Eastern Cape - Agriculture Tenders & RFQ's

Landlords must take cognisance of the details, conditions and requirements stipulated in this annexure. 10.2 Tenders that are not accompanied by written proof that the landlord is authorised to offer the accommodation for leasing will not be considered and will be eliminated. 18 | p a g e 10.3 The department of agriculture is the sole adjudicator of the suitability of the accommodation for the purpose for which IT is required. The department’s decision in this regard will be final. 10.4 The department of agriculture will in NO way be responsible for or committed to negotiations that a user department may or might have conducted with a lessor or owner of a building. 10.5 IT is a requirement that the accommodation offered, including all equipment and installations, must comply with the national building regulations and the requirements of the occupational health and safety act, 1993 (act ), as amended. 10.6 The commencement date from which rental will be payable, or the lease shall begin is subject to the approval of the department of agriculture. 10.7 Landlords are welcome to be present at the opening of tenders. 10.8 The tender forms must not be retyped or redrafted. Additional offers may be made but only on original documents or on other forms requisitioned. Additional offers are regarded as separate tenders and must be treated as such by landlords. The inclusion of various offers as part of a single submission in one envelope is not allowed. Additional offers must be submitted under separate cover. 10.9 The successful landlord will be responsible for the cost of alterations necessary to adapt the offered accommodation to the specific needs of the user department in accordance with the norm document and/or specified and minimum requirements. 10.10 Landlords who do not comply with the above-mentioned conditions will be eliminated. 11. Fees and charges the stipulated bid prices shall be subject to yearly escalation for the duration of contract, to be in-line with market-related escalations. Payment of any consideration in terms of the contract shall not constitute acceptance of any defective or non-conforming services. To the extent that the doa disputes the correctness, nature, extent or calculation of any fees or expenses payable to landlord in terms of the contract, doa shall be entitled to withhold payment of such disputed amounts until such time as such dispute is resolved. 12. General responsibilities of the landlord problem identification and reporting. The landlord shall be proactive in reporting any matters which IT may become aware of which may impact on the business continuity or operations of the doa at the relevant institution. Without detracting from the generality of this statement, landlord shall:- without delay inform the doa and the appointed doa technical support manager, of all incidents or accidents which may occur at the relevant complex which involve demolitions of the building; co-operate fully with the doa and its appointed technical support manager in analyzing and investigating such incidents or accidents. Other service providers: the landlord acknowledges that IT may be required to provide the services in conjunction with third party service providers and shall, where requested by the doa, co-operate fully with such persons. Regulations and statutes: the landlord shall, in the provision of the services observe and comply with all relevant provisions of all applicable legislation and regulations. Compliance with procedures: IT is recorded that during the currency of the contract the doa may implement procedures and policies at the relevant institution/building. The landlord shall comply fully with any such reasonable procedures and policies, including the permit to work procedures and health and safety procedures. The landlord shall ensure that IT and its personnel shall at all times comply fully with any safety, fire, emergency and security procedures and policies applicable at the relevant institution/building. 19 | p a g e should the doa at any time believe that any member of landlord’s personnel is failing to comply with any such procedures or policies, the doa shall be entitled to deny such personnel member access to the relevant premises and require the landlord to replace such person without delay. Landlord’s procedures: the landlord shall, upon receipt of written request from the doa or its appointed technical support manager:- provide the doa with copies of all landlord’s operating procedures and processes relating to the renovations of the building; 13. Hazardous materials the landlord will be held liable for any expenses that may be incurred by the doa as a result of damage to property and injury to personnel as a result of poor quality products. 14. Fire risks the landlord shall ensure that its personnel shall, if at any time they believe that any matter constitutes a fire risk, report this immediately to the doa/institution and take such remedial action as may be necessary. 15. Occupational health and safety in this clause the term “act” shall mean the occupational health & safety act, NO. , as amended from time to time, (including any act which may take its place should IT be repealed during the currency of the agreement between the parties) as read with all regulations and standards promulgated in terms of the former machinery and occupational act, NO , as amended, and all regulations & standards promulgated in terms of the occupational health & safety act from time to time; the landlord:- 15.1. Acknowledges that he is fully aware of the terms and conditions of the act; 15.2. Acknowledges that he is an employer in its own right with duties and responsibilities as prescribed in the act; 15.3. Agrees to comply with all rules and regulations implemented by or on behalf of the doa at the relevant instituion in covering letter relating to health and safety and will inform the doa immediately should landlord for any reason be unable to comply with the provisions of the act and such rules and regulations. 16. Lease agreement IT is recorded that the doa and the service provider may from time to time agree in writing to additional quality requirements (whether engaged in a service contract or when repair is required out of guarantee without the maintenance contract option) and standards relating to the maintenance together with performance measurement provisions, which quality requirements, performance measurement provisions shall be reduced to writing in a lease agreement if required and signed by both parties. 17. Performance measurement provisions 17.1 Introduction. Landlord shall provide the services during the term of the contract in compliance with the quality and related standards stipulated in the technical proposal - minimum specifications and the service level agreement (if any). Compliance. For purposes of the contract the compliance by landlord with the stipulated responsibilities and service standards will be determined: - 17.1.1 With reference to reports provided by landlord. 20 | p a g e 17.1.2 With reference to reports or complaints received from third parties. 17.1.3 By means of user satisfaction surveys conducted by doa 17.1.4 By means of service reviews, inspections or any audit carried out by or on behalf of the doa. 17.1.5 Refer to annexure a “responsibilities” for maintenance and repairs 17.2 Records. Landlord shall at all times keep full and accurate records of all services provided in terms of the contract and shall retain such records for the currency of the contract. Upon termination of the contract such records must be provided to the doa upon request. 17.3 Measurement of performance 17.3.1 Periodic checks: doa and/or its appointed technical support manager shall carry out periodic checks (the intervals to be determined by doa) the purpose of which shall be to determine whether landlord is providing the services or leasing the property in accordance with the terms and conditions of the contract if accepted by doa. 17.3.2 Service complaints: all service complaints, deviations, non-conforming services and suggestions that are reported to landlord by doa, its appointed facilities manager, or any other party shall be given proper and speedy consideration by landlord. Landlord shall investigate complaints, deviations and non-conforming services in accordance with procedures approved by the doa 18. Breach and terminaton landlords are referred to paragraph 23 of general conditions of contract (gcc) relating to failure to comply with conditions of this contract. 19. Loss and damage landlord hereby indemnifies the state, and will hold the state harmless, against any loss or damages which the state may suffer, or any claims lodged against the state by any third party arising out of or relating to any loss that the state or such third party may suffer as a result of, or arising out of any act or omission of any personnel of landlord or the failure of landlord to provide the services in accordance with the provisions of the contract. 20. Sub-landlords landlord may only sub-contract its obligations under the contract with the prior written consent of the doa (or any other authorized authority) and then only to a person and to the extent approved by the doa or such authority and upon such terms and conditions as the doa or such authority require. IT is recorded that where such consent is given landlord shall remain liable to doa for the performance of the services.