FOSRBY-RFP-09-26/27 request for proposal (RFP) for the provision of f4 tank rubber and bricks refurbishment for a period of 4 months

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Returnable Documents: All returnable documents listed in the RFX Documents must be submitted with Respondent’s Bid. Failure to submit mandatory returnable schedules / documents will result in disqualification. Failure to submit other schedules / documents may result in disqualification. 12 DEFAULTS BY RESPONDENTS If the Respondent, after it has been notified of the acceptance of its Bid fails to: 12.1 enter into a formal contract when called upon to do so within such period as Foskor may specify; or 12.2 accept an order in terms of the Bid; 12.3 furnish satisfactory security when called upon to do so for the fulfilment of the contract; or 12.4 comply with any condition imposed by Foskor, Foskor may, in any such case, without prejudice to any other legal remedy which it may have, proceed to accept any other Bid or, if it is necessary to do so, call for Bids afresh, and may recover from the defaulting Respondent any additional expense incurred by Foskor in calling for new offers or in accepting a less favourable offer. 13 CURRENCY All monetary amounts referred to in a Bid response must be in Rand, the currency of the Republic of South Africa [ZAR], save to the extent specifically permitted in the RFP. 14 PRICES SUBJECT TO CONFIRMATION 14.1 Prices which are quoted subject to confirmation will not be considered. 14.2 Firm prices quoted for the duration of any resulting order and/or contract will receive precedence over prices which are subject to fluctuation if this is in Foskor’s best interests. 15 ALTERATIONS MADE BY THE RESPONDENT TO BID PRICES All alterations made by the Respondent to its Bid price(s) prior to the submission of its Bid Documents must be done by deleting the incorrect figures and words where required and by inserting the correct figures and words against the items concerned. All such alterations must be initialled by the person who signs the Bid Documents. Failure to observe this requirement may result in the particular item(s) concerned being excluded in the matter of the award of the business. 16 EXCHANGE AND REMITTANCE 16.1 The Respondent should note that where the whole or a portion of the contract or order value is to be remitted overseas, Foskor shall, if requested to do so by the Supplier/Service Provider, effect payment overseas directly to the foreign principal or manufacturer of such percentage of the contract or order value as may be stipulated by the Respondent in its Bid Documents. 16.2 It is Foskor’s preference to enter into Rand-based agreements. Foskor would request, therefore, that the Respondent give favourable consideration to obtaining forward exchange cover on the foreign currency portion of the Agreement at a cost that is acceptable to Foskor to protect itself against any currency rate fluctuation risks for the duration of any resulting contract or order. of 14 Foskor General Bid Conditions 16.3 The Respondent who desires to avail itself of the aforementioned facility must at the time of bidding furnish the information called for in the Exchange and Remittance section of the Bid Documents and also furnish full details of the principals or manufacturer to whom payment is to be made. 16.4 The South African Reserve Bank’s approval is required before any foreign currency payments can be made to or on behalf of Respondents. 16.5 Foskor will not recognise any claim for adjustment of the order and/or contract price if the increase in price arises after the date on which the Goods/Services were to be delivered, as set out in the order and/or contract, or any subsequent agreement between the parties. 16.6 Foskor reserves the right to request a pro-forma invoice/tax invoice in order to ensure compliance with the contract and Value-Added Tax Act no. [VAT Act]. 17 ACCEPTANCE OF BID 17.1 Foskor does not bind itself to accept the lowest priced or any Bid. 17.2 Foskor reserves the right to accept any Bid in whole or in part. 17.3 Upon the acceptance of a Bid by Foskor, the parties shall be bound by these General Bid Conditions and any contractual terms and/or any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 17.4 Where the Respondent has been informed by Foskor of the acceptance of its Bid, the acknowledgement of receipt transmitted shall be regarded as proof of delivery to the Respondent. 18 NOTICE TO UNSUCCESSFUL RESPONDENTS 18.1 Unsuccessful Respondents shall be advised in writing that their Bids have not been accepted as soon as possible after the closing date of the Bid. On award of business to the successful Respondent all unsuccessful Respondents must be informed of the name of the successful Respondent and of the reason as to why their Bids had been unsuccessful. 19 TERMS AND CONDITIONS OF CONTRACT 19.1 The Supplier/Service Provider shall adhere to the Terms and Conditions of Contract issued with the Bid Documents, together with any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 19.2 Should the Respondent find any conditions unacceptable, it should indicate which conditions are unacceptable and offer amendments/ alternatives by written submission on a company letterhead. Any such submission shall be subject to review by Foskor’s Legal Counsel who shall determine whether the proposed amendments /alternative(s) are acceptable or otherwise, as the case may be. 20 CONTRACT DOCUMENTS 20.1 The contract documents will comprise these General Bid Conditions, the Terms and Conditions of Contract and any schedule of “Special Conditions” which form part of the Bid Documents. 20.2 The abovementioned documents together with the Respondent’s Bid response will constitute the contract between the parties upon receipt by the Respondent of Foskor’s letter of acceptance / intent, subject to all additional amendments and/or special conditions thereto as agreed to by the parties. 20.3 Should Foskor inform the Respondent that a formal contract will be signed, the abovementioned documents together with the Respondent’s Bid response [and, if any, its covering letter and any of 14 Foskor General Bid Conditions subsequent exchange of correspondence] as well as Foskor’s Letter of Acceptance/Intent, shall constitute a binding contract until the final contract is signed. 21 LAW GOVERNING CONTRACT The law of the Republic of South Africa shall govern the contract created by the acceptance of a Bid. The domicilium citandi et executandi shall be a place in the Republic of South Africa to be specified by the Respondent in its Bid at which all legal documents may be served on the Respondent who shall agree to submit to the jurisdiction of the courts of the Republic of South Africa. A foreign Respondent shall, therefore, state in its Bid the name of its authorised representative in the Republic of South Africa who is empowered to sign any contract which may be entered into in the event of its Bid being accepted and to act on its behalf in all matters relating to the contract. 22 IDENTIFICATION If the Respondent is a company, the full names of the directors shall be stated in the Bid. If the Respondent is a close corporation, the full names of the members shall be stated in the Bid. If the Respondent is a partnership or an individual trading under a trade name, the full names of the partners or of such individual, as the case may be, shall be furnished. 23 RESPONDENT'S SAMPLES 23.1 If samples are required from Respondents, such samples shall be suitably marked with the Respondent's name and address, the Bid number and the Bid item number and must be despatched in time to reach the addressee as stipulated in the Bid Documents on or before the closing date of the Bid. Failure to submit samples by the due date may result in the rejection of a Bid. 23.2 Foskor reserves the right to retain samples furnished by Respondents in compliance with Bid conditions. 23.3 Payment will not be made for a successful Respondent’s samples that may be retained by Foskor for the purpose of checking the quality and workmanship of Goods/Services delivered in execution of a contract. 23.4 If Foskor does not wish to retain unsuccessful Respondents’ samples and the Respondents require their return, such samples may be collected by the Respondents at their own risk and cost. 24 SECURITIES 24.1 The successful Respondent, when called upon to do so, shall provide security to the satisfaction of Foskor for the due fulfilment of a contract or order. Such security shall be in the form of a Deed of Suretyship [Deed of Suretyship] furnished by an approved bank, building society, insurance or guarantee corporation carrying on business in South Africa. 24.2 The security may be applied in whole or part at the discretion of Foskor to make good any loss or damage which Foskor may incur in consequence of a breach of the contract or any part thereof. 24.3 Such security, if required, shall be an amount which will be stipulated in the Bid Documents. 24.4 Additional costs incurred by Foskor necessitated by reason of default on the part of the Supplier/Service Provider in relation to the conditions of this clause 24 will be for the account of the Supplier/Service Provider. of 14 Foskor General Bid Conditions 25 PRICE AND DELIVERY BASIS FOR GOODS 25.1 Unless otherwise specified in the Bid Documents, the prices quoted for Goods must be on a Delivered Commented [RS1]: Check incoterms Duty Paid [ICC Incoterms 2010] price basis in accordance with the terms and at the delivery point or points specified in Foskor's Bid Documents. Bids for supply on any other basis of delivery are liable to disqualification. The lead time for delivery stated by the Respondent must be inclusive of all non- working days or holidays, and of periods occupied in stocktaking or in effecting repairs to or overhauling plant, which would ordinarily occur within the delivery period given by the Respondent. 25.2 Respondents must furnish their Bid prices in the Price Schedule of the Bid Documents on the following basis, Local Supplies - Prices for Goods to be manufactured, produced or assembled in the Republic of South Africa, or imported supplies held in South Africa, to be quoted on a Delivered RSA named destination basis., Imported Supplies - Prices for Goods to be imported from all sources to be quoted on a Delivered Duty Paid [ICC Incoterms 2010] basis, to end destination in South Africa, unless otherwise specified in the Bid Price Schedule. 26 EXPORT LICENCE The award of a Bid for Goods to be imported may be subject to the issue of an export licence in the country of origin or supply. If required, the Supplier/Service Provider’s manufacturer or forwarding agent shall be required to apply for such licence. 27 QUALITY OF MATERIAL Unless otherwise stipulated, the Goods offered shall be NEW i.e. in unused condition, neither second-hand nor reconditioned. 28 DELETION OF ITEMS EXCLUDED FROM BID The Respondent must delete items for which it has not tendered or for which the price has been included elsewhere in its Bid. 29 VALUE-ADDED TAX 29.1 In respect of local supplies, i.e. Goods to be manufactured, produced or assembled in the Republic of South Africa, or imported supplies held or already in transit to South Africa, the prices quoted by the Respondent are to be exclusive of VAT which must be shown separately at the standard rate on the Tax Invoice. 29.2 In respect of foreign Services rendered, the invoicing by a South African Service Provider on behalf of its foreign principal rendering such Service represents a Service rendered by the principal; and, the Service Provider’s Tax Invoice(s) for the local portion only [i.e. the "commission" for the Services rendered locally] must show the VAT separately. 30 IMPORTANT NOTICE TO RESPONDENTS REGARDING PAYMENT 30.1 Method of Payment, The attention of the Respondent is directed to the Terms and Conditions of Contract which set out the conditions of payment on which Bid price(s) shall be based. of 14 Foskor General Bid Conditions, However, in addition to the aforegoing the Respondent is invited to submit offers based on alternative methods of payment and/or financing proposals., The Respondent is required to give full particulars of the terms that will be applicable to its alternative offer(s) and the financial merits thereof will be evaluated and taken into consideration when the Bid is adjudicated., The Respondent must, therefore, in the first instance, tender strictly in accordance with clause 30.1 (a) above. Failure to comply with clause 30.1 (a) above may preclude a Bid from further consideration. NOTE: The successful Respondent [the Supplier/Service Provider] shall, where applicable, be required to furnish a guarantee covering any advance payments. 30.2 Conditional Discount Respondents offering prices which are subject to a conditional discount applicable for payment within a specific period are to note that the conditional period will be calculated as from the date of receipt by Foskor of the Supplier/Service Provider’s month-end statement reflecting the relevant Tax Invoice(s) for payment purposes, provided the conditions of the order or contract have been fulfilled and the Tax Invoice is correct in all respects as referred to in the contract or order. Incomplete and/or incorrect Tax Invoices shall be returned and the conditional period will be recalculated from the date of receipt of the correct documentation. 31 CONTRACT QUANTITIES AND DELIVERY REQUIREMENTS 31.1 Contract Quantities, It must be clearly understood that although Foskor does not bind itself to purchase a definitive quantity under any contract which may be entered into pursuant to this Bid, the successful Respondent nevertheless undertakes to supply against the contract such quantities as may be ordered against the contract, which orders are posted or delivered by hand or transmitted electronically on or before the expiry date of such contract., It is furthermore a condition that Foskor will not accept liability for any material/stocks specially ordered or carried by the Respondent with a view to meeting the requirements under any such contract., The estimated planned quantities likely to be ordered by Foskor per annum are furnished in relevant section of the Bid Documents. For avoidance of doubt the estimated quantities are estimates and Foskor reserves the right to order only those quantities sufficient for its operational requirements. 31.2 Delivery Period, Period Contracts and Fixed Quantity Requirements It will be a condition of any resulting contract/order that the delivery period embodied therein will be governed by the provisions of the Terms and Conditions of Contract., Progress Reports The Supplier/Service Provider may be required to submit periodical progress reports with regard to the delivery of the Goods/Services., Emergency Demands as and when required of 14 Foskor General Bid Conditions If, due to unforeseen circumstances, supplies of the Goods/Services covered by the Bid are required at short notice for immediate delivery, the Supplier/Service Provider will be given first right of refusal for such business. If it is unable to meet the desired critical delivery period, Foskor reserves the right to purchase such supplies as may be required to meet the emergency outside the contract if immediate delivery can be offered from any other source. The TotalorPartialFailuretoPerformtheScopeofSupplysection in the Terms and Conditions of Contract will not be applicable in these circumstances. 32 PLANS, DRAWINGS, DIAGRAMS, SPECIFICATIONS AND DOCUMENTS 32.1 Copyright Copyright in plans, drawings, diagrams, specifications and documents compiled by the Supplier/Service Provider for the purpose of contract work shall be governed by the Intellectual Property Rights section in the Terms and Conditions of Contract. 32.2 Drawings and specifications In addition to what may be stated in any Bid Document, the Respondent should note that, unless notified to the contrary by Foskor or a designated official by means of an official amendment to the Bid Documents, it is required to tender for Goods/Services strictly in accordance with the drawings and/or specifications supplied by Foskor, notwithstanding that it may be aware that alterations or amendments to such drawings or specifications are contemplated by Foskor. 32.3 Respondent’s drawings Drawings required to be submitted by the Respondent must be furnished before the closing time and date of the Bid. The non-receipt of such drawings by the appointed time may disqualify the Bid. 32.4 Foreign specifications The Respondent quoting for Goods/Services in accordance with foreign specifications, other than British and American standards, is to submit translated copies of such specifications with the Bid. In the event of any departures or variations between the foreign specification(s) quoted in the Bid Documents, full details regarding such departures or variations must be furnished by the Respondent in a covering letter attached to the Bid. Non-compliance with this condition may result in disqualification. 33 BIDS BY OR ON BEHALF OF FOREIGN RESPONDENTS 33.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its South African representative or agent to the Secretary of the Acquisition Council or to a designated official of Foskor according to whichever officer is specified in the Bid Documents. 33.2 In the case of a representative or agent, written proof must be submitted to the effect that such representative or agent has been duly authorised to act in that capacity by the principal. Failure to submit such authorisation by the representative or agent shall disqualify the Bid. 33.3 When legally authorised to prepare and submit Bids on behalf of their principals not domiciled in the Republic of South Africa, representatives or agents must compile the Bids in the names of such principals and sign them on behalf of the latter. 33.4 South African representatives or agents of a successful foreign Respondent must when so required enter into a formal contract in the name of their principals and must sign such contract on behalf of the latter. In every such case a legal Power of Attorney from their principals must be furnished to of 14 Foskor General Bid Conditions Foskor by the South African representative or agents authorising them to enter into and sign such contract., Such Power of Attorney must comply with Rule 63 (Authentication of documents executed outside the Republic for use within the Republic) of the Uniform Rules of Court: Rules regulating the conduct of the proceedings of the several provincial and local divisions of the Supreme Court of South Africa., The Power of Attorney must be signed by the principal under the same title as used in the Bid Documents., If a Power of Attorney held by the South African representative or agent includes matters of a general nature besides provision for the entering into and signing of a contract with Foskor, a certified copy thereof should be furnished., The Power of Attorney must authorise the South African representative or agent to choose the domiciliumcitandietexecutandi. 33.5 If payment is to be made in South Africa, the foreign Supplier/Service Provider [i.e. the principal, or its South African agent or representative], must notify Foskor in writing whether, for payment by electronic funds transfer [EFT], funds are to be transferred to the credit of the foreign Supplier/Service Provider's account at a bank in South Africa, in which case the name and branch of such bank shall be furnished; or, funds are to be transferred to the credit of its South African agent or representative, in which case the name and branch of such bank shall be furnished. 33.6 The attention of the Respondent is directed to clause 24 above [Securities] regarding the provision of security for the fulfilment of contracts and orders and the manner and form in which such security is to be furnished. 34 CONFLICT WITH ISSUED RFX DOCUMENT 34.1 Should a conflict arise between these General Bid Conditions and the issued RFX document, the conditions stated in the RFX document shall prevail. 35 DATABASE OF RESTRICTED SUPPLIERS (BLACKLISTING) 35.1 All the stipulations on Foskor’s blacklisting process as laid down in Foskor’s Supply Chain Policy and Commented [RS2]: Do we have PPM Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this blacklisting procedure. 35.2 Blacklisting is a mechanism used to exclude a company/person from future business with Foskor and other organs of state for a specified period. On completion of the blacklisting process, the blacklisted entity’s details will be placed on National Treasury’s Database of Restricted Suppliers for the specified period of exclusion. 35.3 The decision to blacklist is based on one of the grounds for blacklisting. The standard of proof to commence the blacklisting process is whether a “prima facie” (i.e. on the face of it) case has been established. 35.4 Depending on the seriousness of the misconduct and the strategic importance of the Goods/Services, in addition to blacklisting a company/person from future business, Foskor may decide to terminate some or all existing contracts with the company/person as well. of 14 Foskor General Bid Conditions 35.5 A supplier/service provider or contractor to Foskor may not subcontract any portion of the contract to a blacklisted company. 35.6 Grounds for blacklisting include: If any person/Enterprise which has submitted a Bid, concluded a contract, or, in the capacity of agent or subcontractor, has been associated with such Bid or contract, Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt of Bids;, has, after being notified of the acceptance of his Bid, failed or refused to sign a contract when called upon to do so in terms of any condition forming part of the bid documents;, has carried out any contract resulting from such bid in an unsatisfactory manner or has breached any condition of the contract;, has offered, promised or given a bribe in relation to the obtaining or execution of the contract;, has acted in a fraudulent or improper manner or in bad faith towards Foskor or any Government Department or towards any public body, Enterprise or person;, has made any incorrect statement in a certificate or other communication with regard to the Local Content of his Goods or his B-BBEE status and is unable to prove to the satisfaction of Foskor that: (i) he made the statement in good faith honestly believing it to be correct; and (ii) before making such statement he took all reasonable steps to satisfy himself of its correctness;, caused Foskor damage, or to incur costs in order to meet the contractor’s requirements and which could not be recovered from the contractor;, has litigated against Foskor in bad faith. 35.7 Foskor recognizes that trust and good faith are pivotal to its relationship with its suppliers/service providers. When a dispute arises between Foskor and its supplier/service provider, the parties should use their best endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation in bad faith negates the principles of trust and good faith on which commercial relationships are based. Accordingly, Foskor will not do business with a company that litigates against it in bad faith or is involved in any action that reflects bad faith on its part. Litigation in bad faith includes, but is not limited to the following instances, Vexatious proceedings. These are frivolous proceedings which have been instituted without proper grounds;, Returnable Documents means all the documents, Sections and Annexures, as listed in the tables below. There are three types of returnable documents as indicated below and Respondents are urged to ensure that these documents are returned with their bids based on the consequences of non-submission as indicated below: Mandatory Returnable Documents Failure to provide all these Mandatory Returnable Documents at the Closing Date and time of this RFP will result in a Respondent’s disqualification. Returnable Documents Used for Failure to provide all Returnable Documents used for purposes of scoring a bid, by the closing Scoring date and time of this bid will not result in a Respondent’s disqualification. However, Bidders will receive an automatic score of zero for the applicable evaluation criterion. Essential Returnable Documents Failure to provide essential Returnable Documents will result in Foskor affording Respondents a further opportunity to submit by a set deadline. Should a Respondent thereafter fail to submit the requested documents, this may result in a Respondent’s disqualification. All Returnable Sections, as indicated in the header and footer of the relevant pages, must be signed, stamped and dated by the Respondent., Mandatory Returnable Documents Respondents are required to submit with their bid submissions the following Mandatory Returnable Documents, and also to confirm submission of these documents by so indicating [Yes or No] in the tables below: SUBMITTED MANDATORY RETURNABLE DOCUMENTS [Yes/No] SECTION 4 : Pricing and Delivery Schedule ANNEXURE Technical Pre-Qualification/Legal /minimum requirement ANNEXURE : Technical Submission/Questionnaire Valid CIDB Grading Certificate, Returnable Documents Used for Scoring In addition to the requirements of section (a) above, Respondents are further required to submit with their Proposals the following Returnable Documents Used for Scoring and also to confirm submission of these documents by so indicating [Yes or No] in the table below: SUBMITTED RETURNABLE DOCUMENTS USED FOR SCORING [Yes or No] Valid proof of Respondent’s compliance to B-BBEE requirements stipulated in Section 9 of this RFP Insert any documents to be used for the technical evaluation that will not result in disqualification but a score of zero for that aspect of the technical evaluation, e.g. number of references or CVs required., Essential Returnable Documents: ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-09-26/27 Over and the above the requirements of section (a) and (b) mentioned above, Respondents are further required to submit with their Proposals the following Essential Returnable Documents and also to confirm submission of these documents by so indicating [Yes or No] in the table below: SUBMITTED ESSENTIAL RETURNABLE DOCUMENTS & SCHEDULES [Yes or No] In the case of Joint Ventures, a copy of the Joint Venture Agreement or written confirmation of the intention to enter into a Joint Venture Agreement Latest Financial Statements signed by your Accounting Officer or latest Audited Financial Statements plus 2 previous years SECTION 1: SBD1 FORM SECTION 5 : Proposal Form and List of Returnable documents SECTION 6 : Certificate Of Acquaintance with RFP, Terms & Conditions & Applicable Documents SECTION 7 : RFP Declaration and Breach of Law Form SECTION 9: B-BBEE Preference Points claim form SECTION 10 : Certificate of attendance of compulsory / non-compulsory Site Meeting / RFP Briefing SECTION : Protection of Personal Information CSD Registration report CONTINUED VALIDITY OF RETURNABLE DOCUMENTS The successful Respondent will be required to ensure the validity of all returnable documents, including but not limited to its valid proof of B-BBEE status, for the duration of any contract emanating from this RFP. Should the Respondent be awarded the contract [the Agreement] and fail to present Foskor with such renewals as and when they become due, Foskor shall be entitled, in addition to any other rights and remedies that it may have in terms of the eventual Agreement, to terminate such Agreement immediately without any liability and without prejudice to any claims which Foskor may have for damages against the Respondent. SIGNED at ___________________________ on this _____ day of __________________________ 20___ SIGNATURE OF WITNESSES ADDRESS OF WITNESSES 1 _____________________ _______________________________________ Name _________________ _______________________________________ 2 _____________________ _______________________________________ Name _________________ _______________________________________ SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: ___________________________ NAME: ____________________________________________ DESIGNATION: _____________________________________ ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-09-26/27 SECTION 6: CERTIFICATE OF ACQUAINTANCE WITH RFP, MASTER AGREEMENT/FOSKOR STANDARD TERMS AND CONDITIONS & APPLICABLE DOCUMENTS By signing this certificate the Respondent is deemed to acknowledge that he/she has made himself/herself thoroughly familiar with and agrees with all the conditions governing this RFP. This includes those terms and conditions contained in any printed form stated to form part hereof, including but not limited to the documents stated below. As such, Foskor SOC Ltd will recognise no claim for relief based on an allegation that the Respondent overlooked any such term or condition or failed properly to take it into account for the purpose of calculating tendered prices or any other purpose: 1 Foskor’s General Bid Conditions 2 Master Agreement and SLA attached/Foskor Standard Terms and Conditions 3 Foskor’s Supplier Integrity Pact 4 Non-disclosure Agreement 5 Specifications and drawings attached to this RFP Note: Should a Respondent be successful and awarded the bid, they will be required to complete a Supplier Declaration Form for registration as a vendor onto the Foskor vendor master database. Should the Bidder find any terms or conditions stipulated in any of the relevant documents quoted in the RFP unacceptable, it should indicate which conditions are unacceptable and offer alternatives by written submission on its company letterhead, attached to its submitted Bid. Any such submission shall be subject to review by Foskor’s Legal Counsel who shall determine whether the proposed alternative(s) are acceptable or otherwise, as the case may be. A material deviation from any term or condition may result in disqualification. Bidders accept that an obligation rests on them to clarify any uncertainties regarding any bid to which they intend to respond on, before submitting the bid. The Bidder agrees that he/she will have no claim or cause of action based on an allegation that any aspect of this RFP was unclear but in respect of which he/she failed to obtain clarity. The bidder understands that his/her Bid will be disqualified if the Certificate of Acquaintance with RFP documents included in the RFP as a returnable document, is found not to be true and complete in every respect. SIGNED at ___________________________ on this _____ day of __________________________ 20___ SIGNATURE OF WITNESSES ADDRESS OF WITNESSES 1 _____________________ _______________________________________ Name _________________ _______________________________________ 2 _____________________ _______________________________________ Name _________________ _______________________________________ SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: ___________________________ NAME: ____________________________________________ DESIGNATION: _____________________________________ ____________________ ____________________ Respondent’s Signature Date and Company Stamp

Unable to extract eligibility criteria

appointment, voting

rights, management agreement, or agreement of any kind, to control or

direct, directly or indirectly, the board or executive body or decision

making process or management of the Supplier;

provided that the Causal Events set forth in sub clauses 2.7.3, 2.7.4, 2.7.5 and

2.7.6 shall be deemed to be Causal Events, if Foskor, acting in good

26 price and delivery basis for goods ............................................................................................. 8 32 contract quantities and delivery requirements ...................................................................... 9

supply a certificate signed by a director as to its full compliance with the

requirements of clause 3.3.2 above.

4. Announcements

4.1 Neither party will make or permit to be made any announcement or disclosure of its prospective interest

in the Bid without the prior written consent of the other party.

4.2 Neither party shall make use of the other p

conformity to the defined specifications of the works, goods and services; and

maintenance

Regular inspections

performed

Regular preventative

maintenance

The Phosphoric Acid Plant, F4 tank is currently undergoing refurbishment, with major repairs in progress to restore the tank

to good condition. A key activity in this scope is the procurement of 5mm thick butyl rubber and installation, installation of

carbon brick lining (i.e., the internal surface of the tank). Specialist services will therefore be required to safely install double

layer of 5mm thick butyl rubber on the tank floor and shell and 65mm carbon bricks.

2. Executive overview

Whereas Foskor is seeking a partner(s) to provide solutions nationally, it also seeks to improve its current processes for

providing these Goods/Services to its end user community throughout its locations.

The selected Supplier/Service provider(s) must share in the mission and business objectives of Foskor. These mutual goals

will be met by meeting contractual requirements and new challenges in an environment of teamwork, joint participation,

flexibility, innovation and open communications. In this spirit of partnership, Foskor and its Supplier/Service provider(s) will

study the current ways they do business to enhance current practices and support processes and systems. Such a partnership

will allow Foskor to reach higher levels of quality, service and profitability.

Specifically, Foskor seeks to benefit from this partnership in the following ways:

2.1 Foskor must receive reduced cost of acquisition and improved service benefits resulting from the Supplier/Service

provider’s economies of scale and streamlined service processes.

2.2 Foskor must achieve appropriate availability that meets user needs while reducing costs for both Foskor and the

chosen Supplier/Service provider(s).

2.3 Foskor must receive proactive improvements from the Supplier/Service provider with respect to supply/provision of

Goods/Services and related processes.

2.4 Foskor’s overall competitive advantage must be strengthened by the chosen Supplier/Service provider’s leading-edge

technology and service delivery systems.

2.5 Foskor end users must be able to rely on the chosen Supplier/Service provider’s personnel for service enquiries,

recommendations and substitutions.

2.6 Foskor must reduce costs by streamlining its acquisition of Goods/Services, including managed service processes on

a Group basis.

3. Scope of requirements

The bidder is required to supply and install 5mm thick butyl rubber double layer on the tank shell complete to the roof and the entire

floor but excluding the actual roof of the tank,

The Supplier is also required to install acid brick lining on the entire floor of the tank and shell up to a height of 1meter.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

• Supply of Bedding and jointing cement and Binding agent –Phenolic Resin suitable for application in phosphoric acid tanks for

the specified square meters of brick lining out line on the table C.7.1 below.

• Supply of 5mm thick chemically cured butyl rubber for application in the tank square meterage on the table C.7.1 below (the

supplier is expected to store the rubber in an airconditioned storage to preserve its quality until the rubber is required on site for

installation)

Activity Specification

Stripping of old bricks 587.15 sqm

Stripping of old rubber 1727.91 sqm

Procurement of 5mm thick butyl rubber cured (two layers) 1727.91 sqm x 2

Surface preparation buffing and grinding the tank shell and floor 1727.91 sqm

Abrasive blasting to achieve a near-white or white metal finish 1727.91 sqm

(SA21⁄2 or SA3) with a specific surface profile roughness of 50 –

100 microns to maximize adhesion,

Installation of first layer butyl rubber 1727.91sqm

Installation of second layer butyl rubber 1727.91 sqm

Installation of 65mm thick carbon bricks floor and shell up to 1m 587.15 sqm

height

4. Green economy / carbon footprint

Foskor wishes to have an understanding of your company’s position with regard to environmental commitments, including key

environmental characteristics such as waste disposal, recycling and energy conservation. Please submit details of your

entity’s policies in this regard.

5. General supplier/service provider obligations

5.1 The Service provider(s) shall be fully responsible to Foskor for the acts and omissions of persons directly or indirectly

employed by them.

5.2 The Service provider(s) must comply with the requirements stated in this RFP.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

6. Evaluation methodology

Foskor will utilise the following methodology and criteria in selecting a preferred Service provider:

Stage 1:

Stage 2 stage 3 test for responsiveness

Step 3 Step 1 Step 2 Step 4 Step 5 Step 6 Step 7

Administrative Substantive MINIMUM

Weighted scoring responsiveness responsiveness THRESHOLDS

/ 100***

Returnable Pre-

Functionality/ technical Price Post tender documents/ qualification

70 % points (80) negotiation Selection of the schedules

Minimum Threshold with preferred preferred bidder. Award of

bidder [2nd business

and 3rd ranked (Objective criterion and

BBBEE bidders (if to justify award to conclusion

Scorecard required) in a someone other of contract

(20) sequential and than the highest

not ranked bidder must

simultaneous have been stated

manner] if in the bid

Technical Pre-qualification WEIGHTED pricing is not documents and

Criteria/minimum SCORE market-related can be used at this

requirements/legal requirements stage, if applicable)

-Submission of CIDB 5ME grading

-Submission of site inspection Technical / Functional

certificate criteria & weightings

must be stipulated in the-Submission of SACPCMP

tender documentCertificate for safety Officer

NB: Evaluation of the various stages will normally take place in a sequential manner. However, in order to expedite the process, Foskor

reserves the right to conduct the different steps of the evaluation process in parallel. In such instances the evaluation of bidders at any

given stage must not be interpreted to mean that bidders have necessarily passed any previous stage(s)

6.1 STEP ONE: Test for Administrative Responsiveness

The test for administrative responsiveness will include the following:

Administrative responsiveness check RFP Reference

● Whether the Bid has been lodged on time Section 2 paragraph 3

● Whether all Returnable Documents and/or schedules [where applicable] were Section 5

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

completed and returned by the closing date and time

● Verify the validity of all returnable documents Section 5

● Verify if the Bid document has been duly signed by the authorised respondent All sections

The test for administrative responsiveness [Step One] must be passed for a Respondent’s Proposal to

progress to Step Two for further pre-qualification

6.2 STEP TWO: Test for Substantive Responsiveness to RFP

The test for substantive responsiveness to this RFP will include the following:

Check for substantive responsiveness RFP Reference

● Whether any general and legislation qualification criteria set by Foskor, have been All sections including: Section 2

met paragraphs, 2.2, 6.

● Whether the Bid contains a priced offer as prescribed in the pricing and delivery Section 4

No specific requirements found

Power of Attorney from their principals must be furnished to

Power of Attorney must comply with Rule 63 (Authentication of documents executed

Power of Attorney must be signed by the principal under the same title as used in the Bid

Power of Attorney held by the South African representative or agent includes matters of a

Power of Attorney must authorise the South African representative or agent to choose the

submit mandatory returnable schedules / documents will result in disqualification. Failure to submit other

schedules / documents may result in disqualification.

Engegements with UUW Water to dicuss future plans

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The successful Respondent hereinafter referred to as the Service provider shall be in full and complete compliance with any and all applicable laws and regulations.

EMPLOYMENT EQUITY ACT Respondents must comply with the requirements of the Employment Equity Act applicable to it including (but not limited to) Section 53 of the Employment Equity Act.

DISCLAIMERS Respondents are hereby advised that Foskor is not committed to any course of action as a result of its issuance of this RFP and/or its receipt of Proposals. In particular, please note that Foskor reserves the right to

modify the RFP’s Goods/Services and request Respondents to re-bid on any such changes; ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-09-26/27

reject any Proposal which does not conform to instructions and specifications which are detailed herein;

disqualify Proposals submitted after the stated submission deadline 25 August 2026;

award a contract in connection with this Proposal at any time after the RFP’s closing date;

award a contract for only a portion of the proposed Goods/Services which are reflected in the scope of this RFP;

split the award of the contract between more than one Supplier/Service provider, should it at Foskor’s discretion be more advantageous in terms of, amongst others, cost or developmental considerations;

cancel the bid process;

validate any information submitted by Respondents in response to this bid. This would include, but is not limited to, requesting the Respondents to provide supporting evidence. By submitting a bid, Respondents hereby irrevocably grant the necessary consent to Foskor to do so;

request audited financial statements or other documentation for the purposes of a due diligence exercise;

not accept any changes or purported changes by the Respondent to the bid rates after the closing date and/or after the award of the business, unless the contract specifically provided for it;

to cancel the contract and/request that National Treasury place the Respondent on its Database of Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded on the strength of incorrect information furnished by the Respondent or on any other basis recognised in law;

to award the business to the next ranked bidder, provided that he/she is still prepared to provide the required Goods at the quoted price, should the preferred bidder fail to sign or commence with the contract within a reasonable period after being requested to do so. Under such circumstances, the validity of the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the outcome of the tender has been published the outcome of the bid process on the National Treasury e-tender portal, CIDB i-tender portal (where applicable) and the Foskor website. Bidders may therefore be requested to advise whether they would still be prepared to provide the required Goods at their quoted price. Note that Foskor will not reimburse any Respondent for any preparatory costs or other work performed in connection with its Proposal, whether or not the Respondent is awarded a contract.

LEGAL REVIEW A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed contractual terms and conditions by Foskor’s Legal Counsel, prior to consideration for an award of business. A material deviation from the Standard terms or conditions could result in disqualification.

SECURITY CLEARANCE Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the Goods/Services and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-09-26/27 Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement all such security measures as the safe performance of the contract may require.

NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has been established to centrally administer supplier information for all organs of state and facilitate the verification of certain key supplier information. Respondents must register on the CSD prior to submitting their bids. Business may not be awarded to a Respondent who has failed to register on the CSD. Only foreign suppliers with no local registered entity need not register on the CSD.

TAX COMPLIANCE Respondents must be compliant when submitting a proposal to Foskor and remain compliant for the entire contract term with all applicable tax legislation, including but not limited to the Income Tax Act, 1962 (Act No. ) and Value Added Tax Act, 1991 (Act No. ). It is a condition of this bid that the tax matters of the successful Respondents be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the Respondents' tax obligations. The Tax Compliance status requirements are also applicable to foreign Respondents/ individuals who wish to submit bids. Where Consortia / Joint Ventures / Sub-contractors are involved, each party must be registered on the Central Supplier Database and their tax compliance status will be verified through the Central Supplier Database. ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-09-26/27 SECTION 3: BACKGROUND, OVERVIEW AND SCOPE OF

B-BBEE Details: tly to buyers or any other personnel in Foskor by any means of communication will not be

accepted.

RFP number: FOSRBY-RFP-09-26/27

Schedule of bid documents

Section No Page

Section 1: sbd 1 form 3

Section 2 : notice to bidders 6

Section 3: background, overview and scope of requirements 11

Section 4: pricing and delivery schedule 18

Section 5: proposal form and list of returnable documents 27

Section 6: certificate of acquaintance with RFP, master agreement & applicable documents 31

Section 7: RFP declaration and breach of law form 33

Section 8: RFP clarification request form 38

Section 9: b-bbee preference points claim form 38

Section 10: certificate of attendance of compulsory/non-compulsory RFP briefing 44

Section 11: job-creation schedule 45

Section 12: sbd 5 47

SECTION 13: PROTECTION OF PERSONAL INFORMATION (For normal contract) 50

SECTION 14: PROTECTION OF PERSONAL INFORMATION (For Operator Contract only, delete this section if not for Operator Contract) 52

RFP annexures:

Annexure ...A.......... Technical submission / questionnaire

ANNEXURE....B.......... Technical Pre-qualification Criteria/minimum requirements/legal requirements

Annexure ...C......... Specifications

Annexure ...D.......... Master agreement /foskor standard terms and conditions

Annexure ...E......... Foskor’s general bid conditions

Annexure ...F.......... Foskor’s supplier integrity pact

Annexure ...G......... Non-disclosure agreement

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

Section 1: sbd 1 form

Part a

Invitation to bid

You are hereby invited to bid for requirements of the (name of department/ public entity)

Closing

BID NUMBER: FOSRBY-RFP-09-26/27 DATE: 25 August 2026 CLOSING TIME: 12H00

Descrip

d) No safety officer = 0% 10% provide safety officer qualification i.e. samtrac catificate, diploma

safety officer experience <3yrs= 5%

Safety officer experience >3 yrs = 10%

Total Technical Score 100%

Note: 70% will be minimum required to be considered for this tender

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

Respondents must complete and submit Annexure A which include a Technical Questionnaire. A Respondent’s

compliance with the minimum functionality/technical threshold will be measured by their responses to Annexure B.

Respondents are to note that Foskor will round off final technical scores to the nearest 2 (two) decimal places for the purposes

of determining whether the technical threshold has been met.

The minimum threshold for technical/functionality [Step Three] must be met or exceeded for a Respondent’s

Proposal to progress to Step Four for final evaluation

6.4 STEP FOUR: Evaluation and Final Weighted Scoring

a) Price and TCO Criteria Weighted score 80 points:

Evaluation Criteria RFP Reference

● Commercial offer Section 4

● Commercial discounts1 Section 4

● Price adjustment conditions / factors

● Exchange rate exposure

● Disbursements

Foskor will utilise the following formula in its evaluation of Price:

PS = 80 (1 − Pt−Pmin Pmin)

Where:

Ps = Score for the Bid under consideration

Pt = Price of Bid under consideration

Pmin = Price of lowest acceptable Bid

PS = 80 (1 + Pt−Pmax Pmax)

Where:

Ps = Points scored for the price of Bid under consideration

Pt = Price of Bid under consideration

Pmax = Price of highest acceptable Bid

1 Only unconditional discounts will be taken into account during evaluation. A discount which has been offered conditionally will, despite not being taken

into account for evaluation purposes, be implemented when payment is effected

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

b) Broad-Based Black Economic Empowerment criteria [Weighted score 20 points]

▪ B-BBEE - current scorecard / B-BBEE Preference Points Claims Form

▪ Preference points will be awarded to a bidder for attaining the B-BBEE status level of contribution in

accordance with the table indicated in Section 4.1 of the B-BBEE Preference Points Claim Form.

6.5 SUMMARY: Applicable Thresholds and Final Evaluated Weightings

Thresholds Minimum Threshold

Technical / functionality 70 %

Evaluation Criteria Final Weighted Scores

Price and Total Cost of Ownership 80

BBBE-E Scorecard 20

Total score: 100

6.6 STEP FIVE: Post Tender Negotiations (if applicable)

▪ Respondents are to note that Foskor may not award a contract if the price offered is not market-related. In this

regard, Foskor reserves the right to engage in PTN with the view to achieving a market-related price or to cancel

the tender. Negotiations will be done in a sequential manner i.e.:

o first negotiate with the highest ranked bidder or cancel the bid, should such negotiations fail,

o negotiate with the 2nd and 3rd ranked bidders (if required) in a sequential manner.

▪ In the event of any Respondent being notified of such short-listed/preferred bidder status, his/her bid, as well as

any subsequent negotiated best and final offers (BAFO), will automatically be deemed to remain valid during the

negotiation period and until the ultimate award of business.

▪ Should Foskor conduct post tender negotiations, Respondents will be requested to provide their best and final

offers to Foskor based on such negotiations. Where a market related price has been achieved through

negotiation, the contract will be awarded to the successful Respondent(s).

6.7 STEP SIX: Objective Criteria

Foskor reserves the right to award the business to the highest scoring bidder/s unless objective criteria justify the

award to another bidder. The objective criteria Foskor may apply in this bid process include:

• Skills Transfer and Capacity Building for Foskor;

• Impact on Foskor’s Return On Investment;

• Rotation of Suppliers to promote opportunities for other suppliers, by overlooking a supplier that has been awarded

business repeatedly overtime in order to benefit other suppliers in the market.

• the tenderer:

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

• is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s

procurement,

• is not undergoing a process of being restricted by Foskor or other state institution that Foskor may be aware of,

• can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and

technical qualifications, professional and technical competence, financial resources, equipment and other physical

facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the

contract,

• has the legal capacity to enter into the contract

• is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies Act, 2008,

bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business

activities, or is subject to legal proceedings in respect of any of the foregoing,

• complies with the legal requirements, if any, stated in the tender data and

• is able, in the option of the employer to perform the contract free of conflicts of interest.

6.8 STEP SEVEN: Award of business and conclusion of contract

▪ Immediately after approval to award the contract has been received, the successful bidder(s) will be informed

of the acceptance of his/their Bid by way of a Letter of Award. Thereafter the final contract will be concluded

with the successful Respondent(s).

▪ A final contract will be concluded and entered into with the successful Bidder at the acceptance of a letter of

award by the Respondent.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

Section 4: pricing and delivery schedule

Respondents are required to complete the table below:

Sl.No Item Description Quantity UOM Price/Each Total

1 Site establishment, safety file, PPE LS

2 Remove old brick layer (230mm x 587,15 m2

114mm x 65 mm)

3 Removal of old rubber and disposing on 1727,91 m2

skips provided

4 Surface preparation to the required 1727,91 LS(m2)

surface finish

5 Supply of new butyl rubber 5mm thick, 3455,85 m2

50A shore hardness pre-cured (double

layer)

6 Application of rubber first layer 1727,91 m2

7 Application of rubber second layer 1727,91 m2

8 Bricks installation 587,15 m2

9 Provide QC pack and sign off LS

Subtotal: ______________________

VAT: ______________________

Total Tender Price: ______________________

Notes:

1. Rates shall include labour, supervision, tools, equipment, consumables, and transport.

2. All work shall comply with the project specifications and applicable standards.

3. Quantities are estimated and may be adjusted based on site measurements.

4. Lump Sum (LS) items shall include all activities necessary to complete the work, and it

must be accompanied by a price breakdown (detailed pricing schedule)

Respondents are to note that Foskor will round off final pricing scores to the nearest 2 (two) decimal places.

Notes to Pricing:

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

a) Respondents are to note that if the price offered by the highest scoring bidder is not market-related, Foskor may not award

the contract to that Respondent. Foskor may-

(i) negotiate a market-related price with the Respondent scoring the highest points or cancel the RFP;

(ii) if that Respondent does not agree to a market-related price, negotiate a market-related price with the Respondent scoring

the second highest points or cancel the RFP;

(iii) if the Respondent scoring the second highest points does not agree to a market-related price, negotiate a market-related

price with the Respondent scoring the third highest points or cancel the RFP.

a) If a market-related price is not agreed with the Respondent scoring the third highest points, Foskor must cancel the RFP.

b) Prices must be quoted in South African Rand inclusive of VAT.

c) Any disbursement not specifically priced for will not be considered/accepted by Foskor.

d) To facilitate like-for-like comparison bidders must submit pricing strictly in accordance with this pricing schedule and not utilise

a different format. Deviation from this pricing schedule could result in a bid being declared non-responsive.

e) Rates proposed must be aligned with the Guide on Hourly Fee Rates for Consultants” by the Department of Public Service

and Administration (DPSA);

f) Quantities given are estimates only. Any orders resulting from this RFP will be on an “as and when required” basis.

g) Prices are to be quoted on a delivered basis to .

h) Please note that should you have offered a discounted price(s), Foskor will only consider such price discount(s) in the final

evaluation stage if offered on an unconditional basis.

i) Where a Respondent’s price(s) includes imported goods/items, the rate of exchange to be used must be in South African

Rands for purposes of determining whether the price is market related or not and must be the currency’s rate published by the

South African Reserve Bank on the date of the advertisement of the bid:

Currency rate of exchange utilised: _________________________

j) In respect of incoterms conditions, if applicable, please refer to paragraph 25 of the General Bid Conditions which is attached

to the RFP as Annexure ................... [Complete required information or remove entire sentence if not applicable]

k) Manufacturing and delivery lead time calculated from the date of receipt of purchase order: ______ weeks.

l) Respondents, if awarded the contract, are required to indicate that their prices quoted would be kept firm and fixed for the

contract duration. [Not to be confused with bid validity period Section 2, clause 1]

Yes

Or

m) Respondents, if awarded the contract, are required to indicate that their prices quoted would be kept firm and fixed for a period

of 12 months, subject thereafter to adjustment (i.e. after the initial period of 12 months), utilising the following price

index/indices/adjustment formula. [Not to be confused with bid validity period Section 2, clause 1]

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

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

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

1. Disclosure of contract information

Prices tendered

Respondents are to note that, on award of business, Foskor may be required to publish the tendered prices of the successful

and unsuccessful Respondents inter alia on the National Treasury e-Tender Publication Portal, (www.etenders.gov.za), as

required per National Treasury Instruction Note /2016.

Johannesburg Stock Exchange Debt Listing Requirements

Foskor may also be required to disclose information relating to the subsequent contract i.e. the name of the company,

goods/services provided by the company, the value and duration of the contract, etc. in compliance with the Johannesburg

Stock Exchange (JSE) Debt Listing Requirements.

Domestic Prominent Influential Persons (DPIP) OR Foreign Prominent Public Officials (FPPO)

Foskor is free to procure the services of any person within or outside the Republic of South Africa in accordance with

applicable legislation. Foskor shall not conduct or conclude business transactions, with any Respondents without having:

▪ Considered relevant governance protocols;

▪ Determined the DPIP or FPPO status of that counterparty; and

▪ Conducted a risk assessment and due diligence to assess the potential risks that may be posed by the business

relationship.

The below form contains personal information as defined in the Protection of Personal Information Act, 2013 (the

“Act”). By completing the form, the signatory consents to the processing of her/his personal information in accordance

with the requirements of the Act. Consent cannot unreasonably be withheld.

Is the Respondent

(Complete with a “Yes” or “No”)

A DPIP/FPPO Closely Related to Closely

a DPIP/FPPO Associated to a

Dpip/fppo

List all known business interests, in which a DPIP/FPPO may have a direct/indirect interest or significant

participation or involvement.

No Name of Entity Role in the Entity Shareholding Registration Status

/ Business / Business % Number (Mark the applicable option

(Nature of with an X)

interest/ Active Non-Active

Participation)

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

Respondents declaring a commercial relationship with a DPIP or FPPO are to note that Foskor is required to annually

publish on its website a list of all business contracts entered into with DPIP or FPPO. This list will include successful

Respondents, if applicable.

2. Price review

3. The successful Respondent(s) the Service provider will be obliged to submit to an annual price review. Foskor will be

benchmarking this price offering(s) against the lowest price received as per a benchmarking exercise. If the Service

provider’s price(s) is/are found to be higher than the benchmarked price(s), then the Service provider shall match or better

such price(s) within 30 [thirty] calendar days, failing which the contract may be terminated at Foskor’s discretion or the

particular item(s) or service(s) purchased outside the contract.

4. “As and when required” contracts

4.1 Purchase orders will be placed on the Service provider(s) from time to time as and when Goods/Services are required.

4.2 Foskor reserves the right to place purchase orders until the last day of the contract for deliveries to be effected, within

the delivery period / lead time specified, beyond the expiry date of the contract under the same terms and conditions

as agreed upon.

4.3 Delivery requirements may be stipulated in purchase orders and scheduled deliveries may be called for. However,

delivery periods and maximum monthly rates of delivery offered by the Respondents will be used as guidelines in

establishing lead times and monthly delivery requirements with the Supplier.

4.4 Where scheduled deliveries are required, the delivery period(s) specified must be strictly complied with, unless

otherwise requested by Foskor. Material supplied earlier than specified may not be paid for or may be returned by

Foskor, with the Supplier being held liable for all expenses so incurred, e.g. handling and transport charges.

4.5 If the delivery period offered by the Respondents is subject to a maximum monthly production capacity, full particulars

must be indicated in Section 4 [Pricing and Delivery Schedule]

4.6 The Respondent must state hereunder its annual holiday closedown period [if applicable] and whether this period has

been included in the delivery lead time offered:

4.7 Respondents are required to indicate below the action that the Respondent proposes to take to ensure continuity of

supply during non-working days or holidays.

5. Return of surplus goods

Respondents are required to indicate whether they have a return policy in place (if so attach a copy):

Yes NO

Respondents are required to indicate a reasonable timeframe during which Foskor may return any surplus goods:

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

6. Manufacturers

The Respondents must state hereunder the actual manufacturer(s) of the Goods tendered for:

6.1 Local Manufacturer(s):

RFP item NO. name business address

6.2 Foreign Manufacturer(s):

RFP item NO. name business address

7. INSPECTION DETAILS [Remove heading and entire paragraph if not applicable]

The Respondents must state the actual name(s) and address/addresses of the suppliers of the Goods for inspection

purposes only:

7.1 Local Manufacturer(s)

RFP item NO. name business address

7.2 Foreign Manufacturer(s):

RFP item NO. name business address

8. IMPORTED CONTENT [Remove heading and entire paragraph if not applicable]

The Respondents must state hereunder the value and percentage of the imported content as well as the country of origin in

respect of each item tendered for:

RFP item NO / description. Value % cost country of origin

Note: Where more than one country is applicable to one item, the Respondents must furnish this information separately.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

9. EXCHANGE AND REMITTANCE [Remove heading and entire paragraph if not applicable]

The attention of the Respondents is directed to clause 17 [Exchange and Remittance] of the General Bid Conditions. If

Foskor is requested by the Respondent to effect payment overseas direct to the Respondent’s principal or service provider,

which is not a registered South African Company please complete the details below, using the rate of exchange published

by the South African Reserve Bank 7 [seven] calendar days before the closing date of this RFP:

9.1 ZAR 1.00 [South African currency] being equal to ________________ [foreign currency]

9.2 _____ % in relation to tendered price(s) to be remitted overseas by Foskor

9.3 __________________________ [Name of country to which payment is to be made]

9.4 Beneficiary details:

Name [Account holder] ____________________________________

Bank [Name and branch code] ____________________________________

Swift code ____________________________________

Country ____________________________________

9.5 ______________________________ [Applicable base date of Exchange Rate used]

Respondents are advised that should a contract be awarded for deliveries on an “as and when required” basis, any future

remittance(s) to overseas principals/service providers, as instructed above, will be based on an agreed rate of exchange

related to the contractual price of the Goods/Services at that time.

Respondents should note that Foskor would prefer to receive fixed price offers expressed in South African Rand [ZAR].

10. Export credit agency supported finance

In order to finance its payment obligations under a future contract where foreign transactions are involved, Foskor may

consider raising debt financing [an ECA Facility] from one or more banks or financial institutions, with the benefit of export

credit agency [ECA] credit support to be provided by an ECA.

Under such circumstances the successful Respondent will agree to undertake:

a) to provide [and/or cause the Parent/OEM to provide, as applicable] to Foskor and the banks and financial institutions

that may participate in the ECA Facility all such assistance as an importer of Goods and/or Services, which are eligible

for ECA credit supported finance by an ECA, is generally required to provide for the purposes of obtaining ECA support;

b) not to do or [as Supplier of the relevant eligible Goods or services] omit to do anything, which may adversely affect

Foskor’s prospects of qualifying for or, once obtained, maintaining ECA credit support by an ECA in respect of an ECA

Facility.

All costs, expenses, charges and liabilities incurred by Foskor in establishing an ECA Facility with credit support from an

Export Credit Agency, may be for the account of Foskor.

11. SERVICE LEVELS [Remove heading and entire paragraph if not applicable]

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

11.1 An experienced national account representative(s) is required to work with Foskor’s procurement department. [No

sales representatives are needed for individual departments or locations]. Additionally, there shall be a minimal

number of people, fully informed and accountable for this agreement.

11.2 Foskor will have quarterly reviews with the Service provider’s account representative on an on-going basis.

11.3 Foskor reserves the right to request that any member of the Service provider’s team involved on the Foskor account

be replaced if deemed not to be adding value for Foskor.

11.4 The Service provider guarantees that it will achieve a 95% [ninety-five per cent] service level on the following

measures:

a) Random checks on compliance with quality/quantity/specifications

b) On-time delivery

If the Service provider does not achieve this level as an average over each quarter, Foskor will receive a 1.5% [one

and a half per cent] rebate on quarterly sales payable in the next quarter.

11.5 The Service provider must provide a telephone number for customer service calls.

11.6 Failure of the Service provider to comply with stated service level requirements will give Foskor the right to cancel

the contract in whole, without penalty to Foskor, giving 30 [thirty] calendar days’ notice to the Service provider of its

intention to do so.

Acceptance of Service Levels:

Yes NO

12. Total cost of ownership and continuous improvement initiatives

12.1 Respondents shall indicate whether they would be committed, for the duration of any contract which may be

awarded through this RFP process, to participate with Foskor in its continuous improvement initiatives to reduce the

total cost of ownership [TCO], which will reduce the overall cost of transportation Goods/Services and related

logistics provided by Foskor’s operating divisions within South Africa to the ultimate benefit of all end-users.

Accepted:

Yes NO

If “yes”, please specify details in paragraph 6.2 below.

12.2 Respondents must briefly describe their commitment to TCO and continuous improvement initiatives and give

examples of specific areas and strategies where cost reduction initiatives can be introduced. Specific areas and

proposed potential savings percentages should be included. Additional information can be appended to the

Respondent’s Proposal if there is insufficient space available below.

13. Risk

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

Respondents must elaborate on the control measures put in place by their entity, which would mitigate the risk to Foskor

pertaining to potential non-performance by the Respondent, in relation to:

13.1 Quality and specification of Goods/Services delivered:

13.2 Continuity of supply:

13.3 Compliance with the Occupational Health and Safety Act, :

SIGNED at ___________________________ on this _____ day of __________________________ 20___

Signature of witnesses address of witnesses

1 _____________________ _______________________________________

Name _________________ _______________________________________

2 _____________________ _______________________________________

Name _________________ _______________________________________

Signature of respondent’s authorised representative: ___________________________

Name: ____________________________________________

Designation: _____________________________________

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

Section 5: proposal form and list of returnable documents

I/We__________________________________________________________________________________

[name of entity, company, close corporation or partnership] of [full address]

carrying on business trading/operating as

represented by_______________________________________________________________________________

in my capacity as _____________________________________________________________________________

being duly authorised thereto by a Resolution of the Board of Directors or Members or Certificate of Partners, dated _________________to enter

into, sign execute and complete any documents relating to this proposal and any subsequent Agreement. The following list of persons are hereby

authorised to negotiate on behalf of the abovementioned entity, should Foskor decide to enter into Post Tender Negotiations with highest ranked

bidder(s).

Full name(s) capacity signature

I/We hereby offer to supply/provide the above-mentioned Goods/Services at the prices quoted in the schedule of prices in accordance with the terms

set forth in the documents listed in the accompanying schedule of RFP documents.

I/We agree to be bound by those conditions in Foskor’s:

(i) Master Agreement / Foskor Standard Terms and Conditions (which may be subject to amendment at Foskor’s discretion if applicable);

(ii) General Bid Conditions; and

(iii) any other standard or special conditions mentioned and/or embodied in this Request for Proposal.

I/We accept that unless Foskor should otherwise decide and so inform me/us in the letter of award, this Proposal [and, if any, its covering letter and

any subsequent exchange of correspondence], together with Foskor’s acceptance thereof shall constitute a binding contract between Foskor and

me/us.

Should Foskor decide that a formal contract should be signed and so inform me/us in a letter of award [the Letter of Award], this Proposal [and, if

any, its covering letter and any subsequent exchange of correspondence] together with Foskor’s Letter of Award, shall constitute a binding contract

between Foskor and me/us until the formal contract is signed.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27

I/We further agree that if, after I/we have been notified of the acceptance of my/our Proposal, I/we fail to enter into a formal contract if called upon to

do so, or fail to commence the supply/provision of Goods/Services within 2 [two] weeks thereafter, Foskor may, without prejudice to any other legal

remedy which it may have, recover from me/us any expense to which it may have been put in calling for Proposals afresh and/or having to accept

any less favourable Proposal.

Furthermore, I/we agree to a penalty clause/s which will allow Foskor to invoke a penalty against us for non-compliance with material terms of this

RFP including the delayed delivery of the Goods/Services due to non-performance by ourselves, etc.

I/we agree that non-compliance with any of the material terms of this RFP, including those mentioned above, will constitute a material breach of

contract and provide Foskor with cause for cancellation.

Address for notices

The law of the Republic of South Africa shall govern any contract created by the acceptance of this RFP. The domicilium citandi et executandi shall

be a place in the Republic of South Africa to be specified by the Respondent hereunder, at which all legal documents may be served on the

Respondent who shall agree to submit to the jurisdiction of the courts of the Republic of South Africa. Foreign Respondents shall, therefore, state

hereunder the name of their authorised representative in the Republic of South Africa who has the power of attorney to sign any contract which may

have to be entered into in the event of their Proposal being accepted and to act on their behalf in all matters relating to such contract.

Respondent to indicate the details of its domicilium citandi et executandi hereunder:

Name of Entity: ______________________________________________________________________________________

Facsimile: ______________________________________________________________________________________

Address: ______________________________________________________________________________________

Notification of award of RFP

As soon as possible after approval to award the contract(s), the successful Respondent [the Supplier/Service provider] will be informed of the

acceptance of its Proposal. Foskor will also publish the outcome of the tender, including successful and unsuccessful bidders, in the National

Treasury e-tender portal, CIDB i-tender portal (where applicable) and the Foskor website. Any unsuccessful bidder has a right to request reasons for

the bid not to be successful and Foskor has a duty to provide those reasons on receipt of the request from the bidder.

Validity period

Foskor requires a validity period of 180 Business Days [from closing date] against this RFP, excluding the first day and including the last day.

Name(s) and address / addresses of director(s) or member(s)

The Respondent must disclose hereunder the full name(s) and address(s) of the director(s) or members of the company or close corporation [C.C.]

on whose behalf the RFP is submitted.

(i) Registration number of company / C.C. __________________________________________________

(ii) Registered name of company / C.C. _____________________________________________________

(iii) Full name(s) of director/member(s) Address/Addresses ID Number(s)

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-09-26/27