"Specifications” the appointment of a service provider for the supply, delivery of 60a 3 phase silent diesel generator (including ats GKSD-68) in van wyksvlei NO description quantity unit price value 1. 60A 3 phase silent 1 diesel generator (including ats gksd- 68) schedule 1 specification of products offerred a. Detailed proposal of products (performance obligations) offered schedule 2 proof of registration on national treasury’s central supplier’s database(csd) & tax clearance certicate/ tax pin number (mbd 2) schedule 3 determination and outlining of fees/ pricing schedule the appointment of a service provider for the supply, delivery of 60a 3 phase silent diesel generator (including ats GKSD-68) in van wyksvlei description quantity unit price amount (excl of VAT) 1. 60A 3 phase silent diesel 1 generator (including ats GKSD-68) subtotal (exclusive of VAT) VAT @ 15% total (inclusive of VAT) schedule 4 declaration of interest (mbd4) mbd 4 declaration of interest 1. NO bid will be accepted from persons in the service of the state1. 2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, IT is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority. 3 in order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 3.1 Full name of bidder or his or her representative:............................................. 3.2 Identity number: ........................................................................ 3.3 Position occupied in the company (director, trustee, hareholder2):.......... 3.4 Company registration number: .................................................................. 3.5 Tax reference number:................................................................ 3.6 VAT registration number: ........................................................................ 3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below. 3.8 Are you presently in the service of the state? Yes / NO 3.8.1 If yes, furnish particulars. ................................................................ .................................................................................... 1Mscm regulations: “in the service of the state” means to be – (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national assembly or the national council of provinces; (b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the public finance management act, 1999 (act NO.); (e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of parliament or a provincial legislature. 2 shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company. 3.9 Have you been in the service of the state for the past twelve months? Yes / NO 3.9.1 If yes, furnish particulars................................................................ ............................................................................................. 3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? ........................ Yes / NO 3.10.1 If yes, furnish particulars. .......................................................................................... .......................................................................................... 3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? Yes / NO 3.11.1 If yes, furnish particulars ................................................................................. ............................................................................................. 3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? Yes / NO 3.12.1 If yes, furnish particulars. .............................................................................. .............................................................................. 3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders in service of the state? Yes / NO 3.13.1 If yes, furnish particulars. .............................................................................. .............................................................................. 3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract. Yes / NO 3.14.1 If yes, furnish particulars: ........................................................................... ........................................................................... 4. Full details of directors / trustees / members / shareholders. Full name identity number state employee number ........................... .............................. Signature date ........................... ............................................. Capacity name of bidder schedule 5 preference points claim form (mbd 6.1) And b-bbee certificate issued mbd 6.1 Preference points claim form in terms of the preferential procurement regulations 2017 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 nb: before completing this form, bidders must study the general conditions, definitions and directives applicable in respect of b-bbee, as prescribed in the preferential procurement regulations, 2017. 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). A) the 80/20 preference point system will be applicable to this formal written price quotations in terms of “request for quotations (RFQ)” since the amount from r30 001 to r300 000 is applicable. 1.2 Points for this bid shall be awarded for: (a) price; and (b) b-bbee status level of contributor. 1.3 The maximum points for this bid are allocated as follows: points price 80 prefference points 20 b-bbee status level of contributor (10) plus locality points (10) -within kareeberg municipal area (7 points) -within the northern cape (3 points) total points for price and b-bbee must not exceed 100 1.4 Failure on the part of a bidder to submit proof of b-bbee status level of contributor together with the bid, will be interpreted to mean that preference points for b-bbee status level of contribution are not claimed. 1.5 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. Definitions (a) “b-bbee” means broad-based black economic empowerment as defined in section 1 of the broad-based black economic empowerment act; (b) “b-bbee status level of contributor” means the b-bbee status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the broad-based black economic empowerment act; (c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals; (d) “broad-based black economic empowerment act” means the broad-based black economic empowerment act, 2003 (act NO. ); (e) “eme” means an exempted micro enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the broad- based black economic empowerment act; (f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents. (G) “prices” includes all applicable taxes less all unconditional discounts; (h) “proof of b-bbee status level of contributor” means: b-bbee status level certificate issued by an authorized body or person; 1) a sworn affidavit as prescribed by the b-bbee codes of good practice; 2) any other requirement prescribed in terms of the b-bbee act; (i) “qse” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the broad-based black economic empowerment act; (j) “rand value” means the total estimated value of a contract in rand, calculated at the time of bid invitation, and includes all applicable taxes; 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: 80/20 or 90/10 pt − p min pt − p min ps = 801 − or ps = 90 1 − p min p min where ps = points scored for price of bid under consideration pt = price of bid under consideration pmin = price of lowest acceptable bid 4. Points awarded for b-bbee status level of contributor 4.1 In terms of regulation 6 (2) and 7 (2) of the preferential procurement regulations, preference points must be awarded to a bidder for attaining the b-bbee status level of contribution in accordance with the table below: number of points (80/20 system) where b-bbee status level of 10 points will be contributor awarded for b-bbee status level of contribution 1 10 2 9 3 6 4 5 5 4 6 3 7 2 8 1 non-compliant 0 contributor 4.2 Locality points total of ten points will be awarded to business registered in kareeberg municipal area, if bidder is located/situated in the northern cape province only 3 points be awarded to bidder. 5. Bid declaration 5.1 Bidders who claim points in respect of b-bbee status level of contribution must complete the following: 6. B-bbee status level of contributor claimed in terms of paragraphs 1.4 And 4.1 6.1 B-bbee status level of contributor: . = .........(maximum Of 10 points) (points claimed must be in accordance with the table reflected in paragraph 4.1 And must be substantiated by relevant proof of b-bbee status level of contributor. 6.2 Municipal information municipality where business is situated: ....................................... Registered account number: .................. Stand number:.......................................... 6.3 Total number of years the company/firm has been in business:................................. 6.4 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 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. Mbd 6.1 Preference points claim form in terms of the preferential procurement regulations 2011 witnesses .............................................. 1. ............................................ Signature(s) of bidders(s) 2. ........................................... Date 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 nb: before completing this form, bidders must study the general conditions, definitions and directives applicable in respect of b-bbee, as prescribed in the preferential procurement regulations, 2011. 7. General conditions 7.1 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 7.2 The value of this bid is estimated to exceed/not exceed r50 000 000 (all applicable taxes included) and therefore the 80/20 system shall be applicable. 7.3 Preference points for this bid shall be awarded for: (c) price; and (d) b-bbee status level of contribution. 9.3.1 The maximum points for this bid are allocated as follows: points 9.3.1.1 Price 80 9.3.1.2 Prefference points 20 total points for price and b-bbee must not exceed 100 9.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a b-bbee verification certificate from a verification agency accredited by the south african accreditation system (sanas) or a registered auditor approved by the independent regulatory board of auditors (irba) or an accounting officer as contemplated in the close corporation act (cca) together with the bid, will be interpreted to mean that preference points for b-bbee status level of contribution are not claimed. 9.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 9.6 Bidder must include a certified sworn affidavit of the b-bbee exempted micro enterprise, failure to include the certified sworn affidavit, the bidder will not score any b-bbee points. 10. Definitions 10.1 “All applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 10.2 “B-bbee” means broad-based black economic empowerment as defined in section 1 of the broad-based black economic empowerment act; 10.3 “B-bbee status level of contributor” means the b-bbee status received by a measured entity based on its overall performance using the relevant scorecard contained in the codes of good practice on black economic empowerment, issued in terms of section 9(1) of the broad- based black economic empowerment act; 10.4 “Bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 10.5 “Broad-based black economic empowerment act” means the broad-based black economic empowerment act, 2003 (act NO. ); 10.6 “Comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 10.7 “Consortium or joint venture” 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; 10.8 “Contract” means the agreement that results from the acceptance of a bid by an organ of state; 10.9 “Eme” means any enterprise with an annual total revenue of r5 million or less . 10.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; 10.11 “Functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; 10.12 “Non-firm prices” means all prices other than “firm” prices; 10.13 “Person” includes a juristic person; 10.14 “Rand value” means the total estimated value of a contract in south african currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties; 10.15 “Sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; 10.16 “Total revenue” bears the same meaning assigned to this expression in the codes of good practice on black economic empowerment, issued in terms of section 9(1) of the broad-based black economic empowerment act and promulgated in the government gazette on 9 february 2007; 10.17 “Trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 10.18 “Trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 11. Adjudication using a point system 11.1 The bidder obtaining the highest number of total points will be awarded the contract. 11.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;. 11.3 Points scored must be rounded off to the nearest 2 decimal places. 11.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for b-bbee. 11.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for b-bbee, the successful bid must be the one scoring the highest score for functionality. 11.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.