{"name":null,"email":null,"phone":null,"department":null,"address":"Should any bidder have any inquiries relating to this invitation to bid, such inquiries may only be addressed to the"}

Appointment of a panel of service providers for the

Provision of catering services for the department

Of cooperative governance for a period of twenty-

Four (24) months.

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

attached as Part 3 – Schedule C which completed form/s must be submitted together with the bid documents.

5.2 Pricing must be stipulated INCLUSIVE OF VALUE ADDED TAX

5.3 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 Part 3 – Schedule C

6. Bidder’s disclosure

The bidder should submit a duly completed and signed bidder’s disclosure (SBD 4) together with the bid. The bidder’s

disclosure is attached as Part 3 – Schedule D.

7. Preferential points claim form in terms of the preferential procurement regulations of 2022.

The bidder must complete the preferential points claim form (SBD 6.1) and sign accordingly to submit with the bid.

The preferential points claim form is attached as Part 3 – Schedule E.

Name of bidder: ....................................................................................................................... Bid NO: COGTA (t) 01/2026

Closing time 11:00am closing date: 25 september 2026

Offer to be valid for 120 days the closing date of the bid.

Bid number item description total bid price VAT

INCLUSIVE (In SA Currency)

COGTA (t) appointment of a panel of service providers

01/2026

For the provision of catering services for

The department of cooperative governance

For a period of twenty-four (24) months.

VAT

Total bid price

NB: all applicable taxes” includes Value- Added Tax, Pay As You Earn, Income Tax, Unemployment Insurance Fund Contributions

And Skills Development Levies etc.

1. The bidder herewith confirm that the above bid prices are correct:

Signature Date

Name of Signatory

Designation of Signatory

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Part 3 – schedule d sbd 4

Bidder’s disclosure

1. Purpose of the form

Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid. In line with the

principles of transparency, accountability, impartiality, and ethics as enshrined in the Constitution of the

Republic of South Africa and further expressed in various pieces of legislation, it is required for the bidder to

make this declaration in respect of the details required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and / or the List of Restricted Suppliers, that

person will automatically be disqualified from the bid process.

2. Bidder’s declaration

2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person having a

controlling interest1 in the enterprise,

employed by the state? YES/NO

2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if applicable, state employee numbers

of sole proprietor/ directors / trustees / shareholders / members/ partners or any person having a controlling

interest in the enterprise, in table below.

Full Name Identity Number Name of State institution

2.2 Do you, or any person connected with the bidder, have a relationship with any person who is employed by

the procuring institution? YES/NO

2.2.1 If so, furnish particulars:

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

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

2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or any person having a

controlling interest in the enterprise have any interest in any other related enterprise whether or not they

are bidding for this contract? YES/NO

2.3.1 If so, furnish particulars:

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

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

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

alternatively, the person/s having the deciding vote or power to influence or to direct the course and decisions

of the enterprise.

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87 Johannes Ramokhoase (Hamilton) Street Pretoria,

Arcadia, 0002

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Part 3 - schedule c sbd 3.2

Pricing schedule

Name of bidder: ....................................................................................................................... Bid NO: COGTA (t) 01/2026

Closing time 11:00am closing date: 25 september 2026

Offer to be valid for 120 days the closing date of the bid.

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS website

Tcs pin is available but the bidder is registered on the central supplier database (csd), a csd

Csd registration report)

Csd number

Csd number must be provided

Central supplier database

Central supplier database (csd), a csd

completing all aspects of the Pricing Schedule form Part 3 – Schedule C

The bidder should submit a duly completed and signed bidder’s disclosure (SBD 4) together with the bid. The bidder’s

The bidder must complete the preferential points claim form (SBD 6.1) and sign accordingly to submit with the bid.

Suppliers after verifying that they are registered as prospective suppliers on the central supplier database

(Csd). In order for the department to verify your company’s registration with central supplier database

(Csd) please provide the following information

(Nb: attach a copy of csd registration report)

• The SBD 1 and all other application forms attached as Part 4 must be completed and signed in the original that is in ink.

Sbd 1 .................................................................................................................................................. 3

IT is not a requirement to register for a tax compliance status

2. Tax compliance requirements

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

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

Points Allocation: 3 points

B-BBEE Details: ate

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

Position Name of bidder

2 Joint venture or Consortium means an association of persons for the purpose of combining their expertise,

property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

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Part 3 – schedule e sbd 6.1

Preference points claim form in terms of the preferential procurement

Regulations 2022

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

serves as a claim form for preference points for specific goals.

Nb: before completing this form, tenderers must study the general

Conditions, definitions and directives applicable in respect of the

Tender and preferential procurement regulations, 2022

1. General conditions

1.1 The following preference point systems are applicable to invitations to 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

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 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 80

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

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

tender to claim points for specific goals with the tender, will be interp

(whose signature appears below) has been duly authorised to sign all documents in connection with this bid on behalf

of

(Name of Company) .............................................................................................................................................

In his/her capacity as: ............................................................................................................................

Signed on behalf of company: .............................................................................................................

(Print name)

Signature of signatory: ................................................DATE: ............................................................

Witnesses: 1 ......................................................................DATE:...................................................................

2 .................................................................... ..DATE:..................................................................

B. Sole proprietor (one - person business)

(whose signatures appear below) have been duly authorised to sign all documents in connection with this bid on behalf

of:

(Name of Joint Venture)...................................................................................................................................................

In his/her capacity as:........................................................................................................................................

Signed on behalf of (company name):...........................................................................................................

(Print name)

Signature..........................................................................DATE:.............................................................................

In his/her capacity as:........................................................................................................................................

Signed on behalf of (company name):...........................................................................................................

(Print name)

Signature:...........................................................................DATE:...........................................................................

In his/her capacity as:........................................................................................................................................

Signed on behalf of (company name):...........................................................................................................

(Print name)

Signature:...........................................................................DATE:...........................................................................

In his/her capacity as:..................................................................................................................................

Signed on behalf of (company name):...........................................................................................................

(Print name)

Signature:.....................................................................................DATE:..................................................................

(whose signature appear below) have been duly authorised to sign all documents in connection with this bid on behalf

of:

(Name of Consortium)......................................................................................................................................................

In his/her capacity as:........................................................................................................................................

Signature:................................................................................................DATE:.......................................................

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Part 2 pre – qualification

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.

I, the undersigned, (name)............................................................................... in submitting the accompanying bid,

do hereby make the following statements that I certify to be true and complete in every respect:

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

3.2 I understand that the accompanying bid will be disqualified if this disclosure is found not to be true and

complete in every respect;

3.3 The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However, communication between

partners in a joint venture or consortium2 will not be construed as collusive bidding.

3.4 In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications, prices, including methods, factors or formulas used

to calculate prices, market allocation, the intention or decision to submit or not to submit the bid, bidding

with the intention not to win the bid and conditions or delivery particulars of the products or services to which

this bid invitation relates.

3.4 The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or

indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the

contract.

3.5 There have been no consultations, communications, agreements or arrangements made by the bidder with

any official of the procuring institution in relation to this procurement process prior to and during the bidding

process except to provide clarification on the bid submitted where so required by the institution; and the

bidder was not involved in the drafting of the specifications or terms of reference for this bid.

3.6 I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive

practices related to bids and contracts, bids that are suspicious will be reported to the Competition

Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the

Competition Act No and or may be reported to the National Prosecuting Authority (NPA) for

criminal investigation and or may be restricted from conducting business with the public sector for a period

not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No

or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS CORRECT.

I accept that the state may reject the bid or act against me in terms of paragraph 6 of PFMA

SCM instruction /22 on preventing and combating abuse in the supply chain

16. Payment

17. Prices

18. Contract amendments

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

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24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

34. Prohibition of restrictive practices

General Conditions of Contract

1. Definitions.

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 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. 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

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submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits

of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

purchaser under the contract.

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

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

inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import

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

charges to the factory in the Republic where the supplies covered by the bid will be manufactured.

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

local manufacture does take place.

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

includes other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

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

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

2. Application.

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

services, sales, hiring, letting, and the granting or acquiring of rights, but excluding immovable property, unless

otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of a contract are also laid down to cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

3. General.

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

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

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

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

electronically from www.treasury.gov.za.

4. Standards.

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

5. Use of contract documents and information; inspection.

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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 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.

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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.

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:

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(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 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 fulfilment

of other obligations stipulated in the contract.

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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

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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

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

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

Officer / Authority, also be applicable to any other enterprise or any partner, manager, director or other person who

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

with which enterprise or person the first-mentioned person, is or was in the opinion of the Accounting Officer /

Authority actively associated.

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

Treasury, with the following information:

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

(ii) The date of commencement of the restriction

(iii) The period of restriction; and

(iv) The reasons for the restriction. These details will be loaded in the National Treasury’s central databaseof 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

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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.

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28. Limitation of liability

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

(a) The supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential

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

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

(b) 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.

34.1 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. .

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34 Prohibition of Restrictive practices

34.3 If a bidder(s) or contractor(s), has / have been found guilty by the Competition Commission of the restrictive practice

referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate

the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or

contractor(s) from conducting business with the public sector for a period not exceeding ten (10) years and / or claim

damages from the bidder(s) or contractor(s) concerned.

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Part 3 – schedule b special conditions of

Contracts (scc)

(a) Selection of company/ resources when required

COGTA reserves the right to appoint one or more bidders for a single task mission. Bidders should adhere to this condition.

(b) Intellectual property rights and ownership of material

All intellectual property rights relating to any work produced by the service provider in relation to the performance of this

Contract shall belong to COGTA The service provider shall give COGTA every assistant in protecting such intellectual

property rights. All material, in paper, electronic or any recorded format produced by the service provider in the

performance of this Contract shall remain the property of COGTA and must be handed over to COGTA within one month

of the completion of the contract.

All service providers undertake not to infringe the intellectual property of third parties. Should any action or claim be

instituted against the COGTA emanating from an infringement of intellectual property or an alleged infringement of

intellectual property, the service provider hereby indemnify COGTA against such claims or actions as well as all costs

(including legal costs on an attorney and client scale).

(c) Amendments and variation

The terms of reference together with the offer made by the Service Provider and the acceptance thereof by COGTA, as

well as the General Conditions of Contract shall constitute the formal agreement between COGTA and the Service

Provider. No amendment of this agreement, variation, waiver, relaxation or suspension of any of the provisions thereof

shall have any force or effect unless reduced to in writing and signed by both parties.

(d) Settlement of Disputes

All disputes will be settled within a period of 14 days through mediation proceedings.

(e) Ad hoc assessments

Assessments of the performance of the service provider will be conducted on an ad-hoc basis. If there is dissatisfaction

with the performance, written notice outlining the deficiencies will be provided to the service provider who will have

two weeks to rectify the deficiency, failing which the contract will be terminated.

(f) Termination of the contract

(i) Service Provider must start to work on the Project 24 hrs after an approval of a project has been granted.

(ii) If the service provider does not start to work on the project and after 14 days written notice addressed to his

domicilium address to start still fails to start on the project, this contract may be cancelled forthwith.

(iii) This contract may be cancelled for reasons other than poor performance or breach of contract, by giving the

service provider 14 days written notice to rectify or address the cause of concern where-after COGTA shall have

the right to summarily cancel the contract upon written notice to the service provider.

(f) Communication

All communication must be done via the COGTA – SCM officials who will be the designated contract officer/s of COGTA

responsible for the management of this contract.

(h) Service of Notices

All notices to COGTA will be served to the following physical address:

The Department of Cooperative Governance

87 Johannes Ramokhoase (Hamilton) Street Pretoria,

Arcadia, 0002

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Part 3 - schedule c sbd 3.2

12.1. 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 DCoG. The DCoG 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.

15.1. The information contained in the invitation to bid has been prepared in good faith. The DCoG nor any of their

respective directors, advisors, officers, employees, agents, or 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.

15.2. 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.

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. 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

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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: (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:

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(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

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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

he 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

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.

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.

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

(a) The supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential

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

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

(b) 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.

(b) Intellectual property rights and ownership of material

instituted against the COGTA emanating from an infringement of intellectual property or an alleged infringement of

intellectual property, the service provider hereby indemnify COGTA against such claims or actions as well as all costs

(including legal costs on an attorney and client scale).

(c) Amendments and variation

shall have any force or effect unless reduced to in writing and signed by both parties.

(d) Settlement of Disputes

All disputes will be settled within a period of 14 days through mediation proceedings.

(e) Ad hoc assessments

with the performance, written notice outlining the deficiencies will be provided to the service provider who will have

two weeks to rectify the deficiency, failing which the contract will be terminated.

(f) Termination of the contract

(i) Service Provider must start to work on the Project 24 hrs after an approval of a project has been granted.

(ii) If the service provider does not start to work on the project and after 14 days written notice addressed to his

domicilium address to start still fails to start on the project, this contract may be cancelled forthwith.

(iii) This contract may be cancelled for reasons other than poor performance or breach of contract, by giving the

service provider 14 days written notice to rectify or address the cause of concern where-after COGTA shall have

the right to summarily cancel the contract upon written notice to the service provider.

(f) Communication

All communication must be done via the COGTA – SCM officials who will be the designated contract officer/s of COGTA

responsible for the management of this contract.

(h) Service of Notices

NB: all applicable taxes” includes Value- Added Tax, Pay As You Earn, Income Tax, Unemployment Insurance Fund Contributions

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

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

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

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC GOALS 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,

the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the

Preference points claim form in terms of the preferential procurement