Design, edit, proofread, print, publish & deliver ffc publications – 24-Month national tender

{"name":"Contact number","email":"[email protected]","phone":null,"department":null,"address":"ervices Design, Edit, Proofread, Print, Publish and Deliver FFC"}

The evaluation of this tender will be done in stages namely-

Stage 1: Administrative Requirements

Stage 2: Mandatory Requirements.

Stage 3: Functionality Evaluation.

Stage 4: Bidders will be evaluated on Price and Specific goals as per PPR 2022.

7 evaluation process

Stage 1 – administrative requirements

Certified copy of the B-BBEE certificate or Sworn Affidavit sign by the

1 Commission of Oath declaring your B-BBEE contributor.

2 Tax pin certificate

3 Company Share Certificate

STAGE 2 - MANDATORY REQUIREMENTS: Standard bidding documents and other

eligibility criteria:

No Compulsory Documents to be submitted

1 Fully Completed Proposal

2 Signed and Completed Standard Bid Documents (SBD 1, 4 & 6.1)

3 Annexure A POPIA Compliance (completed and signed)

4 Fully Completed and signed pricing schedule (with a permanent ink)

Proof of registration with Central Supplier Database (CSD) or proof of

5 capability to register with CSD

Kindly note that failure to submit the required above mentioned

Compulsory documentation with the bid will result in your bid being

Disqualified without further consideration.

Stage 3: functionality criteria

Bidder will be required to satisfy the minimum requirements in terms of the criteria included

for this purpose. Bidders who do not meet the minimum requirement will be automatically

eliminated.

Weight (must sum up to Required

Criteria Requirement / Details Functionality Scoring Grid

100%) document

Reference The service provider must provide 30% 1 2 3 Reference

Letters three (3) written reference letters in ➢ 3 and more contactable letters

executing printing and publishing. The references = 30 %

reference letters must be on the ➢ 2contactable references =

referring client’s letterhead, signed 20 %

and dated and not older than two ➢ 1contractable reference =

years. 10%

➢ 0 contractable reference =

CV and The team leader must have five (5) 30% 1 2 3 CV of the team

Qualification(s) years and more experience in printing ➢ 3 satisfies the min. Leader

and publishing. requirements = 30%

➢ 2 partly satisfies the min.

requirements = 20%

➢ 1 only has a few of the

min requirements = 10%

➢ 0 does not satisfy the min

requirements = 0

Project Plan Provide a project plan and 10% 1 2 3 Methodology

and methodology clearly articulating the ➢ 3 satisfies the min. and plan

Methodology stages of the required services and requirements = 30% document

period of delivery with the project ➢ 2 partly satisfies the min.

duration. The service provider must requirements = 20%

explain their understanding of the ➢ 1 only has a few of the

objectives of this exercise, approach

min requirements = 10% and the methodology for carrying out

➢ 0 does not satisfy the min

this exercise. The main activities of the requirements = 0

exercise, their content and duration,

phasing and interrelations, milestones,

and delivery dates of the reports. The

proposed work plan should be

consistent with the approach and

methodology.

Company Profile Provide a company profile indicating 30% 1 2 3 Company Profile

that the bidder has a minimum of three ➢ 3 years’ experience in

(3) years’ experience in the printing and the printing and

publishing industry. publishing industry =

30 %

➢ 2 years’ experience in

the printing and

publishing industry =

20 %

➢ 1 year experience in

the printing and

publishing industry

= 10%

➢ 0 experience in the

printing and

publishing industry =

Total Points 100%

Based on the above, the minimum score for the Service Provider to proceed to the next phase is 70 points.

STAGE 4 – Pricing Schedule

Pricing Schedule-

1. The financial proposal for the work to be carried out must be inclusive of VAT.
2. The quotation must be valid for a minimum of sixty (60) days.
3. Bids that achieve the functionality requirements will be evaluated further in terms of the

preference point system, as follows:

Table 3

Criteria points

Price 80

Specific Goals 20

Total 100

Points

Bidders are required to complete the pricing schedule and sign.

Specific goals must be supported by B-BBEE Certificate/sworn affidavit to enable

assessment and verification of points claimed.

The Financial and Fiscal Commission (FFC) is an independent juristic entity subject only to

the Constitution, Financial and Fiscal Commission Act, 1997 (Act No ) and relevant

legislative prescripts. The Commission acts as a consultative body, makes recommendations

and gives advice to Parliament, provincial legislatures, organised local government and other

organs of State on the equitable division of revenue among the three spheres of government

and on any other financial and fiscal matters in terms of the Constitution and as provided for

in national legislation.

The purpose of this RFQ is to appoint a suitable qualified and experienced service provider

to provide FFC with services relating to the Design, Edit, Proofread, Print, Publish and Deliver

FFC publications for 24 months

These Terms of Reference invite potential Service Providers that possess the necessary

experience and capabilities to submit a proposal. Request for quotation documents can be

downloaded from the FFC’s website: www.ffc.co.za/ Bid Number: RFQ2026/2027/03.

3.1 The appointed contractor will be required to deliver on the following-

3.1.1 Design and layout of the FFC publications in line with the FFC corporate identity

guidelines.

3.1.2 Copywriting, proofreading and editing of the content to ensure consistent style and

appropriate language usage.

3.1.3 Packaging, printing production including usage of specific paper, managing printing

process and delivery of the FFC publications, the formatting and packaging of its publications.

3.1.4 Make provision of the PDF version of the FFC publications to be used for eBook that can

be published and hosted on FFC website; and

3.1.5 Delivery of the FFC publications to the address on of the request for quotation.

3.2 Content

The original content will be provided by FFC. The winning bidder will be expected to Design,

Edit and Proofread all the content provided.

4 duration of service

The services to be provided as and when required for a period of twenty-four (24) months.

5 deliverable

The key deliverables for the assignment include-

5.1 Design, edit and proofread

5.1.1 Development/Project Editing

Coordinating and editing projects from proposal or rough manuscript to final manuscript.

Incorporating input from FFC project manager. This may include budgeting, hiring, design

supervision and project co-ordination.

Read proofs of edited manuscript. Galley proofing may include incorporating and/or

exercising discretion on author's alterations; flagging locations of art and page references;

verifying computer codes.

Page proofing may include checking adherence to mock-up (rough paste-up), accuracy of

running heads, folios and changes made to type in mock-up, checking page breaks and

location of art, and inserting page numbers to table of contents and cross- references if

necessary.

This may also include checking Vandykes’ and colour mats (press proofs). Clarity and/ or

reorganize manuscripts for content and structure. Changes may be suggested to or drafted

by the FFC project manager. Clarity meaning, eliminating jargon, smoothing language and

other non-mechanical line-by- line editing of manuscripts. This may include checking or

correcting reading level; creating or recasting tables and/or figures; negotiating changes with

FFC project manager.

5.1.2 Rewriting and Copy editing and Production editing

Create new manuscripts or parts of manuscripts on the basis of content and research

supplied by FFC project manager. This may include some research and writing of original

material.

Edit for grammar, spelling, punctuation and other mechanics of style; checking for

consistency of mechanics and internal consistency of facts; marking head levels and

approximate placement of art; notifying designer of any unusual production requirements.

This may include providing or changing system of citations; writing or editing captions and/

or credit lines; writing running heads' listing permissions needed and/or obtaining them;

providing or editing preliminary examinations, back matter, cover copy and/or CIP data.

This may also include negotiating changes with FFC project manager. Co-ordinate

typesetting and design in the mock-up and assembly stages, includes ensuring integration of

design and content. This may include actual mark- up, proofing, mock-up, and page proofing,

indexing and I or checking Vandykes’ and colour mats.

This may also include locating, negotiating with and supervising designer, artist, typesetter,

and printer and creating production schedule.

5.1.3 Fact checking/ Reference checking and indexing.

Check accuracy of facts and/ or quotes by reference to original sources used by author and/or

from other sources. Produce and alphabetical list of names and places and/or subjects,

concepts and so forth that appear in a work.

5.1.4 Mark-up/ coding

Add designer-written specifications for typesetter or word processor. Producing a mock- up

from proofs and marking proofs for changes necessitated by mock-up. This may include

copy- fitting and/ or marking colour breaks.

5.1.5 Design

This involves typesetting, and layout of the documents according to Commission approved

designs ready in pdf for print.

Developing at least 3 concepts, sourcing stock images for each publication for Commission

choosing in terms of covers, chapter separators and content.

Formatting and layout of each publication, graphs, tables and images of the publications.

Effecting FFC Project Manager’s corrections and accurately capturing and/or reconstructing

tables and graphs where required. Sourcing and incorporating graphics where required.

Producing web-optimized content for the Commission website. Producing digital copies. Concept

design and producing publications in specified formats and quantities.

The following documents are estimated to be DESIGNED, EDITED AND PROOF READ on

an annual basis over two years (24 months). Note that this is an estimate for bidding purposes

and the final number of reports could be less or more depending on final approval by the

Ffc.

Estimated

number of

Estimated Number

Item pages,

of Documents Document and Date required

excluding

cover

Annual Submission for the Division of Revenue

1 1 (April-May)

Technical Reports

2 500 1 (April-May)

Policy Briefs

3 (April-May) 4

5.2 Print, publish and deliver

The following documents are estimated to be published and printed for a period of 24 months.

This is an estimate for bidding purposes, and the final number of reports could be less or

more depending on final approval by FFC.

Estimated

number of

Estimated Number

Item pages,

of Documents Document and Date required

excluding

cover

Annual Submission for the Division of Revenue

1 1 (April-May)

Technical Reports

2 20 1 (April-May)

Policy Briefs

3 (April-May) 10 of each

5.3 Other important information

5.3.1 Electronic copies to be provided as follows: Digital PDF format on the FFC

website and other online platforms.

5.3.2 The contractor will be expected to provide a project plan for the FFC

publications.

5.3.3 The FFC logo applications and corporate colour palate will only be made

available to the winning bidder.

5.3.4 The following must be taken into account-

Item Document Comment

Annual A4 – cover printed full colour both sides on 250 gsm

Submission for matt; text printed on 118 gsm gloss – pages full colour

1 the Division of throughout – PUR binding.

Revenue

A4 – cover printed full colour outside only on 250 gsm

2 Technical Report matt; text printed on 118 gsm gloss – pages full colour

throughout – PUR binding.

10 different types: A4 self-cover printed full colour

3 Policy Briefs throughout on 135 gsm gloss – pages full colour

throughout - saddle stitched.

5.4 Required competencies and skills

5.4.1 The Service Provider must have the following experience-

Design, Edit, Proofread Print, Publish and Deliver

• Project Manager corrections
• Developmental/Project
• Proofreading Editing
• Capturing/ reconstructing tables and graphs
• Rewriting
• Cover Design, Design, Formatting, Layout
• Production of colour or black and white proofs
• Copy and Production editing
• Production of digital copies, errata, lithograph
• Fact checking/Reference copies, mock-up, PDF proofs

checking

• Project Management
• Publication
• Indexing/Captioning
• Quality of products
• Mark-up/Coding
• Sourcing Design and Graphics
• Track changes and

Proofreading

• Typesetting and Design for

mock-up and assembly

stages

5.5 The Service Provider must be able to-

5.5.1 work under pressure.

5.5.2 In terms of an approved plan and where necessary work overtime.

5.5.3 Deliver products of an acceptable quality and standard.

5.5.4 Provide timely and regular editing production progress reports including any events

that may result in editing delays and impact on the FFC tabling and other statutory obligations.

5.6 The Service Provider must be locally based (South Africa).

Please note:

All required goods, services, and related engagements will take place at the FFC’s

Cape Town office at the following address-

11th floor, 33 Heerengracht Street, Cape Town.

3.1. The service rendered shall conform to the standards mentioned in the bidding documents and

specifications.

4. Use of contract documents and information; inspection

4.1. The service provider shall not, without the client’s prior written consent, contract disclose the contract, or

any provision thereof, or any specification, documents plan, drawing, pattern, sample, or information

furnished by or on and behalf of the client in connection therewith, to any person other information; than

a person employed by the service provider in the performance of the contract. Disclosure to any such

employed person shall be made in confidence and shall extend only so far as may be necessary for

purposes of such performance.

4.2. The service provider shall not, without the client’s prior written consent, make use of any document or

information mentioned in GCC clause except for purposes of performing the contract.

4.3. Any document, other than the contract itself mentioned in GCC Clause shall remain the property of the

client and shall be returned (all copies) to the client on completion of the service provider’s performance

under the contract if so required by the client.

4.4. The service provider shall permit the client to inspect the service provider’s records relating to the

performance of the service provider and to have them audited by auditors appointed by the client, if so

required by the client.

Tax compliance

Tax compliance requirements

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

Tcs pin is available but the bidder is registered on the central supplier

Csd number

Csd number must be provided

Central Supplier Database (CSD) or proof of

Central supplier database (csd), a csd number must be provided

2 Signed and Completed Standard Bid Documents (SBD 1, 4 & 6.1)

4 Fully Completed and signed pricing schedule (with a permanent ink)

Proof of registration with Central Supplier Database (CSD) or proof of

5 capability to register with CSD

CV and The team leader must have five (5) 30% 1 2 3 CV of the team

Qualification(s) years and more experience in printing ➢ 3 satisfies the min. Leader

2. Tax compliance requirements

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

Must submit a separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier

Database (csd), a csd number must be provided.

Hen IT is not a requirement to register for a tax compliance

Points Allocation: 00 points

B-BBEE Details: ce Provider must be locally based (South Africa).

Please note:

All required goods, services, and related engagements will take place at the FFC’s

Cape Town office at the following address-

11th floor, 33 Heerengracht Street, Cape Town.

6 evaluation criteria

The evaluation of this tender will be done in stages namely-

Stage 1: Administrative Requirements

Stage 2: Mandatory Requirements.

Stage 3: Functionality Evaluation.

Stage 4: Bidders will be evaluated on Price and Specific goals as per PPR 2022.

7 evaluation process

Stage 1 – administrative requirements

Certified copy of the B-BBEE certificate or Sworn Affidavit sign by the

1 Commission of Oath declaring your B-BBEE contributor.

2 Tax pin certificate

3 Company Share Certificate

STAGE 2 - MANDATORY REQUIREMENTS: Standard bidding documents and other

eligibility criteria:

No Compulsory Documents to be submitted

1 Fully Completed Proposal

2 Signed and Completed Standard Bid Documents (SBD 1, 4 & 6.1)

3 Annexure A POPIA Compliance (completed and signed)

4 Fully Completed and signed pricing schedule (with a permanent ink)

Proof of registration with Central Supplier Database (CSD) or proof of

5 capability to register with CSD

Kindly note that failure to submit the required above mentioned

Compulsory documentation with the bid will result in your bid being

Disqualified without further consideration.

Stage 3: functionality criteria

Bidder will be required to satisfy the minimum requirements in terms of the criteria included

for this purpose. Bidders who do not meet the minimum requirement will be automatically

eliminated.

Weight (must sum up to Required

Criteria Requirement / Details Functionality Scoring Grid

100%) document

Reference The service provider must provide 30% 1 2 3 Referen

experience and capabilities to submit a proposal. Request for quotation documents can be

downloaded from the FFC’s website: www.ffc.co.za/ Bid Number: RFQ2026/2027/03.

3. Scope of work

3.1 The appointed contractor will be required to deliver on the following-

3.1.1 Design and layout of the FFC publications in line with the FFC corporate identity

guidelines.

3.1.2 Copywriting, proofreading and editing of the content to ensure consistent style and

appropriate language usage.

3.1.3 Packaging, printing production including usage of specific paper, managing printing

process and delivery of the FFC publications, the formatting and packaging of its publications.

3.1.4 Make provision of the PDF version of the FFC publications to be used for eBook that can

be published and hosted on FFC website; and

3.1.5 Delivery of the FFC publications to the address on of the request for quotation.

3.2 Content

from other sources. Produce and alphabetical list of names and places and/or subjects,

concepts and so forth that appear in a work.

5.1.4 Mark-up/ coding

3 (April-May) 4

5.2 Print, publish and deliver

The following documents are estimated to be published and printed for a period of 24 months.

2.1. Unless otherwise indicated in the bidding documents, the client 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.

2.2. 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

2.1. Rendering of service shall be made by the service provider in accordance with the document and

terms as specified in the contract. The details of shipping and/or other documents to be

furnished by the service provider are specified in SCC.

2.2. Documents to be submitted by the service provider are specified in SCC.

21.1. Every written acceptance of a bid shall be posted to the service provider 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 services of such notice.

21.2. 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.

6.1. The service provider warrants that the service rendered 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 service provider further

warrants that all service rendered under this contract shall have no defect, arising from design,

materials, or workmanship (except when the design and/or material is required by the client’s

specifications) or from any act or omission of the service provider, that may develop under

normal use of the rendered service in the conditions prevailing in the country of final

destination.

6.2. This warranty shall remain valid for twelve (12) months after the service, 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.

6.3. The client shall promptly notify the service provider in writing of any claims arising under this

warranty.

6.4. If the service provider, having been notified, fails to remedy the defect(s) within the period specified

in SCC, the client may proceed to take such remedial action as may be necessary, at the service

provider’s risk and expense and without prejudice to any other rights which the client may have

against the service provider under the contract.

7. Payment

7.1. The method and conditions of payment to be made to the service provider under this

contract shall be specified in SCC.

7.2. The service provider shall furnish the client with an invoice accompanied by a copy of the delivery

note and upon fulfilment of other obligations stipulated in the contract.

7.3. Payments shall be made promptly by the client, but in no case later than thirty (30) days after

submission of an invoice or claim by the service provider.

7.4. Payment will be made in South African Rand unless otherwise stipulated in SCC.

8. Prices

8.1. Prices charged by the service provider for services performed under the contract shall not vary from

the prices quoted by the service provider in his bid, with the exception of any price adjustments

authorized in SCC or in the client’s request for bid validity extension, as the case may be.

9. Contract amendments

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

amendment signed by the parties concerned.

10. Assignment

10.1. The service provider shall not assign, in whole or in part, its obligations to perform under the

contract, except with the client’s prior written consent.

11. Subcontracts

11.1. The service provider shall notify the client 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

service provider from any liability or obligation under the contract.

12. Delays in the service provider’s performance

12.1. Performance of services shall be made by the service provider in accordance with the time schedule

prescribed by the client in the contract.

12.2. If at any time during performance of the contract, the service provider or its subcontractor(s) should

encounter conditions impeding timely performance of services, the service provider shall promptly

notify the client in writing of the fact of the delay, its likely duration and its cause(s). As soon as

practicable after receipt of the service provider’s notice, the client shall evaluate the situation and

may at his discretion extend the service provider’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.

12.3. 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.

12.4. The right is reserved to procure outside of the contract small quantities or to have minor essential

services executed if an emergency arises, the service provider’s point of supply is not situated at or

near the place where the supplies are required, or the service provider’s services are not readily

available.

12.5. Except as provided under GCC Clause 25, a delay by the service provider in the performance of its

delivery obligations shall render the service provider 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.

12.6. Upon any delay beyond the delivery period in the case of a supplies contract, the client shall, without

cancelling the contract, be entitled to purchase service of a similar quality and up to the same quantity

in substitution of the service not rendered in conformity with the contract and to return any service

rendered later at the service provider’s expense and risk, or to cancel the contract and buy such

service as may be required to complete the contract and without prejudice to his other rights, be

entitled to claim damages from the service provider.

13. Penalties

13.1. Subject to GCC Clause 25, if the service provider fail to perform services within the period(s) specified

in the contract, the client 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 unperformed

services using the current prime interest rate calculated for each day of the delay until actual delivery

or performance. The client may also consider termination of the contract pursuant to GCC Clause

24. Termination for default

14.1. The client, without prejudice to any other remedy for breach of for default contract, by written notice

of default sent to the service provider, may terminate this contract in whole or in part:

a) if the service provider fails to deliver service within the period(s) specified in the contract, or

within any extension thereof granted by the client pursuant to GCC Clause 21.2;

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

c) if the service provider, in the judgment of the client, has engaged in corrupt or fraudulent

practices in competing for or in executing the contract.

14.2. In the event the client terminates the contract in whole or in part, the client may procure, upon such

terms and in such manner as it deems appropriate, services similar to those undelivered, and the

service provider shall be liable to the client for any excess costs for such similar services. However,

the service provider shall continue performance of the contract to the extent not terminated.

14.3. Where the client terminates the contract in whole or in part, the client may decide to impose a

restriction penalty on the service provider by prohibiting the service provider from doing business

with the public sector for a period not exceeding 10 years.

14.4. If the client intends imposing a restriction on the service provider or any person associated with the

service provider, the service provider 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 service

provider fail to respond within the stipulated fourteen (14) days the client may regard the intended

penalty as not objected against and may impose it on the service provider.

14.5. 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.

14.6. If a restriction is imposed, the client must, within five (5) working days of such imposition, furnish the

National Treasury, with the following information:

(i) the name and address of the service provider and / or person restricted by the client;

(ii) the date of commencement of the restriction; and

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of the service providers or

persons prohibited from doing business with the public sector.

14.7. 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 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.

15. Force Majeure

15.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the Majeure the service provider 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.

15.2. If a force majeure situation arises, the service provider shall promptly notify the client in writing of

such condition and the cause thereof. Unless otherwise directed by the client in writing, the service

provider 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.

16. Termination for insolvency

16.1. The client may at any time terminate the contract by giving written notice to the service provider if

the service provider becomes bankrupt or otherwise insolvent. In this event, termination will be

without compensation to the service provider, provided that such termination will not prejudice or

affect any right of action or remedy which has accrued or will accrue thereafter to the client.

17. Settlement of Disputes

17.1. If any dispute or difference of any kind whatsoever arises between the client and the service provider

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.

17.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual

consultation, then either the client or the service provider 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.

17.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in a South

African court of law.

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

Scc.

17.5. 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 client shall pay the service provider any monies due the service provider.

18. Limitation of liability

18.1. Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant

to Clause 6;

(a) the service provider shall not be liable to the client, 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 service

provider to pay penalties and/or damages to the client; and

(b) the aggregate liability of the service provider to the client, 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

19. Governing language

19.1. 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

20. Applicable law

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

in SCC

21. Notices

21.1. Every written acceptance of a bid shall be posted to the service provider 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 services of such notice.

21.2. 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.

22. Taxes and duties

22.1. A foreign the service provider shall be entirely responsible for all taxes, stamp

duties, license fees, and other such levies imposed outside the client’s country.

22.2. A local the service provider shall be entirely responsible for all taxes, duties,

license fees, etc., incurred until delivery of the contracted service to the client.

22.3. 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.

23. National Industrial Participation (NIP) Programme

23.1. The NIP Programme administered by the Department of Trade and Industry

shall be applicable to all contracts that are subject to the NIP obligation.

The bidder hereby accept the general conditions of the contract.

Signature of bidder: ...................................................

Capacity under which this bid is signed: ...................................................

(Proof of authority must be submitted e.g. company resolution)

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

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 client and the service provider, as

recorded in the contract form signed by the parties, including all attachments and appendices thereto

and all documents incorporated by reference herein.

1.3. “Contract price” means the price payable to the service provider 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. “Day” means calendar day.

1.7. “Delivery” means delivery in compliance of the conditions of the contract or order.

1.8. ”Force majeure” means an event beyond the control of the service provider and not involving the

service provider’s fault or negligence and not foreseeable.

1.9. Such events may include, but is not restricted to, acts of the client in its sovereign capacity, wars or

revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.10. “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.

1.11. “GCC” means the General Conditions of Contract.

1.12. “Goods” means all of the equipment, machinery, service and/or other materials that the

service provider is required to supply to the client under the contract.

1.13. “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 service provider 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.

1.14. “Local content” means that portion of the bidding price which is not included in the

imported content provided that local manufacture does take place.

1.15. “Order” means an official written order issued for the rendering of a service.

1.16. “Project site,” where applicable, means the place indicated in bidding documents.

1.17. “The client” means the organization purchasing the service.

1.18. “Republic” means the Republic of South Africa.

1.19. “SCC” means the Special Conditions of Contract.

1.20. “Services” means that functional services ancillary to the rendering of the service, 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 service provider covered under the contract.

1.21. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical

writing.

5.1. The service provider shall indemnify the client against all third-party claims of infringement of patent,

trademark, or industrial design rights arising from use of the service or any part thereof by the client.

6.1. Within thirty (30) days of receipt of the notification of contract award, security the successful bidder shall

furnish to the client the performance security of the amount specified in SCC.

6.2. The proceeds of the performance security shall be payable to the client as compensation for any loss

resulting from the service provider’s failure to complete his obligations under the contract.

6.3. The performance security shall be denominated in the currency of the contract or in a freely convertible

currency acceptable to the client 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 client’s

country or abroad, acceptable to the client, in the form provided in the bidding documents or another

form acceptable to the client; or

(b) a cashier’s or certified cheque

6.4. The performance security will be discharged by the client and returned to the service provider not later

than thirty (30) days following the date of completion of the service

provider’s performance obligations under the contract, including any warranty obligations, unless otherwise

specified in SCC.

5.1. The service provider 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

rendered service;

(b) furnishing of tools required for assembly and/or maintenance of the rendered service;

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

rendered service;

(d) performance or supervision or maintenance and/or repair of the rendered service, for a period

of time agreed by the parties, provided that this service shall not relieve the service provider

of any warranty obligations under this contract; and

(e) training of the client’s personnel, at the service provider’s plant and/or on-site, in assembly,

start-up, operation, maintenance, and/or repair of the rendered service.

5.2. Prices charged by the service provider for incidental services, if not included in the contract price for

the service, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates

charged to other parties by the service provider for similar services.

6. Warranty

6.1. The service provider warrants that the service rendered 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 service provider further

warrants that all service rendered under this contract shall have no defect, arising from design,

materials, or workmanship (except when the design and/or material is required by the client’s

specifications) or from any act or omission of the service provider, that may develop under

normal use of the rendered service in the conditions prevailing in the country of final

destination.

6.2. This warranty shall remain valid for twelve (12) months after the service, 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.

6.3. The client shall promptly notify the service provider in writing of any claims arising under this

warranty.

6.4. If the service provider, having been notified, fails to remedy the defect(s) within the period specified

in SCC, the client may proceed to take such remedial action as may be necessary, at the service

provider’s risk and expense and without prejudice to any other rights which the client may have

against the service provider under the contract.

11.1. The service provider shall notify the client 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

service provider from any liability or obligation under the contract.

12. Delays in the service provider’s performance

12.1. Performance of services shall be made by the service provider in accordance with the time schedule

prescribed by the client in the contract.

12.2. If at any time during performance of the contract, the service provider or its subcontractor(s) should

encounter conditions impeding timely performance of services, the service provider shall promptly

notify the client in writing of the fact of the delay, its likely duration and its cause(s). As soon as

practicable after receipt of the service provider’s notice, the client shall evaluate the situation and

may at his discretion extend the service provider’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.

12.3. 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.

12.4. The right is reserved to procure outside of the contract small quantities or to have minor essential

services executed if an emergency arises, the service provider’s point of supply is not situated at or

near the place where the supplies are required, or the service provider’s services are not readily

available.

12.5. Except as provided under GCC Clause 25, a delay by the service provider in the performance of its

delivery obligations shall render the service provider 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.

12.6. Upon any delay beyond the delivery period in the case of a supplies contract, the client shall, without

cancelling the contract, be entitled to purchase service of a similar quality and up to the same quantity

in substitution of the service not rendered in conformity with the contract and to return any service

rendered later at the service provider’s expense and risk, or to cancel the contract and buy such

service as may be required to complete the contract and without prejudice to his other rights, be

entitled to claim damages from the service provider.

13.1. Subject to GCC Clause 25, if the service provider fail to perform services within the period(s) specified

in the contract, the client 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 unperformed

services using the current prime interest rate calculated for each day of the delay until actual delivery

or performance. The client may also consider termination of the contract pursuant to GCC Clause

14.1. The client, without prejudice to any other remedy for breach of for default contract, by written notice

of default sent to the service provider, may terminate this contract in whole or in part:

a) if the service provider fails to deliver service within the period(s) specified in the contract, or

within any extension thereof granted by the client pursuant to GCC Clause 21.2;

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

c) if the service provider, in the judgment of the client, has engaged in corrupt or fraudulent

practices in competing for or in executing the contract.

14.2. In the event the client terminates the contract in whole or in part, the client may procure, upon such

terms and in such manner as it deems appropriate, services similar to those undelivered, and the

service provider shall be liable to the client for any excess costs for such similar services. However,

the service provider shall continue performance of the contract to the extent not terminated.

14.3. Where the client terminates the contract in whole or in part, the client may decide to impose a

restriction penalty on the service provider by prohibiting the service provider from doing business

with the public sector for a period not exceeding 10 years.

14.4. If the client intends imposing a restriction on the service provider or any person associated with the

service provider, the service provider 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 service

provider fail to respond within the stipulated fourteen (14) days the client may regard the intended

penalty as not objected against and may impose it on the service provider.

14.5. 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.

14.6. If a restriction is imposed, the client must, within five (5) working days of such imposition, furnish the

15.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the Majeure the service provider 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.

15.2. If a force majeure situation arises, the service provider shall promptly notify the client in writing of

such condition and the cause thereof. Unless otherwise directed by the client in writing, the service

provider 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.

16.1. The client may at any time terminate the contract by giving written notice to the service provider if

the service provider becomes bankrupt or otherwise insolvent. In this event, termination will be

without compensation to the service provider, provided that such termination will not prejudice or

affect any right of action or remedy which has accrued or will accrue thereafter to the client.

17.1. If any dispute or difference of any kind whatsoever arises between the client and the service provider

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.

17.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual

consultation, then either the client or the service provider 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.

17.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in a South

18.1. Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant

to Clause 6;

(a) the service provider shall not be liable to the client, 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 service

provider to pay penalties and/or damages to the client; and

(b) the aggregate liability of the service provider to the client, 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