Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Documents available on tender detail page
Tender Type
Request for Proposal
Delivery Location
1 Dr. Lategan Road - Groenkloof - Pretoria - 0027
Organization Type
GOVERNMENT
Published
27 Aug 2026
OCDS Reference
ocds-9t57fa-167201
Date & Time
Tuesday, 08 September 2026 - 13:00
Continue with tenders sharing this issuer, category, or province.
Return to this tender’s issuing organisation, province, or category.
Continue with tenders sharing this issuer, category, or province.
Venue
null
Bidders are advised to submit course content for the training.
Categories
Request for Proposal
1 Dr. Lategan Road - Groenkloof - Pretoria - 0027
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AI Document Analysis Stages
Contact Information
Source: Terms of Reference for Business Continuity Training (002) (005) (002).pdf (unknown)27 Aug
2026
Tender Published
Tender was published
08 Sept
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
SBD 6.1 IN TERMS OF PPR2022 (1).pdf
The National Consumer Commission in Gauteng invites quotations and proposals for Business Continuity Management Training. The tender uses an 80/20 preference point system with 80 points for price and 20 points for specific goals including B-BBEE ownership, youth, disability, and enterprise size. The closing date is 8 September 2026 at 13:00 UTC.
Standard Bidding Document (SDB) 4.pdf
The National Consumer Commission in Gauteng invites quotations and proposals for Business Continuity Management Training. The closing date for submissions is 8 September 2026 at 13:00 UTC.
SBD 3.1.pdf
The National Consumer Commission in Gauteng invites quotations and proposals for Business Continuity Management Training. The bid closes on 8 September 2026 at 13:00, and offers must remain valid for 60 days from the closing date.
general conditions of contract.pdf
The National Consumer Commission in Gauteng invites quotations and proposals for Business Continuity Management Training. The tender is governed by the General Conditions of Contract (revised February 2008) which form part of all bid documents and may not be amended.
Terms of Reference for Business Continuity Training (002) (005) (002).pdf
The National Consumer Commission (NCC) in Gauteng invites quotations and proposals for a five-day Lead Implementer Business Continuity Management (BCM) training programme aligned to ISO 22301:2019. The training targets 11 participants (Heads of Divisions, Senior Managers, Managers, and Administrators) and must be delivered physically at NCC premises, culminating in a formal assessment for Lead Implementer qualification and certificates of attendance.
SBD 1.pdf
The National Consumer Commission invites quotations and proposals for Business Continuity Management Training. Bids must be submitted electronically to [email protected] by 08 September 2026 at 13h00.
To download these documents and access AI-powered analysis, visit the main tender page.
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Median Estimate
R 33 168
Range
Based on 11 comparable awarded tenders. Companies with similar profiles typically bid near the median.
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{"name":null,"email":null,"phone":null,"department":"s; and","address":null}
Evaluation Criteria
Source: Terms of Reference for Business Continuity Training (002) (005) (002).pdf (unknown)Bidder must be registered on Central Supplier Database (CSD). Tax compliance verified via CSD; must be tax-compliant before award and throughout contract. Mandatory forms: SBD 1 (Invitation to Bid), SBD 4 (Bidder's Disclosure - disqualification if not submitted), SBD 6.1 (Preference Points Claim), Pricing Schedule (SBD 3.2/3.3 equivalent). Facilitator must hold active accreditation/membership with PECB or BCI; NQF Level 7 degree in Risk Management/Business Administration/ICT/Finance/Auditing/Governance or related; ISO 22301 Lead Implementer professional certification (certified within 6 months of closing). Facilitator CV demonstrating 5+ years' BCM training facilitation experience. Company profile and CIPC documents showing 2+ years' experience providing similar training (5+ years for maximum points). Minimum 70/100 functionality score required. Specific Goals points require certified B-BBEE certificate/sworn affidavit, CIPC documents, CSD report.
Technical Specifications
Source: Terms of Reference for Business Continuity Training (002) (005) (002).pdf (unknown)Bidders are hereby invited to submit quotation and proposals for
Business continuity management training
REF NO: nccq101
Bidders are hereby invited to submit quotation and proposals for business continuity management training
The National Consumer Commission (NCC) seeks to appoint a suitably qualified and
experienced service provider to facilitate a five-day Lead Implementer Business Continuity
Management (BCM) training programme aligned to ISO 22301: Business Continuity
Management Systems and international best practices.
The purpose of the training is to strengthen organisational resilience and build internal capacity
to develop, implement, maintain and continuously improve the NCC's Business Continuity
Management System (BCMS). The training must provide participants with practical knowledge
and tools to conduct Business Impact Analyses (BIA), Threat and Risk Assessments, develop
Business Continuity Strategies, prepare Business Continuity Plans (BCPs), conduct testing,
ensure continuos improvements as well as audit readiness.
The training is targeted at Heads of Divisions, Senior Managers, Managers and Administrators
who are responsible for implemnattion of BCMS within the NCC.
The potential service provider will train eleven (11) participants. The training should be
physical, at the NCC’s premises, covering the scope and expected outcomes indicated below
as a minimum, with the final day dedicated to assessment of the participants.
On the final day of training, a formal assessment/examination which will enable the
participants to qualify as Lead Implementeres must be conducted. Certificates of attendance
must also be issued. It is the responsibility of the training provider to ensure that training
materials are made available to the participants.
The dates of the training will be confirmed with the successful bidder.
The appointed service provider shall deliver a practical and interactive training programme
that will enable participants to:
Continuity Management (BCM);
institutions;
Bidders are hereby invited to submit quotation and proposals for business continuity management training
programme;
BCM Commitees and governance;
Develop terms of Reference for BCM Committees;
Conduct Business Impact Analysis and identify critical business processes;
Conduct Business continuity risk analysis (threat risk assessment) and design
mitigating strategies;
Determine Recovery Time Objectives and Maximum Tolerable Periods of Disruption;
Develop business continuity and recovery strategies;
Develop Business Continuity Plans (BCPs) and incident response procedures;
Understand crisis management, emergency response and disaster recovery concepts;
Design and facilitate BCM testing programmes;
Monitor, review and continuously improve the BCMS;
Prepare the team to empower other NCC officials to lead BCM initiatives within their
respective business units; and
Experience & Qualifications
Source: Terms of Reference for Business Continuity Training (002) (005) (002).pdfThe National Consumer Commission (NCC) seeks to appoint a suitably qualified and
experienced service provider to facilitate a five-day Lead Implementer Business Continuity
Management (BCM) training programme aligned to ISO 22301: Business Continuity
NB: Qualifications and ceritications must be certified within 6 months of the
closing date.
Stage 3: Technical Requirements
Bidders must score a minimum of 70 points to be evaluated further:
The experience of the bidder 40
points
Experience of the Facilitator 40
The Lead Facilitator must have a minimum of five (5) years’ experience
in facilitating and coordinating training.
points
points
points
Company profile indicating the number of years the bidder has 20
been providing similar training.
allocation:
points
points
points
points
points
Total 100
Compliance Requirements
Source: Terms of Reference for Business Continuity Training (002) (005) (002).pdf (unknown)Guideline Consequence of NonDocuments submission of Information: Disqualification? Invitation to Bid – SBD 1 Complete, sign and submit the provided pro NO forma document. Tax status – Compliant i. Tax Compliance will be verified on the NO Central Supplier Database (CSD). ii. Supplier to be Tax-Compliant before an award is made and throughout the contract period. Bidder’s Disclosure– Complete and sign the supplied pro forma YES SBD 4 document. BIDDERS ARE HEREBY INVITED TO SUBMIT QUOTATION AND PROPOSALS FOR BUSINESS CONTINUITY MANAGEMENT TRAINING Preference Point Claim Complete and sign the supplied pro forma NO Form – SBD 6.1 document. Preference points will be verified using the following documents; Certified BBBEE Certificate or Sworn Affidavits Certified CIPC documents CSD Registration on Central FTheil Service Providerid h mustli dbed registered asill NO Supplier Database a service provider on the Central Supplier (CSD) Database (CSD). If not registered, the service provider must visit https://secure.csd.gov.za/ to register on the CSD. An award will not be made to any bidder who is not registered on the CSD. Pricing Schedule – SBD Submit full details of the pricing proposal. YES Stage 2: Mandatory requirements
The individual that will provide training must be accredited or have membership of a recognized professional body such as Professional Evaluation and Certification Board (PECB) or Business Continuity Institute (BCI). Failure to provide valid and active membership or accreditation will lead to disqualification.
The Facilitator must have a minimum of a degree (NQF7) qualification in Risk Management/ Business Administration/ICT/Finance/ Auditing/ Governance or any other related qualification.
A professional certicate by the Facilitator in ISO 22301, specifically Lead Implementor. Failure to provide evidence will result in disqualification. BIDDERS ARE HEREBY INVITED TO SUBMIT QUOTATION AND PROPOSALS FOR BUSINESS CONTINUITY MANAGEMENT TRAINING NB: Qualifications and ceritications must be certified within 6 months of the closing date. Stage 3: Technical Requirements Bidders must score a minimum of 70 points to be evaluated further: Functionality Weight The experience of the bidder 40 Bidders must submit reference letters from organizations where they have delivered Business Continuity Management training or consultancy in the past five years. Each reference letter must include the following details
Name of the company/institution;
Contact person;
Contact details;
Date the training was provided;
Brief description of the training provided. Points allocation
Submission of eight and more valid reference letters = 40 points
Seven valid reference letters = 35 points
Six valid reference letters = 30 points
Five valid reference letters = 25 points
Four valid reference letters = 20 points
Three valid reference letters = 15 points
Two valid reference letters = 10 points
One valid reference letter = 5 points
No reference letter = 0 points Experience of the Facilitator 40 The Lead Facilitator must have a minimum of five (5) years’ experience in facilitating and coordinating training. BIDDERS ARE HEREBY INVITED TO SUBMIT QUOTATION AND PROPOSALS FOR BUSINESS CONTINUITY MANAGEMENT TRAINING Functionality Weight As evidence of experience the bidder should provide up to date CV of allocated Lead Facilitator. Points allocation
Over 8 years of relevant experience = 40 points
Over 7 years but less than 8 years of relevant experience = 30 points
Over 6 years but less than 7 years of relevant experience = 20 points
5 years relevant experience = 10 points
No CV submitted, and/or irrelevant experience provided = 0 points Company profile indicating the number of years the bidder has 20 been providing similar training. Provide a detailed company profile and CIPC documents Points allocation
5 or more years’ experience providing similar training = 20 points
4 to less than 5 years’ experience providing similar training = 15 points
3 to less than 4 years’ experience providing similar training = 10 points
2 to less than 3 years’ experience providing similar training = 5 points
Less than 2 years’ experience providing similar training = 0 points TOTAL 100 BIDDERS ARE HEREBY INVITED TO SUBMIT QUOTATION AND PROPOSALS FOR BUSINESS CONTINUITY MANAGEMENT TRAINING Stage 4 - Price Evaluation (80 Points) The following formula will be used to calculate the points for price: 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 4 – 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 Points for Specific Goals 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 BBBEE certificate or sworn affidavit
Points Allocation: 20 points
B-BBEE Details: ovided pro NO
forma document.
Tax status – Compliant i. Tax Compliance will be verified on the NO
Central Supplier Database (CSD).
ii. Supplier to be Tax-Compliant before an
award is made and throughout the
contract period.
Bidder’s Disclosure– Complete and sign the supplied pro forma YES
SBD 4 document.
Bidders are hereby invited to submit quotation and proposals for business continuity management training
Preference Point Claim Complete and sign the supplied pro forma NO
Form – SBD 6.1 document. Preference points will be verified
using the following documents;
Certified BBBEE Certificate or Sworn
Affidavits
Certified CIPC documents
Csd
Registration on Central FTheil Service Providerid h mustli dbed registered asill NO
Supplier Database a service provider on the Central Supplier
(CSD) Database (CSD). If not registered, the
service provider must visit
https://secure.csd.gov.za/ to register on the
CSD. An award will not be made to any
bidder who is not registered on the CSD.
Pricing Schedule – SBD Submit full details of the pricing proposal. YES
Stage 2: Mandatory requirements
recognized professional body such as Professional Evaluation and Certification
Board (PECB) or Business Continuity Institute (BCI). Failure to provide valid
and active membership or accreditation will lead to disqualification.
Management/ Business Administration/ICT/Finance/ Auditing/ Governance or any
other related qualification.
Implementor. Failure to provide evidence will result in disqualification.
Contractual Terms
Source: Terms of Reference for Business Continuity Training (002) (005) (002).pdfPayment will be made upon submission of invoice(s), accompanied with an itemised statement
of account, covering all services rendered. Such payment will be affected within thirty (30)
days from date of receipt of undisputed invoice.
Section
Source: Terms of Reference for Business Continuity Training (002) (005) (002).pdfStage 1: SCM Document Administration Requirements
Administrative
Description
Source: SBD 3.1.pdfNO. applicable
Taxes included)
VAT
Total
.......................................
*Delivery: Firm/not firm
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance
Important Dates
Source: SBD 3.1.pdf (TENDER){"closingDate":"08 September 2026","closingTime":"13h00"}
Evaluation Criteria
Source: SBD 3.1.pdf (TENDER)No eligibility criteria specified
Technical Specifications
Source: SBD 3.1.pdf (TENDER)NO. applicable
Taxes included)
VAT
Total
.......................................
*Delivery: Firm/not firm
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance
Compliance Requirements
Source: SBD 3.1.pdf (TENDER)Pricing schedule – firm prices
Separate pricing schedule must be submitted for each delivery
Contractual Terms
Source: SBD 3.1.pdfRequired by: ........................................
At: ........................................
.......................................
Brand and model ........................................
Country of origin ........................................
Does the offer comply with the specification(s)? *YES/NO
If not to specification, indicate deviation(s) ........................................
Period required for delivery ........................................
*Delivery: Firm/not firm
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies.
*Delete if not applicable
Evaluation Criteria
Source: general conditions of contract.pdf (TENDER)Bidders must be registered on the Central Supplier Database (CSD). A valid tax clearance certificate issued by SARS must be submitted prior to award. Bidders must comply with B-BBEE requirements as per the Preferential Procurement Policy Framework Act. No contract will be concluded with any bidder whose tax matters are not in order. The NIP Programme administered by the Department of Trade and Industry applies to contracts subject to NIP obligation.
Technical Specifications
Source: general conditions of contract.pdf (TENDER)provisions
in the SCC shall prevail.
Table of clauses
Compliance Requirements
Source: general conditions of contract.pdf (TENDER)No specific requirements found
Contractual Terms
Source: general conditions of contract.pdfGeneral Conditions of Contract
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.
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.
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
bidding documents and specifications.
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.
claims of infringement of patent, trademark, or industrial design rights
arising from use of the goods or any part thereof by the purchaser.
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.
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.
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.
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.
convertible currency against loss or damage incidental to manufacture
or acquisition, transportation, storage and delivery in the manner
specified in the SCC.
this shall be specified in the SCC.
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.
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.
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.
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.
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.
amendments made except by written amendment signed by the parties concerned.
perform under the contract, except with the purchaser’s prior written
consent.
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.
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.
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.
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.
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
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.
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.
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.
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.
language documents pertaining to the contract that is exchanged by the parties
shall also be written in English.
law laws, unless otherwise specified in SCC.
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.
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.
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
bidding documents and specifications.
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.
claims of infringement of patent, trademark, or industrial design rights
arising from use of the goods or any part thereof by the purchaser.
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.
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.
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.
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.
convertible currency against loss or damage incidental to manufacture
or acquisition, transportation, storage and delivery in the manner
specified in the SCC.
this shall be specified in the SCC.
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.
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.
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.
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.
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.
amendments made except by written amendment signed by the parties concerned.
perform under the contract, except with the purchaser’s prior written
consent.
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.
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.
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.
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.
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.
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.
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.
language documents pertaining to the contract that is exchanged by the parties
shall also be written in English.
law laws, unless otherwise specified in SCC.
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.
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.
Description
Source: SBD 1.pdfRequirements of the national consumer commission
Contact Information
Source: SBD 1.pdf (TENDER){"name":"Mr. Daniel Modiba CONTACT PERSON","email":"[email protected]","phone":"012 065 1995","department":null,"address":"NTACT PERSON Ms. Marooi Lebajoa"}
Evaluation Criteria
Source: SBD 1.pdf (TENDER)Bidder must be registered on the Central Supplier Database (CSD) and tax compliant (provide SARS TCS pin or CSD number). No bids accepted from persons in the service of the state, companies with directors in state service, or close corporations with members in state service. B-BBEE status level verification certificate or sworn affidavit required to claim preference points. Accredited representatives in South Africa must enclose proof. Foreign suppliers must disclose RSA residency, branch, permanent establishment, income source, and tax liability status.
Technical Specifications
Source: SBD 1.pdf (TENDER)Requirements of the national consumer commission
Compliance Requirements
Source: SBD 1.pdf (TENDER)Yes No Yes No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS] ARE YOU THE ACCREDITED ARE YOU A FOREIGN BASED REPRESENTATIVE IN Yes No SUPPLIER FOR THE GOODSSOUTH AFRICA FOR Yes No /SERVICES /WORKS OFFERED? THE GOODS [IF YES, ANSWER THE /SERVICES /WORKS [IF YES ENCLOSE PROOF] QUESTIONNAIRE BELOW ] OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SBD1 SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW. PART B TERMS AND CONDITIONS FOR BIDDING
Bid submission: 1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for consideration. 1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or in the manner prescribed in the bid document. 1.3. This bid is subject to the preferential procurement policy framework act, 2000 and the preferential procurement regulations, 2022, the general conditions of contract (gcc) and, if applicable, any other special conditions of contract. 1.4. The successful bidder will be required to fill in and sign a written contract form (sbd7).
TAX COMPLIANCE REQUIREMENTS 2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.” NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted e.g. company resolution) DATE: ...................................................
B-BBEE Details: G PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Mr. Daniel Modiba CONTACT PERSON Ms. Marooi Lebajoa
Telephone number 012 065 1995 telephone number 012 065 2044
Facsimile number facsimile number
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]
Supplier information
Name of bidder
Postal address
Street address
Telephone number code number
Cellphone number
Facsimile number code number
E-mail address
VAT registration
Number
Supplier tax central
Compliance compliance supplier
Orstatus system pin: database
No: MAAA
B-bbee status tick applicable box] b-bbee status level sworn [tick applicable box]
Level verification affidavit
Certificate
Yes No Yes No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN
Order to qualify for preference points]
Are you the
Accredited
Are you a foreign based
REPRESENTATIVE IN Yes No
SUPPLIER FOR THE GOODSSOUTH AFRICA FOR Yes No
/Services /works offered?
The goods [if yes, answer the
/Services /works [if yes enclose proof] questionnaire below ]
Offered?
Questionnaire to bidding foreign suppliers
Is the entity a resident of the republic of south africa (RSA)? yes NO
Does the entity have a branch in the RSA? yes NO
Does the entity have a permanent establishment in the RSA? yes NO
Does the entity have any source of income in the RSA? yes NO
Is the entity liable in the RSA for any form of taxation? Yes NO
If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax compliance status
Sbd1
System pin code from the south african revenue service (SARS) and if not register as per 2.3 Below.
Part b
Terms and conditions for bidding
1.1. Bids must be deliv
Contact Information
Source: SBD 6.1 IN TERMS OF PPR2022 (1).pdf (TENDER){"name":null,"email":null,"phone":null,"department":null,"address":".........................................................."}
Evaluation Criteria
Source: SBD 6.1 IN TERMS OF PPR2022 (1).pdf (TENDER)Bidders must be registered on the Central Supplier Database (CSD) and have valid tax compliance status. They must meet the specific goals criteria to claim preference points: Black ownership, women ownership, youth ownership, disability ownership, or enterprise size (EME, QSE, Large Enterprise). Documentary proof of claims must be available for verification. Failure to submit required proof means preference points for specific goals are not claimed.
Technical Specifications
Source: SBD 6.1 IN TERMS OF PPR2022 (1).pdf (TENDER)income-generating contracts)
Compliance Requirements
Source: SBD 6.1 IN TERMS OF PPR2022 (1).pdf (TENDER)No specific requirements found
Points Allocation: 90 points
B-BBEE Details: SBD 6.1
Preference points claim form in terms of the preferential
Procurement regulations 2022
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.
Nb: before completing this form, tenderers must study the
General conditions, definitions and directives applicable in
Respect of the tender and preferential procurement
Regulations, 2022
1.1 The following preference point systems are applicable to invitations to tender:
applicable taxes included); and
applicable taxes included).
1.2 To be completed by the organ of state
(delete whichever is not applicable for this tender).
a) The applicable preference point system for this tender is the 90/10 preference point
system.
b) The applicable preference point system for this tender is the 80/20 preference point
system.
c) Either the 90/10 or 80/20 preference point system will be applicable in this tender.
The lowest/ highest acceptable tender will be used to determine the accurate
system once tenders are received.
1.3 Points for this tender (even in the case of a tender for income-generating contracts)
shall be awarded for:
(a) Price; and
(b) Specific Goals.
1.4 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
Points
Price 80
Specific goals 20
Total points for Price and SPECIFIC GOALS 100
of 5
1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of
this tender to claim points for specific goals with the tender, will
Contractual Terms
Source: SBD 6.1 IN TERMS OF PPR2022 (1).pdf4.3. 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
Section
Source: SBD 6.1 IN TERMS OF PPR2022 (1).pdfCe 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
Description
Source: Standard Bidding Document (SDB) 4.pdfSupply chain management system should
This declaration prove to be false.
.................................... .....................................................
Signature Date
.................................... ......................................................
Position Name of bidder
Contact Information
Source: Standard Bidding Document (SDB) 4.pdf (TENDER){"name":null,"email":null,"phone":null,"department":"SUPPLY CHAIN MANAGEMENT","address":null}
Evaluation Criteria
Source: Standard Bidding Document (SDB) 4.pdf (TENDER)Bidders are disqualified if listed on the Register for Tender Defaulters or the List of Restricted Suppliers. No specific eligibility criteria such as CSD registration, tax clearance, B-BBEE level, CIDB grading, or professional registrations are stated in the provided document.
Technical Specifications
Source: Standard Bidding Document (SDB) 4.pdf (TENDER)Supply chain management system should
This declaration prove to be false.
.................................... .....................................................
Signature Date
.................................... ......................................................
Position Name of bidder
Section
Source: Standard Bidding Document (SDB) 4.pdfagreements or arrangements with any competitor regarding the quality,
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
These rules are linked to the work category, industry, or regulated service area.
Act 101 of 1997
Relevant to universities, TVET colleges and public higher-education procurement.
Relevant because this tender appears to involve schools, universities, TVET colleges, education departments, or learning institutions.
Act 84 of 1996
Relevant to procurement linked to schools and provincial education departments.
Relevant because this tender appears to involve schools, universities, TVET colleges, education departments, or learning institutions.
Address
1 Dr Lategan Rd, Groenkloof, Pretoria, 0027, South Africa
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
6
Last checked
27 Aug 2026
AI status
Not enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
Contact
012-065-1995[email protected]www.thencc.org.za1 Dr Lategan Rd, Groenkloof, Pretoria, 0027, South Africa
Key Personnel
Provinces Active
Industries
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