regulatory examination workshops · level 1 regulatory examinations workshops (re 1 and 5) at...

Transitional Management Committee:

AM Sithole (Commissioner) DP Tshidi CD da Silva JA Boyd MM du Toit LP Kekana K Gibson OB Makhubela SE Mmakau

RFQ TITLE REGULATORY EXAMINATION WORKSHOPS

RFQ NUMBER FSCA2018/19-R046 CLOSING DATE 26 OCTOBER 2018

CLOSING TIME 11h00 (South African Standard Time,

obtained from Telkom SA SOC Limited by dialling 1026)

PHYSICAL ADDRESS

Riverwalk Office Park, Block B 41 Matroosberg Road

Ashlea Gardens, Extension 6 Menlo Park; Pretoria; 0081

POSTAL ADDRESS P.O. Box 35655; Menlo Park; 0102 WEBSITE www.fsca.co.za SCM RFQ ENQUIRIES TECHNICAL ENQUIRIES

Name Nsovo Maluleke Khosi Segole-Sibisi

Phone 012 422 2832 012 367 7168 Email [email protected] [email protected] RFQ Email [email protected]

http://www.fsb.co.za/

mailto:[email protected]

FSCA201819-R046

REGULATORY EXAMINATION WORKSHOPS

Contents A. INTRODUCTION TO REQUEST FOR QUOTATION (RFQ) ........................................... 3

1. Introduction ................................................................................................................... 3

2. Request for Quotation (RFQ) rules .......................................................................... 3

B. TERMS OF REFERENCE ...................................................................................................... 5

3. Terms of reference ....................................................................................................... 5

4. Background ................................................................................................................... 5

5. Scope of work ............................................................................................................... 5

6. Timelines ........................................................................................................................ 6

7. Bid evaluation ............................................................................................................... 6

8. Functional evaluation (Desktop) .............................................................................. 8

9. Preference point system .......................................................................................... 10

10. Additional information required ............................................................................. 10

C. APPENDIX 1: EXTRACT OF BOARD NOTICE 194 OF 2017 ...................................... 11

D. APPLICABLE STANDARD BIDDING DOCUMENTS .................................................... 30

SBD 4 ...................................................................................................................................... 30

SBD 6.1 ................................................................................................................................... 33

SBD 8 ...................................................................................................................................... 38

SBD 9 ...................................................................................................................................... 40

ISSUE DATE Friday, 12 October 2018 PAGE 2 OF 43

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A. INTRODUCTION TO REQUEST FOR QUOTATION (RFQ) 1. Introduction 1.1 The Financial Sector Conduct Authority (FSCA) was established in terms of the

Financial Sector Regulation Act No. 9 of 2017 and it is responsible for market conduct regulation and supervision. The FSCA aims to enhance and support the efficiency and integrity of financial markets and to protect financial customers by promoting their fair treatment by financial institutions, as well as providing financial customers with financial education.

1.2 The vision of the FSCA is to ensure an efficient financial sector where customers are informed and treated fairly and its mission is to ensure a fair and stable financial market, where consumers are informed and protected, and where those that jeopardize the financial well-being of consumers are held accountable. Visit the FSCA website, www.fsca.co.za for further information about the FSCA.

1.3 The FSCA operates from offices in Pretoria at Riverwalk Office Park; Block B; 41 Matroosberg Road; Ashlea Gardens Extension 6; Menlo Park; Pretoria.

1.4 This RFQ is subject to the Preferential Procurement Policy Framework Act No. 5 of 2000 and the Preferential Procurement Regulations, 2017, the General Conditions of Contract (GCC) and, if applicable, any other special conditions of contract. Where, however, the special conditions of contract are in conflict with the general conditions of contract, the special conditions of contract prevail.

1.5 The FSCA is inviting quotations from potential service providers for the services described in the below: Description of goods/services: Regulatory examinations workshops

1.6 Bid documents will only be considered if received by the FSCA on or before

the closing date and time, regardless of the method used to send or deliver such documents to the FSCA.

1.7 Late submissions will not be accepted.

2. Request for Quotation (RFQ) rules

2.1 The following rules will apply for this Request for Quotation: 2.1.1 Price(s) quoted must be valid for 30 days from the closing date and time of

your offer.

2.1.2 Price(s) quoted must be firm and must be inclusive of Value Added Tax (VAT) where applicable.




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2.1.3 Price(s) must include all related expenses, i.e. transport, accommodation,

etc. (where applicable).

2.1.4 Potential supplier/service provider must be validly registered on the Central Supplier Database (CSD) as hosted by National Treasury.

2.1.5 Only an official order form issued by the Head of the Supply Chain Management Unit or Chief Financial Officer of the FSCA will bind the FSCA.




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B. TERMS OF REFERENCE

3. Terms of reference

3.1 The purpose of this request is to invite service providers to submit quotations for facilitating regulatory workshops to a total of 180 delegates who are from the previously disadvantaged background (target market) and who have tried and failed the FAIS regulatory examinations a number of times. This specialised training is to adopt a specific approach that recognises the specific needs of this group of delegate.

4. Background

4.1 The FSCA has identified a need to appoint a service provider to facilitate workshops to a total of 180 delegates. The participants include, key individuals, sole proprietors and representatives from previously disadvantaged communities. The provider must be able to provide the workshops in vernacular where appropriate.

4.2 The Enforcement Assessment Division (EAD) of the FSCA is tasked with organizing the workshops and wishes to appoint a service provider to facilitate preparatory level 1 regulatory examinations workshops (RE 1 and 5) at various provinces (Gauteng, Western Cape, KwaZulu-Natal, Limpopo and Mpumalanga). The workshops are meant to assist the previously disadvantaged key individuals, sole proprietors and representatives who have attempted to write the regulatory examinations without success.

4.3 The FSCA will provide a list of the participants and will also be responsible for securing the venues and catering services.

4.4 The services provider shall provide a quotation of the cost for providing the training which includes the training material (as referred to in 5.3) and expenses related to the delivery of the training. On a separate document, the services provider shall set out the approach that will be adopted, which demonstrates why and how this training will be suitable for the target market.

5. Scope of work

5.1 The successful bidder shall facilitate six (6) workshops at the five (5) provinces as follows: ITEM PROVINCE CITY NUMBER OF

WORKSHOPS CANDIDATES

PER WORKSHOP 1 Gauteng Johannesburg 1 30

Pretoria 1 30 2 Western Cape Cape Town 1 30 3 KwaZulu-Natal Durban 1 30




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ITEM PROVINCE CITY NUMBER OF WORKSHOPS

CANDIDATES PER WORKSHOP

4 Limpopo Polokwane 1 30 5 Mpumalanga Nelspruit 1 30

5.2 The duration of each workshop shall be two (2) working days.

5.3 The content of the training must include all the tasks for both Regulatory

Examinations 1 and 5 set out in Annexure 5 (Regulatory Examinations) of Board Notice 194 of 2017 (Refer to Appendix 1 below). The facilitator must set out how the delivery of the training will be appropriate for the target market.

5.4 The successful bidder will not be required to provide any venue or catering and those will be arranged by the FSCA.

5.5 Bidders must ensure that they include travel and accommodation costs in their bid price.

6. Timelines

6.1 The proposed dates for the workshops are between November 2018 to March 2019.

7. Bid evaluation

7.1 The proposals will be evaluated as follows. 7.1.1 Evaluation Stage One: Compliance

Compliance with administrative requirements stated in the Standard Bidding Documents and the mandatory requirements as listed in paragraph 11. In this evaluation stage, all bidders that fail to provide the required information and documentation may be disqualified from further evaluation.

7.1.2 Evaluation Stage Two: Functionality evaluation criteria

In this evaluation stage, bidders are expected to obtain a minimum of 75 out of 100 points to proceed to the next evaluation stage of the evaluation. Failure to obtain the prescribed minimum points will automatically disqualify the bid offer from proceeding to the next evaluation stage.

7.1.3 Evaluation Stage Three: Preference Point System

The 80/20 preference point system shall be applicable to this phase, where 80 points represent maximum obtainable points for the lowest acceptable price, and 20 points represents the B-BBEE level status.




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Points will be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table as listed in the bid documentation.




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8. Functional evaluation (Desktop)

8.1 The bid/proposal will be evaluated for functionality and be rated as follows: Values: 0=Poor 1=Below average, 2=Average, 3=Good, 4=Very Good, 5=Excellent

Table 1

ITEM EVALUATION CRITERIA DESCRIPTION DESCRIPTION WEIGHT

A. A.1. Track record and CVs

A.1.1. Provide at least three contactable references where a similar training was conducted before.

A.1.1.1. References must provide details of courses that were presented with a name and contact details of the person to be contacted.

20

A.1.1.2. The references must not be older than 5 years from the closing date of this RFQ.

10

A.1.1.3. Supply curriculum vitae of presenter/s that includes qualifications and experience as proof that they are subject matter experts in the areas they are presenting.

20

B. B.1. Curriculum Design B.1.1. Provide detailed course content B.1.1.1. Highlight the course outcomes

to be achieved.

15


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ITEM EVALUATION CRITERIA DESCRIPTION DESCRIPTION WEIGHT

B.1.1.2. Provide detailed sample of what will be presented each day. Provide detailed sample of the course outline specifying how each of the tasks for RE 1 and 5 will be covered.

25

C. C.1. Assessments C.1.1. Provide samples of integrated assessments tools

C.1.1.1. Sample of the pre-assessment. 5

C.1.1.2. Sample of the post assessment. 5

TOTAL 100


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9. Preference point system The formula below will be used to calculate the preference procurement points for price:

𝐏𝐏𝐏𝐏 = 𝟖𝟖𝟖𝟖�𝟏𝟏 − 𝐏𝐏𝐏𝐏−𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏𝐏

� Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid or offer under consideration Pmin = Comparative price of lowest acceptable bid Depending on the bidder’s level of broad-based black empowerment contribution, a maximum of 20 points may be allocated to a bidder. The points scored by a bidder for broad-based black economic empowerment contribution will be added to the preference procurement points allocated for price. The table below reflects the number of points to be allocated to a bidder based on broad-based black economic empowerment contribution:

Table 2 BBEE STATUS LEVEL OF THE BIDDER NUMBER OF POINTS

1 20 2 18 3 14 4 12 5 8 6 6 7 4 8 2

Non-compliant contributor 0

10. Additional information required

10.1 The following compulsory additional information is required. Failure to complete and supply any of these documents will lead to disqualification of this bid:

Table 3 Declaration of Interest SBD 4 Preference Points Claim Form for Preferential Procurement Regulations 2017 (Submit proof of B-BBEE status level contributor including a valid B-BBEE Status Level Verification Certificate )

SBD 6.1

Declaration: Abuse of Supply Chain Management Systems SBD 8 Certificate of Independent Bid Determination SBD 9


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C. APPENDIX 1: EXTRACT OF BOARD NOTICE 194 OF 2017 Table 1: Regulatory Examination: FSPs and Key Individuals in all Categories of FSPs

TABLE 1 Task

No

Task

QC

Qualifying Criteria Knowledge

(K) or Skill (S)

1 Demonstrate understanding of the FAIS Act as a regulatory framework

1 Describe the FAIS Act and subordinate legislation

K

2 Explain how the FAIS Act is integrated with other Financial Services Board legislation

K

3 Describe the requirements when interaction between FSPs takes place

K

4 Explain in general which departments of the Registrar's office deal with which FSP matters

K

5 Interact with the Registrar when and where required

S

6 Explain what is the correct format of communication with the Registrar

K

7 Explain what processes are required to remain updated with regards to published changes to legislation that will affect the FSP.

K

2 Define financial products and financial services.

1 Provide an overview of the financial services and different types of financial products an FSP can deal with.

K

2 Apply knowledge of the financial products within the financial services environment.

S

3 Explain the different financial products with examples of products in each category.

K




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

3 Maintain the licence of the FSP

1 Describe the requirement for licensing of an FSP

K

2 Apply for an FSP licence S

3 Describe the requirements for changing any aspect of an FSP licence

K

4 Explain the impact of licensing conditions on an FSP.

K

5 Manage the licensing conditions. S

6 Describe what changes to the FSP licensing details must be communicated to the Registrar

K

7 Confirm that the Registrar is informed within the prescribed timeframes of any changes to the FSP licensing details.

S

8 Describe the implications for the FSP if any of the licensing conditions are not met.

K

9 Discuss the requirements around the display of licences.

K

10 Verify that the FSP has internal controls and procedures in place to ensure that financial services are rendered within the limitations on categories and subcategories for which the licence is issued.

S

11 Explain the implications when a Key Individual leaves the employ of the FSP.

K




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

12 Explain the implications for a Key Individual and/or FSP if an accreditation is suspended or withdrawn or lapsed in terms of the Medical Schemes Act, 1998, or any other enabling legislation

K

13 Explain what levies are payable to the Registrar and when they should be paid.

K

14 Verify that there are processes in place to pay the levies within the prescribed timeframes

S

15 Explain the reasons why a licence can be suspended or withdrawn.

K

16 Describe the conditions under which suspensions, withdrawals and reinstatements of authorisation may be imposed.

K

17 Explain what recourse an FSP has where its licence has been suspended or withdrawn.

K

18 Discuss why a licence would be lapsed

K

19 Describe how lapsing a licence differs from suspension or withdrawal of a licence

K

20 Discuss the effect of voluntary sequestration, winding-up or closure of a business on its licensing status

K

21 Describe the requirements where business rescue or application by Registrar for sequestration or liquidation takes place

K




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

22 Explain what is meant by "undesirable practices."

K

23 Check that there are processes in place to check whether the Registrar has published notices regarding undesirable practices

S

24 Verify that there are processes in place to ensure that the business is aware of declared undesirable practices and that they cease any such practices

S

25 Describe the implications for an FSP if the Registrar declares a business practice to be undesirable

K

26 Explain the reparation measures available to the Registrar if an FSP continues with undesirable business practices.

K

27 Explain the implications where the Registrar issues a directive

K

28 Describe the process of On-site inspections by the Registrar

K

29 Describe the FAIS Act offences K

30 Ensure that there are processes in place to avoid actions that can be regarded as offences under the FAIS Act.

S

31 Define the recourse that an FSP has in the event of a decision made by the Registrar

K

32 Explain the process of enforcement as provided for in legislation

K




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

4 Operate as a key individual in terms of the FAIS Act.

1 Describe the roles and responsibilities of key individuals as defined in the FAIS Act.

K

2 Explain the requirements for approval of a key individual by the Registrar

K

3 Describe the regulated management and oversight responsibilities of a key individual

K

4 Perform the regulated management and oversight responsibilities of a key individual

S

5 Explain the controls required to ensure sufficient management and oversight of the financial services that are rendered

K

6 Explain when an individual can commence acting as a key individual.

K

7 Describe the good standing, honesty and integrity requirements for a key individual.

K

8 Check whether a current/potential key individual meets the good standing, honesty and integrity requirements.

S

9 Explain the implications for a key individual should the key individual no longer meet the good standing, honesty and integrity requirements

K

10 Take appropriate action where a current key individual no longer meets the good standing, honesty and integrity requirements.

S




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

11 Explain the implications for an FSP should a key individual no longer meet the good standing, honesty and integrity requirements

K

12 Describe the competence requirements for a key individual

K

13 Check whether a current/potential key individual meets the competence requirements.

S

14 Describe the on-going training and development requirements for key individuals.

K

15 Verify that the record keeping required for the on-going meeting of fit and proper requirements for key individuals is in place

S

5 Manage and oversee the operational ability of the FSP.

1 Describe the operational ability requirements prescribed in the FAIS Act.

K

2 Confirm that there is adequate storage and filing systems for the safe keeping of records, business communications and correspondence.

S

3 Verify that the FSP has the required bank accounts

S

4 Implement and maintain the prescribed professional indemnity or fidelity insurance cover

S

5 Ensure that disaster recovery and business continuity plans are in place

S

6 Describe the financial soundness requirements for an FSP

K




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

7 Confirm that the financial soundness requirements are met

S

8 Describe the requirements when outsourcing an administration or system function relating to financial services

K

9 Ensure, where activities are outsourced, that written service level agreements are in place

S

10 Check that there are processes in place to ensure that suitable providers are selected for any outsourced functions

S

11 Confirm that where outsourced entities provide financial services, that they are authorised FSP's.

S

6 Adhere to the General Code of Conduct

1 Describe the general and specific duties of a provider

K

2 Describe the processes that need to be in place to manage conflict of interest

K

3 Describe what could possibly be a conflict of interest

K

4 Define what needs to be in a conflict of interest policy

K

5 Ensure that the FSP is managing potential conflicts of interest.

S

6 Apply the requirements of the General Code of Conduct for FSPs and Representatives.

S




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

7 Explain the disclosures that need to be made before rendering a financial service

K

8 Explain disclosures that must be made when rendering a financial service

K

9 Check that disclosures are adequate to enable client's to make an informed decision.

S

10 Explain the requirements for an FSP when custody of financial products and funds occurs.

K

11 Confirm that there is a separate bank account with a registered bank into which client monies are deposited.

S

12 Explain the requirements of the General Code of Conduct for FSPs and Representatives relating to risk management and insurance

K

13 Explain the requirements of the General Code of Conduct for FSPs and Representatives relating to marketing and advertising

K

14 Explain the manner in which complaints are to be handled by the FSP as required by General Code of Conduct for FSPs and Representatives.

K

15 Verify that complaints procedures and processes are in place.

S

16 Follow the complaints procedures and processes that are in place for the FSP.

S




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

17 Explain the requirements of the General Code of Conduct for FSPs and Representatives relating to the termination of agreement or business

K

7 Manage and oversee the compliance functions as required by the FAIS Act.

1 Describe the compliance arrangements required by the FSP

K

2 Explain the requirements of the compliance function within the FSP.

K

3 Establish the compliance function within the FSP.

S

4 Establish and maintain compliance and reporting arrangements for the FSP

S

5 Check that the compliance arrangements specify frequency of monitoring and reporting

S

6 Implement and maintain a documented process to ensure the adequacy of the FSP's compliance and monitoring arrangements.

S

7 Describe when a Compliance Officer should be appointed

K

8 Explain the criteria for approval of a Compliance Officer by the Registrar.

K

9 Ensure that the Compliance Officer is approved by the Registrar

S

10 Describe the role and function of a Compliance Officer.

K

11 Confirm that the compliance function / compliance practice has sufficient resources to provide an efficient compliance service

S




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

12 Explain why it is important for the Compliance Officer to act independently from the management of the FSP.

K

13 Confirm that the Compliance Officer / compliance practice can function objectively and sufficiently independently of the FSP and avoids conflicts of interest

S

14 Explain why it is important for the Compliance Officer to be able to avoid conflicts of interest during the execution of their duties

K

15 Manage potential conflict of interest where there is not a specifically appointed Compliance Officer / compliance practice

S

16 Understand the content of the compliance report(s) in order to be able to sign it off.

K

17 Confirm that where the Compliance Officer found any instances of non-compliance that this is addressed and rectified.

S

18 Replace the Compliance Officer if he/she does not have the required approval of the Registrar.

S

8 Comply with regulated record keeping requirements

1 Explain the record keeping obligations as prescribed by the FAIS and FIC Acts.

K

2 Verify that record keeping and retrieval of records is carried out in terms of the obligations prescribed by the FAIS and FIC Acts

S




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

3 Describe the requirements imposed when record keeping is outsourced to a third party.

K

4 Confirm that third party outsourcing agreements are executed correctly.

S

5 Explain the security requirements for record keeping in terms of confidentiality and access to records.

K

9 Manage and oversee the accounting and auditing requirements

1 Describe the accounting and auditing requirements prescribed by the FAIS Act

K

2 Check that the required accounting and auditing requirements are in place and carried out accurately and timeously.

S

3 Describe the requirements for appointing an auditor or accounting officer

K

4 Ensure that the audit report submitted to the Registrar where funds are received meets the regulatory requirements.

S

10 Manage and oversee the requirements of the FIC Act and Money Laundering and Terrorist Financing control regulations, as it applies to the FSP.

1 Explain the requirements specific to an FSP prescribed by the FIC Act

K

2 Verify that all requirements for internal rules as required by the FIC Act are in place

S

3 Verify that the FSP has processes in place to ensure compliance with the identification, verification, record- keeping and reporting obligations under the FIC Act.

S

4 Check that there are processes in place to ensure that employees receive training in respect of, and are aware of, their obligation to report suspicious transactions.

S




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

11 Deal with complaints that have been submitted to the Ombud for FSPs

1 Explain the role and authority of the Ombud for FSPs

K

2 Discuss the obligations of the FSP in respect of an investigation conducted by the Ombud for FSPs.

K

3 Check that there are processes in place to ensure that the FSP cooperates in the case of an investigation by the Ombud.

S

12 Define the role of the representative in terms of the FAIS Act.

1 Describe the roles and responsibilities of representatives as defined in the FAIS Act.

K

2 Explain when an individual must be appointed as a representative in terms of the FAIS Act.

K

3 Describe the purpose and requirements of the register of representatives

K

4 Verify that the FSP maintains a register of representatives that meets the requirements of the FAIS Act

S

13 Manage and oversee the appointment of representatives.

1 Explain what needs to be in place when appointing a representative.

K

2 Verify that there are processes that enable the FSP to check that a representative meets the fit and proper requirements and can be appointed

S

14 Manage the rendering of services under supervision.

1 Explain when representatives can act under supervision.

K

2 Confirm that there are sufficient qualified individuals to act in the role of supervisor

S




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

3 Describe the requirements that must be in place when representatives act under supervision.

K

4 Ensure that the supervisors understand their role and have the capacity for the number of supervisees

S

5 Verify that there is supervision in place to oversee representatives

S

6 Perform the necessary supervision functions on representatives

S

7 Explain the disclosure requirements for a representative under supervision

K

15 Manage and oversee the representatives appointed by an FSP.

1 Describe the on-going Fit and Proper requirements for representatives.

K

2 Verify that the record keeping required for the on-going meeting of Fit and Proper requirements for representatives is in place

S

3 Implement and maintain a documented process to ensure that all representatives are competent and will provide financial services on behalf of the FSP in accordance with the FAIS Act.

S

4 Check that there are processes to ensure that representatives are making progress towards the Fit and Proper requirements.

S

5 Describe the implications if a representative no longer meets the Fit and Proper requirements

K




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TABLE 1 Task

No

Task

QC


(K) or Skill (S)

16 Debar representatives that have failed to comply with any provision of the FAIS Act in a material manner

1 Define the purpose of debarment K

2 Describe when debarment should be considered.

K

3 Check that the employment/ mandatory agreement with representatives include scope of activities as a representative and reasons for possible debarment

S

4 Explain the debarment process that should be followed in the event of a possible contravention of the FAIS Act

K

5 Confirm that all role players in the FSP are informed about the reasons why debarment would be considered, the process that would be followed and any recourse that a representative may have

S

6 Verify that there are internal processes and procedures in place for the debarment of representatives

S

7 Explain the timeframe and process to notify the Registrar of a debarment

K




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Table 4: Regulatory Examination: Representatives in all Categories of FSPs TABLE 4: REGULATORY EXAMINATION: REPRESENTATIVES IN ALL CATEGORIES OF FSPs

TABLE 4

Task No

Task

QC

Qualifying Criteria

Knowledge (K) or Skill

(S)

1 Demonstrate understanding of the FAIS Act as a regulatory framework

1 Describe the FAIS Act and subordinate legislation K

2 Provide an overview of the financial services and different types of financial products a Representative can deal with.

K

3 Apply knowledge of the financial products within the financial services environment.

S

4 Describe the role and function of a Compliance Officer. K

2 Contribute towards maintaining an FSP licence.

1 Explain the requirements an FSP must meet to maintain an FSP licence.

K

2 Assist in maintaining an FSP licence by executing the required actions as a Representative, in terms of the Act.

S

3 Discuss the requirements around the display of licences. K

4

Explain the implications for a Representative if an accreditation is suspended or withdrawn or lapsed in terms of the Medical Schemes Act, 1998, or any other enabling legislation

K

5 Explain what is meant by "undesirable practices." K

6 Check that the execution of duties and actions as a Representative does not constitute undesirable business practices.

S

7 Describe the implications for a Representative if the Registrar declares a business practice to be undesirable

K




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TABLE 4

Task No

Task

QC

Qualifying Criteria


(S)

8 Explain the reparation measures available to the Registrar if a Representative continues with undesirable business practices.

K

9 Describe the offenses prescribed by the FAIS Act K

3 Define the role of the key individual in terms of the FAIS Act.

1 Describe the roles and responsibilities of key individuals as defined in the FAIS Act.

K

2 Describe the regulated management and oversight responsibilities of a key individual

K

3

Explain the implications for a Representative should a key individual no longer meet the good standing, honesty and integrity requirements

K

4 Adhere to the specific Codes of Conduct

1 Describe the general and specific duties of a provider K

2 Describe what could possibly be a conflict of interest K

3 Define the requirements and impact of the disclosure rules on the FSP. K

4 Apply the requirements of the General Code of Conduct for FSPs and Representatives.

S

5 Explain the disclosures that need to be made by a Representative before rendering a financial service

K

6 Explain disclosures that must be made by a Representative when rendering a financial service

K




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TABLE 4

Task No

Task

QC

Qualifying Criteria


(S)

7 Describe the required disclosures regarding the provider, product supplier and financial service.

K

8 Explain the specific disclosure requirements regarding fees and commission

K

9 Apply disclosure requirements in terms of financial services S

10 Explain the process of advice that should be followed by a Representative

K

11 Explain the requirements when a Representative receives custody of financial products and funds

K

12

Explain the manner in which complaints are to be handled by a Representative as required by the General Code of Conduct for FSPs and Representatives.

K

13 Follow the complaints procedures and processes that are in place for Representatives.

S

14 Explain the requirements of the General Code of Conduct for FSPs and Representatives relating to the termination of an agreement

K

5 Comply with regulated record keeping requirements

1 Explain the record keeping obligations by a Representative as prescribed by the FAIS and FIC Acts.

K

2 Carry out the record keeping and retrieval of records functionality correctly

S




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TABLE 4

Task No

Task

QC

Qualifying Criteria


(S)

6

Comply with the requirements of the FIC Act and Money Laundering and Terrorist Financing control regulations, as it applies to the FSP.

1 Explain the requirements specific to an FSP prescribed by the FIC Act K

2 Describe how the FIC Act impacts a Representatives' interaction with a client.

K

7 Dealing with complaints that have been submitted to the Ombud for FSPs

1 Explain the role and authority of the Ombud for FSPs K

8 Operate as a Representative in terms of the FAIS Act.

1 Describe the roles and responsibilities of Representatives as defined in the FAIS Act.

K

2 Apply knowledge of the role of the Representative in terms of the FAIS Act.

S

3

Explain the fit and proper requirements that apply to a Representative (good standing, honesty, integrity, qualifications, experience, knowledge tested through regulated examinations and continuous professional development)

K

4 Distinguish between advice and intermediary services in terms of the FAIS Act.

K

5 Describe the purpose and requirements of the register of Representatives

K

6 Explain when a Representative should be under supervision. K

7 Explain the disclosure requirements for a Representative under supervision

K

8 Describe the implications if a Representative no longer meets the Fit and Proper requirements

K




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TABLE 4

Task No

Task

QC

Qualifying Criteria


(S)

9 Define the purpose of debarment K

10 Describe when debarment should be considered. K

11 Explain the debarment process that should be followed in the event of a possible contravention of the FAIS Act

K

12 Explain what recourse a debarred Representative may have. K




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D. APPLICABLE STANDARD BIDDING DOCUMENTS SBD 4

DECLARATION OF INTEREST

1. 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 invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship

with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

1. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

2.1 Full Name of bidder or his or her representative: ………………………………………… 2.2 Identity Number: ………………………………………………………………………………… 2.3 Position occupied in the Company (director, trustee, shareholder²): ……………………… 2.4 Company Registration Number: ……………………………………………………………… 2.5 Tax Reference Number: ………………………………………………………………………… 2.6 VAT Registration Number: ……………………………………………………………………… 2.6.1 The names of all directors / trustees / shareholders / members, their individual identity

numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

¹“State” means – (a) any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament.

²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.




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2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ……....…………………… Name of state institution at which you or the person connected to the bidder is employed : ……………………………………… Position occupied in the state institution: ……………………………………… Any other particulars: ………………………………………………………………

……………………………………………………………… ………………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative work outside employment in the public sector?

2.7.2.1 If yes, did you attached proof of such authority to the bid YES / NO

document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

……………………………………………………………………. ……………………………………………………………………. …………………………………………………………………….

2.8 Did you or your spouse, or any of the company’s directors / YES / NO

trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………...

2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?

2.9. 1If so, furnish particulars. ……………………………………………………………... …………………………………………………………..….

………………………………………………………………

2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?




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2.10.1 If so, furnish particulars.

……………………………………………………………… ……………………………………………………………… ………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies whether or not they are bidding for this contract?

2.11.1 If so, furnish particulars: ……………………………………………………………………………. ……………………………………………………………………………. …………………………………………………………………………….

2. Full details of directors / trustees / members / shareholders. Full Name Identity

Number Personal Tax Reference Number

State Employee Number / Persal Number

3. DECLARATION I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.

I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. ..…………………………………………… Signature Date …………………………………. ……………………………………………… Position Name of bidder May 2011




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SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2 a) The value of this bid is estimated to not exceed R500 000 (all applicable taxes included)

and therefore the 80/20 preference point system shall be applicable. 1.3 Points for this bid shall be awarded for:

(a) Price; and (b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS PRICE 80

B-BBEE STATUS LEVEL OF CONTRIBUTOR 20

Total points for Price and B-BBEE must not exceed

100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor

together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.




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2. DEFINITIONS (a) “B-BBEE” means broad-based black economic empowerment as defined in section 1

of the Broad-Based Black Economic Empowerment Act; (b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms

of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts; (h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person; 2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; 3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE 3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

−−=

minmin180

PPPtPs or

−−=

minmin190

PPPtPs

Where Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmin = Price of lowest acceptable bid




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4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR 4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations,

preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points (90/10 system)

Number of points (80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

5. BID DECLARATION 5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must

complete the following: 6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS

1.4 AND 4.1 6.1 B-BBEE Status Level of Contributor: = ………(maximum of 10 or 20 points)

(Points 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 proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING 7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box) YES NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted............…………….…………% ii) The name of the sub-contractor………………………………………………………….. iii) The B-BBEE status level of the sub-contractor......................................…………….. iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box) YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of




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Preferential Procurement Regulations,2017: Designated Group: An EME or QSE which is at last 51% owned by: EME

√ QSE √

Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:……………………………………………………………………………. 8.2 VAT registration number:……………………………………….………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM

� Partnership/Joint Venture / Consortium � One person business/sole propriety � Close corporation � Company � (Pty) Limited [TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

8.6 COMPANY CLASSIFICATION

� Manufacturer � Supplier � Professional service provider � Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in business:…………………………… 8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct;




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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 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding 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 bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury 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.

………………………………………. SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES 1. ……………………………………..

2. …………………………………….




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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 of Restricted Suppliers as companies or persons prohibited from doing business with the public sector?

(Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No


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)?

for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No


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




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Item Question Yes No 4.3.1 If so, furnish particulars:

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 the 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

Js365bW




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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.




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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 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;




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(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.




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SBD 9

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 Js914w 2




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