LA1.6: RESOLUTION OF BOARD OF DIRECTORS RESOLUTION of a meeting of the Board of *Directors / Members / Partners of: ______________________________________________________________________________________ ______________________________________________________________________________________ (legally correct full name and registration number, if applicable, of the Enterprise)
Held at ______________________________________________ (place) on __________________________________________________ (date) RESOLVED that: 1
The Enterprise submits a Tender to the Department of Rural Development and Land Reform in respect of the following project: ___________________________________________________________________________________ ___________________________________________________________________________________ (project description as per Tender Document)
Tender Number: ___________________________________________(Tender Number as per Tender Document) 2
*Mr/Mrs/Ms: __________________________________________________________________________ in *his/her Capacity as: ________________________________________________(Position in the Enterprise) and who will sign as follows: ___________________________________________________________ be, and is hereby, authorised to sign the Tender, and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any Contract, and any and all documentation, resulting from the award of the Tender to the Enterprise mentioned above. Name
Capacity
Signature
1 2 3 4 5 6 7 8 Note: 1.
* Delete which is not applicable.
2.
NB. This resolution must be signed by all the Directors / Members / Partners of the Tendering Enterprise.
3.
Should the number of Directors / Members / Partners exceed the space available above, additional names capacity and signatures must be supplied on a separate page.
ENTERPRISE STAMP
1
LA1.6 RESOLUTION OF BOARD OF DIRECTORS TO ENTER INTO CONSORTIA OR JOINT VENTURES RESOLUTION of a meeting of the Board of *Directors / Members / Partners of: ____________________________________________________________________________________ ____________________________________________________________________________________ (Legally correct full name and registration number, if applicable, of the Enterprise)
held at ______________________________________________ (place) on __________________________________________________ (date) RESOLVED that: 1 The Enterprise submits a Tender, in consortium/joint venture with the following Enterprises: ____________________________________________________________________________________________ ____________________________________________________________________________________________ (List all the legally correct full names and registration numbers, if applicable, of the Enterprises forming the consortium/joint venture)
to the Department of Rural Development and Land Reform in respect of the following project: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ (Project description as per Tender Document)
Tender Number: _________________________________________(Tender Number as per Tender Document) 2 *Mr/Mrs/Ms: _________________________________________________________________________ in *his/her Capacity as: _____________________________________________(Position in the Enterprise) and who will sign as follows: ___________________________________________________________ be, and is hereby, authorised to sign a consortium/joint venture agreement with the parties listed under item 1 above, and any and all other documents and/or correspondence in connection with and relating to the consortium/joint venture, in respect of the project described under item 1 above. 3 The Enterprise accept joint and several liability with the parties listed under item 1 above for the due fulfilment of the obligations of the joint venture deriving from, and in any way connected with, the Contract to be entered into with the Department in respect of the project described under item 1 above. 4 The Enterprise choose as its domicilium citandi et executandi for all purposes arising from this joint venture agreement and the Contract with the Department in respect of the project under item 1 above: Physical address:
_______________________________ _______________________________ _______________________________ _________________________ (code)
2
Postal Address:
_______________________________ _______________________________ _______________________________ _________________________ (code)
Telephone number: _________________________ (code) Fax number:
_________________________ (code) Name
Capacity
Signature
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Note: 1.
* Delete which is not applicable.
2.
NB. This resolution must be signed by all the Directors / Members / Partners of the Tendering Enterprise.
3.
Should the number of Directors / Members / Partners exceed the space available above, additional names, capacity and signatures must be supplied on a separate page.
ENTERPRISE STAMP
3
LA1.6 SPECIAL RESOLUTION OF CONSORTIA OR JOINT VENTURES RESOLUTION of a meeting of the duly authorised representatives of the following legal entities who have entered into a consortium/joint venture to jointly tender for the project mentioned below: (legally correct full names and registration numbers, if applicable, of the Enterprises forming a consortium/joint venture)
1
__________________________________________________________________________________ __________________________________________________________________________________
2
__________________________________________________________________________________ __________________________________________________________________________________
3
__________________________________________________________________________________ __________________________________________________________________________________
4
__________________________________________________________________________________ __________________________________________________________________________________
5
__________________________________________________________________________________ __________________________________________________________________________________
6
__________________________________________________________________________________ __________________________________________________________________________________
7
__________________________________________________________________________________ __________________________________________________________________________________
8
__________________________________________________________________________________ __________________________________________________________________________________
Held at ______________________________________________ (place) on __________________________________________________ (date)
RESOLVED that: A. The above-mentioned Enterprises submit a tender in consortium/joint venture to the Department of Rural Development and Land Reform in respect of the following project: ______________________________________________________________________________ ______________________________________________________________________________ (Project description as per Tender Document)
Tender Number: ___________________________________________(Tender Number as per Tender Document)
4
B. Mr/Mrs/Ms: _________________________________________________________________________ in *his/her Capacity as: _______________________________________________(Position in the Enterprise) and who will sign as follows: ___________________________________________________________ be, and is hereby, authorised to sign the tender, and any and all other documents and/or correspondence in connection with and relating to the tender, as well as to sign any Contract, and any and all documentation, resulting from the award of the tender to the Enterprises in consortium/joint venture mentioned above. C. The Enterprises constituting the consortium/joint venture, notwithstanding its composition, shall conduct all business under the name and style of: ___________________________________________________________________________________ D. The Enterprises to the consortium/joint venture accept joint and several liability for the due fulfilment of the obligations of the consortium/joint venture deriving from, and in any way connected with, the Contract entered into with the Department in respect of the project described under item A above. E. Any of the Enterprises to the consortium/joint venture intending to terminate the consortium/joint venture agreement, for whatever reason, shall give the Department 30 days written notice of such intention. Notwithstanding such decision to terminate, the Enterprises shall remain jointly and severally liable to the Department for the due fulfilment of the obligations of the consortium/joint venture as mentioned under item D above. F. No Enterprise to the consortium/joint venture shall, without the prior written consent of the other Enterprises to the consortium/joint venture and of the Department, cede any of its rights or assign any of its obligations under the consortium/joint venture agreement in relation to the Contract with the Department referred to herein. G. The Enterprises choose as the domicilium citandi et executandi of the consortium/joint venture for all purposes arising from the consortium/joint venture agreement and the Contract with the Department in respect of the project under item A above:
Physical address:
_______________________________ _______________________________ _______________________________ _________________________ (code)
Postal Address:
_______________________________ _______________________________ _______________________________ _________________________ (code)
Telephone number: _________________________ (code) Fax number: ______________________________ (code)
5
Name
Capacity
Signature
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Note: 1 * Delete which is not applicable. 2. NB: This resolution must be signed by all the Duly Authorised Representatives of the Legal Entities to the consortium/joint venture submitting this tender. 3. Should the number of Duly Authorised Representatives of the Legal Entities joining forces in this tender exceed the space available above, additional names, capacity and signatures must be supplied on a separate page. 4. Resolutions, duly completed and signed, from the separate Enterprises who participate in this consortium/joint venture must be attached to the Special Resolution.
6
LA1.7 AUTHORITY OF SIGNATORY Signatories for companies, closed corporations and partnerships must establish their authority BY ATTACHING TO THIS FORM, ON THEIR ORGANISATIONS’S LETTERHEAD STATIONERY, a copy of the relevant resolution by their Board of Directors, Members or Partners, duly signed and dated. An EXAMPLE is shown below for a COMPANY:
MABEL HOUSE (Pty) Ltd By resolution of the Board of Directors taken on 20 May 2000, MR A.F JONES has been duly authorised to sign all documents in connection with Contract no RDLR-0002(2012/2013), and any contract which may arise there from, on behalf of Mabel House (Pty) Ltd.
SIGNED ON BEHALF OF THE COMPANY:
(Signature of Managing Director)
IN HIS CAPACITY AS:
Managing Director
DATE:
20 May 2000
SIGNATURE OF SIGNATORY:
(Signature of A.F Jones)
As witnesses: 1.
.................................
2.
.................................
Signature of person authorised to sign the tender: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date:
............................
SBD 2
TAX CLEARANCE CERTIFICATE REQUIREMENTS It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 1
In order to meet this requirement bidders are required to complete in full the attached 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 the 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 the 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.
Jeyrel:\Mdk416-SBD2 tax clearance
TCC 001
TAX CLEARANCE
Application for a Tax Clearance Certificate
Purpose Tenders
Select the applicable option
Good standing
If “Good standing”, please state the purpose of this application
Particulars of applicant Name/Legal name (Initials & Surname or registered name)
Trading name (if applicable)
Company/Close Corp. registered no
ID/Passport no Income Tax ref no VAT registration no
4
Customs code Telephone no
C O D E
N U M B E R
Fax no
PAYE ref no
7
SDL ref no
L
UIF ref no
U
C O D E
N U M B E R
E-mail address Physical address
Postal address
Particulars of representative (Public Officer/Trustee/Partner) Surname First names Income Tax ref no
ID/Passport no Telephone no
C O D E
N U M B E R
E-mail address Physical address
Page 1 of 2
Fax no
C O D E
N U M B E R
Particulars of tender (If applicable) Tender number Estimated Tender amount Expected duration of the tender
,
R year(s)
Particulars of the 3 largest contracts previously awarded Date started
Date finalised
Contact person
Principal
Amount
Telephone number
Audit Are you currently aware of any Audit investigation against you/the company? If “YES” provide details
YES
NO
Appointment of representative/agent (Power of Attorney) I the undersigned confirm that I require a Tax Clearance Certificate in respect of I hereby authorise and instruct SARS the applicable Tax Clearance Certificate on my/our behalf.
Tenders
or
Goodstanding.
to apply to and receive from
M M
C C Y Y
D D
Date
Signature of representative/agent Name of representative/ agent
Declaration I declare that the information furnished in this application as well as any supporting documents is true and correct in every respect.
M M
C C Y Y
D D
Date
Signature of applicant/Public Officer Name of applicant/ Public Officer
Notes: 1. It is a serious offence to make a false declaration. 2. Section 75 of the Income Tax Act, 1962, states: Any person who (a)
fails or neglects to furnish, file or submit any return or document as and when required by or under this Act; or
(b)
without just cause shown by him, refuses or neglects to(i)
furnish, produce or make available any information, documents or things;
(ii)
reply to or answer truly and fully, any questions put to him ...
As and when required in terms of this Act ... shall be guilty of an offence ... 3. SARS will, under no circumstances, issue a Tax Clearance Certificate unless this form is completed in full. 4. Your Tax Clearance Certificate will only be issued on presentation of your South African Identity Document or Passport (Foreigners only) as applicable. Page 2 of 2
