What are the important dates and deadlines for this tender?

{"closingDate":"17 September 2026","closingTime":"11h00"}

Who should be contacted for queries about this tender?

{"name":null,"email":"supplychain@ffc.co.za","phone":null,"department":"drives the organisational effectiveness, cultural change,","address":"licies and Human"}

HR Policy Review, Procedures & Strategy Development

HR Policy Review, Procedures & Strategy Development – National Government Tender

Evaluation Criteria

Source: RFQ 2026_2027_09 HR Policies and governance READVERTISEMENT.pdf (RFQ)

The evaluation of this tender will be done in four 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

of 37

Evaluation process

7.1 Stage 1 – administrative requirements

Table 1: Administrative Requirements

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

of Oath declaring your B-BBEE contributor.

2 Tax pin certificate

3 Company Share Certificate

7.2 Stage 2 – mandatory requirements

Table 2: 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)

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

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.

of 37

7.3 Stage 4 – 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

conducting HR work. The reference references = 30 %

letters must be on the referring client’s ➢ 2contactable references =

letterhead, signed and dated and not 20 %

older than two years. ➢ 1contractable reference =

10%

➢ 0 contractable reference =

CV and The team leader must be in 30% 1 2 3 CV of the team

Qualification(s) possession of a minimum of a relevant ➢ 3 satisfies the min. Leader

NQF-Level 9 qualification in Human requirements = 30%

Resources. ➢ 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

of 27

this exercise. The main activities of ➢ 0 does not satisfy the min

the exercise, their content and requirements = 0

duration, phasing and interrelations,

milestones, and delivery dates of the

reports. The proposed work plan

should be consistent with the

approach and methodology.

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

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

three (3) years’ experience in the Human Resources field =

Human Resources field. 30 %

➢ 2 years’ experience in the

Human Resources field =

20 %

➢ 1 year experience in the

Human Resources field =

10%

➢ 0 experience in the

Human Resources field = 0

Total Points 100%

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

of 27

7.4 Stage 4 – price

Technical Specifications

Source: RFQ 2026_2027_09 HR Policies and governance READVERTISEMENT.pdf (RFQ)

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 Service Provider to (1) Analyse and review existing seventeen (17) Human Resources

Policies (2) Development of Procedures and Forms/Templates associated with the Policies

and Human Resources enterprise (3) Develop HR Strategy (4) Develop HR Plan.

The selected service provider must demonstrate proven expertise and sufficient capacity to

deliver these services efficiently, while adhering to the requirements and terms specified in

this document. Request for quotation documents can be downloaded from the FFC’s website:

www.ffc.co.za/ Bid Number: RFQ2026/2027/09.

The FFC Human Resources Unit drives the organisational effectiveness, cultural change,

teamwork and individual performance, staff engagement, communication as well as focussing

on talent management initiatives, moving away from being an administrative and

transactional function to an effective and efficient operational component.

The service provider will be required to (1) Analyse and review existing seventeen (17)

Human Resources Policies (2) Development of Procedures and Forms/Templates associated

with the Policies and Human Resources enterprise (3) Develop HR Strategy (4) Develop HR

Plan.

Duration of service

The contract period for this bid is for the duration of the project until completed and signed

off, not exceeding 31 December 2026.

Deliverabl

The key deliverables for the assignment include-

(1) Analyse and review existing seventeen (17) Human Resources Policies

Review the existing seventeen (17) human resources policies.
Analyse which policies are outdated, merge, must be changed and develop new policies

if needed.

of 37

Ensure compliance to legislation.

(2) Development of Procedures and Forms/Templates associated with the Policies

and Human Resources enterprise

Consider existing Human Resources forms and templates and review same.
Develop new forms/ templates associated with the Policies and Human Resources

enterprise.

Ensure compliance to legislation and FFC Policies.

(3) Develop HR Strategy

Develop the five-year HR Strategy 2025-2030 in line with the FFC Strategic Plan.
Develop and ensure that the employment equity strategy is in compliance to the

relevant legislative prescripts.

(4) Develop HR Plan

Develop the five-year HR Plan 2025-2030 in line with the FFC Strategic Plan.
Ensure that the HR Plan is in compliance to the relevant legislative prescripts.

Confidentiality of documents

All produced documents, regarding this assignment must be completed and handed over

to the FFC as they remain the property of the FFC.

Please note:

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

Town office at the following address:

Cape Town Offices:

11th floor, 33 Heerengracht Street, Cape Town.

Compliance Requirements

Source: RFQ 2026_2027_09 HR Policies and governance READVERTISEMENT.pdf (RFQ)

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 capability to

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)

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

CV and The team leader must be in 30% 1 2 3 CV of the team

Qualification(s) possession of a minimum of a relevant ➢ 3 satisfies the min. Leader

NQF-Level 9 qualification in Human

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.

S not a requirement to register for a tax compliance

B-BBEE Details: Number of points allocated Number of points

The Specific goals allocated points (80/20) (80/20)

Acceptable evidence

in terms of this bid (To be completed by the

(To be completed by FFC)

bidder)

Certified copy of ID documentsof

51% Black Women Owned 4

the Owner

Certified copy of ID Documentsof

51 % Black Youth Owned 4

the directors

CIPC Documents / Original or

51% Black Owned certified B-BBEE certificate 4

/affidavit

Audited Annual financial /origina

EME 51% Black Owned or certifiedcopyof B-BBEEcertified 6

certificate/ affidavit

Certified copy of ID documentsof

People living with disability the owner and doctor’s note 2

confirming the disability

Declaration with regard to company/firm

4.2 Name of

company/firm:........................................................................................

4.3 VAT registration

number:.....................................................................................

4.4 Company registration

number:..............................................................................

4.5 Type of company/ firm

(a) Partnership/Joint Venture / Consortium

(b) One person business/sole propriety

(d) Company

(e) (Pty) Limited

of 37

[Tick applicable box]

4.6 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the specific goals indicated in

paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the

preference(s) shown and I / we 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 awa

Health & Safety

Source: RFQ 2026_2027_09 HR Policies and governance READVERTISEMENT.pdf (RFQ)

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.

of 37

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.

Authority (NPA) for criminal investigation and or may be restricted from conducting

business with the public sector for a period not exceeding ten (10) years in terms of

the Prevention and Combating of Corrupt Activities Act No or any other

applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS1, 2 and 3

4.2 Name of

company/firm:........................................................................................

4.3 VAT registration

number:.....................................................................................

4.4 Company registration

number:..............................................................................

4.5 Type of company/ firm

(a) Partnership/Joint Venture / Consortium

(b) One person business/sole propriety

(d) Company

(e) (Pty) Limited

of 37

[Tick applicable box]

4.6 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the specific goals indicated in

paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the

preference(s) shown and I / we 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 6.1, the contractor may be required to furnish

documentary proof to the satisfaction of the purchaser 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 purchaser may,

in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered

as a result of that person’s conduct;

suffered as a result of having to make less favourable

arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and

directors, or only the shareholders and directors who acted on

a fraudulent basis, be restricted by the National Treasury 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 bidders(s)

Contractual Terms

Source: RFQ 2026_2027_09 HR Policies and governance READVERTISEMENT.pdf (RFQ)

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.

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.

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.

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.

of 37

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.

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.

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.

of 37

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

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.

of 37

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.

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.

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.

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.

of 37

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.

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

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

Applicable law

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

in SCC

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.

of 37

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.

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.

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: ......................................................

of 37

Sbd 4

Declaration of interest

Purpose of the form

Any person (natural or juristic) may make an offer or offers in terms of this invitation to

bid. In line with the principles of transparency, accountability, impartiality, and ethics as

enshrined in the Constitution of the Republic of South Africa and further expressed in

various pieces of legislation, it is required for the bidder to make this declaration in respect

of the details required hereunder. Where a person/s are listed in the Register for Tender

Defaulters and / or the List of Restricted Suppliers, that person will automatically be

disqualified from the bid process.

Bidder’s declaration

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

/partners of any person having controlling asset in the enterprise employed by

the state? YES / NO

2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if

applicable, state employee numbers of sole proprietor/ directors / trustees /

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

the enterprise, in table below.

2.1.2

Full Name Identity Number Name of State

Institution

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

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

of 37

2.2.1 If so, furnish particulars:

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

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

2.3 Does the bidder or any of its directors / trustees / shareholders / members /

partners or any person having a controlling interest in the enterprise have any

interest in any other related enterprise whether or not they are bidding for this

contract? YES/NO

2.3.1 If so, furnish particulars.

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

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.

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.

of 37

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;

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.

of 37

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.

Delays in the service provider’s performance