Supply and delivery of local content mesh wire (REF. 888) for midmar access roads project, KZN

Roads project in midmar dam (howick) in kwazulu natal province

13. Rejection of bids

14. Results of bids

6.

Instructions to bidders

1. Issuing of documents

(a) 1. A complete set of bid documents is issued to a list of prospective Bidders, sourced from National

Treasury’s Central Supplier Database.

2. Bid documents for bids advertised on CIDB will be made available on written request via E-mail.

3. A complete set of bid documents can be downloaded from E-Portal for the bids advertised on E-Portal

(b) Bidders must satisfy themselves that the document is complete and conform to the index of this document.

Should any figures or writing be indistinct or should any pages be missing from this document or should this

document or the drawing(s) contain any obvious errors, the Bidders must immediately notify the Department in

order to have any discrepancy rectified or clarified before submitting his bid. Such clarification will be valid only

if made by the Department by means of formal amendment as described hereunder prior to the date of

submission of bids. The Department may issue amendments to clarify or modify the Bid Documents. A copy of

each amendment will be issued to each bidder and shall be acknowledged on the form issued with the

amendments. No claim whatsoever will be entertained for faults in the bid price resulting from the above-

mentioned discrepancies.

(c) No alterations, omissions or additions shall be made to this document, but should it be deemed necessary to do

so, the Bidder is at liberty to qualify his bid.

(d) All Bidders shall be deemed to have waived, renounced and abandoned any conditions printed or written upon

any stationery used by them for the purpose of or in connection with the submission of bids which are in conflict

with the conditions laid down in this document.

(e) Only locally produced or locally manufactured mesh wire products from local raw material or input will be

considered for this bid. The stipulated minimum threshold for local production and content for ,mesh wire sector

is 100%.

2. Queries with respect to this bid

Queries of a specific administartion nature should be directed to Ms.N.A. Molefe/Mrs. I.C. Msibi in writing to:

SCM , Department of Water and Sanitation at [email protected]/[email protected] or telephonically on

060 569 3816.....

Queries of a specific technical nature should be directed to Mr: B.E. Shabalala in writing to:

[email protected], 060 980 6204

3. Completion of bids

(a) The bid must be signed on the Invitation to Bid form (SBD 1) annexed hereto with all blanks in the bid and the

appendix filled in.

(b) All spaces in the bid forms and other annexures shall be completed in full.

(c) Section 3 in the bid document and the Pricing Schedule must be fully completed and priced out by the

bidder. Failure to do so will deem your bid invalid.

(d) The bid documents shall not be separated in any way nor must any pages be detached from the original

documents.

4. Submission of bids

The Bid Document shall be completed, signed and submitted as follows:

(a) The original Bid, together with a covering letter and supporting documents, shall be sealed in an envelope endorsed:

“Original Bid: WTE 1011 CE: THE SUPPLY AND DELIVERY OF LOCAL CONTENT MESH WIRE REF. 888 AT MIDMAR

Access roads project in midmar dam (howick) in kwazulu natal province

7.

(b) Bids sealed and endorsed as above, will be deposited in the bid box at the entrance of the Department Water and

Sanitation: Construction East Office Building, Grootdraai Dam, Standerton and not later than 11:00 on the date

stipulated on the front cover of this document. And not later than 11:00 on the date stipulated on the front cover of

this document.

(c) In the case where a Bidder is only a supplier but not the actual manufacturer and will procure the products from a

manufacturer or other supplier and did not submit a letter from that manufacturer/supplier confirming supply

arrangement(s) in this regard by the closing time of the bid.

5. Signature on bids

The Bid, if by an individual, must be signed by that individual or by someone on his behalf duly authorised thereto

and proof of such authority must be produced. If the bid is by a Company it must be signed by a person duly

authorised thereto by a Resolution of a Board of Directors a copy of which Resolution, duly certified by the Chairman

of the Company is to be submitted with the bid.

If the bid is submitted by joint venture of more than one person and/or Companies and/or firms it shall be

accompanied by the following:

(a) The original or a notarially certified copy of the original document under which such joint venture was constituted

which must define precisely inter alia the conditions under which the joint venture will function, its period of duration

and the participation of the several constituent persons and/or companies and/or firms.

(b) A certificate signed by or on behalf of each participating person and/or company and/or firm authorising the person

who signed the bid to do so.

6. General conditions of contract

The General Conditions of Contract (National Treasury 2010), as attached shall be regarded as an integral part of

the contract documents.

7. Bidders to comply with documents

Where applicable, Bidders must allow in their Bids for all labour, material, machinery and everything necessary for

the execution and completion of the Contract in accordance with the bid documents. No alterations may be made

in the Invitation to Bid, Schedule of Quantities or other documents and the bid will be deemed to comply entirely

with the terms of the documents.

8. Telegraphic bids

No bid forwarded by telegram, telex, facsimile will be considered.

9. The departments right to decline any bid

The Department does not bind itself to accept the lowest or any bid.

10. Department not liable for bidder’s expenses

The Department will not be held liable for any expenses incurred in preparing and submitting bids.

11. Payments under the contract

All payments due to the Bidder in terms of the contract will be done by means of Electronic Fund Transfer. Bid price

must be firm.

Bids will be evaluated in accordance with the new Preferential Procurement Regulations, 2022, using 80/20 preference

points system as prescribed in the Preferential Procurement Policy Framework Act (PPPFA, Act . The lowest

acceptable bid in terms of value will score 80 points for price and a maximum of 20 points will be awarded for attaining the

Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution.

8.

Bid proposals will be evaluated based on the 80/20 preference points where a maximum of 80 points will be awarded in

respect of price and a maximum of 20 points will be awarded for goals.

13. Award condition: objective criteria

• In terms of section 2(1) (f) of the PPPFA, the state may award a contract to a tenderer that did not score the highest

points.

• With the above provision, a tender may be awarded to a bidder offering goods that meet the local content requirements

than the tenderer scoring the highest points.

• A letter from the local manufacturer confirming local production and content outlining types and sizes of the items to

be provided must be submitted.

• The stipulated minimum threshold percentage for local production and content of mesh wire material is 100% as

stipulated by the Department of Trade, Industry and Competition (the dtic) is applicable.

• An exemption letter from the dtic must be obtained as per the exemption process followed by the dtic for items or

materials that are imported and in cases whereby local content requirements cannot be met for various reasons (see

exemption process followed by the dtic).

The evaluation of bids will be conducted in four (4) phases as follows:

• Phase 1: Mandotory Requirements
• Phase 2: Administrative Compliance
• Phase 3: Technical Evaluation and Specification Compliance
• Phase 4: Preference Points system

Phase 1: Mandotory Requirements

Failure to complete, sign and submit the documents listed in table 1 below will render your bid non-responsive and

will be disqualified.

Failure to attend compulsory site briefing listed in table 1 below will render your bid non-responsive and will be

disqualified.

Table 1

No Criteria Yes No

1. Compulsory site briefing attendance

2. Complete, sign, submit SBD 1, SBD 3.1, SBD 4

Phase: 2 Administrative Compliance

Bidders are required to comply with the following listed below

Table 2

No Criteria Yes No

Complete, sign, and submit SBD 6.1 according to PPR 2022

1.

(failure to submit, the Bidder will forfeit the preferential points to be claimed)

2. Companies must be registered with National Treasury’s Central Supplier

Database.

3. Companies must be tax compliant with SARS (to be verified through CSD and

SARS).

4.

Companies must be actively registered with Company Intellectual Property

Commission (to be verified through CSD and CIPC).

9.

5.

An original or Certified copy of B-BBEE Status Level Verification Certificate /

Sworn affidavit must be submitted with the bidding documents.

(failure to submit, the Bidder will forfeit the preferential points to be claimed

6. The stipulated minimum threshold percentage for local production and content

for the different types of mesh wire material must be 100% as per stipulated

by the Department of Trade and Industry (DTi) is applicable.

Please inform yourself of the stipulated minimum threshold percentage of the

specific item(s) as per the specifications. Annexure C need to be complete.

7. Complete, sign and submit annexure C, D & E

8. Complete and sign LC declaration form

Phase 3:

Technical Evaluation and Specification Compliance

Compliance requirements:

• Indicate by marking the relevant column, if you mark on both columns, it will be considered as non-compliance. A

bidder who fails to comply with the specification requirements will be disqualified and not considered for further

evaluation.

Table 3

Item Qty Description (Spec/ToR) Comply Non-

no. Comply

1. 92 sheet THE SUPPLY AND DELIVERY OF MESH

WIRE REF.888 (6m x 2,4m sheet)

2. 92 sheets Transport

Note: Phase 3, Table 3 must be completed in full and section 2 (Price quotation data) must be signed.

Phase 4:

Preference Points system

The bid will be awarded in terms of Regulation 4: Preferential Procurement Regulations, 2022

pertaining to the Preferential Procurement Policy Framework Act, 2000 (Act ).

Bid proposals will be evaluated based on the 80/20 preference points where a maximum of 80 points will be

awarded in respect of price and a maximum of 20 points will be awarded for goals.

Points claimed will be according to a bidder’s specific goals claimed as indicated in Table 4 below.

Table 4: Specific goals for the tender and points allocation are indicated as per the table below:

In terms of Regulation 4(2); 5(2) of the Preferential Procurement Regulations, preference points must be

awarded for specific goals stated in the tender. For the purposes of this bid the bidder will be allocated points

based on the bidder’s goals claimed as per table 4. Bidder’s goal claimed must be supported by proof/

documentation stated as per table 4 and the special conditions of this bid where applicable:

10.

Table 4:

Number of maximum Bidder’s points claimed

points for specific goals The specific goals allocated

points in terms of this tender allocated (To be completed by

(80/20 system) Bidder)

Women Ownership 5

Disability Ownership 5

Youth Ownership 5

Location of enterprise

(local equals province) 2

KwaZulu Natal Province

B-BBEE status level

contribution from level 1

to 2 which are QSE or

Eme

Total scored points 20

Specific goals” means specific goals as contemplated in section 2(1)(d) of the PPPFA Act which may include

contracting with persons, or categories of persons, historically disadvantaged by unfair discrimination on the basis of

race, gender and disability including the implementation of programmes of the Reconstruction of Development

Programme as published in Government Gazette No. 16085 date 23 November 1994.

“Ownership” means the percentage ownership and control, exercised by individuals within an enterprise.

"Disability" means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory function,

which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered

normal for a human being.

i. A blind person (in terms of the Blind Persons Act, 1968 (Act no.);

ii. A deaf person, whose hearing is impaired to such an extent that he/she cannot use it as a primary means of

communication;

iii. A person who, as a result of permanent disability, requires a wheelchair, caliper or crutch to assist him/her to

move from one place or another;

iv. A person who requires an artificial limb; or

v. A person who suffers from a mental illness (in terms of the Mental Health Act, 1973 (Act no. ).

"Youth" means, in respect of a person younger than 35 years of age.

"Location of enterprise” Local equals province. Where a project cuts across more than one province, the bidder

may be located in any of the relevant provinces to claim and be allocated the points.

Women, disability, and youth will be measured by calculating the pro-rata percentage of ownership of the bidding

company which meets the criterion. E.g., Company A has five shareholders each of whom own 20% of the company.

Three of the five shareholders meet the criterion, i.e., they are women/disability/youth. Therefore, this bidder will

obtain 60% of the points allowable for this goal.

11.

Table 5: Documents required for verification of Bidder’s claimed points

Documents/ information listed on the below table 5 must be submitted to support and verify points claimed as per

table 4 above.

Table 5

Specific Goal Requires Proof Documents

Women Ownership Full CSD Report

Disability Ownership Full CSD Report

Youth Ownership Full CSD Report

Location of enterprise Full CSD Report

B-BBEE status level Valid B-BBEE certificate or Certify Copy in case of

contribution from level 1 to QSE/sworn affidavit

2 which are QSE or EME

Consolidated B-BBEE certificate in cases of Joint

Ventures (JV)

Full CSD Report for each bidder who formed a (JV)

Failure on the part of a bidder to submit proof of documentation required in terms of this tender to claim for specific

goals with the bid, will be interpreted to mean that preference points for specific goals are not claimed and will not

be allocated.

13. Rejection of bid

Bids not complying with the above-mentioned requirements and specifications may be regarded as incomplete and

may not be considered.

14. Results of bids

Results of non-acceptance of bids will be sent to individual unsuccessful bidders in due course.

12.

Annexure 7

Department of water and sanitation

Instructions to bidders: purchases

1. The standard bidding forms should not be retyped or redrafted.

2. Should standard bid forms not be filled in by means of mechanical devices, for example typewriters, black ink must

be used to fill in bids.

3. Bidders shall check the numbers of the pages and satisfy themselves that none are missing or duplicated. No

liability shall be accepted in regard to claims arising from the fact that pages are missing or duplicated.

4. The specifications form an integral part of the bid document and bidders shall indicate in the space provided

whether the items offered are to specification or not.

5. In respect of the paragraphs where the items offered are strictly to specification, bidders shall insert the words "as

specified".

6. In cases where the items are not to specification, the deviations from the specifications shall be indicated.

7. The bid prices shall be given in the units shown and must be firm.

8. With the exception of basic prices, where required, all prices shall be quoted in South African currency.

9. Delivery basis:

(a) Supplies which are held in stock or are in transit or on order from South African manufacturers at the date of bid,

shall be offered on a basis of delivery into consignee's store or on his site within the free delivery area of the

bidder’s centre, or carriage paid consignee's station if the goods are required elsewhere.

(b) Notwithstanding the provisions of paragraph 9(a), bid prices for supplies in respect of which

installation/erection/assembly is a requirement, shall include ALL costs on a basis of delivered on site as

specified.

10. Unless specifically provided for in the bid document, no bids transmitted by telegram, telex, facsimile, or similar

apparatus shall be considered.

11. Bids received after the closing date and time are late and will as a rule not be accepted for consideration.

12. Bids will be opened in public, that is, bidders or their representatives may be present. If requested by any bidder,

the names of bidders and if practical the total amount of each bid, will be read aloud.

13. The period for which offers are to remain valid and binding is indicated in the bid documents and is calculated from

the closing date on the understanding that offers are to remain in force and binding until the close of business on

the last day of the period calculated and if this day falls on a Saturday, Sunday or public holiday, the bid is to

remain valid and binding until the close of business on the following working day.

14. These conditions (ANNEXURE 7) form part of the bid and failure to comply therewith may invalidate a bid.

15. Bidders are requested to promote local content optimally. Bidders who use locally manufactured components,

products, equipment and systems, must complete the Departmenbt Declaration for Annexure C (Local Production

and Content)

16. After public opening of bids, information relating to the examination, clarification and evaluation of bids and

recommendations concerning awards will not be disclosed to bidders or other persons not officially concerned with

the process, until the successful bidder is notified of the award. The bid documentation of bidders is considered to

be confidential and will under no circumstances be made available to other bidders or other persons.

17. The financial standing of bidders and their ability to manufacture or to supply goods or to render a service may be

examined before their bids are considered for acceptance.

13.

18. The Department may, where a bid relates to more than one item, accept such bid in respect of any specific item or

items and also accept part of the specified quantity of any specific item or items.

19. The Department is not obliged to accept any bid. The evaluation of a bid will be done in accordance with the

Preferential Procurement Policy Framework Act, 2000 (Act no. ) and its regulations.

20. After approval of the bid, both parties must sign a written contract.

21. Failure of the successful bidder to sign the Contract Form in ink may result in the invalidation of their bid.

14.

Department of water and sanitation

Wte 1011 ce

The supply and delivery of local content mesh wire REF. 888 at midmar

Access roads project in midmar dam (howick) in kwazulu natal province

Section 2: price quaotation

Contents

1. Stipulations

15.

Stipulations

1. Service

1.1

• The supply and delivery of local content mesh wire ref.888 At midmar access

Roads project in midmar dam (howick) in kwazulu natal province

• Note: The Department reserves the right to purchase only one or more items as required

2. Site

2.1. Department of Water and Sanitation

Construction East Site

Midmar Access Roads Project in Midmar Dam near Howick Town in KZN-Province

3. Standard specifications

THE SUPPLY AND DELIVERY OF LOCAL CONTENT MESH WIRE REF.888 (6m x2,4m sheet)

3.1

• SANS 1024
• SANS 920:2011

3.2 Product type

Ref: 888) Reinforcing Mesh – 2400mm x 6000mm x 12mm

Supplied in 6m x 2.4m sheets only

3.3 Mesh size Nominal Pitch of Wires

Maim (mm) = 200

Cross (mm) = 200

3.4 Wire Sizes

Maim (mm) = 12

Cross (mm) = 12

3.5 Cross Sectional Area/m Width

16.

Maim (mm) = 566

Cross (mm) = 566

Nominal Mass/m2

8,88 kg

4. Scope of contract

The Bidder will be required to perform the following service as part of this contract:

• Supply and deliver of Wire Mesh Ref. 888 at Midmar Access Roads Project in Midmar

Dam( Howick) in KwaZulu Natal Province

• All sourcing, transportation and loading costs shall be included in the bid rates.
• Items not according to the specifications will not be accepted and paid for and the material

shall be removed and replaced by the successful supplier for his/her own account.

5. Programme of works

• It is required from the successful bidder to start with delivery at least 14 days after the official

purchase order is issued and delivery of cement will take place as and when it is required by

end-user.

6. Quantities

• The quantity required cannot be guaranteed.
• However, the estimated quantity is given in the SBD 3.1.
• Orders will be placed as and when requirements become known

7. Payment

• Payment will be made per material delivered to site.
• The Department reserves the right to check the quantities collected at any time.
• Payment will be made monthly on receipt of specified tax invoices.
• Payment will not be made for consignment unless supported by delivery notes and weight-

bridge slips duly signed by the official checking the material.

• Escalation or price increases will only be paid if escalation / price increase formulas have been

submitted by the Bidder in the bid document.

• Payment will be done within 30 days of receipt and approval of original invoice by depositing

the payment directly into the bank account of the successful bidder.

• No cash or cheque payment will be done. No upfront payment will be made.
• Payment for standing time exceeding three hours will only be made if such standing time is a

result of the action of the Department.

• Bidders shall provide in their bid for all labour, plant, material, implements and vehicles

necessary for the execution of the contract and all operating and maintenance costs in

accordance with the bid documents.

8. Delivery period

• A firm delivery period is required.
• Adherence to bid delivery period is of utmost importance.

9. Road conditions and distance

• Bidders are advised to acquaint themselves with roads, road conditions, distances, etc. on and

to the site, before bidding.

10. Bidder’s vehicles

• The Department will have the right to instruct the successful Bidder to repair or replace a vehicle

which is considered unsuitable for the transporting of the material

• Overloading of vehicles in terms of the Road Traffic Act will not be permitted.

17.

11. Costs

• Bidders shall provide in their bid for all labour, plant, material, implements and vehicles

necessary for the execution of the contract and all operating and maintenance costs in

accordance with the bid documents.

12. Delivery

Material will be delivered during the following working hours 07h00 to 15h00 from Monday to Thursday

but not on the following days or periods: as per request from the Project or Site.

(i) Fridays 14h00 to Mondays 07h00

(ii) All public holidays

(iii) The last Thursday and Friday of the month

(iv) The period between 10 December and 06 January

• The Bidder shall nominate a contract person with whom the Department will arrange and

schedule collection.

• DWS will decline products that do not comply with the specification when it is collected.
• The declined material will not be accepted by the Department and problem must be resolved

within 48 hours.

• The ownership of and risk for the product purchased will pass to the Department at the point of

collection i.e. where a signed acceptance take place.

13. Bid price and delivery periods

• All-inclusive bid prices are required, meaning VAT, delivery and any other cost mentioned in the

specification for the Bidders account must be included in the unit price.

• Firm bid prices and delivery periods must be submitted.
• Adherence to bid delivery period is of utmost importance.
• “Firm” prices are deemed to be the prices which are only subject to the following statutory change

(a)VAT,

(b)Any levy related to customs and excise (written proof must be given)

14. Safety and environmental

• Bidders are required to adhere to the Departments Safety and Environmental policies.

Therewith I,_______________________________________________(Bidder's Name) declare that I have read,

completed and understood the above specifications.

_______________________

Bidder's signature

18.

Department of water and sanitation

Wte 1011 ce

The supply and delivery of local content mesh wire REF. 888 at midmar

Access roads project in midmar dam (howick) in kwazulu natal province

Section 3: sbd 3.1 – Pricing schedule

Contents

Preamble to the sbd 3.1 – Pricing schedule

Sbd 3.1 – Pricing schedule

19.

Preamble to the sbd 3.1 – Pricing schedule

1. General

The SBD 3.1 forms part of the Contract Documents and must be read and priced in conjunction with all the other

documents which include the Conditions of Contract and all other Specifications in the bid document.

2. Quantities reflected in the pricing schedule

The quantities given in the SBD 3.1 can be subject to change. The Department reserves the right to only

purchase one product per item or one item or none of the items in the pricing schedule.

The validity of the contract will in no way be affected by differences between the quantities in the SBD 3.1 and the

quantities finally certified for payment.

3. Pricing of the schedule

The rates to be filled in the SDB 3.1 should include all costs. All rates and amounts quoted in the SBD 3.1 shall be

in Rand and shall include applicable taxes.

4. Correction of entries

Incorrect entries shall not be erased or obliterated with correction fluid, use of correction fluid will invalidate your bid,

but must be crossed out neatly. The correct figures must be entered above or adjacent to the deleted entry, and the

alteration must be initialled by the Bidder, failure to initial where the correction was done will invalidate your bid.

20.

Sbd 3.1

liability shall be accepted in regard to claims arising from the fact that pages are missing or duplicated.

• The quantity required cannot be guaranteed.
• However, the estimated quantity is given in the SBD 3.1.
• Orders will be placed as and when requirements become known

(a) The bid must be signed on the Invitation to Bid form (SBD 1) annexed hereto with all blanks in the bid and the

appendix filled in.

(b) All spaces in the bid forms and other annexures shall be completed in full.

(c) Section 3 in the bid document and the Pricing Schedule must be fully completed and priced out by the

bidder. Failure to do so will deem your bid invalid.

(d) The bid documents shall not be separated in any way nor must any pages be detached from the original

documents.

• Indicate by marking the relevant column, if you mark on both columns, it will be considered as non-compliance. A

bidder who fails to comply with the specification requirements will be disqualified and not considered for further

evaluation.

Table 3

Item Qty Description (Spec/ToR) Comply Non-

no. Comply

1. 92 sheet THE SUPPLY AND DELIVERY OF MESH

WIRE REF.888 (6m x 2,4m sheet)

2. 92 sheets Transport

Note: Phase 3, Table 3 must be completed in full and section 2 (Price quotation data) must be signed.

Phase 4:

contribution from level 1

to 2 which are QSE or

Eme

Total scored points 20

Specific goals” means specific goals as contemplated in section 2(1)(d) of the PPPFA Act which may include

contracting with persons, or categories of persons, historically disadvantaged by unfair discrimination on the basis of

race, gender and disability including the implementation of programmes of the Reconstruction of Development

Programme as published in Government Gazette No. 16085 date 23 November 1994.

“Ownership” means the percentage ownership and control, exercised by individuals within an enterprise.

"Disability" means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory function,

which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered

normal for a human being.

i. A blind person (in terms of the Blind Persons Act, 1968 (Act no.);

ii. A deaf person, whose hearing is impaired to such an extent that he/she cannot use it as a primary means of

communication;

iii. A person who, as a result of permanent disability, requires a wheelchair, caliper or crutch to assist him/her to

move from one place or another;

iv. A person who requires an artificial limb; or

v. A person who suffers from a mental illness (in terms of the Mental Health Act, 1973 (Act no. ).

"Youth" means, in respect of a person younger than 35 years of age.

"Location of enterprise” Local equals province. Where a project cuts across more than one province, the bidder

may be located in any of the relevant provinces to claim and be allocated the points.

THE SUPPLY AND DELIVERY OF LOCAL CONTENT MESH WIRE REF.888 (6m x2,4m sheet)

3.1

• SANS 1024
• SANS 920:2011

3.2 Product type

Ref: 888) Reinforcing Mesh – 2400mm x 6000mm x 12mm

Supplied in 6m x 2.4m sheets only

3.3 Mesh size Nominal Pitch of Wires

Maim (mm) = 200

Cross (mm) = 200

3.4 Wire Sizes

Maim (mm) = 12

Cross (mm) = 12

3.5 Cross Sectional Area/m Width

16.

Maim (mm) = 566

Cross (mm) = 566

Nominal Mass/m2

8,88 kg

• Bidders are required to adhere to the Departments Safety and Environmental policies.

Therewith I,_______________________________________________(Bidder's Name) declare that I have read,

completed and understood the above specifications.

_______________________

R c

Supply Wire Mesh Ref 888 ( 6m

1.

x 2,4m sheet) 92 no

(Firm Prices)

Wte 1011 ce

The supply and delivery of local content mesh wire ref.888 At midmar

Access roads project in midmar dam (howick) in kwazulu natal province

This pricing schedule must be completed in full – failure to comply will invalidate your bid

Closing time 11:00 on: (18 june 2026) bid NO. wte 1011 ce

Name of bidder: ..............................................................................................................................

Offer to be valid for 120 days from closing date of bid

Amount

Item description qty uom rate /unit

R c

Supply Wire Mesh Ref 888 ( 6m

1.

x 2,4m sheet) 92 no

R.......................... R.......................................

2. Delivery / Transportation to site 92 no

R........................... R.....................................

Sub total (VAT excl): r.................................

15% VAT: r.................................

• *Total bid price (VAT incl): r.................................

Site

• Delivery basis. Midmar Access Roads Project in Midmar

Dam/Howick in KwaZulu Natal Province

• Period required for delivery after receipt of order:

14 days after receipt of

Purchase Order on request from

end-user

• Manufacturer where material will be sourced from

• Delivery period: *FIRM / NOT FIRM

• Is the price firm? *FIRM / NOT FIRM

• Is the offer strictly to specification? *YES / NO

21.

• If not to specification, state deviation ...........................................

Note:

• All delivery costs must be included in the bid price.

• Failure to complete all the relevant information in SBD 3.1 will render your bid as non-responsive.

Any enquiries regarding bidding procedures may be directed to the –

Department Water and Sanitation

Supply Chain Management Office

Construction East,

Private bag x2023

Standerton

2430.

Administrative information:

Mrs. I.C.Msibi or Ms. N.A. Molefe / 033 239 1296/3 or : [email protected]/[email protected]

Or

For technical or site information –

Mr. B.E. Shabalala – [email protected]

Cell: 060 980 6204

22.

Invitation to bid (sbd 1)

Section 1: legalities

Section 2: price quotation data

Section 3: pricing schedule

2.

Sbd1

• Supply and deliver of Wire Mesh Ref. 888 at Midmar Access Roads Project in Midmar

Dam( Howick) in KwaZulu Natal Province

• All sourcing, transportation and loading costs shall be included in the bid rates.
• Items not according to the specifications will not be accepted and paid for and the material

shall be removed and replaced by the successful supplier for his/her own account.

Wte 1011 ce

The supply and delivery of local content mesh wire REF. 888 at midmar

Access roads project in midmar dam (howick) in kwazulu natal province

Section 3: sbd 3.1 – Pricing schedule

Preamble to the sbd 3.1 – Pricing schedule

Sbd 3.1 – Pricing schedule

19.

Preamble to the sbd 3.1 – Pricing schedule

The quantities given in the SBD 3.1 can be subject to change. The Department reserves the right to only

purchase one product per item or one item or none of the items in the pricing schedule.

The validity of the contract will in no way be affected by differences between the quantities in the SBD 3.1 and the

quantities finally certified for payment.

The rates to be filled in the SDB 3.1 should include all costs. All rates and amounts quoted in the SBD 3.1 shall be

in Rand and shall include applicable taxes.

but must be crossed out neatly. The correct figures must be entered above or adjacent to the deleted entry, and the

alteration must be initialled by the Bidder, failure to initial where the correction was done will invalidate your bid.

20.

Sbd 3.1

Pricing schedule

(Firm Prices)

Wte 1011 ce

The supply and delivery of local content mesh wire ref.888 At midmar

Access roads project in midmar dam (howick) in kwazulu natal province

This pricing schedule must be completed in full – failure to comply will invalidate your bid

Closing time 11:00 on: (18 june 2026) bid NO. wte 1011 ce

Name of bidder: ..............................................................................................................................

Offer to be valid for 120 days from closing date of bid

provisions

in the SCC shall prevail.

Table of clauses

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information; inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

to purchase supplies of a similar quality and up to the same quantity in

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

General Conditions of Contract

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

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

documents for the receipt of bids.

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

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

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

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

contract for the full and proper performance of his contractual

obligations.

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

of any thing of value to influence the action of a public official in the

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise

abroad is subsidized by its government and encouraged to market its

products internationally.

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

grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

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

contract or order.

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

actually on hand.

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

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

compliance with the conditions of the contract or order, the supplier

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

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

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

origin and which have the potential to harm the local industries in the

RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and

not involving the supplier’s fault or negligence and not foreseeable.

Such events may include, but is not restricted to, acts of the purchaser

in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

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

influence a procurement process or the execution of a contract to the

detriment of any bidder, and includes collusive practice among bidders

(prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials

that the supplier is required to supply to the purchaser under the

contract.

1.16 “Imported content” means that portion of the bidding price represented

by the cost of components, parts or materials which have been or are

still to be imported (whether by the supplier or his subcontractors) and

which costs are inclusive of the costs abroad, plus freight and other

direct importation costs such as landing costs, dock dues, import duty,

sales duty or other similar tax or duty at the South African place of

entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid will be

manufactured.

1.17 “Local content” means that portion of the bidding price which is not

included in the imported content provided that local manufacture does

take place.

1.18 “Manufacture” means the production of products in a factory using

labour, materials, components and machinery and includes other

related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods

or works or the rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of

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

such as installation, commissioning, provision of technical assistance,

training, catering, gardening, security, maintenance and other such

obligations of the supplier covered under the contract.

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

electronic or mechanical writing.

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

including bids for functional and professional services, sales, hiring,

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

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

cover specific supplies, services or works.

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

general conditions, the special conditions shall apply.

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

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

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

documents may be charged.

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

Government Tender Bulletin. The Government Tender Bulletin may be

obtained directly from the Government Printer, Private Bag X85,

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

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

bidding documents and specifications.

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

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

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

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

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

inspection.

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.

6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party

claims of infringement of patent, trademark, or industrial design rights

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

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

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the

purchaser as compensation for any loss resulting from the supplier’s

failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the

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

and shall be in one of the following forms:

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

reputable bank located in the purchaser’s country or abroad,

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

returned to the supplier not later than thirty (30) days following the

date of completion of the supplier’s performance obligations under the

contract, including any warranty obligations, unless otherwise

specified in SCC.

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

tests and

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

rendered should at any stage during production or execution or on

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

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

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

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

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

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

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

show the supplies to be in accordance with the contract requirements,

the cost of the inspections, tests and analyses shall be defrayed by the

purchaser.

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

comply with the contract requirements, irrespective of whether such

supplies or services are accepted or not, the cost in connection with

these inspections, tests or analyses shall be defrayed by the supplier.

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

which do not comply with the contract requirements may be rejected.

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

analyzed and may be rejected if found not to comply with the

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

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

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

Failing such removal the rejected supplies shall be returned at the

suppliers cost and risk. Should the supplier fail to provide the

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

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

supplier.

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

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

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

9. Packing 9.1 The supplier shall provide such packing of the goods as is required to

prevent their damage or deterioration during transit to their final

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

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

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

take into consideration, where appropriate, the remoteness of the

goods’ final destination and the absence of heavy handling facilities at

all points in transit.

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

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

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

instructions ordered by the purchaser.

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

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

services services, including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or

commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

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

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

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

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

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

maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in

the contract price for the goods, shall be agreed upon in advance by the

parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all

of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the

supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

(ii) following such termination, furnishing at no cost to the

purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are

new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless

provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or

material is required by the purchaser’s specifications) or from any act

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

supplied goods in the conditions prevailing in the country of final

destination.

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

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

to and accepted at the final destination indicated in the contract, or for

eighteen (18) months after the date of shipment from the port or place

of loading in the source country, whichever period concludes earlier,

unless specified otherwise in SCC.

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

claims arising under this warranty.

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

specified in SCC and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the purchaser.

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

within the period specified in SCC, the purchaser may proceed to take

such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

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

under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later

than thirty (30) days after submission of an invoice or claim by the

supplier.

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

17. Prices 17.1 Prices charged by the supplier for goods delivered and services

performed under the contract shall not vary from the prices quoted by

the supplier in his bid, with the exception of any price adjustments

authorized in SCC or in the purchaser’s request for bid validity

extension, as the case may be.

18. Contract 18.1 No variation in or modification of the terms of the contract shall be

amendments made except by written amendment signed by the parties concerned.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to

perform under the contract, except with the purchaser’s prior written

consent.

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

awarded under this contracts if not already specified in the bid. Such

notification, in the original bid or later, shall not relieve the supplier

from any liability or obligation under the contract.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be made by

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

performance purchaser in the contract.

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

subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly

notify the purchaser in writing of the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the

supplier’s notice, the purchaser shall evaluate the situation and may at

his discretion extend the supplier’s time for performance, with or

without the imposition of penalties, in which case the extension shall

be ratified by the parties by amendment of contract.

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

supplies or services from a national department, provincial department,

or a local authority.

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

or to have minor essential services executed if an emergency arises, the

supplier’s point of supply is not situated at or near the place where the

supplies are required, or the supplier’s services are not readily

available.

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

the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22,

unless an extension of time is agreed upon pursuant to GCC Clause

21.2 without the application of penalties.

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

contract, the purchaser shall, without canceling the contract, be entitled

to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract

and to return any goods delivered later at the supplier’s expense and

risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be

entitled to claim damages from the supplier.

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

the goods or to perform the services within the period(s) specified in

the contract, the purchaser shall, without prejudice to its other remedies

under the contract, deduct from the contract price, as a penalty, a sum

calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also

consider termination of the contract pursuant to GCC Clause 23.

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

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

terminate this contract in whole or in part:

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

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

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

the contract; or

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

engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

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

the purchaser may procure, upon such terms and in such manner as it

deems appropriate, goods, works or services similar to those undelivered,

and the supplier shall be liable to the purchaser for any excess costs for

such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

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

purchaser may decide to impose a restriction penalty on the supplier by

prohibiting such supplier from doing business with the public sector for a

period not exceeding 10 years.

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

person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the

envisaged restriction should not be imposed. Should the supplier fail to

respond within the stipulated fourteen (14) days the purchaser may regard

the intended penalty as not objected against and may impose it on the

supplier.

23.5 Any restriction imposed on any person by the Accounting Officer /

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

also be applicable to any other enterprise or any partner, manager,

director or other person who wholly or partly exercises or exercised or

may exercise control over the enterprise of the first-mentioned person,

and with which enterprise or person the first-mentioned person, is or was

in the opinion of the Accounting Officer / Authority actively associated.

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

days of such imposition, furnish the National Treasury, with the

following information:

(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 24.1 When, after the date of bid, provisional payments are required, or antiand countervailing dumping or countervailing duties are imposed, or the amount of a

duties and rights provisional payment or anti-dumping or countervailing right is

increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of

any such increase. When, after the said date, such a provisional

payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable

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

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

which may otherwise be due to the contractor in regard to supplies or

services which he delivered or rendered, or is to deliver or render in

terms of the contract or any other contract or any other amount which

may be due to him

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

Majeure supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

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

the purchaser in writing of such condition and the cause thereof.

Unless otherwise directed by the purchaser in writing, the supplier

shall continue to perform its obligations under the contract as far as is

reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

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

for insolvency notice to the supplier if the supplier becomes bankrupt or otherwise

insolvent. In this event, termination will be without compensation to

the supplier, provided that such termination will not prejudice or affect

any right of action or remedy which has accrued or will accrue

thereafter to the purchaser.

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

Disputes purchaser and the supplier in connection with or arising out of the

contract, the parties shall make every effort to resolve amicably such

dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute

or difference by such mutual consultation, then either the purchaser or

the supplier may give notice to the other party of his intention to

commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

(a) the parties shall continue to perform their respective obligations

under the contract unless they otherwise agree; and

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

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

liability

the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential loss

or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any

obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the total

contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

29. Governing 29.1 The contract shall be written in English. All correspondence and other

language documents pertaining to the contract that is exchanged by the parties

shall also be written in English.

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

law laws, unless otherwise specified in SCC.

31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

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

duties duties, license fees, and other such levies imposed outside the

purchaser’s country.

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

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

the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are

not in order. Prior to the award of a bid the Department must be in

possession of a tax clearance certificate, submitted by the bidder.

This certificate must be an original issued by the South African

Revenue Services.

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

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

Participation (NIP) NIP obligation.

Programme

34 Prohibition of

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 ofRestrictive practices

1998, as amended, an agreement between, or concerted practice by,

firms, or a decision by an association of firms, is prohibited if it is

between parties in a horizontal relationship and if a bidder (s) is / are

or a contractor(s) was / were involved in collusive bidding (or bid

rigging).

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

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

restrictive practice referred to above, the purchaser may refer the

matter to the Competition Commission for investigation and possible

imposition of administrative penalties as contemplated in the

Competition Act No. .

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

Competition Commission of the restrictive practice referred to

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

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

offered, and / or terminate the contract in whole or part, and / or

restrict the bidder(s) or contractor(s) from conducting business with

the public sector for a period not exceeding ten (10) years and / or

claim damages from the bidder(s) or contractor(s) concerned.

Js General Conditions of Contract (revised July 2010)

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.

obtained directly from the Government Printer, Private Bag X85,

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

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

bidding documents and specifications.

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

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

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

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

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

inspection.

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.

6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party

claims of infringement of patent, trademark, or industrial design rights

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

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

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the

purchaser as compensation for any loss resulting from the supplier’s

failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the

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

and shall be in one of the following forms:

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

reputable bank located in the purchaser’s country or abroad,

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

returned to the supplier not later than thirty (30) days following the

date of completion of the supplier’s performance obligations under the

contract, including any warranty obligations, unless otherwise

specified in SCC.

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

tests and

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

rendered should at any stage during production or execution or on

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

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

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

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

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

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

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

show the supplies to be in accordance with the contract requirements,

the cost of the inspections, tests and analyses shall be defrayed by the

purchaser.

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

comply with the contract requirements, irrespective of whether such

supplies or services are accepted or not, the cost in connection with

these inspections, tests or analyses shall be defrayed by the supplier.

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

which do not comply with the contract requirements may be rejected.

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

analyzed and may be rejected if found not to comply with the

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

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

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

suppliers cost and risk. Should the supplier fail to provide the

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

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

supplier.

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

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

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

9. Packing 9.1 The supplier shall provide such packing of the goods as is required to

prevent their damage or deterioration during transit to their final

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

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

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

take into consideration, where appropriate, the remoteness of the

goods’ final destination and the absence of heavy handling facilities at

all points in transit.

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

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

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

instructions ordered by the purchaser.

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

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

services services, including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or

commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

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

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

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

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

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

maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in

the contract price for the goods, shall be agreed upon in advance by the

parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all

of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the

supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

(ii) following such termination, furnishing at no cost to the

purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are

new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless

provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or

material is required by the purchaser’s specifications) or from any act

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

supplied goods in the conditions prevailing in the country of final

destination.

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

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

to and accepted at the final destination indicated in the contract, or for

eighteen (18) months after the date of shipment from the port or place

of loading in the source country, whichever period concludes earlier,

unless specified otherwise in SCC.

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

claims arising under this warranty.

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

specified in SCC and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the purchaser.

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

within the period specified in SCC, the purchaser may proceed to take

such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

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

under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later

than thirty (30) days after submission of an invoice or claim by the

supplier.

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

17. Prices 17.1 Prices charged by the supplier for goods delivered and services

performed under the contract shall not vary from the prices quoted by

the supplier in his bid, with the exception of any price adjustments

authorized in SCC or in the purchaser’s request for bid validity

extension, as the case may be.

18. Contract 18.1 No variation in or modification of the terms of the contract shall be

amendments made except by written amendment signed by the parties concerned.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to

perform under the contract, except with the purchaser’s prior written

consent.

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

awarded under this contracts if not already specified in the bid. Such

notification, in the original bid or later, shall not relieve the supplier

from any liability or obligation under the contract.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be made by

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

performance purchaser in the contract.

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

subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly

notify the purchaser in writing of the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the

supplier’s notice, the purchaser shall evaluate the situation and may at

his discretion extend the supplier’s time for performance, with or

without the imposition of penalties, in which case the extension shall

be ratified by the parties by amendment of contract.

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

supplies or services from a national department, provincial department,

or a local authority.

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

or to have minor essential services executed if an emergency arises, the

supplier’s point of supply is not situated at or near the place where the

supplies are required, or the supplier’s services are not readily

available.

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

the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22,

unless an extension of time is agreed upon pursuant to GCC Clause

21.2 without the application of penalties.

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

contract, the purchaser shall, without canceling the contract, be entitled

to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract

and to return any goods delivered later at the supplier’s expense and

risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be

entitled to claim damages from the supplier.

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

the goods or to perform the services within the period(s) specified in

the contract, the purchaser shall, without prejudice to its other remedies

under the contract, deduct from the contract price, as a penalty, a sum

calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also

consider termination of the contract pursuant to GCC Clause 23.

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

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

terminate this contract in whole or in part:

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

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

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

the contract; or

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

engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

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

the purchaser may procure, upon such terms and in such manner as it

deems appropriate, goods, works or services similar to those undelivered,

and the supplier shall be liable to the purchaser for any excess costs for

such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

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

purchaser may decide to impose a restriction penalty on the supplier by

prohibiting such supplier from doing business with the public sector for a

period not exceeding 10 years.

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

person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the

envisaged restriction should not be imposed. Should the supplier fail to

respond within the stipulated fourteen (14) days the purchaser may regard

the intended penalty as not objected against and may impose it on the

supplier.

23.5 Any restriction imposed on any person by the Accounting Officer /

damages, or termination for default if and to the extent that his delay in

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

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

the purchaser in writing of such condition and the cause thereof.

shall continue to perform its obligations under the contract as far as is

reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

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

for insolvency notice to the supplier if the supplier becomes bankrupt or otherwise

insolvent. In this event, termination will be without compensation to

the supplier, provided that such termination will not prejudice or affect

any right of action or remedy which has accrued or will accrue

thereafter to the purchaser.

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

contract, the parties shall make every effort to resolve amicably such

dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute

or difference by such mutual consultation, then either the purchaser or

the supplier may give notice to the other party of his intention to

commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

(a) the parties shall continue to perform their respective obligations

under the contract unless they otherwise agree; and

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

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

liability

the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential loss

or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any

obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the total

contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

29. Governing 29.1 The contract shall be written in English. All correspondence and other

language documents pertaining to the contract that is exchanged by the parties

shall also be written in English.

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

law laws, unless otherwise specified in SCC.

31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

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

duties duties, license fees, and other such levies imposed outside the

purchaser’s country.

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

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

the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are

not in order. Prior to the award of a bid the Department must be in

possession of a tax clearance certificate, submitted by the bidder.

5. Use of contract documents and information; inspection

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

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

documents for the receipt of bids.

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

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

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

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

contract for the full and proper performance of his contractual

obligations.

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

of any thing of value to influence the action of a public official in the

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise

abroad is subsidized by its government and encouraged to market its

products internationally.

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

grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

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

contract or order.

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

actually on hand.

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

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

compliance with the conditions of the contract or order, the supplier

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

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

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

origin and which have the potential to harm the local industries in the

in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

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

influence a procurement process or the execution of a contract to the

detriment of any bidder, and includes collusive practice among bidders

(prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials

that the supplier is required to supply to the purchaser under the

contract.

1.16 “Imported content” means that portion of the bidding price represented

by the cost of components, parts or materials which have been or are

still to be imported (whether by the supplier or his subcontractors) and

which costs are inclusive of the costs abroad, plus freight and other

direct importation costs such as landing costs, dock dues, import duty,

sales duty or other similar tax or duty at the South African place of

entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid will be

manufactured.

1.17 “Local content” means that portion of the bidding price which is not

included in the imported content provided that local manufacture does

take place.

1.18 “Manufacture” means the production of products in a factory using

labour, materials, components and machinery and includes other

related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods

or works or the rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of

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

such as installation, commissioning, provision of technical assistance,

training, catering, gardening, security, maintenance and other such

obligations of the supplier covered under the contract.

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

electronic or mechanical writing.

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

including bids for functional and professional services, sales, hiring,

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

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

cover specific supplies, services or works.

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

general conditions, the special conditions shall apply.

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

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

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

documents may be charged.

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

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 24.1 When, after the date of bid, provisional payments are required, or antiand countervailing dumping or countervailing duties are imposed, or the amount of a

duties and rights provisional payment or anti-dumping or countervailing right is

increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of

any such increase. When, after the said date, such a provisional

payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable

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

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

which may otherwise be due to the contractor in regard to supplies or

services which he delivered or rendered, or is to deliver or render in

terms of the contract or any other contract or any other amount which

may be due to him

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

Of goods

/Service

Name of supplier

Qoutation / bid amount

BBBEE level

Company’s composition of existance

% Ownership total number of:

Owners/sharehoder/directors

% of Black ownership

% of Black People who are youth

% of Black People who are black

women

% of Black People with Disability

% of Black People living in rural

underdeveloped areas or

township

% Cooperative owned by black

people

% of Black people who are

military veterans

SMME STATUS (eg. EME, QSE

or LARGE/GENERIC)

Name:.................................................................................................................

Position:..............................................................................................................

Signature:......................................................Date:.............................................

considered as an evaluation tool.

Supply chain management system should

This declaration prove to be false.

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

Signature Date

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

Position Name of bidder

agreements or arrangements with any competitor regarding the quality,

income-generating contracts) shall be

Nce points claim form in terms of the preferential procurement

This preference form must form part of all tenders invited. It contains general information and serves

as a claim form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

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

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

a) The applicable preference point system for this tender is the 80/20 preference point system.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

to claim points for specific goals with the tender, will be interpreted to mean that preference

points for specific goals are not claimed.

or at any time subsequently, to substantiate any claim in regard to preferences, in any manner

Preference points claim form in terms of the preferential procurement

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

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4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that

the points claimed, based on the specific goals as advised in the tender, qualifies the company/

firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

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

in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to

the satisfaction of the organ of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the

conditions of contract have not been fulfilled, the organ of state may, in addition to any

other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of

that person’s conduct;

(c) 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;

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

or only the shareholders and directors who acted on a fraudulent basis, 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; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer(s)

Surname and name: ................................................................

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

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

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

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

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

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