Supply, delivery & installation of office furniture – limpopo department of social development (3-Year tender)

Bidders must not be persons in the service of the state, companies with directors in state service, or close corporations with such members. Foreign suppliers must answer a questionnaire regarding residency, branch, permanent establishment, income source, and tax liability in South Africa. Bidders must not be listed in the Register for Tender Defaulters or List of Restricted Suppliers. They must comply with tax obligations and provide necessary tax compliance documentation. Joint ventures, consortia, or subcontractors must each submit separate tax compliance documents.

For a period of three (3) years

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

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

(Proof of authority must be submitted e.g. company resolution)

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

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Dsd 3.1

Pricing schedule – firm prices

(Purchases)

Note: only firm prices will be accepted. Non-firm prices

(Including prices subject to rates of exchange

Variations) will not be considered

Tax compliance status

Tax compliance requirements

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

Tcs pin is available but the bidder is registered on the central supplier database (csd), a csd

Csd number

Csd number must be provided

Central supplier database (csd), a csd

2. Tax compliance requirements

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

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

Pricing schedule – firm prices

, Then IT is 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

1. 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 interpre

16. Payment

17. Prices

18. Contract amendments

19. Assignment

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20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

34. Prohibition of restrictive practices

General Conditions of Contract

1. 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.

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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.

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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 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.

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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.

2. 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.

3. 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

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from the Government Printer, Private Bag X85, Pretoria

0001, or accessed electronically from

www.treasury.gov.za

4. Standards 4.1. The goods supplied shall conform to the standards

mentioned in the bidding documents and specifications.

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

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

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

inspection. 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.

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.

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

security contract award, the successful bidder shall furnish to the

purchaser the performance security of the amount specified

in SCC.

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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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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13. 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;

(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.

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.

14. 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.

15. 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.

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

supplier under this contract shall be specified in SCC.

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.

17. 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.

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

amendments shall be made except by written amendment signed by the

parties concerned.

19. 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.

20. 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.

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

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

performance schedule prescribed by the purchaser in the contract.

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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 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

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and without prejudice to his other rights, be entitled to claim

damages from the supplier.

22. 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.

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

for default breach 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

(c) if the supplier, in the judgment of the purchaser, has

engaged in 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 services. However,

the supplier shall continue performance of the

contract to the extent not terminated.

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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 must, 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.

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

database of suppliers or persons prohibited from doing business

with the public sector.

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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 must be open to the

public. The Register can be perused on the National

Treasury website.

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

and required, or antidumping or countervailing duties are

countervailing imposed, or the amount of a provisional payment or anti-

duties and dumping or countervailing right is increased in respect of

rights any dumped or subsidized import, the State 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.

25. 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.

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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.

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

for insolvency giving 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.

27. 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.

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,

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(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.

28. Limitation of 28.1. Except in cases of criminal negligence or wilful

liability misconduct, and 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.

29. Governing 29.1. The contract shall be written in English. All

language correspondence and other documents pertaining to the

contract that is exchanged by the parties shall also be

written in English.

30. Applicable law 30.1. The contract shall be interpreted in accordance with South

African laws, unless otherwise specified in SCC.

31. Notices 31.1. Every written acceptance of a bid shall be posted to the

supplier concerned by registered or certified mail and

any other notice to him shall be posted by ordinary mail to

the address furnished in his bid or to the address notified

later by him in writing and such posting shall be deemed

to be proper service of such notice.

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furniture at various facilities or offices of

the Limpopo department of social

development for a period of three (3)

years

• 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

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;

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.

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

Signature(s) of tenderer(s)

Bidder’s disclosure

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

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

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

inspection. 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.

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.

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

security contract award, the successful bidder shall furnish to the

purchaser the performance security of the amount specified

in SCC.

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.

8. 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.

9. 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.

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.

10. 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.

11. 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.

12. 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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13. 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;

(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.

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.

14. 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.

15. 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.

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

supplier under this contract shall be specified in SCC.

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.

17. 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.

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

amendments shall be made except by written amendment signed by the

parties concerned.

19. 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.

20. 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.

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

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

performance schedule prescribed by the purchaser in the contract.

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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 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

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and without prejudice to his other rights, be entitled to claim

damages from the supplier.

22. 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.

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

for default breach 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

(c) if the supplier, in the judgment of the purchaser, has

engaged in 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 services. However,

the supplier shall continue performance of the

contract to the extent not terminated.

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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

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

and required, or antidumping or countervailing duties are

countervailing imposed, or the amount of a provisional payment or anti-

duties and dumping or countervailing right is increased in respect of

rights any dumped or subsidized import, the State 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.

25. 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.

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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.

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

for insolvency giving 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.

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

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.

unless such notice is given to the other party.

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,

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(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.

28. Limitation of 28.1. Except in cases of criminal negligence or wilful

liability misconduct, and 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.

29. Governing 29.1. The contract shall be written in English. All

language correspondence and other documents pertaining to the

contract that is exchanged by the parties shall also be

written in English.

30. Applicable law 30.1. The contract shall be interpreted in accordance with South

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

4. Points awarded for specific goals

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

Procurement Regulations, preference points must be awarded for specific

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goals stated in the tender. For the purposes of this tender the tenderer will

be allocated points based on the goals stated in table 1 below as may be

supported by proof/ documentation stated in the conditions of this 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 4

Persons with disabilities 4

Promotion of Youth 6

Enterprise located in 6

Limpopo

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Declaration with regard to company/firm

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

4.4. Company registration number:

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

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 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.

(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.

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

Signature(s) of tenderer(s)

Bidder’s disclosure

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

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

3. Purpose of the form

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

Any person (natural or juristic) may make an offer or offers in terms of this

invitation to bid................................................................In line with the principles of transparency, accountability,

impartiality, and...............................................................ethics as enshrined in the Constitution of the Republic of

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

South Africa and further expressed in various pieces of legislation, it is

required for the bidder to make this declaration in respect of the details

required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and / or the

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The national treasury

Republic of South Africa

Government procurement:

General conditions of contract

July 2010

Government procurement

General conditions of contract

July 2010

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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.

Table of clauses

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information; inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

14. Spare parts