How will bids be evaluated?

EVALUATION OF BIDS The Evaluation of this bid will be conducted in TWO stages The first stage will be assessment of Mandatory requirements as follows PART D SBD 6.1: PREFERENCE CLAIM FORM PART F BID SPECIFICATION AND FUNCTIONALITY TEST  TMT will evaluates the submissions based on price and preferential points according to the 80/20 or 90/10 formula.  Based on the submission’s evaluation on price, due diligence and risk assessment conducted, TMT shall 2. Evaluation of the PANEL OF CONTRACTORS, Establishment and Use of the Panel b. Specific goals in terms of the preferential procurement regulations 2022 will apply to this bid. any competitor regarding the quality, quantity, specifications, prices, including methods, factors evaluation criteria will be enlisted on the TMT Limpopo Approved Panel of Contractors. Stage 1 – Placement on the Panel of Contractors  TMT evaluates received submissions of the panel of contractors based on functionality,  TMT shall place successful contractors on the Panel of Contractors according to the points scored on functionality, qualifying selected CIDB grades, the capacity of the contractor to execute similar type of  The order of the contractors listing shall be determined by the number of functionality points scored during the evaluation phase, and where two or more contractors scored equal points, the order will be Stage 2 – Selection for contracting

What compliance and legal requirements must bidders meet?

CIDB grading/category: 4GB CIDB GRADING 4GB contractor grading designation 3 Tw contractor grading designation 4 an contractor grading designation 5 an contractor grading designation 4 Tw contractor grading designation 6 an Tax compliance, NHBRC TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE TAX COMPLIANCE REQUIREMENTS TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER CSD NUMBER CSD registration for all partners CSD registration, Tax compliance, NHBRC CSD NUMBER MUST BE PROVIDED CSD Report CSD Report) CSD report if claimed Central Supplier Database (Bidders not registered on the closing CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED Joint Venture Agreement signed off by both parties (In case of a Joint Venture), appointment letters for the appointment letters for the panel of contractors 2GB appointment letter, have it system as per CSD Report.) terms of this tender bidder as per CSD Report) proportionally as per ownership percentage on the CSD report if claimed. 4.4. Company registration number: ..................................................................... 1. Key Personnel 45 points B-BBEE Minimum Level: 4 Points Allocation: 90 points B-BBEE Details: Contracting Strategies Upon setting up the TMT Panel of Contractors database, TMT will invite members of the panel for the various construction works utilizing any form of contract amongst the preferred industry contracts such as JBCC, GCC, NEC or FIDIC, etc The publication date shall be 01 July 2026 of 38 PANEL OF CONTRACTORS FOR THE PERIOD OF 3 YEARS (36 MONTHS) The closing day and time for the receipt of bids is 12H00, Wednesday, 22 July 2026. Bidders shall take note of the following bid conditions: a. The Mvula Trust’s Supply Chain Management Policy will apply to this bid b. Specific goals in terms of the preferential procurement regulations 2022 will apply to this bid. c. The Mvula Trust’s does not bind itself to accept the lowest or any bid and reserves the right to accept the whole or part of the bid. d. Contract period: 36 Months (this includes all statutory holidays and construction builder’s holidays) e. TMT reserves the right to negotiate further conditions with the successful bidder. f. TMT reserves the right not to appoint. g. No bidder will be appointed if not registered on Central Supplier Database (Bidders not registered on the closing date will be disqualified.) h. TMT bid document must be completed with a black and un-erasable pen i. Late, incomplete, unsigned, un-initialled, faxed or emailed bids will not be accepted. Enquiries: All SCM enquiries regarding this tender must be forwarded to: Email ndumiso@themvulatrust.org.za; with the applicable Bid No. as the subject. All technical enquiries regarding this tender must be forwarded to: Email: ntsako@themvulatrust.org.za; alfeo@themvulatrust.org.za with the applicable Bid No. as the subject. of 38 PANEL OF CONTRACTORS FOR THE PERIOD OF 3 YEARS (36 MONTHS) SBD1 PART B INVIT

What are the important dates and deadlines for this tender?

{"closingDate":"22 July 2026","closingTime":"10H00","briefingSession":"{\"date\":\"09 July 2026\",\"time\":\"10H00\",\"venue\":\"Sekgosese (Science and Technology) Secondary School, in Senwamokgope Village\",\"is_compulsory\":true}"}

Who should be contacted for queries about this tender?

{"name":null,"email":"ndumiso@themvulatrust.org.za","phone":null,"department":null,"address":"CTORS FOR THE PERIOD OF 3"}

PANEL OF CONTRACTORS (CIDB GRADING 4GB TO 7GB) FOR THE PERIOD OF 3 YEARS (36 MONTHS).

of years (36 months). Bid documents are obtainable at the E-Tender Portal free of charge from the

date of advertisement.

Completed bid documents with attachments (supporting documents) must be wrapped in a sealed envelope and

be deposited into The Mvula Trust’s bid box, 25 Rhodesdrift Street, Rhodesdrift Office Park, ROP6, Bendor Ext 30,

0699, marked clearly as Bid No: TMT-SCMU 2026/27-01: Panel of Contractors for the period of 3 years (36 months).

Stage 1 – Placement on the Panel of Contractors

 Call for contractors to express interest to be placed on the TMT panel Contract for at least 21 calendar days

advertisement on the Treasury e-Tender Portal before the closing date,

 TMT evaluates received submissions of the panel of contractors based on functionality,

 TMT shall place successful contractors on the Panel of Contractors according to the points scored on

functionality, qualifying selected CIDB grades, the capacity of the contractor to execute similar type of

construction works and construction works categories such as schools and health infrastructure, housing

infrastructure and civil engineering infrastructure.

 The order of the contractors listing shall be determined by the number of functionality points scored

during the evaluation phase, and where two or more contractors scored equal points, the order will be

determined and/or ranked according to the alphabetical order (name of company).

 Successful bidders will be published on e-tender portal

Stage 2 – Selection for contracting

 TMT selects contracting strategy and the most suitable form of contract from the well-known

industry contracts (JBCC/GCC/NEC/FIDIC) or the Service Level Agreement)

 TMT formulates risk assessment criteria according to the size, scope, nature and complexity of the

construction works project.

 TMT select pricing strategy.

 TMT invites a minimum of three (3) contractors from the Panel of Contractors for quotations based on the

contractors CIDB grading for a minimum period of 7 calendar days.

 TMT will evaluates the submissions based on price and preferential points according to the 80/20 or

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90/10 formula.

 Based on the submission’s evaluation on price, due diligence and risk assessment conducted, TMT shall

appoint the preferred contractor and conclude the JBCC Contract.

 Once a contractor is appointed for construction works, it will not be eligible for another appointment if it is

still busy with the project when the cycle recommences, that contractor will not be invited for quotations.

Successful contractor will be published on the e-tender portal (www.etenders.gov.za). Bidders that are

not listed on the e-tender portal as stipulated above will be deemed to be unsuccessful and will not

receive Regret Letters.

 Placement on the TMT Panel of Contractors is not a conclusion of a contract, nor does it place an

obligation on TMT to procure construction work services from any contractor on the database or an

obligation on the contractors to provide construction works.

 The construction work services shall be on an As and When Required Basis and upon TMT issuing

invites for quotation, appointing the preferred contractor by issuing an appointment letter, have it

accepted by the contractor and concluding the contract.

 It is the responsibility of contractors to regularly inform TMT of all changes relating to the contractor’s

contact information, CIDB Grading and classes of works, CSD registration, Tax compliance, NHBRC

registration etc. as and when changes happen.

 TMT will not be held liable if a panel contractor that does not receive a tender or an invitation for a

quotation due to the above changes and incorrect information.

 Bidders who are listed on National Treasury’s Database of Restricted suppliers will not be eligible to be

registered in this Panel of Contractors.

 Bidders who are responding to this advert bind themselves to the terms and condition of this Panel of

terms of section 59 of the Competition Act No and or may be reported to the National

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

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

and Combating of Corrupt Activities Act No or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS

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.

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

24.1 When, after the date of bid, provisional payments are required, or antidumping or countervailing

duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is

increased in respect of any dumped or subsidized import, the State is not liable for any amount so

required or imposed, or for the amount of any such increase. When, after the said date, such a

provisional payment is no longer required or any such anti-dumping or countervailing right is abolished,

or where the amount of such provisional payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the contractor to the State or the State may deduct such

amounts from moneys (if any) which may otherwise be due to the contractor in regard to supplies or

services which he delivered or rendered, or is to deliver or render in terms of the contract or any other

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

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 Programme (NIPP)

34. Prohibition of restrictive practices

1. Definitions

The following terms shall be interpreted as indicated:

of 38 PANEL OF CONTRACTORS FOR THE PERIOD OF 3 YEARS (36 MONTHS)

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

of bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as

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

and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of

his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a

public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its

government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which

the services are supplied. Goods are produced when, through manufacturing, processing or substantial

and major assembly of components, a commercially recognized new product results that is substantially

different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

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

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified

store or depot or on the specified site in compliance with the conditions of the contract or order, the

supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt

is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA

at lower prices than that of the country of origin and which have the potential to harm the local industries

in the RSA.

1.12 ” Force majeure” means an event beyond the control of the supplier and not involving the supplier’s

fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the

purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions

and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of any bidder and includes collusive practice

among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-

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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 that functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning, provision of

technical assistance, training, catering, gardening, security, maintenance and other such obligations of

the supplier covered under the contract.

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

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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 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 specification, 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 as far as may be necessary for purposes of such performance.

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5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information

mentioned in GCC clause

5.2.1 Except for purposes of performing the contract.

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

5.3.1 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 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 security

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

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

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation

for any loss resulting from the supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract or in a freely

convertible currency acceptable to the purchaser and shall be in one of the following forms:

(a) A bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the

purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding

documents or another form acceptable to the purchaser; or

(b) 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.

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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 analysed 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

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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 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.

supplied goods.

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(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.

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most

recent or current models and those 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.

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

15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC,

the purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which the purchaser may have against the supplier

under the contract.

16. Payment

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

specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the

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

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days

after submission of an invoice or claim by the supplier.

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

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the contract

shall not vary from the prices quoted by the supplier in his bid, with the exception of any price

adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case

may be.

18. Contract amendments

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

amendment signed by the parties concerned.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the

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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 these 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 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, it’s 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

of 38 PANEL OF CONTRACTORS FOR THE PERIOD OF 3 YEARS (36 MONTHS)

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 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

practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure,

upon such terms and in such manner as it deems appropriate, goods, works or services similar to those

undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar

goods, works or services. However, the supplier shall continue performance of the contract to the

extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to

impose a restriction penalty on the supplier by prohibiting such supplier from doing business with the

public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the

supplier, the supplier will be allowed a time period of not more than fourteen (14) days to provide

reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond within

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

against and may impose it on the supplier?

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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: (i) The name and address of the supplier

and / or person restricted by the purchaser; (ii) The date of commencement of the restriction (iii) The

period of restriction; and (iv) The reasons for the restriction. These details will be loaded in the National

Treasury’s central database of 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 and countervailing duties and rights