How will bids be evaluated?

1) Duly admitted Attorney or Advocate of the High Court of South Africa with minimum 3 years post-admission experience; OR appointed Independent Commissioner at CCMA with 3 years practice; 2) Experience in presiding over disciplinary hearings or quasi-judicial proceedings; 3) Sound knowledge of administrative law; 4) In good standing with relevant professional body; 5) For attorney firms, only appointed officials may serve (no associates/secondment).

What are the important dates and deadlines for this tender?

{"closingDate":"20 JULY 2026","closingTime":"11:00","briefingSession":"{\"date\":\"05 AUGUST 2026\",\"time\":\"10:00\",\"venue\":\"10:00]\",\"is_compulsory\":true}"}

Who should be contacted for queries about this tender?

{"name":null,"email":"info@psira.co.za","phone":"0763817581","department":null,"address":"ng session link"}

PSiRA Panel of Presiding Officers Tender

Submission Guidelines

Source: PSiRA 2026-27 RFB02 - Panel of Presiding Officers.pdf (RFP)

14.1. PSiRA recognises tendering as part of the levers available to drive

transformation and envisages, with this bid, a situation whereby bigger

companies and smaller ones enter into empowerment deals to reflect a

broad-based transformation.

14.2. The contract with each service provider will not be exclusive. The Private

Security Industry Regulatory Authority reserves the right to and may elect

to appoint one of the service providers to provide the presiding services at

its sole discretion.

14.3. Where the panel falls short of other fundamental legal aspects, or in the

event of an unforeseen requirement not included in this tender, PSiRA

reserves right to appoint presiding officer outside the appointed panel and

to negotiate suitable fees with appointed legal service provider.

PSiRA RIGHTS

Notwithstanding anything else in this Request for Proposal (RFP), and without

limiting its rights at law or otherwise, PSiRA reserves the right, in its absolute

discretion at any time, to:

a. Cancel or call for new tender.

b. To appoint more than one bidder or contractor.

c. Reject any bid received after the Closing Time.

d. Consider and accept or reject any alternative bid.

e. Alter the structure and/or the timing of this RFP or the tender process.

f. Reject any bid that does not comply with the requirements of this RFP.

g. Terminate the participation of any bidder or any other person in the bid Process.

h. Vary or extend any time or date specified in this RFP for all or any Bidder or

other persons.

i. Cease to proceed with or suspend the tender prior to the execution of a formal

written contract.

j. Require additional information or clarification from any bidder or any other

person or provide additional information or clarification.

k. PSiRA is not obliged to accept any bid thereof and reserves the right to

withdraw this bid.

General information

a. Bid documentation will be made available from National Treasury E-Tender

Website, ready to be downloaded by bidders.

b. All compulsory forms contained in the bid documentation must be completed and

signed in full.

c. Proof of Registration with the National Treasury Central Supplier Database (CSD)

must be provided.

d. Bids should be submitted at the correct address, before or on the closing date

and time. No late bids will be accepted under any circumstance.

e. Only original bid documents will be accepted. No e-mailed or posted copies will

be accepted.

f. Bidders may make use of courier services and must confirm bid acknowledgement

with SCM office.

g. Sealed and clearly marked bids indicating the Bid Reference must be deposited

in the PSiRA Head Office tender box situated at 420 Witch Hazel Avenue, Eco

Glades Block B2-Eco Park, Centurion, Pretoria.

Instructions to bidders

a. The bidder is required to confirm that it will hold its proposal valid for 120 days

from the closing date of the tender, during which time it will remain without

change, their proposed rates, and prices.

b. Bidders are required to submit 2 indexed original hard copy and 1 USB containing

the original proposal (bidders must ensure that the documentation on the USB are

the same as the one submitted as a hard copy document).

Contacts persons

The contact person for this assignment (Technical Enquiries):

Ms. Maria Sambo |Email: Tel: 012 003 0578 Email: [email protected]

Bidding Procedures Enquiries

Ms. Nkhuliseni Masikhwa/Ms Nomathemba Mendu/ Mr. Kutlwano Mokoro

Tel: 012 003 0524/0519

Email: [email protected].

Mr. Malu Mdingi

(Chairperson) _____________ 14 July 2026

Bid Specification Committee Signature Date

Name of Bidder Bidder’s Signature Date

Sbd1

Part a

Invitation to bid

You are hereby invited to bid for requirements of the (name of department/ public entity)

BID NUMBER: PSiRA/2026/27/RFB/02 CLOSING DATE: 20 August 2026 CLOSING TIME: 11:00

Request for proposals for the appointment of panel of presiding officers for a period of thirtydescription six (36) months.

Bid response documents may be deposited in the bid box situated at (street address)

Psira head office: 420 witch hazel avenue

Block b – eco glades 2 office park

Highveld ext 70

Centurion

Bidding procedure enquiries may be directed to technical enquiries may be directed to:

Mr. Kutlwano Mokoro

CONTACT PERSON Ms. Nkhuliseni Masikhwa CONTACT PERSON Ms. Maria Sambo

Telephone number 012 003 0524 telephone number 012 003 0578

Facsimile number n/a facsimile number n/a

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 status compliance supplier

Or system pin: database

No: MAAA

Are you the

Accredited are you a foreign based

REPRESENTATIVE IN Yes No SUPPLIER FOR THE GOODS Yes No

South africa for /services offered?

The goods

/Services [if yes enclose proof] [if yes, answer the

Offered? Questionnaire below]

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.

Sbd1

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, 2017, 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: ...................................................

Bidder’s disclosure

Purpose of the form

1.1 Any person (natural or juristic) may make an offer or offers in terms of

this invitation to bid. In line with the principles of transparency,

accountability, impartiality, and ethics as enshrined in the Constitution

of the Republic of South Africa, 1996 (Constitution), and further

expressed in the various applicable legislation, it is required for the

bidder to make this declaration in respect of the details required

hereunder.

1.2 If a person is listed in the Register for Tender Defaulters and/or the List

of Restricted Suppliers, that person will automatically be disqualified

from the bid process.

Declaration on employment by organ of state

2.1 Is the bidder, or any of the directors / trustees / shareholders / members

/ partners of the bidder employed by an organ of state, as defined in

section 239 of the Constitution? YES/NO

2.2 If YES, furnish particulars of the names, individual identity numbers, in

the table below:

Full Name Identity Number Name of organ of

state

the power, by one person or a group of persons holding the majority of the equity of

an enterprise, alternatively, the person/s having the deciding vote or power to influence

or to direct the course and decisions of the enterprise.

Sbd4

2.3 Do you, or any person connected with the bidder, have a relationship

with any person who is employed by the procuring institution? YES/NO

2.3.1 If so, furnish particulars:

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

2.4 Does the bidder or any of its directors/trustees/shareholders

members/partners or any person having a controlling interest in the

enterprise have any interest in any other related enterprise, whether or

not they are bidding for this contract? YES/NO

2.4.1 If so, indicate all companies registered in the CSD in the table below:

Supplier registration number Status (active/inactive/deleted)

(Maaa)

Failure to disclose all CSD-registered active companies linked to all

Directors will lead to disqualification.

3 general declaration

I, ............................................................................................., the

undersigned, in submitting the accompanying bid, do hereby make the

following statements that I certify to be true and complete in every respect:

3.1 I have read and I understand the contents of this disclosure.

3.2 I understand that the accompanying bid will be disqualified if this

disclosure is found to be false.

3.3 The bidder has arrived at the accompanying bid independently from, and

without consultation, communication, agreement or arrangement with

any competitor.

3.4 In addition, there have been no consultations, communications,

agreements or arrangements with any competitor regarding the quality,

quantity, specifications, prices, including methods, factors or formulas

used to calculate prices, market allocation, the intention or decision to

submit or not to submit the bid, bidding with the intention not to win the

bid and conditions or delivery particulars of the products or services to

which this bid invitation relates.

Sbd4

3.5 The terms of the accompanying bid have not been, and will not be,

disclosed by the bidder, directly or indirectly, to any competitor, prior to

the date and time of the official bid opening or of the awarding of the

contract.

3.6 There have been no consultations, communications, agreements or

arrangements made by the bidder with any official of the procuring

institution in relation to this procurement process prior to and during the

bidding process except to provide clarification on the bid submitted

where so required by the institution; and the bidder was not involved in

the drafting of the specifications or terms of reference for this bid.

3.7 I am aware that, in addition and without prejudice to any other remedy

provided to combat any restrictive practices related to bids and contracts,

bids that are suspicious will be reported to the Competition Commission

for investigation and possible imposition of administrative penalties in

terms of section 59 of the Competition Act, 1998 (Act No. )

and or may be referred to law enforcement agencies for criminal

investigation and or may be restricted from conducting business with the

state for a period not exceeding 10 years in terms of the Prevention and

Combating of Corrupt Activities Act, 2004 (Act No. ) or any

other applicable legislation.

I certify that the above is correct.

I accept that the procuring institution may reject the

Bid or take appropriate action against me if this

Declaration is false.

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

Signature Date

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

Designation Name of bidder

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

General conditions

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

applicable taxes included); and

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

applicable taxes included).

1.2 To be completed by the organ of state

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

system.

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

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 be interpreted to mean

that preference points for specific goals are not claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is

adjudicated or at any time subsequently, to substantiate any claim in regard to

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

of 4

Definitions

(a) “tender” means a written offer in the form determined by an organ of state in

response to an invitation to provide goods or services through price quotations,

competitive tendering process or any other method envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and

includes all applicable taxes less all unconditional discounts;

time of bid invitation, and includes all applicable taxes;

(d) “tender for income-generating contracts” means a written offer in the form

determined by an organ of state in response to an invitation for the origination of

income-generating contracts through any method envisaged in legislation that will

result in a legal agreement between the organ of state and a third party that produces

revenue for the organ of state, and includes, but is not limited to, leasing and disposal

of assets and concession contracts, excluding direct sales and disposal of assets

through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No.

Formulae for procurement of goods and services

3.1. Points awarded for price

3.1.1 The 80/20 or 90/10 preference point systems

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmin Pt−Pmin

Ps= 80(1− ) or Ps= 90(1− )

Pmin Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. Formulae for disposal or leasing of state assets and income

Generating procurement

3.2.1. Points awarded for price

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmax Pt−Pmax

Ps= 80(1+ ) or Ps= 90(1+ )

Pmax Pmax

of 4

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement

Regulations, preference points must be awarded for specific goals stated in the tender.

For the purposes of this tender the tenderer will be allocated points based on the goals

stated in table 1 below as may be supported by proof/ documentation stated in the

conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which

states that, if it is unclear whether the 80/20 or 90/10 preference point system applies,

an organ of state must, in the tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20

or 90/10 preference point system will apply and that the highest acceptable

tender will be used to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point

system will apply and that the lowest acceptable tender will be used to

determine the applicable preference point system,

then the organ of state must indicate the points allocated for specific goals for both the

90/10 and 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table

below.

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is

applicable, corresponding points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each

preference point system.)

Number of points Number of points

claimed (80/20 allocated

The specific goals allocated system)

(80/20 system) points in terms of this tender (To be completed by

(To be completed by the the tenderer)

organ of state)

100% Black ownership 5

Women ownership 5

People with disabilities 5

Youth 5

Declaration with regard to company/firm

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

of 4

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

 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;

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 4

The national treasury

Republic of South Africa

Government procurement:

General conditions of contract

July 2010

1 Initial: ...............

Government procurement

General conditions of contract

July 2010

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.

2 Initial: ...............

Table of clauses

Definitions
Application
General
Standards
Use of contract documents and information; inspection
Patent rights
Performance security
Inspections, tests and analysis
Packing
Delivery and documents
Insurance
Transportation
Incidental services
Spare parts

Technical Specifications

Source: PSiRA 2026-27 RFB02 - Panel of Presiding Officers.pdf (RFP)

Appointment of a panel of presiding officers for a period of thirty-

Six (36) months

The purpose of this bid is to appoint suitably qualified and experienced panel of legal

service providers to serve as independent Presiding Officers for PSIRA Code of

Conduct Enquiries, on an ad-hoc basis, for a period of thirty-six (36) months.

The Private Security Industry Regulatory Authority (“PSiRA”), which is known as the

Authority, is a statutory regulatory body established in terms of the Private Security

Industry Regulation Act . The mission of the Authority is “effective

regulation of the Private Security Industry to enable professional and respected

security service providers”.

In executing its regulatory and enforcement mandate, PSiRA conducts Code of

Conduct Enquiries into alleged non-compliance and misconduct by security service

providers. These inquiries are quasi-judicial in nature and must be conducted in a

manner that is lawful, procedurally fair, reasonable, and impartial.

In order to meet its objectives, the Authority requires services from suitable and

experienced legal practitioners to act on a panel of presiding officers. Panel members

appointed as presiding officers will be required to perform the following services:

Preside over Code of Conduct Enquiries assigned/initiated by PSIRA;
Ensure proceedings are conducted in accordance with the PSIR Act, PSIRA

Regulations, Improper Conduct Regulations, the Code of Conduct for Security

Service Providers, Prosecution Policy, and PSIRA internal enforcement

procedures;

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Apply the principle of procedural fairness, impartiality, and Audi-alteram

partem rule;

Manage hearings, including postponements and rulings on procedural matters;
Consider evidence, submissions, and representations by all parties;
Make independent findings and determinations based on the merits of each

case;

Issue written findings, rulings, and recommendations within prescribed

timeframes;

Perform any other function reasonably incidental to the role of Presiding

Officer.

Duration

Successful bidders will be appointed for a fixed period of thirty-six (36) months from

the effective date of the signing of the Service Level Agreement. Appointment to the

panel does not guarantee any minimum volume of work.

Minimum eligibility requirements

Bidders must meet the following minimum requirements:

Be duly admitted and enrolled as an Attorney or Advocate of the High Court

of South Africa with a minimum of three (3) years post-admission experience

and/ or;

Appointed and practicing as an Independent Commissioner in terms of the

CCMA Rules with a minimum of three (3) years practicing as such;

Demonstrate experience in presiding over disciplinary hearings,

administrative tribunals, or similar quasi-judicial proceedings;

Sound knowledge of administrative law and disciplinary processes;
Be in good standing with the relevant professional body, e.g. Legal Practice

Council (LPC).

NB, in case of Attorney firms , only appointed Officials will be briefed

as panel members/ no secondment or replacement of Associates.

Independence and conflict of interest

Presiding Officers must perform their duties independently and without undue

influence. Bidders must disclose any actual or potential conflicts of interest at the

time of bidding and prior to accepting any assignment. PSIRA reserves the right to

exclude or remove a panel member where a conflict of interest exists.

Allocation of work and reimbursement

PSIRA will allocate work to panel members based on operational requirements,

availability, expertise, rotation principles, and performance. PSIRA’s decision in

this regard shall be final.

Bidders must be willing to travel to other Provinces where inquiries may be held.
Travel arrangement and accommodation will be provided by the Authority

subject to confirmation of appointment.

Bidders will be reimbursed for the toll-gate fees and lunch meals whilst on

official duty (claims must be accompanied by receipts).

Deliverables and reporting

Presiding Officers will be required to submit:

Written findings, rulings or determinations within timelines prescribed by

Psira;

Properly structured and reasoned decisions suitable for implementation and

review; and

Any additional reports or documentation required by PSIRA.

Compliance Requirements

Source: PSiRA 2026-27 RFB02 - Panel of Presiding Officers.pdf (RFP)

Minimum functionality/qualifying score: 70

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS website

Tcs pin is available but the bidder is registered on the central supplier database (csd), a csd

CSD Report/B-BBEE Certificate/Sworn Affidavit

Csd number

Csd number must be provided

Central Supplier Database (CSD)

Central supplier database (csd), a csd

appointment letter)

(submit appointment letter)

10 points for detailed CV(s) with proposed Presiding Officer(s) description of enquiries

of a detailed CSD Report/B-BBEE Certificate/Sworn Affidavit. A bidder failing to submit

Is not a requirement to register for a tax compliance status

Tax compliance requirements

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS website

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

Points Allocation: 5 points

B-BBEE Details: nary processes or regulatory

enforcement (submit at least three (3) relevant rulings/judgment delivered)

10 points for three years’ experience in conducting services as a Presiding Officer

(submit appointment letter)

10 points for detailed CV(s) with proposed Presiding Officer(s) description of enquiries

previously handled and finalised.

NB: 0 points will be allocated if documentation submitted do not meet the

minimum requirements specified above.

Specific goals 20

The bidder must submit proof or documentation to claim points for specific goals in a form

of a detailed CSD Report/B-BBEE Certificate/Sworn Affidavit. A bidder failing to submit

proof or documentation to claim points for specific goals will be interpreted to mean that

preference points for specific goals are not claimed.

The Specific Goals Number of

allocated points in Points

terms of this tender

Black Ownership (Maximum points = 5 points)

51% 5
30-50% 3
10-29% 2

Women Owned (Maximum points = 5 points)

75% - 100% 5

51% - 74% 3

Below 51% 1

Disabled People

Disabled People 5

Youth (Maximum points = 5 points)

75% - 100% 5

51% - 74% 3

Below 51% 1

NB: Bidders must ensure that the proof submitted addresses the information

above in order to claim points

Summary of reports / findings 15

The bidder must submit redacted (without personal information) written reports’ typed

(not older than 36 months from closing date of tender) of matters previously presided

on , with strong evidence of producing clear, reasoned and defensible written findings suitable

for implementation and with acceptable quality of outputs:

15 points for 5 written reports
10 points for 3 written reports
5 points for 2 written reports
3 points for 1 written report
0 points for no wr

Contractual Terms

Source: PSiRA 2026-27 RFB02 - Panel of Presiding Officers.pdf

PSIRA reserves the right to terminate the appointment of a panel member or the

contract, in whole or in part, in accordance with applicable contractual and legislative

provisions, including for poor performance, misconduct, incapacity or breach of

contract.

General bid conditions

12.1. The proposal must conform to the minimum requirements as set out in this

document.

12.2. This document will form part of the binding contract between the successful

service provider and the Authority once the proposal has been accepted by the

Authority.

12.3. PSIRA reserves the right to amend these Terms of Reference prior to the

closing date of the tender advert.

12.4. All amendments will be communicated to bidders through official tender

channels.

12.5. All successful bidders will be required to enter into a Service Level Agreement.

12.6. No service may be rendered without an instruction letter from PSiRA.

Payment
Prices
Contract amendments
Assignment
Subcontracts
Delays in the supplier’s performance
Penalties
Termination for default
Dumping and countervailing duties
Force Majeure
Termination for insolvency
Settlement of disputes
Limitation of liability
Governing language
Applicable law
Notices
Taxes and duties
National Industrial Participation Programme (NIPP)
Prohibition of restrictive practices

3 Initial: ...............

General Conditions of Contract

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

4 Initial: ...............

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

5 Initial: ...............

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.

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.

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

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

bidding documents and specifications.

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.

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.

6 Initial: ...............

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.

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

7 Initial: ...............

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.

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.

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.

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.

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

this shall be specified in the SCC.

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;

for each appropriate unit of the supplied goods;

8 Initial: ...............

procedures;

of 10

Apply the principle of procedural fairness, impartiality, and Audi-alteram

partem rule;

Manage hearings, including postponements and rulings on procedural matters;
Consider evidence, submissions, and representations by all parties;
Make independent findings and determinations based on the merits of each

case;

Issue written findings, rulings, and recommendations within prescribed

timeframes;

Perform any other function reasonably incidental to the role of Presiding

Successful bidders will be appointed for a fixed period of thirty-six (36) months from

the effective date of the signing of the Service Level Agreement. Appointment to the

panel does not guarantee any minimum volume of work.

Written findings, rulings or determinations within timelines prescribed by

Psira;

Properly structured and reasoned decisions suitable for implementation and

review; and

Any additional reports or documentation required by PSIRA.

be treated as confidential. No information may be disclosed to any third party without

the prior written consent of PSIRA, unless required by law.

Termination

contract, in whole or in part, in accordance with applicable contractual and legislative

provisions, including for poor performance, misconduct, incapacity or breach of

contract.

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

of 4

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

 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;

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 4

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

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

bidding documents and specifications.

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.

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.

6 Initial: ...............

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.

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