Capenature requires a managed print service for its cape town office, regional offices, landscape offices and reserve locations/ remote worksites, for a period of three (3) years.

{"name":"Mr Imran Brey","email":"[email protected]","phone":"087 087 9262","department":"/ PUBLIC ENTITY CapeNature CONTACT PERSON ICT Servicedesk","address":null}

2.1 The following preference point systems are applicable to all bids

• the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and
• the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

2.2 Preference point system for this bid

80/20 preference point system shall be applicable; or

b) The 80/20 preference point system will be applicable to this tender.

2.3 Preference points for this bid shall be awarded for

2.4 The maximum points for this bid are allocated as follows

Total points Price and B-BBEE must not 100

interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ of state.

highest number of total points will be awarded the contract.

3.2 A tenderer must submit proof of its B-BBEE status level of contributor in order to claim points for B-BBEE.

BBEE will not be disqualified but will only score

(a) points out of 80 for price; and

(b) 0 points out of 20 for B-BBEE

3.4 Points scored must be rounded off to the nearest 2 decimal

3.4 Points scored must be rounded off to the nearest 2 decimal places.

3.5 In the event that two or more bids have scored equal total points, the successful bid must be the o

compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers

offices and reserve locations/ remote worksites, for a period of three (3) years.

The successful bidder will be required to fill in and sign a written contract form (wbd7).

Bid response documents may be deposited in the bid box situated at capenature cape town office

CapeNature Cape Town Office Please note that a compulsory virtual briefing session

PGWC Shared Services Centre will be held on Thursday 17 September 2026 at 11:00 AM.

3rd Floor

Cnr Bosduif & Volstruis Streets RSVP for virtual briefing session by close of business on

Bridgetown 14 September 2026, please contact: Mr Imran Brey:

7764 [email protected]

Confirmed attendees will receive a meeting link prior to

the briefing session.

Tender’s Email Address (For submission of bid

documents only):

[email protected]

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

Wcsd

Registration

No. AND CSD No:

Yes Yes

B-bbee status level

B-bbee statusverification certificate

Level sworn

[TICK APPLICABLE BOX] No AFFIDAVIT No

If yes, who was the a verification agency accredited by the south african

Certificate issued by? Accreditation system (sanas)

A registered auditor

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

Together with a completed 6.1 In order to qualify for preference points for b-bbee]

Yes No

Yes No

Are you the accredited are you a

Representative in south foreign based [if yes answer part

Africa for the goods [if yes enclose proof] supplier for the b:3 below]

/Services /works offered? Goods /services

/Works offered?

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

Signature of bidder date

Capacity under which this

BID IS SIGNED (Attach proof of

authority to sign this bid; e.g.

resolution of directors, etc.)

Total number of items total bid price

Offered (all inclusive)

Bidding procedure enquiries may be directed to: technical information may be directed to:

DEPARTMENT/ PUBLIC ENTITY CapeNature CONTACT PERSON ICT Servicedesk

CONTACT PERSON Imran Brey TELEPHONE NUMBER 087 087 9262

Telephone number 087 087 4103 facsimile number n/a

FACSIMILE NUMBER NA E-MAIL ADDRESS [email protected]

E-MAIL ADDRESS [email protected]

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not

Be accepted for consideration.

1.2. All bids must be submitted on the official forms provided–(not to be re-typed)

1.3. Bidders must register on the central supplier database (csd) to upload mandatory

Information namely: (business registration/ directorship/ membership/identity

Numbers; tax compliance status; and banking information for verification purposes).

B-bbee certificate or sworn affidavit for b-bbee must be submitted to bidding

Institution.

1.4. This bid is subject to the preferential procurement policy framework act 2000 and

The preferential procurement regulations, 2017, the general conditions of contract

(Gcc) and, if applicable, any other legislation or special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Application for tax compliance status (tcs) may also be made via e-filing. In order to

Use this provision, taxpayers will need to register with SARS as e-file user through the

Website www.SARS.GOV.ZA.

2.3 Bidders may also submit a printed tcs with a result summary page (downloaded from

Efiling) together with the bid.

2.4 In bids where consortia / joint ventures / sub-contractors are involved, each party

Must submit a separate proof of tcs as mentioned in 2.3 Above.

3. Questionnaire to bidding foreign suppliers

3.1. Is the bidder a resident of the republic of south africa (RSA)? yes NO

3.2. Does the bidder have a branch in the RSA? yes NO

3.3. Does the bidder have a permanent establishment in the RSA? yes NO

3.4. Does the bidder have any source of income in the RSA? yes NO

If the answer is “NO” to all of the above, then, IT is not a requirement to provide proof of

Tax compliance status; nor obtain a tax compliance status from the south african

Revenue service (SARS) if not register as per 2.2 Above.

*Failure to provide any of the above particulars may render the bid invalid.

Signature of bidder: ....................................................

Capacity under which this bid is signed: ....................................................

(Proof of authority must submitted e.g. company resolution)

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

Tax clearance requirements

IT is a condition of the tender that -

1. The taxes of the successful service provider must be in order, or that satisfactory arrangements have been made with

the Receiver of Revenue to meet his / her tax obligations.

2. Application for tax clearance must be done through the Receiver of Revenue office where the service provider is

registered for tax purposes. The Receiver of Revenue will then furnish the Supplier with a Tax Clearance Certificate

that will be valid for a period of one year from date of issue.

3. This Tax Clearance Certificate must be submitted in the original together with the tender. Failure to submit the original

and valid Tax Clearance Certificate will invalidate the tender. If a tax clearance certificate was submitted previously to

CapeNature please indicate as such.

4. In quotations where Consortia / Joint Ventures / Sub-contractors are involved each party must submit a separate Tax

Clearance Certificate. Copies of the Application for Tax Clearance Certificates are available at any Receiver’s Office.

Has a tax clearance certificate been submitted

Yes NO

Are you the accredited representative in south africa

Yes NO

For the goods/services offered by you?

(If yes enclose proof)

Part c

CapeNature is a Schedule 3C public entity responsible for nature conservation in the Western

Cape. It discharges this mandate in terms of Schedule 4 of the Constitution of the Republic of

South Africa, 1996 (Act No. ), which sets out functional areas of concurrent national

and provincial legislative competence.

CapeNature requires a managed print service for its Cape Town office, regional offices,

landscape offices and reserve locations/ remote worksites. The service must support secure,

reliable and cost-effective print, copy and scan services across distributed operational sites,

including remote locations.

2. Description and Purpose

CapeNature invites suitably qualified and experienced service providers to submit proposals for

the provision of a fully managed print service, including the rental, supply, installation,

maintenance, support, monitoring and reporting of multifunction printers for a period of thirty-six

(36) months.

The proposed solution must support secure, efficient and sustainable printing services across

CapeNature's operations, while reducing environmental impact through energy-efficient

technologies, responsible resource utilisation and effective fleet management.

Bidders must demonstrate how their solution will enhance operational efficiency, strengthen

information security and contribute to CapeNature's sustainability objectives.

The purpose of this specification is to obtain a scalable and secure managed print service that:

• supports current operational printing requirements using the baseline usage volumes in

Annexure A;

• provides secure A4 and A3 printing and controlled user access;

• includes all maintenance, repairs, callouts, travel, labor, parts and consumables;

• provides measurable service levels, proactive support and monthly reporting;

• supports improved print governance, cost control, sustainability and audit evidence (monthly

usage and service reports); and

• allows CapeNature to increase, decrease, replace or relocate devices in line with operational

requirements.

The successful bidder shall be responsible for the end-to-end managed print service:

• Supply new, current-production multifunction printers and any approved supporting

hardware/software required for the service.

• Deliver, install, configure, test and commission all devices at CapeNature-approved sites

within one month from the award. The transition from the existing printers must be concluded

by 20 November 2026.

• Remove all packaging material and ensure each site is left clean and operational after

installation.

• Configure A4 and A3 print, copy and scan functions, including scan-to-email/folder and

network printing, in coordination with CapeNature ICT.

• Provide user training, administrator orientation and user guidance material.
• Provide print management software for monitoring, reporting and usage analysis.
• Provide all preventative and corrective maintenance in line with manufacturer specifications.
• Supply toner, drums, maintenance kits, spare parts and other consumables required to keep

devices operational.

• Provide telephone, remote and on-site support in accordance with the agreed SLA.
• Provide monthly service, usage, SLA, incident and consumables reports to CapeNature.
• Ensure no service provider technician gains direct access to CapeNature systems, networks

or user devices without CapeNature ICT coordination and approval.

4. Baseline Print Volumes for Pricing and Sizing

The baseline usage volumes for this specification are based on the six-month period January

2026 to June 2026 and include 34 printers. The combined six-month usage is 241,299 black-and-

white pages and 244,431 color pages. These volumes are provided for pricing, analysis and fleet-

sizing purposes only and actual monthly usage may vary.

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

5. Use of contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or

any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection

therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to

any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of

such performance.

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

mentioned in GCC clause

5.1 except for purposes of performing the contract.

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

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

supplier’s performance under the contract if so required by the purchaser.

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

to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

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

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

execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all

reasonable hours, for inspection by a representative of the Department or an organization acting on behalf of the

8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but

during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary

arrangements, including payment arrangements with the testing authority concerned.

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

contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

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

irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests

or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract

requirements may be rejected.

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

Offer to be valid for 90 days from the closing date of the bid.

Item Qty Once-off Monthly Rental

Implementation Recurring Cost

Costs x 36 months

(incl. VAT) (incl. VAT)

Proposed Machine #1

Proposed Machine #2

Proposed Machine #3

Print Management Software

Costs

Total Cost

Preference points claim form in terms of the preferential procurement regulations 2022

And in terms of the western cape governments interim strategy as IT relates to

Pricing schedule

Offer to be valid for 90 days from the closing date of the bid.

2026 to June 2026 and include 34 printers. The combined six-month usage is 241,299 black-and-

white pages and 244,431 color pages. These volumes are provided for pricing, analysis and fleet-

sizing purposes only and actual monthly usage may vary.

valid Tax Clearance Certificate will invalidate the tender

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) may also be made via e-filing

Tax compliance status from the south african

CSD Registration Number MAAA

Central supplier database (csd) to upload mandatory

Central Supplier Database (CSD) and the Western Cape Supplier Evidence Bank (WCSEB) if they wish to do

Central Supplier Database maintained by National Treasury

1.3. Bidders must register on the central supplier database (csd) to upload mandatory

Numbers; tax compliance status; and banking information for verification purposes).

2. Tax compliance requirements

2.2 Application for tax compliance status (tcs) may also be made via e-filing. In order to

No. AND CSD No

B-BBEE Minimum Level: 0

Points Allocation: 90 points

B-BBEE Details: This preference form must form part of all bids invited. It contains general information and serves as a claim form for

preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution.

Nb: before completing this form, bidders (tenderers) must study the general conditions,

Definitions and directives applicable in respect of the tender, preferential procurement

Regulations, 2022 and the broad based black economic empowerment act and the codes of

Good practice

1. Definitions

1.1 “acceptable tender” means any tender which, in all respects, complies with the specifications and conditions of

tender as set out in the tender document.

1.2 “affidavit” is a type of verified statement or showing, or in other words, it contains a verification, meaning it is

under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.

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

contributions and skills development levies;

1.4 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black

Economic Empowerment Act;

1.5 “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice

on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act;

1.6 “bid” means a written offer on the official bid documents or invitation of price quotations and “tender” is the act of

bidding/tendering;

1.7 “Code of Good Practice” means the generic codes or the sector codes as the case may be;

1.8 “consortium or joint venture” means an association of persons for the purpose of combining their expertise,

property, cap

compliance to the B-BBEE Act;

(iii) provides false information or misrepresents information relevant to assessing the B-BBEE

status of an enterprise to any organ of state or public entity; or

(iv) engages in a fronting practice.

(c) If a B-BBEE verification professional or any procurement officer or other official of an organ of state

or public entity becomes aware of the commission of, or any attempt to commit any offence referred

to in paragraph 10.5 (a) above will be reported to an appropriate law enforcement agency for

investigation.

(d) Any person convicted of an offence by a court is liable in the case of contravention of 10.5 (b) to a

fine or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment

or, if the convicted person is not a natural person to a fine not exceeding 10 per cent of its annual

turnover.

(e) The purchaser may, if it becomes aware that a bidder may have obtained its B-BBEE status level of

contribution on a fraudulent basis, investigate the matter. Should the investigation warrant a

restriction be imposed, this will be referred to the National Treasury for investigation, processing and

imposing the restriction on the National Treasury’s List of Restricted Suppliers. The bidder or

contractor, its shareholders and directors, or only the shareholders and directors who acted on a

fraudulent basis, may be restricted from obtaining business from any organ of state for a period not

exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied.

(f) The purchaser may, in addition to any other remedy it may have –

(i) disqualify the person from the bidding process;

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

conduct;

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

make less favourable arrangements due to such cancellation; and

(iv) forward the matter for criminal prosecution.

(g) The information furnished is true and correct.

(h) The preference points claimed are in accordance with the General Conditions as indicated in

paragraph 2 of this form.

Signature(s) of the bidder(s): ....................................................................................

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

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

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

institutions must apply due diligence and risk assessment before deciding to proceed with procurement

from any such supplier.

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

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

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

Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85,

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

10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract. The

details of shipping and/or other documents to be furnished by the supplier are specified in SCC.

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

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

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

31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified

mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the address

notified later by him in writing and such posting shall be deemed to be proper service of such notice

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

shall be reckoned from the date of posting of such notice.

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

models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the

contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications)

or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions

prevailing in the country of final destination.

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

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

date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless

specified otherwise in SCC.

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

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

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

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

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

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

16. Payment

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

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

fulfilment of other obligations stipulated in the contract.

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

invoice or claim by the supplier.

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

17. Prices

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

prices quoted by the supplier in his bid, with the exception of any price adjustments authorized in SCC or in the

purchaser’s request for bid validity extension, as the case may be.

18. Contract amendments

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

parties concerned.

19. Assignment

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

purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already

specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation

under the contract.

21. Delays in the supplier’s performance

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

schedule prescribed by the purchaser in the contract.

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

impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in

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

notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with

or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of

contract.

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

department, provincial department, or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed

if an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required,

or the supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall

render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed

upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling

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

not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to

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

rights, be entitled to claim damages from the supplier.

22. Penalties

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

period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct

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

services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the

supplier, may terminate this contract in whole or in part:

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

extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

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

(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in

executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms

and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall

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

continue performance of the contract to the extent not terminated.

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

penalty on the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding

10 years.

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

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

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

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

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

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

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

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

associated.

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

Treasury, with the following information:

(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.

24. Anti-dumping and countervailing duties and rights

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

or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or

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

When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing

right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the contractor to the State or the State may deduct such amounts from

moneys (if any) which may otherwise be due to the contractor in regard to supplies or services which he delivered or

rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to

him

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its

performance security, damages, or termination for default if and to the extent that his delay in performance or other failure

to perform his obligations under the contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the

cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations

under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not

prevented by the force majeure event.

26. Termination for insolvency

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

bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such

termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the

purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with

or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual

consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then

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

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

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

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

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

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

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

28. Limitation of liability

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

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

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

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

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed

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

equipment.

29. Governing language

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

exchanged by the parties shall also be written in English.

30. Applicable law

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

31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified

mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the address

notified later by him in writing and such posting shall be deemed to be proper service of such notice

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

shall be reckoned from the date of posting of such notice.

32. Taxes and duties

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

imposed outside the purchaser’s country.

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

contracted goods to the purchaser.

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

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

original issued by the South African Revenue Services.

33. National Industrial Participation (NIP) Programme

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

are subject to the NIP obligation.

34. Prohibition of Restrictive practices

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

concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal

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

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

engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission

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

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.

Specification: rental, supply, installation, maintenance

And management of multifunction network printers

1.1 “acceptable tender” means any tender which, in all respects, complies with the specifications and conditions of

tender as set out in the tender document.

1.2 “affidavit” is a type of verified statement or showing, or in other words, it contains a verification, meaning it is

under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.

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

contributions and skills development levies;

1.4 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black

Economic Empowerment Act;

1.5 “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice

on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act;

1.6 “bid” means a written offer on the official bid documents or invitation of price quotations and “tender” is the act of

bidding/tendering;

1.7 “Code of Good Practice” means the generic codes or the sector codes as the case may be;

1.8 “consortium or joint venture” means an association of persons for the purpose of combining their expertise,

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

1.9 “contract” means the agreement that results from the acceptance of a bid by an organ of state;

1.10 “EME” is an Exempted Micro Enterprise with an annual total revenue of R10 million or less.

1.11 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase

or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other

duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably

has an influence on the price of any supplies, or the rendering costs of any service, for the execution of

the contract;

1.12 “Large Enterprise” is any enterprise with an annual total revenue above R50 million;

1.13 “non-firm prices” means all prices other than “firm” prices;

1.14 “person” includes a juristic person;

1.15 “price” means an amount of money tendered for goods or services, and includes all applicable taxes less all

unconditional discounts;

1.16 “proof of B-BBEE status level contributor” means-

(a) The B-BBEE status level certificate issued by an authorized body or person;

(b) A sworn affidavit as prescribed in terms of the B-BBEE Codes of Good Practice; or

(c) Any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act.

1.17 QSE is a Qualifying Small Enterprise with an annual total revenue between R10 million and R50 million;

1.18 “rand value” means the total estimated value of a contract in Rand, calculated at the time of the tender

invitation; and includes all applicable taxes;

1.19 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another

person to support such primary contractor in the execution of part of a project in terms of the contract.

1.20 “tender” means a written offer in the form determined by an organ of state in response to an invitation to provide

or services through price quotations, competitive tendering process or any other method envisaged in legislation;

1.21 “tender for income-generating contracts” means a written offer in the form determined by an organ of state in

response to an invitation for the origination of income-generating contracts through any method envisaged in

legislation that will result in a legal agreement between the organ of state and a third party that produces revenue

for the organ of state, and includes, but is not limited to, leasing and disposal of assets and concession contracts,

excluding direct sales and disposal of assets through public auctions;

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

1.23 “the Regulations” means the Preferential Procurement Regulations, 2022;

1.24 “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on

Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act and promulgated in the Government Gazette on 11 October 2013;

1.25 “trust” means the arrangement through which the property of one person is made over or bequeathed

to a trustee to administer such property for the benefit of another person; and

1.26 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order

for such property to be administered for the benefit of another person.

African Accreditation System (SANAS) or an affidavit confirming annual total revenue and level of black

ownership together with the bid or an affidavit issued by Companies Intellectual Property Commission, will be

interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

2.6 The organ of state reserves the right to require of a bidder, either before a bid is adjudicated or at any time

subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ of state.

Contributor (90/10 system) (80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

6.2 An EME must submit a valid, originally certified affidavit confirming annual turnover and level of black

ownership or an affidavit issued by Companies Intellectual Property Commission.

6.3 A QSE that is less than 51 per cent (50% or less) black owned must be verified in terms of the QSE

scorecard issued via Government Gazette and submit a valid, original or a legible certified copy of a B-

6.4 A QSE that is at least 51 per cent black owned (51% or higher) must submit a valid, originally certified

affidavit confirming turnover and level of black ownership as well as declare its empowering status or an

affidavit issued by Companies Intellectual Property Commission.

6.5 A large enterprise must submit a valid, original or originally certified copy of a B-BBEE Verification

10.1 Name of company/entity : ..........................................................................................

10.2 VAT registration number : ..........................................................................................

10.3 Company Registration number : ..................................................................................

10.4 Type of company/firm

□ Partnership/ Joint Venture/ Consortium

□ One-person business/ sole propriety

□ Close corporation

□ Public Company

□ Personal Liability Company

□ (Pty) Limited

□ Non-Profit Company

□ State Owned Company

[Select applicable one]

10.5 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the

points claimed, based on the B-BBEE status level of contribution indicated in paragraph 7 above, qualifies

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

(a) The Western Cape Government reserves the right to audit the B-BBEE status claim submitted by

the bidder.

(b) As set out in Section 13O of the B-BBEE Act as amended, any misrepresentation constitutes a

criminal offence. A person commits an offence if that person knowingly:

(i) misrepresents or attempts to misrepresent the B-BBEE status of an enterprise;

(ii) provides false information or misrepresents information to a B-BBEE Verification

(a) accepts or agrees or offers to accept an!' gratification from any other person, whether for the benefit

of himself or herself or for the benefit of another person; or

(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that

other person or for the benefit of another person., in order to act personally or by influencing another

person so to act, in a manner—

(i) that amounts to the-

(aa) illegal. dishonest. unauthorised. incomplete. or biased: or

(bb) misuse or selling of information or material acquired in the course of the exercise,

carrying out or performance of any powers, duties or functions arising out of a

constitutional, statutory, contractual or any other legal obligation:

(ii) that amounts to-

(aa) the abuse of a position of authority;

(bb) a breach of trust; or

(cc) the violation of a legal duty or a set of rules;

(iii) designed to achieve an unjustified result; or

(iv) that amounts to any other unauthorised or improper inducement to do or 45 not to do

anything. of the, is guilty of the offence of corruption

“CSD” means the Central Supplier Database maintained by National Treasury;

“employee”, in relation to –

(a) a department, means a person contemplated in section 8 of the Public Service Act, 1994 but

excludes a person appointed in terms of section 12A of that Act; and

(b) a public entity, means a person employed by the public entity;

‘‘entity’’ means any -

(a) association of persons, whether or not incorporated or registered in terms of any law, including a

company, corporation, trust, partnership, close corporation, joint venture or consortium; or

(b) sole proprietorship;

‘‘entity conducting business with the Institution’’ means an entity that contracts or applies or

tenders for the sale, lease or supply of goods or services to the Province;

“Family member” means a person’s -

(a) spouse; or

(b) child, parent, brother, sister, whether such a relationship results from birth, marriage or adoption or

some other legal arrangement (as the case may be);

‘‘intermediary’’ means a person through whom an interest is acquired, and includes a representative or

agent or any other person who has been granted authority to act on behalf of another person;

“Institution” means –

a provincial department or provincial public entity listed in Schedule 3C of the Act; “Provincial

Government Western Cape (PGWC)” means

(a) the Institution of the Western Cape, and

(b) a provincial public entity;

“RWOEE” means -

Remunerative Work Outside of the Employee’s Employment

‘‘spouse’’ means a person’s -

(a) partner in marriage or civil union according to legislation;

(b) partner in a customary union according to indigenous law; or

(c) partner with whom he or she cohabits and who is publicly acknowledged by the person as his

or her life partner or permanent companion.

7. Regulation 13(c) of the Public Service Regulations (PSR) 2016, effective 1 February 2017, prohibits any

employee from conducting business with an organ of state, or holding a directorship in a public or private

company doing business with an organ of state unless the employee is a director (in an official capacity)

of a company listed in schedules 2 and 3 of the Public Finance Management Act.

a) Therefore, by 31 January 2017 all employees who are conducting business with an organ of

state should either have:

(i) resigned as an employee of the government institution or;

(ii) cease conducting business with an organ of state or;

(iii) resign as a director/shareholder/owner/member of an entity that conducts business with

an organ of state.

1. 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 anything of value to influence the action of a

public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and

encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are

supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of

components, a commercially recognized new product results that is substantially different in basic characteristics or in

purpose or utility from its components.

1.7 “Day” means calendar day.

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

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

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

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

until the supplies are so delivered and a valid receipt is obtained.

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

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

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

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

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

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

execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid

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

free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

purchaser under the contract.

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

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

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

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

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

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

local manufacture does take place.

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

includes other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

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

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

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or

industrial design rights arising from use of the goods or any part thereof by the purchaser.

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the

purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting

from the supplier’s failure to complete his obligations under the contract.

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

acceptable to the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or

abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30)

days following the date of completion of the supplier’s performance obligations under the contract, including any warranty

obligations, unless otherwise specified in SCC.

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

specified in SCC:

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

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

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;

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

parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

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

maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be

agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier

for similar services.

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

information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve

the supplier of any warranty obligations under the contract; and

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

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

needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

15. Warranty

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

models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the

contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications)

or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions

prevailing in the country of final destination.

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

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

date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless

specified otherwise in SCC.

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

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

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

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

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

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

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already

specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation

under the contract.

21. Delays in the supplier’s performance

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

schedule prescribed by the purchaser in the contract.

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

impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in

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

notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with

or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of

contract.

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

department, provincial department, or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed

if an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required,

or the supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall

render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed

upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling

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

not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to

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

rights, be entitled to claim damages from the supplier.

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

period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct

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

services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the

supplier, may terminate this contract in whole or in part:

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

extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

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

(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in

executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms

and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall

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

continue performance of the contract to the extent not terminated.

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

penalty on the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding

10 years.

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

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

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

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

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

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its

performance security, damages, or termination for default if and to the extent that his delay in performance or other failure

to perform his obligations under the contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the

cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations

under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not

prevented by the force majeure event.

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

bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such

termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the

purchaser.

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with

or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual

consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then

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

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

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

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

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

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

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

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

(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.