Request for Bid s1

REQUEST FOR QUOTATION PROFESSIONAL SERVICES

QUOTATION DETAILS

QUOTATION NUMBER: AS/2011/RFQ/009/SECURITY

CLOSE Date: 13 May 2011 Time: 11:00

DESCRIPTION: AgriSeta requires the services of one security officer, on the level of Grade D, to provide security services to the staff and tenants of AgriSETA building, to monitor and control access to the premises.

BRIEFING SESSION: Yes No X See division 1 on Special Conditions of Quotation and Contract that the respondent needs to take note of.

DETAILS OF RESPONDENT

Organisation/individual: Contact person: Date: Email address: Telephone Number: Cellular Number: Fax Number:

ORIGINAL COPY

Procurement process administered by AgriSETA

Quotation No: AS/2011/RFQ/009/SECURITY AgriSETA Quotation Document

Glossary

GLOSSARY

AgriSETA Agricultural Sector Education and Training Authority Award Conclusion of the procurement process and final notification to the effect to the successful bidder B-BBEE Broad-based Black Economic Empowerment in terms of the Broad-based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) and the Codes of Good Practice issued thereunder by the Department of Trade and Industry Bid Written offer in a prescribed or stipulated form in response to an invitation by AgriSETA for the provision of goods, works or services Contractor Organisation with whom AgriSETA will conclude a contract and potential service level agreement subsequent to the final award of the contract based on this Request for Bid Core Team The core team are those members who fill the non-administrative positions against which the experience will be measured. DTI Department of Trade and Industry GCC General Conditions of Contract IP Intellectual Property NIPP National Industrial Participation Programme Original Bid Original document signed in ink, or Copy of original document signed in ink, or Submitted Facsimile of original document signed in ink SCM Supply Chain Management SLA Service Level Agreement

Content Page

DOCUMENTS IN THIS QUOTATION DOCUMENT PACK

Respondents are to ensure that they have received all pages (pp 53) of this document, which consist of the following sections:

SECTION A Note: Documents in this section are for information to/instruction of respondents and must not be returned with quotations.

 Section A Part 1: Background

 Section A Part 2: Quote Submission Conditions and Instructions:

 Section A Part 3: General Conditions of Contract (Available on the AgriSeta website at www.org.za)

 Section A Part 4: Terms of Reference

 Section A Part 5: Evaluation Process/Criteria

 Section A Part 6: Contract Form (Rendering of Services) (Parts 1 & 2) (The pro forma contract is only included for respondents to take note of the contents of the contract that will be entered into with the successful contractor)

SECTION B Note: Documents in this section must be completed and returned or supplied with quotations.

 Section B Part 1: Special Conditions of Quotation and Contract: Special conditions that the respondent needs to accept

 Section B Part 2: Tax Clearance Certificate (The tax clearance certificate requirements page must not be returned with quotations)

 Section B Part 3: Declaration of Interest

 Section B Part 4: Declaration of bidder’s past SCM practices

 Section B Part 5: Certificate of Independent Bid Determination

 Section B Part 6.1: Preference Points Claim Form in terms of the Preferential Procurement Regulations 2001 (Purchases)

 Section B Part 6.2: Preference Points Claim Form in terms of the Preferential Procurement Regulations 2001 (Promotion of Small Enterprises)

 Section B Part 7: Invitation to Quote

 Section B Part 8: CV Template Guideline

 Section B Part 9: Pricing Schedule (Professional Services)

SECTION A

SECTION A Part 1: Background

BACKGROUND

AgriSETA covers all the economic sub sectors previously demarcated to PAETA (Primary Agriculture) and SETASA (Secondary Agriculture). As the list of sub sectors is identified by their SIC codes, is quite extensive, the following is a broad summary:

 All types of farming such as horticulture, animal husbandry, game, fish, crop and mixed farms  Slaughtering and handling of meat and livestock products – red meat and poultry (including egg production)  Processing of fibre, tea & coffee, macadamia nuts and tobacco  Packing, drying, liquefying, exporting and importing fruit  Milling, manufacture, storage and handling of sugar and grain products and starch  Animal feeds and pet foods  Sales and distribution of agricultural raw materials and other farming inputs and requisites  Agricultural research  Pest Control

 Seed production and marketing The Minister of Labour, after consultation with the National Skills Development Authority, has under section 9(1) of the Skills Development Act, 1998 (Act No. 97 of 1998) read with Government Notice No. R.1082 of 7 September 1999 as amended, established the Sector Education and Training Authorities (SETAs) as indicated in the Schedule 1 from 01 July 2005 to 31 March 2010 with a jurisdiction as indicated in schedule 2 of Government Notice No. R.656. The functions of AgriSeta are inter alia to:

 develop a sector skills plan within the framework of the national skills development strategy;  implement its sector skills plan by establishing learnerships, approving workplace skills plans, allocating grants as well as monitoring education training in the sector;  promote learnerships by identifying workplaces for practical work experience, supporting the development of learning materials, improving the facilitation of learning and assisting in the conclusion of learnership agreements;  register learnership agreements;  obtain accreditation from the South African Qualifications Authority;  collect and disburse the skills development levies in its sector;  liaise with the National Skills Authority on the national skills development policy, the national skills development strategy as well as its sector skills plan;  report to the Director-General of Labour on its income and expenditure as well as the implementation of it sector skills plan;  liaise with the employment services of the Department of Higher Education and Training and any education body established under any law regulating education in the Republic of South Africa to improve information about employment opportunities and information between education training providers and the labour market;  appoint staff necessary for the performance of its functions; and

 perform any other duties imposed by the Skills Development Act and the Skills Development Levies Act or consistent with the purposes thereof.

All the quotations by AgriSETA are intended to promote the objectives of AgriSETA.

Section A Part 2: Quote Submission Conditions and Instructions

QUOTE SUBMISSION CONDITIONS AND INSTRUCTIONS

CONDITIONS AND INSTRUCTIONSTHAT RESPONDENTS NEED TO TAKE NOTE OF

1 FRAUD AND CORRUPTION

1.1 All providers are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No 12 of 2004 and any other Act applicable.

2 BRIEFING SESSION

2.1 No briefing session will be held.

3 CLARIFICATIONS/ QUERIES

3.1 Any clarification required by a respondent regarding the meaning or interpretation of the Terms of Reference, or any other aspect concerning the quotation, is to be requested in writing (letter, facsimile or e-mail) from Annetjie Labuscagne by not later than 9 May 2011 at 10:00. A reply will be forwarded within three (3) working days. All questions and answers will be published on the AgriSETA website and e-mails to all prospective respondents after the above date. The quotation number should be mentioned in all correspondence. Telephonic requests for clarification will not be accepted. If appropriate, the clarifying information will be made available to all respondents by e-mail only.

4 SUBMITTING QUOTATIONS

1.1 One (1) original plus three (3) hard copies as well as one (1) soft copy (CD) of the bid, i.e. four documents and a CD be handed in/delivered to:

The Core Function Manager AgriSETA AgriSETA House 529 Belvedere Street Arcadia

4.1 NB: Respondents must indicate on the cover of each document whether it is the original or a copy.

4.2 Quotations should be submitted in a sealed envelope, marked with:

 Quotation number (AS/2011/RFQ/009/SECURITY)  Closing date and time (13 May 2011)  The name and address of the respondent.

4.3 Documents submitted on time by respondents shall not be returned.

5 LATE SUBMISSIONS

5.1 Quotations received late shall not be considered. A quotation will be considered late if it arrived even one second after 11:00 or any time thereafter. The tender (bid) box shall be locked at exactly 11:00 and quotations arriving late will not be considered under any circumstances. Quotations received late shall be returned unopened to the respondent. Respondents are therefore strongly advised to ensure that quotations be despatched allowing enough time for any unforeseen events that may delay the delivery of the quotation.

5.2 Quotations sent to the AgriSETA via normal post or any other mechanism shall be deemed to be received at the date and time of arrival at the AgriSETA premises (tender/bid box or reception). Quotations received at the physical address after the closing date and time of the quotation, shall therefore be deemed to be received late.

5.3 Bidders should, in preparing their bids, plan for delays related to the load shedding of electricity by ESKOM in order to submit bids on time. No late bids due to load shedding will be considered.

6 DIRECTIONS TO AGRISETA OFFICES FOR DELIVERY OF QUOTATIONS

6.1 Physical Address

The Core Function Manager AgriSETA AgriSETA House 529 Belvedere Street Arcadia 0084

DIRECTIONS TO AGRISETA

7 NEGOTIATION

7.1 The AgriSETA have the right to enter into negotiation with one or more respondents regarding any terms and conditions, including price(s), of a proposed contract.

7.2 The AgriSETA shall not be obliged to accept the lowest of any quotation, offer or proposal.

7.3 All respondents will be informed whether they have been successful or not. A contract will only be deemed to be concluded when reduced to writing in a formal contract signed by the designated responsible person of both parties. The designated responsible person of the AgriSETA is Mr Jeremia Sello Madiba or his written authorised delegate.

7.4 AgriSETA also reserves the right to enter into one contract with a respondent for all required functions or into more than one contract with different respondents for different functions.

7.5 Under no circumstances will negotiation with any bidders constitute an award or promise / undertaking to award the contract.

8 ACCESS TO INFORMATION

8.1 All respondents will be informed of the status of their submission once the procurement process has been completed.

8.2 Requests for information regarding the quotation process will be dealt with in line with the AgriSETA SCM Policy and relevant legislation.

9 REASONS FOR REJECTION

9.1 The AgriSETA shall reject a proposal for the award of a contract if the recommended respondent has committed a proven corrupt or fraudulent act in competing for the particular contract.

9.2 The AgriSETA may disregard the quotation of any respondent if that respondent, or any of its directors:

9.2.1 Have abused the SCM system of the AgriSETA.

9.2.2 Have committed proven fraud or any other improper conduct in relation to such system.

9.2.3 Have failed to perform on any previous contract and the proof exists.

9.3 Such actions shall be communicated to the National Treasury.

10 PAYMENTS

10.1 AgriSETA will pay the Contractor the fees set out in the final contract according to the table of deliverables. No additional amounts will be payable by the AgriSETA to the Contractor.

10.1.1 The Contractor shall from time to time during the currency of the contract, invoice the AgriSETA for the services rendered.

10.1.2 The invoice must be accompanied by supporting source document(s) containing detailed information, as AgriSETA may reasonably require, for the purposes of establishing the specific nature, extent and quality of the services which were undertaken by the Contractor.

10.1.3 No payment will be made to the Contractor unless an original tax invoice complying with section 20 of the VAT Act No 89 of 1991, as amended, has been submitted to the AgriSETA.

10.1.4 Payment shall be made by bank transfer into the Contractor’s back account normally 30 days after receipt of an acceptable, original, valid tax invoice. Money will only be transferred into a South African bank account. (Banking details must be submitted as soon as the bid is awarded).

10.2 The Contractor shall be responsible for accounting to the appropriate authorities for its income tax, VAT or other moneys required to be paid in terms of the applicable law.

11 CANCELLATION OF PROCUREMENT PROCESS

11.1 This procurement process can be postponed or cancelled at any stage provided that such cancellation or postponement takes placed prior to entering into a contract with a specific service provider to which the quote related.

Section A Part 3: General Conditions of Contract

GENERAL CONDITIONS OF CONTRACT

1 The General Conditions of Contract are available on the AgriSETA Website or on request. http://www.agriseta.co.za/downloads/tender/General_Conditions_of_Contract_July_2010.p df

Section A Part 4: Terms of Reference

TERMS OF REFERENCE (TOR)

BACKGROUND

AgriSETA requires the services of one security officer, on the level of Grade D, to provide security services to the staff and tenants of AgriSETA building, to monitor and control access to the premises.

The Provider

1 The service provider must be well established and registered with the Security Industry Regulatory Authority. Membership of other security associations or related organisations would be an added recommendation.

2 The provider is required to select personnel according to the following criteria:

2.1 All security officers must be individually registered with the Security Industry Regulatory Authority.

2.2 Personnel must be articulate, responsible, loyal and of a stable disposition.

2.3 Personnel must be physically healthy and medically fit for the execution of their duties.

2.4 Security offices must have valid first aid certificates and Health and Safety Training; Fire Fighting Training.

2.5 Contracted staff is expected to handle high levels of exposure to stress.

2.6 All guards are to be South Africa citizens.

3 The provider shall ensure that:

3.1 It will comply in all respects with THE BUILDING OWNER’S security and emergency regulations and procedures.

3.2 It will pay all its staff at or above legislated levels in all respects

3.3 It will maintain its equipment and machinery in good order so as to adhere to OHASA requirements

3.4 It will ensure that its security staff are properly uniformed at all times

3.5 It will maintain the facilities provided in good condition.

3.6 It has public liability insurance.

3.7 In the case of illness etc. provide another security guard of the same level.

Section A Part 4: Terms of Reference

The provider shall provide:

3.8 Consistent, non military uniforms to compliment the image of the AgriSETA (corporate uniform).

3.9 Pocket books and identification cards.

3.10 Record books, i.e. Occurrence Books, etc.

4 The security officers will be required to:

4.1 Be managed and controlled by the AgriSETA.

4.2 Deal with small scale disruptive situations that may arise.

4.3 Provide armed response unit when and where necessary.

5 Bidders must submit at least (3) three professional references and telephone numbers for references.

6 Pricing

6.1 Pricing information must be based on an hourly rate.

6.2 Pricing must include provident fund contribution as well as an Annual Bonus Payment based on 3 weeks’ salary.

7 SCOPE OF WORK DETAILED BELOW

Provide security services to the staff and tenants of AgriSETA building, to monitor access to the premises and to assist with the reception of visitors on an ad hoc basis. To monitor and control access to and general patrol of the AgriSETA premises.

WORKING HOURS:  from Mondays to Fridays (weekdays) from -17:00 to 07:00  24hours during weekends (Friday evening 17:00 to Monday morning 07:00)  Public holidays from 17:00 working day before the public holiday till 07:00 on the first working day after the public holiday.

AREA: Premises of AgriSETA

SERVICES: The Security Officer must do an initial patrol in the afternoon, on public holidays and weekends of the premises, thereafter monitor all access to the AgriSETA premises and record all visitors.

8 CONTRACT PERIOD

The successful provider will be contracted for a period of three (3) years commencing 1 April 2011 and ending 31 March 2014 with the option to renew for another two (2) years. The renewal will be confirmed 3 months before the contract end date

Section A Part 5: Evaluation Process/Criteria

ALL RESPONDENTS MUST TAKE NOTE OF THE EVALUATION PROCESS THAT WILL BE FOLLOWED

1 EVALUATION PROCESS

1.1 COMPLIANCE WITH MINIMUM REQUIREMENTS

1.1.1 All quotations duly lodged as specified in the Request for Quote will be examined to determine compliance with quotation requirements and conditions. Quotations with obvious deviations from the requirements/conditions, will be eliminated from further consideration.

1.2 DETERMINATION OF SCORE FOR FUNCTIONALITY

1.2.1 The evaluation criteria and weights for functionality as indicated in the table in below, will apply.

MAXIMUM TO BE CRITERIA AWARDED Functionality 100 Experience of the prospective contractor  Experience of prospective contractor 20  Proof of registration with the Security Industry Regulatory Authority 5 . No proof = 0 points . Proof provided = 5 points . Contingency planning 15 2. Capability of staff to be used  Capability and experience of staff to be used 40 3. References  Detail of assignment, testimonials and contact 20 information from 3 clients for the company proposing Maximum subtotal for functionality if no presentations are 100 held Maximum subtotal for functionality before presentations 60 Presentation . Experience of the prospective contractor 40 . Capability of staff to be used 40 . References 20 Maximum subtotal for presentation only 40 Maximum total for functionality and presentations combined 100

1.2.2 The score for functionality should be calculated as follows:

 Each panel member shall award values for each individual criterion on a score sheet. The value scored for each criterion shall be multiplied with the specified weighting for the relevant criterion to obtain the marks scored for the various criteria. These marks should be added to obtain the total score for functionality.

 The score of each panel member shall be added together and divided by the number of panel members to establish the average score obtained by each individual respondent for functionality.

1.3 ELIMINATION OF PROPOSALS ON GROUNDS OF FUNCTIONALITY

1.3.1 Quotations that score less than 65% of the marks available for functionality will be eliminated from further consideration. Marks will therefore not be awarded for their cost proposals or for preference.

1.4 PRICE AND PREFERENCE POINTS

1.4.1 All remaining quotations will be evaluated as follows:

1.4.2 80 Marks will be awarded for price, with 20 marks being awarded for specific goals set out in the preference points claim form(s).

1.5 DETERMINATION OF SCORE FOR PRESENTATIONS

1.5.1 The AgriSETA may decide to have compulsory presentations made either by all bidders who have obtained at least 65% of the marks for functionality, or by the bidders ranked first to a maximum of six, but not less than the three highest scoring bidders, once the price and preference marks have been combined.

1.5.2 Presentations shall only affect the marks awarded for functionality. If the AgriSETA wishes to use presentations to discriminate between bidders, the evaluation criteria to be affected shall be determined in advance and due allowance made in the mark scheme and indicated in paragraph Error: Reference source not foundError: Reference source not found.

1.5.3 Points determined by the presentation will be awarded to each bidder by each member of the Bid Evaluation Committee and then an average calculated. Such score will be added to the original score for functionality.

1.5.4 A bidder will be disqualified if the combined score for functionality fails to meet the minimum threshold for functionality as per paragraph Error: Reference source not foundError: Reference source not found.

1.6 CALCULATIONS OF POINTS FOR PRICE

1.6.1 If appropriate, implied contract price adjustments will be made to the cost proposals of all remaining quotations.

1.6.2 The lowest acceptable quotation/proposal (adjusted or not), will obtain the maximum percentage allocated for price, taking into consideration the relative

competitiveness of the proposed price. The other quotations/proposals with higher prices (adjusted or not), will proportionately obtain lower scores.

1.6.3 The price points scored out of 80 shall be calculated according to the following formula:

 :The 80/20 preference point system (up to R500 000)

Pt  P min Ps  80(1 ) where P min

Ps = points scored for price of the bid/proposal under consideration

Pt = rand value of tender under consideration

Ph = Rand value of lowest acceptable tender

1.7 AWARDING OF POINTS FOR PREFERENCES/GOALS

1.7.1 Points for any specific goals will be awarded according to the formula(e) indicated in the preference points claim form(s).

1.7.2 The goals to be promoted through this bid are:

MAXIMUM TO BE PREFERENTIAL CRITERIA AWARDED  Equity ownership by HDIs as per the preference form 10  Promotion of SMMEs as per the preference form 10 Maximum total 20

1.8 COMBINING PRICE AND PREFERENCE MARKS

1.8.1 The preference marks for each acceptable quotation will now be added to the price score for that quotation.

1.8.2 The Quotation Evaluation Committee may recommend that the contract be awarded to the respondent obtaining the highest aggregate mark as determined by 1.8.1 or to a lower scoring quotation on justifiable grounds.

1.9 ADJUDICATION OF QUOTE

1.9.1 The relevant award structure will consider the recommendations and make the final award. The successful respondent will usually be the service provider scoring the highest number of points or it may be a lower scoring quotation on justifiable grounds or no award at all.

Section A Part 6: Contract Form

CONTRACT FORM: RENDERING OF SERVICES

THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)

1. I/we hereby undertake to render services described in the attached bidding documents to AgriSETA in accordance with the requirements and task directives/proposals specifications stipulated in Bid Number ……………………………….. at the price/s quoted. My/our offer/s remain binding upon me/us and open for acceptance by the Purchaser during the validity period indicated and calculated from the closing date of the bid.

2. The following documents shall be deemed to form and be read and construed as part of this agreement:

2.1 Bidding documents, viz  Invitation to bid  Tax clearance certificate  Pricing schedule(s)  Filled in terms of reference/task directive/proposal  Preference certificates in terms of the Preferential Procurement Regulations, 2001  Declaration of interest  Declaration of bidder’s past SCM practices  Special Conditions of Contract

2.2 General Conditions of Contract

2.3 Other (specify)

3. I/we confirm that I/we have satisfied myself as to the correctness and validity of my/our bid; that the price(s) and rate(s) quoted cover all the services specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

4. I/we accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me/us under this agreement as the principal liable for the due fulfilment of this contract.

5. I/we declare that I/we have no participation in any collusive practices with any bidder or any other person regarding this or any other bid.

6. I confirm that I am duly authorised to sign this contract.

NAME (PRINT) WITNESSES

CAPACITY 1

SIGNATURE 2

NAME OF FIRM DATE:

Section A Part 6: Contract Form

CONTRACT FORM: RENDERING OF SERVICES

PART 2 (TO BE FILLED IN BY THE PURCHASER)

1. I ……………………………………………………..……………… in my capacity as …………………………………………….. accept your bid under reference number ……………………………………………. dated ……………………………………. for the rendering of services indicated hereunder and/or further specified in the annexures.

2. An official order indicating service delivery instructions is forthcoming.

3. I undertake to make payment for the services rendered in accordance with the terms and conditions of the contract within 30 (thirty) days after receipt of an invoice.

PREF POINTS PREF POINTS DESCRIPTION OF PRICE (VAT COMPLETION CLAIMED FOR CLAIMED FOR SERVICE INCL) DATE HDIs RDP GOALS

4. I confirm that I am duly authorised to sign this contract.

SIGNED AT ON

NAME (PRINT)

SIGNATURE

OFFICIAL STAMP WITNESSES

SECTION B

Section B Part 1: Special Conditions of Quotation and Contract

SPECIAL CONDITIONS OF QUOTE AND CONTRACT

SPECIAL CONDITIONS CONFIRMATION Yes No If no, indicate deviation

1 GENERAL

1.1 Respondents must indicate a confirmation response against each paragraph in this part of Section B by marking the YES box or by marking the NO box. The respondent must clearly state if a deviation from these special conditions are offered and the reason therefore. If an explanatory note is provided, the paragraph reference must be indicated in a supporting appendix to the quotation submission. . Answering questions or supplying detail by referring to other sections will not be accepted.

1.2 Should respondents fail to indicate agreement/compliance or otherwise, the AgriSETA will assume that the respondent is not in compliance or agreement with the statement(s) as specified in this quotation.

1.3 Quotes not completed in this manner may be considered incomplete and rejected.

2 QUOTE SUBMISSION CONDITIONS, INSTRUCTION AND EVALUATION PROCESS/CRITERIA

2.1 Quote submission conditions and instructions as well as the evaluation process/criteria have been noted.

3 GENERAL CONDITIONS OF CONTRACT

3.1 The General Conditions of Contract must be accepted. The General Conditions of Contract is available on the AgriSETA website or on request.

4 SPECIAL CONDITIONS OF QUOTE AND CONTRACT

4.1 The Special Conditions of Quote and Contract as per Section B Part 1 of this Request for Quotation must be accepted. Non-compliance may be deemed to be non-responsive.

ADDITIONAL INFORMATION REQUIREMENTS

During evaluation of the quotations, additional information may be requested in writing from respondents. Replies to such request must be submitted, within 3 (three) working days or as otherwise indicated. Failure to comply, may lead to your quotation being disregarded.

6 VENDOR INFORMATION

6.1 The successful respondent will be required to complete a vendor information form detailing the organisation’s complete profile.

7 CONFIDENTIALITY

7.1 The quotation and all information in connection therewith shall be held in strict confidence by respondents and usage of such information shall be limited to the preparation of the quotation. Respondents shall undertake to limit the number of copies of this document.

7.2 All respondents are bound by a confidentially agreement preventing the unauthorised disclosure of any information regarding the AgriSETA or of its activities to any other organisation or individual. The respondents may not disclose any information, documentation or products to other clients without written approval of the accounting authority or the delegate.

7.3 Confidential information” includes any information or knowledge whatsoever relating to the AgriSETA including but not limited to all information in whatever form (tangible or intangible), reports (whether generated by the AgriSETA or service providers to the AgriSETA), documentation, specifications, know- how, accounts and computer readable data relating or pertaining to the project or the AgriSETA.

8 INTELLECTUAL PROPERTY, INVENTIONS AND COPYRIGHT

8.1 Copyright of all documentation relating to this contract belongs to the client. The successful respondent may not disclose any information, documentation or products to other clients without the written approval of the accounting authority or the delegate.

8.2 All the intellectual property rights arising from the execution of this contract shall vest in AgriSETA who shall be entitled to cede and assign such to the Department of Higher Education and Training and the contractor undertakes to honour such intellectual property rights and all future rights by keeping the know-how and all published and unpublished material confidential.

8.3 In the event that the contractor or any project team member would like to use information or data generated by the project, for academic or any other purpose, prior written permission must be obtained from the client. Such permission will not be unreasonably withheld and if it is withheld, written reasons will be provided.

8.4 The AgriSETA shall own all deliverables produced by the Contractor during the course of, or as part of the contract whether capable of being copyrighted or not (“IP”) and which are or may become eligible for copyright under the laws of the Republic of South Africa and which relates to the contract or which arises directly from this contract. This IP AgriSETA shall be entitled to freely cede and assign to the Department of Higher Education and Training. No other document needs to be executed to give effect to this cession, assignment or transfer.

8.5 The provisions of this clause 8 shall only apply to such IP that is created during the course and scope in terms of this contract.

8.6 The Contractor acknowledges and agrees that each provision of clause 8 is separate, severally and separately enforceable from any other provisions of this contract.

8.7 The invalidity or non-enforceability of any one or more provision hereof, shall not prejudice or effect the enforceability and validity of the remaining provisions of this contract.

8.8 This clause 8 shall survive termination of this contract.

8.9 Non-acceptance of clause 8 may deem your submission to be non-responsive.

9 NON-COMPLIANCE WITH DELIVERY TERMS

9.1 As soon as it becomes known to the contractor that he/she will not be able to deliver the services within the delivery period and/or against the quoted price and/or as specified, the AgriSETA must be given immediate written notice to this effect. The AgriSETA reserves the right to implement remedies as provided for in the GCC.

10 WARRANTS

10.1 The Contractor warrants that it is able to conclude this Agreement to the satisfaction of the AgriSETA.

Although the contractor will be entitled to provide services to persons other than AgriSETA, the contractor shall not without the prior written consent of AgriSETA, be involved in any manner whatsoever, directly or indirectly, in any business or venture which competes or conflicts with the obligations of the contractor to provide Services.

11 PARTIES NOT AFFECTED BY WAIVER OR BREACHES

11.1 The waiver (whether express or implied) by any Party of any breach of the terms or conditions of this contract by the other Party shall not prejudice any remedy of the waiving party in respect of any continuing or other breach of the terms an conditions hereof .

11.2 No favour, delay, relaxation or indulgence on the part of any Party in exercising any power or right conferred on such Party in terms of this contract shall operate as a waiver of such power or right nor shall any single or partial exercise of any such power or right under this agreement.

12 RETENTION

12.1 On termination of this agreement, the contractor shall, on demand hand over all documentation provided as part of the project and all deliverables, etc., without the right of retention, to the AgriSETA.

12.2 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof

shall be valid and of any force and effect unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall also be in writing.

13 FORMAT OF SUBMISSIONS

13.1 Respondents must complete all the necessary quotation documents and undertakings required in this quotation document. Respondents are advised that their proposal should be concise, written in plain English and simply presented. Respondents are to set out their proposal in the format prescribed hereunder:

13.2 Part 1: Special conditions of quotation and contract

13.2.1 Respondents must complete and return only division 2 of the Special Conditions of Quotation and Contract. 13.3 Part 2: SARS Tax Clearance Certificate(s)

13.3.1 An original valid SARS Tax Clearance Certificate must accompany the proposal. In case of a consortium/ joint venture, or where sub-contractors are utilised, an original valid SARS Tax Clearance Certificate for each consortium/ joint venture member and/or sub-contractor (individual) must be submitted. The certificate requirements page should not be returned as part of the submission.

13.4 Part 3: Additional Registration Certificates

13.4.1 A valid copy of Business (company) registration certificate must be submitted, if applicable.

13.4.2 A valid copy of VAT registration certificate (VAT103) must be submitted, if applicable.

13.4.3 Copy of company incorporation certificate(s) must be submitted, if applicable.

13.4.4 Attach the security officer’s valid registration certificate with the Security Industry Regulatory Authority (only of those who will be involved). It the certificate is not attached, your proposal will be regarded as non responsive

13.5 Part 4: Declaration of Interest

13.5.1 Each party to the quotation must complete and return the Declaration of Interest. Quotes submitted without a complete and signed Declaration of Interest may be deemed to be non-responsive.

13.6 Part 5: Declaration of respondent’s past Supply Chain Management practices

13.6.1 Each party to the quotation must complete and return “Declaration of bidder’s past Supply Chain Management practices”. Quotes submitted without a complete and signed Declaration of Interest may be deemed to be non-responsive.

13.7 Part 6: Certificate of Independent Bid Determination

13.7.1 Each party to the quotation must complete and sign the Certificate. Quotes submitted without a completed and signed Certificate of Independent Bid Determination may be deemed non-responsive

13.8 Part 7: Employment equity

13.8.1 Respondents must provide proof of their employment equity compliance and plans

13.9 Part 8: BEE status

13.9.1 Respondents must provide, if available, external and independently provided certified BEE status details

13.10 Part 9: Preference Points Claim Form in terms of the Preferential Procurement Regulations 2001 (Purchases)

13.10.1 Respondents must complete and return the Preference Points Claim Form (Purchases).

13.10.2 For a consortium or joint venture:

 Each member organisation wishing to claim points should complete a separate Preference Points Claim Form (Purchases).

 In the case of a consortium/joint

venture/subcontractor, item 9.8 of the Claim Form should only be completed once for the whole consortium/joint venture.

13.11 Part 10: Preference Points Claim Form in terms of the Preferential Procurement Regulations 2001 (Promotion of Small Enterprises)

13.11.1 Respondents must complete and return the Preference Points Claim Form (Promotion of Small Enterprises).

13.11.2 For a consortium or joint venture:

 Each member organisation wishing to claim points should complete a separate Preference Points Claim Form (Promotion of Small Enterprises).

13.12 Part 11: Invitation to Quote

13.12.1 Respondents must complete, sign and return the full “Invitation to Quote” document.

13.13 Part 12: Technical approach

13.13.1 Respondents must, at least cover the under- mentioned in their technical approach and return as part of their submission:

 Describe, in detail, exactly how they propose to carry out the activities to achieve the outcomes identified in the terms of reference. They should identify any possible problems that might hinder delivery and indicate how they will avoid, or overcome such problems.

 Describe how the work will be managed. Provide an organisation chart clearly indicating:

 The lines of reporting and supervision within the respondent’s team.

 The lines of reporting between the respondent and AgriSETA and other stakeholders, if applicable.

 Identify the position(s) involved in the direct delivery of the service to be provided and in the

overall management of the work and name the people who will fill these positions.

 Describe the tasks, duties or functions to be performed by staff in these positions.

 Indicate the number of hours required to complete each task and the number of hours to be provided by each team member.

Respondents are to present such information in a matrix. The following is provided merely as guidance. Respondents are free to elaborate as they see fit.

Outcome/output Activity Team Person days for Total person member(s) each team days involved (name member and position)

13.13.2 Provide a work plan of activities. In addition to providing details of the estimated number of work days for each activity, respondents are to supply a detailed timetable that identifies when certain activities will be undertaken and over what period they will be spread. The timing of activities, the time needed to complete them, and the order in which they will be undertaken must be explained and justified.

The work plan could for example cover the following:

Outcome/ MONTHS Person outputs days and 1 2 3 4 5 6 7 8 9 10 11 12 allocated activities

13.13. Please note that part 12 should be no longer than 20 3 single-sided A4 pages in Arial 11 (font size).

13.14 Part 13: Team details

13.14. In this part that must be returned as part of the 1 submission, respondents must provide details of the team named in the previous part.

The respondents must provide a summary chart containing all the people to be used.

Name Position in Current Years of Education Relevant team position experience specialist areas of knowledge demonstrating suitability for position

13.14. For each team member there must be: 2

 A complete curriculum vitae confirming suitability for the position. A format is provided as a guideline only for the compilation of the CVs.

13.15 Part 14: Experience in this field

13.15. Respondents should provide in this part, and return as 1 part the submission, at least the following information.

 Details of contracts for similar work within the last 3 years.

 Contact details of a maximum of 3 organisations for which work was done.

13.16 Part 15: Pricing Schedule

13.16. Any budget amount that may be indicated in this 1 document shall be deemed to be a guide only and respondents are expected to submit a costing that is fair and reasonable.

13.16. All costs related to this assignment are to be allowed

for in the pricing schedule and in the formats prescribed and must be returned as part of the submission. The proposed totals for fees will be included in the contract as the maximum amount to be spent on these items.

13.16. A pricing schedule with one of the specified elements 3 (fees and reimbursable costs) omitted from the costing, may be considered non-responsive.

13.16. Fees: 4  The budgeted days/hours and applicable rates of all team members as per the pricing schedule.

 VAT: Value Added Tax must be included and shown separately.

14 Logistics for presentations

14.1  The AgriSETA or its authorised representative reserves the right to invite respondents for presentations before the award of the quote.

14.2 Shortlisted respondents will be given three (3) days advance notice to attend the presentation. The date as well as the detail for the venue and the agenda for the presentations will be provided.

14.3 Presentations will be made to the full Quotation Evaluation Committee.

14.4 Under no circumstances will a presentation by any respondent constitute and award or promise/undertaking to award the contract.

Section B Part 2: Tax Clearance Certificate

TAX CLEARANCE CERTIFICATE REQUIREMENTS

It is a condition of bid (tender) that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African revenue Services (SARS) to meet the bidder’s tax obligations.

1. In order to meet this requirement, bidders are required to complete in full the form TCC 001 “Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders/ individuals who wish to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from date of approval.

3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.

4. In bids where Consortia / Joint ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate.

5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch office nationally or on the website www.sars.gov.za.

6. Applications for Tax Clearance Certificates may also be made via eFiling. In order to use this provision, taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

Section B Part 3: Declaration of Interest

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 the 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 take an oath declaring his/her interest, where –

1.1. The bidder is employed by the State; and/or

1.2. The bidder is a Management Board member of AgriSETA and/or

1.3. 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, shareholder, etc):

2.4. Company Registration Number:

2.5. Tax Reference Number:

2.6. VAT Registration Number:

2.7. Are you or any person connected with the bidder presently employed by the State? YES / NO

2.7.1. If so, furnish the following particulars

 Name of person/ director/ shareholder/member:  Name of State institution to which the person is connected:  Position occupied in the State institution:

Any other particulars:

2.8. Did you or your spouse, or any of the company’s directors/shareholders/members or YES / NO their spouses conduct business with the State in the previous twelve (12) months?

1 “State” means (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; (e) Parliament.

Section B Part 3: Declaration of Interest

2.8.1. If so, furnish the following particulars.

2.9. Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the State and who may be involved with the YES / NO evaluation and or adjudication of this bid?

2.10. Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between the bidder and any person employed by the State who may YES / NO be involved with the evaluation and or adjudication of this bid?

2.11. Do you or any of the directors/shareholders/members of the company have any interest in any other related companies whether or not they are bidding for this YES / NO contract?

DECLARATION

I, THE UNDERSIGNED (NAME)

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY 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

Section B Part 4: Declaration Of Quotation Respondent's past SCM Practices

DECLARATION OF BIDDER'S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This declaration will be used by institutions to ensure that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

2 The bid of any bidder may be disregarded if that bidder, or any of its directors have:

a. abused the AgriSETA’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

Item Question Yes No 3.1 Is the bidder or any of its directors listed on the National Treasury’s Yes No database as companies or persons prohibited from doing business with the o o public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). 3.1.1 If so, furnish particulars:

3.2 Is the bidder or any of its directors listed on the Register for Tender Yes No Defaulters in terms of section 29 of the Prevention and Combating of Corrupt o o Activities Act (No 12 of 2004)? To access the Register enter the National Treasury’s website, www.treasury.gov.za click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number 012-3265445. 3.2.1 If so, furnish particulars:

3.3 Was the bidder or any of its directors convicted by a court of law (including a Yes No court outside of the Republic of South Africa) for fraud or corruption during o o the past five years? 3.3.1 If so, furnish particulars:

3.4 Was any contract between the bidder and any organ of state terminated Yes No during the past five years on account of failure to perform on or comply with o o the contract? 3.4.1 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.

Signature Date

Position Name of Bidder

Section B Part 5: Certificate of Independent Bid Determination

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

AS/2011/RFQ/009/SECURITY: Security Services for the AgriSETA (Bid Number and Description) in response to the invitation for the bid made by:

AGRISETA (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:

 has been requested to submit a bid in response to this bid invitation;  could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and  provides the same goods and services as the bidder and/or is in the same line of business as the bidder

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 consortium2 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:

2 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.

Section B Part 5: Certificate of Independent Bid Determination

 prices;  geographical area where product or service will be rendered (market allocation)  methods, factors or formulas used to calculate prices;  the intention or decision to submit or not to submit, a bid;  the submission of a bid which does not meet the specifications and conditions of the bid; or  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.

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

Section B Part 6.1: Preference Points Claim Form (Purchases)

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001

PURCHASES

This preference form must form part of all bids invited. It contains general information and serves as a claim form for Historically Disadvantaged Individual (HDI) preference points as well as a summary for preference points claimed for attainment of other specified goals.

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF EQUITY OWNERSHIP BY HISTORICALLY DISADVANTAGED INDIVIDUALS (HDIs), AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001

1 GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

1.1.1 The 80/20 system for requirements with a Rand value of up to R500 000

1.1.2 The 90/10 system for requirements with a Rand value above R500 000

1.2 The value of this bid is estimated to not exceed R500 000 and therefore the 80/20 system shall be applicable.

1.3 Preference points for this bid shall be awarded for:

1.3.1 Price

1.3.2 Specific contract participation goals, as specified in the attached forms.

1.3.3 The points for this bid are allocated as follows:

POINTS

 Price/functionality 80

 Specific contract participation goals 10

. Historically Disadvantaged Individuals

 Who had no franchise in national elections before the 1983 and 6 1993 Constitutions

 Who is a female 3

 Who has a disability 1

 Other specific goals (goals of the RDP – plus local manufacture) 10

. Promotion of small enterprise 10

Total points for price, functionality, HDI’s and other RDP goals must not exceed 100

Separate Preference Points Claim Forms will be used for the promotion of the specific goals for which points have been allocated above.

1.4 Failure on the part of a bidder to fill in and/or sign this form may be interpreted to mean that the preference points are not claimed.

1.5 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2 GENERAL DEFINITIONS

2.1 “ Acceptable bid” means any bid, which in all respects, complies with the specifications and conditions of bid as set out in the bid document.

2.2 “Bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods, works or services.

2.3 “Comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilised have been taken into consideration.

2.4 “ Consortium or joint venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of a contract.

2.5 “Contract” means the agreement that results from the acceptance of a bid by an organ of state.

2.6 “ Specific contract participation goals” means the goals as stipulated in the Preferential Procurement Regulations, 2001.

2.6.1 In addition to the abovementioned goals, the Regulations [12(1)] also make provision for organs of state to give particular consideration to procuring locally manufactured products.

2.7 “Control” means the possession and exercise of legal authority and power to manage the assets, goodwill and daily operations of a business and the active and continuous exercise of appropriate managerial authority and power in determining the policies and directing the operations of the business.

2.8 “Disability” means in respect of a person, a permanent impairment of a physical, intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being.

2.9 “Equity ownership” means the percentage ownership and control, exercised by individuals within an enterprise.

2.10 “Historically Disadvantaged Individuals (HDI’s)” means a South African citizen

(1) Who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the introduction of the Constitution of the Republic of South Africa, 1983 (Act No 110 of 1983) or the Constitution of the Republic of South Africa, 1993 (Act No 200 of 1993) (“the interim Constitution”); and or

(2) Who is a female; and/or

(3) Who has a disability.

Provided that a person who obtained South African citizenship on or after the coming to effect of the Interim Constitution, is deemed not to be a HDI.

2.11 “ Management” means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether or not that person is a director.

2.12 “Owned” means having all the customary elements of ownership, including the right of decision- making and sharing all the risks and profits commensurate with the degree of ownership interests as demonstrated by an examination of the substance, rather than the form of ownership arrangements.

2.13 “Person” includes reference to a juristic person.

2.14 “ Rand value” means the total estimated value of a contract in Rand denomination that is calculated at the time of bid invitations and includes all applicable taxes and excise duties.

2.15 “ Small, Medium and Micro Enterprises (SMMEs)” bears the same meaning assigned to this expression in the National Small Enterprise Act, 1996 (Act No 102 of 1996).

2.16 “Subcontracting” means the primary contractor’s assigning or leasing or making out work to, or employing another person to support such primary contractor in the execution or part of a project in terms of the contract.

2.17 “ Trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person.

2.18 “Trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

3 ESTABLISHMENT OF HDI EQUITY OWNERSHIP IN AN ENTERPRISE

3.1 Equity ownership shall be equated to the percentage of an enterprise which is owned by individual classified as HDIs, or in the case of a company, the percentage shares that are owned by individual classified as HDIs, who are actively involved in the management and daily business operations of the enterprise and exercise control over the enterprise, commensurate with their degree of ownership.

3.2 Where individuals are not actively involved in the management and daily business operations and do not exercise control over the enterprise commensurate with their degree of ownership, equity ownership may not be claimed.

4 ADJUDICATION USING A POINT SYSTEM

4.1 The bidder obtaining the highest number of points will be awarded the contract.

4.2 Preference points shall be calculated after prices have been brought to a comparative basis.

4.3 Points scored will be rounded off to 2 decimal places.

4.4 In the event of equal points scored, the bid will be awarded to the bidder scoring the highest number of points for specified goals.

5 POINTS AWARDED FOR PRICE

5.1 The 80/20 or 90/10 preference point systems

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

 Pt  P min   Pt  P min  Ps  801  or Ps  901   P min   P min 

Ps = Points scored for price of bid under consideration

Pt = Rand value of bid under consideration

Pmin = Rand value of lowest acceptable bid

6 POINTS AWARDED FOR HISTORICALLY DISADVANTAGED INDIVUDUALS

6.1 In terms of Regulation 13(2) preference points for HDI’s are calculated on their percentage shareholding in a business, provided that they are actively involved in and exercise control over the enterprise. The following formula is prescribed in Regulation 13(5)(c).

EP NEP  NOPx 100

NEP = Points awarded for equity ownership by an HDI

NOP = The maximum number of points awarded for equity ownership by an HDI in that specific category

EP = The percentage of equity ownership by an HDI within the enterprise or business, determined in accordance with the definition of HDI’s

6.2 Equity claims for a trust will only be allowed in respect of those persons who are both trustees and beneficiaries and who are actively involved in the management of the trust.

6.3 Documentation to substantiate the validity of the credentials of the trustees contemplated above must be submitted.

6.4 Listed companies and tertiary institutions do not qualify for HDI preference points.

6.5 A consortium or joint venture may, based on the percentage of the contract value managed or executed by their HDI-members, be entitled to preference points in respect of an HDI.

6.6 A person awarded a contract as a result of preference for contracting with, or providing equity ownership to an HDI, may not subcontract more than 25% of the value of the contract to a person who is not an HDI or does not qualify for the same number or more preference for equity ownership.

7 BID DECLARATION

7.1 Bidders who claim points in respect of equity ownership must complete the Bid Declaration at the end of this form

8 EQUITY OWNERSHIP CLAIMED IN TERMS OF PARAGRAPH 2.10 ABOVE. POINTS TO BE CALCULATED FROM INFORMATION FURNISHED IN PARAGRAPH 9.8

Ownership Percentage Points claimed owned 8.1 Equity ownership by persons who had no franchise in the national elections %

8.2 Equity ownership by women %

8.3 Equity ownership by disabled persons* %

*If points are claimed for disabled persons, indicate nature of impairment (see paragraph 2.8 above)

9 DECLARATION WITH REGARD TO EQUITY

9.1 Name of firm:

9.2 VAT registration number:

9.3 Company registration number:

9.4 Type of firm

 Partnership  One person business/sole trader  Close corporation  Company  (Pty) Limited

Tick applicable box

9.5 Describe principal business activities

9.6 Company classification

 Manufacturer  Supplier  Professional service provider  Other service providers, e.g. transporter, etc.

Tick applicable box

9.7 Total number of years the firm has been in business? …………………………………………….

9.8 List all shareholders by Name, Position, Identity Number, Citizenship, HDI status and ownership, as relevant. Information to be used to calculate the points claimed in paragraph 8

Name Date/Position ID number Date RSA *HDI Status *Non-HDI % of occupied in citizenship status business/ enterprise obtained No franchise Women Disabled enterprise prior to owned elections

* Indicate Yes or No

9.9 Consortium/Joint Venture

9.9.1 In the event that preference points are claimed for HDI members by consortia/joint ventures, the following information must be furnished in order to be entitled to the points claimed in respect of the consortium/joint venture member:

Name of consortium/joint Fees to be earned by each Disbursements allocated to Total of fees and Percentage (%) of the venture member consortium/joint venture each consortium/joint disbursements allocated to contract value managed or member venture member each consortium/joint executed by the venture member consortium/joint venture member

9.10 I/We, the undersigned who warrants that he/she is duly authorised to do so on behalf of the firm certify that points claimed, based on the equity ownership, indicated in paragraph 8 of the foregoing certificate, qualifies the firm for the preference(s) shown and I/we acknowledge that:

9.10.1 The information furnished is true and correct.

9.10.2 The equity ownership claimed is in accordance with the General Conditions as indicated in paragraph 1 of this form.

9.10.3 In the event of a contract being awarded as a result of points claimed as shown in paragraph 8, the contractor may be required to furnish documentary proof to the satisfaction of the seller that the claims are correct.

9.10.4 If the claims are found to be incorrect, the seller may, in addition to any other remedy it may have:

 Recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct.

 Cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation.

 Impose a financial penalty more severe than the theoretical financial preference associated with the claim which was made in the bid.

WITNESSES

……………………………………. 1. ………………………………………… SIGNATURE(S) OF BIDDER(S)

2. ………………………………………… DATE: …………………………………………

ADDRESS: ………………………………………

……………………………………………………..

Section B Part 6.2: Preference Points Claim Form (Promotion of Small Enterprises)

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001

PROMOTION OF SMALL ENTERPRISES

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIONS SPECIFIED IN THE PREFERENCE POINTS CLAIM FORM (PURCHASES) IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001

1. INTRODUCTION

1.1 In terms of regulation 17 of the Preferential Procurement Regulations pertaining to the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000), it is the Government’s intention to promote small businesses (now referred to as small enterprises) by using the preference point system as a mechanism to award points to bidders.

2. SPECIFIC GOAL

2.1 The specific goal is the promotion of small enterprises as defined in the National Small Enterprise Act, 1996 (Act No 102 of 1996) as amended by the National Small Business Amendment Act (Act 26 of 2003) and the National Small Business Amendment Act, (Act No 29 of 2004).

2.2 Bidders who wish to claim in respect of this goal must complete either paragraph 3 with regard to being a small enterprise and/or paragraph 4 with regard to the promotion of small enterprises.

2.3 The maximum preference points that can be claimed between paragraphs 3 and 4 are 10 points.

3. CLAIM WITH REGARD TO BEING A SMALL ENTERPRISE

3.1 Bidders who regard themselves as a micro, very small or medium enterprise (SMME) as defined by the National Small Enterprise Act, 1996 (Act No 102 of 1996) as amended by the National Small Business Amendment Act (Act 26 of 2003) and the National Small Business Amendment Act (Act 29 of 2004) may claim preference points.

3.2 Do you regard yourself as a SMME in terms of the Act? YES / NO

3.3 Should bidders wish to claim points for being a SMME, then bidders must complete the following table.

First select and tick in column (A) the relevant sector or sub-sector you are operating in. Within the chosen sector, select and tick the relevant block in columns (B), (C) and (D) indicating your organisation’s position pertaining to employees (B), turnover (C) and asset value (D).

See the example in 3.4 below:

Annex 1: Schedule National Small Enterprise Act

Sector or sub- A Size or class Total full time B Total annual C Total gross D sector in equivalent of turnover asset value accordance with paid employees (fixed property the Standard excluded) Industrial Classification Less than Less than Agriculture Medium 100 R5.00 m R5.00 m Small 50 R3.00 m R3.00 m Very small 10 R0.50 m R0.50 m Micro 5 R0.20 m R0.10 m

Mining and Medium 200 R39.00 m R23.00 m quarrying Small 50 R10.00 m R6.00 m Very small 20 R4.00 m R2.00 m Micro 5 R0.20 m R0.10 m

Manufacturing Medium 200 R51.00 m R19.00 m Small 50 R13.00 m R5.00 m Very small 20 R5.00 m R2.00 m Micro 5 R0.20 m R0.10 m

Electricity, gas Medium 200 R51.00 m R19.00 m and water Small 50 R13.00 m R5.00 m Very small 20 R5.10 m R1.90 m Micro 5 R0.20 m R0.10 m

Construction Medium 200 R26.00 m R5.00 m Small 50 R6.00 m R1.00 m Very small 20 R3.00 m R0.50 m Micro 5 R0.20 m R0.10 m

Retail and motor Medium 200 R39.00 m R6.00 m trade and repair Small 50 R19.00 m R3.00 m service Very small 20 R4.00 m R0.60 m Micro 5 R0.20 m R0.10 m

Wholesale trade, Medium 200 R64.00 m R10.00 m commercial Small 50 R32.00 m R5.00 m agents and allied Very small 20 R6.00 m R0.60 m services Micro 5 R0.20 m R0.10 m

Catering, Medium 200 R13.00 m R3.00 m accommodation Small 50 R6.00 m R1.00 m and other trade Very small 20 R5.10 m R1.90 m Micro 5 R0.2 m R0.10 m

Transport, Medium 200 R26.00 m R6.00 m storage and Small 50 R13.00 m R3.00 m communications Very small 20 R3.00 m R0.60 m Micro 5 R0.20 m R0.10 m

Finance and Medium 200 R26.00 m R5.00 m business Small 50 R13.00 m R3.00 m services Very small 20 R3.00 m R0.50 m Micro 5 R0.20 m R0.10 m

Community, Medium 200 R13.00 m R6.00 m social and Small 50 R6.00 m R3.00 m personal Very small 20 R1.00 m R0.60 m services Micro 5 R0.20 m R0.10 m Please mark the applicable blocks

3.4 Bidders are to claim preference points based on the size or class of enterprise indicated above:

Example

Sector or A Size or class Total full time B Total annual C Total gross D sub-sector in equivalent of turnover asset value accordance paid (fixed with the employees property Standard excluded) Industrial Classification Less than Less than Agriculture Medium 100 R5.00 m R5.00 m ü Small 50 R3.00 m ü R3.00 m Very small 10 R0.50 m R0.50 m ü Micro 5 ü R0.20 m R0.10 m

The annual turnover shall be the factor determining the ultimate classification and hence the points claimable. The company in this example would be classified as a “small” enterprise because of the turnover in lieu of the fact that according to the other parameters, the company could be classified as a “micro” or “very small” enterprise.

For example: The company in the example will therefore be able to claim a maximum of 4 points in paragraph 3.6 below.

3.5 Insert your claim in the table below based on the information contained in paragraph 3.3.

3.6 If required, the information supplied above must be substantiated by an internal auditor’s certificate and the relevant documentation.

Classification Maximum point Points claimed Micro 5 Very Small 4 Small 3 Medium 2

4. CLAIM WITH REGARD TO THE PROMOTION OF SMALL ENTERPRISE

4.1 Bidders that are actively involved in the promotion of small enterprises, as defined in the National Small Enterprise Act, 1996 (Act No 102 of 1996) as amended by the National Small Business Amendment Act, (Act 26 of 2003) and the National Small Business Amendment Act, (Act 29 of 2004), by subcontracting/outsourcing any of the business and/or functions of the bidder to local small enterprise(s) inter alia manufacturing, packaging, distribution, etc. may claim preference points. (Note: A SMME cannot claim for promoting its own business)

4.2 Do you promote small enterprise as stipulated above: YES/NO

If yes, then complete the table below to claim preference points.

Specific business Name(s) of small Address and Value of function(s) enterprise(s) telephone number of subcontracted/ subcontracted/ subcontracted/ small enterprise(s) outsourced business outsourced outsourced to as well as contact (a) person(s)

Total Value (a)

4.3 Bidders may claim preference points based on business subcontracted/outsourced to SMME enterprises as a percentage of annual turnover for the previous financial year in accordance with the table below:

Total annual turnover for the previous financial year: R…………………….. (b)

The percentage of turnover should be calculated by dividing the value of subcontracted/ outsourced business (a) above by the turnover for the previous financial year (b) multiplied by 100.

Example

Total value of subcontracted/outsourced business R100 000,00 (a) Turnover for previous financial year R550 000,00 (b)

The percentage will then be R100 000,00 (a) divided by R550 0000,00 (b) multiplied by 100 = 18,8%. The preference points that could be claimed are therefore 2. (See table under 4.4 below).

4.4 Please insert your claim in the table below

Percentage of turnover directed to small Points allocated Points claimed enterprise (total of (a) divided by (b) x 100) 0 – 9 1 10 – 19 2 20 – 29 3 30 – 39 4 40 and above 5

4.5 If required, the information supplied above must be substantiated by an internal auditor’s certificate and the relevant documentation.

5. DECLARATION

5.1 I/we, the undersigned, who warrants that he/she is duly authorised to do so on behalf of the firm declare that points claimed, based on promotion of small, medium or micro enterprises, qualifies the firm for the point(s) shown and I/we acknowledge that:

5.1.1 The information is true and correct.

5.1.2 In the event of a contract being awarded as a result of points claimed, the contractor may be required to furnish documentary proof (a substantiating external auditor’s certificate) that the claims are correct.

5.1.3 If the claims are found to be incorrect, the AgriSETA may, in addition to any other remedy it may have:

 Recover all costs, losses or damages it has incurred or suffered as a result of that person’s conduct.

 Cancel the contract and claim any damages which it has suffered as a result of having to make a less favourable arrangement due to such cancellation.

 Impose a financial penalty more severe than the theoretical financial preference associated with the claim which was made in the bid.

 Restrict the contractor, its shareholders and directors from obtaining business from the AgriSETA for a period determined by the AgriSETA.

WITNESSES

……………………………………. 1. ………………………………………… SIGNATURE(S) OF BIDDER(S)

2. ………………………………………… DATE: ……………………………………

Section B Part 7: Invitation to Quote

INVITATION TO QUOTE

YOU ARE HEREBY INVITED TO QUOTE FOR REQUIREMENT OF AGRISETA

QUOTATION AS/2011/RFQ/009/SECURIT CLOSING 13 May 2011 CLOSING 11:00 NUMBER Y DATE TIME

DESCRIPTION AgriSeta requires the services of one security officer, on the level of Grade D, to provide security services to the staff and tenants of AgriSETA building, to monitor and control access to the premises.

VALIDITY Offer to be valid for 60 days from the closing date of the quotation.

The successful bidder will be required to fill in and sign a written Contract Form

QUOTATION DOCUMENTS MAY BE: NB: If a procurement agent is used, consider changing the detail hereunder

DEPOSITED IN THE BID/TENDER BOX SITUATED AT AgriSETA, AgriSETA House, Receiption, 529 (Street address) Belvedere Street, Arcadia, Pretoria

* POSTED TO: The Core Function Manager, AgriSETA, P O Bos 26024, Arcadia 0007

OR HANDED IN AT RECEPTION SITUATED AT AgriSETA, AgriSETA House, Reception, 529 (Street address) Belvedere Street, Arcadia, Pretoria, prior to the official closure time and the respondent must obtain a receipt, indicating the time of delivery, from the receptionist.

No faxed or e-mailed quotations will be accepted

Respondents should ensure that quotations are delivered to AgriSETA before the closing date and time to the correct physical address. If the quotation is late, it will not be accepted for consideration. * Refer to Paragraph 6 of the “Special Conditions of Quotation and Contract: Portion 1”.

 Quotations can be delivered and deposited into the quotation/tender box between 08:00 and 16:30, Mondays to Thursdays and 08:00 to 16:00 on Fridays, prior to the closing date, and between 08:30 and 11:00 on the closing date.

 All quotations must be submitted on the official forms (not to be re-typed).

 This quotation is subject to the General Conditions of Contract (GCC) and, if applicable, any other Special Conditions of Contract of Quotation.

 Quotations submitted that do not comply with the following may not be considered for evaluation:

. A quotation that is not in the format prescribed. . A quotation without some or all of the required documents. . Pricing schedules not in the required format. . Quotations without the required number of copies.

 Any queries regarding quotation procedures and technical information may be directed to: Name: Annetjie Labuscagne Tel.: 012 3251655 Fax: 012 325 1624 e-Mail [email protected]

All respondents must furnish the following particulars and include it in their submission (Failure to do so may result in your quotation being disqualified)

Name of respondent:

Entity name

VAT registration number

Tax Clearance Certificate submitted YES / NO

Company registration number

Income tax reference number

Company PAYE number

Company UIF number

Skills Development Levy registration number

Postal address:

Street address:

Telephone number: Code Number

Cellular number:

Facsimile number: Code Number e-Mail address:

In case of a consortium/joint venture, full details on consortium/joint venture members:

VAT registration Tax Clearance Entity name number Certificate submitted YES / NO

Name of contracting entity in case of a consortium/joint venture

Entity name:

Postal address:

Street address:

Contact details of responsible person who will act on behalf of the entity/consortium/joint venture for this quotation

Name and Surname

Cellular number:

Contact details of alternative responsible person who will act on behalf of the person above should he/she not be available

Name and Surname

Cellular number:

Domicilium

AgriSETA chooses the following as its domicilium citandi et executandi for all purposes of and in connection with the final contract:

AgriSETA, AgriSETA House, Receiption, 529 Belvedere Street, Arcadia, Pretoria

The respondent must indicate its domicilium citandi et executandi for all purposes of and in connection with the final contract.

Confirmation

Are you the accredited representative in South Africa for the services offered by you: YES / NO

Declaration

I/We have examined the information provided in your quotation documents and offer to undertake the work prescribed in accordance with the requirements as set out in the quotation document. The prices quoted in this quotation are valid for the stipulated period. I/We confirm the availability of the proposed team members. We confirm that this quotation will remain binding upon us and may be accepted by you at any time before the expiry date.

Signature of respondent:

Are you duly authorised to commit the respondent: YES / NO

Capacity under which this quotation is signed

Section B Part 8: Curriculum Vitae Template

CV TEMPLATE GUIDELINE

Proposed role in the project:

1. Family name

2. First name:

3. Date of birth:

4. Nationality

5. Education

Institution Degree(s) or Diploma(s) obtained (Date from - Date to)

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)

11. Professional experience

Date (From – To) (mm/yy) Organisation Location Position Description of duties

12. Other relevant information (e.g. Publications)

Section B Part 9: Pricing Schedule

PRICING SCHEDULE (Professional Services)

NAME OF RESPONDENT:

OFFER TO BE VALID FOR 60 DAYS FROM THE CLOSING DATE OF QUOTATION QUOTATION DESCRIPTION:

1 The accompanying information must be used for the formulation of proposals.

1 April 2012 1 April 2013 1 April 2014 1 April 2015 HOURLY RATES 1 June 2011 to to to to to VAT EXCLUDED 31 March 2012 31 March 2013 31 March 2014 31 March 2015 31 March 2016 Hourly rate, weekdays 17:00 to 07:00 (Monday to Friday) Hourly rate for Saturdays Hourly rate for Sundays Hourly rate for Public holidays VAT 14% Total cost ( hourly rates) If the contract is extended for the additional 2 years, the cost will be as indicated above 2 Period required for commencement with project after acceptance of quotation. 3 Estimated person-days for completion of the project. 4 Are the rates quoted firm for the full period of the contract? 5 If not firm for the full period, provide details of the basis on which adjustments will be applied for, for example consumer price index.