Provision of catering services at thohoyandou child and youth care centre – 36-Month tender in limpopo

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Bidders must be tax compliant with a valid TCS PIN or CSD number. Persons in the service of the state, or companies with directors who are state employees, are not eligible. Bidders listed on the Register for Tender Defaulters or List of Restricted Suppliers are automatically disqualified. Foreign suppliers must complete a residency questionnaire and may not need a TCS PIN if they have no tax liability in South Africa.

A period of 36 months

Signature of bidder: ................................................

Capacity under which this bid is signed: ................................................

(Proof of authority must be submitted e.g. company resolution)

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

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Sbd 3.1

Pricing schedule – firm prices

(Purchases)

Note: only firm prices will be accepted. Non-firm prices

(Including prices subject to rates of exchange

Variations) will not be considered

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the

Tcs pin is available but the bidder is registered on the central supplier

Csd number

Csd number must be provided

Central supplier database (csd), a csd number must be provided

2. Tax compliance requirements

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the

Must submit a separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier

Database (csd), a csd number must be provided.

Pricing schedule – firm prices

S not a requirement to register for a tax compliance status

Points Allocation: 3 points

B-BBEE Details: ACCEPT THAT THE PROCURING INSTITUTION MAY REJECT THE BID OR

Take appropriate action against me if this declaration is

False.

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

Signature Date

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

Designation Name of bidder

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Sbd 6.1

Preference points claim form in terms of the preferential

Procurement regulations 2022

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.

Nb: before completing this form, tenderers must study the

General conditions, definitions and directives applicable

In respect of the tender and preferential procurement

Regulations, 2022

1. General conditions

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 included); and

• the 90/10 system for requirements with a Rand value above R50 000

000 (all applicable taxes included).

1.2 To be completed by the organ of state

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

preference point system.

1.3 Points for this tender (even in the case of a tender for income-generating

contracts) shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC 100

Goals

1.5 Failure on the part of a tenderer to submit proof or documentation required in

terms of this tender to claim points for specific goals with the tender, will be

int

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 practice

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General Conditions of Contract

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

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

bidding documents for the receipt of bids.

1.2. “Contract” means the written agreement entered into

between the purchaser and the supplier, as recorded in the

contract form signed by the parties, including all attachments

and appendices thereto and all documents incorporated by

reference therein.

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

under the contract for the full and proper performance of his

contractual obligations.

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

soliciting of 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.

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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

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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.

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2.2. Where applicable, special conditions of contract are also

laid down to cover specific supplies, services or works.

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

these general conditions, the special conditions shall apply.

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

purchaser shall not be liable for any expense incurred in the

preparation and submission of a bid. Where applicable a non-

refundable fee for documents may be charged.

3.2. With certain exceptions, invitations to bid are only published

in the Government Tender Bulletin. The Government Tender

Bulletin may be obtained directly from the Government Printer,

Private Bag X85, Pretoria 0001, or accessed electronically from

www.treasury.gov.za

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

mentioned in the bidding documents and specifications.

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

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

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

inspection. 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.

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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

security 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 in SCC.

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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 suppliers cost and risk. Should the supplier fail to

provide the substitute supplies forthwith, the purchaser may,

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

documents accordance with the terms specified in the contract. The

details of shipping and/or other documents to be furnished by

the supplier are specified in SCC.

10.2. Documents to be submitted by the supplier are specified in

Scc.

11. Insurance 11.1. The goods supplied under the contract shall be fully insured

in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation,

storage and delivery in the manner specified in the SCC.

12. Transportation 12.1. Should a price other than an all-inclusive delivered price be

required, this shall be specified in the SCC.

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

services following services, including additional services, if any,

specified in SCC:

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

commissioning of the supplied goods;

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

maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

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

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

parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

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

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

maintenance, and/or repair of the supplied goods.

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

included in the contract price for the goods, shall be agreed

upon in advance by the parties and shall not exceed the

prevailing rates charged to other parties by the supplier for

similar services.

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

any or all of the following materials, notifications, and

information pertaining to spare parts manufactured or

distributed by the supplier:

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

from the supplier, provided that this election shall not relieve

the supplier of any warranty obligations under the contract;

and

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

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the

purchaser to procure needed requirements; and

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

the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.

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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.

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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

amendments shall be made except by written amendment signed by the

parties concerned.

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

obligations to perform under the 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 contract if not already

specified in the bid. Such notification, in the original bid or later,

shall not relieve the supplier from any liability or obligation

under the contract.

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

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

performance prescribed by the purchaser in the contract.

21.2. If at any time during performance of the contract, the

supplier or its subcontractor(s) should encounter conditions

impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify the purchaser in

writing of the fact of the delay, its likely duration and its

cause(s). As soon as practicable after receipt of the supplier’s

notice, the purchaser shall evaluate the situation and may at

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

or without the imposition of penalties, in which case the

extension shall be ratified by the parties by amendment of

contract.

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

obtaining of supplies or services from a national department,

provincial department, or a local authority.

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

quantities or to have minor essential services executed if an

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

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

supplier’s services are not readily available.

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

supplier in the performance of its delivery obligations shall

render the supplier liable to the imposition of penalties,

pursuant to GCC Clause 22, unless an extension of time is

agreed upon pursuant to GCC Clause 21.2 without the

application of penalties.

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

supplies contract, the purchaser shall, without cancelling the

contract, be entitled to purchase supplies of a similar quality

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

supplied in conformity with the contract and to return any

goods delivered later at the supplier’s expense and risk, or to

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

complete the contract and without prejudice to his other rights,

be entitled to claim damages from the supplier.

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

or all of the goods or to perform the services within the

period(s) specified in the contract, the purchaser shall, without

prejudice to its other remedies under the contract, deduct from

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

delivered price of the delayed goods or unperformed services

using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser

may also consider termination of the contract pursuant to GCC

Clause 23.

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

for default 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 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

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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 shall, 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 shall 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

and required, or antidumping or countervailing duties are imposed,

countervailing or the amount of a provisional payment or anti-dumping or

duties and countervailing right is increased in respect of any dumped or

rights 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

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

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

Disputes between the purchaser and the supplier in connection with or

arising out of the contract, the parties shall make every effort

to resolve amicably such dispute or difference by mutual

consultation.

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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,

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

language and other documents pertaining to the contract that is

exchanged by the parties shall also be written in English.

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

African laws, unless otherwise specified in SCC.

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

supplier concerned by registered or certified mail and any

other notice to him shall be posted by ordinary mail to the

address furnished in his bid or to the address notified later by

him in writing and such posting shall be deemed to be proper

service of such notice.

31.2. The time mentioned in the contract documents for

performing any act after such aforesaid notice has been given,

shall be reckoned from the date of posting of such notice.

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

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

outside the purchaser’s country.

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

duties, license fees, etc., incurred until delivery of the

contracted goods to the purchaser.

32.3. No contract shall be concluded with any bidder whose tax

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

Department shall be in possession of a tax clearance

certificate, submitted by the bidder. This certificate shall be an

original issued by the South African Revenue Services.

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

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

Participation subject to the NIP obligation.

(Nip)

Programme

34. Prohibition of 34.1. In terms of section 4 (1) (b) (iii) of the Competition Act No.

Restrictive , as amended, an agreement between, or concerted

practices 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).

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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.

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Centre for a period of 36 months.

• Required by: ........................................

• At: ........................................

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

• Brand and model ................................................

• Country of origin ................................................

• Does the offer comply with the specification(s)? *YES/NO

• If not to specification, indicate deviation(s) ...............................................

• Period required for delivery ...............................................

*Delivery: Firm/not firm

• Delivery basis ................................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

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

insurance fund contributions and skills development levies.

*Delete if not applicable

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Sbd4

Bidder’s disclosure

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

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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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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 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.

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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

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well as transportation and handling charges to the factory in the

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

inspection. 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.

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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

security contract award, the successful bidder shall furnish to the

purchaser the performance security of the amount specified in

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.

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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 suppliers cost and risk. Should the supplier fail to

provide the substitute supplies forthwith, the purchaser may,

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

documents accordance with the terms specified in the contract. The

details of shipping and/or other documents to be furnished by

the supplier are specified in SCC.

10.2. Documents to be submitted by the supplier are specified in

11. Insurance 11.1. The goods supplied under the contract shall be fully insured

in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation,

storage and delivery in the manner specified in the SCC.

12. Transportation 12.1. Should a price other than an all-inclusive delivered price be

required, this shall be specified in the SCC.

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

services following services, including additional services, if any,

specified in SCC:

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

commissioning of the supplied goods;

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

maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

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

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

parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

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

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

maintenance, and/or repair of the supplied goods.

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

included in the contract price for the goods, shall be agreed

upon in advance by the parties and shall not exceed the

prevailing rates charged to other parties by the supplier for

similar services.

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

any or all of the following materials, notifications, and

information pertaining to spare parts manufactured or

distributed by the supplier:

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

from the supplier, provided that this election shall not relieve

the supplier of any warranty obligations under the contract;

and

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

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the

purchaser to procure needed requirements; and

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

the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.

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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.

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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

amendments shall be made except by written amendment signed by the

parties concerned.

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

obligations to perform under the 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 contract if not already

specified in the bid. Such notification, in the original bid or later,

shall not relieve the supplier from any liability or obligation

under the contract.

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

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

performance prescribed by the purchaser in the contract.

21.2. If at any time during performance of the contract, the

supplier or its subcontractor(s) should encounter conditions

impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify the purchaser in

writing of the fact of the delay, its likely duration and its

cause(s). As soon as practicable after receipt of the supplier’s

notice, the purchaser shall evaluate the situation and may at

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

or without the imposition of penalties, in which case the

extension shall be ratified by the parties by amendment of

contract.

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

obtaining of supplies or services from a national department,

provincial department, or a local authority.

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

quantities or to have minor essential services executed if an

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

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

supplier’s services are not readily available.

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

supplier in the performance of its delivery obligations shall

render the supplier liable to the imposition of penalties,

pursuant to GCC Clause 22, unless an extension of time is

agreed upon pursuant to GCC Clause 21.2 without the

application of penalties.

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

supplies contract, the purchaser shall, without cancelling the

contract, be entitled to purchase supplies of a similar quality

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

supplied in conformity with the contract and to return any

goods delivered later at the supplier’s expense and risk, or to

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

complete the contract and without prejudice to his other rights,

be entitled to claim damages from the supplier.

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

or all of the goods or to perform the services within the

period(s) specified in the contract, the purchaser shall, without

prejudice to its other remedies under the contract, deduct from

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

delivered price of the delayed goods or unperformed services

using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser

may also consider termination of the contract pursuant to GCC

Clause 23.

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

for default 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 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

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

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

arising out of the contract, the parties shall make every effort

to resolve amicably such dispute or difference by mutual

consultation.

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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,

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

language and other documents pertaining to the contract that is

exchanged by the parties shall also be written in English.

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

Pt−Pmin

Ps= 80(1− )

Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

4. Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement

Regulations, preference points must be awarded for specific goals stated in

the tender. For the purposes of this tender the tenderer will be allocated points

based on the goals stated in table 1 below as may be supported by proof/

documentation stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the

Regulations, which states that, if it is unclear whether the 80/20 or 90/10

preference point system applies, an organ of state must, in the tender

documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the

80/20 or 90/10 preference point system will apply and that the highest

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acceptable tender will be used to determine the applicable preference

point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10

preference point system will apply and that the lowest acceptable

tender will be used to determine the applicable preference point

system,

then the organ of state must indicate the points allocated for specific goals for

both the 90/10 and 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the

table below.

(Note to organs of state: Where the 80/20 preference point system is applicable,

corresponding points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each

preference point system.)

Number of points Number of points

claimed (80/20 system) allocated

The specific goals allocated (80/20 system) (To be completed by the

points in terms of this tender tenderer)

(To be completed

by the organ of

state)

Women 3/20

Youth 5/20

Persons with disabilities 7/20

Enterprise located in 5/20

Limpopo

Declaration with regard to company/firm

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

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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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The national treasury

Republic of South Africa

Government procurement:

General conditions of contract

July 2010

Government procurement

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General conditions of contract

July 2010

Notes

The purpose of this document is to:

(i) Draw special attention to certain general conditions

applicable to government bids, contracts and orders; and

(ii) To ensure that clients be familiar with regard to the rights

and obligations of all parties involved in doing business with

government.

In this document words in the singular also mean in the plural

and vice versa and words in the masculine also mean in the

feminine and neuter.

• The General Conditions of Contract will form part of all bid

documents and may not be amended.

• Special Conditions of Contract (SCC) relevant to a specific bid,

should be compiled separately for every bid (if (applicable) and

will supplement the General Conditions of Contract. Whenever

there is a conflict, the provisions in the SCC shall prevail.

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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

14. Spare parts