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THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED
(SANRAL)
RFP No. 58400/2015/FS
FOR THE PROVISION OF COMPREHENSIVE TAX ADVISORY
AND OTHER RELATED SERVICES
…
THIS DOCUMENT COMPILED BY:
The South African National Roads Agency Ltd
48 Tambotie Avenue
Val de race
Pretoria
0184
Tel: (012) 844 8000 Fax: (012) 362 2101
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TABLE OF CONTENTS PAGE RFP NOTICE AND INVITATION…………………………………………………………3
REQUEST FOR PROPOSAL
1. OVERVIEW……………………………………………………………..5
2. BACKGROUND………………………………………………………...5
3. SCOPE OF THE WORK……………………………………………….6
4. GENERAL CONDITIONS……………………………………………..10
5. PROPOSAL CONTENT……………………………………………….10
6. PROPOSAL EVALUATION AND SELECTION……………………..13
7. PROPOSAL RULES…………………………………………………...16
RFP RETURNABLE SCHEDULES
APPENDIX A: PROFORMA LETTER OF APPLICATION………………27
FORM A: CERTIFICATE OF AUTHORITY FOR SINATORY……………..30
FORM B: COMPULSORY ENTERPRISE QUESTIONNAIRE…………….31
FORM C: SCHEDULE OF VARIATIONS OR DEVIATIONS………………34
FORM D: SCHEDULE OF ADDENDA TO RFP…………………………….35
FORM E: TAX CLEARANCE CERTIFICATE……………………………….36
FORM F: DECLARATION OF INTEREST…………………………………...37
FORM G: DECLARATION OF PROPOSER’S PAST SUPPLY CHAIN….14
MANAGEMENT PRACTICES………………………………………………...14
FORMH: CERTIFICATE OF INSURANCE COVER……………………….43
FORM I: TEAM DETAILS……………………………………………………..44
FORM J: CURRICULLUM VITAE TEMPLATE……………………………..45
FORM K: BEE VERIFICATION CERTIFICATE…………………………….47
FORM L: LITIGATION HISTORY…………………………………………….48
FORM M: SBD9………………………………………………………………..49
APPENDIX B: GENERAL CONDITIONS OF CONTRACT………………..53
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REQUEST FOR PROPOSAL NOTICE AND INVITATION
RFP NO: 58400/2015/FS
REQUEST FOR PROPOSAL FOR THE PROVISION OF COMPREHENSIVE TAX ADVISORY AND OTHER RELATED SERVICES
The South African National Roads Agency Limited (SANRAL) invites proposals
from qualified Service Provider/s to enter into an agreement for the provision of
comprehensive tax and other related services. The agreement will be for a base
period of two (2) years from the date of award, with the option to renew for
another twelve (12) months 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 1
April 2015 to 31 March 2017.
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.
SANRAL reserves the right to award the Request for Proposal as a whole or in
part and is under no obligation to accept the lowest or any proposal.
The closing time for receipt of proposals is 14H00 noon of Friday 27
February 2015. The proposal closes at the SANRAL’s Northern Region Office at
38 Ida Street, Menlyn Pretoria.
Telegraphic, telephonic, telex, email, facsimile and late proposals will not be
accepted.
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Queries relating to issues arising from these documents may be addressed to
Mr Dion Masombuka
Tel: No (012) 844-800 ext 8034
Fax No (012) 844-8200
E-mail: [email protected]
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REQUEST FOR PROPOSALS
OVERVIEW
The South African National Roads Agency Limited is soliciting proposals from
qualified Service Provider/s to enter into an agreement for the provision of
comprehensive tax and other related services. The agreement will be for a base
period of three (3) years from the date of award, with an option to renew purely at
the discretion of SANRAL.
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 Val de Grace, Pretoria and has four regional offices namely:
Northern Region (Menlyn, Pretoria), Eastern Region (Pietermaritzburg), Southern
Region (Port Elizabeth) and Western Region (Cape Town). SANRAL has two
primary sources of income. Non-toll roads (84.2 percent of the total national road
network) are funded from allocations made by the National Treasury. Toll roads
(15.8 percent of the total national road network) are funded from borrowings on
capital markets. The organization’s fiscal year-end is 31 March. For more
information, please visit our website at www.sanral.co.za
The toll segment is an enterprise for VAT purposes and SANRAL has four
separately VAT registered divisions namely:
SANRAL conventional toll division
Gauteng Open Road Tolling (e-toll division)
Transaction Clearing House (e-toll division)
Violations Processing Centre (e-toll division)
The commencement of e-tolling on 3 December 2013 significantly increased the
tax pool for the company and resulted in many challenges from a tax perspective.
It is therefore on this basis that the company seeks to appoint a tax consulting
and or accounting firm which has extensive knowledge and experience in the
provision of tax advisory and other related services for State Owned Entities
(SOC’s) or similar organisations to mitigate this exposures.
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SCOPE OF WORK The South African National Roads Agency Limited (SANRAL) is soliciting proposals from Service Provider/s that will offer the following services:
A. GENERAL REQUIREMENTS
The typical scope of work/ services that the service providers will be required
to provide on an ad hoc basis include but not limited to the following:
1. lodging of annual company returns (IT14) for SANRAL and its three
business units namely: Transaction Clearing House (TCH), Gauteng Open
Road Tolling (GORT), Violations Processing Centre (VPC)
2. completing and submitting applications to Revenue Authorities for Value
Added Tax (VAT) rulings on specific transactions for all the above
separately registered tax divisions as and when required,
3. Assisting with Pay As You Earn (PAYE) annual reconciliations, VAT
Certificates, Exemptions and other technical aspects on the tax treatment
in the company;
4. Providing assistance with the interpretation of tax law as well as on-going
legislative and regulatory changes and new case law that gives rise to
changes in the application and interpretation of the tax laws
5. Identify tax and system risks and exposures associated with the
operations, controls and provide mitigations for those risks;
6. Perform annual Tax audits in the company with a purpose of detecting
compliance with required legislation;
7. Assistance with the recovery of any tax credits from revenue authorities
within reasonable time and cost;
8. Assist with Value Added Tax (VAT) regulatory audits and other Vat related
matters as and when required;
9. Do a yearly analysis of staff skills and provide Vat and other tax related
training to finance staff
10. On an annual basis highlights potential tax planning/savings opportunities
for the company;
11. Provide ad-hoc advise or services at the request of SANRAL
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B. SPECIFIC REQUIREMENTS TO BE MET It is expected that the winning bidder shall demonstrate the following
requirements:
a) Knowledge and experience in the provision of indirect tax advisory to
State Owned Entities (SOC’s). This service must have been provided over
a minimum period of three years;
b) Knowledge and experience of tax rulings and exemptions for State Owned
Entities (SOC’s);
c) Knowledge and experience of Public Finance Management Act (PFMA)
and Treasury Regulations
d) Bidders must have available staff compliments of four who are registered
tax consultants or practitioners with a recognized professional body in
South Africa;
e) Bidders must also have presence in at least four provinces in South Africa
namely, Gauteng, Pietermaritzburg, Cape Town and Port Elizabeth
Deliverables:
a) Annual tax audit report specifying each case of non-compliance and the
necessary remedy;
b) A simplified tax guide or plan with specific focus on SANRAL interest
areas once per annum;
c) Annual training schedules for staff including manuals for each focus areas
(see point 9 above);
d) Tax clearance certificates for each registered division also annually;
e) Responses to the tax authority on issues raised (where applicable)
f) Report and letters at the request of SANRAL;
g) Provide a draft Service Level Agreement (SLA) and attached to appendix
C below (see last page)
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C. FINANCIAL REQUIREMENTS
Please provide the following: a) Describe how SANRAL will be charged for the service required by
providing a price structure. All charges must be specified and priced
separately.
b) Please provide the pricing information as required in the table below.
c) Provide various types of services or options, discounts and additional
information that will allow cost savings towards SANRAL.
d) Describe and provide any indirect costs
e) Describe any daily, weekly, monthly rates applicable for providing the
service
f) Pricing structure must also include the cost for training manuals, cost for
the tax guide and the price per hour for the training
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Please provide your hourly rates for your personnel/ experts in the table below:
Activity
Resource/
Expert
Rate per
hour
Discount (if applicable)
Indirect cost (Describe)
All prices must be VAT exclusive and must be quoted in South African
Rand (ZAR).
Are the rates quoted above firm for the full period of the contract?
YES NO
Important: If not firm for the full period, provide details of the basis on which adjustments shall be applied e.g. CPI
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D. ADDITIONAL REQUIREMENTS
BEE ratings: Please provide the BEE verification certificate as required per Form K.
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 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 four (4) hard copies and one (1)
electronic copy of their entire proposal, including all the documentation
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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 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 27 February 2015, and must be enclosed in a
sealed envelope which must have clearly inscribed on the outside:
(a) RFP No: 58400/2015/FS
(b) RFP for the provision of comprehensive tax and other
related services
(c) Closing date: 14H00, Friday, 27 February 2015
4.3.2 Proposals are to be submitted in the marked proposal box, in the reception
area, of SANRAL’s Office situated at 38 Ida Street, Menlo Park Pretoria, The proposal box will only be available for the depositing of proposals between 8h00 and 16h00 on weekdays only (excluding public holidays).
4.3.3 Please note that this RFP closes punctually at 14h00 on Friday, 27
February 2015. No late submissions will be considered under any circumstances whatsoever.
4.3.4 All the documentation referred to in this document must be submitted. The
documents to be submitted includes the invitation, The Scope of Works, the General Conditions, the Proposal Rules, all required forms, whether used or not, the General Conditions of Contract and the Proposer’s Proposal. Each page must be initialled by the Proposer or the Lead Proposer as the case may be. 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: 58400/2015/FS. 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.
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4.3.8 Only participants that are short-listed after the evaluation process will be informed of the results of the submission evaluation process.
4.3.9 After the evaluation process is completed, the Evaluation Committee will draw up a shortlist of participants and may require them to make a presentation to the Adjudication Committee. A minimum of 5 days’ notice will be given to relevant participants in advance of the presentation date.
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
Provide a detailed management and operational plan that the Service Provider proposes 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.
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.
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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 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;
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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. An Evaluation Committee consisting of senior officials from the South African National Roads Agency Limited and complying with the SANRAL’s Supply Chain Management Policy will evaluate the bid proposals. The panel will each individually evaluate each of the proposals received against the criteria listed below. Technical and Financial proposals will be evaluated separately. It is therefore important that the two proposals are separated on submission. A recommendation from the Evaluation Committee will be forwarded to the Adjudication Committee of the SANRAL who in terms of SANRAL’s Supply Chain Management Policy will adjudicate and award the contract. 6.3 Test for responsiveness SANRAL shall determine, on opening and before detailed evaluation, whether each Proposal properly received:
a) meets the requirements of this Request for Proposal b) has been properly and fully completed and signed, and c) is responsive to the other requirements of the tender documents.
A responsive Proposal is one that conforms to all the terms, conditions and specifications of the Proposal documents without material deviation or qualification. A material deviation or qualification is one which, in the SANRAL’s opinion, would:
detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work,
change the SANRAL’s or the Proposer’s risks and responsibilities under the contract, or
affect the competitive position of other Proposers presenting responsive tenders, if it were to be rectified.
SANRAL may reject a non-responsive Proposal, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation, unless it can be subsequently rendered responsive by correction that does not prejudice the other Proposers.
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6.4 WEIGHT EVALUATION CRITERIA: The preference points system as prescribed in the Preferential Procurement
Policy Framework Act will be applied as follows:
The 90/10 system for procurement exceeding R1 000 000-00
The weighting for evaluation is summarised below:
The preference points system as prescribed in the Preferential Procurement
Policy Framework Act will be applied as follows:
The 90/10 system for procurement exceeding R1 000 000-00
The weighting for evaluation is summarised below:
Adjudication Category for Services Weighting
Technical
Capability
Infrastructure of company, experience and capacity 70
Suitability
Evaluation based on the quality of the response, feasibility, quality and content.
30
PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT
Pricing Ranking of the pricing, feasibility and sustainability of the service delivery based
on the price provided.
90
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 required to qualify from the technical evaluation to the pricing and BEE evaluation is 80%. This may be adjusted at SANRAL’s discretion in the event that proposals fail to achieve the threshold in sufficient number to allow a competitive analysis. All financial proposals of proposers whose technical proposal does not meet the above requirement will be returned unopened to the proposer. SANRAL reserves the right to request one or more proposers, who have scored, according to SANRAL, the highest scores for their proposals, to enter into negotiations with SANRAL regarding the award.
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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. The Invitation, Scope of Works, General Conditions, Proposal Rules, General Conditions of Contract, 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 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.
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7.4 ALTERATIONS TO PROPOSAL DOCUMENTS
7.4.1 No unauthorised alteration or addition shall be made to the letter of
proposal, the Invitation, Scope of Works, General Conditions, Proposal Rules, General Conditions of Contract 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 (Postulated Proposal). The proposer shall request SANRAL in writing as per 7.23 to clarify any point. SANRAL shall inform all the proposers of all such points in question as per 7.23 hereof.
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. NO QUALIFIED PROPOSAL WILL BE EVALUATED UNLESS A POSTULATED PROPOSAL IN TERMS OF THIS PROPOSAL HAS BEEN PROVIDED
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 (Postulated Proposal).
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.
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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
Proposers are advised that there will be no clarification meeting for this proposal. All queries arising from this proposal must be addressed as required on point 7.23 below.
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:
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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 AND PROPOSAL VALIDITY
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 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 hundred and twenty (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.
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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 favourable 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;
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
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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 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.
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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.
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.
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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. . Should the Proposer not provide the material, or satisfactory reason as to why it cannot be provided, by the time for submission, the SANRAL may regard the Proposal as non-responsive
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 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.
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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.
7.18 DISQUALIFICATION OF PROPOSAL
The proposal of any proposer who has not conformed to this Request for
Proposal including, but not limited to, these proposal rules and the instructions reflected in the official Proposal Notice may be disqualified at the sole discretion of SANRAL.
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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.
7.23 CLARIFICATION QUESTIONS All questions for clarification must be addressed to Mr Dion Masombuka
and faxed at (012) 844-8200 or e-mailed to [email protected] to reach the SANRAL before 16h00 on Friday, 20 February 2015. Any question received after the said date and time will not be considered or answered by SANRAL. All answers to questions and/or clarifications will be provided to all Proposers by SANRAL not later than 16:00 on Wednesday, 25 February 2015.
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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 Proposer”), 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 Address and communication details
Name Address and communication details
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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:
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.
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(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) signed so as to legally bind all partners, jointly and severally; and (b) 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.
7. 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: Company registration number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
Name of institution, public office, board or organ of state and position held
Status of service (tick appropriate column)
Current Within last 12 months
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*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
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 spouse, child or parent
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: SCHEDULE OF VARIATIONS OR DEVIATIONS BY PROPROSER
PAGE
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: SBD 4
DECLARATION OF INTEREST
1. Any legal person, including persons employed by the state¹, or persons having a kinship
with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-
- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a
relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(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 bid.
2. In order to give effect to the above, the following questionnaire must be completed
and submitted with the bid. 2.1 Full Name of bidder or his or her representative:
…………………………………………………………. 2.2 Identity Number:
………………………………………………………………………………………………… 2.3 Position occupied in the Company (director, trustee, shareholder²):
…………………………………….. 2.4 Company Registration Number:
………………………………………………………………………..……. 2.5 Tax Reference Number:
………………………………………………………………………………….……… 2.6 VAT Registration Number:
……………………………………………………………………………….... 2.6.1 The names of all directors / trustees / shareholders / members, their individual identity
numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.
¹“State” means –
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(a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the
enterprise or business and exercises control over the enterprise.
2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member: ……....……………………………… Name of state institution at which you or the person connected to the bidder is employed : ……………………………………… Position occupied in the state institution: ……………………………………… Any other particulars: ………………………………………………………………
……………………………………………………………… ………………………………………………………………
2.7.2 If you are presently employed by the state, did you obtain YES / NO
the appropriate authority to undertake remunerative work outside employment in the public sector?
2.7.2.1 If yes, did you attached proof of such authority to the bid YES / NO
document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.
2.7.2.2 If no, furnish reasons for non-submission of such proof:
……………………………………………………………………. ……………………………………………………………………. …………………………………………………………………….
2.8 Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct
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business with the state in the previous twelve months? 2.8.1 If so, furnish particulars:
………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………...
2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?
2.9.1If so, furnish particulars. ……………………………………………………………... …………………………………………………………..….
………………………………………………………………
2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?
2.10.1 If so, furnish particulars.
……………………………………………………………… ……………………………………………………………… ………………………………………………………………
2.11 Do you or any of the directors / trustees / shareholders / members YES/NO
of the company have any interest in any other related companies whether or not they are bidding for this contract?
2.11.1 If so, furnish particulars: ……………………………………………………………………………. ……………………………………………………………………………. …………………………………………………………………………….
3 Full details of directors / trustees / members / shareholders.
Full Name Identity
Number
Personal Tax
Reference Number
State Employee
Number / Persal
Number
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4 DECLARATION
I, THE UNDERSIGNED (NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………….. ..…………………………………………… Signature Date …………………………………. ……………………………………………… Position Name of bidder
May 2011
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Form G: DECLARATION OF PROPOSER’S PAST SUPPLY CHAIN MANAGE-MENT PRACTICES
In order to give effect to the above, the following questionnaire must be completed and submitted with the proposal. Item Question Yes No 1. 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?
1.1 If so, furnish particulars:
2. 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)?
2.1 If so, furnish particulars:
3. 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?
3.1 If so, furnish particulars:
4. 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?
4.1 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.
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__________________________________ _____________________ 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: .........................................................................
(INTENTIONALLY LEFT BLANK) 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 Position in
team Current position
Years of experience
Education Relevant specialist areas of knowledge demonstrating suitability for position
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Form J: CURRICULUM VITAE TEMPLATE Proposed role in the project:
1. Family name
2. First name:
3. Date of birth:
4. Nationality
5. Education
Institution (Date from - Date to)
Degree(s) or Diploma(s) obtained
6. Membership of
professional bodies
7. Other skills (e.g.
computer literacy, etc.)
8. Present position:
9. Years within the
organisation:
10. Key qualifications
(relevant to the project)
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11. Professional experience
Date (From – To) (mm/yy)
Organisation
Location
Position
Description of duties
Date (From – To) (mm/yy)
Organisation
Location
Position
Description of duties
12. Other relevant
information (e.g. Publications)
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Form K: BEE VERIFICATION CERTIFICATE
Bidders are required to submit original and valid B-BBEE Status Level Verification Certificates or certified copies thereof together with their bids, to substantiate their B-BBEE rating claims. Please attach hereto a B-BBEE Status Level Verification Certificates issued by a South African National Accreditation System accredited Verification Agency from the will be valid. In the event that no certificate is attached or the Verification Agency does not comply with the above, preference points of zero (0) will be allocated.
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FORM L: 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
Name of Client, Cause of Litigation, and
Matter in Dispute
Disputed Amount
(current value,
RSA Rand
Equivalent
Signature :
________________________
Designation :
______________________
Company :
________________________
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SBD 9 Form M: CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended,
prohibits an agreement between, or concerted practice by, firms, or a decision
by an association of firms, if it is between parties in a horizontal relationship and
if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se
prohibition meaning that it cannot be justified under any grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:
a. disregard the bid of any bidder if that bidder, or any of its directors have
abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.
b. cancel a contract awarded to a supplier of goods and services if the
supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions
to ensure that, when bids are considered, reasonable steps are taken to prevent
any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination
(SBD 9) must be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to
raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a
bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.
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SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
________________________________________________________________________
(Bid Number and Description)
in response to the invitation for the bid made by:
________________________________________________________________________
(Name of Institution)
do hereby make the following statements that I certify to be true and complete in every
respect:
I certify, on behalf of:__________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is
found not to be true and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the
accompanying bid, on behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been
authorized by the bidder to determine the terms of, and to sign the bid, on behalf
of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that
the word “competitor” shall include any individual or organization, other than the
bidder, whether or not affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line of
business as the bidder
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SBD 9
6. The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor.
However communication between partners in a joint venture or consortium³ will
not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has
been no consultation, communication, agreement or arrangement with any
competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered
(market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications
and conditions of the bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or
arrangements with any competitor regarding the quality, quantity, specifications
and conditions or delivery particulars of the products or services to which this bid
invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by
the bidder, directly or indirectly, to any competitor, prior to the date and time of
the official bid opening or of the awarding of the contract.
³ Joint venture or Consortium 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.
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SBD 9
10. I am aware that, in addition and without prejudice to any other remedy provided
to combat any restrictive practices related to bids and contracts, bids that are
suspicious will be reported to the Competition Commission for investigation and
possible imposition of administrative penalties in terms of section 59 of the
Competition Act No 89 of 1998 and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted
from conducting business with the public sector for a period not exceeding ten
(10) years in terms of the Prevention and Combating of Corrupt Activities Act No
12 of 2004 or any other applicable legislation.
…………………………………………………
…………………………………
Signature Date
………………………………………………….
…………………………………
Position Name of Bidder
Js914w 2
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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.
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1.2.6 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 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 Faulty design of the subcontract works and materials to be supplied if and where
such design is the responsibility of the Supplier; 1.3.1.2 Materials, faulty workmanship or failure of the goods if and where the goods were
manufactured and/or supplied by the Supplier; 1.3.1.3 Any negligence by the Supplier, his agents, workmen and servants; 1.3.1.4 Any claims from the aforesaid; 1.3.1.5 Any injuries and/or damages incurred on the site 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
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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;
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.
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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.
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
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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 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.
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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 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
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, Sub-Suppliers 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.
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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.
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
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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. 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.
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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. 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 Installation Phase of
the Works and acceptance thereof by SANRAL (refer to Project Specifications), 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 14 (fourteen) 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
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to do so, the dispute may be submitted by either party to the Gauteng High Court for urgent or interim relief.
1.25.4 Notwithstanding any contrary provisions in this Agreement, any Party shall have
the right to approach the Gauteng High Court for urgent or interim 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: 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 DRAFT SERVICE LEVEL AGREEMENT (PLEASE ATTACH TO THIS PAGE)
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