Supply and delivery of personal protective equipment (PPE) with popia compliance for ports regulator of south africa

Evaluation uses the 80/20 preference point system: 80 points for price, 20 points for specific goals. Price points are calculated using the formula: Ps = 80(1 - (Pt - Pmin)/Pmin), where Ps is the score, Pt is the tender price, and Pmin is the lowest acceptable tender price. Specific goals points are awarded based on B-BBEE status level: Level 1: 20 points, Level 2: 18 points, Level 3: 14 points, Level 4: 12 points, Level 5: 8 points, Level 6: 6 points, Level 7: 4 points, Level 8: 2 points, Non-compliant: 0 points. Failure to submit proof for specific goals means no points are claimed. The organ of state may require substantiation of claims at any time.

Price must include all applicable taxes and exclude unconditional discounts. The rand value of the contract is the total estimated value, including all taxes, calculated at the time of bid invitation. Pricing must align with the 80/20 preference point system for this tender.

B-BBEE compliance is mandatory to claim preference points. Points are allocated based on the B-BBEE status level of the contributor. Tenderers must: declare their company type (e.g., Partnership, Sole Proprietorship, Close Corporation, Public Company, (Pty) Ltd, Non-Profit, or State-Owned Company); provide their company registration number; and submit a signed declaration certifying the accuracy of claims. Penalties for fraudulent claims include disqualification, cost recovery, contract cancellation, business restrictions for up to 10 years, and potential criminal prosecution. Compliance with the Preferential Procurement Policy Framework Act, 2000, and the Preferential Procurement Regulations, 2022, is required.

Contractual terms require a signed declaration from the tenderer certifying: the information provided is true and correct; preference points claimed comply with the tender conditions; documentary proof may be required post-award. Penalties for fraudulent claims include: disqualification from the tendering process; recovery of costs, losses, or damages incurred by the organ of state; contract cancellation and damages for less favourable arrangements; business restrictions for up to 10 years for the tenderer, its shareholders, and directors; and potential criminal prosecution. The tenderer must provide company details, including name, registration number, and type (e.g., Partnership, Sole Proprietorship, Close Corporation, Public Company, (Pty) Ltd, Non-Profit, or State-Owned Company).

Department: SUPPLY CHAIN MANAGEMENT. No specific name, email, phone, or address provided in the document.

Submit the following returnable document: Signed Bidder’s Disclosure Form (SBD4) with all declarations completed in full. The form must include: certification of truthfulness and completeness, confirmation of independent bid preparation, and disclosure of any state employment or conflicts of interest. Incomplete or false declarations will result in automatic disqualification.

Required returnable document: Signed Bidder’s Disclosure Form (SBD4) with the following completed: Full certification of the accuracy and completeness of all declarations. Acceptance of potential state action (bid rejection or legal consequences) if declarations are false. Signature, date, position, and name of the bidder.

Bidder must not be listed in the Register for Tender Defaulters or the List of Restricted Suppliers. Bidder or controlling parties must not be state employees unless fully disclosed. No undisclosed relationships with employees of the Ports Regulator of South Africa are permitted. Bid must be submitted independently without collusion, except for joint ventures or consortiums. Bid terms must remain confidential until official opening or contract award. Suspicious bids may be reported to the Competition Commission or National Prosecuting Authority (NPA) for investigation, with potential penalties including public sector restrictions for up to 10 years.

Scope: Supply and delivery of Personal Protective Equipment (PPE) as per the invitation to bid. Bidding is open to any natural or juristic person, subject to compliance with transparency, accountability, impartiality, and ethical principles as per the Constitution of South Africa and relevant legislation.

Disqualification risks: Bidders listed in the Register for Tender Defaulters or the List of Restricted Suppliers will be automatically disqualified. Mandatory declarations: Bidder must disclose if they, their directors, trustees, shareholders, members, partners, or any person with controlling interest are employed by the state. If yes, provide full names, ID numbers, and state employee numbers (if applicable). Bidder must disclose any relationship with employees of the procuring institution. Bidder must disclose any interest in related enterprises, whether or not they are bidding for this contract. Anti-collusion: Bid must be prepared independently without consultation, communication, or agreement with competitors. Joint ventures or consortiums are exempt from this rule. Bid terms must not be disclosed to competitors before official opening or contract award. No prior or ongoing consultations with procuring institution officials are permitted, except for bid clarification requests. Legal consequences: Bidders must certify that all information provided is true and complete. False declarations may result in bid rejection or action under PFMA SCM Instruction 22. Suspicious bids may be reported to the Competition Commission (administrative penalties under Section 59 of the Competition Act) or the National Prosecuting Authority (criminal investigation). Bidders may be restricted from conducting business with the public sector for up to 10 years under the Prevention and Combating of Corrupt Activities Act.

Disqualification: Bidders listed in the Register for Tender Defaulters or the List of Restricted Suppliers will be automatically disqualified. Mandatory disclosures: Bidder must declare if they or any associated individuals (directors, trustees, shareholders, members, partners, or controlling interests) are state employees. If applicable, provide full names, ID numbers, and employee numbers. Bidder must declare any relationship with procuring institution employees. Bidder must declare any interest in related enterprises, regardless of whether they are bidding for this contract. Anti-collusion: Bids must be prepared independently. No agreements or communications with competitors regarding quality, quantity, specifications, prices, or delivery conditions are permitted. Joint ventures or consortiums are exempt. Bid terms must remain confidential until official opening or contract award. No prior or ongoing discussions with procuring institution officials are allowed, except for clarification requests. Legal compliance: Bidders must certify that all information provided is true and complete. False declarations may result in bid rejection or action under PFMA SCM Instruction 22. Suspicious bids may be reported to the Competition Commission or NPA, with potential penalties including public sector restrictions for up to 10 years.

For POPIA-related complaints or objections, contact the Information Regulator:

• Email: [email protected]
• Website: https://www.justice.gov.za/inforeg/ (navigate to 'Contact Us' > 'Complaints')

Submit the following returnable documents as part of the Supplier Declaration Form:

• Signed consent for processing of personal information under POPIA.
• Legal name of the supplier.
• Company registration number or ID number of the respondent/supplier.
• Name of the authorised representative.
• Signature of the authorised representative.
• Date of signature.

Additional requirements:

• Ensure all personal information submitted is complete, accurate, and up to date.
• Confirm awareness of rights under Section 5 of POPIA.
• Declare that all consents for other data subjects' personal information have been obtained, indemnifying the Ports Regulator against any legal or financial penalties arising from non-compliance.

Required returnable documents for the Supplier Declaration Form:

• Legal name of the supplier.
• Company registration number or ID number of the respondent/supplier.
• Name of the authorised representative.
• Signature of the authorised representative.
• Date of signature.

Evaluation is open to suppliers capable of providing PPE and complying with POPIA. Key criteria include:

• Legal status: Must be a legally registered entity (company registration number or ID number required).
• Compliance: Must adhere to South African laws, including POPIA and any other applicable regulations for PPE supply.
• Documentation: Must submit a completed Supplier Declaration Form with consent for personal information processing.

Compliance with the Protection of Personal Information Act (POPIA) is mandatory. Key requirements include:

• Registration and verification on the Central Supplier Database (CSD) for all organs of state.
• Adherence to POPIA principles: Accountability, Processing Limitation, Purpose Specification, Further Processing Limitation, Information Quality, Openness, Security Safeguards, and Data Subject Participation.
• Processing of personal information only with the knowledge and authorisation of the data subject (Respondent).
• Confidentiality of personal information, with disclosure only as required by law or under POPIA exceptions.
• Indemnification of the Ports Regulator against any civil, criminal, or administrative penalties arising from non-compliant processing of personal information.

Contractual terms related to POPIA compliance:

• The Ports Regulator is the Responsible Party, and the Respondent is the Data Subject.
• The Ports Regulator will process personal information only with the Respondent's knowledge and authorisation, treating it as confidential unless disclosure is legally required.
• The Respondent must indemnify the Ports Regulator against any civil, criminal, or administrative penalties arising from the processing of personal information included in the submission.
• Both parties must maintain sufficient measures, policies, and systems to secure information shared or accessed under this form (physically, via computer, or other electronic means).
• The Ports Regulator must notify the Respondent of any unauthorised access, cybercrimes, or suspected cybercrimes and report such incidents to relevant authorities. The Respondent must take remedial steps to mitigate loss or compromise of personal information.

Special conditions under POPIA:

• Compliance with POPIA principles: Accountability, Processing Limitation, Purpose Specification, Further Processing Limitation, Information Quality, Openness, Security Safeguards, and Data Subject Participation.
• The Ports Regulator will process personal information only with the Respondent's knowledge and authorisation, treating it as confidential unless disclosure is legally required or permitted under POPIA.
• The Respondent must comply with all POPIA prescripts concerning information provided to the Ports Regulator.
• Personal information submitted will be processed solely for the purpose of registering the Respondent as a Ports Regulator Vendor, facilitating payments, and managing contracts, audits, legal opinions, and investigations as required by law.
• The Ports Regulator will not modify, amend, or disclose personal data without the Respondent's prior written consent, except as required by law. The Respondent must process the Ports Regulator's personal information in the same manner.
• The Respondent may request confirmation, correction, deletion, or destruction of their personal information held by the Ports Regulator, or withdraw consent, in accordance with POPIA and using Form 2 of the POPIA Regulations.
• The Respondent must confirm awareness of their rights under Section 5 of POPIA.