Who should be contacted for queries about this tender?

{"name":"Mr Mvelo","email":"mthandam@dws.gov.za","phone":"033 239 1212","department":"OF WATER AND SANITATION","address":null}

Water and Sanitation Tender WTE-2628ES KwaZulu-Natal

At a GlanceAI Enhanced

Tender Type

Request for Quotation

Delivery Location

AS PER SPECIFICATION - AS PER SPECIFICATION - AS PER SPECIFICATION - 3290

Organization Type

GOVERNMENT

Published

07 Sept 2026

OCDS Reference

ocds-9t57fa-169314

Summary

The department of water and sanitation invites bids for the supply and delivery of 22 line items of professional-grade outdoor power equipment and accessories — including brush cutters, chainsaws, pole saws, portable diesel pumps, dewatering pumps, generators, chain reels and a range of spare parts and safety gear — for use by the operations eastern unit in kwazulu-natal. The contract will be awarded under the 80/20 preference points system; the single most consequential requirement is full technical compliance with the detailed specifications for every item, as non-compliance renders the bid non-responsive.

Key Requirements

Closing date and time: 30 September 2026 at 11:00; bids must be deposited in the bid box at the entrance of Water and Sanitation – Midmar Dam, R103 Prospect Road, Howick, 3290 (or posted to Private Bag X24, Howick, 3290).

Mandatory returnable documents: SBD 1 (Invitation to Bid), SBD 3.1 (Pricing Schedule – Firm Prices), SBD 4 (Declaration of Interest), SBD 6.1 (Preference Points Claim), completed Bill of Quantities, company registration certificate (CIPC/CK), valid Tax Clearance Certificate or SARS Tax Compliance PIN, certified ID copies of shareholders, B-BBEE Status Level Verification Certificate or sworn affidavit, letter of authority to sign, signed General Conditions of Contract, comprehensive CSD report, and checklist of returnable documents.

Eligibility thresholds: active registration on National Treasury Central Supplier Database (provide MAAA number), tax compliance verified via CSD/SARS, CIPC registration, valid COIDA Letter of Good Standing or third-party insurance registered with FSB, and a Board Resolution or Power of Attorney authorising the signatory.

Technical compliance: every item must meet the detailed specifications in Section C3.1 (e.g., brush cutter 41.5 cm³, 1.5 kW; chainsaw 70.7 cm³, 3.9 kW; Silky Hayate 6.1 m pole saw or equivalent; portable diesel pump ≥500 L/min at 5 bar; dewatering pump 400–600 L/min, 26–75 m head; generator 5–7 kW, 230V, AVR); comprehensive brochures must be supplied for items 1–3.

Functionality evaluation: bidders are scored on team capability (organogram and 1-page CV of Project Manager/Site Agent with ≥2 years’ artisan experience), proposed construction programme, past relevant work (one award letter/completion certificate of similar scope), and methodology covering work sequence, time, resources, HSE assessments, control measures and welfare facilities; failure to comply in full leads to disqualification.

Pricing: firm prices only (no escalation); all delivery costs to the prescribed destination must be included; VAT at 15% shown separately; offer valid for 120 days from closing date.

Specific goals (20 points): Women ownership (5), Disability ownership (5), Youth ownership (5), Location in KwaZulu-Natal (2), B-BBEE Level 1–2 QSE/EME (3); points claimed pro-rata to equity ownership and verified via full CSD report and valid B-BBEE certificate/affidavit.

Back to All Tenders

Next Tender

DocumentWTE-2628ES.pdfReview complete

Important Dates

Source: WTE-2628ES.pdf (TENDER)

{"closingDate":"30 SEPTEMBER 2026","closingTime":"11:00"}

Contact Information

Source: WTE-2628ES.pdf (TENDER)

{"name":"Mr Mvelo","email":"[email protected]","phone":"033 239 1212","department":"OF WATER AND SANITATION","address":null}

Submission Guidelines

Source: WTE-2628ES.pdf (TENDER)

Returnable Documents: *Please do not address your parcel to an official if you are making use of a delivery company., C2.2 BILL OF QUANTITIES C2.2

Evaluation Criteria

Source: WTE-2628ES.pdf (TENDER)

Bidders must be registered on the CSD (Central Supplier Database).

Bidders must complete and submit SBD 3.1 (Pricing Schedule) fully; failure to do so invalidates the bid.

Bidders must not be persons employed by the state (unless declared and permitted).

Bidders must not have a relationship with any person employed by the state that could constitute a conflict of interest.

Bidders must not be restricted from obtaining business from any organ of state (per SBD 8 declaration).

Bidders must not engage in collusive or price-disclosure practices (per SBD 9 declaration).

Technical Specifications

Source: WTE-2628ES.pdf (TENDER)

construction programme-

Provides a detailed list of tasks necessary to complete the works

Experience & Qualifications

Source: WTE-2628ES.pdf

the Project Manager or Site agent. capability

An Organogram with personnel relevant to the project.

Attach 1 page resume of Project Manager or Site Agent indicating, amongst Team

others, relevant qualifications, experience, accreditation/affiliation (where

relevant), etc. Artisan/Site Agent with 2 or more years’ experience.

to the project and encompass milestones Proposed construction programme Appropriate timeline and time estimates

Past relevant work Experience - One (1) award letters, completion certificates and

verifiable completion certificates of which the scope of work is relevant to the

project scope as prescribed in the project specification. relevant experience

Compliance Requirements

Source: WTE-2628ES.pdf (TENDER)

valid Tax Clearance Certificate issued by the South African

Tax Compliance status PIN Active registration with Company Intellectual Property Commission (to be verified

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 report

CSD Reports (comprehensive)

Csd number

Csd number must be provided

Central Supplier Database

Central supplier database (csd), a csd

completion certificates and

completion certificates of which the scope of work is relevant to the

C2.2 Bill of quantities c2.2

Should you require any further information in this regard, please do not hesitate to contact

SBD3.1 Pricing Schedule – Firm Prices

SBD4 Declaration of Interest

A: Bill of Quantities (BOQ)

2: An original valid Tax Clearance Certificate issued by the South African

3: Certified copies of Identity Documents of shareholders

7: CSD Reports (comprehensive)

VAT registration

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

B-BBEE Minimum Level: 1

Points Allocation: 80 points

B-BBEE Details: e scope of work with full understanding

and a logical structure.

Phase 3: administrative compliance

Bidders are required to comply with the following listed below:

No Criteria Yes No

1 Companies must be registered with National Treasury’s Central Supplier Database

must submit CSD report. Provide MAAA number on SBD1

2 Tax compliant with SARS (to be verified through CSD and SARS). Attach Tax

Compliance status PIN Active registration with Company Intellectual Property Commission (to be verified

through CSD and CIPC).

Attach copy of Bidder’s CIPC / CIPRO certificate.

4 A valid copy of B-BBEE Status Level Verification Certificate or a valid original sworn

affidavit (failure to submit, the Bidder will forfeit the relevant points allocated for B-

BBEE under specific goals)

Page | 6

No Criteria Yes No

5 A valid letter of Good Standing with the Compensation Commissioner in terms of the

Compensation for Occupational Injuries and Diseases Act No and or third

parties’ insurance registered with Financial Service Board (COIDA).

6 Initial and sign Tender data section (T1 & T2) and all required documents to be

submitted with tender.

Initial each page of section C1, C2 and C3 and sign where required.

7 Letter of appointment of duly authorized person to sign bid. Proof of such authority must

be submitted with the bid.

If by an individual, must be signed by that individual or by someone on his behalf duly

authorised thereto and proof of such authority must be produced.

If the bid is by a Company, it must be signed by a person duly authorised thereto by

a Resolution of a Board of Directors a copy of which Resolution, duly certified by the

Chairman of the Company is to be submitted with the bid.

8 Complete, sign, submit SBD1, SBD4, SBD6.1 and Annexures C (Loca

Health & Safety

Source: WTE-2628ES.pdf

(a) The bid must be signed on the Invitation to Bid form (SBD 1) annexed hereto with all blanks in the

bid and the appendix filled in.

(b) All spaces in the bid forms and other annexures shall be completed in full.

out by the bidder. Failure to do so will deem your bid invalid.

(d) The bid documents shall not be separated in any way nor must any pages be detached from the

original documents.

Methodology- Items (a-g) must be clearly outlined in the detailed method

statement.

a) Work Sequence

b) Time

c) Resources

d) Associated Health, Safety and Environmental Assessments

e) Control Measures

f) Welfare Facilities Methodology

I certify that the information furnished in paragraphs 1, 2

and 3 ABOVE IS CORRECT.

safety friction clamps hold the extensions firmly in place.

Specifications Teeth Configuration: 6.5 teeth per 30mmMetal:

Special alloy steel Length: 16.5 inches, 20 feet, 7.9 feet

Material: Aluminium and Rubber Colour: Silver and Yellow UPS

Oversize: Yes UPS Overweight: Yes Quantity per Box/Carton:

3Blade Thickness: 1.8mmKerf: 1.8mm

4 Portable Diesel 03 Portable diesel pumps generally fall into two categories: fuel transfer

Pump pumps (12V/240V electric or battery-powered) and diesel engine-

driven water/fire pumps. Typical specifications range from 40 to 85

L/min for fuel transfer units, and up to 500+ L/min for engine-driven

water pumps. Portable Diesel Fuel Transfer Pumps (12V / 24V DC)

Contractual Terms

Source: WTE-2628ES.pdf

1 Companies must be registered with National Treasury’s Central Supplier Database

must submit CSD report. Provide MAAA number on SBD1

2 Tax compliant with SARS (to be verified through CSD and SARS). Attach Tax

Compliance status PIN Active registration with Company Intellectual Property Commission (to be verified

through CSD and CIPC).

Attach copy of Bidder’s CIPC / CIPRO certificate.

parties’ insurance registered with Financial Service Board (COIDA).

6 Initial and sign Tender data section (T1 & T2) and all required documents to be

submitted with tender.

Initial each page of section C1, C2 and C3 and sign where required.

Required by: OPERATIONS EASTERN
Att: SUPPLY CHAIN MANAGEMENT
Brand and model ........................................
Country of origin ........................................
Does the offer comply with the specification(s)? *YES/NO
If not to specification, indicate deviation(s) .........................................
Period required for delivery ........................................

*Delivery: Firm/not firm

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

Page | 13

Sbd4

Bidder’s disclosure

1 Brush cutters with 05 Cylinder displacement: 41.5 cm3

harness or Power output: 1.5 kW

full kit Fuel capacity (litres): 0.94 litre

(Comprehensive Fuel consumption: 653 g/kWh

brochure must be provided) Maximum power speed: 7 500rpm

Idling speed: 2 500rpm

Clutch engagement speed (±120): 3 300rpm

Weight (excl. cutting equipment):

7.6 kg

Overall length (m): 1.483 m

Sound pressure level dBa: 99 dB(A) to 113 dB(A)

2 Chainsaw 05 Cylinder displacement: 70.7 cm3

(Comprehensive Power output: 3.9 kW

brochure must be provided) Recommended bar length, max: 28 in

Weight (excl. cutting equipment): 6.3 kg

Air Injection®
Adjustable oil pump
Quick-release air filter
Side-mounted chain tensioner
Magnesium crankcase

Page | 24

3 Pole saw 05 Silky Hayate 6.1m 3 Extension Pole Saw or similar pole saw. Heavy

(Comprehensive duty aluminium telescoping pole saw.

brochure must

provided) Technical Features

✓ Retracted length: 2440 mm (incl. blade)

✓ Extended length: 6300 mm (incl. blade)

✓ Blade length: 390 mm

✓ Teeth: extra-large (6.5 teeth per 30 mm)

✓ Limited lifetime warranty Fileable FPA Confirmed Limited

✓ 4- Retsume

✓ Nickle Coating

✓ Fileable

✓ FPA Confirmed

✓ Limited Lifetime Warranty

Section

Source: WTE-2628ES.pdf

T1.2 Evaluation criteria t1.2

The evaluation committee will be following a phased approach during evaluation.

T1.2 Evaluation criteria

DWS will evaluate all proposals according to the Preferential Procurement Regulations, 2022, using 80/20

preference points system as prescribed in the Preferential Procurement Policy Framework Act (PPPFA,

Act . The lowest acceptable bid will score 80 points for price and a maximum of 20 points will be

awarded for the specific goals. Maximum of 100 points will be scored for functionality (quality).

(2) Functionality Requirements

Phase 2: functionality compliance

be disqualified from further evaluation.

states that, if it is unclear whether the 80/20 preference point system applies, an organ

(a) an invitation for tender for income-generating contracts, that either the 80/20

preference point system will apply and that the highest acceptable tender will be

used to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point

the applicable preference point system, then the organ of state must indicate the

points allocated for specific goals for both the 90/10 and 80/20 preference point

Table 1: Specific goals for the tender and points claimed are indicated per the table

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is

applicable, corresponding points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each

preference point system.)

Number of points Number of points

The specific goals allocated points in

(80/20 system) (80/20 system) terms of this tender

Documentguidelines for local content.pdfReview complete

Contact Information

Source: guidelines for local content.pdf (unknown)

{"name":null,"email":null,"phone":"+27 12 394 9500","department":"of Trade and Industry","address":"Private Bag X84, PRETORIA, 0001, the dti Campus, 77 Meintjies Street, Sunnyside, 0002, Tel: (012) 394 0000"}

Submission Guidelines

Source: guidelines for local content.pdf (unknown)

Tenderers must submit Annexure C by the closing date and time as determined by the Tender Authority. The Tender Authority reserves the right to request Declarations D and E also be submitted. Tenderers must complete Declarations D and E and consolidate the information on Declaration C.

Evaluation Criteria

Source: guidelines for local content.pdf (unknown)

Bidders must comply with the local content calculation requirements under SATS 1286:2011. They must submit Annexure C with the tender by the closing date and time. The Tender Authority may request Declarations D and E. Exemptions from imported content must be granted by the dti and evidenced in Annexure D. If information on the origin of components is not available, it will be deemed imported content.

Technical Specifications

Source: guidelines for local content.pdf (unknown)

of how to

calculate local content of products (goods, services and works) by

components/material/services and enables them to keep an updated record

for verification requirements as per the SATS 1286:2011 Annexure A and B.

The guideline consists of two parts, namely:

 a written guideline; and

 three declarations that must be completed:

 Declaration C: “Local Content Declaration – Summary Schedule” (see

Annexure C);

 Declaration D: “Imported Content Declaration – Supporting Schedule

to Annex C” (see Annexure D); and

 Declaration E: “Local Content Declaration – Supporting Schedule to

Annex C” (see Annexure E).

The guidelines and declarations should be used by tenderers when preparing

a tender. A tenderer must complete Declarations D and E, and consolidate

the information on Declaration C.

Annexure C must be submitted with the tender by the closing date and time

as determined by the Tender Authority. The Tender Authority reserves the

right to request that Declarations D and E also be submitted.

If the tender is successful, the tenderer must continuously update

Declarations C, D and E with actual values for the duration of the contract.

Note:

Annexure A is a

Quality Management

Source: guidelines for local content.pdf

management, design, testing, marketing, etc and makes royalty and lease

payments, such payments relating to the tender must be included when

calculating imported content.

2.3.1.2. Imported by a third party and supplied to the tenderer:

management, design, testing, marketing etc. and makes royalty and lease

payments, such payments relating to the tender must be included when

calculating imported content.

2.3.1.3. Exempt Imported Content:

B-BBEE Requirements

Source: guidelines for local content.pdf (unknown)

Guidance for calculating local content of products (goods, services and works) by components/material/services, with verification per SATS 1286:2011. Includes three declarations: Declaration C (Local Content Declaration – Summary Schedule), Declaration D (Imported Content Declaration – Supporting Schedule), and Declaration E (Local Content Declaration – Supporting Schedule). Tenderer must complete Declarations D and E, consolidate on Declaration C, and submit Annexure C by closing date. If successful, tenderer must continuously update declarations with actual values. Local content is tender price less imported content, expressed as a percentage. Imported content is categorized as directly imported by tenderer or imported by third party. Tenderer must provide verifiable evidence (commercial invoices, bills of entry) for imported content; if origin unknown, deemed imported. Exemptions granted by the dti must be evidenced in Annexure D. Detailed instructions for completing Annexures C, D, and E, including fields for tender number, description, designated products, exchange rate, local content percentage, imported values, local values, and totals.

Contractual Terms

Source: guidelines for local content.pdf

marketing, insurance, financing, interest and mark-up costs.

E13. Total local content:

The total local content is the sum of the values of E9, E10, E11 and

E12. This total must correspond with C24 of Annexure C.

DocumentIndustrial Procurement – The Department of Trade Industry and Competition.pdfReview complete

Important Dates

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

No closing date is provided in the extracted text. Bidders must refer to the full tender notice for the closing date and time.

Contact Information

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

{"name":"Ms Cathrine Matidza","email":"[email protected]","phone":"+27 (12) 394 1435","department":"of Trade,","address":"nical Barriers to Trade"}

Returnable Documents

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

The standard bidding documents (SBD 6.2 or MBD 6.2) must be completed in line with the requirements of the SABS approved technical specification number SABS approved standard SANS 1286:2017 and the Guidance Document for the Calculation of Local Content together with the Local Content Declaration Templates: Annexure C: Local Content Declaration – Summary Schedule, Annexure D: Imported Content Declaration – Supporting Schedule to Annexure C and Annexure E: Local Content Declaration – Supporting Schedule to Annexure C. All these documents are important for the calculation, measurement and verification of local content.

Evaluation Criteria

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

Bidders must be registered on the Central Supplier Database (CSD) and have a valid tax clearance (SARS TCS or tax pin). Bidders must comply with the Preferential Procurement Regulations, 2017, and complete the relevant SBD forms (e.g., SBD 4 Declaration of Interest, SBD 6.1 Preference Points Claim, SBD 9 Certificate of Independent Bid Determination). If the goods are in a designated sector, bidders must meet the local content threshold and submit the required local content declarations.

Technical Specifications

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

Construction

Steel Value-added Products 100%

100%

Fabricated Structural Steel 100%

Joining/Connecting Components 100%

Frames 100%

Roof and Cladding 100%

Fasteners 100%

Wire Products 100%

Ducting and Structural pipework

Experience & Qualifications

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf

Prepaid Electricity Meters 70%

Post Paid Electricity Meters 70%

SMART Meters 50%

Working Vessels/Boats (All types): 60%

Components 10% – 100%

Conveyance Pipes 80% – 100%

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AcceptClass 0 90%

Class 1 70%

Class 2 70%

Class 3 45%

Class 4 10%

Components and conversion activities 50% – 100%

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We use cookies on our website to Privategive youBagtheX84,mostPretoria,relevantGauteng,experience0001 by remembering your preferences and repeat visits. By clicking “Accept”, you

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12 Robert Sobukwe, Sunnyside, Pretoria, Gauteng, 0002

  

together, growing the economy

the dtic Customer Contact Centre: 0861 843 384

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consent to the use of cookies. Information about the use of cookies on this website is available by clicking on Privacy Policy.

Quality Management

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf

Pumps, Medium Voltage (MV) Motor and Associated Accessories 70%

Casting or Frame Fabrication 100%

Fabrication and winding of the Rotor Core 100%

Accessories 100%

Assembly and testing of the fully-built unit 100%

Rail Permanent Way 90%

Rails and rail joints 100%

Ballasts 100%

Ballastless 100%

Turnouts/switches and crossings 100%

Railway sleepers 100%

Rail fastening and accessories 100%

Railway maintenance of way plant & equipment 70%

Assembly and testing of fully build unitst 100%

Plastic Pipes 100%

Polyvinyl chloride (PVC) pipes 100%

High density polyethylene (HDPE) pipes 100%

Polypropylene (PP) pipes 100%

Glass reinforced plastic (GRP) pipes 100%

Air insulated MV Switchgear 50%

Instrument Transformers 15%

Busbars 5%

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consentSwitchingto the useDevicesof cookies. Information about the use of cookies on this website is available by clicking on5%Privacy Policy.

BulkAcceptMaterial Handling 85%

Conveyer Idlers 70%

Structural Steel 100%

100%

Rubber 100%

Conveyor Belt 60%

Compliance Requirements

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

No specific requirements found

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IndustrialIndustrial ProcurementProcurement

Home / Sectors and Services / Industrial Development / Industrial Procurement

Industrial Procurement

The revised Preferential Procurement Policy Framework Act (PPPFA) regulations which came into effect on the 7 December 2011 empower the Department of Trade,

Industry and Competition (the dtic) to designate industries, sectors and sub-sectors for local production at a specified level of local content.

The following industries, sectors and sub-sectors have so far been designated for local production with minimum local content thresholds.

Industry/sector/sub-sector Minimum threshold for local content

Buses (Bus Body) 80%

Textile, Clothing, Leather and Footwear 100%

Steel Power Pylons, 100%

Monopole Pylons,

Steel Substation Structures,

Powerline Hardware,

Street Light Steel Poles,

Steel Lattice Towers

Canned / Processed Vegetables 80%

Pharmaceutical Products:

OSD Tender 70% (volumes)

Family Planning Tender 50% value

Rail Rolling Stock 65%

Set Top Boxes (STB) 30%

Furniture Products:

Office Furniture 85%

School Furniture 100%

Base and Mattress 90%

Solar Water Heater Components 70%

Electrical and telecom cables 90%

Valves products and actuators 70%

Residential Electricity Meter :

Prepaid Electricity Meters 70%

Post Paid Electricity Meters 70%

SMART Meters 50%

Working Vessels/Boats (All types): 60%

Components 10% – 100%

Conveyance Pipes 80% – 100%

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B-BBEE Requirements

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

The revised Preferential Procurement Policy Framework Act (PPPFA) regulations which came into effect on the 7 December 2011 empower the Department of Trade, Industry and Competition (the dtic) to designate industries, sectors and sub-sectors for local production at a specified level of local content. The following industries, sectors and sub-sectors have so far been designated for local production with minimum local content thresholds: Buses (Bus Body) 80%; Textile, Clothing, Leather and Footwear 100%; Steel Power Pylons, Monopole Pylons, Steel Substation Structures, Powerline Hardware, Street Light Steel Poles, Steel Lattice Towers 100%; Canned / Processed Vegetables 80%; Pharmaceutical Products: OSD Tender 70% (volumes), Family Planning Tender 50% value; Rail Rolling Stock 65%; Set Top Boxes (STB) 30%; Furniture Products: Office Furniture 85%, School Furniture 100%, Base and Mattress 90%; Solar Water Heater Components 70%; Electrical and telecom cables 90%; Valves products and actuators 70%; Residential Electricity Meter: Prepaid Electricity Meters 70%, Post Paid Electricity Meters 70%, SMART Meters 50%; Working Vessels/Boats (All types) 60%; Components 10% – 100%; Conveyance Pipes 80% – 100%; Transformers and Shunt Reactors: Class 0 90%, Class 1 70%, Class 2 70%, Class 3 45%, Class 4 10%; Components and conversion activities 50% – 100%; Solar PV Components: Laminated PV Modules 15%, Module Frame 65%, DC Combiner Boxes 65%, Mounting Structure 90%, Inverter 40%; Two Way Radio Terminals and Associated Equipment: Portable Radio 60%, Mobile Radio 60%, Repeater 60%; Components 20% – 100%; Rail Signaling 65%; Components 40% – 100%; Wheely Bins 100%; Fire Fighting Vehicle 30%; Crew Cabin 100%, Super Structure 100%, Assembly 100%; Steel Products and Component for Construction: Steel Value-added Products 100%, Fabricated Structural Steel 100%, Joining/Connecting Components 100%, Frames 100%, Roof and Cladding 100%, Fasteners 100%, Wire Products 100%, Ducting and Structural pipework 100%, Gutters, downpipes & lauders 100%, Plates 100%, Sheets, Galvanised and Colour Coated Coils, Wire Rod and Drawn Wire, Sections, Reinforcing bars 100%; Pumps, Medium Voltage (MV) Motor and Associated Accessories 70%: Casting or Frame Fabrication 100%, Fabrication and winding of the Rotor Core 100%, Accessories 100%, Assembly and testing of the fully-built unit 100%; Rail Permanent Way 90%: Rails and rail joints 100%, Ballasts 100%, Ballastless 100%, Turnouts/switches and crossings 100%, Railway sleepers 100%, Rail fastening and accessories 100%, Railway maintenance of way plant & equipment 70%, Assembly and testing of fully build units 100%; Plastic Pipes 100%: Polyvinyl chloride (PVC) pipes 100%, High density polyethylene (HDPE) pipes 100%, Polypropylene (PP) pipes 100%, Glass reinforced plastic (GRP) pipes 100%; Air insulated MV Switchgear 50%: Instrument Transformers 15%, Busbars 5%, Housing 25%, Switching Devices 5%; Bulk Material Handling 85%: Conveyer Idlers 70%, Structural Steel 100%, Rubber 100%, Conveyor Belt 60%, Pulleys 100%; Industrial lead Acid Batteries 50%; Cement 100%: Cem I 100%, Cem II 100%, Cem III 100%, Cem IV 100%, Cem V 100%, Masonry Cement 100%.

Special Conditions

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf (unknown)

Regulation 8(4) of the 2017 Preferential Procurement Regulations provides that if there is no designated sector, an organ of state may include, as a specific condition of the tender, that only locally produced services or goods or locally manufactured goods with a stipulated minimum threshold for local production and content, will be considered. The per the standard issued by National Treasury designated sectors circular number /2020.

Section

Source: Industrial Procurement – The Department of Trade Industry and Competition.pdf

National Treasury Instruction on: Invitation and evaluation of bids based on a stipulated minimum threshold for local production and content for Valve Products

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you

The revised Preferential Procurement Policy Framework Act (PPPFA) regulations which came into effect on the 7 December 2011 empower the Department of Trade,

OSD Tender 70% (volumes)

Solar Water Heater Components 70%

Valves products and actuators 70%

Prepaid Electricity Meters 70%

Post Paid Electricity Meters 70%

Class 1 70%

Class 2 70%

DocumentGeneral Conditions of Contract- Inclusion of par 34 CIBD.pdfReview complete

Evaluation Criteria

Source: General Conditions of Contract- Inclusion of par 34 CIBD.pdf (TENDER)

Bidders must have a valid tax clearance certificate from SARS. Bidders must not be involved in collusive bidding or restrictive practices. Bidders must comply with the General Conditions of Contract and any Special Conditions of Contract. Bidders may be required to furnish performance security within 30 days of contract award. Bidders must not be insolvent or bankrupt. Bidders must comply with the National Industrial Participation Programme (NIPP) if applicable. Bidders must not have engaged in corrupt or fraudulent practices.

Technical Specifications

Source: General Conditions of Contract- Inclusion of par 34 CIBD.pdf (TENDER)

provisions

in the SCC shall prevail.

Table of clauses

Definitions
Application
General
Standards
Use of contract documents and information; inspection
Patent rights
Performance security
Inspections, tests and analysis
Packing
Delivery and documents
Insurance
Transportation
Incidental services

Contractual Terms

Source: General Conditions of Contract- Inclusion of par 34 CIBD.pdf

Payment
Prices
Contract amendments
Assignment
Subcontracts
Delays in the supplier’s performance
Penalties
Termination for default
Dumping and countervailing duties
Force Majeure
Termination for insolvency
Settlement of disputes
Limitation of liability
Governing language
Applicable law
Notices
Taxes and duties
National Industrial Participation Programme (NIPP)
Prohibition of restrictive practices

General Conditions of Contract

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

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

documents for the receipt of bids.

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

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

the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

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

contract for the full and proper performance of his contractual

obligations.

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

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

procurement process or in contract execution.

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

abroad is subsidized by its government and encouraged to market its

products internationally.

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

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

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.7 “Day” means calendar day.

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

contract or order.

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

actually on hand.

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

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

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

bearing all risks and charges involved until the supplies are so

delivered and a valid receipt is obtained.

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

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

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

RSA.

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

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

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

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

quarantine restrictions and freight embargoes.

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

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

detriment of any bidder, and includes collusive practice among bidders

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

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

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

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

contract.

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

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

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

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

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

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

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

the Republic where the supplies covered by the bid will be

manufactured.

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

included in the imported content provided that local manufacture does

take place.

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

labour, materials, components and machinery and includes other

related value-adding activities.

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

or works or the rendering of a service.

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

documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

such as installation, commissioning, provision of technical assistance,

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

obligations of the supplier covered under the contract.

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

electronic or mechanical writing.

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

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

letting and the granting or acquiring of rights, but excluding

immovable property, unless otherwise indicated in the bidding

documents.

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

cover specific supplies, services or works.

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

general conditions, the special conditions shall apply.

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

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

bidding documents and specifications.

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

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

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

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

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

inspection.

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

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

purposes of such performance.

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

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

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

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

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

under the contract if so required by the purchaser.

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

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

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

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.

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

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

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

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

failure to complete his obligations under the contract.

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

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

and shall be in one of the following forms:

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

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

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

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

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

contract, including any warranty obligations, unless otherwise

specified in SCC.

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

tests and

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

rendered should at any stage during production or execution or on

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

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

representative of the Department or an organization acting on behalf of

the Department.

8.3 If there are no inspection requirements indicated in the bidding

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

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

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

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

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

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

purchaser.

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

comply with the contract requirements, irrespective of whether such

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

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

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

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

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

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

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

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

immediately at his own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract.

Failing such removal the rejected supplies shall be returned at the

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

substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies,

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

supplier.

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

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

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

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.

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

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

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

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

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.

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

this shall be specified in the SCC.

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

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

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

commissioning of the supplied goods;

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

of the supplied goods;

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.

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.

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.

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.

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.

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

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

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.

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.

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

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

performance purchaser in the contract.

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

subcontractor(s) should encounter conditions impeding timely delivery

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

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

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

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

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

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

be ratified by the parties by amendment of contract.

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

supplies or services from a national department, provincial department,

or a local authority.

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

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

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

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

available.

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

the performance of its delivery obligations shall render the supplier

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

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

21.2 without the application of penalties.

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

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

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

substitution of the goods not supplied in conformity with the contract

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

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

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

entitled to claim damages from the supplier.

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.

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

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

terminate this contract in whole or in part:

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

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

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

the contract; or

engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

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

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

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

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

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

continue performance of the contract to the extent not terminated.

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

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

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

period not exceeding 10 years.

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

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

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

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

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

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

supplier.

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

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

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

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

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

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

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

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

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

following information:

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

purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

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

of suppliers or persons prohibited from doing business with the public

sector.

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

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

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

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

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

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

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

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

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

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

website.

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

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

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

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

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

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

countervailing right is abolished, or where the amount of such

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

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

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

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

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

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

may be due to him

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

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

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

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

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

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

Unless otherwise directed by the purchaser in writing, the supplier

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

reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

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

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

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

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

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

thereafter to the purchaser.

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

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

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

dispute or difference by mutual consultation.

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

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

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

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

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

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

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

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

under the contract unless they otherwise agree; and

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

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

liability

the case of infringement pursuant to Clause 6;

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

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

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

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

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

purchaser; and

(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.

Governing 29.1 The contract shall be written in English. All correspondence and other

language documents pertaining to the contract that is exchanged by the parties

shall also be written in English.

Applicable 30.1 The contract shall be interpreted in accordance with South African

law laws, unless otherwise specified in SCC.

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.

Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

duties 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.

National 33.1 The NIP Programme administered by the Department of Trade and

Industrial Industry shall be applicable to all contracts that are subject to the

Participation (NIP) NIP obligation.

Programme

34 Prohibition of

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 ofRestrictive practices

1998, 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. .

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.

Js General Conditions of Contract (revised July 2010)

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

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

obtained directly from the Government Printer, Private Bag X85,

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

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

bidding documents and specifications.

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

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

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

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

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

inspection.

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

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

purposes of such performance.

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

make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

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

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

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

under the contract if so required by the purchaser.

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

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

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

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.

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

security the successful bidder shall furnish to the purchaser the performance

security of the amount specified in SCC.

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

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

failure to complete his obligations under the contract.

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

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

and shall be in one of the following forms:

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

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

acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and

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

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

contract, including any warranty obligations, unless otherwise

specified in SCC.

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