Supply and delivery of ear tags and applicators to kwazulu-natal department of agriculture and rural development for 36 months

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Returnable Documents: PART A INVITATION TO BID (SBD 1) 3, PART B TERMS AND CONDITIONS FOR BIDDING (SBD 1) 4, SECTION B REGISTRATION ON CENTRAL SUPPLIERS DATABASE 6, SECTION C DECLARATION THAT INFORMATION ON CENTRAL SUPPLIERS 7, PART C PRICING SCHEDULE 8 -14, SECTION D BIDDERS DISCLOSURE (SBD 4) 15-16, SECTION E PREFERENCE POINTS CLAIM FORM (SBD 6.1) 17 -24

Bidders must be registered on the Central Supplier Database (CSD) at closing time. Bidders must provide a SARS Tax Compliance Status (TCS) PIN or CSD number. Bidders must not be persons in the service of the state, nor companies with directors who are persons in the service of the state. Bidders must complete and submit SBD 4 (Declaration of Interest) and SBD 6.1 (Preference Points Claim). Bidders claiming preference points for being a 100% Black-owned EME/QSE must submit the relevant sworn affidavit.

Ear Tags Applicators) for KYD KZN for the Period of Thirty- Six (36) Months.

(i) To accept part of a tender rather than the whole tender.

(ii) To carry out site inspections, product evaluations or explanatory meetings in order to

verify the nature and quality of the services offered by the bidder(s), whether before or

after adjudication of the Bid.

(iii) To correct any mistakes at any stage of the tender that may have been in the Bid

documents or occurred at any stage of the tender process.

(iv) To cancel and/or terminate the tender process at any stage, including after the Closing

2.1 All pre-bidding testing will be for the account of the bidder.

2.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on

completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a

representative of the Department or an organization acting on behalf of the Department.

2.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements,

including payment arrangements with the testing authority concerned.

2.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in accordance with the contract

requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

2.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether

such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the

supplier.

2.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be

rejected.

2.7 Any contract supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the

requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon,

remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the

contract. Failing such removal the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide

the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies,

purchase such supplies as may be necessary at the expense of the supplier.

2.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 23 of GCC.

evaluated and/or after the preferred bidder(s) have been notified of their status as such.

(v) The department publishes all awards on departmental website, thereafter, publishes the award on e-

tender portal after receiving an acceptance from the successful bidder.

(vi) Bidders are urged to visit www.kzndard.gov.za/tenders/videos-supplierdevelopment for ease of

completing the bid document.

may be used, but an original signature must appear on such photocopies.

a. Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract. The details of shipping and/or

other documents to be furnished by the supplier are specified in SCC.

b. Documents to be submitted by the supplier are specified in SCC.

a. The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all

goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or

material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use of the

supplied goods in the conditions prevailing in the country of final destination.

b. This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to

and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of

loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.

c. The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

d. Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the purchaser.

e. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed to take such

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VAT at 15%

Grand total (bid price in RSA currency with all

Applicable taxes included)

• Required by: ........................................

• At: ........................................

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

• Brand and model ........................................

• Country of origin ........................................

• Does the offer comply with the specification(s)? *YES/NO

• If not to specification, indicate deviation(s) ........................................

• Period required for delivery ........................................

*Delivery: Firm/not firm

• Delivery basis ..........................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies

*Delete if not applic

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Sbd 3.2

Pricing schedule – non-firm prices

(Purchases)

Note: price adjustments will be allowed at the periods and times specified in the bidding documents.

VAT at 15%

Grand total (bid price in RSA currency with all

Applicable taxes included)

• Required by:.......................................

• At:..........................................

• Brand and model..........................................

• Country of origin..........................................

• Does the offer comply with the specification(s)? *YES/NO

• If not to specification, indicate deviation(s) .................................................

• Period required for delivery........................................

• Delivery: *Firm/not firm

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies.

*Delete if not applicable

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Sbd 3.2

........................................................................................... .......................... .......................... R ...............

........................................................................................... .......................... .......................... R ...............

........................................................................................... .......................... .......................... R ...............

........................................................................................... .......................... .......................... R ...............

........................................................................................... .......................... .......................... R ...............

Total: r..........................................................

** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development

levies.

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Travel expenses (specify, for example rate/km and total km, class of

airtravel, etc). Only actual costs are recoverable. Proof of the

expenses incurred must accompany certified invoices.

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

 Non-Profit Company

 State Owned Company

[Tick applicable box]

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 tender, qualifies the company/ firm for the

preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

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ii) The preference points claimed are in accordance with the General Conditions as indicated in

paragraph 1 of this form;

iii) 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;

iv) 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

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;

(c) 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;

(d) recommend that the tenderer 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

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer(s)

(i) Bidding documents, viz

• Invitation to bid;
• Tax clearance certificate;
• Pricing schedule(s);
• Filled in task directive/proposal;
• Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the

Preferential Procurement Regulations 2011;

• Declaration of interest;
• Declaration of bidder’s past SCM practices;
• Certificate of Independent Bid Determination;
• Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the services

specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and

rate(s) and calculations will be at my own risk.

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed

by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual

obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market

its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods

are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized

new product results that is substantially different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in

compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the

country of origin and which have the potential to harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not

foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,

floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to

the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid

prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under

the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been

or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South

bid will be manufactured.

1.17 “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture

does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other

related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service.

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1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental

services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance

and other such obligations of the supplier covered under the contract.

1.25 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

ii. Application

1.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales,

hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding

documents.

1.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works.

1.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

iii. General

1.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for documents may be charged.

1.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin may

be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from

www.treasury.gov.za

iv. Standards

4.1. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

v. Use of contract documents and information; inspection.

4.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any

specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any

person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall

be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

4.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC

clause 5.1 except for purposes of performing the contract.

4.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be

returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.

4.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them

audited by auditors appointed by the purchaser, if so required by the purchaser.

vi. Patent rights

6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights

arising from use of the goods or any part thereof by the purchaser.

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1.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the

performance security of the amount specified in SCC.

1.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s

failure to complete his obligations under the contract.

1.3 The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the

purchaser and shall be in one of the following forms:

8. a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the

purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or

9. a cashier’s or certified cheque

1.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the

date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise

specified in SCC.

a.The supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties,

provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or

repair of the supplied goods.

b. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by

the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.

a. As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure

needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

7. Warranty

a. The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all

goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or

material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use of the

supplied goods in the conditions prevailing in the country of final destination.

b. This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to

and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of

loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.

c. The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

d. Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the purchaser.

e. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed to take such

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(ii) To carry out site inspections, product evaluations or explanatory meetings in order to

verify the nature and quality of the services offered by the bidder(s), whether before or

(iii) To correct any mistakes at any stage of the tender that may have been in the Bid

documents or occurred at any stage of the tender process.

(iv) To cancel and/or terminate the tender process at any stage, including after the Closing

Section e preference points claim form (sbd 6.1) 17 -24

Ence points claim form in terms of the preferential procurement regulations 2022

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

form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

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

the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes

(a) The applicable preference point system for this tender is the 80/20 preference

(b) 80/20 preference point system will be applicable in this tender. The lowest/ highest

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

claim points for specific goals with the tender, will be interpreted to mean that preference points for

specific goals are not claimed.

any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the

Preference points claim form in terms of the preferential procurement regulations 2022