Without prejudice to any other rights of PRASA under these conditions, the Supplier warrants that the
items are in accordance with PRASA’s requirements, and fit for the purpose for which they are intended,
and will remain free from defects for a period of one year (unless another period is stated in the Order)
from acceptance of the items by PRASA.
The Supplier indemnifies PRASA against all actions, suits, claims, demands, costs, charges and
expenses arising in connection therewith arising from the negligence, infringement of intellectual or legal
rights or breach of statutory duty of the Supplier, his subcontractors, agents or servants, or from the
Supplier’s defective design, materials or workmanship.
The Supplier indemnifies PRASA against claims, proceedings, compensation and costs payable arising
out of infringement by the Supplier of the rights of others, except an infringement which arose out of the
use by the Supplier of things provided by PRASA.
Assignment and sub-contracting
The successful Respondent awarded the contract may only enter into a subcontracting arrangement
with PRASA’s prior approval. The contract will be concluded between the successful Respondent and
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PRASA, therefore, the successful Respondent and not the sub-contractor will be held liable for
performance in terms of its contractual obligations.
Governing law
The order/contract is governed by the law of the Republic of South Africa and the parties hereby submit
to the non-exclusive jurisdiction of the South African courts.
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Section 6 sbd4
Bidder’s disclosure
- Purpose of the form
Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid. In line
with the principles of transparency, accountability, impartiality, and ethics as enshrined in the
Constitution of the Republic of South Africa and further expressed in various pieces of legislation,
it is required for the bidder to make this declaration in respect of the details required hereunder.
Where a person/s are listed in the Register for Tender Defaulters and / or the List of Restricted
Suppliers, that person will automatically be disqualified from the bid process.
- Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person
having a controlling interest1 in the enterprise,
employed by the state? YES/NO
2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if applicable, state
employee numbers of sole proprietor/ directors / trustees / shareholders / members/ partners or any
person having a controlling interest in the enterprise, in table below.
Full Name Identity Number Name of State
institution
2.2 Do you, or any person connected with the bidder, have a relationship with any person who is
employed by the procuring institution? YES/NO
2.2.1 If so, furnish particulars:
................................................................................................
................................................................................................
1 the power, by one person or a group of persons holding the majority of the equity of an enterprise,
alternatively, the person/s having the deciding vote or power to influence or to direct the course and decisions
of the enterprise.
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2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or any person
having a controlling interest in the enterprise have any interest in any other related enterprise
whether or not they are bidding for this contract? YES/NO
2.3.1 If so, furnish particulars:
........................................................................................
........................................................................................
expenses arising in connection therewith arising from the negligence, infringement of intellectual or legal
rights or breach of statutory duty of the Supplier, his subcontractors, agents or servants, or from the
Supplier’s defective design, materials or workmanship.
4.3. Name of company/firm...............................................................................
4.4. Company registration number: .....................................................................
4.5. Type of company/ firm
Partnership/Joint Venture / Consortium
One-person business/sole propriety
Close corporation
Public Company
Personal Liability Company
(Pty) Limited
Non-Profit Company
State Owned Company
[Tick applicable box]
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the specific goals as advised in the tender, qualifies the company/
firm for the preference(s) shown and I acknowledge that:
i) The information furnished is true and correct;
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 4.2, the contractor may be required to furnish documentary proof to the
satisfaction of the organ of state that the claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the
conditions of contract have not been fulfilled, the organ of state may, in addition to any other
remedy it may have –
(a) disqualify the person from the tendering process;
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(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 tenderer or contractor, its shareholders and directors,
or only the shareholders and directors who acted on a fraudulent basis, be
restricted 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, if deemed necessary.
..............................................
Signature(s) of tenderer(s)
Surname and name: ................................................................
Date: ...............................................................
Address: ...............................................................