Research service provider for revenue and tax optimisation and new sources for the western cape government

{"closingDate":"14 AUGUST 2026","closingTime":"11:00","briefingSession":"{"date":"27 July 2026","time":"11H00","venue":"ion of Successful Bidder(s) 14 September 2026","is_compulsory":true}"}

{"name":"Ms. T Ndlazi","email":"[email protected]","phone":"021 483 8915","department":"Supply Chain Management","address":"evenue option."}

Returnable Documents: Please initial..............., 3. WCBD 3.3 Pricing schedule Yes Yes, 4. WCBD 4: Declaration of Interest Yes Yes, 6. Full CSD report No Yes, 1. Qualifications of the research team (resources), 2. CV of the research team (resources) detailing No Yes the minimum requirements depicted in table B1., 4 Reference letters (Please refer to Table C2 of

requirements, evaluation criteria, and contractual obligations that will govern this research

1.3 The research project seeks to generate high-quality, evidence-based insights that will inform policy,

• Evaluation of the advantages and disadvantages of the regulatory implications of each proposed

2.1 The following preference point systems are applicable to all bids

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes

the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes

2.2 Preference point system for this bid

and therefore the 80/20 preference point system shall be applicable;

2.3 Preference points for this bid (even in the case of a tender for income-generating contracts) shall

2.4 The maximum points for this bid are allocated as follows

Total points for Price and B-BBEE must not exceed 100

Intellectual Property Commission, will be interpreted to mean that preference points for B-BBEE status

any time subsequently, to substantiate any claim in regard to preferences, in any manner required

obtaining the highest number of total points will be awarded the contract.

3.2 A tenderer must submit proof of its B-BBEE status level of contributor in order to claim points for

to B-BBEE will not be disqualified but will only score

a) points out of 80 for price; and

b) 0 points out of 20 for B-BBEE

3.4 Points scored must be roun

3.4 Points scored must be rounded off to the nearest 2 decimal places.

3.5 In the event that two or more bids have scored equal total points,

Wcpt 03/2025/26: terms of reference for the appointment of a service provider to undertake

Research to optimise existing sources of revenue and taxes, including an update of the

Provincial fuel levy, and to explore and identify additional and new sources of revenue

And taxes for the western cape government

Closing date and time:

14 august 2026 at 11:00

Bid validity period:

90 days

Tender box:

Provincial treasury

Ground floor (foyer)

4 dorp street

Tower block

Cape town

www.westerncape.gov.za of 56

Provincial Treasury | Supply Chain Management

Table of Contents

Section a information to the bidders ......................................................................................................... 4

Annexure A: Part A - Invitation to BID ....................................................................................................................... 11

Annexure A: Part B ...................................................................................................................................................... 13

Annexure B: WCBD 4 .................................................................................................................................................. 14

Annexure C: WCBD 6.1 .............................................................................................................................................. 21

Annexure D: General conditions of contract ......................................................................................................... 28

Section b: terms of reference ....................................................................................................................... 39

Section c: conditions of the bid .................................................................................................................. 46

Section d .................................................................................................................................................................... 55

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Table 1: bid document checklist and returnable documents submitted

Phase 1 (part a): standard bid documents (compliance)

Included in the Bidder to tick YES if To be returned# Document Name publish bid document is by the bidder document submitted

1. WCBD 1: Invitation to Bid Yes Yes

2. Proof of authority must be submitted as per #1

e.g., company resolution for the capacity under No Yes

which this bid is signed

3. WCBD 3.3 Pricing schedule Yes Yes

4. WCBD 4: Declaration of Interest Yes Yes

5. WCBD 6.1: Preference Points Claim Form Yes Yes

6. Full CSD report No Yes

Phase 1 (part b): compliance to minimum bid/tor conditions and requirements

1. Qualifications of the research team (resources)

as per the minimum requirements depicted in No Yes

table B1

2. CV of the research team (resources) detailing No Yes the minimum requirements depicted in table B1.

3. Service provider to provide Portfolio of Evidence No Yes

4 Reference letters (Please refer to Table C2 of

Phase 1 (Part B): Minimum Bid Conditions & No Yes

Submission Requirements)

5. Annexure A – Summary of Reference Letters

Yes Yes Submitted

6. High level proposal No Yes

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Section a information to the bidders

1.1 The Provincial Treasury (PT) hereby invites bids for the appointment of a service provider to conduct

a 2 (two) year research study to optimise and enhance revenue sources within the province. The

study will focus on assessing and optimising existing sources of revenue, identifying additional and

new (viable) revenue sources and updating the previous Fuel Levy study.

1.2 The purpose is to ensure that all bidders have a clear understanding of the scope of work, submission

requirements, evaluation criteria, and contractual obligations that will govern this research

assignment.

1.3 The research project seeks to generate high-quality, evidence-based insights that will inform policy,

strategy, and decision-making within the specified domain. Bidders are therefore, expected to

demonstrate proven expertise in the relevant research area, methodological rigour, and the

capacity to deliver outputs within the stipulated timelines and budget.

1.4 Bidders are required to submit an economic research business proposal which outlines the following:

A. Executive Summary and Research Process

Executive Summary

Introduction, Background and Context

Research Objectives and Scope

Methodology and Approach (Research design, data sources, analytical techniques)

B. Scoping Exercise for Current and Additional Revenue Options

Conduct an initial scan of revenue instruments, accompanied by a comprehensive impact

assessment of each proposed option, before narrowing down to the most viable and impactful

options. Bidders are required to evaluate the pros/cons, feasibility, and regulatory implications

as part of the scoping exercise:

• Optimizing current Provincially raised Revenue Sources and Taxes

• Identifying New Provincially Raised Revenue Sources and Taxes

C. Updating the Fuel Levy Study

Data and statistical refresh

Comparative analysis with previous Fuel Levy study

Brief recommendations based on refreshed dataset

D. In-Depth Analysis of Narrowed Down Identified Revenue Instruments (from Section B)

Feasibility assessments

• Economic implications (e.g., growth, investment, business sustainability);

• Social impacts (e.g., affordability, equity, citizen welfare);

• Regulatory and legal considerations;

• Risks and benefits relative to sustainability and fiscal viability.

Comprehensive impact assessment

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• Evaluation of the advantages and disadvantages of the regulatory implications of each proposed

revenue option.

Risk assessment and implementation considerations

Ranking of revenue options

Recommendations for full rollout or pilot implementation

E. Skills Transfer and Capacity Building Plan

Objectives and Scope of Skills Transfer

Methods of Transfer

Timelines and Milestones

Roles and Responsibilities

Measurable Indicators

Monitoring and Reporting

F. Conclusion and recommendations

G. Appendices

1.5 The bidder(s) is/are expected to review all instructions, forms, terms, and specifications in the bidding

documents. Failure to provide all information required by the bidding documents may result in the

rejection of their bid.

1.6 The Provincial Treasury is committed to a transparent, fair, and competitive bidding process. Bidders

are welcome to seek clarifications within the period allocated for questions, and responses will be

shared in writing with all participating bidders to ensure equal access to information.

1.7 Bidder to be appointed for a period of 2 (two) years.

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2. Timelines of the bid process

Activity Due date

Advertisement of Bid on National Treasury e-Tenders Portal: 14 July 2026

https://www.etenders.gov.za/

Non-compulsory Briefing Session 27 July 2026

Bid Closure 14 August 2026

Notification of Successful Bidder(s) 14 September 2026

Notice to all bidders on National Treasury e-Tenders Portal: 14 September 2026

https://www.etenders.gov.za/

Validity of Bids after Bid Closure is 90 days. However, circumstances may arise whereby the Provincial

Treasury may request the bidders to extend the validity (binding) period. Should this occur, the Department

will request bidders to extend the validity (binding) period under the same terms and conditions as originally

tendered by the bidders. This request will be done before the expiry of the original validity (binding) period.

3. Briefing session (delete if not applicable)

3.1. A non-compulsory information / briefing session will be held on the 27 July 2026 at 11H00, via MS

Teams. Bidders need to register their interest to [email protected] in order to

receive an invitation to the meeting.

4. Central supplier database

4.1. All prospective bidders intending to do business with the Institution must be registered on the Central

Supplier Database (CSD).

4.2. Bidders must be registered on the Central Supplier Database (CSD) at the time of the award. Failure

to be actively registered on the CSD by the time of award will result in the disqualification of the bid.

4.3. If you wish to apply for CSD registration, suppliers may go to www.csd.gov.za to register.

4.4. Bidders must ensure that all the documentation on the CSD is updated, complete and valid.

4.5. Bidders are also required to submit the latest CSD registration summary report. Bidders must ensure

that their tax information on the CSD is up to date.

4.6. The bidders should furthermore note that CSD will be utilised to conform compliance to tax and other

related matters, and it is therefore the bidder’s responsibility to ensure compliance in all respects.

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5. Western cape supplier evidence bank (wcseb)

5.1 Kindly note that this is merely for information purposes and does not form part of the

requirements for this tender.

5.2 All prospective bidders intending to do business with the Institution must be registered with the

Western Cape Supplier Evidence Bank (WCSEB) if they wish to do business with the Western

Cape Government (WCG)via the electronic Procurement Solution (ePS)

5.3 All prospective service providers are invited to register online as a supplier on the Western Cape

e-Procurement Solution. Enquiries regarding the registration process may be referred to

[email protected]

5.4 Bidders bear the responsibility of ensuring that any documents that are housed and appear on

the WCSEB, are fully accurately completed and valid at the time of bid closure.

6. Submission of bids

Physical address and hard and soft copy bid submission

6.1. Bidders are required to submit hard copies to Provincial Treasury, deposited in the bid box marked,

“Provincial Treasury” situated at:

Ground Floor (Foyer)

4 Dorp Street (c/o Dorp and Keerom Street)

Tower Block

Cape town

8001

Or

couriered to:

For attention: Ms Tumeka Ndlazi

Provincial Treasury

4 Dorp Street (c/o Dorp and Keerom Street)

1st Floor, Tower Block

Cape town

8001

6.2. The hard copy of the bid response will serve as the legal bid document.

6.3. Bidders’ attention is drawn to the sequential submission format as per the checklist in Table 1, in the

following format:

a) A bid should be submitted in a sealed envelope or sealed suitable cover on which the name

and address of the bidder, the bid number and the closing date must be visible.

b) Submit all bid queries via email, pertaining bid procedure, specification, and technical

queries, please contact the following:

Bid Procedure enquiries:

Mr Neo Rhapale Email: [email protected]:

Specification and technical enquiries:

Mr John Ford Email: [email protected]

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6.4. Potential bidders are required to send any enquiries related to the bid in writing to the

abovementioned officials. All enquiries should be sent to the Department on or before the close of

business day, 10 August 2026.

6.5. Bidders should note that all questions received will be consolidated and responses will be sent to all

the bidders via e-Tender Portal.

7. Communication

7.1. Provincial Treasury may communicate with bidders for, among others, where bid clarity is sought, to

obtain information or to extend the validity period. Any communication either by an electronic mail

or letter or any other form of correspondence to any department official, department or a person

acting in an advisory capacity for the Provincial Treasury in respect of this bid between the closing

date and the award of the bid by the bidder is prohibited.

8. General bid conditions

8.1 All bids are subject to the General Conditions of Contract of Government (GCC).

8.2 Bid documents will only be considered if received by the Department before the closing date and

time.

8.3 Late bids will not be accepted.

8.4 Please note:

a) It is the bidder’s responsibility to ensure that all the required documents of the bid are

submitted.

b) A bid document checklist is attached as Table 1 for guidance purposes. Bidders are

encouraged to use the checklist when preparing their submissions to ensure that all required

information is included.

c) No correspondence will be entered into regarding non submission of compulsory required

documents. Failure to submit mandatory documents might render the bid

non-responsive.

8.5 Only offers from bidders who bid for a complete service covered all specified requirements will be

considered.

8.6 The Western Cape Provincial Treasury (WCPT) is not bound to accept any of the proposals submitted.

8.7 All bids submitted must remain valid for 90 days from date of submission.

8.8 The WCPT further reserves the right to request the bidders to deliver presentations to obtain more

clarity on bids submitted.

8.9 Information in substantiation of the proposals can at any point in time be verified by the WCPT during

the adjudication process. Any information provided will be treated with the utmost confidentiality.

8.10 Bidders may not contact the WCPT on any matter pertaining to their bid from the bid closure date

to the time the bid is awarded. Any effort by a bidder(s) to influence the bid evaluation, bid

comparisons or bid award decisions, in any manner, will result in rejection of the bid concerned.

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8.11 All educational qualifications should be from a South African accredited institution. Qualifications

from foreign institutions must either be accredited by SAQA or evidence of SAQA application must

be provided. Full SAQA accreditation must be obtained prior to contract award.

8.12 Bidders must not have been convicted of criminal offence as per the Criminal Procedure Act and its amendments, and any other relevant legislation.

8.13 If the service provider will be insourcing or subcontracting resources, this must be clearly indicated

in the bid document. Bidders must disclose such information on their WCBD 6.1 form and provide the

sub-contractors information. (Please refer to section 9 of the WCBD 6.1 form).

8.14 Proof of qualifications, CVs, B-BBEE Certificate/Sworn Affidavit and Central Supplier Database (CSD)

Report of the insourcing/subcontracting resource/s must be submitted as part of the bid documents,

along with the requirements of the main resources.

8.15 The Department and the appointed service provider will enter into a formal Service Level Agreement

(SLA), which shall form part of the contract. The SLA will:

Address binding timelines, deadlines, and quality standards for all deliverables;

Include provisions for penalties, withholding of payment, or contract termination in case of non-

performance or substandard delivery;

Specifically cover Section B, Subsections 4 and 5 (ensure references match the TOR).

8.16 Acceptance of Contractual Conditions:

a) By submitting a bid, bidders are deemed to have read and understood the Terms of

Reference (ToR) and the General Conditions of Contract (GCC), which will form part of any

contract awarded.

b) The successful bidder will formally acknowledge and accept the ToR and GCC by signing

the contract.

c) Failure by the successful bidder to sign and return the contract within the stipulated

timeframe may result in withdrawal of the award and the Department proceeding to the

next ranked bidder or re-advertising the bid.

8.17 Discretion may be applied on immaterial cases such as minor administrative omissions (i.e failing to

initial every page, omission of signature on a non-mandatory form (where authority to sign is evident

elsewhere), and an immaterial spelling and/or formatting error), where the bidder’s intention to

comply is clearly evident, may be condoned at the sole discretion of the Department, provided that

such omissions are not material to the evaluation process. An immaterial omission or error is one

which has no impact on the content of the BID documentation. While the material takes into

consideration non-compliance to mandatory requirement.

9. Intellectual property and confidentiality

9.1 The ownership of and all rights in and to intellectual property owned by either Party prior to the

commencement of the contract shall be and remain vested with the Party who, at the

commencement of the contract, is the owner thereof.

9.2 Subject to the provisions of clause 10.15.1, the successful bidder shall retain all intellectual property

rights in any materials and the like of whatsoever nature developed by it for the Western Cape

Government while rendering the services required in terms of the Terms of Reference (ToR). The

successful bidder shall, however, grant to the Western Cape Government, a perpetual, irrevocable,

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world-wide, non-exclusive, and non-transferable royalty-free and fee-free license to use and adapt

the intellectual property in such materials/reports and the like for the purpose of any future

programmes that the Western Cape Government may require.

9.3 Ownership of all intellectual property in any reports that was specifically developed or generated by

the successful bidder for the Provincial Treasury pursuant to these Terms of Reference shall vest in

Provincial Treasury.

9.4 The successful bidder shall not use or allow any third party to use any of the documentation and

materials specifically developed by the successful bidder for and with input from the Western Cape

Government pursuant to these Terms of Reference without the prior written consent of the Provincial

Treasury.

9.5 All information and documentation provided to the successful bidder by the Western Cape

Government officials and/or municipalities in relation to and/or during the rendering of the services

referred to in these Terms of Reference must be kept confidential by the successful bidder, may not

be disclosed by the successful bidder to any third parties, unless prior written permission has been

obtained from the Provincial Treasury and subject to any conditions stipulated by the Provincial

Treasury.

9.6 The successful bidder/s hereby indemnifies the Provincial Treasury from and against any claim that

any material used by the successful bidder/s, in the course of providing the Services to the Provincial

Treasury pursuant to these Terms of Reference, infringes any third party’s intellectual property rights.

10. Joint ventures, consortiums and trusts

10.1 A trust, consortium, or joint venture will qualify for points for their B-BBEE status level as a legal entity.

10.2 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an

unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they

were a group structure and that such a consolidated B-BBEE scorecard is prepared for every

separate bid.

10.3 Bidders must submit concrete proof of the existence of joint ventures or consortium arrangements.

Provincial Treasury will accept signed agreements as acceptable proof of the existence of a joint

venture or consortium arrangement.

10.4 The agreements must clearly set out:

The roles and responsibilities of the Lead Partner and the other parties;

Identification of the Lead Partner, who must have the authority to bind the other party/parties

in all matters relating to the JV/consortium;

Responsibilities for contractual obligations, deliverables, and communications with the

Department.

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Annexure A: Part A - Invitation to BID

Invitation to bid

Zero-tolerance to fraud, theft and corruption (anti-fraud, theft and corruption)

The wcpt is committed to govern ethically and to comply fully with anti-fraud, theft and corruption

Laws and to continuously conduct itself with integrity and with proper regard for ethical practices.

The wcpt has a zero tolerance approach to acts of fraud, theft and corruption by its officials and any

Service provider conducting business with the wcpt.

The wcpt expects all its officials and anyone acting on its behalf to comply with these principles to act

In the best interest of the wcpt and the public at all times.

The wcpt is committed to protecting public revenue, expenditure, assets and reputation from any attempt

By any person to gain financial or other benefit in an unlawful, dishonest or unethical manner.

Incidents and suspicious activities will be thoroughly investigated and where criminal activity is

Confirmed, responsible parties will be prosecuted to the full extent of the law.

You are hereby invited to bid for requirements of the western cape provincial treasury

Bid number: wcpt 03/2025/26R closing date: 14 august 2026 closing time: 11:00

Terms of reference for the appointment of a service provider to undertake research

To optimise existing sources of revenue, including an update of the provincial fueldescription levy, and to explore and identify additional and new sources of revenue and taxes

For the western cape government

Bid response documents may be deposited in the bid box (marked “provincial treasury”)

Situated at:

Ground Floor (Foyer)

4 Dorp Street (c/o Dorp and Keerom street)

Tower Block,

Cape town

8000

Bidding procedure enquiries may be directed to technical enquiries may be directed to:

CONTACT CONTACT Mr Neo Rhapale John FordPERSON PERSON

Telephone telephone 021 483 8915 021 483 8075number number

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

Supplier information

Name of bidder

Postal address

Street address

Telephone code numbernumber

Cellphone

Number

Facsimile code numbernumber

E-mail address

VAT

Registration

Number

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SUPPLIER WCSEB No. TCS AND CSD No: MAAA

Compliance pin:

Status

Supplier information

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

LEVEL Yes No SWORN AFFIDAVIT Yes No

Verification

Advertisement of Bid on National Treasury e-Tenders Portal: 14 July 2026

https://www.etenders.gov.za/

Non-compulsory Briefing Session 27 July 2026

Bid Closure 14 August 2026

Notification of Successful Bidder(s) 14 September 2026

Notice to all bidders on National Treasury e-Tenders Portal: 14 September 2026

https://www.etenders.gov.za/

Validity of Bids after Bid Closure is 90 days. However, circumstances may arise whereby the Provincial

Treasury may request the bidders to extend the validity (binding) period. Should this occur, the Department

will request bidders to extend the validity (binding) period under the same terms and conditions as originally

tendered by the bidders. This request will be done before the expiry of the original validity (binding) period.

3. Briefing session (delete if not applicable)

3.1. A non-compulsory information / briefing session will be held on the 27 July 2026 at 11H00, via MS

Teams. Bidders need to register their interest to [email protected] in order to

receive an invitation to the meeting.

8.11 All educational qualifications should be from a South African accredited institution. Qualifications

from foreign institutions must either be accredited by SAQA or evidence of SAQA application must

be provided. Full SAQA accreditation must be obtained prior to contract award.

8.12 Bidders must not have been convicted of criminal offence as per the Criminal Procedure Act and its amendments, and any other relevant legislation.

8.13 If the service provider will be insourcing or subcontracting resources, this must be clearly indicated

in the bid document. Bidders must disclose such information on their WCBD 6.1 form and provide the

sub-contractors information. (Please refer to section 9 of the WCBD 6.1 form).

8.14 Proof of qualifications, CVs, B-BBEE Certificate/Sworn Affidavit and Central Supplier Database (CSD)

4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and

specification.

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 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 them audited by auditors appointed by the purchaser, if so required by

the purchaser.

IF YES, WAS THE [TICK APPLICABLE BOX] CERTIFICATE Yes No ISSUED BY A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN NATIONAL ACREDITATION SYSTEM (SANAS) [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT (FOR EMEs& QSEs) MUST BE SUBMITTED TOGETHER WITH A COMPLETED 6.1 IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] 1.1.1.1 ARE YOU 1.1.1.2 ARE YOU A THE ACCREDITED FOREIGN BASED REPRESENTATIVE SUPPLIER FOR THE Yes No Yes No IN SOUTH AFRICA GOODS/SERVICES/ [IF YES, ANSWER THE [IF YES ENCLOSE PROOF]FOR THE GOODS/ WORKS OFFERED? QUESTIONNAIRE BELOW] SERVICES/ WORKS OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW. of 56 Please initial............... Annexure A: Part B

Bid submission 1.1 Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for consideration. 1.2 All bids must be submitted on the official forms provided – (not to be re-typed) or in the manner prescribed in the bid document. 1.3 This bid is subject to the preferential procurement policy framework act, 2000 and the preferential procurement regulations, 2022, the general conditions of contract (gcc) and, if applicable, any other special conditions of contract. 1.4 The successful bidder will be required to fill in and sign a written contract form (wcbd7).

TAX COMPLIANCE REQUIREMENTS 2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E-FILING THROUGH THE WEBSITE WWW.SARS.GOV.ZA. 2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA/JOINT VENTURES/SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE AND CSD NUMBER AS MENTIONED IN 2.3 ABOVE. 2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS WHO ARE PERSONS IN THE SERVICE OF THE STATE.” NB: FAILURE TO PROVIDE/OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. TERMS AND CONDITIONS FOR BIDDING SIGNATURE OF BIDDER: _____________________________ CAPACITY UNDER WHICH THIS BID IS SIGNED: _____________________________ (Proof of authority must be submitted e.g. company resolution) DATE: _____________________________ of 56 Please initial............... Annexure B: WCBD 4 PROVINCIAL GOVERNMENT OF WESTERN CAPE DECLARATION OF INTERESTS, BIDDERS PAST SCM PRACTICES AND INDEPENDENT BID DETERMINATION

To give effect to the requirements of the Western Cape Provincial Treasury Instructions, 2019: Supply Chain Management (Goods and Services), Public Finance Manage Act (PFMA) Supply Chain Management (SCM) Instruction No. /2022 - SBD 4 Declaration of Interest, Section 4(1)(b)(iii) of the Competition Act No. as amended together with its associated regulations, the Prevention and Combating of Corrupt Activities Act No and regulations pertaining to the tender defaulters register, Paragraph 16A9 of the National Treasury Regulations and/or any other applicable legislation.

Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid. In line with the principles of transparency, accountability, impartiality, and ethics as enshrined in the Constitution of the Republic of South Africa and further expressed in various pieces of legislation, it is required for the bidder to make this declaration in respect of the details required hereunder.

All prospective bidders intending to do business with the Institution must be registered on the Central Supplier Database (CSD) and the Western Cape Supplier Evidence Bank (WCSEB) if they wish to do business with the Western Cape Government (WCG)via the electronic Procurement Solution (e-PS).

The status of enterprises and persons listed on the National Treasury’s Register for Tender Defaulters will be housed on the e-PS. Institutions may not under any circumstances procure from enterprises and persons listed on the Database of Tender Defaulters.

The status of suppliers listed on the National Treasury’s Database of Restricted Suppliers will be housed on the e-PS; however, it remains incumbent on institutions to check the National Treasury Database of Restricted Suppliers before the conclusion of any procurement process. For suppliers listed as restricted, institutions must apply due diligence and risk assessment before deciding to proceed with procurement from any such supplier

DEFINITIONS “bid” means a bidder’s response to an institution’s invitation to participate in a procurement process which may include a bid, price quotation or proposal; “Bid rigging (or collusive bidding)” occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and/or services for purchasers who wish to acquire goods and/or services through a bidding process. Bid rigging is, therefore, an agreement between competitors; ‘‘business interest’’ means

a right or entitlement to share in profits, revenue or assets of an entity;

a real or personal right in property;

a right to remuneration or any other private gain or benefit, or

includes any interest contemplated in paragraphs (a), (b) or (c) acquired through an intermediary and any potential interest in terms of any of those paragraphs; of 56 Please initial............... “Consortium or Joint Venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; “Controlling interest” means, the power, by one person or a group of persons holding the majority of the equity of an enterprise, alternatively, the person/s having the deciding vote or power to influence or to direct the course and decisions of the enterprise. “Corruption”- General offences of corruption are defined in the Combating of Corrupt Activities Act, 2004 (Act No ) as: Any person who directly or indirectly

accepts or agrees or offers to accept an!' gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or

gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or for the benefit of another person., in order to act personally or by influencing another person so to act, in a manner: (i) that amounts to the: (aa) illegal, dishonest, unauthorised, incomplete. or biased: or (bb) misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation: (ii) that amounts to: (aa) the abuse of a position of authority; (bb) a breach of trust; or (cc) the violation of a legal duty or a set of rules; (iii) designed to achieve an unjustified result; or (iv) that amounts to any other unauthorised or improper inducement to do or 45 not to do anything. of the, is guilty of the offence of corruption “CSD” means the Central Supplier Database maintained by National Treasury; “employee”, in relation to

a department, means a person contemplated in section 8 of the Public Service Act, 1994 but excludes a person appointed in terms of section 12A of that Act; and

a public entity, means a person employed by the public entity; ‘‘entity’’ means any

association of persons, whether or not incorporated or registered in terms of any law, including a company, corporation, trust, partnership, close corporation, joint venture or consortium; or

sole proprietorship; of 56 Please initial............... ‘‘entity conducting business with the Institution’’ means an entity that contracts or applies or tenders for the sale, lease or supply of goods or services to the Province; “Family member” means a person’s

child, parent, brother, sister, whether such a relationship results from birth, marriage or adoption or some other legal arrangement (as the case may be); ‘‘intermediary’’ means a person through whom an interest is acquired and includes a representative or agent or any other person who has been granted authority to act on behalf of another person; “Institution” means: a provincial department or provincial public entity listed in Schedule 3C of the Act; “Provincial Government Western Cape (PGWC)” means

the Institution of the Western Cape; and

a provincial public entity; “RWOEE” means: Remunerative Work Outside of the Employee’s Employment ‘‘spouse’’ means a person’s

partner in marriage or civil union according to legislation;

partner in a customary union according to indigenous law; or

partner with whom he or she cohabits and who is publicly acknowledged by the person as his or her life partner or permanent companion;

Regulation 13(c) of the Public Service Regulations (PSR) 2016, effective 1 February 2017, prohibits any employee from conducting business with an organ of state, or holding a directorship in a public or private company doing business with an organ of state unless the employee is a director (in an official capacity) of a company listed in schedules 2 and 3 of the Public Finance Management Act.

Therefore, by 31 January 2017, all employees who are conducting business with an organ of state should either have: (i) resigned as an employee of the government institution; (ii) ceased conducting business with an organ of state; or (iii) resigned as a director/shareholder/owner/member of an entity that conducts business with an organ of state.

Any legal person, or their family members, may make an offer or offers in terms of this invitation to bid. In view of potential conflict of interest, in the event that the resulting bid, or part thereof, be awarded to family members of persons employed by an organ of state, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/ adjudicating authority where the bidder is employed by the Institution. of 56 Please initial...............

The bid of any bidder may be disregarded if that bidder or any of its directors abused the institution’s supply chain management system; committed fraud or any other improper conduct in relation to such system; or failed to perform on any previous contract.

Section 4(1)(b)(iii) of the Competition Act No. , as amended, prohibits an agreement between, or concerted practice by firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging). Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds.

B-BBEE Minimum Level: 20

Points Allocation: 90 points

B-BBEE Details: SAQA or evidence of SAQA application must

be provided. Full SAQA accreditation must be obtained prior to contract award.

8.12 Bidders must not have been convicted of criminal offence as per the Criminal Procedure Act and its amendments, and any other relevant legislation.

8.13 If the service provider will be insourcing or subcontracting resources, this must be clearly indicated

in the bid document. Bidders must disclose such information on their WCBD 6.1 form and provide the

sub-contractors information. (Please refer to section 9 of the WCBD 6.1 form).

8.14 Proof of qualifications, CVs, B-BBEE Certificate/Sworn Affidavit and Central Supplier Database (CSD)

Report of the insourcing/subcontracting resource/s must be submitted as part of the bid documents,

along with the requirements of the main resources.

8.15 The Department and the appointed service provider will enter into a formal Service Level Agreement

(SLA), which shall form part of the contract. The SLA will:

Address binding timelines, deadlines, and quality standards for all deliverables;

Include provisions for penalties, withholding of payment, or contract termination in case of non-

performance or substandard delivery;

Specifically cover Section B, Subsections 4 and 5 (ensure references match the TOR).

8.16 Acceptance of Contractual Conditions:

a) By submitting a bid, bidders are deemed to have read and understood the Terms of

Reference (ToR) and the General Conditions of Contract (GCC), which will form part of any

contract awarded.

b) The successful bidder will formally acknowledge and accept the ToR and GCC by signing

the contract.

c) Failure by the successful bidder to sign and return the contract within the stipulated

timeframe may result in withdrawal of the award and the Department pr

5. Western cape supplier evidence bank (wcseb)

5.1 Kindly note that this is merely for information purposes and does not form part of the

requirements for this tender.

5.2 All prospective bidders intending to do business with the Institution must be registered with the

Western Cape Supplier Evidence Bank (WCSEB) if they wish to do business with the Western

Cape Government (WCG)via the electronic Procurement Solution (ePS)

5.3 All prospective service providers are invited to register online as a supplier on the Western Cape

e-Procurement Solution. Enquiries regarding the registration process may be referred to

[email protected]

5.4 Bidders bear the responsibility of ensuring that any documents that are housed and appear on

the WCSEB, are fully accurately completed and valid at the time of bid closure.

Supplier Database (CSD) and the Western Cape Supplier Evidence Bank (WCSEB) if they wish to do

business with the Western Cape Government (WCG)via the electronic Procurement Solution (e-PS).

4. The status of enterprises and persons listed on the National Treasury’s Register for Tender Defaulters

will be housed on the e-PS. Institutions may not under any circumstances procure from enterprises

and persons listed on the Database of Tender Defaulters.

5. The status of suppliers listed on the National Treasury’s Database of Restricted Suppliers will be housed

on the e-PS; however, it remains incumbent on institutions to check the National Treasury Database

of Restricted Suppliers before the conclusion of any procurement process. For suppliers listed as

restricted, institutions must apply due diligence and risk assessment before deciding to proceed with

procurement from any such supplier

‘‘entity conducting business with the Institution’’ means an entity that contracts or applies or

tenders for the sale, lease or supply of goods or services to the Province;

“Family member” means a person’s:

a) spouse; or

b) child, parent, brother, sister, whether such a relationship results from birth, marriage or

adoption or some other legal arrangement (as the case may be);

‘‘intermediary’’ means a person through whom an interest is acquired and includes a

representative or agent or any other person who has been granted authority to act on behalf

of another person;

“Institution” means:

a provincial department or provincial public entity listed in Schedule 3C of the Act;

“Provincial Government Western Cape (PGWC)” means:

a) the Institution of the Western Cape; and

b) a provincial public entity;

“RWOEE” means:

Remunerative Work Outside of the Employee’s Employment

‘‘spouse’’ means a person’s:

a) partner in marriage or civil union according to legislation;

b) partner in a customary union according to indigenous law; or

c) partner with whom he or she cohabits and who is publicly acknowledged by the person as his or

her life partner or permanent companion;

7. Regulation 13(c) of the Public Service Regulations (PSR) 2016, effective 1 February 2017, prohibits any

employee from conducting business with an organ of state, or holding a directorship in a public or

private company doing business with an organ of state unless the employee is a director (in an

official capacity) of a company listed in schedules 2 and 3 of the Public Finance Management Act.

a) Therefore, by 31 January 2017, all employees who are conducting business with an organ

of state should either have:

(i) resigned as an employee of the government institution;

(ii) ceased conducting business with an organ of state; or

(iii) resigned as a director/shareholder/owner/member of an entity that conducts business with

an organ of state.

shareholders and directors who acted on a fraudulent basis, may be restricted from

obtaining business from any organ of state for a period not exceeding 10 years, after the

audi alteram partem (hear the other side) rule has been applied.

a) The purchaser may, in addition to any other remedy it may have:

(v) disqualify the person from the bidding process;

(vi) recover costs, losses or damages it has incurred or suffered as a result of that person’s

conduct;

(vii) cancel the contract and claim any damages which it has suffered as a result of having to

make less favourable arrangements due to such cancellation; and

(viii) forward the matter for criminal prosecution.

b) The information furnished is true and correct.

c) The preference points claimed are in accordance with the General Conditions as indicated

in paragraph 2 of this form.

Signature(s) of the bidder(s): .......................................................................

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

Address: ......................................................................................................

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

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 subsidised 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 recognised new product results that

are 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.

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8.1 All bids are subject to the General Conditions of Contract of Government (GCC).

8.2 Bid documents will only be considered if received by the Department before the closing date and

time.

8.3 Late bids will not be accepted.

8.4 Please note:

a) It is the bidder’s responsibility to ensure that all the required documents of the bid are

submitted.

b) A bid document checklist is attached as Table 1 for guidance purposes. Bidders are

encouraged to use the checklist when preparing their submissions to ensure that all required

information is included.

c) No correspondence will be entered into regarding non submission of compulsory required

documents. Failure to submit mandatory documents might render the bid

non-responsive.

8.5 Only offers from bidders who bid for a complete service covered all specified requirements will be

considered.

8.6 The Western Cape Provincial Treasury (WCPT) is not bound to accept any of the proposals submitted.

8.7 All bids submitted must remain valid for 90 days from date of submission.

8.8 The WCPT further reserves the right to request the bidders to deliver presentations to obtain more

clarity on bids submitted.

8.9 Information in substantiation of the proposals can at any point in time be verified by the WCPT during

the adjudication process. Any information provided will be treated with the utmost confidentiality.

8.10 Bidders may not contact the WCPT on any matter pertaining to their bid from the bid closure date

to the time the bid is awarded. Any effort by a bidder(s) to influence the bid evaluation, bid

comparisons or bid award decisions, in any manner, will result in rejection of the bid concerned.

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9.1 The ownership of and all rights in and to intellectual property owned by either Party prior to the

commencement of the contract shall be and remain vested with the Party who, at the

commencement of the contract, is the owner thereof.

9.2 Subject to the provisions of clause 10.15.1, the successful bidder shall retain all intellectual property

rights in any materials and the like of whatsoever nature developed by it for the Western Cape

Government while rendering the services required in terms of the Terms of Reference (ToR). The

successful bidder shall, however, grant to the Western Cape Government, a perpetual, irrevocable,

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world-wide, non-exclusive, and non-transferable royalty-free and fee-free license to use and adapt

the intellectual property in such materials/reports and the like for the purpose of any future

programmes that the Western Cape Government may require.

9.3 Ownership of all intellectual property in any reports that was specifically developed or generated by

the successful bidder for the Provincial Treasury pursuant to these Terms of Reference shall vest in

9.6 The successful bidder/s hereby indemnifies the Provincial Treasury from and against any claim that

any material used by the successful bidder/s, in the course of providing the Services to the Provincial

Treasury pursuant to these Terms of Reference, infringes any third party’s intellectual property rights.

a) accepts or agrees or offers to accept an!' gratification from any other person, whether for

the benefit of himself or herself or for the benefit of another person; or

b) gives or agrees or offers to give to any other person any gratification, whether for the

benefit of that other person or for the benefit of another person., in order to act personally

or by influencing another person so to act, in a manner:

(i) that amounts to the:

(aa) illegal, dishonest, unauthorised, incomplete. or biased: or

(bb) misuse or selling of information or material acquired in the course of the exercise,

carrying out or performance of any powers, duties or functions arising out of a

constitutional, statutory, contractual or any other legal obligation:

(ii) that amounts to:

(aa) the abuse of a position of authority;

(bb) a breach of trust; or

(cc) the violation of a legal duty or a set of rules;

(iii) designed to achieve an unjustified result; or

(iv) that amounts to any other unauthorised or improper inducement to do or 45 not to do

anything. of the, is guilty of the offence of corruption

“CSD” means the Central Supplier Database maintained by National Treasury;

“employee”, in relation to:

a) a department, means a person contemplated in section 8 of the Public Service Act, 1994

but excludes a person appointed in terms of section 12A of that Act; and

b) a public entity, means a person employed by the public entity;

‘‘entity’’ means any:

a) association of persons, whether or not incorporated or registered in terms of any law,

including a company, corporation, trust, partnership, close corporation, joint venture or

consortium; or

b) sole proprietorship;

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1.1 “acceptable tender” means any tender which, in all respects, complies with the specifications and

conditions of tender as set out in the tender document.

1.2 “affidavit” is a type of verified statement or showing, or in other words, it contains a verification,

meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is

required for court proceedings.

1.3 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

1.4 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the

Broad-Based Black Economic Empowerment Act;

1.5 “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good

practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black

Economic Empowerment Act;

1.6 “bid” means a written offer on the official bid documents or invitation of price quotations and

“tender” is the act of bidding/tendering;

1.7 “Code of Good Practice” means the generic codes or the sector codes as the case may be;

1.8 “consortium or joint venture” means an association of persons for the purpose of combining their

expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

1.9 “contract” means the agreement that results from the acceptance of a bid by an organ of state;

1.10 “EME” is an Exempted Micro Enterprise with an annual total revenue of R10 million or less.

1.11 “Firm price” means the price that is only subject to adjustments in accordance with the actual

increase or decrease resulting from the change, imposition, or abolition of customs or excise duty

and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor

and demonstrably has an influence on the price of any supplies, or the rendering costs of any service,

for the execution of the contract;

1.12 “Large Enterprise” is any enterprise with an annual total revenue above R50 million;

1.13 “non-firm prices” means all prices other than “firm” prices;

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Number of points Number of points B-BBEE Status Level of Contributor (90/10 system) (80/20 system)

7 2 4

8 1 2

Non-compliant contributor 0 0

6.2 An EME must submit a valid, originally certified affidavit confirming annual turnover and level of black

ownership or an affidavit issued by Companies Intellectual Property Commission.

6.3 A QSE that is less than 51 per cent (50 per cent or less) black owned must be verified in terms of the

of a B-BBEE Verification Certificate issued by SANAS.

6.4 A QSE that is at least 51 per cent black owned (51 per cent or higher) must submit a valid, originally

certified affidavit confirming turnover and level of black ownership as well as declare its empowering

status or an affidavit issued by Companies Intellectual Property Commission.

6.5 A large enterprise must submit a valid, original or originally certified copy of a B-BBEE Verification

industries in the RSA.

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

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

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

restrictions and freight embargoes.

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

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

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

non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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 organisation purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as

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

technical assistance, training, catering, gardening, security, maintenance and other

such obligations of the supplier covered under the contract.

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

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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.

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