Who should be contacted for queries about this tender?

Supply Chain Management (SCM) contact: procurement@kznwildlife.com, phone: 033 845 1727. Technical enquiries: Nobuhle Magubane (Hlelan@kznwildlife.com, 033 845 1727) or Bongiwe Shabalala (Bongiwe.Mazibuko@kznwildlife.com, 033-8451912).

Ezemvelo KZN Wildlife RFQ for Soil Testing in KwaZulu-Natal

Appointment of service provider for soil contamination and classification tests (chemical analysis)

Submit quotations via email to [email protected] before the closing date and time. Use the RFQ number as the subject line. Only PDF format is accepted. If the file size is large, compress it into a single ZIP file. Submitting more than one email will disqualify your bid. All required documents must be attached, including the CSD report (verified on CSD) and proof of company registration number. Failure to comply with submission format or email requirements will invalidate your bid.

Evaluation follows the 80/20 preference point system: 80 points for price, 20 points for specific goals (e.g., B-BBEE). The lowest acceptable tender price scores the highest for price. Specific goals are verified via CSD, and the CSD report must be attached as proof. Failure to submit required proof for specific goals means no points are awarded for that section. Evaluation occurs in three phases: (1) Administrative Compliance (CSD registration, SBD4 disclosures, tax compliance, etc.), (2) Mandatory Requirements (e.g., valid SANAS ISO 18283 accreditation), and (3) Price and Preference. Non-compliance in Phases 1 or 2 results in disqualification.

Scope: Conduct soil/quarry material contamination tests at Chelmsford Nature Reserve for chemicals including Carbon, Hydrogen (in moisture), Nitrogen, Sulphur, pH, and Oxygen (by difference, including moisture). Classification tests are also required. The service provider must take samples from two neighboring farms (10 km and 3 km from Chelmsford Nature Reserve) and provide results to the Project Manager. Mandatory requirement: Valid SANAS Certificate of Accreditation with ISO 18283 scope for sampling/testing services. The accreditation must be valid at the closing date and explicitly cover the required services.

Pricing must be quoted in Rand. Payment terms: Invoices must be accompanied by a delivery note, and payment will be made within 30 days of submission. No price variations are allowed unless authorized in Special Conditions of Contract (SCC). Performance security may be required post-award (details in SCC). Penalties apply for late delivery or non-performance, calculated using the current prime interest rate per day of delay.

Mandatory: (1) Registration on the Central Supplier Database (CSD) with a valid CSD report attached. (2) Tax Compliance Status (TCS) PIN via SARS e-filing; no tender awarded if tax matters are not in order. (3) Valid SANAS ISO 18283 accreditation and annexure. (4) Completed SBD4 form with disclosures. (5) B-BBEE Status Level Verification Certificate or sworn affidavit (for EMEs/QSEs) to qualify for preference points. (6) Not listed on the Register of Tender Defaulters or restricted from doing business with government. (7) Compulsory briefing attendance. For consortia/joint ventures, each party must submit a separate TCS.

Closing date: 11 June 2026 at 11:00 AM. Compulsory briefing session: 11 June 2026 at 11:00 AM (venue details unclear; attendance is mandatory).

Supply Chain Management (SCM) contact: [email protected], phone: 033 845 1727. Technical enquiries: Nobuhle Magubane ([email protected], 033 845 1727) or Bongiwe Shabalala ([email protected], 033-8451912).

This bid 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.

Ezemvelo KZN Wildlife is a South African state-owned conservation agency established in terms of the KwaZulu-Natal Nature

Conservation Management Act (Act No. ) with the mandate of conserving; protecting; controlling, and managing

protected areas and their biological diversity, which represents the indigenous fauna, flora, landscapes and associated cultural

heritage of the KwaZulu-Natal (KZN) province. As a public entity, Ezemvelo is also governed by the Public Finance Management

Act, Act (as amended by Act ) and listed as a Schedule 3 Part C public entity.

As one of the leaders in global biodiversity conservation, the organization manages more than 110 protected areas in the KZN

province. Ezemvelo nature reserves house some of the rare and most valuable biodiversity species and cultural heritage sites in

the World that are spread across 110 protected areas (of which 34 have tourism facilities or resorts) in a total land surface area

amounting to more than 800,000 ha. Some of Ezemvelo tourism facilities are situated in one (1) of two (2) World Heritage sites

in the province, namely the Maloti-Drakensburg that draws a number of local and foreign tourists to drive ecotourism growth and

creates both local economic and rural development. Thus, promoting tourism destination development and contribute towards

the transformation of national, provincial, and local tourism sectors.

3. Objective

Ezemvelo KZN Wildlife seeks to appoint a service provider to conduct soil/quarry material contamination tests at Chelmsford

Nature Reserve for the following, but not limited to, chemicals: Carbon, Hydrogen (includes Hydrogen in moisture), Nitrogen,

Sulphur, PH, Oxygen by diff (includes oxygen in moisture), Classification test. The service provider is expected to take samples

from two (2) neighbouring farms that are approximately 10km and 3km away from Chelmsford Nature Reserve, then provide

results to the Project Manager.

4. Evaluation PHASES

The bid shall be evaluated in three (03) phases, the details of the evaluation stages are outlined below:

4.1. Phase 1: Administrative Compliance:

The Entity must be registered as a service provider on the Central Supplier Database (CSD). If you are not registered

proceed to complete the registration of your company prior to submitting your proposal.

The bidder has made the necessary disclosures on SBD4.
The bidder must indicate the enterprise status by ticking the appropriate box in the authority to sign. A director may

appoint himself/herself if they are the one signing all documents in connection with this bid and any contract resulting

therefrom on behalf of the enterprise. (Details of the authorised representative and their specimen signature must be fully

completed in the designated space of the form as well as details and signatures of all directors).

Bid documents must be properly received on the bid closing date and time specified on the invitation.
Bidder must ensure compliance with their tax obligations. No tender may be awarded to any tenderer whose tax matters

have not been declared by the SARS to be in order.

In bids where consortia / joint ventures / sub-contractors are involved; each party must submit a separate TCS.

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The bid document must be fully completed, dated, and signed. All signatures must be original.
The bidder or any of its directors/shareholders is not listed on the Register of Tender Defaulters in terms of the Prevention

and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector.

The bidder or any of its directors/shareholders are not restricted from doing business with government in terms of SCM

Practice Note .

Compulsory briefing meeting attendance.

4.2. Phase 2: Mandatory Requirements

Bidders are to provide the required documents as per all mandatory requirements stipulated in this document.

NOTE: it is MANDATORY for the Bidder to submit relevant documentation in respect of the below and failure to do so will

result in the bid being considered as incomplete and THUS NOT BE CONSIDERED.

No. Requirements

1. Provide valid SANAS Certificate of Accreditation showing ISO 18283

Mandatory Requirement: SANAS Accreditation

Bidders are required to submit, together with their quotation, the following:

A valid SANAS Certificate of Accreditation; and
The applicable Annexure / Schedule of Accreditation, clearly indicating that ISO 18283 forms part of the

accredited scope relevant to the required sampling and/or testing services.

Important conditions:

The SANAS accreditation must be valid at the closing date and time of this Request for Quotation (RFQ).
The scope of accreditation must explicitly demonstrate compliance with ISO 18283 for the services being

procured.

Non-compliance: Failure to submit:

A valid SANAS Certificate of Accreditation; and/or
The relevant Annexure / Schedule reflecting ISO 18283

will result in the bid being deemed non-responsive, and the bidder may be disqualified from the evaluation process.

4.3. Phase 3: Price and preference

The applicable preference point system for this tender is the 80/20 preference point system.
Points shall be awarded for price is (80) and (20) for specific goals.
Points will be allocated based on the percentage of ownership per goal. Information will be verified on CSD. The CSD report

must be attached as proof. The specific goals for the tender and points claimed are indicated by the table indicate on the

Sbd 6.1.

5. Award of contract

Ezemvelo KZN Wildlife reserves the right to either appoint more than one bidder and/or NOT to make an appointment.

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The Entity also reserves its right to negotiate the final price of those bids deemed technically compliant.

6. Quotation submission

Quotations must be emailed to [email protected] before the closing time and date. Failure to send to the

dedicated email address will result in your bid being disqualified. Please state the RFQ number as the reference number

on the subject line when responding to the RFQ. NB: Only Quotations submitted in a PDF format will be considered

for evaluation and failure to comply will invalidate your bid. Quotations must be submitted in an E-MAIL. If the size of

submission is big, the bidder must compress the document into one file. Submission of more than one E-MAIL will result in

your bid being disqualified. Quotations must be submitted in an E-MAIL. If the size of submission is big, the bidder must

compress (Zip file) the document into one file. Submission of more than one E-MAIL will result in your bid being disqualified.

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The bid evaluation process.

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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.

1.1 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).

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

(b) 80/20 preference point system will be applicable in this tender. The lowest/ highest acceptable tender will be used to

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded for

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a Bidder to submit proof or documentation required in terms of this Bid to claim points for specific

goals with the tender, will be interpreted to mean that preference points for specific goals are not claimed.

subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ of state.

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

quality, quantity, specifications, prices, including methods, factors or formulas used to calculate prices, market allocation, the

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15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all

recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under

this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the

purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions

prevailing in the country of final destination.

15.2 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.

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

15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the defective

goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed to take such remedial

action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser may have against the

supplier under the contract.

16. Payment

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

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other obligations

stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by the

supplier.

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

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the supplier

in his bid, with the exception of any price adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case

may be.

18. Contract amendments

18.1 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concerned.

19. Assignment

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19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified in the bid. Such notification,

in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the purchaser

in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely delivery of

the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration and its

cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the

supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment

of contract.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national department, provincial department, or a

local authority.

21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency arises, the

supplier’s point of supply is not situated at or near the place where the supplies are required, or the supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier liable to

the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the

application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling the contract, be entitled to

purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return

any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract

and without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in the

contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum

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

delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

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23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may terminate

this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted

by the purchaser pursuant to GCC Clause 21.2;

(b) if the Supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner as it deems

appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such

similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the supplier by prohibiting

such supplier from doing business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a time period of

not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond

within the stipulated fourteen (14) days the purchaser may regard the intended penalty as not objected against and may impose it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion of the Accounting Officer / Authority, also be

applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise

control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of

the Accounting Officer / Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the following

information:

(a) the name and address of the supplier and / or person restricted by the purchaser;

(b) the date of commencement of the restriction

(d) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from doing

business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt Activities Act, No.

, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been

endorsed on the Register, the person will be prohibited from

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doing business with the public sector for a period not less than five years and not more than 10 years. The National Treasury is empowered to

determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to

the public. The Register can be perused on the National Treasury website.

24. Anti-dumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or antidumping or countervailing duties are imposed, or the amount of a provisional

payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount

so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any

such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such

favourable difference shall on demand be paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any)

which may otherwise be due to the contractor in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms

of the contract or any other contract or any other amount which may be due to him.

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security, damages, or

termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of

an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause thereof. Unless

otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical

and shall seek all reasonable alternative means for performance not prevented by the force majeure event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or otherwise

insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any

right of action or remedy which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the contract, the

parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the purchaser or the

supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced

unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

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27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due to the supplier.

28. Limitation of liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or

damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the

supplier to pay penalties and/or damages to the purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract

price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties

shall also be written in English.

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC.

31. Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice to him shall be posted

by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall be deemed to be proper

service of such notice

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be reckoned from the date

of posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed

outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the

purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid the Department must be in

possession of a tax clearance certificate, submitted by the bidder. This certificate must be an original issued by the South African Revenue

Services.

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33. National Industrial Participation (NIP) Programme

33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts that are subject to the NIP

obligation.

34. Prohibition of Restrictive practices

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement between, or concerted practice by, firms, or a

decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is / are or a contractor(s) was /

were involved in collusive bidding (or bid rigging).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has / have engaged in the restrictive practice

referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative

penalties as contemplated in the Competition Act No. .

34.3 If a bidder(s) or contractor(s), has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the

purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate

the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not

exceeding ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.

The above General Conditions of Contract (GCC) are accepted by:

Name:

Designation

Bidder:

2.1 Name of company/SPV...............................................................................

2.2 Company registration number: .....................................................................

2.3 Type of company/ firm

 Partnership/Joint Venture / Consortium/

 One-person business/sole propriety

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2026-27-V1

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

2.4 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;

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

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

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

Signature(s) of bidder(s)

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

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

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

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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.

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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 that 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:

(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) cashier’s or certified cheque

(i) 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.

13.1 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;

(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.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the

parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.

14.1 As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

(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