Appointment of a service provider for layout, design, branding and printing services for 36 months

The specifications for the required services are listed below, bearing in mind

OTHER RELATED SERVICES THAT MUST BE PROVIDED AS AND WHEN REQUIRED:

(Specifications will be provided as and when required)

NB: SERVICE PROVIDER MUST PROVIDE STOCK IMAGES AND BE ABLE TO

Proposal • The service provider must provide CGE with the 10

Track record • The service provider must provide evidence of good

• The bidder must have been in business for at least five

• The bidder must have printing and production

All bidders must comply with norms and standards applicable to the printing industry

PAYMENT TERMS

9.1 The CGE undertakes to pay valid invoices in full within 30 days from the statement date for work done

to its satisfaction upon presentation of a substantiated claim. The CGE shall not pay for any unproductive or

duplicated time spent by the service provider on any assignment as a result if staff changes, inefficiencies or

rework.

TENDER SUBMISSION AND CLOSING DATE

The original and 2 copies must be submitted in a sealed envelope and deposited into the official

tender box located at the reception area at 2 Kotze Street, Women’s Jail, East Wing, Constitution Hill,

Braamfontein 2017. The tender number and description of service must be clearly written on the

envelope.

Note:

The tender awarded will be conditional and subject to successful negotiations and the signing of a

written contract, failing which the CGE reserves the right to withdraw the tender and award the same

to the next bidder without having to repeat the tender process. The CGE reserves the right to appoint,

contract with and monitor the performance of any service provider it deems will offer the best service

in line with its requirements, although it may not necessarily be the lowest Bidder. The CGE also

reserves the right, in its sole discretion, to re-advertise, not to retender or not to award the tender.

Late submitted tenders will not be considered.

Points will be awarded for specific goals in line with the BBBEE.

The decision of the CGE Adjudication Committee on awarding a tender is final

SUB-CONTRACTING

A bidder and/or the contract, or any portion thereof, or any share or interest therein, may not be transferred,

assigned or granted to any other company without the specific written permission and conditions of the

CGE.

DEALING WITH THE COMMISSION FOR GENDER EQUALITY

The Bidder shall not disclose any such information or specification, whether explicit or implied, to any third

party without the written consent from the CGE.

MANDATORY REQUIREMENTS

(i) No tender will be considered unless submitted on this CGE tender document.

(ii) Any portion of the tender document not completed will be interpreted as “not applicable”.

Notwithstanding the foregoing, failure to complete any compulsory portion of the tender document may

result in the tender being declared non-responsive.

(iii) Tenders must be properly received and deposited, on or before the closing date and before the closing

time, in the relevant tender box at the Tender Submission Office situated on the Venue: 2 Kotze Street,

Women’s Jail, East Wing, Constitution Hill, Braamfontein 2017. If the tender submission is too large to

fit in the allocated box, please enquire at the public counter for assistance. One hard copy of this official

document with all the required accompanying documents and supporting documentation must be

submitted.

(iv) The CGE reserves the right to accept:

the whole tender or part of a tender or any item or part of any item, or to accept more

than one tender (in the event of a number of items being offered), and the CGE is not

obliged to accept the lowest or any tender;

a tender which is not substantially or materially different from the tender Specification.

(v) The CGE shall not consider tenders that are received after the closing date and time for such a tender.

(vi) The CGE will not be held responsible for any expenses incurred by bidders in preparing and submitting

tenders.

(vii) The CGE may, after the closing date, request additional information or clarification of tenders in writing.

(viii) A bidder may request information, after the closing date, in accordance with the Promotion of

Administrative Justice Act, Act , and the Promotion of Access to Information Act, Act .

(ix) A bidder may request in writing, after the closing date, that the tender offer be withdrawn. Such

withdrawal will be permitted or refused at the sole discretion of the CGE after consideration of the

reasons for the withdrawal, which shall be fully set out by the bidder in such written request for

withdrawal.

(x) Validity Period.

Any tender submitted shall remain valid, irrevocable and open for written acceptance

by the CGE for a period of 120 (one hundred and twenty) days from the closing date

or for such extended period as may be applicable.

The tender offer will not be withdrawn or amended during the aforesaid validity period.

The aforesaid validity period may be extended by the Accounting Officer (CGE),

provided that the original validity period has not expired, and that all bidders are given

an opportunity to extend such period. Any such extension shall be agreed to by a

bidder in writing.

Bidders who fail to respond to such a request before the validity of their tender

expires, or who decline such a request shall not be considered further in the

evaluation process.

In the event that an appeal in terms of the Systems Act is received, the

validity period of the tender shall be deemed to be extended until finalisation of the

appeal; unless the bidder has requested in writing that its tender be withdrawn.

(xi) The Central Supplier Database (CSD):.

No awards will be made to a bidder who is not registered on the CSD.

It is each vendor’s responsibility to keep all the information on the CSD is updated.

(xii) No person who is a provider or prospective provider of goods or services, or a recipient or prospective

recipient of goods disposed or to be disposed of, may directly or indirectly:

Influence or interfere with the work of any CGE officials involved in the tender process

in order to inter alia:

influence the process and/or outcome of a tender;

incite breach of confidentiality and/or the offering of bribes;

cause over- or under-invoicing;

influence the choice of procurement method or technical standards;

Influence any CGE official in any way which may secure an unfair\ advantage

during or at any stage of the procurement process.

Abuse of the supply chain management system is not permitted and may result in the

tender being rejected, cancellation of the contract, “blacklisting” and/or any such

remedies as set out in the CGE’s SCM Policy.

(xiii) Declarations and authorisation.

Bidders are required to complete all statutory declarations and authorisations in the annexures attached to

this tender document, failing which the tender may be declared non-responsive.

(xiv) Samples

If the Specification requires the bidder to provide samples, these shall be provided strictly in accordance

with the instructions set out in the Specification.

EVALUATION CRITERIA

Bids invited on the basis of functionality as a criterion are evaluated in two stages – first functionality is

assessed and then in accordance with 80/20 preference point systems prescribed in Preferential

Procurement Regulations of 2022.

Invalid Tenders

Tenders shall be invalid, and shall be endorsed and recorded as such in the tender opening record by

the responsible official, if the:

tender is not sealed;

ii. tender, including the tender price (where applicable), is not submitted on the official CGE

tender document;

iii. tender is not completed in non-erasable ink;

iv. Tender Offer and/or Contract Form have not been signed;

Tender Offer and/or Contract Form are signed, but the name of the bidder is not stated, or is

indecipherable; or

vi. Bidder, in a two-envelope system, fails to submit both a technical proposal and a separate,

sealed financial offer.

Non-Responsive Tenders

Valid tenders will be declared non-responsive and eliminated from further evaluation if:

The bidder has been listed on the national Treasury’s Register for Tender Defaulters in

terms of the Prevention and Combating of Corrupt Activities Act, Act , or has

been listed on the national Treasury’s List of Restricted Suppliers and who is therefore

prohibited from doing business with the public sector.

The tender does not comply with the Specification.

The tender does not comply with the instructions as contained in the Price Schedule.

The bidder has not achieved the minimum functionality scoring/points as set out in the

tender document (if applicable).

ii. Tenders will be declared non-responsive if the bidder fails to adhere to a written request (within

the specified period set out in such request) to:

Comply with the general conditions applicable to tenders as set out in the CGE’s SCM

Policy;

Comply with one or more of the provisions contained in the Conditions of Tender.

Comply with any other terms and conditions of the tender as contained in the tender

document;

Complete and/or sign any declarations and/or authorisations;

Register on the CSD;

Evaluation of Tenders

All tenders received shall be evaluated in accordance with the Public Finance Management Act, Act (read with its accompanying supply chain management regulations), the CGE’s SCM policy, the

Preferential Procurement Policy Framework of 2000 and the PPPFA regulations of 2022.

Functionality Scoring

Tenders will be evaluated for functionality on the following objective criteria:

Price points 80

Specific goals 20

Total 100 points

All Bids received shall be evaluated by the BEC using the preference points

system as stipulated in the Preferential Procurement Regulations of 2022

All bidders that score 60 points and more for functionality will be evaluated

further on points for price and specific goals in terms of the 80/20

preference point system.

Tenders will be evaluated for functionality on the following

objective criteria:

Sub Criteria Description Weightings

Proposal • The service provider must provide CGE with the proposal 10

for layout, design, branding and printing services – 10 points

Track • The service provider must provide evidence of good

record and quality work completed previously, i.e., produced annual

experience reports, braille printed products, booklets, and branded mug,

branded pen – 20 points

45 • Three relevant reference letters for similar work

completed within the last three years – 15 points

The bidder must have been in business for at least five

years – 10 points

Delivery • Please provide CVs and qualifications of the account 45

Capacity manager and the names of two graphic designers, each with a

minimum of five years’ work experience – 20 points

The bidder must have printing and production machinery on site

(please attach pictures of same) – 25 points

Total 100

Price and Preference Evaluation

14.5.1 Section 2

Bidders who score more than 60 points will be evaluated further in terms of Price and Preference

points for specific goals in terms of the PPPFA regulations of 2022. As per the table below, price is

evaluated over 80 points and preference points over 20:

Specific goals Specific goals for 80/20

100% black women owned 7

100% Owned by black persons with 5

disabilities

100% Black youth owned 5

100% Black owned 3

None Specified 0

Disclaimer Information

The Commission for Gender Equality reserves the right to cancel this tender for whatever reason it may

deem fit or to select only parts of the solution it feels will be beneficial and/or cost justified. These

instructions outline the format of the proposal and describe the approach for presentation of data. The

instructions are designed to ensure uniformity for ease of evaluation and that the required information is

included.

The instructions are not intended to limit the contents since they identify minimum requirements and permit

the inclusion of pertinent data or information, at the supplier’s discretion. I.e. Bidders should submit

solutions based on their experience, business knowledge of the industry and what would be considered

‘best practice’ for the Commission for Gender Equality.

The proposal must contain a covering letter signed by an officer or representative who is authorised to bind

the said bidder to the provisions and process quoted.

SPECIAL CONDITIONS OF CONTRACT

THESE SPECIAL CONDITIONS OF CONTRACT (SCC) SUPPLEMENT AND MUST BE READ

WITH THE CORRESPONDING PROVISIONS OF THE GENERAL CONDITIONS OF CONTRACT

(GCC) ISSUED BY THE NATIONAL TREASURY.

WHENEVER THERE IS A CONFLICT BETWEEN THE SCC AND THE GCC, THE PROVISIONS OF

THE SCC SHALL PREVAIL.

1.1. Standards

Failure to comply with the standards and Specification as set out in the tender document shall

constitute a material breach of this Contract, in which case the CGE reserves the right to cancel the

Contract.

1.2. Guarantee /Performance Security – Clause 7 of the GCC

NOT APPLICABLE

1.3. Insurance – Clause 11 of the GCC

NOT APPLICABLE

1.4. Prices/Price Adjustment – Clause 17 of the GCC

The Contract Price shall be SUBJECT TO CONTRACT PRICE ADJUSTMENT.

1.4.1. The bidder shall complete Annexure 4.

1.4.2. Failure to complete Annexure 4 may result in the tender being declared non-responsive, or

prices will be deemed to be subject to zero-rated contract price adjustment.

1.4.3. Contract prices will be subject to price adjustment strictly in accordance with Annexure 4.

1.4.4. If the Contract price is (also) subject to variations in rate of exchange the tender SHALL

complete the appropriate section in Annexure 4, failing which no claim for contract price

adjustment on the basis of rate of exchange variations will be granted.

1.4.5. Any claim for an increase in the Contract price shall be submitted in writing prior to the date

upon which the price adjustment would become effective

1.4.6. The CGE reserves the right to withhold payment of any claim for contract price adjustment while

only provisional figures are available and until the final (revised) figures are issued by the

relevant authority.

1.4.7. When submitting a claim for contract price adjustment a supplier shall indicate the actual amount

claimed for each item. A mere notification of a claim for contract price adjustment without stating

the new price claimed for each item shall, for the purpose of this clause, not be regarded as a

valid claim.

1.4.8. The CGE reserves the right to request the supplier to submit auditor’s certificates or such other

documentary proof as it may require in order verifying a claim for contract price adjustment.

Should the supplier fail to submit such auditor’s certificates or other documentary proof to the

CGE within a period of 30 (thirty) days from the date of the request, it shall be presumed that the

supplier has abandoned his claim.

1.5. Contract Amendments – Clause 18 of the GCC

The CGE, in its sole discretion, shall be entitled to increase the contract period or the contract sum,

subject to the relevant provisions of the SCM Policy and Public Finance Management Act, Act .

1.6. Penalties – Clause 22 of the GCC

NOT APPLICABLE.

1.7. Settlement of Disputes – Clause 27 of the GCC

1.8. Should the parties fail to resolve any dispute by way of mutual consultation as contemplated in clause

27.1 of the GCC, either party shall be entitled to refer the matter for mediation before an independent

and impartial person appointed by the Accounting Officer. The mediator’s ruling shall become final and

binding on the parties only to the extent that it is correctly recorded as being agreed by the parties in

writing. Save for reference to any portion of any settlement or decision which has been agreed to be

final and binding on the parties, no reference shall be made by or on behalf of either party, in any

subsequent court proceedings, to any outcome of an amicable settlement by mutual consultation, or to

the fact that any particular evidence was given, or to any submission, statement or admission made in

the course of amicable settlement by mutual consultation or mediation. Should it not be possible to

settle a dispute by means of mediation, it shall be settled in a South African court of law as

contemplated in clause 27.3 of the GCC.

1.9. Limitation of Liability- Clause 28 of GCC

1.9.1. Without detracting from, and in addition to, any of the other indemnities in this Contract, the

supplier shall be solely liable for and hereby indemnifies and holds the CGE harmless against

all claims, charges, damages, costs, actions, liability, demands and/or proceedings and

expense in connection with:

personal injury or loss of life to any individual;

loss of or damage to the property of any individual;

arising from, out of, or in connection with the provision by the supplier in terms of this

Contract, save to the extent caused by the gross negligence or wilful misconduct of the

CGE.

1.9.2. The supplier and/or its employees, agents, concessionaires, suppliers, contractors or

customers shall not have any claim of any nature against the CGE for any loss, damage, injury

or death which any of them may directly or indirectly suffer, whether or not such loss, damage,

injury or death is caused through the negligence of the CGE or its agents or employees.

1.9.3. Notwithstanding anything to the contrary contained in this Contract, under no circumstances

whatsoever, including as a result of its negligent (including grossly negligent) acts or omissions

or those of its servants, agents or contractors or other persons for whom in law it may be liable,

shall any party or its servants (in whose favour this constitutes a stipulatio alteri) be liable for

any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of

any kind whatsoever (whether the loss was actually foreseen or reasonably foreseeable)

sustained by the other party, its directors and/or servants, including but not limited to any loss

of profits, loss of operation time, corruption or loss of information and/or loss of contracts.

1.9.4. Value Added Tax – Clause 32 of the GCC

1.9.5. Where a supplier, in the course of carrying on business, delivers taxable supplies exceeding

R1 million, the supplier must be registered with the South African Revenue Service for value

added tax (VAT) purposes. The supplier’s attention is drawn to Section 23 of the Value Added

Tax Act, Act . Failure to comply with Act shall constitute a material

breach of the Contract.

It is the responsibility of the supplier to submit updated original tax clearance certificates to the

Supplier Management Office, should any current certificate expire during the contract period.

Failure to do so may lead to the suspension of transactions with the supplier until a valid tax

clearance certificate is received (during which time the CGE reserves the right to obtain the

relevant goods or services from alternative sources).

GENERAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES

Definitions

Application

Use of contract documents and information; inspection

Patent rights

Performance security

Inspections, tests and analysis

Delivery and documents

Transportation

Incidental services

Spare parts

Contract amendments

Subcontracts

Delays in the supplier’s performance

Termination for default

Dumping and countervailing duties

Force Majeure

Termination for insolvency

Settlement of disputes

Limitation of liability

Governing language

Applicable law

Taxes and duties

National Industrial Participation Programme (NIPP)

Prohibition of restrictive practices

Definitions

The following terms shall be interpreted as indicated:

1.1. “Closing time‟ means the date and hour specified in the bidding documents for the receipt of

bids.

1.2. “Contract” means the written agreement entered into between the purchaser and the supplier, as

recorded in the contract form signed by the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

1.3. “Contract price” means the price payable to the supplier under the contract for the full and proper

performance of his or her contractual obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5. “Countervailing duties” are imposed in cases in which an enterprise abroad is subsidised by its

government and encouraged to market its products internationally.

1.6. „Country of origin” means the place where the goods were mined, grown or produced or from

which the services are supplied. Goods are produced when, through manufacturing, processing

or substantial and major assembly of components, a commercially recognised new product

results that is substantially different in basic characteristics or in purpose or utility from its

components.

1.7. “Day” means calendar day.

1.8. “Delivery” means delivery in compliance with the conditions of the contract or order.

1.9. “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10. “Delivery into consignee’s store or to his site” means delivered and unloaded in the specified

store or depot or on the specified site in compliance with the conditions of the contract or order,

the supplier bearing all risks and charges involved until the supplies are so delivered and a valid

receipt is obtained.

1.11. “Dumping” occurs when a private enterprise abroad markets its goods on its own initiative in the

RSA at lower prices than that of the country of origin, and which action has the potential to harm

the local industries in the RSA.

1.12. “Force majeure” means an event beyond the control of the supplier, not involving the supplier‟s

fault or negligence, and not foreseeable. Such events may include, but are not restricted to, acts

of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

1.13. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of any bidder, and includes collusive

practice among bidders (prior to or after bid submission) designed to establish bid prices at

artificial, non-competitive levels and to deprive the bidder of the benefits of free and open

competition.

1.14. “GCC” means the General Conditions of Contract.

1.15. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16. “Imported content” means that portion of the bidding price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the

supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as landing costs, dock dues, import duty, sales duty or

other similar tax or duty at the South African place of entry as well as transportation and

handling charges to the factory in the Republic where the supplies covered by the bid will be

manufactured.

1.17. “Local content” means that portion of the bidding price which is not included in the imported

content, provided that local manufacture does take place.

1.18. “Manufacture” means the production of products in a factory using labour, materials, components

and machinery, and includes other, related value-adding activities.

1.19. “Order” means an official written order issued for the supply of goods or works or the rendering of

a service.

1.20. “Project site”, where applicable, means the place indicated in bidding documents.

1.21. “Purchaser” means the organisation purchasing the goods.

1.22. “Republic” means the Republic of South Africa.

1.23. “SCC” means the Special Conditions of Contract.