The above Enterprises submit a tender in consortium/joint venture to the Department of Rural Development and Land Reform in respect of the following project:. NB: This decision must be signed by all the duly authorized representatives of the legal entities at the consortium/joint venture submitting this tender.
THE NATIONAL TREASURY Republic of South Africa
GOVERNMENT PROCUREMENT
GENERAL CONDITIONS OF CONTRACT
July 2010
GENERAL CONDITIONS OF CONTRACT July 2010
NOTES
Definitions 2. Application
Use of contract documents and information; inspection
Performance security 8. Inspections, tests and analysis
Delivery and documents 11. Insurance
Transportation 13. Incidental services
Warranty 16. Payment
Contract amendments 19. Assignment
Subcontracts
Delays in the supplier’s performance 22. Penalties
Termination for default
Dumping and countervailing duties 25. Force Majeure
Termination for insolvency 27. Settlement of disputes
Taxes and duties
National Industrial Participation Programme (NIPP) 34. Prohibition of restrictive practices
General Conditions of Contract
- Use of contract
- Performance security
- Inspections, tests and
- Delivery and documents
- Incidental services
- Contract amendments
- Delays in the supplier’s
- Termination for default
- Anti-dumping and countervailing
- Force Majeure
- Termination for insolvency
- Settlement of Disputes
- Limitation of liability
- Governing language
- Applicable law
- Taxes and duties
- National Industrial
1.12 "Force Majeure" means an event that is beyond the Supplier's control and does not involve the Supplier's fault or negligence and cannot be foreseen. 1.15 "Goods" means all equipment, machinery and/or other materials that the supplier must deliver to the buyer under the contract. Patent Rights 6.1 The Supplier shall indemnify the Buyer against all claims by third parties relating to the infringement of patent, trademark or industrial design rights arising from the Buyer's use of the Goods or any part thereof.
Such rejected deliveries will be kept at the cost and risk of the supplier who, when requested, will immediately remove them at his own expense and immediately replace them with deliveries that do meet the requirements of the contract. If the supplier fails to supply the replacement supplies immediately, the buyer may, without giving the supplier further opportunity to replace the rejected supplies, purchase such supplies as may be necessary at the supplier's expense. The details of shipment and/or other documents to be provided by the supplier are specified in SCC.
Such notice, whether in the original bid or later, shall not relieve the supplier of any liability or obligation under the contract. As soon as possible after receipt of Supplier's notice, Buyer shall evaluate the situation and may, in its sole discretion, extend Supplier's time for performance, with or without the imposition of penalties, in which case the extension by the parties shall be confirmed by an amendment. of agreement. Unless otherwise specified in writing by the buyer, the supplier shall continue to perform its obligations under the contract to the extent reasonably practicable and shall seek all reasonable alternative means of performance which are not prevented by the force majeure event.
SBD1 PART A
INVITATION TO BID
SBD1 PART B
TERMS AND CONDITIONS FOR BIDDING
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
- GENERAL CONDITIONS
- BBEE STATUS LEVEL OF CONTRIBUTOR 20 Total points for Price and BBEE must not
- POINTS AWARDED FOR PRICE
- POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
- BBEE Status Level of Contributor Number of points (80/20 system)
- BID DECLARATION
- B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1
- SUB-CONTRACTING
- DECLARATION WITH REGARD TO COMPANY/FIRM
It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Contribution Level. The value of this offer is estimated not to exceed R all applicable taxes included) and therefore the 80/20 preferential points system will apply;. -BBEE CONTRIBUTOR STATUS LEVEL 20 Total points for Price and B-BBEE not required Total points for Price and B-BBEE no.
-BBEE STATUS LEVEL OF CONTRIBUTOR RISK IN TERMS OF PARAGRAPH 1.4 AND 4.1 PARAGRAPH 1.4 AND 4.1. 6.1 B-BSEB status level of contributor:. Marks claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant evidence of B-BSEB status level of contributor. In the event that a contract is awarded as a result of points claimed as indicated in paragraphs 1.4 and 6.1, the contractor may be required to provide documentary evidence to the satisfaction of the buyer that the claims are correct;. fraudulent basis or any of the contract conditions have not been fulfilled, the buyer may, in addition to any other remedy he may have -. a) disqualifies the person from the bidding process;.
PERSONS TO BE INVOLVED IN THE PROJECT AND APPLICABLE FEES (CERTIFIED INVOICE MUST BE PROVIDED UNDER THESE TERMS).
DECLARATION OF INTEREST
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
- Are you or any person connected with the bidder YES / NO presently employed by the state?
- If so, furnish the following particulars
- If you are presently employed by the state, did you obtain YES / NO the appropriate authority to undertake remunerative
- Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct
- If so, furnish particulars
- Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person
- If so, furnish particulars
- Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between
- If so, furnish particulars
- Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies
- If so, furnish particulars
Note: Failure to provide proof of such authority, if any, may result in disqualification from the bid. I ACCEPT THAT THE STATE MAY REJECT THE OFFER OR ACTION AGAINST ME ACCORDING TO SECTION 23 OF THE TERMS AND CONDITIONS IF THIS STATEMENT.
CERTIFICATION
I AGREE THAT POSSIBLE CANCELLATION OF A CONTRACT MAY BE INSERTED AGAINST ME IF THIS STATEMENT REMAINS FALSE.
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I understand that the accompanying bid will be disqualified if this certificate is found not to be true and complete in all respects. I am authorized by the bidder to sign this certificate and submit the accompanying bid on behalf of the bidder. Any 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.
The bidder has arrived at the corresponding bid independently of, and without consultation, communication, agreement or arrangement with, any competitor. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and terms or delivery details of the products or services subject to this invitation to tender. The terms of the accompanying offer have not been and will not be disclosed by the tenderer, directly or indirectly, to any competitor prior to the date and time of the official opening of the offer or the award of the contract.
I am aware that, in addition to and without prejudice to any other means provided to combat any restrictive practices in relation to offers and contracts, offers that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of Article 59 of the Competition Law no. 89 of 1998 and may either 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 Law on Prevention and Combating Corrupt Activities No. 12 of 2004 or any other legislation in force.
The Director General : DEPT OF RURAL DEVELOPMENT AND LAND REFORM
- Introduction and Background 3. Problem statement
- Objectives
- Scope and extent of work 6. Required competency
- Expected deliverables / Outcomes 8. Resources Required
- Pre-qualification
- Mandatory Requirements 11. Additional Documents
- Project finance and payment method 14. Reporting
- Period and duration of contract 16. Costing/comprehensive budget
- Compulsory briefing session and submission details 19. Approval of terms of reference
- PURPOSE
- INTRODUCTION AND BACKGROUND
- Preparation of the financial statements prior to submission at National Treasury (NT), Audit Committee (AC) and Auditor-General (AG) as well as the representation as to
- Provide technical assistance with regards to the interpretation of the applicable accounting standards and the Treasury guidelines with regards to the preparation of
- To attend and participate in all forums and Committees at which the Annual Financial Statement (AFS) will serve as a point of discussion
- To amend the Interim Financial Statements (IFS) and Annual Financial Statements (AFS) and underlying financial records as per recommendations and/or findings from
- To amend the AFS and underlying financial records as per recommendations and/or findings from External and Internal Audit reviews
- PROBLEM STATEMENT
- OBJECTIVES
- SCOPE AND EXTENT OF WORK
- The Preparation of Annual and interim Financial Statements, should include (but not be limited to) the following
- Reconciliations of General Ledger, Interim and Annual Financial Statements (IFS
The purpose is to appoint a service provider to provide technical assistance for financial concepts and preparation of interim financial statements (IFS) and annual financial statements (AFS) for the Commission for the Restitution of Land Rights (CRLR) for a period of three (3) several years. Preparation of the annual accounts prior to submission to the National Treasury (NT), Audit Committee (AC) and Auditor General (AG) as well as the representation to the Audit Committee (AC) and Auditor General (AG) as well as representation regarding the reliability of the disclosed information. Preparation of the annual accounts prior to submission to the National Treasury, Audit Committee and Auditor General (AG) as well as the representation of the reliability of the published information.
Provision of technical assistance in relation to the interpretation of applicable accounting standards and State Treasury guidelines in relation to the preparation of annual financial statements. Amend the annual financial statements (AFS) and related financial records in accordance with the recommendations and/or findings of external and internal audit reviews. Be able to prepare quality drafts of Annual Financial Statements (AFN) to be submitted to the Audit Committee.
Prepare interim financial statements (IFS) and annual financial statements (AFS) with completed accounting file as articulated in the circulars provided by National Treasury and Generally Recognized Accounting Practice (GRAP) standards.
- Analysis and correction of all significant financial statement areas
- REQUIRED COMPETENCY
- Registered with the South African Institute of Chartered Accountants (SAICA)
- The Team Leader should have a minimum of 5 years’ experience in the Preparation of GRAP compliant Financial Statements
- An understanding of modified cash standards 6.4. Knowledge of Treasury Regulations and PFMA
- Demonstration of experience of being the reliable service provider who has provided the required services before. Type and duration of previous experience with
- Capacity to conduct the service, including logistics and manpower
- EXPECTED DELIVERABLES/OUTCOMES 1 Technical assistance on financial concepts
- Interim Financial Statements (IFS) and Annual Financial Statements (AFS) preparations and quality reviews
- Attendance at meetings with the auditors on request 7.4 Provision of informal position papers/emails /presentation
- Amendments of the financial statements and underlying financial records as per recommendations and/or findings from external and internal Audit reviews
- RESOURCES REQUIRED
- Auditor with 5 years’ experience in audit field Demonstrated knowledge of PFMA and TR
- Financial Expert-with 5 years’ experience in finance environment
- Data Analyst with 3 years’ experience in data management
- PRE-QUALIFICATION CRITERIA
- The Commission has decided to apply pre-qualification as determined by
- A bidder must sub-contract 5% of the total bid amount to the following
- The Commission has published a list of sub-contractors on the Central Supplier Database
- Bidders must only select a sub-contractor from the list of sub-contractors as published by the Commission on Restitution of Land Rights (CRLR) on Central
The general objective is to determine a service provider that will ensure complete, accurate and correct preparation and submission of interim financial statements (MFS) and annual financial statements (LFN) for a period of three (3) financial years. Attend and participate in all forums and committees where the Annual Financial Statements (AFS) will serve as a point of discussion. Ensure Interim Financial Statements (IFS) and Annual Financial Statements (AFS) are consistent with the general ledger and trial balance from the Commission's financial system.
Present the completed Interim Financial Statements (IFS) and Annual Financial Statements (AFS) on CaseWare working papers. Presentation of previous year error note for all significant Interim Financial Statements (IFS) and Annual Financial Statements (AFS) area above. The Team Leader must have a minimum of 5 years of experience in the Preparation of GRAP Compliant Financial Statements of GRAP Compliant Financial Statements.
Auditor with 5 years' experience in the field of auditing Demonstrated knowledge of PFMA and TR Demonstrated knowledge of PFMA and TR Registration with the relevant professional accounting body (SAICA).
10 MANDATORY REQUIREMENT
- Provide a proposed methodology 10.3 Detailed project plan
- Clear cost breakdown as per the resources required 10.5 Service providers must submit a Company profile
- Service providers must return the published SBD 3.3 with 90 days validity period as indicated on the form
- Attendance of compulsory briefing session
- Service providers consultancy rates/fees for the resources required must be in line with DPSA&SAICA hourly rates/fees for consultants’ hours required and prices
- Service providers must indicate travelling expenses, accommodation, disbursements, etc on their proposals
- All proposals must have a validity period of 90 days after the closing date
- N.B: A bidder that fails to meet the mandatory requirements as stipulated on page 6, item 10.1 to 10.10 of the terms of reference will be disqualified or
- ADDITIONAL DOCUMENTS
- Valid Tax Clearance Certificate or Tax Compliance Pin
- Proof of registration summary report from Central Supplier Database or provide the MAAA number
- Valid B-BBEE Certificate or Sworn Affidavit
- EVALUATION PROCESS
- FUNCTIONALITY
- CAPACITY Team assessment: Sufficient content experts and the capacity to facilitate
TERMS OF REFERENCE (TOR) FOR THE APPOINTMENT OF A SERVICE PROVIDER TO PROVIDE TECHNICAL ASSISTANCE ON FINANCIAL CONCEPTS AND PREPARATION OF INTERIM AND ANNUAL FINANCIAL STATEMENTS FOR THE COMMISSION ON EXERCISE OF LAND LAW FOR A YEAR (PER YEAR) (CRODLR) (CRODLR)- RIGHT. It is the bidder's responsibility to subcontract with competent and competent subcontractors. In the first phase, bids will be evaluated on functionality outlined herein on the evaluation criteria below.
The evaluation of the functionality will be evaluated individually by the Members of the Bid Evaluation Committee in accordance with the criteria and values of the functionality below. CAPACITY Team Assessment: Sufficient content experts and capacity to facilitate experts and capacity to facilitate deliverables according to TOR timelines for the duration of the entire project. Bidders must have human resource capacity of five (5) dedicated professionals to work on the project.
Each person must have the following minimum appropriate
QUALIFICATIONS (Attach certified
Project Manager
Auditor
Financial Expert
Two (2) Data Analyst
TRACK RECORD Attach three (3) reference letters for previous similar projects undertaken
PROJECT PLAN Detailed project plan linked to milestones and deliverables
1 PORTFOLIO OF EVIDENCE
PREFERENCE POINTS AND PRICE
- BBEE Status Level of Contributor Number of points (80/20 system)
- PROJECT FINANCE AND PAYMENT METHOD
- REPORTING
- PERIOD / DURATION OF CONTRACT
- COSTING / COMPREHENSIVE BUDGET
- TERMS AND CONDITIONS
- COMPULSORY BRIEFING SESSION AND SUBMISSION DETAILS Compulsory briefing session
Bids that qualify from stage 1 will be evaluated using the Preferential Procurement Policy Framework Act (PPPFA, Act 5 of 2000), as amended, where a score of 80 points will be for price and a maximum of 20 points will be awarded for achievement of Broad-Based Economic Empowerment (B-BBEE) contribution status level. The following process will be used specifically as criteria for nomination, in addition to those set out in the Preferential Procurement Regulations 2017 relating to the Preferential Procurement Policy Framework Act, Act 5 of 2000. Proposals will be assessed individually, by a representative from Supply Chain Management by Terms of Reference.
It should be noted that priority will be given to proposals from companies that were previously disadvantaged. Time frames must be considered; fines will be imposed for any delay or failure to comply with time and quality requirements. The appointment will be conditional on the provider expressly accepting the standard tender documentation, including the general contractual conditions for public procurement.
The bidder's team members named in the proposal must be retained for the duration of the project.
Closing/ Submission Date Date: 04 May 2021
NB: No late proposals will be accepted 19. Terms of reference approved
