Impact assessment for national consumer commission – open tender in gauteng

1.1. The purpose of this Terms of Reference (TOR) is to invite proposals from suitable qualified service

provider to undertake an impact assessment of National Consumer Commission’s (NCC)

education (Business and consumer) and enforcement interventions spanning a five-year period

from 2019-2025.

1.2. The TOR outlines the scope, requirements, and technical considerations necessary to ensure the

NCC remains secure, compliant, and operationally efficient.

2.1. The NCC, herein referred to as the Commission, is a juristic person established in terms of section

85 of the Consumer Protection Act; No (“Act"), as an organ of the state within the public

administration but as an institution outside the public service. The Commission has been

operational since 1 April 2011. The main objective of the Commission is to, amongst other things,

promote and advance the social and economic welfare of consumers in South Africa by:

2.1.1. Establishing a legal framework for the achievement of a consumer market that is fair, accessible,

efficient, sustainable, and responsible.

2.1.2. Reducing and ameliorating any disadvantages experienced by vulnerable consumers in

accessing goods or services.

2.1.3. Promoting fair business practices & protecting consumers from improper conduct.

2.1.4. Improving consumer awareness and encouraging choice.

2.1.5. Promoting consumer confidence and empowerment.

2.1.6. Providing a consistent, accessible, and efficient system of consensual resolution of

disputes; and

2.1.7. Providing an accessible, consistent, harmonized, effective, and efficient system of redress for

consumers.

2.2 In addition, Section 3 (2c) of the Act enjoins the Commission to undertake research and propose

policies to the Minister of Trade, Industry and Competition (DTIC), including proposals for

legislative, regulatory or policy initiatives that would improve the realisation and full enjoyment of

consumer rights.

2.3 In pursuance of realising and improving consumer rights and promoting fair business practices and

protecting consumers, the Commission has put in place education and enforcement initiatives.

Thus, these initiatives, among others, assist the Commission in realising its legislative mandate.

3. Reason for the need

3.1. An impact assessment of the Commissions education and enforcement interventions has not been

undertaken. The Commission has undertaken education and enforcement interventions in

accordance with the CPA, however, the effectives of these interventions has not been determined.

Therefore, an assessment of the impact of education and enforcement interventions covering the

period from 2019-2025 should be conducted to assist the Commission with:

3.1.1. Determining whether the consumer education interventions that were provided over the said

period made any impact on consumers regarding their understanding of their consumer rights

leading to meaningful changes in consumer behaviour;

3.1.2. Determining whether the business education interventions that were provided over the said

period made an impact in enhancing their understanding of their responsibilities and obligations

in line with the CPA.

3.1.3. Determining the impact of business compliance with the Act after enforcement measures were

taken;

3.1.4. Determining the impact of redress received by consumers once enforcement measures were

taken;

3.1.5. Establishing the efficiency of interventions, namely, to justify whether the costs (human and

financial) incurred when implementing consumer and business interventions yielded any returns

on investment; and

3.1.6. Improving education and enforcement interventions through the evidence provided by the

impact assessment. The evidence will assist in decisions regarding any future review,

adjustment or abandonment of the interventions if the intended objectives were not met.

4.1. The timeframe to complete the impact assessment will be eight (8) months. In this regard, a

comprehensive project plan for implementing the study is required. The project plan needs to

reflect the activities, outputs, milestones, timeframe and team members crucial for the

implementation of the study. The experience of the service provider coupled with the project

manager and team members are vital in terms of carrying out the scope of work fleshed out below.

4.2. A desktop review of available literature that covers best practices of impact assessments in the

public sector pertaining to enhancing the effectiveness of interventions. The review should include

approaches to undertaking impact assessments that do not possess baseline information pivotal

in measuring change.

4.3. A nationally representative consumer survey to determine the impact of consumer education

interventions on consumers disaggregated according to province, district, and demographics

(race, gender, educational level). In addition, the survey should determine the redress received by

consumers through enforcement measures. The urban-rural dimension needs to be factored in for

the demographics.

4.4. A nationally representative business survey to determine the impact of business education and

enforcement interventions disaggregated according to province, district and the urban-rural

dimension.

4.5. Conduct two focus groups each with consumers in two provinces which receive the most

complaints (Gauteng, and Western Cape).

4.5.1 Conduct two focus groups each with consumers in two provinces that do not receive many

complaints (Northern Cape and Northwest).

4.5.2 In addition, conduct two focus groups each with business in the aforementioned provinces.

Therefore, the service provider will undertake eight (8) consumer focus groups in four provinces

and eight (8) focus groups with businesses in four provinces which is sixteen (16) in total.

4.5.3 Conduct eight (8) focus groups (4 with consumers and 4 with businesses) in the identified

provinces in rural areas.

4.5.4 Conduct eight (8) focus groups (4 with consumers and 4 with businesses) in urban areas.

4.6. Conduct two in-depth interviews with Commission officials responsible for consumer and business

education and two in-depth interviews with Commission officials responsible for enforcement.

4.7 Analyse data collected in accordance with a suitable approach. With respect to this, data collected

from the consumer and business surveys need to be analysed using relevant statistical methods.

In addition, for the data collected from focus groups and in-depth interviews suitable methods

should be adopted.

4.8 Compile draft reports and integrate comments and produce a final report.

The Commission will evaluate all proposals in terms of the Preferential Procurement Policy Framework

Act. No. (PPPFA). A copy of the PPPFA regulations can be downloaded from

www.treasury.gov.za. In accordance with the PPPFA, submissions will be adjudicated on 80/20 points

system and the evaluation criteria.

Table 1.

Pre-qualification Technical Evaluation Price and Specific Goals

Criteria (Phase 1) Criteria (Phase 2) Evaluation (Phase 3)

Bidders must submit all Bidder(s) are required to Only bidder(s) who have met or

documents as outlined in achieve a minimum of 70 exceeded the threshold of 70 points

paragraph (Table 2) below. points out of 100 points to will be evaluated on price and

Only bidders that comply proceed to phase 3. specific goals.

with administrative

requirements will proceed to

phase 2.

Phase 1: administrative and mandatory compliance:

Without limiting the generality of the Commission’s other critical requirements for this Bid, bidders must

submit the documents listed in Phase 1 below. All documents must be completed and signed by the

duly authorized representative of the prospective bidders. During this phase, bidders’ responses will

be evaluated based on compliance with the listed administration and mandatory bid requirements. The

bidders’ proposals may be disqualified for non-submission of some of the documents.

Table 2

Administrative

Compliance Guideline Consequence of Non-

Documents submission of

Information:

Disqualification?

Invitation to Bid – SBD Complete, sign and submit the provided pro NO

1 forma document.

Tax status – i. Tax Compliance will be verified on the NO

Compliant Central Supplier Database (CSD).

ii. Supplier to be Tax-Compliant before an

award is made and throughout the contract

period.

CSD Supplier numbers will be used to verify

Tax Compliance.

Bidder’s Disclosure– Complete and sign the supplied pro forma YES

SBD 4 document.

Preference Point Complete and sign the supplied pro forma NO

Claim Form – SBD 6.1 document. Preference points will be verified

using the CSD, BBBEE Certificate and CIPC

documents

Registration on Complete and sign the supplied pro forma NO

Central Supplier document. Preference points will be verified

Database (CSD) using the following documents;

BBBEE Certificate or Sworn Affidavits

CIPC documents

Csd

Failure to provide the listed documents

will lead to forfeiture of specific goals

points.

Pricing Schedule – Submit full details of the pricing proposal in a YES

SBD 3 separate envelope ONLY and not as part of

the proposal. And ONLY physical pricing

proposal should be submitted; NO electronic

pricing proposal should be submitted.

Non-compliance will lead to

disqualification.

9. Functional evaluation

Bidders will be evaluated out of 100 points. A minimum score of 70 points is required to be considered

for further evaluation.

Phase 2: technical evaluation

Table 3

# Technical evaluation criterion weight

9.1 Methodology (Desktop research approach, baseline information 30

approach, sampling, data collection and analysis) proposed in line

with meeting the scope of work.

No methodology included in the proposal 0

As a minimum, the proposal should include the sampling and baseline 10

information approach as part of the research methodology

The proposal includes sampling, baseline approach and data collection as 20

part of the research methodology

The proposal includes sampling, baseline approach, data collection and 25

data analysis as part of the research methodology

The proposal includes sampling, baseline approach, data collection, data 30

analysis and desktop research as part of the research methodology

9.2 A project plan outlining activities, outputs, timeframe, milestones and 30

allocation of team members responsible for completion of the project

must be included as well. CVs and certified qualifications of team

members not older than six months should be included.

No project plan included in the proposal 0

The project plan which includes only timeframes and activities 10

The project plan which includes timeframes, activities and allocation of 20

team members

# Technical evaluation criterion weight

The project plan which includes timeframes, activities, allocation of team 25

members and outputs.

The project plan which includes timeframes, activities, allocation of team 30

members, outputs and milestones.

9.3 Experience of proposed organisation/ service provider for similar work 20

done/ conducting impact assessment. The reference letters must

contain the name of the company where the project was implemented,

a description of the project, the year the project was implemented and

the contact person with contact details.

No reference letters included in proposal. 0

1 - 2 reference letters included in the proposal 5

3 references letters included in the proposal 10

4 reference letters included in the proposal 15

5 or more reference letters included in the proposal 20

9.4 The Project Manager should have a Post graduate degree in 20

Monitoring and Evaluation coupled with a minimum of six (6) years’

experience project managing impact assessment studies. The CV

needs to clearly indicate the relevant experience. Certified copies of

the qualifications not older than 6 months need to be provided.

No years of experience 0

6 years of experience 5

7-8 years of experience 10

9-10 years of experience 15

More than 10 years of experience 20

10. 80-20 preference point evaluation criteria

In terms of regulation 6 of the Preferential Procurement Regulations pertaining to the Preferential

Procurement Policy Framework Act, 2000 (Act ), responsive bids will be adjudicated on

the 80/20-preference point system in terms of which points are awarded to bidders on the basis of:

• The bid price (maximum 80 points)
• Specific Goals (maximum 20 points)

Stage 1 - Price Evaluation (80 Points)

Criteria Points

Price Evaluation

 Pt − P min  80 1 − P min  Ps =80 

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

Stage 2 – Specific Goals Evaluation (20 Points)

Specific Goals Points allocation

A maximum of 20 points may be allocated to a bidder for attaining the specific goals in accordance

with the table below:

Specific Goals Number of Points

100% Black owned 6

51-99% Black owned 4

100% women owned 6

51% to 99% women owned 4

5% Youth Ownership 2

2% Owned by persons with disabilities 1

Exempt Micro Enterprise (EME) 5

Qualifying Small Enterprise (QSE) 3

Large Enterprise 0

Specific Goal points may be allocated to bidders on submission of the following documentation or

evidence:

• A duly completed Preference Point Claim Form: Standard Bidding Document (SBD 6.1)
• Certified B-BBEE Certificate or Sworn affidavit
• Certified CIPC documents
• CSD Report

11. General conditions of the contract

11.1 Any award made to a bidder(s) under this bid is conditional upon

The bidder(s) accepting the terms and conditions contained in the General Conditions of Contract

as the minimum terms and conditions upon which the Commission is prepared to enter into a

contract with the successful Bidder(s).

12. Counter conditions

12.1. Bidders’ attention is drawn to the fact that amendments to any of the Bid Conditions or setting of

counter conditions by bidders or qualifying any Bid conditions shall render such bids invalid.

13. Supplier due diligence

13.1. The Commission reserves the right to conduct supplier due diligence prior to final award or at

any time during the contract period. This may include site visits and requests for additional

information.

14. By participating in this bid, bidders declare the following:

14.1 That the bidder(s) will: Act honestly, fairly, and with due skill, care and diligence, in

the interests of the Commission;

i. Have and employ effectively the resources, procedures and appropriate technological

systems for the proper performance of the services;

ii. Act with circumspection and treat the Commission fairly in a situation of conflicting

interests;

iii. Comply with all applicable statutory or common law requirements applicable to the conduct

of business;

iv. Make adequate disclosures of relevant material information including disclosures of actual

or potential own interests, in relation to dealings with the Commission;

v. Avoid acting fraudulently providing misleading information in respect of advertising,

canvassing and marketing;

vi. Conduct their business activities with transparency and consistently uphold the interests

and needs of the Commission as a client before any other consideration; and

14.2 Will ensure that any information acquired by the bidder(s) from the Commission will not be used

or disclosed unless the written consent of the client has been obtained to do so.

15. Misrepresentation during the lifecycle of the contract

15.1 The bidder should note that the terms of the submitted bid will be incorporated in the proposed

contract by reference and that the Commission relies upon the bidder’s bid as a material

representation in making an award to a successful bidder, and in concluding an agreement with

the bidder. It follows therefore that misrepresentations in a bid may give rise to service termination

and a claim being instituted by the Commission against the bidder notwithstanding the conclusion

of the Service Level Agreement between the Commission and the bidder for the provision of the

Service in question. In the event of a conflict between the bidder’s proposal and the Service Level

Agreement concluded between the parties, the Service Level Agreement will prevail.

16.1 If a bidder breaches the conditions of this bid and as a result of that breach, the Commission

incurs costs or damages (including, without limitation, the cost of any investigations, procedural

impairment, repetition of all or part of the bid process and/or enforcement of intellectual property

rights or confidentiality obligations), then the bidder indemnifies the Commission from any and all

such costs which the Commission may incur and for any damages or losses the Commission may

suffer.

17. Limitation of liability

17.1 Bidders participate in this bid process entirely at their own risk and cost. The Commission shall

not be liable to compensate a bidder on any grounds whatsoever for any costs incurred or any

damages suffered as a result of the bidder’s participation in this Bid process.

18. Tender defaulters and restricted suppliers

18.1 No tender shall be awarded to a bidder whose name (or any of its members, directors, partners

or trustees) appears on the Register of Tender Defaulters kept by National Treasury, or who have

been placed on National Treasury’s List of Restricted Suppliers. The Commission reserves the

right to withdraw an award, or cancel a contract concluded with a Bidder should it be established,

at any time, that a bidder has been blacklisted with National Treasury by another government

institution.

19. Confidentiality

19.1 Except as may be required by operation of law, by a court or by a regulatory authority having

appropriate jurisdiction, no information contained in or relating to this bid or a bidder’s tender(s)

will be disclosed by any bidder or other person not officially involved with the Commission’s

examination and evaluation of a Bid.

19.2 No part of the bid may be distributed, reproduced, stored or transmitted, in any form or by any

means, electronic, photocopying, recording or otherwise, in whole or in part except for the purpose

of preparing a Bid. This bid and any other documents provided by the Commission remain

proprietary to the Commission and must be promptly returned to the Commission upon request

together with all copies, electronic versions, excerpts or summaries thereof or work derived

therefrom.

19.3 Throughout this bid process and thereafter, bidder(s) must secure the Commission’s written

approval prior to the release of any information that pertains to (i) the potential work or activities

to which this bid relates; or (ii) the process which follows this bid. Failure to adhere to this

requirement may result in disqualification from the bid process and civil action.

19.4 The appointed Service Provider will need to comply with the provisions of section 19 to 21 of

The Protection of Personal Information Act (POPIA). The appointed Service Provider shall be

required to provide sufficient and acceptable evidence of measures to ensure compliance with

Section 19 of POPIA. The successful service provider shall indemnify the Commission of

liability from and arising from failure to comply with POPIA.

20. Communication details

20.1. A nominated official of the bidder(s) can make enquiries in writing, to the specified personnel, for

technical enquiries Mr S Buckus via email [email protected] and/or 012 065 2047; for

SCM enquiries Ms. M Moropene [email protected] and/or 012 065 1994. The

delegated office of the Commission may communicate with bidder(s) where clarity is sought on

the bid proposal.

20.2 Any communication to an official or a person acting in an advisory capacity for the Commission

in respect of the bid between the closing date and the award of the bid by the bidder(s) is

discouraged, unless it is for purposes of providing clarity in respect of the legitimate questions

pertaining to the bid. The Commission reserves the right not to answer questions which it

considers to be inappropriate.

20.3 All communication between the bidder(s) and the Commission must be done in writing.

20.4 If bidder(s) finds or reasonably believes it has found any discrepancy, ambiguity, error or

inconsistency in this bid or any other information provided by the Commission (other than minor

administrative matters), the bidder(s) must promptly notify the Commission in writing of such

discrepancy, ambiguity, error or inconsistency in order to afford the Commission an opportunity

to consider what corrective action to take if necessary.

20.5 Any actual discrepancy, ambiguity, error or inconsistency in the bid or any other information

provided by the Commission shall, if possible, be corrected and be provided to all bidder(s)

without attributing such discrepancy, ambiguity, error or inconsistency to the bidder(s) who

provided the written notice of such matters.

21. Submission of proposals

21.1 All tenders must be clearly marked: “For attention: The Manager: Supply Chain Management,

with the Tender Reference number included and delivered at the reception, in the Commission’s

tender box, at the following address:

The National Consumer Commission

SABS Campus, Building C,

1 Dr. Lategan Road,

Groenkloof,

Pretoria

21.2 The bidder(s) are required to submit three (3) copies, being one (1) original and two (2)

duplicates, and one (1) electronically accessible copy. The electronic copy must be packaged

and labelled in the same manner as the physical copy.

21.3 Financial proposal in a SEPARATE AND SEALED ENVELOPE. No Electronic copy should be

submitted for the financial proposal. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL

Lead to disqualification;

21.4 Each submission must be marked correctly and sealed separately for ease of reference during

the evaluation process.

21.5 Bid documents shall only be considered when received by the Commission before the closing

date and time which is 26 June 2026 at 14:00.

1. Purpose ....................................................................................................................................... 3

2. Background ............................................................................................................................... 3

3. Reason for the need .............................................................................................................. 3

4. Scope of work .......................................................................................................................... 4

5. Methodology ............................................................................................................................ 5

6. Deliverables ............................................................................................................................ 5

7. Reporting requirements ..................................................................................................... 5

8. Evaluation criteria................................................................................................6

9. Functional evaluation ......................................................................................................... 8

10. 80-20 preference point evaluation criteria ............................................................. 10

11. General conditions of the contract ......................................................................... 11

12. Counter conditions ........................................................................................................... 11

13. Supplier due diligence ...................................................................................................... 11

14. By participating in this bid, bidders declare the following: ............................ 11

15. Misrepresentation during the lifecycle of the contract ................................ 12

16. Indemnity ................................................................................................................................ 12

17. Limitation of liability ......................................................................................................... 12

18. Tender defaulters and restricted suppliers ........................................................ 12

19. Confidentiality..................................................................................................................... 12

20. Communication details ...................................................................................................... 13

21. Submission of proposals ................................................................................................. 13

1. Purpose

1.1. The purpose of this Terms of Reference (TOR) is to invite proposals from suitable qualified service

provider to undertake an impact assessment of National Consumer Commission’s (NCC)

education (Business and consumer) and enforcement interventions spanning a five-year period

from 2019-2025.

1.2. The TOR outlines the scope, requirements, and technical considerations necessary to ensure the

2. Background

2.1. The NCC, herein referred to as the Commission, is a juristic person established in terms of section

85 of the Consumer Protection Act; No (“Act"), as an organ of the state within the public

administration but as an institution outside the public service. The Commission has been

operational since 1 April 2011. The main objective of the Commission is to, amongst other things,

promote and advance the social and economic welfare of consumers in South Africa by:

2.1.1. Establishing a legal framework for the achievement of a consumer market that is fair, accessible,

efficient, sustainable, and responsible.

2.1.2. Reducing and ameliorating any disadvantages experienced by vulnerable consumers in

accessing goods or services.

2.1.3. Promoting fair business practices & protecting consumers from improper conduct.

2.1.4. Improving consumer awareness and encouraging choice.

2.1.5. Promoting consumer confidence and empowerment.

2.1.6. Providing a consistent, accessible, and efficient system of consensual resolution of

disputes; and

2.1.7. Providing an accessible, consistent, harmonized, effective, and efficient system of redress for

consumers.

2.2 In addition, Section 3 (2c) of the Act enjoins the Commission to undertake research and propose

policies to the Minister of Trade, Industry and Competition (DTIC), including proposals for

legislative, regulatory or policy initiatives that would improve the realisation and full enjoyment of

consumer rights.

2.3 In pursuance of realising and improving consumer rights and promoting fair business practices and

protecting consumers, the Commission has put in place education and enforcement initiatives.

15.1 The bidder should note that the terms of the submitted bid will be incorporated in the proposed

contract by reference and that the Commission relies upon the bidder’s bid as a material

representation in making an award to a successful bidder, and in concluding an agreement with

the bidder. It follows therefore that misrepresentations in a bid may give rise to service termination

and a claim being instituted by the Commission against the bidder notwithstanding the conclusion

of the Service Level Agreement between the Commission and the bidder for the provision of the

Service in question. In the event of a conflict between the bidder’s proposal and the Service Level

16. Indemnity

16.1 If a bidder breaches the conditions of this bid and as a result of that breach, the Commission

incurs costs or damages (including, without limitation, the cost of any investigations, procedural

impairment, repetition of all or part of the bid process and/or enforcement of intellectual property

rights or confidentiality obligations), then the bidder indemnifies the Commission from any and all

such costs which the Commission may incur and for any damages or losses the Commission may

suffer.

19.1 Except as may be required by operation of law, by a court or by a regulatory authority having

appropriate jurisdiction, no information contained in or relating to this bid or a bidder’s tender(s)

will be disclosed by any bidder or other person not officially involved with the Commission’s

examination and evaluation of a Bid.

19.2 No part of the bid may be distributed, reproduced, stored or transmitted, in any form or by any

means, electronic, photocopying, recording or otherwise, in whole or in part except for the purpose

of preparing a Bid. This bid and any other documents provided by the Commission remain

proprietary to the Commission and must be promptly returned to the Commission upon request

together with all copies, electronic versions, excerpts or summaries thereof or work derived

therefrom.

19.3 Throughout this bid process and thereafter, bidder(s) must secure the Commission’s written

approval prior to the release of any information that pertains to (i) the potential work or activities

to which this bid relates; or (ii) the process which follows this bid. Failure to adhere to this

requirement may result in disqualification from the bid process and civil action.

19.4 The appointed Service Provider will need to comply with the provisions of section 19 to 21 of

The Protection of Personal Information Act (POPIA). The appointed Service Provider shall be

required to provide sufficient and acceptable evidence of measures to ensure compliance with

Section 19 of POPIA. The successful service provider shall indemnify the Commission of

liability from and arising from failure to comply with POPIA.

20.1. A nominated official of the bidder(s) can make enquiries in writing, to the specified personnel, for

technical enquiries Mr S Buckus via email [email protected] and/or 012 065 2047; for

SCM enquiries Ms. M Moropene [email protected] and/or 012 065 1994. The

delegated office of the Commission may communicate with bidder(s) where clarity is sought on

the bid proposal.

20.2 Any communication to an official or a person acting in an advisory capacity for the Commission

in respect of the bid between the closing date and the award of the bid by the bidder(s) is

discouraged, unless it is for purposes of providing clarity in respect of the legitimate questions

pertaining to the bid. The Commission reserves the right not to answer questions which it

considers to be inappropriate.

20.3 All communication between the bidder(s) and the Commission must be done in writing.

20.4 If bidder(s) finds or reasonably believes it has found any discrepancy, ambiguity, error or

inconsistency in this bid or any other information provided by the Commission (other than minor

administrative matters), the bidder(s) must promptly notify the Commission in writing of such

discrepancy, ambiguity, error or inconsistency in order to afford the Commission an opportunity

to consider what corrective action to take if necessary.

20.5 Any actual discrepancy, ambiguity, error or inconsistency in the bid or any other information

provided by the Commission shall, if possible, be corrected and be provided to all bidder(s)

without attributing such discrepancy, ambiguity, error or inconsistency to the bidder(s) who

provided the written notice of such matters.

period from 2019-2025 should be conducted to assist the Commission with:

3.1.1. Determining whether the consumer education interventions that were provided over the said

period made any impact on consumers regarding their understanding of their consumer rights

leading to meaningful changes in consumer behaviour;

3.1.2. Determining whether the business education interventions that were provided over the said

period made an impact in enhancing their understanding of their responsibilities and obligations

in line with the CPA.

3.1.3. Determining the impact of business compliance with the Act after enforcement measures were

taken;

3.1.4. Determining the impact of redress received by consumers once enforcement measures were

taken;

3.1.5. Establishing the efficiency of interventions, namely, to justify whether the costs (human and

financial) incurred when implementing consumer and business interventions yielded any returns

on investment; and

3.1.6. Improving education and enforcement interventions through the evidence provided by the

impact assessment. The evidence will assist in decisions regarding any future review,

adjustment or abandonment of the interventions if the intended objectives were not met.

4. Scope of work

4.1. The timeframe to complete the impact assessment will be eight (8) months. In this regard, a

comprehensive project plan for implementing the study is required. The project plan needs to

reflect the activities, outputs, milestones, timeframe and team members crucial for the

implementation of the study. The experience of the service provider coupled with the project

manager and team members are vital in terms of carrying out the scope of work fleshed out below.

4.2. A desktop review of available literature that covers best practices of impact assessments in the

public sector pertaining to enhancing the effectiveness of interventions. The review should include

approaches to undertaking impact assessments that do not possess baseline information pivotal

in measuring change.

4.3. A nationally representative consumer survey to determine the impact of consumer education

interventions on consumers disaggregated according to province, district, and demographics

(race, gender, educational level). In addition, the survey should determine the redress received by

consumers through enforcement measures. The urban-rural dimension needs to be factored in for

the demographics.

4.4. A nationally representative business survey to determine the impact of business education and

enforcement interventions disaggregated according to province, district and the urban-rural

dimension.

4.5. Conduct two focus groups each with consumers in two provinces which receive the most

complaints (Gauteng, and Western Cape).

4.5.1 Conduct two focus groups each with consumers in two provinces that do not receive many

complaints (Northern Cape and Northwest).

4.5.2 In addition, conduct two focus groups each with business in the aforementioned provinces.

Therefore, the service provider will undertake eight (8) consumer focus groups in four provinces

and eight (8) focus groups with businesses in four provinces which is sixteen (16) in total.

4.5.3 Conduct eight (8) focus groups (4 with consumers and 4 with businesses) in the identified

provinces in rural areas.

4.5.4 Conduct eight (8) focus groups (4 with consumers and 4 with businesses) in urban areas.

4.6. Conduct two in-depth interviews with Commission officials responsible for consumer and business

education and two in-depth interviews with Commission officials responsible for enforcement.

4.7 Analyse data collected in accordance with a suitable approach. With respect to this, data collected

from the consumer and business surveys need to be analysed using relevant statistical methods.

6.5 Second draft report will be presented to the Commission’s Management Committee (MANCO) for

further inputs.

6.6 Final draft report integrating comments from the first and the second drafts will be presented to the

Commission’s Executive Committee (EXCO). Inputs from EXCO should be incorporated and a final

report inclusive of findings, conclusions and recommendations should be submitted in hard and

soft copies using an appropriate channel containing the following:

6.6.1 Final report including references and appendices,

6.6.2 All transcripts and recordings from focus group discussions and key informant interviews,

6.6.3 Database of raw data from surveys interviews (Excel); and

6.6.4 Final presentation to EXCO

18.1 No tender shall be awarded to a bidder whose name (or any of its members, directors, partners

or trustees) appears on the Register of Tender Defaulters kept by National Treasury, or who have

been placed on National Treasury’s List of Restricted Suppliers. The Commission reserves the

right to withdraw an award, or cancel a contract concluded with a Bidder should it be established,

at any time, that a bidder has been blacklisted with National Treasury by another government

institution.

3.1. An impact assessment of the Commissions education and enforcement interventions has not been

undertaken. The Commission has undertaken education and enforcement interventions in

accordance with the CPA, however, the effectives of these interventions has not been determined.

5.1 The service provider should propose a methodology aligned to the scope of work (Literature review,

nationally representative consumer and business surveys, focus groups with consumer and

businesses and in-depth interviews). Furthermore, the sampling strategy should be representative

enabling generalization at province, district and relevant demographic variables.

5.2 The service provider should propose a suitable approach to determine baseline information

because at this juncture this information is negligible. Therefore, the service provider should

establish baseline information because it is crucial in determining impact.

6. Deliverables

6.1 An inception report covering how the service provider intends implementing the study, focusing on

the scope of work. In addition, the inception report should provide a detailed project plan with

deliverables and timeframes. The inception report will be presented at the first project meeting as

determined by the Commission.

6.2 Literature review as unpacked in the scope of work,

6.3 Fieldwork report detailing all the different primary research undertaken (Focus groups, surveys and

in-depth Interviews).

6.4 First draft report with recommendations on how the Commission can improve the effectiveness of

its interventions to derive meaningful change should be presented to officials within the

Commission responsible for research, education and enforcement interventions.

6.5 Second draft report will be presented to the Commission’s Management Committee (MANCO) for

further inputs.

6.6 Final draft report integrating comments from the first and the second drafts will be presented to the

Commission’s Executive Committee (EXCO). Inputs from EXCO should be incorporated and a final

report inclusive of findings, conclusions and recommendations should be submitted in hard and

soft copies using an appropriate channel containing the following:

6.6.1 Final report including references and appendices,

6.6.2 All transcripts and recordings from focus group discussions and key informant interviews,

6.6.3 Database of raw data from surveys interviews (Excel); and

6.6.4 Final presentation to EXCO

7. Reporting requirements

7.1 The Commission’s obligations are:

7.1.1 To appoint a project manager who will liaise on all matters related to the

study with the service provider;

7.1.2 To review, evaluate and approve the services provided by the service

provider against the Service Level Agreement on an ongoing basis and prior to effecting

payment;

7.1.3 To supply all reasonable, relevant, available data and information required

and requested by the Service Provider for the proper execution of the services under the

contract; and

7.1.4 To convene regular progress meetings with the service provider to provide

guidance, support and determine progress and challenges that might arise during the course

of the study.

7.2 The Service Provider’s obligations are:

7.2.1 To report progress on work assigned by the Commission;

7.2.2 To attend meetings with the Commission whenever required to do so for the purposes of

obtaining information or advice with regard to the work and assignment;

7.2.3 To exercise all reasonable skill, care and diligence in the execution of their work and to carry

out their obligations in accordance with professional standards;

7.2.4 In all professional matters, to act as an independent advisor to the Commission, respecting

the laws and customs of the country, provinces and municipalities in which any business

relating to the project is conducted; and

7.2.5 To be responsible for their own travel and accommodation and other project costs, i.e. (Any

printing of surveys)

should be adopted.

4.8 Compile draft reports and integrate comments and produce a final report.

5. Methodology

5.1 The service provider should propose a methodology aligned to the scope of work (Literature review,

nationally representative consumer and business surveys, focus groups with consumer and

businesses and in-depth interviews). Furthermore, the sampling strategy should be representative

enabling generalization at province, district and relevant demographic variables.

5.2 The service provider should propose a suitable approach to determine baseline information

because at this juncture this information is negligible. Therefore, the service provider should

establish baseline information because it is crucial in determining impact.

Bidders will be evaluated out of 100 points. A minimum score of 70 points is required to be considered

for further evaluation.

Phase 2: technical evaluation

Table 3

# Technical evaluation criterion weight

9.1 Methodology (Desktop research approach, baseline information 30

approach, sampling, data collection and analysis) proposed in line

with meeting the scope of work.

No methodology included in the proposal 0

As a minimum, the proposal should include the sampling and baseline 10

information approach as part of the research methodology

The proposal includes sampling, baseline approach and data collection as 20

part of the research methodology

The proposal includes sampling, baseline approach, data collection and 25

data analysis as part of the research methodology

The proposal includes sampling, baseline approach, data collection, data 30

analysis and desktop research as part of the research methodology

9.2 A project plan outlining activities, outputs, timeframe, milestones and 30

allocation of team members responsible for completion of the project

must be included as well. CVs and certified qualifications of team

members not older than six months should be included.

No project plan included in the proposal 0

The project plan which includes only timeframes and activities 10

The project plan which includes timeframes, activities and allocation of 20

team members

# Technical evaluation criterion weight

The project plan which includes timeframes, activities, allocation of team 25

members and outputs.

The project plan which includes timeframes, activities, allocation of team 30

members, outputs and milestones.

9.3 Experience of proposed organisation/ service provider for similar work 20

done/ conducting impact assessment. The reference letters must

contain the name of the company where the project was implemented,

a description of the project, the year the project was implemented and

the contact person with contact details.

No reference letters included in proposal. 0

1 - 2 reference letters included in the proposal 5

3 references letters included in the proposal 10

4 reference letters included in the proposal 15

5 or more reference letters included in the proposal 20

9.4 The Project Manager should have a Post graduate degree in 20

Monitoring and Evaluation coupled with a minimum of six (6) years’

experience project managing impact assessment studies. The CV

needs to clearly indicate the relevant experience. Certified copies of

the qualifications not older than 6 months need to be provided.

No years of experience 0

6 years of experience 5

7-8 years of experience 10

9-10 years of experience 15

More than 10 years of experience 20

10. 80-20 preference point evaluation criteria

In terms of regulation 6 of the Preferential Procurement Regulations pertaining to the Preferential

Procurement Policy Framework Act, 2000 (Act ), responsive bids will be adjudicated on

the 80/20-preference point system in terms of which points are awarded to bidders on the basis of:

• The bid price (maximum 80 points)
• Specific Goals (maximum 20 points)

Stage 1 - Price Evaluation (80 Points)

will lead to forfeiture of specific goals

points.

Pricing Schedule – Submit full details of the pricing proposal in a YES

SBD 3 separate envelope ONLY and not as part of

the proposal. And ONLY physical pricing

proposal should be submitted; NO electronic

pricing proposal should be submitted.

income-generating contracts)

Ce points claim form in terms of the preferential

This preference form must form part of all tenders invited. It contains general information

and serves as a claim form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

the 90/10 system for requirements with a Rand value above R50 000 000 (all

a) The applicable preference point system for this tender is the 90/10 preference point

b) The applicable preference point system for this tender is the 80/20 preference point

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender.

1.3 Points for this tender (even in the case of a tender for income-generating contracts)

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

this tender to claim points for specific goals with the tender, will be interpreted to mean

that preference points for specific goals are not claimed.

preferences, in any manner required by the organ of state.

Preference points claim form in terms of the preferential

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

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

of 5

 State Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm,

certify that the points claimed, based on the specific goals as advised in the tender,

qualifies the company/ firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown

in paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary

proof to the satisfaction of the organ of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any

of the conditions of contract have not been fulfilled, the organ of state may, in

addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered

as a result of having to make less favourable arrangements due

to such cancellation;

(d) recommend that the tenderer or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted from obtaining business from any

organ of state for a period not exceeding 10 years, after the audi

alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer(s)

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

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

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

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

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

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

of 5

provisions

in the SCC shall prevail.

Table of clauses

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information; inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

to purchase supplies of a similar quality and up to the same quantity in

16. Payment

17. Prices

18. Contract amendments

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

General Conditions of Contract

1. Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the

purchaser and the supplier, as recorded in the contract form signed by

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the

contract for the full and proper performance of his contractual

obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting

of any thing of value to influence the action of a public official in the

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise

abroad is subsidized by its government and encouraged to market its

products internationally.

1.6 “Country of origin” means the place where the goods were mined,

grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock

actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and

unloaded in the specified store or depot or on the specified site in

compliance with the conditions of the contract or order, the supplier

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods

on own initiative in the RSA at lower prices than that of the country of

origin and which have the potential to harm the local industries in the

RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and

not involving the supplier’s fault or negligence and not foreseeable.

Such events may include, but is not restricted to, acts of the purchaser

in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of any bidder, and includes collusive practice among bidders

(prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials

that the supplier is required to supply to the purchaser under the

contract.

1.16 “Imported content” means that portion of the bidding price represented

by the cost of components, parts or materials which have been or are

still to be imported (whether by the supplier or his subcontractors) and

which costs are inclusive of the costs abroad, plus freight and other

direct importation costs such as landing costs, dock dues, import duty,

sales duty or other similar tax or duty at the South African place of

entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid will be

manufactured.

1.17 “Local content” means that portion of the bidding price which is not

included in the imported content provided that local manufacture does

take place.

1.18 “Manufacture” means the production of products in a factory using

labour, materials, components and machinery and includes other

related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods

or works or the rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of

the goods, such as transportation and any other incidental services,

such as installation, commissioning, provision of technical assistance,

training, catering, gardening, security, maintenance and other such

obligations of the supplier covered under the contract.

1.25 “Written” or “in writing” means handwritten in ink or any form of

electronic or mechanical writing.

2. Application 2.1 These general conditions are applicable to all bids, contracts and orders

including bids for functional and professional services, sales, hiring,

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

2.2 Where applicable, special conditions of contract are also laid down to

cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these

general conditions, the special conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser

shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for

documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the

Government Tender Bulletin. The Government Tender Bulletin may be

obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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

bidding documents and specifications.

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

contract disclose the contract, or any provision thereof, or any specification,

documents plan, drawing, pattern, sample, or information furnished by or on

and behalf of the purchaser in connection therewith, to any person other

information; than a person employed by the supplier in the performance of the

inspection.

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent,

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause

5.1 shall remain the property of the purchaser and shall be returned (all

copies) to the purchaser on completion of the supplier’s performance

under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records

relating to the performance of the supplier and to have them audited by

auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party

claims of infringement of patent, trademark, or industrial design rights

arising from use of the goods or any part thereof by the purchaser.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the

purchaser as compensation for any loss resulting from the supplier’s

failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the

contract, or in a freely convertible currency acceptable to the purchaser

and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a

reputable bank located in the purchaser’s country or abroad,

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

returned to the supplier not later than thirty (30) days following the

date of completion of the supplier’s performance obligations under the

contract, including any warranty obligations, unless otherwise

specified in SCC.

8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.

tests and

analyses 8.2 If it is a bid condition that supplies to be produced or services to be

rendered should at any stage during production or execution or on

completion be subject to inspection, the premises of the bidder or

contractor shall be open, at all reasonable hours, for inspection by a

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3

show the supplies to be in accordance with the contract requirements,

the cost of the inspections, tests and analyses shall be defrayed by the

purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not

comply with the contract requirements, irrespective of whether such

supplies or services are accepted or not, the cost in connection with

these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and

which do not comply with the contract requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or

analyzed and may be rejected if found not to comply with the

requirements of the contract. Such rejected supplies shall be held at the

cost and risk of the supplier who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

Failing such removal the rejected supplies shall be returned at the

suppliers cost and risk. Should the supplier fail to provide the

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

purchase such supplies as may be necessary at the expense of the

supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the

purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing 9.1 The supplier shall provide such packing of the goods as is required to

prevent their damage or deterioration during transit to their final

destination, as indicated in the contract. The packing shall be

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packing, case size and weights shall

take into consideration, where appropriate, the remoteness of the

goods’ final destination and the absence of heavy handling facilities at

all points in transit.

9.2 The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

requirements, if any, specified in SCC, and in any subsequent

instructions ordered by the purchaser.

10. Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with

and documents the terms specified in the contract. The details of shipping and/or other

documents to be furnished by the supplier are specified in SCC.

10.2 Documents to be submitted by the supplier are specified in SCC.

11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely

convertible currency against loss or damage incidental to manufacture

or acquisition, transportation, storage and delivery in the manner

specified in the SCC.

12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required,

this shall be specified in the SCC.

13. Incidental 13.1 The supplier may be required to provide any or all of the following

services services, including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or

commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of

the supplied goods, for a period of time agreed by the parties,

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant

and/or on-site, in assembly, start-up, operation,

maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in

the contract price for the goods, shall be agreed upon in advance by the

parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all

of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the

supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

(ii) following such termination, furnishing at no cost to the

purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are

new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless

provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or

material is required by the purchaser’s specifications) or from any act

or omission of the supplier, that may develop under normal use of the

supplied goods in the conditions prevailing in the country of final

destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for

eighteen (18) months after the date of shipment from the port or place

of loading in the source country, whichever period concludes earlier,

unless specified otherwise in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any

claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified in SCC and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s)

within the period specified in SCC, the purchaser may proceed to take

such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

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

under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later

than thirty (30) days after submission of an invoice or claim by the

supplier.

16.4 Payment will be made in Rand unless otherwise stipulated in SCC.

17. Prices 17.1 Prices charged by the supplier for goods delivered and services

performed under the contract shall not vary from the prices quoted by

the supplier in his bid, with the exception of any price adjustments

authorized in SCC or in the purchaser’s request for bid validity

extension, as the case may be.

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

amendments made except by written amendment signed by the parties concerned.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to

perform under the contract, except with the purchaser’s prior written

consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all subcontracts

awarded under this contracts if not already specified in the bid. Such

notification, in the original bid or later, shall not relieve the supplier

from any liability or obligation under the contract.

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

supplier’s the supplier in accordance with the time schedule prescribed by the

performance purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its

subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly

notify the purchaser in writing of the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the

supplier’s notice, the purchaser shall evaluate the situation and may at

his discretion extend the supplier’s time for performance, with or

without the imposition of penalties, in which case the extension shall

be ratified by the parties by amendment of contract.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of

supplies or services from a national department, provincial department,

or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities

or to have minor essential services executed if an emergency arises, the

supplier’s point of supply is not situated at or near the place where the

supplies are required, or the supplier’s services are not readily

available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in

the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22,

unless an extension of time is agreed upon pursuant to GCC Clause

21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies

contract, the purchaser shall, without canceling the contract, be entitled

to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract

and to return any goods delivered later at the supplier’s expense and

risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be

entitled to claim damages from the supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of

the goods or to perform the services within the period(s) specified in

the contract, the purchaser shall, without prejudice to its other remedies

under the contract, deduct from the contract price, as a penalty, a sum

calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also

consider termination of the contract pursuant to GCC Clause 23.

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

for default contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within

the period(s) specified in the contract, or within any

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

(b) if the Supplier fails to perform any other obligation(s) under

the contract; or

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

engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part,

the purchaser may procure, upon such terms and in such manner as it

deems appropriate, goods, works or services similar to those undelivered,

and the supplier shall be liable to the purchaser for any excess costs for

such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the

purchaser may decide to impose a restriction penalty on the supplier by

prohibiting such supplier from doing business with the public sector for a

period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any

person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the

envisaged restriction should not be imposed. Should the supplier fail to

respond within the stipulated fourteen (14) days the purchaser may regard

the intended penalty as not objected against and may impose it on the

supplier.

23.5 Any restriction imposed on any person by the Accounting Officer /

Authority will, at the discretion of the Accounting Officer / Authority,

also be applicable to any other enterprise or any partner, manager,

director or other person who wholly or partly exercises or exercised or

may exercise control over the enterprise of the first-mentioned person,

and with which enterprise or person the first-mentioned person, is or was

in the opinion of the Accounting Officer / Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working

days of such imposition, furnish the National Treasury, with the

following information:

(i) the name and address of the supplier and / or person restricted by the

purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

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

of suppliers or persons prohibited from doing business with the public

sector.

23.7 If a court of law convicts a person of an offence as contemplated in

sections 12 or 13 of the Prevention and Combating of Corrupt Activities

Act, No. , the court may also rule that such person’s name be

endorsed on the Register for Tender Defaulters. When a person’s name

has been endorsed on the Register, the person will be prohibited from

doing business with the public sector for a period not less than five years

and not more than 10 years. The National Treasury is empowered to

determine the period of restriction and each case will be dealt with on its

own merits. According to section 32 of the Act the Register must be

open to the public. The Register can be perused on the National Treasury

website.

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are required, or antiand countervailing dumping or countervailing duties are imposed, or the amount of a

duties and rights provisional payment or anti-dumping or countervailing right is

increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of

any such increase. When, after the said date, such a provisional

payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the contractor to the

State or the State may deduct such amounts from moneys (if any)

which may otherwise be due to the contractor in regard to supplies or

services which he delivered or rendered, or is to deliver or render in

terms of the contract or any other contract or any other amount which

may be due to him

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

Majeure supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify

the purchaser in writing of such condition and the cause thereof.

Unless otherwise directed by the purchaser in writing, the supplier

shall continue to perform its obligations under the contract as far as is

reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

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

for insolvency notice to the supplier if the supplier becomes bankrupt or otherwise

insolvent. In this event, termination will be without compensation to

the supplier, provided that such termination will not prejudice or affect

any right of action or remedy which has accrued or will accrue

thereafter to the purchaser.

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

Disputes purchaser and the supplier in connection with or arising out of the

contract, the parties shall make every effort to resolve amicably such

dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute

or difference by such mutual consultation, then either the purchaser or

the supplier may give notice to the other party of his intention to

commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

(a) the parties shall continue to perform their respective obligations

under the contract unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier.

28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and in

liability

the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential loss

or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any

obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the total

contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

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

language documents pertaining to the contract that is exchanged by the parties

shall also be written in English.

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

law laws, unless otherwise specified in SCC.

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

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

duties duties, license fees, and other such levies imposed outside the

purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties,

license fees, etc., incurred until delivery of the contracted goods to

the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are

not in order. Prior to the award of a bid the Department must be in

possession of a tax clearance certificate, submitted by the bidder.

This certificate must be an original issued by the South African

Revenue Services.

33. National 33.1 The NIP Programme administered by the Department of Trade and

Industrial Industry shall be applicable to all contracts that are subject to the

Participation (NIP) NIP obligation.

Programme

General Conditions of Contract (revised February 2008)

1.12 ”Force majeure” means an event beyond the control of the supplier and

not involving the supplier’s fault or negligence and not foreseeable.

obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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

bidding documents and specifications.

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

contract disclose the contract, or any provision thereof, or any specification,

documents plan, drawing, pattern, sample, or information furnished by or on

and behalf of the purchaser in connection therewith, to any person other

information; than a person employed by the supplier in the performance of the

inspection.

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent,

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause

5.1 shall remain the property of the purchaser and shall be returned (all

copies) to the purchaser on completion of the supplier’s performance

under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records

relating to the performance of the supplier and to have them audited by

auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party

claims of infringement of patent, trademark, or industrial design rights

arising from use of the goods or any part thereof by the purchaser.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the

purchaser as compensation for any loss resulting from the supplier’s

failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the

contract, or in a freely convertible currency acceptable to the purchaser

and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a

reputable bank located in the purchaser’s country or abroad,

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

returned to the supplier not later than thirty (30) days following the

date of completion of the supplier’s performance obligations under the

contract, including any warranty obligations, unless otherwise

specified in SCC.

8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.

tests and

analyses 8.2 If it is a bid condition that supplies to be produced or services to be

rendered should at any stage during production or execution or on

completion be subject to inspection, the premises of the bidder or

contractor shall be open, at all reasonable hours, for inspection by a

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3

show the supplies to be in accordance with the contract requirements,

the cost of the inspections, tests and analyses shall be defrayed by the

purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not

comply with the contract requirements, irrespective of whether such

supplies or services are accepted or not, the cost in connection with

these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and

which do not comply with the contract requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or

analyzed and may be rejected if found not to comply with the

requirements of the contract. Such rejected supplies shall be held at the

cost and risk of the supplier who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

suppliers cost and risk. Should the supplier fail to provide the

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

purchase such supplies as may be necessary at the expense of the

supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the

purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing 9.1 The supplier shall provide such packing of the goods as is required to

prevent their damage or deterioration during transit to their final

destination, as indicated in the contract. The packing shall be

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packing, case size and weights shall

take into consideration, where appropriate, the remoteness of the

goods’ final destination and the absence of heavy handling facilities at

all points in transit.

9.2 The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

requirements, if any, specified in SCC, and in any subsequent

instructions ordered by the purchaser.

10. Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with

and documents the terms specified in the contract. The details of shipping and/or other

documents to be furnished by the supplier are specified in SCC.

10.2 Documents to be submitted by the supplier are specified in SCC.

11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely

convertible currency against loss or damage incidental to manufacture

or acquisition, transportation, storage and delivery in the manner

specified in the SCC.

12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required,

this shall be specified in the SCC.

13. Incidental 13.1 The supplier may be required to provide any or all of the following

services services, including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or

commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of

the supplied goods, for a period of time agreed by the parties,

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant

and/or on-site, in assembly, start-up, operation,

maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in

the contract price for the goods, shall be agreed upon in advance by the

parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all

of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the

supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

(ii) following such termination, furnishing at no cost to the

purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are

new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless

provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or

material is required by the purchaser’s specifications) or from any act

or omission of the supplier, that may develop under normal use of the

supplied goods in the conditions prevailing in the country of final

destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for

eighteen (18) months after the date of shipment from the port or place

of loading in the source country, whichever period concludes earlier,

unless specified otherwise in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any

claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified in SCC and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s)

within the period specified in SCC, the purchaser may proceed to take

such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

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

under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later

than thirty (30) days after submission of an invoice or claim by the

supplier.

16.4 Payment will be made in Rand unless otherwise stipulated in SCC.

17. Prices 17.1 Prices charged by the supplier for goods delivered and services

performed under the contract shall not vary from the prices quoted by

the supplier in his bid, with the exception of any price adjustments

authorized in SCC or in the purchaser’s request for bid validity

extension, as the case may be.

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

amendments made except by written amendment signed by the parties concerned.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to

perform under the contract, except with the purchaser’s prior written

consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all subcontracts

awarded under this contracts if not already specified in the bid. Such

notification, in the original bid or later, shall not relieve the supplier

from any liability or obligation under the contract.

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

supplier’s the supplier in accordance with the time schedule prescribed by the

performance purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its

subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly

notify the purchaser in writing of the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the

supplier’s notice, the purchaser shall evaluate the situation and may at

his discretion extend the supplier’s time for performance, with or

without the imposition of penalties, in which case the extension shall

be ratified by the parties by amendment of contract.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of

supplies or services from a national department, provincial department,

or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities

or to have minor essential services executed if an emergency arises, the

supplier’s point of supply is not situated at or near the place where the

supplies are required, or the supplier’s services are not readily

available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in

the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22,

unless an extension of time is agreed upon pursuant to GCC Clause

21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies

contract, the purchaser shall, without canceling the contract, be entitled

to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract

and to return any goods delivered later at the supplier’s expense and

risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be

entitled to claim damages from the supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of

the goods or to perform the services within the period(s) specified in

the contract, the purchaser shall, without prejudice to its other remedies

under the contract, deduct from the contract price, as a penalty, a sum

calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also

consider termination of the contract pursuant to GCC Clause 23.

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

for default contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within

the period(s) specified in the contract, or within any

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

(b) if the Supplier fails to perform any other obligation(s) under

the contract; or

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

engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part,

the purchaser may procure, upon such terms and in such manner as it

deems appropriate, goods, works or services similar to those undelivered,

and the supplier shall be liable to the purchaser for any excess costs for

such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the

purchaser may decide to impose a restriction penalty on the supplier by

prohibiting such supplier from doing business with the public sector for a

period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any

person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the

envisaged restriction should not be imposed. Should the supplier fail to

respond within the stipulated fourteen (14) days the purchaser may regard

the intended penalty as not objected against and may impose it on the

supplier.

23.5 Any restriction imposed on any person by the Accounting Officer /

damages, or termination for default if and to the extent that his delay in

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify

the purchaser in writing of such condition and the cause thereof.

shall continue to perform its obligations under the contract as far as is

reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

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

for insolvency notice to the supplier if the supplier becomes bankrupt or otherwise

insolvent. In this event, termination will be without compensation to

the supplier, provided that such termination will not prejudice or affect

any right of action or remedy which has accrued or will accrue

thereafter to the purchaser.

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

contract, the parties shall make every effort to resolve amicably such

dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute

or difference by such mutual consultation, then either the purchaser or

the supplier may give notice to the other party of his intention to

commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

(a) the parties shall continue to perform their respective obligations

under the contract unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier.

28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and in

liability

the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential loss

or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any

obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the total

contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

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

language documents pertaining to the contract that is exchanged by the parties

shall also be written in English.

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

law laws, unless otherwise specified in SCC.

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

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

duties duties, license fees, and other such levies imposed outside the

purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties,

license fees, etc., incurred until delivery of the contracted goods to

the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are

not in order. Prior to the award of a bid the Department must be in

possession of a tax clearance certificate, submitted by the bidder.

5. Use of contract documents and information; inspection

1. Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the

purchaser and the supplier, as recorded in the contract form signed by

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the

contract for the full and proper performance of his contractual

obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting

of any thing of value to influence the action of a public official in the

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise

abroad is subsidized by its government and encouraged to market its

products internationally.

1.6 “Country of origin” means the place where the goods were mined,

grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock

actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and

unloaded in the specified store or depot or on the specified site in

compliance with the conditions of the contract or order, the supplier

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods

on own initiative in the RSA at lower prices than that of the country of

origin and which have the potential to harm the local industries in the

in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of any bidder, and includes collusive practice among bidders

(prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials

that the supplier is required to supply to the purchaser under the

contract.

1.16 “Imported content” means that portion of the bidding price represented

by the cost of components, parts or materials which have been or are

still to be imported (whether by the supplier or his subcontractors) and

which costs are inclusive of the costs abroad, plus freight and other

direct importation costs such as landing costs, dock dues, import duty,

sales duty or other similar tax or duty at the South African place of

entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid will be

manufactured.

1.17 “Local content” means that portion of the bidding price which is not

included in the imported content provided that local manufacture does

take place.

1.18 “Manufacture” means the production of products in a factory using

labour, materials, components and machinery and includes other

related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods

or works or the rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of

the goods, such as transportation and any other incidental services,

such as installation, commissioning, provision of technical assistance,

training, catering, gardening, security, maintenance and other such

obligations of the supplier covered under the contract.

1.25 “Written” or “in writing” means handwritten in ink or any form of

electronic or mechanical writing.

2. Application 2.1 These general conditions are applicable to all bids, contracts and orders

including bids for functional and professional services, sales, hiring,

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

2.2 Where applicable, special conditions of contract are also laid down to

cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these

general conditions, the special conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser

shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for

documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the

also be applicable to any other enterprise or any partner, manager,

director or other person who wholly or partly exercises or exercised or

may exercise control over the enterprise of the first-mentioned person,

and with which enterprise or person the first-mentioned person, is or was

in the opinion of the Accounting Officer / Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working

days of such imposition, furnish the National Treasury, with the

following information:

(i) the name and address of the supplier and / or person restricted by the

purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

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

of suppliers or persons prohibited from doing business with the public

sector.

23.7 If a court of law convicts a person of an offence as contemplated in

sections 12 or 13 of the Prevention and Combating of Corrupt Activities

Act, No. , the court may also rule that such person’s name be

endorsed on the Register for Tender Defaulters. When a person’s name

has been endorsed on the Register, the person will be prohibited from

doing business with the public sector for a period not less than five years

and not more than 10 years. The National Treasury is empowered to

determine the period of restriction and each case will be dealt with on its

own merits. According to section 32 of the Act the Register must be

open to the public. The Register can be perused on the National Treasury

website.

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are required, or antiand countervailing dumping or countervailing duties are imposed, or the amount of a

duties and rights provisional payment or anti-dumping or countervailing right is

increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of

any such increase. When, after the said date, such a provisional

payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the contractor to the

State or the State may deduct such amounts from moneys (if any)

which may otherwise be due to the contractor in regard to supplies or

services which he delivered or rendered, or is to deliver or render in

terms of the contract or any other contract or any other amount which

may be due to him

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

Supply chain management system should

This declaration prove to be false.

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

Signature Date

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

Position Name of bidder

agreements or arrangements with any competitor regarding the quality,

Appointment of a service provider to undertake an impact assessment for the national consumer

Commission’s education (business and consumer) and enforcement interventions covering a five-year

Description period.

Bid response documents must be deposited in the tender box at:

National Consumer Commission

SABS Campus, Building C,

1 Dr. Lategan Road

Groenkloof,