Office space rental at groenkloof national park, pretoria (5-Year contract)

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Bidders must initial every page of the Standard Terms and Conditions of Contract (including Annexure C) through their authorised representative to indicate acceptance. If a bidder does not accept any term or condition, they must clearly indicate non-acceptance by either marking up the relevant provisions in the document or submitting a separate document detailing proposed amendments or comments as part of their bid response. Failure to initial each page and to indicate objections through mark-ups or a separate submission will be deemed by SANParks as the bidder's full acceptance of all terms and conditions. The bidder acknowledges by initialling or submitting comments that it has fully read and understands the provisions, has no expectation of award, and does not deem the initialling as creating any binding contract with SANParks. SANParks reserves the right to amend these standard terms and conditions at its sole discretion.

The Service Provider must be a legally constituted entity registered on the Central Supplier Database (CSD) with a valid tax status (SARS tax pin/clearance). It must hold a valid B-BBEE Verification Certificate (or qualifying sworn affidavit for QSE/EME) to claim preference points. The Provider and its Key Personnel must possess the necessary expertise, skills, experience, and professional memberships required by the RFP and applicable legislation. The Provider must not have committed an act of insolvency, must have favourable credit and criminal vetting reports for all Personnel, and must not be in breach of any other agreement by fulfilling this contract. No specific CIDB grading or local content percentage is stated in the provided text.

The scope and details of the Services to be rendered by the Service Provider to SANParks are specified in the Bid Documents and the Contract Schedule (Annexure A). The Service Provider must render the Services such that they conform in all material respects to the Bid Documents, the provisions of the Agreement, Good Industry Practices, and the Service Levels. The Service Provider is responsible for timeously arranging and bearing the costs associated with the repair of damage and/or necessary replacement to the Premises and/or SANParks Equipment caused due to its and/or its Personnel's negligence and/or wilful default. The Service Provider shall be deemed to have inspected the Premises and SANParks Equipment, to which it has access and/or use, and to be thoroughly acquainted with the conditions under which the Services are to be executed. All Services delivered are subject to review by SANParks, which may reject any Services that do not comply with the Agreement, any partial delivery, or late delivery. Time is of the essence in respect of the supply and delivery of the Services. The Service Provider must comply with SANParks' Internal Rules and Security Rules, including personnel screening, search of personnel and baggage, and prohibition on photographic or electronic records of the Premises without prior written consent. The Service Provider must appoint a Key Account Manager with sufficient seniority to act as primary day-to-day representative, and a substitute whenever the Key Account Manager is unavailable. All Personnel must wear appropriate personal protective equipment, be medically fit, not under the influence of intoxicating substances, and may not cook food or sleep at the Premises unless expressly permitted.

The Pricing Schedule (Annexure B) details the rates and manner of payment of the Contract Price by SANParks to the Service Provider. The Contract Price is the amount specified in the Contract Schedule (Annexure A). SANParks pays the Contract Price in accordance with the Pricing Schedule. If the Contract Price is subject to annual price adjustment (as provided in the RFP), the Service Provider must submit a proposed pricing schedule in a format similar to Annexure B prior to each anniversary of the Commencement Date. All payments are made by electronic funds transfer to the bank account nominated by the Service Provider, as reflected in the Central Supplier Database or applicable government supplier registration system. Invoices must specify Deliverables rendered, fees, actual time spent (if applicable), Personnel with titles and rates, substantiating documents (monthly incident/occurrence report, attendance register), and total fees payable. SANParks pays undisputed invoices within 30 days of receipt with supporting documents, provided they are accurate and meet legislative/operational requirements. SANParks may dispute invoices within 14 days of receipt. The Service Provider must maintain complete records and audit trail for 5 years post-expiry/termination. SANParks may audit books, records, and documentation. SANParks may set off amounts due against amounts payable. The Service Provider indemnifies SANParks against losses from incorrect invoices, supporting documentation, and bank details.

SANParks will pay the Service Provider the Contract Price in accordance with the Pricing Schedule (Annexure B). In the event that the Contract Price is subject to annual price adjustment (as provided in the RFP), the Service Provider shall submit to SANParks for consideration a proposed pricing schedule in a format similar to Annexure B prior to each anniversary of the Commencement Date. All payments will be made by way of electronic funds transfer into the bank account nominated by the Service Provider, the details of which are reflected in the Central Supplier Database or any government supplier registration system in effect at the time of payment. SANParks will not be liable for payment of invoices in respect of any fees, rates, expenses and/or prices not reflected in the Contract Schedule or Pricing Schedule, unless agreed to in writing by a duly authorised representative of SANParks. Each invoice must specify in sufficient detail the Deliverables rendered, the fee payable, actual time spent (if applicable), relevant Personnel with titles and rates, accompanying substantiating documents including monthly incident/occurrence report and attendance register, and total fees payable. Undisputed invoices will be paid within 30 days after receipt of the invoices and supporting documents, provided invoices are accurate and meet all relevant legislative and operational requirements. SANParks may dispute an invoice by giving written notice of the nature of the dispute within 14 days of receipt. The Service Provider must maintain complete and accurate records and supporting documentation for amounts invoiced and payments made for a period of 5 years after expiry or termination of the Agreement, and must maintain a complete audit trail. SANParks (including its external auditors or legal advisors) is entitled to inspect all books, records, and supporting documentation related to the rendering of the Services during business hours on reasonable notice. SANParks may set off any amounts due to it against any amounts payable to the Service Provider. The Service Provider indemnifies SANParks against any and all losses arising from any breach of the Agreement, including submission of incorrect invoices, supporting documentation, and bank details.

The Service Provider must be registered on the Central Supplier Database (CSD) with a valid tax status (SARS tax pin/clearance). It must hold a valid B-BBEE Verification Certificate issued by a Verification Agency, or in the case of a Qualifying Small Enterprise (QSE) or Exempted Micro Enterprise (EME), the score to which such QSE or EME is entitled upon submission of a sworn affidavit, to the extent allowed by procurement laws and B-BBEE Codes. The Service Provider must be a member of all professional and other bodies as required in terms of the RFP and applicable legislation/industry regulations, and such membership must be current and valid and maintained for the duration of the Agreement. The Service Provider must hold, and will hold throughout the Agreement, all licences, certificates, permits, consents and authorities required to perform its obligations. All Personnel must have been subjected to a credit and criminal vetting process with favourable reports. All Personnel must have undergone necessary occupational medical assessments and hold valid certificates of fitness to perform the Services allocated to them, where such assessments are required by applicable law or industry practice. The Service Provider must not have committed an act of insolvency as contemplated in section 8 of the Insolvency Act. By fulfilling its obligations under the Agreement, the Service Provider must not be in breach of or default under any other agreement to which it is a party or any obligation it otherwise owes to a third party. The Service Provider must comply with all applicable Laws, including the Occupational Health and Safety Act (OHS Act), and must ensure Personnel comply with OHS Act provisions while rendering Services at the Premises. The Service Provider must comply with POPIA (Protection of Personal Information Act) requirements for processing Personal Information, including as Responsible Party and Operator, with specific obligations for data security, breach notification, confidentiality, restrictions on third-party processing and cross-border transfers, and indemnification for breaches. The Service Provider must comply with SANParks' Internal Rules and Security Rules. No specific CIDB grading or local content percentage is stated in the provided text.

The Service Provider must comply with the Occupational Health and Safety Act (OHS Act) and ensure Personnel comply with its provisions while rendering Services at the Premises. Specific health and safety requirements: all Personnel must wear appropriate personal protective equipment at all times while rendering Services at the Premises; no Personnel may render Services if medically unfit to safely perform allocated work; no Personnel may access the Premises or render Services if under the influence of any intoxicating substance; Personnel granted access to the Premises may not cook food or sleep at the Premises unless expressly permitted. The Service Provider must ensure all Personnel have undergone necessary occupational medical assessments and hold valid certificates of fitness where required by applicable law or industry practice. The Service Provider must procure that all Personnel comply with the OHS Act. The Agreement defines OHS as occupational health and safety and references the OHS Act (Act number not specified in extracted text).

The bidder acknowledges by initialling these terms and conditions or submitting comments that it has fully read and understands the provisions, has no expectation of award, and does not deem the initialling as creating any binding contract between it and SANParks. SANParks reserves the right to amend these standard terms and conditions at its sole discretion.

These standard terms and conditions of contract are or form part of the special conditions of contract referred to in the General Conditions of Contract (GCC) and will form part of the service agreement to be concluded between SANParks and the preferred bidder upon bid award, at which time Annexure A (Contract Schedule) and Annexure B (Pricing Schedule) will be concluded. In the event of a conflict between the documents comprising the Agreement, the order of precedence (descending priority) is: RFP; these Terms and Conditions of Contract; Annexures; Bid Response (including annexures); Letter of Intent; Purchase Order. Where the Special Conditions of Contract conflict with the GCC, the Special Conditions take precedence. Where Annexures include provisions on matters where the Terms and Conditions are silent, the Annexure provisions apply. Any terms and conditions stipulated by the Service Provider will not apply to the appointment or rendering of Services and will be of no force and effect unless specifically excluded in the Agreement.