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SECTION HEADING GOES HERE

1. Definitions

1. The following terms shall be interpreted as indicated:

1.1

“Acceptable bid” means any bid, which, in all respects, complies with the specifications and conditions of the bid as set out in the bid document.

1.2

“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, works or services.

1.3

“Black enterprise” means an enterprise that is 50,1% owned by black persons and where there is substantial management control. Ownership refers to economic interest while management refers to the membership of any board or similar governing body of the enterprise.

1.4

“Black empowered enterprise” means an enterprise that is at least 25,1% owned by black persons and where there is substantial management control. Ownership refers to economic interests. Management refers to executive directors. This is whether the black enterprise has control or not.

1.5

“Black people” includes all African, Coloured or Indian persons who are South African citizens by birth or by descent or who were naturalised prior to the commencement of the constitution in 1993. In addition, the term also includes black people who became South African citizens after the constitution’s commencement but who would have been able to be naturalised prior to this, were it not for the Apartheid laws which prohibited naturalisation of certain persons. This means that an African, Coloured or Indian person who was not a South African citizen before the commencement of the constitution in 1993 but who would have been entitled to apply to be naturalised prior to 1993, will also be considered a black person and therefore a beneficiary of BEE.

1.6

“Black woman-owned enterprise” means an enterprise with at least 25,1% representation of black women within the black equity and management portion.

1.7

“Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.8

“Comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilised have been taken into consideration.

1.9

“Community or broad-based enterprise” means an enterprise that has an empowerment shareholder who represents a broad base of members such as a local community or where the benefits support a target group, for example black women, people living with disabilities, the youth and

Procurement of Catering Services forTaking Parliament to the People: T9/2/2010

INITIAL: _____________

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