One‑off fumigation services for south african state theatre

In order to give effect to your commercial relationship with the SAST as an employee, client or supplier SAST

needs to process your Personal Information which Personal Information will be used for a number of

legitimate purposes, including, inter-alia;

• Compliance with governing laws, corporate governance codes, and applicable policies.

• Entering into a contract.

• Where required by law, to disclose your information.

• To communicate with you and attend to your enquiries and requests.

• When necessary or required, to provide you with information about SAST.

• In order to compile statistics and other analytical information.

• Performing internal processes, such as to make payments.

• To mitigate risk to SAST and eliminate fraud occurrences.

You, the Data Subject, agrees that SAST may use all the Personal Information which you, the Data Subject,

provides to SAST which SAST requires to give effect to your commercial relationship with the SAST.

SAST in turn undertakes that it will only use your, the Data Subject’s, Personal Information for the

aforementioned purposes and for no other purposes, unless with your, the Data Subject’s, prior permission.

3. Withholding Consent or Withholding Personal Information

Should you, the Data Subject, refuse to provide SAST with your Personal Information which is required by

SAST for the purposes indicated above, and the required consent to process the aforementioned Personal

Information then SAST will be unable to engage with you, the Data Subject, or enter into any agreement or

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relationship with you, the Data Subject. However, the Data Subject is required to provide the information

voluntarily and understands that same is mandatory as described above.

4. Use, Storage, Retention and Destruction of Personal Information

Your, the Data Subject’s, Personal Information may be processed on individual computers and stored

electronically in a centralised data base, which, for operational reasons, will be accessible to all within SAST

on a need to know and business basis, save that where appropriate, some of your, the Data Subject’s,

Personal Information may be retained in hard copy. All Personal Information which you, the Data Subject,

provide to SAST will be held and/or stored securely. In this regard SAST undertakes to conduct regular audits

regarding the safety and the security of your, the Data Subject’s, Personal Information. Once your, the

Data Subject’s, Personal Information is no longer required due to the fact that the purpose for which the

Personal Information was held has come to an end and expired, such Personal Information will be safely

and securely archived as per the requirements of any law applicable in South Africa. SAST thereafter will

ensure that such Personal Information is permanently destroyed.

5. Disclosure and Cross Border Transfer

SAST may from time to time have to disclose your, the Data Subject’s, Personal Information to other parties

but such disclosure will always be subject to an agreement which will be concluded between SAST and the

party to whom it is disclosing your, the Data Subject’s, Personal Information to, which contractually obliges

the recipient of your Personal Information to comply with strict confidentiality and data security conditions.

Where Personal Information and related data is transferred to a country outside the borders of South Africa,

your, the Data Subject’s, Personal Information will only be transferred to those countries which have similar

data privacy laws in place or where the recipient of the Personal Information is bound contractually to a

no lesser set of obligations than those imposed by POPIA.

6. Objections and Complaints

You, the Data Subject, are encouraged to make immediate contact with the SAST Information Officer at

any time if you are not comfortable or satisfied with the manner in which SAST is processing your, the Data

Subject’s, Personal Information. On receipt of your, the Data Subject’s, objection SAST will place a hold on

any further processing until the cause of the objection has been resolved. If you, the Data Subject, are not

satisfied with such process, you, the Data Subject, has the right to lodge a complaint with the Information

Regulator. Furthermore, you the Data Subject, have the right to request SAST to destroy all records of your

personal information.

7. Quality and Responsibility of Personal Information

POPIA requires that all your, the Data Subject’s, Personal Information and related details, as supplied by

you, the Data Subject, are complete, accurate and up-to-date. Whilst SAST will always use its best

endeavours to ensure that your, the Data Subject’s, Personal Information is reliable, it is your, the Data

Subject’s, responsibility to provide accurate and truthful information and further to advise SAST of any

changes to your, the Data Subject’s, Personal Information, as and when these may occur.

8. Data Subject’s Right to Access Personal Information

You, the Data Subject has the right at any time to ask SAST to provide you, the Data Subject, with details of

the Personal Information which SAST holds on your, the Data Subject’s, behalf; and/or the purpose for

which it has been used provided that such request is made using the SAST PAIA process, which procedure

can be accessed by downloading and completing the standard request for information form, housed

under the SAST’s PAIA Manual which can be found on the SAST website at www.statetheatre.co.za

9. SAST’s Right to Amend

SAST reserves the right to amend this Informed Consent Notice from time to time. You, the Data Subject are

requested to please check the SAST website periodically to inform yourself, the Data Subject, of any

changes.

10. Successors in Title

The rights and obligations of the parties under this Informed Consent Notice will be binding on, and will be

of benefit to, each of the parties’ successors in title and/or assigns where applicable, i.e. in the case of a

sale or transfer of business by the Data Subject to another.

11. Declaration and Informed Consent

I, the Data Subject, confirm that my, the Data Subject’s, Personal Information, provided is accurate, up-to-

date, not misleading and is complete in all respects, save where same may change and then in such an

event, I, the Data Subject, undertake to advise SAST or its Operator(s)1 of these changes. I, the Data

Subject, in providing the required Personal Information to SAST and/or to its Operator, consent and give

SAST permission to process and further process (where necessary and strictly directly related to the initial

1 “Operator” means a natural person or a juristic person who processes your, a Data Subject’s, Personal Information on behalf of SAST in terms of a contract or mandate, without coming

under the direct authority of SAST; SAST will, in order to pursue and protect its legitimate interests and in many cases to protect you, the Data Subject, will under a written contract ask

Operators to process certain categories of your, the Data Subject’s, Personal Information on its behalf including without detracting from the generality thereof, advertising agencies, research

companies, PR agencies, Relevant Industry Associations, Payroll service providers, Core Benefits Providers, Medical Aid/Cover providers, Retirement Funding Providers, Auditors, Legal

Practitioners, and Government and Provincial Departments.

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processing) my, the Data Subject’s, Personal Information as and where required and acknowledge that I,

the Data Subject, understand the purposes for which the Personal Information is required and for which it

will be used. Furthermore, should any of the Personal Information which has been provided by myself

concern or pertain to a legal entity whom I represent, I confirm that I have the necessary authority to act

on behalf of such legal entity, Data Subject, and that I have the right to provide the Personal Information

and/or the required consent to use said Personal Information, on behalf of the aforementioned legal entity.

Furthermore, should any of the Personal Information belong to any of my dependants and/or beneficiaries

who are underage2, I in my capacity as their legal guardian and competent person give SAST the

appropriate permission to process their Personal Information for the purposes for which these details were

given. Furthermore, I hereby consent to being contacted by SAST, electronically or otherwise, in order to

fulfil the commercial relationship between myself, the Data Subject and SAST.

12. SAST Information Officer

SAST Information Officer

Dr Sibongiseni Mkhize [email protected]

Chief Executive Officer 012 392 4000 / 4283

SAST Deputy Information Officer

Shiraz Ahmed [email protected]

Senior Manager: Performance Information 012 392 4000

CONSENT DECLARATION

The Data Subject, by signing this document, hereby consents to the use of the Data Subject’s personal

information submitted to SAST and confirms that:

• the information is supplied voluntarily, without undue influence from any party and not under any

duress; and

• the information which is supplied is mandatory for the purposes of entering into a commercial

agreement and that without such information, SAST may not enter into the agreement with the Data

Subject.

The Data Subject acknowledges that the Data Subject is aware of the following rights with regard to such

personal information which is submitted to SAST. The right to:

• access the information at any reasonable time for purposes of rectification thereof;

• object to the processing of the information in which case the commercial agreement may be

terminated; and

• lodge a complaint to the Information Regulator.

Thus signed on this _______ day of _________________________ 20 ___ in the presence of the undersigned

witnesses:

I, _______________________________ (full names of Data Subject), ID Number _______________________, on

behalf of ________________________ (state legal entity if applicable), Company Registration Number

________________________, hereby Give My Consent.

____________________________ Witness (1): _____________________

Signature (Data Subject) Full Name: ________________________

Witness (2): _____________________

Full Name: ________________________

2 “underage” means a child (natural person) under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of

any matter concerning him-or herself; SAST will from time to time have to process Personal Information of a child who may belong to you, a Data Subject, for amongst other reasons

employment and benefit related purposes, which use will require the competent person’s consent.

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Annexure A

GOVERNMENT PROCUREMENT

GENERAL CONDITIONS OF CONTRACT

NOTES

The purpose of this document is to:

(i) Draw special attention to certain general conditions

applicable to government bids, contracts and orders; and

(ii) To ensure that clients be familiar with regard to the rights

and obligations of all parties involved in doing business

with government.

In this document words in the singular also mean in the plural

and vice versa and words in the masculine also mean in the

feminine and neuter.

• The General Conditions of Contract will form part of

all bid documents and may not be amended.

• Special Conditions of Contract (SCC) relevant to a specific

bid, should be compiled separately for every bid (if

(applicable) and will supplement the General Conditions

of Contract. Whenever there is a conflict, the provisions

in the SCC shall prevail.

TABLE OF CLAUSES

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information; inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

14. Spare parts

15. Warranty

16. Payment

17. Prices

18. Contract amendments

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

General Conditions of Contract

1. Definitions 1. The following terms shall be interpreted as indicated:

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 any thing 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 supplies 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 African place of

entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid 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 “Written” or “in writing” means handwritten in ink or any form of

electronic or mechanical writing.

2. Application 2.1 These general conditions are applicable to all bids, contracts and orders

including bids for functional and professional services, sales, hiring,

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

2.2 Where applicable, special conditions of contract are also laid down to

cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these

general conditions, the special conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser

shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for

documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the

Government Tender Bulletin. The Government Tender Bulletin may be

obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the

bidding documents and specifications.

5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,

contract disclose the contract, or any provision thereof, or any specification,

documents plan, drawing, pattern, sample, or information furnished by or on

and behalf of the purchaser in connection therewith, to any person other

information; than a person employed by the supplier in the performance of the

inspection.

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent,

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause

5.1 shall remain the property of the purchaser and shall be returned (all

copies) to the purchaser on completion of the supplier’s performance

under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records

relating to the performance of the supplier and to have them audited by

auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights 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.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

security 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 in SCC.

8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.

tests and

analyses 8.2 If it is a bid condition that supplies to be produced or services to be

rendered should at any stage during production or execution or on

completion be subject to inspection, the premises of the bidder or

contractor shall be open, at all reasonable hours, for inspection by a

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3

show the supplies to be in accordance with the contract requirements,

the cost of the inspections, tests and analyses shall be defrayed by the

purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not

comply with the contract requirements, irrespective of whether such

supplies or services are accepted or not, the cost in connection with

these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and

which do not comply with the contract requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or

analyzed and may be rejected if found not to comply with the

requirements of the contract. Such rejected supplies shall be held at the

cost and risk of the supplier who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

Failing such removal the rejected supplies shall be returned at the

suppliers cost and risk. Should the supplier fail to provide the

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

purchase such supplies 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 23 of GCC.

9. Packing 9.1 The supplier shall provide such packing of the goods as is required to

prevent their damage or deterioration during transit to their final

destination, as indicated in the contract. The packing shall be

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packing, case size and weights shall

take into consideration, where appropriate, the remoteness of the

goods’ final destination and the absence of heavy handling facilities at

all points in transit.

9.2 The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

requirements, if any, specified in SCC, and in any subsequent

instructions ordered by the purchaser.

10. Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with

and documents the terms specified in the contract. The details of shipping and/or other

documents to be furnished by the supplier are specified in SCC.

10.2 Documents to be submitted by the supplier are specified in SCC.

11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely

convertible currency against loss or damage incidental to manufacture

or acquisition, transportation, storage and delivery in the manner

specified in the SCC.

12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required,

this shall be specified in the SCC.

13. Incidental 13.1 The supplier may be required to provide any or all of the following

services services, including additional services, if any, specified in SCC:

(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. Spare parts 14.1 As specified in SCC, 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.

15. 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 in SCC.

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 in SCC 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 in SCC, 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.

16. Payment 16.1 The method and conditions of payment to be made to the supplier

under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment 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 in SCC.

17. 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 in SCC or in the purchaser’s request for bid validity

extension, as the case may be.

18. Contract 18.1 No variation in or modification of the terms of the contract shall be

amendments made except by written amendment signed by the parties concerned.

19. 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.

20. 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.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be made by

supplier’s the supplier in accordance with the time schedule prescribed by the

performance 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 No provision in a contract shall be deemed to prohibit the obtaining of

supplies or services from a national department, provincial department,

or a local authority.

21.4 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

supplies are required, or the supplier’s services are not readily

available.

No specific requirements found