Appointment of a service provider to provide office space for the hwseta mpumalanga provincial office

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

Returnable documents are not detailed in the available material. The only explicit submission-related requirement is that the bidder must submit an original tax clearance certificate issued by SARS prior to award. No other returnable forms or submission instructions are specified in the source document.

The evaluation criteria are not fully specified in the available document. The document states that the contract will be awarded only to bidders whose tax matters are in order, and that an original SARS tax clearance certificate must be submitted prior to award. The General Conditions of Contract also prohibit corrupt and fraudulent practices; engaging in such practices may lead to termination and restriction from doing business with the public sector for up to 10 years. No scoring or weighting criteria (e.g., price, functionality, B-BBEE) are provided in the source.

The document is the General Conditions of Contract (GCC) and does not contain tender-specific technical specifications. It states that goods supplied must conform to the standards mentioned in the bidding documents and specifications. No specific technical requirements are provided in the available source.

The document specifies that the successful bidder must furnish a performance security within 30 days of notification of contract award, in the amount specified in the Special Conditions of Contract (SCC). The security may be a bank guarantee, irrevocable letter of credit, or cashier's/certified cheque. Payment will be made in Rand unless otherwise stipulated in the SCC, and payments are due within 30 days after submission of an invoice. No other financial requirements (e.g., turnover, pricing format) are stated in the source.

Bidders must have a valid original tax clearance certificate from SARS prior to award. Bidders must not be insolvent or bankrupt. The contract will be governed by South African law. Any National Industrial Participation (NIP) obligations under the Department of Trade and Industry apply. The GCC prohibits corrupt and fraudulent practices; engaging in such practices may lead to termination and restriction from doing business with the public sector for up to 10 years. Bidders must comply with any Special Conditions of Contract (SCC) and any requirements in the bidding documents.

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

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

documents for the receipt of bids.

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

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

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

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

contract for the full and proper performance of his contractual

obligations.

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

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

procurement process or in contract execution.

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

abroad is subsidized by its government and encouraged to market its

products internationally.

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

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

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

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

contract or order.

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

actually on hand.

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

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

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

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

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

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

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

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

quarantine restrictions and freight embargoes.

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

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

detriment of any bidder, and includes collusive practice among bidders

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

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

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

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

contract.

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

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

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

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

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

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

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

the Republic where the supplies covered by the bid will be

manufactured.

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

included in the imported content provided that local manufacture does

take place.

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

labour, materials, components and machinery and includes other

related value-adding activities.

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

or works or the rendering of a service.

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

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

such as installation, commissioning, provision of technical assistance,

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

obligations of the supplier covered under the contract.

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

electronic or mechanical writing.

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

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

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

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

cover specific supplies, services or works.

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

general conditions, the special conditions shall apply.

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

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

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

documents may be charged.

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

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

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

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

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

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

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

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

following information:

(i) the name and address of the supplier and / or person restricted by the

purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database

of suppliers or persons prohibited from doing business with the public

sector.

23.7 If a court of law convicts a person of an offence as contemplated in

sections 12 or 13 of the Prevention and Combating of Corrupt Activities

Act, No. , the court may also rule that such person’s name be

endorsed on the Register for Tender Defaulters. When a person’s name

has been endorsed on the Register, the person will be prohibited from

doing business with the public sector for a period not less than five years

and not more than 10 years. The National Treasury is empowered to

determine the period of restriction and each case will be dealt with on its

own merits. According to section 32 of the Act the Register must be

open to the public. The Register can be perused on the National Treasury

website.

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

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

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

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

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

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

countervailing right is abolished, or where the amount of such

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

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

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

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

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

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

may be due to him

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

The contract is governed by the General Conditions of Contract (GCC) as revised February 2008. Special Conditions of Contract (SCC) supplement the GCC and prevail in case of conflict. The contract must be written in English. The supplier must not assign obligations without prior written consent. Subcontracts must be notified in writing. The supplier warrants goods are new, unused, and free from defects for 12 months after delivery or 18 months after shipment, whichever ends earlier. Payment is due within 30 days of invoice. Prices may not vary from bid prices unless authorized. Delays may incur penalties calculated at the prime interest rate per day of delay. The purchaser may terminate for default, insolvency, or corrupt/fraudulent practices. Disputes are to be resolved through consultation, then mediation, then South African courts. The supplier must indemnify the purchaser against third-party patent, trademark, or industrial design claims. The supplier must permit inspection of records and audits. The purchaser may terminate for insolvency without compensation. Force majeure excuses delays if notified promptly. The purchaser may impose a restriction on doing business with the public sector for up to 10 years for default or corrupt practices. The National Industrial Participation Programme (NIPP) applies where applicable.

The document is the SBD 6.1 Preference Points Claim Form in terms of the Preferential Procurement Regulations 2022. It is a standard form for claiming preference points for specific goals in this tender.

The tender uses the 80/20 preference point system. Price is allocated 80 points, and specific goals are allocated 20 points. Specific goals and their points: Black woman ownership (3 points), people with disability ownership (4 points), Black youth ownership (5 points), QSE/EME status (5 points), Black ownership (3 points). Bidders must complete and submit SBD 6.1 (Preference Points Claim Form) to claim these points. Failure to submit required proof or documentation for specific goals with the tender means no preference points for those goals will be claimed. The organ of state may require substantiation of any preference claims before or after adjudication.

Preference points claim form in terms of the preferential procurement regulations 2022

Returnable documents: the Bidder's Disclosure form (SBD 4 equivalent) must be completed, signed, and submitted with the bid. The form requires disclosure of any state employment, relationships with procuring institution staff, and interests in related enterprises. Bids from persons listed on the Register for Tender Defaulters or the List of Restricted Suppliers are automatically disqualified. Bids must be submitted before the closing time; late submissions are not accepted.

Bidders must not be listed on the Register for Tender Defaulters or the List of Restricted Suppliers. The Bidder's Disclosure form must be fully completed and signed. Bidders must certify that the bid was prepared independently, without collusion or disclosure of bid terms to competitors. False declarations may lead to disqualification, referral to the Competition Commission, criminal investigation, or restriction from public sector business for up to 10 years.

Any person (natural or juristic) may make an offer or offers in terms

Bidders must complete and sign the Bidder's Disclosure form (SBD 4 equivalent). Bidders must not be listed on the Register for Tender Defaulters or the List of Restricted Suppliers. Bidders must declare any employment by the state, relationships with procuring institution staff, and interests in related enterprises. Bidders must certify independent bid determination.