Appointment of a service provider to design, supply, deliver , install and commission 30kwp grid teid solar photovoltaic sysytem at mandeni youth enterprise park for a period of 6 months.

{"name":"Mr Mthokozisi Radebe TELEPHONE TELEPHONE","email":"[email protected]","phone":"033 264 2542","department":null,"address":"Ndlovu Street 17 June 2026 10:00 am"}

Appointment of a service provider to design, supply, deliver, install and commission

30 KWp GRID TIED SOLAR PHOTOVOLTAIC SYSTEM AT MANDENI YOUTH ENTERPRISE PARK ROOFTOP FOR A

Period of 6 months.

Comulsory briefing session: applicable

Venue date time

270 Jabu Ndlovu Street 17 June 2026 10:00 am

Pietermaritzburg

3201 (LED Boardroom)

Queries relating to th

Section a (part a: invitation to quote) .............................................................................3

Part b: terms and conditions for bidding ................................................................................. 4

Section b: list of all returnable & compulsory documents ........................................ 5

Section c: special instructions and notices to bidders regarding the

Completion of bidding forms ........................................................................................................... 6

Section d: registration on the central suppliers database ......................................... 7

Section e: declaration that information on central supplier database is

Correct and up to date ....................................................................................................................... 8

Section f: pricing schedule – firm PRICES...........................................................9-12

Section h: quotation offer .............................................................................................................. 13

Section i: bidder’s DISCLOSURE...........................................................................14-15

Section j: preference points claim form in terms of the preferential

Procurement REGULATIONS................................................................................16-20

Section k: questionnaire replies..........................................................................21

Section l: official briefing session/site inspection certificate ................................ 22

Section m: special conditions of CONTRACT......................................................23-24

Section n: general conditions of CONTRACT....................................................25-33

Section o: authority to sign a bid........................................................................34

Section p: schedule variations from goods or services information ................... 35

Terms of reference (tor) .............................................................................................................. 36-51

ANNEXURE A: Evaluation Grid ........................................................................................................... 522-54

ANNEXURE B: CV Format ........................................................................................................................ 555

ANNEXURE C: Statement of Exclusivity and Availability ....................................................................... 56

Page | 2 INITIAL_____

Q 03 edtea 26/27

Section a (part a: invitation to quote)

You are hereby invited to bid for requirements of the (edtea)

Bid number: q 03 edtea 2026/2027 closing date: 23 june 2026 closing time: 15:00

APPOINTMENT OF A SERVICE PROVIDER TO DESIGN, SUPPLY, DELIVER, INSTALL AND COMMISSION 30 KWp GRID

Mark appropriate block with “X”

1. Have any alterations been made? Yes NO

2. Has an alternative bid been submitted? Yes NO

3. If applicable: did the bidder attend the official briefing session/ compulsory site

Inspection? Yes NO

Page | 13 INITIAL_____

Q 03 edtea 26/27

Sbd 4

Section i: bidder’s disclosure

(Print name)

N.B.: This form is only to be included and completed when applicable to the quotation

21 initial______

Q 03 edtea 26/27

Section l: official briefing session/site inspection certificate

Compulsory

N. B.: This form is only to be included and completed when applicable to the bid.

Site/building/institution involved: Department of Economic Development, Tourism and Environmental Affairs

Bid No: Q 03 EDTEA 2026/2027

Service: Appointment of a Service Provider to Design, Supply, Deliver, Install and Commission 30 KWP Grid Tied

Solar Photovoltaic System at Mandeni Youth Enterprise Park Rooftop in Mandeni for a Period Of 6 Months.

Venue: Date: Time:

270 Jabu Ndlovu Street, Pietermaritzburg, 3201 (LED Boardroom) 17 June 2026 10:00 am

This is to certify that (name)...............................................................ON Behalf of.................................

Attended the offcial briefing on..................................... (Date)and is therefore familiar with the

4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

5. Use of contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any 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 to any such employed person shall be made in confidence and shall

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Q 03 edtea 26/27

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.

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 Department or an organization acting on behalf of the

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

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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.

correct and up to date

Section F – Pricing Schedule (SBD 3) Yes

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

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Sbd 3.1

Q 03 edtea 26/27

Section f: pricing schedule – firm prices

(Purchases)

Note: only firm prices will be accepted. Non-firm prices (including prices subject to rates

Of exchange variations) will not be considered

And rates applicable (certified invoices must

Be rendered in terms hereof)

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

8. Are the rates quoted firm for the full period of contract? *YES/NO

Section f pricing schedule (sbd 3.1) X

Section g pricing schedule (sbd 3.3) X

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.

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Q 03 edtea 26/27

B.: THIS FORM IS ONLY TO BE INCLUDED AND COMPLETED WHEN APPLICABLE TO THE BID. Site/building/institution involved: Department of Economic Development, Tourism and Environmental Affairs Bid No: Q 03 EDTEA 2026/2027 Service: Appointment of a Service Provider to Design, Supply, Deliver, Install and Commission 30 KWP Grid Tied Solar Photovoltaic System at Mandeni Youth Enterprise Park Rooftop in Mandeni for a Period Of 6 Months. Venue: Date: Time: 270 Jabu Ndlovu Street, Pietermaritzburg, 3201 (LED Boardroom) 17 June 2026 10:00 am THIS IS TO CERTIFY THAT (NAME)...............................................................ON BEHALF OF................................. ATTENDED THE OFFCIAL BRIEFING ON..................................... (DATE)AND IS THEREFORE FAMILIAR WITH THE CIRCUMSTANCES AND THE SCOPE OF THE SERVICE TO BE RENDERED. ....................................................................................................................... SIGNATURE OF BIDDER OR AUTHORISED REPRESENTATIVE (PRINT NAME) DATE: .................................................... .................................................................................................................... SIGNATURE OF DEPARTMENTAL REPRESENTATIVE (PRINT NAME) DEPARTMENTAL STAMP: (OPTIONAL) DATE: .................................................... 22 INITIAL______ Q 03 EDTEA 26/27 SECTION M: SPECIAL CONDITIONS OF CONTRACT This quotation is subject to the Preferential Procurement Policy Framework Act and the Preferential Procurement Regulations, 2022; the General Conditions of Contract (GCC) and the following applicable other Special Conditions of Contract. The offers must remain valid for a period of 60 days from the closing date of the submission of quotations.

CONTRACT PERIOD 1.1 06 months from signing of Service Level Agreement

Points Allocation: 3 points

B-BBEE Details: ...................... ......................................................

Position Name of bidder

2 Joint venture or Consortium means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skill and knowledge in an

activity for the execution of a contract.

Page | 15 INITIAL_____

Sbd 6.1

Q 03 edtea 26/27

Section j: preference points claim form in terms of the preferential procurement

Regulations

This preference form must form part of all tenders invited. It contains general information and serves as a claim form for

preference points for specific goals.

Nb: before completing this form, tenderers must study the general conditions, definitions

And directives applicable in respect of the tender and preferential procurement

Regulations, 2022

1. 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 me

documentation may be used, but an original signature must appear on such photocopies.

I, the undersigned, (name)............................................................................... 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 not to be true and complete in every respect;

3.3 The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or

arrangement with any competitor. However, communication between partners in a joint venture or consortium2 will not be

construed as collusive bidding.

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.

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 No and or may be reported to the

National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public

sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No

or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS CORRECT.

I accept that the state may reject the bid or act against me in terms of paragraph 6 of PFMA SCM

Instruction /22 on preventing and combating abuse in the supply chain management system

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

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.

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.

1.The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or

current models, and that they incorporate all recent improvements in design and materials unless provided

otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have

no defect, arising from design, materials, or workmanship (except when the design and/or material is required

by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal

use of the supplied goods in the conditions prevailing in the country of final destination.

2.This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case

may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen

(18) months after the date of shipment from the port or place of loading in the source country, whichever period

concludes earlier, unless specified otherwise in SCC.

3.The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

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.

5.If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the

purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense

and without prejudice to any other rights which the purchaser may have against the supplier under the contract.

16. Payment

1.The method and conditions of payment to be made to the supplier under this contract shall be specified in

Scc.

2.The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and

upon fulfillment of other obligations stipulated in the contract.

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.

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

17. Prices

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.

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18. Contract amendments

1.No variation in or modification of the terms of the contract shall be made except by written amendment

signed by the parties concerned.

19. Assignment

1. The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the

purchaser’s prior written consent.

20. Subcontracts

1.The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not

already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any

liability or obligation under the contract.

21. Delays in the supplier’s performance

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.

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.

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.

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.

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.

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.

22. Penalties

1.Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services

within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under

the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the

delayed goods or unperformed services using the current prime interest rate calculated for each day of the

delay until actual delivery or performance. The purchaser may also consider termination of the contract

pursuant to GCC Clause 23.

23. Termination for default

30 initial______

VAT at 15%

Grand total (bid price in RSA currency with all

Applicable taxes included)

• Required by: ........................................

• At: ........................................

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

• Brand and model ........................................

• Country of origin ........................................

• Does the offer comply with the specification(s)? *YES/NO

• If not to specification, indicate deviation(s) ........................................

• Period required for delivery ........................................
• Delivery: Firm/not firm
• Delivery basis ..........................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

• * “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and

skills development levies.

• Delete if not applicable

Page | 9 INITIAL_____

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Section g: pricing schedule

(Professional Services) SBD 3.3

Name of bidder.......................................... Bid number: Q 03 EDTEA 2026/2027

Closing Time 15:00 Closing date: 23 JUNE 2026

Offer to be valid for 60 days from the closing date of bid.

........................................................................................... .......................... .......................... R

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

........................................................................................... .......................... .......................... R

Page | 10 INITIAL_____

Q 03 edtea 26/27

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

........................................................................................... .......................... .......................... R

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

........................................................................................... .......................... .......................... R

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

........................................................................................... .......................... .......................... R

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

Total: r..........................................................

• * ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and

skills development levies.

Page | 11 INITIAL_____

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Travel expenses (specify, for example rate/km and total km, class of

airtravel, etc). Only actual costs are recoverable. Proof of the

expenses incurred must accompany certified invoices.

4.3. 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]

4.4. 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;

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(c) cancel the contract and claim any damages which it has suffered as a result of having to

make less favourable arrangements due to such cancellation;

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

shareholders and directors who acted on a fraudulent basis, be restricted from obtaining

business from any organ of state for a period not exceeding 10 years, after the audi alteram

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

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

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

Signature(s) of tenderer(s)

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

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

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

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

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

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

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Section k: questionnaire replies

1. Are the prices/rates quoted firm? ............................................................................................................

2. Is the delivery period stated firm? ......................................................................................................

3. How will delivery be affected? .....................................................................

4. Is the equipment guaranteed for a minimum period of five months?..........................................

5. Are you the accredited agents in the RSA for the manufacture/supply of the goods offered by you?

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

6. What is the address in the RSA (preferably in the Province of KwaZulu-Natal) where machine/goods as offered by you

can be inspected under working conditions? .....................................................................................

7. What is the approximate value of spares carried in stock in the RSA for this particular make and model of machine?

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

8. Where is stock held? ..............................................................................................................

9. What facilities exist for the servicing of the machine/goods offered?

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

10. Where are these facilities available? ......................................................................................................

11. What are the names and addresses of the factories where the goods will be manufactured and, if required, inspected?

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

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” 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

25 initial______

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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.

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.

7.1 Within thirty (30) days 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:

v) 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

vi) a cashier’s or certified cheque

vii) 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.

any, specified in SCC:

(a) performance or supervision of on-site assembly and/or commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied

goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time

agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations

under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up,

operation, maintenance, and/or repair of the supplied goods.

and information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election

shall not relieve the supplier of any warranty obligations under the contract; and

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

(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the

purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.

15. Warranty

current models, and that they incorporate all recent improvements in design and materials unless provided

otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have

no defect, arising from design, materials, or workmanship (except when the design and/or material is required

by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal

use of the supplied goods in the conditions prevailing in the country of final destination.

2.This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case

may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen

(18) months after the date of shipment from the port or place of loading in the source country, whichever period

concludes earlier, unless specified otherwise in SCC.

already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any

liability or obligation under the contract.

21. Delays in the supplier’s performance

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.

There are Four (4) main stages in the selection process, namely, ensuring that quotations comply with administrative

Compliance, functionality, and price and preference points (Specific goals); and price negotiation.

2.1 Step 1 - Administrative Compliance

Check and verify compliance with the submission and completion of compulsory quotation documents viz Part

A & Part B, Sections A to O. Failure to comply with any of the sections contained in the bid document that

constitute step one will render the quotations invalid.

The following documentation must be submitted:

Criteria yes NO remarks

Section part a invitation to bid (sbd 1) x

A part b terms and conditions for x

Bidding (sbd 1)

Section b list of returnable and x

Compulsory documents

SECTION C SPECIAL INSTRUCTIONS REGARDING Read only

Completion of bid

Section d registration on central x

Suppliers database

Section e declaration that information on x

Central suppliers

Section f pricing schedule (sbd 3.1) X

Section g pricing schedule (sbd 3.3) X

Section h bid offer x

Section i bidder’s disclosure (sbd 4) x

Section j preference points claim form x

(Sbd 6.1)

Section k questionnaires replies x

Section l compulsory briefing certificate x

Section m special conditions of contract x

SECTION N GENERAL CONDITIONS OF CONTRACT Read only

Section o authority to sign the bid x

SECTION P SCHEDULE VARIATION FROM GOODS If applicable

Or services information

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2.2 Step 2- Functionality

This quotation will be evaluated on functionality. Bidders are to obtain a minimum qualifying score of 60% in

order to proceed to the next stage of evaluation

2.3 Step 3 - Preferential Point Evaluation

This quotation will be evaluated using the 80/20preference point system. (SBD 6.1 to be completed in order

to claim preference points as per specific goals stipulated. In order to claim points, required proof for each

specific goa indicated below should be attached together with this quotation. Failure to provide documents

will results in non-allocation of preference points.

Specific goals Documents required to determine specific

goals respectively

Preference Goal 1- HDI

Africans Completed ownership demographic form, CIPC

Certificate and completed SBD 6.1

2.4 Step 4 - Price negotiation

Where applicable the department reserves the right to negotiate price with the recommended bidder.

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Section n: general conditions of contract

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” 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

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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 contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any 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 to any such employed person shall be made in confidence and shall

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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 security

7.1 Within thirty (30) days 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:

v) 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

vi) a cashier’s or certified cheque

vii) 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, 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 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

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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

1.1 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.

1.2 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 and documents

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.

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

11. Insurance

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

1.Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC.

13. Incidental Services

1.The supplier may be required to provide any or all of the following services, including additional services, if

any, specified in SCC:

(a) performance or supervision of on-site assembly and/or commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied

goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time

agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations

under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up,

operation, maintenance, and/or repair of the supplied goods.

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.

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14. Spare parts

1.As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications,

and information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election

shall not relieve the supplier of any warranty obligations under the contract; and

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

(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the

purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.