Recruitment advertising services in print media – 5-Year tender, western cape government

Bid response documents may be deposited in the bid box situated at (street address)

Western Cape Government Building 4 Dorp Street Cape Town (next to the Cape High Court)

Bidding procedure enquiries may be directed to technical enquiries may be directed to:

CONTACT PERSON Ms Shamsonisa Davids CONTACT PERSON Ms Sanet – Uys Adams

Telephone telephone

Number 021 483 6271 number 021 483 4340

Facsimile

Facsimile number n/a number n/a

[email protected]

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS

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 central

Compliance system pin: supplier

And

Status database

No: MAAA

B-bbee status [tick applicable box] b-bbee status level [tick applicable box]

Level sworn affidavit

VERIFICATION Yes No Yes No

SECTION 12 – Estimated quantities and ordering restrictions

12.1 The Department shall not be restricted to minimum quantity orders.

12.2 The quantities required for the purpose of this bid are not guaranteed and will

be determined solely by the requirements of the Department.

SECTION 13 - Confidentiality

13.1 No material or information derived from the bid submission or the provision of

the services under the contract may be used for any purposes other than those

of the Department, except where authorized by the Department, in writing to

do so.

13.2 Copyright of all documents and electronic aids, software projects prepared or

developed in terms of this appointment shall vest in the Department of Health

and Wellness, Western Cape Government.

13.3 The service-provider shall not, during the term of the agreement and thereafter,

without the prior written consent of the Department, disclose any information

relating to the Department and the service, to anyone other than persons

connected to the Department and/or service provider and who are required or

authorised to have access to such information.

13.4 For purposes of this clause "Confidential Information" shall mean –

(i) Any information disclosed, revealed or exchanged and which pertains to,

but is not limited to, all intellectual property rights and all agreements

(whether in writing or not) which exists at the time of revealing the content

thereof to the service-provider, the content of all possible future

agreements which may be entered into with any other party, all

knowledge obtained through research and development, irrespective of

whether the aforementioned information that is revealed is applicable to

technical, operational or financial aspects of the Department,

government in any other sphere, or any government institution or organ of

state;

ii) Any information of whatever nature, which has been or may be obtained

by the service-provider, whether in writing or in electronic form or pursuant

to discussions between the parties, or which can be obtained by

examination, testing, visual inspection or analysis, including, without

limitation, business or financial data or information, formulae, processes,

designs, sketches, photographs, plans, drawings, specifications, sample

reports, models, computer software, inventions or any ideas;

(iii)Analyses, concepts, compilations, studies and other material prepared by or

in possession or control of the service-provider which contain or otherwise reflect

or are generated from any such information as is specified in this definition;

(iv) All information which a third party has in terms of any agreement made

available to the Department and which has become known to the service-

provider in the course of rendering the services; and

(v) Any dispute between the parties resulting from this agreement.

The service-provider shall –

(i) Use the confidential information only for the purpose of rendering the

13.5 services;

(ii) Safeguard the confidential information as private; and

(iii) ensure proper and secure storage of all confidential information.

13.6 Any documents or records (including written instructions, notes or

memoranda) relating to the services which shall be provided to the

service-provider or which come into the service-provider's possession

during the term of this contract, are considered the property of the

Department and shall be surrendered to the Department on demand, and

in the event of the expiry or termination of this agreement, the serv-provider

will not retain any copies thereof or extracts therefrom without obtaining

SECTION 13 – Confidentiality (continued)

the prior written permission of the Department.

13.7 The service-provider-

(i) acknowledges that it has carefully considered the provisions of the clause;

(ii) agrees that this clause is, after taking all relevant circumstances into

account, reasonable and necessary for the proper protection of the

interests of the Department and the Government of the Republic of South

Africa and that if it should at any time dispute the reasonableness of this

clause, then the onus of proving such unreasonableness shall be on the

service-provider; and

(iii) acknowledges that it has entered into this agreement freely and voluntarily

and that no circumstances exist and/or existed for it alleging, either now or

at any future time, that it was at a disadvantage in agreeing to the

provisions set out in this clause, or was not in an equal bargaining position

with the Department in agreeing thereto.

(iv) The rights and obligations afforded to the Department in terms of this clause

shall apply mutatis mutandis to the service-provider’s confidential

information.

SECTION 14 – Ownership of information

(i) All information pertaining to the project and Department is confidential

and shall not be divulged to anyone except the officials of the Department

authorised to receive such information.

(ii) The information gathered during the course of providing the service is the

property of the Department. It shall be provided to the Department in the

process of monthly reporting and at the request of the Department on an

ad hoc basis.

(iii) At the end of the contract all the information reverts to the Department

both in hard copy and electronic format. The Service Level Agreement will

further detail the rights to such information.

Pricing schedule (services)

Bid wcghsc 0389/2026: application to advertise vacant posts in the print mediat (recruitement advertising

Services) on behalf of the department of health and wellness, westerncape government for a period of

Five years.

Name of bidder____________________________________

Bid number: wcghsc 0389/2026

Closing time: friday, 02 october 2026 @11:00

Offers shall be valid for 120 das from the closing date of bid

Item estimated description of service bid price

Quantities

1 800 Per Annum PROVISION OF MEDIA RECRUITMENT Price as commission equivalent %

Advertising services:

Management and booking of

recruitment advertising required for

all media houses. The recruitment

advertising agency will be responsible

for -

(ii) the placement of advertisements 1st year 2nd year 3rd year 4th year 5th year

(iii) most suitable media practices

analysis

Please provide your estimated gross

media billing for placement as a bid

price inclusive of all taxes, expressed

as a commission equivalent

percentage.

Important: the questionnaire below must be completed in full by replying to each and every question.

A. Does the offer comply with specification? Please circle your option. YES/NO

B. If not to specification, please indicate deviation(s). ...............................................

C. Are the prices firm for the duration of the contract? Please circle your option. YES/NO

Example list of publication titles

1 Cape Times Career Times 49 People's Post Link

2 Cape Argus Workplace 50 People's Post Athlone

3 Weekend Argus Sat/Sun Workplace 51 People's Post Atlantic Sea-Board / City Edition

4 Daily Voice 52 People's Post Claremont/Rondebosch

5 Athlone News 53 People's Post Constantia/Wynberg

6 Atlantic Sun 54 People's Post False Bay

7 The Cape Towner 55 People's Post Grassy Park

8 Constantiaberg Bulletin 56 People's Post Lansdowne

9 False Bay Echo 57 People's Post Mitchell's Plain

10 Bolander 58 People's Post Retreat

11 Plainsman 59 People's Post Woodstock/Maitland

12 Sentinel News 60 Tygerburger Link

13 Southern Mail 61 Tygerburger Bellville

14 Southern Suburbs Tatler 62 Tygerburger Brackenfell

15 Tabletalk 63 Tygerburger Durbanville

16 Tygertalk (Goodwood/Parow Edition) 64 Tygerburger Eerste River

17 Tygertalk (Bellville/Durbanville Edition) 65 Tygerburger Elsies River

18 Vukani 66 Tygerburger Goodwood

19 Sunday Times - Money & Careers 67 Tygerburger Kraaifontein

20 Sowetan Job Market and/or Sunday World JM 68 Tygerburger Kuilsrivier

21 Mail & Guardian 69 Tygerburger Milnerton

22 CXPress Vacancy and Auction 70 Tygerburger Parow

23 George Herald 71 Tygerburger Ravensmead/Belhar

24 George Mini Ads News 72 Tygerburger Tableview

25 Graaff Reinet Advertiser & Karoonuus/News 73 Die Hoorn

26 Knysna Plett Herald 74 District Mail - Vacancies

27 Mossel Bay Advertiser 75 Eikestadnuus - Vacancies

28 Oudtshoorn Courant 76 Gazette Breederivier - Vacancies

29 South Cape Forum 77 Gazette Drakenstein

30 Die Herrie 78 Gazette Helderberg

31 Ons Kontrei 79 Gazette Stellenbosch - Vacancies

32 aufort West Courier 80 Gazette Swartland

33 Swartland & Weskus Courant 81 Gazette Theewaterskloof - Vacancies

34 Northern Bulletin 82 Hermanus Times - Vacancies

35 Suidernuus/Southern Post 83 Paarl Post - Vacancies

36 Witzenberg Herald 84 Weskusnuus - Vacancies

37 The Courier 85 Weslander

38 Die Burger Saterdag Talent 86 Worcester Standard - Vacancies

39 Son Op Sondag 87 Langeberg Bulletin

40 Die Son Wes 88 SA Medical Journal (Quarter Page)

41 Die Beeld 89 IA Advisor (Quarter Page)

42 City Press - Careers 90 Business Day

43 Rapport - Loopbane 91 Financial Mail

44 Careers/Loopbane (City Press & Rapport) Eng/both 92 Construction Insight Magazine - Quarter Careers/Loopbane (City Press & Rapport) Eng/Afr 93 Institute of Risk Management South Africa

46 City Vision Link 94 Breede Forum

47 City Vision Khayelitsha - Vacancies 95 Prince Albert Friend

Various Internet/Digital Advertising platforms

48 City Vision Lagunya - Vacancies 96

as required

Provincial government western cape

Declaration of interests, service providers past SCM practices and independent bid

Determination

1. To give effect to the requirements of the Western Cape Provincial Treasury Instructions, 2019: Supply

Chain Management (Goods and Services), Public Finance Manage Act (PFMA) Supply Chain

Management (SCM) Instruction No. /2022 - SBD 4 Declaration of Interest, Section 4 (1)(b)(iii)

of the Competition Act No. as amended together with its associated regulations, the

Prevention and Combating of Corrupt Activities Act No and regulations pertaining to the

tender defaulters register, Paragraph 16A9 of the National Treasury Regulations and/or any other

applicable legislation.

2. 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 Service Provider to make this declaration in respect of the details required hereunder.

3. All prospective Service Providers intending to do business with the Institution must be registered on the

Central Supplier Database (CSD) and the Western Cape Supplier Evidence Bank (WCSEB) if they wish

to do business with the Western Cape Government (WCG)via the electronic Procurement Solution

(ePS).

4. The status of enterprises and persons listed on the National Treasury’s Register for Tender Defaulters will

be housed on the ePS. Institutions may not under any circumstances procure from enterprises and

persons listed on the Database of Tender Defaulters.

5. The status of suppliers listed on the National Treasury’s Database of Restricted Suppliers will be housed

on the ePS; however, it remains incumbent on institutions to check the National Treasury Database of

Restricted Suppliers before the conclusion of any procurement process. For suppliers listed as

restricted, institutions must apply due diligence and risk assessment before deciding to proceed with

procurement from any such supplier.

1. Definitions

“bid” means a Service Provider’s response to an institution’s invitation to participate in a procurement

process which may include a bid, price quotation or proposal;

“Bid rigging (or collusive bidding)” occurs when businesses, that would otherwise be expected to

compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers

who wish to acquire goods and/or services through a bidding process. Bid rigging is, therefore, an

agreement between competitors;

‘‘business interest’’ means –

(a) a right or entitlement to share in profits, revenue or assets of an entity;

(b) a real or personal right in property;

(c) a right to remuneration or any other private gain or benefit, or

(d) includes any interest contemplated in paragraphs (a), (b) or (c) acquired through an

intermediary and any potential interest in terms of any of those paragraphs;

“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;

“Controlling interest” means, 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;

If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the

National Hotline 0800 701 701

This form must be completed annually. Should the information herein declared change in the course of the

year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to

advise the Institution in writing of the change in such det“Corruption”- General offences of corruption are

defined in the Combating of Corrupt Activities Act, 2004 (Act No ) as:

Any person who directly or indirectly –

(a) accepts or agrees or offers to accept an!' gratification from any other person, whether for the

benefit of himself or herself or for the benefit of another person; or

(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit

of that other person or for the benefit of another person., in order to act personally or by

influencing another person so to act, in a manner—

(i) that amounts to the-

(aa) illegal. dishonest. unauthorised. incomplete. or biased: or

(bb) misuse or selling of information or material acquired in the course of

the exercise, carrying out or performance of any powers, duties or functions arising

out of a constitutional, statutory, contractual or any other legal obligation:

(ii) that amounts to-

(aa) the abuse of a position of authority;

(bb) a breach of trust; or

(cc) the violation of a legal duty or a set of rules;

(iii) designed to achieve an unjustified result; or

(iv) that amounts to any other unauthorised or improper inducement to do or 45 not to

do anything. of the, is guilty of the offence of corruption.

“CSD” means the Central Supplier Database maintained by National Treasury;

“employee”, in relation to –

(a) a department, means a person contemplated in section 8 of the Public Service Act, 1994

butexcludes a person appointed in terms of section 12A of that Act; and

(b) a public entity, means a person employed by the public entity;

‘‘entity’’ means any –

(a) association of persons, whether or not incorporated or registered in terms of any law, including a

company, corporation, trust, partnership, close corporation, joint venture or consortium; or

(b) sole proprietorship

‘‘entity conducting business with the Institution’’ means an entity that contracts or applies or tenders

for the sale, lease or supply of goods or services to the Province;

“Family member” means a person’s –

(a) spouse; or

(b) child, parent, brother, sister, whether such a relationship results from birth, marriage

or adoption or some other legal arrangement (as the case may be);

‘‘intermediary’’ means a person through whom an interest is acquired, and includes a representative

or agent or any other person who has been granted authority to act on behalf of another

person;

“Institution” means –

a provincial department or provincial public entity listed in Schedule 3C of the Act;

“Provincial Government Western Cape (PGWC)” means

(a) the Institution of the Western Cape, and

(b) a provincial public entity;

If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the

National Hotline 0800 701 701

This form must be completed annually. Should the information herein declared change in the course of the

year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to

advise the Institution in writing of the change in such details.

31 May 2022

Wcbd 4

“RWOEE” means –

Remunerative Work Outside of the Employee’s Employment

‘‘spouse’’ means a person’s –

(a) partner in marriage or civil union according to legislation;

(b) partner in a customary union according to indigenous law; or

(c) partner with whom he or she cohabits and who is publicly acknowledged by the

person as his or her life partner or permanent companion.

7. Regulation 13(c) of the Public Service Regulations (PSR) 2016, effective 1 February 2017, prohibits any

employee from conducting business with an organ of state, or holding a directorship in a

public or private company doing business with an organ of state unless the employee is a

director (in an official capacity) of a company listed in schedules 2 and 3 of the Public Finance

Management Act.

a) Therefore, by 31 January 2017 all employees who are conducting business with an organ of

state should either have:

(i) resigned as an employee of the government institution or;

(ii) cease conducting business with an organ of state or;

(i) resign as a director/shareholder/owner/member of an entity that conducts business with an

organ of state.

8. Any legal person, or their family members, may make an offer or offers in terms of this invitation to bid.

In view of potential conflict of interest, in the event that the resulting bid, or part thereof, be awarded

to family members of persons employed by an organ of state, it is required that the Service Provider

or his/her authorised representative declare his/her position in relation to the

evaluating/adjudicating authority where the Service Provider is employed by the Institution.

9. The bid of any Service Provider may be disregarded if that Service Provider or any of its directors

abused the institution’s supply chain management system; committed fraud or any other improper

conduct in relation to such system; disclosure is found not to be true and complete; or failed to

perform on any previous contract.

10. Section 4(1)(b)(iii) of the Competition Act No. , as amended, prohibits an agreement

between, or concerted practice by firms, or a decision by an association of firms, if it is

between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).

Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds.

11. Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all

reasonable steps to prevent abuse of the supply chain management system and authorises

accounting officers and accounting authorities to:

a) disregard the bid of any Service Provider if that Service Provider, or any of its directors have

abused the institution’s supply chain management system and or committed fraud or

any other improper conduct in relation to such system.

b) cancel a contract awarded to a supplier of goods and services if the supplier committed any

corrupt or fraudulent act during the bidding process or the execution of that contract.

12. Communication between partners in a joint venture or consortium will not be construed as collusive

bidding.

13. In addition and without prejudice to any other remedy provided to combat any restrictive practices

related to bids and contracts, bids that are suspicious will be reported to the Competition Commission

for investigation and possible imposition of administrative penalties in 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 Prevention and Combating of Corrupt

Activities Act No or any other applicable legislation.

If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the

National Hotline 0800 701 701

This form must be completed annually. Should the information herein declared change in the course of the

year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to

advise the Institution in writing of the change in such details.

31 May 2022

Wcbd 4

Section a details of the entity

CSD Registration Number MAAA

Name of the Entity

Entity registration Number

(where applicable)

Entity Type

Tax Reference Number

Full details of directors, shareholder, member, partner, trustee, sole proprietor or any persons having a

controlling interest with a right or entitlement to share in profits, revenue or assets of the entity should be

disclosed in the Table A below.

Table a

Full name designation identity personal tax percentage

(Where a director is a NUMBER REFERENCE NO. INTEREST IN THE

shareholder, both ENTITY

should be confirmed)

Section b: declaration of the service provider’s interest

The supply chain management system of an institution must, irrespective of the procurement process followed,

prohibit any award to an employee of the state, who either individually or as a director of a public or private

company or a member of a close corporation, seek to conduct business with the WCG, unless such employee is

in an official capacity a director of a company listed in Schedule 2 or 3 of the PFMA as prescribed by the Public

Service Regulation 13(c).

Furthermore, an employee employed by an organ of state conducting remunerative work outside of the

employee’s employment should first obtain the necessary approval by the delegated authority (RWOEE), failure

to submit proof of such authority, where applicable, may result in disciplinary action.

B1. Are any persons listed in Table A identified on the CSD as employees of an

organ of state? (If yes, refer to Public Service Circular EIM 1/2016 to exercise NO YES

the listed actions)

B2. Are any employees of the entity also employees of an organ of state? (If yes

NO yes

complete Table B and attach their approved “RWOEE”)

B3. Are any family members of the persons listed in Table A employees of an organ

NO yes

of state? (If yes complete Table B)

If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the

National Hotline 0800 701 701

This form must be completed annually. Should the information herein declared change in the course of the

year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to

advise the Institution in writing of the change in such details.

31 May 2022

Wcbd 4

TABLE B Details of persons (family members) connected to or employees of an organ of state should be disclosed in Table B

below.

Institution

Designation/

Department/ employee NO./

Relationship

Full name of employee identity number entity of persal NO.

To service

EMPLOYMENT (Indicate if not

Provider**

known)

SECTION C: PERFORMANCE MANAGEMENT AND SERVICE PROVIDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES To

enable the prospective Service Provider to provide evidence of past and current performance.

C1. Did the entity conduct business with an organ of state in the last twelve NO YES

months? (If yes complete Table C)

C2. Table c

Complete the below table to the maximum of the last 5 contracts.

Provincial

Department

Name of type of services contract/ order period of value of

Or

Contractor or commodity number contract contract

Provincial

Entity

C3. Is the entity or its principals listed on the National Database as companies or NO YES

persons prohibited from doing business with the public sector?

C4. Is the entity or its principals listed on the National Treasury Register for Tender NO YES

Defaulters in terms of section 29 of the Prevention and Combating of Corrupt

Activities Act (No. )?

(To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon

“Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile

number (012) 326 5445.)

C5. If yes to C3 or C4, were you informed in writing about the listing on the

database of restricted suppliers or Register for Tender Defaulters by NO YES N/A

National Treasury?

C6. Was the entity or persons listed in Table A convicted for fraud or corruption during

the past five years in a court of law (including a court outside the Republic of South NO YES

Africa)?

C7. Was any contract between the Service Provider and any organ of state

terminated during the past five years on account of failure to perform on or comply with NO YES

the contract?

If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the National

Hotline 0800 701 701

This form must be completed annually. Should the information herein declared change in the course of the

year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to

advise the Institution in writing of the change in such details 31 May 2022

Wcbd 4

Section d: duly authorised representative to depose to affidavit

This form must be signed by a duly authorised representative of the entity in the presence of a commissioner of

oats

I, ...........................................................................................................................hereby swear/affirm;

i i. that the information disclosed above is true and accurate;

ii ii. that I have read understand the content of the document;

iii iii. that I have arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor.

iv. that the entity undertakes to independently arrive at any offer at any time to the Institution without any

consultation, communication, agreement or arrangement with any competitor. In addition, that there will be

no consultations, communications, agreements or arrangements with any competitor regarding the quality,

quantity, specification, prices, including methods, factors or formulas used to calculate prices, market allocation,

the intention or decision to submit or not to submit the bid, bidding with the intention not to win the bid and

conditions or delivery particulars of the products or services to which this bid invitation relates;

v. that the entity or its representative are aware of and undertakes not to disclose the terms of any bid,

formal or informal, directly or indirectly, to any competitor, prior to the date and time of the official bid

opening or of the awarding of the contract; and

vi. that there have been no consultations, communications, agreements or arrangements made with any

official of the procuring institution in relation to this procurement process prior to and during the bidding process

except to provide clarification on the bid submitted where so required by the institution; and that my entity was

not involved in the drafting of the specifications or terms of reference for this bid.

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

Duly authorised representative’s signature

I certify that before administering the oath/affirmation I asked the deponent the following questions and wrote

down his/her answers in his/her presence:

1.1 Do you know and understand the contents of the declaration? ANSWER: .............................

1.2 Do you have any objection to taking the prescribed oath? ANSWER: ..........................

1.3 Do you consider the prescribed oath to be binding on your conscience? ANSWER:.......................

1.4 Do you want to make an affirmation? ANSWER: .........................

2. I certify that the deponent has acknowledged that he/she knows and understands the contents of this

declaration, which was sworn to/affirmed and the deponent’s signature/thumbprint/mark was place

thereon in my presence.

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

SIGNATURE FULL NAMES Commissioner of Oaths

Designation (rank) ........................... ex officio: Republic of South Africa

Date:...................................................................... Place ..................................................................

Business Address: ....................................................................................................................................

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

If you know of any corrupt, fraudulent or collusive actions in the Institution, please report it by calling the

National Hotline 0800 701 701

This form must be completed annually. Should the information herein declared change in the course of the

year or before the next renewal or in relation to any bid, quotation or contract, it is the entity’s responsibility to

advise the Institution in writing of the change in such details.

31 May 202

Wcbd 6.1

Preference points claim form in terms of the preferential procurement regulations 2022 and

The western cape government’s interim strategy as IT relates tro preference points

This preference form must form part of all the invited bids. 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 to the bid, preferential procurement regulations, 2022, the broad

Based black economic empowerment act and codes of good practice

1. Definitions

1.1 “Acceptable bid” means any bid which complies in all respects with the specifications and

conditions of bid as set out in the bid document.

1.2 “Affidavit” is a type of verified statement or showing, or in other words, it contains a verification,

meaning it is under oath or penalty of perjury, which serves as evidence to its veracity and is

required for court proceedings.

1.3 “All applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

1.4 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-

Based Black Economic Empowerment Act;

1.5 “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a codes of good

practice of black economic empowerment, issued in terms of section 9(1) of The Broad-Based

Black Economic Empowerment Act;

1.6 “Bid” means a written offer on the official bid documents or invitation of price quotations, and

“tender” is the act of bidding/tendering;

1.7 “Code of Good Practice” means the generic codes or the sector codes as the case may be;

1.8 “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;

1.9 “Contract” means the agreement that results from the acceptance of a bid by an organ of state;

1.10 “EME” is an exempted micro enterprise with an annual total revenue of R10 million or less.

1.11 “Firm price” means a price that is only subject to adjustments in accordance with an actual

increase or decrease resulting from the change, imposition or abolition of customs or excise duty

and any other duty, levy, or tax, which is binding on the contractor in terms of the law or regulation

and demonstrably has an influence on the price of any supplies or the rendering costs of any

service for the execution of the contract;

1.12 “Large Enterprise” is any enterprise with an annual total revenue above R50 million;

1.13 “Non-firm prices” means all prices other than “firm” prices

1.14 “Person” includes a juristic person;

1.15 “Price” means an amount of money bid for goods and services and includes all applicable taxes

less all unconditional discounts;

1.16 “Proof of B-BBEE status level contributor” means –

(a) The B-BBEE status level certificate issued by an authorized body or person;

(b) A sworn affidavit as prescribed in terms of the B-BBEE Codes of Good Practice; or

(c) Any other requirements prescribed in terms of the Broad-based Black Economic

Empowerment Act

Wcbd 6.1

1.17 “QSE” is a Qualifying Small Enterprise with an annual total revenue between R10 million and R50

million;

1.18 “Rand value” means the total estimated value of a contract in South African currency calculated at

the time of bid invitation, and includes all applicable taxes;

1.19 “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;

1.20 “Tender” means a written offer in the form determined by an organ of state in response to an

invitation to provide services through price quotations, competitive bidding processes or any other

method envisaged in legislation;

1.21 “Tender for income-generating contracts” means a written offer in the form determined by an organ

of state in response to an invitation to originate income-generating contracts through any method

envisaged in legislation, that will result in a legal agreement between the organ of state and a third

party, which produces revenue for the organ of state, and includes but is not limited to leasing and

disposal of assets and concessions contracts, but excludes direct sales and disposal of assets through

public auctions;

1.22 “The Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. );

1.23 “the Regulations” means the Preferential Procurement Regulations, 2022;

1.24 “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 11 October 2013;

1.25 “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

1.26 “Trustee” means any person, including the founder of a trust, to whom property is bequeathed for

such property to be administered for the benefit of another person.

2. General conditions

2.1 The following preference points 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)

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

included).

2.2 Preference points system for this bid:

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

included) and therefore the .................... preference points system shall be applicable;

or

(b) Either the 80/20 or 90/10 preference points system will be applicable to this bid.

(Delete whichever option is not applicable to this bid)

2.3 Preference points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE status level of contribution.

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

Points

Price 80 90

B-bbee status level of contributor 20 10

Total points for Price and B-BBEE must not exceed 100 100

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2.5 Failure on the part of a bidder to complete and sign this form and submit, in the circumstances

prescribed in the Codes of Good Practice, either a B-BBEE Verification Certificate issued by a

Verification Agency accredited by the South African Accreditation System (SANAS), or an affidavit

confirming annual total revenue and level of black ownership, along with the bid, or an affidavit

issued by the Companies Intellectual Property Commission, will be interpreted to mean that

preference points for B-BBEE status level of contribution are not claimed.

2.6 The organ of state 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 organ of state.

3. Adjudication using a point system

3.1 Subject to Regulation 2(1)(f) of the Preferential Procurement Policy Framework Act, 2000, the bidder

obtaining the highest number of total points will be awarded the contract.

3.2 A bidder must submit proof of its B-BBEE status level to claim points for B-BBEE.

3.3 A bidder failing to submit proof of B-BBEE status level, or who is a non-compliant contributor to B-BBEE

will not be disqualified, but will only score:

(a) points out of 80/90 for price; and

(b) 0 points out of 20/10 for B-BBEE.

3.4 Points scored must be rounded off to the nearest 2 decimal places.

3.5 If 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.

3.6 Per Regulation 2 (1)(f) of the Preferential Procurement Policy Framework Act, 2000, the contract may

be awarded to a bidder other than the one scoring the highest number of total points based on

objective criteria in addition to those contemplated in paragraph (d) and (e) of the Act, which

justifies the award to another bidder provided that it has been stipulated upfront in the bid conditions.

3.7 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

The 80/20 or 90/10 preference point system

4. Formulae for procurement of goods & services

4.1 Points awarded for price

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

80/20 90/10

 Pt − Pmin   Pt − Pmin 

Ps = 80 1 − Pmin  Ps = 90 1 − Pmin 

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

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5. Formulae for disposal or leasing of state assets & income-generating procurement

5.1 Points awarded for price

80/20 90/10

Pt−Pmax Pt−Pmax

Ps= 80 (1 + ) Ps = 90 (1 + )

Pmax Pmax

Where

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmax = Price of highest acceptable bid

6. Points awarded for b-bbee status level of contribution

6.1 In terms of WCG interim strategy, preference points must be awarded to a bidder for attaining the

B-BBEE status level of contribution in accordance with the following table:

B-BBEE Status Level of Contributor No of points (90/10 system) No of points (80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

6.2 An EME must submit a valid originally certified affidavit confirming annual turnover and level of black

ownership, or an affidavit issued by Companies Intellectual Property Commission.

6.3 A QSE that is less than 51% (50% or less) black-owned must be verified in terms of the QSE scorecard

issued via Government Gazette and submit a valid, original or a legible certified copy of a B-BBEE

Verification Certificate issued by SANAS.

6.4 A QSE that is at least 51% black-owned must submit a valid, originally certified copy of an affidavit

confirming turnover and level of black ownership, or an affidavit issued by Companies Intellectual

Property Commission, as well as declare its empowering status.

6.5 A large enterprise must submit a valid, original or originally certified copy of a B-BBEE Verification

Certificate issued by a verification agency accredited by SANAS.

6.6 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as a legal entity,

provided that the entity submits their B-BBEE status level certificate.

6.7 A trust, consortium or joint venture (including unincorporated consortia and joint ventures) must

submit a consolidated B-BBEE status level verification certificate for every separate bid.

6.8 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in

terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

7. Bid declaration

7.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the

following:

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8. B-bbee status level claimed in terms of paragraph 5

8.1 B-BBEE Status Level: ............. = ............... (maximum of 20 points in terms of 80/20)

8.2 B-BBEE Status Level: ............. = ............... (maximum of 10 points in terms of 90/10)

(Points claimed in paragraphs 8.1 & 8.2 must correspond with the table in paragraph 5.1 and must be

substantiated by a B-BBEE certificate issued by a verification agency accredited by SANAS or an affidavit

confirming annual total revenue and level of black ownership in terms of the relevant sector code

applicable to the bid).

9. Sub-contracting

9.1 Will any portion of the contract be sub-contracted? (delete which is not applicable) YES/NO

9.1.1 If yes, indicate:

(i) what percentage of the contract will be subcontracted? .........................................%

(ii) the name of the sub-contractor? ........................................................................

(iii) the B-BBEE status level of the sub-contractor? .....................

(iv) whether the sub-contractor is an EME or QSE? (delete which is not applicable) YES/NO

9.1.2 Sub-contracting relates to a particular contract and if sub-contracting is applicable, the bidder must

state in its response to a particular RFQ that a portion of that contract will be sub-contracted.

10. Declaration with regard to company/firm

10.1 Name of company/ entity: ........................................................................

10.2 VAT registration number: ........................................................................

10.3 Company Registration number: ........................................................................

10.4 Type of company/firm (Select applicable Partnership/Joint venture consortium

(option)

One-person business/sole propriety

Close corporation

Public company

Personal liability company

(Pty) Ltd

Non-profit company

State-owned company

10.5 I/we, the undersigned, who am/are duly authorised to do so on behalf of the company/firm, certify

that the points claimed, based on the B-BBEE status level of contribution indicated in paragraph 8

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

(a) The Western Cape Government reserves the right to audit the B-BBEE status claim submitted by

the bidder.

(b) As set out in Section 130 of the B-BBEE Act as amended, any misrepresentation constitutes a

criminal offence. A person commits an offence if that person knowingly:

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(i) misrepresents or attempts to misrepresent the B-BBEE status of an enterprise;

(ii) provides false information or misrepresents information to a B-BBEE verification

professional to secure a particular B-BBEE status or any benefit associated with

compliance with the B-BBEE Act;

(iii) provides false information or misrepresents information relevant to assessing the B-BBEE

status of an enterprise to any organ of state or public entity; or

(iv) engages in a fronting practice.

(c) if a B-BBEE verification professional, any procurement officer or any official from another organ

of state or public entity becomes aware of the attempted or actual commission of any offence

referred to in paragraph 10.5 (b), this will be reported to an appropriate law enforcement

agency for investigation,

(d) any person convicted of an offence by a court in the case of contravention of paragraph 10.5

(b) is liable to a fine or imprisonment for a period not exceeding 10 years, or to both a fine and

such imprisonment, or, if the convicted person is not a natural person, to a fine not exceeding

10% of its annual turnover.

(e) the purchaser may investigate the matter if it becomes aware that a bidder may have

obtained its B-BBEE status level fraudulently. If the investigation warrants the imposition of a

restriction, this will be referred to the National Treasury for investigation, processing and

restriction of the bidder on the National Treasury’s List of Restricted Suppliers. After the audi

alteram partem (hear the other side) rule has been applied, the bidder or contractor, its

shareholders and directors, or only the shareholders and directors who acted fraudulently, may

be restricted from obtaining business from any organ of state for a period not exceeding 10

years,

(f) in addition to any other remedy it may have, the organ of state may -

(i) disqualify the bidder from the bid process,

(ii) recover costs, losses or damages it has incurred or suffered as a result of that bidder’s

conduct,

(iii) cancel the contract, and, having had to make less favourable arrangements due to

such cancellation, claim any damages it has suffered from the contractor, and

(iv) forward the matter for criminal prosecution.

(g) The information furnished is true and correct.

(h) The preference points claimed are in accordance with the General Conditions as indicated in

paragraph 2 of this form.

Signature(s) of the bidder(s): ..........................................................................................

Date: .............................................................................................

Address: ............................................................................................

Witnesses:

1. ....................................................................

2. ....................................................................

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Department of Health and Wellness | Sourcing Sub-Directorate name

Sworn affidavit – b-bbee/qualifying small enterprise

1. I, the undersigned

Full name and surname

Identity number

2. Hereby declare under oath as follows:

(i) The contents of this statement are to the best of my knowledge a true reflection of the facts.

(ii) I am a member/director/owner of the following enterprise and am duly authorized to act on

its behalf:

Enterprise name

Trading name

Registration number

Enterprise address

3. I hereby declare under oath that:

➢ The enterprise is _________________ % Black owned;

➢ The enterprise is _________________ % Black woman owned;

➢ Based on management accounts and other information available for the __________________

financial year, the income did not exceed R30 000, 000.00 (fifty million Rands)

➢ The entity is an Empowering Supplier in terms of Clause 3.3 (a) or (b) or (c) or (d) r (e) as

amended (select one) __________ of the dti Codes of Good Practice.

➢ Please confirm in the table below the B-BBEE contributor by ticking the applicable box.

100% Black owned Level One (133% B-BBEE procurement recognition)

More than 31% Black owned Level Two (123% B-BBEE procurement recognition)

(a) At least 23% of cost of sales (excluding labour (b) At least 30% of jobs created are for Black

costs and depreciation) must be procurement people, provided that the number of Black

from local producers or suppliers in South Africa; employees in the B-BBEE measurement verified

For the service industry, include labour costs immediately before is maintained.

capped at 13%.

(c) At least 23% transformation of raw (d) At least 12 days per annum of productivity

material/beneficiation, which includes local deployed in assisting QSE end EME

manufacturing, production and/or assembly, beneficiaries to increase their operational or

and/or packaging. financial capacity.

(e) At least 83% of labour costs should be paid to

South African employees by service industry

entities.

4. I know and understand the content of this affidavit, I have no objection to taking the

prescribed oath, I consider the oath binding on my conscience and not on the owners of the

enterprise which I represent in this matter.

5. The sworn affidavit will be valid for a period of 12 months from the date of signature by the

commissioner.

Deponent signature: ______________________________

________________________________________ Date: ______________________________

Commissioner of Oaths signature & stamp

Special conditions of bid

These Special Conditions of Contract are applicable to this bid by the Western Cape Government. Should

there be a conflict between the provisions of these Special Conditions of Contract and those of the General

Conditions of Contract, the provisions of these Special Conditions of Contract shall prevail.

1. APPLICATION 1.1 These Special Conditions of Contract (“SCC”) are applicable to this bid

invited and to be awarded by the Western Cape Government (“WCG”).

1.2 By submitting a bid in response to the bid invitation from the WCG, a bidder

accepts and agrees to these SCC, as well as the provisions of the General

Conditions of Contract for Government Procurement as issued by National

Treasury (“GCC”), unless specified otherwise in writing.

2. SPECIFIC EXCLUSIONS The following clauses of the GCC are specifically excluded and shall not form part

of the contract to be awarded and concluded with the WCG:

2.1 Subcontracts – clause 20;

2.2 Penalties – clause 22;

2.3 Settlement of Disputes – clause 27; and

2.4 Limitation of liability – clause 28.

3. REPLACEMENT CLAUSES 3.1 Clause 20 of the GCC is substituted with the following:

Subcontracts and assignment

3.1.1 The Service-provider may not assign, cede, delegate or transfer any of its

rights or obligations without the WCG’s prior written consent and subject to

the relevant WCG procurement prescripts.

3.1.2 The Supplier may only sub-contract with the prior written consent of the

WCG and subject to the provisions of the Preferential Procurement Policy

Framework Regulations, 2011 and other relevant WCG procurement

prescripts.

3.2 Clauses 22 and 28 of the GCC are substituted with the following:

Penalties and Damages

3.2.1 The WCG may, in respect of every breach, impose penalties in terms of

clause 22 of the GCC (or such other penalties as may be agreed upon), or

claim damages in lieu of a penalty.

3.2.2 The WCG’s decision to impose a penalty, or claim damages in lieu of a

penalty, shall not prevent it from exercising any other rights it may have in

law, including, but not limited to, the right to claim specific performance.

3.2.3 In the event of cancellation of the contract due to breach, the non-

defaulting Party shall be entitled to recover all damages which may be

suffered as a result of such breach, or from any liability which the non-

defaulting Party may directly or indirectly incur as a result of such breach.

3.3 Clause 27 of the GCC substituted with the following:

Settlement of Disputes

3.3.1 Should a dispute arise between the parties concerning this contract, the

parties shall attempt to resolve the dispute by negotiation. As such the

aggrieved party must invite the other party in writing to a meeting within 7

(seven) calendar days to endeavour to resolve the dispute as soon as

possible.

3.3.2 If the dispute is not resolved by such negotiation, the parties will, upon

agreement, refer the dispute to mediation and/or arbitration to be

conducted as set out further on. If agreement cannot be reached on

whether to refer the dispute to mediation or arbitration, or if better suited, a

party may institute legal proceedings in a court of competent jurisdiction to

resolve the dispute.

Special conditions of bid (continued)

3. REPLACEMENT CLAUSES Settlement of Disputes

3.3.3 No referral of any dispute for a resolution process will relieve any party from

any liability for the due and punctual performance of its responsibilities

under the contract.

3.3.4 Notwithstanding anything other provisions a party shall be precluded from

obtaining interim, interdictory or similar relief from a court of competent

jurisdiction.

4. PAYMENT 4.1 The WCG will pay the service-provider for the services rendered or goods

provided.

4.2 Notwithstanding the WCG’s right to impose penalties, the WCG may also

withhold payment in respect of services not rendered or goods not supplied

in accordance with the contract with the supplier.

5. INDEMNITY The service-provider indemnifies the WCG against all and any claims which may

arise, directly or indirectly, from the rendering of the services or supply of the goods

by the supplier and where such claim was caused by the negligence, violation of

law or breach of any contractually agreed terms or conditions by the service-

provider, its employees, agents or representatives.

6. CONFIDENTIALITY AND 6.1 The supplier must treat all information and records furnished to it by the

DISCLOSURE WCG, or arising from the execution of the contract, as confidential. The

service-provider will not disclose this information to a third party without the

WCG’s prior written consent.

6.2 The WCG may only disclose records of the supplier, including the service-

provider’s bid response, to a third party in accordance with the provisions

of the Promotion of Access to Information Act .

6.3 The supplier will not, without the prior written consent of the WCG, cause

any public statement to be made relating to the contract with the WCG.

6.4 This clause and its sub-clauses will survive termination of the contract

between the parties unless otherwise agreed in writing.

7. BREACH 7.1 If a party commits a breach of any of the provisions of the contract the other

party may notify the defaulting party of such breach by giving written

notice, setting out the breach, and requesting the defaulting party to

remedy the breach within, at least, seven calendar days.

7.2 In the event that the defaulting party fails to remedy a material breach to

the satisfaction of the non-defaulting party, after notice was given in terms

of clause 7.1 above, the non-defaulting party may, notwithstanding any

other provision of the contract, or rights which the non-defaulting party may

have in law, cancel the contract.

7.3 A repeated non-material breach of any of the terms and conditions of the

contract, and of which notice was given in terms of clause 7.1 above, may

also constitute a material breach. In such event the provisions of clause 7.2

above will apply mutatis mutandis.

7.4 Notwithstanding any other provision of the contract between the parties,

the WCG may suspend the contract, or part thereof, without payment, with

reasonable written notice to the service-provider, when there is an imminent

and serious public safety or environmental risk caused by the rendering of

the services.

Special conditions of bid

These Special Conditions of Contract are applicable to this bid by the Western Cape Government. Should

there be a conflict between the provisions of these Special Conditions of Contract and those of the General

Conditions of Contract, the provisions of these Special Conditions of Contract shall prevail.

8. WAIVER 8.1 No waiver of any of the terms and conditions of the contract will be binding

unless agreed to in writing by the party waiving the right, and any such

waiver will be limited to the specific instance and for the purpose given.

8.2 No failure or delay by either party in exercising any right, power or privilege

precludes any other, or further, exercising thereof or the exercising of any

other right, power or privilege.

8.3 No indulgence, leniency or extension of time which a party (“the Grantor”)

may grant or show the other party, will in any way prejudice the Grantor or

preclude the Grantor from exercising any of its rights in terms of the contact

Dispute resolution processes

MEDIATION 1. Any dispute arising out of or in connection with this contract may be referred

by the parties, without legal representation, to a mediator.

2. The dispute shall be heard by the mediator at a place and time to be

determined by him or her in consultation with the parties.

3. The mediator shall be selected by agreement between the parties.
4. If agreement cannot be reached upon a particular mediator within five

calendar days after the parties have agreed to refer the matter to

mediation, then the President for the time being of the Law Society of the

Cape of Good Hope shall nominate the mediator within ten calendar days

after the parties have failed to agree.

5. The mediator shall at his or her sole discretion determine whether the

reference to him or her shall be made in the form of written or verbal

representations, provided that in making this determination he or she shall

consult with the parties and may be guided by their common reasonable

desire of the form in which the said representations are to be made.

6. The parties shall have fourteen calendar days within which to finalise their

representations. The mediator shall within fourteen calendar days of the

receipt of the representations express in writing an opinion on the matter

and furnish the parties each with a copy thereof by hand or by registered

post.

7. The opinion so expressed by the mediator shall be final and binding upon

the parties unless a party is unwilling to accept the opinion expressed by the

mediator. In such event, the aggrieved party may institute legal

proceedings in a court of competent jurisdiction, unless the parties agree to

refer the dispute to arbitration. The expressed opinion of the mediator shall

not prejudice the rights of either party in any manner whatsoever in the

event of legal proceedings or arbitration, as the case may be.

8. The cost of mediation shall be determined by the mediator.

9. Liability for such cost shall be apportioned by the mediator and shall be due

and payable to the mediator on presentation of his or her written account.

ARBITRATION 1. The Parties may agree to refer any dispute arising out of or in connection

with this contract, to arbitration.

2. Arbitration shall be held in Cape Town in accordance with the provisions of

the Arbitration Act, No. , it being intended that, if possible, it shall

be held and concluded within fourteen calendar days.

3. Save as otherwise specifically provided herein, the arbitrator shall be if the

matter in dispute is:

(a) primarily a legal matter, a practising senior advocate of the Cape Bar;

(b) any other matter, an independent and suitably qualified person as may be

agreed upon between the parties to the dispute.

4. If agreement cannot be reached on whether the question in dispute falls

under 3(a) or 3(b) above and/or upon a particular arbitrator within seven

calendar days after the parties have agreed to refer the dispute to

arbitration, then the Chairperson for the time being of the Cape Bar Council

shall:

(a) determine whether the question in dispute falls under 3(a) or 3(b); and/or

(b) within seven calendar days after the parties have failed to agree, appoint

an arbitrator from two arbitrators nominated by each party.

5. The arbitrator shall give his or her decision within fourteen calendar days

after the completion of the arbitration. The arbitrator may determine that

the costs of the arbitration be paid either by one or both parties and at such

ratio as deemed appropriate by the arbitrator.

6. The decision of the arbitrator shall be final and binding and may be made

an order of the Western Cape High Court, Cape Town, upon application by

either party.