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Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)

Board Notices

Standard for Uniformity in Construction Procurement - July 2015

Annexures

Annex E (normative) : Sample preferencing schedule where preferences are granted in respect of the direct participation of targeted enterprises and/or labour

 

Annex E

(normative)

 

Sample preferencing schedule where preferences are granted in respect of the direct participation of targeted enterprises and/or labour

 

PREFERENCING SCHEDULE

(Direct participation)
1 DEFINITIONS

 

   The following definitions shall apply to this schedule:

 

  Insert definition for Targeted Enterprises and/or Targeted Labour in here.
2 CONDITIONS ASSOCIATED WITH THE GRANTING OF PREFERENCES

 

The Tenderer, undertakes to:

1) engage one or more Targeted Enterprises/Targeted Labour (adjust as necessary) in accordance with the provisions of the SANS 1914- (insert part number and title as relevant) as varied in Section 3 hereunder;
2) deliver to the Employer, within 5 working days of being requested in writing to do so, a completed Joint Venture Disclosure Form (Annex D of SANS 1914-1) and a Joint Venture Agreement, should a joint venture be proposed at prime contract level with Targeted Partners to satisfy Contract Participation Goal undertakings (adjust wording to reflect documentation that is required or delete);
3) deliver to the Employer, within 5 working days of being requested in writing to do so, a Targeted Enterprise Declaration Affidavit in respect of all Targeted Enterprises engaged at prime contract level to satisfy Contract Participation Goal undertakings (delete if not required);
4) accept the sanctions set out in Section 4 below should such conditions be breached;
5) complete the Tender Preference Claim Form contained in Section 5 below; and
6) complete the Supporting Contract Participation Goal Calculation contained in this schedule.
3 VARIATIONS TO THE TARGETED CONSTRUCTION PROCUREMENT SPECIFICATION SANS 1914-

(insert part number)

 

The variations to SANS 1914- (insert part number) are set out below. Should any requirements of the variations conflict with requirements of SANS 1914- (insert part number and title as relevant), the requirements of the variations shall prevail.

 

Insert variations if any. If none, insert "There are no variations".
4 SANCTIONS

 

In the event that the Tenderer fails to substantiate that any failure to achieve the Contract Participation Goal relating to the granting of a preference was due to quantitative under runs, the elimination of items, or any other reason beyond the Contractor’s control which may be acceptable to the Employer, it shall be liable to pay to the Employer a financial penalty calculated in the following manner:

 

P  = 0,15 X (D – Do) x NA

  (100)

 

Where  D     = tendered Contract Participation Goal percentage.
               Do   = the Contract Participation Goal which the Employer’s representative based on the credits passed, certifies as being achieved upon completion of the Contract.
NA = Net Amount
P    = Rand value of penalty payable

 
5 TENDER PREFERENCE CLAIM IN RESPECT OF ENTERPRISE STATUS OR STRUCTURE OF THE TENDERING ENTITY

 

I/we hereby tender a Contract Participation Goal of ……….% in order to claim a preference.

 

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the firm or sole proprietor confirms that he/she understands the conditions under which such preferences are granted and confirms that the tenderer satisfies the conditions pertaining to the granting of tender preferences.

 

Signature : .........................................................................................................................

Name :...........................................................................................................................…

Duly authorised to sign on behalf of : ............................................................................…

Telephone : .............................................................

Fax : ........................................................................

Date : ......................................................................

 

SUPPORTING CONTRACT PARTICIPATION GOAL CALCULATION

Insert Annex A: Tendered goal calculation from relevant part of SANS 1914