Supply and application of waterproofing at kwamagxaki shopping centre, gqeberha

1.1. The purpose of this Request for Quotation (RFQ) is to appoint a reputable

services provider for the supply and application of waterproofing to the tiled

roof at Kwamagxaki Shopping Centre, c/o Ralo & Cetu Roads, Kwamagxaki,

Gqebertha for the subsidiary of the SMALL ENTERPRISE DEVELOPMENT AND

FINANCE AGENCY (Sedfa) i.e. KHULA BUSINESS PREMISES (PTY) LTD (KBP)

2.1. Khula Business Premises (Pty) Ltd has existing property in Gqebertha,

Kwamagxaki Shopping Centre, c/o Ralo & Cetu Roads, Kwamagxaki, Eastern

Cape

2.2. The property currently has been standing for many years with the original roof

structure.

2.3. The preventative maintenance performed to the tiled roof will extend the life

span of the existing roof and will reduce the amount of complaints that we will

receive from tenants during the rainy season.

3.1 The Service Provider will be required to supply and install new waterproofing

as per the below:

Price Total

Ite per Amou

m Description m Qty Qty nt

Clean roof with an eco-

friendly, non-toxic solution

that removes moss, algae,

1 and pollutants M2 1425

Remove existing gutters

(170m) and down pipes

(100m) on building 1 & 2

2 and safely dispose of them Item 1

Replace existing gutters

(170m) and down pipes

(100m) on building 1 & 2

with new 110mm pvc

3 gutters and downpipes Item 1

Allowance to be made for

cracked or damaged tiles

3 to be repaired or replaced. M2 50

Seal all joints, edges, and

weak spots using a high-

performance liquid rubber

that strengthens and

4 protects against moisture. Item 1

Apply Bonding Primer for

superior adhesion,

ensuring a solid

foundation for

5 waterproofing. M2 1425

Apply Two coats of Liquid

Rubber Paint to provide a

6 flexible, waterproof barrier. M2 1425

Supply and install bird

7 proofing to ensure that Item 1

Price Total

Ite per Amou

m Description m Qty Qty nt

louvres are properly bird

proofed

Allowance to be made for

all building penetrations to

be properly sealed and

8 waterproofed M2 75

Supplier to issue Sedfa

with a minimum 5-year

warranty, as per

8 manufacturers guarantee Item 1

Sub

Total

VAT @

15 %

Grand

Total

NB: Bidders that do not quote as per the requirements/ specification will be regarded as nonresponsive, and such proposals/ quotations will be disqualified.

4. Sedfa’s Roles and Responsibilities (if applicable)

4.1. Define the scope and expectations of services to be rendered.

4.2. Provide access to relevant areas and facilities for contractor.

4.3. Coordinate with the service provider on all operational requirements.

4.4. Provide orientation or briefing to contractor staff on site-specific protocols.

4.5. Monitor performance and ensure work is carried out to specifications.

5. Evaluation of the Proposal

5.1. Phase 1: SCM Document Assessment Criteria

The following assessment criteria will form the basis of the evaluation of all price

proposals and failure to comply may result in the elimination of the price

quotation for further evaluation:

5.1.1. Submission of completed and signed SBD 4; and

5.1.2. Submission of completed and signed SBD 6.1

5.2. Phase 2: Mandatory Requirements/ Pre-qualification criteria (if applicable)

The following pre-qualification criteria will form the basis of the evaluation of all

price quotations and failure to comply will result in the elimination of the price

quotation for further evaluation:

No Mandatory Requirements Substantiating evidence of compliance

(used to evaluate bid)

1. The bidder must be registered Attach a valid certified copy of certificate

with Construction Industry as proof that the bidder is registered

Development Board (CIDB) with (please provide CRS No).

CIDB 1SN or higher; NOTE (1):

The certified copy of valid documentation

(certificate) should clearly indicate the

following information below:

(i) The bidder’s name;

(ii) The date it was issued; and the expiry

date

Note (2):

Sedfa reserves the right to verify

2. The bidder must have a minimum The bidder must have a minimum of two

of two (2) contactable reference (2) contactable reference letters where

letters where similar work was similar work was successfully completed

successfully completed in the last in the last three (03) years.

three (03) years.

Note (1):

The Bidder must provide all of the following

information

a) Company name; and

b) Contact person, telephone and/or e-

mail address; and

c) Project scope of Work; and

d) Project date.

Purchase orders and appointment letters

MUST BE accompanied by completion

certificates.

Unverifiable references may

Result in disqualification

3. The bidder must be registered Attach a valid COIDA certificate in line

with the Department of Labour for with services required.

Compensation for Occupational

Injuries and Diseases Act (COIDA).

No Mandatory Requirements Substantiating evidence of compliance

(used to evaluate bid)

4. The bidders must have a presence NOTE (1):

in the Eastern Cape Province: The Bidder must provide one of the

following information

• Copy of Utility Bill (not older than 3

months) or

• Valid Lease Agreement must be

accompanied by a valid copy of the

utility bill/rental invoice linked to

the lease on the closing date and

time of the RFB

• Title Deed
• Company Registration document

(CIPC) that outlines the physical

address

• Urban Areas: Official letter with a

stamp from the local councilor

fi i th dd f thBidders that fail to comply with all the mandatory requirements will not be

considered for further evaluation, and they will be automatically disqualified.

5.3. Phase 3: Preference Points System

Only qualifying price quotations that achieved the minimum points for

functionality will be evaluated further on the 80/20 preference points system as

follows:

Preference Point Criteria Points

Allocation

1. Price 80
2. Specific Goals as per the SBD 6.1 20

Total Points 100

Specific Goals and points claimed are indicated per table below:

Specific Goals Allocated and Points to claimed in terms of this RFQ

Indicate the following to support this claim. Failure to provide the required

information will result in being forfeited.

Indicate Number of Full Time Employed Paid Employees: __________

Total Annual Turnover or Revenue: R___________

Size of Enterprise Number of

points

Number claimed

of points (80/20

allocated system)

(80/20 (To be

system) completed

by the

tenderer)

Micro Enterprise 8

Small Enterprise 5.6

Medium Enterprise 3.2

Large Enterprise 0.8

Sworn Affidavit/ BBBEE Certificate 2

(Ownership aligned to B-BBEE Status Level)

L1 l2 l3 l4 l5 l6 l7 l8

2 1.75 1.50 1.25 1 0.75 0.25 0

Black Women Owned (more/≥30% owned) 4

Target Group: Youth 2

Spatial: Rural 4

Spatial: Townships 2.4

Spatial: City 0.8

6. Terms and conditions

6.1. Price quotations submitted must be inclusive of all costs and applicable taxes

(VAT) and be valid for a period of at least 30 days.

6.2. No late price quotations will be accepted under any circumstances.

6.3. Failure to submit a valid Sworn Affidavit (EME) or an original/certified valid B-

BBEE Status Level Verification Certificate (other than EME or QSE), CIPC, Copy

of Utility Bill/Lease Agreement/Title Deed/ Letter from the Municipality will result

in no preference points being awarded for Specific Goals.

6.4. Suppliers/service providers must submit Companies & Intellectual Property

Commission (CIPC) company registration documents listing all Directors or

Shareholders and certified ID copies of

Shareholders/Directors/Members/Partners.

6.5. Suppliers/service providers must complete and return all the required

documents, failing which, the supplier/service provider’s quotation will be

declared invalid.

6.6. Service providers/suppliers must submit a valid Tax Compliance Status (TCS)

Certificate with a unique security personal, Identification (PIN) issued by the

South African Revenue Services (SARS) certifying that the taxes of the service

provider/supplier are in order must be submitted at the closing date and time

of the RFQ/Bid.

6.7. The hourly rates of consultants must be in accordance with the rates issued and

determined by the South African Institute of Chartered Accountants,

Department of Public Service and Administration or the body regulating the

profession of the consultant (if applicable).

6.8. Consultant’s travel arrangements must be in line with the government’s travel

cost containment measures [air travel, vehicle hire, accommodation rates,

claiming kilometers according to the rates set by the Department of Transport]

(if applicable).

6.9. This RFQ is subject to the National Treasury’s General Conditions of Contract

(GCC) that can be accessed at the following link:

6.10. Sedfa is committed to a fraud-free environment. One call can keep Sedfa

Fraud & Corruption Free. Individuals may report any suspicious activity by

calling the Sedfa Fraud Hotline: 0800 724 666 or email [email protected]

or sms: 30916 or go to https://www.thehotline.co.za/report.

http://www.treasury.gov.za/divisions/ocpo/sc/GeneralConditions/General%20Condition

s%20of%20Contract-%20Inclusion%20of%20par%2034%20CIBD.pdf

Sedfa wishes to thank you in advance for your price quotation.

Bidder’s disclosure

1. Purpose of the form

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

this invitation to bid. In line with the principles of transparency,

accountability, impartiality, and ethics as enshrined in the Constitution

of the Republic of South Africa, 1996 (Constitution), and further

expressed in the various applicable legislation, it is required for the

bidder to make this declaration in respect of the details required

hereunder.

1.2 If a person is listed in the Register for Tender Defaulters and/or the List

of Restricted Suppliers, that person will automatically be disqualified

from the bid process.

2. Declaration on employment by organ of state

2.1 Is the bidder, or any of the directors / trustees / shareholders / members

/ partners of the bidder employed by an organ of state, as defined in

section 239 of the Constitution? YES/NO

2.2 If YES, furnish particulars of the names, individual identity numbers, in

the table below:

Full Name Identity Number Name of organ of

state

1. the power, by one person or a group of persons holding the majority of the equity of

an enterprise, alternatively, the person/s having the deciding vote or power to influence

or to direct the course and decisions of the enterprise.

Sbd4

2.3 Do you, or any person connected with the bidder, have a relationship

with any person who is employed by the procuring institution? YES/NO

2.3.1 If so, furnish particulars:

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

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

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

2.4 Does the bidder or any of its directors/trustees/shareholders

members/partners or any person having a controlling interest in the

enterprise have any interest in any other related enterprise, whether or

not they are bidding for this contract? YES/NO

2.4.1 If so, indicate all companies registered in the CSD in the table below:

Supplier registration number Status (active/inactive/deleted)

(Maaa)

Failure to disclose all CSD-registered active companies linked to all

Directors will lead to disqualification.

3 general declaration

I, ............................................................................................., the

undersigned, in submitting the accompanying bid, do hereby make the

following statements that I certify to be true and complete in every respect:

3.1 I have read and I understand the contents of this disclosure.

3.2 I understand that the accompanying bid will be disqualified if this

disclosure is found to be false.

3.3 The bidder has arrived at the accompanying bid independently from, and

without consultation, communication, agreement or arrangement with

any competitor.

3.4 In addition, there have been no consultations, communications,

agreements or arrangements with any competitor regarding the quality,

quantity, specifications, prices, including methods, factors or formulas

used to calculate prices, market allocation, the intention or decision to

submit or not to submit the bid, bidding with the intention not to win the

bid and conditions or delivery particulars of the products or services to

which this bid invitation relates.

Sbd4

3.5 The terms of the accompanying bid have not been, and will not be,

disclosed by the bidder, directly or indirectly, to any competitor, prior to

the date and time of the official bid opening or of the awarding of the

contract.

3.6 There have been no consultations, communications, agreements or

arrangements made by the bidder with any official of the procuring

institution in relation to this procurement process prior to and during the

bidding process except to provide clarification on the bid submitted

where so required by the institution; and the bidder was not involved in

the drafting of the specifications or terms of reference for this bid.

3.7 I am aware that, in addition and without prejudice to any other remedy

provided to combat any restrictive practices related to bids and contracts,

bids that are suspicious will be reported to the Competition Commission

for investigation and possible imposition of administrative penalties in

terms of section 59 of the Competition Act, 1998 (Act No. )

and or may be referred to law enforcement agencies for criminal

investigation and or may be restricted from conducting business with the

state for a period not exceeding 10 years in terms of the Prevention and

Combating of Corrupt Activities Act, 2004 (Act No. ) or any

other applicable legislation.

I certify that the above is correct.

I 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

SCM standard bidding document (sbd 6.1) - Specific goals

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

RFQ’s/Tenders:

• the 80/20 system for requirements with a Rand value from up to R50 000

000 (all applicable taxes included); and

1.2 To be completed by the organ of state

a) The applicable preference point system for this RFQ/Tender is the 80/20

preference point system.

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

contracts) shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this RFQ/Tender are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

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

terms of this RFQ/Tender to claim points for Specific Goals with the

RFQ/Tender, will be interpreted to mean that preference points for specific goals

are not claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a

RFQ/Tender is adjudicated or at any time subsequently, to substantiate any

claim regarding preferences, in any manner required by the organ of state.

SCM standard bidding document (sbd 6.1) - Specific goals

2. Definitions

(a) “tender” means a written offer in the form determined by an organ of state in

response to an invitation to provide goods or services through price quotations,

competitive tendering process or any other method envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and

includes all applicable taxes less all unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated

at the time of bid invitation, and includes all applicable taxes;

(d) “tender for income-generating contracts” means a written offer in the form

determined by an organ of state in response to an invitation for the origination

of income-generating contracts through any method envisaged in legislation

that will result in a legal agreement between the organ of state and a third party

that produces revenue for the organ of state, and includes, but is not limited to,

leasing and disposal of assets and concession contracts, excluding direct sales

and disposal of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000

(Act No. ).

3. Formulae for procurement of goods and services

3.1. Points awarded for price

3.1.1 The 80/20 preference point systems

A maximum of 80 points is allocated for price on the following basis:

Issue date: 2 September 2026.

Compulsory briefing session: 9 September 2026 at 11h00 at Kwamagxaki Shopping Centre, c/o Ralo & Cetu Roads, Kwamagxaki, Gqeberha. Attendance is mandatory.

Closing date and time: 16 September 2026 at 11h00. No late submissions accepted.

No clarification deadline or site visit dates are stated.

SCM / briefing contact: Luvo Pakkies, telephone 081 216 0464, email [email protected].

Submission address: email to [email protected].

No separate technical contact is listed.

Submission method: email to [email protected].

Closing date and time: 16 September 2026 at 11h00. No late quotations accepted under any circumstances.

Compulsory briefing session: 9 September 2026 at 11h00 at Kwamagxaki Shopping Centre, c/o Ralo & Cetu Roads, Kwamagxaki, Gqeberha. Attendance is mandatory; non-attendance leads to disqualification.

Returnable documents (all must be completed, signed and submitted with the quotation):

• SBD 4 (Declaration of Interest): discloses whether any director or shareholder is employed by the state or connected to anyone at the procuring institution. A false declaration disqualifies the bid.
• SBD 6.1 (Preference Points Claim): claims specific-goal points under the 80/20 preference point system. Must be fully completed and supported by proof; failure to submit forfeits the points.
• Valid certified copy of CIDB registration certificate (grade 1SN or higher) showing bidder name, issue date and expiry date.
• Minimum two contactable reference letters for similar work completed in the last three years, each stating company name, contact person, telephone/email, project scope and project date. Purchase orders and appointment letters must be accompanied by completion certificates.
• Valid COIDA certificate (Compensation for Occupational Injuries and Diseases Act).
• Proof of physical presence in Eastern Cape Province: one of — utility bill not older than three months; valid lease agreement with utility bill/rental invoice linked to the lease on closing date; title deed; CIPC registration document showing physical address; or official stamped letter from local councillor confirming address.
• CIPC company registration documents listing all directors/shareholders and certified ID copies of directors/shareholders/members/partners.
• Valid SARS Tax Compliance Status (TCS) PIN.
• Sworn Affidavit (EME) or original/certified valid B-BBEE Status Level Verification Certificate (other than EME or QSE) for specific-goal points.

Quotations must be inclusive of all costs and applicable taxes (VAT) and remain valid for at least 30 days.

Disqualification risks: any returnable form left unsigned or omitted; submission after closing time; failure to meet any mandatory requirement; unverifiable references; non-compliance with specification.

Three-phase evaluation:

Phase 1 — SCM Document Assessment (pass/fail): submission of completed and signed SBD 4 and SBD 6.1. Failure eliminates the quotation.

Phase 2 — Mandatory Pre-qualification Criteria (pass/fail, all must be met):

• CIDB registration grade 1SN or higher (certified copy of certificate with CRS number).
• Two contactable reference letters for similar work completed in the last three years with required details and completion certificates.
• Valid COIDA certificate.
• Proof of physical presence in Eastern Cape Province (one of the listed documents).

Failure to comply with any mandatory requirement results in automatic disqualification.

Phase 3 — Preference Points System (80/20): only quotations passing Phases 1 and 2 are evaluated.

• Price: 80 points (formula Ps = 80(1 - (Pt - Pmin)/Pmin)).
• Specific Goals: 20 points claimed via SBD 6.1 and supported by proof. Points allocation:

• Enterprise size: Micro 8, Small 5.6, Medium 3.2, Large 0.8.

• B-BBEE status level (Sworn Affidavit/B-BBEE certificate): Level 1 = 2, Level 2 = 1.75, Level 3 = 1.5, Level 4 = 1.25, Level 5 = 1, Level 6 = 0.75, Level 7 = 0.25, Level 8 = 0.

• Black women owned (≥30%): 4 points.

• Youth target group: 2 points.

• Spatial — Rural: 4, Township: 2.4, City: 0.8.

Failure to submit fully completed SBD 6.1 with supporting proof forfeits specific-goal points.

No minimum functionality threshold is stated; the document refers to "minimum points for functionality" but does not define a functionality scoring sheet.

Scope: supply and application of waterproofing to the tiled roof at Kwamagxaki Shopping Centre, c/o Ralo & Cetu Roads, Kwamagxaki, Gqeberha, Eastern Cape.

Bill of quantities (pricing schedule):

1. Clean roof with eco-friendly, non-toxic solution removing moss, algae and pollutants — 1,425 m².
2. Remove existing gutters (170 m) and downpipes (100 m) on buildings 1 & 2 and safely dispose — item.
3. Replace gutters (170 m) and downpipes (100 m) on buildings 1 & 2 with new 110 mm PVC gutters and downpipes — item.
4. Allowance for cracked or damaged tiles to be repaired or replaced — 50 m².
5. Seal all joints, edges and weak spots using high-performance liquid rubber — item.
6. Apply bonding primer for superior adhesion — 1,425 m².
7. Apply two coats of liquid rubber paint for flexible waterproof barrier — 1,425 m².
8. Supply and install bird proofing to louvres — item.
9. Allowance for all building penetrations to be properly sealed and waterproofed — 75 m².
10. Supplier to issue a minimum 5-year warranty as per manufacturer's guarantee — item.

Pricing to be submitted as per the schedule above; subtotal, VAT at 15%, grand total.

Bidders not quoting per the specification will be regarded as non-responsive and disqualified.

Sedfa responsibilities: define scope, provide access, coordinate operational requirements, brief contractor on site-specific protocols, monitor performance.

sefa takes a zero-tolerance approach to fraud, corruption and bribery.

sefa is committed to acting fairly, with integrity, in all its’ relationships and

business dealings both internally and externally (with its suppliers,

contractors and other stakeholders).

5. Use of contract documents and information; inspection

Pricing format: priced bill of quantities as listed in the scope (items 1–10) with subtotal, VAT at 15%, and grand total. Quotations must be inclusive of all costs and applicable taxes and valid for at least 30 days.

No performance bond, guarantee or insurance amounts are specified in the tender-specific terms. The General Conditions of Contract (GCC) clause 7 requires the successful bidder to furnish performance security of the amount specified in the Special Conditions of Contract within 30 days of award, in the form of a bank guarantee, irrevocable letter of credit, or cashier's/certified cheque — but the Special Conditions of Contract are not provided in the document.

Payment terms: per GCC clause 16, payment within 30 days of invoice submission; method and conditions to be specified in the Special Conditions of Contract (not provided).

No financial capacity or turnover thresholds are stated as eligibility criteria.

Mandatory compliance documents (must be submitted with the quotation):

• CSD registration (implied by requirement to disclose all CSD-registered active companies linked to directors in SBD 4).
• Valid SARS Tax Compliance Status PIN.
• CIDB registration grade 1SN or higher (certified copy of certificate with CRS number, showing bidder name, issue and expiry dates).
• Two contactable reference letters for similar work completed in the last three years with completion certificates.
• Valid COIDA certificate.
• Proof of physical presence in Eastern Cape Province (utility bill ≤3 months, lease with utility bill/rental invoice, title deed, CIPC document with address, or councillor letter).
• CIPC company registration documents listing all directors/shareholders and certified ID copies of directors/shareholders/members/partners.
• Sworn Affidavit (EME) or original/certified valid B-BBEE Status Level Verification Certificate (other than EME/QSE) for specific-goal points.
• Completed and signed SBD 4 (Declaration of Interest).
• Completed and signed SBD 6.1 (Preference Points Claim) with supporting proof for claimed specific goals.

Failure to submit any mandatory document results in automatic disqualification. Failure to submit B-BBEE proof forfeits specific-goal points only.

Contract subject to National Treasury General Conditions of Contract (GCC).

16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices

General Conditions of Contract

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

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

documents for the receipt of bids.

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

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

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

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

contract for the full and proper performance of his contractual

obligations.

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

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

procurement process or in contract execution.

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

abroad is subsidized by its government and encouraged to market its

products internationally.

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

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

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

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

contract or order.

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

actually on hand.

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

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

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

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

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

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

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

RSA.

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

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

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

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

quarantine restrictions and freight embargoes.

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

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

detriment of any bidder, and includes collusive practice among bidders

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

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

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

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

contract.

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

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

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

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

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

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

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

the Republic where the supplies covered by the bid will be

manufactured.

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

included in the imported content provided that local manufacture does

take place.

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

labour, materials, components and machinery and includes other

related value-adding activities.

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

or works or the rendering of a service.

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

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

such as installation, commissioning, provision of technical assistance,

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

obligations of the supplier covered under the contract.

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

electronic or mechanical writing.

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

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

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

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

cover specific supplies, services or works.

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

general conditions, the special conditions shall apply.

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

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

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

documents may be charged.

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

Government Tender Bulletin. The Government Tender Bulletin may be

obtained directly from the Government Printer, Private Bag X85,

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

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

bidding documents and specifications.

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

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

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

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

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

inspection.

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent,

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause

5.1 shall remain the property of the purchaser and shall be returned (all

copies) to the purchaser on completion of the supplier’s performance

under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records

relating to the performance of the supplier and to have them audited by

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

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

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

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

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

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

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

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

failure to complete his obligations under the contract.

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

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

and shall be in one of the following forms:

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

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

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

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

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

contract, including any warranty obligations, unless otherwise

specified in SCC.

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

tests and

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

rendered should at any stage during production or execution or on

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

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

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

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

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

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

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

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

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

purchaser.

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

comply with the contract requirements, irrespective of whether such

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

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

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

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

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

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

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

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

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

Failing such removal the rejected supplies shall be returned at the

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

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

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

supplier.

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

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

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

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

prevent their damage or deterioration during transit to their final

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

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

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

take into consideration, where appropriate, the remoteness of the

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

all points in transit.

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

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

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

instructions ordered by the purchaser.

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

and documents the terms specified in the contract. The details of shipping and/or other

documents to be furnished by the supplier are specified in SCC.

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

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

convertible currency against loss or damage incidental to manufacture

or acquisition, transportation, storage and delivery in the manner

specified in the SCC.

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

this shall be specified in the SCC.

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

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

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

commissioning of the supplied goods;

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

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

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

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

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

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

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

maintenance, and/or repair of the supplied goods.

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

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

parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

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

of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

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

supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and

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

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

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

purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

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

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

incorporate all recent improvements in design and materials unless

provided otherwise in the contract. The supplier further warrants that

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

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

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

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

supplied goods in the conditions prevailing in the country of final

destination.

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

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

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

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

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

unless specified otherwise in SCC.

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

claims arising under this warranty.

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

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

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

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

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

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

expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

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

under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

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

stipulated in the contract.

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

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

supplier.

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

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

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

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

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

extension, as the case may be.

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

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

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

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

consent.

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

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

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

from any liability or obligation under the contract.

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

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

performance purchaser in the contract.

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

subcontractor(s) should encounter conditions impeding timely delivery

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

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

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

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

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

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

be ratified by the parties by amendment of contract.

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

supplies or services from a national department, provincial department,

or a local authority.

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

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

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

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

available.

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

the performance of its delivery obligations shall render the supplier

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

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

21.2 without the application of penalties.

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

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

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

substitution of the goods not supplied in conformity with the contract

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

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

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

entitled to claim damages from the supplier.

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

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

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

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

calculated on the delivered price of the delayed goods or unperformed

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

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

consider termination of the contract pursuant to GCC Clause 23.

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

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

terminate this contract in whole or in part:

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

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

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

the contract; or

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

engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

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

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

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

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

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

continue performance of the contract to the extent not terminated.

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

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

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

period not exceeding 10 years.

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

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

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

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

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

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

supplier.

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

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

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

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

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

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

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

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

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

following information:

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

purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

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

of suppliers or persons prohibited from doing business with the public

sector.

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

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

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

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

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

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

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

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

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

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

website.

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

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

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

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

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

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

countervailing right is abolished, or where the amount of such

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

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

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

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

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

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

may be due to him

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

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

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

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

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

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

Unless otherwise directed by the purchaser in writing, the supplier

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

reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

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

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

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

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

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

thereafter to the purchaser.

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

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

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

dispute or difference by mutual consultation.

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

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

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

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

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

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

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

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

under the contract unless they otherwise agree; and

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

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

liability

the case of infringement pursuant to Clause 6;

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

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

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

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

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

purchaser; and

with a minimum 5-year

warranty, as per

8 manufacturers guarantee Item 1

6.1. Price quotations submitted must be inclusive of all costs and applicable taxes

(VAT) and be valid for a period of at least 30 days.

6.2. No late price quotations will be accepted under any circumstances.

6.3. Failure to submit a valid Sworn Affidavit (EME) or an original/certified valid B-

BBEE Status Level Verification Certificate (other than EME or QSE), CIPC, Copy

of Utility Bill/Lease Agreement/Title Deed/ Letter from the Municipality will result

in no preference points being awarded for Specific Goals.

6.4. Suppliers/service providers must submit Companies & Intellectual Property

Commission (CIPC) company registration documents listing all Directors or

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

SCM standard bidding document (sbd 6.1) - Specific goals

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the specific goals as

advised in the tender, qualifies the company/ firm for the preference(s) shown

and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General

Conditions as indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as

shown in paragraphs 1.4 and 4.2, the contractor may be required to furnish

documentary proof to the satisfaction of the organ of state that the claims

are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis

or any of the conditions of contract have not been fulfilled, the organ of

state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered

as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has

suffered as a result of having to make less favourable

arrangements due to such cancellation;

(d) recommend that the tenderer or contractor, its shareholders

and directors, or only the shareholders and directors who

acted on a fraudulent basis, be restricted from obtaining

business from any organ of state for a period not exceeding

10 years, after the audi alteram partem (hear the other side)

rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed

necessary.

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

Signature(s) of tenderer(s)

Surname and name: ................................................................

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

Address: ...............................................................

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

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

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

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

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

obtained directly from the Government Printer, Private Bag X85,

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

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

bidding documents and specifications.

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

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

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

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

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

inspection.

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent,

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause

5.1 shall remain the property of the purchaser and shall be returned (all

copies) to the purchaser on completion of the supplier’s performance

under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records

relating to the performance of the supplier and to have them audited by

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

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

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

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

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

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

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

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

failure to complete his obligations under the contract.

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

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

and shall be in one of the following forms:

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

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

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

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

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

contract, including any warranty obligations, unless otherwise

specified in SCC.

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

tests and

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

rendered should at any stage during production or execution or on

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

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

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

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

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

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

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

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

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

purchaser.

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

comply with the contract requirements, irrespective of whether such

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

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

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

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

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

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

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

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

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

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

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

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

supplier.

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

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

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

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

prevent their damage or deterioration during transit to their final

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

sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation

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

take into consideration, where appropriate, the remoteness of the

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

all points in transit.

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

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

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

instructions ordered by the purchaser.

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

and documents the terms specified in the contract. The details of shipping and/or other

documents to be furnished by the supplier are specified in SCC.

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

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

convertible currency against loss or damage incidental to manufacture

or acquisition, transportation, storage and delivery in the manner

specified in the SCC.

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

this shall be specified in the SCC.

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

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

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

commissioning of the supplied goods;

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

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

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

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

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

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

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

maintenance, and/or repair of the supplied goods.

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

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

parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

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

of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

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

supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and

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

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

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

purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

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

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

incorporate all recent improvements in design and materials unless

provided otherwise in the contract. The supplier further warrants that

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

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

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

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

supplied goods in the conditions prevailing in the country of final

destination.

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

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

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

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

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

unless specified otherwise in SCC.

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

claims arising under this warranty.

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

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

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

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

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

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

expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

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

under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

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

stipulated in the contract.

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

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

supplier.

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

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

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

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

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

extension, as the case may be.

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

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

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

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

consent.

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

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

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

from any liability or obligation under the contract.

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

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

performance purchaser in the contract.

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

subcontractor(s) should encounter conditions impeding timely delivery

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

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

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

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

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

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

be ratified by the parties by amendment of contract.

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

supplies or services from a national department, provincial department,

or a local authority.

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

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

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

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

available.

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

the performance of its delivery obligations shall render the supplier

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

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

21.2 without the application of penalties.

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

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

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

substitution of the goods not supplied in conformity with the contract

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

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

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

entitled to claim damages from the supplier.

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

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

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

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

calculated on the delivered price of the delayed goods or unperformed

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

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

consider termination of the contract pursuant to GCC Clause 23.

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

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

terminate this contract in whole or in part:

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

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

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

the contract; or

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

engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

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

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

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

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

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

continue performance of the contract to the extent not terminated.

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

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

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

period not exceeding 10 years.

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

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

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

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

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

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

supplier.

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

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

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

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

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

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

reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

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

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

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

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

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

thereafter to the purchaser.

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

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

dispute or difference by mutual consultation.

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

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

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

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

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

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

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

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

under the contract unless they otherwise agree; and

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

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

liability

the case of infringement pursuant to Clause 6;

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

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

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

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

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

purchaser; and