Provision of High-Pressure Wall Wash Service for 72 000 Square Metres

Returnable Documents:

In order to give effect to your commercial relationship with the SAST as an employee, client or supplier SAST needs to process your Personal Information which Personal Information will be used for a number of legitimate purposes, including, inter-alia; • Compliance with governing laws, corporate governance codes, and applicable policies. • Entering into a contract. • Where required by law, to disclose your information. • To communicate with you and attend to your enquiries and requests. • When necessary or required, to provide you with information about SAST. • In order to compile statistics and other analytical information. • Performing internal processes, such as to make payments. • To mitigate risk to SAST and eliminate fraud occurrences. You, the Data Subject, agrees that SAST may use all the Personal Information which you, the Data Subject, provides to SAST which SAST requires to give effect to your commercial relationship with the SAST. SAST in turn undertakes that it will only use your, the Data Subject’s, Personal Information for the aforementioned purposes and for no other purposes, unless with your, the Data Subject’s, prior permission. 3. Withholding Consent or Withholding Personal Information Should you, the Data Subject, refuse to provide SAST with your Personal Information which is required by SAST for the purposes indicated above, and the required consent to process the aforementioned Personal Information then SAST will be unable to engage with you, the Data Subject, or enter into any agreement or of 3 relationship with you, the Data Subject. However, the Data Subject is required to provide the information voluntarily and understands that same is mandatory as described above. 4. Use, Storage, Retention and Destruction of Personal Information Your, the Data Subject’s, Personal Information may be processed on individual computers and stored electronically in a centralised data base, which, for operational reasons, will be accessible to all within SAST on a need to know and business basis, save that where appropriate, some of your, the Data Subject’s, Personal Information may be retained in hard copy. All Personal Information which you, the Data Subject, provide to SAST will be held and/or stored securely. In this regard SAST undertakes to conduct regular audits regarding the safety and the security of your, the Data Subject’s, Personal Information. Once your, the Data Subject’s, Personal Information is no longer required due to the fact that the purpose for which the Personal Information was held has come to an end and expired, such Personal Information will be safely and securely archived as per the requirements of any law applicable in South Africa. SAST thereafter will ensure that such Personal Information is permanently destroyed. 5. Disclosure and Cross Border Transfer SAST may from time to time have to disclose your, the Data Subject’s, Personal Information to other parties but such disclosure will always be subject to an agreement which will be concluded between SAST and the party to whom it is disclosing your, the Data Subject’s, Personal Information to, which contractually obliges the recipient of your Personal Information to comply with strict confidentiality and data security conditions. Where Personal Information and related data is transferred to a country outside the borders of South Africa, your, the Data Subject’s, Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information is bound contractually to a no lesser set of obligations than those imposed by POPIA. 6. Objections and Complaints You, the Data Subject, are encouraged to make immediate contact with the SAST Information Officer at any time if you are not comfortable or satisfied with the manner in which SAST is processing your, the Data Subject’s, Personal Information. On receipt of your, the Data Subject’s, objection SAST will place a hold on any further processing until the cause of the objection has been resolved. If you, the Data Subject, are not satisfied with such process, you, the Data Subject, has the right to lodge a complaint with the Information Regulator. Furthermore, you the Data Subject, have the right to request SAST to destroy all records of your personal information. 7. Quality and Responsibility of Personal Information POPIA requires that all your, the Data Subject’s, Personal Information and related details, as supplied by you, the Data Subject, are complete, accurate and up-to-date. Whilst SAST will always use its best endeavours to ensure that your, the Data Subject’s, Personal Information is reliable, it is your, the Data Subject’s, responsibility to provide accurate and truthful information and further to advise SAST of any changes to your, the Data Subject’s, Personal Information, as and when these may occur. 8. Data Subject’s Right to Access Personal Information You, the Data Subject has the right at any time to ask SAST to provide you, the Data Subject, with details of the Personal Information which SAST holds on your, the Data Subject’s, behalf; and/or the purpose for which it has been used provided that such request is made using the SAST PAIA process, which procedure can be accessed by downloading and completing the standard request for information form, housed under the SAST’s PAIA Manual which can be found on the SAST website at www.statetheatre.co.za 9. SAST’s Right to Amend SAST reserves the right to amend this Informed Consent Notice from time to time. You, the Data Subject are requested to please check the SAST website periodically to inform yourself, the Data Subject, of any changes. 10. Successors in Title The rights and obligations of the parties under this Informed Consent Notice will be binding on, and will be of benefit to, each of the parties’ successors in title and/or assigns where applicable, i.e. in the case of a sale or transfer of business by the Data Subject to another. 11. Declaration and Informed Consent I, the Data Subject, confirm that my, the Data Subject’s, Personal Information, provided is accurate, up-to- date, not misleading and is complete in all respects, save where same may change and then in such an event, I, the Data Subject, undertake to advise SAST or its Operator(s)1 of these changes. I, the Data Subject, in providing the required Personal Information to SAST and/or to its Operator, consent and give SAST permission to process and further process (where necessary and strictly directly related to the initial 1 “Operator” means a natural person or a juristic person who processes your, a Data Subject’s, Personal Information on behalf of SAST in terms of a contract or mandate, without coming under the direct authority of SAST; SAST will, in order to pursue and protect its legitimate interests and in many cases to protect you, the Data Subject, will under a written contract ask Operators to process certain categories of your, the Data Subject’s, Personal Information on its behalf including without detracting from the generality thereof, advertising agencies, research companies, PR agencies, Relevant Industry Associations, Payroll service providers, Core Benefits Providers, Medical Aid/Cover providers, Retirement Funding Providers, Auditors, Legal Practitioners, and Government and Provincial Departments. of 3 processing) my, the Data Subject’s, Personal Information as and where required and acknowledge that I, the Data Subject, understand the purposes for which the Personal Information is required and for which it will be used. Furthermore, should any of the Personal Information which has been provided by myself concern or pertain to a legal entity whom I represent, I confirm that I have the necessary authority to act on behalf of such legal entity, Data Subject, and that I have the right to provide the Personal Information and/or the required consent to use said Personal Information, on behalf of the aforementioned legal entity. Furthermore, should any of the Personal Information belong to any of my dependants and/or beneficiaries who are underage2, I in my capacity as their legal guardian and competent person give SAST the appropriate permission to process their Personal Information for the purposes for which these details were given. Furthermore, I hereby consent to being contacted by SAST, electronically or otherwise, in order to fulfil the commercial relationship between myself, the Data Subject and SAST. 12. SAST Information Officer SAST Information Officer Dr Sibongiseni Mkhize sibongiseni@statetheatre.co.za Chief Executive Officer 012 392 4000 / 4283 SAST Deputy Information Officer Shiraz Ahmed shiraz@statetheatre.co.za Senior Manager: Performance Information 012 392 4000 CONSENT DECLARATION The Data Subject, by signing this document, hereby consents to the use of the Data Subject’s personal information submitted to SAST and confirms that: • the information is supplied voluntarily, without undue influence from any party and not under any duress; and • the information which is supplied is mandatory for the purposes of entering into a commercial agreement and that without such information, SAST may not enter into the agreement with the Data Subject. The Data Subject acknowledges that the Data Subject is aware of the following rights with regard to such personal information which is submitted to SAST. The right to: • access the information at any reasonable time for purposes of rectification thereof; • object to the processing of the information in which case the commercial agreement may be terminated; and • lodge a complaint to the Information Regulator. Thus signed on this _______ day of _________________________ 20 ___ in the presence of the undersigned witnesses: I, _______________________________ (full names of Data Subject), ID Number _______________________, on behalf of ________________________ (state legal entity if applicable), Company Registration Number ________________________, hereby Give My Consent. ____________________________ Witness (1): _____________________ Signature (Data Subject) Full Name: ________________________ Witness (2): _____________________ Full Name: ________________________ 2 “underage” means a child (natural person) under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him-or herself; SAST will from time to time have to process Personal Information of a child who may belong to you, a Data Subject, for amongst other reasons employment and benefit related purposes, which use will require the competent person’s consent. of 3 Annexure A GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT NOTES The purpose of this document is to: (i) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and (ii) To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government. In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter. • The General Conditions of Contract will form part of all bid documents and may not be amended. • Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if (applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail. TABLE OF CLAUSES 1. Definitions 2. Application 3. General 4. Standards 5. Use of contract documents and information; inspection 6. Patent rights 7. Performance security 8. Inspections, tests and analysis 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Contract amendments 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Dumping and countervailing duties 25. Force Majeure 26. Termination for insolvency 27. Settlement of disputes 28. Limitation of liability 29. Governing language 30. Applicable law 31. Notices 32. Taxes and duties 33. National Industrial Participation Programme (NIPP) General Conditions of Contract 1. Definitions 1. The following terms shall be interpreted as indicated: 1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids. 1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution. 1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. 1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. 1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the contract or order. 1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand. 1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained. 1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition. 1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. 1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured. 1.17 “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. 1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. 1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service. 1.20 “Project site,” where applicable, means the place indicated in bidding documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing. 2. Application 2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. 3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged. 3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za 4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. 5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent, contract disclose the contract, or any provision thereof, or any specification, documents plan, drawing, pattern, sample, or information furnished by or on and behalf of the purchaser in connection therewith, to any person other information; than a person employed by the supplier in the performance of the inspection. contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser. 5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. 6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award, security the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC. 7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract. 7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or (b) a cashier’s or certified cheque 7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC. 8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder. tests and analyses 8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the Department or an organization acting on behalf of the Department. 8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned. 8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser. 8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier. 8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected. 8.7 Any contract supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the contract. Failing such removal the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier. 8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC. 9. Packing 9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit. 9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the purchaser. 10. Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with and documents the terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified in SCC. 10.2 Documents to be submitted by the supplier are specified in SCC. 11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC. 12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC. 13. Incidental 13.1 The supplier may be required to provide any or all of the following services services, including additional services, if any, specified in SCC: (a) performance or supervision of on-site assembly and/or commissioning of the supplied goods; (b) furnishing of tools required for assembly and/or maintenance of the supplied goods; (c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; (d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and