What are the technical specifications?

PROVISION OF CATERING SERVICES AT SEKUTUPU OLD AGE HOME FOR A PERIOD OF 36 DESCRIPTION MONTHS BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) The Department of Social Development 21 Biccard Street (Olympic Towers Building) POLOKWANE 0700 BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTE

What are the important dates and deadlines for this tender?

{"closingDate":"28 AUGUST 2026","closingTime":"11H00"}

Who should be contacted for queries about this tender?

{"name":null,"email":"SeopaPA@dsd.limpopo.gov.za","phone":"079 699 2308","department":"OF SOCIAL DEVELOPMENT","address":"KUTUPU OLD AGE HOME FOR A PERIOD OF 36"}

Provision of Catering Services at Sekutupu Old Age Home

Evaluation Criteria

Source: Full bid document Catering Services at Sekutupu .pdf (TENDER)

Pt−Pmin

Ps= 80(1− )

Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement

Regulations, preference points must be awarded for specific goals stated in the

tender. For the purposes of this tender the tenderer will be allocated points based

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on the goals stated in table 1 below as may be supported by proof/ documentation

stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations,

which states that, if it is unclear whether the 80/20 or 90/10 preference point

system applies, an organ of state must, in the tender documents, stipulate in the

case of—

(a) an invitation for tender for income-generating contracts, that either the

80/20 or 90/10 preference point system will apply and that the highest

acceptable tender will be used to determine the applicable preference

point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference

point system will apply and that the lowest acceptable tender will be used

to determine the applicable preference point system,

then the organ of state must indicate the points allocated for specific goals for both

the 90/10 and 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table

below.

(Note to organs of state: Where the 80/20 preference point system is applicable,

corresponding points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each

preference point system.)

Number of points Number of points

claimed (80/20 system) allocated

The specific goals allocated (80/20 system) (To be completed by the

points in terms of this tender tenderer)

(To be completed

by the organ of

state)

Women 3/20

Youth 7/20

Persons with disabilities 5/20

Enterprise located in 5/20

Limpopo

Declaration with regard to company/firm

4.3. Name of company/firm......................................................................

4.4. Company registration number: ..........................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

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 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;

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.

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)

Surname and name: ................................................................

Date: ...............................................................

Address: ...............................................................

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

............................................................... of 62

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

The national treasury

Republic of South Africa

Government procurement:

General conditions of contract

July 2010

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Government procurement

General conditions of contract

July 2010

Notes

The purpose of this document is to:

(i) Draw special attention to certain general conditions

applicable to government bids, contracts and orders; and

(ii) To ensure that clients be familiar with regard to the rights

and obligations of all parties involved in doing business with

government.

In this document words in the singular also mean in the plural

and vice versa and words in the masculine also mean in the

feminine and neuter.

The General Conditions of Contract will form part of all bid

documents and may not be amended.

Special Conditions of Contract (SCC) relevant to a specific bid,

should be compiled separately for every bid (if (applicable) and

will supplement the General Conditions of Contract. Whenever

there is a conflict, the provisions in the SCC shall prevail.

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Table of clauses

Definitions
Application
General
Standards
Use of contract documents and information; inspection
Patent rights
Performance security
Inspections, tests and analysis
Packing
Delivery and documents
Insurance
Transportation
Incidental services
Spare parts

Compliance Requirements

Source: Full bid document Catering Services at Sekutupu .pdf (TENDER)

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS

Tcs pin is available but the bidder is registered on the central supplier database

Csd number

Csd number must be provided

Central supplier database

Tax compliance requirements

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS

Submit a separate tcs certificate / pin / csd number.

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

(Csd), a csd number must be provided.

Pricing schedule – firm prices

S not a requirement to register for a tax compliance status

Points Allocation: 3 points

B-BBEE Details: ACCEPT THAT THE PROCURING INSTITUTION MAY REJECT THE BID OR

Take appropriate action against me if this declaration is false.

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

Signature Date

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

Designation Name of bidder

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Sbd 6.1

Preference 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.

Nb: before completing this form, tenderers must study the

General conditions, definitions and directives applicable in

Respect of the tender and preferential procurement

Regulations, 2022

General conditions

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 included); and

the 90/10 system for requirements with a Rand value above R50 000 000

(all applicable taxes included).

1.2 To be completed by the organ of state

a) The applicable preference point system for this tender is the 90/10 preference

point system.

1.3 Points for this tender (even in the case of a tender for income-generating

contracts) shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC 100

Goals

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms

of this tender to claim points for specific goals with the tender, will be interprete

Contractual Terms

Source: Full bid document Catering Services at Sekutupu .pdf

Payment
Prices
Contract amendments
Assignment
Subcontracts
Delays in the supplier’s performance
Penalties
Termination for default
Dumping and countervailing duties
Force Majeure
Termination for insolvency
Settlement of disputes
Limitation of liability
Governing language
Applicable law
Notices
Taxes and duties
National Industrial Participation Programme (NIPP)
Prohibition of restrictive practice

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General Conditions of Contract

Definitions 1. The following terms shall be interpreted as indicated:

1.1. “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.2. “Contract” means the written agreement entered into between

the purchaser and the supplier, as recorded in the contract form

signed by the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

1.3. “Contract price” means the price payable to the supplier under

the contract for the full and proper performance of his contractual

obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or

soliciting of 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.

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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.

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1.15. “Goods” means all of the equipment, machinery, and/or other

materials that the supplier is required to supply to the purchaser

under the contract.

1.16. “Imported content” means that portion of the bidding price

represented by the cost of components, parts or materials which

have been or are still to be imported (whether by the supplier or his

subcontractors) and which costs are inclusive of the costs abroad,

plus freight and other direct importation costs such as landing costs,

dock dues, import duty, sales duty or other similar tax or duty at the

South African place of entry as well as transportation and handling

charges to the factory in the Republic where the supplies covered

by the bid will be manufactured.

1.17. “Local content” means that portion of the bidding price which is

not included in the imported content provided that local manufacture

does take place.

1.18. “Manufacture” means the production of products in a factory

using labour, materials, components and machinery and includes

other related value-adding activities.

1.19. “Order” means an official written order issued for the supply of

goods or works or the rendering of a service.

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

bidding documents.

1.21. “Purchaser” means the organization purchasing the goods.

1.22. “Republic” means the Republic of South Africa.

1.23. “SCC” means the Special Conditions of Contract.

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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.

Application 2.1. These general conditions are applicable to all bids, contracts

and orders including bids for functional and professional services,

sales, hiring, letting and the granting or acquiring of rights, but

excluding immovable property, unless otherwise indicated in the

bidding documents.

2.2. Where applicable, special conditions of contract are also laid

down to cover specific supplies, services or works.

2.3. Where such special conditions of contract are in conflict with

these general conditions, the special conditions shall apply.

General 3.1. Unless otherwise indicated in the bidding documents, the

purchaser shall not be liable for any expense incurred in the

preparation and submission of a bid. Where applicable a non-

refundable fee for documents may be charged.

3.2. With certain exceptions, invitations to bid are only published in

the Government Tender Bulletin. The Government Tender Bulletin

may be obtained directly from the Government Printer, Private Bag

X85, Pretoria 0001, or accessed electronically from

www.treasury.gov.za

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Standards 4.1. The goods supplied shall conform to the standards mentioned in

the bidding documents and specifications.

Use of contract 5.1. The supplier shall not, without the purchaser’s prior written

consent, disclose the contract, or any provision thereof, or any

Documents and

specification, plan, drawing, pattern, sample, or information

information;

furnished by or on behalf of the purchaser in connection therewith,

inspection.

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.

5.2. The supplier shall not, without the purchaser’s prior written

consent, make use of any document or information mentioned in

GCC clause 5.1 except for purposes of performing the contract.

5.3. Any document, other than the contract itself mentioned in GCC

clause 5.1 shall remain the property of the purchaser and shall be

returned (all copies) to the purchaser on completion of the supplier’s

performance under the contract if so required by the purchaser.

5.4. The supplier shall permit the purchaser to inspect the supplier’s

records relating to the performance of the supplier and to have them

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

purchaser.

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.

Performance 7.1. Within thirty (30) days of receipt of the notification of contract

security award, the successful bidder shall furnish to the purchaser the

performance security of the amount specified in SCC.

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7.2. 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.

7.3. 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:

(a) 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

(b) a cashier’s or certified cheque

7.4. 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.

Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.

tests and

analyses

8.2 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.

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8.3 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.

8.4 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.

8.5 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.

8.6 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.

8.7 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 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.

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8.8 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.

Packing 9.1. The supplier shall provide such packing of the goods as is

required to prevent their damage or deterioration during transit to

their final destination, as indicated in the contract. The packing shall

be sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packing, case size and weights

shall take into consideration, where appropriate, the remoteness of

the goods’ final destination and the absence of heavy handling

facilities at all points in transit.

9.2. The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as

shall be expressly provided for in the contract, including additional

requirements, if any, specified in SCC, and in any subsequent

instructions ordered by the purchaser.

Delivery and 10.1. Delivery of the goods shall be made by the supplier in

documents 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.

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

Insurance 11.1. The goods supplied under the contract shall be fully insured in a

freely convertible currency against loss or damage incidental to

manufacture or acquisition, transportation, storage and delivery in

the manner specified in the SCC.

Transportation 12.1. Should a price other than an all-inclusive delivered price be

required, this shall be specified in the SCC.

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Incidental 13.1. The supplier may be required to provide any or all of the

services 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;

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.

13.2. 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.

Spare parts 14.1. 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

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(ii) following such termination, furnishing at no cost to the

purchaser, the blueprints, drawings, and specifications

of the spare parts, if requested.

Warranty 15.1. 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.

15.2. 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.

15.3. The purchaser shall promptly notify the supplier in writing of any

claims arising under this warranty.

15.4. 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.

15.5. 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 remedial action as may be necessary, at the supplier’s

risk and expense and without prejudice to any other rights which

the purchaser may have against the supplier under the contract.

Payment 16.1. The method and conditions of payment to be made to the

supplier under this contract shall be specified in SCC.

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16.2. The supplier shall furnish the purchaser with an invoice

accompanied by a copy of the delivery note and upon fulfillment of

other obligations stipulated in the contract.

16.3. Payments shall be made promptly by the purchaser, but in no

case later than thirty (30) days after submission of an invoice or

claim by the supplier.

16.4. Payment will be made in Rand unless otherwise stipulated in

Scc.

Prices 17.1. Prices charged by the supplier for goods delivered and services

performed under the contract shall not vary from the prices quoted

by the supplier in his bid, with the exception of any price

adjustments authorized in SCC or in the purchaser’s request for

bid validity extension, as the case may be.

Contract 18.1. No variation in or modification of the terms of the contract shall

amendments be made except by written amendment signed by the parties

concerned.

Assignment 19.1. The supplier shall not assign, in whole or in part, its obligations

to perform under the contract, except with the purchaser’s prior

written consent.

Subcontracts 20.1. The supplier shall notify the purchaser in writing of all

subcontracts awarded under this contract if not already specified

in the bid. Such notification, in the original bid or later, shall not

relieve the supplier from any liability or obligation under the

contract.

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Delays in the 21.1. Delivery of the goods and performance of services shall be

supplier’s made by the supplier in accordance with the time schedule

performance prescribed by the purchaser in the contract.

21.2. 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 the purchaser in writing of the fact of the delay,

its likely duration and its cause(s). As soon as practicable after

receipt of the supplier’s notice, the purchaser shall evaluate the

situation and may at his 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.

21.3. No provision in a contract shall be deemed to prohibit the

obtaining of supplies or services from a national department,

provincial department, or a local authority.

21.4. 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.

21.5. Except as provided under GCC Clause 25, a delay by the

supplier in the performance of its delivery obligations shall render

the supplier liable to the imposition of penalties, pursuant to GCC

Clause 22, unless an extension of time is agreed upon pursuant to

GCC Clause 21.2 without the application of penalties.

21.6. Upon any delay beyond the delivery period in the case of a

supplies contract, the purchaser shall, without cancelling the

contract, be entitled to purchase supplies of a similar quality and

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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 22.1. Subject to GCC Clause 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, the purchaser 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. The purchaser may also consider

termination of the contract pursuant to GCC Clause 23.

Termination 23.1. The purchaser, without prejudice to any other remedy for breach

for default of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the

period(s) specified in the contract, or within any extension

thereof granted by the purchaser pursuant to GCC Clause 21.2;

(b) if the Supplier fails to perform any other obligation(s) under the

contract; or

corrupt or fraudulent practices in competing for or in executing

the contract.

23.2. In the event the purchaser terminates the contract in whole or in

part, the purchaser may procure, upon such terms and in such

manner as it deems appropriate, goods, works or services similar

to those undelivered, and the supplier shall be liable to the

purchaser for any excess costs for such similar goods, works or

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services. However, the supplier shall continue performance of the

contract to the extent not terminated.

23.3. Where the purchaser terminates the contract in whole or in part,

the purchaser may decide to impose a restriction penalty on the

supplier by prohibiting such supplier from doing business with the

public sector for a period not exceeding 10 years.

23.4. If a purchaser intends imposing a restriction on a supplier or any

person associated with the supplier, the supplier will be allowed a

time period of not more than fourteen (14) days to provide reasons

why the envisaged restriction should not be imposed. Should the

supplier fail to respond within the stipulated fourteen (14) days the

purchaser may regard the intended penalty as not objected against

and may impose it on the supplier.

23.5. Any restriction imposed on any person by the Accounting Officer

Authority will, at the discretion of the Accounting Officer / Authority,

also be applicable to any other enterprise or any partner, manager,

director or other person who wholly or partly exercises or exercised

or may exercise control over the enterprise of the first-mentioned

person, and with which enterprise or person the first-mentioned

person, is or was in the opinion of the Accounting Officer / Authority

actively associated.

23.6. If a restriction is imposed, the purchaser shall, within five (5)

working days of such imposition, furnish the National Treasury,

with the following information:

(i) the name and address of the supplier and / or person

restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

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These details will be loaded in the National Treasury’s central database

of suppliers or persons prohibited from doing business with the public

sector.

23.7. If a court of law convicts a person of an offence as contemplated

in sections 12 or 13 of the Prevention and Combating of Corrupt

Activities Act, No. , the court may also rule that such

person’s name be endorsed on the Register for Tender Defaulters.

When a person’s name has been endorsed on the Register, the

person will be prohibited from doing business with the public sector

for a period not less than five years and not more than 10 years.

The National Treasury is empowered to determine the period of

restriction and each case will be dealt with on its own merits.

According to section 32 of the Act the Register shall be open to the

public. The Register can be perused on the National Treasury

website.

Anti-dumping 24.1. When, after the date of bid, provisional payments are required,

and or antidumping or countervailing duties are imposed, or the amount

countervailing of a provisional payment or anti-dumping or countervailing right is

duties and increased in respect of any dumped or subsidized import, the State

rights is not liable for any amount so required or imposed, or for the

amount of any such increase. When, after the said date, such a

provisional payment is no longer required or any such anti-

dumping or countervailing right is abolished, or where the amount

of such provisional payment or any such right is reduced, any such

favourable difference shall on demand be paid forthwith by the

contractor to the State or the State may deduct such amounts from

moneys (if any) which may otherwise be due to the contractor in

regard to supplies or services which he delivered or rendered, or

is to deliver or render in terms of the contract or any other contract

or any other amount which may be due to him.

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Force Majeure 25.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the

supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his

delay in performance or other failure to perform his obligations

under the contract is the result of an event of force majeure.

25.2. If a force majeure situation arises, the supplier shall promptly

notify the purchaser in writing of such condition and the cause

thereof. Unless otherwise directed by the purchaser in writing, the

supplier shall continue to perform its obligations under the contract

as far as is reasonably practical, and shall seek all reasonable

alternative means for performance not prevented by the force

majeure event.

Termination 26.1. The purchaser may at any time terminate the contract by giving

for insolvency written notice to the supplier if the supplier becomes bankrupt or

otherwise insolvent. In this event, termination will be without

compensation to the supplier, provided that such termination will

not prejudice or affect any right of action or remedy which has

accrued or will accrue thereafter to the purchaser.

Settlement of 27.1. If any dispute or difference of any kind whatsoever arises

Disputes between the purchaser and the supplier in connection with or

arising out of the contract, the parties shall make every effort to

resolve amicably such dispute or difference by mutual consultation.

27.2. If, after thirty (30) days, the parties have failed to resolve their

dispute or difference by such mutual consultation, then either the

purchaser or the supplier may give notice to the other party of his

intention to commence with mediation. No mediation in respect of

this matter may be commenced unless such notice is given to the

other party.

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27.3. Should it not be possible to settle a dispute by means of

mediation, it may be settled in a South African court of law.

27.4. Mediation proceedings shall be conducted in accordance with

the rules of procedure specified in the SCC.

27.5. Notwithstanding any reference to mediation and/or court

proceedings herein,

(a) the parties shall continue to perform their respective obligations

under the contract unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the

supplier.

Limitation of 28.1. Except in cases of criminal negligence or willful misconduct, and

liability in the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential loss

or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any

obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the total

contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

Governing 29.1. The contract shall be written in English. All correspondence and

language other documents pertaining to the contract that is exchanged by

the parties shall also be written in English.

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Of 36 months.

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 applicable

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Sbd4

Bidder’s disclosure