Supply Chain Management Policy And Procedures 2016

Transcription

SUPPLY CHAIN MANAGEMENTPOLICY, PROCESSES AND PROCEDURESPage 1

RECOMMENDEDTHAT the Supply Chain Management Policy and the contents thereof be tabled forapproval at the Mayoral Committee.VersionVersionDateApril 2015DocumentNameSupply Chain Management Policy and ProceduresReviewedByDate:INTERNAL AUDITORSupportedByDate:CHIEF FINANCIAL OFFICERSignatureDate:MUNICIPAL MANAGERAdoptedby theMayoralCommitteeDate:CHAIRPERSONApprovedby theCouncilDate:RESOLUTIONEffective dateNext revisiondatePage 2

ContentsCHAPTER 1: ESTABLISHMENT AND IMPLEMENTATION OF THE SUPPLY CHAINMANAGEMENT POLICY . 6PART 1: Supply Chain Management Policy . 61.Review Of The Policy. 62.Distribution Of The Policy. 6PART 2: Terminology . 71.Abbreviations . 72.Definitions And Abbreviations . 8PART 3: Purpose .16PART 4: Application Of This Policy.16PART 5: SCM Strategic Objectives.17PART 6: Procurement Principles.18PART 7: Applicable Legislation .21PART 8: Delegations .22PART 9: Oversight .23PART 10: Establishment Of The SCM Unit .231.The SCM System . 232.SCM Unit . 263.Training Of SCM Officials. 264.Communication With The SDM . 265.Availability Of Supply Chain Management Policy . 27CHAPTER 2: SUPPLY CHAIN MANAGEMENT FRAMEWORK .27PART 1: Demand Management System .271.Introduction . 272.Steps To Be Implemented For Effective Demand Management System. . 283.Major Activities . 31PART 2: Acquisition Management System .341.Introduction . 342.Range Of Procurement Processes. 353.General Pre-Conditions Applicable To Bids And Quotations . 424.List Of Accredited Prospective Suppliers . 445.Petty Cash Purchases (R0-01 To R 1000-00) . 486.Written Quotations (R1000-01 To R 2000) . 497.Formal Written Price Quotations (R1000-01 To R 30 000) . 49Page 3

8.Procedures For Procuring Goods Or Services Through Written Quotations AndFormal Written Price Quotations (R30 000-01 To R200 000-00). . 509.Competitive Bids (Above R200 000-01) . 5110.Process For Competitive Bidding . 5211.Compilation Of Bid Documentation . 5212.Public Invitation For Competitive Bids . 5513.Procedure For Handling, Recording And Opening Of Bids . 6014.Negotiation With Preferred Bidders . 6415.Two Stage (Prequalification) Bidding Process . 6416.Two Envelope System . 6517.Committee System For Competitive Bids . 6618.Bid Specification Committee . 6619.Bid Evaluation Committee . 6820.Bid Adjudication Committee. 7521.Notifying Successful/Unsuceful Bidders . 7722.Publication Of Names Of Bidders In Respect Of Advertised Competitive Bids,Above Threshold Value Of R200 000 (All Applicable Taxes Included) . 7823.Acquisition Of Goods Or Services From Other Organs Of State Or Public Entities7924.Acquisition Of Goods And Services Under Contracts Secured By Other OrgansOf State. . 7925.Acquisition Of Banking Services . 8026.Acquisition Of It Related Goods Or Services. . 8027.Acquisition Of Goods Necessitating Special Safety Arrangements. . 8128.Proudly South African Campaign . 8129.Appointment Of Consultants . 8130.Public-Private-Partnerships . 8231.Publications In Newspapers . 8232.Alternative Bids . 8233.Unsolicited Bids . 8334.Deviation From, And Ratification Of Minor Breaches Of The Bid Processes . 8435.Condonation Of Expenditure . 8736.Obligation To Report . 8737.Combating Abuse Of The Supply Chain Management Policy . 88PART 3: Meetings, Minutes, Records And Thresholds .891.Meetings . 89Page 4

2.Notice Of Meetings . 903.Non Attendance . 914.Minutes Keeping . 915.Decision Making . 916.Confidentiality . 927.Declaration Of Interest . 928.Attendance . 939.Code Of Conduct . 93PART 4: Logistics, Disposal, Risk And Performance Management System .931.Logistics Management . 932.Disposal Management System. 973.Risk Management . 984.Performance Management. 995.Contract Management . 101PART 5: Other Matters .1071.Prohibition On Awards To Persons Whose Tax Matters Are Not In Order . 1072.Prohibition On Awards To Persons In The Service Of The State. 1073.Awards To Close Family Members Of Persons In The Service Of The State . 1084.Ethical Standards . 1085.Inducement, Rewards, Gifts And Favours To Municipalities, Officials And OtherRole Players . 1096.Sponsorships . 1107.Objections And Complaints . 1108.Resolution Of Disputes, Objections, Complaints And Queries . 1102Conflict of interest .1153Accountability.1154Openness .1165Confidentiality .116Page 5

CHAPTER 1: ESTABLISHMENT AND IMPLEMENTATION OF THE SUPPLYCHAIN MANAGEMENT POLICYPART 1: Supply Chain Management Policy1. Review Of The Policy1.1. The CFO will be the official responsible for implementation of this policy.1.2. The implementation of this policy must be reviewed at least annually toensure that it is aligned with the legislative environment.1.3. When deemed necessary on an ad hoc basis, the CFO must submitproposals for the amendment of the policy to Council through the relevantstructures.1.4. If the CFO submits proposed amendments to the Council that differ from themodel policy issued by National Treasury, the CFO must-1.4.1. Ensure that, such proposed amendments comply with the Regulations.1.4.2. Report any deviation from the model policy to National Treasury andthe relevant Provincial Treasury.2. Distribution Of The Policy2.1. All changes must be distributed to all the role players.2.2. All recipients are to sign for receipt of the documentation.2.3. After changes have been made, updated hard copies (and electronic copies)must be sent at least to the following parties:2.3.1. Finance Portfolio Committee (Sub-committee of Council);2.3.2. Accounting Officer;2.3.3. Chief Operations Officer;2.3.4. Chief Financial Officer;2.3.5. All Executive Directors; and2.3.6. All MANCO members.Page 6

PART 2: Terminology1. AbbreviationsAOAccounting OfficerBBBEEABroad-Based Black Economic Empowerment Act, 2003(Act No. 53 of 2000).BEEBlack Economic EmpowermentCFOChief Financial OfficerCFSTCross Functional Sourcing TeamCIDBConstruction Industry Development BoardCPICCompanies and Intellectual Property CommissionDTIDepartment of Trade and IndustryGCCGeneral Conditions of ContractIDPIntegrated Development PlanMBDMunicipal Bidding DocumentMFMAThe Local Government: Municipal Finance ManagementAct, 2003 (Act No. 56 of 2003).PALAMAPublic Administration Leadership and ManagementAcademyPPPFAPreferential Procurement Policy Framework Act, 2000(Act No. 5 of 2000)SARSSouth African Revenue ServicesSCMSupply Chain ManagementSCMUSupply Chain Management UnitSDBIPService Delivery and Budget Implementation PlanSDMSedibeng District MunicipalitySITAState Information Technology AgencySLAService Level AgreementSMMESmall, Medium and Micro EnterpriseTORTerms of ReferenceVATValue Added TaxPage 7

2. Definitions And Abbreviations2.1. In this Supply Chain Management Policy, unless the context otherwiseindicates, a word or expression to which a meaning has been assigned in theAct has the same meaning as in the Act, andAccountabilityMeans the personal responsibility of a person to hissenior or higher authority for any act or omission in theexecution of his assigned duties (Accountability cannotbe delegated).Accounting OfficerMeans the Accounting Officer as defined in theMunicipal Finance Management Act.Adjudication pointsMeans the points referred to in terms of PreferentialProcurement Regulations, 2011.All applicable taxesIncludes value-added tax, pay as you earn income tax,unemployment insurance fund contributions and skillsdevelopment levies.AssetMeans a tangible or intangible resource capable ofownership.BidderMeans any person (natural and/or juristic) submitting acompetitive bid or a quotation pursuant to definition1.35.Black peopleMeans Africans, Coloureds and Indians (includingChinese) people who are citizens of South Africa by: Birth; or Descent; Naturalization prior to the commencement date ofthe Interim Constitution (1993); or Naturalization after the commencement date of theInterim Constitution (1993), but were prevented frombecoming naturalized by apartheid.B-BBEE Status level ofMeans the B-BBEE status received by a measuredcontributorentity based on its overall performance using therelevant scorecard contained in the Codes of GoodPage 8

Practice on Black Economic Empowerment, issued interms of section 9(1) of the Broad-Based BlackEconomic Empowerment Act.BVAMeans BEE Verification AgencyCapital AssetMeans:a. Any immovable asset such as land, property orbuildings; orb. Any movable asset that can be used continuouslyor repeatedly for more than one year inproduction or supply of goods and services, forrental to others or for administrative purposes,and from which future economic benefit can ns Closed Corporations Act, Act No 69 of 1984Closing TimeMeans the time and day specified in the bid documentsfor the receipt of documents.Comparative priceMeans the price after the factors of a non-firm price andall unconditional discounts that can be utilized havebeen taken into consideration.Competitive BiddingMeans a competitive bidding process referred to inProcessRegulation 12(1) (d) of the Municipal Supply ChainManagement Regulations.Competitive BidMeans a bid in terms of the Competitive BiddingProcess.Construction IndustryMeans the Construction Industry Development BoardDevelopment BoardAct, 38 of 2000 and includes the regulations pertaining(CIDB) Actthereto.Construction WorksMeans any work in connection with:a. The erection, maintenance, alteration, renovation,repair, demolition or dismantling of or addition toa building or any similar structure;Page 9

b. Theinstallation,erection,dismantlingormaintenance of a fixed plant;c. The construction, maintenance, demolition ordismantling of any bridge, dam, canal, road,railway, sewer or water reticulation system or anysimilar civil engineering structure; ord. The moving of earth, clearing of land, the makingof an excavation, pilling or any similar type ofwork.Consortium or JointMeans an association of persons for the purpose ofVenturecombining their expertise, property, capital, efforts, skilland knowledge in an activity for the execution of acontract.ConsultantMeans any person or entity providing services requiringknowledge based expertise and includes professionalservice providers.ContractMeans the agreement that results from acceptance of atender by an organ of state.ContractorMeans any person or entity whose bid or quote hasbeen accepted by the municipality.Contract participationMeans the amount equal to the sum of the value of workgoalfor which the prime contractor contracts to engagespecific target groups in the performance of the contract,expressed as a percentage of the bid sum, excludingprovisional sums, contingencies and VAT.CouncilMeans the Sedibeng District Municipality abbreviatedSDM.Delegated AuthorityMeans any person or committee who have beendelegated authority by the municipality in terms of theprovision of the Municipal Finance Management Act andthe Systems Act.DisabilityIn respect of a person, means a permanent impairmentPage 10

of a physical, intellectual, or sensory function, whichresults in restricted, or lack of, ability to perform anactivity in the manner, or in the range, considerednormal for a human being.Exempted Capital AssetMeans a municipal capital asset which is exempt bySection 14(6) or 90(6) of the MFMA from otherprovisions of that section.Exempted MicroMeans any enterprise with an annual total revenue of REnterprises (EMEs)5000, 000 or less, with a certificate issued by erascontemplated in Section 60(4) of the Close CorporationAct No. 9 of 1984.Exempted Micro Enterprises are deemed to have a BBBEE status level 4 contributor and if owned by morethan 50% black people or by black women, it will bedeemed to have a B-BBEE status level 3 contributor.Exempted MicroMeans any enterprise within the tourism sector anEnterprisesannual total revenue of R 2 500, 000 or less, with a“TOURISM”certificate issued by the registered Auditor or AccountingOfficer as contemplated in Section 60(4) of the CloseCorporation Act No. 9 of 1984.Exempted MicroMeans any enterprise within the construction sector withEnterprisesannual total revenue of R 1, 500, 000 or less, with a“CONTRUCTION”certificate issued by the registered Auditor or AccountingOfficer as contemplated in Section 60(4) of the CloseCorporation Act No. 9 of 1984.Final AwardIn relation to bids or quotations submitted for a contract,means the final decision on which bid or quote toaccept.Firm PriceMeans the price that is only subject to adjustments inaccordance with the actual increase or decreasePage 11

resulting from the change, imposition, or abolition ofcustoms or excise duty and any other duty, levy, or tax,which, in terms of the law or regulation, is binding on thecontractor and demonstrably has an influence on theprice of any supplies, or the rendering costs of anyservice, for the execution of the contract.Formal Written PriceMeans a written or electronic offer to the SDM inQuotationresponse to an invitation to submit a quotation.FunctionalityMeans the measurement according to predeterminednorms, as set out in the tender documents, of a serviceor commodity that is designed to be practical and useful,working or operating, taking into account, among otherfactors, the quality, reliability, viability and durability of aservice and the technical capacity and ability of atenderer. “Functionality is also referred to as “Quality”.HODHead of the DepartmentIn the service of theMeans:statea. Amemberofany municipalcouncil,anyProvincial Legislature or the National Assembly orthe National Council of Provinces;b. An official of any municipality or municipal entity;c. An employee of any National or itutional Institution within the meaning of thePublic Finance Management Act, 1 of 1999;d. A member of the board of directors of anymunicipal entity;e. A member of the Accounting Authority of anyprovincial or national public entity; andf. An employee of Parliament or a ProvincialLegislature.IRBAMeans Independent Regulatory Board of AuditorsPage 12

Lead-timeThe period between the SDM’s order and the delivery ofthe final product/service.Long term contractMeans a contract with a duration period exceeding oneyear.Municipal AssetsMeans the Municipal Assets Transfer RegulationsTransfer Regulationspublished in Government Gazette 31346 of 22 August2008.Municipal EntityMeans an entity defined in the Systems Act.Non-exempted CapitalMeans a municipal capital asset which is not exemptedAssetby Section 14(6) or 90(6) of the MFMA, from the otherprovisions of that section.Non-firm pricesMeans all prices other than “firm prices”Other applicableMeans any other legislation applicable to municipallegislationsupply chain management, includinga)PersonIncludes the natural or juristic entity.PolicyMeans this Supply Chain Management Policy asamended from time to time with annexures.Prime ContractorShall have the same meaning as the contractor.QSEMeans Qualifying Small Enterprise.Rand valueMeans the total estimated value of a contract in SouthAfrican currency, calculated at the time of tenderinvitations, and includes all applicable taxes and exciseduties.RepublicMeans Republic of South Africa.Responsible AgentMeans those internal project managers being the SDMofficials or external consultants appointed by the SDMresponsible for the administration of a project orcontract.ResponsiveMeans a bidder that:bid/quotationa. Complies in all respects with the specification andPage 13

conditions of the bid.b. Has completed and signed all the prescribed bidforms to enable SDM to evaluate the submittedbid.c. Has submitted the required original tax clearancecertificate and other clearance/registration formsas prescribed by the Income Tax Act and/or inthe bid documentation.d. Has the necessary capacity and ability to executethe contract.e. Have its municipal rates and taxes and municipalservices charges account in order.Treasury GuidelinesMeans guidelines on supply chain management issuedby the Minister in terms of section 168 of the Act.The ActMeans the Local Government: Municipal FinanceManagement Act, 2003 (Act No. 56 of 2003).SANASMeans South African National Accreditation SystemSARSMeans South African Revenue ServicesSME’sSmall, Medium and Micro Enterprises bears the samemeaning assigned to this expression in the NationalSmall Business Act, 102 of gementsSub-contractorMeans any person that is employed, assigned, leased orcontracted by the prime contractor to carry out work insupport of the prime contractor in the execution of thecontract.Supplier/VendorAre generic terms which may include suppliers of goodsand services, contractors and/or consultants.Supplier DatabaseMeans the list of accredited prospective providers whichthe municipality or municipal entity must keep in terms ofRegulation14oftheMunicipalSupplyChainPage 14

Management Regulations published in GovernmentGazette 27636 of 30 May 2005.Tender/TendererMeans bid/bidder in the context of construction worksprocurement.Term bidMeans a rates based bid for ad hoc or repetitive supplyof goods, services or construction works, where theindividual rates are approved for use over a specifiedcontract period.The Systems ActMeans the Local Government: Municipal Systems Act(Act No. 32 of 20000) and its regulations.Treasury GuidelinesMeans any guidelines on supply chain managementissued by the Minister in terms of Section 168 of theMFMA.Unsolicited BidMeans an offer submitted by any person at its owninitiative without having been invited by the SDM to doso.Value for moneyMeans in relation to agreements, that the performanceof a private party in terms of the agreement will result ina net benefit to the institution defined in terms of cost,price, quality, quantity, risk transfer or any combinationof those factors.2.2. Words importing the singular shall include the plural and vice versa andwords importing the masculine gender shall include females and wordsimporting persons shall include companies, close corporations and firmsunless the context clearly indicates otherwise.2.3. All limits stated in this document shall be deemed to be inclusive of allapplicable taxes.Page 15

PART 3: Purpose1. This Supply Chain Management Policy and Procedure Manual represents theminimum standards that staff members are expected to apply in theirprocurement activities. The overall objective of this policy and procedure manualis:1.1. To ensure efficient, effective and uniform planning for and procurement ofgoods, services and/or works, required for proper functioning of SDM as wellas the sale and letting of assets;1.2. To give effect to section 217 of the Constitution of the Republic of SouthAfrica by implementing a system that is fair, equitable, transparent,competitive and cost-effective;1.3. To comply with all provisions of MFMA including the Municipal Supply ChainManagement Regulations published under GN868 in Government Gazette27636 30 May 2005 and any National Treasury Guidelines issued in terms ofMFMA;1.4. To ensure, that the goods and services required, are aligned to both the IDPand budget of SDM.1.5. To obtain best value for money when procuring goods and services.1.6. To ensure that the objectives of uniformity in supply chain managementsystems between organs of state, in all spheres, is not undermined and thatconsistency with national economic policy on the promotion of investmentsand doing business with the public sector is maintained.PART 4: Application Of This Policy1. This Policy applies to:1.1.The procuring of goods or services, including construction works andconsultancy services;1.2.The disposal of assets no longer needed;Page 16

1.3.The selection of contractors to provide assistance in the provision ofmunicipal services otherwise than in circumstances where Chapter 8 ofthe Systems Act applies; or1.4.The selection of external mechanisms referred to in section 80 (1) (b) ofthe Systems Act for the provisionofmunicipal servicesincircumstances contemplated in Section 83 of that Act.2. This policy, except where provided otherwise, does not apply in respect ofprocurement of goods and services contemplated in section 110(2) of the Act,including:2.1.Water from Department of Water Affairs or a public entity, anothermunicipality or a municipal entity; and2.4.Electricity from Eskom or another public entity, another municipality ora municipal entity.3. Unless specifically stated otherwise, this Policy does not apply if SDM contractswith another organ of the state for:3.1.The provision of goods and services;3.2.The provision of a municipal service; and3.3.The procurement of goods and services under a contract secured bythat organ of the state provided that the relevant organ of the state hasagreed to such procurement.A report shall nevertheless be submitted to the Bid Adjudication Committee seekingauthority to contract with another organ of the state.PART 5: SCM Strategic Objectives1. To promote and maintain good corporate governance:1.1. Compliance with legislative requirements.Page 17

1.2. Simplified uniform SCM Policy and Procedures.1.3. Appropriate delegations and segregation of duties.1.4. Audit trail of procurement process.1.5. Recorded spend.2. To promote Local BEE suppliers and SMME through procurement spend:2.1. Promotion of Local BEE Suppliers/SMME joint ventures and subcontractingwhere feasible.2.2. Promote the competitiveness of local BEE suppliers.2.3. Unbundling of large scale infrastructure projects into small manageableprojects for SMME’s.2.4. Appointing panels of suppliers and ensure rotation amongst BEE suppliers.3. To use SCM as an enabler to achieve strategic objectives in the IDP.3.1. Adequate budgeting.3.2. Responsive SCM processes.4. To ensure value for money when procuring.4.1. Optimal processes.4.2. Clear and unambiguous requirement setting (Specifications/TORs).4.3. Effective contract and supplier management.PART 6: Procurement Principles1. The SDM shall adhere to the procurement principles as noted hereunder:1.1. TransparencyThe procurement process shall be opened and predictable and shall affordprospective bidders timely access to the same and accurate information.Page 18

1.2. Equal treatmentAll bidders and providers shall be treated equally throughout the wholeprocurement process and shall be given access to the same information.1.3. EffectivenessThe SDM shall strive to standardise and simplify procedures whereappropriate to enhance the SCM system’s effectiveness and shall carry outits SCM processes as cost-effectively and efficiently as possible. The SDMshall strive to build relationships with providers, shall ensure good workingpractices and shall encourage innovative solutions for providers.1.4. CompetitivenessThe SDM shall satisfy its requirements through competition unless there arejustifiable reasons to the contrary.1.5. FairnessAll bidders shall be dealt with fairly and without unfair discrimination.Unnecessary constraints shall not be imposed on bidders/contractors andcommercial

THAT the Supply Chain Management Policy and the contents thereof be tabled for approval at the Mayoral Committee. Version Version Date April 2015 Document Name Supply Chain Management Policy and Procedures Reviewed By Date: INTERNAL AUDITOR Supported By Date: CHIEF FINANCIAL OFFICER Signature Date: MUNICIPAL MANAGER Adopted by the Mayoral