Office space rental for hwseta kwazulu-natal provincial office (HWSETA007/2026)

provisions

in the SCC shall prevail.

Table of clauses

1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services

Performance security: the successful bidder must furnish performance security within 30 days of contract award notification, in the amount specified in the Special Conditions of Contract. Acceptable forms: bank guarantee or irrevocable letter of credit from a reputable bank, or a cashier's/certified cheque. Security is denominated in the contract currency or a freely convertible currency acceptable to the purchaser. Security is discharged and returned within 30 days after completion of all performance and warranty obligations, unless the SCC states otherwise.

Payment terms: the supplier must submit an invoice with a copy of the delivery note and proof of fulfilment of other contractual obligations. The purchaser pays within 30 days of invoice submission. Payment is in Rand unless the SCC stipulates another currency.

Prices are firm for the contract duration; any adjustments are only those authorised in the SCC or through a bid validity extension.

Anti-dumping and countervailing duties: the State is not liable for provisional payments or duties imposed after the bid date; any subsequent reduction must be refunded to the State or may be deducted from amounts due to the contractor.

Tax compliance: no contract will be concluded with a bidder whose tax matters are not in order. Prior to award, the department must hold an original tax clearance certificate issued by SARS.

National Industrial Participation Programme (NIPP): applies to all contracts subject to the NIP obligation, administered by the Department of Trade and Industry.

General eligibility: bidders must not have engaged in corrupt or fraudulent practices. The General Conditions of Contract apply to all bids, contracts and orders (including functional and professional services, sales, hiring, letting and granting/acquiring of rights) but exclude immovable property unless the bidding documents state otherwise. Special Conditions of Contract (SCC) supplement the GCC and prevail in case of conflict.

Contract amendments: only by written amendment signed by both parties.

Assignment: the supplier may not assign obligations without the purchaser's prior written consent.

Subcontracts: the supplier must notify the purchaser in writing of all subcontracts awarded under the contract; notification does not relieve the supplier of liability.

Delays and penalties: delivery and services must follow the purchaser's prescribed schedule. The supplier must promptly notify the purchaser in writing of any delay, its likely duration and cause. The purchaser may extend the time for performance with or without penalties; any extension must be ratified by contract amendment. Except where force majeure applies, delays render the supplier liable for penalties calculated at the current prime interest rate per day of delay on the delivered price of delayed goods or unperformed services. The purchaser may also terminate for default. For supply contracts, the purchaser may procure substitute goods of similar quality and quantity at the supplier's expense and risk, or cancel the contract and claim damages.

Termination for default: the purchaser may terminate by written notice if the supplier fails to deliver within the contract period (or extension), fails to perform any other obligation, or has engaged in corrupt or fraudulent practices. On termination, the purchaser may procure similar goods/services; the supplier is liable for excess costs. The purchaser may impose a restriction penalty prohibiting the supplier from public sector business for up to 10 years. The supplier has 14 days to object; if no response, the restriction may be imposed. Restrictions extend to associated enterprises and persons. Details are reported to National Treasury within 5 working days. Conviction under the Prevention and Combating of Corrupt Activities Act leads to endorsement on the Register for Tender Defaulters (5-10 years prohibition).

Termination for insolvency: the purchaser may terminate by written notice if the supplier becomes bankrupt or insolvent, without compensation to the supplier.

Dispute settlement: parties must attempt amicable resolution by mutual consultation. After 30 days, either party may give notice to commence mediation per SCC rules. If mediation fails, the matter may be settled in a South African court. Parties continue performing obligations during proceedings; the purchaser pays amounts due.

Limitation of liability: except for criminal negligence, wilful misconduct, or patent infringement, the supplier is not liable for indirect or consequential loss, loss of use, production, profits or interest. Aggregate liability does not exceed the total contract price, except for the cost of repairing or replacing defective equipment.

Governing language: English.

Applicable law: South African law unless the SCC states otherwise.

Notices: written acceptance of a bid is sent by registered or certified mail; other notices by ordinary mail to the address in the bid or later notified in writing. Time for performance after notice runs from the date of posting.

Taxes and duties: foreign suppliers are responsible for all taxes, duties and levies outside the purchaser's country; local suppliers for all such charges until delivery. No contract is awarded without a valid SARS tax clearance certificate.

Force majeure: the supplier is not liable for forfeiture of performance security, damages, or termination for default if delay is caused by force majeure. The supplier must promptly notify the purchaser in writing and continue performing as far as reasonably practical, seeking alternative means.

Insurance: goods must be fully insured in a freely convertible currency against loss or damage during manufacture, acquisition, transportation, storage and delivery as specified in the SCC.

Transportation: if a price other than all-inclusive delivered price is required, it will be specified in the SCC.

Incidental services: the supplier may be required to provide on-site assembly/commissioning, tools, operation and maintenance manuals, maintenance/repair services (without relieving warranty obligations), and training of purchaser's personnel. Prices for incidental services not included in the contract price must be agreed in advance and not exceed prevailing rates.

Spare parts: as specified in the SCC, the supplier may be required to provide spare parts for purchase and, on termination of production, advance notification and blueprints/drawings/specifications at no cost.

Warranty: goods must be new, unused, current models incorporating recent improvements, free from defects in design, materials or workmanship (except where design/material is specified by the purchaser). Warranty valid for 12 months after delivery and acceptance at final destination, or 18 months after shipment from source country, whichever ends first, unless the SCC states otherwise. The purchaser must notify defects in writing; the supplier must repair or replace within the period specified in the SCC at no cost. If the supplier fails, the purchaser may remedy at the supplier's risk and expense.

Packing: packing must prevent damage or deterioration during transit, withstand rough handling, extreme temperatures, salt, precipitation and open storage. Packing, marking and documentation must comply with contract and SCC requirements.

Delivery and documents: delivery per contract terms; shipping and other documents as specified in the SCC.

Inspections, tests and analyses: pre-bid testing at bidder's account. If bid conditions require inspection during production/execution/completion, the supplier's premises must be open at reasonable hours for inspection by the Department or its agent. If inspections are later decided, the purchaser arranges and pays. Costs of inspections showing compliance are borne by the purchaser; costs for non-compliant supplies are borne by the supplier. Non-compliant supplies may be rejected. Post-delivery inspection may reject non-compliant supplies; rejected supplies held at supplier's cost and risk, must be removed and replaced promptly. Failure to replace allows purchaser to procure substitutes at supplier's expense. These provisions do not prejudice the right to cancel for breach.

Use of contract documents and information: the supplier may not disclose contract documents, specifications, plans, drawings, patterns, samples or information to third parties without the purchaser's prior written consent, except to employees necessary for performance, in confidence. The supplier may not use such documents/information except for contract performance. Documents (other than the contract) remain the purchaser's property and must be returned on completion if required. The supplier must permit inspection and audit of records relating to performance.

Patent rights: the supplier indemnifies the purchaser against third-party claims of patent, trademark or industrial design infringement arising from use of the goods.

Standards: goods must conform to standards mentioned in the bidding documents and specifications.

Application: GCC applies to all bids, contracts and orders including functional/professional services, sales, hiring, letting, granting/acquiring rights, excluding immovable property unless bidding documents state otherwise. SCC supplements GCC and prevails in conflict.

General: purchaser not liable for bid preparation costs; non-refundable document fee may be charged. Invitations to bid published in Government Tender Bulletin (available from Government Printer or www.treasury.gov.za).

Definitions: key terms defined including closing time, contract, contract price, corrupt practice, countervailing duties, country of origin, day, delivery, delivery ex stock, delivery into consignee's store, dumping, force majeure, fraudulent practice, GCC, goods, imported content, local content, manufacture, order, project site, purchaser, Republic, SCC, services, written.

Special Conditions of Contract (SCC) are compiled separately for each bid and supplement the General Conditions of Contract. In the event of conflict, the SCC provisions prevail over the GCC.

No specific requirements found

General Conditions of Contract (revised February 2008) apply to this tender. Key contractual terms include:

• Definitions of standard procurement terms (closing time, contract, contract price, corrupt practice, force majeure, etc.)
• Application: GCC applies to all bids, contracts and orders including functional and professional services, but excludes immovable property unless otherwise indicated
• Special Conditions of Contract (SCC) supplement GCC and prevail in case of conflict
• Standards: goods/services must conform to standards mentioned in bidding documents
• Use of contract documents: supplier may not disclose contract information without purchaser's prior written consent; supplier must permit purchaser to inspect/audit records
• Patent rights: supplier indemnifies purchaser against third-party IP claims
• Performance security: successful bidder must furnish performance security within 30 days of award notification, amount specified in SCC; forms include bank guarantee, irrevocable letter of credit, or cashier's/certified cheque; security returned within 30 days after completion
• Inspections/tests: pre-bidding testing at bidder's account; purchaser may inspect premises at reasonable hours; non-compliant supplies may be rejected at supplier's cost
• Packing: must prevent damage during transit, withstand rough handling, extreme temperatures, salt, precipitation
• Delivery: in accordance with contract terms; documents specified in SCC
• Insurance: goods fully insured in freely convertible currency as specified in SCC
• Transportation: all-inclusive delivered price unless otherwise specified in SCC
• Incidental services: may include assembly/commissioning, tools, manuals, maintenance/repair, training
• Spare parts: as specified in SCC
• Warranty: 12 months after delivery/acceptance or 18 months after shipment, whichever earlier; supplier must repair/replace defects within period specified in SCC
• Payment: method and conditions specified in SCC; invoice with delivery note; payment within 30 days of invoice; payment in Rand unless otherwise stipulated
• Prices: fixed as quoted except for adjustments authorized in SCC
• Contract amendments: only by written amendment signed by parties
• Assignment: not permitted without purchaser's prior written consent
• Subcontracts: supplier must notify purchaser in writing; does not relieve supplier of liability
• Delays: supplier must notify purchaser of delays; purchaser may extend time with or without penalties; purchaser may procure substitute supplies at supplier's expense
• Penalties: prime interest rate per day of delay on delivered price of delayed goods/services; purchaser may terminate
• Termination for default: for failure to deliver, perform obligations, or corrupt/fraudulent practices; purchaser may procure similar goods/services at supplier's expense; restriction penalty up to 10 years from public sector
• Force majeure: supplier not liable for delays due to events beyond control; must notify purchaser promptly
• Termination for insolvency: purchaser may terminate without compensation
• Dispute settlement: mutual consultation (30 days), then mediation, then South African court; mediation rules in SCC
• Limitation of liability: supplier not liable for indirect/consequential loss; aggregate liability limited to contract price (except defective equipment repair/replacement)
• Governing language: English
• Applicable law: South African law unless otherwise specified in SCC
• Notices: by registered/certified mail to address in bid
• Taxes and duties: foreign supplier responsible for taxes outside purchaser's country; local supplier responsible until delivery; tax clearance certificate required prior to award
• National Industrial Participation Programme (NIPP): applies to contracts subject to NIP obligation

Special Conditions of Contract (SCC) relevant to this specific bid must be compiled separately and will supplement the General Conditions of Contract. Where SCC provisions conflict with GCC, the SCC provisions prevail. The SCC will specify tender-specific details such as performance security amount, delivery terms, payment conditions, inspection requirements, warranty periods, and other contract-specific requirements.