15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they
incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants
that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design
and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal
use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered
to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or
place of loading in the source country, whichever period concludes earlier, unless specified otherwise.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair or replace the defective
goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take such
remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser
may have against the supplier under the contract.
- Payment
16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other
obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by
the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated.
- Prices
17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the
supplier in his bid, with the exception of any price adjustments authorized or in the purchaser’s request for bid validity extension, as the
case may be.
- Variation orders
18.1 In cases where the estimated value of the envisaged changes in purchase does not vary more than 15% of the total value of the original
contract, the contractor may be instructed to deliver the goods or render the services as such. In cases of measurable quantities, the
contractor may be approached to reduce the unit price, and such offers may be accepted provided that there is no escalation in price.
- Assignment
19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written
consent.
- Subcontracts
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the bid. Such
notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.
- Delays in the supplier’s performance
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the
purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely
delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and
may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension
shall be ratified by the parties by amendment of contract.
21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency
arises, the supplier’s point of supply is not situated at or near the place where the goods are required, or the supplier’s services are not
readily available.
21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier
liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 22.2
without the application of penalties.
21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be
entitled to purchase goods of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with
the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as
may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.
- Penalties
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in
the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a
penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate
calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract
pursuant to GCC Clause 23.
- Termination for default
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof
granted by the purchaser pursuant to GCC Clause 21.2; (b) if the supplier fails to perform any other obligation(s) under the contract; or (c)
if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the
contract.
23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner,
as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any
excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not
terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the
supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.
23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a time
period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier
fail to respond within the stipulated fourteen (14) days the purchaser may regard the supplier as having no objection and proceed with
the restriction?
23.5 Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be applicable to any other enterprise
or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise
of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the purchaser
actively associated.
23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the
following information:
(i) The name and address of the supplier and / or person restricted by the purchaser;
(ii) The date of commencement of the restriction
(iii) The period of restriction; and
(iv) The reasons for the restriction. These details will be loaded in the National Treasury’s central database of suppliers or persons
prohibited from doing business with the public sector.
23.7. If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt
Activities Act, No. , the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When
a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period
not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and each
case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be
perused on the National Treasury website
- Antidumping and countervailing duties and rights
24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are imposed, or the amount of a
provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not
liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional
payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional
payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to the purchaser
or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to goods or
services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount
which may be due to him.
- Force Majeure
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security,
damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under
the contract is the result of an event of force majeure. 25.2 If a force majeure situation arises, the supplier shall promptly notify the
purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall
continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the force majeure event.
- Termination for insolvency
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser.
- Settlement of Disputes
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the
contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the
purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this
matter may be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.
27.4 Notwithstanding any reference to mediation and/or court proceedings herein, (a) the parties shall continue to perform their respective
obligations under the contract unless they otherwise agree; and
(b) The purchaser shall pay the supplier any monies due the supplier for goods delivered and / or services rendered according to the
prescripts of the contract.
- Limitation of Liability
28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the supplier
shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use,
loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay
penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser, whether under the contract,
in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or
replacing defective equipment.
- Governing language
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the
parties shall also be written in English.
- Applicable law
30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified.
- Notices
31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice to him
shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall
be deemed to be proper service of such notice.
31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be reckoned from
the date of posting of such notice.
- Taxes and duties
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the
purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the
purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have certified
that the tax matters of the preferred bidder are in order.
32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears.
- Transfer of contracts
33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof without the written permission of the
purchaser
- Amendment of contracts
34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force
unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement
that the agreement to amend or vary shall be in writing, shall also be in writing.
- Prohibition of restrictive practices
35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement between, or concerted practice by,
firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is / are or
a contractor(s) was / were involved in collusive bidding.
35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the restrictive
practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition
of administrative penalties as contemplated in section 59 of the Competition Act No 89 0f 1998. 35.3 If a bidder(s) or contractor(s) has /
have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and
without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in
whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding
ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.
Section 2. Checklist of documents to be submitted:
Please tick in the relevant block below
Yes NO
Copy of valid Tax pin certificate.
Latest Municipal Account or Valid Lease agreement
Copy of your CIPRO company registration documents listing all members with percentages, in case
of a CC.
Copies of all share certificates (i.e. copy with original stamp), in case of a company.
Shareholding breakdown per race, gender and percentage shareholding with shareholders of the
bidding company who are not individuals.
Declaration of interest
BEE rating certificate issued by a SANAS Accredited BEE verification agency
Copies of the vehicle registration certificates for the vehicle(s) proposed to provide the service.
Valid roadworthy certificates for the vehicle(s) proposed.
Valid operating license(s), where applicable.
Valid Driver licence(s) and Professional Driving Permit(s) (PDP).
At least one (1) contactable references for similar transport services provided within the past three
(3) years.
Please ensure that the following documents are completed:
Yes NO
Completed Bid Conditions
Completed Due Diligence (SBD forms)
Completed Price Schedule with detailed breakdown
Kindly take note that:
- Should all of these documents not be included, the bidder may be disqualified on the basis of non-
compliance.
- The same documents must be submitted for all other companies that are involved in bid in case of a
consortium.
Signed Name in Print
Capacity Date
Sbd 1
Section 3. Invitation to bid:
Bid number: RFQ bb 49/2026 closing date: monday, 31 august 2026 closing time: 11:00
The appointment of a service provider for the provision of transport services to
Description south cape tvet college.
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)/EMAIL: [email protected]
South cape tvet college central office building
Ground floor
125 mitchell street
George
Bidding procedure enquiries may be directed to
Contact person barryline botha contact person david demas
Telephone
Number 044 884 0359 telephone number 044 884 0359
Facsimile number n/a facsimile number n/a
[email protected]
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS .za
Supplier information
Name of bidder
Postal address
Street address
Telephone
Number code number
Cellphone
Number
Facsimile number code number
E-mail address
VAT reg. Number
Supplier tax
Compliance complian
Status ce or central
System supplier
PIN: DATABASE No: MAAA
B-bbee status tick applicable box] b-bbee status level sworn [tick applicable box]
LEVEL Yes No AFFIDAVIT Yes No
Verification
-
Sbd 8: declaration of bidder’s past supply chain management practices 25
-
Sbd 9: certificate of independent bid determination 27
-
Declaration & commisioner of oaths 30
1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.
1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed
by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual
obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the
procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its
products internationally.
1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are
produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new
product results that is substantially different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in
compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the goods are so
delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country
of origin and which have the potential to harm the local industries in the RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not
foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to
the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.
1.14 “GCC” means the General Conditions of Contract.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under
the contract.
1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been
or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight
and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South
will be manufactured.
1.17 “Local content” means that portion of the bidding price, which is not included in the imported content provided that local manufacture
does take place.
1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other
related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in bidding documents.
1.21 “Purchaser” means the organization purchasing the goods.
1.22 “Republic” means the Republic of South Africa.
1.23 “SCC” means the Special Conditions of Contract.
1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services,
such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such
obligations of the supplier covered under the contract.
1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to
the State.
1.26 “Tort” means in breach of contract.
1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and
delivers the full end product / service required by the contract.
1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing.
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights
arising from use of the goods or any part thereof by the purchaser.
6.2 When a supplier developed documentation / projects for the college, the intellectual, copy and patent rights or ownership of such
documents or projects will vest in the college.
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the
performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s
failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the
purchaser and shall be in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank
located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another
form acceptable to the purchaser; or (b) a cashier’s or certified cheque.
7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the
date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise
specified.
goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such
goods as may be necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the
conditions thereof, or to act in terms of Clause 22 of GCC.
13.1 The supplier may be required to provide any or all of the following services, including additional services, if any:
(a) Performance or supervision of on-site assembly and/or commissioning of the supplied goods;
(b) Furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided
that this service shall not relieve the supplier of any warranty obligations under this contract; and
(e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or
repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance
by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.
14.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to
spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of
any warranty obligations under the contract; and; (b) in the event of termination of production of the spare parts: (i) advance notification
to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and (ii)
following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if
requested.
- Warranty
15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they
incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants
that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design
and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal
use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered
to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or
place of loading in the source country, whichever period concludes earlier, unless specified otherwise.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair or replace the defective
goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take such
remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser
may have against the supplier under the contract.
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the bid. Such
notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.
- Delays in the supplier’s performance
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the
purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely
delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and
may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension
shall be ratified by the parties by amendment of contract.
21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency
arises, the supplier’s point of supply is not situated at or near the place where the goods are required, or the supplier’s services are not
readily available.
21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier
liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 22.2
without the application of penalties.
21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be
entitled to purchase goods of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with
the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as
may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in
the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a
penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate
calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract
pursuant to GCC Clause 23.
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof
granted by the purchaser pursuant to GCC Clause 21.2; (b) if the supplier fails to perform any other obligation(s) under the contract; or (c)
if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the
contract.
23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner,
as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any
excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not
terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the
supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.
23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a time
period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier
fail to respond within the stipulated fourteen (14) days the purchaser may regard the supplier as having no objection and proceed with
the restriction?
23.5 Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be applicable to any other enterprise
or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise
of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the purchaser
actively associated.
23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the
following information:
(i) The name and address of the supplier and / or person restricted by the purchaser;
(ii) The date of commencement of the restriction
(iii) The period of restriction; and
(iv) The reasons for the restriction. These details will be loaded in the National Treasury’s central database of suppliers or persons
prohibited from doing business with the public sector.
23.7. If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt
Activities Act, No. , the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When
a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period
not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and each
case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be
perused on the National Treasury website
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security,
damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under
the contract is the result of an event of force majeure. 25.2 If a force majeure situation arises, the supplier shall promptly notify the
purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall
continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the force majeure event.
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser.
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the
contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the
purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this
matter may be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.
27.4 Notwithstanding any reference to mediation and/or court proceedings herein, (a) the parties shall continue to perform their respective
obligations under the contract unless they otherwise agree; and
(b) The purchaser shall pay the supplier any monies due the supplier for goods delivered and / or services rendered according to the
prescripts of the contract.
28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the supplier
shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use,
loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay
penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser, whether under the contract,
in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or
replacing defective equipment.
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;
(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: ...............................................................
...............................................................
...............................................................
...............................................................
Sbd 8
Section 8:
Declaration of bidder’s past supply chain management practices
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: