Bidders must provide following to qualify for the price competition:
1 Legal Identification
1.1 Bidders must provide their legal information on the signed SBD1. Bidders must provide detail
Central Supplier Database report.
2 Ethical requirements
2.1 The bidder must confirm that there are no interests with the NRF, has clean business practises, and
has determined its bid independently from others as reflected on its submitted SBD 4.
3 Technical qualifications
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3.1 The supplier must demonstrate capacity to provide operational troubleshooting support and repair
of the instrumentation for the duration of the contract. Support documents must be referenced.
3.2 Bidder to provide technical documentation minimum being instrument brochures or manuals
demonstrating that the offered instrumentation meets ALL the requirements
3.3 The bidder must provide evidence of being an approved supplier from the OEM.
3.4 The bidder must provide evidence that the bidder has staff that have been trained in the
maintenance of the instrumentation offered
3.5 The bidder must demonstrate that they have the capacity and ability to train SAEON staff (i.e. letter
of capability to train from the OEM, or users where satisfactory training has occurred)
3.6 The bidder must provide reference letters from at least two (2) of their clients who are willing to be
contacted to discuss the quality of service of similar products, as well as the supplier skills related
to training on the deployment, operation and maintenance of the instruments and data logging
systems that SAEON will be requiring. References must be where the similar services were
rendered before.
3.7 Demonstrated instrument use in national and international observation networks (e.g. peer-
reviewed publications).
CONTRACT PERIOD
This service will be for a three-year contract period, with instruments ordered as they are required as well
as maintenance support over the three year period as the EFTEON landscapes develop.
CONTRACT MANAGEMENT
Appointment of the NRF-SAEON Contract Manager after contract (SBD 7.2) is signed
The NRF appoints a contract manager and notifies the other party in writing of the name and
contact details of the appointed contract manager.
ii. Appointed Bidder’s Contract Manager
The bidder appoints a contract manager and notifies the NRF-SAEON in writing of the name
and contact details of the appointed contract manager.
iii. Contract Communication
The NRF communicates in writing including through email.
The NRF maintains all contract documentation, and communications and correspondence,
etc. for record purposes.
The NRF allocates the contract number with secondary reference numbers i.e. purchase order
numbers and will inform the contractor of these numbers. The NRF will require any
communication to contain the contract number.
The NRF requires the appointed bidder to communicate in writing including through email at
all times.
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SERVICE LEVEL MANAGEMENT (General Condition of Contract Clause No: 22)
If the appointed bidder fails to meet any performance level:
Both NRF-SAEON and the appointed bidder shall jointly investigate and report on the root causes of the
performance level failure;
Promptly correct the failure and begin meeting the set performance levels;
Advise NRF-SAEON as to the extent requested by NRF-SAEON of the status of remedial efforts being
undertaken with respect to such performance level failure; and
Take preventive measures to prevent the recurrence of the performance level failure.
In the event of the non-performance as per the agreed contract, NRF-SAEON will appoint an alternative provider
at the cost of the appointed bidder. The defaulting appointed bidder is obliged to settle the damages/additional
costs that NRF-SAEON has incurred as result of the non-performance of the appointed bidder.
STATEMENT OF SERVICE LEVELS
The service performance levels are:
Service Level Performance Standard Target Penalties/ Consequences or
remedies
Delivery, Rain intensity Rain intensity Issue non-performance which
readiness and instruments are instruments are could lead to termination of
Commissioning prepared and ready for prepared and ready for contract. (Also refer to GCC
of each rain deployment in the deployment in the 22)
intensity respective EFTEON respective EFTEON
instrument for landscape. landscape.
deployment
Training of Training is conducted as Training is conducted as Issue non-performance which
SAEON staff scheduled and all scheduled and all could lead to termination of
and students trainees are comfortable trainees are comfortable contract. (Also refer to GCC
to operate instruments to operate instruments. 22)
Minimum Rain intensity Rain intensity Issue of non-performance is
response time instruments perform instruments are escalated to bidder directors.
of 48 hours optimally with minimal performing optimally with Where the issue is not
downtime. minimal downtime. actioned, could lead to
termination of contract. (Also
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refer to GCC 22)
Maintenance As set out in the above As set out in the above Costs incurred by SAEON due
management section section to failure of maintenance as
well as spares is for the
account of the bidder
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In this document words in the singular also mean in the plural and vice versa, words in the masculine mean
in the feminine and neuter, words “department” means organs of state inclusive of public entities and vice
versa, and the words “will/should” mean “must”.
The National Research Foundation cannot amend the National Treasury’s General Conditions of Contract
(GCC). The National Research Foundation compiles separate Special Conditions of Contract (SCC) relevant
to this bid where applicable supplementing the General Conditions of Contract. Where there is conflict, the
provisions of the Special Conditions of Contract shall prevail.
GCC 1 Definitions - 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 anything 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” mean the General Conditions of Contract.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is
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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.
GCC2 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.
GCC 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 (National Treasury’s eTender website), 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.
GCC 4 Standards
4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and
specifications.
GCC 5 Use of contract documents and information
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any
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provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished
by or on behalf of the purchaser in connection therewith, to any person other than a person
employed by the supplier in the performance of the contract. Disclosure made to any such
employed person is in confidence and shall extend only as 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.
SCC5A Copyright and Intellectual Property
5.4.1 Intellectual property refers to creation of the mind, such as inventions; literary and artistic
works; designs; and symbols, names, images used in commerce; and includes copyright (a legal
term describing the rights that creators have over their literary and artistic works including books,
music, paintings, sculpture and films, to computer programs, databases, advertisements, maps
and technical drawings); trademark (a legal term describing a sign capable of distinguishing the
goods or services of one enterprise from those of other enterprises); and patent (a legal term
describing an exclusive right granted for an invention providing the patent owner with the right to
decide how - or whether - the invention can be used by others).
5.4.2 Background intellectual property is defined as the intellectual property pertaining to this
contract and created and owned by any of the contracted parties to this contract prior to the
effective date of this contract.
Contract intellectual property is defined as intellectual property created by the parties to this
contract for and in the execution of the contract.
5.4.3 Background intellectual property (existing prior to this contract) vests in and remains the
sole property of the contracted parties to this contract. Both parties disclose openly such
intellectual property ownership to the parties in writing at the commencement of this contract.
5.4.4 The supplier grants the purchaser a fully paid up, irrevocable, and non-exclusive licence to
use its background intellectual property for the exploitation of this contract to enable the NRF to
obtain the full benefit of the contracted deliverables for this contract.
5.4.6 The parties agree that all right, title, and interest in contract intellectual property created
during the execution of this contract vests with the purchaser unless where agreed in writing to
a different allocation of the ownership of the contract intellectual property with such allocation
being an appends to this contract.
5.4.7 Both parties to this contract shall keep the intellectual property created during the
performance of this contract confidential and shall fulfil its confidentiality obligations as set out in
this document.
5.4.8 The supplier agrees to assist the purchaser in obtaining statutory protection for the contract
intellectual property at the expense of the purchaser wherever the purchaser may choose to
obtain such statutory protection.
5.4.9 The supplier shall procure where necessary the signatures of its personnel for the
assignment of its respective contract intellectual property to the purchaser or as the purchaser
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may direct, and to support the purchaser or its nominee, in the prosecution and enforcement
thereof in any country in the world.
5.4.10 The supplier irrevocably appoints the purchaser to be its true and lawful agent in its own
name, to do such acts, deeds, and things and to execute deeds, documents, and forms that the
purchaser, in its discretion, requires in order to give effect to the terms of this clause.
SCC5B Confidentiality
Each party shall be careful and diligent as not to cause any unauthorised disclosure or use of the
confidential information, in particular, during the existence of the Contract and after termination
of the Contract. Without the prior written consent of the other party, each party will keep
confidential and will not -
disclose the confidential information, directly or indirectly, to any person or entity;
use, exploit or in any other manner whatsoever apply the confidential information for any
other purpose whatsoever, other than for the execution of the contract and the delivery
of the deliverables or
copy, reproduce, or otherwise publish confidential information except as strictly required
for the execution of the contract.
The parties shall ensure that any employees, agents, directors, contractors, service providers,
and associates which may gain access to the confidential information abide by the undertakings
in this clause both during the term of their associations with the parties and after termination of
their respective associations with the parties, not to
disclose the confidential information to any third party, or
use the confidential information otherwise than as may be strictly necessary for the
execution of the contract,
The parties shall take all such steps as may be reasonably necessary to prevent the
confidential information from falling into the hands of any unauthorised third party.
The undertakings set out in this clause shall not apply to confidential information, which the
parties are able to prove:
was independently developed or in the possession of the recipient of the confidential
information prior to its involvement with the other party;
has become generally available to the public other than as a result of a breach of this
contract by any of the parties;
was lawfully received by the recipient from a third party acting in good faith having a right
of further disclosure and who do not derive the same directly or indirectly from the other
party, or
is required by law to be disclosed by the recipient, but only to the extent of such order
and the recipient shall inform the other party of such requirement prior to any disclosure.
Each party shall within one (1) month of receipt of a written request from the other party to do so,
return to that party all material embodiments, whether in documentary or electronic form, of the
confidential information including but not limited to:
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All written disclosures;
All written transcripts of confidential information disclosed verbally; and
All material embodiments of the contract intellectual property.
Each party acknowledges that the unauthorised disclosure of confidential information may cause
harm to the other party. Each party agrees that, in the event of a breach or threatened breach of
confidentiality, the other party is entitled to seek injunctive relief or specific performance, in order
to obtain immediate remedies. Any such remedy shall be in addition to and not in lieu of any other
remedies available at law, including monetary damages.
SCC5C Subject to compliance with the data protection laws applicable to it from time to time including
the Protection of Personal Information Act No. (POPIA), the supplier hereby grants the
purchaser permission, in terms of POPIA t to process, use, or disclose the personal data received
in connection to this bid.
GCC6 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.
GCC7 Performance security
7.1 Within thirty days (30) of receipt of the notification of contract award, 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:
7.3.1 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;
7.4 The performance security will be discharged by the purchaser and returned to the supplier within
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.
GCC8 Inspections, tests and analyses
8.1 All pre-bidding testing will be for the account of the bidder.
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 purchaser or an organization acting on behalf of the purchaser.
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.
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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 supplier
shall defray the cost in connection with these inspections, tests, or analyses.
8.6 Supplies and services 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 analysed and may be
rejected if found not to comply with the requirements of the contract. Such rejected supplies are
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 because of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC.
GCC9 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.
SCC No special condition applicable, unless specified elsewhere in this document.
GCC10 Delivery and Documentation
10.1 Delivery of the goods shall be made by the supplier in accordance with 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 submitted by the supplier specified in SCC.
SCC No special condition applicable, unless specified elsewhere in this document.
GCC11 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.
SCC The supplier is liable for an insurance claims equivalent to 3% (three percent) of the contract
value or R 2 million (two million) for public liability, product liability, and professional indemnity,
whichever is greater.
GCC12 Transportation
12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified in
the SCC.
SCC No special condition applicable, unless specified elsewhere in this document.
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GCC13 Incidental services
13.1 The supplier may be required to provide any or all of the following services, including additional
services, if any, specified in SCC:
13.1.1 Performance or supervision of on-site assembly and/or commissioning of the supplied
goods;
13.1.2 Furnishing of tools required for assembly and/or maintenance of the supplied goods;
13.1.3 Furnishing of a detailed operations and maintenance manual for each appropriate unit of
the supplied goods;
13.1.4 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
13.1.5 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.
SCC All services to maintain the instruments not included in the technical requirement and in 13.1 is
included. Incidental services is only valid if confirmed through the issuance of a written purchase
order that specifies where applicable, quality, quantity, description, unit price, and delivery date
of such services.
GCC14 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:
14.1.1 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
14.1.2 In the event of termination of production of the spare parts:
14.1.2.1 Advance notification to the purchaser of the pending termination, in sufficient time to
permit the purchaser to procure needed requirements; and
14.1.2.1 Following such termination, furnishing at no cost to the purchaser, the blueprints,
drawings, and specifications of the spare parts, if requested.
SCC The term “may” in GCC14 shall be replaced by the term “shall”. The supplier provides at
commencement of the contract a list of spares, whether in stock or ordered in from the OEM,
their lead times for delivery to NRF and their unit prices and at each time, the list is amended,
updated, or re-priced. The supplier undertakes to hold and/or make available an adequate supply
of spares parts within reasonable periods upon receipt of purchase order issued by the purchaser
in terms of the pricing mechanism in GCC17.
GCC15 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
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the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for the twenty-four (24) months after 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 twenty-four (24) 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.
SCC The warranty to and in favour of the goods is limited to the shipment of the goods to final
destination and for pre-deployment checks on the goods.
GCC16 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 fulfilment 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.
SCC Payment is made 30 days after receipt of invoice or claim by the purchaser from the supplier
which period is automatically extended by any delay occasioned by the supplier such as failure
to supply a copy of the delivery note, if applicable; and/or failure to provide proof of fulfilment of
other obligations stipulated in the contract.
GCC17 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.
SCC No additional special conditions other than stated in the price section in this document.
GCC18 Contract amendment
18.1 No variation in or modification of the terms of the contract shall be made except by written
amendment signed by the parties concerned.
GCC19 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.
GCC20 Subcontract
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract
if not already specified in the bid. Such notification, in the original bid or later, shall not relieve
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the supplier from any liability or obligation under the contract.
GCC21 Delays in supplier’s performance
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance
with the time schedule prescribed by the 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 cancelling 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.
GCC22 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.
GCC23 Termination for default
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of
default sent to the supplier, may terminate this contract in whole or in part:
23.1.1 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;
23.1.2 If the supplier fails to perform any other obligation(s) under the contract; or
23.1.3 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
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GENERAL AND SPECIAL CONDITIONS OF CONTRACT
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 Authority will, at the discretion of the
Accounting 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 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:
23.6.1 the name and address of the supplier and / or person restricted by the purchaser;
23.6.2 the date of commencement of the restriction
23.6.3 the period of restriction; and
23.6.4 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 ten (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.
GCC24 Anti-dumping and countervailing duties and rights
24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing
duties are imposed, or the amount of a 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.
GCC25 Force Majeure
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GENERAL AND SPECIAL CONDITIONS OF CONTRACT
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the 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.
GCC26 Termination for insolvency
26.1 The purchaser may at any time terminate the contract by giving written 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.
GCC27 Settlement of disputes
27.1 If any dispute or difference of any kind whatsoever arises between the 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,
27.5.1 the parties shall continue to perform their respective obligations under the contract unless
they otherwise agree; and
27.5.2 the purchaser shall pay the supplier any monies due the supplier.
SCC The appointment of a mediator and the procedure shall be agreed between the parties.
Regardless of the outcome of a mediation the parties shall bear their own costs concerning the
mediation and equally share the costs of the mediator and related expenses.
GCC28 Limitation of liability
28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement
pursuant to Clause 6;
28.1.1 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
28.1.2 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.
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GENERAL AND SPECIAL CONDITIONS OF CONTRACT
GCC29 Governing language
29.1 The contract shall be written in English. All correspondence and other documents pertaining to
the contract that is exchanged by the parties shall also be written in English.
GCC30 Applicable law
30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise
specified in SCC.
GCC31 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.
GCC32 Taxes and duties
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp 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.
GCC33 National Industrial Participation Programme
33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable
to all contracts that are subject to the NIP obligation.
GCC34 Prohibition of restrictive practices
34.1 In terms of Section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement
between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if
it is between parties in a horizontal relationship and if a bidder (s) is/are or a contractor(s)
was/were involved in collusive bidding (or bid rigging).
34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the
purchaser, has/have engaged in the restrictive practice referred to above, the purchaser may
refer the matter to the Competition Commission for investigation and possible imposition of
administrative penalties as contemplated in the Competition Act No. .
34.3 If a bidder(s) or contractor(s), has/have been found guilty by the Competition Commission of the
restrictive practice referred to above, the purchaser may, in addition and without prejudice to any
other remedy provided for, invalidate the bid(s) for such item(s) offered, and/or terminate the
contract in whole or part, and/or restrict the bidder(s) or contractor(s) from conducting business
with the public sector for a period not exceeding ten (10) years and/or claim damages from the
bidder(s) or contractor(s) concerned.
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EVALUATION CRITERIA FOR THE BID
Criteria
Reference to (All criteria are
Document Bid Section
bidder’s Weight weighted DECISION description Reference
document equally to each SCHEME
other)
Has the bidder GO/NO GO
signed the SBD -30
1?
Signed SBD 1 Mandatory
Does the SBD 1 GO/NO GO
agree with CSD -30
record
Bidder has no GO/NO GO
Signed SBD 4 Administrati grounds for -33
Bidder’s Disclosure ve disqualification
Is the bidder
claiming AdministratiSigned SBD 6.1 preference point -37
ve for the price
competition?
For Claiming of
preference Did the bidder points/specificA valid B-BBEE submit a valid B- goals. Non-certificate or sworn Optional BBEE certificate -37
submission of B-affidavit or sworn
BBEEE certificate affidavit? will not result in
disqualification.
Did the bidder GO/NO GO
submit their
Signed SBD 3.1 Mandatory pricing schedule Pages 27
in a separate
folder/file?
2 x Reference Does the GO/NO GO
letters or a list of bidder’s
contactable references Mandatory references where demonstrate
similar services ability to execute
were rendered. the contract?
Criteria
Reference to (All criteria are
Document DECISION Bid Section bidder’s Weight weighted
description SCHEME Reference document equally to each
other)
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ITEM 1
Does the
Rain intensity Instrument instrument
instruments
Specification Mandatory specifications GO/NO GO technical
sheet meet all the specifications required criteria?
ITEM 2
Is the bidder
certified by theLocal OEM to service
Supplier/Distributor Mandatory GO/NO GO and maintain theLetter (OEM)
rain intensity
samplers?
Is the bidder GO/NO GO
able to service,
maintain and
refurbish the
Service, OEM rain
maintenance and intensity
refurbishment of instruments? Mandatory
rain intensity Bidder to
sampling provide letter
instrumentation from the OEM or
local distributor
who are certified
by OEM stating
this.
Is the bidder GO/NO GO
able to fault find
engineering and
Troubleshooting of technical
technical issues and issues? Bidder
spares components Mandatory to provide letter
available for from the OEM or
instrument repairs local distributor
who are certified
by OEM stating
this.
ITEM 3
Is the bidder GO/NO GO
able to organise
Training workshop Mandatory and host a
training
workshop in
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conjunction with
the OEM or local
distributor who is
certified by the
OEM?
BIDDER IS ABLE TO DELIVER THE SPECIFICATION? YES - PASS TO NO -
PRICING DISQUALIFIED
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THE BID PREPARATION
Clarification
If the respondent wishes to clarify aspects of this request or the acquisition process, they write to the contact
officials listed under the enquiries section above. The NRF distributes the response to a clarification request
to all respondents that have communicated their intention to bid (i.e. briefing session attendance register)
within 2 working days of receipt of the query. The NRF does not provide the origin of the request to any
party.
The last date for the submission clarification questions shall be seven (7) working days from the
closing date of the tender.
Response preparation costs (GCC3)
The NRF is not liable for any costs incurred by a bidder in the process of responding to this invitation,
including on-site presentations.
Counter proposals
No counter proposals or variations are accepted.
Two folder system
SAEON, in the interests of transparent procurement, utilises the two-folder system to minimise any form of
price bias in the technical selection phase. All responses must be submitted in two electronic folders:
The first folder shall contain the technical and compliance response; and
The second shall contain only the pricing response.
Bidders must ensure that they do not indicate any financial information in the first folder.
Central Supplier Database registration
The NRF is legislatively only allowed to contract with third parties registered on the National Treasury’s
Central Supplier Database. Third parties include their Master Registration Number (Supplier Number) on
their SBD 1 form. The NRF utilises the third parties’ Master Registration Number conduct due diligence
through the Central Supplier Database as part of the due diligence pre-award process inclusive of tax
compliance verification.
Collusion, fraud and corruption
Any effort by the bidder to influence evaluation, comparisons, or award decisions in any manner will result
in the rejection and disqualification of the bidder concerned.
Fronting/Hidden Beneficial Ownership
The NRF supports the Government’s broad based black economic empowerment recognising that real
empowerment is through individuals and businesses conducting themselves in accordance with the
Constitution and in an honest, fair, equitable, transparent, and legally compliant manner. Against this
background, the NRF condemns any form of fronting. The NRF’s evaluation committees conduct or initiate
the enquiries/investigations to determine the accuracy of the third parties representations. The third parties
have the onus of proving that fronting does not exist. Where the NRF identifies a potential breach may exist,
the NRF notifies the third parties of the allegation. The third parties have a period of 7 days from date of
notification to provide evidence that such potential breach does not exist. The NRF, upon confirmation of
fronting, will invalidate the contract, apply for the third parties to be restricted from conducting business with
the public sector for a period not exceeding 10 years, and exercise any other remedies the NRF may have
against the concerned third party.
Disclaimers
The NRF has produced this document in good faith. The NRF, its agents, and its employees and associates
do not warrant its accuracy or completeness; make no representation, warranty, assurance, guarantee or
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endorsements to any third parties concerning the document. The NRF has no liability towards the responding
third parties in connection therewith.
General definitions
“B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based
Black Economic Empowerment Act;
“B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice
on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic
Empowerment Act;
“Bid” means a written offer in a prescribed or stipulated form in response to an invitation by the National
Research Foundation for the provision of goods or services, through price quotations, advertised competitive
bidding processes or proposals;
“Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment
Act, 2003 (Act No. );
“Contract” means the entire bid document inclusive of scope of work, specification, price conditions, price
quote table, service delivery conditions, performance conditions with their key performance indicators, and
general conditions when attached to the Standard Bidding Document 7 (SBD 7.2) which has been signed
by the awarded bidder and the National Research Foundation;
“Functionality” means the ability of a bidder to provide goods and\or services in accordance with
specifications as set out in these bid documents;
“Equipment” means the operational unit including spares, replacement components, consumables, sub-
systems, firmware, and software that delivers the specified output.
“NRF” means the National Research Foundation and it is used interchangeable with its business units
managing the contract.
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THE BIDDER SELECTION PROCESS
Stage 1 – Verification of the ability of a bidder to provide the services in accordance with
specifications and conditions as set out in the bid documents.
Responsive requirements
A Bid that meets all the submission requirements (Bidder’s Mandatory Qualifications) in the bid document
is a responsive bid that proceeds to the next stage. The NRF’s evaluation committee will disqualify non-
responsive submissions including not meet the minimum technical specifications.
Due Diligence Research
NRF will conduct due diligence on a bidder by contacting the references submitted to verify the bidder’s
capability to provide the goods/services required.
Stage 2 – Price competition
The NRF’s evaluation committee assesses compliant bidders from the technical evaluation stage on their
pricing. The NRF’s evaluation committee compares each bidder’s pricing quote on an equal and fair
comparison basis equitable to all bidders, taking into account all aspects of the bid’s pricing requirements.
The NRF’s evaluation committee ranks the qualifying bids on points scored on the basis of price in
accordance with the PPPFA
The NRF’s evaluation committee add preference points as set out in the SBD6.1 to the calculated price
points in accordance with the PPPFA.
Stage 3 – Award and Contract Signing
The bid evaluation committee recommends to the Bid Adjudication Committee for subsequent approval by
the Delegated Authority the bidder with the highest combined score for the contract award subject to the
final verification of the bidder’s tax status as set out in the SBD 1 through the CSD.
Cancellation of the bid prior to award
The NRF cancels this bid invitation prior to making an award:
Due to changed circumstances there is no need for the specified procurement in the document, or
No bids meet the minimum required specification, or a material irregularity occurred in the bid
process, or
Where the price is too low/high in comparison to the pre-bid defined market price range with no
bidder prepared to negotiate the price into the determined market price range.
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PART B – PRICING
PRICING CONDITIONS OF CONTRACT FOR THIS BID
Actual Prices charged by the bidder for goods delivered and/or services performed for this bid shall not vary
from the prices quoted by the bidder in the submitted bid with the exception of any price adjustments as outlined
in the following price conditions.
Compliant price calculation for price competition: Price quoted is South African Rands in
terms of General Conditions of contract clause 16.4
Date of unit pricing: All unit prices are quoted at the closing date of this bid.
Price Quotation Basis: Unit prices are fully inclusive of all applicable costs and taxes including
VAT, less all unconditional discounts, plus all costs to deliver the services and/or goods to the
specified delivery point stated in terms of General Conditions of contract clauses 12, 32.1 and
32.2. Where imported goods/services are to be used, the exchange rate to be quoted in arriving
at ZAR if a firm local currency price is not quoted.
Contract Price: The cumulative value of all purchase orders issued and paid for is the total value
of the signed contract at the completion date of the contract, not the competition bid price.
Value Added Tax: Pricing will be adjusted for any variation in the Value Added Tax rate as
gazetted.
Contract Price Management during the contract: Where appropriate, the contract manager will
issue written purchase orders authorising the deliverables of this bid as addendums to this
contract. The purchase orders stipulate quantity, work description, delivery date, and the unit price
in accordance with the contract.
Delivery Points are: SAEON, Didacta Building, 211 Nana Sita street, Pretoria, 0001
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BID PRICE SCHEDULE (SBD 3.1)
Submit pricing in separate folder (stand-alone)
DESCRIPTION NO OF UNIT PRICE TOTAL
UNITS
ITEM1: Rain Disdrometer (as per specifications on 7 R
)
ITEM2: Training on use of instruments (as per 1 R
specifications on )
ITEM3 Delivery Costs R
Provisional costing for maintenance schedule 1 R
for three years (as instructed by the contract
manager)
Maintenance Year 1 1 R
Maintenance Year 2 1 R
Maintenance Year 3 1 R
PRICE EXCLUDING VAT
VAT (15%)
TOTAL BID PRICE INCLUSIVE OF VAT
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PART C - RETURNS
PART A: INVITATION TO BID (SBD1)
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
NRF/SAEON EFTE/56/2025- CLOSING
BID NUMBER: 26 DATE: 02 February 2026 CLOSING TIME: 11:00 AM
APPOINTMENT OF A SERVICE PROVIDER TO SUPPLY AND DELIVER 7 RAIN INTENSITY SAMPLERS (DISDROMETER OR
PRESENT WEATHER SENSOR) FOR EFTEON OVER A 3-YEAR PERIOD DELIVERED TO THE SAEON NATIONAL OFFICE IN
DESCRIPTION PRETORIA
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
N/A (Electronic submission)
Electronic Bid Bid application via the National Treasury e-submission. Below is link
Submission and instructions for the application process:
https://admin.etenders.gov.za//Identity/Account/Login?ReturnUrl=%2F/
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON CONTACT PERSON
TELEPHONE NUMBER TELEPHONE NUMBER
FACSIMILE NUMBER FACSIMILE NUMBER
E-MAIL ADDRESS E-MAIL ADDRESS
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SUPPLIER LEGAL INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
CENTRAL
TAX
SUPPLIER
SUPPLIER COMPLIANCE STATUS COMPLIANCE OR MAAA
DATABASE
SYSTEM PIN:
No:
Yes No
ARE YOU THE ACCREDITED Yes No ARE YOU A FOREIGN
REPRESENTATIVE IN SOUTH BASED SUPPLIER FOR [IF YES ENCLOSE
AFRICA FOR THE GOODS PROOF] Page reference: THE GOODS /SERVICES [IF YES, ANSWER THE
/SERVICES OFFERED? 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
SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.
Bid Number: NRF SAEON EFTE/56/2025-26
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