Fire extinguisher maintenance services – 36‑month contract 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.

No specific requirements found