1
THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED
(SANRAL)
RFP No. FIN63120/63130/2010/1
FOR SERVICES IN RESPECT OF TRAVEL,
ACCOMMODATION, CONFERENCING AND CAR HIRE
ARRANGEMENTS
THIS DOCUMENT COMPILED BY:
The South African National Roads Agency Ltd
1204 Park Street
Hatfield
Pretoria
0083
Tel: (012) 426 6000
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Fax: (012) 362 2101
RFP No. FIN63120/63130/2010/1
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TABLE OF CONTENTS
RFP NOTICE AND INVITATION
REQUEST FOR PROPOSAL
1.
2.
3.
4.
5.
6.
7.
OVERVIEW
BACKGROUND
SCOPE OF THE WORK
GENERAL CONDITIONS
PROPOSAL CONTENT
PROPOSAL EVALUATION AND SELECTION
PROPOSAL RULES
RFP RETURNABLE SCHEDULES
APPENDIX A: PROFORMA LETTER OF APPLICATION
FORM A: CERTIFICATE OF AUTHORITY FOR SINATORY
FORM B: COMPULSORY ENTERPRISE QUESTIONNAIRE
FORM C: SCHEDULE OF VARIATIONS OR DEVIATIONS
FORM D: SCHEDULE OF ADDENDA TO RFP
FORM E: TAX CLEARANCE CERTIFICATE
FORM F: DECLARATION OF INTEREST
FORM G: DECLARATION OF PROPOSER’S PAST SUPPLY CHAIN
MANAGEMENT PRACTICES
FORMH: CERTIFICATE OF INSURANCE COVER
FORM I: TEAM DETAILS
FORM J: PROOF OF REGISTRATION IATA AND ASATA
FORM K: BEE VERIFICATION CERTIFICATE
FORM L: FORM OF AGREEMENT
APPENDIX B: GENERAL CONDITIONS OF CONTRACT
APPENDIX C: SPECIAL CONDITIONS OF CONTRACT
ANNEXURES
Annexure A: Air Travel.
Annexure B: Car Rentals.
Annexure C: Accommodation.
Annexure D: Conferencing and Supply of Support Services.
Annexure E: Payment
Annexure F: Accumulated credits.
Annexure G: Management Reports.
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REQUEST FOR PROPOSAL NOTICE AND INVITATION
RFP NO: FIN63120/63130/2010/1
REQUEST
FOR
PROPOSAL
FOR
SERVICES
IN
RESPECT
OF
TRAVEL,
ACCOMMODATION, CONFERENCING AND CAR HIRE ARRANGEMENTS
The South African National Roads Agency Limited (SANRAL) invites proposals from
qualified Service Provider/s to enter into an agreement for SERVICES IN RESPECT OF
TRAVEL, ACCOMMODATION, CONFERENCING AND CAR HIRE ARRANGEMENTS.
The agreement will be for a base period of 3 (three) years from the date of award, with
the option to renew at the sole discretion of SANRAL and under mutual agreement
providing the pricing, terms and conditions remain the same for any additional period as
agreed upon between SANRAL and the company to whom the contract was awarded.
It is SANRAL’s intent to make an award as a result of this Request for Proposal (RFP).
The provision of these services will be for the period commencing on 01 April 2010 to 31
March 2013.
The South African National Roads Agency Ltd is committed to transformation,
employment equity and staff advancement, and supporting broad based black economic
empowerment.
The primary criteria in selection, apart from costs, will be the degree to which the Service
Provider/s can demonstrate appropriate knowledge and expertise as well as the Service
Provider/s equity profile of management, ownership and implementation as required in
the industry specific charter for this proposal.
Preference will be offered to Service Provider/s who comply with the criteria stated in the
Request for Proposal.
The Request for proposal documents can be directly downloaded from SANRAL’s
website being www.nra.co.za.
SANRAL reserves the right to make the award as a result of this Request for Proposal
as a whole or in part and is under no obligation to accept the lowest or any proposal.
Proposals are to be submitted in the marked Tender box, in the reception area, of
SANRAL’s Northern Region’s Office situated at 38 Ida Street, Menlyn, Pretoria. The
Tender box will only be available for the depositing of proposals between 08h00 and
16h00 on weekdays only (excluding public holidays) The closing time for receipt of
proposals is 17 March 2010 at 14H00.
Telegraphic, telephonic, telex, email, facsimile and late proposals will not be accepted.
Queries relating to issues arising from these documents may be addressed to
Mr Dion Masombuka
Tel: No (012) 426 6000
Fax No (012) 362 2101
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REQUEST FOR PROPOSALS
1. OVERVIEW
The South African National Roads Agency Limited is soliciting proposals from
qualified Service Provider/s to enter into an agreement for services in respect of
travel, accommodation, conferencing and car hire arrangements. The agreement will
be for a base period of three (3) years from the date of award, with an option to
renew for a further period of two (2) years at the sole discretion of SANRAL.
2. BACKROUND
The South African National Roads Agency Limited (SANRAL) is a company
established in terms of the National Roads Act, Act 7 of 1998. It has its main
offices located in Hatfield, Pretoria and has four regional offices namely: Northern
Region (Menlyn, Pretoria), Eastern Region (Pietermaritzburg), Southern Region
(Port Elizabeth) and Western Region (Cape Town). SANRAL requires that travel
and accommodation arrangements in respect of its officials, or non officials
requiring it, in the interest of the SANRAL, be made by a travel agent, with due
consideration of the fact that the travel and accommodation arrangements will be
for persons traveling for official purposes and in the interest of the SANRAL. The
South African Roads Agency Limited therefore requires the services of a
registered IATA (International Air Transport Association) and ASATA
(Association of South African Travel Agents) Travel Management Company
(TMC) for the delivering of quality, innovative and cost efficient travel and product
services. Safe and risk free travel is imperative. SANRAL also expects its
appointed service provider to contribute significantly to SANRAL’s savings
initiative as far as the above services are concerned.
3. SCOPE OF WORK
The South African National Roads Agency Limited (SANRAL) is soliciting
proposals from Service Provider/s that will offer the following services:
3A. GENERAL REQUIREMENTS
The appointed travel agent will be required to, always, assist the SANRAL tasking
officials (person who make booking) concerning travel and accommodation
arrangements for its Head Office located in Hatfield, Pretoria and all its four
regional offices namely: Southern (Port Elizabeth), Eastern (Pietermaritzburg),
Western (Cape Town) and Northern (Menlyn, Pretoria). Each requirement must,
thus, be dealt with in such a manner that the most economical travel or
accommodation is arranged to justify and satisfy the stated requirement. It is to be
noted that bulk procurement of air tickets is not included as a requirement.
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3A.1
Overall requirement.
The South African National Roads Agency’s requirement for
domestic and international travel and accommodation covers
the following in total or in part thereof:
3A.1.
a.
3A.1
3A.1
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Air travel
i
Planning, arranging and amending air travel bookings through
available branch offices and agencies inside or outside South
Africa.
Ii
SANRAL has negotiated a corporate agreement with South
African Airways (SAA) and is therefore SANRAL’s preferred
airline company. The successful Proposer will be expected to
honour this agreement.
Iii
Negotiating and monitoring discounts in travel or credits, on
accumulated expenditure for air travels with SANRAL’s
preferred airline company (South African Airways).
b.
Vehicle rental
I
Booking vehicles with car rental companies and amending any
confirmed bookings if necessary. The vehicles should meet or
exceed SANRAL’s minimum standard vehicle requirements i.e.
All vehicles to be four doors, equipped with air conditioning, air
bags, power steering, Antilock Brake Systems (ABS),
AM/FM/CD radio and all appropriate driver and passenger
safety equipment.
ii
Negotiating discounts on standard tariffs or reduced tariffs with
all service providers.
iii
Preferred car rental companies must always be given
preference.
c.
Accommodation
i
Planning, booking and amending accommodation with any
hotel groups, private hotel or other available concern; for
example guesthouse where such a requirement is referred to
the travel agent.
ii
Negotiating discounts on standard tariffs or reduced tariffs with
all available hotel groups, private hotels or other concerns.
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3A.1
d.
Conferencing
i
Planning, booking and amending conference requirements with
any hotel groups, private hotel or other conference facility,
where such a requirement is referred to the travel agent.
ii
Negotiating discounts on standard tariffs or reduced tariffs with
all service providers.
Note: The SANRAL reserves the right to use other resources to
execute this service.
3A2
SPECIFIC REQUIREMENTS
Support services.
In respect of support services, SANRAL’s
requirements are as follows:
3A2.1
Branch offices and agencies
(a)
Local branch offices or agencies where domestic and/or
international requirements can be planned and/or booked, and
where amendments to bookings can be done, are to be available
in the main centers of South Africa mentioned below:
Pretoria, Port Elizabeth, Cape Town and Pietermaritzburg.
(b)
3A.2.2
Branch offices or agencies with whom liaison exists, where
bookings or amendments to bookings can be done, are to be
available outside South Africa.
Delivery service.
All air tickets and travel documentation will be timeously delivered to
the tasking official (person that makes the booking), his or her nominee
or the point of delivery/collection. Only in exceptional cases and as
mutually agreed between the travel agent and the tasking authority,
may air tickets and travel documentation be collected by members or
nominees of the tasking authority from the travel agent or designated
collection point.
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3A.2.3
24 Hour service.
Personnel from the travel agent must be available on a 24-hour basis,
so that as and when required; unexpected changes to a travel plan or
accommodation can be made.
3A.2.4
Workshops.
The travel agent must arrange regular workshops during which
relations and functioning between the travel agent and the tasking
authorities can be structured and maintained.
3A.2.5
Travel information/tips
Inform the SANRAL via e-mail updated travel information/tips on:
a. Changes in visa requirements
b. Airport rules i.e. baggage weight, etc.
c. Any other information which will aid the SANRAL travellers.
3A.2.6
Loyalty Program
a. Assist the SANRAL in redeeming loyalty programme benefits
on request.
b. Assist on request with the arrangements to make use of
car rental companies express counters
3A.2.7
Visa’s, Forex and Insurance
Assist the SANRAL in obtaining visa’s, forex as and when required.
SANRAL has its own travel insurance and no assistance is required
in this area.
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3A.2.8
Reporting
Describe your company’s ability to report in terms of Annexure G and
supply examples where possible. Please note that emphasize should be
placed on the following:
a. Monthly management reports (or at such intervals as is agreed to)
in a format agreed upon between the service provider and the
SANRAL which should include but not limited to:
i.
spreadsheet detailing travel by requester
ii.
spend analysis (charges made) etc.
iii.
travel destinations etc.
iv.
any other value adding reports
b. Tracks the relevant travel information for reporting purposes which
should include but not limited to:
i method of tracking i.e. system or manual generated reports
ii time needed to compile this report
iii availability i.e. hard copy, e-mail etc.
c. Ability to audit its corporate reporting specific to this account should
Inconsistencies exist between agency and airline driven report results.
3A3
OTHER REQUIREMENTS: The following other requirements must also be
met:
3A.3.1
Management Reports. Management reports on detailed expenses per
completed month for each service, inclusive of all savings, must be
submitted before the last day of the following month. The reports will
reflect detail per region and be in the format as reflected in Annexure
“G” attached.
The submission of the management reports are to be as follows:
i
Detail per region i.e. Head Office SANRAL, etc.
3A.3.2 Tariff / Discount Adjustments. Furnishing notices of imminent tariff
adjustments, especially in respect of air travels, and ensuring
continuous negotiations to ensure lower tariffs or higher discounts.
3A4
.
OPERATING PROCEDURES
The operating procedures for the following are attached as Annexures and form the
basis by which the travel agent will provide the service required and payment will be
done. The operating procedures may be subjected to minor adjustments to ensure
smooth liaison between SANRAL and the appointed travel agent, but only after mutual
consent and written agreement.
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3B
3B1.
a.
Annexure A: Air Travel.
b.
Annexure B: Car Rentals.
c.
Annexure C: Accommodation.
d.
Annexure D: Conferencing and Supply of Support Services.
e.
Annexure E: Payment
f.
Annexure F: Accumulated credits.
g.
Annexure G: Management Reports.
FURTHER REQUIREMENTS
RESPONSIBILITIES
Tasking authority (person who makes the booking). The tasking authorities of
SANRAL will be responsible for the following:
3B1.1
Giving the travel agent the necessary detail so that the required travel and/or
accommodation requirements are understood. In this regard, the following
would have been considered:
i.
Official nature of the travel and accommodation requirements.
ii.
Departure and arrival points/dates and type of required travel.
iii.
Departure and arrival dates and type of accommodation required.
iv.
Any other specific requirements relating to, for example, passenger class
in aircraft to be provided, vehicle rental, etc.
v.
Responsibility and objective codes.
3B1.2
Giving the travel agent a purchase order to authorize the issuance of the
required travel documentation.
3B1.3
Initiate payment after receipt of the necessary proof that the required air travel,
accommodation, car rental service, conference was rendered.
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3B2 Travel Agent.
.
a.
When making bookings for travel and accommodation, preference must be
given to the instructions of the tasking authorities in respect of the following:
i.
Dates, routes, preferred airlines, passenger class, preferred seating and
estimated costs for air travel, preferred method of payment.
ii.
Hotel facilities, location, availability of parking facilities, distance from
airports, public transport, etc. for accommodation.
b.
Alternative arrangements must timeously be suggested if confirming seating or
accommodation arrangement is impossible or if it can be proven that with
deviations to original arrangements, financial savings can be realized.
c.
Advance travel plans and bill of price will be submitted before finalization of the
purchase order, especially in cases where a variety of traveling routes,
accommodation and services are provided.
d.
Issuance of travel documentation after receipt of purchase order from the
tasking official.
e.
Timeously delivery to the tasking official, his or her nominee or point of
delivery/collection, all the required travel documentation, for example air
tickets, vouchers in respect of accommodation or can rentals, etc.
f.
Timeous/submission of proof that the required services have been rendered
and/or used, so that payment can be arranged by the SANRAL, unless
payment had been done in cash or by the individuals concerned. Such proof
will include invoices, on which the required information is reflected.
g.
Timeous submission of the required management reports.
h.
Names, addresses and telephone numbers of all branch offices and agencies,
inside and outside South Africa, and agencies with whom liaison exists outside
South Africa, must be made available on a 24-hour basis to SANRAL.
i.
Ensure confidentiality in respect of all travel and accommodation arrangements
concerning all persons if requested by the SANRAL.
j.
Ensure continued negotiations with suppliers of all services to the benefits of
the SANRAL.
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4. GENERAL CONDITIONS :
4.1 General Terms
This Request for Proposal is issued in terms of the Public Finance
Management Act 1 of 1999 (PFMA), the Preferential Procurement Policy
Framework Act 5 of 2000 (PPPFA), and Supply Chain Management
Regulations issued by the National Treasury.
Parties wishing to submit proposals are required to indicate that they are
willing to accept the General Conditions and Procedures contained in this
document. Please read this document carefully prior to submitting your
proposal.
4.2. The Proposal format
4.2.1 Economy of proposal preparation
The proposal should be prepared simply and economically, providing a
straightforward, concise description of the bid participant’s ability to
meet the requirements of the proposal request. Extravagant proposal
preparations will receive no extra evaluation credit.
Clear factual responses are required. The content of the proposals shall
determine the merit of each participant, not brochures or other
marketing materials. To facilitate the review of proposals, participants
are required to organise their responses according to the format
prescribed in this document. Should a participant wish to provide
additional information, that information should be referred to and
included in a file of Annexures.
4.2.2 Validity of proposals
The proposal must be valid for at least one hundred and twenty (120)
days from the due date for the responses to be submitted.
4.2.3 Number of proposals
Each bid participant must provide two(2) hard copies of their entire
proposal, including all the documentation referred to in this document,
in the format as specified. These will become the property of the
SANRAL, and will not be returned. Receipt of all proposals will be
recorded in a register at the point of receipt. One copy must be signed
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and dated in ink by the bidder or authorized representative of the bidder
and initialled on each page.
4.3
Submission of proposals
4.3.1 Proposals must reach the offices of the SANRAL as specified in the RFP
Notice before 14H00 on 17 March 2010, and must be enclosed in a
sealed envelope which must have clearly inscribed on the outside:
(a)
RFP No: RFP No. FIN63120/63130/2010/1
(b)
RFP for SERVICES IN RESPECT OF TRAVEL, ACCOMMODATION,
CONFERENCING AND CAR HIRE ARRANGEMENTS.
(c)
Closing date: 14H00, 17 March 2010
4.3.2 Proposals are to be submitted in the marked proposal box, in the reception
area, of SANRAL’s Office situated at SANRAL’s Northern Region’s Office
situated at 38 Ida Street, Menlyn, Pretoria. The proposal box will only be
available for the depositing of proposals between 08H00 and 16h00 on
weekdays only (excluding public holidays).
4.3.3 Please note that this RFP closes punctually at 14h00 on 17 March 2010. No
late submissions will be considered under any circumstances whatsoever.
4.3.4 All the documentation referred to in this document must be submitted.
Failure to submit all the documentation referred to in this document may
result in a submission being regarded as non-responsive, and not
considered for evaluation.
4.3.5 The SANRAL shall not disclose any details pertaining to the responses
received to any other participants as this is regarded as confidential
information.
4.3.6 Envelopes must not contain documents relating to any RFP other than
RFP No. FIN63120/63130/2010/1
4.3.7 The responses to this RFP will be opened as soon as practicable after the
expiry of the time advertised for receiving them.
4.3.8 A two envelope procedure will apply as follows:
Place and seal the printed and completed returnable schedules and
proposal as per 5.1 below, together with electronically completed
CD in an envelope marked “TECHNICAL PROPOSAL”
Place and seal the completed Letter of Offer and Acceptance
forms, Pricing Schedule, Breakdown of Rates, the requirements of
5.2 below, and the BEE scorecard together with electronically
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completed CD in an envelope marked “FINANCIAL PROPOSAL”
together with the warning (do not open with Technical Proposal).
Each envelope shall state on the outside the Employer’s address,
contract number and title as well as the tenderer's name,
authorised representative’s name, postal address and contact
telephone numbers.
Seal both envelopes in an outer envelope with the words
“REQUEST FOR PROPOSAL” clearly marked and bearing the
Employer’s name, RFP No. FIN63120/63130/2010/1 and description
as well as the tenderer’s authorized representative’s name, postal
address and contact details.
-
5.
PROPOSAL CONTENT:
5.1 Technical Content of Proposal:
Each technical proposal must contain the following:





Registered Name of Service Provider,
Address, and telephone number,
Full contact details of the principal member/officer of the Service
Provider responsible for administration of the contract.
List of regional/branch office (if any)
Date since Service provider has been providing the services required
in this Request for Proposal
List of all contract/work/services, indicating whether it is current or
completed, provided to other clients in the past three (3) years
Proof of Public Liability cover (certified copy of Insurance Policy or
original letter from underwriter confirming insurance) (only if required in
terms of this Request for Proposal)
Provide a detailed management and operational plan that the Service
Provider propose to deliver the services/work/contract in terms of this
Request for Proposal.
The management and operational plan should at least address the
General and Specific requirements contained in this Request for
Proposal.
The management plan must specify the Service Provider’s capability
for bringing in additional resources, or personnel to meet the needs of
SANRAL in an emergency situation. Identify where the resources will
be obtained and the time required to make them available to SANRAL.
Submit a list of all office and locations as well the capacity of each to
meet the requirements of this proposal including the time required at
each to deliver in terms of the requirements of this Request for
Proposal.






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

Provide information on those individuals assigned to work with
SANRAL including a description of their experience in providing the
services for similar organizations.
Provide a list of at least six (6) of the Service Provider’s clients
comparable to SANRAL indicating the length of service of each
account. SANRAL reserves the right to contact and/or visit any of
these clients.
Provide a copy of the Service Provider’s most recent audited financial
statements.
Provide a list of subcontractors, including addresses, qualifications and
areas of responsibility (if applicable).


5.2
Cost Proposal Content:
The cost proposal will be used in the evaluation of the Request for Proposal
and will be used as a basis for the negotiated agreement. Each cost proposal
should contain the following as a minimum:


Describe how SANRAL will be charged for the service required by
providing a price structure. All charges must be specified and price
separately.
Describe how SANRAL will benefit from cost savings by accepting the
Service Provider’s pricing structure, including discounts, waivers, etc.
Provide various types of services or options, discounts and additional
information that will allow cost savings towards SANRAL.
Provide Direct costs, discounts, benefits, availability of services (eg. 24
hours per day), including a toll free number or any other contact
method to access these services
Describe and provide any Indirect costs
Describe any daily, weekly, monthly rates applicable to providing the
service
Provide information on Sub contractors/consultants, if applicable





6.
PROPOSAL EVALUATION AND SELECTION:
6.1 Basis of Selection
SANRAL will evaluate proposals and select the Service Provider on, inter alia,
the following basis:


The Service Provider plan to assist SANRAL to meet its goals for the
provision of the required services;
The ability of the Service Provider to meet the requirements of the
Preferential Procurement Policy Framework Act. Prospective Service
Provider/s must submit their shareholding structure. Bidders are
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
encouraged to ensure that their bids include a significant BBBEE
component.
The Service Provider’s relevant experience, qualifications and success
in providing the goods and services outlined in this RFP;
The Firm's financial proposal as outlined in the RFP including
discounts, service charges, other charges and fees;
The quality of the proposal, specifically, responsiveness to
requirements and adequacy of information provided;
The quality and experience of the personnel/staff that will be delivering
the services to SANRAL;
The contractual terms which would govern the relationship between
SANRAL and the Selected Service Provider;
Any other factors relevant to the Service Provider's capacity and
willingness to satisfy the SANRAL requirements.





6.2 Evaluation and Adjudication
The evaluation and Adjudication of the Proposals will strictly be dealt with in
terms of the PFMA, Treasury regulations and Supply Chain Management.
Technical and Financial proposals will be evaluated separately. It is therefore
important that the two proposals are separated on submission.
6.3 WEIGHT EVALUATION CRITERIA:
The preference points system as prescribed in the Preferential Procurement
Policy Framework Act will be applied as follows:

The 80/20 system for procurement up to a value of R500 000-00

The 90/10 system for procurement exceeding R500 000-00
The weighting for evaluation is summarised below:
Adjudication Category for Services
Weighting
Technical
80
Capability
Infrastructure of company
40
Suitability
Evaluation based on the quality of the response, feasibility, quality
and content.
40
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Pricing
Ranking of the pricing, feasibility and sustainability of the service delivery based
on the price provided.
10
BEE Compliance
Conformance of the Service Provider based upon a BBBEE Verification Certificate
issued by a BEE Verification Agency
10
TOTAL
100
The minimum percentage of evaluation points for Technical is 80% but may be adjusted
at SANRAL’s discretion in the event that tenders fail to achieve the threshold in sufficient
number to allow a competitive analysis. All Financial Proposals of Proposer’s whose
Technical Proposal does not meet the above evaluation points will be returned
unopened to the Proposer.
7 PROPOSAL RULES
NOTE:
Only entities who are in good standing with the South African Revenue Services
and with the necessary experience and capacity to execute these services
satisfactorily need submit a Proposal. Should SANRAL require more information
in order to permit a full appraisal of the Proposer’s experience and capacity to
execute these services satisfactorily, such information shall be provided within
five days of being called upon to do so.
7.1
LETTER OF APPLICATION
7.1.1 The RFP shall be signed and witnessed on the letter of application
incorporated herein. The proposal shall be fully priced and totalled in the
currency of the Republic of South Africa to show the amount of the
proposal. All forms, certificates and schedules shall be completed and
signed in black ink.
7.1.2 Where the space provided in the Appendix is insufficient, separate
schedules may be drawn up in accordance with the given formats. These
schedules shall then be submitted with the proposal documents. All such
schedules shall be signed.
7.2 SIGNING OF PROPOSAL
The proposal shall be signed by a person duly authorised to do so. A proposal
submitted by a corporation shall bear the seal of the corporation and be
attested by its secretary. Proposals submitted by joint ventures of two or more
firms shall be accompanied by the document of formation of the joint venture,
authenticated by a notary public or other official deputed to witness sworn
statements, in which is defined precisely the conditions under which the joint
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venture will function, its period of duration, the persons authorised to represent
and obligate it, the participation of the several firms forming the joint venture,
and any other information necessary to permit a full appraisal of its
functioning.
7.3 PROPOSAL ALL-INCLUSIVE
The proposer shall allow in the proposal for all fees related to professional
services, electronic equipment, all taxes, levies, duties and everything
necessary for the execution and completion of the services in accordance with
the proposal documents. Value Added Tax (VAT) shall be excluded from the
rates and prices.
7.4 ALTERATIONS TO PROPOSAL DOCUMENTS
7.4.1 No unauthorised alteration or addition shall be made to the letter of
proposal or any other part of the proposal documents. If any such
alteration or addition is made or if the proposal is not properly completed,
the proposal may be rejected.
7.4.2 Proposals submitted in accordance with this Request for Proposal shall be
without any qualifications. The proposer shall request SANRAL in writing
at least 5(five) working days prior to the closing date of this Request for
Proposal to clarify any point. SANRAL shall inform all the proposers of all
such points in question (3) three days prior to the closing date.
7.5 PROPOSAL QUALIFICATION
Should the proposer, despite the provisions of proposal rule 7.4, wish to
amend or qualify the proposal documents, such amendment or
qualification shall be expressly set out with full details in the proposal
submission. Any qualification or amendment not expressly set out shall
not have any force or effect.
7.6 ALTERNATIVE PROPOSALS
7.6.1 If, in addition, the proposer desires to submit for consideration any
alternative method of rendering the services, each alternative proposal
shall be submitted independently and shall be fully priced
7.6.2 No alternative proposal shall be considered unless a proposal based
strictly on the Request for Proposal is also submitted.
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7.6.3 When a qualified proposal is submitted, it shall be compiled in the form of
an alternative offer, showing the financial and other implications of the
alternative to the postulated Request for Proposal.
7.7 CONFIDENTIAL NATURE OF DOCUMENTS
7.7.1 All recipients of the Request for Proposal documents (whether or not a
proposal is submitted) shall treat the details of the documents as
confidential.
7.7.2 No part of the proposal may be reproduced without the permission of the
South African National Roads Agency Limited. This Request for Proposal
document contains confidential information regarding this proposal and
SANRAL. By accepting this document the recipient and all its participating
members agree that they:
7.7.2.1
Will cause their members/directors, officers, employees,
agents, advisors and representatives to use this document
only to evaluate their possible involvement in this contract
and for no other purpose;
7.7.2.2
Subject to the above paragraph, will not divulge or distribute
any such information or pass any copies of this document
without the prior written approval of SANRAL and will return
this document together with all copies thereof and of such
information to SANRAL promptly upon being requested to do
so. Each recipient agrees to maintain the confidentiality of all
information supplied to it in connection with the contract, and
agrees to keep its own proposal confidential.
7.7.2.3
All data and details submitted by the proposers will be kept
strictly confidential by SANRAL.
7.8 COST INCURRED BY PROPOSER
SANRAL shall not be responsible for, or pay for, any expenses or losses
which may be incurred by the proposer in the preparation and submission
of the proposal or in visiting the site in connection therewith.
7.9 ATTENDANCE AT REQUEST FOR PROPOSAL' MEETING
Attendance at the Request for Proposal’ meeting is compulsory
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7.10
PROPOSAL ACCEPTANCE
7.10.1 SANRAL does not bind itself to accept the lowest or any other proposal.
No correspondence will be entered into with regard to its decision.
7.10.2 SANRAL will only consider proposals from proposers who can prove to
the satisfaction of SANRAL that they:
a)
have the necessary financial resources to undertake and complete
the services;
b)
are experienced in the performance of services of a similar scope,
complexity, extent and duration. In making an assessment in this
regard, SANRAL shall be entitled to have regard to, inter alia, the
scope, complexity, extent and duration of previous services
undertaken or proposed for by the proposer;
c)
have sufficient employees who possess the high level of skill and
expertise commensurate with the type of services proposed for,
which skill and expertise must be detailed in the proposal.
7.10.3 SANRAL reserves to itself the right, in its sole discretion, to reject any
proposal where it appears to SANRAL that the proposer does not comply
with any of the requirements set out above.
7.11 PROPOSAL WITHDRAWAL OR MODIFICATION PRIOR TO CLOSING
DATE
7.11.1 Any proposer has the right to withdraw, modify or correct his proposal
after it has been delivered, provided that the written request for such
withdrawal, modification or correction, together with full details of such
modification or correction is received in the same form as the original
submission, at the address given for the submission of Request for
Proposals before the closing date and hour set for the receipt thereof.
7.11.2 The original proposal as amended by such written communication shall be
considered the proposer’s offer.
7.12
PROPOSAL WITHDRAWAL OR MODIFICATION AFTER CLOSING
DATE
7.12.1 SANRAL may ask any proposer for a clarification of his proposal, or to
amend or adjust imbalanced proposed rates; nevertheless no proposer
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shall be permitted to alter his proposal sum after the proposals have been
opened. However, clarifications or amendments to imbalanced proposed
rates which do not change the proposal sum may be accepted.
7.12.2 Proposals shall remain valid for a period of One hundred and twenty
days(120) days from the time set for the receipt of proposals and no
proposal may be withdrawn during this period unless SANRAL informs the
proposer in writing before the end of this period that his proposal is not
accepted.
7.12.3 Should a proposer amend or withdraw his proposal after the time set for
the receipt of proposals and during the period of its validity, but prior to his
being notified of the acceptance of his original proposal, or should a
proposer, after having been notified that his proposal has been accepted(a) give notice of his inability to execute the contract in terms of his
proposal; or
(b) fail to sign a contract with SANRAL; or
(c) fail to execute the contract according to the contract documents;
he shall pay either the difference between his proposal and a less
favorable proposal accepted, or if SANRAL decides to invite fresh
proposals, all additional expenses which SANRAL has to incur in this
regard, as well as any difference between his proposal and the accepted
new proposal; provided that SANRAL may fully or partly exempt a
proposer from the provisions of this sub rule if he is of the opinion that the
circumstances justify the exemption.
7.12.4 When, in the circumstances mentioned in sub rule 7.12.3 it is not deemed
desirable to invite fresh proposals, SANRAL may accept another proposal
from those already received.
7.13
CANCELLATION OF CONTRACT
7.13.1 If SANRAL is satisfied that any person (being an employee, partner,
director or shareholder of the proposer or a person acting on behalf of or
with the knowledge of the proposer), firm or company:
a)
is executing a contract with SANRAL unsatisfactorily;
b)
has offered, promised or given a bribe or other gift or remuneration
to any officer or employee in the Public Service or in any Organ of
State in connection with obtaining or executing a contract;
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c)
has acted in a fraudulent manner or in bad faith or in any other
unsatisfactory manner in obtaining or executing a contract with any
government department, provincial administration, public body,
company, Organ of State or person, or that he has managed his
affairs in such a way that he has in consequence thereof been
found guilty of a criminal offence;
d)
has approached an officer or employee in the Public Service or in
any Organ of State or in the employ of SANRAL before or after
proposals have been called for, to influence the award of the
contract in his favour;
e)
has withdrawn or amended his proposal after the time set for the
receipt and opening of proposals;
f)
when advised that his proposal has been accepted, has given
notice of his inability to execute or sign the contract;
g)
has entered into any agreement or arrangement, whether legally
binding or not, with any other person, firm or company to refrain
from proposaling for a contract, or as to the amount of the proposal
to be submitted by either party;
h)
has disclosed to any other person, firm or company the exact or
approximate amount of his proposed proposal except where
disclosure, in confidence, was necessary to obtain insurance
premium quotations required for the preparation of the proposal; or
i)
had made any misrepresentation to SANRAL, either in its proposal
documents or in any other manner whatsoever regarding the
matters referred to in rule 10 above, or its experience, capability or
potential to execute the works proposed for to SANRAL’s
satisfaction;
SANRAL may, in addition to any claim which he may have in terms of rule
7.12, and in addition to any other legal recourse, cancel any contract
between SANRAL and such person, firm or company and no proposal
from such person, firm or company will be favourably considered for such
period as SANRAL, in its sole discretion, may specify. Any cancellation in
terms of this rule shall not entitle the proposer to any claim for
compensation or damages from SANRAL.
7.13.2 If SANRAL is satisfied that any person, firm or company is or was a
shareholder, a director or key employee of a firm or company which, in
terms of sub rule 7.13(1), is one from which no proposal will be favourably
considered for a specified period, SANRAL may also decide that no
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proposal from such person, firm or company shall be favourably
considered for such specified period.
7.13.3 Any restriction imposed upon any person, firm or company shall, for the
purpose of this rule, apply to any other undertaking with which such
person, firm or company is actively associated. The expression "firm or
company" shall include an authorised employee or agent of such person,
firm or company.
7.13.4 SANRAL may take any decision of a State Proposal Board, including
those of other Organs of State, SA Post Office Ltd, Telkom SA Ltd,
Transnet Ltd, or any provincial administration with regard to the restriction
of a proposer as being applicable to proposals for SANRAL from such
proposer.
7.13.5 Decisions of SANRAL in terms of sub rules 7.13.1 to 7.13.4 and any
revocation or variation of such decisions shall be communicated by
SANRAL to all the proposal boards concerned.
7.13.6 SANRAL shall be entitled, notwithstanding anything to the contrary
contained in the proposal rules, not to consider any proposal received
from any person, firm or company where such person, firm, company or
shareholder or director of such company is involved in any form of
litigation or legal proceedings with SANRAL or such litigation or legal
proceedings is likely to be instituted in the near future.
7.13.7 For the purpose of the proposal rules, the expressions “company”,
“shareholder’ and “director” shall include a close corporation and member.
7.14
LEGAL ASPECTS
7.14.1 The laws of the Republic of South Africa shall be applicable to each
contract created by the acceptance of a proposal and each proposer shall
indicate a place in the Republic of South Africa and specify it in his
proposal as his domicilium citandi et executandi (permanent physical
business address) where any legal process may be served on him.
7.14.2 Each proposer shall undertake to accept the jurisdiction of the law-courts
of the Republic of South Africa.
7.14.3 In the case of a proposal from an entity not resident in the Republic of
South Africa (foreign) the proposer shall state in his proposal the name of
his accredited agent in the Republic of South Africa in whom the
necessary legal capacity is vested and who has been duly appointed to
sign any contract.
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7.15
SUBMISSION OF PROPOSALS
7.15.1 All proposals and supporting documents shall be submitted strictly in
accordance with the instructions given in the official Request for Proposal
Notice.
7.15.2 All proposals and supporting documents shall be sealed in an envelope or
package clearly marked in accordance with the requirements in this
Request for Proposal.
7.15.3 Delivery of the proposal shall be one of the following:
(a) by hand, in which case the sealed envelope shall be deposited in the
proposal box at the address stated in the Request for Proposal Notice,
or
(b) by mail, in which case the sealed envelope shall be sealed in another
envelope clearly addressed to the address stated in the Request for
Proposal Notice.
7.15.4 In each case, proposals shall reach the stipulated address not later than
the closing hour and date given in the Request for Proposal Notice.
7.16
ADDITIONAL INFORMATION REQUIRED
7.16.1 The proposer shall submit with his proposal the information, data and
calculations as applicable and as required in terms of the provisions of the
proposal documents. SANRAL reserves the right, in its sole discretion, to
call for additional information. SANRAL further reserves the right, in its
discretion, to call for any clarification, amplification and/or further details
relating to the rates, margins or other information reflected in the proposal,
as well as details concerning the method and manner in which the
proposer intends to perform the work and the proposer’s capabilities in
that regard. The proposer shall furnish such additional information within
five days of being called upon to do so.
7.16.2 The proposer shall make full allowance in the relevant fees for all costs in
connection with the preparation and furnishing of any other or additional
information required by SANRAL.
7.16.3 SANRAL reserves the right, in its sole discretion, to appoint a firm of
chartered accountants and/or other suitably qualified persons to report on
the financial resources, standing with the South African Revenue Services
regarding all taxes, including Value Added Tax, management structure
and ownership of any proposer and/or to verify the correctness of any of
the information furnished to SANRAL by the proposer. The proposer shall
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provide all reasonable assistance in such an investigation and shall, within
five days from receiving any request for information pursuant to such
investigation, comply with such request.
7.16.4 All written information submitted by the proposer, together with and in
support of his proposal, or subsequently in response of a request for
additional information from SANRAL, shall form the basis on which the
proposal has been prepared and submitted.
7.16.5 Any failure on the part of the proposer to supply information requested by
SANRAL, or to fully co-operate with any investigation, shall afford
SANRAL the right, in its sole discretion, to reject the proposal.
7.17
AMENDMENTS TO PROPOSAL BY SANRAL
Arithmetical errors and imbalanced unit rates
7.17.1 Check responsive proposals for arithmetical errors, correcting them in the
following manner:


Where there is a discrepancy between the amounts in figures and in
words, the amount in words shall govern
If a Pricing Schedule (or schedule of quantities or schedule of rates)
applies and there is an error in the line item total resulting from the
product of the unit rate and the quantity, the unit rate shall govern and
the line item shall be corrected. However, where there is an obviously
gross misplacement of the decimal point in the unit rate, the unit rate
will be corrected.
Where there is an error in the total of the prices either as a result of
other corrections required by this checking process or in the proposer’s
addition of prices, the total of the prices shall be corrected.

7.17.2 Check responsive tender offers for imbalanced unit rates and request
proposers to consider amending and adjusting any rates declared
imbalanced by the SANRAL while retaining the total of the prices derived
after any correction made in terms of this Proposal Rules.
7.17.3 Consider the rejection of a proposal if the proposer does not correct or
accept the correction of his arithmetical errors or amend/adjust an
imbalanced unit rate in the manner described above.
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7.18
DISQUALIFICATION OF PROPOSAL
The proposal of any proposer who has not conformed to these proposal
rules and the instructions reflected in the official Proposal Notice may be
disqualified at the sole discretion of SANRAL.
7.19
DELEGATION OF AUTHORITY BY EMPLOYER
SANRAL may delegate any power vested in it by virtue of these rules to
an officer or employee of SANRAL.
7.20
STAMP DUTIES
All stamp duties in connection with the contract shall be paid by the
service provider.
7.21
PROPOSAL RULES ARE BINDING
The proposal rules as well as the instructions given in the official Proposal
Notice shall be binding on all proposers submitting proposals for the
service or services stated in the proposal documents.
7.22
LANGUAGE OF THE CONTRACT
The proposal documents have been drafted in English. Each contract
which originates from the acceptance of the proposal shall be interpreted
and construed in English.
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RETURNABLE SCHEDULES
LIST OF RETURNABLE SCHEDULES
Notes to Proposers:
Returnable schedules includes Appendices, forms, certificates and schedules
for completion by the proposer for use in the quantitative and qualitative
evaluation of the Proposal as well as other returnable documents for
completion by the Proposer and which will subsequently be incorporated into
the contract.
Failure to fully complete the relevant returnable documents shall render such
a proposal unresponsive.
Proposers shall note that their signatures appended to each returnable form
represents a declaration that they vouch for the accuracy and correctness of
the information provided, including the information provided by candidates
proposed for the specified key positions.
Notwithstanding any check or audit conducted by or on behalf of the
SANRAL, the information provided in the returnable documents is accepted in
good faith and as justification for entering into a contract with the proposer. If
subsequently any information is found to be incorrect such discovery shall be
taken as wilful misrepresentation by that proposer to induce the contract. In
such event the SANRAL has the discretionary right to terminate the contract.
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APPENDIX A
PRO-FORMA LETTER OF APPLICATION FOR
[Letterhead
of the Proposer or partner responsible for a joint venture / consortium, including registration number, full
postal address, and telephone, facsimile and e-mail addresses]
Date:______________________
To
:
The South African National Roads Agency Ltd.
APPLICATION FOR PROPOSAL
1.
Being duly authorised to represent and act on behalf of
___________________________ (hereinafter referred to as “the
Proposere”), and having reviewed and fully understood the entire Request
for Proposal (RFP) document and information provided, the undersigned
hereby applies for proposal consideration.
2.
SANRAL and its authorized representatives are hereby authorized to
conduct any inquiries or investigations to verify the statements, documents,
and information submitted in connection with this proposal, and to seek
clarification from our bankers and clients regarding any financial and
technical aspects. This Letter of Application will also serve as authorization
to any individual or authorized representative of any institution referred to in
the supporting information to provide such information deemed necessary
and as requested by yourselves to verify statements and information
provided in this application, such as the resources, experience, and
competence of the Proposer.
3.
SANRAL and its authorized representatives may contact the following
persons for further information.1
GENERAL AND MANAGERIAL INQUIRIES
Name
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Address and communication details
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Name
Address and communication details
PERSONNEL INQUIRIES
Name
Address and communication details
Name
Address and communication details
TECHNICAL INQUIRIES
Name
Address and communication details
Name
Address and communication details
FINANCIAL INQUIRIES
Name
Address and communication details
Name
Address and communication details
1
Applications by joint venture / consortiums should provide on separate sheet the same
information for each party to the application.
4.
This application is made with the full understanding that:
(a) Proposers will be subject to verification of all information submitted at the
time of the proposal.
(b) SANRAL reserves the right to:
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 Amend the scope of the RFP, in which event, proposals will be
invited only from those Proposers who meet the resulting
amended qualification requirements; and
 Reject or accept any application.
(c) SANRAL shall not be liable for any such actions under 4(b) above.
5.
Appended to this application, we give details of the participation of each
party, including capital contribution and profit/loss agreements in the joint
venture(if applicable) or association. We also specify the financial
commitment in terms of the percentage of the value of the contract, and the
responsibilities for execution of the contract.2
6.
We confirm that if we submit a proposal for the Project, any resulting
contract will be2:
(a)
(b)
7.
signed so as to legally bind all partners, jointly and severally; and
submitted with a joint venture / consortium agreement providing the
joint and several liability of all partners in the event the contract is
awarded to us.
The undersigned declare that the statements made and the information
provided in the duly completed application are complete, true, and correct in
every detail.
Signed
_________________________
Name
_________________________
For and on behalf of (name of Proposer or lead partner of a joint venture /
consortium)
_____________________________
____________________
2
If the Applicant is not a Joint venture / consortium, please delete paragraphs 5 and 6 and
initial the deletions.
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FORM A:
CERTIFICATE OF AUTHORITY FOR SIGNATORY
Notes to Proposer:
The signatory for the Proposer shall confirm his/her authority thereto by attaching a duly
signed and dated copy of the relevant resolution of the board of directors/partners.
Alternatively this form may be used directly. It is deemed that whoever authorizes the
signatory has the capacity to commit the Proposer to enter into contracts.
In the event that the Proposer is a joint venture, a certificate of authority for signatory is
required from all members of the joint venture and the designated lead member shall be
clearly identified
By resolution of the board of directors/partners passed at a meeting held on ............................
Mr/Ms ................................................................. , whose signature appears below, has
been duly authorised to sign all documents in connection with the Proposal for contract
no.
NRA (insert contract no. and description) ..................................................................................
and any contract which may arise there from on behalf of (enter name of Proposer in
block capitals)
.......................................
..................................................................................................................................................
SIGNED ON BEHALF OF THE COMPANY: ............................................................................
IN HIS/HER CAPACITY AS: ....................................................................................................
DATE: ......................................................................................................................................
SIGNATURE OF SIGNATORY: ..............................
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FORM B:
COMPULSORY ENTERPRISE QUESTIONNAIRE
The following particulars must be furnished. In the case of a joint venture, separate enterprise
questionnaires in respect of each partner must be completed and submitted.
Section 1:
Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2:
VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3:
CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4:
Particulars of sole proprietors and partners in partnerships
Name*
Identity number*
Personal income tax number*
* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners
Section 5:
Particulars of companies and close corporations
Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6: Record in the service of the state
Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or
director, manager, principal shareholder or stakeholder in a company or close corporation is currently
or has been within the last 12 months in the service of any of the following:
 a member of any municipal council
 a member of any provincial legislature
 a member of the National Assembly or the
National Council of Province
 a member of the board of directors of any
municipal entity
 an official of any municipality or municipal
entity

an employee of any provincial department,
national or provincial public entity or
constitutional institution within the meaning of
the Public Finance Management Act, 1999 (Act
1 of 1999)
 a member of an accounting authority of any
national or provincial public entity

an employee of Parliament or a provincial
legislature
If any of the above boxes are marked, disclose the following:
Name of sole proprietor,
partner, director, manager,
principal
shareholder
or
stakeholder
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Name of institution, public office, board
or organ of state and position held
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Status of service
(tick appropriate
column)
Current
Within last
12 months
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32
*insert separate page if necessary
Section 7: Record of spouses, children and parents in the service of the state
Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole
proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a
company or close corporation is currently or has been within the last 12 months been in the service of
any of the following:
 a member of any municipal council
 a member of any provincial
legislature
 a member of the National Assembly
or the National Council of Province
 a member of the board of directors of
any municipal entity
 an official of any municipality or
municipal entity
Name of spouse, child or
parent

an employee of any provincial department,
national or provincial public entity or
constitutional institution within the meaning of
the Public Finance Management Act, 1999 (Act
1 of 1999)

a member of an accounting authority of any
national or provincial public entity

an employee of Parliament or a provincial
legislature
Name of institution, public office, board
or organ of state and position held
Status of service
(tick appropriate
column)
Current Within last
12 months
*insert separate page if necessary
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:
i) authorizes the SANRAL to obtain a tax clearance certificate from the South African Revenue
Services that my / our tax matters are in order;
ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director
or other person, who wholly or partly exercises, or may exercise, control over the enterprise
appears on the Register of Tender Defaulters established in terms of the Prevention and
Combating of Corrupt Activities Act of 2004;
iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may
exercise, control over the enterprise, has within the last five years been convicted of fraud or
corruption;
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iv) confirms that I / we are not associated, linked or involved with any other tendering entities
submitting tender offers and have no other relationship with any of the tenderers or those
responsible for compiling the scope of work that could cause or be interpreted as a conflict of
interest; and
iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the
best of my belief both true and correct.
Signed
Date
Name
Position
Enterprise
name
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FORM C:
PAGE
SCHEDULE OF VARIATIONS OR DEVIATIONS BY PROPROSER
DESCRIPTION
SIGNED ON BEHALF OF TENDERER: ....................................................................................
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FORM D:
SCHEDULE OF ADDENDA TO REQUEST FOR PROPOSAL
We confirm that the following communications received from the SANRAL before the
submission of this RFP offer, amending the tender documents, have been taken into account
in this RFP:
Date
Title or Details
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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FORM E:
TAX CLEARANCE CERTIFICATE REQUIREMENTS
IT IS A CONDITION OF THIS PROPOSAL THAT THE TAXES OF THE SUCCESSFUL
PROPOSER MUST BE IN ORDER, OR THAT SATISFACTORY ARRANGEMENTS
HAVE BEEN MADE WITH SOUTH AFRICAN REVENUE SERVICES (SARS) TO MEET
THE PROPOSER’S TAX OBLIGATIONS.
1.
In order to meet this requirement proposers are required to complete in full form
TCC 001 “Application for a Tax Clearance Certificate” and submit it to any
SARS office nationally. The Tax Clearance Certificate Requirements are also
applicable to foreign Proposers / individuals who wish to submit proposals.
2.
SARS will then furnish the Proposer with a Tax Clearance certificate that will be
valid for a period of 1 (one) year from the date of approval.
3.
The ORIGINAL Tax clearance Certificate must be submitted together with this
Proposal. Failure to submit the original and valid Tax Clearance Certificate will
result in the invalidation of the Proposal. Certified copies of the Tax Clearance
Certificate will not be accepted.
4.
In Proposals where Consortia/Joint Ventures/Sub-Proposers are involved, each
party must submit a separate ORIGINAL Tax Clearance Certificate.
5.
Copies of the TCC 001 “Application for a tax Clearance Certificate” form are
available from any SARS branch or nationally on the website www.sars.gov.za
Applications for the Tax Clearance Certificates may also be made via e-Filing. In order to
use this provision, taxpayers will need to register with SARS as e-Filers through the
website www.sars.gov.za.
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Form F:
1.
DECLARATION OF INTEREST
Any legal person, including persons employed by the principal, or persons
having a kinship with persons employed by the principal, including a blood
relationship, may make an offer or offers in terms of this invitation to propose. In
view of possible allegations of favouritism, should the resulting Proposal, or part
thereof, be awarded to persons employed by the principal, or to persons
connected with or related to them, it is required that the Proposer or his/her
authorised representative declare his/her position in relation to the
evaluating/adjudicating authority and/or take an oath declaring his/her interest,
where:
the Proposer is employed by the principal; and/or
the Proposer is a board member
the legal person on whose behalf the Proposal document is signed, has a
relationship with persons/a person who are/is involved in the evaluation and
or adjudication of the Proposer(s), or where it is known that such a
relationship exists between the person or persons for or on whose behalf
the declarant acts and persons who are involved with the evaluation and or
adjudication of the Proposal.
2.
In order to give effect to the above, the following questionnaire must be
completed and submitted with the Proposal.
2.1
Are you or any person connected with the Proposer, employed by YES/NO
the principal?
2.1.2
If so, state particulars.
2.2
Do you, or any person connected with the Proposer, have any YES/NO
relationship (family, friend, other) with a person employed by the
principal and who may be involved with the evaluation and or
adjudication of this Proposal?
2.2.1
If so, state particulars
2.3
Are you, or any person connected with the Proposer, aware of any YES/NO
relationship (family, friend, other) between the Proposer and any
person employed by the principal who may be involved with the
evaluation and or adjudication of this Proposal?
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2.3.1
3.
If so, state particulars
DECLARATION
I, THE UNDERSIGNED (NAME)
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPH 2.1 TO 2.3.1
ABOVE IS CORRECT. I ACCEPT THAT THE PRINCIPAL MAY ACT AGAINST ME IN
TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT
SHOULD THIS DECLARATION PROVE TO BE FALSE.
Signature
Position
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Date
Name of Proposer
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DECLARATION OF PROPOSER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
Form G:
In order to give effect to the above, the following questionnaire must be completed and
submitted with the proposal.
Item
1.
1.1
2.
2.1
3.
3.1
4.
4.1
Question
Yes
Is the Proposer or any of its directors listed on the National
Treasury’s database as companies or persons prohibited from
doing business with the public sector?
If so, furnish particulars:
No
Is the Proposer or any of its directors listed on the Register for
Proposal Defaulters in terms of section 29 of the Prevention
and Combating of Corrupt Activities Act (No 12 of 2004)?
If so, furnish particulars:
Was the Proposer or any of its directors convicted by a court
of law (including a court outside the Republic of South Africa)
for fraud or corruption during the past five years?
If so, furnish particulars:
Was any contract between the Proposer and any organ of
state terminated during the past five years on account of
failure to perform on or comply with the contract?
If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)
______________________________________
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE
AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE
TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
__________________________________
Signature
Date
__________________________________
Position
______________________________
Name of Proposer
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Form H: CERTIFICATE OF INSURANCE COVER
The Proposer shall provide the following details of insurance cover:
Name of Proposer: ......................................................................
Period of Validity: ........................................................................
Value of Insurance:
Professional Indemnity (for each and every case)
Company:...................................................................
Value:.........................................................................
General public liability
Company:...................................................................
Value:.........................................................................
SIGNED ON BEHALF OF THE PROPOSER: ......................................................
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Form I
TEAM DETAILS
In this section Proposers must provide details of the team named in the previous part.
The Proposers must provide a summary chart containing all the people to be used.
Name
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Position in
team
Current
position
Years of
Education
experience
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Relevant
specialist
areas of
knowledge
demonstrating
suitability for
position
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Form J:
PROOF OF REGISTRATION WITH IATA AND ASATA
Please attach certified copies as proof of registration with IATA and ASATA to this
page:
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Form K:
BEE VERIFICATION CERTIFICATE
Please attach hereto a BEE Verification Certificate issued by a BEE Verification
Agency for allocating preference points during the evaluation and adjudication
process for this Request for Proposal.
Please note that in terms of Government Notice 810 of 31 July 2009, only BEE
verification certificates issued by Accredited Verification Agencies or Verification
Agencies that are in possession of a valid pre-assessment letter from the South
African National Accreditation System will be valid.
However, despite the above, all verification certificates issued by non-accredited
verification agencies issued before 01 February 2010, will be valid for twelve
months from date of issues and shall be acceptable to SANRAL if valid at the
time of submission of Tender.
I the event that no certificate is attached or the BEE Verification Agency does not
comply with the above, preference points of zero (0) will be allocated.
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FORM I: LITIGATION HISTORY FOR
Name of Applicant or Partner of a Joint Venture / Consortium
____________________________________________________________________
Applicants, including each of the partners of a joint venture / consortium, shall provide
information on any history of litigation or arbitration resulting from contracts executed in the last
five years or currently under execution. A separate sheet should be used for each partner of a joint
venture / consortium.
(For RSA Rand Equivalent use exchange rate US$1 = R7 or €1 = R9 or £1 = R12)
Year
Award for or
Against
Applicant
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Name of Client, Cause of Litigation, and
Matter in Dispute
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Disputed Amount
(current value,
RSA Rand
Equivalent
Signature
________________________
:
Designation
______________________
:
Company
________________________
:
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APPENDIX B: GENERAL CONDITIONS OF CONTRACT
1.1
AGREEMENT
1.1.1
Upon acceptance of its quotation the successful Supplier shall enter into a
agreement with SANRAL by completing and signing the Form of Agreement in
Form L.
1.2
DEFINITIONS
1.2.1
In the Agreement (as hereinafter defined) the following words and expressions
shall have the meanings hereby assigned to them, except where the context
requires otherwise:
“Agreement” shall mean this agreement including all annexures and
appendices thereto and any written supplementary agreements which may be
validly concluded between the parties thereto.
"Supplier" means the person or persons, partnership, company or firm whose
quotation has been accepted for the execution of the agreement work as
specified in this agreement and includes the Supplier’s legally appointed
representatives, heirs, successors, assignees, executors, administrators,
trustees or sureties of such person, persons, partnership, company or firm.
“SANRAL” means The SOUTH AFRICAN NATIONAL ROADS AGENCY
LIMITED instituted in terms of the South African National Roads Agency Limited
and National Roads Act (Act No 7 of 1998) or a person delegated by the South
African National Roads Agency Limited to act on its behalf.
“Site” shall refer to the various SANRAL offices located in Pretoria - Hatfield,
Pretoria -Menlyn, Cape Town - Belville, Port Elizabeth and Pietermaritzburg.
“Works", "Supply Agreement", or "Agreement" shall mean the works
described and specified in the Request for Proposal.
1.2.2
All references to days shall mean days of 24 (twenty four) hours duration
commencing at midnight (00h00) and which shall include non-working days
unless otherwise stated.
1.2.3
The headings of clauses in the Agreement are for reference purposes only and
shall not be taken into account in construing the context thereof.
1.2.4
In the Agreement unless inconsistent with the context, the words “notice”,
“notify”,” notification”, “certification” and “issue” shall connote an act to be carried
out in writing.
1.2.5
In the Agreement, unless inconsistent with the context, the masculine includes
the other gender, the singular includes the plural and vice versa, and persons
shall include bodies corporate.
Any document or notice sent by a party in terms of the Agreement by prepaid
registered post addressed to the other party at his domicilium citandi et
1.2.6
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executandi shall be deemed to have reached the other party within 7 (seven)
days from date of posting.
1.2.7
The Agreement constitutes the whole agreement between the parties and no
variation, amendment or addition to any of the terms and conditions shall have
any force or effect unless reduced to writing and signed by both the parties.
1.2.8
The law applicable to this agreement is the law of the Republic of South Africa.
1.2.9
The Request for Proposal document has been drafted in English, which language
shall apply to this Agreement.
1.3
GENERAL
1.3.1
The Supplier holds harmless and indemnifies SANRAL from and against all
claims, demands, proceedings, damages, costs, charges and expenses
whatsoever arising out of or in connection with any failure to perform obligations
or to fulfil liabilities and, without limiting the generality of the foregoing, the
Supplier holds harmless and indemnifies SANRAL from and against:
1.3.1.1 Any negligence by the Supplier, his agents, workmen and servants;
1.3.1.1 Any claims from the aforesaid;
1.3.1.5 Any injuries and/or damages incurred in performing the works.
1.4
WARRANTIES AND REPRESENTATIONS
1.4.1
The Supplier warrants and represents that:
1.4.1.1 the Supplier has full capacity and authority and all necessary licences, permits
and consents (including but not limited to, where its circumstances and
procedures so require, the consent of its Parent Company) to enter into and to
perform this Agreement;
1.4.1.2 this Agreement is executed by a duly authorised representative of the Supplier;
1.4.1.3 the provision of the Services and SANRAL’s use thereof shall not infringe on any
Intellectual Property Rights of any third party and indemnifies SANRAL in respect
of any claim arising out of SANRAL's use thereof;
1.4.1.4 the services shall be supplied and rendered by appropriately experienced,
qualified and trained personnel with all due skill, care and diligence. SANRAL
reserves the right to call upon the Supplier to remove any personnel whom in its
opinion is incompetent;
1.4.1.5 the Supplier shall discharge its obligations hereunder with all due skill, care and
shall perform all Services in terms of this Agreement with the highest standards
consistent with, and applicable to the industry, practice and its own established
internal procedures;
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1.4.1.6 the services shall be performed in compliance with all applicable laws,
enactments, orders, regulations, and other similar rules and directives;
1.4.1.7 the services satisfy the Functional Specifications and Performance Criteria and
all components and Equipment supplied and/or used in the course of the
provision of the Services shall operate in accordance with their technical
specifications;
1.4.1.8 the provision of the services shall not cause electrical interferences beyond the
limits laid down in the relevant standard specifications,
1.4.1.9 all equipment supplied is new and unused;
1.4.1.10all statements and representations made to SANRAL are, to the best of its
knowledge, information and belief, true and accurate and that it will advise
SANRAL of any fact, matter or circumstance of which it may become aware
which would render any such statement or representation to be false or
misleading.
1.5
AGREEMENT PRICE ADJUSTMENT
1.5.1
The Supplier shall allow for exchange rate variation, if applicable, for the whole of
the Works and shall arrange forward cover if so desired. The cost thereof shall
be for the account of the Supplier, and shall be deemed to be included in the
rates tendered.
1.6
ASSIGNMENT AND SUBLETTING
1.6.1
The Supplier shall not cede or delegate his rights or obligations in respect of the
whole or any part of this Agreement.
1.6.2
The Supplier shall not sublet the whole or any part of the Works without the prior
written consent of SANRAL.
1.6.3
This consent of SANRAL to any subcontracting permitted hereunder:
1.6.3.1 shall not imply a agreement between SANRAL and the Subcontractor or any
responsibility or liability on the part of SANRAL to the Subcontractor; or
1.6.3.2 shall not relieve the Supplier from any liability or responsibility for the acts,
neglect, omission or any Default of its Subcontractors.
1.7
INTELLECTUAL PROPERTY RIGHTS INDEMNITY
1.7.1
The Supplier shall indemnify SANRAL against all claims, demands, actions,
costs, expenses (including but not limited to legal costs and disbursements on an
attorney and SANRAL scale), losses and damages arising from or incurred by
reason of any infringement or alleged infringement (including but not limited to
the defence of such alleged infringement) in South Africa of any Intellectual
Property Right arising out of or consequent upon the services rendered by the
Supplier to SANRAL.
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1.7.2
The Supplier shall promptly notify SANRAL if any claim or demand is made or
action brought against the Supplier for infringement or alleged infringement of
any Intellectual Property Right.
1.7.3
If a claim or demand is made or action brought to which Clause 1.7.1 may apply
or in the reasonable opinion of the Supplier is likely to made or brought, the
Supplier shall at its own expense either:
1.7.3.1 Modify any or all of the services without reducing the performance and
functionality, or substitute alternative services of equivalent performance and
functionality for any or all of the services, so as to avoid the infringement or the
alleged infringement, provided that the terms of this Agreement shall apply
mutatis mutandis to such modified or substituted services and such modified or
substituted services shall be acceptable to SANRAL, who will not unreasonably
withhold such acceptance; or
1.7.3.2 Procure a royalty free licence to use the service on terms which are acceptable
to SANRAL.
1.8
CANCELLATION BY SANRAL
1.8.1
This Agreement may be cancelled by SANRAL in the event of:
1.8.1.1 Failure by the Supplier to proceed with his obligations in terms of this Agreement
with due care, skill and diligence; and
1.8.1.2 In the event of insolvency or liquidation of the Supplier.
1.8.2
Should the Supplier default as listed in Clause 1.8.1, SANRAL shall deliver a
Notice of Cancellation to the Supplier and cancel the agreement forthwith.
1.8.3
Where this Agreement is cancelled as contemplated above the Supplier shall
immediately vacate the site and hand over to SANRAL all documents and papers
which relates to the works either in printed or electronic form as may be
prescribed by SANRAL. SANRAL shall within 14 (fourteen) days after date of
cancellation prepare an account of the service rendered by the Supplier prior to
date of such cancellation and no further payment shall be made to the Supplier
until after completion of the project.
1.8.4
SANRAL shall be entitled to deduct from any payment due to the Supplier any
additional cost, losses, disbursements and damages incurred or sustained by
SANRAL by reason or in consequence of the cancellation of this Agreement, or
demand payment in terms of the Guarantee.
1.8.5
The guarantee delivered by the Supplier in terms of this Agreement shall remain
in force until completion of the project.
1.9
PUBLICITY
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1.9.1
Neither party shall use the name or any other material and Information of the
other in publicity releases or advertising or for other promotional purposes,
without securing the prior written approval of the other party.
1.9.2
Both parties shall take all reasonable steps to ensure the observance of the
provisions of this Clause 1.9 by all their employees, agents, Sub-Suppliers and
Service Providers.
1.9.3
Notwithstanding the provisions of Clause 1.9.1 above, SANRAL shall be entitled
to publicise the Agreement in accordance with any legal or quasi-legal obligation
upon SANRAL.
1.10
GIFTS AND PAYMENTS OF COMMISSION
1.10.1 The Supplier shall not:
1.10.1.1
Offer or give or agree to give any person of SANRAL any gift or
consideration of any kind as an inducement or reward for doing or
forbearing to do or for having done or forborne to do any act in relation to
the obtaining or performance of this Agreement or any other Agreement
with SANRAL
1.10.1.2
or for showing or forbearing to show favour or disfavour to any person in
relation to this Agreement; nor
1.10.1.3
Enter into this Agreement if in connection with it commission has been
paid or agreed to be paid to any person of SANRAL by the Supplier or on
the Supplier’s behalf or to the Supplier’s knowledge, unless before this
Agreement particulars of any commission and of the terms and conditions
of any Agreement for the payment thereof have been disclosed in writing
to SANRAL.
1.10.2 In the event of any breach of Clause 1.10.1 by the Supplier or by anyone
employed by the Supplier or acting on the Supplier’s behalf in relation to this
Agreement or any other agreement with SANRAL, SANRAL may summarily
terminate this Agreement by notice in writing to the Supplier and withhold all
payments due to the Supplier for completed work. Provided always that such
termination shall not prejudice or affect any right of action or remedy which shall
have accrued or shall accrue thereafter to SANRAL and provided always that
SANRAL may recover from the Supplier the amount or value of any such gift,
consideration or commission.
1.10.3 The decision of SANRAL shall be final and conclusive in any dispute, difference
or question arising in respect of:
1.10.3.1
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The interpretation of this Clause (except insofar as the same may relate
to the amount recoverable from the Supplier under Clause 1.10.2 in
respect of any loss resulting from such termination of this Agreement);
and/or
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1.10.3.2
The right of SANRAL under Clause 1.9.3 to terminate this Agreement;
and/or
1.10.3.3
The amount of value of any such gift, consideration or commission.
1.10.4 In the event that any gift, consideration or commission was solicited by any
employee of SANRAL, this shall immediately be disclosed in writing to SANRAL.
1.11
FORCE MAJEURE
1.11.1 For the purpose of this Agreement the expression “Force Majeure” shall mean a
cause affecting the performance by a party of its obligations arising from acts,
events, omissions, happenings or non-happenings beyond its reasonable control
including (but without limiting the generality thereof) acts of God, fire, flood, or
any disaster, governmental regulations, war, rebellion or other military action.
Any act, event, omission, happening or non-happening will only be considered
Force Majeure if it is not attributable to the wilful act, neglect or failure to take
reasonable precautions of the effected party, its employees, agents, SubSuppliers or Service Providers.
1.11.2 Neither party shall in any circumstances be liable to the other for any loss of any
kind whatsoever including but not limited to any damages whether directly or
indirectly caused to or incurred by the other party by reason of any failure or
delay in the performance of its obligations hereunder which is due to Force
Majeure. Notwithstanding the foregoing, each party shall use all reasonable
endeavours to continue to perform, or resume performance of such obligations
hereunder for the duration of such Force Majeure event.
1.11.3 If either of the parties shall become aware of circumstances of Force Majeure
which give rise to or which are likely to give rise to any such failure or delay on its
part it shall forthwith notify the other by the most expeditious method available
and shall inform the other of the period which it is estimated that failure or delay
shall continue.
1.11.4 It is expressly agreed that any failure by the Supplier to perform or any delay by
the Supplier in performing its obligations under this Agreement which results from
any failure or delay in the performance of its obligations by any person, firm or
company with which the Supplier shall have entered into any such agreement,
supply arrangement or sub-contract or otherwise, shall be regarded as a failure
or delay due to Force Majeure only in the event that such person, firm or
company shall itself be prevented from or delayed in complying with its
obligations under such agreement, supply arrangement or subcontract or
otherwise as a result of circumstances of Force Majeure.
1.11.5 If a party fails to inform the other party of the Force Majeure event concerned as
set out in this Clause, then such party shall thereafter not be entitled to refer to or
rely on such Force Majeure as a reason for non-fulfilment of any obligation in
terms of this Agreement, provided that this obligation to perform shall not apply if
a Force Majeure event is known by both parties or the party is unable to inform
the other party due to the Force Majeure event.
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1.11.6 If the Force Majeure continues for more than 90 (ninety) days, either party shall
have the right to terminate this Agreement with immediate affect.
1.12
SEVERABILITY
1.12.1 If any court of competent jurisdiction holds any provision of this Agreement
invalid, illegal, unlawful or unenforceable for any reason, such provision shall be
severed and the remainder of the provisions hereof shall continue in full force
and effect as if this Agreement had been executed with the invalid, illegal or
unenforceable provision eliminated.
1.12.2 In the event of a holding of invalidity so fundamental as to prevent the
accomplishment of the purpose of this Agreement, SANRAL and the Supplier
shall agree to meet and review the matter and if any valid and enforceable
means is reasonably available to achieve the same objective as the invalid or
unenforceable provision, to adopt such means by mutual agreement by way of
variation of the Agreement.
1.13
WAIVER
1.13.1 The failure of either party to insist upon strict performance of any provision of this
Agreement, or the failure of either party to exercise any right or remedy to which
it is entitled hereunder, shall not constitute a waiver thereof and shall not cause a
diminution of the obligations established by this Agreement.
1.13.2 A waiver of any Default shall not constitute a waiver of any subsequent default.
1.14
SUCCESSION
1.14.1 This Agreement shall be binding on the successors in title, assignees,
administrators, executors and heirs of either party.
1.15
INSURANCE
1.15.1 The Supplier shall act and take out insurance and maintain at his own cost such
insurance as he deems necessary to cover his responsibilities in terms of the
Agreement including the deductible excesses of the insurance. SANRAL shall
be at liberty to examine the insurance purchased.
1.16
COMMENCEMENT AND PROGRAMME
1.16.1 The Supplier shall commence the Works as specified herein, and shall proceed
with the same with due expedition and without delay except as may be expressly
sanctioned or ordered by SANRAL or be completed beyond the control of the
Supplier.
1.17
TIME FOR COMPLETION
1.17.1 The Works shall be executed by the date specified herein or such extended time
as may be provided for in terms of the Agreement.
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1.18
FAILURE TO PERFORM
1.18.1 If the Supplier fails to execute the Works by the date of completion or within the
constraints and limitations detailed in the Agreement, the Supplier shall
reimburse SANRAL for the costs reasonably incurred in arranging for the works
or duties or tasks which the Supplier has consistently failed to execute
satisfactorily to be carried out by others on his behalf, in accordance with the
provisions of the Agreement.
1.18.2 SANRAL may, without prejudice to any other form of recovery, deduct such sum
or sums from any monies due or which may become due to the Supplier.
1.18.3 The payment or deduction of such sum or sums shall not relieve the Supplier of
his obligation to complete the Works or from any of his obligations or liabilities
under the Agreement.
1.18.4 A penalty of half (0.5) percent of the total agreement value per calendar day or
part thereof shall be applicable for late-completion or non-completion of the
Works.
1.18.5 Penalties will be applied for non-performance during the Maintenance Phase of
the Works as specified.
1.19
TRAVELLING
1.19.1 The Supplier is to include all travelling and delivery cost in his quotation, for
which no extra costs will be paid.
1.20
SITE ACCOMMODATION
1.20.1 No supplier personnel will be allowed to stay on site.
1.20.2 No offices are available on site for the supplier.
1.21
EQUIPMENT AND MATERIALS
1.21.1 The Supplier must safeguard all material and equipment. This responsibility
passes to SANRAL from the date that an Inspection Release Certificate in
respect of the completed system installation is handed over. It will be the
Suppliers responsibility to take out any necessary insurance cover.
1.21.2 The Supplier can under no circumstance make use of any other Supplier or
subcontractor’s equipment on site to complete their work, without the prior written
consent of the other Supplier or subcontractor.
1.22
SOFTWARE LICENCING
1.22.1 The Supplier shall procure all software in the name of SANRAL and deliver the
original of all such licenses and software to SANRAL before the completion of the
Installation Phase of the Works.
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1.23
VACATION OF SITE
1.23.1 The Supplier shall hand the site back to SANRAL in the same condition as it was
before the commencement of the works. Failing to do so, SANRAL will effect all
repairs, replacement and/or cleaning necessary to return the site to its original
condition. All costs associated herewith will be deducted from the payment due to
the Supplier.
1.24
MEASUREMENT AND PAYMENT
1.24.1 The Supplier shall submit to SANRAL, on completion of the Works and
acceptance thereof by SANRAL, in a form that SANRAL may reasonably require,
an invoice of the amount it claims in accordance with the provisions of this
Agreement.
1.24.2 Payment shall be made within 30 (thirty) calendar days of receipt by SANRAL (at
its nominated address for invoices) of a valid invoice and statement, from the
Supplier.
1.24.3 If any sum payable under this Agreement is not paid within 30 (thirty) calendar
days after the due date then (without prejudice to the Supplier’s other rights and
remedies) the Supplier shall be entitled to receive interest compounded monthly
on the amount owing during the period of delay. Interest shall be calculated at 1
(one) percentage point above the prime rate charged by the Supplier’s bank at
the time. The Supplier shall be entitled to such payment without formal notice.
1.25
SETTLEMENT AND DISPUTES
1.25.1 Any dispute or difference of any kind whatsoever between SANRAL and the
Supplier in connection with or arising out of this Agreement (whether during the
execution of the agreement works or after their completion and whether before or
after the termination, abandonment or breach of this Agreement) shall be settled
by reference to SANRAL.
1.25.2 If a dispute cannot be settled between the two parties, then the chief executive
officers of the two parties shall meet and endeavour to resolve issues between
them.
1.25.3 If the agreement between chief executive officers cannot be reach within 49
(forty-nine) calendar days after receipt by one Party of the other Party’s request
to do so, the dispute may be submitted by either party to the Court having
jurisdiction in the matter for relief.
1.25.4 Notwithstanding any contrary provisions in this Agreement, any Party shall have
the right to approach the High Court for any relief.
1.26
NON RENOUNCEMENT OF STATUTORY POWERS
1.26.1 Notwithstanding any provision contained in this Agreement or any right or
obligations arising there from:
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1.26.1.1
SANRAL does not renounce any of its statutory powers; and
1.26.1.2
both parties record SANRAL's power to act in accordance with the
existing or future acts of Parliament or regulations made by virtue thereof
and that this Agreement shall not affect such powers in any way
whatsoever; and
1.26.1.3
SANRAL shall have the right to refuse to furnish any information or
documentation that the Supplier may request in terms of this Agreement if
SANRAL is of the opinion, based on reasonable grounds, that such
information or documentation is confidential, or if the disclosure of such
information or documentation will infringe another party's copyright or any
other right or breach a relation of trust between SANRAL and another
party.
1.27
ENTIRE AGREEMENT
1.27.1 The Agreement constitutes the entire understanding between the parties relating
to the subject matter of this Agreement and supersedes all prior representations,
negotiations or understandings, proposals or prior arrangements, oral or written
with respect hereto, except in respect of any fraudulent misrepresentation made
by either party.
1.27.2 The Supplier shall be deemed to have waived and renounced any condition
printed upon any stationary used by them for the purpose of or in connection with
the submission of the quotation.
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APPENDIX C
SPECIAL CONDITIONS OF CONTRACT
Service Level Agreement
The successful service provider will be required to sign a mutually agreed service
level agreement (SLA) which may include the indication and refinement of
parameters and will include a quality guarantee/insurance and penalty clauses.
The SLA will be entered into prior to the commencement of services.
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ANNEXURE ‘A’
PRO CE D UR E S R ELA T I N G T O A IR TRA VE L
1.
Identify requirement: A member of SANRAL identifies a need to travel by a commercial airline
company from point A to B. The requirement is submitted to the relevant official to obtain approval
with an indication that funds are available. Such a requirement would have been properly defined and
require no significant changes. Should changes be required, they would be based on positive
recommendations from the travel agent or to the advantage of SANRAL.
2.
Authorize request: The SANRAL authority appointed to approve request for travelling, reviews the
request and approves it if in order. Only the Chief Executive Officer can approve international
travel.
3.
Preliminary bookings: If approved to travel, the official is referred to the tasking authority, who will
contact the travel agent and make preliminary bookings. Such bookings will be for the account of the
relevant tasking authorities and may not enable travelers to gain any personal benefits individually.
4.
Group travel: In case of more than one person travelling together, bookings may be combined.
However, separate air tickets will be issued to individual persons.
5.
Authorized Issuance of air ticket: The travel agent will be issued with the following whereby the
issuance of the air ticket is authorized by SANRAL.
a.
Travel authorization: It is to be noted that, if a combined preliminary booking had been
made for a group of travelers, each traveler is to be reflected on the travel authorization.
6.
Issuance of air tickets: Only when the official trip authority purchase order number or copy of the
purchase form is received, will the travel agent confirm the preliminary booking by issuing the air
ticket to the tasking authority.
7.
Delivery of air ticket: The travel agent will deliver the air ticket to the tasking authority, his or her
nominee or the point of delivery or collection.
8.
Collection of air tickets: It is to be noted that only in exceptional cases, as mutually agreed between
the travel agent and the tasking authorities, may air tickets be collected from the passenger services
at airports. In such cases, arrangements are to be made by the tasking authorities to ensure that air
tickets had been collected and are liable for payment.
9.
Distribution of documentation: The distribution of documentation will be as follows:
a.
10.
Trip authority: The following people will be in possession of the i.
The travel agent will have an original purchase order.
ii.
SANRAL’s Financial Support service will keep the copy of the purchase order.
iii
The tasking authority will also have a copy.
Changes to air travel arrangements:
In cases of changes occurring to the original travel
arrangements, the tasking authority is to liaise with the travel agent and make the necessary
arrangements, with the proviso that such changes are confirmed in writing. The following actions
will be taken for the indicated cases:
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10.
a.
Cancellation of travel: The cancelled air ticket is to be handed back to the tasking authority,
which will return the air ticket to the travel agent. If payment had been made in cash or an
invoice had already been submitted to SANRAL, a credit note will be processed. In the event of
cancellation fees being levied, the travel agent is to invoice SANRAL accordingly.
10.
b.
Changes to travel: The tasking authority is timeously to approach the travel agent and have the
original bookings cancelled. The following will then apply:
11.
12.
i.
No changes in tariffs: The tasking authority will obtain stickers from the travel agent with
the new travelling particulars thereon and stick them onto the relevant air tickets, by that
activating the air tickets for use within the prescribed period in which the air tickets are
still valid.
ii.
Changes in tariffs or levying of additional fees: The tasking authority, who will return
the relevant air ticket to the travel agent so that a new ticket can be issued. The tasking
authority is to also forward an additional trip authority to cover the increase in tariffs. The
amendment is to be confirmed in writing.
Replacement of lost air ticket: The following actions have to be taken:
a.
The tasking authority will report the loss of the air ticket to the nearest office of the SA Police
Services, approach the travel agent to cancel the relevant air ticket and submit the reference
number of the particular case as provided by SA Police Services to the travel agent.
b.
The travel agent will approach the airline company concerned to cancel the relevant air ticket
and submit the particulars of the report to the SA Police Services.
c.
A new ticket will be issued and forwarded to the tasking authority, but only once the above
procedures have been followed.
d.
In case of an invoice already issued and submitted to the tasking authority, a document showing
the change in the air ticket number only on the invoice is to be submitted to the tasking
authority.
e.
The passenger/travel agent must complete an indemnity form; the lost ticket must be black
listed for the period of validation. Also bear in mind, those airline policies on the replacement
of lost air tickets exists.
a.
Prior knowledge: The tasking authority is to provide either the traveler with the estimated
amount of money, or the travel agent with a Purchase Order number, depending on the volume
and cost of the excess involved.
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ANNEXURE ‘B’
PRO CE D UR E S R ELA T I N G T O V E HIC L E R E NTA LS
1.
Identify requirement: An official of SANRAL identifies a need to use a vehicle during a visit away
from his or place of employment.
2.
Request for rented vehicle: The official submits the requisition (internally generated form) for the
renting of a vehicle for use during the intended visit to the relevant authority for approval.
3.
Authorize request: The responsible authority reviews the request and approves it if in order.
4.
Preliminary bookings: If approved the official is referred to the tasking authority, which will contact
the travel agent and make preliminary bookings. The travel agent will in all instances book vehicles in
the cheapest group, unless instructed in writing to the contrary by the tasking authority.
5.
Method of payment directly to the travel agent: The SANRAL will effect payment of vehicle rentals
directly to the travel agent after receipt of such invoices on a monthly basis.
6.
Authorize issuance of voucher for rental: The travel agent will be issued with a Purchase Order
number, whereby the issuance of the voucher for rental is authorized by SANRAL. The original
Purchase Order will be sent or delivered to the travel agent.
7.
Issuance of voucher for rental: When the Purchase Order is received; the travel agent will confirm
the preliminary booking by issuing the voucher for rental to the tasking authority.
8.
Delivery of voucher for rental: The travel agent will deliver the voucher for the rental to the
tasking authority, his or her nominee or the point of delivery or collection.
9.
Collection of voucher for rental: It is to be noted that only in exceptional cases, as mutually agreed
between the travel agent and the tasking authorities, may vouchers for rental be collected from the
travel agent or at car rental companies.
10.
Accompanying documents: The following documents will be provided to the official for whom
vehicles have been arranged:
a.
b.
c.
11.
Voucher for rental: The voucher for rental will enable the official to uplift the vehicle
arranged for him or her.
Trip authority: officials to indicate the various points visited will complete the trip authority.
Accident/Incident report: the official must in all incidences complete this report if the vehicle
was involved in an accident or when it has been damaged through an accident or theft.
Distribution of documentations: The distribution of documents will be as follows:
a.
Accident/Incident report: the official must complete this report if the vehicle was involved in
an accident or when it has been damaged through an accident or theft.
The following concerns must be in possession of:
i.
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The travel agent will have the facsimile copy of the Accident/Incident Report.
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b.
12.
13.
ii.
SANRAL will keep the original copy of the Accident/Incident Report.
iii.
The tasking authority will keep a copy.
Voucher for Rental: The traveler will have the voucher for rental for handling over to the car
rental company concerned.
Signing Rental Agreement: At the destination the official approaches the relevant car rental
company or meets the representative of the car rental company delivering the vehicle and hands in
the voucher for rental. The official will correctly complete and sign the rental agreement on behalf of
SANRAL. In respect of the following aspects on the rental agreement, the official will NOT accept and
sign for these insurances as SANRAL officials are covered by SANRAL’s own insurance.
a.
3rd Party Insurance – Damage (bodily injury or property) caused to third parties.
b.
Personal accident insurance (PAI).
c.
Collision damage waivers or Collision Damage Insurance (CDW/CDI).
d.
Loss and Damage Waiver or Loss and Damage Insurance (LDW/LDI).
e.
Theft waivers or Theft Insurance (TW/TI).
Changes in vehicle rental agreements: If changes occur to the original vehicle rental arrangements,
which are cancellation or changes to the date or time the vehicle is required, the tasking authority is
to liaise with the travel agent and make the necessary arrangements, with the proviso that such
changes are confirmed in writing. The following actions will be taken for the indicated cases:
a.
Cancellation of vehicle rental: The voucher for rental is to be returned by the tasking
authority to the travel agent who will cancel the booking.
b.
Changes to vehicle rental: The tasking authority is timeously to approach the travel agent and
have the original bookings changed.
14.
Replacement of lost voucher for rental: The travel agent will issue a new voucher for rental and
forward it to the tasking authority.
15.
Receipt of rented vehicles: Before taking receipt of the vehicle, the official is to ensure that the
vehicle is in good order, condition and repair, properly filled with petrol, oil and water, and that the
mileage on the odometer corresponds with the mileage entered on the rental agreement. Any
irregularity or deviation is to be referred to the car rental company before departure or within a
reasonable period, for example 30 minutes, if departure is not imminent.
16.
Return of rented vehicles: When returning the vehicle, the official is to ensure that the vehicle is in
a good order, condition and repair. The mileage on the odometer is to be noted and estimation made
of the quantity of petrol required to refill the petrol tank. In case of damages to the vehicle and/or
damages to or theft of certain items of the vehicle, the exact nature of the damages and or theft is to
be reported to the service provider.
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21.
Vehicle collision/Accident/Theft report: In case of any collision accident or theft of the rented
vehicle, or damage to or theft of items from the rented vehicle, the official will immediately report
the occurrence to the car rental company and the transport manager of the Department and
complete all required documentation. If this is not possible, the official will supply the car rental
company with all relevant documents, statements or particulars concerning the occurrence as it had
been reported to the police or traffic authorities.
22.
Accident/Theft / Report: In case of any collision, accident or theft of the rented vehicle, or damage
to or theft of items from the rented vehicle, the official must complete the required documentation.
All relevant documents, statements, or particulars concerning the occurrence must accompany the
accident or theft and be handed in to the Transport Department for further action.
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ANNEXURE ‘C’
PRO CE D UR E S R ELA T I N G T O A RRA NG E ME N T S F OR A CC O MM O DA T I O N
1.
Identify requirement: An official of SANRAL identifies a need to be accommodated during a visit
away from his or her head quarters.
2.
Authorize request: The authority appointed to approve request for use of accommodation, reviews
the request and approves it if in order.
4.
Preliminary bookings: If approved the accommodation must be reserved and the official is referred
to the tasking authority, who will contact the travel agent and make preliminary bookings. The travel
agent will, in all instances, make reservations in the cheapest group, unless instructed in writing to
the contrary by the tasking authority.
5.
Group travel: In case of more than one person requiring accommodation, bookings may be combined.
The travel agent must issue one voucher for accommodation in respect of the combined booking.
5.
Method of payment: The South African Roads Agency will effect payment for accommodation
directly to the travel agent after receipt of invoice.
6.
Authorized Issuance of voucher for accommodation: The travel agent will be issued with a
Purchase Order number, whereby the issuance of the voucher for rental is authorized by SANRAL. The
Purchase Order will be provided to the travel agent.
7.
Procedure of voucher for accommodation
a.
Delivery of voucher for accommodation: The travel agent will deliver the voucher for
accommodation to the tasking authority, his or her nominee or the point of delivery or
collection.
b.
Collection of voucher for accommodation: It is to be noted that only in exceptional cases, as
mutually agreed between the travel agent and the tasking authorities, may vouchers for
accommodation be collected from the travel agent.
c.
Changes to accommodation arrangements: If changes occur to the original accommodation
arrangements, the tasking authority is to liaise with travel agent and make the necessary
arrangements, with the proviso that such changes are confirmed in writing. The following
actions will be taken for the indicated cases:
i.
Cancellation of accommodation: The voucher for accommodation is to be returned by the
tasking authority to the travel agent who will cancel the booking.
ii.
Changes to accommodation arrangements: The tasking authority is to timeously approach
the travel agent and have the original bookings changed.
8.
Replacement of lost voucher for accommodation: The travel agent will issue a new voucher for
accommodation and forward it to the tasking authority.
9.
Non-utilization of accommodation: In the event of the accommodation not being used as booked and
the concerns not timeously being advised of any cancellation or changes to the bookings, such nonutilization of accommodation is to be reported to the relevant tasking authorities.
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ANNEXURE ‘D’
PRO CE D UR E S
S ERV IC E S
RE LA T I NG
TO
C O N F ER E NC I NG
A ND
TO
T HE
S UPP LY
OF
S UP P ORT I NG
1.
Identify requirement: The official establishes whether any supporting services are required and that
funds are available to finance it. Such supporting could relate to, among others, receptions at
airports, arrangements for conferences etc. Requests for these supporting services will be submitted
to the relevant authority for approval.
2.
Authorize request: The authority authorized to approve request of this nature will review the
request and approve it if in order.
3.
Preliminary Arrangements: If the request is approved, the official is referred to the tasking
authority, which will contact the travel agent and make preliminary arrangements.
4.
Price quotations: To enable the tasking authorities to have a record of applicable tariffs, the travel
agent is to give the tasking authority price quotations for each type of supporting service required.
5.
Establish method of payment: The tasking authority will establish which method of payment will be
used in consultation with the travel agent.
6.
Authorize Arrangements: Depending on the method of payment, the travel agent will be issued with
the necessary documentation, whereby the arrangements will be authorized by SANRAL.
7.
Provision of Supporting Services: The travel agent is to ensure that the required supporting service
is provided.
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ANNEXURE ‘E’
PRO CE D UR E S R ELA T I N G T O PA Y ME N T
1.
Submission of invoices: If travel authorizations were submitted to the travel agent, the travel agent
will give SANRAL the required invoices on a weekly basis and statements on a monthly basis. The
invoices are to contain the following minimum basic information and additional specific information
relating to the indicated service provided:
a.
b.
c.
1.
d.
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Basic information:
i.
Invoice number and date.
ii.
Travel agent’s name, address, and office of issue and consultant’s name.
iii.
Official’s name and designation.
iv.
Travel purchase order number (NB: a copy of this purchase order must be submitted with
all invoices).
v.
Amount (including VAT).
Air Travel Information:
i.
Date of travel.
ii.
Air ticket number.
iii.
Airline company’s name.
iv.
Passenger’s name.
Vehicle Rental Information:
i.
Date and period of vehicle rental.
ii.
Car rental company’s name.
iii.
Driver’s name.
iv.
Copy of car rental company’s invoice.
Accommodation:
i.
Date and period of accommodation.
ii.
Service Provider.
iii.
Name of Official.
iv.
Copy of service provider’s invoice and detailed service vouchers.
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e.
2.
3.
4.
Supporting Services:
i.
Date service was provided.
ii.
Service provider.
iii.
SANRAL official member concerned.
iv.
Copy of service provider’s invoice and detailed service vouchers.
Certification of Invoices: Upon receipt of invoices, the relevant accounting support staff will check
the following:
a.
Basic check: Ensure that invoices compare with the relevant documentation.
b.
Air travel: Ensure that the air tickets issued compare with relevant information of the air
tickets reflected in the invoices and with copies of the travel authorization form. In case of the
issue of a replacement air ticket for a lost air ticket, a supporting document verifying the
change is to be attached to the invoice.
c.
Vehicle rental: Ensure that the information on the invoices relates to the information on the
travel authorization form.
d.
Supporting services: Ensure that the officials concerned certify on the invoices that the
supporting services have been provided and that the information on the invoices is correct.
Submission for payment: Payment will be effected to the Financial Support upon receipt of the
following documentation:
a.
Payment copies of the relevant documentation.
b.
Original invoices.
c.
Correspondence amending the amounts or amending numbers of relevant tickets replacing lost
tickets on invoices.
Payment: The following methods of payment will occur:
When the payment documentation is received, Financial Support will verify that all the required
documentation had been received and is correct before authorizing payment. If required, electronic
payment into the travel agent’s bank account can be arranged.
5.
Credit notes: Credit notes are to contain the following minimum information:
a.
Credit note number and date.
b.
Travel agent’s name and address, and consultant’s name.
c.
Official’s name and designation.
d.
Travel authorization number.
e.
Invoice number and date.
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f.
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Amount (including VAT).
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ANNEXURE ‘F’
PRO CE D UR E S R ELA T I N G T O A CC UM U LA T E D C RE DI T S
1.
Information concerning accumulated credits: The travel agent will advise SANRAL of credits
relating to the relevant airline companies. The information is to reflect credits earned, used and
outstanding.
2.
Processing of air tickets against accumulated credits:
a.
Recording of credits used: The travel agent will ensure that the use of credits is properly
recorded with the relevant airline companies.
b.
Conditions applicable to air tickets used against accumulated credits: The following
conditions will be applicable to the used air tickets against the accumulated credits:
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i.
All travels will be official and in accordance with SANRAL’s policy.
ii.
The air tickets will only be for use on the airline companies concerned.
iii.
Once the air tickets are issued against the accumulated credit, any cancellation of air
tickets thereafter will not reinstate such credits used.
iii.
Once the available credit has decreased to an amount not able to cover the value of an
air ticket, the balance is to be retained until the next credits are advised. This implies
that part payment of air tickets is not allowed.
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ANNEXURE ‘G’
F OR MA T O F MA NA GE M E NT RE P ORT S
1.
SANRAL requires that detail per regional office such as Head Office be reflected in monthly-submitted
management reports. The information is to reflect the above-mentioned parties.
A.
1.
B.
Air Travel:
i.
Date of travel.
ii
Passenger’s particulars.
iii.
Airlines traveled.
iv.
Cost relating to airport taxes or excess luggage.
v.
Cost of air travel.
vi.
Amount saved is in relation to most expensive standard tariff in specific class of travel.
vii.
Percentage saving is in relation to most expensive standard tariff in specific class of
travel.
viii
Total amount spent per airline used for the specific.
ix.
Total amount spent for the specific month.
x.
Total amount saved for the specific month.
xi.
Total accumulative amount spent per airline used for the specific year.
xii.
Total accumulative amount saved for the specific year.
xiii
Total percentage of saving for the specific year.
Land travel:
The information in this category relates to vehicle rentals, accommodation or any
supplementary services provided or arranged.
The information required is the following:
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i.
Date service provided
ii.
Traveler’s particulars
iii.
Service provided.
iv.
Cost of service provided.
v.
Amount saved in relation to most expensive standard tariffs to similar services.
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1.
C.
D.
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vi.
Percentage saving in relation to most expensive standard tariff relating to similar
services.
vii.
Total amount spent per service provided for the specific month.
viii
Total amount spent for specific month.
ix.
Total saved for the specific month.
x.
Total accumulative amount spent per service provided for the specific year.
xi.
Total accumulative amount saved for the specific year.
xii.
Total percentage of saving for the specific year.
Accommodation:
i.
Date and period of accommodation.
ii.
Name of official.
iii.
Service provider.
iv.
Cost of accommodation.
v.
Amount saved in relation to most expensive standard tariff in specific class of
accommodation.
vi.
vii
Percentage saving in relation to most expensive standard tariff in specific class of
accommodation.
Total amount spent per service provider used for the specific month.
viii
Total amount spent for the specific month.
ix.
Total amount saved for the specific month.
x.
Total accumulative amount spent per service provider used for the specific year.
xi
Total accumulative amount saved for the specific year.
xii.
Total percentage of saving for the specific year.
Supporting services
i.
Date service provided.
ii.
Service provider.
iii.
Type of service provided.
iv.
Cost of service provided.
v.
Particulars of relevant regional office who requested the service.
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vi.
Amount saved in relation to most expensive standard tariffs to similar service providers.
vii.
Percentage saving in relation to most expensive standard tariff relating to similar service
providers.
viii
Total amount spent per service provided for the specific month.
ix.
Total amount spent for specific month.
x.
Total amount saved for the specific month.
xi.
Total accumulative amount spent per service provided for the specific year.
xii.
Total accumulative amount saved for the specific year.
xiii
Total percentage of saving for the specific year.
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