Closed: Solar panels with mounting brackets RFQ 4533/26 - SA weather service

Submission Guidelines

Source: RFQ-4533 Supply and delivery of Solar Panels with mounting brackets.pdf advert.pdf (RFQ)

Returnable Documents: The following documents must be included, Invitation to Bid: Annexure A, General Conditions of Contract: Annexure B, Bidder’s Disclosure: Annexure C, Preference points claim form in terms of the Preferential Procurement Regulations: Annexure F, Pricing Schedule and Financial Proposal: Annexure G. Bidders must note that the non- submission or submission of incomplete Pricing Schedule (Annexure G) will result in the disqualification of a bidder., Specifications / Terms of Reference, Annexure H, together with the bidder’s response to Annexure H (Technical / Functional Proposal)., POPIA supplier consent form: Annexure i, Any other documentation issued with the bid. The South African Weather Service (SAWS) reserves the right to reject a bid should it not be submitted in the prescribed format. 1.7 The South African Weather Service (SAWS) is not bound to accept any of the offers submitted and Public Document: Document Template Reference: SCM-DEM-QAP-TEP-004 of 8 Template: RFQ Invitation - Annexure A reserves the right to: 1.7.1 Reject bids that are not according to Specifications / Terms of Reference; 1.7.2 Reject bids with incomplete standard bidding documents (SBD’s); 1.7.3 Request further information from any bidder after the closing date of the bid for clarity purposes; 1.7.4 Conduct site inspection/s to verify the infrastructure of bidders before final selection and award; 1.7.5 Not to award the bid if the bid price is not market related; 1.7.6 Not to award the bid to a bidder whose tax matters have not been declared by the SARS to be in order; 1.7.7 Reject a bid if the bidder has committed a proven corrupt or fraudulent act in competing for any contract; 1.7.8 Award the bid in totality to one or partially to more than one bidder; 1.7.9 Conduct reference / background checks on bidders and / or individuals to, among other things, verify information provided by a bidder, confirm a firm’s existence and track record, identify its owners and affiliations or verify an individual’s educational and professional credentials. 1.8 The South African Weather Service may, prior to award of the bid, cancel the bid if: 1.8.1 Due to changed circumstances, there is no longer a need for the goods or services requested; 1.8.2 Funds are no longer available to cover the total envisaged expenditure; 1.8.3 No acceptable tenders are received; 1.8.4 Due to material irregularities in the tender process. 1.9 Any effort or attempt by a bidder to influence the award decision in any matter may result in the rejection of the bid. 1.10 Costs incurred by the bidder in respect of attending any briefing / information / site visit / presentation will be borne by the bidder and the South African Weather Service will not be liable to reimburse such costs incurred by the bidder or his/her representative/s. 1.11 Cost incurred by the bidder in preparing and submission of any bid proposal will be borne by the bidder and the South African Weather Service will not be liable to reimburse such costs incurred by the bidder of his/her representative/s. 1.12 The South African Weather Service shall on receipt of any proposal relating to this bid become the owner thereof and shall not be obliged to return any proposal. 1.13 The bidders shall indemnify the South African Weather Service against all third-party claims of infringement of patent, trademark, or industrial design rights arising from the use of the goods or any part thereof by the South African Weather Service. 1.14 The South African Weather Service reserves the right to request a bidders latest audited financial statements prior to the award of the bid in order to ascertain financial stability of the bidder. Failure by a bidder to provide such information upon request may result in the rejection of the bid submitted by the bidder. Public Document: Document Template Reference: SCM-DEM-QAP-TEP-004 of 8 Template: RFQ Invitation - Annexure A 1.15 Subcontracting: Tenderers or contractors must submit proof of subcontracting between the main tenderer and the subcontractor. Proof of subcontracting arrangement may include a subcontracting agreement between the main tenderer and the subcontractor. 1.16 The SAWS reserves the right to request final presentation only to the short listed bidders to the evaluation committee. The shortlisted service providers will be subjected to present their service offering in line with the bid requirements/scope of work. The SAWS might also conduct site visit to ensure the firm existence and validate the firm’s proposed capacity/employees and administration office. 1.17 The service provider must have duly approved operational premises with the necessary infrastructure to provide services and relevant accreditation by the relevant body. Before the awarding of the tender a due diligence site visit will be carried out at the premises of the service provider. 1.18 Supplier Performance Management is viewed by the SAWS as critical component in ensuring value for money acquisition and good supplier relations between the SAWS and all its suppliers. The successful bidders shall upon receipt of written notification of an award, be required to conclude a SLA with the SAWS, which will form an integral part of the supply agreement. The SLA will serve as a tool to measure, monitor and assess the supplier‘s performance level and ensure effective delivery of service, quality and value-add to SAWS’s business. Successful bidders are required to comply with the above condition, and also provide a scorecard on how their product / service offering is being measured to achieve the objectives of this condition. 1.19 The SAWS respects your privacy and acknowledge that your submission/s will contain personal details, which may belong to you, others and / or to your company (Personal Information). By sending us your submissions, you expressly give us consent to process and further process the Personal Information contained therein which processing will be done in accordance with POPIA, the SAWS POPIA policy and our standard section 18 informed consent documentation which sets out why we need the Personal Information, what we will do with it, and who we will share it with, which you are to familiarise yourself with by downloading it from our website i.e. www.weathersa.co.za 1.20 Unless stated otherwise in this Bid or as mutually agreed upon by both parties prior to award of the Bid, all payments due to creditors for goods delivered / services rendered will be settled within thirty (30) days from receipt of an invoice. 1.21 In case of a Joint Venture, Consortium, Trust, or Partnership, a signed teaming agreement must be submitted., TAX COMPLIANCE REQUIREMENTS 2.1 Bidders must ensure compliance with their tax obligations. 2.2 Bidders are required to submit their unique Personal Identification Number (PIN) issued by the South African Revenue Service (SARS) to enable the South African Weather Service to verify the taxpayer’s (Bidder’s) profile and tax status. 2.3 Application for a Tax Compliance Status (TCS) Pin may be made via e-filing through the SARS website www.sars.gov.za 2.4 Bidders may also submit a printed Tax Compliance Status (TCS) certificate together with the bid. Public Document: Document Template Reference: SCM-DEM-QAP-TEP-004 of 8 Template: RFQ Invitation - Annexure A 2.5 In bids where consortia / joint ventures / sub-contractors are involved each party must submit a separate TCS certificate / Pin / CSD number. 2.6 Where no TCS Pin is available but the bidder is registered on the Central Supplier Database (CSD), a CSD number must be provided. 2.7 No bids will be considered from persons in the service of the state, companies with directors who are persons in the service of the state, or close corporations with members persons in the service of the state. 2.8 Foreign suppliers with neither South African tax obligations nor history of doing business in South Africa must complete the questionnaire on and 3 of Annexure A. In instances where a recommendation for award of a bid will be made to a foreign bidder, the South African Weather Service will submit the bidders completed Annexure A bid document to the South African Revenue Service. The South African Revenue Service will then issue a confirmation of tax obligations letter to the South African Weather Service confirming whether or not the foreign entity has tax obligations in South Africa. NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. PART C DECLARATION BY BIDDER I, ....................................................................................................................................... in my capacity as ......................................................................................................... hereby declare that I have read and understood the contents and conditions of this bid and certify that the information furnished is true and correct. I accept that, in addition to cancellation of a contract, action may be taken against me should the information provided prove to be false. Signature: .................................................................. Date: .......................................................................... Public Document: Document Template Reference: SCM-DEM-QAP-TEP-004 of 8 Annexure B General Conditions of Contract THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT July 2010 GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT July 2010 NOTES The purpose of this document is to: (i) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and To ensure that clients be familiar with regard to the rights(ii) and obligations of all parties involved in doing business with government. In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter.  The General Conditions of Contract will form part of all bid documents and may not be amended.  Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if (applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail. TABLE OF CLAUSES, Definitions, Application, Use of contract documents and information; inspection, Patent rights, Performance security, Inspections, tests and analysis, Delivery and documents, Transportation, Incidental services, Spare parts

Compliance Requirements

Source: RFQ-4533 Supply and delivery of Solar Panels with mounting brackets.pdf advert.pdf (RFQ)

Tax compliance status system pin code from the south african revenue service (SARS) and if

Tax compliance requirements

Tax Compliance Status (TCS) Pin may be made via e-filing through the SARS website

Tax Compliance Status (TCS) certificate together with the bid

TCS Pin is available but the bidder is registered on the Central Supplier Database (CSD), a

CSD number

CSD number must be provided

Central Supplier Database (CSD), a

Pricing Schedule and Financial Proposal: Annexure G. Bidders must note that the non

submission or submission of incomplete Pricing Schedule (Annexure G) will result in the

disqualification of a bidder.

Pricing Schedule ......................................................................................................... Annexure G

Points Allocation: 3 points

B-BBEE Details: Reference: SCM-DEM-QAP-TEP-004

of 8

Template: RFQ Invitation - Annexure A

Part a

Invitation to bid

You are hereby invited to bid for requirements of south african weather service

1 supplier information

The following section must be completed by the bidder. Failure to do so may result in the offer being rejected.

Name of

Bidder

Postal

Address

Street address

Telephone

Number code number

Cellphone

Number

Facsimile

Number code number

E-mail address

VAT

Registration

Number

Supplier tax central

Compliance compliance supplier

Status system pin: database

No: MAAA

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

Level level sworn

Verification affidavit

CERTIFICATE Yes No Yes No

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

Submitted in order to qualify for preference points claimed]

Public Document: Document Template Reference: SCM-DEM-QAP-TEP-004

of 8

Template: RFQ Invitation - Annexure A

Are you the

Accredited

Are you a foreign

Representative

Based supplier for

In south

The goods

AFRICA FOR THE Yes No

/Services /works

GOODS Yes No

Offered?

/Services [if yes, answer the

/Works [if yes enclose proof] questionnaire below]

Offered?

Questionnaire to bidding foreign suppliers

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

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

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

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

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

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

Compliance status system pin code from the south african revenue

Contractual Terms

Source: RFQ-4533 Supply and delivery of Solar Panels with mounting brackets.pdf advert.pdf (RFQ)

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 theinspection.

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

a cashier’s or certified cheque

(b)

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;

furnishing of a detailed operations and maintenance manual (c)

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

training of the purchaser’s personnel, at the supplier’s plant (e)

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;

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

the contract; or

if the supplier, in the judgment of the purchaser, has

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 inliability

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.

33.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)

Annexure C

Bidder’s Disclosure

Sbd 4

Bidder’s disclosure

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.

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

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.

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:

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

1.12 ”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 theinspection.

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

a cashier’s or certified cheque

(b)

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.