B-BBEE: Valid B-BBEE certificate or certified sworn affidavit required to claim specific goals points via SBD 6.1. SBD 4 (Bidders' Disclosure) must be completed and signed. SBD 6.1 (Preference Claim Form) must be completed and signed. SBD 3 (Pricing Schedule) must be completed in full. Mandatory technical requirement: team must include at least one legally qualified professional with LLB degree (certified copy and CV required).

The minerals act (NO. ) regulations into the mine health and

Description safety act (NO. )

1.1 Overview

The Mine Health and Safety Council is a national public entity (Schedule 3A) established in terms of

the Mine Health and Safety Act, No , as amended.

safety legislation and research outcomes focused on improving and promoting occupational health

and safety in South African mines. The Council also oversees the activities of its committees;

promotes a culture of health and safety in the mining industry; arranges a summit every two years to

review the state of occupational health and safety at mines; and liaises with the Mining Qualifications

and regulatory review of the remaining applicable health and safety-related regulations made under

the Minerals Act and still applicable within the current MHSA framework, and to develop a

consolidated MHSA-aligned regulatory framework incorporating the migrated applicable Minerals

• Conduct a legal and technical review of the remaining applicable health and safety-related

regulations made under the Minerals Act and still applicable within the current MHSA framework

to identify overlaps, inconsistencies, and duplications with existing MHSA regulations.

• Produce a consolidated regulatory rationalisation report detailing provisions recommended for

repeal, amendment, revision, consolidation, retention, or migration into the MHSA framework.

• Produce a draft consolidated MHSA-aligned regulatory framework with supporting explanatory

notes and justifications.

1.1 Special Conditions: (if any)

• All deliverables and milestone reports shall be subject to review and written approval by the

• The service provider must be available to provide presentations to the MHSC’s advisory

committees, namely the Mining Regulations Advisory Committee (MRAC) and Legal

Drafting Committee (LDC);

• The service provider must demonstrate prior experience with legislative and regulatory

drafting, preferably within the mining, occupational health and safety, or public sector

context.

• The service provider must showcase a strong working knowledge of the Mine Health and

2.1 Project Initiation – Contracting, inception planning and methodology for execution of the project.

2.2 Conduct a legal and technical review of the remaining applicable health and safety-related

regulations made under the Minerals Act, including identification of overlaps, inconsistencies,

obsolete provisions, duplication, and regulatory gaps within the current MHSA framework.

2.3 Undertake a regulatory mapping and gap analysis exercise between the remaining applicable

structure, terminology and legislative framework of the Mine Health and Safety Act.

4.1 Minimum of 10 years’ experience in legislative or regulatory drafting, preferably within the mining,

occupational health and safety, engineering, environmental, or public regulatory sectors.

4.2 Minimum of 10 years’ experience in mining engineering, mine health and safety, mining

operations, or mining regulatory implementation.

4.3 Demonstrated experience in mining legislation, subordinate legislation, regulatory reform, or

statutory interpretation within the South African mining sector will be advantageous.

Note: In instances whereby team members resign or become unavailable during the project duration,

bidders must ensure that replacement resources possess the required qualifications and experience,

subject to approval by the MHSC.

law, mining law, occupational

Qualifications)

health and safety law = 5

points.

• Bachelor of Law (LLB) degree

= 2 points.

No LLB or higher degree in Law =

0 points.

A minimum of 10 years

Criteria 5 : team member

• Honours degree = 3 points

Engineering or mine health 5 10

• Bachelor’s degree or

And safety (attach copies

equivalent qualification = 2

Of the qualifications)

points

• Less than Bachelor’s

degree or no qualification =

0 points

Criteria 7: quality of the

prices are not market related. Under no circumstances will negotiation with any Bidders, constitute an

award or promise/ undertaking to award the contract.

1.5 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.

1.6 Occupational health and safety

Awarding of RFQ’s will not be published on the National Treasury e-tender portal or MHSC’ website.

• 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 RFQ

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 RFQ 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 their response reaches the MHSC on the stipulated date and time.

terms of section 59 of the Competition Act No and or may be reported to the National

Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting

business with the public sector for a period not exceeding ten (10) years in terms of the Prevention

and Combating of Corrupt Activities Act No or any other applicable legislation.

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

Special Conditions: All deliverables and milestone reports shall be subject to review and written approval by the MHSC prior to acceptance and progression to subsequent project phases. The service provider must be available to provide presentations to the MHSC’s advisory committees, namely the Mining Regulations Advisory Committee (MRAC) and Legal Drafting Committee (LDC). The service provider must demonstrate prior experience with legislative and regulatory drafting, preferably within the mining, occupational health and safety, or public sector context. The service provider must showcase a strong working knowledge of the Mine Health and Safety Act. The team must include at least one qualified legal professional with expertise in legislative analysis and drafting. The service provider must complete all service-provider activities and deliverables within four (4) months of appointment. Bidders may submit proposals as a consortium or multidisciplinary team, provided that the combined team demonstrates the required legal, technical, mining and regulatory competencies. The service provider may be required to attend additional technical engagements and presentations with MHSC advisory structures as reasonably required during the project duration.

Pt−Pmin

Ps= 80(1− )

Pmin

Where;

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

A maximum of 20 points will be allocated for specific goals on the following basis:

• The tenderer must indicate how they claim points for each preference

point system in line with the specific goals of the RFQ as outlined in SBD

6.1.

1.4 Price negotiations

The award of this RFQ may be subject to price negotiations where there are opportunities where

prices are not market related. Under no circumstances will negotiation with any Bidders, constitute an

award or promise/ undertaking to award the contract.

1.5 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.

1.6 Occupational health and safety

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.

1.7 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.

General conditions of contract (gcc)

In accordance with the Framework for Supply Chain Management [Section 76 (4) (c) of the PFMA] that

was promulgated in Government Gazette Number 25767 on 5 December 2003 as Treasury

Regulations, National Treasury is required to issue general conditions of contract and bid

documentation for supply chain management.

This Request for Quotation and any contract emanating from this Request for Quotation are subject to

the General Conditions of Contract (GCC) which were revised in July 2010.

The General Conditions of Contract (GCC) revised and issued by National Treasury in July 2010 are

available on the website of National Treasury.

http://ocpo.treasury.gov.za/Resource_Centre/Legislation/General%20Conditions%20of%20Contract-

%20Inclusion%20of%20par%2034%20CIBD.pdf

The SBD 7 contract form will be required, where applicable, from the recommended bidder

upon award.

Due diligence

The MHSC reserves the right to conduct supplier due diligence prior to final award

or at any time during the contract period. This may include site visits, reference checks and requests

for additional information. The MHSC may where applicable request samples from the bidder/s to

confirm capability.

RFQ award

Awarding of RFQ’s will not be published on the National Treasury e-tender portal or MHSC’ website.

No regret letters will be sent out. An RFQ is considered awarded when an official purchase order as

signed by the delegated authority of the MSC is issued to the service provider. Goods may be delivered,

or services may be rendered only with an official purchase order as signed and issued by the MHSC.

Reasons for disqualification

MHSC reserves the right to disqualify any bidders who do not comply with one or more of the following

RFQ 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 RFQ

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 RFQ 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 their response reaches the MHSC on the stipulated date and time.

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.

Full Name Identity Number Name of State

institution

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.

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:

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

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

Pt−Pmin

Ps= 80(1− )

Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. Formulae for disposal or leasing of state assets and income generating

Procurement

3.2.1. Points awarded for price

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

Pt−Pmax

Ps= 80(1+ )

Pmax

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

4. Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,

preference points must be awarded for specific goals stated in the tender. For the purposes of this

tender the tenderer will be allocated points based on the goals stated in table 1 below as may be

supported by proof/ documentation stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that,

if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of state must,

in the tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10

preference point system will apply and that the highest acceptable tender will be used to

determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will

apply and that the lowest acceptable tender will be used to determine the applicable

preference point system,

then the organ of state must indicate the points allocated for specific goals for both the 90/10 and

80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable,

corresponding points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each preference point

system.)

Number of points Number of points

allocated allocated Number of points

The specific claimed (80/20 system) (example)

goals allocated

(80/20 system) points in terms of (To be completed

this tender by the organ of (To be completed by

state) the tenderer)

Total Points: 10

Black owned 100% black

enterprises ownership = 10 For example, if the

bidder’s Black “enterprises owned 76% to 99% black

Ownership is by black people”. ownership = 8

between 61% and Persons

61% to 75% black 75%, it will historically

ownership = 6 score/claim 6 points disadvantaged on

for 80/20 the basis of race: 41% to 60% black

ownership = 4

20% to 40% black

ownership = 2