Supply and delivery of branded bottled water – government tender in gauteng

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Returnable Documents: BID NO: ____________________ PLEASE USE THE CHECKLIST TO CONFIRM THAT ALL REQUIRED DOCUMENTS HAVE BEEN COMPLETED, SIGNED, WHERE APPLICABLE, AND ATTACHED TO THE QUOTATION. FAILURE TO SUBMIT ANY COMPULSORY DOCUMENT OR REQUIRED INFORMATION, WHERE SUCH NON-SUBMISSION IS EXPRESSLY STATED AS DISQUALIFYING IN THE QUOTATION DOCUMENT, MAY RESULT IN THE QUOTATION BEING DISQUALIFIED. DESCRIPTION Yes /no Returnable documents required for tender evaluation purposes MBD 1 -Invitation to Bid Certificate of Attendance of Site Meeting Authority to Sign Documents Record Of Addenda to Tender Documents MBD 2 -Tax Clearance Certificate Requirements MBD3.1 - Pricing and Delivery Schedule MBD4- Declaration of Interest MBD 6.1- Preference Points Claim Form in terms of PPPFA 2022 regulations MBD 8- Declaration of Bidder’s Past Supply Chain Management Practices MBD9- Certificate of Independent Bid Determination Additional Documents to be provided by the Bidder and attached to his/her tender Provides proof of its entity’s registration documentation (e.g., CIPC) indicating the date of registration/incorporation, and a list of directors, partners, and members and share certificates Provide proof of current and valid SARS Tax Pin and VAT registration certificate. Provide rationale if not VAT registered. Provide a National Treasury Centralised Supplier Database (CSD) registration summary report (report should not be older than 30 days) Provide a Valid certified copy of B-BBEE certificate / In the case of EME’s a Sworn Affidavit on DTI template. Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s office/premises (not in arrears for more than 90 days) or Where a bidder does not own the premises, they reside in, they must provide a certified lease agreement together with the utility bill statement (payments made according to the lease agreement) (not in arrears for more than 90 days) NB: Where the Tenderer operates from their residential address (where they live), an affidavit confirming this arrangement must be provided. Please note the address should be the same as the one disclosed in the CSD or CIPC of 70 Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s office/premises (not in arrears for more than 90 days) or Where a bidder does not own the premises, they reside in, they must provide a certified lease agreement together with the utility bill statement (payments made according to the lease agreement) (not in arrears for more than 90 days) NB: Where the Tenderer operates from their residential address (where they live), an affidavit confirming this arrangement must be provided. Please note the address should be the same as the one disclosed in the CSD or CIPC Provide Municipal Rates and Taxes Invoice for All the Directors (as per CIPC document) of the Company OR Original Certified Copy of Lease Agreement and statement of accounts OR Affidavit Certified by the SAPS only if business is conducted in director’s premises. (Not in arrears for more than 90 days) Current audited annual financial statements, where the bidder is legally required to have its annual financial statements audited; or where the bidder is not legally required to prepare audited annual financial statements, the bidder must submit its most recent annual financial statements together with a Public Interest Score (PIS) calculation. Provide Certified copies of South African Identity Documents or Valid Passports of Members, Directors or owner (Copy with original stamp).

Bidders must be a single legal entity, registered on the Central Supplier Database (CSD), and have a valid SARS Tax PIN and VAT registration (or rationale if not VAT registered). They must provide a B-BBEE certificate or sworn affidavit (for EMEs/QSEs). They must have a local office within the Johannesburg Municipality. They must not be in the service of the state. They must submit all mandatory documents, including CIPC registration, CSD summary report (not older than 30 days), municipal rates/lease agreement (not in arrears for more than 90 days), and audited financial statements if required. Bidders must be tax compliant and not have any fraudulent or false information. The bid must be signed by an authorized representative, and the bidder must not be disqualified for reasons such as late submission, incomplete documentation, or improper lobbying.

Tender documents are available in PDF format at no

cost on the e-tender portal (www.etenders.gov.za) or

TENDER DOCUMENTS JCT website (www.joburgcitytheatres.com).

Compulsory briefing n/a

CIDB grade n/a

CLOSING TIME AND DATE 04 September 2026 @ 12h00

Joburg Theatre, 163 Civic Boulevard, Braamfontein

DELIVERY DETAILS: To be deposited in the “Tender box” situated at the

Reception Area, 1st Floor of Joburg Theatre, 163 Civic

Boulevard (previously Loveday Street), Braamfontein

(Opposite Metro Centre), sealed in an envelope

externally endorsed with the Bid number and Bid

description.

TELEGRAPHIC/ POSTAL/ FAX & Will not be accepted

Email bids

LATE SUBMISSIONS Will not be accepted

CONTACT PERSON All enquiries concerning this bid should be addressed

to:-

Email:[email protected] or

[email protected]

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Certificate of Authority for Signatory

Signatories for closed corporations, partnerships and companies shall confirm their

authority by attaching to this form a duly signed and dated copy of the relevant

resolution of their members or the board of directors or partners, as the case may

be.

"By resolution of the board of directors taken on (date)_____________________

Mr / Ms _____________________________________ has been duly authorized to

sign all documents in connection with the tender for contract No. ____________

and any contract which may arise therefrom on behalf of (Tenderer)

Signed ________________________ Date___________________

Name _______________________ Position ________________

Tenderer _______________________________________________________

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Record Of Addenda to Tender Documents

We confirm that the following communications received from the Employer

before the submission of this tender offer, amending the tender documents,

have been taken into account in this tender offer:

NO Title or Details

If there is insufficient space above, the bidder may append additional sheets.

Number of additional sheets

appended by the bidder to this Schedule ............ (If nil, enter NIL)

Signed _________________________ Date___________________

Name __________________________ Position ________________

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the bid.

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2. bidders who submitted incomplete information and documentation according to the

requirements of this Bid

3. bidders who submitted information that is fraudulent, factually untrue or inaccurate, for

example memberships that do not exist, BEE credentials, experience, etc.;

4. bidders who received information not available to other vendors through fraudulent

means; and/or

The appointed service provider will be monitored on the following basis: Timeliness of

service delivery; Quality of the service provided; Provision of services in compliance with

clearly stated specifications;

3. Introduction

Joburg City Theatres (JCT) hereby invites suitably qualified and experienced service providers

to submit bids for the supply and delivery of branded bottled water for official meetings,

conferences, workshops, public participation programmes, marketing events and other

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organisational activities on an as-and-when-required basis for a period of thirty-six (36)

months.

4. objective

label as per artwork provided:

Full deliverable =

• 500ml Still water PET Bottle 40
• 500ml Sparkling water PET Bottle
• 440ml Still Glass refillable bottle
• 250ml Sparkling Glass refillable bottle

Company Experience (20 points)

The bidder must demonstrate the Experience in supplying No similar projects 0

branded water to Hotels, Hospitality venues, large scale casinos, One project 5

large scale banqueting departments, High end restaurants. Two – three projects 10

Four projects 15

For each project submitted for evaluation, the bidder must Five or more projects 20

provide the following corresponding supporting documents:

• An appointment letter, contract, purchase order or

similar appointment document issued on the client’s

official letterhead; and

• A corresponding completion certificate or client

reference letter confirming the successful completion of

the project.

Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s

office/premises (not in arrears for more than 90 days) or

certified lease agreement together with the utility bill statement (payments made

according to the lease agreement) (not in arrears for more than 90 days)

NB: Where the Tenderer operates from their residential address (where they live),

an affidavit confirming this arrangement must be provided. Please note the

address should be the same as the one disclosed in the CSD or CIPC

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Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s

office/premises (not in arrears for more than 90 days) or

certified lease agreement together with the utility bill statement (payments made

according to the lease agreement) (not in arrears for more than 90 days)

NB: Where the Tenderer operates from their residential address (where they live),

an affidavit confirming this arrangement must be provided. Please note the

address should be the same as the one disclosed in the CSD or CIPC

Provide Municipal Rates and Taxes Invoice for All the Directors (as per CIPC

document) of the Company OR Original Certified Copy of Lease Agreement and

statement of accounts OR Affidavit Certified by the SAPS only if business is

conducted in director’s premises. (Not in arrears for more than 90 days)

separate annexure.

➢ This tender document, together with associated forms and annexures, may NOT be retyped

or re-drafted.

➢ This tender document, together with associated forms and annexures, may NOT be filled in

by means of mechanical devices. A black ink pen should be used to fill in this tender

document.

➢ Bidders should check the numbers of the pages and satisfy themselves that none are missing

or duplicated. No liability shall be accepted regarding claims arising from the fact that pages

are missing or duplicated

➢ The tender price shall be open for acceptance for a period of at least 120

➢ calendar days after the closing date of the tender. It should be noted that Tenderers may

offer a shorter validity period, but their bid may in that event, be disregarded for such a

reason. Tenderers shall clearly state whether or not prices will remain firm for the duration

of the contract. Only firm prices will be accepted. Non-firm prices (including prices subject to

rates of exchange of variations) will not be considered. In cases where different delivery

points influence the pricing, a separate pricing schedule must be submitted for each delivery

point.

➢ Failure to have the Price declaration of this tender document signed by a duly authorized

person will constitute non-commitment by the bidder of the tender price, and the bid will be

invalidated.

➢ All prices shall be quoted in South African currency and be VAT inclusive.

➢ JCT reserves the right to only accept part of the submitted bid by a supplier.

➢ JCT reserves the right to withdraw this tender.

➢ Unless specifically provided for in the tender document, no tenders will be considered if

submitted or transmitted by telegram, telex, facsimile, e-mail or similar apparatus.

➢ It should be noted that JCT reserves the right to accept or reject any tender proposal without

being obliged to give any reasons in this respect.

➢ The bidder’s company letterhead must be used for the proposal’s cover letter and reflect the

company name, address and contact details.

➢ The correct Tender reference number (See the front page of this BID for the Tender Number)

must be quoted and the bidding company’s name must appear on all pages of the proposal.

➢ Responsiveness criteria of submissions : No Tender will be considered by JCT unless it meets

the following responsiveness criteria:

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a. The Tender must be properly received in a sealed envelope clearly indicating the

description of the service or goods and the Tender number for which the Tender is

submitted.

b. The Tender must be deposited in the relevant Tender box as indicated on the notice

of the Tender on or before the closing date and time of the Tender.

c. The official Tender document must be fully completed in black ink pen. Where

information requested does not apply to the Tenderer and the space is left blank, it

will be deemed to be not applicable.

d. All requested relevant and/or additional documentation must be submitted with the

e. The Tenderer must be in good standing to do business with the public sector in terms

of Regulation 38 of the Supply Chain Management Regulations (Government Gazette

May 2005).

f. Complies with the requirements of the Specification.

g. Adheres to Pricing Instructions.

h. Complies in full and observes the requirements of the Notice to Tenderers (if

applicable).

i. In addition to the terms and conditions stipulated in this document, for the Tender

to be considered responsive, the Tenderer must submit the following Tender

information:

• A fully completed and signed Tender Form;
• The Tenderer’s Details;
• The necessary document authorising the Representative to sign and submit

the Tender on the Tenderer’s behalf;

• The Declaration by Tenderer

➢ The Tenderer shall supply all the price information required in the price schedule, failure

to do so shall invalidate the Tender.

➢ No claim for price escalation will be considered unless it is specifically stated that this

Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s

office/premises (not in arrears for more than 90 days) or Where a bidder does not own the

premises they reside in, they must provide a certified lease agreement together with the

utility bill statement (payments made according to the lease agreement) (not in arrears for

more than 90 days)

NB: Where the Tenderer operates from their residential address (where they live), an

affidavit confirming this arrangement must be provided. Please note the address should be

the same as the one disclosed in the CSD or CIPC

Provide Municipal Rates and Taxes Invoice for All the Directors (as per CIPC document) of the

Background Joburg Theatre (SOC) Ltd trading as Joburg City Theatres (JCT), an independent municipal entity wholly owned by the City of Johannesburg Metropolitan Municipality (“COJ”), operates in order to provide world class theatre entertainment to the citizens of Johannesburg. The company continuously strives towards transformation from both within its core employment, procurement and governance practices; and also its productions and audience inclusiveness. With effect from January 1st 2013 Joburg Theatre (SOC) Ltd and Roodepoort City Theatre NPC t/a Joburg Promusica were integrated into a single theatre management company (Joburg City Theatres), which also institutionalised the operation of the newly established Soweto Theatre. Joburg City Theatres uphold its vision statement: “We are the providers of the integrated management of world class African theatre venues and a high quality, entertaining, innovative and inclusive programme which serves the diverse communities of the City of Joburg.” To succeed, significant increased operational efficiency is critical. That means Joburg City Theatres must be cost efficient. Operational efficiency is important not only to cost saving, but also to attracting and retaining theatre audiences, as the organization strives to become responsive to customers’ needs and the market’s demands.

General Requirements Overview of responsibilities of the service provider’s Joburg City Theatres (JCT) hereby invites proposals from all prospective service providers to propose a cost-effective solution for below mentioned. Service Providers are required to respond to this bid demonstrating that their proposed approach and solutions are a probable fit to JCT's requirements and are required to complete all categories as stipulated within this document. All information contained in this bid or given by management or staff of JCT is solely for the purpose of providing Service Providers with relevant information with which to complete and submit their proposals. The appointed service provider will be monitored on the following basis: Timeliness of service delivery; Quality of the service provided; Provision of services in compliance with clearly stated specifications;

Introduction Joburg City Theatres (JCT) hereby invites suitably qualified and experienced service providers to submit bids for the supply and delivery of branded bottled water for official meetings, conferences, workshops, public participation programmes, marketing events and other of 70 organisational activities on an as-and-when-required basis for a period of thirty-six (36) months.

OBJECTIVE The objective of this bid is to appoint a service provider capable of supplying high-quality bottled drinking water with customized branding that reflects the JCT's corporate identity while ensuring timely delivery and consistent product quality.

SCOPE OF WORK The successful bidder shall

Supply bottled still and sparkling drinking water.

Print and apply customized labels bearing the Employer's approved branding. Branding must be printed on the bottle and not a sticky label

Deliver products to designated delivery points.

Package products in recyclable packaging to prevent damage during transportation.

Maintain adequate stock to meet urgent orders.

Replace damaged or defective products at no additional cost.

Ensure products comply with applicable food safety legislation.

Supply products with sufficient remaining shelf life.

PRODUCT SPECIFICATIONS – PET Bottles The bidder shall be able to supply, but not limited to: 6.1. PET Bottle range Item. Description Unit 1 Branded Still Water – 330 ml Bottle 2 Branded Still Water – 500 ml Bottle 3 Branded Still Water – 1l Bottle 4 Branded Sparkling Water – 330 ml Bottle 5 Branded Sparkling Water – 500 ml Bottle 6 Branded Sparkling Water – 1l Bottle Minimum specifications

BPA-free PET bottles.

Tamper-proof safety seals.

Black customized branding on clear bottles. No labels, branding must be printed on the bottle of 70

Shelf life of not less than twelve (12) months from delivery.

Food-grade packaging materials.

Local water source 6.2. Glass bottle – Return, recycle refill range Item. Description Unit 1 Branded Still Water – 250ml Bottle 2 Branded Still Water – 440ml Bottle 3 Branded Sparkling Water – 250 ml Bottle 4 Branded Sparkling Water – 440 ml Bottle Minimum specifications

Glass returnable bottle with branding on bottle, not sticky labels.

Tamper proof safety seals

Local water source

BRANDING REQUIREMENTS The successful bidder shall

Print branding on bottles from artwork supplied by the Employer.

Submit electronic proof before production.

Obtain written approval prior to printing.

Ensure color consistency.

Ensure print is waterproof and resistant to scratches

Maintain branding quality throughout the contract period.

Points Allocation: 40 points

B-BBEE Details: of Independent Bid Determination

Additional Documents to be provided by the Bidder and attached to his/her

tender

Provides proof of its entity’s registration documentation (e.g., CIPC) indicating the

date of registration/incorporation, and a list of directors, partners, and members

and share certificates

Provide proof of current and valid SARS Tax Pin and VAT registration certificate.

Provide rationale if not VAT registered.

Provide a National Treasury Centralised Supplier Database (CSD) registration

summary report (report should not be older than 30 days)

Provide a Valid certified copy of B-BBEE certificate / In the case of EME’s a Sworn

Affidavit on DTI template.

Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s

office/premises (not in arrears for more than 90 days) or

Where a bidder does not own the premises, they reside in, they must provide a

certified lease agreement together with the utility bill statement (payments made

according to the lease agreement) (not in arrears for more than 90 days)

NB: Where the Tenderer operates from their residential address (where they live),

an affidavit confirming this arrangement must be provided. Please note the

address should be the same as the one disclosed in the CSD or CIPC

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Provide a current or latest Municipal Rates and Taxes invoice for the Tenderer’s

office/premises (not in arrears for more than 90 days) or

Where a bidder does not own the premises, they reside in, they must provide a

certified lease agreement together with the utility bill statement (payments made

according to the lease agreement) (not in arrears for more than 90 days)

NB: Where the Tenderer operates from their residential address (where they live),

an affidavit confirming this arrangement must be provided. Ple

appended by the bidder to this Schedule ............ (If nil, enter NIL)

Signed _________________________ Date___________________

Name __________________________ Position ________________

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Checklist

Bid NO: ____________________

➢ Failure to submit completed documents with the tender proposal may invalidate the tender

proposal.

➢ Failure to submit a valid BBBEE Certificate will result in zero preference points being awarded

for BBBEE.

➢ Tender forms contained within the Tender Document requesting information have been

drawn up so that certain essential information is furnished in a specific manner and format.

way operate as an estoppel against Joburg City Theatres in the exercise by it of its right

hereunder.

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the supplies are required, or the supplier’s services

are not readily available.

6. Except as provided under GCC clause 3.25, a delay by the supplier in the performance of

its delivery obligations shall procure the supplier liable to the imposition of penalties,

pursuant to GCC clause 3.22, unless an extension of time is agreed upon pursuant to GCC

clause 3.21.2 without the application of penalties.

➢ All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with JCT, indemnifying JCT from the provisions of

the Occupational Health and Safety Act (.

➢ The Contractor is to ensure compliance with the provisions of the Occupational Health

and Safety Act () & all relevant regulations, inclusive of all its employees &

other Contractors on the site. The Tenderer shall provide a suitable health and safety

plan appropriate for the contract tendered for.

➢ The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

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Workmen’s Compensation

Requirements

1. Background

Joburg Theatre (SOC) Ltd trading as Joburg City Theatres (JCT), an independent municipal

entity wholly owned by the City of Johannesburg Metropolitan Municipality (“COJ”), operates

in order to provide world class theatre entertainment to the citizens of Johannesburg. The

company continuously strives towards transformation from both within its core employment,

procurement and governance practices; and also its productions and audience inclusiveness.

With effect from January 1st 2013 Joburg Theatre (SOC) Ltd and Roodepoort City Theatre NPC

t/a Joburg Promusica were integrated into a single theatre management company (Joburg City

Theatres), which also institutionalised the operation of the newly established Soweto Theatre.

Joburg City Theatres uphold its vision statement: “We are the providers of the integrated

management of world class African theatre venues and a high quality, entertaining, innovative

and inclusive programme which serves the diverse communities of the City of Joburg.”

• Deliver products to designated delivery points.
• Package products in recyclable packaging to prevent damage during transportation.
• Maintain adequate stock to meet urgent orders.
• Replace damaged or defective products at no additional cost.
• Ensure products comply with applicable food safety legislation.
• Supply products with sufficient remaining shelf life.

6. PRODUCT SPECIFICATIONS – PET Bottles

• BPA-free PET bottles.
• Tamper-proof safety seals.
• Black customized branding on clear bottles. No labels, branding must be printed

on the bottle

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• Shelf life of not less than twelve (12) months from delivery.
• Food-grade packaging materials.
• Local water source

6.2. Glass bottle – Return, recycle refill range

• Glass returnable bottle with branding on bottle, not sticky labels.
• Tamper proof safety seals
• Shelf life of not less than twelve (12) months from delivery.
• Food-grade packaging materials.
• Local water source

7. branding requirements

• Be safe for human consumption.
• Data sheet provided on latest water test
• Be bottled under hygienic conditions.
• Comply with all applicable South African food safety legislation and standards.
• Be free from contamination.
• Have clearly marked production and expiry dates.
• Have batch numbers for traceability.

10. special conditions

➢ The Contractor agrees that the occupational use of JCT’s premises and buildings shall be

at his own risk, and that he acknowledges the risks and dangers inherent therein.

➢ The Contractor furthermore acknowledges that JCT and / or its employees shall not be

liable or responsible for any loss, liability, damages, accident or injury, whether fatal or

otherwise, of whatsoever nature and howsoever arising, whether directly from the

permission granted by JCT to execute certain events or otherwise, including but not

limited to, the use of the premises and / or buildings, and indemnifies JCT and/or its

employees against all and any loss of / or damage to property, or injury or death, and any

claim for such loss, damage, injury or death, from any cause whatsoever and howsoever

arising, which may be suffered in this regard.

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➢ The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

Contractors or customers shall not have any claim of any nature against the JCT for any

loss, damage, injury or death which any of them may directly or indirectly suffer (whether

or not such loss, damage, injury or death is caused through negligence of JCT or its agents

or employees) or for:

➢ any latent or patent defect in the premises;

➢ a fire on the premises;

➢ a theft from the premises;

➢ the Premises or any part thereof being in a defective condition or state of disrepair;

➢ force majeure of causus fortuitus or any other cause either wholly or partly beyond

the JCT’s control;

➢ the use of the services offered on the premises;

➢ consequential loss howsoever caused;

➢ any loss or damage whether to persons or property caused by riots, civil commotion,

insurrection or actions taken by the Contractor or JCT to mitigate the effect of / or

prevent the aforesaid; and any other cause whatsoever.

➢ Save for any willful acts or omission or gross negligence by JCT, its officers, employees,

agents, concessionaires, suppliers and Contractors, the Contractor indemnifies JCT and

holds it harmless from and against all claims, actions, damages, liability and expense in

connection with loss of life, personal injury and / or damage to property arising from or

out of any occurrence in, upon or at the premises or the occupancy or use by the

Contractor of the premises.

Compliance with Legislature

➢ All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with JCT, indemnifying JCT from the provisions of

the Occupational Health and Safety Act (.

➢ The Contractor is to ensure compliance with the provisions of the Occupational Health

and Safety Act () & all relevant regulations, inclusive of all its employees &

other Contractors on the site. The Tenderer shall provide a suitable health and safety

plan appropriate for the contract tendered for.

➢ The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

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Workmen’s Compensation

The Tenderer shall, prior to commencement of any work on site in terms hereof, give written

proof that he is registered as an employer in terms of Section 80 of the Compensation for

Occupational Injuries and Diseases Act, and the Tenderer shall remain registered as

such for the duration of the contract awarded and shall pay all monies due to the

Compensations Fund in terms of Section 15 of Act . Failure to comply will result in

the Tenderer being disqualified.

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Section 2

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Background, objective and scope of

MBD 2 -Tax Clearance Certificate Requirements

MBD3.1 - Pricing and Delivery Schedule

MBD4- Declaration of Interest

MBD 6.1- Preference Points Claim Form in terms of PPPFA 2022 regulations

MBD 8- Declaration of Bidder’s Past Supply Chain Management Practices

MBD9- Certificate of Independent Bid Determination

including terminating any associated proceedings at any time, without prior notice to the bidders

and without liability to compensate or reimburse any person in relation thereto.

Joburg City Theatres' reserves the right to accept or reject any of the proposals submitted; and

shall be under no obligation or bound to do so.

Joburg City Theatres reserves the right to adopt any submission by any Bidder(s) and to include

information therein into other procurement documentation of Joburg City Theatres without

compensation to the authors of such information.

project issued before the expiry of the Contract Period, including all warranty, defects liability,

and contractual obligations applicable to such work.

Subject to GCC clause 3.25, if the supplier fails to deliver any or all of the goods or to perform the

services within the period(s) specified in the contract, JCT shall, without prejudice to its other

remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the

delivered price of the delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. JCT may also consider

termination of the contract pursuant to GCC clause 3.23.

Indemnity

➢ The Contractor agrees that the occupational use of JCT’s premises and buildings shall be

at his own risk, and that he acknowledges the risks and dangers inherent therein.

➢ The Contractor furthermore acknowledges that JCT and / or its employees shall not be

liable or responsible for any loss, liability, damages, accident or injury, whether fatal or

otherwise, of whatsoever nature and howsoever arising, whether directly from the

permission granted by JCT to execute certain events or otherwise, including but not

limited to, the use of the premises and / or buildings, and indemnifies JCT and/or its

employees against all and any loss of / or damage to property, or injury or death, and any

claim for such loss, damage, injury or death, from any cause whatsoever and howsoever

arising, which may be suffered in this regard.

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➢ The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

loss, damage, injury or death which any of them may directly or indirectly suffer (whether

or not such loss, damage, injury or death is caused through negligence of JCT or its agents

or employees) or for:

➢ any latent or patent defect in the premises;

➢ a fire on the premises;

➢ a theft from the premises;

➢ the Premises or any part thereof being in a defective condition or state of disrepair;

➢ force majeure of causus fortuitus or any other cause either wholly or partly beyond

the JCT’s control;

➢ the use of the services offered on the premises;

➢ consequential loss howsoever caused;

➢ any loss or damage whether to persons or property caused by riots, civil commotion,

insurrection or actions taken by the Contractor or JCT to mitigate the effect of / or

prevent the aforesaid; and any other cause whatsoever.

➢ Save for any willful acts or omission or gross negligence by JCT, its officers, employees,

agents, concessionaires, suppliers and Contractors, the Contractor indemnifies JCT and

holds it harmless from and against all claims, actions, damages, liability and expense in

connection with loss of life, personal injury and / or damage to property arising from or

out of any occurrence in, upon or at the premises or the occupancy or use by the

• Guarantee the quality of all products supplied.
• Replace defective or damaged products at no cost to the Employer.
• Maintain confidentiality regarding artwork and branding.
• Not reproduce or use the Employer's logo for any purpose other than fulfilling this

contract.

• Maintain sufficient production capacity to meet peak demand.
• Comply with all applicable health, safety, environmental and labour legislation.

11. contract period

The Employer intends to appoint one (1) suitably qualified and experienced service provider

to undertake the Supply And Delivery of Branded Bottled Water for Joburg City Theatres.

The Contract shall be valid for a period of thirty-six (36) months from the date of

appointment, subject to:

• satisfactory performance by the Contractor;
• continued compliance with the terms and conditions of the Contract;
• annual performance reviews conducted by Joburg City Theatres (JCT); and
• the availability of approved budget.

installation project issued before the expiry of the Contract Period, including all warranty,

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defects liability, and contractual obligations applicable to such work.

terms and conditions stated in this bid. Repeated failure to meet specified delivery

requirements may result in contract termination, or the JCT may pursue any other

remedies that might be available, at its discretion.

15. communication during the RFP process

1. Any communication with respect to this RFP should be directed to: Keabetswe Senne

([email protected]) OR Ntombizodwa Zulu ( [email protected])

Company Experience

Production and Branding Capacity

Delivery Capacity and Fleet

Food Safety, Quality Management and Carbon emissions action plan

Samples

Other

Any additional bidder information not mentioned above

Signature ____________________________

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Section 1

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Mbd 1

Part a

Invitation to bid

You are hereby invited to bid for requirements of the (joburg city theatres)

BID NUMBER: 00400/26 CLOSING DATE: 04 September 2026 CLOSING TIME: 12h00

DESCRIPTION Supply And Delivery of Branded Bottled Water

The successful bidder will be required to fill in and sign a written contract form (mbd7).

Sealed quotations marked with the reference no: must be placed in the Tender Box at Joburg Theatre

Complex, 01st Floor, Loveday Street, Braamfontein.

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TAX COMPLIANCE STATUS TCS PIN: CSD No:

B-bbee status level b-bbee status

VERIFICATION CERTIFICATE LEVEL SWORN Yes Yes

[TICK APPLICABLE BOX] AFFIDAVIT No No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE

Submitted in order to qualify for preference points for b-bbee]

Yes

Are you the accredited are you a

No

Representative in south foreign based

Yes

Africa for the goods supplier for the

No [IF YES,

/Services /works goods /services

Answer

Offered? /Works offered?

[If yes enclose proof] part b:3 ]

Total number of items

Offered total bid price r

Signature of bidder

Date

Capacity under which

This bid is signed

Technical information may be directed

Bidding procedure enquiries may be directed to: to:

DEPARTMENT Supply Chain CONTACT PERSON

CONTACT PERSON Keabetswe Senne E-MAIL ADDRESS

E-MAIL ADDRESS [email protected] TELEPHONE NUMBER

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Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be

Accepted for consideration.

1.2. All bids must be submitted on the official forms provided– (not to be re-typed) or online

1.3. This bid is subject to the preferential procurement policy framework act and the

Preferential procurement regulations, 2022, the general conditions of contract (gcc)

And, if applicable, any other special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by

SARS to enable the organ of state to view the taxpayer’s profile and tax status.

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-

Filing. In order to use this provision, taxpayers will need to register with SARS as e-filers

Through the website www.SARS.GOV.ZA.

2.4 Foreign suppliers must complete the pre-award questionnaire in part b: 3.

2.5 Bidders may also submit a printed tcs certificate together with the bid.

2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party must

Submit a separate tcs certificate / pin / csd number.

2.7 Where NO tcs is available but the bidder is registered on the central supplier database

(Csd), a csd number must be provided.

3. Questionnaire to bidding foreign suppliers

3.1. Is the entity a resident of the republic of south africa (RSA)? yes NO

3.2. Does the entity have a branch in the RSA? yes NO

3.3. Does the entity have a permanent establishment in the RSA? yes NO

3.4. Does the entity have any source of income in the RSA? yes NO

3.5. Is the entity liable in the RSA for any form of taxation? Yes NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax

Compliance status system pin code from the south african revenue service (SARS) and if not

Register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

NO bids will be considered from persons in the service of the state.

Signature of bidder: .....................................

Capacity under which this bid is signed: .......................................

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Instructions to Bidders

A. Bid documents

Rules for Bidding

➢ JCT is not bound to accept any of the proposals submitted and reserves the right to call for

presentations from short-listed bidders before final selection.

➢ JCT reserves the right to terminate this appointment or temporarily defer the work, or any

part thereof, at any stage of completion should JCT decide not to proceed with the bid.

➢ The service provider must be a single legal entity with all other necessary expertise

secured. JCT will enter into a single contract with a single entity for the delivery of the work

set out in these bid documents.

➢ The bidding entity shall be the same entity that will execute the bid. Any bid found to be

fronting for another entity or entities shall be disqualified immediately.

➢ The service provider and its affiliates are disqualified from providing goods, works and

services to any private party to this Agreement, or any eventual project that may result,

directly or indirectly from these services.

➢ JCT reserves the right to return late bid submission unopened.

➢ Should the contract between JCT and the service provider be terminated by either party

due to reasons not attributable to the service provider, the service provider will be

remunerated for the appropriate portion of work completed up to a maximum amount of

not more than the total fee bid by the service provider for the appropriate phase of the

project during which the appointment was terminated.

➢ Bids must be submitted with all official Bid Forms that are contained within this tender

document and duly completed.

➢ Bids must be delivered to the correct address location that is indicated in the tender

document, and must be delivered timeously, as late bid submissions will NOT be accepted

for consideration.

➢ Late submissions will not be accepted under any circumstances. The tender box shall be

locked at exactly 12:00 Noon and tenders arriving only a second after 12:00 or any time

thereafter will not be accepted under any circumstance. Tenderers are therefore strongly

advised to ensure that their tenders when dispatched allow enough time for any

unforeseen events that may delay the delivery of the tender.

The Tender, including the returnable address, must be submitted in a sealed envelope, marked

with:

1. Tender Number and Description
2. The Name and Address of the Tenderer

➢ This Bid is subject to the Preferential Procurement Policy Framework Act and the Preferential

Procurement Regulations of 2022, the General Conditions of Contract (GCC) as listed in this

document and, if applicable, any other special conditions of contract as specified.

➢ Each party to a consortium/ sub-contractors must submit a separate original and valid Tax

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Clearance Certificate.

➢ Failure to submit completed documents with the tender proposal may invalidate the tender

proposal.

➢ Failure to submit a valid BBBEE Certificate will result in zero preference points being awarded

for BBBEE.

➢ Tender forms contained within the Tender Document requesting information have been

drawn up so that certain essential information is furnished in a specific manner and format.

Any additional particulars should be furnished on this document where appropriate, or in a

separate annexure.

➢ This tender document, together with associated forms and annexures, may NOT be retyped

or re-drafted.

➢ This tender document, together with associated forms and annexures, may NOT be filled in

by means of mechanical devices. A black ink pen should be used to fill in this tender

document.

➢ Bidders should check the numbers of the pages and satisfy themselves that none are missing

or duplicated. No liability shall be accepted regarding claims arising from the fact that pages

are missing or duplicated

➢ The tender price shall be open for acceptance for a period of at least 120

➢ calendar days after the closing date of the tender. It should be noted that Tenderers may

offer a shorter validity period, but their bid may in that event, be disregarded for such a

reason. Tenderers shall clearly state whether or not prices will remain firm for the duration

of the contract. Only firm prices will be accepted. Non-firm prices (including prices subject to

rates of exchange of variations) will not be considered. In cases where different delivery

points influence the pricing, a separate pricing schedule must be submitted for each delivery

point.

➢ Failure to have the Price declaration of this tender document signed by a duly authorized

person will constitute non-commitment by the bidder of the tender price, and the bid will be

invalidated.

➢ All prices shall be quoted in South African currency and be VAT inclusive.

➢ JCT reserves the right to only accept part of the submitted bid by a supplier.

➢ JCT reserves the right to withdraw this tender.

➢ Unless specifically provided for in the tender document, no tenders will be considered if

submitted or transmitted by telegram, telex, facsimile, e-mail or similar apparatus.

➢ It should be noted that JCT reserves the right to accept or reject any tender proposal without

being obliged to give any reasons in this respect.

➢ The bidder’s company letterhead must be used for the proposal’s cover letter and reflect the

company name, address and contact details.

➢ The correct Tender reference number (See the front page of this BID for the Tender Number)

must be quoted and the bidding company’s name must appear on all pages of the proposal.

➢ Responsiveness criteria of submissions : No Tender will be considered by JCT unless it meets

the following responsiveness criteria:

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a. The Tender must be properly received in a sealed envelope clearly indicating the

description of the service or goods and the Tender number for which the Tender is

submitted.

b. The Tender must be deposited in the relevant Tender box as indicated on the notice

of the Tender on or before the closing date and time of the Tender.

c. The official Tender document must be fully completed in black ink pen. Where

information requested does not apply to the Tenderer and the space is left blank, it

will be deemed to be not applicable.

d. All requested relevant and/or additional documentation must be submitted with the

Tender on or before the closing date and time.

e. The Tenderer must be in good standing to do business with the public sector in terms

of Regulation 38 of the Supply Chain Management Regulations (Government Gazette

May 2005).

f. Complies with the requirements of the Specification.

g. Adheres to Pricing Instructions.

h. Complies in full and observes the requirements of the Notice to Tenderers (if

applicable).

i. In addition to the terms and conditions stipulated in this document, for the Tender

to be considered responsive, the Tenderer must submit the following Tender

information:

• A fully completed and signed Tender Form;
• The Tenderer’s Details;
• The necessary document authorising the Representative to sign and submit

the Tender on the Tenderer’s behalf;

• The Declaration by Tenderer

Registration on the CSD

Potential service providers must be registered on the CSD administered by National Treasury at

the time of submitting this bid. Bidders that are not yet registered can register on-line at

www.csd.gov.za

Grounds for Disqualification

Joburg City Theatres reserves the right to disqualify any bidder which does any one or more of the

following, and such disqualification may take place without prior notice to the offending bidder,

however the bidder shall be notified in writing of such disqualification:

1. Bidders who do not submit a valid Tax PIN issued by SARS, on the closing date and time of

the bid.

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2. bidders who submitted incomplete information and documentation according to the

requirements of this Bid

3. bidders who submitted information that is fraudulent, factually untrue or inaccurate, for

example memberships that do not exist, BEE credentials, experience, etc.;

4. bidders who received information not available to other vendors through fraudulent

means; and/or

5. Bidders are reminded that all alterations in the bid document must be signed in full by the

bidder’s authorised signatory and an accompanying letter on the bidder’s official

letterhead must be provided indicating such alterations.

6. This bid, correctly endorsed is to be addressed to Joburg City Theatres and must be

deposited into the tender box at the time and date shown herein. Under no circumstances

will late tenders be accepted.

7. The bid document is to be completed in black ink pen and in full. It is not to be retyped at

all.

8. The bid document is to be submitted in full in the same order as issued with all sections

attached.

9. Proposal that do not meet Joburg City Theatres’ requirements shall be considered as

unsuitable and non-responsive and shall be rejected.

10. Bidders are required to cost for all the items as required. If not, the proposal will be

rejected as non-responsive.

Notice to Bidders

The costs of preparing the proposal, negotiation and any other engagement pursuant to this bid

shall be for the sole account of the bidder and shall not be reimbursed by Joburg City Theatres

under any circumstances.

Joburg City Theatres reserves the right to amend, modify or withdraw the BID in part or in total

including terminating any associated proceedings at any time, without prior notice to the bidders

and without liability to compensate or reimburse any person in relation thereto.

Joburg City Theatres' reserves the right to accept or reject any of the proposals submitted; and

shall be under no obligation or bound to do so.

Joburg City Theatres reserves the right to adopt any submission by any Bidder(s) and to include

information therein into other procurement documentation of Joburg City Theatres without

compensation to the authors of such information.

Amendment of Bid Documents

At any time prior to the deadline for submission of bids, JCT may, for any reason, whether at its

own initiative or in response to a clarification requested by a prospective bidder, modify the

tender document by amendment.

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All prospective bidders who have received the bid document will be notified of the amendment

in writing and same will be binding on them.

To allow prospective bidders reasonable time in which to take the amendment(s) in account in

preparing their bids, JCT at their discretion, may extend the deadline for the submission of bids.

B. Preparation of bids

Language of Bid

The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid

exchanged by the Bidder and JCT shall be written in English.

Bid Price

➢ The Tenderer shall supply all the price information required in the price schedule, failure

to do so shall invalidate the Tender.

➢ No claim for price escalation will be considered unless it is specifically stated that this

Tender is subject to adjustment. Failure to complete this clause will result in the Tender

prices being deemed to be firm.

➢ Notwithstanding anything to the contrary contained in JCT’s Conditions of Tender,

Memorandum of Agreement or the Price Schedule, any claim for an increase in the

Tender prices herein quoted shall be submitted in writing.

➢ The method and conditions of payment to be made to the supplier under this contract

shall be specified.

➢ The supplier shall furnish the purchaser with an invoice accompanied by a copy of the

delivery note and upon fulfilment of other obligations stipulated in the contract.

➢ Payments shall be made promptly by the purchaser, but in no case later than thirty (30)

days after submission of statement by the supplier.

➢ Payment will be made in Rand unless otherwise stipulated.

➢ All prices must include Value Added Tax.

➢ All tax invoices submitted by the Bidder must show the Value of the supply, the amount

of tax charged and the consideration for the supply.

➢ All price(s) must be net with all discounts and settlement discount already deducted.

➢ Price(s) must include cost of supply, transport of personnel delivery and off-loading (if

applicable).

➢ Price(s) must include cost of all labour, equipment, delivery of labour to site, materials

etc. and without any extra or additional charges to Joburg City Theatres whatsoever.

➢ Any and all alterations to the bid price must be signed in full by the bid’s authorized

signatory and an accompanying letter from bidder on their official company letterhead

will indicate such alterations. Failure to this will disqualify the bid

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Period of Validity of Bids

➢ Bids shall remain valid for 120 days after the closing date of bid prescribed by JCT. A bid valid

for a shorter period shall be rejected by JCT as non-responsive.

➢ In exceptional circumstances, JCT may solicit the Bidder’s consent to an extension of the

period of validity. The request and the response thereto shall be made in writing. A Bidder

may refuse the request. A Bidder granting the request will not be required nor permitted to

modify its bid.

Closing date of Bids

➢ Bids must be received by JCT at the address specified in the bid document. In the event of

the specified date for the submission of Bids being declared a holiday, the Bids will be

received up to the appointed time on the next working day.

➢ JCT may, at its discretion, extend this deadline for submission of bids by amending the bid

documents, in which case all rights and obligations of JCT and Bidders previously subject to

the deadline will thereafter be subject to the deadline as extended.

Late Bids

Any bid received by JCT after the deadline for submission of bids prescribed by JCT, will be

rejected and/or returned unopened to the Bidder.

Modification and Withdrawal of Bids

➢ The Bidder may modify or withdraw its bid after the bid’s submission, provided that

written notice of the modification or withdrawal is received by JCT prior to the deadline

prescribed for submission of bids.

➢ The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the provisions of clause 6. A withdrawal notice may also

be sent by fax, followed by a signed confirmation copy, post marked not later than the

deadline for submission of bids.

➢ No bid may be modified subsequent to the deadline for submission of bids.

➢ No bid may be withdrawn in the interval between the deadline for submission of bids and

the expiration of period of bid validity specified by the Bidder on the bid form.

Certified Copies/Commissioner of Oaths Certification

Where certified copies of documents are specifically required in the Bid Data or Returnable

Documents, the bidder shall submit certified copies of such documents together with its bid

submission.

Unless otherwise stated in the bid, all certified copies shall:

• Be certified by a Commissioner of Oaths;

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• Be clear, legible and complete;
• Not be older than three (3) months (90 days) from the bid closing date.

Failure to submit certified copies where expressly required may render the bid non-responsive

or result in the bidder being requested to clarify or submit the required documentation, where

permitted in terms of the applicable procurement legislation, regulations and the Employer's

Supply Chain Management Policy.

Note: The Employer reserves the right to verify the authenticity of all documents submitted and

to request the originals for inspection at any stage of the procurement process. Any false

declaration or fraudulent documentation may result in disqualification, cancellation of any

award, and any other action permitted by law.

Improper Lobbying /Interference

Any prospective Bidder who is found to have lobbied an official or Councillor in respect of bid

application including any other business with Joburg City Theatres will face the following charges:

• Immediate disqualification.
• Blacklisted against any bid in future.
• Company name will be given to all Local Authorities about the conduct.”

No relaxation, indulgence or waiver granted by Joburg City Theatres to the Bidder shall in any

way operate as an estoppel against Joburg City Theatres in the exercise by it of its right

hereunder.

Requirements to Submit Proposals

➢ All schedules in this document must be populated and will form part of the quotation

➢ A completed Joburg City Theatres supplier registration application form which is available

for download from Joburg City Theatres’ website (www.joburgtheatreptyltd.co.za).

Alternatively, if the supplier is registered on the JCT database, then the service provider

need only submit all the mandatory documents with this application.

➢ The contractor will need to provide examples /references of similar such works performed.

C. Bid opening and evaluation of bids

Opening of Bids

➢ The bidder’s names, bid modifications or withdrawals and such other details as JCT at its

discretion may consider appropriate, will be announced at the opening. No bid shall be

rejected at bid opening, except for late bids.

➢ Bids that are not opened and read out at bid opening shall not be considered further for

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evaluation, irrespective of the circumstances.

Clarification of Bids

During evaluation of bids, JCT may, at its discretion, ask the Bidder for a clarification of its bid.

The request for clarification and the response shall be in writing.

Bidders will be evaluated based on the information as contained in their Submissions, and this may

be further supplemented by presentations and clarification information as may be requested from

the Bidders.

Evaluations will as far as possible be based on evaluation templates prepared by Joburg Theatre’s

evaluation committees prior to opening of Submissions. The criteria set out in the document shall

be applicable and may not be altered after the Submissions have been opened unless it is clear

that such alterations will not disadvantage any Bidder or give an unfair advantage.

Submissions will be evaluated and the Contract awarded in accordance with the SCM regulations,

MFMA, Preferential Procurement Policy Framework Act and the Preferential Procurement

Regulations 2022 and other applicable legislation, the General Conditions of Contract (GCC) and if

applicable, any other special conditions of contract.

The bid will be evaluated on the following stages:

➢ Stage 1 – Administrative Requirements

➢ Stage 2- Functionality

➢ Stage 3 – Price and special goals

D. Award of contract

Period of Contract

The Contract shall be valid for a period of thirty-six (36) months from the date of appointment,

subject to:

• satisfactory performance by the Contractor;
• continued compliance with the terms and conditions of the Contract;
• annual performance reviews conducted by Joburg City Theatres (JCT); and
• the availability of approved budget.

The appointment of the successful Contractor shall not constitute a guarantee of any minimum

value of work or quantity of goods during the Contract Period. Work shall be commissioned on

an as-and-when-required basis through the issuance of official Purchase Orders.

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The Contractor shall remain responsible for the completion of any Purchase Order or installation

project issued before the expiry of the Contract Period, including all warranty, defects liability,

and contractual obligations applicable to such work.

Any extension of the Contract Period shall be subject to the applicable legislative framework, the

Employer's Supply Chain Management Policy, satisfactory contractor performance, and the prior

written approval of Joburg City Theatres.

Acceptance of Bid

A valid and binding Contract and/or Service Level Agreement with the successful Bidder will be

concluded immediately following the time that Joburg City Theatres emails / delivers a letter of

acceptance of this bid to the Bidder.

Local Office

In order to be considered for an appointment in terms of this bid, bidders must have an office

within the Johannesburg Municipality. The address of this local office must be indicated on the

SERVICE PROVIDERS INFORMATION below and which will be regarded as the

domiciliumcitandietexecutandi for the purpose of any contract or service level agreement arising

from this bid submission.

Contract Amendments

No variation in or modification of the terms of the contract shall be made except by written

amendment signed by the parties concerned.

Enhancement in Rates

The tender rates shall be taken to be firm and the supplier shall not be entitled to any price

variation or escalation.

Assignment

The supplier shall not assign, in whole or in part, its obligations to perform under the contract,

except with JCT’s prior written consent.

Delays in the Supplier’s Performance

1. Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by JCT in the contract.

2. If at any time during performance of the contract, the supplier or its subcontractor(s)

should encounter conditions impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify JCT in writing of the fact of the delay, its likely

duration and its cause(s).

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3. As soon as practicable after receipt of the supplier’s notice, JCT shall evaluate the situation

and may at its discretion extend the supplier’s time for performance, with or without the

imposition of penalties, in which case the extension shall be ratified by the parties by

amendment of contract.

4. No provision in a contract shall be deemed to prohibit the obtaining of supplies or services

from a national department, provincial department, or local authority.

5. The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the supplies are required, or the supplier’s services

are not readily available.

6. Except as provided under GCC clause 3.25, a delay by the supplier in the performance of

its delivery obligations shall procure the supplier liable to the imposition of penalties,

pursuant to GCC clause 3.22, unless an extension of time is agreed upon pursuant to GCC

clause 3.21.2 without the application of penalties.

7. Upon any delay beyond the delivery period in the case of a supplies contract, JCT shall,

without cancelling the contract, be entitled to purchase supplies of a similar quality and

up to the same quantity in substitution of the goods not supplied in conformity with the

contract and to return any goods delivered later at the supplier’s expense and risk, or to

cancel the contract and buy such goods as may be required to complete the contract and

without prejudice to his other rights, be entitled to claim damages from the supplier.

Penalties

Subject to GCC clause 3.25, if the supplier fails to deliver any or all of the goods or to perform the

services within the period(s) specified in the contract, JCT shall, without prejudice to its other

remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the

delivered price of the delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. JCT may also consider

termination of the contract pursuant to GCC clause 3.23.