FOSRBY-RFP-11-26/27 request for proposal [RFP] for the supply and delivery of soda ash dense for a period of thirty-six (36) months

2.1 All Confidential Information given by one party to this Agreement [the Disclosing Party] to the other

party [the Receiving Party] will be treated by the Receiving Party as secret and confidential and will

not, without the Disclosing Party’s written consent, directly or indirectly communicate or disclose

[whether in writing or orally or in any other manner] Confidential Information to any other person other

than in accordance with the terms of this Agreement.

2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and

commercial discussions between the parties in relation to the Bid or for the subsequent performance of

any contract between the parties in relation to the Bid.

2.3 Notwithstanding clause 2.1 above, the Receiving Party may disclose Confidential Information:

2.3.1 to those of its Agents who strictly need to know the Confidential Information for the sole purpose

set out in clause 2.2 above, provided that the Receiving Party shall ensure that such Agents are

made aware prior to the disclosure of any part of the Confidential Information that the same is

confidential and that they owe a duty of confidence to the Disclosing Party. The Receiving Party

shall at all times remain liable for any actions of such Agents that would constitute a breach of this

Agreement; or

2.3.2 to the extent required by law or the rules of any applicable regulatory authority, subject to clause

2.4 below.

2.4 In the event that the Receiving Party is required to disclose any Confidential Information in accordance

with clause 2.3.2 above, it shall promptly notify the Disclosing Party and cooperate with the Disclosing

2.5 In the event that any Confidential Information shall be copied, disclosed or used otherwise than as

permitted under this Agreement then, upon becoming aware of the same, without prejudice to any

rights or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable notify the

Disclosing Party of such event and if requested take such steps [including the institution of legal

proceedings] as shall be necessary to remedy [if capable of remedy] the default and/or to prevent

further unauthorised copying, disclosure or use.

2.6 All Confidential Information shall remain the property of the Disclosing Party and its disclosure shall not

confer on the Receiving Party any rights, including intellectual property rights over the Confidential

other remedies available to it, either at law or in equity, for any such threatened or actual breach of this

party related to the contract in exchange for an advantage in the bidding process, bid evaluation,

could afford an undue advantage to a particular bidder during the tendering stage, and will further

unfair means and illegal activities during any stage of its bid or during any ensuing contract stage in

the contract in exchange for any advantage in the bidding, evaluation, contracting and

any competitor regarding the quality, quantity, specifications and conditions or delivery particulars

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

a) has been requested to submit a Bid in response to this Bid invitation;

b) could potentially submit a Bid in response to this Bid invitation, based on their qualifications,

abilities or experience; and

No specific requirements found

B-BBEE Details: do so in terms of any condition forming part of the bid documents;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) 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;

f) 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;

g) caused Foskor damage, or to incur costs in order to meet the contractor’s requirements and

which could not be recovered from the contractor;

h) has litigated against Foskor in bad faith.

6.7 Grounds for blacklisting include a company/person recorded as being a company or person

prohibited from doing business with the public sector on National Treasury’s Register of Tender

Defaulters.

Private & Confidential

of 8

6.8 Companies associated with the person/s guilty of misconduct (i.e. entities owned, controlled or

managed by such persons), any companies subsequently formed by the person(s) guilty of the

misconduct and/or an existing company where such person(s) acquires a controlling stake may be

considered for blacklisting. The decision to extend the blacklist to associated companies will be at

the sole discretion of Foskor.

7 previous transgressions

7.1 The Bidder / Supplier hereby declares that no pre

3.8 The Bidder / Supplier shall furnish Foskor with a copy of its code of conduct, which code of conduct

shall reject the use of bribes and other dishonest and unethical conduct, as well as compliance

programme for the implementation of the code of conduct.

3.9 The Bidder / Supplier will not instigate third persons to commit offences outlined above or be an

accessory to such offences.

3.10 The Bidder/Supplier confirms that they will uphold the ten principles of the United Nations Global

Compact (UNGC) in the fields of Human Rights, Labour, Anti-Corruption and the Environment when

undertaking business with Foskor as follows:

a) Human Rights

• Principle 1: Businesses should support and respect the protection of internationally

proclaimed human rights; and

• Principle 2: make sure that they are not complicit in human rights abuses.

b) Labour

• Principle 3: Businesses should uphold the freedom of association and the effective

recognition of the right to collective bargaining;

• Principle 4: the elimination of all forms of forced and compulsory labour;

• Principle 5: the effective abolition of child labour; and

• Principle 6: the elimination of discrimination in respect of employment and occupation.

c) Environment

• Principle 7: Businesses should support a precautionary approach to environmental

challenges;

• Principle 8: undertake initiatives to promote greater environmental responsibility; and

• Principle 9: encourage the development and diffusion of environmentally friendly

technologies.

d) Anti-Corruption

• Principle 10: Businesses should work against corruption in all its forms, including extortion

and bribery.

10.1 Foskor recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

When a dispute arises between Foskor and its Bidder / Supplier, 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, following a blacklisting process as mentioned in paragraph 6 above, 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:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Foskor employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11 general

11.1 This Integrity Pact is governed by and interpreted in accordance with the laws of the Republic of

South Africa.

11.2 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the law relating to any civil or criminal proceedings.

11.3 The validity of this Integrity Pact shall cover all the bidding processes and will be valid for an

indefinite period unless cancelled by either Party.

11.4 Should one or several provisions of this Integrity Pact turn out to be invalid the remainder of this

Integrity Pact remains valid.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Foskor employees, Foskor expects its Bidders / Suppliers to report this behaviour directly to

a senior Foskor official / employee or alternatively by using Foskor’s “Tip-Off Anonymous” hotline

number 0800 003 056, whereby your confidentiality is guaranteed.

The Parties hereby declare that each of them has read and understood the clauses of this Integrity Pact

and shall abide by it. To the best of the Parties’ knowledge and belief, the information provided in this

Integrity Pact is true and correct.

oooOOOooo

Private & Confidential

into question, Foskor may reject the Bidder’s / Supplier’s application from the registration or bidding

process and remove the Bidder / Supplier from its database, if already registered.

5.2 If the Bidder / Supplier has committed a transgression through a violation of paragraph 3, or any

material violation, such as to put its reliability or credibility into question. Foskor may after following

due procedures and at its own discretion also exclude the Bidder / Supplier from future bidding

processes. The imposition and duration of the exclusion will be determined by the severity of the

transgression. The severity will be determined by the circumstances of the case, which will include

amongst others the number of transgressions, the position of the transgressors within the company

hierarchy of the Bidder / Supplier and the amount of the damage. The exclusion will be imposed

for up to a maximum of 10 (ten) years. However, Foskor reserves the right to impose a longer

period of exclusion, depending on the gravity of the misconduct.

5.3 If the Bidder / Supplier can prove that it has restored the damage caused by it and has installed a

suitable corruption prevention system, or taken other remedial measures as the circumstances of

the case may require, Foskor may at its own discretion revoke the exclusion or suspend the imposed

penalty.

summary of this blacklisting procedure.

6.2 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.

6.3 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 “primafacie” (i.e. on the face of it) case has been

established.

6.4 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.

6.5 A supplier or contractor to Foskor may not subcontract any portion of the contract to a blacklisted

company.

6.6 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:

a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt

of Bids;

b) 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;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) 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;

f) has made any incorrect statement in a certificate or other communication with regard to the

7.1 The Bidder / Supplier hereby declares that no previous transgressions resulting in a serious breach

of any law, including but not limited to, corruption, fraud, theft, extortion and contraventions of the

Competition Act , which occurred in the last 5 (five) years with any other public sector

undertaking, government department or private sector company that could justify its exclusion from

its registration on the Bidder’s / Supplier’s database or any bidding process.

7.2 If it is found to be that the Bidder / Supplier made an incorrect statement on this subject, the Bidder

/ Supplier can be rejected from the registration process or removed from the Bidder / Supplier

database, if already registered, for such reason (refer to the Breach of Law Form contained in the

applicable RFX document.)

8.1 Foskor shall also take all or any one of the following actions, wherever required to:

a) Immediately exclude the Bidder / Supplier from the bidding process or call off the pre-contract

negotiations without giving any compensation the Bidder / Supplier. However, the proceedings with

the other Bidders / Suppliers may continue;

b) Immediately cancel the contract, if already awarded or signed, without giving any compensation to

the Bidder / Supplier;

c) Recover all sums already paid by Foskor;

d) Encash the advance bank guarantee and performance bond or warranty bond, if furnished by the

Bidder / Supplier, in order to recover the payments, already made by Foskor, along with interest;

e) Cancel all or any other contracts with the Bidder / Supplier; and

f) Exclude the Bidder / Supplier from entering into any bid with Foskor in future.

of 8

a) must disclose the interest and its general nature, in the Request for Proposal (“RFX”) declaration

form; or

b) must notify Foskor immediately in writing once the circumstances has arisen.

9.4 The Bidder / Supplier shall not lend to or borrow any money from or enter into any monetary dealings

or transactions, directly or indirectly, with any committee member or any person involved in the

sourcing process, where this is done, Foskor shall be entitled forthwith to rescind the contract and

all other contracts with the Bidder / Supplier.

10 dispute resolution

10.1 Foskor recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

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, following a blacklisting process as mentioned in paragraph 6 above, 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:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Foskor employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Foskor employees, Foskor expects its Bidders / Suppliers to report this behaviour directly to

a senior Foskor official / employee or alternatively by using Foskor’s “Tip-Off Anonymous” hotline

number 0800 003 056, whereby your confidentiality is guaranteed.

a) has been requested to submit a Bid in response to this Bid invitation;

b) could potentially submit a Bid in response to this Bid invitation, based on their qualifications,

abilities or experience; and

1.1 Foskor and the Bidder / Supplier agree to enter into this Integrity Pact, to avoid all forms of

dishonesty, fraud and corruption including practices that are anti-competitive in nature, negotiations

made in bad faith and under-pricing by following a system that is fair, transparent and free from any

influence / unprejudiced dealings prior to, during and subsequent to the currency of the contract to

be entered into with a view to:

a) Enable Foskor to obtain the desired contract at a reasonable and competitive price in

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

b) Enable Bidders / Suppliers to abstain from bribing or participating in any corrupt practice in

order to secure the contract.

3.8 The Bidder / Supplier shall furnish Foskor with a copy of its code of conduct, which code of conduct

shall reject the use of bribes and other dishonest and unethical conduct, as well as compliance

programme for the implementation of the code of conduct.

3.9 The Bidder / Supplier will not instigate third persons to commit offences outlined above or be an

accessory to such offences.

3.10 The Bidder/Supplier confirms that they will uphold the ten principles of the United Nations Global

Compact (UNGC) in the fields of Human Rights, Labour, Anti-Corruption and the Environment when

undertaking business with Foskor as follows:

a) Human Rights

• Principle 1: Businesses should support and respect the protection of internationally

proclaimed human rights; and

• Principle 2: make sure that they are not complicit in human rights abuses.

b) Labour

• Principle 3: Businesses should uphold the freedom of association and the effective

recognition of the right to collective bargaining;

• Principle 4: the elimination of all forms of forced and compulsory labour;

• Principle 5: the effective abolition of child labour; and

• Principle 6: the elimination of discrimination in respect of employment and occupation.

c) Environment

• Principle 7: Businesses should support a precautionary approach to environmental

challenges;

• Principle 8: undertake initiatives to promote greater environmental responsibility; and

• Principle 9: encourage the development and diffusion of environmentally friendly

technologies.

d) Anti-Corruption

• Principle 10: Businesses should work against corruption in all its forms, including extortion

and bribery.

10.1 Foskor recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

When a dispute arises between Foskor and its Bidder / Supplier, 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, following a blacklisting process as mentioned in paragraph 6 above, 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:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Foskor employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11 general

11.1 This Integrity Pact is governed by and interpreted in accordance with the laws of the Republic of

South Africa.

11.2 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the law relating to any civil or criminal proceedings.

11.3 The validity of this Integrity Pact shall cover all the bidding processes and will be valid for an

indefinite period unless cancelled by either Party.

11.4 Should one or several provisions of this Integrity Pact turn out to be invalid the remainder of this

Integrity Pact remains valid.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Foskor employees, Foskor expects its Bidders / Suppliers to report this behaviour directly to

a senior Foskor official / employee or alternatively by using Foskor’s “Tip-Off Anonymous” hotline

number 0800 003 056, whereby your confidentiality is guaranteed.

The Parties hereby declare that each of them has read and understood the clauses of this Integrity Pact

and shall abide by it. To the best of the Parties’ knowledge and belief, the information provided in this

Integrity Pact is true and correct.

oooOOOooo

Private & Confidential

into question, Foskor may reject the Bidder’s / Supplier’s application from the registration or bidding

process and remove the Bidder / Supplier from its database, if already registered.

5.2 If the Bidder / Supplier has committed a transgression through a violation of paragraph 3, or any

material violation, such as to put its reliability or credibility into question. Foskor may after following

due procedures and at its own discretion also exclude the Bidder / Supplier from future bidding

processes. The imposition and duration of the exclusion will be determined by the severity of the

transgression. The severity will be determined by the circumstances of the case, which will include

amongst others the number of transgressions, the position of the transgressors within the company

hierarchy of the Bidder / Supplier and the amount of the damage. The exclusion will be imposed

for up to a maximum of 10 (ten) years. However, Foskor reserves the right to impose a longer

period of exclusion, depending on the gravity of the misconduct.

5.3 If the Bidder / Supplier can prove that it has restored the damage caused by it and has installed a

suitable corruption prevention system, or taken other remedial measures as the circumstances of

the case may require, Foskor may at its own discretion revoke the exclusion or suspend the imposed

penalty.

summary of this blacklisting procedure.

6.2 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.

6.3 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 “primafacie” (i.e. on the face of it) case has been

established.

6.4 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.

6.5 A supplier or contractor to Foskor may not subcontract any portion of the contract to a blacklisted

company.

6.6 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:

a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt

of Bids;

b) 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;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) 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;

f) has made any incorrect statement in a certificate or other communication with regard to the

7.1 The Bidder / Supplier hereby declares that no previous transgressions resulting in a serious breach

of any law, including but not limited to, corruption, fraud, theft, extortion and contraventions of the

Competition Act , which occurred in the last 5 (five) years with any other public sector

undertaking, government department or private sector company that could justify its exclusion from

its registration on the Bidder’s / Supplier’s database or any bidding process.

7.2 If it is found to be that the Bidder / Supplier made an incorrect statement on this subject, the Bidder

/ Supplier can be rejected from the registration process or removed from the Bidder / Supplier

database, if already registered, for such reason (refer to the Breach of Law Form contained in the

applicable RFX document.)

8.1 Foskor shall also take all or any one of the following actions, wherever required to:

a) Immediately exclude the Bidder / Supplier from the bidding process or call off the pre-contract

negotiations without giving any compensation the Bidder / Supplier. However, the proceedings with

the other Bidders / Suppliers may continue;

b) Immediately cancel the contract, if already awarded or signed, without giving any compensation to

the Bidder / Supplier;

c) Recover all sums already paid by Foskor;

d) Encash the advance bank guarantee and performance bond or warranty bond, if furnished by the

Bidder / Supplier, in order to recover the payments, already made by Foskor, along with interest;

e) Cancel all or any other contracts with the Bidder / Supplier; and

f) Exclude the Bidder / Supplier from entering into any bid with Foskor in future.

of 8

a) must disclose the interest and its general nature, in the Request for Proposal (“RFX”) declaration

form; or

b) must notify Foskor immediately in writing once the circumstances has arisen.

9.4 The Bidder / Supplier shall not lend to or borrow any money from or enter into any monetary dealings

or transactions, directly or indirectly, with any committee member or any person involved in the

sourcing process, where this is done, Foskor shall be entitled forthwith to rescind the contract and

all other contracts with the Bidder / Supplier.

10 dispute resolution

10.1 Foskor recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

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, following a blacklisting process as mentioned in paragraph 6 above, 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:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Foskor employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Foskor employees, Foskor expects its Bidders / Suppliers to report this behaviour directly to

a senior Foskor official / employee or alternatively by using Foskor’s “Tip-Off Anonymous” hotline

number 0800 003 056, whereby your confidentiality is guaranteed.

party related to the contract in exchange for an advantage in the bidding process, bid evaluation,

could afford an undue advantage to a particular bidder during the tendering stage, and will further

unfair means and illegal activities during any stage of its bid or during any ensuing contract stage in

the contract in exchange for any advantage in the bidding, evaluation, contracting and

any competitor regarding the quality, quantity, specifications and conditions or delivery particulars

{"name":null,"email":"[email protected]","phone":"0359023021","department":"/ PUBLIC ENTITY)","address":"DENSE FOR A PERIOD OF THIRTY-SIX (36) MONTHS"}

Returnable Documents: 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, 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 Certificate of Analysis (COA) Supplier must submit proof of purchase order documents/signed delivery notes for similar quantities/ signed contracts from both parties/signed reference letters from referring companies clearly stating the quantities delivered, date of order placed (Supplier must ensure that the information submitted is for the bidding company) Submit letter confirming lead times Supplier to supply the SHE plan Safety Data Sheet (SDS) document, Essential Returnable Documents: 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: ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-11-26/27 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: 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-11-26/27 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 Foskor Template Goods Final Supply and Delivery Agreement 3 Foskor’s Supplier Integrity Pact 4 Non-disclosure Agreement 5 Specifications attached to this RFP (Annexure A) 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 RFP NUMBER: FOSRBY-RFP-11-26/27 SECTION 7: RFP DECLARATION AND BREACH OF LAW FORM NAME OF ENTITY: __________________________________________________________________ We ___________________________________________________________ do hereby certify that, Foskor has supplied and we have received appropriate responses to any/all questions [as applicable] which were submitted by ourselves for RFP Clarification purposes;, We have received all information we deemed necessary for the completion of this Request for Proposal [RFP];, We have been provided with sufficient access to the existing Foskor facilities/sites and any and all relevant information relevant to the Goods/Services as well as Foskor information and Employees and have had sufficient time in which to conduct and perform a thorough due diligence of Foskor’s operations and business requirements and assets used by Foskor. Foskor will therefore not consider or permit any pre- or post-contract verification or any related adjustment to pricing, service levels or any other provisions/conditions based on any incorrect assumptions made by the Respondent in arriving at his Bid Price;, At no stage have we received additional information relating to the subject matter of this RFP from Foskor sources, other than information formally received from the designated Foskor contact(s) as nominated in the RFP documents;, We are satisfied, insofar as our entity is concerned, that the processes and procedures adopted by Foskor in issuing this RFP and the requirements requested from Bidders in responding to this RFP have been conducted in a fair and transparent manner;, We have complied with all obligations of the Bidder/Supplier as indicated in the Foskor Supplier Integrity which includes but are not limited to ensuring that we take all measures necessary to prevent corrupt practices, unfairness and illegal activities in order to secure or in furtherance to secure a contract with Foskor;, We declare that a family, business and/or social relationship exists / does not exist [delete as applicable] between an owner / member / director / partner / shareholder of our entity and an employee or board member of the Foskor Group including any person who may be involved in the evaluation and/or adjudication of this Bid;, We declare that an owner / member / director / partner / shareholder of our entity is / is not [delete as applicable] an employee or board member of Foskor;, In addition, we declare that an owner / member / director / partner / shareholder/employee of our entity has / has not been [delete as applicable] a former employee or board member of Foskor in the past 10 years. I further declare that if they were a former employee or board member of Foskor in the past 10 years that they were/were not involved in the bid preparation or had access to the information related to this RFP; and, If such a relationship as indicated in paragraph 7, 8 and/or 9 exists, the Respondent is to complete the following section: FULL NAME OF OWNER/MEMBER/DIRECTOR/ PARTNER/SHAREHOLDER/EMPLOYEE: ADDRESS: ________________________________________________________________________________ ________________________________________________________________________________ ____________________ ____________________ Respondent’s Signature Date and Company Stamp

copy and will be used in the evaluation process.

Section 9: b-bbee preference points claim form 38

Annexure b : technical evaluation criteria

6. Evaluation methodology

Stage 2 stage 3 test for responsiveness

Functionality/ technical Price Post tender documents/ qualification

70 points (80) negotiation Selection of the schedules

bidders (if to justify award to conclusion Scorecard

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

requirements/legal requirements stage, if applicable)

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).

solids. These are controlled at the reaction stage. In addition to this the filterability is also affected by the size, size distribution

width ratio close to 1:1 and if the ratio is different filtration efficiency is affected. Under/Overdosing, change in quality of CHM

the correct and consistent quality of CHM is used to effectively filter the gypsum crystals and give the desired efficiency of

Minimum qualifying score required: 70%

A Respondent’s compliance with the minimum functionality/technical threshold will be measured by their responses to

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

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

5.4 STEP FOUR: Evaluation and Final Weighted Scoring

a) Price and TCO Criteria [Weighted score 90 points]

Evaluation Criteria RFP Reference

Foskor will utilise the following formula in its evaluation of Price

Bid response documents may be deposited in the bid box situated at (street address)

Respondents are to submt their bid responses in the tender box at the reception of the following physical

Address and/or e-mail adress

Physical Address: Foskor (Pty) Ltd 21 John Ross Highway, Richards Bay, 3900 AND/OR Email Address: [email protected]

The size of the email should not exceed 5 MB and it should be in a PDF format.

Bidding procedure enquiries may be directed to technical enquiries may be directed to:

CONTACT PERSON Londi Seroto CONTACT PERSON Londi Seroto

Telephone number 0359023021 telephone number 0359023021

Facsimile number n/a facsimile number n/a

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

Supplier information

Name of bidder

Postal address

Street address

Telephone

Number code number

Cell phone

Number

Facsimile number code number

E-mail address

VAT registration

Number

Supplier tax central

Compliance compliance supplier

Or

Status system pin: database

No: MAAA

Are you the

Accredited

ARE YOU A FOREIGN BASEDREPRESENTATIVE IN ☐Yes ☐No SUPPLIER FOR THE GOODSSOUTH AFRICA FOR ☐Yes ☐No

/Services offered?

The goods [if yes, answer the

/Services [if yes enclose proof] questionnaire below]

Offered?

Questionnaire to bidding foreign suppliers

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

Does the entity have a branch in the RSA? ☐ yes ☐ NO

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

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

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

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

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

System pin code from the south african revenue service (SARS) and if not register as per 2.3 Below.

Part b

Terms and conditions for bidding

1. Bid submission:

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

For consideration.

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

Prescribed in the bid document.

1.3. This bid is subject to the preferential procurement policy framework act, 2000 and the preferential

Procurement regulations, the general conditions of contract (gcc) and, if applicable, any other

Special conditions of contract.

1.4. The successful bidder will be required to fill in and sign a written contract form (sbd7).

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

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

Enable the organ of state to verify the taxpayer’s profile and tax status.

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

Www.SARS.GOV.ZA.

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

2.5 In bids where consortia / joint ventures / sub-contractors are involved; each party must submit a

Separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier database (csd), a

Csd number must be provided.

2.7 NO bids will be considered from persons in the service of the state, companies with directors who

Are persons in the service of the state, or close corporations with members persons in the service

Of the state.”

Nb: failure to provide / or comply with any of the above particulars may render the bid

Invalid.

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

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

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

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

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

Section 2 : notice to bidders

1. Invitation to bid

Responses to this RFP [hereinafter referred to as a Bid or a Proposal] are requested from persons, companies, close

corporations or enterprises [hereinafter referred to as an entity, Respondent or Bidder].

Description for the supply and delivery of sodaash dense for a period of thirty-

Six (36) months

TENDER ADVERT Foskor tenders are advertised on the National Treasury e-tender Portal, CIDB i-tender Portal

and the Foskor website.

COMMUNICATION Foskor will publish the outcome of this RFP on the National Treasury e-tender portal, CIDB i-

tender portal and the Foskor website within 10 days after the award has been finalised. All

unsuccessful bidders have a right to request for reasons for their bid not being successful.

This request must be directed to the contact person stated in the SBD 1 form.

Any addenda to the RFP or clarifications will be published on the National Treasury e-tender

portal, CIDB i-tender portal (where applicable) and the Foskor website. Bidders are required

to check the National Treasury e-tender portal, CIDB i-tender portal (where applicable) and

the Foskor website prior to finalising their bid submissions for any changes or clarifications to

the RFP.

Foskor will not be held liable if Bidders do not receive the latest information regarding this RFP

with the possible consequence of either being disadvantaged or disqualified as a result

thereof.

BRIEFING SESSION Yes, Non-compulsory 10 September 2026)

Bidders are required to confirm their attendance and to send their contact details including the

number of representatives (max. 2), where applicable to the following address

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/374183803896661?p=5boV3dZIhmHZj5sT9D

Meeting ID: 374 183 803 896 661

Passcode: QG9Bq3zW

Refer to paragraph 2 for details.

CLOSING DATE 12:00 pm on 29 September 2026

Bidders must ensure that bids are submitted timeously. If a bid is late, it will not be accepted

for consideration.

VALIDITY PERIOD 180 Business Days from Closing Date

Bidders are to note that they may be requested to extend the validity period of their bid, at the

same terms and conditions, if the internal evaluation process has not been finalised within the

validity period. However, once the adjudication body has approved the process and award of

the business to the successful bidder(s), the validity of the successful bidder(s)’ bid will be

deemed to remain valid until a final contract has been concluded.

Should a bidder fail to respond to a request for extension of the validity period before it expires,

that bidder will be excluded from the tender process.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

With regard to the validity period of next highest ranked bidders, please refer to Section 2,

paragraph 10.12

Any additional information or clarification will be published on the National Treasury e-tender portal, CIDB i-tender portal

(where applicable) and the Foskor website, if necessary.

2. Formal briefing

A non-compulsory RFP briefing will be conducted at Microsoft Teams on the 10 September 2026 at 11H00AM for a period

of ± 1.5 hours. The briefing session will start punctually, and information will not be repeated for the benefit of Respondents

arriving late.

• Despite the briefing session being non-compulsory, Foskor nevertheless encourages all Respondents to attend. Foskor will not be

held responsible if any Respondent who did not attend the non-compulsory session subsequently feels disadvantaged as a result

thereof.

• Respondents are encouraged to bring a copy of the RFP to the RFP briefing.

3. RFP instructions

• Please sign documents [sign, stamp and date the bottom of each page] before submitting them. The person or persons

signing the submission must be legally authorised by the respondent to do so.

• All returnable documents tabled in the Proposal Form [Section 5] must be returned with proposals.

• Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall be deemed to be offered. Any

exceptions to this statement must be clearly and specifically indicated.

• Any additional conditions must be embodied in an accompanying letter. Subject only to clause 15 [Alterations made by the

Respondent to Bid Prices] of the General Bid Conditions, paragraph 12 below (Legal Review) and Section 6 of the RFP,

alterations, additions or deletions must not be made by the Respondent to the actual RFP documents.

4. Joint ventures or consortiums

• Respondents who wish to respond to this RFP as a Joint Venture [JV] or consortium with B-BBEE entities, must state their

intention to do so in their RFP submission. Such Respondents must also submit a signed JV or consortium agreement

between the parties clearly stating the percentage [%] split of business and the associated responsibilities of each party.

If at the time of the bid submission such a JV or consortium agreement has not been concluded, the partners must submit

confirmation in writing of their intention to enter into a JV or consortium agreement should they be awarded business by

Foskor through this RFP process. This written confirmation must clearly indicate the percentage [%] split of business and

the responsibilities of each party. In such cases, award of business will only take place once a signed copy of a JV or

consortium agreement is submitted to Foskor.

• Respondents are to note that for the purpose of Evaluation, a JV will be evaluated based on one consolidated B-BBEE

scorecard (a consolidated B-BBEE Status Level verification certificate) Preference points will be awarded to a bidder for

attaining the requirements in accordance with the table indicated in Table 4.1 of the B-BBEE Preference Points Claim

Forms.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

5. Communication

• For specific queries relating to this RFP, an RFP Clarification Request Form should be submitted onto the system and to

Londi Seroto before 12:00 pm on 21 September 2026, substantially in the form set out in Section 8 hereto. In the interest

of fairness and transparency, Foskor’s response to such a query will be published on the National Treasury e-tender portal,

CIDB i-tender portal (where applicable) and the Foskor website.

• After the closing date of the RFP, a Respondent may only communicate with the buyer, Londi Seroto, at telephone number

0359023021, email [email protected] on any matter relating to its RFP Proposal.

• Respondents are to note that changes to its submission will not be considered after the closing date.
• It is prohibited for Respondents to attempt, either directly or indirectly, to canvas any officer or employee of Foskor in

respect of this RFP between the closing date and the date of the award of the business.

• Respondents found to be in collusion with one another will be automatically disqualified and restricted from doing business

with organs of state for a specified period.

• Foskor will publish the outcome of this RFP in the National Treasury e-tender portal, CIDB i-tender portal (where applicable)

and the Foskor website within 10 days after the award has been finalised. Respondents are required to check the Foskor

website for the results of the tender process. All unsuccessful bidders have a right to request Foskor to furnish individual

reasons for their bid not being successful. This requested must be directed to the contact person stated in the SBD 1 form.

6. Confidentiality

All information related to this RFP is to be treated with strict confidence. In this regard Respondents are required to certify that

they have acquainted themselves with the Non-Disclosure Agreement. All information related to a subsequent contract, both

during and after completion thereof, will be treated with strict confidence. Should the need however arise to divulge any

information related to this RFP or the subsequent contract, written approval must be obtained from Foskor.

Foskor is a vertically integrated operation that consist of a Mining and Acid division. From phosphate-bearing ores, the

operations in the Mining Division process phosphate rock concentrate, which is crucial for stimulating and raising crop yields.

The Acid Division Plant manufactures sulphuric acid, phosphoric acid and phosphate-based granular fertilisers by using

phosphate rock as a raw material.

The mine beneficiates igneous based phosphate rock ore which is used in the Phosphoric Acid as a raw material together

with the Sulphuric Acid to produce Merchant Grade Phosphoric Acid (54 % as P2O5)

There are two types of rock used in phosphoric acid manufacturing. One is sedimentary and the other one igneous rock.

Currently the plant is using only the igneous rock which is characterised by low reactivity. To assist the reaction the process

requires Crystal Habit Modifiers (CHM) to be added in the reactor. The purpose of the CHM is to improve the crystal size and

shape for better filtration and enhance the recovery of weak acid from the filters. It must be noted that Foskor does,

occasionally, use sedimentary rock. This is, however, the exception.

In the reaction section the CHM is dosed utilizing the ratio control philosophy in relation to the sulphuric acid flow. The

filterability of the P2O5/gypsum slurry is a function of temperature, SO3 content, mother liquor density as well as the percentage

solids. These are controlled at the reaction stage. In addition to this the filterability is also affected by the size, size distribution

and morphology of the gypsum crystals as well as the rheology of the slurry. The optimum crystal is based on the length to

width ratio close to 1:1 and if the ratio is different filtration efficiency is affected. Under/Overdosing, change in quality of CHM

results in needle-like shaped crystals which tend to block the pores in the filter cloth. Control of the crystal shape is generally

achieved by means of the addition of CHM which chemically interacts with the crystals driving them towards a more favourable

shape. Therefore, it is imperative that the performance of the CHM is maintained to the highest standard. It is important that

the correct and consistent quality of CHM is used to effectively filter the gypsum crystals and give the desired efficiency of

phosphoric acid recovery.

2. Executive overview

3. Scope of requirements

Refer to Annexure A for the scope of work requirements

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.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

5. General supplier/service provider obligations

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

employed by them.

4.2 The Supplier (s) must comply with the requirements stated in this RFP.

6. Evaluation methodology

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

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)

N/a

Technical / Functional

criteria & weightings

must be stipulated in the

tender document

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).

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

5.1 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] Section 5

were 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 All sections

respondent

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

progress to Step Two for further pre-qualification

5.2 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

Supplier successfully supplying a minimum of 15% Supplier must submit proof of purchase order documents/signed delivery notes for similar 18000kg of soda ash or similar product.

quantities/ signed contracts from both parties/signed

• Above 36000kg of soda ash or similar reference letters from referring companies clearly

product: 20% stating the quantities delivered, date of order placed

• Above 18000kg to 36000kg of soda ash or (Supplier must ensure that the information submitted

similar product: 15% is for the bidding company)

• 18000kg of soda ash or similar product

supplied: 10%

• No relevant experience: 0%

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-11-26/27

• 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.

5.8 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-11-26/27

Section 4: pricing and delivery schedule

8. 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:

8.1 Local Manufacturer(s)

● 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

schedule

● Whether the Bid materially complies with the scope and/or specification given All Sections

Section 2, paragraph 13 ● Proof of registration on the National Treasury Central Supplier Database (CSD)

● Whether any Technical Pre-qualification Criteria/minimum requirements/legal Section 3 – Scope of Work

requirements have been met as follows: Annexure B

• N/a

● Entity’s financial stability

The test for substantive responsiveness [Step Two] must be passed for a Respondent’s proposal to progress to

VAT 15% (if applicable)

Total Inclusive of VAT (where applicable)

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

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.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

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

The successful Respondent(s) [the Supplier 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 Supplier’s price(s) is/are found

to be higher than the benchmarked price(s), then the Supplier 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.

3. “As and when required” contracts

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

3.2 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.

3.3 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.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

3.4 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

3.5 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]

3.6 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:

3.7 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.

[Yes/No]

SECTION 4: Pricing and Delivery Schedule

b) 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:

due diligence of Foskor’s operations and business requirements and assets used by Foskor. Foskor will therefore not consider or permit

any pre- or post-contract verification or any related adjustment to pricing, service levels or any other provisions/conditions based on any

incorrect assumptions made by the Respondent in arriving at his Bid Price;

The successful Respondent [hereinafter referred to as the Supplier 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;

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

disqualify Proposals submitted after the stated submission deadline 29 September 2026. ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-11-26/27

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. 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. ____________________ ____________________ Respondent’s Signature Date and Company Stamp RFP NUMBER: FOSRBY-RFP-11-26/27

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-11-26/27 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-11-26/27

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 : scope of work / specifications

Annexure b : technical evaluation criteria

Annexure c : foskor template goods final supply and delivery agreement

Annexure d : foskor’s general bid conditions

Annexure e : foskor’s supplier integrity pact

Annexure f : non-disclosure agreement

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

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)

BID NUMBER: FOSRBY-RFP-11-26/27 CLOSING DATE: 29 September 2026 CLOSING TIME: 12H00

For the supply and delivery of soda ash dense for a period of thirty-six (36) months

Description

Bid response documents may be deposited in the bid box situate

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

12.1 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.

12.2 Foskor will have quarterly reviews with the Supplier ’s account representative on an on-going basis.

12.3 Foskor reserves the right to request that any member of the Supplier ’s team involved on the Foskor account be

replaced if deemed not to be adding value for Foskor.

12.4 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.

12.5 The Supplier must provide a telephone number for customer service calls.

12.6 Failure of the Supplier 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 Supplier of its intention to

do so.

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: Protection of Personal Information

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___

1 _____________________ _______________________________________

Name _________________ _______________________________________

2 _____________________ _______________________________________

Name _________________ _______________________________________

Signature of respondent’s authorised representative: ___________________________

Name: ____________________________________________

Designation: _____________________________________

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

Section 7: RFP declaration and breach of law form

Name of entity: __________________________________________________________________

We ___________________________________________________________ do hereby certify that:

1. Foskor has supplied and we have received appropriate responses to any/all questions [as applicable] which were submitted by ourselves

for RFP Clarification purposes;

2. We have received all information we deemed necessary for the completion of this Request for Proposal [RFP];

/ 15

5. Tender Evaluation (TEV)

Supply of Soda Ash Dense for neutralization of main sewer line acidity

/ 15

3 Lead time

Submit letter confirming

Suitability of supplier to deliver on time as per SOW section 2 requirement. lead times

Delivery of soda ash within 48 Hours 10% 10%

Delivery of soda ash within 72 Hours 7%

Delivery of soda ash within 120 Hours 5%

Evaluation Criteria (Technical) Main sewer line neutralization using soda ash dense No. Technical Criteria Description % Contribution Proof/Documents to be Notes submitted 1 Product quality compliance Supplier to comply with the scope of work. Certificate of Analysis (COA), 45% 2 Experience in similar contract Supplier successfully supplying a minimum of 18000kg of soda ash or similar product. 20% Supplier must submit proof 1.1. Above 36000kg of soda ash or similar product : 20% of purchase order 1.2. Above 18000kg to 36000kg of soda ash or similar product: 15% documents/signed delivery 1.3. 18000kg of soda ash or similar product supplied: 10% notes for similar quantities/ 1.4. No relevant experience: 0% signed contracts from both parties/signed reference letters from referring companies clearly stating the quantities delivered, date of order placed (Supplier must ensure that the information submitted is for the bidding company).

1. Supplier developed the SHE plan according to scope work 5% Supplier to supply the SHE

4 5%

2. No SHE plan developed according to scope of work 0% plan

Safety data Sheet

Safety Data Sheet (SDS)

5 Supplier must submit detailed safe handling, storage and emergency procedures for the product (SDS) 20%

document

Total Points 100%

Minimum Threshold 70%

Suitability of supplier to deliver on time as per SOW section 2 requirement. lead times

Delivery of soda ash within 48 Hours 10% 10%

Delivery of soda ash within 72 Hours 7%

Delivery of soda ash within 120 Hours 5%

SHE plan

1. Supplier developed the SHE plan according to scope work 5% Supplier to supply the SHE

4 5%

2. No SHE plan developed according to scope of work 0% plan

Safety Data Sheet (SDS)

5 Supplier must submit detailed safe handling, storage and emergency procedures for the product (SDS) 20%

document

Total Points 100%

Minimum Threshold 70%

Supply and delivery of Soda Ash Dense

No. Functionality Criteria Description Weight Proof of returnable documents

1 Product quality compliance

Supplier to comply with the scope of work

Supplier successfully supplying a minimum of 18000kg of soda ash or similar Supplier must submit proof of purchase

product. order documents/signed delivery notes for

1.1. Above 36000kg of soda ash or similar product : 20% similar quantities/ signed contracts from

1.2. Above 18000kg to 36000kg of soda ash or similar product: 15% both parties/signed reference letters from

1.3. 18000kg of soda ash or similar product supplied: 10% 20% referring companies clearly stating the

1.4. No relevant experience: 0% quantities delivered, date of order placed

(Supplier must ensure that the information

submitted is for the bidding company)

Supplier to supply the SHE plan

1. Supplier developed the SHE plan according to scope work 5%
2. No SHE plan developed according to scope of work 0% 5%

5 Safety data Sheet

Safety Data Sheet (SDS) document

Supplier must submit detailed safe handling, storage and emergency procedures

for the product (SDS)

20%

Total Technical Evaluation Criteria Score: 100%

Minimum technical evaluation threshold 70%

Suitability of supplier to deliver on time as per SOW section 2 requirement. Submit letter confirming lead times

Delivery of soda ash within 48 Hours 10% 10%

Delivery of soda ash within 72 Hours 7%

Delivery of soda ash within 120 Hours 5%

4 SHE plan

1. Supplier developed the SHE plan according to scope work 5%
2. No SHE plan developed according to scope of work 0% 5%

Safety Data Sheet (SDS) document

Appointment and Relationship .................................................................................. 9

3. Duration ................................................................................................................... 9
4. Supply of Goods

inclusive of all costs, custom duties, taxes (other than VAT), charges or liabilities incurred by

the relevant Supplier in supplying and delivering the Goods.

6.3 For contracts awared in excess of one year, and unless the Parties agree in writing to any

other agreed pricing escalation methodology, the Contract Price will escalate on each

anniversary of the Commencement Date in accordance with CPI by applying the following

formula:

New Contract Price = current Contract Price (as per previous 12 months) x (1+%CPI)

6.4 The Supplier shall be entitled to recover in addition to the Contract Price any sum in

consequence of or arising from any duty or increase thereon imposed in terms of any

1.1.14 "Delivery Date" means the date required by Foskor for the delivery of Goods,

as set out in a Purchase Order;

1.1.15 "Foskor" means Foskor Proprietary Limited, registration

number 1951/002918/07, a private company incorporated in

accordance with the laws of South Africa;

1.1.16 "Good Industry

Practice" means adherence to the standards, practices or methods and

procedures and the exercise of that degree of skill, diligence,

judgement, prudence and foresight which would reasonably

and ordinarily be expected from time to time from an

international skilled and experienced contractor or

professional conducting any activity or any obligation of a

4.3.2 To the extent that this Agreement and the relevant Purchase Order are silent on any

aspect of delivery, the provisions of DDP Incoterms ® 2020 shall apply, mutatis

mutandis.

4.3.3 Notwithstanding anything to the contrary contained in Incoterms ® 2020,Foskor shall be

deemed to have taken physical delivery of the Goods, and risk in the Goods shall pass

to Foskor, only once the Supplier has completed off-loading and stacking of the Goods

at the Site,

4.3.4 Notwithstanding clauses 4.3.2to 4.3.3, acceptance of the Goods by Foskor shall at all

times be subject to inspection and testing upon physical delivery, and any physical

delivery or payment shall not constitute acceptance or a waiver of Foskor’s rights in

respect of defective or non-conforming Goods. If the Goods do not comply with the

6.1 In consideration for the Goods, Foskor shall pay the Supplier the Contract Price, as evidenced

by valid tax invoices.

6.2 In respect of the Goods, the Contract Price shall be stated in the relevant Purchase Order and

calculated in accordance with the rates and fees in Annexe B. The Contract Price shall be

6.5 The Supplier shall submit an original, correctly prepared tax invoice to Foskor in respect of the

Goods supplied within 5 (five) Business Days after each delivery.

6.6 Each tax invoice shall be in Rand and shall be in a format approved by Foskor from time to

time and shall include, as a minimum:

6.6.1 the relevant Purchase Order number insofar as it relates to supply of Goods;

6.6.2 the relevant Variation Instruction and Variation Confirmation number, if applicable;

6.6.3 the quantity of Goods supplied and the applicable Contract Price owed for the Goods

supplied;

6.6.4 any adjustments to the Contract Price pursuant to the provisions of the Agreement;

6.6.5 the total VAT amount in Rand;

6.6.6 the Supplier's registered company name, registered address and VAT number; and

6.6.7 the Supplier’s nominated bank details (including the name of the account holder, bank,

branch, and account number),

failing which Foskor shall be entitled to withhold payment of the relevant tax invoice until such

time as it has received an invoice which complies with the requirements of this clause 6.

6.7 The Supplier acknowledges that to the extent that this Agreement or any Purchase Order

executed under this Agreement regulates the supply of the Goods to Foskor by the Supplier

and which provides for pricing based upon pricing discounts or rebates or upon preferential

pricing arising from the aggregation of supply, procurement or volumes by Foskor, then, and

to that extent, Foskor shall be entitled to include within its supply, procurement or volumes,

any volumes derived from its Affiliates. This clause 6.7 is subject to the further qualification

that, where an Affiliate, which has benefited from such pricing discounts or rebates or

preferential pricing, ceases to be an Affiliate, then Foskor shall not be entitled to include

volumes derived from such former Affiliate following the cessation of the former Affiliate's

status as an Affiliate in any further supply, procurement or volumes.

6.8 Subject to clauses 6.9 to 6.13, taxed invoices shall be paid by Foskor to the Supplier by way

of electronic transfer and subject to Foskor's rights of set-off under this Agreement and

Applicable Law into the Supplier's nominated bank account, within 30 days from receipt of

such invoice.

1.1 In this Agreement, the following words shall, unless otherwise stated or inconsistent with the

context in which they appear, bear the following meanings and other words derived from the

same origins as such words (that is, cognate words) shall bear corresponding meanings:

1.1.1 "Affiliate" means in respect of any person, any other person who,

directly or indirectly Controls or is Controlled by, or is under

common Control with such person;

1.1.2 "Agreement" means, this agreement, including the Annexes;

"Annexe" means an annexe attached to this Agreement;

1.1.4 "Anti-Corruption

& Sanctions Laws" means (i) all Applicable Laws in connection with bribery and

corruption, including, inter alia, the Prevention and Combating

of Corrupt Activities Act, , United States Foreign

Corrupt Practices Act and the UK Corruption Law (the United

Kingdom Bribery Act, 2010 and, in relation to any conduct

prior to the Bribery Act, 2010 being brought into force, the

United Kingdom Public Bodies Corrupt Practices Act, 1889,

and the Prevention of Corruption Act, 1906); and for sanctions

(ii) any trade, economic or financial sanctions, laws,

regulations, embargos or other restrictions enforced, imposed

and administered from time to time by a sanctions authority

such as the U.S. Department of the Treasury’s Office of

Date" means the date specified in the Letter of Award, or if no such

date is specified,[the date falling [X] months after the

Commencement Date];

1.1.35 "Variation

Confirmation" a written confirmation from Foskor to the Supplier confirming

the amendment to a Purchase Order;

1.1.36 "Variation

Instruction" a written instruction from Foskor to the Supplier to alter,

amend, omit, add or otherwise vary a Purchase Order;

1.1.37 "VAT" value added tax levied in terms of the VAT Act; and

1.1.38 "VAT Act" the Value-added Tax Act, .

1.2 In this Agreement:

1.2.1 references to a statutory provision include any subordinate legislation made from time

to time under that provision and include that provision as modified or re-enacted from

time to time;

1.2.2 words importing the masculine gender include the feminine and neuter genders and

vice versa; the singular includes the plural and vice versa; and natural persons include

artificial persons and vice versa;

1.2.3 references to a "person" include a natural person, company, close corporation or any

other juristic person or other corporate entity, a charity, trust, partnership, joint venture,

syndicate, or any other association of persons;

1.2.4 if a definition imposes substantive rights and obligations on a Party, such rights and

obligations shall be given effect to and shall be enforceable, notwithstanding that they

are contained in a definition;

1.2.5 any definition, wherever it appears in this Agreement, shall bear the same meaning and

apply throughout this Agreement unless otherwise stated or inconsistent with the

context in which it appears;

1.2.6 if there is any conflict between any definitions in this Agreement then, for purposes of

interpreting any clause of the Agreement or paragraph of any annex, the definition

appearing in that clause or paragraph shall prevail over any other conflicting definition

appearing elsewhere in the Agreement;

1.2.7 if there is any conflict or inconsistency between the provisions contained in the main

body of this Agreement and the provisions of the Annexes, then the provisions

contained in the main body of this Agreement shall prevail;

1.2.8 where any number of days is prescribed, those days shall be reckoned exclusively of

the first and inclusively of the last day unless the last day falls on a day which is not a

Business Day, in which event the last day shall be the next succeeding Business Day;

1.2.9 where the day upon or by which any act is required to be performed is not a Business

4.5 Access

4.5.1 Foskor shall provide the Supplier and its Personnel with non-exclusive access to the

Site as required for delivery, subject to Foskor’s access requirements and all applicable

health, safety, environmental, and security ("HSE") policies and procedures.

4.5.2 Any failure by the Supplier or its Personnel to comply with Foskor’s HSE requirements

entitles Foskor, in its sole discretion, to suspend, revoke, or withhold access to the Site

or remove non-compliant Personnel, with the Supplier bearing all associated costs.

4.5.3 The Supplier shall cooperate with Foskor’s Personnel to avoid disruption or interference

at the Site.

4.5.4 The Supplier shall be obliged to procure that its Personnel who no longer require the

right of access to the Site or any part thereof shall immediately return all access cards,

security codes and the like, as well as any other property belonging to Foskor.

4.5.5 The Supplier shall be liable to Foskor for any direct or indirect loss suffered by Foskor,

its Personnel, or its clients arising from any negligence, theft, fraud, or other criminal act

committed by the Supplier’s Personnel, as proven on a balance of probabilities, while

on Foskor’s premises or property in connection with the performance of this Agreement.

information and documentation relating to:

4.7.1 the Goods;

4.7.2 the proper and safe handling, storage, [use and disposal] of the Goods;

4.7.3 any hazards associated with the Goods;

4.7.4 the conditions necessary to ensure that the substance will be safe and without risks to

health when properly used;

4.7.5 the procedures to be followed in the event of an accident involving the Goods; and

4.7.6 any other information required to enable Foskor to prepare the necessary safe work

procedures or other health and safety related documentation.

8.1 The Supplier warrants as follows to Foskor as at the Signature Date and at all times during

the Contract Period that:

8.1.1 it is a company, duly incorporated under the laws of South Africa and that it has the

power to own its assets and carry on its business as it is being conducted;

8.1.2 it has the power and has taken all necessary corporate action to authorise the entry

into, performance and delivery of this Agreement and the transaction contemplated

herein;

8.1.3 the Agreement constitutes legal, valid and binding obligations;

8.1.4 it shall comply with all Applicable Laws;

8.1.5 it shall obtain and maintain all relevant permits, licences and other approvals or

authorisations necessary for the supply and delivery of the Goods;

8.1.6 conduct itself in a professional manner and in accordance with Good Industry Practice;

8.1.7 comply with Foskor's Policies, procedures, rules and regulations at the Site, including

any environmental, health and safety and management plans;

8.1.8 it has the necessary resources, facilities, personnel, skills, expertise and experience to

perform its obligations under this Agreement;

8.1.9 it shall, if applicable, maintain its manufacturing and storage facilities in good working

order and condition for the purposes of the supply of the Goods terms of this Agreement,

and shall ensure that its facilities comply with all Applicable Laws at all times;

8.1.10 it has an adequate number of personnel available, and the personnel are appropriately

trained, experienced and qualified, to perform the Supplier's obligations under this

Agreement;

8.1.11 the Goods shall be:

8.1.11.1 free of all liens, claims, hypothecs and other encumbrances;

8.1.11.2 compliant with the Standards;

8.1.11.3 reasonably acceptable to Foskor;

8.1.11.4 will be fit for the specific purpose communicated by Foskor to the Supplier and

for the general purpose for which such Goods are ordinarily used;

8.1.11.5 usable and durable for a reasonable period of time.

8.2 Foskor warrants to the Supplier at the Signature Date and at all times during the Contract

undeclared), hostilities, executive or administrative orders or acts of either general or particular

application of any government or of any officer or agent acting under the authority of such

government, blockade, labour disturbance, strikes, riot, quarantine restrictions, pandemic,

epidemic, earthquakes, load shedding, power failures/outages or expropriation ("Force

Majeure Event").

20.2 If a Party is prevented from fulfilling its obligations under this Agreement by reason of Force

23.2.1.2 The request to nominate an arbitrator shall be in writing outlining the claim and

any counterclaim of which the Party concerned is aware and, if desired,

suggesting suitable nominees for appointment, and a copy shall be furnished to

the other Party who may, within 5 (five) days, submit written comments on the

request to the addressor of the request.

23.2.2 venue and period for completion of arbitration

23.2.4 arbitrator's decision

23.2.4.1 The decision of the arbitrator shall, in the absence of manifest error, be final and

binding on the Parties and shall not be subject to appeal unless otherwise agreed

in writing between the Parties.

23.2.4.2 The arbitrator's decision may be made an order of court at the instance of any

matter of the Agreement and supersedes and novates in its entirety any previous

understandings or agreements between the Parties in respect thereof, and the Parties waive

the right to rely on any alleged provision not expressly contained in this Agreement. Without

derogating from the generality of the aforegoing, no terms and conditions appearing on the

{"name":null,"email":null,"phone":null,"department":null,"address":"s indicated in the Bid"}

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 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 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;

After the closing date of a Bid (i.e. during the evaluation period) the Respondent may only communicate with

provide their best and final offers to Foskor based on such negotiations. A final evaluation will be conducted

in terms of 80/20 or 90/10 (whichever is applicable) and the contract will be negotiated and awarded to the

28 quality of material ....................................................................................................................... 8

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

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

b) However, in addition to the aforegoing the Respondent is invited to submit offers based on

alternative methods of payment and/or financing proposals.

c) 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.

d) 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

ordered against the contract, which orders are posted or delivered by hand or transmitted

electronically on or before the expiry date of such contract.

b) 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.

c) 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

a) Period Contracts and Fixed Quantity Requirements

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:

a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt

of Bids;

b) 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;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) 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;

f) has made any incorrect statement in a certificate or other communication with regard to the

(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;

g) caused Foskor damage, or to incur costs in order to meet the contractor’s requirements and

which could not be recovered from the contractor;

h) 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.

d) Abuse of court process. When a supplier/service provider abuses the court process in order to

gain a competitive advantage during a bid process.

35.8 Where any person or Enterprise has been found guilty by a court of law, tribunal or other

administrative body of a serious breach of any law, during the preceding 5 Years, such

person/Enterprise may also be blacklisted. Serious breaches of the law would include but are not

limited to corruption, fraud, theft, extortion, or contraventions of the Competition Act (e.g.

collusive tendering). This process excludes minor convictions such as traffic offences or personal

disagreements between parties which have no bearing on the business operations of the person or

parties, appropriate written undertakings to be provided, containing similar terms to that set forth in

this paragraph 37, and dealing with that third party's obligations in respect of its processing of the

personal data. Following approval by the other Party, the Party requiring permission agrees that the

provisions of this clause 37 shall mutatis mutandis apply to all authorised third parties who process

personal data.

36.4 The Parties shall ensure that any persons authorized to process data on their behalf (including

employees and third parties) will safeguard the security, integrity and authenticity of all data. Where

necessary to meet this requirement, the Parties shall keep all personal data and any analyses,

profiles, or documents derived therefrom logically separated from all other data and documentation

held by it.

36.5 The Parties shall carry out regular assessments to identify all reasonably foreseeable internal and

external risks to the personal data in its possession or under its control. The Parties shall implement

and maintain appropriate safeguards against the risks which it identifies and shall also regularly verify

that the safeguards which it has in place has been effectively implemented.

36.6 The Parties agree that they will promptly return or destroy any personal data in their possession or

control which belongs to the other Party once it no longer serves the purpose for which it was

collected in relation to the Bid process, subject to any legal retention requirements. This may be at

the request of the other Party and includes circumstances where a person has requested the Parties

to delete all instances of their personal data. The information will be destroyed in such a manner that

it cannot be reconstructed to its original form, linking it to any particular individual or organisation.

36.7 Personal Information security breach: Respondent’s Obligations

a) The Respondent is required to notify the Information Officer of Foskor, in writing as soon as

possible after it becomes aware of or suspects any loss, unauthorised access or unlawful use of

any personal data and shall, at its own cost, take all necessary remedial steps to mitigate the

extent of the loss or compromise of personal data as quickly as is possible. The Respondent shall

also be required to provide Foskor with details of the persons affected by the compromise and the

nature and extent of the compromise, including details of the identity of the unauthorised person

who may have accessed or acquired the personal data.

b) The Respondent shall provide on-going updates on its progress in resolving the compromise at

reasonable intervals until such time as the compromise is resolved.

c) Where required, the Respondent may be required to notify the South African Police Service;

and/or the State Security Agency and where applicable, the relevant regulator and/or the affected

persons of the security breach. Any such notification shall always include sufficient information to

allow the persons to take protective measures against the potential consequences of the

compromise.

d) The Respondent undertakes to co‐operate in any investigation relating to security which is carried

out by or on behalf of Foskor including providing any information or material in its possession or

control and implementing new security measures.

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