Supply and delivery of soda ash dense — 36-Month contract

{"name":null,"email":null,"phone":null,"department":"ed Nations Global","address":"r transmitted electronically."}

party related to the contract in exchange for an advantage in the bidding process, bid evaluation,

could afford an undue advantage to a particular bidder during the tendering stage, and will further

unfair means and illegal activities during any stage of its bid or during any ensuing contract stage in

the contract in exchange for any advantage in the bidding, evaluation, contracting and

any competitor regarding the quality, quantity, specifications and conditions or delivery particulars

conformity to the defined specifications of the works, goods and services; and

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

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

abilities or experience; and

No specific requirements found

B-BBEE Details: do so in terms of any condition forming part of the bid documents;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) has acted in a fraudulent or improper manner or in bad faith towards Foskor or any

Government Department or towards any public body, Enterprise or person;

f) has made any incorrect statement in a certificate or other communication with regard to the

Local Content of his Goods or his B-BBEE status and is unable to prove to the satisfaction of

Foskor that:

(i) he made the statement in good faith honestly believing it to be correct; and

(ii) before making such statement he took all reasonable steps to satisfy himself of its

correctness;

g) caused Foskor damage, or to incur costs in order to meet the contractor’s requirements and

which could not be recovered from the contractor;

h) has litigated against Foskor in bad faith.

6.7 Grounds for blacklisting include a company/person recorded as being a company or person

prohibited from doing business with the public sector on National Treasury’s Register of Tender

Defaulters.

Private & Confidential

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6.8 Companies associated with the person/s guilty of misconduct (i.e. entities owned, controlled or

managed by such persons), any companies subsequently formed by the person(s) guilty of the

misconduct and/or an existing company where such person(s) acquires a controlling stake may be

considered for blacklisting. The decision to extend the blacklist to associated companies will be at

the sole discretion of Foskor.

7 previous transgressions

7.1 The Bidder / Supplier hereby declares that no pre

3.8 The Bidder / Supplier shall furnish Foskor with a copy of its code of conduct, which code of conduct

shall reject the use of bribes and other dishonest and unethical conduct, as well as compliance

programme for the implementation of the code of conduct.

3.9 The Bidder / Supplier will not instigate third persons to commit offences outlined above or be an

accessory to such offences.

3.10 The Bidder/Supplier confirms that they will uphold the ten principles of the United Nations Global

Compact (UNGC) in the fields of Human Rights, Labour, Anti-Corruption and the Environment when

undertaking business with Foskor as follows:

a) Human Rights

• Principle 1: Businesses should support and respect the protection of internationally

proclaimed human rights; and

• Principle 2: make sure that they are not complicit in human rights abuses.

b) Labour

• Principle 3: Businesses should uphold the freedom of association and the effective

recognition of the right to collective bargaining;

• Principle 4: the elimination of all forms of forced and compulsory labour;

• Principle 5: the effective abolition of child labour; and

• Principle 6: the elimination of discrimination in respect of employment and occupation.

c) Environment

• Principle 7: Businesses should support a precautionary approach to environmental

challenges;

• Principle 8: undertake initiatives to promote greater environmental responsibility; and

• Principle 9: encourage the development and diffusion of environmentally friendly

technologies.

d) Anti-Corruption

• Principle 10: Businesses should work against corruption in all its forms, including extortion

and bribery.

10.1 Foskor recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

When a dispute arises between Foskor and its Bidder / Supplier, the parties should use their best

endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation in bad faith

negates the principles of trust and good faith on which commercial relationships are based.

Accordingly, following a blacklisting process as mentioned in paragraph 6 above, Foskor will not do

business with a company that litigates against it in bad faith or is involved in any action that reflects

bad faith on its part. Litigation in bad faith includes, but is not limited to the following instances:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Foskor employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11 general

11.1 This Integrity Pact is governed by and interpreted in accordance with the laws of the Republic of

South Africa.

11.2 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the law relating to any civil or criminal proceedings.

11.3 The validity of this Integrity Pact shall cover all the bidding processes and will be valid for an

indefinite period unless cancelled by either Party.

11.4 Should one or several provisions of this Integrity Pact turn out to be invalid the remainder of this

Integrity Pact remains valid.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Foskor employees, Foskor expects its Bidders / Suppliers to report this behaviour directly to

a senior Foskor official / employee or alternatively by using Foskor’s “Tip-Off Anonymous” hotline

number 0800 003 056, whereby your confidentiality is guaranteed.

The Parties hereby declare that each of them has read and understood the clauses of this Integrity Pact

and shall abide by it. To the best of the Parties’ knowledge and belief, the information provided in this

Integrity Pact is true and correct.

oooOOOooo

Private & Confidential

into question, Foskor may reject the Bidder’s / Supplier’s application from the registration or bidding

process and remove the Bidder / Supplier from its database, if already registered.

5.2 If the Bidder / Supplier has committed a transgression through a violation of paragraph 3, or any

material violation, such as to put its reliability or credibility into question. Foskor may after following

due procedures and at its own discretion also exclude the Bidder / Supplier from future bidding

processes. The imposition and duration of the exclusion will be determined by the severity of the

transgression. The severity will be determined by the circumstances of the case, which will include

amongst others the number of transgressions, the position of the transgressors within the company

hierarchy of the Bidder / Supplier and the amount of the damage. The exclusion will be imposed

for up to a maximum of 10 (ten) years. However, Foskor reserves the right to impose a longer

period of exclusion, depending on the gravity of the misconduct.

5.3 If the Bidder / Supplier can prove that it has restored the damage caused by it and has installed a

suitable corruption prevention system, or taken other remedial measures as the circumstances of

the case may require, Foskor may at its own discretion revoke the exclusion or suspend the imposed

penalty.

summary of this blacklisting procedure.

6.2 Blacklisting is a mechanism used to exclude a company/person from future business with Foskor and

other organs of state for a specified period. On completion of the blacklisting process, the blacklisted

entity’s details will be placed on National Treasury’s Database of Restricted Suppliers for the specified

period of exclusion.

6.3 The decision to blacklist is based on one of the grounds for blacklisting. The standard of proof to

commence the blacklisting process is whether a “primafacie” (i.e. on the face of it) case has been

established.

6.4 Depending on the seriousness of the misconduct and the strategic importance of the Goods/Services,

in addition to blacklisting a company/person from future business, Foskor may decide to terminate

some or all existing contracts with the company/person as well.

6.5 A supplier or contractor to Foskor may not subcontract any portion of the contract to a blacklisted

company.

6.6 Grounds for blacklisting include: If any person/Enterprise which has submitted a Bid, concluded a

contract, or, in the capacity of agent or subcontractor, has been associated with such Bid or contract:

a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt

of Bids;

b) has, after being notified of the acceptance of his Bid, failed or refused to sign a contract when

called upon to do so in terms of any condition forming part of the bid documents;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) has acted in a fraudulent or improper manner or in bad faith towards Foskor or any

Government Department or towards any public body, Enterprise or person;

f) has made any incorrect statement in a certificate or other communication with regard to the

7.1 The Bidder / Supplier hereby declares that no previous transgressions resulting in a serious breach

of any law, including but not limited to, corruption, fraud, theft, extortion and contraventions of the

Competition Act , which occurred in the last 5 (five) years with any other public sector

undertaking, government department or private sector company that could justify its exclusion from

its registration on the Bidder’s / Supplier’s database or any bidding process.

7.2 If it is found to be that the Bidder / Supplier made an incorrect statement on this subject, the Bidder

/ Supplier can be rejected from the registration process or removed from the Bidder / Supplier

database, if already registered, for such reason (refer to the Breach of Law Form contained in the

applicable RFX document.)

8.1 Foskor shall also take all or any one of the following actions, wherever required to:

a) Immediately exclude the Bidder / Supplier from the bidding process or call off the pre-contract

negotiations without giving any compensation the Bidder / Supplier. However, the proceedings with

the other Bidders / Suppliers may continue;

b) Immediately cancel the contract, if already awarded or signed, without giving any compensation to

the Bidder / Supplier;

c) Recover all sums already paid by Foskor;

d) Encash the advance bank guarantee and performance bond or warranty bond, if furnished by the

Bidder / Supplier, in order to recover the payments, already made by Foskor, along with interest;

e) Cancel all or any other contracts with the Bidder / Supplier; and

f) Exclude the Bidder / Supplier from entering into any bid with Foskor in future.

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a) must disclose the interest and its general nature, in the Request for Proposal (“RFX”) declaration

form; or

b) must notify Foskor immediately in writing once the circumstances has arisen.

9.4 The Bidder / Supplier shall not lend to or borrow any money from or enter into any monetary dealings

or transactions, directly or indirectly, with any committee member or any person involved in the

sourcing process, where this is done, Foskor shall be entitled forthwith to rescind the contract and

all other contracts with the Bidder / Supplier.

10 dispute resolution

10.1 Foskor recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation in bad faith

negates the principles of trust and good faith on which commercial relationships are based.

Accordingly, following a blacklisting process as mentioned in paragraph 6 above, Foskor will not do

business with a company that litigates against it in bad faith or is involved in any action that reflects

bad faith on its part. Litigation in bad faith includes, but is not limited to the following instances:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Foskor employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Foskor employees, Foskor expects its Bidders / Suppliers to report this behaviour directly to

a senior Foskor official / employee or alternatively by using Foskor’s “Tip-Off Anonymous” hotline

number 0800 003 056, whereby your confidentiality is guaranteed.

Bid response documents may be deposited in the bid box situated at (street address)

Respondents are to submt their bid responses in the tender box at the reception of the following physical

Address and/or e-mail adress

Physical Address: Foskor (Pty) Ltd 21 John Ross Highway, Richards Bay, 3900 AND/OR Email Address: [email protected]

The size of the email should not exceed 5 MB and it should be in a PDF format.

Bidding procedure enquiries may be directed to technical enquiries may be directed to:

CONTACT PERSON Londi Seroto CONTACT PERSON Londi Seroto

Telephone number 0359023021 telephone number 0359023021

Facsimile number n/a facsimile number n/a

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

Supplier information

Name of bidder

Postal address

Street address

Telephone

Number code number

Cell phone

Number

Facsimile number code number

E-mail address

VAT registration

Number

Supplier tax central

Compliance compliance supplier

Or

Status system pin: database

No: MAAA

Are you the

Accredited

ARE YOU A FOREIGN BASEDREPRESENTATIVE IN ☐Yes ☐No SUPPLIER FOR THE GOODSSOUTH AFRICA FOR ☐Yes ☐No

/Services offered?

The goods [if yes, answer the

/Services [if yes enclose proof] questionnaire below]

Offered?

Questionnaire to bidding foreign suppliers

Is the entity a resident of the republic of south africa (RSA)? ☐ yes ☐ NO

Does the entity have a branch in the RSA? ☐ yes ☐ NO

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

Does the entity have a permanent establishment in the RSA? ☐ yes ☐ NO

Does the entity have any source of income in the RSA? ☐ yes ☐ NO

Is the entity liable in the RSA for any form of taxation? ☐ Yes ☐ NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax compliance status

System pin code from the south african revenue service (SARS) and if not register as per 2.3 Below.

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted

For consideration.

1.2. All bids must be submitted on the official forms provided (not to be re-typed) or in the manner

Prescribed in the bid document.

1.3. This bid is subject to the preferential procurement policy framework act, 2000 and the preferential

Procurement regulations, the general conditions of contract (gcc) and, if applicable, any other

Special conditions of contract.

1.4. The successful bidder will be required to fill in and sign a written contract form (sbd7).

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS to

Enable the organ of state to verify the taxpayer’s profile and tax status.

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

Www.SARS.GOV.ZA.

2.4 Bidders may also submit a printed tcs certificate together with the bid.

2.5 In bids where consortia / joint ventures / sub-contractors are involved; each party must submit a

Separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier database (csd), a

Csd number must be provided.

2.7 NO bids will be considered from persons in the service of the state, companies with directors who

Are persons in the service of the state, or close corporations with members persons in the service

Of the state.”

Nb: failure to provide / or comply with any of the above particulars may render the bid

Invalid.

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

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

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

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

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

Section 2 : notice to bidders

1. Invitation to bid

Responses to this RFP [hereinafter referred to as a Bid or a Proposal] are requested from persons, companies, close

corporations or enterprises [hereinafter referred to as an entity, Respondent or Bidder].

Description for the supply and delivery of sodaash dense for a period of thirty-

Six (36) months

TENDER ADVERT Foskor tenders are advertised on the National Treasury e-tender Portal, CIDB i-tender Portal

and the Foskor website.

COMMUNICATION Foskor will publish the outcome of this RFP on the National Treasury e-tender portal, CIDB i-

tender portal and the Foskor website within 10 days after the award has been finalised. All

unsuccessful bidders have a right to request for reasons for their bid not being successful.

This request must be directed to the contact person stated in the SBD 1 form.

Any addenda to the RFP or clarifications will be published on the National Treasury e-tender

portal, CIDB i-tender portal (where applicable) and the Foskor website. Bidders are required

to check the National Treasury e-tender portal, CIDB i-tender portal (where applicable) and

the Foskor website prior to finalising their bid submissions for any changes or clarifications to

the RFP.

Foskor will not be held liable if Bidders do not receive the latest information regarding this RFP

with the possible consequence of either being disadvantaged or disqualified as a result

thereof.

BRIEFING SESSION Yes, Non-compulsory 10 September 2026)

Bidders are required to confirm their attendance and to send their contact details including the

number of representatives (max. 2), where applicable to the following address

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/374183803896661?p=5boV3dZIhmHZj5sT9D

Meeting ID: 374 183 803 896 661

Passcode: QG9Bq3zW

Refer to paragraph 2 for details.

CLOSING DATE 12:00 pm on 29 September 2026

Bidders must ensure that bids are submitted timeously. If a bid is late, it will not be accepted

for consideration.

VALIDITY PERIOD 180 Business Days from Closing Date

Bidders are to note that they may be requested to extend the validity period of their bid, at the

same terms and conditions, if the internal evaluation process has not been finalised within the

validity period. However, once the adjudication body has approved the process and award of

the business to the successful bidder(s), the validity of the successful bidder(s)’ bid will be

deemed to remain valid until a final contract has been concluded.

Should a bidder fail to respond to a request for extension of the validity period before it expires,

that bidder will be excluded from the tender process.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

With regard to the validity period of next highest ranked bidders, please refer to Section 2,

paragraph 10.12

Any additional information or clarification will be published on the National Treasury e-tender portal, CIDB i-tender portal

(where applicable) and the Foskor website, if necessary.

2. Formal briefing

A non-compulsory RFP briefing will be conducted at Microsoft Teams on the 10 September 2026 at 11H00AM for a period

of ± 1.5 hours. The briefing session will start punctually, and information will not be repeated for the benefit of Respondents

arriving late.

• Despite the briefing session being non-compulsory, Foskor nevertheless encourages all Respondents to attend. Foskor will not be

held responsible if any Respondent who did not attend the non-compulsory session subsequently feels disadvantaged as a result

thereof.

• Respondents are encouraged to bring a copy of the RFP to the RFP briefing.

3. RFP instructions

• Please sign documents [sign, stamp and date the bottom of each page] before submitting them. The person or persons

signing the submission must be legally authorised by the respondent to do so.

• All returnable documents tabled in the Proposal Form [Section 5] must be returned with proposals.

• Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall be deemed to be offered. Any

exceptions to this statement must be clearly and specifically indicated.

• Any additional conditions must be embodied in an accompanying letter. Subject only to clause 15 [Alterations made by the

Respondent to Bid Prices] of the General Bid Conditions, paragraph 12 below (Legal Review) and Section 6 of the RFP,

alterations, additions or deletions must not be made by the Respondent to the actual RFP documents.

4. Joint ventures or consortiums

• Respondents who wish to respond to this RFP as a Joint Venture [JV] or consortium with B-BBEE entities, must state their

intention to do so in their RFP submission. Such Respondents must also submit a signed JV or consortium agreement

between the parties clearly stating the percentage [%] split of business and the associated responsibilities of each party.

If at the time of the bid submission such a JV or consortium agreement has not been concluded, the partners must submit

confirmation in writing of their intention to enter into a JV or consortium agreement should they be awarded business by

Foskor through this RFP process. This written confirmation must clearly indicate the percentage [%] split of business and

the responsibilities of each party. In such cases, award of business will only take place once a signed copy of a JV or

consortium agreement is submitted to Foskor.

• Respondents are to note that for the purpose of Evaluation, a JV will be evaluated based on one consolidated B-BBEE

scorecard (a consolidated B-BBEE Status Level verification certificate) Preference points will be awarded to a bidder for

attaining the requirements in accordance with the table indicated in Table 4.1 of the B-BBEE Preference Points Claim

Forms.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

5. Communication

• For specific queries relating to this RFP, an RFP Clarification Request Form should be submitted onto the system and to

Londi Seroto before 12:00 pm on 21 September 2026, substantially in the form set out in Section 8 hereto. In the interest

of fairness and transparency, Foskor’s response to such a query will be published on the National Treasury e-tender portal,

CIDB i-tender portal (where applicable) and the Foskor website.

• After the closing date of the RFP, a Respondent may only communicate with the buyer, Londi Seroto, at telephone number

0359023021, email [email protected] on any matter relating to its RFP Proposal.

• Respondents are to note that changes to its submission will not be considered after the closing date.
• It is prohibited for Respondents to attempt, either directly or indirectly, to canvas any officer or employee of Foskor in

respect of this RFP between the closing date and the date of the award of the business.

• Respondents found to be in collusion with one another will be automatically disqualified and restricted from doing business

with organs of state for a specified period.

• Foskor will publish the outcome of this RFP in the National Treasury e-tender portal, CIDB i-tender portal (where applicable)

and the Foskor website within 10 days after the award has been finalised. Respondents are required to check the Foskor

website for the results of the tender process. All unsuccessful bidders have a right to request Foskor to furnish individual

reasons for their bid not being successful. This requested must be directed to the contact person stated in the SBD 1 form.

6. Confidentiality

All information related to this RFP is to be treated with strict confidence. In this regard Respondents are required to certify that

they have acquainted themselves with the Non-Disclosure Agreement. All information related to a subsequent contract, both

during and after completion thereof, will be treated with strict confidence. Should the need however arise to divulge any

information related to this RFP or the subsequent contract, written approval must be obtained from Foskor.

Foskor is a vertically integrated operation that consist of a Mining and Acid division. From phosphate-bearing ores, the

operations in the Mining Division process phosphate rock concentrate, which is crucial for stimulating and raising crop yields.

The Acid Division Plant manufactures sulphuric acid, phosphoric acid and phosphate-based granular fertilisers by using

phosphate rock as a raw material.

The mine beneficiates igneous based phosphate rock ore which is used in the Phosphoric Acid as a raw material together

with the Sulphuric Acid to produce Merchant Grade Phosphoric Acid (54 % as P2O5)

There are two types of rock used in phosphoric acid manufacturing. One is sedimentary and the other one igneous rock.

Currently the plant is using only the igneous rock which is characterised by low reactivity. To assist the reaction the process

requires Crystal Habit Modifiers (CHM) to be added in the reactor. The purpose of the CHM is to improve the crystal size and

shape for better filtration and enhance the recovery of weak acid from the filters. It must be noted that Foskor does,

occasionally, use sedimentary rock. This is, however, the exception.

In the reaction section the CHM is dosed utilizing the ratio control philosophy in relation to the sulphuric acid flow. The

filterability of the P2O5/gypsum slurry is a function of temperature, SO3 content, mother liquor density as well as the percentage

solids. These are controlled at the reaction stage. In addition to this the filterability is also affected by the size, size distribution

and morphology of the gypsum crystals as well as the rheology of the slurry. The optimum crystal is based on the length to

width ratio close to 1:1 and if the ratio is different filtration efficiency is affected. Under/Overdosing, change in quality of CHM

results in needle-like shaped crystals which tend to block the pores in the filter cloth. Control of the crystal shape is generally

achieved by means of the addition of CHM which chemically interacts with the crystals driving them towards a more favourable

shape. Therefore, it is imperative that the performance of the CHM is maintained to the highest standard. It is important that

the correct and consistent quality of CHM is used to effectively filter the gypsum crystals and give the desired efficiency of

phosphoric acid recovery.

2. Executive overview

3. Scope of requirements

Refer to Annexure A for the scope of work requirements

4. Green economy / carbon footprint

Foskor wishes to have an understanding of your company’s position with regard to environmental commitments, including key

environmental characteristics such as waste disposal, recycling and energy conservation. Please submit details of your

entity’s policies in this regard.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

5. General supplier/service provider obligations

4.1 The Supplier (s) shall be fully responsible to Foskor for the acts and omissions of persons directly or indirectly

employed by them.

4.2 The Supplier (s) must comply with the requirements stated in this RFP.

6. Evaluation methodology

Foskor will utilise the following methodology and criteria in selecting a preferred Supplier:

Stage 1:

Stage 2 stage 3 test for responsiveness

Step 3 Step 1 Step 2 Step 4 Step 5 Step 6 Step 7

Administrative Substantive MINIMUM

Weighted scoring responsiveness responsiveness THRESHOLDS

/ 100***

Returnable Pre-

Functionality/ technical Price Post tender documents/ qualification

70 points (80) negotiation Selection of the schedules

Minimum Threshold with preferred preferred bidder. Award of

bidder [2nd business

and 3rd ranked (Objective criterion and BBBEE

bidders (if to justify award to conclusion Scorecard

required) in a someone other of contract (20)

sequential and than the highest

not ranked bidder must

simultaneous have been stated

manner] if in the bid

Technical Pre-qualification WEIGHTED pricing is not documents and

Criteria/minimum SCORE market-related can be used at this

requirements/legal requirements stage, if applicable)

N/a

Technical / Functional

criteria & weightings

must be stipulated in the

tender document

NB: Evaluation of the various stages will normally take place in a sequential manner. However, in order to expedite the process, Foskor

reserves the right to conduct the different steps of the evaluation process in parallel. In such instances the evaluation of bidders at any

given stage must not be interpreted to mean that bidders have necessarily passed any previous stage(s).

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

5.1 STEP ONE: Test for Administrative Responsiveness

The test for administrative responsiveness will include the following:

Administrative responsiveness check RFP Reference

● Whether the Bid has been lodged on time Section 2 paragraph 3

● Whether all Returnable Documents and/or schedules [where applicable] Section 5

were completed and returned by the closing date and time

● Verify the validity of all returnable documents Section 5

● Verify if the Bid document has been duly signed by the authorised All sections

respondent

The test for administrative responsiveness [Step One] must be passed for a Respondent’s Proposal to

progress to Step Two for further pre-qualification

5.2 STEP TWO: Test for Substantive Responsiveness to RFP

The test for substantive responsiveness to this RFP will include the following:

Check for substantive responsiveness RFP Reference

● Whether any general and legislation qualification criteria set by Foskor, have been All sections including: Section 2

met paragraphs, 2.2, 6.

● Whether the Bid contains a priced offer as prescribed in the pricing and delivery Section 4

Closing date: 29 September 2026

Closing time: 12H00 (noon)

Non-compulsory briefing session: 10 September 2026 at 11H00 via Microsoft Teams (Meeting ID: 374 183 803 896 661, Passcode: QG9Bq3zW). Attendance encouraged but not mandatory; bidders must confirm attendance and number of representatives (max 2) beforehand.

Clarification deadline: 21 September 2026 at 12H00 – RFP Clarification Request Form (Section 8) to be submitted to Londi Seroto.

Bid validity period: 180 business days from closing date (may be extended on request; failure to respond to extension request leads to exclusion).

SCM and technical contact: Londi Seroto

Telephone: 035 902 3021

Email: [email protected]

Submission address (physical): Foskor (Pty) Ltd, 21 John Ross Highway, Richards Bay, 3900

Submission email: [email protected] (PDF, ≤5 MB)

All post-closing communications must be directed to Londi Seroto.

Submission method: hard copy deposited in the tender box at Foskor (Pty) Ltd, 21 John Ross Highway, Richards Bay, 3900, and/or electronic submission via email to [email protected] (PDF, ≤5 MB). Both hard and soft copies must be submitted; a USB flash drive containing an exact duplicate of the hard copy is mandatory. Late bids will not be accepted.

All returnable documents listed in Section 5 must be completed, signed, stamped and dated on every page by an authorised signatory (proof of authority required).

Mandatory returnable documents (failure to submit = disqualification): Section 4 Pricing and Delivery Schedule.

Returnable documents used for scoring (missing = zero score for that criterion): valid B-BBEE proof, Certificate of Analysis (COA), proof of experience (purchase orders/delivery notes/reference letters), letter confirming lead times, SHE Plan, Safety Data Sheet (SDS).

Essential returnable documents (Foskor may allow a further submission window; failure thereafter may disqualify): JV/consortium agreement or written intention, latest financial statements (signed by accounting officer or audited) plus two previous years, SBD 1 Form, Section 5 Proposal Form, Section 6 Certificate of Acquaintance, Section 7 RFP Declaration and Breach of Law Form, Section 9 B-BBEE Preference Points Claim Form, Protection of Personal Information section, CSD registration report.

All returnable documents must remain valid for the contract duration; the successful bidder must renew them as they expire.

Evaluation follows a seven-step process:

Step 1 – Administrative Responsiveness: bid lodged on time; all returnable documents completed and returned by closing date/time; validity of returnable documents verified; bid document duly signed by authorised respondent.

Step 2 – Substantive Responsiveness: general/legislative qualification criteria met; priced offer submitted per pricing schedule; bid materially complies with scope/specification; proof of CSD registration; entity’s financial stability assessed.

Step 3 – Technical/Functional Threshold (Annexure B): minimum qualifying score 70% (rounded to two decimal places). Criteria and weights: Product quality compliance (45%) – Certificate of Analysis; Experience in similar contracts (15%) – ≥36,000 kg soda ash or similar = 20%, >18,000–36,000 kg = 15%, 18,000 kg = 10%, none = 0%; Lead time (10%) – delivery within 48 hours = 10%, 72 hours = 7%, 120 hours = 5%; SHE Plan (5%) – developed per scope = 5%, none = 0%; Safety Data Sheet (20%) – detailed safe handling, storage and emergency procedures.

Step 4 – Final Weighted Scoring: Price/TCO 80 points (formula: PS = 80(1 − (Pt−Pmin)/Pmin) or PS = 90(1 − (Pt−Pmin)/Pmin)); B-BBEE scorecard 20 points (preference points per B-BBEE status level table in Section 9). Total = 100 points.

Step 5 – Post-Tender Negotiations: Foskor may negotiate with highest-ranked bidder for market-related price; if unsuccessful, may proceed to 2nd and 3rd ranked bidders sequentially or cancel RFP.

Step 6 – Objective Criteria (if applied): skills transfer/capacity building, impact on Foskor’s ROI, supplier rotation, and standard due-diligence checks (restrictions, solvency, legal capacity, conflicts of interest).

Step 7 – Award and contract conclusion.

Supply and delivery of soda ash dense for 36 months.

Estimated quantity: 18,000 kg per month (quantities are estimates; orders placed on an "as and when required" basis).

Delivery basis: delivered to Foskor Acid Division, Richards Bay (exact delivery point to be confirmed).

Lead time requirement: bidders must state manufacturing and delivery lead time from receipt of purchase order; evaluation rewards delivery within 48 hours (10%), 72 hours (7%), 120 hours (5%).

Product quality: must comply with scope of work/specifications (Annexure A); Certificate of Analysis (COA) required for evaluation.

Experience: bidder must demonstrate supply of soda ash or similar product – ≥36,000 kg (20%), >18,000–36,000 kg (15%), 18,000 kg (10%), none (0%). Proof via purchase orders, signed delivery notes, signed contracts, or reference letters stating quantities, dates, and parties.

SHE Plan: must be developed according to scope of work (5% weight).

Safety Data Sheet (SDS): detailed safe handling, storage and emergency procedures required (20% weight).

Environmental: bidder must submit details of company environmental policies (waste disposal, recycling, energy conservation).

Annual holiday closedown period and continuity-of-supply plan during non-working days/holidays must be stated.

Return policy for surplus goods and reasonable return timeframe to be indicated.

Manufacturer details (local and foreign) and inspection addresses to be provided.

Imported content value, percentage and country of origin to be declared.

Exchange rate for imported content: South African Reserve Bank rate published 7 calendar days before closing date.

Supplier successfully supplying a minimum of 15% Supplier must submit proof of purchase order documents/signed delivery notes for similar 18000kg of soda ash or similar product.

quantities/ signed contracts from both parties/signed

• Above 36000kg of soda ash or similar reference letters from referring companies clearly

product: 20% stating the quantities delivered, date of order placed

• Above 18000kg to 36000kg of soda ash or (Supplier must ensure that the information submitted

similar product: 15% is for the bidding company)

• 18000kg of soda ash or similar product

supplied: 10%

• No relevant experience: 0%

award to another bidder. The objective criteria Foskor may apply in this bid process include:

• Skills Transfer and Capacity Building for Foskor;

• Impact on Foskor’s Return On Investment;

• Rotation of Suppliers to promote opportunities for other suppliers, by overlooking a supplier that has been awarded

business repeatedly overtime in order to benefit other suppliers in the market.

• the tenderer:

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

• is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s

procurement,

• is not undergoing a process of being restricted by Foskor or other state institution that Foskor may be aware of,

• can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and

technical qualifications, professional and technical competence, financial resources, equipment and other physical

facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the

contract,

• has the legal capacity to enter into the contract

• is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies Act, 2008,

bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business

activities, or is subject to legal proceedings in respect of any of the foregoing,

• complies with the legal requirements, if any, stated in the tender data and

• is able, in the option of the employer to perform the contract free of conflicts of interest.

5.8 STEP SEVEN: Award of business and conclusion of contract

▪ Immediately after approval to award the contract has been received, the successful bidder(s) will be informed

of the acceptance of his/their Bid by way of a Letter of Award. Thereafter the final contract will be concluded

with the successful Respondent(s).

▪ A final contract will be concluded and entered into with the successful Bidder at the acceptance of a letter of

award by the Respondent.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

Section 4: pricing and delivery schedule

8. INSPECTION DETAILS [Remove heading and entire paragraph if not applicable]

The Respondents must state the actual name(s) and address/addresses of the suppliers of the Goods for inspection

purposes only:

8.1 Local Manufacturer(s)

● Whether any general and legislation qualification criteria set by Foskor, have been All sections including: Section 2

met paragraphs, 2.2, 6.

● Whether the Bid contains a priced offer as prescribed in the pricing and delivery Section 4

schedule

● Whether the Bid materially complies with the scope and/or specification given All Sections

Section 2, paragraph 13 ● Proof of registration on the National Treasury Central Supplier Database (CSD)

● Whether any Technical Pre-qualification Criteria/minimum requirements/legal Section 3 – Scope of Work

requirements have been met as follows: Annexure B

• N/a

● Entity’s financial stability

The test for substantive responsiveness [Step Two] must be passed for a Respondent’s proposal to progress to

VAT 15% (if applicable)

Total Inclusive of VAT (where applicable)

Respondents are to note that Foskor will round off final pricing scores to the nearest 2 (two) decimal places.

a) Respondents are to note that if the price offered by the highest scoring bidder is not market-related, Foskor may not award

the contract to that Respondent. Foskor may-

(i) negotiate a market-related price with the Respondent scoring the highest points or cancel the RFP;

(ii) if that Respondent does not agree to a market-related price, negotiate a market-related price with the Respondent scoring

the second highest points or cancel the RFP;

(iii) if the Respondent scoring the second highest points does not agree to a market-related price, negotiate a market-related

price with the Respondent scoring the third highest points or cancel the RFP.

a) If a market-related price is not agreed with the Respondent scoring the third highest points, Foskor must cancel the RFP.

b) Prices must be quoted in South African Rand inclusive of VAT.

c) Any disbursement not specifically priced for will not be considered/accepted by Foskor.

d) To facilitate like-for-like comparison bidders must submit pricing strictly in accordance with this pricing schedule and not utilise

a different format. Deviation from this pricing schedule could result in a bid being declared non-responsive.

e) Rates proposed must be aligned with the Guide on Hourly Fee Rates for Consultants” by the Department of Public Service

and Administration (DPSA);

f) Quantities given are estimates only. Any orders resulting from this RFP will be on an “as and when required” basis.

g) Prices are to be quoted on a delivered basis to .

h) Please note that should you have offered a discounted price(s), Foskor will only consider such price discount(s) in the final

evaluation stage if offered on an unconditional basis.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

i) Where a Respondent’s price(s) includes imported goods/items, the rate of exchange to be used must be in South African

Rands for purposes of determining whether the price is market related or not and must be the currency’s rate published by the

The successful Respondent(s) [the Supplier will be obliged to submit to an annual price review. Foskor will be benchmarking

this price offering(s) against the lowest price received as per a benchmarking exercise. If the Supplier’s price(s) is/are found

to be higher than the benchmarked price(s), then the Supplier shall match or better such price(s) within 30 [thirty] calendar

days, failing which the contract may be terminated at Foskor’s discretion or the particular item(s) or service(s) purchased

outside the contract.

3. “As and when required” contracts

3.1 Purchase orders will be placed on the Supplier (s) from time to time as and when Goods/Services are required.

3.2 Foskor reserves the right to place purchase orders until the last day of the contract for deliveries to be effected, within

the delivery period / lead time specified, beyond the expiry date of the contract under the same terms and conditions

as agreed upon.

3.3 Delivery requirements may be stipulated in purchase orders and scheduled deliveries may be called for. However,

delivery periods and maximum monthly rates of delivery offered by the Respondents will be used as guidelines in

establishing lead times and monthly delivery requirements with the Supplier.

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

3.4 Where scheduled deliveries are required, the delivery period(s) specified must be strictly complied with, unless

otherwise requested by Foskor. Material supplied earlier than specified may not be paid for or may be returned by

3.5 If the delivery period offered by the Respondents is subject to a maximum monthly production capacity, full particulars

must be indicated in Section 4 [Pricing and Delivery Schedule]

3.6 The Respondent must state hereunder its annual holiday closedown period [if applicable] and whether this period has

been included in the delivery lead time offered:

3.7 Respondents are required to indicate below the action that the Respondent proposes to take to ensure continuity of

supply during non-working days or holidays.

[Yes/No]

SECTION 4: Pricing and Delivery Schedule

b) Returnable Documents Used for Scoring

In addition to the requirements of section (a) above, Respondents are further required to submit with their Proposals the following Returnable

Documents Used for Scoring and also to confirm submission of these documents by so indicating [Yes or No] in the table below:

due diligence of Foskor’s operations and business requirements and assets used by Foskor. Foskor will therefore not consider or permit

any pre- or post-contract verification or any related adjustment to pricing, service levels or any other provisions/conditions based on any

incorrect assumptions made by the Respondent in arriving at his Bid Price;

Pricing format: complete the pricing schedule (Section 4) – rate per kilogram for 18,000 kg monthly, total price exclusive of VAT, VAT at 15%, total inclusive of VAT. Prices in ZAR inclusive of VAT. Unconditional discounts only considered in evaluation. Deviation from pricing schedule may render bid non-responsive.

Price must be firm and fixed for contract duration, OR firm for 12 months then adjustable per stated index/formula (bidder to indicate choice).

Annual price review: successful supplier must match or better benchmarked lowest price within 30 calendar days or face contract termination/item removal.

"As and when required" contract: purchase orders placed as needed; Foskor may place orders until last day of contract for delivery beyond expiry under same terms.

Scheduled deliveries must be strictly complied with; early delivery may be rejected at supplier’s cost.

Maximum monthly production capacity (if applicable) to be stated in pricing schedule.

Imported content: exchange rate from SARB on advertisement date; remittance details required if overseas payment requested.

Export Credit Agency (ECA) supported finance: successful bidder may be required to assist Foskor in obtaining ECA credit support.

No bid security/bond/guarantee percentage explicitly stated in the extracted text.

CSD registration: mandatory (National Treasury Central Supplier Database); foreign suppliers with no local entity exempt. Registration required before bid submission.

Tax compliance: valid SARS Tax Compliance Status (TCS PIN or printed TCS certificate) or CSD number; each JV/consortium/sub-contractor party must submit separately. Must remain compliant for entire contract term.

B-BBEE: valid B-BBEE status level verification certificate or sworn affidavit; preference points claimed via Section 9 form. JV/consortium evaluated on consolidated B-BBEE scorecard.

No directors/members in service of the state (SBD 1 declaration).

Employment Equity Act compliance (including Section 53).

Legal capacity to contract; not insolvent, in business rescue, under restrictions, or subject to legal proceedings.

Security clearance: successful bidder, personnel and subcontractors may require CONFIDENTIAL/SECRET/TOP SECRET clearance (responsibility of bidder).

Acceptance of Foskor General Bid Conditions (Annexure D), Supplier Integrity Pact (Annexure E), Non-Disclosure Agreement (Annexure F), and Template Goods Final Supply and Delivery Agreement (Annexure C).

Certificate of Acquaintance with RFP documents (Section 6) must be signed – false certification disqualifies.

RFP Declaration and Breach of Law Form (Section 7) – declarations on relationships with Foskor employees/board members, former employees (past 10 years), and compliance with Supplier Integrity Pact.

Protection of Personal Information (POPIA) consent (Sections 13/14).

Job-Creation Schedule (Section 11) and SBD 5 (Section 12) to be completed.

Authority to sign / board resolution authorising signatory must be submitted.

Section 1: sbd 1 form 3

Section 2 : notice to bidders 6

Section 3: background, overview and scope of requirements 11

Section 4: pricing and delivery schedule 18

Section 5: proposal form and list of returnable documents 27

Section 6: certificate of acquaintance with RFP, master agreement & applicable documents 31

Section 7: RFP declaration and breach of law form 33

Section 8: RFP clarification request form 38

Section 9: b-bbee preference points claim form 38

Section 10: certificate of attendance of compulsory/non-compulsory RFP briefing 44

Section 11: job-creation schedule 45

Section 12: sbd 5 47

SECTION 13: PROTECTION OF PERSONAL INFORMATION (For normal contract) 50

SECTION 14: PROTECTION OF PERSONAL INFORMATION (For Operator Contract only, delete this section if not for Operator Contract) 52

12.1 An experienced national account representative(s) is required to work with Foskor’s procurement department. [No

sales representatives are needed for individual departments or locations]. Additionally, there shall be a minimal

number of people, fully informed and accountable for this agreement.

12.2 Foskor will have quarterly reviews with the Supplier ’s account representative on an on-going basis.

12.3 Foskor reserves the right to request that any member of the Supplier ’s team involved on the Foskor account be

replaced if deemed not to be adding value for Foskor.

12.4 The Service provider guarantees that it will achieve a 95% [ninety-five per cent] service level on the following

measures:

a) Random checks on compliance with quality/quantity/specifications

b) On-time delivery

If the Service provider does not achieve this level as an average over each quarter, Foskor will receive a 1.5% [one

and a half per cent] rebate on quarterly sales payable in the next quarter.

12.5 The Supplier must provide a telephone number for customer service calls.

12.6 Failure of the Supplier to comply with stated service level requirements will give Foskor the right to cancel the

contract in whole, without penalty to Foskor, giving 30 [thirty] calendar days’ notice to the Supplier of its intention to

do so.

into a Joint Venture Agreement

Latest Financial Statements signed by your Accounting Officer or latest Audited Financial Statements plus 2 previous

years

Section 1: sbd1 form

SECTION 5: Proposal Form and List of Returnable documents

SECTION 6: Certificate Of Acquaintance with RFP, Terms & Conditions & Applicable Documents

SECTION 7: RFP Declaration and Breach of Law Form

SECTION 9: B-BBEE Preference Points claim form

SECTION: Protection of Personal Information

terms of the eventual Agreement, to terminate such Agreement immediately without any liability and without prejudice to any claims which Foskor

may have for damages against the Respondent.

SIGNED at ___________________________ on this _____ day of __________________________ 20___

1 _____________________ _______________________________________

Name _________________ _______________________________________

2 _____________________ _______________________________________

Name _________________ _______________________________________

Signature of respondent’s authorised representative: ___________________________

Name: ____________________________________________

Designation: _____________________________________

Respondent’s Signature Date and Company Stamp

RFP number: FOSRBY-RFP-11-26/27

Section 7: RFP declaration and breach of law form

Name of entity: __________________________________________________________________

We ___________________________________________________________ do hereby certify that:

1. Foskor has supplied and we have received appropriate responses to any/all questions [as applicable] which were submitted by ourselves

for RFP Clarification purposes;

2. We have received all information we deemed necessary for the completion of this Request for Proposal [RFP];

copy and will be used in the evaluation process.

Section 9: b-bbee preference points claim form 38

Annexure b : technical evaluation criteria

6. Evaluation methodology

Stage 2 stage 3 test for responsiveness

Functionality/ technical Price Post tender documents/ qualification

70 points (80) negotiation Selection of the schedules

bidders (if to justify award to conclusion Scorecard

Criteria/minimum SCORE market-related can be used at this

requirements/legal requirements stage, if applicable)

NB: Evaluation of the various stages will normally take place in a sequential manner. However, in order to expedite the process, Foskor

reserves the right to conduct the different steps of the evaluation process in parallel. In such instances the evaluation of bidders at any

given stage must not be interpreted to mean that bidders have necessarily passed any previous stage(s).

solids. These are controlled at the reaction stage. In addition to this the filterability is also affected by the size, size distribution

width ratio close to 1:1 and if the ratio is different filtration efficiency is affected. Under/Overdosing, change in quality of CHM

the correct and consistent quality of CHM is used to effectively filter the gypsum crystals and give the desired efficiency of

Minimum qualifying score required: 70%

A Respondent’s compliance with the minimum functionality/technical threshold will be measured by their responses to

Respondents are to note that Foskor will round off final technical scores to the nearest 2 (two) decimal places for the purposes

The minimum threshold for technical/functionality [Step Three] must be met or exceeded for a Respondent’s

Proposal to progress to Step Four for final evaluation

5.4 STEP FOUR: Evaluation and Final Weighted Scoring

a) Price and TCO Criteria [Weighted score 90 points]

Evaluation Criteria RFP Reference

Foskor will utilise the following formula in its evaluation of Price

No explicit eligibility criteria (e.g. CSD registration, B-BBEE level, tax clearance, CIDB grading, local content thresholds, or minimum turnover) are stated in the provided document. The NDA applies to any company responding to the RFQ/RFP/RFI and confirms the bidder acts as principal, not agent.

Non-Disclosure Agreement between Foskor (Pty) Ltd [Registration No. 1951/002918/07] and the bidding company.

• Purpose: governs exchange of confidential information during the RFP/RFQ/RFI process and any subsequent contract.
• Confidential Information: all business information disclosed for the bid, excluding publicly available information, information lawfully held before disclosure, or information from a source not bound by confidentiality.
• Obligations: treat information as secret; use only for technical/commercial discussions related to the bid or contract performance; disclose only to agents who need to know and who are bound by equivalent confidentiality duties; notify Foskor promptly if legally compelled to disclose.
• Security: ensure secure storage; maintain written records of information and copies.
• Return/destruction: within 7 days of written demand from Foskor, return all written confidential information and expunge/destroy electronic copies; provide a director-signed certificate of compliance on request.
• Announcements: neither party may announce prospective interest in the bid or use the other's name/information for publicity without prior written consent.
• Duration: obligations survive termination of discussions and continue for 5 years.
• General: each party acts as principal and bears own costs; Foskor may assign to any Foskor Group member; governed by South African law with exclusive jurisdiction of South African courts; compliance with Section 14 of the Bill of Rights (privacy) required; appropriate technical/organisational measures against unauthorised data processing, loss or damage must be in place.

Supply and delivery of Soda Ash Dense for neutralization of main sewer line acidity over a 36-month period. Technical evaluation covers product quality (COA required), experience (minimum 18,000 kg of soda ash or similar), lead time (48/72/120 hours), SHE plan, and Safety Data Sheet. Minimum technical threshold: 70%.

Technical evaluation only (100% of score). Minimum qualifying threshold: 70%.

Criteria and weights:

• Product quality compliance (45%): Supplier must comply with scope of work; Certificate of Analysis (COA) required.
• Experience in similar contract (20%): Minimum 18,000 kg of soda ash or similar product supplied. Scoring: >36,000 kg = 20%; 18,001–36,000 kg = 15%; 18,000 kg = 10%; no experience = 0%. Proof: purchase orders, signed delivery notes, signed contracts, or reference letters stating quantities delivered and order dates.
• Lead time (10%): Delivery within 48 hours = 10%; within 72 hours = 7%; within 120 hours = 5%. Proof: letter confirming lead times.
• SHE plan (5%): Supplier developed SHE plan according to scope = 5%; no plan = 0%. Proof: SHE plan document.
• Safety Data Sheet (SDS) (20%): Detailed safe handling, storage and emergency procedures for the product. Proof: SDS document.

Total: 100%.

Supply and delivery of Soda Ash Dense for neutralization of main sewer line acidity over a 36-month period.

Product quality: Must comply with scope of work; Certificate of Analysis (COA) required for each delivery.

Experience requirement: Bidder must demonstrate successful supply of at least 18,000 kg of soda ash or similar product (purchase orders, delivery notes, contracts, or reference letters with quantities and dates).

Lead time: Delivery within 48 hours (preferred), 72 hours, or 120 hours; bidder must submit a letter confirming achievable lead time.

SHE plan: Bidder must develop and submit a Safety, Health and Environment (SHE) plan aligned to the scope of work.

Safety Data Sheet (SDS): Detailed safe handling, storage and emergency procedures for the product must be submitted.

Bidder must demonstrate successful supply of at least 18,000 kg of soda ash or similar product. Scoring: >36,000 kg = 20%; 18,001–36,000 kg = 15%; 18,000 kg = 10%; no experience = 0%. Acceptable proof: purchase orders, signed delivery notes, signed contracts, or reference letters from both parties clearly stating quantities delivered and order dates. Evidence must relate to the bidding company.

Mandatory submission documents for technical evaluation:

• Certificate of Analysis (COA) for product quality compliance.
• Proof of experience: purchase orders, signed delivery notes, signed contracts, or reference letters clearly stating quantities delivered and order dates (must be for the bidding company).
• Letter confirming lead times.
• SHE plan developed according to scope of work.
• Safety Data Sheet (SDS) with detailed safe handling, storage and emergency procedures.

No explicit CSD registration, tax clearance, B-BBEE level, CIDB grading, CIPC registration, or local content requirements stated in the provided extract.

SHE plan: Bidder must develop and submit a Safety, Health and Environment (SHE) plan aligned to the scope of work (5% of technical score; 0% if not submitted).

Safety Data Sheet (SDS): Detailed safe handling, storage and emergency procedures for Soda Ash Dense must be submitted (20% of technical score).

Supply and delivery of Soda Ash Dense for a period of thirty-six (36) months. Technical evaluation focuses on product quality compliance, relevant supply experience, lead time capability, SHE plan, and Safety Data Sheet provision.

Technical evaluation uses a 100-point functionality scoring with a minimum qualifying threshold of 70%:

• Product quality compliance (45%): Certificate of Analysis (COA) demonstrating compliance with the scope of work.
• Experience in similar contract (20%): Proven supply of soda ash or similar product — above 36 000 kg scores 20%, above 18 000 kg to 36 000 kg scores 15%, 18 000 kg scores 10%, no relevant experience scores 0%. Proof required: purchase orders, signed delivery notes, signed contracts, or reference letters from both parties stating quantities delivered and order dates.
• Lead time (10%): Delivery within 48 hours scores 10%, within 72 hours scores 7%, within 120 hours scores 5%. A letter confirming lead times must be submitted.
• SHE plan (5%): Plan developed according to the scope of work scores 5%; no plan scores 0%.
• Safety Data Sheet (20%): Detailed safe handling, storage and emergency procedures for the product (SDS) must be submitted.

Supply and delivery of Soda Ash Dense for a 36-month period. Bidders must demonstrate product quality compliance via a Certificate of Analysis (COA) aligned with the scope of work. Minimum experience requirement: successful supply of at least 18 000 kg of soda ash or similar product. Lead time capability must be confirmed by letter — delivery within 48 hours is preferred. A Safety, Health and Environment (SHE) plan developed according to the scope of work is required. A detailed Safety Data Sheet (SDS) covering safe handling, storage and emergency procedures must be provided.

Bidders must demonstrate successful supply of a minimum of 18 000 kg of soda ash or similar product. Scoring tiers: above 36 000 kg (20%), above 18 000 kg to 36 000 kg (15%), 18 000 kg (10%), no relevant experience (0%). Proof must be submitted via purchase orders, signed delivery notes, signed contracts, or reference letters from both parties clearly stating quantities delivered and order dates. The experience must be for the bidding company.

Returnable documents required for technical evaluation:

• Certificate of Analysis (COA) for product quality compliance.
• Proof of experience: purchase orders, signed delivery notes, signed contracts, or reference letters from both parties stating quantities delivered and order dates (for the bidding company).
• Letter confirming lead times.
• SHE plan developed according to the scope of work.
• Safety Data Sheet (SDS) with detailed safe handling, storage and emergency procedures.

Standard National Treasury forms (SBD 1, SBD 3.1/3.2/3.3, SBD 4, SBD 6.1, SBD 6.2, SBD 7.1/7.2, SBD 8, SBD 9, Authority to Sign) are typically required but are not detailed in the provided extract.

Bidders must submit a Safety, Health and Environment (SHE) plan developed according to the scope of work (5% of technical score). A detailed Safety Data Sheet (SDS) covering safe handling, storage and emergency procedures for Soda Ash Dense is mandatory (20% of technical score).

Foskor Tip-Off Anonymous hotline: 0800 003 056 (for reporting dishonest, fraudulent or corrupt behaviour by Foskor employees).

Bidders must not have committed serious breaches of law (corruption, fraud, theft, extortion, Competition Act violations) in the past five years with any public or private sector entity. They must not be listed on National Treasury's Database of Restricted Suppliers or Register of Tender Defaulters. CSD registration, valid tax clearance (SARS TCS/tax pin), and B-BBEE status are implied prerequisites for vendor registration. No CIDB grading or professional body registration is specified in this document.

Bidder/Supplier must sign the Integrity Pact as part of vendor registration with Foskor. Must furnish a copy of its code of conduct rejecting bribes and unethical conduct, plus a compliance programme for implementation. Must declare no serious breaches of law (corruption, fraud, theft, extortion, Competition Act contraventions) in the last 5 years with any public or private entity. Must not be listed on National Treasury's Database of Restricted Suppliers or Register of Tender Defaulters. Must disclose any family, business or social relationship with Foskor employees or Board members via the RFX declaration form or immediate written notification. Must not lend to, borrow from, or enter monetary dealings with any committee member or person involved in the sourcing process. Foreign Bidders must disclose South African agents/representatives; South African Bidders must disclose foreign principals involved in registration or bidding. Must uphold the ten principles of the UN Global Compact (Human Rights, Labour, Environment, Anti-Corruption).

Bidder/Supplier must uphold UN Global Compact Environment principles: Principle 7 — support a precautionary approach to environmental challenges; Principle 8 — undertake initiatives to promote greater environmental responsibility; Principle 9 — encourage development and diffusion of environmentally friendly technologies. Must furnish a copy of its code of conduct rejecting bribes and unethical conduct, plus a compliance programme for implementation.

Integrity Pact between Foskor (Pty) Ltd (Reg No: 1951/002918/07) and the Bidder/Supplier/Service Provider/Contractor. Forms part of the Bidder's application for registration as a Foskor vendor and covers all bidding processes indefinitely unless cancelled by either party. Governed by South African law; actions under the Pact are without prejudice to other legal remedies. Invalid provisions do not affect the remainder.

Objectives: Avoid all forms of dishonesty, fraud, corruption, anti-competitive practices, bad faith negotiations and under-pricing. Enable Foskor to obtain contracts at reasonable, competitive prices per specifications. Enable Bidders/Suppliers to abstain from bribery or corrupt practices to secure contracts.

Foskor commitments: No employee connected to sourcing events may demand, accept or promise any bribe, gift, reward, favour or benefit from Bidders. All Bidders/Suppliers treated with equity, transparency and fairness; same information provided to all; no confidential/additional information given to any Bidder. Employees will not favour any prospective bidder. Employees with personal interest in Bidders excluded from bidding process.

Bidder/Supplier obligations: Prevent corrupt practices, unfair means and illegal activities during bidding and contract stages. No offering, promising or giving of any material benefit, payment, bribe, gift, consideration, reward, favour, commission, fees, brokerage or inducement to Foskor employees or third parties for advantage in bidding, evaluation, contracting or implementation. No collusion with other parties to preclude competitive pricing or impair transparency. No illegal/dishonest agreements with other Bidders/Suppliers including cartels. No criminal offences under anti-corruption laws. No misuse of Foskor confidential information. Foreign Bidders must disclose SA agents/representatives; SA Bidders must disclose foreign principals. No misrepresentation, false or forged documents. Must furnish copy of code of conduct rejecting bribes and unethical conduct, plus compliance programme. No instigation of third parties to commit offences. Must uphold UN Global Compact principles: Human Rights (Principles 1-2), Labour (Principles 3-6), Environment (Principles 7-9), Anti-Corruption (Principle 10).

Gift and hospitality policy: Gifts permitted only if retail value ≤ R1,000; cumulative low-value gifts ≤ R1,000 per 12 months; hospitality packages ≤ R5,000 or cumulative low-value ≤ R5,000; max 2 gifts to a Foskor employee per 12 months; Bidder may not accept >1 gift >R750 from Foskor employee per 12 months; no gifts/hospitality during bid evaluation or 12 months after award; no artificially low-priced goods/services not available to public.

Independent bidding declaration: Bidder declares Bid arrived at independently without consultation, communication, agreement or arrangement with any competitor (including prices, market allocation, pricing methods, bid submission decisions, non-compliant bids, or bidding to lose). Joint venture/consortium partner communication excluded. Bid terms not disclosed to competitors before official opening or award. Suspicious bids reported to Competition Commission (s59 Competition Act) and/or NPA; may be restricted from public sector business up to 10 years (Prevention and Combating of Corrupt Activities Act).

Disqualification and exclusion: Violation of obligations may result in rejection from registration/bidding process and removal from database. Material violations may lead to exclusion from future bidding for up to 10 years (longer at Foskor's discretion based on severity, number of transgressions, position of transgressors, damage amount). Exclusion may be revoked if Bidder proves damage restored and corruption prevention system installed.

Blacklisting (Database of Restricted Suppliers): Based on Foskor Supply Chain Policy and Procurement Procedures Manual. Blacklisted entities placed on National Treasury's Database of Restricted Suppliers. Grounds: bad faith bid withdrawal after closing; failure to sign contract after acceptance; unsatisfactory contract performance or breach; bribery; fraudulent/improper conduct; false statements on Local Content or B-BBEE status; causing Foskor unrecoverable damage/costs; bad faith litigation. Associated companies (owned/controlled/managed by guilty persons, subsequently formed, or where guilty persons acquire controlling stake) may be blacklisted at Foskor's discretion. Suppliers may not subcontract to blacklisted companies. Existing contracts may be terminated.

Previous transgressions declaration: Bidder/Supplier declares no serious breaches of law (corruption, fraud, theft, extortion, Competition Act contraventions) in last 5 years with any public/private entity that could justify exclusion. Incorrect statement leads to rejection/removal from database (refer to Breach of Law Form in RFX).

Sanctions for violations: Foskor may (a) exclude Bidder from bidding/pre-contract negotiations without compensation; (b) cancel awarded/signed contract without compensation; (c) recover all sums paid; (d) encash advance bank guarantee, performance bond or warranty bond with interest; (e) cancel all other contracts with Bidder; (f) exclude Bidder from future bids with Foskor.

Conflicts of interest: Includes Foskor employee/director personal financial interest in bidding entity; private interests/relationships affecting judgment or perceived as favouritism/nepotism. Use of position/privileges/information for private gain must be declared. Bid committee members and sourcing process participants must declare conflicts. Bidder/Supplier must disclose any family/business/social relationship with Foskor employees/Board members via RFX declaration form or immediate written notification. No lending/borrowing/monetary dealings with committee members or sourcing process participants — breach entitles Foskor to rescind contract and all other contracts.

Dispute resolution: Parties to use best endeavours to resolve disputes amicably. Litigation in bad faith negates trust and good faith. Foskor will not do business with companies litigating in bad faith. Bad faith litigation includes: vexatious proceedings, perjury, scurrilous allegations against senior employees, abuse of court process for competitive advantage.

Reporting channel: Bidders/Suppliers must report dishonest, fraudulent or corrupt behaviour by Foskor employees to a senior official or via the Tip-Off Anonymous hotline (0800 003 056).

This document contains Foskor's General Bid Conditions applicable to all RFPs and RFQs. It sets out the standard terms governing bid submission, evaluation, contract formation, pricing, delivery, quality, security, foreign bidder requirements, blacklisting, and data protection. The specific scope for the supply and delivery of soda ash dense for 36 months is defined in the separate RFP document (FOSRBY-RFP-11-26/27), not in these general conditions.

Closing date and time: As specified in the bid documents (not stated in this document).

Briefing sessions / site visits: May be requested where necessary to view the site or receive further information. Where indicated as compulsory in the RFX document, attendance is mandatory; failure to attend results in disqualification.

Clarification deadline: Queries must be directed to the contact person listed in the RFX document in the stipulated manner before the closing date.

Pre-closing queries: Direct to the contact person listed in the RFX document.

Post-closing communication: Only with the General Manager Procurement.

Submission address: As indicated in the bid documents (not specified in this document).

Submission method: Bids must be delivered in a sealed envelope marked with the bid number and subject on the front, and the respondent's return address on the reverse. Late bids will not be considered.

Completion: Bid documents must be completed in full, legibly, in non-erasable ink. Original bid forms must be used; reprocessed copies or own formats are not accepted. Additional information may be submitted on company letterhead if space is insufficient, cross-referenced to the RFX.

Returnable documents: All returnable documents listed in the RFX documents must be submitted with the bid. Failure to submit mandatory returnables results in disqualification; failure to submit other schedules may result in disqualification.

Currency: All monetary amounts must be in South African Rand (ZAR) unless specifically permitted otherwise in the RFP.

Price basis: Prices must be firm for the contract duration; prices quoted subject to confirmation will not be considered. Firm prices receive precedence over fluctuating prices.

Alterations: Any alterations to bid prices must be made by deleting incorrect figures/words and inserting correct ones, initialled by the signatory. Uninitialled alterations may lead to exclusion of the item.

Foreign payments: If any portion of the contract value is to be remitted overseas, the respondent must furnish details of the foreign principal/manufacturer and obtain South African Reserve Bank approval. Foskor prefers Rand-based agreements and may require forward exchange cover.

Samples: If samples are required, they must be marked with respondent's name, address, bid number and item number, and delivered by the closing date. Failure to submit samples may result in rejection. Foskor may retain samples; unsuccessful respondents may collect theirs at own risk and cost.

Evaluation will be conducted in terms of the 80/20 or 90/10 preference point system (whichever is applicable). Foskor reserves the right to conduct post-tender negotiations with the preferred bidder or a shortlist, after which bidders will be requested to provide best and final offers. A final evaluation will then be conducted. Foskor does not bind itself to accept the lowest priced or any bid, and may accept a bid in whole or in part. During the evaluation period, respondents may only communicate with the General Manager Procurement. Unauthorised communication between respondents or with Foskor officials about the bid may lead to disqualification.

Goods offered must be new (unused condition), neither second-hand nor reconditioned, unless otherwise stipulated.

Respondents must tender strictly in accordance with drawings and/or specifications supplied by Foskor, even if aware of contemplated alterations. Non-compliance may result in disqualification.

If respondent's drawings are required, they must be submitted before the closing time and date; non-receipt may disqualify the bid.

Foreign specifications (other than British and American standards) require translated copies submitted with the bid. Any departures or variations from foreign specifications in the bid documents must be detailed in a covering letter; non-compliance may result in disqualification.

Estimated planned quantities per annum are furnished in the relevant section of the bid documents; these are estimates and Foskor reserves the right to order only quantities sufficient for operational requirements. Foskor does not bind itself to purchase a definitive quantity and accepts no liability for materials specially ordered or carried by the respondent.

Delivery lead times must include all non-working days, holidays, stocktaking periods, and plant repair/overhaul periods. Emergency demands: supplier gets first right of refusal; if unable to meet critical delivery, Foskor may purchase elsewhere.

Prices must be submitted in the Price Schedule on a DDP basis (Incoterms 2010) at specified delivery points. Local supplies: Delivered RSA named destination basis. Imported supplies: DDP to end destination in South Africa unless otherwise specified in the Bid Price Schedule. Lead times must include all non-working days, holidays, stocktaking, and plant maintenance periods. VAT excluded from prices, shown separately on tax invoice at standard rate. Conditional discounts calculated from receipt of correct month-end statement and tax invoice. Alternative payment/financing proposals may be submitted with full particulars but standard terms must be tendered first. Advance payments require a guarantee. Export licence may be required for imported goods.

Pricing basis: Unless otherwise specified, prices for goods must be on a Delivered Duty Paid (DDP) basis per ICC Incoterms 2010, at the delivery point(s) specified in Foskor's bid documents. Bids on any other delivery basis are liable to disqualification.

Local supplies: Prices for goods manufactured/produced/assembled in South Africa, or imported supplies held in South Africa, quoted on a Delivered RSA named destination basis.

Imported supplies: Prices quoted on a DDP basis to end destination in South Africa, unless otherwise specified in the Bid Price Schedule.

VAT: For local supplies, prices quoted must be exclusive of VAT, shown separately at the standard rate on the tax invoice. For foreign services rendered, the local portion (commission) must show VAT separately.

Payment terms: Based on the Terms and Conditions of Contract. Respondents may submit alternative payment/financing proposals with full particulars; financial merits will be evaluated. However, the respondent must first tender strictly in accordance with the standard payment terms; failure to do so may preclude further consideration.

Conditional discounts: Discount period calculated from date of receipt of correct month-end statement and tax invoice. Incorrect invoices returned; period recalculated from receipt of correct documentation.

Security: Successful respondent, when called upon, must provide security in the form of a Deed of Suretyship from an approved bank, building society, insurance or guarantee corporation operating in South Africa. Amount stipulated in bid documents. Security may be applied to cover losses from breach. Additional costs from default are for the supplier's account.

Advance payments: Where applicable, successful respondent must furnish a guarantee covering advance payments.

Export licence: If goods are imported, award may be subject to an export licence from the country of origin; manufacturer/forwarding agent must apply if required.

Company identification: Full names of directors (company), members (close corporation), or partners/individual (partnership/sole trader) must be stated in the bid.

Foreign respondents: Must provide written proof of authorisation to act on behalf of the principal. South African representatives/agents must furnish a Power of Attorney complying with Rule 63 of the Uniform Rules of Court, signed by the principal under the same title as in the bid documents, authorising choice of domicilium citandi et executandi. If the Power of Attorney covers general matters, a certified copy must be furnished. Foreign respondents must state the name of their authorised representative in South Africa empowered to sign contracts and act on their behalf.

Payment notification: Foreign suppliers/agents must notify Foskor in writing of EFT payment details (bank name and branch) for either the foreign principal's SA account or the SA agent's account.

Blacklisting: Respondents must not be listed on National Treasury's Database of Restricted Suppliers or Register of Tender Defaulters. Grounds for blacklisting include bad faith withdrawal, failure to sign contract, unsatisfactory performance, bribery, fraud, incorrect local content/B-BBEE statements, causing unrecoverable damage, bad faith litigation, serious legal breaches (corruption, fraud, theft, collusive tendering) in preceding 5 years, and association with blacklisted entities. Foskor may terminate existing contracts with blacklisted parties. Suppliers may not subcontract to blacklisted companies.

Personal data protection: Both parties must process personal data only for the bid purpose, destroy it after use, restrict access to authorised personnel, not disclose without agreement, implement technical/organisational security measures, conduct regular risk assessments, and return/destroy data when no longer needed. Respondents must notify Foskor's Information Officer of any data breach, provide details of affected persons and breach extent, give ongoing updates, notify SAPS/State Security Agency/regulator/affected persons where required, and cooperate in investigations.

Mandatory returnable documents: All returnable documents listed in the RFX documents must be submitted; failure to submit mandatory returnables results in disqualification.

Contract documents comprise these General Bid Conditions, the Terms and Conditions of Contract, and any Special Conditions schedule. Together with the respondent's bid response and Foskor's letter of acceptance/intent, they constitute a binding contract until a formal contract is signed. South African law governs; respondent must specify a South African domicilium citandi et executandi and submit to SA courts. Foreign respondents must appoint an authorised SA representative. Security: successful respondent must provide a Deed of Suretyship from an approved SA financial institution for an amount stipulated in bid documents; security may be applied to cover breach losses. Advance payments require a guarantee. Blacklisting provisions apply for misconduct including bad faith withdrawal, failure to sign, unsatisfactory performance, bribery, fraud, incorrect local content/B-BBEE claims, unrecoverable damages, bad faith litigation, serious legal breaches in prior 5 years, and association with blacklisted entities. Subcontracting to blacklisted companies is prohibited. Personal data must be processed only for bid purposes, secured, and destroyed after use; breaches must be reported to Foskor's Information Officer and relevant authorities. Disputes should be resolved amicably; bad faith litigation (vexatious proceedings, perjury, scurrilous allegations, abuse of court process) leads to blacklisting.

Evaluation uses the 80/20 or 90/10 preference point system as applicable. Foskor may conduct post-tender negotiations with preferred bidder(s) and request best and final offers before final evaluation. Foskor does not bind itself to accept the lowest or any bid, and may accept bids in whole or in part. Communication during evaluation is restricted to the General Manager Procurement; unauthorised communication may lead to disqualification.

Standard terms and conditions for the supply of goods between Foskor Proprietary Limited (Reg. 1951/002918/07) and a Supplier. Covers appointment, 36-month duration, Purchase Order-based ordering, delivery, pricing, warranties, indemnities, insurance, dispute resolution, and general contractual provisions. Annexe A: Contract Price; Annexe B: Scope of Goods and Specifications.

Foskor legal notices: Hertford Office Park, Building K, 2nd Floor, 90 Bekker Road, Vorna Valley, Midrand, Gauteng; email [email protected] for attention of Ms Rogani Moodley (Vice President – Legal, Risk and Compliance). Supplier domicilium to be completed in the agreement.

Supplier must be a duly incorporated company with power to own assets and conduct business. Must have necessary resources, facilities, skilled/experienced personnel, and valid permits/licences for supply/delivery. Must comply with all Applicable Laws, Anti-Corruption & Sanctions Laws, and Foskor Policies. Must maintain manufacturing/storage facilities in good condition and compliant with Applicable Laws. No specific B-BBEE level, CIDB grading, CSD registration, or local content thresholds stated in the provided terms.

Supply and delivery of soda ash dense for 36 months. Goods must comply with Specifications in Annexe A, Purchase Orders, Applicable Law, Anti-Corruption & Sanctions Laws, Foskor Policies, and Good Industry Practice. Delivery DDP Incoterms® 2020 to Site stated in Purchase Order; risk passes only after off-loading and stacking at Site. Acceptance subject to inspection and testing on delivery; non-conforming goods may be rejected, replaced at Supplier cost, or accepted at reduced price. Supplier must provide technical and safety documentation for handling, storage, hazards, accident procedures, and safe work procedures. Supplier warrants adequate resources, facilities, skilled personnel, valid permits/licences, and manufacturing/storage facilities compliant with Applicable Laws. Goods must be free of liens, fit for purpose, usable and durable for a reasonable period.

Pricing methodology: Contract Price per Purchase Order based on Annexe B rates, all-inclusive (excl. VAT). Annual CPI escalation on each anniversary of Commencement Date: New Price = current Price × (1 + %CPI), unless Parties agree otherwise in writing. Supplier may recover additional duties imposed by law. Volume aggregation: Foskor may include Affiliate volumes for discount/rebate/preferential pricing; right ceases when Affiliate status ends.

Supplier warrants: duly incorporated South African company with power to own assets and conduct business; necessary corporate authority; valid and binding obligations; compliance with Applicable Laws; all relevant permits/licences/authorisations obtained and maintained; professional conduct per Good Industry Practice; compliance with Foskor Policies including HSE plans; adequate resources, facilities, personnel, skills, expertise, experience; manufacturing/storage facilities maintained in good order and compliant with Applicable Laws; adequate trained/experienced/qualified personnel. Good Industry Practice defined as standards expected from an international skilled/experienced contractor complying with Applicable Law.

Goods must meet Standards: Purchase Order, Specifications, Applicable Law, Anti-Corruption & Sanctions Laws, Foskor Policies, Good Industry Practice. Delivery per DDP Incoterms® 2020 where Agreement/Purchase Order silent. Risk passes only after off-loading and stacking at Site. Acceptance subject to inspection and testing on physical delivery; payment/delivery does not constitute acceptance. Non-conforming goods: Foskor may reject, require replacement at Supplier cost, or accept at reduced price; damages and set-off rights reserved. Supplier must protect goods from loss/damage; liable for losses from inappropriate packaging/description and delays from inadequate packaging/transport. Supplier must provide technical and safety documentation for goods, handling, storage, hazards, accident procedures, and safe work procedures.

Contract Price per Purchase Order calculated per Annexe B rates, inclusive of all costs, customs duties, taxes (excl. VAT), charges, liabilities. Annual CPI escalation on each anniversary of Commencement Date: New Price = current Price × (1 + %CPI), unless otherwise agreed in writing. Supplier may recover additional duties imposed by law. Tax invoices: original, Foskor-approved format, in Rand, within 5 Business Days of delivery. Minimum invoice content: Purchase Order number, Variation Instruction/Confirmation numbers (if any), quantity, Contract Price, adjustments, total VAT, Supplier registered name/address/VAT number, bank details (account holder, bank, branch, account number). Non-compliant invoices withheld. Payment: electronic transfer to nominated account within 30 days of receipt of compliant invoice, subject to set-off. Disputed invoices: Foskor notifies within 7 days; Parties aim to resolve in 10 Business Days; disputed amounts may be withheld; supply continues during dispute.

Contract Price stated in each Purchase Order, calculated per rates in Annexe B, inclusive of all costs, customs duties, taxes (excl. VAT), charges and liabilities. Annual CPI escalation on each anniversary of Commencement Date: New Price = current Price × (1 + %CPI), unless otherwise agreed in writing. Supplier may recover additional duties imposed by law. Tax invoices in Rand, Foskor-approved format, submitted within 5 Business Days of delivery, containing Purchase Order number, Variation Instruction/Confirmation numbers (if any), quantity, Contract Price, adjustments, total VAT, Supplier company name, address, VAT number, and bank details. Payment by electronic transfer within 30 days of receipt of compliant invoice; disputed amounts may be withheld. Foskor entitled to set-off. Supplier must continue supply during disputes.

Supplier must be a company duly incorporated under South African law with power to own assets and conduct business. Must obtain and maintain all permits, licences and authorisations for supply/delivery. Must comply with all Applicable Laws, Anti-Corruption & Sanctions Laws (including Prevention and Combating of Corrupt Activities Act, US FCPA, UK Bribery Act), Foskor Policies, and Good Industry Practice. Must maintain manufacturing/storage facilities in good condition and compliant with Applicable Laws. No specific B-BBEE level, CIDB grading, CSD registration, or local content thresholds stated in this agreement template.

Supplier and Personnel access to Site subject to Foskor's HSE policies and procedures. Non-compliance entitles Foskor to suspend/revoke access or remove Personnel at Supplier's cost. Supplier must cooperate to avoid disruption. Personnel no longer requiring access must return access cards, security codes, and Foskor property. Supplier liable for direct/indirect loss from negligence, theft, fraud, or criminal acts by its Personnel on Foskor premises (proven on balance of probabilities). Supplier must provide safety documentation: hazards, safe handling/storage/use/disposal conditions, accident procedures, and information for Foskor's safe work procedures. Supplier warrants compliance with environmental, health and safety and management plans at Site.

Agreement commences on Commencement Date (per Letter of Award or Signature Date) and ends on Termination Date (per Letter of Award or [X] months after Commencement Date). Foskor may terminate for any reason on 30 days' written notice without affecting prior Purchase Orders. Variation Instructions may alter Purchase Orders; Supplier must respond within 5 Business Days with description, price amendment, and revised Delivery Date; Variation Confirmation required before execution. Order of precedence: Letter of Award, Purchase Order, Specifications, Agreement, RFP, Supplier's bid response. Disputes: executive meeting within 15 Business Days, then Independent Expert (agreed or AFSA-nominated); Expert acts as expert, not arbitrator; decision final and binding. Arbitration (if required): AFSA panel, Johannesburg, English, 90-day target, Arbitration Act 1965, Commercial Arbitration Rules. Urgent relief may be sought in court. Governing law: South Africa. Non-exclusive jurisdiction: High Court of South Africa (Gauteng Local Division, Johannesburg). Notices: hand, courier, or email; deemed received on delivery/transmission (emails after 17h00 next Business Day). Domicilia: Foskor as above; Supplier to be completed. Entire agreement; no oral variation/waiver; no cession/delegation without consent; counterparts permitted.