Events management services panel – eastern cape government tender (36 months)

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Returnable Documents:

• Fully completed and signed SBD4 must be attached, a false declaration will result in disqualification, (par. 2.4 disclosure must align with subsection 2.4.1 and director ‘s information on Central Supplier, Database CSD).,
• Valid Central Supplier Database registration and compliant tax status., NB. Failure to adhere to the above mandatory requirements will result in disqualification., An organizational structure that consists of Identity Document Copies of

Functional Evaluation Criteria

• 0 event = 0 points signed, with clear description of
• 1-2 events = 10 points the event. NB: The department
• 3-4 events = 15 points reserves the right to
• 5-6 events = 20 points independently verify the
• 7 and above = 30 points accuracy of information provided

R 5000 000 or higher = 30 points institution registered in South

R 4000 000 – R 4999 999= 20 points Africa, not older than 90 days

R 3000 000 – R 3999 999=15 points before the closing date of the bid.

No bank guarantee = 0 points

5 years and more experience = 10 points right to independently verify the

less than 5 years = 5 points accuracy of information

5 or more staff members = 10 points.

4 staff members = 8 points

1-3 and less staff members = 5 points

0 staff members = 0 points

• The specific goals, B-BBEE status, functionality, experience, capacity and financial

functionality thresholds, experience requirements, safety capability, financial capacity or

specific goals, that member must actively perform the relevant portion of the contract and

Nce points claim form in terms of the preferential procurement

This preference form must form part of all tenders invited. It contains general information and serves

as a claim form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

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

Appointment of a panel of service providers to organise, manage and

Deliver events management services for the department of sport,

Recreation, arts and culture for a period of thirty-six (36) months.

1. Background and purpose

The Department of Sport, Recreation, Arts and Culture seeks to appoint a suitably qualified,

experienced and financially capable panel of events management service providers to

organise, coordinate, manage and deliver departmental events on an as-and-when required

basis for a period of thirty-six (36) months. The panel will support events across Administration,

Cultural Affairs, Libraries and Archives, and Sport and Recreation programmes, including

local, provincial and national events.

2. Objectives of the appointment

The objective is to establish a responsive panel of service providers with the technical,

financial, human resource, logistical, safety, compliance and project management capability

to deliver professional event management services in accordance with departmental

requirements, applicable legislation, municipal by-laws, safety standards and recognised

industry best practice.

The appointed service providers shall provide end-to-end event management services, which

may include concept development, planning, budgeting, logistics, venue coordination,

stakeholder liaison, compliance management, implementation, on-site coordination, post-

event reporting and close-out. Services may be required for commemorative days, sporting

events, arts and culture events, library and archive events, stakeholder engagements,

launches, exhibitions, outreach programmes, community events, conferences, workshops and

other departmental events.

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3.1 Core Event Management Services

• Event concept development, theme alignment, stage layout, décor, branding, protocol

arrangements and visual presentation.

• Venue sourcing, site inspections, booking support, floor plans, seating plans, parking plans,

signage and accessibility arrangements.

• Programme coordination, run sheets, stage management, speaker management, artist or

performer coordination and protocol support.

• Delegate management, RSVP systems, registration desks, accreditation, badging, ushering

and helpdesk support.

• Audio-visual, lighting, sound, interpretation support, live streaming capability, internet

connectivity and technical support.

• Catering coordination, menu planning, dietary requirements, food hygiene compliance, serving

arrangements and waste management.

• Transport, logistics, loading zones, equipment movement, security coordination, emergency

planning and site restoration.

3.2 Minimum Catering and Food Safety Requirements

• The bidder or proposed catering subcontractor must submit a valid Certificate of Acceptability

issued by the relevant municipal health authority for the premises where food is prepared.

• Where food is transported, the bidder must provide proof that food delivery vehicles comply with

applicable municipal health and food transportation requirements.

• Food handlers must be trained in basic food hygiene, personal hygiene, safe food handling,

cleaning procedures and temperature control.

• Menus must provide for dietary needs, including vegetarian, halaal, diabetic, low-salt and other

medically or culturally required meals where specified by the Department.

• The service provider must ensure safe food storage, serving, waste disposal, clean water supply,

handwashing facilities and pest-control measures for every event.

• The Department may request recent hygiene inspection reports, food safety training records or

independent food hygiene audit reports where high-volume catering is required.

4. Event categories and required capabilities

Category Typical Event Profile Minimum Capability Examples of

Required Supporting Evidence

Local Community-based Ability to manage At least three similar

Events events, district events of up to 500 events; local

activations, workshops, participants; local references; event plan;

small commemorations venue logistics; basic CVs of event

and outreach AV; catering coordinator and support

programmes. coordination; local staff; proof of catering

stakeholder liaison; and safety compliance

crowd flow and basic where applicable.

safety planning.

Provincial Provincial Ability to manage At least five similar

Events commemorative days, events of events; signed

departmental launches, approximately 501 to 2 reference letters;

major arts, culture, 500 participants; multi- project implementation

library, archive, sport stakeholder planning; plan; safety plan;

and recreation events. formal project plan; insurance; financial

venue layout; safety statements; CVs of key

officer; AV and personnel and technical

technical support; leads.

catering at scale; risk

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register; security and

traffic coordination.

National High-profile events Ability to manage At least seven largeEvents involving national events exceeding 2 scale events; senior

government, 500 participants; event leader with a

dignitaries, media, advanced project minimum of five years’

protocol requirements, governance; experience in national

large crowds, stadiums, accredited safety events ; safety and

open fields or multi-day personnel; Joint compliance portfolio;

programmes. Operations Committee public liability

(JOC) or multi-agency insurance; municipal

coordination; approvals; technical

emergency, medical, certificates; financial

security, traffic, capacity evidence and

communications and close-out reports.

contingency plans;

large-scale AV,

broadcast or live

streaming capability.

5. Professional standards required for event managers

• Event managers must apply a documented project management approach with clear

milestones, roles, responsibilities, timelines, budget controls and escalation processes.

• Event safety planning must be aligned to applicable South African legislation, including the

Safety at Sports and Recreational Events Act, Occupational Health and Safety requirements,

municipal by-laws and relevant SANS 10366 event health and safety requirements where applicable.

• A qualified or appropriately experienced safety officer must be appointed for events

requiring formal safety planning, risk categorisation, crowd management, temporary structures,

electrical installations or emergency coordination.

• The service provider must maintain a risk register covering crowd movement, weather,

temporary structures, electrical installations, medical emergencies, fire, traffic, security, food safety,

reputational risk and service provider failure.

• A communication protocol must be established between the Department, service provider,

subcontractors, venue, safety officer, security, emergency services and other stakeholders.

• Every event must have a run sheet, site plan, contact list, incident reporting process,

contingency plan and post-event close-out report.

• The service provider must ensure ethical subcontracting, payment of subcontractors within

agreed periods, full disclosure of conflicts of interest and compliance with tax, CSD and procurement

requirements.

6. Expected deliverables

6.1 Event Planning and Management: Liase with the departmental project manager or

delegated official to plan and execute the assigned event as per parameters of the contract.

6.2 The appointed panel of service providers will be subjected to three quote process and be

required to provide the said services as per the specification provided by the department.

6.3 Ensure all sub-contracted suppliers are properly constituted businesses whose tax statuses

are in order and any actual or potential conflict of interest are declared.

6.4 Proof of subcontracting and payment of subcontractors must accompany the invoice and a

report after the event. No subcontractor may be appointed that has, as part of its ownership structure

– a government employee.

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6.5 In the instance where departmental officials are required to perform duties at the event no

additional funding will be paid to such officials after the event.

6.6 The appointed events manager where necessary will be required to prepare a project plan for

the event including site layout, drawings, staff requirements, safety and security plan and disaster

management plan. The complete project estimate must include the event management fees and

travel cost at the current fuel tariff rates from the department of Transport.

The event manager must be willing to travel and attend meetings as and when requested.

This is crucial when introducing the appointed event manager to local businesses to facilitate

smooth subcontracting.

6.7 The events manager and its management team must always be on site to co-ordinate the

event in a professional manner.

6.8 The events manager must pay subcontractors within 30 days after the event regardless of

whether the department has settled its invoice or not. Provision must be made for upfront payments

as per the services provided on the specification.

6.9 The events manager is expected to conduct a performance review of all sub-contracted

suppliers and provide the department with a close-out report within five (5) working days after the

event and a debriefing session may be called after.

6.10 The department will cover three trips for the event. The first trip is to ensure setup is correct,

second trip for the day/s of the event and last trip is for after the event for site clearing.

6.1 The bidder must submit details regarding the bid price for the Services on the Pricing Schedule form/s

attached which completed form/s must be submitted together with the bid documents. It is a

requirement of this bid that the bid price is firm i.e. NO ROE CLAIMS

6.2 Pricing must be stipulated INCLUSIVE OF VALUE ADDED TAX.

6.3 It is an express requirement of this invitation to bid that the bidders provide some transparency in

respect to their pricing approach. In this regard, bidders must indicate the basis on which they have

calculated their pricing by completing all aspects of the Pricing Schedule form

6.4 Qualifications of bidders

professionals such as an Event Manager, Communications expert and technical leads.

12.8 Project Management, Methodology and Risk Management: A written methodology must be

submitted, showing planning approach, milestones, budget controls, risk register, mitigation measures,

contingency arrangements, communication protocols, quality assurance and close-out reporting.

12.9 Planning skills: please provide an outline plan for an event you have done before, specifically

indicating how you define millstones and intended measuring progress.

12.10 Risk: indicate your risk management strategy for a typical event listing all the potential risk that

would be experienced at an event and how you mitigate it and your recovery plans it a risk does

materialise. It must include mitigating factors and recovery plan in the following venue for events:

marquee tent, town hall, auditorium, stadium, and open field.

12.11 Communication and reporting: Indicate how you manage communications between yourself,

your clients, and your service providers, specifically making sure all instructions are properly understood

and managing the expectations of both your clients and sub-contractors.

12.12 Specify the client’s contact person for final sign-offs on branding, media and programmes.

12.13 A detailed project timeline, regular progress meetings and milestone check-ins

12.14 Post event communication, data analysis (surveys and any other related) and a comprehensive

close-out report.

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skills in all of the event management

disciplines –

5 or more staff members = 10 points.

4 staff members = 8 points

1-3 and less staff members = 5 points

0 staff members = 0 points

4 METHODOLOGY, ORGANIZATIONAL SKILLS, Clear methodology with clear 20 10

AND RISK MANAGEMENT: - milestones, project execution

Planning skills – please provide an outline plan plan with reference to the actual

for an atleast one event management that you have project that was done.

done before, with clearly define milestones and

project implementation plan and execution.

• Clear insights, more details, and experience = 10

points

• Fair = 5 points
• Inadequate/ Insufficient = 0 points

Risk Management – Indicate your risk Risk management strategy, 5

management strategy for a typical event listing all mitigating factors and recovery

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the potential risks that would be experienced at an plan in the following different

event and how you mitigate it and your recovery venues and environment: -

plans if the risk does materialise. 1. Marquee tent

• Showing insights with clear experience = 2. Town Hall/Hall

5points 3. Stadium

• Fair/Average response = 3 points 4. Open field
• Inadequate/below average = 0 point

Communication strategy – indicate how you 5

manage communication between yourself (as a

service provider) and your clients, your own service

providers, specifically making sure all instructions

are properly understood and managing the

expectations of both your clients and sub-

contractors.

• Shown insights and experience with practical

examples = 5 points

• Fair/Average answer = 3 points
• Inadequate answer = 0 point

Total 100 70

NB. A bidder must score a minimum of 70 out of 100 points and meet the minimum score

in each criterion to qualify for consideration to the panel.

Sbd6.1

• Conditions of the bid
• Condtions of the contract and operational requirements
• Bid specifications
• Bid forms and related documentation

▪ Government procurement general conditions

• Sbd forms

▪ SBD 1 - Bidder’s information

▪ SBD 4 – Declaration of Interest

▪ SBD 6.1 – Preference Points Claims

• Qualification and Experience
• Organization type
• Organizational Structure
• Details of Bidders nearest office

trade together with present contracts. These details should be submitted together with the bid on

the form attached, if no details are included in the bid, it would be accepted that the bidder does

not have experience.

experienced and financially capable panel of events management service providers to

organise, coordinate, manage and deliver departmental events on an as-and-when required

basis for a period of thirty-six (36) months. The panel will support events across Administration,

identity documents of key personnel must be submitted.

12.7 The supplier must provide organizational structure, where management, administration and

project management staff are sufficiently skilled to meet the requirements of the bid. Copies of ID’s and

experienced financial management capacity and each person presented outlining

project management team with supervisory skills of the event management

event management. experience

events management with the minimum of: NB: The department reserves the

5 years and more experience = 10 points right to independently verify the

less than 5 years = 5 points accuracy of information

the joint venture as a whole, without limiting the Department’s right to require corrective action

from the responsible member, apply penalties, withhold payment, cancel an event order or

pursue any contractual remedies available to it

• The Department shall certify payment only after confirming that services were delivered on

time, at the approved price and according to the specified quality standards.

• Invoices must be supported by the approved purchase order, signed acceptance certificate,

delivery notes, attendance registers, photographs where applicable, subcontractor invoices,

proof of subcontractor payment commitments, reconciliation and close-out report.

• No payment shall be made for unauthorised services, unsupported costs, duplicate claims,

defective deliverables, services outside the approved scope or costs incurred before written

approval.

• The Department may withhold, reduce or delay payment where deliverables are incomplete,

documentation is missing, penalties are applicable, or corrective actions remain unresolved.

deliverables services must meet delivery notes, provider’s own cost; non-

the approved photographs, payment for defective,

specification, attendance records and undelivered or unauthorised

quantities, departmental items; deduction of 5% to

branding acceptance certificate. 10% where quality failures

standards, safety materially affect the event.

standards and

programme

requirements.

On-site Event Manager Attendance register, site Deduction of up to 10% of

coordination and required team inspection checklist and the event management fee

must be on site for event incident log. for absence of key personnel

setup, event or failure to coordinate

implementation critical activities.

and close-out as

approved.

5. Use of contract documents and information; inspection

4.1 The goods supplied shall conform to the standards mentioned in the bidding

documents and specifications.

5. Use of Contract documents and information; inspection.

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

contract, or any provision thereof, or any specification,

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

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

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

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

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

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any

document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause. 5.1 shall

remain the property of the purchaser and shall be returned (all copies) to the

purchaser on completion of the supplier’s performance under the contract if so

required by the purchaser.

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

performance of the supplier and to have them audited by auditors appointed by the

purchaser, if so required by the purchaser.

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

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at

any stage during production or execution or on completion be subject to inspection, the

premises of the bidder or contractor shall be open, at all reasonable hours, for inspection

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by a representative of the Department or an organization acting on behalf of the

8.3 If there are no inspection requirements indicated in the bidding documents and no

mention is made in the contract, but during the contract period it is decided that

inspections shall be carried out, the purchaser shall itself make the necessary

arrangements, including payment arrangements with the testing authority concerned.

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

to be in accordance with the contract requirements, the cost of the inspections, tests

and analyses shall be defrayed by the purchaser.

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

contract requirements, irrespective of whether such supplies or services are accepted

or not, the cost in connection with these inspections, tests or analyses shall be defrayed

by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not

comply with the contract requirements may be rejected.

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

may be rejected if found not to comply with the requirements of the contract. Such

rejected supplies shall be held at the cost and risk of the supplier who shall, when called

upon, remove them immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract. Failing such removal

the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier

fail to provide the substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies, purchase such supplies

as may be necessary at the expense of the supplier.

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

cancel the contract on account of a breach of the conditions thereof, or to act in

terms of Clause 23 of GCC.

Central Supplier Database, have a compliant tax status or acceptable tax arrangements, submit the required

Central Supplier Database CSD)

Central Supplier Database registration and compliant tax status

joint venture agreement, unless otherwise approved in

6.1 The bidder must submit details regarding the bid price for the Services on the Pricing Schedule form/s

calculated their pricing by completing all aspects of the Pricing Schedule form

6.4 Qualifications of bidders

signed Invitation to Bid form (SBD 1) and requisite bid forms attached with its bid. Bidders must take

• Fully completed and signed SBD4 must be attached, a false declaration will result in disqualification

(par. 2.4 disclosure must align with subsection 2.4.1 and director ‘s information on Central Supplier

Database CSD).

• Valid Central Supplier Database registration and compliant tax status.

NB. Failure to adhere to the above mandatory requirements will result in disqualification.

Points Allocation: 90 points

B-BBEE Details: Total points for Price and SPECIFIC GOALS

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Sbd6.1

Failure on the part of a tenderer to submit proof or documentation required in terms of this tender to

claim points for specific goals with the tender, will be interpreted to mean that preference points for

specific goals are not claimed.

The organ of state reserves the right to require of a tenderer, either before a tender is adjudicated or

at any time subsequently, to substantiate any claim in regard to preferences, in any manner required

by the organ of state.

2. Definitions

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

invitation to provide goods or services through price quotations, competitive tendering process or

any other method envisaged in legislation;

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

taxes less all unconditional discounts;

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

bid invitation, and includes all applicable taxes;

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

an organ of state in response to an invitation for the origination of income-generating contracts

through any method envisaged in legislation that will result in a legal agreement between the organ

of state and a third party that produces revenue for the organ of state, and includes, but is not limited

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

assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

3. Formulae for procurement of goods and services

3.1. Points awarded for price

3.1.1 The 80/20 or 90/10 pre

7.1 The events manager must appoint a qualified safety officer who will be responsible for

developing safety plan that includes safety measures, security measures, crowd

management, motor vehicle parking arrangement, floor plan; and will be responsible for

arranging all necessary certificates of compliance related to the event including public liability

insurance, electrical certificate, health and safety certificate and structural certificate by a

qualified engineer.

7.2 Compliance with mandatory health and safety guidelines for large gatherings. Valid

Certificate of Acceptability for food preparation premises where catering is provided directly

or through a subcontractor.

7.3 Regulatory Permits – clear responsibility for acquiring necessary event licences,

permissions and venue safety clearances.

8. Special conditions of the bid

The Eastern Cape Department of Sport, Recreation, Arts and Culture reserves the right to negotiate

with the preferred bidder/s regarding their quote received to bring it in line with market appraisal.

Joint Venture, Consortium and Partnership Arrangements

Bidders may submit bids as a joint venture, consortium or partnership where they combine

expertise, property, capital, effort, skills and knowledge for purposes of delivering the event

management contract. A joint venture shall not be used merely as a paper arrangement to

improve compliance status; each member must make a real, measurable and verifiable

contribution to the delivery of the services.

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• A signed joint venture, consortium or partnership agreement must be submitted

with the bid and must identify all members, the lead partner, percentage participation, work

allocation, financial contribution, decision-making arrangements, delegated authority, bank

account arrangements, dispute resolution process, exit provisions and duration of the

arrangement.

• The agreement must confirm that the members are jointly and severally liable to

the Department for proper performance of the contract, including delivery failures, penalties,

defects, safety breaches, unauthorised expenditure, subcontractor obligations and any losses

arising from non-performance.

• Each member of the joint venture must be registered on the Central Supplier

Database, have a compliant tax status or acceptable tax arrangements, submit the required

Standard Bidding Documents and disclose ownership, conflicts of interest, restricted supplier

status and any relationship with officials or subcontractors.

• The joint venture must nominate one lead partner who will be the primary point of

accountability for receiving orders, acknowledging instructions, submitting quotations and

plans, coordinating members, managing subcontractors, submitting invoices and

communicating with the Department.

• The lead partner shall not remove, replace, reduce the work share of, or materially

change the role of any joint venture member without prior written approval from the

Department. Any approved change must not undermine the basis on which the bid was

evaluated and awarded.

• The specific goals, B-BBEE status, functionality, experience, capacity and financial

capability claimed by the joint venture must be supported by verifiable evidence and must

correspond with the actual work share and contribution of each member.

• Where a joint venture member was relied upon to meet mandatory requirements,

functionality thresholds, experience requirements, safety capability, financial capacity or

specific goals, that member must actively perform the relevant portion of the contract and

must be available for verification during contract implementation.

• Payments may only be made to the contracted joint venture arrangement or

approved bank account stated in the joint venture agreement, unless otherwise approved in

writing by the Department in accordance with applicable financial controls.

• The joint venture must maintain internal records showing member contributions,

subcontractor appointments, supplier payments, revenue sharing, expenses, mark-ups and

event-specific cost allocations, and must make such records available to the Department for

verification where required.

Poor performance by any member of the joint venture shall be treated as poor performance by

the joint venture as a whole, without limiting the Department’s right to require corrective action

from the responsible member, apply penalties, withhold payment, cancel an event order or

pursue any contractual remedies available to it

9. Variations, Scope Changes and Urgent Instructions

• Any change to scope, quantities, venue, date, services, budget or deliverables must be

motivated in writing and approved by the authorised departmental official before

implementation.

• The service provider must submit a written variation request showing the reason for the

change, impact on cost, impact on timelines, risk implications, affected subcontractors and

proposed mitigation measures.

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• Emergency or urgent instructions must be recorded immediately and confirmed in writing,

including the official who authorised the instruction and the financial implication.

10. Payment Certification and Invoice Control

• The Department shall certify payment only after confirming that services were delivered on

time, at the approved price and according to the specified quality standards.

• Invoices must be supported by the approved purchase order, signed acceptance certificate,

delivery notes, attendance registers, photographs where applicable, subcontractor invoices,

proof of subcontractor payment commitments, reconciliation and close-out report.

• No payment shall be made for unauthorised services, unsupported costs, duplicate claims,

defective deliverables, services outside the approved scope or costs incurred before written

approval.

• The Department may withhold, reduce or delay payment where deliverables are incomplete,

documentation is missing, penalties are applicable, or corrective actions remain unresolved.

11. Penalties:

Performance Minimum Evidence / Remedy / Penalty for Non-

Area Standard Measurement Performance

Quality of All goods and Inspection reports, Rectification at the service

deliverables services must meet delivery notes, provider’s own cost; non-

the approved photographs, payment for defective,

specification, attendance records and undelivered or unauthorised

quantities, departmental items; deduction of 5% to

branding acceptance certificate. 10% where quality failures

standards, safety materially affect the event.

standards and

programme

requirements.

On-site Event Manager Attendance register, site Deduction of up to 10% of

coordination and required team inspection checklist and the event management fee

must be on site for event incident log. for absence of key personnel

setup, event or failure to coordinate

implementation critical activities.

and close-out as

approved.

Health, All permits, Approved safety file, Immediate suspension of

safety and certificates, certificates, permit unsafe activities; rectification

compliance insurance, safety copies and risk at own cost; deduction of up

files, emergency assessment. to 15%, and possible

plans and cancellation where non-

compliance compliance creates safety,

approvals must be legal or reputational risk.

obtained before

implementation.

Post-event Close-out report, Close-out report, Withholding of final payment

close-out proof of invoices, payment proof, until complete submission;

subcontractor photographs and deduction of 2% for late

payments, lessons learnt report. close-out reporting unless

reconciliation and extension was approved in

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performance writing.

review must be

submitted within

five working days

after the event.

NB: The penalties will be imposed on the management fee. Service providers are

expected to provide the service at cost. (No mark-up on itemised costs).

12. Minimum capacity requirements of bidders

The Department reserves the right to appoint bidders to the panel that demonstrate sufficient

technical, financial, human resource, safety, compliance and operational capacity. At a

minimum, bidders must demonstrate the following:

12.1 Experience: Proven experience in managing similar events, supported by signed and

contactable reference letters not older than three (3) years. The company should demonstrate at least

five (5) years of event management experience, while the proposed Event Lead should demonstrate

minimum of five years practical experience in planning and delivering events of comparable scale and

complexity.

12.2 Financial Capability: Ability to pre-finance event-related commitments, manage cash flow, pay

subcontractors within agreed payment periods.

12.3 Ability to meet the financial obligations of carrying the event in its entirety and paying of all subcontracted suppliers within thirty (30) days after the event.

12.4 Specify if the company will manage the entire budget or specific portions of the event.

12.5 Outline clear billing terms – e.g., splitting the event organising fee from the actual event costs

and standard 30-day payment windows upon invoice submission.

12.6 Human Resources: A dedicated project team with clearly defined roles, including an Event

Manager, Operations Coordinator, Finance/Administration Officer, Safety Officer where required,

Communications or Stakeholder Liaison Officer, Technical/AV Lead and Logistics Coordinator. CVs and

identity documents of key personnel must be submitted.

12.7 The supplier must provide organizational structure, where management, administration and

project management staff are sufficiently skilled to meet the requirements of the bid. Copies of ID’s and

CVs of each person presented outlining the event management experience. Availability of dedicated

professionals such as an Event Manager, Communications expert and technical leads.

12.8 Project Management, Methodology and Risk Management: A written methodology must be

submitted, showing planning approach, milestones, budget controls, risk register, mitigation measures,

contingency arrangements, communication protocols, quality assurance and close-out reporting.

12.9 Planning skills: please provide an outline plan for an event you have done before, specifically

indicating how you define millstones and intended measuring progress.

12.10 Risk: indicate your risk management strategy for a typical event listing all the potential risk that

would be experienced at an event and how you mitigate it and your recovery plans it a risk does

materialise. It must include mitigating factors and recovery plan in the following venue for events:

marquee tent, town hall, auditorium, stadium, and open field.

12.11 Communication and reporting: Indicate how you manage communications between yourself,

your clients, and your service providers, specifically making sure all instructions are properly understood

and managing the expectations of both your clients and sub-contractors.

12.12 Specify the client’s contact person for final sign-offs on branding, media and programmes.

12.13 A detailed project timeline, regular progress meetings and milestone check-ins

12.14 Post event communication, data analysis (surveys and any other related) and a comprehensive

close-out report.

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13. Mandatory Requirements

• Fully completed and signed SBD1 must be attached,
• Fully completed and signed SBD4 must be attached, a false declaration will result in disqualification

(par. 2.4 disclosure must align with subsection 2.4.1 and director ‘s information on Central Supplier

Database CSD).

• Fully completed and signed SBD6.1 must be attached,
• Valid Central Supplier Database registration and compliant tax status.
• Valid proof of public liability insurance appropriate to the category and risk profile of events to be

undertaken.

NB. Failure to adhere to the above mandatory requirements will result in disqualification.

Functional Evaluation Criteria

NO criteria supporting evidence wei minim

Ght um

Scor

E

1 EXPERIENCE: - previous experience in providing Contactable reference letters 30 20

similar events with between 1000 and 3000 people must be provided with the

over the past five (5) years. letterhead of the institution/client,

• 0 event = 0 points signed, with clear description of
• 1-2 events = 10 points the event. NB: The department
• 3-4 events = 15 points reserves the right to
• 5-6 events = 20 points independently verify the
• 7 and above = 30 points accuracy of information provided

2 FINANCIAL STABILITY: A valid bank code/Rating letter 30 20

Valid Bank Code/ Rating letter: from a recognized financial

R 5000 000 or higher = 30 points institution registered in South

R 4000 000 – R 4999 999= 20 points Africa, not older than 90 days

R 3000 000 – R 3999 999=15 points before the closing date of the bid.

R 2000 000 – R 2999 999 = 10 point

No bank guarantee = 0 points

3 HUMAN RESOURCE CAPACITY: Copies of Curriculum Vitae with 20 10

An organizational structure that consists of Identity Document Copies of

experienced financial management capacity and each person presented outlining

project management team with supervisory skills of the event management

event management. experience

Project Leader that has experience of similar

events management with the minimum of: NB: The department reserves the

5 years and more experience = 10 points right to independently verify the

less than 5 years = 5 points accuracy of information

Team of experienced staff with supervisory provided.

skills in all of the event management

disciplines –

5 or more staff members = 10 points.

4 staff members = 8 points

1-3 and less staff members = 5 points

0 staff members = 0 points

4 METHODOLOGY, ORGANIZATIONAL SKILLS, Clear methodology with clear 20 10

AND RISK MANAGEMENT: - milestones, project execution

Planning skills – please provide an outline plan plan with reference to the actual

for an atleast one event management that you have project that was done.

done before, with clearly define milestones and

project implementation plan and execution.

• Clear insights, more details, and experience = 10

points

• Fair = 5 points
• Inadequate/ Insufficient = 0 points

Risk Management – Indicate your risk Risk management strategy, 5

management strategy for a typical event listing all mitigating factors and recovery

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the potential risks that would be experienced at an plan in the following different

event and how you mitigate it and your recovery venues and environment: -

plans if the risk does materialise. 1. Marquee tent

• Showing insights with clear experience = 2. Town Hall/Hall

5points 3. Stadium

• Fair/Average response = 3 points 4. Open field
• Inadequate/below average = 0 point

Communication strategy – indicate how you 5

manage communication between yourself (as a

service provider) and your clients, your own service

providers, specifically making sure all instructions

are properly understood and managing the

expectations of both your clients and sub-

contractors.

• Shown insights and experience with practical

examples = 5 points

• Fair/Average answer = 3 points
• Inadequate answer = 0 point

Total 100 70

NB. A bidder must score a minimum of 70 out of 100 points and meet the minimum score

in each criterion to qualify for consideration to the panel.

Sbd6.1

Preference points claim form in terms of the preferential procurement

Regulations 2022

This preference form must form part of all tenders invited. It contains general information and serves

as a claim form for preference points for specific goals.

Nb: before completing this form, tenderers must study the

General conditions, definitions and directives applicable in respect of the

Tender and preferential procurement regulations, 2022

1. General conditions

1.1 The following preference point systems are applicable to invitations to tender:

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

applicable taxes included); and

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

applicable taxes included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).

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

system.

b) The applicable preference point system for this tender is the 80/20 preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/

highest acceptable tender will be used to determine the accurate system once tenders are received.

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

shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points

Price

2.6 Regulations and statutes The contractor shall, in the provision of the Services observe and comply

with all relevant provisions of all applicable legislation and regulations.

2.7 Compliance with procedures.

3.8 Manager is recorded that during the currency of the contract the Department may implement

procedures and policies at the relevant Institution. The contractor shall comply fully with any such

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reasonable procedures and policies, including the permit to work procedures and health and safety

procedures.

3.9 The contractor shall ensure that it and its personnel shall at all times comply fully with any safety,

fire, emergency and security procedures and policies applicable at the relevant Institution.

3.10 should the Department at any time believe that any member of contractor’s personnel is

failing to comply with any such procedures or policies, the Department shall be entitled to deny

such personnel member access to the relevant premises and require contractor to replace such

person without delay.

3.11 Contractor’s procedures The contractor shall, upon receipt of written request from the Department

or its appointed Technical Support Manager provide the Department with copies of all contractor’s

operating procedures and processes relating to the Services;

3.12 Provision of Services in clean and tidy manner. The contractor shall ensure that the Services are

provided in a clean and tidy manner.

7.1 In this clause the term “Act” shall mean the Occupational Health & Safety Act, No. , as

amended from time to time, (including any act which may take its place should it be repealed

during the currency of the agreement between the parties) as read with all regulations and

standards promulgated in terms of the former Machinery and Occupational Act, No , as

amended, and all regulations & standards promulgated in terms of the Occupational Health &

Safety Act from time to time;

7.2 The contractor:-

❖ acknowledges that he is fully aware of the terms and conditions of the Act;

❖ acknowledges that he is an employer in its own right with duties and responsibilities as prescribed in

the Act;

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❖ agrees to comply with all rules and regulations implemented by or on behalf of the Department in

covering letter relating to health and safety and will inform the Department immediately should

contractor for any reason be unable to comply with the provisions of the Act and such rules and

regulations.

financial, human resource, logistical, safety, compliance and project management capability

to deliver professional event management services in accordance with departmental

requirements, applicable legislation, municipal by-laws, safety standards and recognised

industry best practice.

3. Scope of work

may include concept development, planning, budgeting, logistics, venue coordination,

stakeholder liaison, compliance management, implementation, on-site coordination, post-

event reporting and close-out. Services may be required for commemorative days, sporting

events, arts and culture events, library and archive events, stakeholder engagements,

launches, exhibitions, outreach programmes, community events, conferences, workshops and

other departmental events.

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3.1 Core Event Management Services

• Event concept development, theme alignment, stage layout, décor, branding, protocol

arrangements and visual presentation.

• Venue sourcing, site inspections, booking support, floor plans, seating plans, parking plans,

signage and accessibility arrangements.

• Programme coordination, run sheets, stage management, speaker management, artist or

performer coordination and protocol support.

• Delegate management, RSVP systems, registration desks, accreditation, badging, ushering

and helpdesk support.

• Audio-visual, lighting, sound, interpretation support, live streaming capability, internet

connectivity and technical support.

• Catering coordination, menu planning, dietary requirements, food hygiene compliance, serving

arrangements and waste management.

• Transport, logistics, loading zones, equipment movement, security coordination, emergency

planning and site restoration.

3.2 Minimum Catering and Food Safety Requirements

• The bidder or proposed catering subcontractor must submit a valid Certificate of Acceptability

issued by the relevant municipal health authority for the premises where food is prepared.

• Where food is transported, the bidder must provide proof that food delivery vehicles comply with

applicable municipal health and food transportation requirements.

• Food handlers must be trained in basic food hygiene, personal hygiene, safe food handling,

cleaning procedures and temperature control.

• Menus must provide for dietary needs, including vegetarian, halaal, diabetic, low-salt and other

medically or culturally required meals where specified by the Department.

• The service provider must ensure safe food storage, serving, waste disposal, clean water supply,

handwashing facilities and pest-control measures for every event.

• The Department may request recent hygiene inspection reports, food safety training records or

independent food hygiene audit reports where high-volume catering is required.

Events events, district events of up to 500 events; local

activations, workshops, participants; local references; event plan;

small commemorations venue logistics; basic CVs of event

and outreach AV; catering coordinator and support

programmes. coordination; local staff; proof of catering

stakeholder liaison; and safety compliance

crowd flow and basic where applicable.

safety planning.

Events commemorative days, events of events; signed

departmental launches, approximately 501 to 2 reference letters;

major arts, culture, 500 participants; multi- project implementation

library, archive, sport stakeholder planning; plan; safety plan;

and recreation events. formal project plan; insurance; financial

venue layout; safety statements; CVs of key

officer; AV and personnel and technical

technical support; leads.

catering at scale; risk

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register; security and

traffic coordination.

National High-profile events Ability to manage At least seven largeEvents involving national events exceeding 2 scale events; senior

government, 500 participants; event leader with a

dignitaries, media, advanced project minimum of five years’

protocol requirements, governance; experience in national

large crowds, stadiums, accredited safety events ; safety and

open fields or multi-day personnel; Joint compliance portfolio;

programmes. Operations Committee public liability

(JOC) or multi-agency insurance; municipal

coordination; approvals; technical

emergency, medical, certificates; financial

security, traffic, capacity evidence and

communications and close-out reports.

contingency plans;

large-scale AV,

broadcast or live

streaming capability.

• Event managers must apply a documented project management approach with clear

milestones, roles, responsibilities, timelines, budget controls and escalation processes.

• Event safety planning must be aligned to applicable South African legislation, including the

municipal by-laws and relevant SANS 10366 event health and safety requirements where applicable.

• A qualified or appropriately experienced safety officer must be appointed for events

requiring formal safety planning, risk categorisation, crowd management, temporary structures,

electrical installations or emergency coordination.

• The service provider must maintain a risk register covering crowd movement, weather,

temporary structures, electrical installations, medical emergencies, fire, traffic, security, food safety,

reputational risk and service provider failure.

• A communication protocol must be established between the Department, service provider,

subcontractors, venue, safety officer, security, emergency services and other stakeholders.

• Every event must have a run sheet, site plan, contact list, incident reporting process,

contingency plan and post-event close-out report.

• The service provider must ensure ethical subcontracting, payment of subcontractors within

agreed periods, full disclosure of conflicts of interest and compliance with tax, CSD and procurement

requirements.

6.1 Event Planning and Management: Liase with the departmental project manager or

delegated official to plan and execute the assigned event as per parameters of the contract.

6.2 The appointed panel of service providers will be subjected to three quote process and be

required to provide the said services as per the specification provided by the department.

6.3 Ensure all sub-contracted suppliers are properly constituted businesses whose tax statuses

are in order and any actual or potential conflict of interest are declared.

6.4 Proof of subcontracting and payment of subcontractors must accompany the invoice and a

report after the event. No subcontractor may be appointed that has, as part of its ownership structure

– a government employee.

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6.5 In the instance where departmental officials are required to perform duties at the event no

additional funding will be paid to such officials after the event.

6.6 The appointed events manager where necessary will be required to prepare a project plan for

the event including site layout, drawings, staff requirements, safety and security plan and disaster

management plan. The complete project estimate must include the event management fees and

travel cost at the current fuel tariff rates from the department of Transport.

or through a subcontractor.

7.3 Regulatory Permits – clear responsibility for acquiring necessary event licences,

permissions and venue safety clearances.

evaluated and awarded.

• The specific goals, B-BBEE status, functionality, experience, capacity and financial

capability claimed by the joint venture must be supported by verifiable evidence and must

correspond with the actual work share and contribution of each member.

• Where a joint venture member was relied upon to meet mandatory requirements,

functionality thresholds, experience requirements, safety capability, financial capacity or

specific goals, that member must actively perform the relevant portion of the contract and

must be available for verification during contract implementation.

• Payments may only be made to the contracted joint venture arrangement or

approved bank account stated in the joint venture agreement, unless otherwise approved in

writing by the Department in accordance with applicable financial controls.

• The joint venture must maintain internal records showing member contributions,

subcontractor appointments, supplier payments, revenue sharing, expenses, mark-ups and

event-specific cost allocations, and must make such records available to the Department for

verification where required.

• Any change to scope, quantities, venue, date, services, budget or deliverables must be

motivated in writing and approved by the authorised departmental official before

implementation.

• The service provider must submit a written variation request showing the reason for the

change, impact on cost, impact on timelines, risk implications, affected subcontractors and

proposed mitigation measures.

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• Emergency or urgent instructions must be recorded immediately and confirmed in writing,

including the official who authorised the instruction and the financial implication.

safety and certificates, certificates, permit unsafe activities; rectification

compliance insurance, safety copies and risk at own cost; deduction of up

files, emergency assessment. to 15%, and possible

plans and cancellation where non-

compliance compliance creates safety,

approvals must be legal or reputational risk.

obtained before

implementation.

technical, financial, human resource, safety, compliance and operational capacity. At a

minimum, bidders must demonstrate the following:

12.1 Experience: Proven experience in managing similar events, supported by signed and

contactable reference letters not older than three (3) years. The company should demonstrate at least

five (5) years of event management experience, while the proposed Event Lead should demonstrate

minimum of five years practical experience in planning and delivering events of comparable scale and

complexity.

12.2 Financial Capability: Ability to pre-finance event-related commitments, manage cash flow, pay

subcontractors within agreed payment periods.

12.3 Ability to meet the financial obligations of carrying the event in its entirety and paying of all subcontracted suppliers within thirty (30) days after the event.

12.4 Specify if the company will manage the entire budget or specific portions of the event.

12.5 Outline clear billing terms – e.g., splitting the event organising fee from the actual event costs

and standard 30-day payment windows upon invoice submission.

12.6 Human Resources: A dedicated project team with clearly defined roles, including an Event

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable

for any expense incurred in the preparation and

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

charged.

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

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

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

furnished by the supplier are specified in SCC.

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

24.1 When, after the date of bid, provisional payments are required, or antidumping or

countervailing duties are imposed, or the amount of a provisional payment or antidumping or countervailing right is increased in respect of any dumped or subsidized import,

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

increase. When, after the said date, such a provisional payment is no longer required or

any such anti-dumping or countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favorable difference shall on

demand be paid forthwith by the contractor to the State or the State may deduct such

amounts from moneys (if any) which may otherwise be due to the contractor in regard to

supplies or services which he delivered or rendered, or is to deliver or render in terms of the

contract or any other contract or any other amount which may be due to him

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

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General Conditions of Contract

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

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

documents for the receipt of bids.

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

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

including all attachments and appendices thereto and all documents incorporated by

reference therein.

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

the full and proper performance of his contractual obligations.

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

value to influence the action of a public official in the procurement process or in contract

execution.

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

subsidized by its government and encouraged to market its products internationally.

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

produced or from which the services are supplied. Goods are produced when, through

manufacturing, processing or substantial and major assembly of components, a

commercially recognized new product results that is substantially different in basic

characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

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

specified store or depot or on the specified site in compliance with the conditions of the

contract or order, the supplier bearing all risks and charges involved until the supplies are

so

delivered and a valid receipt is obtained.

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

initiative in the RSA at lower prices than that of the country of origin and which have the

potential to harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not

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

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

capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight

embargoes.

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

procurement process or the execution of a contract to the detriment of any bidder, and

includes collusive practice among bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

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1.14 “GCC” means the General Conditions of Contract.

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

supplier is required to supply to the purchaser under the contract.

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

cost of components, parts or materials which have been or are still to be imported (whether

by the supplier or his subcontractors) and which costs are inclusive of the costs abroad,

plus freight and other direct importation costs such as landing costs, dock dues, import

duty, sales duty or other similar tax or duty at the South African place of entry as well as

transportation and handling charges to the factory in the Republic where the supplies

covered by the bid will be manufactured.

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

included in the imported content provided that local manufacture does take place.

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

labour, materials, components and machinery and includes other

related value-adding activities.

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

the rendering of a service.

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

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

such as installation, commissioning, provision of technical assistance, training, catering,

gardening, security, maintenance and other such obligations of the supplier covered

under the contract.

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

electronic or mechanical writing.

2. Application

2.1 These general conditions are applicable to all bids, contracts and orders including bids

for functional and professional services, sales, hiring, letting and the granting or

acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding documents.

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

supplies, services or works.

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

general conditions, the special conditions shall apply.

3. General

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable

for any expense incurred in the preparation and

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

charged.

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

Government Bid Bulletin. The Government Bid Bulletin may be obtained directly from the

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Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from

www.treasury.gov.za

4. Standards

4.1 The goods supplied shall conform to the standards mentioned in the bidding

documents and specifications.

5. Use of Contract documents and information; inspection.

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

contract, or any provision thereof, or any specification,

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

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

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

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

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

purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any

document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause. 5.1 shall

remain the property of the purchaser and shall be returned (all copies) to the

purchaser on completion of the supplier’s performance under the contract if so

required by the purchaser.

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

performance of the supplier and to have them audited by auditors appointed by the

purchaser, if so required by the purchaser.

6. Patent rights

6.1 The supplier shall indemnify the purchaser against all third-party claims of

infringement of patent, trademark, or industrial design rights arising from use of the goods

or any part thereof by the purchaser.

7. Performance Security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful

bidder shall furnish to the purchaser the performance security of the amount specified in

Scc.

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

compensation for any loss resulting from the supplier’s failure to complete his obligations

under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or

in a freely convertible currency acceptable to the purchaser and shall be in one of

the following forms:

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

located in the purchaser’s country or abroad, acceptable to the purchaser, in the

form provided in the bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the

supplier not later than thirty (30) days following the date of completion of the

supplier’s performance obligations under the contract, including any warranty

obligations, unless otherwise specified in SCC.

8. Inspections, tests and analyses

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

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at

any stage during production or execution or on completion be subject to inspection, the

premises of the bidder or contractor shall be open, at all reasonable hours, for inspection

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by a representative of the Department or an organization acting on behalf of the

Department.

8.3 If there are no inspection requirements indicated in the bidding documents and no

mention is made in the contract, but during the contract period it is decided that

inspections shall be carried out, the purchaser shall itself make the necessary

arrangements, including payment arrangements with the testing authority concerned.

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

to be in accordance with the contract requirements, the cost of the inspections, tests

and analyses shall be defrayed by the purchaser.

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

contract requirements, irrespective of whether such supplies or services are accepted

or not, the cost in connection with these inspections, tests or analyses shall be defrayed

by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not

comply with the contract requirements may be rejected.

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

may be rejected if found not to comply with the requirements of the contract. Such

rejected supplies shall be held at the cost and risk of the supplier who shall, when called

upon, remove them immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract. Failing such removal

the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier

fail to provide the substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies, purchase such supplies

as may be necessary at the expense of the supplier.

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

cancel the contract on account of a breach of the conditions thereof, or to act in

terms of Clause 23 of GCC.

9. Packing

9.1 The supplier shall provide such packing of the goods as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the

contract. The packing shall be sufficient to withstand, without limitation, rough handling

during transit and exposure to extreme temperatures, salt and precipitation during

transit, and open storage. Packing, case size and weights shall take into consideration,

where appropriate, the remoteness of the goods’ final destination and the absence of

heavy handling facilities at all points in transit.

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

comply strictly with such special requirements as shall be expressly provided for in the

contract, including additional requirements, if any, specified in SCC, and in any

subsequent instructions ordered by the purchaser.

10. Delivery and documents

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

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

furnished by the supplier are specified in SCC.

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

11. Insurance

11.1 The goods supplied under the contract shall be fully insured in a freely convertible

currency against loss or damage incidental to manufacture or acquisition,

transportation, storage and delivery in the manner specified in the SCC.

12. Transportation

12.1 Should a price other than an all-inclusive delivered price be required, this shall be

specified in the SCC.

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13. Incidental Services

13.1 The supplier may be required to provide any or all of the following services, including

additional services, if any, specified in SCC:

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

goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit

of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a

period of time agreed by the parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,

start-up, operation, maintenance, and/or repair of the supplied goods.

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

price for the goods, shall be agreed upon in advance by the parties and shall not

exceed the prevailing rates charged to other parties by the supplier for similar

services.

14. Spare parts

14.1 As specified in SCC, the supplier may be required to provide any or all of the following

materials, notifications, and information pertaining to spare parts manufactured or

distributed by the supplier:

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

that this election shall not relieve the supplier of any warranty obligations under the

contract; and

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

(i) Advance notification to the purchaser of the pending termination, in sufficient time

to permit the purchaser to procure needed requirements; and

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

drawings, and specifications of the spare parts, if requested.

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of

the most recent or current models, and that they incorporate all recent improvements

in design and materials unless provided otherwise in the contract. The supplier further

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

design, materials, or workmanship (except when the design and/or material is required

by the purchaser’s specifications) or from any act or omission of the supplier, that may

develop under normal use of the supplied goods in the conditions prevailing in the

country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any

portion thereof as the case may be, have been delivered to and accepted at the

final destination indicated in the contract, or for eighteen (18) months after the date

of shipment from the port or place of loading in the source country, whichever period

concludes earlier, unless specified otherwise in SCC.

15.3

The purchaser shall promptly notify the supplier in writing of and claims arising under

this warranty.

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

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

or parts thereof, without costs to the purchaser.

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

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

action as may be necessary, at the supplier’s risk and expense and without prejudice

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to any other rights which the purchaser may have against the supplier under the

contract.

16. Payment

16.1 The method and conditions of payment to be made to the supplier under this

contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of

the delivery note and upon fulfillment of other obligations stipulated in the contract.

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

(30) days after submission of an invoice or claim by the supplier.

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

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the

contract shall not vary from the prices quoted by the supplier in his bid, with the exception

of any price adjustments authorized in SCC or in the purchaser’s request for bid validity

extension, as the case may be.

18. Contract Amendments

18.1 No variation in or modification of the terms of the contract shall be made except by

written amendment signed by the parties concerned.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the

contract, except with the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contracts if not already specified in the bid. Such notification, in the original bid or later,

shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the Suppliers’ performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s)

should encounter conditions impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify the purchaser in writing of the fact of the delay,

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

notice, the purchaser shall evaluate the situation and may at his discretion extend the

supplier’s time for performance, with or without the imposition of penalties, in which case

the extension shall be ratified by the parties by amendment of contract.

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

services from a national department, provincial department, or a local authority.

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

minor essential services executed if an emergency arises, the supplier’s point of supply is

not situated at or near the place where the supplies are required, or the supplier’s services

are not readily available.

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

performance of its delivery obligations shall render the supplier liable to the imposition of

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

to GCC Clause

21.2 without the application of penalties.

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

purchaser shall, without canceling the contract, be entitled to purchase supplies of a similar

quality and up to the same quantity in substitution of the goods not supplied in conformity

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

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

contract and without prejudice to his other rights, be entitled to claim damages from the

supplier.

22. Penalties

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

perform the services within the period(s) specified in the contract, the purchaser shall,

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without prejudice to its other remedies under the contract, deduct from the contract price,

as a penalty, a sum calculated on the delivered price of the delayed goods or

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

delay until actual delivery or performance. The purchaser may also consider termination of

the contract pursuant to GCC Clause 23.

23. Termination for default

23.1The purchaser, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in

the contract, or within any extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

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

fraudulent practices in competing for or in executing the contract.

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

may procure, upon such terms and in such manner as it deems appropriate, goods, works

or services similar to those undelivered, and the supplier shall be liable to the purchaser for

any excess costs for such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

24. Anti-dumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or antidumping or

countervailing duties are imposed, or the amount of a provisional payment or antidumping or countervailing right is increased in respect of any dumped or subsidized import,

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

increase. When, after the said date, such a provisional payment is no longer required or

any such anti-dumping or countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favorable difference shall on

demand be paid forthwith by the contractor to the State or the State may deduct such

amounts from moneys (if any) which may otherwise be due to the contractor in regard to

supplies or services which he delivered or rendered, or is to deliver or render in terms of the

contract or any other contract or any other amount which may be due to him

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be

liable for forfeiture of its performance security, damages, or termination for default if and

to the extent that his delay in performance or other failure to perform his obligations under

the contract is the result of an event of force majeure.

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

writing of such condition and the cause thereof. Unless otherwise directed by the purchaser

in writing, the supplier shall continue to perform its obligations under the contract as far as

is reasonably practical, and shall seek all reasonable alternative means for performance

not prevented by the force majeure event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to

the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such termination

will not prejudice or affect any right of action or remedy which has accrued or will accrue

thereafter to the purchaser

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser

and the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

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

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15.1 Receipt of the invitation to bid does not confer any right on any party in respect of the services or

in respect of or against the State, the Eastern Cape Provincial Government, and the Department.

The State, the Eastern Cape Provincial Government, and the Department (as the case may be)

reserves the right, in its sole discretion, to withdraw by notice to bidders any services or combination

of services from the bid process, to terminate any party’s participation in the bid process or to

accept or reject any response to this invitation to bid on notice to the bidders without liability to any

party. Accordingly, parties have no rights, expressed or implied, with respect to any of the Services

as a result of their participation in the bid process.

15.2 Neither the State, the Eastern Cape Provincial Government, the Department, nor any of their

respective directors, officers, employees, agents, representatives or advisors will assume any

obligations for any costs or expenses incurred by any party in or associated with any appraisal

and/or investigation relating to this invitation to bid or the subsequent submission of a bid in response

to this invitation to bid in respect of the services or any other costs, expenses or liabilities of

whatsoever nature and howsoever incurred by bidders in connection with or arising out of the bid

process.

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directors, advisors, officers, employees, agents, representatives make any representation or

warranty or give any undertaking express or implied, or accept any responsibility or liability

whatsoever, as to the contents, accuracy or completeness of the information contained in the

invitation to bid, or any other written or oral information made available in connection with the bid

and nothing contained herein is, or shall be relied upon as a promise or representation, whether as

to the past or the future.

17.2 This invitation to bid may not contain all the information that may be required to evaluate a

possible submission of a response to this invitation to bid. The bidder should conduct its own

independent analysis of the operations to the extent required to enable it to respond to this bid.

2.1 The stipulated bid prices shall be fixed (firm) for the duration of contract.

2.2 Payment of any consideration in terms of the contract shall not constitute acceptance of any

defective or non-conforming services or otherwise relieve contractor of any of its obligations under

the contract.

2.3 To the extent that the Department disputes the correctness, nature, extent or calculation of any

fees or expenses payable to contractor in terms of the contract, Department shall be entitled to

withhold payment of such disputed amounts until such time as such dispute is resolved.

additional quality requirements (whether engaged in a service contract or when repair is required

out of guarantee without the maintenance contract option) and standards relating to the

maintenance together with performance measurement provisions, which quality requirements,

performance measurement provisions shall be reduced to writing in a service level agreement if

required and signed by both parties.

and related standards stipulated in the Specifications and the service level agreement (if any)

contemplated in clause 11 above.

The provisions of Clause 10 document contains the manner in which contractor’s performance will be

measured throughout the term of the contract.

9.2 Compliance. For purposes of the contract the compliance by contractor with the stipulated

responsibilities and service standards will be determined:-

▪ with reference to reports provided by contractor;

▪ with reference to reports or complaints received from third parties;

▪ by means of user satisfaction surveys conducted by Department

▪ by means of service reviews, inspections or any audit carried out by or on behalf of the Department

9.3Records. Contractor shall at all times keep full and accurate records of all Services provided in terms

of the contract and shall retain such records for the currency of the contract. Upon termination of

the contract such records must be provided to the Department upon request.

9.4 Measurement of performance

▪ Periodic checks: Department and/or its appointed Technical Support Manager shall carry out

periodic checks (the intervals to be determined by Department) the purpose of which shall be to

determine whether contractor is providing the Services in accordance with the terms and conditions

of the contract if accepted by Department.

▪ Service complaints :All service complaints, deviations, non-conforming services and suggestions

that are reported to contractor by Department, its appointed facilities manager,

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▪ or any other party shall be given proper and speedy consideration by contractor. Contractor shall

investigate complaints, deviations and non-conforming services in accordance with procedures

approved by the Department.

smooth subcontracting.

6.7 The events manager and its management team must always be on site to co-ordinate the

event in a professional manner.

6.8 The events manager must pay subcontractors within 30 days after the event regardless of

whether the department has settled its invoice or not. Provision must be made for upfront payments

as per the services provided on the specification.

6.9 The events manager is expected to conduct a performance review of all sub-contracted

suppliers and provide the department with a close-out report within five (5) working days after the

event and a debriefing session may be called after.

6.10 The department will cover three trips for the event. The first trip is to ensure setup is correct,

second trip for the day/s of the event and last trip is for after the event for site clearing.

7. Health and Safety:

7.1 The events manager must appoint a qualified safety officer who will be responsible for

developing safety plan that includes safety measures, security measures, crowd

management, motor vehicle parking arrangement, floor plan; and will be responsible for

arranging all necessary certificates of compliance related to the event including public liability

insurance, electrical certificate, health and safety certificate and structural certificate by a

qualified engineer.

7.2 Compliance with mandatory health and safety guidelines for large gatherings. Valid

expertise, property, capital, effort, skills and knowledge for purposes of delivering the event

management contract. A joint venture shall not be used merely as a paper arrangement to

improve compliance status; each member must make a real, measurable and verifiable

contribution to the delivery of the services.

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• A signed joint venture, consortium or partnership agreement must be submitted

with the bid and must identify all members, the lead partner, percentage participation, work

allocation, financial contribution, decision-making arrangements, delegated authority, bank

account arrangements, dispute resolution process, exit provisions and duration of the

arrangement.

• The agreement must confirm that the members are jointly and severally liable to

the Department for proper performance of the contract, including delivery failures, penalties,

defects, safety breaches, unauthorised expenditure, subcontractor obligations and any losses

arising from non-performance.

• Each member of the joint venture must be registered on the Central Supplier

• Fully completed and signed SBD1 must be attached,

• Fully completed and signed SBD4 must be attached, a false declaration will result in disqualification

(par. 2.4 disclosure must align with subsection 2.4.1 and director ‘s information on Central Supplier

Database CSD).

• Fully completed and signed SBD6.1 must be attached,
• Valid Central Supplier Database registration and compliant tax status.
• Valid proof of public liability insurance appropriate to the category and risk profile of events to be

undertaken.

1 EXPERIENCE: - previous experience in providing Contactable reference letters 30 20

similar events with between 1000 and 3000 people must be provided with the

over the past five (5) years. letterhead of the institution/client,

• 0 event = 0 points signed, with clear description of
• 1-2 events = 10 points the event. NB: The department
• 3-4 events = 15 points reserves the right to
• 5-6 events = 20 points independently verify the
• 7 and above = 30 points accuracy of information provided

2 FINANCIAL STABILITY: A valid bank code/Rating letter 30 20

Valid Bank Code/ Rating letter: from a recognized financial

R 5000 000 or higher = 30 points institution registered in South

R 4000 000 – R 4999 999= 20 points Africa, not older than 90 days

R 3000 000 – R 3999 999=15 points before the closing date of the bid.

R 2000 000 – R 2999 999 = 10 point

No bank guarantee = 0 points

3 HUMAN RESOURCE CAPACITY: Copies of Curriculum Vitae with 20 10

4.3. Name of company/firm...............................................................................

4.4. Company registration number: ....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

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

that the points claimed, based on the specific goals as advised in the tender, qualifies the company/

firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

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

indicated in paragraph 1 of this form;

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

paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to the satisfaction

of the organ of state that the claims are correct;

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

the conditions of contract have not been fulfilled, the organ of state may, in addition to any other remedy

it may have

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make

less favourable arrangements due to such cancellation;

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

shareholders and directors who acted on a fraudulent basis, be restricted from obtaining business from

any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other

side) rule has been applied; and

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

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

Signature(s) of tenderer(s)

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

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

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

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

documents for the receipt of bids.

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

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

including all attachments and appendices thereto and all documents incorporated by

reference therein.

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

the full and proper performance of his contractual obligations.

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

value to influence the action of a public official in the procurement process or in contract

execution.

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

subsidized by its government and encouraged to market its products internationally.

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

produced or from which the services are supplied. Goods are produced when, through

manufacturing, processing or substantial and major assembly of components, a

commercially recognized new product results that is substantially different in basic

characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

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

specified store or depot or on the specified site in compliance with the conditions of the

contract or order, the supplier bearing all risks and charges involved until the supplies are

so

delivered and a valid receipt is obtained.

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

initiative in the RSA at lower prices than that of the country of origin and which have the

potential to harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not

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

6.1 The supplier shall indemnify the purchaser against all third-party claims of

infringement of patent, trademark, or industrial design rights arising from use of the goods

or any part thereof by the purchaser.

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful

bidder shall furnish to the purchaser the performance security of the amount specified in

Scc.

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

compensation for any loss resulting from the supplier’s failure to complete his obligations

under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or

in a freely convertible currency acceptable to the purchaser and shall be in one of

the following forms:

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

located in the purchaser’s country or abroad, acceptable to the purchaser, in the

form provided in the bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the

supplier not later than thirty (30) days following the date of completion of the

supplier’s performance obligations under the contract, including any warranty

obligations, unless otherwise specified in SCC.

13.1 The supplier may be required to provide any or all of the following services, including

additional services, if any, specified in SCC:

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

goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit

of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a

period of time agreed by the parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,

start-up, operation, maintenance, and/or repair of the supplied goods.

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

price for the goods, shall be agreed upon in advance by the parties and shall not

exceed the prevailing rates charged to other parties by the supplier for similar

services.

14.1 As specified in SCC, the supplier may be required to provide any or all of the following

materials, notifications, and information pertaining to spare parts manufactured or

distributed by the supplier:

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

that this election shall not relieve the supplier of any warranty obligations under the

contract; and

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

(i) Advance notification to the purchaser of the pending termination, in sufficient time

to permit the purchaser to procure needed requirements; and

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

drawings, and specifications of the spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of

the most recent or current models, and that they incorporate all recent improvements

in design and materials unless provided otherwise in the contract. The supplier further

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

design, materials, or workmanship (except when the design and/or material is required

by the purchaser’s specifications) or from any act or omission of the supplier, that may

develop under normal use of the supplied goods in the conditions prevailing in the

country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any

portion thereof as the case may be, have been delivered to and accepted at the

final destination indicated in the contract, or for eighteen (18) months after the date

of shipment from the port or place of loading in the source country, whichever period

concludes earlier, unless specified otherwise in SCC.

15.3

this warranty.

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

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

or parts thereof, without costs to the purchaser.

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

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

action as may be necessary, at the supplier’s risk and expense and without prejudice

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to any other rights which the purchaser may have against the supplier under the

contract.

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contracts if not already specified in the bid. Such notification, in the original bid or later,

shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the Suppliers’ performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s)

should encounter conditions impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify the purchaser in writing of the fact of the delay,

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

notice, the purchaser shall evaluate the situation and may at his discretion extend the

supplier’s time for performance, with or without the imposition of penalties, in which case

the extension shall be ratified by the parties by amendment of contract.

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

services from a national department, provincial department, or a local authority.

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

minor essential services executed if an emergency arises, the supplier’s point of supply is

not situated at or near the place where the supplies are required, or the supplier’s services

are not readily available.

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

performance of its delivery obligations shall render the supplier liable to the imposition of

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

to GCC Clause

21.2 without the application of penalties.

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

purchaser shall, without canceling the contract, be entitled to purchase supplies of a similar

quality and up to the same quantity in substitution of the goods not supplied in conformity

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

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

contract and without prejudice to his other rights, be entitled to claim damages from the

supplier.

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

perform the services within the period(s) specified in the contract, the purchaser shall,

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without prejudice to its other remedies under the contract, deduct from the contract price,

as a penalty, a sum calculated on the delivered price of the delayed goods or

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

delay until actual delivery or performance. The purchaser may also consider termination of

the contract pursuant to GCC Clause 23.

23.1The purchaser, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in

the contract, or within any extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

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

fraudulent practices in competing for or in executing the contract.

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

may procure, upon such terms and in such manner as it deems appropriate, goods, works

or services similar to those undelivered, and the supplier shall be liable to the purchaser for

any excess costs for such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be

liable for forfeiture of its performance security, damages, or termination for default if and

to the extent that his delay in performance or other failure to perform his obligations under

the contract is the result of an event of force majeure.

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

writing of such condition and the cause thereof. Unless otherwise directed by the purchaser

in writing, the supplier shall continue to perform its obligations under the contract as far as

is reasonably practical, and shall seek all reasonable alternative means for performance

not prevented by the force majeure event.

26.1 The purchaser may at any time terminate the contract by giving written notice to

the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such termination

will not prejudice or affect any right of action or remedy which has accrued or will accrue

thereafter to the purchaser

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser

and the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

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

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