Common use of POINTS AWARDED FOR SPECIFIC GOALS Clause in Contracts

POINTS AWARDED FOR SPECIFIC GOALS. 4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference points must be awarded for specific goals stated in the tender. For the purposes of this tender the tenderer will be allocated points based on the goals stated in table 1 below as may be supported by proof/ documentation stated in the conditions of this tender: 4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the tender documents, stipulate in the case of— (a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10 preference point system will apply and that the highest acceptable tender will be used to determine the applicable preference point system; or (b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable tender will be used to determine the applicable preference point system, then the organ of state must indicate the points allocated for specific goals for both the 90/10 and 80/20 preference point system. Women 100% Ownership 3 6 Youth 100% Ownership 3 6 People with Disabilities 100% Ownership 2 4 Black Male 100% Ownership 2 4 *CIPC Document (Company Registration Document will be required for verification (CIPC DOC)) *Woman (Originally Certified ID Document) *Youth (Originally Certified ID Document) *People with Disability (Letter from the Dr. Confirming the Disability) *Black Ownership (Originally Certified ID Document) 4.3. Name of company/firm……………………………………………………………………. 4.4. Company registration number: …………………………………………………………... 4.5. TYPE OF COMPANY/ FIRM ϒ Partnership/Joint Venture / Consortium ϒ One-person business/sole propriety ϒ Close corporation ϒ Public Company ϒ Personal Liability Company ϒ (Pty) Limited ϒ Non-Profit Company ϒ State Owned Company [TICK APPLICABLE BOX] 4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certifythat the points claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the preference(s) shown and I acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state that the claims are correct; iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the organ of state may, in additionto any other remedy it may have – (a) disqualify the person from the tendering process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

POINTS AWARDED FOR SPECIFIC GOALS. 4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference points must be awarded for specific goals stated in the tender. For the purposes of this tender the tenderer will be allocated points based on the goals stated in table 1 below as may be supported by proof/ documentation stated in the conditions of this tender: 4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the tender documents, stipulate in the case of— (a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10 preference point system will apply and that the highest acceptable tender will be used to determine the applicable preference point system; or (b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable tender will be used to determine the applicable preference point system, then the organ of state must indicate the points allocated for specific goals for both the 90/10 and 80/20 preference point system. Women 100% Ownership 3 6 Youth 100% Ownership 3 6 People with Disabilities 100% Ownership 2 4 Black Male 100% Ownership people 2 4 *CIPC Document (Company Registration Document will be required for verification (CIPC DOC)) *Woman (Originally Certified ID Document) *Youth (Originally Certified ID Document) *People with Disability (Letter from the Dr. Confirming the Disability) *Black Ownership (Originally Certified ID Document) 4.3. Name of company/firm……………………………………………………………………. 4.4. Company registration number: …………………………………………………………... 4.5. TYPE OF COMPANY/ FIRM ϒ □ Partnership/Joint Venture / Consortium ϒ □ One-person business/sole propriety ϒ □ Close corporation ϒ □ Public Company ϒ □ Personal Liability Company ϒ □ (Pty) Limited ϒ □ Non-Profit Company ϒ □ State Owned Company [TICK APPLICABLE BOX] 4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certifythat certify that the points claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the preference(s) shown and I acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state that the claims are correct; iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the organ of state may, in additionto addition to any other remedy it may have – (a) disqualify the person from the tendering process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) 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; (d) recommend that the tenderer or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution, if deemed necessary. ……………………………………………………… 1. PURPOSE OF THE FORM

POINTS AWARDED FOR SPECIFIC GOALS. 4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference points must be awarded for specific goals stated in the tender. For the purposes of this tender the tenderer will be allocated points based on the goals stated in table 1 below as may be supported by proof/ documentation stated in the conditions of this tender: 4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the tender documents, stipulate in the case of— (a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10 preference point system will apply and that the highest acceptable tender will be used to determine the applicable preference point system; or (b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable tender will be used to determine the applicable preference point system, then the organ of state must indicate the points allocated for specific goals for both the 90/10 and 80/20 preference point system. Women 100% Ownership 3 6 Youth 100% Ownership 3 6 People with Disabilities 100% Ownership 2 4 Black Male 100% Ownership 2 4 *CIPC Document (Company Registration Document will be required for verification (CIPC DOC)) *Woman (Originally Certified ID Document) *Youth (Originally Certified ID Document) *People with Disability (Letter from the Dr. Confirming the Disability) *Black Ownership (Originally Certified ID Document) 4.3. Name of company/firm……………………………………………………………………. 4.4. Company registration number: …………………………………………………………... 4.5. TYPE OF COMPANY/ FIRM ϒ □ Partnership/Joint Venture / Consortium ϒ □ One-person business/sole propriety ϒ □ Close corporation ϒ □ Public Company ϒ □ Personal Liability Company ϒ □ (Pty) Limited ϒ □ Non-Profit Company ϒ □ State Owned Company [TICK APPLICABLE BOX] 4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certifythat certify that the points claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the preference(s) shown and I acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state that the claims are correct; iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the organ of state may, in additionto addition to any other remedy it may have – (a) disqualify the person from the tendering process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) 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; (d) recommend that the tenderer or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution, if deemed necessary. ……………………………………………………… The Conditions of Contract are clauses 1 to 41 of the JBCC Series 2000 Principal Building Agreement (Edition 4.1 March 2005) published by the Joint Building Contracts Committee. Copies of these conditions of contract may be obtained from the Association of South African Quantity Surveyors (011-3154140), Master Builders Association (011-205-9000; 057-3526269) South African Association of Consulting Engineers (011-4632022) or South African Institute of Architects (051- 4474909; 011-4860684; 053-8312014;) The JBCC Principal Building Agreement makes several references to the Contract Data for specific data, which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the JBCC Principal Building Agreement. Each item of data given below is cross-referenced to the clause in the JBCC Principal Building Agreement to which it mainly applies. 1.1 Replace the following definitions in DEFINITIONS AND INTERPRETATIONS with the following wording: AGREEMENT means the agreement arising from the signing of the Form of Offer and Acceptance by the parties. BILLS OF QUANTITIES means the document drawn up in accordance with the Pricing Instructions contained in the Pricing Data. CONSTRUCTION PERIOD means the period commencing on the date of site hand over and ending on the date of practical completion. CONTRACT DOCUMENTS means the Agreement and all documents referenced therein. CONTRACT DRAWINGS means the drawings listed in the Scope of Work. CONTRACT SUM means the total of prices in the Form of Offer and Acceptance. SCHEDULE means the variables listed in the Contract Data. CORRUPT PRACTICE means the offering, giving, receiving and soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution FRAUDULENT PRACTICE means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any Bider, and includes collusive practice among bidders (prior to or after the Bid submission) designed to establish Bid prices at artificial non- competitive levels and to deprive the Bider of the benefits of free and open competition. INTEREST means the interest rates applicable to this contract, whether specifically indicated in the relevant clauses or not, will be the rate as determined by the Minister of Finance, from time to time, in terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999). SECURITY means the form of security provided by the employer or contractor, as stated in the schedule, from which the contractor or employer may recover expense or loss.