24-Month ICT support services tender: hosting, networking & maintenance for state diamond trader

provisions in

the SCC shall prevail.

Amendment

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

No specific requirements found

33. National Industrial Participation (NIP) Programme 33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts that are subject to the NIP obligation.

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

33. National Industrial Participation (NIP) Programme

34. Prohibition of Restrictive Practices

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General Conditions of Contract

1. Definitions 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 the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under

the contract for the full and proper performance of his

contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or

soliciting of any thing of value to influence the action of a public

official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an

enterprise abroad is subsidized by its government and

encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were

mined, grown or produced or from which the services are

supplied. Goods are produced when, through manufacturing,

processing or substantial and major assembly of components, a

commercially recognized new product results that is

substantially different in basic characteristics or in purpose or

utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock

actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered

and unloaded in the specified store or depot or on the specified

site in compliance with the conditions of the contract or order,

the supplier bearing all risks and charges involved until the

supplies are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its

goods on own initiative in the RSA at lower prices than that of

the country of origin and which have the potential to harm the

local industries in the RSA.

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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.

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

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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

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

the bidding documents and specifications.

5. Use of 5.1 The supplier shall not, without the purchaser’s prior written

contract consent, disclose the contract, or any provision thereof, or any

documents specification, plan, drawing, pattern, sample, or information

and furnished by or on behalf of the purchaser in connection

information; therewith, to any person other than a person employed by the

inspection.

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 shall remain the property of the purchaser 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

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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 patent, trademark, or industrial design

rights arising from use of the goods or any part thereof by the

purchaser.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract

security award, the successful bidder shall furnish to the purchaser the

performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to

the purchaser as compensation for any loss resulting from the

supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency

of the contract, or in a freely convertible currency acceptable to

the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued

by a reputable bank located in the purchaser’s country or

abroad, acceptable to the purchaser, in the form

provided in the bidding documents or another form

acceptable to the purchaser; or

(b) 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.

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

tests and

analyses 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

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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.

10. Delivery 10.1 Delivery of the goods shall be made by the supplier in

and documents 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.

Amendment

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 13.1 The supplier may be required to provide any or all of the

services 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 specifications of

the spare parts, if requested.

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 specifications) or from any act or

omission of the supplier, that may develop under normal use of

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the supplied goods in the conditions prevailing in the country of

final destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been

delivered to and accepted at the final destination indicated in the

contract, or for eighteen (18) months after the date of shipment

from the port or place of loading in the source country,

whichever period concludes earlier, unless specified otherwise

in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any

claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified in SCC and with all reasonable speed, repair or

replace the defective goods or parts thereof, without costs to the

purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s)

within the period specified in SCC, the purchaser may proceed

to take such remedial action as may be necessary, at the

supplier’s risk and expense and without prejudice to any other

rights which the purchaser may have against the supplier under

the contract.

16. Payment 16.1 The method and conditions of payment to be made to the

supplier under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice

accompanied by a copy of the delivery note and upon 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 18.1 No variation in or modification of the terms of the contract shall

amendments be made except by written amendment signed by the parties

concerned.

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.

Amendment

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

subcontracts awarded under this contracts 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 21.1 Delivery of the goods and performance of services shall be

supplier’s made by the supplier in accordance with the time schedule

performance prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or

its subcontractor(s) should encounter conditions impeding timely

delivery of the goods and performance of services, the supplier

shall promptly notify the purchaser in writing of the fact of the

delay, its likely duration and its cause(s). As soon as practicable

after receipt of the supplier’s notice, the purchaser shall evaluate

the situation and may at his discretion extend the supplier’s time

for performance, with or without the imposition of penalties, in

which case the extension shall be ratified by the parties by

amendment of contract.

21.3 No provision in a contract shall be deemed to prohibit the

obtaining of supplies or services from a national department,

provincial department, or a local authority.

21.4 The right is reserved to procure outside of the contract small

quantities or to have minor essential services executed if an

emergency arises, the supplier’s point of supply is not situated

at or near the place where the supplies are required, or the

supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the

supplier in the performance of its delivery obligations shall

render the supplier liable to the imposition of penalties, pursuant

to GCC Clause 22, unless an extension of time is agreed upon

pursuant to GCC Clause 21.2 without the application of

penalties.

21.6 Upon any delay beyond the delivery period in the case of a

supplies contract, the purchaser shall, without cancelling the

contract, be entitled to purchase supplies of a similar quality and

up to the same quantity in substitution of the goods not supplied

in conformity with the contract and to return any goods delivered

later at the supplier’s expense and risk, or to cancel the contract

and buy such goods as may be required to complete the

contract and without prejudice to his other rights, be entitled to

claim damages from the supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or

all of the goods or to perform the services within the period(s)

specified in the contract, the purchaser shall, without prejudice

to its other remedies under the contract, deduct from the

contract price, as a penalty, a sum calculated on the delivered

price of the delayed goods or unperformed services using the

current prime interest rate calculated for each day of the delay

Amendment

until actual delivery or performance. The purchaser may also

consider termination of the contract pursuant to GCC Clause 23.

23. Termination 23.1 The purchaser, without prejudice to any other remedy for breach

for default of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods

within the period(s) specified in the contract, or within

any extension thereof granted by the purchaser

pursuant to GCC Clause 21.2;

(b) if the Supplier fails to perform any other obligation(s)

under the contract; or

(c) if the supplier, in the judgment of the purchaser, has

engaged in corrupt or fraudulent practices in competing

for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in

part, the purchaser may procure, upon such terms and in such

manner as it deems appropriate, goods, works or services

similar to those undelivered, and the supplier shall be liable to

the purchaser for any excess costs for such similar goods, works

or services. However, the supplier shall continue performance

of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part,

the purchaser may decide to impose a restriction penalty on the

supplier by prohibiting such supplier from doing business with

the public sector for a period not exceeding ten (10) years.

23.4 If a purchaser intends imposing a restriction on a supplier or any

person associated with the supplier, the supplier will be allowed

a time period of not more than fourteen (14) days to provide

reasons why the envisaged restriction should not be imposed.

Should the supplier fail to respond within the stipulated fourteen

(14) days the purchaser may regard the intended penalty as not

objected against and may impose it on the supplier.

23.5 Any restriction imposed on any person by the Accounting

Officer/ Authority will, at the discretion of the Accounting Officer/

Authority, also be applicable to any other enterprise or any

partner, manager, director or other person who wholly or partly

exercises or exercised or may exercise control over the

enterprise of the first-mentioned person, and with which

enterprise or person the first-mentioned person, is or was in the

opinion of the Accounting Officer/Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5)

working days of such imposition, furnish the National Treasury,

with the following information :

(a) the name and address of the supplier and/or person

restricted by the purchaser;

(b) the date of commencement of the restriction’

(c) the period of restriction; and

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(d) the reasons for the restriction.

These details will be loaded in the National Treasury’s central

data base of suppliers or persons prohibited from doing business

with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated

in sections 12 or 13 of the Prevention and Combating of Corrupt

Activities, Act No. , the court may also rule that such

person’s name be endorsed on the Register for Tender

Defaulters. When a person’s name has been endorsed on the

Register, the person will be prohibited from doing business with

the public sector for a period not less than five years and not

more than 10 years. The National Treasury is empowered to

determine the period of restriction and each case will be dealt

with on its own merits. According to section 32 of the Act the

Register must be open to the public. The Register can be

perused on the National Treasury Website.

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are required,

and countervailing or anti-dumping or countervailing duties are imposed, or the

duties and rights amount of a provisional payment or anti-dumping or

countervailing right is increased in respect of any dumped or

subsidized import, the State is not liable for any amount so

required or imposed, or for the amount of any such increase.

When, after the said date, such a provisional payment is no

longer required or any such anti-dumping or countervailing right

is abolished, or where the amount of such provisional payment

or any such right is reduced, any such favourable difference

shall on demand be paid forthwith by the contractor to the State

or the State may deduct such amounts from moneys (if any)

which may otherwise be due to the contractor in regard to

supplies or services which he delivered or rendered, or is to

deliver or render in terms of the contract or any other contract or

any other amount which may be due to him

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

Majeure supplier shall not be liable for forfeiture of its performance

security, damages, or termination for default if and to the extent

that his delay in performance or other failure to perform his

obligations under the contract is the result of an event of force

majeure.

25.2 If a force majeure situation arises, the supplier shall promptly

notify the purchaser in writing of such condition and the cause

thereof. Unless otherwise directed by the purchaser in writing,

the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical, and shall seek all

reasonable alternative means for performance not prevented by

the force majeure event.

26. Termination 26.1 The purchaser may at any time terminate the contract by giving

for insolvency 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

Amendment

not prejudice or affect any right of action or remedy which has

accrued or will accrue thereafter to the purchaser.

27. Settlement of 27.1 If any dispute or difference of any kind whatsoever arises

Disputes 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 perform their respective

obligations under the contract unless they otherwise agree;

and

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

supplier.

28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and

liability 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 29.1 The contract shall be written in English. All correspondence and

language other documents pertaining to the contract that is exchanged by

the parties shall also be written in English.

30. Applicable 30.1 The contract shall be interpreted in accordance with South

law 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

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him shall be posted by ordinary mail to the address furnished in

his bid or to the address notified later by him in writing and such

posting shall be deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing

any act after such aforesaid notice has been given, shall be

reckoned from the date of posting of such notice.

32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes,

duties stamp duties, license fees, and other such levies imposed

outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties,

license fees, etc., incurred until delivery of the contracted goods

to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax

matters are not in order. Prior to the award of a bid the

Department must be in possession of a tax clearance certificate,

submitted by the bidder. This certificate must be an original

issued by the South African Revenue Services.

33. National 33.1 The NIP Programme administered by the Department of Trade

Industrial and Industry shall be applicable to all contracts that are subject

Participation (NIP) to the NIP obligation.

Programme

35. Prohibition of 34.1 In terms of Section 4(1)b)(iii) of the Competition Act No. 89 of

Restrictive 1998, as amended, an agreement between, or concerted

Practices practice by, firms, or a decision by association of firms, is

prohibited if it is between parties in a horizontal relationship and

if a bidder(s) was/were in collusive bidding (or bid rigging).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or

evidence obtained by the purchaser, has/have engaged in the

restrictive practice referred to above, the purchaser may refer

the matter to the Competition Commission for investigation and

possible imposition of administrative penalties as contemplated

in the Competition Act No. .

34.3 If a bidder(s) or contractor(s), has/have been found guilty by the

Competition Commission of the restrictive practice referred to

above, the purchaser may, in addition and without prejudice to

any other remedy provided for, invalidate the bid(s) for such

item(s) offered, and/or terminate the contract in whole or part,

and/or restrict the bidder(s) or contractor(s) from conducting

business with the public sector for a period not exceeding ten

(10) years and/or claim damages from the bidder(s) or

contractor(s) concerned.

General Conditions of Contract (revised July 2010)

Amendment

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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.

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

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 patent, trademark, or industrial design

rights arising from use of the goods or any part thereof by the

purchaser.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract

security award, the successful bidder shall furnish to the purchaser the

performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to

the purchaser as compensation for any loss resulting from the

supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency

of the contract, or in a freely convertible currency acceptable to

the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued

by a reputable bank located in the purchaser’s country or

abroad, acceptable to the purchaser, in the form

provided in the bidding documents or another form

acceptable to the purchaser; or

(b) 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.

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

tests and

analyses 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

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.

10. Delivery 10.1 Delivery of the goods shall be made by the supplier in

and documents 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

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 13.1 The supplier may be required to provide any or all of the

services 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 specifications of

the spare parts, if requested.

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 specifications) or from any act or

omission of the supplier, that may develop under normal use of

the supplied goods in the conditions prevailing in the country of

final destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been

delivered to and accepted at the final destination indicated in the

contract, or for eighteen (18) months after the date of shipment

from the port or place of loading in the source country,

whichever period concludes earlier, unless specified otherwise

in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any

claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified in SCC and with all reasonable speed, repair or

replace the defective goods or parts thereof, without costs to the

purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s)

within the period specified in SCC, the purchaser may proceed

to take such remedial action as may be necessary, at the

supplier’s risk and expense and without prejudice to any other

rights which the purchaser may have against the supplier under

the contract.

16. Payment 16.1 The method and conditions of payment to be made to the

supplier under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice

accompanied by a copy of the delivery note and upon 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

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

subcontracts awarded under this contracts 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 21.1 Delivery of the goods and performance of services shall be

supplier’s made by the supplier in accordance with the time schedule

performance prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or

its subcontractor(s) should encounter conditions impeding timely

delivery of the goods and performance of services, the supplier

shall promptly notify the purchaser in writing of the fact of the

delay, its likely duration and its cause(s). As soon as practicable

after receipt of the supplier’s notice, the purchaser shall evaluate

the situation and may at his discretion extend the supplier’s time

for performance, with or without the imposition of penalties, in

which case the extension shall be ratified by the parties by

amendment of contract.

21.3 No provision in a contract shall be deemed to prohibit the

obtaining of supplies or services from a national department,

provincial department, or a local authority.

21.4 The right is reserved to procure outside of the contract small

quantities or to have minor essential services executed if an

emergency arises, the supplier’s point of supply is not situated

at or near the place where the supplies are required, or the

supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the

supplier in the performance of its delivery obligations shall

render the supplier liable to the imposition of penalties, pursuant

to GCC Clause 22, unless an extension of time is agreed upon

pursuant to GCC Clause 21.2 without the application of

penalties.

21.6 Upon any delay beyond the delivery period in the case of a

supplies contract, the purchaser shall, without cancelling the

contract, be entitled to purchase supplies of a similar quality and

up to the same quantity in substitution of the goods not supplied

in conformity with the contract and to return any goods delivered

later at the supplier’s expense and risk, or to cancel the contract

and buy such goods as may be required to complete the

contract and without prejudice to his other rights, be entitled to

claim damages from the supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or

all of the goods or to perform the services within the period(s)

specified in the contract, the purchaser shall, without prejudice

to its other remedies under the contract, deduct from the

contract price, as a penalty, a sum calculated on the delivered

price of the delayed goods or unperformed services using the

current prime interest rate calculated for each day of the delay

until actual delivery or performance. The purchaser may also

consider termination of the contract pursuant to GCC Clause 23.

23. Termination 23.1 The purchaser, without prejudice to any other remedy for breach

for default of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods

within the period(s) specified in the contract, or within

any extension thereof granted by the purchaser

pursuant to GCC Clause 21.2;

(b) if the Supplier fails to perform any other obligation(s)

under the contract; or

(c) if the supplier, in the judgment of the purchaser, has

engaged in corrupt or fraudulent practices in competing

for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in

part, the purchaser may procure, upon such terms and in such

manner as it deems appropriate, goods, works or services

similar to those undelivered, and the supplier shall be liable to

the purchaser for any excess costs for such similar goods, works

or services. However, the supplier shall continue performance

of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part,

the purchaser may decide to impose a restriction penalty on the

supplier by prohibiting such supplier from doing business with

the public sector for a period not exceeding ten (10) years.

23.4 If a purchaser intends imposing a restriction on a supplier or any

person associated with the supplier, the supplier will be allowed

a time period of not more than fourteen (14) days to provide

reasons why the envisaged restriction should not be imposed.

security, damages, or termination for default if and to the extent

that his delay in performance or other failure to perform his

obligations under the contract is the result of an event of force

majeure.

25.2 If a force majeure situation arises, the supplier shall promptly

notify the purchaser in writing of such condition and the cause

thereof. Unless otherwise directed by the purchaser in writing,

the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical, and shall seek all

reasonable alternative means for performance not prevented by

the force majeure event.

26. Termination 26.1 The purchaser may at any time terminate the contract by giving

for insolvency 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 27.1 If any dispute or difference of any kind whatsoever arises

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 perform their respective

obligations under the contract unless they otherwise agree;

and

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

supplier.

28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and

liability 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 29.1 The contract shall be written in English. All correspondence and

language other documents pertaining to the contract that is exchanged by

the parties shall also be written in English.

30. Applicable 30.1 The contract shall be interpreted in accordance with South

law 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

34. Prohibition of Restrictive Practices 34.1 In terms of Section 4(1)b)(iii) of the Competition Act No. 89 of 1998, as amended, an agreement between, or concerted practice by, firms, or a decision by association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) was/were in collusive bidding (or bid rigging).

{"name":null,"email":null,"phone":null,"department":"SUPPLY CHAIN MANAGEMENT","address":null}

• Bidders must complete the Bidder’s Disclosure form (SBD4) as part of the submission. Failure to do so may result in disqualification.
• Any bidder (natural or juristic person) listed in the Register for Tender Defaulters or the List of Restricted Suppliers will be automatically disqualified.
• Bidders must declare if they, their directors, trustees, shareholders, members, partners, or any person with controlling interest are employed by the state. If yes, provide full names, ID numbers, and state employee numbers.
• Bidders must declare any relationship with employees of the procuring institution. If yes, provide particulars.
• Bidders must declare any interest in other related enterprises, whether or not they are bidding for this contract. If yes, provide particulars.
• Bidders must certify that their bid was prepared independently, without collusion with competitors. Joint ventures or consortiums are exempt from this rule.
• Bidders must confirm no discussions, agreements, or arrangements with competitors regarding bid details (quality, quantity, specifications, prices, etc.).
• Bidders must confirm their bid terms have not been and will not be disclosed to competitors before the official bid opening or contract award.
• Bidders must confirm no discussions, agreements, or arrangements with procuring institution officials during the bidding process, except for clarification requests. Bidders must also confirm they were not involved in drafting the specifications or terms of reference.
• Bidders must acknowledge that suspicious bids may be reported to the Competition Commission, National Prosecuting Authority (NPA), or result in a 10-year public sector restriction under the Prevention and Combating of Corrupt Activities Act.
• False or incomplete declarations may lead to bid rejection or action under PFMA SCM Instruction /22 on preventing and combating abuse in the Supply Chain Management System.

• Bidders listed in the Register for Tender Defaulters or the List of Restricted Suppliers will be automatically disqualified.
• Bidders must declare state employment status for themselves, directors, trustees, shareholders, members, partners, or any person with controlling interest. If applicable, provide names, ID numbers, and state employee numbers.
• Bidders must declare any relationship with employees of the procuring institution. If applicable, provide particulars.
• Bidders must declare any interest in other related enterprises, whether or not they are bidding for this contract. If applicable, provide particulars.
• Bids must be prepared independently, without collusion with competitors. Joint ventures or consortiums are exempt.
• No discussions, agreements, or arrangements with competitors regarding bid details (quality, quantity, specifications, prices, etc.) are permitted.
• Bid terms must not be disclosed to competitors before the official bid opening or contract award.
• No discussions, agreements, or arrangements with procuring institution officials during the bidding process are permitted, except for clarification requests. Bidders must confirm they were not involved in drafting the specifications or terms of reference.
• Suspicious bids may be reported to the Competition Commission, NPA, or result in a 10-year public sector restriction under applicable legislation.
• False or incomplete declarations may lead to bid rejection or action under PFMA SCM Instruction /22.

Submit a proposal for the installation, commissioning, and maintenance of ICT services. Required: Bidder name, detailed pricing for Year 1 and Year 2 (VAT inclusive), and fixed flat-rate amounts for Project Management and Support Services (no hourly/daily rates accepted).

Scope: Installation, commissioning, and maintenance of the following for 24 months: Internet connectivity (primary and failover lines), telephone services (installation, number porting, usage rates), domain transfer/management/hosting, and annual Palo Alto firewall license renewal and support. Recommended anti-virus software: McAfee.

Pricing must be VAT inclusive. Fixed flat-rate amounts required for Project Management and Support Services. Breakdown required for: Internet connectivity (installation and monthly costs), telephone services (installation, porting, usage rates), domain hosting, and firewall license renewal. Ad-hoc services must also be quoted as fixed flat-rate amounts.

Closing date: 29 June 2026. Closing time: 11H00.

Enquiries: Archellis Reed. Phone: 010-003-0310. Email: [email protected]. Submission address: State Diamond Trader, OR Tambo International Airport Special Economic Zone (ORTIA SEZ Precinct 1), Superblock Building, 2nd Floor Reception, Bonaero Drive, ACSA Precinct, Bonaero Park, 1619.

Submit bids by the stipulated time (29 June 2026, 11H00) to the bid box at: State Diamond Trader, OR Tambo International Airport Special Economic Zone (ORTIA SEZ Precinct 1), Superblock Building, 2nd Floor Reception, Bonaero Drive, ACSA Precinct, Bonaero Park, 1619. Late bids will not be accepted. Use only the official forms provided (do not re-type). Bids must be submitted as prescribed in the bid document. Failure to comply may render the bid invalid. Include proof of authority (e.g., company resolution) with the signed bid.

Submit the following with your bid: Completed official bid forms (not re-typed). Proof of authority (e.g., company resolution). Signed bid document. Tax Compliance Status (TCS) PIN or CSD number (or printed TCS certificate). For foreign suppliers, completed questionnaire if applicable.

Tax Compliance: Submit a Tax Compliance Status (TCS) PIN issued by SARS. Apply via e-filing at www.sars.gov.za. Alternatively, submit a printed TCS certificate with the bid. If no TCS PIN is available but the bidder is registered on the Central Supplier Database (CSD), provide the CSD number. For consortia/joint ventures/sub-contractors, each party must submit a separate TCS certificate/PIN/CSD number. Bidders must ensure compliance with all tax obligations. No bids will be considered from persons in the service of the state, companies with directors in the service of the state, or close corporations with members in the service of the state. Foreign suppliers: Complete the questionnaire if applicable. If the entity is not a resident of RSA, has no branch, permanent establishment, source of income, or tax liability in RSA, registration for TCS is not required.

This bid is subject to the Preferential Procurement Policy Framework Act, 2000, and the Preferential Procurement Regulations.

The bid is subject to the General Conditions of Contract (GCC) and any applicable special conditions of contract. The successful bidder must fill in and sign a written contract form (SBD7).

Bidders must ensure compliance with all tax obligations. Failure to provide required tax compliance details may render the bid invalid.

Technical and bidding procedure enquiries: Archellis Reed. Phone: 010-003-0310. Email: [email protected].

Price must include all applicable taxes and exclude unconditional discounts. The rand value of the contract is the total estimated value, including all taxes, calculated at bid invitation time.

Compliance with Preferential Procurement Regulations 2022 is mandatory. Bidders must complete the SBD 6.1 Preference Points Claim Form to claim points for specific goals (B-BBEE, ownership, etc.). Required documentation to prove eligibility for specific goals must be submitted with the tender. Failure to provide proof results in zero points for specific goals. The organ of state may disqualify bidders for fraudulent claims, recover costs, cancel contracts, or impose a 10-year restriction from state business. Criminal prosecution may also be pursued. Company registration details (name, number, type) must be provided and certified as true and correct.

Specific goals for preference points (80/20 system): Women-owned (51%+) = 8 points, Youth-owned (51%+) = 5 points, Black-owned (51%+) = 4 points, People with disabilities (51%+) = 3 points. Bidders must indicate how they claim points for each system.

Bidders must certify that all information provided is true and correct. The organ of state may require documentary proof of claims at any stage. Fraudulent claims or non-fulfillment of contract conditions may result in: disqualification from the tender process, cost recovery, contract cancellation, a 10-year restriction from state business for the tenderer/ contractor/ directors, or criminal prosecution. The tenderer must sign and date the declaration, providing company name, registration number, and type (e.g., Partnership, (Pty) Ltd, Close Corporation, etc.).