Refurbishment of ablution facilities , main office foyer area and workshop areas

Returnable Documents:

The aim of the SHE specification is to ensure that any contractor which is appointed by Johannesburg Water to conduct any work complies with the SHE requirements of the SHE specification and any other legislative requirement applicable to the contract scope. 2. APPLICABILITY This document is applicable to all contractors and suppliers conducting contractual activities for and on behalf of Johannesburg Water. 3. APPOINTMENTS The contractor and its appointed sub-contractor must make the relevant legislative and non-statutory appointments, which must be maintained valid for the entire contract duration. All appointees shall be suitably trained and found to be competent for the responsibilities there are assigned for. Copies of all relevant appointments and the relevant competence certificates must be kept in the relevant SHE file. Appoint: 1. Hand tool Inspector 2. Hazardous Chemicals Agent 3. Risk Assessor 4. Construction Supervisor 5. Portable Electrical Tool Inspector 6. Ladder Inspector 7. First Aider 8. Fire Fighting Equipment Inspector 9. Incident Investigators 10. Emergency coordinator 4. INSURANCE The contractor and all its appointed sub-contractor(s) shall be registered with an appropriate compensation commissioner and have a valid letter of good standing from commissioner. The contractor is responsible for ensuring the Letter of Good Standing is valid for the entire duration of the project/contract. A copy of the letter of Good Standing must be kept in the SHE file. Document Minimum SHE Requirements for Construction Related title : RFQ projects Revision 00 Author: OHS: Projects Effective Date January 2017 Pages: 01 5. COSTING FOR SHE REQUIREMENTS The contractor is responsible for ensuring that SHE costing is taken into consideration for the entire project/contract as this will ensure they comply with the SHE legislative requirements 6. INDUCTION An initial induction shall be done with key personnel to familiarize them with the requirements on site and for compiling the SHE file. Once labourers are appointed JW will conduct an induction on SHE requirements, and the contractor is also required to conduct their company specific induction 7. SUBMISSION OF SAFETY FILE • Once appointed the contractor can submit their safety file for approval. • Approval will be granted when the critical items have been sufficiently addressed. 8. RISK ASSESSMENT • Every Contractor who has been appointed contractually to conduct work for Johannesburg water shall do compile a baseline risk assessment prior to starting with work, subject to the approval of the Client. • Thereafter the task based risk assessments will be done daily with every task being done. 9. SAFE WORKING PROCEDURES / METHOD STATEMENTS The following method statements / safe working procedures must be compiled: • Incident investigation, emergency plan, waste management plan, PPE procedure, hand tool procedure, hazardous chemical substance procedure. • Method statement for the entire works 10. WORKING AT HEIGHTS (ladder) • A competent person must compile a fall protection plan for all tasks which will be done at elevated position. • The requirements as per the Construction regulations for working at heights shall be complied with by the contractor at all times. • The fall protection plan shall be specific to the work that will be conducted at elevated position and proper provision must be made for rescue of employees at heights. • Fall protection plan must include fall risk assessment detailing proper controls to be implemented. • All employees who their duties entail working at heights must be declared medically fit by an Occupational Health Practitioner for working at heights. Document Minimum SHE Requirements for Construction Related title : RFQ projects Revision 00 Author: OHS: Projects Effective Date January 2017 Pages: 01 • Employees who will be working at heights must be trained by a competent service provider for working at heights and must be trained on use of fall prevention/arrest devices to be used at heights. • Employees working at height must be trained on the latest approved fall protection plan before work commences at height. 11. HAZARDOUS CHEMICAL AGENTS (paint) The employer must control the chemical exposure of an employee by - • limiting the amount of an HCA used, which may contaminate the working environment; • limiting the number of employees who will be exposed or may be exposed; • limiting the period during which an employee will be exposed or may be exposed; • using a substitute for an HCA; • introducing engineering control measures for the control of exposure, which may include – o process separation, automation or enclosure. o the installation of local extraction ventilation systems to processes, equipment and tools for the control of emissions of an airborne HCA; o use of wet methods; and o separate workplaces for different processes; and Introducing appropriate work procedures which an employee must follow where materials are used or processes are carried out which could give rise to exposure of an employee, and which procedures must include written instructions to ensure – • that an HCA is safely handled, used and disposed of; • that process machinery, installations, equipment, tools and • local extraction and general ventilation systems are safely • used and maintained; • that machinery and work areas are kept clean; and • that early corrective action may be readily identified. 12. HOT WORKS PRECAUTIONARY MEASURES (welding) • Care to be taken when using and storing materials used for ignition purposes, i.e. matches, lighters. • Hot-work equipment is in good repair and adequately secured. Gas welding and cutting equipment carries a "Hot Work Checklist" (see Appendix 2). • All combustible material of a portable nature shall be removed from the site of operations and floors swept clean of combustible materials. Flammable substances such as paints and adhesives must be removed from the Hot Work area. Document Minimum SHE Requirements for Construction Related title : RFQ projects Revision 00 Author: OHS: Projects Effective Date January 2017 Pages: 01 • All combustible material remaining in the vicinity shall be either a) thoroughly drenched with water or b) cover with damp sand or c) covered with non-combustible sheets – whichever is suitable. • Combustible floors, walls, ceilings protected by wetting down and covering with damp sand or covered or screened by sheets of non-combustible material – whichever is suitable. • Where work is above floor level, non-combustible curtains or sheets suspended beneath the work to collect sparks. • All gaps in walls and floors through which sparks could pass covered with sheets of non- combustible materials. • Means for fire extinguishing must be in close proximity to the “Hot Work” operation. If a fire point is not in the immediate vicinity, then portable fire extinguishing equipment must be available at the site of operations. • Ensure that the correct Personal Protective Equipment is worn in relation to the task being carried out. • Smoke/heat detectors that could be affected by the “Hot Work” operation must either be a) isolated by Electricians or b) “Bagged off”. 13. MEDICAL SCREENING REQUIREMENTS • The contractor shall ensure that a medical surveillance programme is implemented for all employees. • The medical examination shall be conducted in line with the employee job profile/job description. • A valid medical fitness certificate must be submitted together with the SHE File for approval for all employees who will be doing work for Johannesburg Water. • Any employee(s) who are declared conditionally fit must be provided with employment which does not aggravate their medical condition as to endanger themselves or other employees. • The following tests shall be done: o Audiograms. o A cardio-respiratory examination o Lung function tests. o Eye/ sight tests. o A general physical examination. o A review of previous medical history. o Blood pressure tests o Glucose tests o Vaccinations (Hepatitis A & Typhoid) Document Minimum SHE Requirements for Construction Related title : RFQ projects Revision 00 Author: OHS: Projects Effective Date January 2017 Pages: 01 14. HAZARDOUS BIOLOGICAL AGENTS (working in unhygienic areas, exposure to sewer) Employers shall ensure that any employee at risk of being exposed or exposing others to HBA is comprehensively informed and trained, on both practical aspects and theoretical knowledge with regard to – • the contents and scope of HBA regulation; • the potential risks to health caused by the exposure; • the measures to be taken by the employer to protect an employee against any risk of being exposed; • the importance of good housekeeping at the workplace and personal hygiene requirements; • the precautions to be taken by an employee to protect him- or herself against the health associated with the exposure, including the wearing and use of protective clothing and respiratory protective equipment; • the necessity, correct use, maintenance and potential of safety equipment, • facilities and engineering control measures provided; • the necessity of medical surveillance; • the safety working procedures regarding the use, handling, labelling, and disposal • of HBA at the workplace; • the procedures to be followed in the event of exposure, spillage, leakage, injury or any similar emergency situation, and decontaminating or disinfecting contaminated areas. 15. TOOLBOX TALKS • The contractor shall ensure they conduct toolbox talks with their employees on a weekly basis and records of these must be kept in the SHE file. • The objective of toolbox talks should be to communicate relevant site information to assist in improvement of occupational health and safety performance. • Employees must acknowledge the receipt of toolbox talks and this record must also be kept in the SHE file. 14. PERSONAL PROTECTIVE EQUIPMENT (PPE) • Contractor must issue their employees SABS approved PPE. A copy of the PPE issue register signed by the employee issued with the PPE must be kept in the SHE file. • Contractor supervisor are required to conduct continuous inspections of the PPE issued to their employees to ensure that they are still in good condition to be used by the employee or they still comply with manufacture requirements. Document Minimum SHE Requirements for Construction Related title : RFQ projects Revision 00 Author: OHS: Projects Effective Date January 2017 Pages: 01 • The contractor is responsible for ensuring that employees are trained on the safe use of the PPE issued to them, how to maintain it and the limitations of the PPE. • NO SHORTS OR DRESSES WILL BE ALLOWED ON SITE 15. WORKPLACE SIGNAGE • Appropriate symbolic signage must be displayed where it is required by legislation. • Appropriate warning, mandatory and information signs must be placed where required. • All signs must comply to SANS/SABS requirements. • Contractors shall use mandatory and prescribed symbolic safety signs at their lay down and site areas. 16. INCIDENT REPORTING AND INVESTIGATION • All incidents shall be reported to the Client before the end of the shift or within 24hrs of occurrence. • Section 24 incidents shall be reported to DOL using the prescribed format. • The contractor shall develop an incident management procedure and communicate with all employees. 17. NOTIFICATION OF CONSTRUCTION WORK • The contractor shall notify the DOL in the prescribed format of the intended work prior to work. 18. COMPLIANCE MONITORING • Weekly inspections and monthly audits will be conducted on site. 19. PROJECT COMPLETION • Upon completion of the project the SHE file shall be returned to the Client for retention and close out. Document Minimum SHE Requirements for Construction Related title : RFQ projects Revision 00 Author: OHS: Projects Effective Date January 2017 Pages: 01 Project details Project Scope: Refurbishment of Analyser Building Depot / Site / Department: Olifantsvlei WWTW Estimated duration: TBC Documents required Letter of Good Standing Yes X No N/A SHE plan Yes X No N/A Risk Assessment Yes X No N/A Safe working Procedures Yes X No N/A Notification of Construction work Yes X No N/A Inspection registers Yes X No N/A Items required before starting xMedicals Yes No N/A Vaccinations Yes No X N/A PPE (boots, hard hats, overall) Yes X No N/A Induction Yes X No N/A Approval from OHS Yes X No N/A APPOINTMENTS AND COMPETENCIES Construction Supervisor XAppointment Yes No N/A CV (and/ certificates) Yes X No N/A (plumber) Safety Officer Appointment Yes No X N/A CV (and/ certificates) Yes No X N/A NB* Other appointments will be based on the number of employees on site as required by law. Document Minimum SHE Requirements for Construction Related title : RFQ projects Revision 00 Author: OHS: Projects Effective Date January 2017 Pages: 01 RETURNABLE ANNEXURE A: ACKNOWLEDGEMENT OF SHE SPECIFICATION & ANNEXURES CONTRACTOR: I, the undersigned, hereby acknowledge that I have obtained copies of the following listed documentation and confirm that I fully understand the contents thereof and the consequences of non- compliance. The Contractor furthermore reiterates its commitment to compliance of the requirements contained within the following provided documentation: • Johannesburg Water SOC Ltd, Safety, Health & Environmental (SHE) Specification, Annexure 1: Baseline risk assessment conducted for or on behalf of Johannesburg Water SOC Ltd; Signed at ................................................ on this ........ Day of ........................... 20............ CONTRACT MANAGER NAME DESIGNATION DATE SIGNATURE CONTRACT SUPERVISOR NAME DESIGNATION DATE SIGNATURE WITNESS (1) NAME DESIGNATION DATE SIGNATURE WITNESS (2) NAME DESIGNATION DATE SIGNATURE Guide: How to submit a response on the E-tender Portal • Submit on E tender portal, following the below: 1. (https://www.etenders.gov.za/) 2. Search/Click Browse Opportunities by organ of state (Johannesburg Water)/search by RFQ reference number . 3. Click the + sign to expand the tender/ RFQ information. 4. start the e submission process. 5. Supplier login 6. Use your CSD Credentials to Login. Contact CSD on (csd@treasury.gov.za) in case you forgot your login credentials. “My profile should show if you have logged in successfully”. 7. select supplier. 8. check the submission checklist and attached the compulsory documents. 9. confirm and proceed . If the application is not going through on the E-tender portal Contact: eTenders Contact Centre +27(0)12 406 9222 / 012 406-9229 / 012 312-5000 etenders@treasury.gov.za https://etenders.treasury.gov.za POPIA PRIVACY STATEMENT Johannesburg Water SOC Limited In terms of the Protection of Personal Information Act, 213 (Act ), also called the POPI Act or POPIA, Johannesburg Water SOC Limited, undertakes all reasonable measures to protect personal information and to keep it private and confidential. 1. Privacy Notice applies to: Suppliers, vendors, contractors, service providers, etc whether appointed or prospective. 2. Definitions of personal information According to the Act “personal information” means information relating to an identifiable living, natural person, and where it is applicable, an identifiable, existing juristic person. All addresses including residential, postal and email addresses. 3. About the Public Entity Johannesburg Water (SOC) Limited, registration number 2000/029271/30 3.1 The information we collect We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional. 3.2 How Johannesburg Water use your information We will use your personal information only for the purposes for which it was collected and agreed with you. For example: to gather contact information, to confirm and verify your identity, for the evaluation and adjudication of bids and quotations for tenders, request for quotations, and other personal information for the procurement of goods and services by the Entity. 3.3 Disclosure of information We may disclose your personal information to our Shareholder, the City of Johannesburg, and other Government agencies such as National Treasury, and the Auditor-General of South Africa. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act. We may also disclose your information: • Where we have a duty or a right to disclose in terms of law; • Where we believe it is necessary to protect our rights. 3.4 Information Security We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. We will, on an ongoing basis, continue to review our security POPIA PRIVACY STATEMENT Johannesburg Water SOC Limited controls and related processes to ensure that your personal information remains secure. When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure. We will ensure that anyone whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to. 3.5 Your rights: Access to Information You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at informationofficer@jwater.co.za, and specify what information you require. 3.6 Correction of your personal information You have the right to ask us to update, correct or delete your personal information. We will require a copy of your identification document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate and up to date. 3.7 How to contact us If you have any queries about this document; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers listed on our website or send an email to informationofficer@jwater.co.za. City of Johannesburg Johannesburg Water SOC Ltd Turbine Hall Johannesburg Water Tel +27(0) 11 688 1400 65 Ntemi Piliso Street PO Box 61542 Fax +27(0) 11 688 1528 Newtown Marshalltown Johannesburg 2107 www.johannesburgwater.co.za PLEASE SUPPLY THE FOLLOWING DOCUMENTS TO ENABLE US TO EVALUATE YOUR SUBMISSION : Returnable Description Yes/No Documents 1 Original Valid Tax Clearance COMPULSORY Certificate /valid SARS PIN 2 A, certified /original/valid, BBBEE COMPULSORY certificate /sworn affidavit (Please note that the Sworn Affidavit must be compliant as per B- BBEE Practice Guide , NON COMPLIANT AFFIDAVIT WILL BE SCORED ZERO) 3 Municipal rates and taxes (Must COMPULSORY not be older than 90 days in arrears in line with regulation 38. 4 Signed Declaration of Interest COMPULSORY form (MBD 4) 5 Declaration of Bidders past COMPULSORY supply chain management practices (MBD 8) 6 Certificate of Independent COMPULSORY Proposal Determination (MBD 9) 7 Proof of CSD registration /MAAA COMPULSORY Supplier Number 8 Preference points claim form in COMPULSORY terms of the preferential procurement regulations 2022 (MBD 6.1) 9 Company registration documents COMPULSORY with ID copies of directors / shareholders. Directors: Ms Gugulethu Phakathi (Chairperson), Mr Ntshavheni Mukwevho (Managing Director and Executive Director), Mr Johan Koekemoer (Financial Director and Executive Director), Mr Phetole Modika, Mr Siphamandla Mnyani, Mr Siyabonga Mthembu, Mrs Zandile Meeleso, Mr Pholoso Matjele, Mr Kgaile Mogoye, Mr Sandiso Mgengwana, Mr Molate Mashifane, Ms Pamela Mabece, Mr Lunga Bernard Ms Kethabile Mabe (Company Secretary), Johannesburg Water SOC Ltd Registration Number: 2000/029271/30 ANNEXURE C MBD 4 DECLARATION OF INTEREST 1. No bid will be accepted from persons in the service of the state1. 2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority. 3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 3.1 Full Name of bidder or his or her representative:..................................................... 3.2 Identity Number: .............................................................................................. 3.3 Position occupied in the Company (director, trustee, hareholder2):............................. 3.4 Company Registration Number: ......................................................................... 3.5 Tax Reference Number:.................................................................................... 3.6 VAT Registration Number: .............................................................................. 3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below. 3.8 Are you presently in the service of the state? YES / NO 3.8.1 If yes, furnish particulars. ......................................................................... ........................................................................................................... 1MSCM Regulations: “in the service of the state” means to be – (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces; (b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.); (e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature. 2 Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company. 3.9 Have you been in the service of the state for the past twelve months? .........YES / NO 3.9.1 If yes, furnish particulars........................................................................... .......................................................................................................... 3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? ..................................................YES / NO 3.10.1 If yes, furnish particulars. .......................................................................................... .......................................................................................... 3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.11.1 If yes, furnish particulars ............................................................................................. ....................................................................................................... 3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.12.1 If yes, furnish particulars. ........................................................................................... ........................................................................................... 3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.13.1 If yes, furnish particulars. ........................................................................................... ........................................................................................... 3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract. YES / NO 3.14.1 If yes, furnish particulars: ......................................................................................... ......................................................................................... 4. Full details of directors / trustees / members / shareholders. Full Name Identity Number State Employee Number ......................................... ............................................ Signature Date ........................................ ............................................. Capacity Name of Bidder MBD 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. 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 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. 2. 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; of 4 (b) “price” means an amount of money tendered for goods or services, and includes all applicable taxes less all unconditional discounts; (c) “rand value” means the total estimated value of a contract in Rand, calculated at the 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. ). 3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES 3.1. POINTS AWARDED FOR PRICE 3.1.1 THE 80/20 PREFERENCE POINT SYSTEMS A maximum of 80 points is allocated for price on the following basis: 80/20 Pt−P min Ps = 80 (1 − ) P min Where Ps = Points scored for price of tender under consideration Pt = Price of tender under consideration Pmin = Price of lowest acceptable tender 3.1.1. POINTS AWARDED FOR PRICE A maximum of 80 points is allocated for price on the following basis: 80/20 Pt−P max Ps = 80 (1 + ) o P max Where Ps = Points scored for price of tender under consideration Pt = Price of tender under consideration Pmax = Price of highest acceptable tender 4. POINTS AWARDED FOR SPECIFIC GOALS of 4 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: Table 1: Specific goals for the tender and points claimed are indicated per the table below. Note to tenderers: The tenderer must indicate how they claim points for each preference point system.) Number of Number of Proof of documents points points per specific goals The specific goals claimed allocated points in terms allocated (80/20 of this tender (80/20 system) system) Businesses located in Valid BBBEE Certificate 20 region within COJ. issued by SANAS accredited COJ municipality or verification agency or Gauteng province DTI/CIPC BBBEE Certificate for Exempted Micro Enterprises or Affidavit sworn under oath, and Proof of municipal account / valid lease agreement, letter from the Ward Council confirming the business address. DECLARATION WITH REGARD TO COMPANY/FIRM 4.2. Name of company/firm............................................................................... 4.3. Company registration number: ..................................................................... 4.4. 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] of 4 4.5. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the preference(s) shown and I acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state that the claims are correct; iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the organ of state may, in addition to any other remedy it may have – (a) disqualify the person from the tendering process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the tenderer or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution, if deemed necessary. .............................................. SIGNATURE(S) OF TENDERER(S) SURNAME AND NAME: ................................................................ DATE: ............................................................... ADDRESS: ............................................................... ............................................................... ............................................................... ............................................................... of 4