The nip programme or brochure defines investment in terms of capital outlay/injection in the form of plant and machinery, motor vehicles, land and buildings, hazlitt set up costs, equipment. What do we define as a soc? An soc is an entity that is partly or wholly owned by government. What does causality mean? Causality means that the nip proposals must result directly from the purchase contract. The nip proposal would not have been initiated had it not been a condition of the purchase contract and a possible component in the adjudication process. The exception is the Strategic Partnership Agreement (SPA). Furthermore, causality means that each nip project submitted was caused by the obligator as a result of an nip obligation or the seller's direct involvement therein; or that the involvement of the seller in the nip project had influenced such project to eventuate within.
It also means that the resulting nip obligation arising directly from a purchase contract. Nip obligations and resulting nip projects should emanate from the seller's involvement in sa purchase contracts. The essay exception to this rule being the strategic partnership agreements (spa which allow potential obligors to initiate nip projects proactively, so as to bank accrued nip credits for use in offsetting future nip obligations. Please outline the correct process to be followed by potential suppliers of foreign goods/services to the government of rsa or soc in response to a public tender, and the necessary steps relative to the national Industrial Participation Project: The procedure can be summarised as follows. Purchaser would now be in a position to award the contract; Tender awarded to obligor by purchaser; nip obligation becomes effective when the purchase contract is awarded; nip contract including milestones is negotiated and concluded; Receipt of 5 performance guarantee from obligor; Obligor submits business. Under what Act did nip originate? The nip programme emanate from a cabinet decision. There is not any legislation or act of parliament regulating the programme other than the cabinet directive issued in 1997. What do we define an investment to be?
These are long-term agreements between government and suppliers and are not linked to any tender - can accommodate multiple tenders. Nip obligations discharged through spas are subject to the provision that accrued nip credits in the spa equal or exceed the obligation. Equally important are the following initiating documents: sbd 5 Form (Commitment to participate in nip). This nip initiating document is included in all tenders issued by government procuring entities and other institutions where it is estimated that the contract value would equal/exceed R10 million. Mou (Confidentiality Agreement) This document is signed by potential obligors, thus undertaking to respect the confidentiality of the discussions and negotiations that transpires between all parties to the agreement. Please explain what is meant by the following paragraph: "Industrial Participation Project must result directly from the purchase contract. The Industrial Participation Proposal would not have been initiated had it not been a condition of the purchase contract and a possible component in the adjudication process. The exception is the Strategic Partnership Agreement (spa. The statement reaffirms the principles of causality, and additionality.
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The penalties are calculated upon signature of the purchase agreement and are derived from the obligation and thus the imported content value as per the purchase contract signed between the purchaser and the seller/contractor. It is usually calculated by the seller/contractor, based upon a written confirmation from the purchaser or calculated from amounts reflected in report the final purchase agreement. How do you define an smme? Smme is defined in the Small Business Act resume 102 of 1996 as a business entity employing a maximum of 100 employees. In the case of enterprises in the mining, electricity and manufacturing sectors, the threshold is 200 employees. Amendments to this Act will accordingly affect the applicable definition of smme. Is it correct to state that there are only two main types of nip agreements, namely Obligation Agreement and Strategic Partnership Agreement?
There are two contractual agreements in nip, the Obligation Agreement and the Strategic Partnership Agreement (SPA). Obligation Agreement, the obligation agreement is conditional upon the ward of the tender, and it is linked to a single tender. This agreement is always supplemented by a performance guarantee to the value of 5 of the nip obligation. A bank guarantee is always preferred over any other form of guarantee. Strategic Partnership Agreement (spa the spa is a proactive agreement allowing potential obligors to initiate nip projects and save accruing nip credits for use in discharging future obligations.
Nip is also applicable to multiple contracts for the same products awarded to one seller over a two-year period, which in total exceeds US10 million. The seller of such goods and services is obliged to submit and implement business projects that generate nip credits equalling or exceeding the value of the obligation. Does sales to sadc qualify for exports credits? Sales to sadc and sacu are regarded as local sales. Does the sbd 5 Form apply to me, as a bidder, and what am I required to do?
In response to government tenders, all bidders are required to complete the sbd 5 form and submit it as part of the tender documents. Failure to submit the sbd 5 form, duly completed and signed, may invalidate the bid. How and by who is the performance of an nip obligation monitored, evaluated, confirmed, and enforced? The project managers within the ips monitor the nip obligation; however, they do depend on the purchaser and seller for confirmation of the obligation values. Compliance to nip is enforced through a cabinet directive. How are penalties calculated/applied and by whom?
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Briefly, how does nip work? Contact the ip secretariat (IPS) at for details, or obtain a copy of the. Can nip decisions regarding the imposition of penalties, or the determination, calculation best or allocation of credits be appealed? The submission of a performance guarantee is compulsory. Imposition of a penalty is normally discussed mattress with the obligor prior to invoking the performance guarantee. Obligors are encouraged to contact the ips regarding queries on the calculation and allocations of nip credits. Does nip apply to local companies? All companies supplying goods and services to government and state-owned companies (soc where the imported content of the purchase, lease contract or purchase order equals to, or exceeds us 10 million, would incur an nip obligation.
The standard format of these agreements is normally accepted by most sellers; however, there are instances where parts of the agreement are negotiated. At what point and by whom must an Industrial Participation Proposal be submitted? The supplier or potential nip resume obligor should submit an nip business concept/proposal prior to awarding of the tender/contract. At what point does an nip obligation arise? Does it arise when a supplier/seller is short listed, awarded a tender, or when an agreement for the supply/sale of goods/services is concluded? The nip obligation arises when the tender is awarded. However, the nip process or negotiations can commence prior to the awarding of a tender.
Participation (NIP) places a statutory obligation on the suppliers of goods and services to government, that have an imported content of 10 million and above, to participate in domestic economic activity, by supporting. The nip obligation is calculated as an equivalent of 30 of the imported portion of the purchase contract. This 30 nip obligation is fulfilled through local economic activities that have the potential to impact positively on the objectives of nip. Nip forms part of the four-tier system of public procurement levers approved by cabinet in December 2012,. Designations in terms of the amended regulations of the pppfa; the competitive supplier development Programme; Direct nip and Indirect nip. Together with these public procurement levers, nip is designed to support the production sectors of the economy, with special emphasis on the value-adding, tradable manufacturing sectors. Question, answer, are these agreements available in pre-formatted standard forms, or are the templates merely indicatory,. Are they merely intended to provide assistance and or a starting point for negotiations between the parties or must a given agreement be concluded strictly to a standard format?
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