Supply, delivery, installation, and maintenance of spirometry machine with dlco for dr pixley ka seme memorial hospital

Participation Secretariat (IPS) of the Department of Trade and Industry (DTI) is charged with the responsibility of administering the

programme.

1. PILLARS OF THE PROGRAMME

1.1. The NIP obligation is benchmarked on the imported content of the contract. Any contract having an imported content equal to

or exceeding US$ 10 million or other currency equivalent to US$ 10 million will have a NIP obligation. This threshold of US$ 10

million can be reached as follows:

(a) Any single contract with imported content exceeding US$10 million.

Or

(b) Multiple contracts for the same goods, works or services each with imported content exceeding US$3 million awarded

to one seller over a 2-year period which in total exceeds US$10 million.

Or

(c) A contract with a renewable option clause, where should the option be exercised the total value of the imported content

will exceed US$10 million.

Or

(d) Multiple suppliers of the same goods, works or services under the same contract, where the value of the imported content

of each allocation is equal to or exceeds US$ 3 million worth of goods, works or services to the same government

institution, which in total over a two (2) year period exceeds US$10 million.

1.2. The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1 (a) to 1.1 (c) above will amount to 30 % of the

imported content whilst suppliers in respect of paragraph 1.1 (d) shall incur 30% of the total NIP obligation on a pro-rata basis.

1.3. To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as investments, joint ventures, sub-

contracting, licensee production, export promotion, sourcing arrangements and research and development (R&D) with partners

or suppliers.

1.4. A period of seven years has been identified as the time frame within which to discharge the obligation

2. REQUIREMENTS OF THE DEPARTMENT OF TRADE AND INDUSTRY

2.1. In order to ensure effective implementation of the programme, successful bidders (contractors) are required to, immediately

after the award of a contract that is in excess of R10 million (ten million Rands), submit details of such a contract to the DTI for

reporting purposes.

2.2. The purpose for reporting details of contracts in excess of the amount of R10 million (ten million Rands) is to cater for multiple

contracts for the same goods, works or services; renewable contracts and multiple suppliers for the same goods, works or

services under the same contract as provided for in paragraphs 1.1. (b) to 1.1. (d) above.

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SBD 6.1

3. BID SUBMISSION AND CONTRACT REPORTING REQUIREMENTS OF BIDDERS AND SUCCESSFUL BIDDERS

(CONTRACTORS)

3.1. Bidders are required to sign and submit this Standard Bidding Document (SBD 5) together with the bid on the closing date

and time.

3.2. In order to accommodate multiple contracts for the same goods, works or services; renewable contracts and multiple

suppliers for the same goods, works or services under the same contract as indicated in sub-paragraphs 1.1 (b) to 1.1 (d)

above and to enable the DTI in determining the NIP obligation, successful bidders (contractors) are required, immediately

after being officially notified about any successful bid with a value in excess of R10 million (ten million Rands), to contact and

furnish the DTI with the following information:

 Bid / contract number.

 Description of the goods, works or services.

 Date on which the contract was accepted.

 Name, address and contact details of the government institution.

 Value of the contract.

 Imported content of the contract, if possible.

3.3. The information required in paragraph 3.2 above must be sent to the Department of Trade and Industry, Private Bag X 84,

Pretoria, 0001 for the attention of Mr Elias Malapane within five (5) working days after award of the contract. Mr Malapane may

be contacted on telephone (012) 394 1401, facsimile (012) 394 2401 or e-mail at [email protected] for further details about

the programme.

4. PROCESS TO SATISFY THE NIP OBLIGATION

4.1. Once the successful bidder (contractor) has made contact with and furnished the DTI with the information required, the following

steps will be followed:

(a) the contractor and the DTI will determine the NIP obligation;

(b) the contractor and the DTI will sign the NIP obligation agreement;

(c) the contractor will submit a performance guarantee to the DTI;

(d) the contractor will submit a business concept for consideration and approval by the DTI;

(e) upon approval of the business concept by the DTI, the contractor will submit detailed business plans outlining the business

concepts;

(f) the contractor will implement the business plans; and

(g) the contractor will submit bi-annual progress reports on approved plans to the DTI.

4.2. The NIP obligation agreement is between the DTI and the successful bidder (contractor) and, therefore, does not involve the

purchasing institution.

Bid number: ZNB 9049/2025-H Closing date: 26/02/2026

Name of bidder.......................................................................................

Postal address .......................................................................................

.......................................................................................

Signature..................................... Name (in print) ....................................

Date...................................................

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SECTION G

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2022:

This preference form must form part of all Bids invited. It contains general information and serves as a claim form for preference

points for specific goals.

NB: BEFORE COMPLETING THIS FORM, BIDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND

DIRECTIVES APPLICABLE IN RESPECT OF THE BID AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022

1. GENERAL CONDITIONS

1.1. The following preference point systems are applicable to invitations to Bid:

1.2. the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included

1.3. To be completed by the organ of state

(a) The applicable preference point system for this Bid is the 80/20 or 90/10 preference point system.

(b) The 80/20 preference point system will be applicable in this Bid. The lowest/ highest acceptable Bid will be used to

determine the accurate system once Bids are received.

1.4. Points for this Bid (even in the case of a Bid for income-generating contracts) shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.5. To be completed by the organ of state:

The maximum points for this Bid are allocated as follows:

POINTS POINTS

PRICE 80 OR 90

SPECIFIC GOALS 20 10

Total points for Price and SPECIFIC GOALS 100 100

1.6. Failure on the part of a Bidder to submit proof or documentation required in terms of this Bid to claim points for specific goals

with the Bid, will be interpreted to mean that preference points for specific goals are not claimed.

1.7. The organ of state reserves the right to require of a Bidder, either before a Bid is adjudicated or at any time subsequently, to

substantiate any claim in regard to preferences, in any manner required by the organ of state.

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2. DEFINITIONS

(a) “Bid” means a written offer in the form determined by an organ of state in response to an invitation to provide goods or

services through price quotations, competitive Bidding process or any other method envisaged in legislation;

(b) “price” means an amount of money Bided for goods or services, and includes all applicable taxes less all

unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes

all applicable taxes;

(d) “Bid for income-generating contracts” means a written offer in the form determined by an organ of state in response

to an invitation for the origination of income-generating contracts through any method envisaged in legislation that will

result in a legal agreement between the organ of state and a third party that produces revenue for the organ of state, and

includes, but is not limited to, leasing and disposal of assets and concession contracts, excluding direct sales and disposal

of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1. THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmin

Ps= 80(1− ) or Ps= 90(1− Pt−Pmin )

Pmin Pmin

Where

Ps = Points scored for price of Bid under consideration

Pt = Price of Bid under consideration

Pmin = Price of lowest acceptable Bid

3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME GENERATING PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmax

Ps= 80(1+ ) or Ps= 90(1+ Pt−Pmax )

Pmax Pmax

Where

Ps = Points scored for price of Bid under consideration

Pt = Price of Bid under consideration

Pmax = Price of highest acceptable Bid

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4. POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference points must be awarded

for specific goals stated in the Bid. For the purposes of this Bid the Bidder will be allocated points based on the goals stated in

table 1 below as may be supported by proof/ documentation stated in the conditions of this Bid:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is unclear whether the

80/20 or 90/10 preference point system applies, an organ of state must, in the Bid documents, stipulate in the case of—

(a) an invitation for Bid for income-generating contracts, that either the 80/20 or 90/10 preference point system will apply and

that the highest acceptable Bid will be used to determine the applicable preference point system; or

(b) any other invitation for Bid, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable

Bid will be used to determine the applicable preference point system, then the organ of state must indicate the points

allocated for specific goals for both the 90/10 and 80/20 preference point system.

Table 1: Specific goals for the Bid and points claimed are indicated per the table below.

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable, corresponding points must

also be indicated as such.

Note to Bidders: The Bidder must indicate how they claim points for each preference point system.)

Number of points Number of points claimed

(80/20) allocated

The specific goals allocated points in terms (To be completed by the (80/20 System)of this Bid Bidder)

(To be completed by the organ of

state)

In terms of Departmental Preferential 20 points (To be allocated for specific

Procurement Regulation Policy 2024, goals)

20 full points are allocated to companies who are at

least 100% owned by Black Africans

or

20 full points are allocated to companies who are at

least 51% owned by Black People who are women

or

20 full points are allocated to companies who are at

least 51% owned by Black People or Person with

Disabilities

DECLARATION WITH REGARD TO COMPANY/FIRM

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

 on-Profit Company

 State Owned Company

[TICK APPLICABLE BOX]

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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 Bid, qualifies the company/ firm for the preference(s) shown and I acknowledge that:

(a) The information furnished is true and correct;

(b) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;

(c) 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;

(d) 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 –

i. disqualify the person from the Biding process;

ii. recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

iii. 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;

iv. recommend that the Bidder 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

v. forward the matter for criminal prosecution, if deemed necessary.

................................................................

SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ................................................................

DATE: ................................................................

ADDRESS: ................................................................

...............................................................

...............................................................

...............................................................

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EME’S AND QSE’S MUST COMPLETE THE FOLLOWING APPLICABLE AFFIDAVIT FORM TO CLAIM PREFERENCE

POINTS

SWORN AFFIDAVIT – B-BBEE EXEMPTED MICRO/MACRO ENTERPRISE

I, the undersigned,

Full name & Surname

Identity number

Hereby declare under oath as follows:

a) The contents of this statement are to the best of my knowledge a true reflection of the facts.

b) I am a member / director / owner of the following enterprise and am duly authorised to act on its behalf:

Enterprise Name

Trading Name (If

Applicable):

Registration Number

Enterprise Physical

Address:

Type of Entity (CC, (Pty)

Ltd, Sole Prop etc.):

Nature of Business:

Definition of “Black As per the Broad-Based Black Economic Empowerment Act as

People” Amended by Act No “Black People” is a generic term which

means Africans, Coloureds and Indians –

a) who are citizens of the Republic of South Africa by birth or descent;

or

b) who became citizens of the Republic of South Africa by

naturalisationi-

i) before 27 April 1994; or

ii) on or after 27 April 1994 and who would have been entitled

to acquire citizenship by naturalization prior to that date;”

Definition of “Black “Black Designated Groups means:

Designated Groups” a) unemployed black people not attending and not required by law

to attend an educational institution and not awaiting admission to

an educational institution;

b) Black people who are youth as defined in the National Youth

Commission Act of 1996;

c) Black people who are persons with disabilities as defined in the

Code of Good Practice on employment of people with disabilities

issued under the Employment Equity Act;

d) Black people living in rural and under developed areas;

e) Black military veterans who qualifies to be called a military veteran

in terms of the Military Veterans Act ;”

c) I hereby declare under Oath that:

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1. The Enterprise is ______________% Black Owned as per Amended Code Series 100 of the amended

Codes of Good Practice issued under section 9 (1) of B-BBEE Act No as amended by Act No ,

2. The Enterprise is ______________% Black Female Owned as per Amended Code Series 100 of the

Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No as Amended by

Act No ,

3. The Enterprise is ______________% Black Designated Group Owned as per Amended Code Series 100

of the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No as

Amended by Act No ,

4. Black Designated Group Owned % Breakdown as per the definition stated above:

i) Black Youth % = ______________%

ii) Black Disabled % =______________%

iii) Black Unemployed % =______________%

iv) Black People living in Rural areas % = ______________%

v) Black Military Veterans % =______________%

5. Based on the Financial Statements/Management Accounts and other information available on the latest

financial year-end of _____________, the annual Total Revenue was R10,000,000.00 (Ten Million Rands)

or less/ Based on the Audited Financial Statements/ Financial Statements and other information available

OR

on the latest financial year-end of _________________ (DD/MM/YYYY), the annual Total Revenue was

between R10,000,000.00 (Ten Million Rands) and R50,000,000.00 (Fifty Million Rands)

6. Please Confirm on the below table the B-BBEE Level Contributor, by ticking the applicable box.

100% Black Owned Level One (135% B-BBEE procurement recognition

level)

At least 51% Black Level Two (125% B-BBEE procurement

Owned recognition level)

Less than 51% Black Level Four (100% B-BBEE procurement recognition

Owned level)

d) I know and understand the contents of this affidavit and I have no objection to take the prescribed oath and consider

the oath binding on my conscience and on the Owners of the Enterprise, which I represent in this matter.

e) The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner.

Deponent Signature: ___________________

Date: _____/______/___________________

Stamp

___________________

Signature of Commissioner of Oaths

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SECTION H:

GENERAL CONDITIONS OF CONTRACT (GCC)

In terms of Treasury Regulation 16A6.3(a)(i) “The accounting officer must ensure that bid documentation and the general

conditions of a contract are in accordance with the instructions of the National Treasury.”

Bidders are expected to be familiar with the general conditions applicable to government bids, contracts and orders; and rights and

obligations of all parties involved in doing business with government.

Bidders are therefore required to initial each page of the attached Annexure A for General Conditions of Contract (GCC) and

return with the bid document.

I hereby confirm that I have read the General Conditions of Contract (GCC) as published by the National Treasury and I

confirm that I fully understands its contents and conditions. I also confirm that I am wilfully committing to abiding by its

contents.

Name: Signature:

Title/ Role: Date:

Note: Should you fail to submit initialled Annexure A for General Conditions of Contract (GCC) and return with the bid

document as well as to sign this schedule, your bid may be disqualified.

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SECTION I:

SPECIAL CONDITIONS OF CONTRACT (SCC)

1. ADDITIONAL DEFINITIONS

In addition to the definitions contained in paragraph 1 of the GCC, the following terms shall be interpreted as indicated:

“Accounting Officer” means a person described in Section 36 of the Public Finance Management Act, Act No.

(As amended by Act ).

“Contract Duration” means the period between the commencement and termination of the contract.

“Confidential Information” means but is not limited to contents of the contract, or any provision thereof, or any specification,

plan, know-how, drawing, pattern, sample, or information furnished by or on behalf of the

Department in connection therewith, to any person other than a person employed by contractor or

service provider in the performance of the contract.

“Department” means the KwaZulu-Natal Department of Health.

“Head of Department” means the Head of Department for KwaZulu-Natal Department of Health as defined in Schedule 2

Column 1 and 2 of the Public Service Act 1994 (Proclamation June 1994, as amended).

“Health Facilities” means Head Office, District Offices, Hospitals, Community Health Centres, Specialized Centres

and Clinics under the auspices of the Department of Health in the Province

“ISO Standards” means standards recognized by International Standard Organisation

“Parties” means the KwaZulu-Natal Department of Health and Contractor or Service provider

“Province” means the Province of KwaZulu-Natal.

“ROE” means the Rate of Exchange.

“SABS” means the South African Bureau of Standards

“SANS” means the South African National Standards.

“Vendor” means Contracted Supplier or Service Provider

2. INTERPRETATIONS

In amplification of the provisions of paragraph 2 of the GCC, unless inconsistent with the context, an expression which denotes:

2.1 Any gender includes the other genders.

2.2 A natural person includes a juristic person and vice versa.

2.3 The singular includes the plural and vice versa.

2.4 When any number of days is prescribed in this Contract, the same shall be reckoned exclusively of the first and inclusively of

the last day unless the last day falls on a Saturday, Sunday or proclaimed public holiday in the Republic of South Africa, in

which event the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.

2.5 Figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

2.6 Any reference in this contract to “goods” includes works and/or services.

2.7 The written and signed contract represents the final agreement between the parties and it super cedes any prior oral

agreements or discussions of the Contract.

2.8 All annexures and appendices shall form part of the contract.

2.9 The headings used throughout the Contract do not have any special significance save to ensure the easy reading of the

contract.

2.10 Words and phrases defined in this Contract shall bear the meaning assigned to them throughout this Contract.

2.11 Words and phrases used in this Contract which are defined or used in any statute or regulation which applies to the subject

matter, professional person.

2.12 The bid is issued in accordance with Section 217 of the Constitution, The Public Finance Management Act, Treasury

Regulations 16A and National Treasury regulations and guidelines.

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3. LEGISLATIVE AND REGULATORY FRAMEWORK

3.1 This bid and all contracts emanating there from will be subject to General Conditions of Contract issued in accordance with

Treasury Regulation 16A6.3, published in terms of the Public Finance Management Act, 1999 (Act ) (PFMA) as well

as the Preferential Procurement Policy Framework Act 2000 (PPPFA), the Preferential Procurement Regulations 2022 (PPR

2022), including KZN Department Preferential Procurement Regulation Policy 2023, SCM Policy and SCM Delegations.

3.2 The Special Conditions of Contract (SCC) are supplementary to that of General Conditions of Contract (GCC). However,

where the Special Conditions of Contract conflict with the General Conditions of Contract, the Special Conditions of Contract

prevail.

4. ACCEPTANCE OF A BID

4.1 This Bid will be evaluated and adjudicated in terms of Kwazulu-Natal Department of Health SCM Policy and Delegations. The

Department of Health Bid Adjudication Committee (DBAC) is under no obligation to accept any bid.

4.2 The financial standing of a bidder and its ability to render services may be examined before the bid is considered for

acceptance.

5. CERTIFICATE OF COMPLIANCE

5.1 If the bidder submits offers for items that make reference to South African National Standards (SANS) or South African Bureau

of Standards (SABS) or International Organisation for Standardisation (ISO) specifications, a Certificate of Compliance must

be submitted with the bid document at the time of closing of the bid. SABS/SANS can be contacted for testing and conformity

services at Tel: 031 203 2900/ Fax: 031 203 2907. SANS, SABS AND CKS specifications will be for the account of the

prospective bidder. Failure to submit the certificate, where applicable, will result in the bid being disqualified. The Department

reserves its rights to contact SABS/SANS/CKS for testing and conformity services.

5.2 Prior to an award of the bid being made and/or during the evaluation process, the Department of Health reserves the right to

conduct inspections of the premises of the most acceptable bidder. Therefore, premises of the bidder shall be open, at

reasonable hours, for inspection by a representative of the Department or organization acting on its behalf. Any specification/s

and conformity testing will be for the account of the prospective bidder.

5.3 Bidders must state the Radiation Control License number of the make and model of the Equipment offered. If this type of

equipment/apparatus appears on the schedule of Hazardous Substances, issued by the Directorate: Radiation Control of the

Department of Health, a license in terms of the Act on Hazardous Substances (Act 15/1973) must be submitted with the bid

document. The license must be registered under the bidder’s name or the letter of Joint Venture must be submitted by the

License holder where the license is not in the name of the bidder.

5.4 If more than one item of equipment is offered, bidders must submit the Radiation Control License for each item of equipment

that is offered in the bid. The make, model and license number of the various items offered in the bid must be highlighted on

the Radiation Control License.

5.5 The Technician(s) must be the original equipment manufacturer trained to deal with the service, repair and calibration of the

equipment offered in the bid. NB: Proof of original equipment manufacturer training must be submitted with the bid offer.

6. COMPLIANCE WITH SPECIFICATION

6.1 Offers must comply strictly with the specification, offers exceeding specification requirements will be deemed to comply with

the specification.

6.2 The quality of services must not be less than what is specified.

7. EQUAL BIDS

7.1 If two or more tenderers score an equal total number of points, the contract must be awarded to the tenderer that scored the

highest points for Specific Goals.

7.2 If capacity to deliver is part of the evaluation process and two or more tenderers score equal total points and equal preference

points, the contract must be awarded to the tenderer that scored the highest points for functionality.

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7.3 If two or more tenderers score equal total points in all respects, the award must be decided by the drawing of lots.

8. LATE BIDS

8.1 Bids are permissible to be submitted prior to the closing date and time, this is to avoid unfortunate or unplanned circumstances

that could prevent the bidder from arriving on time during the closing date. If the bidder fails to arrive on time the department

will not be held liable, to accept late bids.

8.2 Bids are late if they are received at the address indicated in the bid documents after the closing date and time.

9. MORE THAN ONE OFFER/ COUNTEROFFERS

9.1 Should the bidder make more than one offer, where applicable, against any individual item, such offer/s must be detailed in

the Schedule of Additional Offer/s. The Department reserves its rights in and to the consideration of any additional offer/s

subject to compliance with specification and the bidding conditions.

9.2 Bidders’ attention is drawn to the fact that counter offers with regard to any of the abovementioned Special Conditions of

Contract will invalidate such bids.

10. ONLY ONE OFFER RECEIVED

10.1 Where only 1 offer is received, the Department of Health will determine whether the price is fair and reasonable. Proof of

reasonableness will be determined as follows:

(a) Comparison with prices, after discounts, to the bidder’s other normal clients and the relative discount that the State

enjoys;

(b) Where this is not possible, profit before tax based on a full statement of relevant costs; and

(c) In all cases, comparison with previous bid prices where these are available.

11. AWARD OF BID(S)

11.1. This bid will be awarded as the multi-award unless if only one offer is received.

11.2. The Department reserve the right to request further technical information from any bidder after the closing date;

11.3. If a bidder finds or reasonably believes it has found any discrepancy, ambiguity, error or inconsistency in this bid or any other

information provided by the Department (including minor clerical matters), the bidder must promptly notify the Department in

writing of such discrepancy, ambiguity, error or inconsistency within fourteen (14) days prior to the closing date and time, this

must be done in writing in order to afford the Department an opportunity to consider what corrective action is necessary (if

any). Once the bid is closed the Department, its employees and advisors will not be liable with respect to any information

communicated which is not accurate, current or complete.

11.4. Notification of the intention to award the bid shall be in the same media that the bid was advertised, unless there is another

directive from National Treasury to publish on other platforms.

11.5. A bidder aggrieved by a decision of the Departmental Bid Adjudication Committee or Accounting Officer or delegated official

may appeal to the BID APPEAL TRIBUNAL (BAT).

BAT finds its establishment in the Treasury Regulation 16A9.3 and Section 18(1) of the KwaZulu-Natal Supply Chain

Management Policy Framework. Treasury Regulation 16A9.3 empowers National and Provincial Treasury to establish a

mechanism to consider complaints and make recommendations for remedial actions to be taken for the non-compliance with

the norms and standards. Section 18(1) of the KZN SCM Policy Framework empowers the MEC for Finance to establish an

independent and impartial Bid Appeals Tribunal. In line with Paragraph 19 of the KZN SCM Policy Framework of 2006 the

following procedure must be followed to lodge an appeal:

The bidder must, within five working days of receipt of the notification of an award, deliver written notification of an intention

to appeal. The bidder may, together with the notification of intention to appeal under paragraph (2) of the KZN SCM Policy

Framework, deliver a request for written reasons for the award of the said bid. The address provided for the lodging of appeals

is:

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Email: [email protected]

The Chairperson

Bid Appeals Tribunal

Private Bag X9082

Pietermaritzburg, 3200

12. EMPLOYEES TRADING WITH THE ORGANS OF THE STATE

12.1 The Public Service Act indicates in section 30(1) that “No employee shall perform or engage himself or herself

to perform remunerative work outside his or her employment in the relevant department, except with the written permission

of the executive authority of the department.”

12.2 Furthermore, in terms of the Public Service Regulations paragraph 13I, “An employee shall not conduct business with any

organ of state or be a director of a public or private company conducting business with an organ of state, unless such employee

is in an official capacity as a director of a company listed in schedule 2 and 3 of the Public Finance Management Act”

12.3 If a bidder is found to be employed by the state, through the verification via acceptable means such as CSD, DPSA verification

etc., the bid will be immediately disqualified.

12.4 If it is discovered through other Computer Assisted Audit Techniques (CAATS), that the bidder is employed by the state, the

award will be withdrawn or contract may be terminated without notice.

13. TRUST, CONSORTIUM OR JOINT VENTURE

13.1 In terms of the Preferential Procurement Policy Framework Act and Regulations, as amended, a Trust, Consortium or Joint

Venture must submit a consolidated Status Level Verification Certificate for every separate bid.

13.2 A separate B-BBEE Certificate must be submitted by each company participating in the Trust, Consortium or Joint Venture.

13.3 The non-submission of a B-BBEE Certificate by a Trust, Consortium or Joint Venture will result in zero (0) preference points

being allocated for evaluation purposes (where applicable).

13.4 Should this bid be submitted by a Joint Venture; the Joint Venture agreement must accompany the bid document.

13.5 The Joint Venture agreement must clearly specify the percentage of the contract to be undertaken by each company

participating therein.

13.6 The Joint Venture/Consortium must submit a formal agreement that outlines the roles and responsibilities of each member of

the Joint Venture/ Consortium, nomination of an authorised person to represent the Joint Venture or Consortium in all matters

relating to this bid and the details of the bank account for payments to be affected.

13.7 No award will be made to a Trust/ Joint Venture/ Consortium that is not tax compliant at the finalisation of the award.

13.8 For verification purposes, each party must submit separate proof of TCS/ PIN / CSD number.

14. VALIDITY PERIOD OF BID AND EXTENSION THEREOF

14.1 The validity (binding) period for the bid will be 180 days from close of bid. However, circumstances may arise whereby the

department may request bidders to extend the validity (binding) period. Should this occur, the department will request bidders

to extend the validity (binding) period under the same terms and conditions as originally offered for by bidders? This request

will be done before the expiry of the original validity (binding) period. Should the Department forward a formal request for

extension of validity period and the bidder opts not to respond, the department will assume that the extension of the validity

period is accepted without any conditions.

15. CHANGE OF ADDRESS

15.1 Bidders must advise the Department of Health’s Central Supply Chain Management Unit, Contract Section, should their

ownership and/or address (domicilium citandi et executandi) details change from the time of bidding to the expiry of the

contract.

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16. INVOICES AND PAYMENTS

16.1 All invoices must be submitted in the original format.

16.2 All invoices submitted by the Contractor must contain the word “INVOICE” for non-VAT vendors or “TAX INVOICE” for VAT

vendors only. VAT number must be reflected for VAT vendors.

16.3 A tax invoice shall be in the currency of the republic of South Africa and shall contain the following particulars:

(a) The name, address and registration number of the supplier;

(b) The name and address of the recipient;

(c) An individual serialized number and the date upon which the tax invoice is issued;

(d) A description of the goods or services supplied;

(e) The quantity or volume of the goods or services supplied

(f) The value of the supply, the amount of tax charged and the consideration for the supply; or

(g) Where the amount of tax charged is calculated by applying the tax fraction to the consideration, the consideration for

the supply and either the amount of the tax charged, or a statement that it includes a charge in respect of the tax and

the rate at which the tax was charged.

16.4 A Contractor shall be paid by the institution concerned, in accordance with supplies delivered and services rendered. The

goods must be accepted and signed off by the relevant delegated official.

16.5 Should a Contractor indicate a special discount on his/her account provided payment is made within a certain time, every

effort shall be made to take advantage of such discount. Where discounts or rebates received by the Department, the

Contractor to provide credit note.

16.6 Any query concerning the non-payment of accounts must be directed to the institution concerned. The following protocol will

apply if accounts are queried:

(a) Contact must be made with the officer-in-charge of Logistics and Accounts Payable;

(b) If there is no response from Logistics and Accounts Payable, the Director Logistics and the Director: Expenditure

Management of the institution must be contacted.

(c) Failing all of the above, the Contractor must contact the Chief Director: Accounting Services supplying the following

details:

i. Name/s of person/s contacted at the Institution and dates; and

ii. Details of outstanding account.

iii. The Chief Director: Accounting Services will then take the appropriate action.

16.7 The Institutions shall not be responsible for payment of any statutory increases in tariffs or imports or any fluctuations in

foreign exchange rate for any item required Contractor, to realise its obligations in terms of this Contract. The rate of exchange,

as agreed upon in this Contract is subject to review if stipulated within this contract and as agreed consented by both Parties.

17. VALUE ADDED TAX (VAT)

17.1 All bid prices must be inclusive of all applicable taxes.

17.2 It is compulsory for a bidder to register for VAT under the following circumstances:

17.2.1 Where the value of taxable supplies made in any consecutive 12-month period exceeded or is likely to exceed

R1 million; or

17.2.2 Where in terms of a written contractual obligation, the value of taxable supplies to be made in a 12-month period

will exceed R1 million.

17.2.3 Note: Bidders who meet the above requirement must register as VAT vendors, if successful, as soon as possible

to avoid penalties from SARS.

17.3 A bidder may also choose to register voluntary for VAT if the value of taxable supplies made or to be made is less than R1

million but has, under certain circumstances, exceeded R50 000 in the past period of 12 months.

17.4 VAT will not be included after an award of the bid or during contract management period. It is the responsibility of every

bidder to correctly forecast whether they will require to register for VAT during the life of this contract based on the proposed

bid amount.

18. COMPLIANCE WITH TAX REQUIREMENTS

18.1 It is a condition of this bid that the tax matters of the successful bidder(s) are in order, or that satisfactory arrangements have

been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations.

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18.2 The successful bidder(s) tax matters are expected to be in order during the tenure of the contract, should the bidder fail to

comply with tax obligations, the orders may not be issued or the contract may be terminated.

18.3 The Tax Compliance status requirements are also applicable to potential foreign bidders / individuals who wish to submit a

bid.

18.4 It is a requirement that bidders grant a written confirmation when submitting this bid response that SARS may on an on-going

basis during the tenure of the periodic contract disclose the bidder’s tax compliance status and by submitting this bid such

confirmation is deemed to have been granted.

18.5 Bidders are required to be registered on the CSD and National Treasury shall verify the bidder’s tax compliance status through

the CSD or through SARS.

18.6 Where Consortia / Joint Ventures / Sub-Contractors are to be involved, each party must be registered on the CSD, and their

tax compliance status will be verified through the CSD or through SARS.

19. ENTERING OF HOSPITAL/CLINIC STORES

19.1 No representative from a company shall be permitted to enter the hospital/clinic premises, buildings or containers where

stores are kept unless he/she is accompanied by the responsible official in charge of stores. Before entering the hospital/clinic

premises, buildings or containers where stores are kept, the company representative must in writing, motivate why entry is

necessary and written authority must be obtained to enter from the Head of the Institution or delegated official.

20. DEPARTMENTAL PROPERTY IN POSSESSION OF A CONTRACTOR

20.1 The Department’s property supplied to a Contractor for the execution of a contract remains the property of the Department

and shall at all times be available for inspection by the Department or its representatives. Any such property in the possession

of the Contractor on the completion of the contract shall, at the Contractor’s expense, be returned to the Department forthwith.

20.2 The Contractor shall be responsible at all times for any loss or damages to the Department’s property in his possession and,

if required, he shall furnish such security for the payment of any such loss or damages as the Department may require.

21. IRREGULARITIES

21.1 Companies are encouraged to advise the Department of Health timeously of any possible irregularities which might come to

their notice in connection with this or other contracts.

22. UNSATISFACTORY PERFORMANCE

22.1 In amplification of paragraph 21; 22 and 23 of the GCC, unsatisfactory performance occurs when performance is not in

accordance with the contract conditions.

(a) The institution shall warn the Contractor by registered/certified mail or email that action will be taken in accordance with

the contract conditions unless the Contractor complies with the contract conditions and delivers satisfactory supplies or

services within a specified reasonable time (7 days minimum). If the Contractor does not perform satisfactorily despite

the warning the institution will:

i. Take necessary and appropriate action such as termination of contract in terms of its delegated powers.

(b) When correspondence is addressed to the Contractor, reference will be made to the contract number/item number/s

and an explanation of the complaint.

23. RESTRICTION OF BIDDING

23.1 The Accounting Officer or his/her delegate must:

(a) Notify the supplier and any other person of the intention to restrict it doing business with Department by registered mail

or email. The letter of restriction must provide for:

i. The grounds for restriction:

ii. The period of restriction which must not exceed 10 years; of 14 calendar days for the supplier to provide reasons

why the restriction should not be imposed.

iii. The identity number of individuals and the registration number of the entity; and

iv. The period of restriction.

(b) National Treasury will load the details on the Database of Prohibited Vendors.

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(c) The restriction period applicable will be based on the value of award/s made to the supplier over a financial year. The

table below illustrates the restriction period that will be applicable per the award threshold:

24. CONTRACTOR’S LIABILITY

24.1 In the event of the contract being cancelled by the Department in the exercise of its rights in terms of these conditions, the

Contractor shall be liable to pay to the Department any losses sustained and/or additional costs or expenditure incurred as a

result of such cancellation, and the Department shall have the right to recover such losses, damages or additional costs by

means of set-off from moneys due or which may become due in terms of the contract or any other contract or from guarantee

provided for the due fulfilment of the contract and, until such time as the amount of such losses, damages or additional costs

have been determined, to retain such moneys or guarantee or any deposit as security for any loss which the Department may

suffer or may have suffered.

24.2 The Contractor may be held responsible for any consequential damages and loss sustained which may be caused by any

defect, latent or otherwise, in supply or service rendered or if the goods or service as a result of such defect, latent or

otherwise, does not conform to any condition or requirement of the contract.

25. RIGHTS TO PROCURE OUTSIDE THE CONTRACT

25.1 The Department reserves the right to procure goods outside the contract in cases of urgency or emergency or if the quantities

are too small to justify delivery costs, or if the goods are obtainable from another organ of State or if the Contractor’s point of

supply is not situated at or near the place where the goods are required or if the Contractor’s goods are not readily available.

25.2 No provision in a contract shall be deemed to prohibit the obtaining of goods or services from a Department or local authority.

25.3 If contracted item/s become available from National Treasury transversal contract, the Department reserve a right to cancel

the contract with a winning bidder by giving thirty (30) days’ notice. If it in the advantage and interest of the department to

participate on transversal contract.

26. PATENTS

26.1 The Contractor shall pay all royalties and expenses and be liable for all claims in respect of the use of patent rights, trademarks

or other protected rights, and hereby indemnifies the Department against any claims arising there from.

27. WAIVER

27.1 The granting by any party of any indulgence or postponement shall not be a waiver of its rights arising from this contract to

demand full and specific performance of the contract.

27.2 No favour, delay or relaxation or indulgence on the part of any party in exercising any power or right conferred on each party

in terms of this contract shall operate as a waiver of such power or right nor preclude any other or further exercises thereof or

the exercise of any other power or right under this contract.

28. SUSPENSION

28.1 The Department may temporarily suspend whole or part of the supplied goods by providing no less than 5 days’ written notice

to the Contractor, who shall on receipt of such written notice immediately cease the supply the goods. The Department will

indicate the date on which the contract will be resumed in the aforementioned notice. No suspension shall exceed a total of

90 days unless otherwise agreed to by the parties in writing.

28.2 When the supply of the goods is suspended, the Contractor shall be entitled to pro-rata payment for the goods already

delivered and reimbursement of all costs incidental to the prompt and orderly suspension of the contract.

28.3 Suspension of the contract shall not prejudice or affect the accrued rights and liabilities of the parties as at the date of

suspension.

29. BREACH

29.1 Any termination notice referred to in GCC paragraph 23.1 shall be preceded by written notice requiring the defaulting party to

remedy a breach of this contract within 14 days of the date of receipt of the notice.

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29.2 If the defaulting party fails to remedy the breach within the 14 days, the aggrieved party shall be entitled without notice, in

addition to any other remedy available to them at law or under this contract:

(a) To claim specific performance of any whether or not the due date for performance has arrived; or

(b) To terminate this contract in accordance with paragraph 23.1 of the GCC, against the defaulting party, in either event

without prejudice to the aggrieved party’s rights to claim damages.

29.3 The Contractor shall immediately advise the Department of the same, upon which the Department shall, in its sole and

absolute discretion, decide whether to proceed with this contract or to terminate forthwith. Failure by the Contractor to advise

the Department of a conflict of interest shall amount to a material breach of this contract.

29.4 A Party shall be deemed to be in breach of this Contract should the Party fail to comply with any material provisions of this

Contract.

29.5 The aggrieved Party shall be obliged to first attempt to settle the matter by way of consultation with the defaulting Party. If the

consultation fails, then the aggrieved Party shall promptly give the defaulting Party fourteen (14) days written notice to remedy

the breach. If the defaulting Party fails to comply with such notice, the aggrieved Party may, without prejudice to any other’s

right at law:

(a) Cancel this Contract in the event the defaulting Party committed a material breach.

(b) Claim specific performance by the defaulting Party if such is a competent remedy in the circumstance.

(c) Claim damages suffered, as limited under this Contract.

30. PREFERENCES

30.1 Should the Contractor apply for preferences in the submission of his bid, and it is found at a later stage that these applications

were incorrect or made under false pretences, the Department may, at its own right:

(a) Recover from the Contractor all costs, losses or damages incurred or sustained by the Department as a result of the

award of the Contract; and/or

(b) Cancel the contract and claim any damages which the Department may suffer by having to make less favourable

arrangements after such cancellation.

(c) The Department may impose penalties, however, only if provision therefore is made in the Special Conditions of Contract

and Bid.

31. SEVERABILITY

31.1 The finding of any invalidity to any provision of the contract shall not render the whole contract a nullity. A court of law or

arbitrator may sever the invalid provision and the remainder of the contract shall remain enforceable.

32. EXPORT LICENSES

32.1 When orders are placed for goods in respect of which an export licence from the country of origin of supplies is required,

Contractor shall:

(a) Not incur any direct or indirect costs in connection with the supply or dispatch of such supplies before they have obtained

such license;

(b) If the government of the country from which the supplies are to be exported refuses, or fails to grant such license within

three months of the placing of the order, the order shall be considered to be cancelled and no liability will be accepted

for any loss or expenses irrespective of the nature thereof, including loss or expenditure suffered or incurred by

Contractor or any other person in respect of the production, supply, transportation or delivery of such supplies.

33. INSURANCE

33.1 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.

33.2 Any insurance policies taken out by Contractor to cover goods delivered for a contract must be taken out with a company

registered in South Africa in terms of relevant insurance and companies acts.

33.3 The Contractor must ensure that the insurance remains in force throughout the contract period.

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33.4 In the event that the Department requests for such Certificate of Insurance, the Contractor shall submit such Certificate within

5 days if this was not a mandatory requirement.

34. GENERAL QUANTITIES AND ORDERS

34.1 No quantities are reflected in this bid as orders will be placed based on an ‘as and when required” and no guarantee is given

or implied as to the actual quantity/quantities which will be procured during the periodic contract.

34.2 Suppliers should note that the order(s) will be placed as and when required during the periodic contract period and delivery

points will be specified by the relevant delegated officials. The instructions appearing on the official purchase order form

regarding the supply, dispatch and submission of invoices must be strictly adhered to and under no circumstances should the

Supplier deviate from the purchase orders issued by the delegated officials.

34.3 The Department is under no obligation to accept any quantity/quantities which is more than the ordered quantity/quantities.

35. CONTRACT VARIATIONS AND EXTENSION

35.1 Consideration for expansion, variation or extension of contract will be in line with National Treasury Instruction notes and the

KZN Department of Health Policy and delegations

36. CESSION OF CONTRACTOR

36.1 The Contract will be personal to the winning bidder, who shall not sub-let, assign, cede or make over the Contract or

any part thereof, or any share of interest therein, to any other person without the written consent of the Department,

and on such conditions as it may approve.

36.2 This sub-clause shall not apply to sub-contracts given to regular suppliers of winning bidder for materials and minor

components relating to the services supplied. The Department reserves the right to require winning bidder to submit,

for noting, the names of such sub-contractors to ascertain their registration on the Central Suppliers Database and they

must be legal entities.

37. CONTRACT AMENDMENTS / VARIATIONS

37.1 In amplification of paragraph 18 of the GCC, any amendments/variations, of the Contract shall come into effect in terms

of the conditions contained in on “Contract Amendments/Variations Register”. This register must be signed by the duly

authorized signatories of winning bidder and the Head of Department: Health or his/her delegated official.

37.2 Contracted winning bidder shall not, in performing its obligation, vary from the terms and conditions stated in this Contract

whether by way of addition thereto or by way of omission therefrom, without the prior written consent from the Department

(Accounting Officer/delegated official), and no claim on the part of winning bidder for any extra payments on the grounds of

any alterations or extra work will be entertained.

37.3 If, after the commencement of the contract, the cost or duration of the services is altered as a result of changes in, or in

additions to, any statute, regulation or by-law, or the requirements of any authority having jurisdiction over any matter in

respect of the contract, then the contract price and time for completion shall be adjusted in order to reflect the impact of those

changes, provided that, within 14 days of first having become aware of the change, winning bidder shall furnish the

Department with a detailed justification for the adjustment to the contract price.

38. INTELLECTUAL PROPERTY

38.1 In amplification of paragraph 6 of the GCC, the intellectual property discovered or created as the direct or indirect result

of this contract shall remain the property of the Department.

39. INSOLVENCY

39.1 In the event to winning bidder institutes insolvency proceedings or has insolvency proceedings involuntarily instituted against

it, the Department may terminate this Contract immediately.

39.2 In the event of assets and monies issued to winning bidder in terms of this Contract, such assets and monies shall be excluded

from the estate of winning bidder and shall be returned immediately upon clause 40.1 coming into effect.

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40. DISPUTE RESOLUTION

40.1 If any dispute arises between the Department and Contractor, in connection with the Specification and deliverables, either

party may give the other notice in writing of the existence of such dispute, and the same shall thereupon be referred to

arbitration in South Africa by a person mutually agreed upon by both parties. The submission shall be deemed to be

submission to arbitration within the meaning of the terms of the arbitration laws in force in the Republic of South Africa.

41. DOMICILLIA CITANDI ET EXECUTANDI

For the purpose of this contract, the parties choose their respective domicillia citandi et executandi as follows:

The Department Physical and Postal Address:

Department Name The KwaZulu-Natal Department of Health

Physical Address Natalia Building, 330 Langalibalele Street, Pietermaritzburg, 3201

Postal Address: Private Bag X9051, Pietermaritzburg, 3200

Telephone numbers 033 – 395 2111

Telefax: Nil

The Contractor or Bidder Physical and Postal Address:

Bidder/ Contractor Name

Physical Address

Postal Address:

Telephone numbers

Telefax:

Email Address

41.1 The parties hereby choose domicilium citandi et executandi for all notices and processes to be given and served in pursuance

hereof at their respective addresses given on the first page of this Contract. Any notice of any change in such address shall

be given in writing by the parties concerned and delivered by hand or sent by registered mail to the other party, upon

notification of which address so notified shall serve as the new citandi et executandi.

41.2 A party may at any time change that party’s domicilium by notice in writing, provided that the new domicilium is in the Republic

of South Africa and consists of, or includes, a physical address at which the process can be served.

41.3 Any notice to a party:

(a) Sent by prepaid registered post in a correctly addressed envelope, to it, shall be deemed to have been received on the

7th (seventh) day after posting unless the contrary is proved);

(b) Delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its

domicilium, shall be deemed to have been received on the day of delivery; or

(c) Sent by telefax or email to its chosen telefax or email number, shall be deemed to have been received on the date of

dispatch (unless the contrary is proved).

42. DURATION OF CONTRACT

42.1 Once Off Contact

43. PROVISION OF DESCRIPTIVE LITERATURE, COLOUR PAMPHLETS, COLOUR BROCHURES AND TECHNICAL DATA

SHEETS APPLICABLE TO THE OFFER

43.1 The equipment offered must comply fully with or exceed all of the minimum specification requirements as per the Clauses

as contained in the Specification. If the prospective bidder failed to provide descriptive literature, colour pamphlets, colour

brochures and technical data sheets applicable to the offer (i.e. supporting information for all components of the system)

for the Technical Evaluation, the bid will be disqualified as part of phase 1.

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No specific requirements found

B-BBEE Minimum Level: One

Points Allocation: 135% B-BBEE