request for proposals - coega · knowledge of the standard forms of contract such as fidic, joint...

Request for Proposals:

APPOINTMENT OF PANEL OF ATTORNEYS

FOR COEGA DEVELOPMENT CORPORATION

06 April 2017

Contract No

CDC/163/17

DOCUMENT INFORMATION SHEET

Title of Document : Request for Proposals: Appointment of Panel of Attorneys for Coega Development Corporation

Type of Document : Request for Proposal

Document Number : CDC/163/17

Prepared by : Sivuyile Boqwana

Typed by : Sivuyile Boqwana

Business Unit : Corporate Services

Prepared for : Potential Bidders

Date of Issue : 06 April 2017

Copyright

All rights reserved. No part of this document may be reproduced or distributed in any form or by any means, electronic, mechanical, photocopying or recording

or otherwise, or stored in a database or retrieval system, without the prior written permission of the Coega Development Corporation (Pty) Ltd. ©

Coega Development Corporation Corporate Services Unit

Coega IDZ and Port

Zone Development and Operation


Coega IDZ and Port


REQUEST FOR PROPOSALS FOR APPOINTMENT OF PANEL OF ATTORNEYS FOR

COEGA DEVELOPMENT CORPORATION CDC/163/17

INVITATION AND SCOPE OF SERVICES

The CDC is inviting suitably qualified and competent attorney firms to submit proposals to in order to form part of the Coega Development Corporation’s panel of attorneys for a period of three (3) years, to be used as and when required.

The panel of attorneys is required to provide a wide range of legal services which include, but are not limited to: (a) Provision of legal advice / opinions on various legal matters; (b) Representation of the CDC in dispute resolution and litigation matters; (c) Notarisation and registration of deeds; (d) Handling of labour / employment matters.

The panel should comprise of specialists with knowledge of various fields of law including, but not limited to: (a) Commercial and Corporate Law; (b) Commercial and Civil Litigation; (c) Labour and Employment Law; (d) Constitutional Law; (e) Administrative Law; (f) Construction Law; (g) Public Finance Management; (h) Environmental Law; (i) Competition Law; (j) Property Law; (k) Conveyancing; (l) Tax Law. CONDITIONS

(a) Preference will be given to bidders who comply with the CDC’s Procurement Policy & Procedures. (b) Preferential Procurement Policy Framework Act (PPPFA), 2000: Preferential Procurement Regulations,

2017 shall apply, whereby submissions will be evaluated according to the provisions of that Act and the Public Finance Management Act (PFMA) Sections 36 and 49.

(c) Bidders must submit a valid BBBEE Verification Certificate from SANAS Accredited Verification Agency or from a Registered Auditor approved by Independent Regulatory Board of Auditors (IRBA) in order to be eligible for empowerment points. Qualifying Small Enterprise (QSE) and Exempted Micro Enterprises (EME) must submit a sworn affidavit confirming the company Annual Total Revenue and level of black ownership.

(d) The following scores will be applied: (i) Price - 80, (ii) BBBEE Status - 20.

(e) Proof of registration with Treasury’s Centralized Supplier Database (CSD) or provide a Treasury CSD registration number e.g. MAAA0…; bidders have a responsibility to make sure that they are Tax compliant by the closing date of the bid they are tendering for and also remain Tax Compliant during the evaluation period. The Tax Status of the bidders will be verified through CSD.

The Coega Project is a multi-billion rand initiative comprising an Industrial Development Zone (IDZ) and a deepwater Port, 20km from Port Elizabeth. The initiative aims to position South Africa as a platform for global manufacturing and export through foreign and local investments. This contract forms part of the Coega Development Corporation’s (CDC) overall development of infrastructure for the Coega IDZ.


Coega IDZ and Port


Request for Proposal documents shall be available for download from the CDC website: www.coega.com from 12h00 on 21 April 2017. There will be a compulsory briefing meeting on 10 May 2017 at CDC Main Office, Coega Business Centre, Cnr Alcyon Road & Zibuko Street, Zone 1, Coega IDZ, Port Elizabeth at 10h00 where CDC representatives will meet with prospective service providers.

The closing date and time for the receipt of completed bids is, 22

nd of May 2017 at 12h00 at the reception

desk of the CDC Main Office, Coega Business Centre, Cnr Alcyon Road & Zibuko Street, Zone 1, Coega IDZ, Port Elizabeth. No late submissions will be considered and bids will not be opened in public. One original completed bid document shall be placed in a sealed envelope clearly marked: “CDC/163/17 – Appointment of Panel of Attorneys for Coega Development Corporation”.

Failure to provide any mandatory information required in this Bid will result in the submissions being deemed null and void and shall be considered non-responsive. Respondents must include a “Proof of registration with Treasury’s Centralized Supplier Database (CSD) or provide a Treasury CSD registration number e.g. MAAA0…;contractors and service providers have a responsibility to make sure that they are Tax compliant by the closing date of the bid they are tendering for and also remain Tax Compliant during the evaluation period. The Tax Status of the bidders will be verified through CSD.

Telegraphic, telexed, facsimiled or e-mail submissions will not be accepted.

No telephonic or any other form of communication with any other CDC member of staff, other than the named individual below, relating to this request for bid will be permitted. All enquiries regarding this bid must be in writing only, and must be directed to: Andile Ntloko, Unit Head: Supply Chain Management; e-mail address: [email protected]

The CDC reserves the right not to accept the lowest proposal in part or in whole or any proposal.

http://www.coega.com/

mailto:[email protected]


Coega IDZ and Port


Appointment of Panel of Attorneys for CDC 4 28 April 2017

TABLE OF CONTENTS

1 INTRODUCTION AND BACKGROUND ............................................................................................ 5

2 SCOPE OF SERVICES ....................................................................................................................... 5

3 METHODOLOGY ................................................................................................................................ 6

4 EMPOWERMENT ............................................................................................................................... 7

5 PREPARATION OF SUBMISSION .................................................................................................... 7

6 ASSESSMENT CRITERIA .................................................................................................................. 7

7 TERMS AND CONDITIONS ............................................................................................................... 8

8 DISQUALIFICATIONS ........................................................................................................................ 9

9 COPYRIGHT ..................................................................................................................................... 10

10 CONFIDENTIALITY AND MEDIA PROTOCOL ............................................................................... 10

Coega Development Corporation Corporate Services Business Unit

Coega IDZ and Port



1 INTRODUCTION AND BACKGROUND

1.1 Coega Development Corporation’s (CDC) legal services unit, which falls within the Corporate Services

Business Unit, is responsible for the provision of general legal services to all Business Units and

Infrastructure Programmes within the CDC. From time to time, the services of external legal service

providers such as attorneys are required in support of the legal services unit and to offer a wide range of

legal services which cannot be undertaken by the CDC legal managers or require specialist knowledge

and experience.

1.2 This process seeks to solicit proposals from attorney firms who wish to form part of the CDC’s panel of

attorneys for a three (3) year period to be used an as-and-when required basis. Attorneys who were

previously on the CDC’s supplier database should also submit their proposal.

1.3 Only legal practices or sole proprietors established and registered in accordance with the provisions of

the Attorneys Act, 1979 (Act No. 53 of 1979 as amended) will be considered for this RFP.

2 SCOPE OF SERVICES

2.1 SCOPE OF SERVICES

2.1.1 Appointed service providers will be required to provide a wide range of legal services to the CDC which

include, but are not limited to:

(a) Provision of legal advice / opinions on different matters affecting the CDC;

(b) Representation of the CDC in dispute resolution and litigation matters - Attorneys will attend to civil

litigation on behalf of the CDC, either in the court of law or through mediations, arbitrations and/or

adjudications. Attorneys are required to have an in-depth practical knowledge of civil litigation

procedures;

(c) Notarisation and registration of deeds – lease agreements, servitudes;

(d) Handling of labour / employment matters – service providers will be required to advise on employee

disciplinary matters, procedural and substantive issues relating to disciplinary hearings conducted,

advise on disciplinary codes, policies and governing legislation, represent the CDC at the CCMA,

Labour Court and Labour Appeal Court.

2.1.2 The key personnel allocated by the firms in the panel should comprise of specialists with knowledge of

one or more of the following fields of law:

(a) Commercial and Corporate Law;

(b) Commercial and Civil Litigation;


Coega IDZ and Port



(c) Labour and Employment Law;

(d) Constitutional Law;

(e) Administrative Law;

(f) Construction Law - Attorneys are required to have practical knowledge of:

o the entire spectrum of construction law, and the related regulatory environment including

knowledge of the standard forms of contract such as FIDIC, Joint Building Contracts

Committee, General Conditions of Contract;

o Construction Industry Development Board (CIDB) and its legislation (Construction Industry

Development Board Act, 2000, Construction industry Development Regulations, 2004 (as

amended), CIDB’s Code of Conduct for all parties engaged in Construction Procurement

and CIDB's Inform Practice Notes);

(g) Public Finance Management – in particular, the Public Finance Management Act, 1999 and

Treasury Regulations, 2005 (as amended);

(h) Environmental Law;

(i) Competition Law;

(j) Property Law;

(k) Conveyancing;

(l) Tax Law.

3 METHODOLOGY

3.1.1 The external service providers will supplement the CDC’s own internal legal services function and will

report to the CDC’s legal managers.

3.1.2 Appointed service providers will be required to enter into a service level agreement with the CDC setting

out the terms and conditions of their appointment. The SLA will serve as a tool to measure, monitor and

assess the service provider’s performance and ensure effective delivery of service, quality and value-add

to CDC’s business. Service delivery levels and quality of the work will be a measure of retention in the

panel.

3.1.3 Appointed service providers will be appointed based on the hourly rates tendered as indicated in the Fee

Proposal. The instructing legal services manager will ensure that the invoiced fees are based on

tendered rates. The service provider’s adherence to agreed timelines will also monitored by the

instructing legal services manager.

3.1.4 The firms of attorneys may not cede or assign any part of its agreement with the CDC nor subcontract

any part of the work assigned to them without the prior written authorization of the CDC (including

instructions for the appointment of correspondent attorneys).


Coega IDZ and Port



3.1.5 Instructions will be rotated amongst the firms. However, there is no guarantee that service providers will

receive instructions if they are appointed to form part of the panel.

4 EMPOWERMENT

4.1.1 Appointed services providers will be required to only instruct practitioners from previously disadvantaged

groups (black, female and disability) whenever the services of a junior advocate are used.

4.1.2 Service providers will also be required to ensure transfer of skills to the CDC’s legal managers through

training and development initiatives.

5 PREPARATION OF SUBMISSION

The following items are to be submitted:

a) The Respondents Information Sheet;

b) All documents indicated under mandatory requirements.

6 ASSESSMENT CRITERIA

MANDATORY REQUIREMENTS

Table 1: Mandatory Requirements to be submitted

Failure to submit and complete all mandatory information will result in submissions being deemed null

and void and shall be considered “non – responsive”.

ITEM NO. DESCRIPTION

(1) Proof of registration with Treasury’s Centralized Supplier Database (CSD) or provide a

Treasury CSD registration number e.g. MAAA0…;contractors and service providers have

a responsibility to make sure that they are Tax compliant by the closing date of the bid they

are tendering for and also remain Tax Compliant during the evaluation period. The Tax

Status of the bidders will be verified through CSD.

(2) Proof of Registration with the Law Society for key personnel allocated for the service

(3) Certified copies of valid Fidelity Fund Certificates for partners

(4) Completed and signed Fee Proposal

(5) Completed and signed Declaration of Interest Register

(6) Completed and Signed Declaration of Bidder’s Past Supply Chain Management Practices

(SBD 8)

(7) Completed and signed Certificate of Independent Bid Determination (SBD 9)


Coega IDZ and Port



ADDITIONAL INFORMATION REQUIRED

The following additional information is required for the assessment of tenders:

QUANTITATIVE ASSESSMENT

Bids are to be adjudicated on Price and BBBEE status. The method of scoring Financial Proposals and

the Consolidated BBBEE Verification Certificate is described in the attached Tender Evaluation and

Scoring document.

The allocation of tender adjudication points for this Contract shall be as follows:

Area of Adjudication Maximum Points

Tendered Price (SP) 80

Empowerment Objectives (SE) 20

Total Points (S) 100

7 TERMS AND CONDITIONS

a) All submissions must be received by the CDC no later than 12:00 noon, 22nd

May 2017. Bidders must

submit their proposals before the closing date and time and no late submissions will not be considered.

b) All submissions and subsequent information received will become the property of the CDC and will not

be returned.

c) Failure to complete all mandatory information will result in submissions being deemed null and void

and shall be considered “non-responsive” and therefore not considered.

d) Telegraphic, telexed, faxed or e-mailed submissions will not be accepted.

e) One original document shall be placed in a sealed envelope clearly marked “CDC/163/17-

Appointment of Panel of Attorneys for Coega Development Corporation”.

ITEM NO.

DESCRIPTION

(1)

Bidders must submit a valid BBBEE Verification Certificate from SANAS Accredited

Verification Agency or from a Registered Auditor approved by Independent Regulatory

Board of Auditors (IRBA) in order to be eligible for empowerment points. Qualifying Small

Enterprise (QSE) and Exempted Micro Enterprises (EME) must submit a sworn affidavit

confirming the company Annual Total Revenue and level of black ownership

(2) Comprehensive company profile

(3) Provide list of Key Personnel assigned to the contract and years of experience. Please

refer to appendix G


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f) Bidders or their representatives (including the courier services) must ensure that they register their

submissions in the Register for Submissions form that will be provided at the Reception Desk of the

CDC, wherein they will indicate the name of the person delivering the submission, the name of the

bidding company, the time and date of submission and attach their signatures.

g) All enquiries regarding this Request for Proposal must be directed in writing only to: Mr Andile Ntloko

– Unit Head: Supply Chain Management as follows:

Coega Development Corporation, Corner Alcyon Road & Zibuko Street, Zone 1, Coega IDZ,

Port Elizabeth, 6100.

Email : [email protected]

h) The contact person reflected above shall be the only point of contact for this contract. Failure to

observe this requirement will lead to immediate disqualification of the bidder.

i) Submission of a proposal and its subsequent receipt by the CDC does not represent a commitment on

the part of the CDC to proceed further with any bidder.

j) The bidder shall treat as confidential all documentation which is provided pursuant to this RFP;

k) All Bids submitted to the CDC will become the property of the CDC and will as such not be returned to

the Bidder. The CDC will make all reasonable efforts to maintain proposals in confidence. Proprietary

information should be identified as such in each proposal.

l) No costs incurred by bidders in the preparation of their submission will be reimbursed.

m) If the CDC amends this RFP, the amendment will be sent to each Bidder in writing. No oral

amendments by any person will be considered or acknowledged. The firms of attorneys may not cede

or assign any part of its agreement with the CDC nor subcontract any part of the work assigned to

them without the prior written authorization of the CDC (including instructions for the appointment of

correspondent attorneys).

n) Bidders who meet the requirements will be placed in the panel according to their areas of

specialization and location. Firms will then be ranked according to their combined scoring for pricing

and BBBEE, from highest to lowest.

o) Instructions will be rotated amongst the firms. However, there is no guarantee that service providers

will receive instructions if they are appointed to form part of the panel.

8 DISQUALIFICATIONS

Bidders will be immediately disqualified if, during the tendering stage or during the tender evaluation and

adjudication stage or after the contract has been awarded, they are found to have conducted or committed

any of the following:

a) Bidder, bidder’s representatives, associates, or shareholders sought to influence the adjudication

process of this tender, or outcomes of the adjudication process, directly or indirectly;

b) Bidder that failed to follow or observe the lines of communication that are prescribed in the Advert;

c) Collusion among bidders;

d) Misrepresentation of information;

mailto:[email protected]


Coega IDZ and Port



e) Any Bidder or its principals or both who have engaged in corrupt and fraudulent practices, not only with

the CDC but anywhere else;

f) Bidder who has pending liquidation, in receivership, bankrupt/insolvent (actually and commercially);

g) Tendered price that is unrealistically low and posing commercial risk to the CDC;

h) Poor past performance on previous contracts; and

i) Bidders appearing on the National Treasury’s list of restricted suppliers.

9 COPYRIGHT

Copyright in this document is vested in the CDC. No part of this document may be copied, in whole or in

part, in any form or any format without the prior written consent of the CDC.

10 CONFIDENTIALITY AND MEDIA PROTOCOL

All information and documents received in relation to this tender shall be treated with strict confidence.

The CDC reserves the right to announce the names of the successful bidders in the media and/or its

website. A respondent shall be not be entitled to any information or documents disclosed by another bidder

to the CDC which the CDC has determined to be confidential.

The detail and content of evaluation of submissions shall remain confidential to the CDC.


Coega IDZ and Port



APPENDIX A – RESPONDENT’S INFORMATION SHEET

This form MUST be filled in by all respondents to this RFP

Contract No. CDC/163/17

Description of Contract Appointment of Panel of Attorneys for Coega Development Corporation

Name of Organisation

Company Registration Number

Physical Address

Postal Address

Contact Name

Email Address

Telephone Number

Fax Number

Cell Number

SARS Personal Information Number

National Treasury Central Supplier Database Registration Number


ISO 9001: 2008 Clause 7.4.1

Purchasing Process

APPENDIX B - FEE PROPOSAL

Tendered Hourly Fee per professional

Professional

Hourly Fee Rate

(Year 1)

Hourly Fee Rate

(Year 2)

Hourly Fee Rate

(Year 3)

Director / Partner

Senior Associate

Associate / Junior

Associate

Candidate Attorney

Average (Year 1 to Year 3)

EXCL VAT

VAT

Average (Year 1 to Year 3)

INCL VAT

Note: All instructions given by the CDC will be approved based on the above tendered rates.

Name of Bidder: ………………………………………………

Authorized Signature: ……………………………………….. Date: ……………………………………………………………


ISO 9001: 2008 Clause 7.4.1

Purchasing Process


ISO 9001: 2008 Clause 7.4.1

Purchasing Process


APPENDIX C – OFFICE LOCATION AND AREA OF SPECIALITY

* Please tick applicable office location and services offered at the office

OFFICE LOCATION

Area of Specialisation

Co

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erc

ial/

Co

rpo

rate

Law

Co

nsti

tuti

on

al L

aw

Lab

ou

r /

Em

plo

ym

en

t L

aw

Ad

min

istr

ati

ve L

aw

Dis

pu

te R

eso

luti

on

/ L

itig

ati

on

En

vir

on

men

tal L

aw

Co

nstr

ucti

on

Law

Oth

er

Please indicate below

Port Elizabeth

East London

Durban

Johannesburg

Cape Town

Coega Development Corporation DoH Infrastructure Programme

Free State Provincial Projects

Department of Health ISO 9001: 2008 Clause 7.4.1

Purchasing Process

APPENDIX D – COMPULSORY DECLARATION OF INTEREST


Coega IDZ and Port Zone Development and Operation

ISO 9001: 2008 Clause 7.4.1 Purchasing Process

COMPULSORY DECLARATION OF INTEREST FORM

The following particulars must be furnished. In the case of a joint venture, a separate declaration of

interest form in respect of each party to the joint venture must be completed and submitted.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3: CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4: Particulars of sole proprietors and partners in partnerships

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Name* Identity number* Personal income tax number*

Section 5: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6: Record of association with CDC member of Staff/Board

If any sole proprietor, partner in a partnership or director, manager, shareholder or stakeholder in a company or

close corporation has an association with a CDC member of staff or member of Board, a relative of a CDC

member of staff or member of Board please provide information below: An Association is defined as: a

business or personal relationship between a group of people or organizations joined together for a purpose.

Name of sole proprietor,

partner, director, manager,

principal shareholder or

stakeholder

Name of the CDC member of staff or

Board

Type of relationship

(tick appropriate column)

Family Friend

*insert separate page if necessary




COMPULSORY DECLARATION OF INTEREST FORM (continued)

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:

i) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person,

who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender

Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

ii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control

over the enterprise, has within the last five years been convicted of fraud or corruption;

iii) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender offers

and have no other relationship with any of the tenderers or those responsible for compiling the scope of work that

could cause or be interpreted as a conflict of interest; and

iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief

both true and correct.

Signed

Date

Name

Position

Company Name




APPENDIX E – DECLARATION OF BIDDERS PAST SUPPLY CHAIN PRACTICES

(FORM SBD 8)




SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Standard Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by institutions in ensuring that when goods and services are

being procured, all reasonable steps are taken to combat the abuse of the supply chain

management system.

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

a. abused the institution’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.

4 In order to give effect to the above, the following questionnaire must be completed and submitted

with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National

Treasury’s database as companies or persons prohibited from

doing business with the public sector?

(Companies or persons who are listed on its database were

informed in writing of its restriction by National Treasury

after the audi alteram partem rule applied).

Yes

No

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for

Tender Defaulters in terms of Section 29 of the Prevention and

Combating of Corrupt 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

Yes

No

http://www.treasury.gov.za/





4.3 Was the bidder or any of its directors convicted by a court of law

(including a court outside of the Republic of South Africa) for

fraud or corruption during the past five years?

Yes

No


4.4 Was any contract between the bidder and any organ of state

terminated during the past five years on account of failure to

perform on or comply with contract?

Yes

No


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




APPENDIX F – CERTIFICATE OF INDEPENDENT BID DETERMINATION (FORM

SBD 9)




SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement

between, or concerted practice by, firms, or a decision by an association of firms, if it is between

parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive

bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must

take all reasonable steps to prevent abuse of the supply chain management system and

authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the

institution’s supply chain management system and or committed fraud or any other

improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed

any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that,

when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be

completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly

conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or

services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.




SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

__________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of: ______________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be

true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on

behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the

bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word

“competitor” shall include any individual or organization, other than the bidder, whether or not

affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,

abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business

as the bidder.




SBD 9

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However communication

between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements

with any competitor regarding the quality, quantity, specifications and conditions or delivery

particulars of the products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,

directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of

the awarding of the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property,

capital, efforts, skill and knowledge in an activity for the execution of a contract.

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

Coega Development Corporation Corporate Services

Coega IDZ and Port Zone Development and Operations


1 APPENDIX G – NAME OF KEY PROFESIONALS ASSIGNED TO THE

CONTRACT AND YEARS OF EXPERIENCE

Name

Year of Experience

0 – 5 years 5 year or

more years More than 10

years

Signed

Date

Name

Position

Consortium/JV

request for proposals - coega · knowledge of the standard forms of contract such as fidic, joint...

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