NATIONAL LIBRARY OF SOUTH AFRICA

228 Johannes Ramokhoase Street 5 Queen Victoria Street

Private Bag X397 Cape Town
Pretoria 8001
0001

APPOINTMENT OF A OF SERVICE PROVIDERS TO SUPPLY AND DELIVER LAPTOPS

AT THE NATIONAL LIBRARY PRETORIA AND CAPE TOWN CAMPUSES

Bid No: 05/2024-2025

Should you wish to deliver Bid documents, please note that the NLSA’s working hours are
from 08h00 to 17h00 on weekdays. Upon the submission of the Bid Documents Service
Providers are requested to sign the register at reception.

COMPULSORY BRIEFING SESSION. N/A

CLOSING DATE: 11 FEBRUARY 2025 TIME: 11H00

BID DOCUMENTS ARE AVAILABLE ON

• NLSA website (www.nlsa.ac.za/tenders-and-procurement)

NB. Completed Bid Documents must be deposited at the following address.

ADDRESS CLOSING DATE TIME
NLSA Pretoria Campus,
228 Johannes 11 February 2025 11H00
Ramokhoase Street,
Pretoria CBD.

1
1. BACKGROUND

1.1. National Library of South Africa (NLSA), hereafter referred to as NLSA, is a world class
African National Library and Information Hub. The NLSA is responsible for collecting,
recording, preserving, and making available the national documentary heritage of South
Africa. The NLSA promotes awareness, appreciation, and access to published
documents, nationally and internationally and in doing so contributes to the development
and prosperity of South Africa. The NLSA has Campuses in Pretoria and Cape Town.

2. SCOPE OF WORK

2.1. Supply, delivery and configure 130 laptops for the National Library of South Africa. Ninety
(90) laptops are to be delivered at the National Library of South Africa’s Pretoria campus
(228 Johannes Ramokhoase Street) and the remaining Forty (40) to be delivered at the
Cape Town campus (5 Queen Victoria Street)

2.1.1. Laptops features Quantity = 25

Item Description

1. Monitor – 13.6-inch LED-backlit display (2024, M3) or similar

2. Storage – 512GB SSD

3. Processor - M3 CHIP WITH 8-CORE CPU AND 8-CORE GPU

Or Similar
4. Operating System
macOS Sonoma or latest
5. Display
Liquid Retina display
• 13.6-inch (diagonal) LED-backlit display with IPS technology;1
2560x1664 native resolution at 224 pixels per inch
• 500 nits brightness

6. Keyboard
Backlit, English (EU)
7. WLAN + Bluetooth
Wi‑Fi 6E (802.11ax)4
Bluetooth 5.3

2
8. Dimensions(WxDxH)
313.7 x 226 x 18.92 mm (12.35 x 8.90 x 0.74 inches)
9. • AudioChip
Four-speaker sound system

10. Ports
3.5mm headphone jack
Two Thunderbolt / USB 4 ports with support for:
• Charging
• DisplayPort
• Thunderbolt 3 (up to 40Gb/s)
• USB 4 (up to 40Gb/s)

11. Camera
5.0MP + IR Discrete with Privacy Shutter
12. 25 x Adapters
USB-C Digital AV Multiport Adapter

13. Charging and Expansion

MagSafe 3 charging port

14. Size and Weight

1. Height: 1.13 cm

2. Width: 30.41 cm

3. Depth: 21.5 cm

4. Weight: 1.24 kg
15. Warranty
3-year onsite manufacture warranty plus additional 2-years warranty
16. Security
Kensington® Nano Security Slot
Fingerprint Reader

17. 25 Wireless Magic Mouse

3
 2.1.2. Laptops features Quantity = 105

Item Description

1. RAM - 16GB DDR5 5600 SoDIMM

2. Storage – 1TB SSD M.2
3. Processor - Intel® Core™ Ultra 5 125U 12C / 14T, Max Turbo up to
4.3GHz, 12MB
4. Graphics
Integrated Intel® Graphics
5. Display
14" WUXGA (1920x1200) IPS 400nits Anti-glare, 45% NTSC, DBEF5
6. Keyboard
Backlit, English (EU)
7. WLAN + Bluetooth
Intel® Wi-Fi® 6E AX211, 802.11ax 2x2 + BT5.3
8. Software
Operating System
Windows® 11 Pro, English
9. Dimensions(WxDxH)
313.7 x 226 x 18.92 mm (12.35 x 8.90 x 0.74 inches)
10. AudioChip
High Definition (HD) Audio, Senary SN6147 codec
Speakers
Stereo speakers, 2W x2, Dolby Audio™
Microphone
2x, Array
11. Ports
3x USB-A
2x USB-C® Thunderbolt™ 4
1x HDMI® 2.1,
1x Headphone / microphone combo jack (3.5mm)
1x Ethernet (RJ-45)
1x Nano-SIM Card Slot
12. Camera
5.0MP + IR Discrete with Privacy Shutter

4
 13. Battery
46.5Wh
14. Power
65W USB-C®
15. Weight
Less Than 1.5 KG
16. Warranty
3-year onsite manufacture warranty plus additional 2-years warranty
17. Security
Kensington® Nano Security Slot
Fingerprint Reader

3. NLSA’S RIGHTS

3.1. The NLSA is entitled to amend any tender conditions, tender validity period, tender terms
of reference, or extend the tender’s closing date, all before the tender closing date. All
Bidders, to whom the Bid documents have been issued and where the NLSA have record
of such Bidders, may be advised in writing of such amendments in good time and any
such changes will also be posted on the NLSA’s website under the relevant Bid
information. All prospective Bidders must, therefore, ensure that they visit the website
regularly and before they submit their Bid response to ensure that they are kept updated
on any amendments in this regard.

4. DURATION OF THE PROJECT

4.1. The appointed service provider shall make an undertaking that the turnaround time to
supply and deliver is within 90 days.

5. CONDITIONS OF BID

5.1. The NLSA reserves the right not to accept the lowest proposal.

5.2. The NLSA reserves the right to appoint one or more Bidders.

5.3. The NLSA reserves the right not to award the contract.

5
5.4. The NLSA reserves the right to have any documentation, submitted by the successful
Bidder checked or inspected by any other person or organisation.

5.5. The General Conditions of Contract will be applicable to this Bid.

5.6. The NLSA will not be held responsible for any costs incurred by the Bidder in the
preparation and submission of the Bid.

5.7. The Bidder may be required to prepare for a possible presentation should the NLSA
require such and the Bidder shall be notified thereof in good time before the actual
presentation date. Such presentation may include a practical demonstration of products
or services as called for in this Bid.

5.8. No upfront Payment will be done by NLSA.

5.9. The quotation is valid for a period of 90 days and may be extended at the discretion of
the NLSA.

5.10. The bidder should create a standard Image for rollout to all computers

5.11. Delivery of 90 computers at Pretoria Campus and the remaining 40 computers at

Cape Town campus

6. EVALUATION CRITERIA

Bidders will be evaluated in Three stages. First stage will be the SCM Compliance, second
stage will be functionality/technical evaluation and the third stage will be price evaluation.

6.1. STAGE ONE - SCM COMPLIANCE

6.1.1. Pre-evaluation (standard bid documents)

6.1.1.1. Fully Completed SBD 1, SBD 3.1, SBD 4, SBD 6.1, SBD 7.2 forms.

6.1.1.2. The bidder must be registered on the Central Supplier Database

(CSD).

NB: If any materials are omitted on the stated SBDs, bidders will be afforded a
maximum of 2 working days to respond to the omission.

6.1.2. Mandatory

6
 6.1.2.1. Bidder to provide a valid OEM/Distributor letter from where the
equipment will be sourced.

6.1.2.2. Bidder to provide a datasheet for the proposed equipment.

6.1.2.3. Bank rating issued by the bank with an original bank stamp grade C
and above not older than three months on the date of bid closure.

6.2. SUBMISSION FORMAT

Bid proposals should be submitted in the format as indicated below:

NB! One (1) signed original Bid document and One (1) signed electronic copy on
a USB or CD (PDF protected with a code).

6.3. Evaluation stage Two (2): Technical Evaluation

6.3.1. The datasheets will be used to verify if the specification below meets the
requirements.

Requirement Technical Specification Yes/No

Laptops as per 1. Monitor – 13.6-inch LED-backlit display

2.1.1 (2024, M3) or similar
2. Storage – 512GB SSD
3. Processor - M3 CHIP WITH 8-CORE CPU
AND 8-CORE GPU Or Similar
4. Operating System - macOS Sonoma or
latest
5. Display - Liquid Retina display 13.6-inch
(diagonal) LED-backlit display with IPS
technology;1 2560x1664 native resolution
at 224 pixels per inch 500 nits brightness
6. Keyboard -Backlit, English (EU)
7. WLAN + Bluetooth -Wi‑Fi 6E (802.11ax)4
Bluetooth 5.3
8. Dimensions(WxDxH) - 313.7 x 226 x 18.92
mm (12.35 x 8.90 x 0.74 inches)
9. AudioChip - Four-speaker sound system
10. Ports - 3.5mm headphone jack, Two
Thunderbolt / USB 4 ports with support for
Charging, DisplayPort,Thunderbolt 3 (up
to 40Gb/s), USB 4 (up to 40Gb/s)
11. 22 x Adapters USB-C Digital AV Multiport
Adapter

7
 12. Charging and Expansion - MagSafe 3
charging port
13. Size and Weight
Height: 1.13 cm
Width: 30.41 cm
Depth: 21.5 cm
Weight: 1.24 kg
14. Fingerprint Reader
15. 22 Wireless Magic Mouse

Laptops as per 1. RAM - 16GB DDR5 5600 SoDIMM

2.1.2 2. Storage – 1TB SSD M.2
3. Processor - Intel® Core™ Ultra 5 125U 12C
/ 14T, Max Turbo up to 4.3GHz, 12MB
Graphics
4. Integrated Intel® Graphics
5. Display
14" WUXGA (1920x1200) IPS 400nits Anti-
glare, 45% NTSC, DBEF5
6. Keyboard
Backlit, English (EU)
7. WLAN + Bluetooth
Intel® Wi-Fi® 6E AX211, 802.11ax 2x2 +
BT5.3
8. Software
Operating System
Windows® 11 Pro, English
Dimensions(WxDxH)
313.7 x 226 x 18.92 mm (12.35 x 8.90 x
0.74 inches)
9. AudioChip
High Definition (HD) Audio, Senary SN6147
codec
Speakers
Stereo speakers, 2W x2, Dolby Audio™
10. Camera
5.0MP + IR Discrete with Privacy Shutter
11. Microphone
2x, Array
12. Ports
3x USB-A
2x USB-C® Thunderbolt™ 4
1x HDMI® 2.1,
1x Headphone / microphone combo jack
(3.5mm)
1x Ethernet (RJ-45)
1x Nano-SIM Card Slot
13. Camera
5.0MP + IR Discrete with Privacy Shutter
14. Battery
46.5Wh
Power
65W USB-C®
15. Weight - Less Than 1.5 KG

8
 16. Security - Kensington® Nano Security Slot
Fingerprint Reader

Warranty
3-year onsite manufacture warranty plus
additional 2-years warranty

NB: Only those service providers/contractors who responded exactly as per the scope
of work and the satisfaction of the NLSA shall be considered for the pricing evaluation.

6.4. Evaluation Criteria Stage Three (3): Pricing

Preference Point System

In terms of Regulation 5 of the Preferential Procurement Regulations of 2022/23, Gazette

Number 47452 dated 4 November 2022 pertaining to the Preferential Procurement Policy
Framework Act, 2000 (Act 5 of 2000), responsive bids will be adjudicated by the State on
the 80/20-preference point in terms of which points are awarded to bidders based on: -

• The bid price (maximum 80 points)

• Specific Goals (maximum of 20 points):

• The following formula must be used to calculate the points out of 80 for price in respect
of an invitation for a tender with a Rand value equal to or below R50 million, inclusive of

all applicable taxes:

• Specific Goals (maximum of 20 points): -

Company Ownership:

• 100% youth will receive 20 points.

• Less than 100% youth will receive 10 points.

9
NB. Central Supplier Database Report will be used to verify the above.

Bidders to submit pricing as follows:

Item Description Quantity Unit Price Total Price

Laptop

Delivery

Other required (specify)

Total Cost

7. ENQUIRIES

All enquiries regarding this tender must be directed to the SCM Office:

For any Bid related enquiries please sent to the following email address quoting the
Bid Number. Description as a Reference; [email protected] OR (012)
401 3017/9700/81

10
 PART A
INVITATION TO BID SBD1

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
BID NUMBER: NLSA 05 /2024-2025 CLOSING DATE: 11 February 2025 CLOSING TIME: 11h00
APPOINTMENT OF A OF SERVICE PROVIDERS TO SUPPLY AND DELIVER LAPTOPS AT THE NATIONAL LIBRARY
DESCRIPTION PRETORIA AND CAPE TOWN CAMPUSES
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
National Library of South Africa
228 Johannes Ramokhoase Street

Pretoria,0001

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Patience Shiburi CONTACT PERSON
TELEPHONE NUMBER 012 401 9770 TELEPHONE NUMBER
FACSIMILE NUMBER N/A FACSIMILE NUMBER
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
SUPPLIER TAX CENTRAL
COMPLIANCE STATUS COMPLIANCE SUPPLIER
OR
SYSTEM PIN: DATABASE
No:
1. ARE YOU
THE ACCREDITED
2. ARE YOU A FOREIGN
REPRESENTATIVE IN Yes No
BASED SUPPLIER FOR THE GOODS
SOUTH AFRICA FOR Yes No
/SERVICES OFFERED?
THE GOODS [IF YES, ANSWER THE
/SERVICES [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 PERMANENT ESTABLISHMENT IN THE RSA? YES NO
DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS
SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.

11
 PART B SBD 1
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
2.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT
BE ACCEPTED FOR CONSIDERATION.
2.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED (NOT TO BE RE-TYPED) OR IN THE
MANNER PRESCRIBED IN THE BID DOCUMENT.
2.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND,
IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
2.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM
(SBD7).

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED
BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS
WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED; EACH PARTY
MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER
DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH
DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH
MEMBERS PERSONS IN THE SERVICE OF THE STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID
INVALID.

SIGNATURE OF BIDDER:
……………………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED:

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

DATE: ……………………………

12
 SBD 3.1
PRICING SCHEDULE – FIRM PRICES (PURCHASES)

NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES
SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED
IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE
PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT

Name of bidder. Bid number.

Closing Time. Closing date.

OFFER TO BE VALID FOR………DAYS FROM THE CLOSING DATE OF BID.

ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY
NO. ** (ALL APPLICABLE TAXES INCLUDED)

- Required by: …….. ………………………….

- At: ……. ………………………….

……..………………………….

- Brand and model …… ………………………….

- Country of origin ……. ………………………….

- Does the offer comply with the specification(s)? *YES/NO

- If not to specification, indicate deviation(s) ………………………………….

- Period required for delivery ………………………………….

*Delivery: Firm/not firm
- Delivery basis ……………………………………
-

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

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies.

*Delete if not applicable

13
 SBD 4
BIDDER’S DISCLOSURE

1. PURPOSE OF THE FORM

Any person (natural or juristic) may make an offer or offers in terms of this
invitation to bid. In line with the principles of transparency, accountability,
impartiality, and ethics as enshrined in the Constitution of the Republic of
South Africa and further expressed in various pieces of legislation, it is required
for the bidder to make this declaration in respect of the details required
hereunder.

Where a person/s are listed in the Register for Tender Defaulters and / or the
List of Restricted Suppliers, that person will automatically be disqualified from
the bid process.

2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members /
partners or any person having a controlling interest1 in the enterprise,
employed by the state? YES/NO

2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if
applicable, state employee numbers of sole proprietor/ directors / trustees /
shareholders / members/ partners or any person having a controlling interest
in the enterprise, in table below.
Full Name Identity Number Name of State
institution

1.2 Do you, or any person connected with the bidder, have a relationship with any
person who is employed by the procuring institution? YES/NO

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.

14
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:

…………………………………………………………………………….
…………………………………………………………………………….

3 DECLARATION

I, the undersigned,
(name)……………………………………………………………………. in
submitting the accompanying bid, do hereby make the following statements
that I certify to be true and complete in every respect:

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

3.2 I understand that the accompanying bid will be disqualified if this disclosure is
found not to be true and complete in every respect;
3.3 The bidder has arrived at the accompanying bid independently from, and
without consultation, communication, agreement or arrangement with any
competitor. However, communication between partners in a joint venture or
consortium2 will not be construed as collusive bidding.
3.4 In addition, there have been no consultations, communications, agreements
or arrangements with any competitor regarding the quality, quantity,
specifications, prices, including methods, factors or formulas used to calculate
prices, market allocation, the intention or decision to submit or not to submit
the bid, bidding with the intention not to win the bid and conditions or delivery
particulars of the products or services to which this bid invitation relates.
3.4 The terms of the accompanying bid have not been, and will not be, disclosed
by the bidder, directly or indirectly, to any competitor, prior to the date and time
of the official bid opening or of the awarding of the contract.

3.5 There have been no consultations, communications, agreements or

arrangements made by the bidder with any official of the procuring institution
in relation to this procurement process prior to and during the bidding process
except to provide clarification on the bid submitted where so required by the
institution; and the bidder was not involved in the drafting of the specifications
or terms of reference for this bid.

2 Joint venture or Consortium means an association of persons for the

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

15
3.6 I am aware that, in addition and without prejudice to any other remedy provided
to combat any restrictive practices related to bids and contracts, bids that are
suspicious will be reported to the Competition Commission for investigation
and possible imposition of administrative penalties in terms of section 59 of the
Competition Act No 89 of 1998 and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted
from conducting business with the public sector for a period not exceeding ten
(10) years in terms of the Prevention and Combating of Corrupt Activities Act
No 12 of 2004 or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2

and 3 ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST

ME IN TERMS OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF

2021/22 ON PREVENTING AND COMBATING ABUSE IN THE SUPPLY

CHAIN MANAGEMENT SYSTEM SHOULD THIS DECLARATION PROVE

TO BE FALSE.

……………………………… ..……………………………………………
Signature Date

……………………………… ………………………………………………
Position Name of bidder

16
 SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

This preference form must form part of all tenders invited. It contains general information
and serves as a claim form for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE

GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN
RESPECT OF THE TENDER AND PREFERENTIAL PROCUREMENT
REGULATIONS, 2022

1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).
a) The applicable preference point system for this tender is the 90/10 preference
point system.

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

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender.
The lowest/ highest acceptable tender will be used to determine the accurate
system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts)
shall be awarded for:
(a) Price; and
(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:
POINTS
PRICE

17
 SPECIFIC GOALS
Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms
of this tender to claim points for specific goals with the tender, will be interpreted to
mean that preference points for specific goals are not claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the organ of state.

2. DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in
response to an invitation to provide goods or services through price quotations,
competitive tendering process or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and
includes all applicable taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
(d) “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; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No.
5 of 2000).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10
𝑷𝒕−𝑷 𝒎𝒊𝒏 𝑷𝒕−𝑷 𝒎𝒊𝒏
𝑷𝒔 = 𝟖𝟎 (𝟏 − ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏 𝑷 𝒎𝒊𝒏
Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

18
 Pmin = Price of lowest acceptable tender

3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME

GENERATING PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10
𝑷𝒕−𝑷 𝒎𝒂𝒙 𝑷𝒕−𝑷 𝒎𝒂𝒙
𝑷𝒔 = 𝟖𝟎 (𝟏 + ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 + )
𝑷 𝒎𝒂𝒙 𝑷𝒎𝒂𝒙

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender

4. POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the
tender. For the purposes of this tender the tenderer will be allocated points based on
the goals stated in table 1 below as may be supported by proof/ documentation stated
in the conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which
states that, if it is unclear whether the 80/20 or 90/10 preference point system applies,
an organ of state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20
or 90/10 preference point system will apply and that the highest acceptable
tender will be used to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point
system will apply and that the lowest acceptable tender will be used to
determine the applicable preference point system,
then the organ of state must indicate the points allocated for specific goals for both
the 90/10 and 80/20 preference point system.

19
Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is
applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.)

Number of Number of Number of

points Number of points points
points claimed claimed
allocated
allocated (90/10 (80/20
(90/10 system)
The specific goals (80/20 system)
system)
allocated points in system) (To be
(To be (To be
terms of this tender completed
completed by (To be completed
by the by the
the organ of completed
tenderer) tenderer)
state) by the organ
of state)
100% youth will receive
20
20 points.

Less than 100% youth 10

will receive 10 points.

DECLARATION WITH REGARD TO COMPANY/FIRM

4.3. Name of company/firm…………………………………………………………………….

4.4. Company registration number:

…………………………………………………………...

4.5. TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety
 Close corporation
 Public Company
 Personal Liability Company
 (Pty) Limited
 Non-Profit Company
 State Owned Company
[TICK APPLICABLE BOX]

20
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm,
certify that the points claimed, based on the specific goals as advised in the tender,
qualifies the company/ firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions
as indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown
in paragraphs 1.4 and 4.2, the contractor may be required to furnish
documentary proof to the satisfaction of the organ of state that the claims are
correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any
of the conditions of contract have not been fulfilled, the organ of state may, in
addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as
a result of that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered
as a result of having to make less favourable arrangements due
to such cancellation;
(d) recommend that the tenderer or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted from obtaining business from any
organ of state for a period not exceeding 10 years, after the audi
alteram partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution, if deemed necessary.

……………………………………….
SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ……………………………………………………….

DATE: ………………………………………………………
ADDRESS: ………………………………………………………
………………………………………………………
………………………………………………………
………………………………………………………

21
 SBD 7.2
CONTRACT FORM - RENDERING OF SERVICES
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1)
AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT
THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF
ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)

1. I hereby undertake to render services described in the attached bidding documents to (name of the
institution)......................................................... in accordance with the requirements and task directives
/ proposals specifications stipulated in Bid Number ............................... at the price/s quoted. My offer/s
remain binding upon me and open for acceptance by the Purchaser during the validity period indicated
and calculated from the closing date of the bid .

2. The following documents shall be deemed to form and be read and construed as part of this agreement:

(i) Bidding documents, viz

- Invitation to bid;
- Proof of tax compliance status;
- Pricing schedule(s);
- Filled in task directive/proposal;
- Preference claim form for Preferential Procurement in terms of the Preferential
Procurement Regulations;
- Bidder’s Disclosure form;
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and
rate(s) quoted cover all the services specified in the bidding documents; that the price(s) and rate(s)
cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations
will be at my own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions
devolving on me under this agreement as the principal liable for the due fulfillment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person
regarding this or any other bid.

6. I confirm that I am duly authorised to sign this contract.

NAME (PRINT) …………………………….

WITNESSES
CAPACITY …………………………….
1 …….………………………
SIGNATURE …………………………….
…….
NAME OF FIRM …………………………….
2 ……….……………………
DATE …………………………….

22
 SBD 7.2
CONTRACT FORM - RENDERING OF SERVICES

PART 2 (TO BE FILLED IN BY THE PURCHASER)

1. I……………………………………………. in my capacity
as……………………...………………………………...
accept your bid under reference number ………………dated ................................... for the rendering of
services indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating service delivery instructions is forthcoming.

3. I undertake to make payment for the services rendered in accordance with the terms and conditions of
the contract, within 30 (thirty) days after receipt of an invoice.

POINTS
PRICE(ALL CLAIMED
DESCRIPTION OF APPLICABLE COMPLETION TOTAL PREFERENCE FOR
SERVICE TAXES DATE POINTS CLAIMED EACH
INCLUDED) SPECIFIC
GOAL

4. I confirm that I am duly authorised to sign this contract.

SIGNED AT ………………………………………ON………………………………..

NAME (PRINT) ………………………………………….

SIGNATURE …………………………………………

OFFICIAL STAMP WITNESSES

1 ….……………………….

2 …..………………………

DATE:

23
 THE NATIONAL TREASURY

Republic of South Africa

GOVERNMENT PROCUREMENT:

GENERAL CONDITIONS OF CONTRACT

July 2010

24
3 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 (ii) To ensure that clients be familiar with
regard to the rights 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.

25
 TABLE OF CLAUSES

1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices

26
 General Conditions of Contract

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.

“Contract” means the written agreement entered into

1.2 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
1.5 execution.
"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.

27
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.

28
 1.17 “Local content” means that portion of the bidding price which
is not included in the imported content provided that local
manufacture does take place.

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

using labour, materials, components and machinery and
includes other related value-adding activities.

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

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

in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the

supply of the goods, such as transportation and any other
incidental services, such as installation, commissioning,
provision of technical assistance, training, catering,
gardening, security, maintenance and other such obligations
of the supplier covered under the contract.

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

of electronic or mechanical writing.

2. Application 2.1 These general conditions are applicable to all bids, contracts and
orders including bids for functional and professional services, sales, hiring, letting
and the granting or acquiring of rights, but excluding
immovable property, unless otherwise indicated in the
bidding documents.

2.2 Where applicable, special conditions of contract are also laid

down to cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with

these general conditions, the special conditions shall apply.

3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser
shall not be liable for any expense incurred in the preparation and submission of
a bid. Where applicable a non-refundable fee for documents may be charged.

29
 3.2 With certain exceptions, invitations to bid are only published
in the Government Tender Bulletin. The Government Tender
Bulletin may be obtained directly from the Government
Printer, Private Bag X85, Pretoria 0001, or accessed
electronically from www.treasury.gov.za

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

5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,
contract disclose the contract, or any provision thereof, or any specification,
documents plan, drawing, pattern, sample, or information furnished by or on and
behalf of the purchaser in connection therewith, to any person other information;
than a person employed by the supplier in the performance of the inspection.
contract. Disclosure to any such employed person shall be made in confidence
and shall extend only so far as may be necessary for purposes of such
performance.

5.2 The supplier shall not, without the purchaser’s prior written
consent, make use of any document or information
mentioned in GCC clause 5.1 except for purposes of
performing the contract.

5.3 Any document, other than the contract itself mentioned in

GCC clause 5.1 shall remain the property of the purchaser
and shall be returned (all copies) to the purchaser on
completion of the supplier’s performance under the contract
if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the

supplier’s records relating to the performance of the supplier
and to have them audited by auditors appointed by the
purchaser, if so required by the purchaser.

6. Patent rights6.1 The supplier shall indemnify the purchaser against all third-party
claims of infringement of patent, trademark, or industrial design rights arising from
use of the goods or any part thereof by the purchaser.

7. Performance 7.1Within thirty (30) days of receipt of the notification of contract

award, securitythe 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.

30
 7.3 The performance security shall be denominated in the
currency of the contract, or in a freely convertible currency
acceptable to the purchaser and shall be in one of the
following forms:

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

issued by a reputable bank located in the purchaser’s
country or abroad, acceptable to the purchaser, in the
form provided in the bidding documents or another
form acceptable to the purchaser; or
(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the

purchaser and returned to the supplier not later than thirty
(30) days following the date of completion of the supplier’s
performance obligations under the contract, including any
warranty obligations, unless otherwise specified in SCC.

8. Inspections, 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.

31
 8.6 Supplies and services which are referred to in clauses 8.2
and 8.3 and which do not comply with the contract
requirements may be rejected.

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

tested or
analyzed and may be rejected if found not to comply with
the requirements of the contract. Such rejected supplies
shall be held at the cost and risk of the supplier who shall,
when called upon, remove them immediately at his own
cost and forthwith substitute them with supplies which do
comply with the requirements of the contract. Failing such
removal the rejected supplies shall be returned at the
suppliers cost and risk. Should the supplier fail to provide
the substitute supplies forthwith, the purchaser may,
without giving the supplier further opportunity to substitute
the rejected supplies, purchase such supplies as may be
necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the
right of the purchaser to cancel the contract on account of a
breach of the conditions thereof, or to act in terms of Clause
23 of GCC.

9. Packing 9.1 The supplier shall provide such packing of the goods as is required
to prevent their damage or deterioration during transit to their final destination, as
indicated in the contract. The packing shall be sufficient to withstand, without
limitation, rough handling during transit and exposure to extreme temperatures,
salt and precipitation during transit, and open storage. Packing, case size and
weights shall take into consideration, where appropriate, the remoteness of the
goods’ final destination and the absence of heavy handling facilities at all points
in transit.

9.2 The packing, marking, and documentation within and

outside the packages shall comply strictly with such special
requirements as shall be expressly provided for in the
contract, including additional requirements, if any, specified
in SCC, and in any subsequent instructions ordered by the
purchaser.

10. Delivery 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.

32
11. Insurance11.1 The goods supplied under the contract shall be fully insured in a
freely convertible currency against loss or damage incidental to manufacture or
acquisition, transportation, storage and delivery in the manner specified in the
SCC.

12. Transportation12.1 Should a price other than an all-inclusive delivered price be

required, this shall be specified in the SCC.

13. 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;
(c) furnishing of a detailed operations and maintenance
manual for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair
of the supplied goods, for a period of time agreed by the
parties, provided that this service shall not relieve the
supplier of any warranty obligations under this contract;
and
(e) training of the purchaser’s personnel, at the supplier’s
plant and/or on-site, in assembly, start-up,
operation, maintenance, and/or repair of the
supplied goods.

13.2 Prices charged by the supplier for incidental services, if not

included in the contract price for the goods, shall be agreed
upon in advance by the parties and shall not exceed the
prevailing rates charged to other parties by the supplier for
similar services.

14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any
or all of the following materials, notifications, and information pertaining to spare
parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from
the supplier, provided that this election shall not relieve the
supplier of any warranty obligations under the contract; and
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending
termination, in sufficient time to permit the purchaser
to procure needed requirements; and
(ii) following such termination, furnishing at no cost to the
purchaser, the blueprints, drawings, and
specifications of the spare parts, if requested.

33
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.

16. Payment16.1 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.

34
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 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.

19. Assignment 19.1The 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 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

35
 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.

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all
22. Penalties
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 23.1 The purchaser, without prejudice to any other remedy for breach
of for default contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within
the period(s) specified in the contract, or within any
extension thereof granted by the purchaser pursuant to
GCC Clause 21.2.
(b) if the Supplier fails to perform any other obligation(s)
under the contract; or
(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

36
 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. 12 of 2004, 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

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

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are
and countervailing required, or antidumping or countervailing duties are
duties and rights
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 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.

26. Termination 26.1 Thepurchaser 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.

27. Settlement of27.1 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.

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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 28.1 Except in cases of criminal negligence or willful misconduct, and
in liability
the case of infringement pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in
contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier to pay penalties and/or
damages to the purchaser; and

(b) the aggregate liability of the supplier to the purchaser,

whether under the contract, in tort or otherwise, shall not
exceed the total contract price, provided that this limitation
shall not apply to the cost of repairing or replacing defective
equipment.
29. 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.

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

31.1 Every written acceptance of a bid shall be posted to the supplier

31. Notices
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

39
 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 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp
duties duties, license fees, and other such levies imposed outside the

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

Industrial Trade and Industry shall be applicable to all contracts that
Participation (NIP) are subject to the NIP obligation.
Programme

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Restrictive practices 34.1 In terms of section 4 (1) (b) (iii) of the Competition Act
No. 89 of 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. 89 of 1998.

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)

Page 41 of 42
 Submitted by Recommended by

Ms. Sonto Molemo Ms. Lebaone Lobelo

BSC Chairperson BAC Chairperson

Approved by

Mr. Kepi Madumo

National Librarian and CEO

Page 42 of 42