Suitable national office accommodation

{"closingDate":"8 December 2026","closingTime":"11h00","briefingSession":"{"date":null,"time":null,"venue":null,"is_compulsory":false}"}

16 qualification and evaluation ........................................................ 31

to ensure operational functionality at a national level. The Electoral Commission

1.25 “PPPFA” means the Preferential Procurement Policy

1.27 “Recommended Bidder” means the Bidder who following evaluation of its

2.5 Bidders are therefore, at any stage of the Project, permitted to request any

(70) open or covered visitors parking bays and be in compliance with the CTMM

provides for the outright purchase of a quality office facility including the

10.9.1 Purchase of a quality office facility including the fit out as described in this

evaluation criteria stipulated in section 16 of this Tender.

10.1 The Electoral Commission is an independent constitutional body established

under Section 3 of Electoral Commission Act to manage free and fair elections

of legislative bodies.

10.2 The Electoral Commissions’ national office is located in the City of Tshwane

Metropolitan Municipality (CTMM). The Electoral Commission is currently

located at, Riverside Office Park, 1303 Heuwel Avenue, Centurion, 0157, refer

to Figure 10-1.

Figure 10-1: Electoral Commission current national office location

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10.3 The Electoral Commission is seeking to discontinue the leasing of office

accommodation for its national office and has resolved to embark on an outright

purchase of a suitable property for the Electoral Commission national office as

per the Definition of the Preferred Location Definition 1.22 of this Tender.

10.4 The Electoral Commission national office currently operates on a lease

agreement with the Property Owner. This situation is far from ideal based on the

mandate and the statutory functions of the Electoral Commission. After almost

28 years of the Electoral Commission being operational this national office

accommodation situation requires that the Electoral Commission stabilises its

physical national office location and is strategically located, for accessibility to all

Stakeholders in a high-performance environment and reduces the exposure to

vulnerabilities of the Electoral Commission, its staff and stakeholders.

10.5 In order to deliver on the mandate of the Electoral Commission and to optimize

services to stakeholders, and as part of value for government it is critical that the

Electoral Commission office accommodation infrastructure is adequate and

efficient.

10.6 The Electoral Commission has therefore resolved to acquire new office

accommodation for the Electoral Commission national office through the

purchase of an existing building within the agreed timelines. The Electoral

Commission has prepared the needs for the national office specifications as set

out in this Tender Specification.

10.7 The Electoral Commission engaged GTAC and technical resources in respect of

the Project, to advise the Electoral Commission on the procurement process and

to conclude the Offer to Purchase Agreement, the property transfer through the

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Deeds Office, envisage refurbishment and fit out, and move management

related to the Project.

10.8 Understanding User Needs

10.8.1 The feasibility study conducted by the Electoral Commission indicated the

Electoral Commission’s needs determination and space planning assessment

to ensure operational functionality at a national level. The Electoral Commission

requires property that should be at least 10 115 m2 excluding parking

requirements which are detailed in paragraph 10.8.9. The Electoral Commission

has determined a 15% tolerance range for the accommodation needs. The

Electoral Commission will only pay for a maximum of 11 633 m2 regardless of

the size of the building, for any facilities greater in size of the tolerance range.

Grade P or A building with upgrades to a 4-star green building will be

considered. The GLA will be measured in accordance with SAPOA Method for

Measuring Floor Areas (MOMFA) for Offices. The square meters indicate the

intended offices, workspace, support and special areas provided in the new

Electoral Commission national office specifications Volume technical

outputs documentation.

10.8.2 The office accommodation must cater for a combination of general open plan

environments (for staff workstations, filing cabinets and several high-density

filing cabinets) and enclosed offices for identified persons.

10.8.3 No warehouse or industrial type buildings will be accepted.

10.8.4 The Technical Output Specifications are highlighted in Volume 3.

10.8.5 The Electoral Commission national office should have the capacity to

accommodate approximately 295 people including contract workers and

temporary staff.

10.8.6 The accommodation schedule, general and room data sheets are included in

Volume 3: Section 3 C, E, F and G.

10.8.7 The new Electoral Commission national office will furthermore incorporate

design, construction and operational practices that will significantly reduce or

eliminate the negative impact of the development on the environment and

people. The building will have backup power and should be energy

efficient, resource efficient, and environmentally responsible.

10.8.8 The space calculations include the accommodation of the Electoral

Commission’s future growth, estimated at 10% over the next 10 years in Volume

3 Table 1.

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10.8.9 The property should make allowance for a minimum of three-hundred and sixty-

five (365) parking bays and must be broken down approximately as follow; one

hundred and fifty (150) safe basement parking bays, one hundred and forty-five

(145) undercover parking bays for staff (including pool vehicles) and seventy

(70) open or covered visitors parking bays and be in compliance with the CTMM

parking by laws.

10.9 Scope of the Services

The procuring of Electoral Commission office accommodation for national office

provides for the outright purchase of a quality office facility including the

following as described in Volume : Technical Output document:

10.9.1 Purchase of a quality office facility including the fit out as described in this

document.

10.9.2 The Bidder will provide project management services.

10.9.3 The Bidder will carry out the full fit out design and construction for the purpose

of the office environment.

10.9.4 The Bidder will also manage and carry out the office relocation service.

10.9.5 The Bidder will also be responsible for liaising and coordinating and integrating

the Project Programmes with the Electoral Commission approved ICT

contractor.

10.10 Project Objectives and Goals

10.10.1 The primary objective of issuing this Tender is for the Electoral Commission to

conclude an Offer To Purchase Agreement with a suitably qualified

Recommended Bidder with a responsive proposal.

10.10.2 The Project is planned to actively promote a range of Electoral Commission

objectives, which are outlined on the Electoral Commission’s website.

10.10.3 The Electoral Commission has identified Project goals which are imperative to

the development of the Project.

10.10.4 The Project goals are as follows:

10.10.4.1 procurement of a cost effective, consolidated and compliant

working environment within an optimal project structure; and

10.10.4.2 successful achievement of the Volume 3: Technical Output

Specifications developed for the Project.

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10.10.5 The successful Bidder will carry out the full fit out, space planning, project

management, relocation, preliminary and final design, and construction for the

purpose of a refurbished office environment.

11 legal framework of the project

11.1 It is the intention of the Electoral Commission upon receipt of proposals to

consider and evaluate the proposals from Bidders, and thereafter to appoint a

Recommended Bidder, having regard to the extent to which each proposal is

likely to achieve the Project objectives and goals, applying the qualification and

evaluation criteria stipulated in section 16 of this Tender.

11.2 Finalising the Offer to Purchase Agreement

11.2.1 Bidders may only make comments and mark up the Offer To Purchase

Agreement (Volume 2) on commercial issues. If Bidders have made any such

comments or mark- ups their response/s should be attached as Annexure B

(Comments and Mark-ups on Commercial Issues).

11.2.2 Mark-ups and Comments to the Offer To Purchase Agreement should be

marked up and presented in hard copy and electronically in MS Word format,

2003 version or later on the memory stick together with the full response as per

clause 8.1.3.

11.2.3 In the event that proposed changes are made in the Offer To Purchase, they

should be marked up with track changes. Sections in the Offer To Purchase that

have not been marked up with tracked changes will be considered to have been

accepted as issued and no further negotiations will be entered into if the Bidder

is selected as the Recommended Bidder.

11.2.4 Each mark-up is to be motivated by way of a consecutively numbered footnote

to the change.

11.2.5 Word processor changes should be in the following format:

11.2.5.1.1 deletion - strike through and tracked;

11.2.5.1.2 insertions - underlined, in bold and tracked; and

11.2.6 comments/reasons for changes - footnote, to be inserted immediately after the

proposed change, and inserted as an "Insertion" (i.e., underlined, in bold and

tracked).

11.2.7 Bidders are not allowed to re-number any provisions of the Offer to Purchase

Agreement.

12 preferred location and building type

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12.1 Means the description as per Definition 1.22.

12.1.1 A stand-alone building or a series of linked adjacent buildings or be able to be

transformed into a standalone campus in the case of an office park environment.

Further details are contained in Volume 3, Section 3.

12.1.2 The Preferred Location is:

12.1.2.1 Accessible to and from public transport arteries, Gautrain and Public

Transport.

12.1.2.2 Easy access to main highways such as N14, R21 and N1 and

appropriate access to main arterials.

12.1.2.3 In proximity to eating facilities, schools, banks, general medical

facilities.

12.1.2.4 Situated in the proximity of 10 km radius to a police station from the

Bidder’s proposed building location, for immediate reaction for

vulnerability during protests.

12.1.2.5 Able to provide alternative access and exit for ease of access control

during protests and picketing.

12.1.2.6 Able to have universal access for people with disabilities. The toilets,

ramps and parking facilities must be disability friendly.

12.1.2.7 Adequate with safe parking for both visitors and employees.

13 technical output specifications of the project

13.1 Volume 3 of the Tender document sets out the specific requirements for the

Electoral Commissions’ national office which includes the space, architectural,

structural requirements, space planning requirements and fit out requirements,

project management and relocation plan.

14 procurement process and project programme

14.1 Procurement Process

14.1.1 The Project procurement process philosophy is based, amongst other things,

on the following considerations:

14.1.1.1 an accelerated procurement strategy being adopted;

14.1.1.2 extensive Bidder interaction at an early stage being introduced;

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14.1.1.3 curtailed negotiation phase with prompt Commercial Close being

pursued by the Electoral Commission; and

14.1.1.4 Bidder commitment to the Commercial Close programme.

14.1.2 The Project procurement process consists of the following phases:

14.1.2.1 publication of the Tender;

14.1.2.2 submission of Bids;

14.1.2.3 evaluation of Bids;

14.1.2.4 Letter of Intent to Recommended Bidder;

14.1.2.5 negotiation, commercial close and Contract Award; and

14.1.2.6 Should the negotiation with the Recommended Bidder not be

successful, the Electoral Commission reserves the right to go to the

next qualifying Bidder as identified in Section 14.1.2.3 to negotiate.

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14.2 Meetings

14.2.1 Bidder meetings

14.2.1.1 In order to ensure that the submission date deadline is met and to

enable well thought through and thorough proposals, the

procurement process envisages on-going interactions with Bidders

that are structured in such a way so as to not prejudice the process

or compromise the competitive position of any Bidder, but that will

enable transparency and a competitive outcome that will benefit the

Electoral Commission.

14.2.1.2 Prospective Bidders are required to attend a compulsory briefing

session on the Project.

14.2.2 Further meetings

The Electoral Commission reserves the right to arrange any further meetings

with potential Bidders who have registered as detailed in Section 4, as it may

be required from time to time.

14.2.3 Briefing Notes

All information in written form provided on an ad hoc basis by the Electoral

Commission whether in response to a query or otherwise will be issued in the

form of a Briefing Note. Briefing Notes will be sequentially numbered. It will be

the responsibility of each Bidder to ensure that it refers to and takes account of

such Briefing Note(s) in any submission(s) to the Electoral Commission, or its

proposal. Briefing Notes will be provided electronically to all Bidders who

attended the compulsory briefing session.

14.3 Request to submit proposals

14.3.1 Prospective Bidders are required to provide a comprehensive response to the

information contained in Volumes 1 to 3 and communicated in the clarification

and Briefing notes.

14.3.2 Prospective Bidders should refer to the evaluation criteria as contained in

section 16 of Volume 1 but should provide an integrated response from the

requirements listed in Volume 3.

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14.4 Project Procurement Programme

14.4.1 The procurement of the National Office Accommodation, will be undertaken in

a single phase, being the Tender phase, which may be at the discretion of the

Electoral Commission.

14.4.2 The dates and milestones below are a guideline of the Project procurement

program and are subject to change at the discretion of the Electoral

Commission.

o. Milestones Date

1. Issue of Tender with an advert 9 September 2026

2. Compulsory briefing session 29 September 2026

3. Final date to submit queries 23 November 2026

4. Closing date of Tender 10 December 2026

5. Proposal evaluation, adjudication, due

diligence and Selection of Recommended 30 June 2027

Bidder

6. Negotiations conclusion 30 September 2027

7. Signing of the Offer to Purchase for the

30 October 2027

Building

15 mandatory response requirements

15.1 The Bid submissions must include requirements outlined herein, failure to

do so will result in the disqualification of your bid.

15.1.1 Building on offer is within the 8 km radius defined in the Preferred Location

(section 1.22).

15.1.2 The required property should be upwards of 10 115 m2, excluding parking. The

Electoral Commission has determined a 15% tolerance range for the

accommodation needs. The Electoral Commission will only pay for a maximum

of 11 633 m2 regardless of the size of the building, for any facilities greater than

the tolerance range. Grade P or A building with upgrades to a 4-star green

building will be considered. The GLA will be measured in accordance with the

SAPOA Method Of Measuring Floor Areas (MOMFA) for offices.

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purchase price etc.

8.3.2.3.3 The Purchase costs include the price for the

purchase of the Building as a “box” including all

costs that are to the Seller’s account, i.e., demolition

costs for existing fit out.

8.3.2.3.4 The Fit out costs include all requirements under the

Bidder’s responsibilities for space planning,

preliminary and final design of all professionals,

manufacture, including procurement and

subcontracting (if any), delivery, fit out construction,

testing, pre-commissioning and commissioning (as

applicable) of the Project and, where so required by

the Tender Document, the acquisition of all permits,

approvals and licenses, etc.; the operation,

maintenance and training services and such other

items and services as may be specified in the

Bid Bond: Performance Guarantee to the

value of 10% of the fit out works from a local South

African financial institution.

8.3.2.5.2 The Performance Guarantee specified above shall

be a demand guarantee in any of the following

forms at the Bidder’s option:

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Proof of ownership of Volume 1: Section

B-BBEE Details: ................................... 54

20 governing laws and rules .............................................................. 55

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1 glossary of terms

For purposes of this document, the following definitions are used and all

references to legislation are to legislation as amended from time to time:

1.1 “Advisor” means the advisors appointed by the Electoral

Commission (Electoral Commission), to provide

advisory services in relation to the Project.

1.2 “B-BBEE” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. );

together with the Broad-Based Black Economic

Empowerment Amendment Act, 2013 (Act No. ).

1.3 “Bid” means a written offer in a prescribed or stipulated

form in response to an invitation by an organ of State

for the provision of services, works, or goods through

price quotations and advertised competitive bidding

processes.

1.4 “Bidder” means a legal entity/joint venture/consortium who

having received the Tender intends to respond

thereto by submitting a proposal in writing.

1.5 “Black People” has the meaning defined in the Broad Based Black

Economic Empowerment Act .

1.6 “Commercial Close” means the date of signature of the Offer to Purchase

Agreement for the Project, and if signed on different

dates, the last of such dates, pending the property

being registered with the Deed Office.

1.7 “Consortium or Joint means an association of persons for the purpose of

Venture” combining their expertise, property, capital, efforts,

skill, and knowledge in an activity for the execution of

a contract.

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S

Annexure I. Building Details Volume 3: Section A

Annexure J. Space planning layouts Volume 3: Section C

Annexure K. Zoning and town planning Volume 3: Section B

for building being proposed

Annexure L. Accessibility Volume 1: Section 12

Annexure M. Safety and security Volume 3: Section EE5

Annexure N. Urban Environment Volume 3: Section B

Annexure O. Building Condition Volume 3 Section B

Volume 1: Section 10

1.9 “Commission” means the Electoral Commission established by

section 6 (1) of the Electoral Commission Act , i.e., the Commissioners.

1.10 “CTMM” Means the City of Tshwane Metropolitan Municipality.

1.11 “Electoral Commission” means an independent constitutional body

established under section 3 of Electoral Commission

7.1.4 Any additional information, responses to queries and/or changes to the Tender

will be communicated to Bidders in the form of Briefing Notes. Bidders are

advised to ensure that they have received all issued Briefing Notes. All

questions, clarifications and briefing notes will be published on our website and

made available to all Bidders who attended the compulsory briefing session, to

ensure a fair, transparent and competitive bidding process.

7.1.5 Bidders may ask for clarification on this Tender invitation up to 14 (fourteen)

business days before the closing date specified for this Tender.

7.1.6 Any additional information, responses to questions and clarification to Bidders

will be communicated through briefing notes. The briefing notes will be issued

on a weekly basis, save when there is no additional information, questions or

clarifications, in such instances, there will be no briefing notes issued.

10 project background

10.1 The Electoral Commission is an independent constitutional body established

under Section 3 of Electoral Commission Act to manage free and fair elections

of legislative bodies.

10.2 The Electoral Commissions’ national office is located in the City of Tshwane

Metropolitan Municipality (CTMM). The Electoral Commission is currently

located at, Riverside Office Park, 1303 Heuwel Avenue, Centurion, 0157, refer

to Figure 10-1.

Figure 10-1: Electoral Commission current national office location

outputs documentation.

10.8.2 The office accommodation must cater for a combination of general open plan

environments (for staff workstations, filing cabinets and several high-density

filing cabinets) and enclosed offices for identified persons.

10.8.3 No warehouse or industrial type buildings will be accepted.

10.8.4 The Technical Output Specifications are highlighted in Volume 3.

10.8.5 The Electoral Commission national office should have the capacity to

accommodate approximately 295 people including contract workers and

temporary staff.

10.8.6 The accommodation schedule, general and room data sheets are included in

Volume 3: Section 3 C, E, F and G.

10.8.7 The new Electoral Commission national office will furthermore incorporate

design, construction and operational practices that will significantly reduce or

eliminate the negative impact of the development on the environment and

people. The building will have backup power and should be energy

efficient, resource efficient, and environmentally responsible.

10.8.8 The space calculations include the accommodation of the Electoral

Commission’s future growth, estimated at 10% over the next 10 years in Volume

3 Table 1.

10.10.5 The successful Bidder will carry out the full fit out, space planning, project

management, relocation, preliminary and final design, and construction for the

purpose of a refurbished office environment.

two separate sealed envelopes or boxes. One envelope/box shall contain only

information relating to the Technical Proposal and the other, only information

relating to the Financial Proposal.

3 bidders’ due diligence

3.1 Bidders must perform an appropriate due diligence on all technical, legal,

financial, environmental, town planning, and other matters relevant to the

Annexure A. Proof of ownership of Volume 1: Section

building 15.1.3

Annexure B. Marked up Offer to Volume 1: Section 11.2

Purchase and Volume 2

Annexure C. Rates and Taxes Volume 1: Section

(Statements not older than 16.10.1 and Volume 2

3 months from date of

issue of the Tender)

Annexure D. Levy Statement (not older Volume 1: Section

than 3 months from date of 16.10.1 and Volume 2

issue of the Tender) if

property in an office block

Annexure E. Declaration of any liens Volume 1: Section

against the property 16.10.1 and Volume 2

Annexure F. A schedule of Volume 1: Section

legal/litigation disputes 16.10.1 and Volume 2

involving the property

(pending) at the date of bid

submission or letter

declaring that there are no

disputes

Annexure U. Security agreement or Volume 1: Section

guarantees involving the 8.2.2.5

property

16 qualification and evaluation ........................................................ 31

17 confidential information ................................................................ 52

18 intellectual property...................................................................... 54

19 indemnity ................................................................................................. 54

20 governing laws and rules .............................................................. 55

liability or responsibility for the adequacy, accuracy or completeness of any of

the information or opinions stated in this Tender or other related documents.

2.9 No representation or warranty, express or implied, is or will be given by the

with respect to the information or opinions contained in this Tender or other

related documents. Any liability in respect of such representations or warranties,

howsoever arising is hereby expressly disclaimed.

2.10 The Electoral Commission reserves the right to amend, modify or withdraw this

any time and from time to time, without prior notice and without liability to

compensate or reimburse any Bidder.

2.11 If any Bidder, its employees, advisors or agents make or offer to make any gift

to any public official or employee of the Electoral Commission, Consultant or

6.8 Cost of Submitting Proposals

6.8.1 Each Bidder, its relevant entities or any other person shall bear all costs

associated with the preparation and submission of its proposal(s), including all

its own costs incurred on any of the stages in the procurement process.

6.8.2 Should the process be terminated at any stage as a result of it being determined

through an investigative process that any Bidders are tainted by the corrupt

activities of one or more of the Bidders and/or Member(s) whether in breach of

the provisions of this Tender or other applicable legal requirements, then the

Member(s) whose conduct has tainted the process any other damages or costs

to the Electoral Commission flowing from such termination.

8.3.2.5.2 The Performance Guarantee specified above shall

be a demand guarantee in any of the following

forms at the Bidder’s option:

(a) an unconditional guarantee issued by a bank or

a non-bank financial institution (such as

insurance, bonding or surety company);

(b) an irrevocable letter of credit;

(c) cash put into a trust account with an

independent institution; or

(d) another security as agreed between the parties

from a reputable source in South Africa.

submitted in a format approved by the Purchaser

prior to the Contract Award. The form must include

the complete name of the Bidder. The bank

guarantee shall be valid for twenty-eight days (28)

beyond the original date of expiry of the fit out

period. The Performance Guarantee of the Bidder

shall be returned as promptly as possible once the

successful move has taken place.

related to the Project.

10.8 Understanding User Needs

10.8.1 The feasibility study conducted by the Electoral Commission indicated the

Electoral Commission’s needs determination and space planning assessment

to ensure operational functionality at a national level. The Electoral Commission

requires property that should be at least 10 115 m2 excluding parking

requirements which are detailed in paragraph 10.8.9. The Electoral Commission

has determined a 15% tolerance range for the accommodation needs. The

Electoral Commission will only pay for a maximum of 11 633 m2 regardless of

the size of the building, for any facilities greater in size of the tolerance range.

Grade P or A building with upgrades to a 4-star green building will be

considered. The GLA will be measured in accordance with SAPOA Method for

Measuring Floor Areas (MOMFA) for Offices. The square meters indicate the

intended offices, workspace, support and special areas provided in the new

2.1. The Seller is the owner of the property.

2.2. The Purchaser wishes to acquire the property, upon the terms and conditions herein set

out.

2.3. The Seller wishes to sell the property, upon the terms and conditions herein set out.

3. Interpretation

3.1. Headings in this agreement are for reference purposes and accordingly do not form part

of this agreement and shall not be used for interpreting or construing any word, sentence,

sub-clause or clause of this agreement.

3.2. Any provision contained in any definition or recorded in or annexure to this agreement,

which confers rights or imposes obligations on any party, shall be deemed to be a

substantive provision of this agreement even if no reference is made to such provision

in the body of this agreement and effect shall be given to such provision as if it were a

substantive clause in the body of this agreement.

3.3. Unless the context clearly indicates a contrary intention, an expression which denotes:

3.3.1. any gender includes the other genders;

3.3.2. a natural person includes a juristic person (and vice versa); and

3.3.3. the singular includes the plural (and vice versa).

3.4. Words and expressions which are defined in any sub-clause shall, for the purposes of

the clause of which that sub-clause forms part, bear the meaning assigned to such words

and expressions in that sub-clause.

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3.5. This agreement shall be governed by and construed and interpreted in accordance with

the laws of the Republic of South Africa.

3.6. Where the day on or by which anything is to be done is not a business day, it shall be

done on or by the first business day thereafter.

3.7. If any period is referred to in this agreement by way of reference to a number of days,

the days shall be reckoned exclusively of the first and inclusively of the last day, unless

the last day falls on a Saturday, Sunday or public holidays, in which case the last day

shall be the next succeeding day which is not a Saturday, Sunday or public holiday,

excepting that the foregoing shall not apply to the calculation of interest.

3.8. Annexures to this agreement shall be deemed to have been incorporated herein and

shall form an integral part hereof.

3.9. A reference to:

3.9.1. a party in a document shall include that party’s successors and permitted assigns;

3.9.2. an enactment is to that enactment as at the date of signature of this agreement and as

amended or re-enacted from time to time;

3.9.3. a document includes an amendment or supplement to, or replacement or novation of

that document.

3.10. Where figures are referred to in numerals and words and there is any conflict between

the two, the words shall prevail.

3.11. Where value added tax is payable in respect of any transaction recorded in this

agreement and the agreement is silent on the matter, then the purchase consideration

reflected in this agreement shall be exclusive of such value added tax.

4. Definitions

4.1. In this Agreement, unless the context clearly otherwise requires:

4.1.1. “Adjustment Account” Means the account that will be used to reconcile

any outstanding financial obligations related to

the property between the Purchaser and the

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Seller. This account will ensure that all costs i.e.

property taxes, utility bills, and other expenses,

are divided and settled at the time of the transfer;

4.1.2. “Agreement” means this agreement read together with all

annexures hereto;

4.1.3. “Certifier/s” A group of suitably qualified individuals, or a

Multidisciplinary Consulting Engineering Firm or

a combination of both who will review the fit out

work completed against the Payment Schedule

and make recommendations to the Purchaser’s

Technical Advisors regarding payments to be

made by the Purchaser

4.1.4. “Companies Act” means the Companies Act, 2008, as amended;

4.1.5. “Conditions” means the suspensive conditions set out in

clause 5.1;

4.1.6. “Conveyancer” means the company/ person mandated by the

Electoral Commission to carry out the legal

process whereby the Electoral Commission in

the legal format designated (a person, company,

close corporation or trust) becomes the

registered and legal owner of immovable

property, including improved and unimproved

land, houses, farms, flats and sectional titles, as

well as the registration of bonds and other rights

to fixed properties, including

servitudes, usufructs and the like

4.1.7. “Effective Date” means the date of registration of transfer of the

property in the name of the Purchaser;

4.1.8. “Effective Date Liabilities” means all liabilities of the Seller in respect of the

enterprise as at the effective date;

4.1.9. “Fit Out Agreement” means the agreement together with the plan,

programme and payment schedule to be set out

in the annexures marked “J”, “Q”, “R”; and “C2”

Is the period of time from the date of transfer of4.1.10. “Fit out period and programme”

the Building to the Electoral Commission as

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contained in the fit-out programme Annexure R

(Annexure Reference from Volume 1).

4.1.11. “Move Management & Programme” Is the period of time from the date of completion

of the fit out for the move of the Electoral

Commission into the Building as contained in the

move programme Annexure S (Annexure

Reference from Volume 1).

4.1.12. “Long Stop Date” means three months after the occupancy date to

be negotiated and agreed as per the project plan

attached as Appendix R (Project Programme for

fit out), from the date of transfer of the Building

to the Electoral Commission.

4.1.13. “Property” means the property with the name and details as

stated on Annexure “A” hereto which the Seller

wishes to sell.

4.1.14. “Insolvency Act” means the Insolvency Act, 1936, as amended;

4.1.15. “Parties” means the Seller and the Purchaser;

4.1.16. “Purchaser” means the Electoral Commission as established

by Section 3 of the Electoral Commission Act,

Act ; and governed by the Public

Finance Management, Act as

amended;

4.1.17. “Purchase Price” means the purchase price as recorded in clause

7;

4.1.18. “Seller” Means _______________________________,

Registration Number ____________________;

4.1.19. “Signing Date”: means the date of signature of this agreement by

the party signing last in time;

4.1.20. “VAT” means value-added tax as provided for in the

VAT Act;

4.1.21. Land Reform (Labour Tenants) Act means Land Reform (Labour Tenants) Act as amended

4.1.22. Restitution of Land Rights Act means Restitution of Land Rights Act

as amended

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4.1.23. “VAT Act” means the Value-Added Tax Act, 1991, as

amended.

4.1.24. Extension of Security of Land Extension of Security of Land Tenure Act 2 of

Tenure Act 1997 as amended

4.1.25. Interim Protection of Informal Land Interim Protection of Informal Land Rights Act 31

Rights Act of 1996 as amended

4.1.26. Upgrading of Land Tenure Rights Upgrading of Land Tenure Rights Act

Act

4.1.27. National Monuments Act National Monuments Act

5. Suspensive conditions

5.1. The sale of the Property shall be subject to the fulfilment of the following suspensive

conditions within 30 (thirty) days of the Signing Date:

5.1.1. the conclusion by the Purchaser to its reasonable satisfaction of a due diligence

investigation into Property, the scope of which investigation shall otherwise be in the sole

discretion of the Purchaser;

5.1.2. the Seller to provide the Purchaser the final approved space planning layouts as agreed

to be attached to the Fit-Out agreement as “Annexure B”;

5.1.3. the Seller is also to provide the Purchaser with a Performance Guarantee to the value of

10% of the fit-out costs to cover the undertaking as per 5.1.2 above;

5.1.4. where applicable, the Shareholders of the Seller’s Company passing a resolution in

terms of Section 112/115 of the Companies Act 71/2008 (as amended), agreeing to the

terms and conditions of this agreement, ratifying and authorising the sale contemplated

herein;

5.1.5. where applicable, the Purchaser’s (through the Accounting Officer) approval

documentation (resolution) agreeing to the terms and conditions of this agreement,

ratifying and authorising the purchase contemplated herein; and

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5.1.6. the due delivery of the duly passed resolutions referred to above.

5.2. The conditions are stipulated for the benefit of both parties and may therefore only be

waived by the parties at any time prior to the date fixed for the fulfilment of the conditions

by written agreement.

5.3. The parties shall, to the extent that it is within their power to do so, use their best

endeavours to procure fulfilment of the conditions.

5.4. The Seller shall make available to the Purchaser and its authorised representatives all

books, records, documents and information pertaining to the property as they may

reasonably require for the purposes of conducting the due diligence investigation.

6. Sale

6.1. The Seller hereby sells to the Purchaser the Property, who purchases the Property, with

effect from the Effective Date.

6.2. It is specifically recorded that:

6.2.1. the Seller must comply with the VAT Act;

6.2.2. accordingly, VAT will be levied on the sale of the property in terms of the VAT Act.

6.3. The Property is sold free of any liabilities and debts whatsoever relating to and arising

from the Property and which arose before the Effective Date (“Effective Date Liabilities”),

and the Seller to that end shall be liable for the Effective Date Liabilities as and when

they fall due and hereby indemnifies the Purchaser in respect of the effective date

liabilities.

6.4. The acquisition of the Property shall be subject to:

6.4.1. all the conditions, encumbrances, restrictions and servitudes contained in the title deeds

of the Property;

6.4.2. any other conditions, encumbrances and restrictions disclosed by the Seller to the

Purchaser in terms of the provisions of this Agreement.

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7. Purchase price and payment

7.1. The Purchase Price of the Property shall be the sum of R __(see note

below)_________________ (see note below)_______________). The

Purchase Price1 is inclusive of VAT2. In the event that the South African Revenue

Services (SARS) rules that VAT is payable at a higher rate than the zero rate as defined

in cl 6.2.2, the Purchaser shall be liable to pay VAT (calculated at such higher rate) in

addition to the Purchase Price. In that event the Seller will furnish the Purchaser with an

appropriate VAT invoice in accordance with the provisions of the VAT Act and the

Purchaser shall pay such VAT upon presentation thereof.

7.2. The Purchase Price will be payable as follows:

7.2.1 a ten percent (10%) deposit in the amount of R (see note below)________ (_See

note below _)) 3of the purchase price of the property only, is payable on date of

signature of the Agreement, which deposit is to be paid to the Conveyancer’s

Trust Account, to be invested in an interest bearing account, and which interest

is to accrue to the benefit of the Purchaser, subject to the Purchaser signing an

Authority to Invest and by providing the required FICA documentation; The deposit

will be claimed by the Purchaser upon default or irregularity by the Seller. The balance

of the purchase price shall be paid as per the requirements of the transfer process

against registration of transfer of the Property into the name of the Purchaser.

7.3. The Fit-out Price, including Move Programme for the Property shall be the sum of R

(see note below) ((see note

below)________________). The Fit-out Price4 is inclusive of VAT5. The Fit-out Price

shall be paid in monthly payments during the fit out contract period based on certified

deliverables based on progress against the details in the Project Programme (Annexure

R) and as detailed in the Payment Schedule (Annexure C2) as certified by the Certifier/s.

1 Price to be completed only in the Envelope 2 financial proposal. No amounts/figures/numbers to be inserted

here at bid submission

2 Applicable if the seller is registered for VAT

3Price to be completed only in the Envelope 2 financial proposal. No amounts/figures/numbers to be inserted

here at bid submission

4 Price to be completed only in the Envelope 2 financial proposal. No amounts/figures/numbers to be inserted

here at bid submission

5 Applicable if the seller is registered for VAT

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8. Place of payment

All payments due by either party under this agreement shall be made at such bank

account in the Republic of South Africa as the Parties may specify.

9. Risk

9.1. As from the Effective Date, all the risks and benefits of ownership of the Property, shall

pass to the Purchaser.

9.3 On the Effective Date the Purchaser shall automatically and irrevocably be deemed to

have obtained:

9.3.1 cession, assignment and transfer of the Seller’s rights and claims in relation to or in

connection with the Property against any local and/or other competent authority or party;

9.3.2 the Seller shall deliver to the Purchaser:

9.3.2.1 all keys and other movable property relating to the Property in the possession or under

the control of the Seller;

No specific requirements found

1.1. The parties to this agreement are:

1.1.1. the Purchaser;

1.1.2. the Seller.

2. Introduction

2.1. The Seller is the owner of the property.

2.2. The Purchaser wishes to acquire the property, upon the terms and conditions herein set

out.

2.3. The Seller wishes to sell the property, upon the terms and conditions herein set out.

move programme Annexure S (Annexure

Reference from Volume 1).

4.1.12. “Long Stop Date” means three months after the occupancy date to

be negotiated and agreed as per the project plan

attached as Appendix R (Project Programme for

fit out), from the date of transfer of the Building

to the Electoral Commission.

4.1.13. “Property” means the property with the name and details as

stated on Annexure “A” hereto which the Seller

wishes to sell.

4.1.14. “Insolvency Act” means the Insolvency Act, 1936, as amended;

4.1.15. “Parties” means the Seller and the Purchaser;

4.1.16. “Purchaser” means the Electoral Commission as established

by Section 3 of the Electoral Commission Act,

Act ; and governed by the Public

required to be furnished by that Party, to enable transfer of the Property to be given to

the Purchaser.

12.5 The Seller shall at its own expense, on demand, prior to the Effective Date:

12.5.1 deliver to the Purchaser a valid Certificate of Compliance in respect of the electrical

installation on the Property, which certificate shall be issued by an accredited person, as

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required in terms of the Electrical Installation Regulations 1992 (as amended)

promulgated in terms of the Occupational Health and Safety Act, 1993, as amended;

12.5.2 cause to be done whatever may be necessary in order to ensure timeous compliance

with clause 12.5.1 above, including, without limiting the generality of the a foregoing, the

carrying out of such inspection as may be necessary and, where applicable, the

implementation of such Fit Out, repairs and/or improvements to such electrical

installation as may be necessary to enable such accredited person to issue such

certificate of compliance.

12.5.3 The Seller hereby undertakes at his/her/its own costs to furnish to the Conveyancer, prior

to the transfer:

12.5.3.1 Certificate of Electrical Compliance from an accredited electrical contractor in terms of

the regulations of the Occupational Health and Safety Act No. , as amended.

12.5.3.2 Certificate issued by a registered gas installer to the effect that all the gas installations

on the Property complies with the industry standard (if applicable).

12.5.3.3 An electric fence compliance certificate in terms of Regulation 12 of the Electrical

(if applicable).

12.5.4 The Seller warrants that no additions or alternations will be made to any of the electrical

or gas installations on the Property after the issue of the relevant Certificates and prior

to occupation by the Purchaser, or transfer, whichever is earlier.

12.5.5 Should the Seller fail to furnish the Purchaser with the required Certificates timeously,

the Purchaser shall be entitled to obtain the same and the Seller, by appending his/her/its

signature hereto, authorises the Conveyancer to reimburse the Purchaser by deducting

the costs thereof from the proceeds of the sale.

15.1 The Seller confirms hereby that it is an Investment Company and not a Trader as

contemplated in Section 34 of the Insolvency Act, 1936, as amended (“the Insolvency

Act”) and the parties hereto agree that notice of this transaction will not be required to be

published as contemplated in Section 34 of the Insolvency Act.

15.2 The Seller indemnifies the Purchaser against any loss or damage which the Purchaser

may suffer as a result of notice of this transaction not being published in terms of the

15.3 The Purchaser shall have no duty to resist any proceedings to attach or to take

possession of any of the sale assets by any persons against whom this transaction is

void in terms of the Insolvency Act as a consequence of notice of this transaction not

being published as aforesaid; provided that the Purchaser shall be obliged to give written

notice to the Seller as soon as it becomes aware of any such proceedings.

15.4 If the Purchaser gives notice to the Seller in terms of clause 15.3, and the Seller fails

within 30 (thirty) days of receipt by it of such notice to procure that the Property

concerned are released from attachment or are returned to the Purchaser, as the case

may be, then without prejudice to such other rights as the Purchaser may have against

the Seller, the Purchaser shall be entitled by written notice to the Seller to cancel this

10.1 The Seller shall procure that the Effective Date liabilities, which are not expressly taken

over by the Purchaser, are discharged by the Seller in full, timeously, and without any

recourse to the Purchaser.

10.2 Accordingly, without any prejudice to any of the rights of the Purchaser arising from any

of the provisions of this agreement, the Seller hereby indemnifies the Purchaser against

all loss, liability, damage or expense arising from the Effective Date liabilities not

assumed by the Purchaser and/or from any failure to discharge any of them timeously

or at all.

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11 costs

11.1 The Purchaser shall be liable for and shall on receipt of their account pay to the

conveyancer:

11.1.1 the legal costs of and incidental to the transfer of the property to the Purchaser;

11.1.2 VAT, if applicable in terms of clause 7.1, against delivery of an appropriate VAT invoice;

11.1.3 the Purchasers contribution, as determined by the Conveyancer in terms of clause 12.2,

to the amount required to obtain a rates clearance.

11.2 Save as set out in clause 11.1, each party shall bear its own costs of and incidental to

the preparation and signature of this agreement and settling its terms and conditions.

12 transfer

12.1 Transfer of the Property to the Purchaser shall be given to the Purchaser within the

timelines determined by the Deeds Office guidelines and processes after the Purchase

Price and the rates and costs payable by the Seller have been secured or paid, as the

case may be, and the Seller has otherwise complied with its obligations then due in terms

of this Agreement.

12.2 Each of the Parties shall make such contributions as the Conveyancers may specify to

the costs and charges necessary for purposes of the registration of transfer. To the

extent that each Party pays any amount in excess of the amount for which it is liable,

such payment shall be dealt with in the adjustment account referred to in clause 13.4.

12.3 Transfer shall be effected by the Conveyancer.

12.4 Each party shall, within 7 (seven) days of being called upon to do so by the

Conveyancer, sign all documents required to be signed, and furnish all documents

required to be furnished by that Party, to enable transfer of the Property to be given to

the Purchaser.

12.5 The Seller shall at its own expense, on demand, prior to the Effective Date:

12.5.1 deliver to the Purchaser a valid Certificate of Compliance in respect of the electrical

installation on the Property, which certificate shall be issued by an accredited person, as

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required in terms of the Electrical Installation Regulations 1992 (as amended)

promulgated in terms of the Occupational Health and Safety Act, 1993, as amended;

12.5.2 cause to be done whatever may be necessary in order to ensure timeous compliance

with clause 12.5.1 above, including, without limiting the generality of the a foregoing, the

carrying out of such inspection as may be necessary and, where applicable, the

implementation of such Fit Out, repairs and/or improvements to such electrical

installation as may be necessary to enable such accredited person to issue such

certificate of compliance.

12.5.3 The Seller hereby undertakes at his/her/its own costs to furnish to the Conveyancer, prior

to the transfer:

12.5.3.1 Certificate of Electrical Compliance from an accredited electrical contractor in terms of

the regulations of the Occupational Health and Safety Act No. , as amended.

12.5.3.2 Certificate issued by a registered gas installer to the effect that all the gas installations

on the Property complies with the industry standard (if applicable).

12.5.3.3 An electric fence compliance certificate in terms of Regulation 12 of the Electrical

Machinery Regulations issued in terms of the Occupational Health and Safety Act, Act

(if applicable).

12.5.4 The Seller warrants that no additions or alternations will be made to any of the electrical

or gas installations on the Property after the issue of the relevant Certificates and prior

to occupation by the Purchaser, or transfer, whichever is earlier.

12.5.5 Should the Seller fail to furnish the Purchaser with the required Certificates timeously,

the Purchaser shall be entitled to obtain the same and the Seller, by appending his/her/its

signature hereto, authorises the Conveyancer to reimburse the Purchaser by deducting

the costs thereof from the proceeds of the sale.

13 adjustment account

13.1 Payment of any monies due to any party in terms of the adjustment account shall not

constitute part of the Purchase Price and shall be effected separately from the payment

of the Purchase Price.

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13.2 After the Effective Date, the Conveyancer shall forthwith deliver to the Parties copies of

every document used in respect of the preparation of the adjustment account.

13.3 The adjustment account shall be prepared as a comprehensive adjustment account

between the parties, in accordance with generally accepted accounting practice. In

particular, but without derogating in any way from the generality with regard to the

matters which require to be adjusted between the parties arising from this agreement,

such adjustment account shall inter alia reflect as:

13.3.1 credits to the Seller:

13.3.1.1 that proportion of any amount paid by the Seller in respect of the Property or before the

Effective Date for any period after that date in respect of:

13.3.1.1.1 any municipal charges, including assessment rates and/or other taxes, levies, charges

or imposts of any local, regional, provincial, national or other competent authority, and

charges in respect of sewerage and sanitation, effluent disposal and refuse removal;

13.3.1.1.2 charges for electricity, gas (where applicable) and water;

13.3.1.1.3 interest.

13.3.2 any credits due to the Purchaser.

13.4 If either Party is not satisfied with the reasonableness of any amount, or the basis of or

accuracy of the calculation of the adjustment account or the figures used in its

calculation, the Parties shall endeavour to resolve such dispute in line with Clause 21

(Dispute Resolution) of this Agreement.

13.5 If in terms of the adjustment account any amount is payable by any Party (hereinafter

referred to as “the paying party”) to another Party (hereinafter referred to as “the payee”),

the paying party shall, subject to the provisions of clause 13.4 above, effect payment of

that amount to the payee within 7 (seven) days of the date on which the adjustment

account is delivered or finally adjusted, as the case may be. Any amount so payable

shall be deemed to have borne interest at the publicly quoted overdraft rate from time to

time of Standard Bank of South Africa Limited from the Effective Date until the date of

payment.

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14 warranties

14.1 The Seller warrants to the Purchaser that as at the signing date and as at the effective

date:

14.1.1 the property is not subject to any options or rights of pre-emption;

14.1.2 the property is not subject to any servitude or other real rights not reflected in the title

deed thereof as at the signing date;

14.1.3 all information provided by the Seller in respect of the property to the Purchaser is true

and correct in all material respects;

14.1.4 the property is not the subject of any expropriation or rezoning proceedings whatsoever,

nor is the Seller aware of any steps which may give rise to any such proceedings;

14.1.5 the property is zoned appropriately for the present use thereof and all improvements to

the property have been erected in full compliance with the provisions of the relevant

Town Planning Scheme;

14.1.6 the improvements in, on and to the property:

14.1.6.1 comply in all material respects with the requirements of the local or any other relevant

authorities and no changes or alterations requiring the approval of the relevant

authorities have been effected to the property without such approval being first had and

obtained in writing nor is the Seller under any obligation to any such authority to make

any alteration, addition or repair to the property;

14.1.6.2 do not encroach any other property;

14.1.6.3 comply with all relevant legislation;

14.1.6.4 have been constructed in accordance with duly approved plans;

14.1.7 the Property will have no employees whatsoever and there are no outstanding liabilities

arising out of employment issues due to any previous employee of the Property;

14.1.8 any employees of any managing or other agent of the Seller are employed by such

managing or other agent as principal and not as agent for the Seller;

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14.1.9 the Seller has not granted any real right in respect of the property other than of which

the Purchaser is aware;

14.1.10 the Property is not the subject of any legal proceedings and, in particular, any

attachment, foreclosure or sale in execution proceeding;

14.1.11 the Property is not subject to any claim under any of the following legislation:

14.1.11.1 the Restitution of Land Rights Act;

14.1.11.2 the Land Reform (Labour Tenants) Act;

14.1.11.3 the Extension of Security of Land Tenure Act;

14.1.11.4 the Interim Protection of Informal Land Rights Act;

14.1.11.5 the Upgrading of Land Tenure Rights Act;

14.1.11.6 the National Monuments Act;

14.1.12 all information, whether documentary or oral, disclosed to the Purchaser in terms of the

due diligence investigation is true and correct.

14.2 The Seller warrants that its signatory to this Agreement has the necessary authority to

so bind it to this agreement.

14.3 Without prejudice to any rights of the Purchaser in terms of this agreement, the Seller

indemnifies the Purchaser against any loss, liability, damage or expense which the

Purchaser may sustain as a result of a breach of any warranty contained in this

agreement.

14.4 It is agreed that:

14.4.1 insofar as any of the warranties is promissory or relates to a future event, it shall be

deemed to be given as at the due date for the fulfilment of the promise or the happening

of the event, as the case may be;

14.4.2 each warranty is a separate warranty and is not restricted by reference to or inference

from any other warranty.

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14.5 The Seller further warrants to the Purchaser that if, between the signing date and the

Effective Date, there is any material adverse change to the property, it shall advise the

Purchaser thereof in writing. In such event the Purchaser shall be entitled to terminate

this agreement.

15 notice of sale

15.1 The Seller confirms hereby that it is an Investment Company and not a Trader as

contemplated in Section 34 of the Insolvency Act, 1936, as amended (“the Insolvency

Act”) and the parties hereto agree that notice of this transaction will not be required to be

published as contemplated in Section 34 of the Insolvency Act.

15.2 The Seller indemnifies the Purchaser against any loss or damage which the Purchaser

may suffer as a result of notice of this transaction not being published in terms of the

Insolvency Act.

15.3 The Purchaser shall have no duty to resist any proceedings to attach or to take

possession of any of the sale assets by any persons against whom this transaction is

void in terms of the Insolvency Act as a consequence of notice of this transaction not

being published as aforesaid; provided that the Purchaser shall be obliged to give written

notice to the Seller as soon as it becomes aware of any such proceedings.

15.4 If the Purchaser gives notice to the Seller in terms of clause 15.3, and the Seller fails

within 30 (thirty) days of receipt by it of such notice to procure that the Property

concerned are released from attachment or are returned to the Purchaser, as the case

may be, then without prejudice to such other rights as the Purchaser may have against

the Seller, the Purchaser shall be entitled by written notice to the Seller to cancel this

Agreement. In that event this Agreement will be deemed to have been cancelled as a

consequence of a material breach thereof by the Seller.

16 breach

In the event of either Party failing to comply with the conditions of this Agreement

promptly and on due date and remaining in default for a period of 14 (fourteen) days after

receipt by it of a written notice calling upon it to remedy its breach, the Party suffering

under the breach shall have the right or option either:

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16.1 to demand specific performance of this agreement and to take such action as may be

necessary in order to implement and fulfil its rights in terms hereof and to recover any

damage which it may suffer as a result of the defaulting Party’s breach of contract;

16.2 forthwith to cancel this agreement and claim such damages as the Party suffering the

default may have suffered as a result of the other Party’s breach of contract;

16.3 the Parties hereto acknowledge and agree that the Conveyancer will be entitled to

charge wasted costs in the event of cancellation of breach of the agreement by either

party at the rate as prescribed by the Legal Practice Council. The Parties irrevocably

agree that the wasted costs may be paid from any deposit, and hereby indemnifies the

Conveyancer against any claims for damages or otherwise, that may be instituted by any

party for reason of deducting such wasted costs in accordance with this clause.

17 fit out agreement, programme and penalties

17.1 The Seller will provide a fit out over a period of 6 months.

17.2 The Seller has engaged its own project management and professional team and

contractors to complete the works.

17.3 The Seller has also engaged a moving company to provide the move management.

17.4 The Seller has provided a Fit-out Agreement providing the contractual

requirements to carry out the Scope of Works as defined in Volume 3 which is as

contained in Annexure B and pricing as per the Annexure C1. Annexure D, J, Q, R and

S determine the Draft Space Planning Layouts, Fit-out Agreement, Response to the

Scope of Works, Project Programme and Move Management as provided by the Seller

and are attached to this agreement. The Fit-out Price for the above as contained in the

Payment Milestone Schedule Annexure C2, will be paid by the Purchaser, monthly upon

certification by the Certifier/s within 30 days after approval of the invoice.

17.5 Should the refurbishment, fit out and occupation of the building by Electoral

Commission not have happened within this timeframe the Seller has provided, the Seller

will be liable for a penalty equal to the rental being paid by the Electoral Commission for

its current National Office until such time as the fit out is completed.

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18 notices

18.1 The parties hereby respectively choose domicilium citandi et executandi at their

respective physical addresses as set out below, at which addresses all notices,

correspondence and legal processes in relation to this agreement or any action arising

there from may be effectually delivered or served:

18.1.1 Purchaser

18.1.1.1 physical street address:

Electoral House, Riverside Office Park, 1303 Heuwel Avenue, Centurion, 0157n

facsimile number:

18.1.1.2 telephone number: 012 622 5700

18.1.2 Seller

As per Annexure “A”

18.2 Any notice given by one of the parties to the other (“the addressee”) which:

18.2.1 is delivered by hand, shall be presumed to have been received by the addressee, unless

the contrary is proved, at the time of delivery or at the time of despatch by hand delivery

as the case may be;

18.2.2 is transmitted by electronic mail to the addressee during the normal business hours of

the addressee at its specified electronic mail address shall be rebuttably presumed to

have been received by the addressee on the date of transmission as reflected on the

sender’s electronic mail records;

18.2.3 is sent by courier services to the addressee at its specified address shall be rebuttably

presumed to have been received by the addressee on the 7th (seventh) day after the

date of posting

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18.3 Either party shall be entitled on written notice served by registered post to the other, to

change its address as set out above, provided that such address is a physical street

address.

19 indulgences

19.1 No indulgence which either party (“the grantor”) may grant to the other (“the grantee”)

shall constitute a waiver of any of the rights of the grantor, who shall not thereby be

precluded from exercising any rights against the grantee which may have arisen in the

past or which may arise in the future.

19.2 Any indulgence must be reduced to writing.

20 variation and cancellation

20.1 It is recorded that there exists no collateral and/or other agreements with regard to the

matters dealt with herein, and that this is the sole agreement entered into by and between

the parties.

20.2 No agreement, implicitly or by conduct or otherwise, between the Purchaser and the

Seller to:

20.2.1 cancel, alter, add to or delete from this Agreement;

20.2.2 waive any right to enforce any term of this Agreement, shall be binding upon the Parties

to this Agreement or be of any force or effect unless reduced to writing and signed by all

the parties hereto or on their behalf by their respective duly authorised agents.

21.1 In the event of any dispute between the Parties arising from this Agreement, the Party

wishing to declare the dispute shall deliver to the other Party a written notice, which sets

out:

(a) a brief description of the nature of the Dispute, including the amount involved, if any,

and the date on which the Dispute arose; and

(b) the relief sought

21.1.1 The dispute shall be resolved within fourteen (14) days as determined by the nature of

the dispute. The Parties shall attempt to settle such dispute by negotiation conducted in

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good faith among those representatives of each Party with the appropriate decision-

making authority or expertise.

21.1.2 If such individuals are unable to reach agreement, the Dispute shall be referred to

arbitration by a single arbitrator to be nominated by the Registrar of the Arbitration

Foundation of Southern Africa (AFSA).

21.1.3 In all respects the arbitration shall be conducted in accordance with the rules,

requirements and procedures determined by AFSA.

21.1.4 The Parties record that a non-refundable administration fee is payable on demand by

AFSA, which fee shall be paid equally by the Parties.

21.1.5 Any award, including an award for costs, made by the arbitrator shall be final and binding

upon the Parties and shall be carried into effect by them and made an order of any

competent court.

21.1.6 The procedures in this Clause shall not prevent either Party from obtaining appropriate

relief on an urgent basis from a competent court pending the decision of the arbitrator.

22 entire agreement

The Parties hereby acknowledge that this Agreement records the entire agreement

between them and that there are no conditions, express or implied or warranties, save

and except those herein contained, binding on the Parties, unless set out in a written

document signed by both Parties.

23 jurisdiction

The Parties hereby consent to the jurisdiction of the Magistrates’ Court for any action

instituted by any party to this Agreement, arising from this agreement, but

notwithstanding such consent, either Party may at its option, proceed in the High Court.

24 cession and delegation

The Purchaser shall, at all times, be entitled to cede its rights and delegate its obligations

in terms of this Agreement to any third party, provided that it shall have first procured the

approval of the Seller, which approval shall not unreasonably be withheld or delayed.

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24 signatures in counterparts

This agreement may be signed in separate counterparts in whichever electronic form,

each of which shall be deemed to be an original and all of which, taken together, shall

constitute one and the same document and be regarded as an original.

Signed by the Seller at on 202_

Witness 1: ______________________ _________________________________

Witness 2: ______________________ The Seller herein represented by

Witness 3: ______________________ ___________________ being duly

authorised hereto.

Signed by the Purchaser at on 202_

Witness 1: ______________________ _________________________________

Witness 2: ______________________ The Electoral Commission herein

Witness 3: ______________________ represented by ___________________

being duly authorised hereto.

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Annexure “a”

Description of the property and authorised persons

Description of property

Description of the details and documents

Property

Attach annexures

A: 1 to a: ......6 With

Relevant

Documentation

Erf no/s

Property size

Building size m2

NO of parking bays

Town planning and

Zoning rights

6 Items to be included to be listed, included and completed by the Seller

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Rates and utility

Charges (last

Three months)

Building condition

Maintenance plan

(If applicable)7

Seller’s domicilium

Physical address:

Postal address:

Facsimile number:

Telephone number:

Email address

Authorised Person Details

7 Add any items where the Seller will upgrade as per the requirements of the Tender

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Annexure b

Volume 2 technical output specifications

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Annexure “c1”

Annexure c1. Purchase price8

Note: The purchase price is only to be submitted as per the Annexure Y proforma in the

separate sealed financial proposal and no price is to be included here at bid submission

8 To be included from Financial Proposal (Not to be included here at bid submission stage

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Annexure “c2”

Payment schedule linked to project fit out deliverables and milestones9

Note: The payment schedule is only to be submitted as per the Annexure Y proforma in the

separate sealed financial proposal and no payment schedule is to be included here at bid

NO. clause heading . The parties ............................................................................................................... 5

2. Introduction ............................................................................................................ 5

3. Interpretation ........................................................................................................ 5

4. Definitions ................................................................................................................ 6

5. Suspensive conditions ......................................................................................... 9

6. Sale ........................................................................................................................... 10

7. Purchase price and payment .......................................................................... 11

8. Place of payment ................................................................................................. 12

9. Risk ............................................................................................................................ 12

10 liabilities................................................................................................................. 12

11 costs......................................................................................................................... 13

12 transfer.................................................................................................................. 13

13 adjustment account .......................................................................................... 14

14 warranties ............................................................................................................. 16

15 notice of sale ....................................................................................................... 18

16 breach ...................................................................................................................... 18

17 fit out agreement, programme and penalties ........................................ 19

18 notices ..................................................................................................................... 20

19 indulgences ........................................................................................................... 21

20 variation and cancellation ............................................................................ 21

22 entire agreement ................................................................................................ 22

23 jurisdiction ............................................................................................................ 22

24 cession and delegation .................................................................................... 22

Annexure “a”................................................................................................................... .....24

Description of the property and authorised persons..............................24

5.1. The sale of the Property shall be subject to the fulfilment of the following suspensive

conditions within 30 (thirty) days of the Signing Date:

5.1.1. the conclusion by the Purchaser to its reasonable satisfaction of a due diligence

investigation into Property, the scope of which investigation shall otherwise be in the sole

discretion of the Purchaser;

5.1.2. the Seller to provide the Purchaser the final approved space planning layouts as agreed

to be attached to the Fit-Out agreement as “Annexure B”;

5.1.3. the Seller is also to provide the Purchaser with a Performance Guarantee to the value of

10% of the fit-out costs to cover the undertaking as per 5.1.2 above;

5.1.4. where applicable, the Shareholders of the Seller’s Company passing a resolution in

terms of Section 112/115 of the Companies Act 71/2008 (as amended), agreeing to the

terms and conditions of this agreement, ratifying and authorising the sale contemplated

herein;

5.1.5. where applicable, the Purchaser’s (through the Accounting Officer) approval

documentation (resolution) agreeing to the terms and conditions of this agreement,

ratifying and authorising the purchase contemplated herein; and

9.1. As from the Effective Date, all the risks and benefits of ownership of the Property, shall

pass to the Purchaser.

9.3 On the Effective Date the Purchaser shall automatically and irrevocably be deemed to

have obtained:

9.3.1 cession, assignment and transfer of the Seller’s rights and claims in relation to or in

connection with the Property against any local and/or other competent authority or party;

9.3.2 the Seller shall deliver to the Purchaser:

9.3.2.1 all keys and other movable property relating to the Property in the possession or under

the control of the Seller;

10 liabilities

10.1 The Seller shall procure that the Effective Date liabilities, which are not expressly taken

over by the Purchaser, are discharged by the Seller in full, timeously, and without any

recourse to the Purchaser.

10.2 Accordingly, without any prejudice to any of the rights of the Purchaser arising from any

of the provisions of this agreement, the Seller hereby indemnifies the Purchaser against

all loss, liability, damage or expense arising from the Effective Date liabilities not

assumed by the Purchaser and/or from any failure to discharge any of them timeously

or at all.

13.3.1.1.1 any municipal charges, including assessment rates and/or other taxes, levies, charges

or imposts of any local, regional, provincial, national or other competent authority, and

charges in respect of sewerage and sanitation, effluent disposal and refuse removal;

13.3.1.1.2 charges for electricity, gas (where applicable) and water;

13.3.1.1.3 interest.

13.3.2 any credits due to the Purchaser.

13.4 If either Party is not satisfied with the reasonableness of any amount, or the basis of or

accuracy of the calculation of the adjustment account or the figures used in its

calculation, the Parties shall endeavour to resolve such dispute in line with Clause 21

(Dispute Resolution) of this Agreement.

13.5 If in terms of the adjustment account any amount is payable by any Party (hereinafter

referred to as “the paying party”) to another Party (hereinafter referred to as “the payee”),

the paying party shall, subject to the provisions of clause 13.4 above, effect payment of

that amount to the payee within 7 (seven) days of the date on which the adjustment

account is delivered or finally adjusted, as the case may be. Any amount so payable

shall be deemed to have borne interest at the publicly quoted overdraft rate from time to

time of Standard Bank of South Africa Limited from the Effective Date until the date of

payment.

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14.1.9 the Seller has not granted any real right in respect of the property other than of which

the Purchaser is aware;

14.1.10 the Property is not the subject of any legal proceedings and, in particular, any

attachment, foreclosure or sale in execution proceeding;

14.1.11 the Property is not subject to any claim under any of the following legislation:

14.1.11.1 the Restitution of Land Rights Act;

14.1.11.2 the Land Reform (Labour Tenants) Act;

14.1.11.3 the Extension of Security of Land Tenure Act;

14.1.11.4 the Interim Protection of Informal Land Rights Act;

14.1.11.5 the Upgrading of Land Tenure Rights Act;

14.1.11.6 the National Monuments Act;

14.1.12 all information, whether documentary or oral, disclosed to the Purchaser in terms of the

due diligence investigation is true and correct.

14.2 The Seller warrants that its signatory to this Agreement has the necessary authority to

so bind it to this agreement.

14.3 Without prejudice to any rights of the Purchaser in terms of this agreement, the Seller

indemnifies the Purchaser against any loss, liability, damage or expense which the

agreement.

14.4 It is agreed that:

14.4.1 insofar as any of the warranties is promissory or relates to a future event, it shall be

deemed to be given as at the due date for the fulfilment of the promise or the happening

of the event, as the case may be;

14.4.2 each warranty is a separate warranty and is not restricted by reference to or inference

from any other warranty.

consequence of a material breach thereof by the Seller.

promptly and on due date and remaining in default for a period of 14 (fourteen) days after

receipt by it of a written notice calling upon it to remedy its breach, the Party suffering

under the breach shall have the right or option either:

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16.1 to demand specific performance of this agreement and to take such action as may be

necessary in order to implement and fulfil its rights in terms hereof and to recover any

damage which it may suffer as a result of the defaulting Party’s breach of contract;

16.2 forthwith to cancel this agreement and claim such damages as the Party suffering the

default may have suffered as a result of the other Party’s breach of contract;

16.3 the Parties hereto acknowledge and agree that the Conveyancer will be entitled to

charge wasted costs in the event of cancellation of breach of the agreement by either

party at the rate as prescribed by the Legal Practice Council. The Parties irrevocably

agree that the wasted costs may be paid from any deposit, and hereby indemnifies the

20.2.1 cancel, alter, add to or delete from this Agreement;

20.2.2 waive any right to enforce any term of this Agreement, shall be binding upon the Parties

to this Agreement or be of any force or effect unless reduced to writing and signed by all

the parties hereto or on their behalf by their respective duly authorised agents.

21 dispute resolution

21.1 In the event of any dispute between the Parties arising from this Agreement, the Party

wishing to declare the dispute shall deliver to the other Party a written notice, which sets

out:

(a) a brief description of the nature of the Dispute, including the amount involved, if any,

and the date on which the Dispute arose; and

(b) the relief sought

21.1.1 The dispute shall be resolved within fourteen (14) days as determined by the nature of

the dispute. The Parties shall attempt to settle such dispute by negotiation conducted in

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good faith among those representatives of each Party with the appropriate decision-

making authority or expertise.

21.1.2 If such individuals are unable to reach agreement, the Dispute shall be referred to

arbitration by a single arbitrator to be nominated by the Registrar of the Arbitration

Foundation of Southern Africa (AFSA).

21.1.3 In all respects the arbitration shall be conducted in accordance with the rules,

requirements and procedures determined by AFSA.

21.1.4 The Parties record that a non-refundable administration fee is payable on demand by

{"closingDate":"10 DECEMBER 2026","closingTime":"11:00","briefingSession":"{"date":"29 September 2026","time":"11:00","venue":"11:00 on 29 September 2026 at the Electoral","is_compulsory":false}"}

{"name":"MS Moepya","email":"[email protected]","phone":"012 622 5700","department":"supply chain management","address":"t your bid by completing the relevant forms and deposit the bid in the tender box OR a"}

In the tender evaluation criteria. Forms with photocopied signatures/ initials or any

(k) “functionality” means the measurement according to predetermined norms, as set out in the

or operating, taking into account, among other factors, the quality, reliability, viability and

(p) “specific goal” means specific goals as contemplated in section 2(1)(d) of the Preferential

Policy Framework Act, 2000 (PPPFA) and Preferential Procurement Regulations, 2022. Only valid

46. The following preference point systems are applicable to bids of the Electoral Commission

(a) the 80/20 system for goods and/or services with a Rand value equal to or below R50,000,000

(b) the 90/10 system for goods and/or services with a Rand value above R50,000,000 (all

(c) if it is unclear which preference point system will be applicable, then either the 80/20 or the

90/10 preference point system will apply and the lowest acceptable bid will be used to

determine the applicable preference point system.

and therefore the 90/10 scoring system shall be applicable.

48. Preference points for this bid shall be awarded for
49. A maximum of 80 or 90 points is allocated for price on the following basis

 Pt − P min   Pt − P min  80/20 or 90/10 Ps = 80 1 −  or Ps = 90 1 − 

Ps = Points scored for price of bid under consideration

50. In terms of Regulation 3(b) of the Preferential Procurement Regulations, 2022 preference points

B-BBEE Status Level of Contributor Number of Points Number of Points

80/20 90/10

Tel: 012 622 5700 or eMail: [email protected]

Tel (+27) 12 622 5700 | [email protected] | www.elections.org.za

The Electoral Commission is a permanent body established in terms of Chapter 9 of the Constitution of

the Republic of South Africa and the Electoral Commission Act . It is responsible for managing

and administering all elections and promoting and safeguarding democracy in South Africa. Although

publicly funded and accountable to Parliament, the Electoral Commission is independent of government.

In terms of Section 190 of the Constitution of the Republic of South Africa (Act ), the Electoral

Commission must -

• Manage elections of national, provincial and municipal legislative bodies;

• Ensure that those elections are free and fair;

• Declare the results of those elections; and

• Compile and maintain a voters' roll.

Duties of the Electoral Commission as stated in Section 5 of the Electoral Commission Act require that the

Electoral Commission:

• Compile and maintain a register of parties;

• Undertake and promote research into electoral matters;

• Develop and promote the development of electoral expertise and technology in all spheres of

government;

• Continuously review electoral laws and proposed electoral laws, and make recommendations;

• Promote voter education;

• Declare the results of elections for national, provincial and municipal legislative bodies within seven

(7) days of those elections; and

• Appoint appropriate resources in any sphere of government to conduct elections when necessary.

The Electoral Commission currently operates in approximately 270 municipal electoral offices, nine (9)

provincial offices and ten (10) warehouses at national and provincial level.

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Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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General tender conditions

1. These conditions form part of the tender and failure to comply with these may invalidate a bid.

2. The following definitions shall apply:

(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

(b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the

Broad Based Black Economic Empowerment Act;

(c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity

based on its overall performance using the relevant scorecard contained in the Codes of

Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the

Broad-Based Black Economic Empowerment Act;

(d) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by

an organ of state for the provision of services, works or goods, through price quotations and

advertised competitive bidding processes;

(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. ); together with the Broad-Based Black

Economic Empowerment Amendment Act, 2013 (Act No. )

(f) “comparative price” means the price after the factors of a non-firm price and all unconditional

discounts that can be utilised have been taken into consideration;

(g) “consortium or joint venture” means an association of persons for the purpose of combining

their expertise, property, capital, efforts, skill and knowledge in an activity for the execution

of a contract;

(h) “contract” means the agreement (including a service level agreement) that results from the

acceptance of a bid by the Electoral Commission;

(i) “EME” means any exempted micro enterprise with an annual total revenue that is less than

the prescribed threshold value;

(j) “firm price” means the price that is only subject to adjustments in accordance with the actual

increase or decrease resulting from the change, imposition, or abolition of customs or excise

duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on

the contractor and demonstrably has an influence on the price of any supplies, or the

rendering costs of any service, for the execution of the contract;

(k) “functionality” means the measurement according to predetermined norms, as set out in the

bid documents, of a service or commodity that is designed to be practical and useful, working

or operating, taking into account, among other factors, the quality, reliability, viability and

durability of a service and the technical capacity and ability of a bidder;

(l) “non-firm prices” means all prices other than “firm” prices;

(m) “person” includes a juristic person;

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(n) “rand value” means the total estimated value of a contract in South African currency,

calculated at the time of bid invitations, and includes all applicable duties and taxes;

(o) “service provider” means any individual or entity that is contracted by the Electoral

Commission to render goods or services.

(p) “specific goal” means specific goals as contemplated in section 2(1)(d) of the Preferential

Procurement Policy Framework Act, 2000

(q) “state” means any national or provincial department, national or provincial public entity or

constitutional institution within the meaning of the Public Finance Management Act (the

PFMA), 1999 (Act No. ), any municipality or municipal entity, provincial legislature,

National Assembly or the National Council of provinces; or Parliament;

(r) “sub-contract” means the primary bidder/contractor’s assigning, leasing, making out work to,

or employing, another person to support such primary bidder/contractor in the execution of

part of a project in terms of the SLA/contract.

(s) In the event that the primary contractor/bidder is purchasing or renting goods from another

entity for the purposes of rendering the services required in respect of this tender the latter

shall be deemed not to be a ‘sub-contractor’; and

(t) “total revenue” bears the same meaning assigned to this expression in the Codes of Good

Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad

Based Black Economic Empowerment Act and promulgated in the Government Gazette on

9 February 2007; and

(u) “trust” means the arrangement through which the property of one person is made over or

bequeathed to a trustee to administer such property for the benefit of another person.

3. The tender forms are drafted to ensure that certain essential information is to be furnished in a

specific manner. Any additional particulars shall be furnished in the enclosed questionnaire/s

(where applicable) or in a separate annexure/s.

4. The tender forms shall not be retyped or redrafted but photocopies may be prepared and used. All

photocopied pages must, however, be completed and signed/initialled in original ink as stipulated.

5. Additional offers may be made for any item in response to this tender but only on a photocopy of

the applicable page/s. Additional offers made in any other manner may be disregarded.

6. Tenders will not be qualified by the tenderer’s own conditions of tender. Failure to comply with this

requirement shall invalidate the bid.

7. Failure on the part of the tenderer to sign/initial all applicable pages (where a provision to sign

has been provided) of this tender form and thus to acknowledge and accept the conditions in

writing shall invalidate the bid submission.

8. Failure on the part of the tenderer to complete the attached forms, questionnaires and

specifications document in all respects may invalidate the bid submission. Failure to complete

mandatory forms/schedules shall invalidate the bid submission.

9. All changes/ alterations in the tender document should be signed/initialled. Failure on the part of

the tenderer to sign/initial any alterations and/or corrections made to information provided in this

tender form may invalidate the tender submission.

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Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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10. No correction fluid/tape or similar products will be allowed and the use thereof on any page of the

tender document may invalidate your bid submission.

11. Any changes/ alterations to pricing that are not signed/ initialled are considered material,

and shall invalidate the bid submission. Correction fluid/tape or similar products will not be

allowed to amend prices and the use thereof shall invalidate the bid submission.

12. Comprehensive completion of the pricing schedules in this bid document is compulsory.

Where pricing is not charged, same should be denoted as not applicable (N/A). Failure to

complete all the required pricing schedules in detail required shall lead to the

disqualification of a bid.

13. Information/detail provided on completed tender forms must be legible and ink must be used.

Tender forms completed and signed mechanically, e.g. by means of a typewriter/computer or a

signature/initial by means of a stamp are deemed to have been completed in original ink. Pencil

must not be used as it shall lead to the disqualification of the bid submission.

14. Tenderers shall check the numbers of the pages and satisfy themselves that none are missing or

duplicated. No liability shall be accepted with regard to claims arising from the fact that pages are

missing or duplicated. Incomplete bid submissions (i.e. with missing pages) shall be disqualified.

15. Tender prices must be all inclusive, including VAT in respect of all vendors registered for VAT

purposes. Non-VAT registered bidder shall not charge nor be eligible for the payment of VAT.

16. Tender prices for supplies in respect of which installation/ erection/ assembly is a requirement,

shall include ALL costs inclusive of VAT on a basis of delivered on site as specified.

17. The Electoral Commission shall only accept bids at prices that are market related. In the event that

a bid is deemed to not be market related the Electoral Commission reserves the right to negotiate

prices in accordance with the provisions of the SCM policy in order to achieve a market related

price or cancel the tender altogether.

18. National Treasury has placed an obligation on all bidders that intend doing business with

government to register on its Central Supplier Database (CSD). The Electoral Commission will not

contract any tenderer that is not registered on the CSD.

19. It is an absolute requirement that the tax affairs of the successful tenderer must be in order.

20. An entity’s tax compliance status is indicated on the Central Supplier Database (CSD). The

Electoral Commission will only contract tenderers whose tax status is compliant. This means that

if a tenderer has a non-compliant tax status before the award is completed the bid will be

disqualified if that tenderer’s tax affairs remains non-compliant as per the provisions of National

Treasury Instruction /2018. It remains the bidder’s responsibility to ensure that their taxes

are in order, remain in order and that this is reflected on the CSD. The bidder must also ensure

that all sub-contractors (if applicable) are tax compliant.

21. Bids must be submitted based on firm tender prices and delivery periods, unless otherwise stated

in the bid specifications. Consequently, tenderers must clearly state whether prices and delivery

periods will remain firm for the duration of the SLA/contract or not.

22. When the SLA/contract is awarded on the basis of firm prices, contract prices may be adjusted

during the contract period only if:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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(a) customs or excise duty or any other duty, levy or tax (excluding any anti-dumping and

countervailing duties or similar duties), is introduced in terms of any Act or regulation; or

(b) any such duty, levy or tax is legally changed or abolished; and

(c) the onus of proof of the effect of such events is placed upon the tenderer.

23. If non-firm prices are provided for in the bid specifications, the following rules shall apply:

(a) In respect of any factors which demonstrably have an influence on the production cost of the

supplies or the cost of rendering the services which have been tendered on the basis of non-

firm prices, price adjustments which become effective during the contract period may be

allowed with effect from the date of the change in cost and founded on the actual direct

change in the cost as used in the calculation of the tender price, in addition to those provided

for.

(b) Where the tenderer is the manufacturer of the supplies or the provider of the service, or

where he/she/they is the accredited agent of the manufacturer or the provider, evidence in

support of the price adjustments claimed shall be produced on demand.

(c) As an alternative, the bidder may specify a formula in the bid submission for the purpose of

adjusting prices in accordance with published indices.

(d) Where the tenderer is not the provider of the service, or where he/she/they is not the

accredited agent of the provider, any price adjustment shall be based on the increase or

reduction to the tenderer in the net cost of the supplies on which the tender price was based.

When any such increase or reduction in costs occurs, the tenderer shall submit copies of the

quotation or price list with reference to which the tender price as calculated, as well as the

revised quotation or price list on which the claim is based.

24. Where prices are subject to exchange rate fluctuations, tenderers must take that factor into account

when bidding and, where necessary, should ensure that they have taken the necessary forward

cover to provide for possible price increases. When applicable, specific detail to this effect should

be included in the bid submission.

25. Preference points shall be calculated after prices have been brought to a comparative basis taking

into account all factors of non-firm prices and all unconditional discounts.

26. Unconditional discounts offered by any tenderer as part of their bid submission may be considered

by the Electoral Commission at its sole discretion in the bid adjudication process. Any other

discounts offered by any tenderer will be taken into consideration for payment purposes.

27. The bid specifications form an integral part of the tender document and tenderers shall indicate in

the space/s provided whether the specific goods and/or services offered are according to

specification or not.

28. In cases where the goods and/or services offered are not according to specification, the deviations

from the specifications must be indicated. Specifications may not, however, be changed on the

tender forms provided as that shall invalidate a bid submission.

29. Unless specifically provided for in the tender document, no bids transmitted by facsimile or email

will be considered.

30. Tenderers are requested to promote local content as far as possible.

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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31. A service level agreement (SLA/contract) shall be entered into with the successful tenderer.

32. Unless otherwise stipulated, all tools/equipment needed must be supplied by the successful

tenderer.

33. Any tenderer found to be influencing the tender adjudication process shall be automatically

disqualified and not accepted for consideration.

34. In accordance with the Electoral Commission’s policy, the Electoral Commission reserves the right

to procure goods/services outside of the SLA/contract if, inter alia, an emergency arises; the

service provider’s point of supply is not situated at or near the place where services are required

or, if the service provider’s services are not readily available.

35. The Electoral Commission reserves the right to negotiate the extension of the SLA/contract at its

sole discretion with due regard to any statutory provisions imposed by National Treasury at the

time of considering such extension.

36. The Electoral Commission may, at its sole discretion, resolve to procure lesser or additional

goods/services as provided through the tender should the need arise. Any such change in the

scope of services shall be negotiated with the successful tenderer if and when relevant with due

regard to any statutory provisions imposed by National Treasury at the time of considering such.

37. Bid submissions received by the Electoral Commission and bid evaluation, assessment and

adjudication reports that may contain sensitive information relating to any specific bids are not

available for perusal by the public.

38. All information supplied by the Electoral Commission will be in the strictest confidence and will

remain the proprietary information of the Electoral Commission. No tenderer will be permitted to

disclose any such information to any third party without the prior express consent and/or written

authority and/or consent of the Electoral Commission.

39. Should the tenderer fail to comply with any of the conditions of the SLA/contract, the Electoral

Commission shall be entitled, without prejudice to any of its other rights, to:

(a) arrange for the alternative execution of the service/s not rendered or not in conformity with

the specifications of the SLA/contract; and

(b) recover all costs, losses or damages it has incurred or suffered as a result of the tenderer’s

conduct; or

(c) cancel the SLA/contract and claim any damages which it has suffered as a result of having

to make less favourable arrangement due to such cancellation.

40. All acquisitions for goods and/or services made by the Electoral Commission are subject to the

following conditions:

(a) No variations from the terms and conditions herein contained, and no contrary stipulation by

the tenderer shall be valid and binding unless confirmed by the Electoral Commission in

writing.

(b) The Electoral Commission reserves the right to cancel any order if delivery is not made in

due time and the tenderer will not be entitled to any cancellation fees.

(c) Part deliveries will only be accepted on prior arrangement with the Electoral Commission.

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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(d) If delivery is not met as per agreement, the Electoral Commission reserves the right to cancel

the outstanding delivery, and recover all costs, losses or damages it has incurred or suffered

as a result of the tenderer’s conduct.

(e) No price adjustments shall be accepted unless stipulated in the tender document received

and agreed to by the Electoral Commission. The tenderer will be obliged to sell at tendered

prices.

(f) The award of the tender may be subjected to the negotiation of a market-related price with a

bidder in accordance with the provisions of the SCM policy.

(g) The Electoral Commission shall not be responsible for any risk in relation to the goods before

delivery.

(h) The Electoral Commission shall not be obliged to pay for any goods with any deviation from

the agreed specification and quality.

(i) The Electoral Commission shall be entitled to return any goods with defects or deviations

from the agreed specification without consent from the tenderer.

(j) The service provider shall submit a valid tax invoice where the service provider is VAT

registered, or a valid invoice if the service provider is not VAT registered, conforming to tax

law requirements, to the Electoral Commission. The invoice amount shall correspond with

the order amount and shall be VAT inclusive, where applicable.

(k) Details provided on invoices issued to the Electoral Commission must correspond to the

details of the service provider as registered on the Central Supplier Database (CSD). It

remains the service provider’s responsibility to ensure that details are correct to enable the

Electoral Commission to effect any payments due to the bidder.

(l) Payment shall be effected within 30 days of receipt of a valid invoice/s together with a

statement of the Electoral Commission’s account, unless a dispute arises in respect of such

invoice/s. Every effort shall be made to take advantage of special discounts.

(m) To avoid unnecessary delays in payment, it remains the tenderer’s responsibility to ensure

that banking details are correct and validated on the Central Supplier Database (CSD). The

Electoral Commission will not be liable for interest accrued on overdue accounts where the

tenderer has not resolved their incorrect banking details on the CSD.

41. No damages shall be claimable by the Electoral Commission in respect of any reasonable period

of delay which the tenderer can prove to the satisfaction of the Electoral Commission to be directly

due to unforeseen events and/or any force majeure.

42. If the execution of any SLA/contract entered into is likely to be delayed or is in fact being delayed

on account of any reason, full particulars of the circumstances shall be immediately reported in

writing to the contact person stated in the service level agreement (SLA/contract), and at the same

time the service provider shall indicate the extension of the delivery/completion period which will

then be required.

43. If information required in respect of any item in the tender document cannot be adequately inserted

in the space provided, additional information may be provided on a separate sheet of paper with a

clear and accurate reference to the item and page of the tender document.

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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44. Tenderers may, at the discretion of the Electoral Commission, be requested to submit samples or

prototypes, make presentations and/or written submissions in order for the Electoral Commission

to assess compliance with tender conditions and specifications.

45. Scoring in respect of this tender will be based on the provisions of the Preferential Procurement

Policy Framework Act, 2000 (PPPFA) and Preferential Procurement Regulations, 2022. Only valid

B-BBEE status level certificates, CIPC B-BBEE certificates or B-BBEE affidavits are acceptable,

and these will be subject to verification and validation.

46. The following preference point systems are applicable to bids of the Electoral Commission:

(a) the 80/20 system for goods and/or services with a Rand value equal to or below R50,000,000

(all applicable taxes included);

(b) the 90/10 system for goods and/or services with a Rand value above R50,000,000 (all

applicable taxes included); and

(c) if it is unclear which preference point system will be applicable, then either the 80/20 or the

90/10 preference point system will apply and the lowest acceptable bid will be used to

determine the applicable preference point system.

47. The value of this tender is estimated to exceed R50,000,000 (all applicable taxes included)

and therefore the 90/10 scoring system shall be applicable.

48. Preference points for this bid shall be awarded for:

(a) Price (80 or 90 as applicable); and

(b) Specific goal(s) (a maximum of 20 or 10 as applicable).

49. A maximum of 80 or 90 points is allocated for price on the following basis:

 Pt − P min   Pt − P min  80/20 or 90/10 Ps = 80 1 −  or Ps = 90 1 − 

 P min   P min 

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

50. In terms of Regulation 3(b) of the Preferential Procurement Regulations, 2022 preference points

must be awarded to a tenderer for specific goal(s) in accordance with the table below:

B-BBEE Status Level of Contributor Number of Points Number of Points

80/20 90/10

1 20 10

2 18 9

3 14 6

4 12 5

5 8 4

6 6 3

7 4 2

8 2 1

Non-compliant contributor 0 0

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Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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51. Tenderers who qualify as exempted micro enterprises (EMEs) in terms of the B-BBEE Act and its

codes must submit a CIPC B-BBEE certificate or B-BBEE sworn affidavit (with the exception of

sector codes).

(a) For EMEs falling under a sector charter, the tenderer must submit a B-BBEE document in

compliance with the applicable sector code.

52. Tenderers who qualify as qualifying small enterprises (QSEs) in terms of the B-BBEE Act and its

codes must submit a B-BBEE sworn affidavit or B-BBEE status level certificate as applicable.

(a) QSEs with at least 51% black ownership must submit a B-BBEE QSE sworn affidavit.

(b) QSEs with 50% or less black ownership must submit their valid B-BBEE status level

certificate, issued by a Verification Agency accredited by South African Accreditation System

(SANAS) substantiating their B-BBEE claims. A black-owned QSE may be measured in

terms of the QSE scorecard should it so choose and therefore may also provide a valid B-

BBEE status level certificate issued by a Verification Agency accredited by SANAS

substantiating their B-BBEE claims.

53. Tenderers other than EMEs or QSEs must submit their valid B-BBEE status level certificate issued

by a Verification Agency accredited by South African Accreditation System (SANAS),

substantiating their B-BBEE claim.

54. Failure on the part of a tenderer to submit a sworn affidavit, or a B-BBEE Verification Certificate

from a Verification Agency accredited by the South African Accreditation System (SANAS) together

with the bid, will be interpreted to mean that preference points for specific goals are not claimed.

55. In order to validate the credibility of the information recorded on the B-BBEE verification certificate,

sworn affidavit or CIPC B-BBEE certificate the Electoral Commission requires all applicable

supporting documents.

56. An incorporated joint venture will qualify for points for its B-BBEE status level as a legal entity,

provided that the entity submits its B-BBEE status level certificate.

57. A trust, consortium or unincorporated joint venture will qualify for points for its B-BBEE status level

as an unincorporated entity, provided that the entity submits its consolidated B-BBEE status level

certificate as if it were a group structure and that such a consolidated B-BBEE status level

certificate is prepared for every separate bid.

58. Tertiary institutions and public entities will be required to submit their B-BBEE status level

certificates in terms of the specialised scorecard contained in the B-BBEE Codes of Good Practice.

59. Start-ups that are EMEs but wish to tender for contracts of R10 million in value or above, must be

verified using the QSE scorecard. For tenders of R50 million in value or above start-ups must be

verified using the generic scorecard.

60. A person will not be awarded points for specific goals if it is indicated in the bid document that such

a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise

that does not qualify for at least the points that such a bidder qualifies for.

61. A person awarded a SLA/contract may not sub-contract more than 25% of the value of the contract

to any other enterprise that does not have an equal or higher B-BBEE status level than the person

concerned.

62. The Electoral Commission reserves the right to require of a tenderer, either before a bid is

adjudicated or at any time subsequently, to substantiate any claim in regard to preference points,

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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in any manner required by the Electoral Commission. In the event that no response is received

from the issuer of the certificate after 48 hours or the tenderer, no specific goal points will be

allocated in the final scoring.

63. A tenderer who's bid is acceptable will be awarded a contract based on lowest acceptable bid,

which is market related, subject to section 2(1)(f) of the PPPFA, in addition to complying with all

the other requirements, such as, meeting the technical specifications and satisfying the Electoral

Commission’s due diligence audit requirements which entails confirmation of the bidder’s capacity,

capability and ability to render the goods/services in accordance with the tender conditions/

specifications.

64. Points scored will be rounded off to the nearest 2 decimal places.

65. In the event that two or more bids have scored equal total points, the successful bid will be the one

scoring the highest number of points for specific goals.

66. Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

67. Any legal person may make an offer or offers in terms of this invitation to bid.

68. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded

to persons employed by the state, or to persons connected with or related to them, it is required

that the tenderer or his/ her authorised representative declare his/ her position in relation to the

evaluating/ adjudicating authority, where:

(a) the tenderer is employed by the state; and/or

(b) the legal person on whose behalf the bidding document is signed, has a relationship with

persons/ a person who are/ is involved in the evaluation and/ or adjudication of the bid(s),

or where it is known that such a relationship exists between the person or persons for or

on whose behalf the declarant acts and persons who are involved with the evaluation and/

or adjudication of the bid.

69. The Public Service Administration Management Act prohibits public servants from

conducting business with the state or being a director of a public or private company that conducts

business with the state.

70. The Electoral Commission may cancel the tender for reasons that may include inter alia:

(a) Changed circumstances – There is no longer a need for the goods/services.

(b) Funds are no longer available to cover the total envisaged expenditure.

(c) No acceptable bid is received.

(d) There is a material irregularity in the tender process.

(e) If the price offered by a tenderer scoring the highest points is not market-related.

71. This bid is subject to the Preferential Procurement Policy Framework Act, 2000 and the Preferential

Procurement Regulations, 2022, the general conditions of contract (GCC) and, if applicable, any

other special conditions of contract.

72. The Electoral Commission reserves the right not to award the tender to a bidder that has affiliations

with any registered political party/parties, candidate(s) or contestant(s)”.

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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Bid submission

This standard bidding document must be completed by the tenderer and forms part of all bids.

In the case of a consortium or joint venture, every member of the consortium or joint venture must complete

the questionnaire.

In the case of subcontractors, where more than 25% of the work will be done by such subcontractor/s

each subcontractor must complete the mandatory tender forms 13 to 25 - Tender Questionnaire, financial

information, deliveries and guarantees, bidder’s disclosure, POPIA consent and Political Party affiliation

declaration.

Separate forms must be used in each case.

Failure to complete and sign/initial all applicable pages (where a provision to sign has been provided) of

this document in original ink shall invalidate your bid.

Where space provided is insufficient, annexes must be submitted with the relevant information.

False documents and/or the omission of information may invalidate your bid.

The form serves as a declaration to ensure that when goods and services are being procured, all

reasonable steps are taken to combat the abuse of the supply chain management system.

Any bid may be disregarded if the tenderer or any of its directors or shareholders has:

• abused the Electoral Commission’s supply chain management system;

• committed fraud or any other improper conduct in relation to such system; or

• failed to perform on any previous contract.

Prospective tenderers must register on the National Treasury Central Supplier Database (CSD) prior to

submitting their bids. Failure to register on the CSD shall invalidate your tender.

A tenderers tax affairs must be in order to be considered in the adjudication of this tender. A tenderer’s

tax compliance status is reflected on the national treasury central supplier database (CSD).

A tenderer’s tax compliance status shall apply as it was at the time of the award of the tender. The tender

shall only be awarded to a tenderer that is tax compliant. The electoral commission verifies tax status

against the CSD. Any bid with a non-compliant tax status shall be rejected at the time of the award of the

tender. Tax non-compliant tenderers are, therefore, encouraged to continuously monitor their tax

compliance status on the CSD and must ensure that their status reflects as tax compliant. tenderers must

resolve any pending tax issues with SARS timeously as it takes time for status changes to be effected

from the SARS Tax Compliance System (TCS) to the CSD.

Although not all the information requested hereunder might be relevant to the specific requirements of this

tender, you are requested to complete the document with as much relevant detail as possible.

The information may be used during the bid evaluation process of the tender.

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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Tender questionnaire

Important note: Where more space is required for additional information please use photocopies of the applicable page/s.

However, all pages must be completed and signed in original ink.

1. Name of business entity (tenderer): ..................................................................

2. Company CIPC registration number (if applicable):................................................

3. Central Supplier Database (CSD) registration number:

M a a a

Your unique registration number as provided above will be used to capture your company details as a vendor to the Electoral

Commission. The Electoral Commission will draw your registration detail and tax compliant status from the National Treasury

Central Supplier Database (CSD) and any changes (including banking details) you effect to your registration on the CSD will

automatically update your registration as a vendor to the Electoral Commission. Detail provided on invoices issued to the

Electoral Commission must correspond to the detail of your company as registered on the CSD. It remains your responsibility

to ensure that details are correct to enable the Electoral Commission to effect any payments due to you.

4. Contact person (person representing tenderer): ..............................................................

5. Contact number: ...............................................................................................................

6. Cellphone number: ..........................................................................................

7. eMail address: ...............................................................................................

8. Physical address of tenderer:

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

.................................................................................Postal Code: ...............

9. Type of Company/Enterprise [TICK APPLICABLE BOX]

 Partnership/Joint Venture / Consortium

 One person business/ sole propriety

 Close corporation (CC)

 Public Company

 Personal Liability Company

 Company (Pty) Ltd

 Non-Profit Company

 State Owned Company

 Other ______________________________________________

10. Describe Principal Business Activities

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

11. Company Classification [TICK APPLICABLE BOX]

 Manufacturer

 Supplier

 Professional

 Other, e.g. transporter, et cetera. _________________________________________

12. Total number of years the company/firm has been in business:.................. ............

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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13. The names of directors/ members of companies are drawn from the Central Supplier Database

(CSD). Please provide the detail of any directors/ trustees/ shareholders/ members/ partners or any

person having a controlling interest and their individual identity numbers that do not appear on your

CSD registration in the table below.

Full Name Identity Number Designation

14. Enterprise size Classification (Tick one applicable to your company):

Eme

Qse

Generic

15. Please stipulate the B-BBEE status level of contribution

as it appears on the certificate/affidavit for your entity

16. Is the entity an exempted micro enterprise (EME) for the

purposes of the Preferential Procurement Regulations, YES NO

2022?

17. Has a B-BBEE status level verification certificate/affidavit

Yes NO

been submitted?

18. If yes, who issued the certificate?

A verification agency accredited by the South African National Accreditation

System (SANAS)

Commissioner of Oaths in the case of an applicable sworn affidavit

Cipc

All tenderers must submit sworn affidavits or status level certificates together with their bid documentation in support of and confirming

the B-BBEE status level indicated above. Failure to submit the affidavit or certificate will result in a tenderer being deemed as a noncompliant contributor and a status level of zero (0) will be allocated.

Contents of this page noted:

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

Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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19. Compulsory supporting documents for B-BBEE claims

Ownership documents required

Black ownership B-BBEE Status level certificate/ CIPC B-BBEE

certificate/ B-BBEE sworn affidavit Black female ownership

Proof ownership (share certificates for companies/

CK1 or CK2 for CCs)

IDs for all owners

Black people with disabilities Completed form EEA1

Doctor’s letter confirming disability

Financial year end and Ex Disclosure certificate not older than 3 months

Officio confirmation

All tenderers must submit sufficient supporting documents together with their bid documentation in

support of and confirming the specific goals claimed above. Failure to submit the documents will

result in a tenderer being deemed as non-compliant and zero points (0) will be allocated for specific

goals. If the tenderer is owned by juristic persons, proof of ownership must be submitted for all

entities until all natural persons are accounted for.

20. Questionnaire to foreign bidders:

Are you the accredited representative in South

Africa for the goods/ services/ works offered? [If YES NO

YES, enclose proof]

Are you a foreign based supplier for the goods/

services/ works offered? [If YES, answer the YES NO

questionnaire below]

Is the entity a resident of the republic of South Africa

Yes NO

(RSA)?

Does the entity have a branch in the RSA? YES NO

Does the entity have a permanent establishment in

Yes NO

the RSA?

Does the entity have any source of income in the

Yes NO

RSA?

Is the entity liable in the RSA for any form of

Yes NO

taxation?

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 via e-Filing through the SARS website www.sars.gov.za.

21. Legal status of tenderer (tick one box)

Principal tenderer

Subcontractor ............% of work will be subcontracted*

Consortium

Joint venture (JV)

Other, specify

In the case of subcontractors, where more than 25% of the work will be done by such

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

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subcontractor/s, each subcontractor must complete the tender questionnaire as well as the bidder’s

disclosure (SBD4).

Separate forms must be used in each case.

In line with the National Treasury Instruction /2018 the tax affairs of subcontractors must

also be in order on the Central Supplier Database (CSD).

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

separate TCS certificate/ PIN/ CSD number.

22. Employment Equity Act (EEA) (Chapter VI – General Provisions: State Contracts)

23. In terms of Section 53(1) of the EEA every employer that makes an offer to conclude an agreement

with any organ of state for the furnishing of suppliers or services to that organ of state or for the

hiring or letting of anything:

23.1 must-

(i) if it is a designated employer, comply with Chapters II and III of this Act; or

(ii) if it is not a designated employer, comply with Chapter II of this Act; and

23.2 attach to that offer either-

(i) a certificate in terms of subsection (2) which is conclusive evidence that the employer

complies with the relevant Chapters of this Act; or

(ii) a declaration by the employer that it complies with the relevant Chapters of this Act, which,

when verified by the Director-General, is conclusive evidence of compliance.

24. In terms of Section 53(2) of the EEA an employer referred to in subsection (1) may request a

certificate from the Minister confirming its compliance with Chapter II, or Chapters II and III, as the

case may be.

25. In terms of Section 53(3) a certificate issued in terms of subsection (2) is valid for 12 months from

the date of issue or until the next date on which the employer is obliged to submit a report in terms

of section 21, whichever period is the longer.

26. In terms of Section 53(4) a failure to comply with the relevant provisions of this Act is sufficient

ground for rejection of any offer to conclude an agreement referred to in subsection (1) or for

cancellation of the agreement*.

• Statutory regulations may require that supplies and services shall not be procured for and on behalf of the State, unless

an employer has attached to its offer a certificate in terms of Section 53(I)(b)(i) or a declaration in terms of Section

53(l)(b)(ii) of the Employment Equity Act.

27. Is your company a designated employer in terms

of the Employment Equity Act (EEA)? (Act 55 YES NO

of 1998)

28. Does your company comply with Chapter III of EXEMPT

Yes NO

the Employment Equity Act? (Act )

29. In respect of the EEA requirements above, please attach either:

29.1 A certificate in terms of Section 53(2) of the EEA which is conclusive evidence that the

employer complies with the relevant Chapters of the EEA; or

An employer may request a certificate from the Minister confirming its compliance with Chapter

II, or Chapters II and III, as the case may be.

29.2 A declaration by the employer that it complies with the relevant Chapters of the EEA, which,

when verified by the Director-General, is conclusive evidence of compliance.

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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30. Tenderers must monitor developments around the EEA in order to be informed of any changes in

the statutory requirements.

31. In the event of subcontractors being used to render the services required in terms of this tender, the

principal tenderer must complete the schedule below in order to clearly indicate which entities will

be subcontracted as well as the percentage of work to be subcontracted to each of these entities in

relation to the total value of the contract.

Name of Company to be Subcontracted % Value of Total Contract

Allocated to Subcontractor

Total % of Work to be Sub-contracted*

.................. %

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

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

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

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

Contents of this page noted:

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Service providers initials / signature

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The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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Financial information

32. What is the company’s annual average turnover during the previous three financial years or such

lesser period during which the business has been operating?

Financial Year Annual Turnover Gross Asset Value Net Asset Value

(e.g. 2022, 2023, 2024)

R r r

R r r

R r r

R r r

33. Please provide the following figures in respect of the most recent audited financial statements:

Figures are provided for the audited financial statement of .............................. (State Year)

o Total current assets R.............................................

o Inventory R.............................................

o Prepaid expenses R.............................................

o Current liabilities R.............................................

34. Is your company listed on the Stock Exchange? YES NO

35. Are the prices quoted firm for the full period of the

Yes NO

contract?

If the tender prices are not firm for the full period, provide details against the appropriate

category(s) below:

Non-firm prices, i.e. prices linked to statutory adjustments

Yes NO

and other proven adjustments.

Explanation: ....................................................................................

Prices linked to fixed period adjustments. YES NO

Prices linked to escalation formula adjustments. YES NO

Explanation: Note that for the purpose of price comparisons, the actual price inclusive of VAT that the Electoral Commission will have to pay over

the contract period will be used, unless otherwise stipulated in the detailed specifications

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

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Deliverables and guarantees

36. Is the delivery period stated in the tender firm? YES NO

37. Do you confirm that the required goods/services are

guaranteed in terms of any specific guarantees that may YES NO

be required in the bid specification?

38. Are you the accredited representative in the Republic

of South Africa of the manufacturer of the equipment YES NO

offered by you?

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

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Sbd4

Bidder’s disclosure

1. Purpose of the form

Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid. In line

with the principles of transparency, accountability, impartiality, and ethics as enshrined in the

Constitution of the Republic of South Africa and further expressed in various pieces of legislation, it

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

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

Suppliers, that person will automatically be disqualified from the bid process.

2. Bidder’s Declaration

2.1. Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person

having a controlling interest1 in the enterprise, employed by the state? YES/ NO

2.1.1. If so, furnish particulars of the names, individual identity numbers, and, if applicable, state employee

numbers of sole proprietor/ directors / trustees / shareholders / members/ partners or any person

having a controlling interest1 in the enterprise, in table below.

Full Name Identity Number Name of State institution

2.2. Do you, or any person connected with the bidder, have a relationship with any person who is

employed by the procuring institution? YES/ NO

1 the power, by one person or a group of persons holding the majority of the equity of an enterprise, alternatively, the person/s

having the deciding vote or power to influence or to direct the course and decisions of the enterprise.

Contents of this page noted:

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Service providers initials / signature

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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2.2.1. If so, furnish particulars:

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

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

2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or any person

having a controlling interest in the enterprise have any interest in any other related enterprise

whether or not they are bidding for this contract? YES/ NO

2.3.1 If so, furnish particulars:

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

• Compile and maintain a register of parties;

• Undertake and promote research into electoral matters;

• Develop and promote the development of electoral expertise and technology in all spheres of

government;

• Continuously review electoral laws and proposed electoral laws, and make recommendations;

• Promote voter education;

• Declare the results of elections for national, provincial and municipal legislative bodies within seven

(7) days of those elections; and

• Appoint appropriate resources in any sphere of government to conduct elections when necessary.

The Electoral Commission currently operates in approximately 270 municipal electoral offices, nine (9)

provincial offices and ten (10) warehouses at national and provincial level.

Where pricing is not charged, same should be denoted as not applicable (N/A). Failure to

complete all the required pricing schedules in detail required shall lead to the

disqualification of a bid.

i. Non-compliance with tender rules

ii. Failure to attend a COMPULSORY briefing session (if applicable).

iii. Failure to return all applicable pages of the tender document that must be signed/initialled.

iv. Failure to complete tender forms in original ink.

v. Failure to sign/ initial all applicable pages (where a provision to sign has been provided) of the

tender document. Signing of the Bidder’s Disclosure and Declaration is deemed equivalent to signing

that specific page and/or signing the page represents signing the Bidder’s Disclosure and Declaration.

vi. Any changes/ alterations to pricing that are not signed/ initialled and/ or the use of correctional fluid/

tape or any similar product in respect of pricing in the tender document.

vii. Any changes to the tender specifications (unless formally agreed to by the Electoral Commission and

recorded as such before the closure of the tender).

viii. Failure to complete and sign all affidavits, certificates, declarations and annexures contained in the

tender in original ink.

ix. Failure to register on the Central Supplier Database (CSD).

x. A non-compliant tax status

i. Rates and prices – schedules not completed as required.

ii. Failure to submit obligatory written proposals/ explanations/ samples/ prototypes/ certificates or similar

requirements.

iii. In respect of subcontractors (>25%) or joint ventures or consortiums, failure to complete and submit

the required tender forms (pages 13-25 of the tender document) or to submit evidence that your tax

affairs are in order.

tax compliance status is indicated on the Central Supplier Database (CSD)

tax compliance status is reflected on the national treasury central supplier database (CSD)

tax compliance status shall apply as it was at the time of the award of the tender

tax compliance status on the CSD and must ensure that their status reflects as tax compliant

Tax Compliance System (TCS) to the CSD

tax compliance status system pin code from the South African Revenue Service (SARS) and if not

tax compliance

tax compliance status with

CSD registration in the table below

CSD number

Central Supplier Database (CSD)

Central Supplier Database (CSD) prior to

Central Supplier Database (CSD) registration number

Central Supplier Database (CSD) and any changes (including banking details) you effect to your registration on the CSD will

Central Supplier Database

Central Supplier Database (CSD)?

proof of ownership must be submitted for all

are in order, remain in order and that this is reflected on the CSD. The bidder must also ensure

B-BBEE Minimum Level: 0

Points Allocation: 90 points

B-BBEE Details: nitial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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General tender conditions

1. These conditions form part of the tender and failure to comply with these may invalidate a bid.
2. The following definitions shall apply:

(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

(b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the

Broad Based Black Economic Empowerment Act;

(c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity

based on its overall performance using the relevant scorecard contained in the Codes of

Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the

Broad-Based Black Economic Empowerment Act;

(d) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by

an organ of state for the provision of services, works or goods, through price quotations and

advertised competitive bidding processes;

(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. ); together with the Broad-Based Black

Economic Empowerment Amendment Act, 2013 (Act No. )

(f) “comparative price” means the price after the factors of a non-firm price and all unconditional

discounts that can be utilised have been taken into consideration;

(g) “consortium or joint venture” means an association of persons for the purpose of combining

their expertise, property, capital,

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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B

Background

The Electoral Commission is a permanent body established in terms of Chapter 9 of the Constitution of

the Republic of South Africa and the Electoral Commission Act . It is responsible for managing

and administering all elections and promoting and safeguarding democracy in South Africa. Although

publicly funded and accountable to Parliament, the Electoral Commission is independent of government.

In terms of Section 190 of the Constitution of the Republic of South Africa (Act ), the Electoral

specific manner. Any additional particulars shall be furnished in the enclosed questionnaire/s

(where applicable) or in a separate annexure/s.

Important: Failure to complete/sign/initial this page in original ink will invalidate your tender!! Failure to sign/initial any alterations or corrections made may also invalidate your tender!!

The use of any correction fluid, tape or similar products may invalidate your tender submission!!

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(a) customs or excise duty or any other duty, levy or tax (excluding any anti-dumping and

countervailing duties or similar duties), is introduced in terms of any Act or regulation; or

(b) any such duty, levy or tax is legally changed or abolished; and

(c) the onus of proof of the effect of such events is placed upon the tenderer.

(a) In respect of any factors which demonstrably have an influence on the production cost of the

supplies or the cost of rendering the services which have been tendered on the basis of non-

firm prices, price adjustments which become effective during the contract period may be

allowed with effect from the date of the change in cost and founded on the actual direct

change in the cost as used in the calculation of the tender price, in addition to those provided

for.

(b) Where the tenderer is the manufacturer of the supplies or the provider of the service, or

where he/she/they is the accredited agent of the manufacturer or the provider, evidence in

support of the price adjustments claimed shall be produced on demand.

(c) As an alternative, the bidder may specify a formula in the bid submission for the purpose of

adjusting prices in accordance with published indices.

(d) Where the tenderer is not the provider of the service, or where he/she/they is not the

accredited agent of the provider, any price adjustment shall be based on the increase or

reduction to the tenderer in the net cost of the supplies on which the tender price was based.

disqualified and not accepted for consideration.

34. In accordance with the Electoral Commission’s policy, the Electoral Commission reserves the right

to procure goods/services outside of the SLA/contract if, inter alia, an emergency arises; the

service provider’s point of supply is not situated at or near the place where services are required

or, if the service provider’s services are not readily available.

in the space provided, additional information may be provided on a separate sheet of paper with a

clear and accurate reference to the item and page of the tender document.

(CSD). Please provide the detail of any directors/ trustees/ shareholders/ members/ partners or any

person having a controlling interest and their individual identity numbers that do not appear on your

as it appears on the certificate/affidavit for your entity

16. Is the entity an exempted micro enterprise (EME) for the

purposes of the Preferential Procurement Regulations, YES NO

2022?

terms of section 59 of the Competition Act No and or may be reported to the National

Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting

business with the public sector for a period not exceeding ten (10) years in terms of the Prevention

and Combating of Corrupt Activities Act No or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS

Protection of Personal Information Act (POPIA) and Political Party Affiliation.

2.2 I certify that the information furnished in this bid submission, which includes the information

stated in respect of the applicable forms, is true and correct. I accept that the Electoral

and complete in every respect.

2.3 Each person whose signature appears on the accompanying bid has been authorised by the bidder

to determine the terms of, and to sign the bid, on behalf of the bidder.

2.4 I hereby bid to render all or any of the services described in the attached documents to the Electoral

constitute an offence in terms of section 13O(1)(a) of the B-BBEE Act, which states that a person

commits an offence if that person knowingly misrepresents or attempts to misrepresent the B-BBEE

status of an enterprise, and the B-BBEE Commission may institute an investigation in terms of

section 13J of the B-BBEE Act.

In addition, section 13A of the B-BBEE Act has empowered organs of state to cancel any contract

or authorisation awarded on account of false information knowingly furnished by or on behalf of an

enterprise in respect of its B-BBEE empowerment status.

{"closingDate":"10 December 2026","closingTime":"11:00","briefingSession":"{"date":"29 September 2026","time":"11:00","venue":null,"is_compulsory":false}"}