Catering and décor services for 4ir building launch event at south cape tvet college

the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall

include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,

abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business as the

bidder

Sbd 9

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

8.2 If it is a bid condition that goods to be produced or services to be rendered should at any stage be subject to inspections, tests and

analyses, the bidder or contractor’s premises shall be open, at all reasonable hours, for inspection by a representative of the purchaser or

organization acting on behalf of the purchaser.

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 goods 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 goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether

such goods or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the

supplier.

8.6 Goods 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 goods may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the

requirements of the contract. Such rejected goods 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 goods, which do comply with the requirements of the contract.

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 Invitations to bid are usually published in locally distributed news media and on the Government Gazette.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any specification,

plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other

than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for purposes of such performance.

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

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be

returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them

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

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

provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not

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

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

payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to the purchaser

or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to goods or

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

which may be due to him.

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall

be deemed to be proper service of such notice.

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.

▪ Original, detailed, correct and complete tax invoices, monthly statements (where applicable), VAT registration

numbers (where applicable), verification of bank details (in the format required) and any other relevant

supporting documents must be submitted to SCC after it has acknowledged receipt in writing of the services

procured or goods received, to its satisfaction.

▪ Tax invoices and all necessary supporting documents contemplated in (i) above must be submitted to SCC by

the 1st (first) business day of a calendar month in order for payment to be effected by the end of the same

calendar month. Otherwise payment shall be effected by the end of the following calendar month. Payments

shall furthermore only be made on condition that the required documentation submitted are the originals,

correct and complete.

▪ No penalty interest shall be permitted to be charged in the event of the requirements referred to in (i) and (ii)

above not being complied with.

▪ Payment shall be effected by electronic bank transfer or any other method of payment decided to be used by

SCC from time to time and at the Fund’s sole discretion.

▪ Payment shall furthermore be subject to SCC standard Special Terms and Conditions of Contract, which if

applicable shall prevail over this clause in all instances; and a copy whereof shall be furnished upon request.

Section 5: price declaration form

I, the undersigned (name).................................................................................

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.

I accept that the state may reject the bid or act against me in terms of paragraph 23 of the general

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.

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 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, 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.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other

obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by

the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

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 or in the purchaser’s request for bid validity extension, as the

case may be.

18. Variation orders

18.1 In cases where the estimated value of the envisaged changes in purchase does not vary more than 15% of the total value of the original

contract, the contractor may be instructed to deliver the goods or render the services as such. In cases of measurable quantities, the

contractor may be approached to reduce the unit price, and such offers may be accepted provided that there is no escalation in price.

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 supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the

purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely

delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its

likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and

may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension

shall be ratified by the parties by amendment of contract.

21.3 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 goods are required, or the supplier’s services are not

readily available.

21.4 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 22.2

without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be

entitled to purchase goods 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 for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof

granted by the purchaser pursuant to GCC Clause 21.2; (b) if the supplier fails to perform any other obligation(s) under the contract; or (c)

if the supplier, in the judgement 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 supplier as having no objection and proceed with

the restriction?

23.5 Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, 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 purchaser

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. Antidumping and countervailing duties and rights

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

provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not

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

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

payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to the purchaser

or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to goods or

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

which may be due to him.

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under

the contract is the result of an event of force majeure. 25.2 If a force majeure situation arises, the supplier shall promptly notify the

purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall

continue to 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 for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or

otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the

contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the

purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this

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

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4 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 for goods delivered and / or services rendered according to the

prescripts of the contract.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the supplier

shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use,

loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay

penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser, whether under the contract,

in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or

replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the

parties shall also be written in English.

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified.

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 duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the

purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the

purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have certified

that the tax matters of the preferred bidder are in order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears.

33. Transfer of contracts

33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof without the written permission of the

purchaser

34. Amendment of contracts

34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force

unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement

that the agreement to amend or vary shall be in writing, shall also be in writing.

35. Prohibition of restrictive practices

35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , 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.

35.2 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 section 59 of the Competition Act No 89 0f 1998. 35.3 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.

Section 2. Checklist of documents to be submitted:

Please tick in the relevant block below

Yes NO

Copy of valid Tax pin certificate.

Latest Municipal Account or Valid Lease agreement

Copy of your CIPRO company registration documents listing all members with percentages, in case

of a CC.

Copies of all share certificates (i.e. copy with original stamp), in case of a company.

Shareholding breakdown per race, gender and percentage shareholding with shareholders of the

bidding company who are not individuals.

Declaration of interest

BEE rating certificate issued by a SANAS Accredited BEE verification agency

Colour photographs of the proposed table setup, ensure that the décor is aligned with the college’s

branding.

Please ensure that the following documents are completed:

Yes NO

Completed Bid Conditions

Completed Due Diligence (SBD forms)

Completed Price Schedule with detailed breakdown

Kindly take note that:

1. Should all of these documents not be included, the bidder may be disqualified on the basis of non-

compliance.

2. The same documents must be submitted for all other companies that are involved in bid in case of a

consortium.

---

Signed Name in Print

---

Capacity Date

Sbd 1

Section 3. Invitation to bid:

Bid number: RFQ bb 43/2026 closing date: friday, 10 july 2026 closing time: 11:00

The appointment of a service provider for the provision of catering and decor services

Description at the 4ir building, mossel bay campus, south cape tvet college.

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)/EMAIL: [email protected]

South cape tvet college central office building

Ground floor

125 mitchell street

George

Bidding procedure enquiries may be directed to

Contact person barryline botha contact person sandisiwe madabane

Telephone

Number 044 884 0359 telephone number 044 884 0359

Facsimile number n/a facsimile number n/a

Sandisiwe.Madabane@scco

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS llege.co.za

Supplier information

Name of bidder

Postal address

Street address

Telephone

Number code number

Cellphone

Number

Facsimile number code number

E-mail address

VAT reg. Number

Supplier tax

Compliance complian

Status ce or central

System supplier

PIN: DATABASE No: MAAA

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

LEVEL Yes No AFFIDAVIT Yes No

Verification

8. Sbd 8: declaration of bidder’s past supply chain management practices 26

9. Sbd 9: certificate of independent bid determination 28

10. Declaration & commisioner of oaths 31

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

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed

by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

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

obligations.

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

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its

products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

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

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

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

compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the goods 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

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 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to

the State.

1.26 “Tort” means in breach of contract.

1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and

delivers the full end product / service required by the contract.

1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing.

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.

6.2 When a supplier developed documentation / projects for the college, the intellectual, copy and patent rights or ownership of such

documents or projects will vest in the college.

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

performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s

failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the

purchaser and shall be in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank

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

form acceptable to the purchaser; or (b) a cashier’s or certified cheque.

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the

date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise

specified.

goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such

goods 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 22 of GCC.

13.1 The supplier may be required to provide any or all of the following services, including additional services, if any:

(a) Performance or supervision of on-site assembly and/or commissioning of the supplied goods;

(b) Furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided

that this service shall not relieve the supplier of any warranty obligations under this contract; and

(e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or

repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance

by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.

14.1 As specified, 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.

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 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, the purchaser may proceed to take such

remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the bid. Such

notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the

purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely

delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, 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 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 goods are required, or the supplier’s services are not

readily available.

21.4 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 22.2

without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be

entitled to purchase goods 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.

22.1 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.

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof

granted by the purchaser pursuant to GCC Clause 21.2; (b) if the supplier fails to perform any other obligation(s) under the contract; or (c)

if the supplier, in the judgement 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 supplier as having no objection and proceed with

the restriction?

23.5 Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, 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 purchaser

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

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under

the contract is the result of an event of force majeure. 25.2 If a force majeure situation arises, the supplier shall promptly notify the

purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall

continue to 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.

26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or

otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser.

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the

contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the

purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this

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

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4 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 for goods delivered and / or services rendered according to the

prescripts of the contract.

28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the supplier

shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use,

loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay

penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser, whether under the contract,

in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or

replacing defective equipment.

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]

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: ...............................................................

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

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

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

Sbd 8

Section 8:

Declaration of bidder’s past supply chain management practices

considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed and

submitted with the bid:

• Company registration form / Corporate document (CIPCO);
• BBBEE certification
• Latest municipal account/Valid Lease Agreement
• Copy of valid Tax pin certificate
• CSD registration number

8. Remuneration

▪ Original, detailed, correct and complete tax invoices, monthly statements (where applicable), VAT registration

numbers (where applicable), verification of bank details (in the format required) and any other relevant

supporting documents must be submitted to SCC after it has acknowledged receipt in writing of the services

procured or goods received, to its satisfaction.

▪ Tax invoices and all necessary supporting documents contemplated in (i) above must be submitted to SCC by

the 1st (first) business day of a calendar month in order for payment to be effected by the end of the same

calendar month. Otherwise payment shall be effected by the end of the following calendar month. Payments

shall furthermore only be made on condition that the required documentation submitted are the originals,

correct and complete.

▪ No penalty interest shall be permitted to be charged in the event of the requirements referred to in (i) and (ii)

above not being complied with.

▪ Payment shall be effected by electronic bank transfer or any other method of payment decided to be used by

SCC from time to time and at the Fund’s sole discretion.

▪ Payment shall furthermore be subject to SCC standard Special Terms and Conditions of Contract, which if

applicable shall prevail over this clause in all instances; and a copy whereof shall be furnished upon request.

Section 5: price declaration form

Dear Sir/Madam,

Having read through and examined the bid document, bid no. RFQ BB 43/2026, the General Conditions, the

requirements, and all other Annexes to the bid document, we shall provide: Catering and Decor Services at 4IR

Building, Mossel bay Campus, South Cape TVET College for the total sum of:

R ________________________________________________________ (including VAT and delivery costs)

In Words: R ______________________________________________________________(incl VAT and delivery costs)

We confirm that this price covers all services as per the specifications in the RFQ document. We confirm that SCC will

incur no additional costs whatsoever over and above this amount in connection with the services related to the abovementioned services.

We undertake to hold this offer open for acceptance for a period of 60 days from the date of submission of offers.

We further undertake that upon final acceptance of our offer, we will commence delivery when required to do so by the

Client.

We understand that you are not bound to accept the lowest or any offer and that we must bear all costs which we have

incurred in connection with preparing and submitting this bid.

We hereby undertake for the period during which this bid remains open for acceptance not to divulge to any persons,

other than the persons to which the bid is submitted, any information relating to the submission of this bid or the details

therein except where such is necessary for the submission of this bid.

Signed date

(Print name of signatory)

Designation

For and on behalf of: company name

Tel No

Fax No

Cell No

Sbd 4

Section 6. Declaration of interest:

1. Any legal person, including persons employed by the state1, or persons having a kinship with persons

employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to

bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible

allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the

state, or to persons connected with or related to them, it is required that the bidder or his/her authorised

representative declare his/her position in relation to the evaluating/adjudicating authority where-

• the bidder is employed by the state; and/or
• the legal person on whose behalf the bidding document is signed, has a relationship with persons/a

person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that

such a relationship exists between the person or persons for or on whose behalf the declarant acts and

persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and submitted with the

bid.

2.1 Full Name of bidder or his or her representative: ................................................................

2.2 Identity Number: .........................................................................................................

2.3 Position occupied in the Company (director, trustee, shareholder2): ......................................

2.4 Company Registration Number: ....................................................................................

2.5 Tax Reference Number: ..............................................................................................

2.6 VAT Registration Number: ...........................................................................................

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference

numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

1“State” means –

(a) any national or provincial department, national or provincial public entity or constitutional institution within the

meaning of the Public Finance Management Act, 1999 (Act No. );

(b) any municipality or municipal entity;

(c) Provincial legislature;

(d) National Assembly or the national Council of provinces; or

(e) Parliament.

2”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or

business and exercises control over the enterprise.

2.7 Are you or any person connected with the bidder YES / NO

presently employed by the state?

2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ..............................................

Name of state institution at which you or the person

connected to the bidder is employed : .............................................

Position occupied in the state institution: .............................................

Any other particulars:

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

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

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

2.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative

work outside employment in the public sector?

2.7.2.1 If yes, did you attached proof of such authority to the bid YES / NO

document?

(Note: Failure to submit proof of such authority, where

applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

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

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

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

2.8 Did you or your spouse, or any of the company’s directors / YES / NO

trustees / shareholders / members or their spouses conduct

business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

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

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

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

2.9 Do you, or any person connected with the bidder, have YES / NO

any relationship (family, friend, other) with a person

employed by the state and who may be involved with

the evaluation and or adjudication of this bid?

2.9.1If so, furnish particulars.

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

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

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

2.10 Are you, or any person connected with the bidder, YES/NO

aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state

who may be involved with the evaluation and or adjudication

of this bid?

2.10.1 If so, furnish particulars.

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

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

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

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies

whether or not they are bidding for this contract?

2.11.1 If so, furnish particulars:

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

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

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

3 Full details of directors / trustees / members / shareholders.

Full Name Identity Number Personal Tax Reference State Employee Number /

Number Persal Number

person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that

persons who are involved with the evaluation and or adjudication of the bid.

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 taxes

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

a) The applicable preference point system for this tender is the 90/10 preference point system.

b) The applicable preference point system for this tender is the 80/20 preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/ highest

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 10

Total points for Price and SPECIFIC GOALS 100

points for specific goals with the tender, will be interpreted to mean that preference points for specific

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

entitled to purchase goods of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with

Preference points claim form in terms of the preferential procurement