Tender No: BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 1
REQUEST FOR PROPOSAL (RFP)
TENDER NUMBER: BS/2004/SK/013/CON/06
TENDER DESCRIPTION:
REQUEST FOR PROPOSAL FOR A PUBLIC RELATIONS AND/OR EVENT
MANAGEMENT COMPANY
BANKSETA BUSINESS UNIT: SKILLS DEVELOPMENT AND LEARNERSHIPS
DELIVERY ADDRESS:
THORNHILL OFFICE PARK
BLOCK 15
94 BEKKER STREET
MIDRAND
CONTACT NUMBER;
011 805 9661
DATE DELIVERY REQUIRED: TO BE DETERMINED
TENDER CLOSING DATE: 26 NOVEMBER 2004
CLOSING TIME: 16: 00
Tender No: BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 2
REQUEST FOR PROPOSAL (RFP)
TENDER NUMBER: BS/2004/SK/013/CON/06
TENDER DESCRIPTION:
REQUEST FOR PROPOSAL FOR A PUBLIC RELATIONS AND/OR EVENT
MANAGEMENT COMPANY
THE FOLLOWING PARTICULARS MUST BE FURNISHED
(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)
NAME OF BIDDER
………………………………….…………………………………………………
POSTAL ADDRESS
…………………………………………………….……………………………...
STREET ADDRESS
………………………………………………………….…………………………
TELEPHONE NUMBER
CODE……………NUMBER………………………………….…………………
CELL PHONE NUMBER
CODE……………NUMBER………………………………….…………………
FACSIMILE NUMBER
CODE ………… NUMBER………………………..…………………………….
VAT REGISTRATION NUMBER
……………………………………………………………………………..
HAS A TAX CLEARANCE CERTIFICATE BEEN SUBMITTED (RFP 09)?
SIGNATURE OF BIDDER
…………………………………………………..…………………………………………….
DATE
…………………………………………………………………………………………………
CAPACITY UNDER WHICH THIS BID IS SIGNED
………………………………………………………….……………………………………
TOTAL BID PRICE…………………
Tender No: BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 3
The successful bidder will be required to fill in and sign a written Contract
Form (VEND 02).
Tender No: BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 4
BANKSETA STANDARD TENDER DOCUMENT PACK
RFP 01:
RFP 02:
RFP 03:
RFP 04:
RFP 04.1:
RFP 05:
RFP 06:
RFP 07:
RFP 08:
Bid Cover Page
Evaluation Criteria
Instructions to Bidders
Bid Commitment and Declaration of Interest
Compulsory Tender Meeting - Declaration of Attendance
(only when a compulsory site inspection is applicable)
Specification/ Terms of Reference and Special Conditions
RFP Price Schedule
Vendor Information
Tax Clearance – Application Form
Primary preferences claim forms:
PREF 01:
Purchases - Ownership and Management of 0rganisations
by HDIs. (80/20)
Secondary preferences claim forms:
PREF 02:
The Promotion of Small Businesses
Contract forms:
VEND 01:
VEND 02:
BANKSETA General Conditions of Contract
BANKSETA Pro Forma Contract Form
ALL TENDERS MUST BE SUBMITTED ON THE OFFICIAL BANKSETA RFP
FORMS – (NOT TO BE RE-TYPED)
Tender no: BS/2004/SK/013/CON/06
RFP 03
Tender document issued by the BANKSETA
Page 5
EVALUATION CRITERIA (80:20)
CRITERION
MAXIMUM
POINTS TO BE
AWARDED
1.
Functionality (Complete the max
points and evaluation criteria as
appropriate)
Refer to
Terms of
Reference
(RFP 05)
Experience of prospective contractor
Technical approach
Capability of staff to be used
Sub total (maximum)
2.
Price (Complete the max points as
appropriate)
Complete
Price
Schedule
(RFP06)
Relative competitiveness of proposed
price*
Sub total (maximum)
1 & 2 not more
than 80
3.
Preference points (80 / 20
Preference Rule)
Complete
PREF 01
and PREF
02
Equity ownership by HDI:
Race (Equity, Management &
12
Women
2
Disability
2
Promotion of Small Businesses
4
Control)
Sub total (maximum)
GRAND TOTAL
20
100
* Marks in this section are awarded according to the following formula:
Rmin
Pt
=
X maximum point available
Rt
Where
Pt
Rt
Rmin
=
=
=
Points scored for price of tender under consideration
Rand value of tender under consideration
Rand value of lowest acceptable tender
Tender no: BS/2004/SK/013/CON/06
RFP 03
1
Tender document issued by the BANKSETA
Page 6
INSTRUCTIONS TO BIDDERS
1.
SUBMITTING PROPOSALS
1.1
The closing date and time for submissions is strictly 26 November 2004
1.2
Submissions can be delivered between 08:30 and 16:30, Mondays to
Fridays prior to the closing date, and between 08:30 and 16:00 on 26
November 2004.
1.3
No late submissions will be considered.
1.4
Submissions (an original plus 3 hard copies and 1 electronic copy)
should be delivered in the tender box to:
Attention: Sibusiso Molefe
BANKSETA
Block 15, Thornhill Office Park
94 Bekker Road
Midrand
1.5
Submissions should be in a sealed envelope marked with


Tender no: BS/2004/SK/013/CON/06
The name of the prospective contractor
1.6
The contact person at BANKSETA is Sibusiso Molefe, who can be
contacted at 011 – 805 9661 or by e-mail at sibusisom@bankseta.org.za
2.
QUERIES
Any clarification required by a prospective contractor regarding the meaning
or interpretation of the Terms of Reference, or any other aspect concerning
the tender, will be clarified at a non-compulsory briefing meeting at 10h00
on 5 November 2004 or may be requested in writing (letter, facsimile or email) till 15:00 on 8 November 2004. The tender number should be
mentioned in all correspondence. Requests by telephone will not be
accepted.
If appropriate, the clarifying information will be made available to all
prospective bidders, whose contact details are available, by 10 November
2004. Any clarification regarding the answers provided to questions
shall be lodged by no later than 16:00 on 12 November 2004. No new
requests for clarification will be entertained thereafter.
Tender no: BS/2004/SK/013/CON/06
RFP 03
3.
Tender document issued by the BANKSETA
Page 7
FORMAT OF PROPOSALS
Prospective contractors are to set out their proposal in the following format:
Part 1:
Part 2:
Part 3:
Part 4:
Part 5:
Part 6:
Part 7:
Part 8:
Part 9:
Part 10:
3.1
Cover Page & Cover Letter (RFP 01.1)
Bid Commitment & Declaration of Interest (RFP 04);
Vendor Information (RFP 07)
SARS Tax Clearance Certificate (RFP 08)
HDI Preference Forms (PREF 01)
Promotion of Small Businesses (PREF 02)
Not applicable
Experience in this Field - Consulting and Other Professional
Services
Technical Approach - Consulting and Other Professional
Services
Staff Details - Consulting and Other Professional Services
Price Schedule (RFP 06)
Part 1: Cover Page & Covering Letters
The proposal must be accompanied by a letter signed by a person of
suitable authority to commit the prospective contractor. This letter should
contain the following paragraph:
“We have examined the information provided in your tender
documents and offer to undertake the work described in
accordance with the requirements as set out in the tender
document. The prices quoted in this tender are valid for
sixty (60) days and we confirm that this tender will remain
binding upon us and may be accepted by you at any time
before this expiry date.”
3.2
Part 2: Bid Commitment & Declaration of Interest
This form must be studied and completed carefully, as it contains several
important conditions:
 Part A focuses on Bid Commitment; while
 Part B contains the Declaration of Interest required from every
bidder
This form must be signed in INK by the bidder. Failure to sign this form may
invalidate the bid / tender / proposal.
By signing Part A of the Bid Commitment form the bidder confirms that he /
she is familiar with the following:
Tender no: BS/2004/SK/013/CON/06
RFP 03


Tender document issued by the BANKSETA
Page 8
Content of the BANKSETA General Conditions Of Tender, Contract
And Orders (form VEND 01) and fully acquainted with all the terms
and conditions contained therein; and
Acquainted with the various undertakings that form the basis of a
valid offer which, if accepted by the BANKSETA, will result in a
binding contract.
The bidder must also indicate a domicilium citandi et executandi, being the
actual premises (street address) where the business is located. In the event
of any legal action, the summons will be served at this address.
Part B of the Bid Commitment form is used to indicate interest arising from
having connections with persons employed by the BANKSETA. In order to
ensure that all bidders receive fair and equal treatment, it is necessary that
Part B be completed in full. All tenders / proposals received must be
evaluated and adjudicated objectively without favouritism, prejudice and
detrimental effect towards any person.
3.3
Part 3: Vendor Information
Bidders are urged to complete this document accurately, as the information
in this from will serve the following purposes:
 Background information in the evaluation and adjudication process;
 Enabling the BANKSETA to compile a database of vendors /
suppliers;
 Supporting the BANKSETA in the implementation of a system of
preferences as required by the PPPF-Act.
Failure to complete the form in full may result in the bidder not being
considered for any BANKSETA order or contract.
This document also requests pertinent information regarding the bidder’s
enterprise. It is therefore, incumbent on all bidders to complete this form.
3.4
Part 4: SARS Tax Clearance Certificate
The taxes of the successful bidder must be in order, or satisfactory
arrangements must have been made with the Receiver of Revenue to meet
his / her tax obligations.
The attached form “Application for Tax Clearance Certificate (in respect of
bidders)” must be completed in all respects and submitted to the Receiver
of Revenue where the bidder is registered for tax purposes.
The Receiver of Revenue will then furnish the bidder with a Tax Clearance
Certificate that will be valid for a period of six (6) months from date of issue.
This Tax Clearance Certificate must be submitted in the original together
with the bid.
Tender no: BS/2004/SK/013/CON/06
RFP 03
Tender document issued by the BANKSETA
Page 9
Failure to submit the original and valid Tax Clearance Certificate may
invalidate the bid.
3.5
Part 5: HDI preference forms
The BANKSETA is committed to Black Economic Empowerment and all
advertised RFPs will be subject to the Preferential Procurement Policy
Framework (PPPF) Act - Act no 5 of 2000. The BANKSETA use standard
Preference Points Claim Forms to request prospective bidders to claim
preferences in terms of the PPPF-Act.
Preferences are awarded in order to further the Government's economic
and empowerment policies. The PPPFA Regulations identified specific
government objectives for the promotion of the Government's
Reconstruction and Development Programmes.
The utilisation of the HDI Preference (the so-called primary objective) is
mandatory – i.e. this must be included in all RFP documents (see forms
PREF 01 or 02 and 03), which includes the definitions of the PPPFA and
preferences for: Race;
 Gender; and
 Disability;
 Management & Control
 Promotion of Small Businesses

PREF 01 is the 80/20 HDI Preference claim form and PREF 02 is the 90/10
HDI Preference claim form. The applicable form depends on the preference
rule that is applied to the RFP and is determined by the estimated value of
the RFP. THE Evaluation Criteria Form (RFP 02) indicated the preference
rule applied. PREF 03 is the Promotion of Small Businesses claim form.
3.6
Part 7: Experience in this Field
(Applicable when Procuring
Consulting and Other Professional Services)
Prospective contractors should provide at least the information as required
in the Terms of Reference:
3.7
Part 8: Technical approach (Applicable when Procuring Consulting
and Other Professional Services)
Please also refer to the “Terms of Reference”
Prospective contractors must, at least:
3.7.1
Describe, in detail, exactly how they propose to carry out the activities to
achieve the outcomes identified in the terms of reference. They should
identify any possible problems that might hinder delivery and indicate how
they will avoid, or overcome, such problems.
Tender no: BS/2004/SK/013/CON/06
RFP 03
Tender document issued by the BANKSETA
Page 10
3.7.2
Identify the position(s) involved in the direct delivery of the services to be
provided and in the overall management of the work and name the people
who will fill these positions.
3.7.3
Describe the tasks, duties or functions to be performed by staff in these
positions.
3.7.4
Indicate the number of hours required to complete each task and the
number of hours to be provided by each member of staff identified in 3.8.3.
NB: The time spent travelling to and from Bankseta is not to be charged
for.
Prospective contractors are to present such information in a matrix. The
following is provided merely as guidance – contractors are free to elaborate
as they see fit:
Outcome/output
Activity
Staff
member(s)
involved
(name and
position)
Workdays/
hours for
each staff
member
Total
workdays/
hours
Note: Part 8 should be no longer than 20 single-sided A4 pages in font
Arial 11.
3.8
Part 9: Staff details (Applicable when Procuring Consulting and Other
Professional Services)
In this section prospective contractors must provide details of the staff
named in Part 8, paragraph 3.
They should provide a summary chart containing all the staff to be used:
Name
Position
Current
Years of
in team
position
experience
Age
Education
Specialist
Race
SA
areas of
(HDI)
citizen
knowledge
(yes or
no)
For each staff member there must be a brief capability statement indicating
clearly why they are suitable to fill their position.
3.9
Part 10: Cost Proposal
Tender no: BS/2004/SK/013/CON/06
RFP 03
Tender document issued by the BANKSETA
Page 11
Consulting & Other Professional Services (Price schedule RFP 06B
and the under mentioned paragraph must be included when procuring
consulting and other professional services)
Contractors must complete RFP 06B form. Costs must be shown in the
formats prescribed. All foreseeable costs related to this assignment are to
be allowed for in the cost proposal. The proposed totals for staff costs and
reimbursables will be included in the contract as the maximum amount to
be spent on these items.
A cost proposal with one of the elements (staff costs and reimbursable
costs) specifically omitted from the costing will be considered nonresponsive.
Handling fees on reimbursable costs will not be considered.
Any budget amount indicated in this document shall be deemed to be a
guide only and bidders are expected to submit a costing that is fair and
reasonable
4.
RULES
4.1
The RFP (Request for Proposal) Pack is drawn up so that certain essential
information should be furnished in a specific manner. Any additional
particulars shall be furnished in a separate annexure.
4.2
Should the RFP forms not be filled in by means of mechanical devices (for
example typewriters), ink (preferably black) must be used to complete the
forms.
4.3
Bidders shall check the numbers of the pages and satisfy themselves that
none are missing or duplicated. No liability shall be accepted with regards
to claims arising from the fact that pages are missing or duplicated.
4.4
The forms RFP 04 to RFP 09 and PREF series shall be completed, signed
and submitted with the bid, together with an original Tax Clearance
Certificate, as requested in RFP 08 (Vendor Information) and RFP 09 (Tax
Clearance – Application Form).
4.5
Failure on the part of the bidder to sign any of the forms RFP 04 to
RFP 10 and PREF series and thus to acknowledge and accept the
conditions in writing or to complete the attached RFP forms, Preference
Claim Forms, questionnaires and specifications in all respects, may
invalidate the bid.
4.6
BANKSETA may at its discretion:

accept one or more Proposals;

accept a Proposal other than the lowest Proposal;
Tender no: BS/2004/SK/013/CON/06
RFP 03
Tender document issued by the BANKSETA
Page 12

accept no Proposal;

ask any bidder to supply further information after the closing date.
4.7
BANKSETA has the right to enter into negotiation with a prospective
contractor regarding any terms and conditions, including price(s), of a
proposed contract.
4.8
In cases where the BANKSETA may deem it necessary, a formal contract
may be entered into with the successful bidder, in addition to a Letter of
Acceptance and / or purchase order being issued
4.9
Proposals are to be held valid and binding for 60 days from closing date of
submissions (calculated from, but not including, the due date).
4.10
The closing date and time for submissions are as indicated above and
proposals submitted after that will NOT be considered.
4.11
No faxed or e-mailed submissions will be accepted.
4.12
All prospective contractors will be informed whether they have been
successful or not. The project work breakdown structure must then be
finalised within 5 working days of the award of the contract and the contract
signed within 10 working days after finalisation of the project plan. The
contract will only be deemed to be concluded when reduced to writing in a
formal contract signed by the designated responsible persons of both
parties.
4.13
Documents submitted by prospective contractors will not be returned.
4.14
Failure on the part of the bidder to submit a tender in the required format
and with the required number of copies as described, to complete and sign
tender forms and thus to acknowledge and accept the conditions in writing
or to complete all required forms in all respects, may invalidate the tender.
4.15
Tenders should not be qualified by the enterer’s own conditions of tender.
Failure to comply with this requirement may invalidate the tender.
4.16
This RFP is subject to the BANKSETA General Conditions of Contract
(form VEND 01) and re-issues thereof. Copies of these conditions are
obtainable from any office of the BANKSETA
4.17
If any of the conditions on the RFP forms are in conflict with any special
conditions, stipulations or provisions incorporated in the bid invitation, such
special conditions, stipulations or provisions shall apply.
4.18
The contents of this tender document should not be altered under any
circumstances.
4.19
All prices shall be quoted in South African Rands.
Tender no: BS/2004/SK/013/CON/06
RFP 03
4.20
-
Tender document issued by the BANKSETA
Page 13
Each bid must be submitted in a separate, sealed envelope on which the
following must be clearly indicated:
NAME AND ADDRESS OF THE BIDDER;
THE BID (RFP) NUMBER; AND
THE CLOSING DATE.
The bid must be addressed and EITHER be posted to the BANKSETA to
reach the destination not later than the closing time and date; OR deposited
in the tender box of the BANKSETA before the closing time and date.
Tender no: BS/2004/SK/013/CON/06
RFP 04.1
Tender document issued by the BANKSETA
Page14
BID COMMITMENT AND DECLARATION OF INTEREST
PART A: BID COMMITMENT
1. I/We hereby bid to supply all or any of the supplies and/or to render all or any of
the services described in the attached RFP documents to the BANKSETA, on
the terms and conditions and in accordance with the specifications stipulated in
the bid documents (and which shall be taken as part of, and incorporated into,
this bid) at the prices and on the terms regarding time for delivery and/or
execution inserted therein.
2. I/We agree that (a) the
offer herein shall remain binding upon me/us and open for acceptance by
the BANKSETA during the validity period indicated and calculated from the
closing time of the bid;
(b) this
bid and its acceptance shall be subject to the terms and conditions
contained in the BANKSETA General Conditions of Contract (form VEND 02)
and Preference Points Claim Form – General Conditions and Definitions of the
Preferential Procurement Policy Framework Act - PPPFA (PREF 01) with
which I am/we are fully acquainted;
(c) if
I/we withdraw my/our bid within the period for which I/we have agreed that
the bid shall remain open for acceptance, or fail to fulfil the contract when
called upon to do so, the BANKSETA may, without prejudice to its other rights,
agree to the withdrawal of my/our bid or cancel the contract that may have
been entered into between me/us and the BANKSETA and I/we will then pay
to the BANKSETA any additional expense incurred by the BANKSETA having
either to accept any less favourable bid or, if fresh bids have to be invited, the
additional expenditure incurred by the invitation of fresh bids and by the
subsequent acceptance of any less favourable bid; the BANKSETA shall also
have the right to recover such additional expenditure by set-of against moneys
which may be due or become due to me/us under this or any other bid or
contract or against any guarantee or deposit that my have been furnished by
me/us or on my/our behalf for the due fulfilment of this or any other bid or
contract and pending the ascertainment of the amount of such additional
expenditure to retain such moneys, guarantee or deposit as security for any
loss the BANKSETA may sustain by reason of my/our default;
(d) if
my/our bid is accepted the acceptance may be communicated to me/us by
letter or order by ordinary post or registered post and that SA Post Office Ltd
shall be regarded as my/our agent, and delivery of such acceptance to SA
Post Office Ltd shall be treated as delivery to me/us;
(e) the
law of the Republic of South Africa shall govern the contract created by
the acceptance of my/our bid and that I/we choose domicile citandi et
executants in the Republic at (full address of this place);
.............................................................................................................................
...........................................................................
Tender no: BS/2004/SK/013/CON/06
RFP 04.1
Tender document issued by the BANKSETA
Page15
3. I/We furthermore confirm that I/we have satisfied myself/ourselves as to the
correctness and validity of my/our bid; that the price(s) and rate(s) quoted cover
all the work/item(s) specified in the bid documents and that the price(s) and
rate(s) cover all my/our obligations under a resulting contract and that I/we
accept that any mistakes regarding price(s) and calculations will be at my/our
risk.
4. I/We hereby accept full responsibility for the proper execution and fulfilment of all
obligations and conditions devolving on me/us under this agreement as the
Principal(s) liable for the due fulfilment of any contract, which might be awarded
based on this offer.
5. I/We agree that any action arising from this contract may in all respects be
instituted against me/us and I/we hereby undertake to satisfy fully any sentence
or judgement which may be pronounced against me/us as a result of such action.
6. I/We declare that I/we have participation/no participation* in the submission of
any other offer for the supplies/services described in this RFP document. If in the
affirmative, state names(s) of bidder(s) involved
..........................................................................................................................
* Delete whichever is not applicable.
7. Are you duly authorised to sign the bid?
(Also refer to RFP 01 – page 2)
*YES / NO
8. Has the Declaration of Interest (part B of this form: RFP 04) been duly
completed?
*YES / NO
Tender no: BS/2004/SK/013/CON/06
RFP 04.1
Tender document issued by the BANKSETA
Page16
PART B: DECLARATION OF INTEREST
9. Any legal person, including persons employed by the BANKSETA, or persons
who act on behalf of the BANKSETA or persons having a kinship with persons
employed by the BANKSETA, including a blood relationship, may make an offer
or offers in terms of this RFP. In view of possible allegations of favouritism,
should the resulting bid, or part thereof, be awarded to persons employed by the
BANKSETA, or to persons who act on behalf of the BANKSETA, or to persons
connected with or related to them, it is required that the bidder or his authorised
representative shall declare his position vis-à-vis the evaluating authority and/or
take an oath declaring his / her interest, where - the bidder is employed by the BANKSETA or acts on behalf of the
BANKSETA; and/or
- the legal person on who's behalf the bid document is signed, has a
relationship with persons/a person who are/is involved with the evaluation and
/ or adjudication of the RFP(s), or where it is known that such a relationship
exists between the person or persons for or on who's behalf the declarant
acts and persons who are involved with the evaluation and / or adjudication of
the RFP(s). In order to give effect to the above, the following questionnaire
shall be completed and submitted with the bid document.
* Delete whichever is not applicable.
10.
Are you or any person connected with the bidder, employed by the
BANKSETA?
*YES/NO
If so, state particulars.
…………………………………………………..……………………………………………
…………………………………………………………………………………………………
11.
Do you, or any person connected with the bidder, have any relationship
(family, friend, other) with a person employed in the BANKSETA and who
may be involved with the evaluation or adjudication of this RFP? *YES/NO
If so, state particulars.
…………………………………………………………………………………………………
…………………………………………………………………………………………………
12.
Are you, or any person connected with the bidder, aware of any
relationship (family, friend, other) between the bidder and any person
employed by the BANKSETA and who may be involved with the evaluation
or adjudication of this RFP?
*YES/NO
If so, state particulars.
…………………………………………………………………………………………………
Tender no: BS/2004/SK/013/CON/06
RFP 04.1
Tender document issued by the BANKSETA
Page17
I, THE UNDERSIGNED
(NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2, 6, 7, 8,
10, 11 AND 12 ABOVE IS CORRECT.
I ACCEPT THAT THE BANKSETA MAY ACT AGAINST ME IN TERMS OF
PARAGRAPH 23 OF THE BANKSETA GENERAL CONDITIONS OF CONTRACT
(FORM VEND 02) SHOULD THIS DECLARATION PROVE TO BE FALSE.
SIGNATURE OF BIDDER OR ASSIGNEE(S) ..................................
DATE: ....................................
Position
...........…………………….…………........…………………………………………………
Name of
bidder..............….……………………………………………………………………………
Name of company
…………………………….…………………………………………………………………
Tender no: BS/2004/SK/013/CON/06
RFP 05
Tender document issued by the BANKSETA
Page18
TENDER NUMBER: BS/2004/SK/013/CON/06
TENDER DESCRIPTION:
REQUEST FOR PROPOSAL FOR A PUBLIC RELATIONS AND/OR EVENT
MANAGEMENT COMPANY
BANKSETA BUSINESS UNIT: SKILLS DEVELOPMENT AND LEARNERSHIP
SPECIFICATION (TERMS of REFERENCE)
AND
SPECIAL CONDITIONS OF CONTRACT
COVER PAGE
Tender no: BS/2004/SK/013/CON/06
RFP 06B
Tender document issued by the BANKSETA
Page19
REQUEST FOR PROPOSAL (RFP) NUMBER: BS/2004/SK/013/CON/06
The LETSEMA Learnership Project Marketing and Communication Work stream of
the Banking Sector Education and Training Authority (BANKSETA) is responsible
for the LETSEMA Learnership Project’s image and are the custodians of the
communication on the project. This involves positioning the LETSEMA Learnership
Project – internally and externally; maintaining media and stakeholder rapport.
The work stream is also tasked with launching the project in four regions (Gauteng,
Kwazulu-Natal, Western Cape, Free State) in February 2005.
As such the LETSEMA Learnership Project Marketing and Communication Work
stream would like to invite proposals from public relations and/or event
management companies that are sufficiently competent to manage the project’s
national public relations and communications activities to internal and external
audiences for a 12 month period and secondly also launch the project via four
events in the four regions mentioned above in February 2005 as well as host a
LETSEMA 1 Graduation event on 12 March 2005 in Johannesburg, Gauteng.
The public relation company’s job would be for a 12 month period to:
Assist the work stream in identifying stakeholder forums and communication
platforms;
Select the right media and mediums to reach them
Prepare a communication plan for the year
Profile the project and its personalities
Undertake to create proactive communication programmes with the Letsema
stakeholders
Actively source relevant information to constantly communicate Letsema
achievements
Have proven copywriting and proof reading experience
Have website, fact sheet, press release experience
Prepare any other required public relations documents
Have a proven track record of media, business and government contacts
Have a proven track record effective media monitoring
Tender no: BS/2004/SK/013/CON/06
RFP 06B
Tender document issued by the BANKSETA
Page20
Understand the banking sector, the project, the SETA, skills development
environment
Have research abilities
Develop an integrated public relation and communication plan that
incorporates:
- All above-the-line
- All below- the-line
- Direct marketing
- Internet based communication
- Internal and external communications
- PR and communication activities
The event management company’s job would be to:
Design, develop, organise and host the LETSEMA II Regional Launch events (four
regional events) to be held in Gauteng, Western Cape, Kwazulu Natal and Free
State on the same day or separate days in February 2005 and the LETSEMA 1
Graduation event on 12 March 2005 in Johannesburg, Gauteng.
The proposal should include but not be limited to:
travel, accommodation, venue selection, promotion, material development,
audience registration, securing speakers, event evaluation, budget
preparation, budget control and logistics development.
The launch breakdown would look similar but not limited to:
LETSEMA II Launch (Gauteng, Central venue not necessarily CBD)
Seat on round tables of 2200 people
Video screens so delegates don’t have to turn
5 February 2005
Time: 10h00-14h00
Podium, PA system, DVD player, catering
Parking
Tender no: BS/2004/SK/013/CON/06
RFP 06B
Tender document issued by the BANKSETA
Page21
LETSEMA II Launch (KZN, Central venue)
Seat on round tables 700 people
Video screens so delegates don’t have to turn
12 February 2005 (if not on the same day as the Gauteng launch)
Time: 10h00-14h00
Podium, PA system, DVD player, catering
Parking
LETSEMA II Launch (Western Cape – Central venue)
Seat on round tables 600 people
Video screens so delegates don’t have to turn
19 February 2005 (if not on the same day as the Gauteng launch)
Time: 10h00-14h00
PA system, Podium, DVD player, catering
Parking
LETSEMA II Launch (Bloemfontein – Central)
Seat on round tables 320 people
Video screens so delegates don’t have to turn if needed
26 February 2005 (if not on the same day as the Gauteng launch)
Time: 10h00-14h00
PA system, Podium, DVD player, catering
Parking
LETSEMA I Graduation (JHB – Central not necessarily CBD)
Seat on round tables 2600 people breakfast/brunch setting in a main venue
for the graduation celebration part of the programme. The main venue also
must have breakaway venues in the same complex that can hold 600 people
each for the academic/certification ceremony
12 March 2005
Time: 09h00-12h00
Podium, PA system, catering
Parking
One proposal or separate proposals can be forwarded. The prospective
contractor needs to indicate very clearly whether the proposal is for either
one of the assignments or both.
Tender no: BS/2004/SK/013/CON/06
RFP 06B
Tender document issued by the BANKSETA
Page22
RFP PRICE SCHEDULE FOR CONSULTING & PROFESSIONAL SERVICES
1.
STAFF COSTS
The budget hours and applicable rates of all personnel
Name
2.
Job title
Daily/
hourly rate
Number of
days/ hours
Total cost
REIMBURSABLE, WORKSHOP AND OTHER COSTS
Travel, accommodation and incidentals
Item
Rate
Number of days
Total cost
NB: The following conditions will apply to reimbursements for these costs:
 Only economy class flights and Group A and B hire cars are to be
used
 An AA rate per kilometre for the use of a personal car
 Only three-star hotels, or equivalent other accommodation are to be
booked.
Other costs includes (if required):
 Office supplies – details are to be provided
 Computer software – details are to be provided
 Communications – postage, telephones, faxes
 Couriers
 Printing/copying costs – estimates of cost per page and number of
pages must be provided
Costs of workshops:
Prospective contractors should allow for all the costs of all the workshops
they propose conducting during the execution of the contract. The costs
should include the following:
 Venue hire
 Catering
 Contractor’s travelling costs
 Contractor’s accommodation
 Equipment hire
 All other incidental costs
Note: The cost of travel and accommodation for persons who are not part
of the prospective contractor’s team should not be included.
3.
VAT
Value Added Tax must be included and shown separately.
Tender no: BS/2004/SK/013/CON/06
RFP 06B
4.
Tender document issued by the BANKSETA
Page23
Format of Proposal
The cost proposal must be shown in the following format:
Please note that cost proposals which are not in the required format
and which does not include all fees and disbursements as per the
tables below will render a tender incomplete and such tender may be
disregarded for further evaluation.
1
STAFF COSTS
Name
Job Title
Daily/ Hourly
Rate
2
Number of
Days/ Hours
Total Cost
Total Staff Costs
2
REIMBURSABLE COSTS (TRAVEL, ACCOMMODATION AND
INCIDENTALS)
Item
Rate
Number
Total Cost
Travel
R2,30
km
Car Hire (Group A)
Days
Flights (Economy)
Flights
Accommodation
Nights
Per Diem
Days
3
3
OTHER COSTS
Item
Total Reimbursable Costs
Details
(e.g. unit cost and quantity
needed)
4
Total Other Costs
4 WORKSHOP COSTS (IF APPROPRIATE)
Item
Details
5
Total Cost
Total Workshop Costs
Total Cost
Tender no: BS/2004/SK/013/CON/06
RFP 06B
5.1.1.1
TOTAL COSTS
5.1.1.2
TOTAL COSTS EXCLUDING VAT.
5.1.1.3
VAT @ 14%
5.1.1.4
TOTAL COSTS INCLUDING VAT.
Tender document issued by the BANKSETA
Page24
SIGNATURE OF BIDDER ................................…………………………..
DATE:....................................
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 25
VENDOR INFORMATION
You are kindly requested to complete this document accurately as the
information contained herein is required for the following purposes:
 To enable BANKSETA to compile a database of registered suppliers;
 To support BANKSETA in the implementation of a system of
preferences as required by the Preferential Procurement
Policy
Framework Act (No 5 of 2000).
 Failure to complete the form in full may result in the supplier not being
considered for the awarding of any orders or contracts by the
BANKSETA.
KINDLY NOTE THAT THIS DOCUMENT CONSISTS OF 8 PAGES – PLEASE
COMPLETE ALL PAGES.
Name of
Company
…………………………………………………………………………………
…………………………………………………………………………………
Postal
Address
…………………………………………………………………………………
…………………………………………………………………………………
Physical
Address
…………………………………………………………………………………
…………………………………………………………………………………
Telephone No
Mobile Telephone
No
Fax No
E-mail address
Company
Registration No
Tax Clearance
Certificate *
VAT Registration
No**
Tax registration
No
**Are you registered in terms of sections 23(1) or 23(3) of the Value-added
Tax Act, 1991 (Act No. 89 of 1991)?
YES / NO
*An original Tax Clearance Certificate must be attached to this form – also refer to
RFP 09. Failure to do so can disqualify the bid.
**Supply number if you are registered in terms of sections 23(1) or 23(3) of the
Value-added Tax Act, 1991 (Act No. 89 of 1991).
For office use
Database
reference
Master List
number
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 26
1. Participation capacity (tick one box)
Prime contractor
Sub-contractor
Manufacturer
Supplier
Professional services
Joint Venture partner
Other, specify
………………………………………………………………………….
2. Type of firm (tick one box)
Partnership
Close corporation
Pty Ltd.
One person business/sole trader
Company
Other, specify
………………………………………………………………………….
3. Principal business activities (tick one box)
Security
Catering
Manufacturer
Construction
Consulting
Retailer/Distributor
Other, specify
………………………………………………………………………….
4. Business sector (tick one box)
Agriculture
Manufacturing
Retail and motor trade repair
services
Wholesale trade, commercial
agents & allied services
Commercial Agents and other
trade
Finance and business services
Mining and Quarrying
Electricity, Gas and Water
Construction
Community, social and personal
services
Transport, storage and
communication
Commercial Agents and other trade
Other, specify
………………………………………………………………………….
5. Company classification (tick one box)
Contractor who generates more
than 75% of turnover as a prime
contractor
Labour – only sub-contractor
Contractor who generates less than
75% of turnover as a prime
contractor
Manufacturer
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 27
Supplier
Professional service provider
Other, specify
………………………………………………………………………….
6. Products or services to offer to BANKSETA (fill in)
7. Total number of years the firm has been in business: __________________
8. Total number of employees
Full time: ___________________ Part time: _____________________
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 28
9. Street address of all facilities used by the Firm (e.g. Warehouse, storage
space, offices, etc.)
10.
Do you share any facilities?
YES/NO
If yes, which facilities are shared?
_______________________________________
With whom do you share facilities? (Name of firm/individuals).
11.
Is the firm registered or does it have a business license(s)?
YES/NO (if yes, give details and quote relevant reference numbers and dates)
12.
Detail all trade associations in which you have a membership:
13.
Did the firm exist under a previous name? YES / NO
If yes, what was its previous name? ________________________________
Who were the owners/partners/directors?
14.
Identify any owner or management officer who has an interest in
another firm
Name
Duties as
Name and
Type of business
employee in
address of other
of other firm
other firm
firm
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 29
15.
What is the enterprise’s average annual turnover (excl. VAT) during the
lesser of the period for which the business has been operating or the
previous three financial years?
R __________________
NB. Please submit audited financial statements for the past two financial
years in this regard (where applicable)
16.
The financial manager/ external auditor/ CEO/Accounting Officer
(whichever is relevant to your type of business) needs to confirm the
following:
The business/entity is:
 A Going Concern
Yes / No
 In a Sound Financial Condition
Yes / No
 Have the financial & operational capacity to fulfil the contract
requirements
Yes / No
Signature_____________________________
Capacity______________________________
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 30
17.
Identify by name, HDI status and length of service, those individuals in
the firm (including owners and non-owners) responsible for the day-to-day
management and business decisions
ACTIVITY
NAME
RACE
GENDER
M/F
DISABLED?
YES / NO *
LENGTH OF
SERVICE
(YEARS)
DISABLED?
YES / NO *
LENGTH
OF SERVICE
(YEARS)
FINANCING DECISIONS
CHEQUE
SIGNING
ACQUISITION
OF LINES OF
CREDIT
SURETIES
MAJOR
PURCHASE
OR
ACQUISITIONS
SIGNING
CONTRACTS
ACTIVITY
NAME
RACE
GENDER
M/F
MANAGEMENT DECISIONS
ESTIMATING
MARKETING
AND SALES
OPERATION
HIRING &
FIRING OF
MANAGEMENT
PERSONNEL
SUPERVISION
OF OFFICE
PERSONNEL
SUPERVISION
OF FIELD/
PRODUCTION
ACTIVITIES
18.
List the four largest contracts/assignments completed by your firm in
the last three years.
Work performed
For whom
Contact person
and telephone
number
Contract
fee/amount
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 31
* Payment transactions:
Alternative payee
(This field is only to be filled in if
payments are not to be made directly to
the vendor to whom the payable is
owed)
* Contact person: (Sales
person)
Name
Telephone
number
Bank Details:
Country
(Where bank is located)
Name of bank
Bank key
(Branch Number)
Bank account
(Account Number)
Account holder (Only to
be filled in if the name of
the account holder is not
the same as the name of
the vendor)
Name of account
(Type of account)
Date stamp of bank
Certified as correct
Initials and Surname (Bank official):
_________________________________________________
Signature (Bank official):
__________________________________________________________
Telephone Number (Bank Official):
__________________________________________________
Tender No BS/2004/SK/013/CON/06
RFP 08
Tender document issued by the BANKSETA
Page 32
Signature _______________________ duly authorised to sign on behalf of
___________________(Name of organisation) address
Telephone no. __________________________ Date
COMMISSIONER OF OATHS:
Signature: _______________________________ Date: _____________________
STAMP MUST BE DATE STAMPED AND
SIGNED BY A COMMISSIONER OF
OATHS
Tender No
PREF 02A
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 33
TAX CLEARANCE REQUIREMENTS
IT IS A CONDITION OF BIDDING THAT 1.
The taxes of the successful bidder must be in order, or that satisfactory
arrangements have been made with the Receiver of Revenue to meet his / her
tax obligations.
2.
The attached form “Application for Tax Clearance Certificate (in respect of
bidders)” must be completed in all respects and submitted to the Receiver of
Revenue where the bidder is registered for tax purposes.
The Receiver of Revenue will then furnish the bidder with a Tax Clearance
Certificate that will be valid for a period of six (6) months from date of issue. This
Tax Clearance Certificate must be submitted in the original together with the bid.
Failure to submit the original and valid Tax Clearance Certificate may invalidate
the bid.
3.
In bids where Consortia / Joint Ventures / Sub-contractors are involved each
party must submit a separate Tax Clearance Certificate. Copies of the
Application for Tax Clearance Certificates are available at any Receiver’s Office.
Tender No
PREF 02A
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 34
APPLICATION FOR TAX CLEARANCE CERTIFICATE
(IN RESPECT OF BIDDERS)
1.
Name of taxpayer / bidder:
...............................................................................................................
2.
Trade name:
...................................................................…….......................................................
...
3.
Identification number:
4.
Company / Close Corporation registration number:
5.
Income tax reference number:
6.
VAT registration number (if applicable):
7.
PAYE employer’s registration number (if applicable):
Signature of contact person requiring Tax Clearance Certificate:
.........................................................
Name:
...............................................................................................................
Telephone number: Code:………………… Number:...........................
Address:
...............................................................................................................
DATE: 20_____ / ______ / ______
PLEASE NOTE THAT THE COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE
(SARS) WILL NOT EXERCISE HIS DISCRETIONARY POWERS IN FAVOUR OF ANY PERSON
WITH REGARD TO ANY INTEREST, PENALTIES AND / OR ADDITIONAL TAX LEVIABLE DUE
TO THE LATE- OR UNDERPAYMENT OF TAXES, DUTIES OR LEVIES OR THE RENDITION
RETURNS BY ANY PERSON AS A RESULT OF ANY SYSTEM NOT BEING YEAR 2000
COMPLIANT.
Tender No
PREF 02A
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 35
Tender Name (to be inserted by bidder):…………………………………
Tender Name (to be inserted by bidder):…………………………………
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2001
GENERAL CONDITIONS AND DEFINITIONS
80/20 RULE
NB: BEFORE COMPLETING RELEVANT CLAIM FORMS, BIDDERS MUST
CAREFULLY STUDY THE GENERAL CONDITIONS AND DEFINITIONS
1.
GENERAL CONDITIONS
1.1
The preference point system is applicable to all tenders.
1.2
Failure on the part of a bidder to complete and sign a claim form may be
interpreted to mean that preference points are not claimed.
1.3
BANKSETA reserves the right to require of a bidder, either before a tender
is adjudicated or at any time subsequently, that he/she should substantiate
any claim, in any manner required by BANKSETA.
2.
GENERAL DEFINITIONS
The defined works and expressions commencing with capital letters, shall
have the meanings hereby assigned to them unless such meanings are
inconsistent with the context of a particular tender or contract:
2.1
“Act” means the Preferential Procurement Framework Act, 2000 (Act No 5
of 2000)
2.2
“Agent” means a person mandated by another person (“the principal”) to do
business for an on behalf of, or to represent in a business transaction, the
principal, and thereby acquire rights for the principal against BANKSETA
and incur obligations binding the principal in favour of BANKSETA.
2.3
“Comparative price” means the price after the factors of a non-firm price
and all unconditional discounts that can be utilised have been taken into
consideration.
2.4
“Consortium or Joint Venture” means an association of persons for the
purpose of combining their expertise, property, capital, efforts, skill and
knowledge in an activity for the execution of a contract.
Tender No
PREF 02A
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 36
2.5
“Contract” means the agreement that results from the acceptance of a
tender by BANKSETA.
2.6
“Disability” means, in respect of a person, a permanent impairment of a
physical intellectual, or sensory function, which results in restricted, or lack
of, ability to perform an activity in the manner, or within the range,
considered normal for a human being.
2.7
“Firm price” is the price that is only subject to adjustments in accordance
with the actual increase or decrease resulting from the change, imposition,
or abolition of customs or excise duty and other duty, levy, or tax which, in
terms of a law or regulation is binding on the contractor and demonstrably
has an influence on the price of any supplies, or the rendering costs of any
service, for the execution of the contract.
2.8
“Historically Disadvantaged Individual (HDI)” means a South African
citizen –
2.8.1
who has no franchise in national elections prior to the introduction of the
Constitution of the Republic of South Africa, 1983 (Act No 110 of 1983) or
the Constitution of the Republic of South Africa, 1993 (Act No 200 of
1993)(“the Interim Constitution”) and/or
2.8.2
who is a female; and/or
2.8.3
who has a disability.
Provided that a person who obtained South African citizenship on or after
the coming to effect of the Interim Constitution, is deemed not to be an HDI.
2.9
“Management” in relation to an enterprise or business, means an activity
inclusive of control and performed on a daily basis, by any person who is a
principal executive officer of the company, by whatever name the person
may be designated.
2.10
“Non firm prices” means all prices other than “firm” prices.
2.11
“Person” includes reference to a juristic person.
2.12
“Rand value” means the total estimated value of a contract in Rand
denomination which is calculated at the time of tender invitations and
includes all applicable taxes and excise duties.
2.13
“Small, Medium and Micro Enterprises (SMME’s)” bears the same
meaning assigned to this expression in the National Small Business Act,
1996 (Act No 102 of 1996).
Tender No
PREF 02A
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 37
2.14
“Sub-contracting” means the primary contractor’s assigning or leasing or
making out work to, or employing, another person to support such primary
contractor in the execution of part of a project in terms of the contract.
2.15
“Tender” means a written offer or bid in a prescribed or stipulated form in
response to an invitation by an organ of state for the provision of services or
goods.
2.16
“Trust” means the arrangement through which the property of one person is
made over or bequeathed to a trustee to administer such property for the
benefit of another person.
2.17
“Trustee” means any person, including the founder of a trust, to whom
property is bequeathed in order for such property to be administered for the
benefit of another person.
PREFERENCE POINTS CLAIM FORM
EQUITY OWNERSHIP BY HISTORICALLY DISADVANTAGED INDIVIDUALS
1.
In terms of regulation 13 of the preferential procurement regulations pertaining to the Preferential
Procurement Policy Framework Act, 2000 (Act No 5 of 2000) the preference points system must
include preference points of equity ownership by historically disadvantaged individuals as defined by
the Act.
Equity Ownership
Points allocated
1.1
Preference points for equity ownership by historically
disadvantaged individuals who, due to the apartheid
policy that had been in place had no franchise in
national elections prior to the introduction of the
Constitution of the RSA, 1983 (Act 110 of 1983) or the
Constitution of the RSA, 1993 (Act 200 of 1993)
(“the Interim Constitution”) and/or
14
1.2
who is a female; and/or
2
2.
The equity ownership contemplated above must be equated to the percentage of an enterprise or
business owned by individuals or, in respect of a company, the percentage of a company’s shares
that are owned by individuals, who are actively involved in the management of the enterprise or
business and exercise control over the enterprise, commensurate with their degree of ownership at
the closing date of the tender.
2.1
Where an organisation is classified as a non-governmental organisation (NGO), the ownership
criterion is replaced by the percentage of HDI directors on the Board of Directors of the NGO,
irrespective of whether they are executive or non-executive directors.
Tender No
PREF 02A
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 38
3.
In the event that the percentage of ownership contemplated above changes after the closing date of
the tender, the tenderer must notify BANKSETA and such tender will not be eligible for any
preference points.
4.
Preference points should not be claimed in respect of individuals who are not actively
involved in the management of an enterprise or business and who do not exercise control
over an enterprise or business commensurate with their degree of ownership.
5.
All claims made for equity ownership by an HDI will be considered according to the following criteria:
5.1
Equity within private companies will be based on the percentage of equity ownership.
5.2
Preference points will not be awarded to public companies and tertiary institutions.
6.
Equity claims for a Trust will only be allowed in respect of those persons who are both trustees and
beneficiaries and who are actively involved in the management of the Trust.
7.
Documentation to substantiate the validity of the credentials of the trustees contemplated above
must be submitted.
7.1
Documentation to substantiate the validity of the credentials of the board of directors who are
actively involved in the management of the NGO as contemplated in 2.1 above must be submitted.
8.
A Consortium or Joint Venture may, based on the percentage of the contract value managed or
executed by their HDI members, be entitled to equity ownership in respect of an HDI.
9.
The points scored for equity ownership will be added to the points scored for price.
10.
A person awarded a contract as a result of preference for contracting with, or providing equity
ownership to an HDI, may not subcontract more than 25% of the value of the contract to a person
who is not an HDI or does not qualify for such preference.
11.
TENDER CLARIFICATION
11.1
Tenderers who wish to claim points in respect of Equity Ownership must complete the declaration.
11.2
BANKSETA shall not be obliged to accept the lowest or any quotation, offer or proposal.
Tender No
PREF 02A
12.
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 39
EQUITY OWNERSHIP CLAIMED
Bidders are required to complete table 12.1 and 12.2 to claim preference points with regards to HDI
and/or Female ownership.
Example: if the equity ownership by HDI’s (according to the definitions) is 50.1% or more of
the total equity of the enterprise, 14 points can be claimed for HDI status.
12.1
HDI Equity Ownership
Scoring Mechanism
Equity Percentage
(including management
& control)
50.1% +
25-50%
Below 25%
0%
(maximum 14 points)
12.2
Score
Indicate the applicable
points claimed
14
8
4
0
Female Equity Ownership
Scoring Mechanism
Equity Percentage
(including management
& control)
Majority Women
Some women
No women
(maximum 2 points)
Score
2
1
0
Indicate the applicable
points claimed
Tender No
PREF 02A
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 40
BS/2004/SK/013/CON/06
Tender No
PREF 02A
Tender document issued by the BANKSETA
Page 41
DECLARATION WITH REGARD TO EQUITY OWNERSHIP
1.
NAME OF BIDDER:
…………………………………………………………………
2.
HOW LONG HAS
…………………………
THE
COMPANY
BEEN
3.
DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
IN
EXISTENCE
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
4.
………………………………………………………………………………………
COMPANY CLASSIFICATION

Manufacturer

Suppliers

Professional service provider

Other service providers, e.g. transport, etc.
(TICK APPROPRIATE BOX/ES)
5.
LIST OF ALL SHAREHOLDERS BY NAME, IDENTITY NUMBER,
CITIZENSHIP, HDI STATUS AND OWNERSHIP, AS RELEVANT
NAME
DATE AND
IDENTITY
DATE RSA
%
%
% OWNED
%
POSITION
NUMBER
OR TBVC
OWNED
OWNED
BY
OWNED
OCCUPIED IN
CITIZEN-
BY HDI’S
BY
DISABLED
BY
ENTERPRISE
SHIP
WOMEN
PEOPLE
OBTAINED
OTHERS
Tender No
PREF 02A
6.
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 42
HOW MANY PERMANENT STAFF MEMBERS ARE EMPLOYED BY THE
BIDDER?
……………………………………………..
7.
I/we, the undersigned, who warrants that he/she is duly authorised to do so
on behalf of the firm certify that points claimed, based on
owners/shareholders who are actively involved in the day to day
management of the enterprise equity ownership, qualifies the firm for the
points shown and I/we acknowledge that:
7.1
The information furnished is true and correct.
7.2
The Equity Ownership claimed is in accordance with the conditions.
7.3
A person awarded a contract as a result of preference for contracting with,
or providing equity ownership to an HDI, may not subcontract more than
25% of the value of the contract to a person who is not an HDI or does not
qualify for such preferences.
7.4
In the event of a contract being awarded as a result of points claimed, the
contractor may be required to furnish documentary proof to the satisfaction
of BANKSETA that the claims are correct.
7.5
If the claims are found to be incorrect, BANKSETA may, in addition to any
other remedy it may have –
7.5.1
Recover all costs, losses or damages it has incurred or suffered as a result
of that person’s conduct;
7.5.2
Cancel the contract and claim any damages which it has suffered as a
result of having to make less favourable arrangements due to such
cancellation.
WITNESSES:
1.
……………………………………….
………………………………………….
SIGNATURE(S)
OF BIDDER(S)
2.
……………………………………….
DATE: ……………………………….
BS/2004/SK/013/CON/06
Tender No
PREF 02A
Tender document issued by the BANKSETA
Page 43
CONSORTIUM/JOINT VENTURE INFORMATION
Note:
All bidders (in case of a Consortium/Joint Venture) are required to complete
this section and to include it in their submission.
The proportion (percentage) of the fees and disbursements as
indicated in the cost proposal, which each company which is party to
the consortium/ joint venture will earn, should be inserted below. This
information is required in order to determine the pro rata point
allocation for equity ownership.
6
FAILURE TO COMPLETE THIS FORM MAY RENDER THE CLAIM FOR EQUITY
OWNERSHIP INVALID
Companies
Fees to be
Disbursements
Total of fees
Percentage of
Responsible
Signature of
involved in the
earned by
allocated to
and
total fees and
Manager for
Responsible
Manager
Consortium/Joint
each
each
disbursements
disbursements
each
Venture
consortium/
consortium/
allocated to
allocated to
Company
joint
joint venture
each
each
venture
member
consortium/
consortium/
joint venture
joint venture
Member
Member
Member
1
2
3
4
5
6
Tender No
VEND 01
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 44
Tender’s name (To be inserted by bidder): ……………………………
Tender’s name (To be inserted by bidder): ……………………………
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2001
PROMOTION OF SMALL BUSINESSES
(80/20 Rule)
1. INTRODUCTION
In terms of regulation 17 of the preferential procurement regulations
pertaining to the Preferential Procurement Policy Framework Act, 2000
(Act 5 of 2000), it is the Government’s intention to promote small
businesses by using the preference point system as a mechanism to
award points to bidders.
2. SPECIFIC GOAL
a. The specific goal is the promotion of small businesses as defined in
the National Business Act, 1996 (Act 102 of 1996).
b. Bidders who which to claim in respect of this goal must complete either
paragraph 3 with regard to being a small business and/or paragraph 4
with regard to the promotion of small business.
c. The maximum preference points that can be claimed between
paragraph 3 and 4 and 10 points.
3. CLAIM WITH REGARD TO BEING A SMALL BUSINESS
a. Bidders regarding itself as a micro, very small, small or medium
enterprise (SMME) as defined by the National Small Business Act,
1996 (Act 102 of 1996) may claim preference points.
b. Should the bidders wish to claim points for being a SMME; it is
required of the bidder to complete table 3.4.
c. Should the bidder wish to claim points for promoting a SMME; it is
required of the bidder to complete table 4.2.
NB: Bidders cannot claim points for both tables 3.4. and 4.2. it has to be
only one or the other.
First select and tick in column (A) the relevant sector or sub-sector you
are operating in. Within the chosen sector, select and tick in columns
Tender No
VEND 01
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 45
(B), (C) and (D) the relevant block indicating your organisation’s position
pertaining to employees (B), turnover (C) and assets (D).
See the example in 3.3 below.
Sector or sub- A
sector in
accordance with
the Standard
Industrial
Classification
6.1.1
Agriculture
Mining and
quarrying
Manufacturing
Electricity, gas
and water
Construction
Retain and
motor trade and
Size or
class
Total full B
time
equivalent
of paid
employees
Total
annual
turnover
C
Total
gross
asset
value
(fixed
property
excluded)
Less than
Medium
Small
Very
small
Micro
100
50
10
Less
than
R4.00 m
R2.00 m
R0.40 m
5
R0.15 m
R0.10 m
Medium
Small
Very
small
Micro
100
50
10
R30.00 m
R7.50 m
R3.00 m
R18.00 m
R4.50 m
R1.80 m
5
R0.15 m
R0.10 m
Medium
Small
Very
small
Micro
100
50
10
R40.00 m
R10.00 m
R4.00 m
R15.00 m
R3.75 m
R1.50 m
5
R0.15 m
R0.10 m
Medium
Small
Very
small
Micro
100
50
10
R40.00 m
R10.00 m
R4.00 m
R15.00 m
R3.75 m
R1.50 m
5
R0.15 m
R0.10 m
Medium
Small
Very
small
Micro
100
50
10
R20.00 m
R5.00 m
R2.00 m
R4.00 m
R1.00 m
R0.40 m
5
R0.15 m
R0.10 m
Medium
Small
100
50
R30.00 m
R15.00 m
R5.00 m
R2.50 m
R4.00 m
R2.00 m
R0.40 m
D
Tender No
VEND 01
BS/2004/SK/013/CON/06
Sector or sub- A
sector in
accordance with
the Standard
Industrial
Classification
Tender document issued by the BANKSETA
Page 46
Size or
class
Total full B
time
equivalent
of paid
employees
Total
annual
turnover
C
Total
gross
asset
value
(fixed
property
excluded)
Less than
Very
small
Micro
10
Less
than
R3.00 m
5
R0.15 m
R0.10 m
Wholesale
trade,
commercial
agents and
allied services
Medium
Small
Very
small
Micro
100
50
10
R50.00 m
R25.00 m
R5.00 m
R8.00 m
R4.00 m
R0.50 m
5
R0.15 m
R0.10 m
Catering,
accommodation
and other trade
Medium
Small
Very
small
Micro
100
50
10
R10.00 m
R5.00 m
R1.00 m
R2.00 m
R1.00 m
R0.20 m
5
R0.15 m
R0.10 m
Medium
Small
Very
small
Micro
100
50
10
R20.00 m
R10.00 m
R2.00 m
R5.00 m
R2.50 m
R0.50 m
5
R0.15 m
R0.10 m
Medium
Small
Very
small
Micro
100
50
10
R20.00 m
R10.00 m
R2.00 m
R4.00 m
R2.00 m
R0.40 m
5
R0.15 m
R0.10 m
Medium
Small
Very
small
Micro
100
50
10
R10.00 m
R5.00 m
R5.00 m
R5.00 m
R2.50 m
R0.50 m
5
R0.15 m
R0.10 m
repair service
Transport,
storage and
communications
Finance and
business
services
Community,
social and
personal
services
R0.50 m
d. Bidders are to claim preference points based on the size or class of
enterprise indicated above.
Example
D
Tender No
VEND 01
BS/2004/SK/013/CON/06
Sector or
A
sub-sector in
accordance
with the
Standard
Industrial
Classification
√
6.1.2
Agriculture
Size or
class
Medium
Small
Very
small
Micro
Tender document issued by the BANKSETA
Page 47
Total full
time
equivalent
of paid
employees
B
Less than
R4.00 m
R2.00 m
R0.40 m
100
50
10
5
Total
annual
turnover
√
C
√
R0.15 m
Total
gross
asset
value
(fixed
property
excluded)
Less than
R4.00 m
R2.00 m
R0.40 m
R0.10 m
The annual turnover shall be the factor determining the ultimate
classification and hence the points claimable. The company in this
example would be classified as a “small” enterprise because of the
turnover in lieu of the fact that according to the other parameters, the
company could be classified as a “Micro” or “Very small” enterprise
For example: The company in the example will therefore be able to
claim a maximum of 6 points in paragraph 3.4 below
e. Insert your claim in the table below based on the information contained
in paragraph 3.2
Classification
Score
Micro
4
Very Small
3
Small
2
Medium
(Maximum points 4)
Points claimed
1
4. CLAIM WITH REGARD TO THE PROMOTION OF SMALL BUSINESS
a. Bidders that are actively involved in the promotion of small businesses
(a SMME cannot claim for promoting its own business), as defined in
the National Small Business Act, 1996 (Act 102 of 1996), by
subcontracting/outsourcing or procuring any of the businesses and/or
functions of the company to local small business inter alia
manufacturing, packaging, distribution, etc. may claim preference
points by completing the table below.
D
√
Tender No
VEND 01
BS/2004/SK/013/CON/06
Small business
function(s)
subcontracted/
outsourced or
procured
Name(s) of small
business (es)
outsourced to
Tender document issued by the BANKSETA
Page 48
Address and
telephone number
of small business
as well as contact
person
Value of
outsour
ced
busines
s (a)
Total Value (a)
b. Bidders may claim preference points based on business outsourced to
or procured from SMME enterprises as a percentage of annual third
party spend (excluding personnel expenditure) for the previous
financial year(s) in accordance with the table below:
Total annual third party spend for the previous financial year:
R …….…………… (b)
The percentage of third party spend should be calculated by dividing the
value of outsourced business or procured spend (a) above by the third
party spend for the previous financial year (b) multiplied by 100 to
represent the percentage.
Example
Total value of outsourced or procured business from SMME R100 000,00
(a) Third Party Spend from previous financial year
R550 000,00 (b)
The percentage will then by R100 000,00 (a), divided by R550 000,00 (b)
multiplied by 100 = 18.8%. The preference points that would be claimed
is therefore (1 point) (See table under 4.3 below)
c. Please insert your claim in the table below:
Percentage of turnover directed to small Points
business (total of (a) divided by (b) x 100
allocated
0-10
0
11–25
1
26-50
2
51-75
3
Points
claimed
BS/2004/SK/013/CON/06
Tender No
VEND 01
Tender document issued by the BANKSETA
Page 49
76-100
(Maximum Points 2)
4
5. DECLARATION
a. I/We acknowledge that:
i. The information is true and correct.
ii. In the event of a contract being awarded as a result of points
claimed, the contractor may be required to furnish documentary
proof of substantiating external auditor certificate that the claims
are correct.
iii. If the claims are found to be incorrect, BANKSETA may, in
addition to any other remedy it may have:




recover all costs, losses or damages it has incorrect or suffered as a
result of that person’s conduct;
cancel the contract and claim any damaged which it has suffered as a
result of having to make a less favourable arrangements due to such
cancellation;
impose a financial penalty more severe that the theoretical financial
preference associated with the claim which was made in the tender;
and
restrict the contractor, its shareholders and directors from obtaining
business from BANKSETA for a period determined by BANKSETA.
WITNESSES:
1.
2.
……………………………………….
……………………………………….
………………………………………….
SIGNATURE(S)
OF BIDDER(S)
DATE: ………………………………
PRO FORMA CONTRACT
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 2
AGREEMENT
entered into between
The Banking Sector Education and Training Authority
(“BANKSETA”)
and
_____________________________________________
(“the Company”)
Tender No BS/2004/SK/013/CON/06
VEND 02
1.
Tender document issued by the BANKSETA
Page 3
INTRODUCTION
WHEREAS:
1.1
BANKSETA requires the services of a suitably qualified Company to assist with
the provision of such Services;
1.2
The Company is able to provide the Services as required by BANKSETA and
warrants that the Company is suitably organised, qualified, financed, equipped
and experienced in the provision of the Services referred in terms of this
Agreement;
1.3
The Parties wish to record their agreement in writing.
2.
INTERPRETATION AND DEFINITIONS
2.1
Save for the document referred to in clause 3.2 below, in this Agreement,
unless the context otherwise indicates, the following words will have the
following meanings:
2.1.1
“the/this Agreement” means this Agreement together with any annexures
hereto and the documentation referred to in clause 3.2 below:;
2.1.2
“the Company” means ………………………………………………………….
2.1.3
“the Services” means the services to be provided by the Company in terms of
Annexure “A” hereto, being the Company’s Proposal (not attached) and its
Project Plan attached as Annexure “C”;
2.1.4
“the Fee” means the fees paid and expenses reimbursed by BANKSETA to the
Company from time to time as set out in Annexure “B” hereto;
2.1.5
“the Commencement Date” means the date on which this Agreement
commences, namely, ……………………………………..
2.1.6
“the Termination Date” means the day following the date on which the
Services are completed to the satisfaction of BANKSETA;
2.1.7
“the Client” means BANKSETA ;
2.1.8
“the Parties” means BANKSETA and the Company, individually or collectively,
as the case may be;
2.2
Words importing the singular shall include the plural and vice versa, and words
importing the masculine gender shall include females.
2.3
The head notes to the clauses to this Agreement are inserted for reference
purposes only and shall not affect the interpretation of any of the provision to
which they relate.
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 4
3.
APPOINTMENT
3.1
BANKSETA hereby appoints the Company to perform the Services, which
Services shall be provided to BANKSETA. The Company accepts such
appointment on the terms and conditions set out below.
3.2
The Company’s offer, dated …………………, and the Company’s further
correspondence (if any) dated …………………….. are deemed part of this
Agreement and the Parties shall be bound thereby.
3.3
If the documentation specified in clause 3.2 above, conflicts with this
Agreement, this Agreement shall take precedence.
4.
DURATION
Notwithstanding the signature date, this Agreement shall commence on the
Commencement Date and shall terminate on the Termination Date, unless
terminated earlier as provided for in this Agreement.
5.
RESPONSIBILITY AND DUTIES
5.1
The Company will at all times faithfully, promptly and punctually carry out and
perform the Services.
5.2
The Company will, as part of its duties in terms of this Agreement, attend such
meetings as may be required by BANKSETA from time to time.
5.3
The Company hereby undertakes that it will at all times during the continuance
in force of this Agreement, observe the utmost good faith in the performance of
it’s obligations as set out in this Agreement.
5.4
In the execution of this Agreement, the Company shall at all times have due
regard to and observe the regulations of the Clients and the administrative
conditions, rules and regulations, as may be in existence in all areas of
operation of BANKSETA from time to time as referred to in this Agreement.
The Company shall timeously render reports in accordance with its reporting
obligations.
5.5
In the performance of this Agreement, the Company shall at all times have due
regard to and observe all legislation impacting on the Services rendered in
terms of this Agreement.
5.6
The Company will be required to meet all deliverables as stipulated in this
Agreement, to the satisfaction of the BANKSETA. Failure to deliver in
accordance with such requirements will be deemed a breach of this Agreement.
The Company will then be subject to penalties and other such action as
contemplated in clause 9 of this Agreement.
5.7
The BANKSETA project manager will sign off each deliverable only once he is
satisfied with the quality of each deliverables.
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 5
6.
PAYMENTS AND TAX
6.1
BANKSETA will pay the Company the Fee as set out in this Agreement. No
additional amounts will be payable by BANKSETA to the Company.
6.2
The Company shall from time to time during the currency of this Agreement,
invoice BANKSETA for the Services rendered. No payment will be made to the
Company unless an invoice complying with section 20 of the VAT Act, No 89 of
1991 has been submitted to the BANKSETA. The Company will, in addition to
the requirements contemplated in clause 5.7 above, comply with such other
requirements for submitting invoices as BANKSETA may reasonably require
from time to time.
6.3
The Company’s invoice shall be paid within a period of 30 (thirty) days from the
date on which the invoice has been received by BANKSETA or the sign off
contemplated in clause 5.7 above, whichever is the later, unless the Parties
agree otherwise in writing.
6.4
The Company shall be responsible for accounting to the appropriate authorities
for its Income Tax, VAT or other moneys required to be paid in terms of any
applicable law.
6.5
The Company hereby indemnifies BANKSETA, and any associated companies
against all losses, claims, liabilities, damage or expense which they may suffer
as a result of, or which may be attributable to, any liability for taxation in respect
of payment made in terms of this Agreement. For purposes of this clause 6.5,
“taxation” includes, but is not limited to, SITE and PAYE all other forms of duties
or taxation, taxation in respect of any assessment of taxation and any penalties
or interest. This clause 6.5 shall survive termination of this Agreement.
7.
CONFIDENTIALITY
7.1
It is recorded that the Company has given the undertakings contained in this
clause 7 in consideration for the benefits and advantages which the Company
will gain by virtue of entering into this Agreement with BANKSETA, and the
Company’s association with the Clients. The Company hereby acknowledges
that the restraints contained herein are fair and reasonable and go no further
than is reasonably necessary to protect the proprietary interests of the Clients.
7.2
By virtue of the fact that the Company will be providing the Services to the
Clients, for the duration of the Agreement, the Company will have access to
trade secrets and confidential information (hereinafter referred to as “trade
secrets”) of the Clients.
7.3
Having regard to the above, and in order to protect the proprietary interests of
the Clients, as aforesaid, the Company undertakes in favour of each of the
Clients, in addition to and without limiting any other undertakings given in this
Agreement, that:
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 6
7.3.1
The Company will not, whether directly or indirectly, use any of the trade
secrets other than for purposes of delivering the Services, or divulge or disclose
them to any other persons whomsoever, without the prior written consent of
BANKSETA;
7.3.2
Any written instructions, notes, memoranda or records of whatsoever nature
relating to the trade secrets which may have been made or which may have
come into possession shall be:

Deemed to be the property of the Clients; and accordingly

Surrendered by the Company to BANKSETA on termination of this
Agreement or on demand by BANKSETA.
7.3.3
The Company shall not retain any copies of the trade secrets or make any
extracts therefrom.
7.3.4
The Company shall not retain any copies of the trade secrets or make any
extracts therefrom.
7.3.5
The Company will not during the operation of this Agreement and for a period of
1 (one) year after termination of this Agreement, either itself or as the agent of
anyone else, persuade, induce, solicit, encourage or procure (or endeavour to
do any of the afore going) any of the employees of the Clients to become
employed by or interested in any manner whatsoever in any business, firm,
undertaking or entity (collectively referred to as “any concern”) directly or
indirectly in competition with the Clients.
7.3.6
The Company will not, during the operation of this Agreement and for a period
of 1 (one) year after termination of this Agreements, solicit interfere with, or
entice or endeavour to entice away from the Clients or any associated
companies any firm, entity or company who or which, during the period of 1
(one) year immediately prior to the termination of this Agreement for whatever
reason, and for a period of 1 (one) year after such termination, is or was a client
or was accustomed to dealing with the Clients.
7.4
The Company shall not, during the currency of this Agreement, or after the
termination of this Agreement, be entitled whether for it’s own benefit or that of
others, to make use or avail itself of or derive benefit from any information or
knowledge specifically related to the business or affairs of the Clients or trade
secrets which the Company shall or may have acquired by reason of it’s
position in or association with the business of the Clients.
7.5
The Company undertakes, that it will not at any time during this Agreement, or
after termination hereof, disclose any information and trade secrets which come
to it’s knowledge as a result hereof, not being information or trade secrets which
come from an independent third party, and which relates to:
7.5.1
Any business or marketing method or practice or clients or alliances of the
Clients;
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 7
7.5.2
Any technical information, know-how or process or method of the Clients.
7.6
This clause 7 shall survive termination of this Agreement.
8.
INTELLECTUAL PROPERTY, INVENTIONS AND COPYRIGHT
8.1
All the intellectual property rights arising from the execution of this Agreement
shall vest in BANKSETA who shall be entitled to cede and assign such to the
Department of Labour and the Company undertakes to honour such intellectual
property rights and all future rights by keeping the know-how and all published
and unpublished material confidential.
8.2
In the event that the Company would like to use any information or data
generated in terms of the Services, the prior written permission must be
obtained from BANKSETA.
8.3
BANKSETA shall own all materials produced by the Company during the
course of, or as part of the Services including without limitation, deliverables,
computer programmes (source code and object code), programming aids and
tools, documentation, reports, data, designs, concepts, know-how and other
information whether capable of being copyrighted or not (“IP”) which IP
BANKSETA shall be entitled to freely cede and assign to the Department of
Labour.
8.4
The Company assigns all IP rights in respect of all materials referred to in
clause 8.3 to BANKSETA or the Department of Labour, as BANKSETA directs.
No other document needs to be executed to give effect to this cession,
assignment or transfer.
8.5
The Company hereby irrevocably cedes, assigns and transfers to BANKSETA
or the Department of Labour, as BANKSETA directs, all rights, title and interest
in and to all IP (which includes, but is not limited to methodologies and
products) connected with or applicable to the Services.
8.6
Upon any IP coming into existence, no further documentation need be executed
to give effect to such cession, assignment or transfer.
8.7
The provisions of this clause 8 shall only apply to such IP that is created or
used within the course and scope of the Services in terms of this Agreement.
The Company hereby irrevocably undertakes that the Company shall:
8.7.1
Inform BANKSETA upon the inception of any IP or improvements and
continuously thereafter of all steps in the progress made to completion on a
confidential basis;
8.7.2
At no time disclose any such IP or improvement or any information relating
thereto, to any third person; and
8.7.3
Furnish BANKSETA upon request with such information or assistance in regard
to any IP or improvement as may be required for the optimum utilisation and
application thereof.
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 8
8.8
The Company hereby irrevocably:
8.8.1
Cedes, assigns and transfers to BANKSETA or the Department of Labour, as
BANKSETA directs, all of it’s rights, title and interest in and to any and all IP
which are or may become eligible for copyright under the laws of the Republic
of South Africa and which relates to the Services or which arises directly or
indirectly from or incidental to this Agreement;
8.8.2
Grants to BANKSETA or the Department of labour, as BANKSETA directs, the
sole and exclusive right to alter and adapt the IP; and
8.8.3
Assigns to BANKSETA or the Department of Labour, as BANKSETA directs,
the rights conferred upon itself as author by section 20(1) of the Copyright Act,
No 98 of 1978, as amended.
8.9
The Company acknowledges and agrees that:
8.9.1
Each provision of clause 8 is separate, severally and separately enforceable
from any other provisions of this Agreement;
8.9.2
The invalidity or non enforceability of any one or more provision hereof, shall
not prejudice or effect the enforceability and validity of the remaining provisions
of this Agreement; and
8.9.3
This agreement contains various stipulatio alteri in favour of the Department of
Labour, which rights shall continue in effect after termination of this Agreement,
and which rights can be exercised and enforced at any time by the Department
of Labour.
8.10
This clause 8 shall survive termination of this Agreement.
9.
BREACH
9.1
The Company shall promptly notify BANKSETA in writing of any situation or of
the occurrence of any event beyond the control of the Company, which makes it
impossible or impracticable for the Company to carry out any obligation
contemplated in this Agreement.
Upon confirmation in writing to the
BANKSETA of the existence of any such situation or upon the failure of the
BANKSETA to respond to such notice within 10 (ten) days the Company shall
be relieved from all liability for failure to carry out his obligations due directly to
such situations or occurrences. In the event of disagreement between the
BANKSETA and the Company as to the existence of such situation or event,
the matter shall be submitted to arbitration in accordance with clause 12 of this
Agreement.
9.2
BANKSETA may by notice to the Company terminate this Agreement if any
situation or event referred to in clause 9.1 above shall have continued for a
period of 30 (thirty) days after the Company shall have been relieved of
obligations in accordance with the provisions of clause 9.1 above.
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 9
9.3
In the event of BANKSETA being of the opinion that the Company is not in
compliance with any material provision of this Agreement, the BANKSETA shall
inform the Company and request the Company to remedy such non-compliance
within 10 (ten) working days of such notice.
9.4
Should the BANKSETA determine that the non-compliance contemplated in
clause 9.3 above has not been remedied within the period contemplated in
clause 9.3 above, it may suspend this Agreement. Such suspension must be in
writing and must set forth the reasons for it.
10.
TERMINATION
10.1
Once this Agreement has been suspended, as contemplated in clause 9.4
above, BANKSETA may at any time thereafter, terminate this Agreement by
giving 2 (two) weeks written notice to the Company.
10.2
It is specifically recorded that this Agreement may be summarily terminated if at
any stage the Company:
10.2.1
Becomes insolvent; or
10.2.2
Is guilty of fraud, dishonesty, wilful default, gross negligence, gross
incompetence or other serious misconduct.
10.3
Notwithstanding anything to the contrary, whether express or implied, contained
in this Agreement, the Company specifically agrees and acknowledges that:
10.3.1
BANKSETA’s right to terminate this Agreement shall be regulated by this
Agreement and the Law of the Republic of South Africa alone;
10.3.2
The Company is not permanently contracted by BANKSETA;
10.3.3
A valid and lawful termination of this Agreement shall be deemed to constitute a
“fair dismissal” of the Company for any and all purposes; and
10.3.4
Upon termination of this Agreement for any reason, the Company will not be
entitled to, nor will the Company claim, any discontinuation or severance
benefits, irrespective of the circumstances giving rise to any such claim. This
clause 10.3.4 shall survive termination of this Agreement.
10.4
Should the Company not deliver on a particular aspect of the Service, the
BANKSETA reserves the right to withhold payment on such Service aspect until
complete delivery of such deliverable has been made by the Company to the
written satisfaction of the BANKSETA.
10.5
Upon this Agreement terminating for any reason whatsoever, the Company
shall take immediate steps to bring the Agreement to a close in a prompt and
orderly manner and to reduce expenditure to a minimum.
11.
WARRANTS
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 10
The Company warrants that:
11.1
It is able to conclude this Agreement to the satisfaction of BANKSETA.
11.2
Although the Company will be entitled to provide services to persons other than
BANKSETA, the Company shall not without the prior written consent of
BANKSETA, be involved in any manner whatsoever, directly or indirectly, in any
business or venture which competes or conflicts with the obligations of the
Company to provide the Services.
12.
DISPUTE RESOLUTION
12.1
The validity, interpretation and performance of this Agreement shall be
governed by the Laws of the Republic of South Africa.
12.2
Any dispute arising from or in connection with this Agreement (other than an
urgent application to a court of competent jurisdiction) shall be finally resolved
in accordance with the rules or the Arbitration Foundation of South Africa by an
arbitrator or arbitrators appointed by the Foundation or it’s successors.
13.
CONTRACT VARIATIONS
Save as expressly provided for in this Agreement, the Agreement may only be
varied by mutual agreement. No variation, modification or waiver of any
provisions of this Agreement, or consent to any departure therefrom, shall in
any way be of any force or effect unless confirmed in writing and signed by the
Parties and then such variation, modification, waiver or consent shall be
effective only in the specific instance and for the purpose and to the extent for
which made or given.
14.
PARTIES NOT AFFECTED BY WAIVER OF BREACHES
14.1
The waiver (whether express or implied) by any Party of any breach of the
terms or conditions of this Agreement by the other Party shall not prejudice any
remedy of the waiving party in respect of any continuing or other breach of the
terms and conditions hereof.
14.2
No favour, delay, relaxation or indulgence on the part of any Party in exercising
any power or right conferred on such Party in terms of this Agreement shall
operate as a waiver of such power or right nor shall any single or partial
exercise of any such power or right under this Agreement.
14.3
The expiry or termination of this Agreement shall not prejudice the rights of any
Party in respect of any antecedent breach or non-performance by the other
Party of any of the terms or conditions hereof.
15.
SOLE AGREEMENT
This Agreement constitutes the sole Agreement between the Parties and no
representation not contained herein shall be of any force or effect between the
Parties.
Tender No BS/2004/SK/013/CON/06
VEND 02
16.
Tender document issued by the BANKSETA
Page 11
DISSOLUTION
In the event of the dissolution of a Party, such Party shall honour all outstanding
obligations in terms of this Agreement vis-à-vis the other Party.
17.
DOMICILIUM
The Parties hereto choose domicilia citandi et executandi for all purposes of
and in connection with this Agreement as follows:
17.1
BANKSETA: Thornhill Office Park, Building 15, 94 Bekker Road, Midrand
17.2
The Company: ……………………………………………………………………….
18.
ASSIGNMENT
Save as expressly provided for in this Agreement, neither BANKSETA nor the
Company may sell, assign, cede, transfer or hypothecate any of the rights or
interests created under this Agreement or delegate any of the obligations or
duties hereunder, without the prior written consent of the other Party.
19.
TIME OF THE ESSENCE
It is recorded that the timeous execution by the Company of the Services and
obligations as required by this Agreement, is material and of the essence to this
Agreement.
20.
FORCE MAJEURE
No Party will be liable for failure to perform any obligation in terms hereof in the
event and to the extent that such failure is caused by force majeure.
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 12
I/We ………………………………………………………………………….. hereby confirm
that I have satisfied myself with the terms and conditions of this Agreement and fully
accept all the terms and conditions as stipulated in this Agreement.
I hereby accept full responsibility for the proper execution and fulfilment of all obligations
and conditions devolving on me/us under this Agreement as the Principal(s) liable for the
due fulfilment of this Agreement.
I/We agree that any action arising from this Agreement may in all respects be instituted
against me/us and I/we hereby undertake to satisfy fully any penalties which may be
pronounced against me/us as a result of such action.
DONE AND SIGNED at ……………………………………… on this ………… day of
………………………… 2004.
……………………………………
Signature for and/or on behalf of the Company, being duly authorised thereto
AS WITNESSES:
1,
…………………………………………
2.
…………………………………………
DONE AND SIGNED at ……………………………………… on this ………… day of
………………………… 2004.
……………………………………
Signature for and/or on behalf of the BANKSETA being duly authorised thereto
AS WITNESSES:
1,
…………………………………………
2.
…………………………………………
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 13
ANNEXURE “A”
THE SERVICES as per the Terms of Reference
Terms of Reference
The services descriptions shall be negotiated and
agreed upon by the parties before signing the
contract and shall form of the contract.
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 14
ANNEXURE “B”
THE FEE
CONTRACT NO: BS/2004/SK/013/CON/06
FEES
The BANKSETA will pay the Company the Fees as set out hereunder. This amount is
inclusive of VAT. These amounts are for the Services to be provided in terms of this
Agreement. These amounts will be paid in accordance with the presentation of agreed
upon deliverables as per the Agreement.
REIMBURSEMENT OF EXPENSES
BANKSETA will reimburse the Company for budgeted disbursements provided for in this
Agreement.
Disbursements will be reimbursed at actual cost incurred in order to put the Company in
the position it was in before the expense was incurred. Claims for disbursements must
be submitted as follows:

Disbursements are to be claimed by submitting an invoice, with the relevant valid
receipts attached, for authorisation to the appropriate sub-project manager.

Once approved, the sub-project manager will comply with approved financial
procedures for submission and approval of payments.

Disbursements will only be made once the activities such expenditure relates to, are
completed.

Disbursements will not exceed the budgeted amount provided for in this Agreement.

Should an expense budgeted for in the approved project plan not be incurred, no
claim may be made.

Unless otherwise agreed with BANKSETA in writing, disbursements will only be
made on the following basis:



Air travel at economy class rates
“A” or “B” grade car rental
South African 3 star or equivalent hotel accommodation.
The contract amount is a ceiling amount that may not be exceeded without prior written
approval from the BANKSETA. The Company will be required to adhere to all invoicing
requirements as stipulated in this Agreement.
The maximum amounts will be reviewed periodically with the Company and the Client
and once 75% of the maximum amount is reached, consideration will be given as to
whether the Services can be rendered within the remaining time and amount available.
Tender No BS/2004/SK/013/CON/06
VEND 02
Tender document issued by the BANKSETA
Page 15
ANNEXURE “C”
THE PROJECT PLAN
Tender No
VEND 02
BS/2004/SK/013/CON/06
Tender document issued by the BANKSETA
Page 17
BANKSETA Tender Box Location:
__________________________________________________________________
_______________________________________________________________
THORNHILL OFFICE PARK
BLOCK 15
94 BEKKER STREET
MIDRAND
011 805 9661