Training services with catering for the eastern cape department of health (SCMU3-26/27-0739-CH)

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A briefing session will be held on 11 September 2026 at 11:00 via Microsoft Teams. Meeting ID: 313 315 359 856 818, Passcode: PB3W7Lt9. Link: https://teams.microsoft.com/meet/313315359856818?p=p5lJP9BGcg9P6rs1Gq

{"name":"Mrs P Williams","email":"[email protected]","phone":"045 839 2190","department":"of Health acting for and on","address":"CONTACT PERSON Mrs P Williams PERSON Ms P. Zono"}

Returnable Documents: manual of the course, proof of accreditation as well as the qualification of facilitators.

Bidders must submit the following with their bids: completed and signed Invitation to Bid (SBD1), Pricing Schedule (SBD 3.2), Declaration of Interest (SBD 4), Preference Points Claim Forms (SBD 6.1), qualifications and experience details (Schedule D), organizational type (Schedule E), organizational structure (Schedule F), details of nearest office (Schedule G), financial particulars (Schedule H), and any other required forms. For consortia/JVs, a copy of the JV agreement must be submitted. Proof of authority for signatory must be provided.

Bidders must complete and sign the SBD1 Invitation to Bid form, be registered on the CSD, and provide a valid SARS Tax Compliance Status (PIN or CSD number). Bidders must not be persons in the service of the state. For consortia/joint ventures, a valid agreement and lead member nomination are required. Bidders must submit proof of B-BBEE status (certificate or sworn affidavit for EMEs/QSEs) to qualify for preference points. Mandatory requirements include: relevant SETA accreditation, qualified facilitators with proof of qualifications and registration, and a minimum functionality score of 65 out of 100.

Provisions

The Skills Development Act (Act No. ) requires that the skill of the department be

developed according to the identified needs so that their performance can improve and the

strategic goals of the department can be achieved. This Act was also introduced to maximize

the quality of production and the services

Program.

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6. Submit copy of summarized training ▪ Copy of summarized training 20

manual with course content relevant to manuals with relevant content for

the objectives of the course.

Item criteria comply evidence points

[Yes/no]

7. (Summarized Extract that will be < Microsoft Office 365 Suite - 20

covered from your training material not Basic Computer = 10points

the entire book)

= Microsoft Office

365 Suite – Advanced

Computer Training= 10 points

▪ No relevant manuals or content =

0 points

Total points 100

A bidder that scores less than 65 points out of 90 in respect of functionality will be regarded

as non-responsive and will be disqualified. Only bidders that obtain a minimum of

65 points will qualify for further evaluation in terms of price. All points scored by qualifying bidders

will not be taken into consideration for price evaluation.

22.4 Stage 4: price and specific goals

Responsive bids which comply with the 2nd stage evaluation will be evaluated on the 80/20-

preference point system in terms of The Preferential Procurement Policy Framework Act, 2000

(act ) and Preferential Regulations, 2022. In terms of regulation 6 of the preferential

procurement regulations pertaining to The Preferential Procurement Policy Act (Act ),

responsive bids will be adjudicated by the department on the 80/20- preference points system

in terms of which points are awarded to bidders based on:

• The bid price (maximum 80 points)
• Specific goals (maximum 20 points)

The following formula will be used to calculate the points for price:

Ps=80(1-Pt-P min)

P min

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

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The following table must be used to calculate the score out of 20 points for Specific Goals:

-Specific Goals Contribution Weighting (of 20 Number of points

Points)

(80/20 system)

Historically Disadvantage 20% 4

Individuals:

Women 20% 4

Youth 20% 4

Locality 20% 4

Disability 20% 4

Total 100% 20

a) A tender must submit proof of its Specific Goals.

b) A tenderer failing to submit proof of specific Goals will not be disqualified, but will only score

point out of 80 price, and scores 0 points out of 20 for Specific Goals.

c) The Specific Goals supporting documents required to verify claimed points may in line with the

specific requirements include:

• CIPC Certificate reflecting percentage ownership or controlling interest OR CSD report

reflecting percentage ownership as verified from CIPC and ID copies (must be certified

with original stamp within 3 months from closing date of bid/quote):

• Medical Certificate / Doctor’s medical report (Impairment should be substantially

limiting long term or of recurring nature)

• Municipal accounts or affidavit from commissioner of oaths or letter from ward

councilor confirming proof of address

• Letter from Department of Military Veterans confirming the status.

The points scored for the specific goal shall be added to the points scored for price and the

total shall be rounded off to the nearest two decimal places.

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Part 2

Conditions of Contract and Operational Requirements

1 contract

1.1. The service provider for the supply of the required Service in terms of this invitation to bid shall

come into being on the date of issue of the letter of acceptance of the bidders bid by the Eastern

Cape Department of Health (ECDoH). The bidder is further obliged for future support while the

contract is in force.

1.2. Service provider must provide learning material and training manuals.

1.3. Facilitators must be registered with relevant professional body. Proof of registration to be

submitted with the bid documents.

1.4. Summarised copy of training manuals must be submitted for evaluation with the bid on the

closing date.

1.5. Service provider must be a registered training provider.

1.6. Service provider must provide catering as stated on bid strategy

1.7. The department of health will provide venues for training.

2. Fees and charges

2.1 Payment of any consideration in terms of the contract shall not constitute acceptance of any

defective or non-conforming Services or otherwise relieve service provider of any of its

obligations under the contract.

2.2 To the extent that the ECDoH disputes the correctness, nature, extent or calculation of any fees

or expenses payable to service provider in terms of the contract, ECDoH shall be entitled to

withhold payment of such disputed amounts until such time as such dispute is resolved.

3. General responsibilities of the contractor

3.1 The ECDoH’s operational requirements. The service provider shall, in the provision of the

required service, have due regard to the operational requirements of the ECDoH and other

parties occupying or operating from the relevant institution, and shall not do, or permit to be done,

anything which may negatively impact on such parties’ operational requirements.

3.2 Problem identification and reporting. The service provider shall be proactive in reporting any

matters which it may become aware of which may impact on the business continuity or operations

of the ECDoH at the relevant institution, clinic and office. Without detracting from the generality

of this statement.

3.3 Other Service Providers: The service provider acknowledges that it may be required to

provide the Services in conjunction with third party service providers and shall, where

requested by the ECDoH, co-operate fully with such people.

3.4 Regulations and statutes: The service provider shall, in the provision of the Services observe

and comply with all relevant provisions of all applicable legislation and regulations.

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3.5 Compliance with procedures.

It is recorded that during the currency of the contract the ECDoH may implement procedures

and policies at the relevant Institution. The service provider shall comply fully with any such

reasonable procedures and policies, including the permit to work procedures and health and

safety procedures.

3.6 The service provider shall ensure that it and its personnel shall at all times comply fully with

any safety, fire, emergency and security procedures and policies applicable at the relevant

Institution.

3.7 Should the ECDoH at any time believe that any member of service provider personnel is failing

to comply with any such procedures or policies, the ECDoH shall be entitled to deny such

personnel member access to the relevant premises and require contractor to replace such

person without delay.

3.8 Contractor’s procedures: The service provider shall, upon receipt of written request from the

ECDoH or its appointed Technical Support Manager at the relevant Institution

Provide the ECDoH with copies of all contractor’s operating procedures and processes relating

to the Services;

3.9 Provision of Services in clean and tidy manner. The service provider shall ensure that the

Services are provided in a clean and tidy manner.

3.10 Service reports: The service provider shall, upon written request from the DOH or its

appointed. Hospital Manager, provide the DOH with such reports relating to the Service as may

be stipulated in the Specifications, or as may be reasonably required by the DOH or its

appointed Hospital Manager to determine whether service provider is providing the Services in

accordance with the terms and conditions of the contract.

4. Hazardous materials

The service provider will be held liable for any expenses that may be incurred by the ECDOH

as a result of damage to property and injury to personnel as a result of poor quality products.

5. Fire risks

The service provider shall ensure that its personnel shall, if at any time they believe that any

matter constitutes a fire risk, report this immediately to the ECDoH/Institution and take such

remedial action as may be necessary.

6. Energy management

The service provider shall comply fully with the energy management strategy implemented at

the relevant Institution from time to time and shall provide the Services in an energy efficient

manner.

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7. Occupational health and safety

In this clause the term “Act” shall mean the Occupational Health & Safety Act, No. ,

as amended from time to time, (including any act which may take its place should it be repealed

during the currency of the agreement between the parties) as read with all regulations and

standards promulgated in terms of the former Machinery and Occupational Act, No ,

as amended, and all regulations & standards promulgated in terms of the Occupational Health

& Safety Act from time to time;

The service provider:-

❖ acknowledges that he is fully aware of the terms and conditions of the Act;

❖ acknowledges that he is an employer in its own right with duties and responsibilities as

prescribed in the Act;

❖ agrees to comply with all rules and regulations implemented by or on behalf of the

ECDoH at the relevant Institution in covering letter relating to health and safety and will

inform the ECDoH immediately should contractor for any reason be unable to comply

with the provisions of the Act and such rules and regulations.

8. Service level agreement

It is recorded that the ECDoH and the service provider may from time to time agree in writing

to additional quality requirements (whether engaged in a service contract or when repair is

required out of guarantee without the maintenance contract option) and standards relating to

the maintenance together with performance measurement provisions, which quality

requirements, performance measurement provisions shall be reduced to writing in a service

level agreement if required and signed by both parties.

9. Performance measurement provisions

9.1 Introduction.

Service provider shall provide the Services during the term of the contract in compliance with

the quality and related standards stipulated in the Specifications, Bid Conditions and the

service level agreement (if any) contemplated in clause 11 above.

The provisions of Clause 10 document contains the manner in which contractor’s performance

will be measured throughout the term of the contract.

9.2 Compliance. For purposes of the contract the compliance by service provider with the

stipulated responsibilities and service standards will be determined: -

▪ with reference to reports provided by service provider.

▪ with reference to reports or complaints received from third parties.

▪ by means of user satisfaction surveys conducted by ECDoH

▪ by means of service reviews, inspections or any audit carried out by or on behalf of the

ECDoH.

9.3 Records. Service provider shall at all times keep full and accurate records of all services

provided in terms of the contract and shall retain such records for the currency of the contract.

Upon termination of the contract such records must be provided to the ECDoH upon request.

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9.4 Measurement of performance

▪ Periodic checks: ECDoH and/or its appointed Technical Support Manager shall carry out

periodic checks (the intervals to be determined by ECDoH) the purpose of which shall be

to determine whether service provider is providing the services in accordance with the

terms and conditions of the contract if accepted by ECDoH.

▪ Service complaints: All service complaints, deviations, non-conforming services and

suggestions that are reported to service provider by ECDoH, its appointed facilities

manager, or any other party, shall be given proper and speedy consideration by service

provider. The service provider shall investigate complaints, deviations and non-conforming

services in accordance with procedures approved by the ECDoH.

▪ User satisfaction survey: A user satisfaction survey shall be conducted by ECDoH at such

intervals as ECDoH may determine to assess service user satisfaction. The user

satisfaction survey shall be conducted in such form and in accordance with such

procedures as the parties may agree to in writing from time to time.

9.5 Results of checks, audits and surveys ECDoH shall be entitled to utilise the findings

of the surveys, checks, audits and reports contemplated above to determine compliance by

service provider with the service standards and responsibilities stipulated in the contract. It is

recorded that the results of the above checks shall, save to the extent that service provider can

prove otherwise be binding on service provider and ECDoH shall be entitled to exercise its

remedies stipulated in the contract based on such findings.

10. Breach and termination

Bidders are referred to Paragraph 23 of General Conditions of Contract (GCC) relating to

failure to comply with conditions of this contract.

11. Loss and damage

Service provider hereby indemnifies the State, and will hold the State harmless, against any

loss or damages which the State may suffer, or any claims lodged against the State by any

third party arising out of or relating to any loss that the State or such third party may suffer as

a result of, or arising out of any act or omission of any personnel of service provider or the

failure of service provider to provide the services in accordance with the provisions of the

contract.

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Part 4 - specification /terms of reference

1.1. The training provider must have qualified and accredited facilitators, assessors and

moderators with valid certificates and qualifications documents.

1. Detailed Course Outlines

1.1. Core Training Areas based on user requirements, job functionality and skills

audit outcomes which are as follows:

Microsoft Office 365 Suite – 4IR Readiness Training

Technical IT Skills

1.1.1. Microsoft Office 365 Suite - 4IR Readiness Training

❖ Word

❖ Excel (Hybrid combination)

o Basic: Interface navigation, data entry, basic formatting, SUM/AVERAGE

functions.

o Intermediate: Pivot tables, conditional formatting, VLOOKUP, data validation.

❖ PowerPoint (Virtual / Online)

o Basic: Slide creation, basic transitions, image/text formatting.

o Intermediate& Advanced: Multimedia integration, animations, storytelling

techniques. Custom templates, interactive elements, large presentation

management.

❖ Teams (Virtual / Online)

o Basic: Account setup, chats, basic meeting features.

o Intermediate& Advanced: Collaboration tools, file sharing, integration with

Office 365.Webinar hosting, Power Automate workflows, security settings.

❖ Outlook

❖ Share Point (Virtual / Online)

❖ Power BI (Virtual / Online)

Note Well:

• The Facilitator MUST Have experience in facilitating computer training from Basic,

Intermediate to advance commensurate to the package bidding for.

• Service Provider to provide for meals, learning material, and training manuals

• Department will provide venues.

• Service providers must provide certificate of competency after completion of training

for the participants.

• Service Provider must provide documentary proof of accreditation by the relevant

SETA/QCTO/Accreditation body for this programme.

• Service provider must provide a complete breakdown of pricing per each training

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package as outlined in the pricing structure

• Provide qualified facilitators for the facilitation of the programme.
• Provide course breakdown in line with unit standards and a training delivery plan.
• Provide references as proof where this training was conducted
• All logistics must be done prior to the commencement of the course.
• On submission of the proposal, the service provider must also provide sample for the

manual of the course, proof of accreditation as well as the qualification of facilitators.

NB: Basic computer skills the training will be divided into 3 groups (20 participants in each

class) and it will be scheduled for different dates, this arrangement is a result of limited

functional computer labs in the district.

Legal framework

This bid and all contracts emanating there from will be subject to the General Conditions of

Contract issued in accordance with Chapter 16A of the Treasury Regulations published in

terms of the Public Finance Management Act, 1999 (Act ). The other Special

conditions of Contract are supplementary to that of the General Conditions of Contract.

Where, however, the Special conditions of Contract are in conflict with the General conditions

of Contract, the Special conditions of contract prevail.

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Part 5:

Schedule A

Government Procurement

General Conditions of Contract

Annexure A

Notes

The purpose of this document is to:

(i) Draw special attention to certain general conditions

applicable to government bids, contracts and orders; and

(ii) To ensure that clients be familiar with regard to the rights

and obligations of all parties involved in doing business

with government.

In this document words in the singular also mean in the plural and vice versa and words in the

masculine also mean in the feminine and neuter.

The General Conditions of Contract (GCC) will form part of all bid documents and may not be

amended.

Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately

for every bid (if applicable) and will supplement the General Conditions

of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.

Table of clauses

1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts

5.1 The bidder must submit details regarding the bid price for the Services on the Pricing Schedule

form/s attached as Part 5 – Schedule B which completed form/s must be submitted together

with the bid documents.

5.2 Pricing must be stipulated INCLUSIVE OF VALUE ADDED TAX

5.3 It is an express requirement of this invitation to bid that the bidders provide some transparency

in respect to their pricing approach. In this regard, bidders must indicate the basis on which

they have calculated their pricing by completing all aspects of the Pricing Schedule form Part

5 – Schedule B.

of each facilitator,

assessor/moderator = 10

▪ No proof = 0

4. Do you have competent administration ▪ Submit CV’ and a list of all 5

personnel with a project management administration staff with a

skill (minimum of 2) who will be directly

involved in the project = 5

5. Do you have a Project Plan, and Implementation Plan with course 15

breakdown, Training Methodology and Approach for each training

Approach

Invitation to Bid (SBD 1)

Part 1 – Conditions of Bid

Part 2 – Conditions of Contract and Operational Requirements

Part 3 – Bid Strategy

Part 4- Specifications

Part 5 – Bid Forms and related documentation

Schedule A – Government Procurement: General Conditions of Contract

Schedule B – Pricing Schedule (SBD 3.2)

Schedule C – Declaration of Interest (SBD 4)

Schedule D – Qualifications and Experience

Schedule E – Organizational Type

Schedule F – Organizational Structure

Schedule G – Details of Bidder`s nearest office

Schedule H – Financial Particulars

Schedule I – Preference Points Claim Forms (SBD 6.1)

with their bid of their experience in the relevant trade together with present contracts

(description of contract, contract period, contact person and telephone numbers). These

details should be submitted together with the bid on the form attached as Part 5 – Schedule D.

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[Yes/no]

1. Experience in providing ▪ Experience in conducting 10

[Yes/no]

3. Do facilitators have relevant Submit Minimum of facilitators 3 x CVs per 20

qualifications? Are they registered with Level bidding for:

relevant accreditation with SETAs as

facilitators ▪ Proof of relevant qualifications =

(ND: Computer Systems, and

or more of the above qualifications

as evidence = 10 points

▪ Proof of registration/accreditation

of at least One Assessor

▪ Assessor/Moderator Must submit

loss or damages which the State may suffer, or any claims lodged against the State by any

third party arising out of or relating to any loss that the State or such third party may suffer as

a result of, or arising out of any act or omission of any personnel of service provider or the

failure of service provider to provide the services in accordance with the provisions of the

contract.

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Part 4 - specification /terms of reference

1.1. The training provider must have qualified and accredited facilitators, assessors and

moderators with valid certificates and qualifications documents.

• The Facilitator MUST Have experience in facilitating computer training from Basic,

the quality and related standards stipulated in the Specifications, Bid Conditions and the

service level agreement (if any) contemplated in clause 11 above.

The provisions of Clause 10 document contains the manner in which contractor’s performance

will be measured throughout the term of the contract.

9.2 Compliance. For purposes of the contract the compliance by service provider with the

stipulated responsibilities and service standards will be determined: -

▪ with reference to reports provided by service provider.

▪ with reference to reports or complaints received from third parties.

▪ by means of user satisfaction surveys conducted by ECDoH

▪ by means of service reviews, inspections or any audit carried out by or on behalf of the

5. Use of contract documents and information; inspection

obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the

bidding documents and Terms of Reference.

5. Use of Contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent,

disclose the contract, or any provision thereof, or any Terms of Reference,

plan, drawing, pattern, sample, or information furnished by or on

behalf of the purchaser in connection therewith, to any person other

than a person employed by the supplier in the performance of the

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent,

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause. 5.1 the

property of the purchaser shall remain and shall be returned (all copies) to the

purchaser on completion of the supplier’s performance under the contract if so

required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records

relating to the performance of the supplier and to have them audited by

auditors appointed by the purchaser, if so, required by the purchaser.

8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that supplies to be produced or services to be

rendered should at any stage during production or execution or on

completion be subject to inspection, the premises of the bidder or

contractor shall be open, at all reasonable hours, for inspection by a

representative of the Department or an organization acting on behalf of the

8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show

the supplies to be in accordance with the contract requirements, the cost of

the inspections, tests and analyses shall be defrayed by the purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not

comply with the contract requirements, irrespective of whether such supplies

or services are accepted or not, the cost in connection with these inspections,

tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which

do not comply with the contract requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or analyzed

and may be rejected if found not to comply with the

requirements of the contract. Such rejected supplies shall be held at the cost

and risk of the supplier who shall, when called upon, remove them immediately

at his own cost and forthwith substitute them with supplies which do comply

with the requirements of the contract. Failing such removal the rejected

supplies shall be returned at the suppliers cost and risk. Should the supplier

fail to provide the substitute supplies forthwith, the purchaser may, without

giving the supplier further opportunity to substitute the rejected supplies,

purchase such supplies as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the

purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 23 of GCC.

Bidders must submit pricing details on the Pricing Schedule form (SBD 3.2) with the bid. Pricing must be inclusive of VAT. Bidders must indicate the basis of their pricing calculation. The pricing schedule must include a complete breakdown of pricing per training package.

Tax compliance central

Tax compliance status system pin code from the south african revenue service (SARS) and if not

Tax compliance requirements

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

Tcs pin is available but the bidder is registered on the

Csd number

Csd number must be provided

CSD report

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

Central Supplier Database

manual of the course, proof of accreditation as well as the qualification of facilitators.

submitted CSD system. No late bid submission will be accepted.

5.1 The bidder must submit details regarding the bid price for the Services on the Pricing Schedule

they have calculated their pricing by completing all aspects of the Pricing Schedule form Part

7. Declaration of interest

The bidder should submit a duly signed declaration of interest (SBD 4) together with the bid.

The declaration of interest is attached as Part 5 – Schedule C.

8. Qualifications of bidders
9. Tax compliance requirements

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

Involved, each party must submit a separate tcs certificate / pin / csd

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.

Invitation to Bid (SBD 1)

VAT registration

Supplier tax compliance central

Points Allocation: 80 points

B-BBEE Details: 00 Passcode: PB3W7Lt9

Bidding procedure enquiries may be directed

To technical enquiries may be directed to:

Contact

CONTACT PERSON Mrs P Williams PERSON Ms P. Zono

Telephone telephone

Number 045 839 2190 number 045 807 2290

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

a

Supplier information

Name of bidder

Postal address

Street address

Telephone

Number code number

Cellphone

Number

Facsimile number code number

E-mail address

VAT registration

Number

Supplier tax compliance central

Compliance system pin: or supplier

STATUS DATABASE No: MAAA

B-bbee status tick applicable box] b-bbee [tick applicable box]

Level status

Verification level

CERTIFICATE Yes No SWORN Yes No

Affidavit

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN

Order to qualify for preference points for b-bbee]

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Are you a

Are you the foreign

Accredited based

Representative supplier

In south africa for the

For the goods goods

Yes, No/SERVICES /SERVICES

Yes, No

/Works /works [if yes, answer the

Offered? Offered? [If yes enclose proof] questionnaire below ]

Questionnaire to bidding foreign suppliers

Is the entity a resident of the republic of south africa (RSA)? yes

NO

Does the entity have a branch in the RSA? yes

NO

Does the entity have a permanent establishment in the RSA?

Yes, NO

Does the entity have any source of income in the RSA?

Yes, NO

Is the entity liable in the RSA for any form of taxation? Yes

NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax

Compliance status system pin code from the south african revenue service (SARS) and if not

Register as per 2.3 Below.

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Part b

Terms and conditions for bidding

1. Bid submissi

and policies at the relevant Institution. The service provider shall comply fully with any such

reasonable procedures and policies, including the permit to work procedures and health and

safety procedures.

3.6 The service provider shall ensure that it and its personnel shall at all times comply fully with

any safety, fire, emergency and security procedures and policies applicable at the relevant

In this clause the term “Act” shall mean the Occupational Health & Safety Act, No. ,

as amended from time to time, (including any act which may take its place should it be repealed

during the currency of the agreement between the parties) as read with all regulations and

standards promulgated in terms of the former Machinery and Occupational Act, No ,

as amended, and all regulations & standards promulgated in terms of the Occupational Health

& Safety Act from time to time;

The service provider:-

❖ acknowledges that he is fully aware of the terms and conditions of the Act;

❖ acknowledges that he is an employer in its own right with duties and responsibilities as

prescribed in the Act;

❖ agrees to comply with all rules and regulations implemented by or on behalf of the

Contract issued in accordance with Chapter 16A of the Treasury Regulations published in

terms of the Public Finance Management Act, 1999 (Act ). The other Special

conditions of Contract are supplementary to that of the General Conditions of Contract.

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 those functional services ancillary to the supply of

the goods, such as transportation and any other incidental services,

such as installation, commissioning, provision of technical assistance, training,

catering, gardening, security, maintenance and other such obligations of the

supplier covered under the contract.

1.25 “Written” or “in writing” means handwritten in ink or any form of

electronic or mechanical writing.

2. Application 2.1 These general conditions are applicable to all bids, contracts and orders including

bids for functional and professional services, sales, hiring, letting and the

granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

2.2 Where applicable, special conditions of contract are also laid down to cover

specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these

general conditions, the special conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser

shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for

documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the

10.1 Delivery of the goods shall be made by the supplier in accordance with the

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

to be furnished by the supplier are specified in SCC.

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

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 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 favorable 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

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

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16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties

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General Conditions of Contract

1. Definition 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the

purchaser and the supplier, as recorded in the contract form signed by 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 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 those functional services ancillary to the supply of

the goods, such as transportation and any other incidental services,

such as installation, commissioning, provision of technical assistance, training,

catering, gardening, security, maintenance and other such obligations of the

supplier covered under the contract.

1.25 “Written” or “in writing” means handwritten in ink or any form of

electronic or mechanical writing.

2. Application 2.1 These general conditions are applicable to all bids, contracts and orders including

bids for functional and professional services, sales, hiring, letting and the

granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

2.2 Where applicable, special conditions of contract are also laid down to cover

specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these

general conditions, the special conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser

shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for

documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the

Government Tender Bulletin. The Government Tender Bulletin may be

obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the

bidding documents and Terms of Reference.

5. Use of Contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent,

disclose the contract, or any provision thereof, or any Terms of Reference,

plan, drawing, pattern, sample, or information furnished by or on

behalf of the purchaser in connection therewith, to any person other

than a person employed by the supplier in the performance of the

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent,

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause. 5.1 the

property of the purchaser shall remain and shall be returned (all copies) to the

purchaser on completion of the supplier’s performance under the contract if so

required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records

relating to the performance of the supplier and to have them audited by

auditors appointed by the purchaser, if so, required by the purchaser.

6. Patent rights

6.1 The supplier shall indemnify the purchaser against all third-party

claims of infringement of patents, trademark, or industrial design rights arising

from use of the goods or any part thereof by the purchaser.

7.Performance

Security

7.1 Within thirty (30) days of receipt of the notification of contract award,

the successful bidder shall furnish 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) a cashier’s or certified cheque

7.4 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.

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8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that supplies to be produced or services to be

rendered should at any stage during production or execution or on

completion be subject to inspection, the premises of the bidder or

contractor shall be open, at all reasonable hours, for inspection by a

representative of the Department or an organization acting on behalf of the

Department.

8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show

the supplies to be in accordance with the contract requirements, the cost of

the inspections, tests and analyses shall be defrayed by the purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not

comply with the contract requirements, irrespective of whether such supplies

or services are accepted or not, the cost in connection with these inspections,

tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which

do not comply with the contract requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or analyzed

and may be rejected if found not to comply with the

requirements of the contract. Such rejected supplies shall be held at the cost

and risk of the supplier who shall, when called upon, remove them immediately

at his own cost and forthwith substitute them with supplies which do comply

with the requirements of the contract. Failing such removal the rejected

supplies shall be returned at the suppliers cost and risk. Should the supplier

fail to provide the substitute supplies forthwith, the purchaser may, without

giving the supplier further opportunity to substitute the rejected supplies,

purchase such supplies as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the

purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing

9.1 The supplier shall provide such packing of the goods as is required to prevent

their damage or deterioration during transit to their final

destination, as indicated in the contract. The packing shall be

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packing, case size and weights shall take

into consideration, where appropriate, the remoteness of the goods’ final

destination and the absence of heavy handling facilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall be

expressly provided for in the contract, including additional

requirements, if any, specified in SCC, and in any subsequent

instructions ordered by the purchaser.

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10. Delivery and documents

10.1 Delivery of the goods shall be made by the supplier in accordance with the

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

to be furnished by the supplier are specified in SCC.

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

11. Insurance

11.1 The goods supplied under the contract shall be fully insured in a freely

convertible currency against loss or damage incidental to manufacture or

acquisition, transportation, storage and delivery in the manner specified in the

Scc.

12. Transportation

12.1 Should a price other than an all-inclusive delivered price be required, this shall

be specified in the SCC.

13. Incidental Services

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;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of

the supplied goods, for a period of time agreed by the parties,

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant

and/or on-site, in assembly, start-up, operation, maintenance, and/or

repair of the supplied goods.

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. Spare parts

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 Terms of Reference

of the spare parts, if requested.

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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 Terms

of Reference) 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 and 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 fulfillment 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.

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19. Assignment

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 canceling 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.

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 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 favorable 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 fulfil 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.

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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.

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 fulfil their respective obligations under the

contract unless they otherwise agree; and

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

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

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17.1 Receipt of the invitation to bid does not confer any right on any party in respect of the Services

or in respect of or against the State, the ECDoH. The ECDoH reserves the right, in its sole

discretion, to withdraw by notice to bidders any Services or combination of Services from the

bid process, to terminate any party’s participation in the bid process or to accept or reject any

response to this invitation to bid on notice to the bidders without liability to any party.

directors, advisors, officers, employees, agents, representatives make any representation or

warranty or give any undertaking express or implied, or accept any responsibility or liability

whatsoever, as to the contents, accuracy or completeness of the information contained in the

invitation to bid, or any other written or oral information made available in connection with the

bid and nothing contained herein is, or shall be relied upon as a promise or representation,

whether as to the past or the future.

19.2 This invitation to bid may not contain all the information that may be required to evaluate a

possible submission of a response to this invitation to bid. The bidder should conduct its own

independent analysis of the operations to the extent required to enable it to respond to this bid.

2.1 Payment of any consideration in terms of the contract shall not constitute acceptance of any

defective or non-conforming Services or otherwise relieve service provider of any of its

obligations under the contract.

2.2 To the extent that the ECDoH disputes the correctness, nature, extent or calculation of any fees

or expenses payable to service provider in terms of the contract, ECDoH shall be entitled to

withhold payment of such disputed amounts until such time as such dispute is resolved.

to additional quality requirements (whether engaged in a service contract or when repair is

required out of guarantee without the maintenance contract option) and standards relating to

the maintenance together with performance measurement provisions, which quality

requirements, performance measurement provisions shall be reduced to writing in a service

level agreement if required and signed by both parties.

1. Definition 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the

purchaser and the supplier, as recorded in the contract form signed by 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 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.

6.1 The supplier shall indemnify the purchaser against all third-party

claims of infringement of patents, 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 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) a cashier’s or certified cheque

7.4 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.

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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;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of

the supplied goods, for a period of time agreed by the parties,

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant

and/or on-site, in assembly, start-up, operation, maintenance, and/or

repair of the supplied goods.

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 Terms of Reference

of the spare parts, if requested.

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15. Warranty

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 Terms

of Reference) 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 and 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.

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 canceling 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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23.1 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.

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.

shall continue to fulfil 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.

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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.

27.1 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.

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 fulfil their respective obligations under the

contract unless they otherwise agree; and

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

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.

Special conditions of contract: The service provider must provide learning material and training manuals. Facilitators must be registered with relevant professional bodies. Summarised copies of training manuals must be submitted for evaluation. Service provider must be a registered training provider. Service provider must provide catering as stated in the bid strategy. The department will provide venues for training. Service provider must provide certificate of competency after completion of training. Service provider must provide documentary proof of accreditation by relevant SETA/QCTO/accreditation body. Service provider must provide a complete breakdown of pricing per training package. All logistics must be done prior to course commencement.

Bidders must submit a Project Plan and an Implementation Plan with course breakdown, training methodology, and approach for each training course.

Proof of specific goals must be submitted to earn evaluation points.