Provision and supply of driveway and exterior building paving at city deep depot (RFQ)

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Returnable Documents: VAT REGISTRATION, SUPPLIER COMPLIANCE TAX COMPLIANCE CENTRAL

Bidders must be registered on the Central Supplier Database and their CSD details must be correct and up to date. Bidders must provide a SARS TCS PIN, a printed TCS certificate or a CSD number; where consortia, joint ventures or subcontractors are involved, each party must submit its own tax compliance proof. Proof of CIDB Grade 1 GB or above is mandatory. Bidders who are persons in the service of the state, or whose directors or members are such persons, are excluded. Foreign-based suppliers must complete the foreign supplier questionnaire. Mandatory returnables include SBD 1, SBD 3.1, SBD 4, SBD 6.1 with an active B-BBEE certificate or sworn affidavit for EMEs/QSEs, SBD 7.1, a CSD declaration and a signed board resolution; failure to submit or comply may render the bid invalid.

Provision & supply of driveway and exterior building paving at city deep depot

a. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

5. Use of contract documents and information; inspection.

a. 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.

b. 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.

c. 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.

d. 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 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.

• Replacement of any damaged or worn-out components as the above table descriptions.
• Testing and commissioning of the mechanical and electrical and associated piping issues as listed and mentioned

paragraph 5.

• Submission of a detailed service report upon completion.

• Post works joint inspection and after-service support for the work completed; and

• GB – General Building Grade-1 and above as per built environment -or Project Management.

• Proof of CIDB 1 or above.

than two (2) months from the date of contract award, unless otherwise agreed with the BMA. The implementation must follow

a phased approach to ensure proper planning, execution and observatory testing.

The following sequential phases should guide the implementation process: Annexure A

i. SBD 1: Invitation bid (PART A) Attached Proof of CIDB Grade 1 – GB or

ii. Terms And Conditions for Bidding (PART B). above.

iii. Declaration of CSD Registration

iv. SBD3: Pricing Schedule

v. SBD 4 form: Bidders Disclosure

vi. SBD 6.1 form: Preference Points claim. Attach

active BBBEE certificate or Affidavit

vii. SBD 7 – Contract Form

1. *Delete which is not applicable. 2. NB: This resolution must be signed by all the Directors / Members /

Partners of the Tendering Enterprise. 3. Should the number of Directors /Members / Partners exceed the

space available above, additional names and signatures must be supplied on a separate page

Sbd 3.1

Pricing schedule – firm prices

(Purchases)

Note: only firm prices will be accepted. Non-firm prices (including

Prices subject to rates of exchange variations) will not be

agreement:

(i) Bidding documents, viz

• Invitation to bid;
• Tax clearance certificate;
• Pricing schedule(s);
• Authority to sign;
• Preference claims for Broad Based Black Economic Empowerment Status Level of

Contribution in terms of the Preferential Procurement Regulations 2011;

• Declaration of interest;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s)

and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the

price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and

rate(s) and calculations will be at my own risk.

2.1 Bill Of Quantities (BOQ)

Project: Supply and provision of Drive-Way and Front Office/ Building Paving for BMA Port Health Satellite Office.

Location: 13 Angus Street, City Deep, Transnet Building

District: City Deep

Town: Johannesburg, 2000

(i) SBD 1: Invitation to quote/bid

(ii) SBD 3: Pricing Schedule

(iii) SBD 4 form: Bidders Disclosure

(iv) SBD 6.1 form: Preference Points claim form in terms of the Preferential Procurement Regulation 2022;

(Note to tenderers: the tenderer must indicate how they claim for each preference point system).

(v) Authority to sign a bid

(vi) SBD 7: Contract form

Stage 2: Price and Specific goals evaluation

Preferential Procurement Evaluation Based On The 80/20 Or 90/10 Principle

The applicable formula (80/20) will be utilized to evaluate the bid, of which eighty (80/90) points are allocated for price

as allocated in the enclosed form SBD 6.1. that must be completed, and the remaining twenty (20) points are

allocated for the specific goals as indicated in the table below

Responsive bids will be adjudicated by the State on the 80/20-preference point claim in terms of the Preferential

Procurement Regulation 2022 which points are awarded to bidders on the basis of:

a) The bid price (maximum 80points)

b) Specific Goals (maximum 20points)

Yes No Yes No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] ARE YOU THE ACCREDITED ARE YOU A FOREIGN BASED Yes No REPRESENTATIVE IN Yes No SUPPLIER FOR THE GOODS SOUTH AFRICA FOR THE /SERVICES /WORKS [IF YES, ANSWER THE GOODS /SERVICES [IF YES ENCLOSE PROOF] OFFERED? QUESTIONNAIRE BELOW ] /WORKS OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW. PART B TERMS AND CONDITIONS FOR BIDDING

Bid submission: 1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for consideration. 1.2. All bids must be submitted on the official forms provided– (not to be re-typed) or in the manner prescribed in the bid document. 1.3. This bid is subject to the preferential procurement policy framework act, 2000 and the preferential procurement regulations, 2022. The general conditions of contract (gcc) and, if applicable, any other special conditions of contract. 1.4. The successful bidder will be required to fill in and sign a written contract form (sbd7).

TAX COMPLIANCE REQUIREMENTS 2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.” NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted e.g. company resolution) DATE: ................................................... NOTICES TO RESPONDENTS REGARDING THE COMPLETION OF FORMS PLEASE NOTE THAT THIS CALL FOR BIDS IS SUBJECT TO TREASURY REGULATIONS 16A ISSUED IN TERMS OF THE PUBLIC FINANCE MANAGEMENT ACT, 1999.

Unless inconsistent with or expressly indicated otherwise by the context, the singular shall include the plural and vice versa and with words importing the masculine gender shall include the feminine and the neuter.

Under no circumstances whatsoever may the Bids forms be retyped or redrafted, but can be completed online without changing any words. Photocopies of the original Bids documentation may be used, but an original signature must appear on such photocopies.

The Respondent is advised to check the number of pages and to satisfy himself that none are missing or duplicated.

Bids submitted must be complete in all respects.

Bids shall be submitted through the designated submission platform indicated not later than the closing time specified for their receipt, and in accordance with the directives in the Bids documents.

Each Bid shall be addressed in accordance with the directives in the bid documents. Where bids are required to be submitted to a physical address, bid shall be lodged in a separate sealed envelope, with the name and address of the Respondent, the Bid number and closing date indicated on the envelope. The envelope shall not contain documents relating to any Bids other than that shown on the envelope. If this provision is not complied with, such Bids may be rejected as being invalid.

All Bids received in sealed envelopes with the relevant Bids numbers on the envelopes are kept unopened in safe custody until the closing time of the Bids. Where, however, a bid is received open, it shall be sealed. If it is received without a bid number on the envelope, it shall be opened, the Bid number ascertained, the envelope sealed, and the Bid number written on the envelope.

A specific box is provided for the receipt of Bids, and no Bids found in any other box or elsewhere subsequent to the closing date and time of Bids will be considered. This requirement applies only to bids submitted in physical form.

No Bids sent through the post/courier will be considered if it is received after the closing date and time stipulated in the BIDS documentation, and proof of posting/couriering will not be accepted as proof of delivery. This requirement applies only to bids submitted in physical form

No Bids submitted by telefax, telegraphic will be considered.

Bids documents must not be included in packages containing samples. Such Bids may be rejected as being invalid.

Any alteration made by the Respondent must be initialed. If not initialed the Respondent may be disqualified.

Use of correcting fluid is prohibited

Bids will be opened in public as soon as practicable after the closing time of Bids.

Where practical, prices will be made public at the time of opening Bids. Rights to Award

Border Management Authority reserves the right to call for presentations from shortlisted suppliers or Reserves the Right to accept bids in Whole or In Part.”

Not to make any award in this bid or accept any proposals submitted,

Award the project to more than one (1) Respondent for the same activity

Request further technical/functional information from any Respondent after the closing date,

Verify information and documentation of the Respondent(s),

Not to accept any of the bid document submitted,

To withdraw or amend any of the bid conditions by notice in writing to all Respondents prior to closing of the bid and post award, and

If an incorrect award has been made to remedy the matter in any lawful manner it may deem fit.

Apply objective criteria

Service providers are not allowed to utilize employees that are non-South African Citizen, this may lead to contract termination unless vetted and having work permit. Price Negotiation BMA reserves the right to negotiate with the shortlisted Respondents prior and/or post award. The terms and conditions for negotiations will be communicated to the shortlisted Respondents prior to invitation to negotiations. The negotiation terms and conditions may include presentations and/or site visits. This phase is meant to ensure the conditions of bid and projects will be implementable for the achievement of the project objectives. BMA supports the spirit of economic empowerment and recognizes that real empowerment can only be achieved through individuals and businesses conducting themselves in accordance with the Constitution and in an honest, fair, equitable, transparent and legally compliant manner. Against this background the BMA does not support any form of fronting. Payment

The service provider will be paid in South African Rands, on a fixed price (Inclusive of VAT) for the service rendered.

Payment will be made within 30 days of receipt of the approved invoice according to an agreed payment schedule.

Points Allocation: 3 points

B-BBEE Details: BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:

Jimmy SibiyaCONTACT PERSON CONTACT PERSON

Telephone n/a

Telephone number number

Facsimile n/a

Facsimile number number

[email protected] [email protected]

(NO qoute should be sent to this

E-mail address email except enquires) e-mail address

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration

Number

Supplier compliance tax compliance central

Status system pin: or supplier

DATABASE No: MAAA

B-bbee status level tick applicable box] b-bbee status level [tick applicable box]

Verification sworn affidavit

Certificate

Yes No Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE

Submitted in order to qualify for preference points for b-bbee]

ARE YOU THE ACCREDITED ARE YOU A FOREIGN BASED Yes No

REPRESENTATIVE IN Yes No SUPPLIER FOR THE GOODS

South africa for the /services /works [if yes, answer the

Goods /services [if yes enclose proof] offered? Questionnaire below ]

/Works offered?

Questionnaire to bidding foreign suppliers

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

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

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

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

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

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

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

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be deli

completed online without changing any words. Photocopies of the original Bids documentation

may be used, but an original signature must appear on such photocopies.

4.1 Supply and install 60mm paving blocks to 1600 M2

parking bays and driveway or front office area

– preferable use of interlocking concrete

bricks pavers

4.2 Supply, lay and compact minimum of 100mm 1450 M2

of DTp1 crushed stone sub-base material to

falls and levels

4.3 Semi-Mountable Kerbs – to prevent vehicles 1600 M2

from moving past a demarcated parking

area/s or front building area and parking lots

4.4 Install Channel Kerbs – to channel the flow of 320 M

excess water away from various building

surfaces and paving

4.5 Clear site of all debris and rubbles on 1 Sum

completion and make good and dump to

designated dumping zone

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 anything 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.

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation

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

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin

may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from

www.treasury.gov.za

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 anti-dumping or countervailing right is increased in respect of any dumped or subsidized

import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the

said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or

where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand

be paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any) which may otherwise

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

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

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice

to him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and

such posting shall be deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be

reckoned from the date of posting of such notice.

paving for the BMA Port Health office.

1.2 Background

The Border Management Authority (BMA) of South Africa is a Schedule 3A public entity that was established in terms of

the Border Management Authority Act, No. . The Authority plays a critical role in strengthening the country’s

border management system by ensuring the seamless facilitation of legitimate trade and travel, while simultaneously

safeguarding national security, sovereignty, and the integrity of South Africa’s borders.

Through this Request for Proposal (RFP), the BMA invites suitably experienced, and capable contractors to supply and

provision of drive-way and front building area paving envisaged to allow for the easy access to the parking area and

building by officials and visitors.

4.1. Supply and install 60 mm paving blocks to parking m2 1600

bays and driveway or front office area - preferable

use of Interlocking Concrete Bricks Pavers

4.2. Supply, lay and compact minimum of 100mm of m2 1450

DTp1 crushed stone sub-base material to falls

and levels

4.3. Semi-Mountable Kerbs –to prevent vehicles from m2 1600

moving past a demarcated parking area/s or front

building area and parking lots

4.4. Install Channel Kerbs – to channel the flow of excess m 320

water away from various building surfaces and

paving.

4.5. Clear site of all debris and rubbles on Sum 1

completion and make good and dump to

designated dumping zone

• All work must comply with relevant environmental and safety regulations.
• Use of high-quality materials and adherence to industry standards for mechanical work service.
• All work to comply with BS 7533:Part 4 2006.

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and

that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier

further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship

(except when the design and/or material is required by the purchaser’s specifications) or from any act or omission of the

supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been

delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment

from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or

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

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed

to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights

which the purchaser may have against the supplier under the contract.

16 Payment

16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfillment of

other obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or

claim by the supplier.

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

17 Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices

quoted by the supplier in his bid, with the exception of any price adjustments authorized in SCC or in the purchaser’s request

for bid validity extension, as the case may be.

18 Contract 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 supplier’s 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 cancelling the

contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not

supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel

the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be

entitled to claim damages from the supplier.

22 Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s)

specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract

price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current

prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider

termination of the contract pursuant to GCC Clause 23.

23 Termination for default

23.1 The 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.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on

the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be

allowed a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be

imposed. Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard the intended

penalty as not objected against and may impose it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion of the Accounting Officer /

Authority, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly

exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or

person the first-mentioned person, is or was in the opinion of the Accounting Officer / Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury,

with the following information:

a. the name and address of the supplier and / or person restricted by the purchaser;

b. the date of commencement of the restriction

c. the period of restriction; and

d. the reasons for the restriction.

23.6.1 These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from doing

business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of

Corrupt Activities Act, No. , the court may also rule that such person’s name be endorsed on the Register for Tender

Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with

the public sector for a period not less than five years and not more than 10 years. The National Treasury is empowered to

determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the

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

24 Anti-dumping 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 anti-dumping or countervailing right is increased in respect of any dumped or subsidized

import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the

said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or

where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand

be paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any) which may otherwise

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

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

25 Force 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 by such mutual consultation, then either

the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in

respect of this matter may be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and

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

28 Limitation of liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;

i. the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential

loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not

apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and

ii. the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed

the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective

equipment

29 Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged

by the parties shall also be written in English.

30 Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC.

31 Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice

to him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and

such posting shall be deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be

reckoned from the date of posting of such notice.

32 Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside

the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted

goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid the Department

must be in possession of a tax clearance certificate, submitted by the bidder. This certificate must be an original issued by the

South African Revenue Services.

33 National Industrial Participation (NIP) Programme

33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts that are subject

to the NIP obligation.

34. Prohibition of Restrictive practices

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement between, or concerted practice

by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder (s)

is / are or a contractor(s) was / were involved in collusive bidding (or bid rigging).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has / have engaged in the

restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and

possible imposition of administrative penalties as contemplated in the Competition Act No. .

Specification or terms of reference

Border management authority (bma) invites all interested parties to respond to the request

For proposal (RFP) to supply and provission of work access drive-way and front building

Parking area paving at bma city deep satellite office: 13 aungus street, city deep TRANSNET

Building.

The successful supplier will supply, deliver and install the following services for BMA new office at rooms 41/42 and

43 open area/ open plan, under-ceiling open plan office as specified in the Paragraph 2 below:

1.1 Purpose

The successful supplier will supply and provision of work access drive-way and front office/ building area

paving for the BMA Port Health office.

1.2 Background

The Border Management Authority (BMA) of South Africa is a Schedule 3A public entity that was established in terms of

the Border Management Authority Act, No. . The Authority plays a critical role in strengthening the country’s

border management system by ensuring the seamless facilitation of legitimate trade and travel, while simultaneously

safeguarding national security, sovereignty, and the integrity of South Africa’s borders.

Through this Request for Proposal (RFP), the BMA invites suitably experienced, and capable contractors to supply and

provision of drive-way and front building area paving envisaged to allow for the easy access to the parking area and

building by officials and visitors.

2. Scope of Work will be as per below BOQ:

2.1 Bill Of Quantities (BOQ)

Project: Supply and provision of Drive-Way and Front Office/ Building Paving for BMA Port Health Satellite Office.

Location: 13 Angus Street, City Deep, Transnet Building

District: City Deep

Town: Johannesburg, 2000

Boq items:

Item description unit qty rate (ZAR total amount (ZAR)

1. Preliminaries And General Works Requirements

1.1. Establishment and mobilization to site/ plant Per Unit 1

1.2. De-establishment and site handover Per Unit 1

2. Site Preparations

2.1. Excavate to required depth m3 247.52

2.2. Load, cart and dispose of surplus material to m3 247.52

approved dump site

2.3. Rim & edge, level and compact sub-grade to 90% m2 1600

Mod AASHTO

3. Sub-Base And Base-works

3.1. Precast concrete edging Krebs including m 90

concrete haunching and reinforcement

3.2. Supply and provide concrete edging m3 7

(All work to comply with BS 7533:Part 4 2006)

4. Paving Installation

4.1. Supply and install 60 mm paving blocks to parking m2 1600

bays and driveway or front office area - preferable

use of Interlocking Concrete Bricks Pavers

4.2. Supply, lay and compact minimum of 100mm of m2 1450

DTp1 crushed stone sub-base material to falls

and levels

4.3. Semi-Mountable Kerbs –to prevent vehicles from m2 1600

moving past a demarcated parking area/s or front

building area and parking lots

4.4. Install Channel Kerbs – to channel the flow of excess m 320

water away from various building surfaces and

paving.

4.5. Clear site of all debris and rubbles on Sum 1

completion and make good and dump to

designated dumping zone

Total for Material

Labour Cost

Grand Total (Including VAT)

3. Deliverables:

• Comprehensive works, maintenance and repairs within the office building, ensuring optimal performance of HVAC

System.

• Replacement of any damaged or worn-out components as the above table descriptions.
• Testing and commissioning of the mechanical and electrical and associated piping issues as listed and mentioned

paragraph 5.

• Submission of a detailed service report upon completion.

4. Compliance and Standards:

• All work must comply with relevant environmental and safety regulations.
• Use of high-quality materials and adherence to industry standards for mechanical work service.
• All work to comply with BS 7533:Part 4 2006.

5. Additional Requirements:

• Post works joint inspection and after-service support for the work completed; and
• GB – General Building Grade-1 and above as per built environment -or Project Management.
• Proof of CIDB 1 or above.

6. Site Briefing :

• A compulsory site briefing will be held on a date specified on SBD 1 above, Attendance is mandatory for all

prospective contractors to ensure full understanding of the site conditions and scope of work.

Project Objectives

The successful bidder is expected to adhere to the overarching objectives of this project, as provided below:

7. Project Implementation/Deliverables

The service provider will be expected to implement to supply and delivery this service within a reasonable period of no longer

than two (2) months from the date of contract award, unless otherwise agreed with the BMA. The implementation must follow

a phased approach to ensure proper planning, execution and observatory testing.

The following sequential phases should guide the implementation process: Annexure A

8. Confidentiality Of Information

All information shared during this bidding process and implementation of this project should the supplier be appointed,

remains the property of BMA, and should be kept with the highest confidentiality and cannot be used or shared for any other

purpose.

9. Remuneration

a. The supplier will be remunerated in South African Rands, on a fixed price(Inclusive of VAT) for the service

rendered.

b. Payment will be made within 30 days of receipt of the approved invoice according to an agreed payment schedule.

c. Payment will be against the key deliverables as set out in section 4 above, provided professional-level quality

standards have been met. Disputes as to what constitutes a reasonable standard will be referred to an agreed

provider of arbitration services.

10. Rules Of Bidding, RFP Submission Requirements And Evaluation Rules Of Bidding

The Border Management Authority reserves to itself the right to only appoint and enter into a contractual agreement with

one entity or multiple entities for the services required, which entity or entities could be an independent contractor or

independent contractors or a company or companies. The appointed entity or entities will be held fully accountable for

the delivery against the full terms of the contractual agreement with the BMA.

The Border Management Authority reserves the right to terminate this appointment or temporarily defer the work, or

any part thereof, should it deem necessary. Should the contract between the BMA and the service provider be

terminated by either party due to reasons not attributable to the supplier, the supplier will be remunerated for the

Driveway & exterior building paving h004l2709rfq00156

appropriate portion of work completed up to a maximum amount of not more than the total fee quoted by the supplier for

the appropriate phase of the project during which the appointment was terminated.

No data derived from the supplier for the supply of the goods under the contract may be used for any purposes

except where authorization in writing to do so has been granted.

The costs of preparing proposals and negotiating the contract shall be borne by the bidder and such costs are not

reimbursable. The Border Management Authority is not bound to accept any of the bids submitted and reserves the right

to negotiate price(s) with the preferred bidder. The bidder may request clarification on these Terms of Reference only during

the advertised period. The Border Management Authority will not accept any late submissions.

11. The Bids Will Be Evaluated As Follows:

Stage 1: Administrative Compliance

Suppliers must ensure that the following documents are attached, signed, and completed:

(i) SBD 1: Invitation to quote/bid

(ii) SBD 3: Pricing Schedule

(iii) SBD 4 form: Bidders Disclosure

(iv) SBD 6.1 form: Preference Points claim form in terms of the Preferential Procurement Regulation 2022;

(Note to tenderers: the tenderer must indicate how they claim for each preference point system).

(v) Authority to sign a bid

(vi) SBD 7: Contract form

Stage 2: Price and Specific goals evaluation

Preferential Procurement Evaluation Based On The 80/20 Or 90/10 Principle

The applicable formula (80/20) will be utilized to evaluate the bid, of which eighty (80/90) points are allocated for price

as allocated in the enclosed form SBD 6.1. that must be completed, and the remaining twenty (20) points are

allocated for the specific goals as indicated in the table below

Responsive bids will be adjudicated by the State on the 80/20-preference point claim in terms of the Preferential

Procurement Regulation 2022 which points are awarded to bidders on the basis of:

a) The bid price (maximum 80points)

b) Specific Goals (maximum 20points)

Supply Chain Management Quotation Pack

Invitation to Quote Standardized August 2026

• Border Management Authority reserves the right to call for presentations from shortlisted

suppliers or Reserves the Right to accept bids in Whole or In Part.”

• Not to make any award in this bid or accept any proposals submitted,
• Award the project to more than one (1) Respondent for the same activity
• Request further technical/functional information from any Respondent after the closing date,
• Verify information and documentation of the Respondent(s),
• Not to accept any of the bid document submitted,
• To withdraw or amend any of the bid conditions by notice in writing to all Respondents prior to

closing of the bid and post award, and

• If an incorrect award has been made to remedy the matter in any lawful manner it may deem fit.
• Apply objective criteria
• Service providers are not allowed to utilize employees that are non-South African Citizen, this

may lead to contract termination unless vetted and having work permit.

• The service provider will be paid in South African Rands, on a fixed price (Inclusive of VAT) for the

service rendered.

• Payment will be made within 30 days of receipt of the approved invoice according to an agreed

payment schedule.

• Payment will be against the key deliverables as set out in section 4 above, provided professionallevel quality standards have been met. Disputes as to what constitutes a reasonable standard will be

referred to an agreed provider of arbitration services.

• Disbursements must not exceed 10% of the total amount paid to the service provider and will be paid

only if original receipts are provided against a list of expenses that are agreed in advance of the costs

being incurred.

• Delivery basis ..........................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed

destination.

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies.

*Delete if not applicable

Sbd 4

Bidder’s disclosure

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]

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: ...............................................................

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

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

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

Sbd 7.1

Contract form - purchase of goods/works (sign this page as the

Service provider)

This form must be filled in duplicate by both the successful bidder (part

1. and the purchaser (part 2). Both forms must be signed in the original

commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from

its components.

1.7 “Day” means calendar day.

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

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

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

site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the

supplies are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of

the country of origin and which have the potential to harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not

foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or

revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a

contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed

to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser

under the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which

have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs

abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar

tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic

where the supplies covered by the bid will be manufactured.

1.17 “Local content” means that portion of the bidding price which is not included in the imported content provided that local

manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes

other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental

services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security,

maintenance and other such obligations of the supplier covered under the contract.

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

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:

7.4 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

7.5 a cashier’s or certified cheque

7.6 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.

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.

11.2 Upon appointment by the Head of Department the service provider will be required to have a Professional Indemnity insurance

of a minimum cover of R160 million.

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 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or

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

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed

to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights

which the purchaser may have against the supplier under the contract.

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 supplier’s 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 cancelling 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, 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.

23.1 The 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.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on

the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be

allowed a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be

imposed. Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard the intended

penalty as not objected against and may impose it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion of the Accounting Officer /

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 by such mutual consultation, then either

the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in

respect of this matter may be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and

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

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;

i. the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential

loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not

apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and

ii. the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed

the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective

equipment

remains the property of BMA, and should be kept with the highest confidentiality and cannot be used or shared for any other

purpose.

a. The supplier will be remunerated in South African Rands, on a fixed price(Inclusive of VAT) for the service

rendered.

b. Payment will be made within 30 days of receipt of the approved invoice according to an agreed payment schedule.

c. Payment will be against the key deliverables as set out in section 4 above, provided professional-level quality

standards have been met. Disputes as to what constitutes a reasonable standard will be referred to an agreed

provider of arbitration services.

• Payment will be against the key deliverables as set out in section 4 above, provided professionallevel quality standards have been met. Disputes as to what constitutes a reasonable standard will be

The evaluation will be evaluated as follows

vi. SBD 6.1 form: Preference Points claim. Attach

Rence points claim form in terms of the preferential

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

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

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

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC 100

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

preference points for specific goals are not claimed.

adjudicated or at any time subsequently, to substantiate any claim in regard to preferences,

Preference points claim form in terms of the preferential

Stage 1: Administrative Compliance

(iv) SBD 6.1 form: Preference Points claim form in terms of the Preferential Procurement Regulation 2022;

(Note to tenderers: the tenderer must indicate how they claim for each preference point system).

Stage 2: Price and Specific goals evaluation

Preferential Procurement Evaluation Based On The 80/20 Or 90/10 Principle

The applicable formula (80/20) will be utilized to evaluate the bid, of which eighty (80/90) points are allocated for price