Panel of contractors for mechanical repairs, maintenance, and emergency water engine supply

The General Conditions of Contract (GCC) July 2010 forms part of all bid documents and may not be amended. Special Conditions of Contract (SCC) relevant to this bid will supplement the GCC and prevail in case of conflict.

• Collusive bidding or bid rigging is prohibited under the Competition Act No. 89 of 1998.
• Bidders found engaging in restrictive practices may be referred to the Competition Commission for investigation and penalties, including bid invalidation, contract termination, and restriction from public sector business for up to 10 years.
• The purchaser is not liable for bid preparation expenses unless otherwise indicated. A non-refundable document fee may be charged.
• Invitations to bid are published in the Government Tender Bulletin, accessible at www.treasury.gov.za.
• No contract will be concluded with a bidder whose tax matters are not in order. A valid original tax clearance certificate from SARS must be submitted prior to award.

The GCC document does not specify detailed evaluation criteria. General conditions indicate:

• Bidders must be registered legal entities capable of contracting.
• Must have tax matters in order with a valid SARS tax clearance certificate.
• Must not be restricted from doing business with the public sector.
• Must comply with the Competition Act (no collusive bidding).
• Must be able to provide required performance security.
• Must have capacity to perform the required services for the three-year period.

The GCC document does not contain specific technical specifications for this tender. It provides general definitions and standards:

• Goods supplied must conform to the standards mentioned in the bidding documents and specifications.
• The tender is for a panel of contractors to provide mechanical repairs, replacement, service, and maintenance of water engines, generators, modification of engine stands, storage tank stands, sealing of steel storage tanks, concrete/precast storage tanks, construction of pump houses and fencing, and emergency supply of water engines on an as-and-when required basis for a period of three years.

The GCC document does not contain specific quality management requirements.

• Goods supplied shall conform to the standards mentioned in the bidding documents and specifications.
• The supplier must permit the purchaser to inspect supplier records and have them audited by appointed auditors.
• The supplier shall not disclose contract information without prior written consent except for performance purposes.
• Documents other than the contract itself remain the property of the purchaser and shall be returned on completion if required.

Payment terms:

• The purchaser shall pay the supplier within thirty (30) days after submission of an invoice or claim.
• Payment will be made in Rand unless otherwise stipulated in SCC.
• Prices charged by the supplier shall not vary from bid prices except for adjustments authorized in SCC or in the purchaser's request for bid validity extension.

Performance security:

• Within thirty (30) days of notification of contract award, the successful bidder must furnish performance security in the amount specified in SCC.
• Performance security may be in the form of a bank guarantee, irrevocable letter of credit, or cashier's/certified cheque.
• Performance security is returned within thirty (30) days of completion of obligations including warranty obligations.

Insurance:

• Goods supplied shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture, acquisition, transportation, storage, and delivery.
• Foreign suppliers are responsible for all taxes and levies imposed outside South Africa.
• Local suppliers are responsible for all taxes, duties, and license fees until delivery.

Tax compliance:

• No contract shall be concluded with any bidder whose tax matters are not in order.
• A valid original tax clearance certificate from SARS must be submitted prior to award.

Anti-dumping and countervailing duties:

• The State is not liable for provisional payments or anti-dumping/countervailing duties imposed after the bid date.

Force majeure:

• The supplier shall not be liable for forfeiture of performance security, damages, or termination for default if delay results from force majeure events beyond control, not involving fault or negligence, and not foreseeable.

Termination for default:

• The purchaser may terminate if the supplier fails to deliver within specified periods, fails to perform other obligations, or engages in corrupt or fraudulent practices.

Restrictive practices:

• Collusive bidding is prohibited. Bidders found guilty may be restricted from doing business with the public sector for up to 10 years and may be listed on the Register for Tender Defaulters.

National Industrial Participation Programme (NIPP) may apply to contracts subject to NIP obligations.

The GCC document does not contain specific B-BBEE requirements.

• It references the National Industrial Participation Programme (NIPP) administered by the Department of Trade and Industry as potentially applicable to contracts subject to NIP obligations.

The GCC document does not contain specific health and safety requirements.

• Force majeure is defined to include events such as wars, revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.
• The supplier must notify the purchaser promptly of force majeure conditions and continue performance as far as reasonably practical.

Contract duration and amendments:

• No variation or modification of contract terms shall be made except by written amendment signed by the parties.

Assignment:

• The supplier shall not assign obligations without the purchaser's prior written consent.

Subcontracts:

• The supplier must notify the purchaser in writing of all subcontracts awarded.

Delays in performance:

• Delivery must be in accordance with the time schedule prescribed.
• The supplier must promptly notify the purchaser of any delay, its likely duration, and cause.
• The purchaser may extend time for performance with or without penalties.

Penalties:

• If the supplier fails to deliver within specified periods, the purchaser may deduct penalties calculated using the current prime interest rate for each day of delay.

Termination for default:

• The purchaser may terminate the contract if the supplier fails to deliver, fails to perform obligations, or engages in corrupt or fraudulent practices.
• Upon termination, the purchaser may procure substitute goods and hold the supplier liable for excess costs.
• Restriction penalties may be imposed prohibiting the supplier from public sector business for up to 10 years.

Termination for insolvency:

• The purchaser may terminate if the supplier becomes bankrupt or insolvent.

Settlement of disputes:

• Parties must attempt to resolve disputes by mutual consultation.
• If unresolved after 30 days, either party may give notice of intention to mediate.
• If mediation fails, disputes may be settled in South African courts.

Limitation of liability:

• The supplier shall not be liable for indirect or consequential loss, loss of use, production, profits, or interest costs.
• Aggregate liability shall not exceed the total contract price, except for repairing or replacing defective equipment.

Governing language:

• The contract shall be written in English.

Applicable law:

• The contract shall be interpreted in accordance with South African laws unless otherwise specified in SCC.

Notices:

• Written acceptance of bids shall be posted by registered or certified mail.
• Time for performing acts after notice shall be reckoned from the date of posting.

The GCC forms part of all bid documents and may not be amended.

• Special Conditions of Contract (SCC) relevant to this bid shall supplement the GCC. In case of conflict, SCC provisions shall prevail.
• Collusive bidding is prohibited under the Competition Act No. 89 of 1998.
• Bidders engaging in restrictive practices may face investigation by the Competition Commission and administrative penalties, bid invalidation, contract termination, restriction from public sector business for up to 10 years, and/or damages claims.

The GCC document does not contain specific evaluation criteria. It references that the purchaser may purchase substitute supplies of similar quality if the supplier delays delivery, and may claim damages from the supplier.