Appointment of a Panel of Suitable Service Providers for the Provision of Helicopter Services on Ad-hoc Basis for the a Period of Three (3) Years

Tender Number:	GNP-004-20
Department:	South African National Parks
Tender Type:	Request for Proposal
Province:	National
Closing Date:	Monday, 14 March 2022 - 11:00
Place where goods, works or services are required:	643 LEYDS STREET - MUCKLENEUK - PRETORIA - 0002
Special Conditions:	The link to the compulsory briefing session has been provided on the bid document
ENQUIRIES:
Contact Person:	Quinton Chetty
Email:	[email protected]
Telephone number:	012-426-5247
FAX Number:	N/A
BRIEFING SESSION:
Is there a briefing session?: Yes	Is it compulsory? Yes
Briefing Date and Time:	Tuesday, 01 March 2022 - 11:30
Briefing Venue:	MS Teams

This tender is also available from www.etenders.gov.za

{TENDER_DOCUMENTS_TEXT_START} APPOINTMENT OF A PANEL OF SUITABLE SERVICE PROVIDERS FOR THE PROVISION OF HELICOPTER SERVICES ON AD-HOC BASIS FOR THE A PERIOD OF THREE (3) YEARS Tender Number: GNP-004-20 Department: South African National Parks Tender Type: Request for Proposal Province: National Closing Date: Monday, 14 March 2022 - 11:00 Place where goods, works or services are required: 643 LEYDS STREET - MUCKLENEUK - PRETORIA - 0002 Special Conditions: The link to the compulsory briefing session has been provided on the bid document ENQUIRIES: Contact Person: Quinton Chetty Email: [email protected] Telephone number: 012-426-5247 FAX Number: N/A BRIEFING SESSION: Is there a briefing session?: Yes Is it compulsory? Yes Briefing Date and Time: Tuesday, 01 March 2022 - 11:30 Briefing Venue: MS Teams This tender is also available from www.etenders.gov.zaINVITATION TO BID (SBD 1 PART A) YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF SOUTH AFRICAN NATIONAL PARKS CLOSING DATE: BID NUMBER: GNP-004-20 DESCRIPTION APPOINTMENT OF A PANEL OF SUITABLE SERVICE PROVIDERS FOR THE PROVISION OF HELICOPTER SERVICES ON AD-HOC BASIS FOR THE A PERIOD OF THREE (3) YEARS 14 March 2022 C CLOSING TIME: 11h00 BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) 643 LEYDS STREET, MUCKLENEUK, PRETORIA (MAIN GATE) Bid Number GNP-004-20 Page 1 of 62 Initials: BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO: CONTACT PERSON Quinton Chetty CONTACT PERSON Lourens De Lange E-MAIL ADDRESS [email protected] E-MAIL ADDRESS Lourens.delange@sanparks. org SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER TAX COMPLIANC E SYSTEM PIN: CENTRAL SUPPLIER DATABASE No: CELLPHONE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER SUPPLIER COMPLIANCE STATUS B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE TICK APPLICABLE BOX] Yes B-BBEE STATUS LEVEL SWORN AFFIDAVIT MAAA [TICK APPLICABLE BOX] Yes No No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR BBBEE] 2.1 ARE YOU THE ACCREDITED REPRESENTAT IVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS Yes No [IF YES ENCLOSE PROOF] Bid Number GNP-004-20 2.2 ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED? Page 2 of 62 Yes No [IF YES, ANSWER PART B:3 ] Initials: OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW. 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) OR IN THE MANNER PRESCRIBED IN THE BID DOCUMENT. 1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT. 1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7) AND/OR AN SLA. 2. TAX COMPLIANCE REQUIREMENTS 2.3 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 2.4 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. 2.5 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA EFILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 2.6 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 2.7 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 2.8 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. Bid Number GNP-004-20 Page 3 of 62 Initials: 2.9 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: ………………………… THE SUCCESSFUL BIDDER WILL BE REQUIRED TO SIGN A WRITTEN CONTRACT WITH SANParks. Validity Period From Date Of Closure: 150 days BID RESPONSE DOCUMENTS ARE DEPOSITED IN THE BID BOX SITUATED AT: Date: 01 March 2022, 11:30am COMPULSORY BRIEFING SESSION Venue: Microsoft Teams Meeting link: Click here to join the meeting Note: As this is a compulsory briefing session, any bids that are received from bidders who do not attend the briefing session, will not be considered. No exceptions will be made in this regard for any reason whatsoever. Bid Number GNP-004-20 Page 4 of 62 Initials: TABLE OF CONTENTS INVITATION TO BID (SBD 1 part A) ................................................................................... 1 SBD 1 SIGNATURE............................................................................................................ 6 SETS OF BID DOCUMENTS REQUIRED: ......................................................................... 6 MANDATORY RETURNABLE DOCUMENT CHECKLIST TO QUALIFY FOR EVALUATION ........................................................................................................................................... 6 THE BIDDING SELECTION PROCESS ............................................................................. 8 BID PROCEDURE CONDITIONS: .................................................................................... 10 THE BID CONTRACT ....................................................................................................... 13 INTRODUCTION TO SANParks ....................................................................................... 13 INTRODUCTION TO SANPARKS BUSINESS UNIT RESPONSIBLE FOR THIS BID ...... 13 CONTEXT OF THIS PROCUREMENT ............................................................................. 14 CONTRACT PERIOD ....................................................................................................... 14 SPECIFICATIONS ............................................................................................................ 14 SBD 3.1: PRICING DETAIL WITH FIRM UNIT PRICES ................................................... 22 GENERAL CONDITIONS OF CONTRACT ....................................................................... 24 PREFERENCE POINTS CLAIMED (SBD 6.1) .................................................................. 39 SBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION ................................. 44 SBD 8 - DECLARATION OF BIDDER’S PAST SCM PRACTICES ................................... 45 SBD 4 - DECLARATION OF INTEREST WITH GOVERNMENT ...................................... 46 BID SUBMISSION CERTIFICATE FORM ......................................................................... 53 Bid Number GNP-004-20 Page 5 of 62 Initials: SBD 1 SIGNATURE NAME OF THE DULY AUTHORISED PERSON: SIGNATURE: DATE: CAPACITY UNDER WHICH THIS BID IS SIGNED: SETS OF BID DOCUMENTS REQUIRED: Number of ORIGINAL bid documents for contract signing TWO (02) Bidders must submit the above number of original bid documents (including the bidder’s response to the specification and the bidder’s pricing) in hard copy format (paper document) and a copy of the bid document on a memory stick to SANParks. These serve as the original sets of bid documents and form part of the contract. SANParks with the awarded bidder sign these original contracts in black ink. The signed legal contract constitutes the closure of the competitive bid/tender/request for quotation process and sets out each party’s obligations for executing the contract. These original document sets serve as the legal bid document and the contract document between the bidder and SANParks. The bidders attach the originals or certified copies of any certificates stipulated in this document to these original sets of bid documents. MANDATORY RETURNABLE DOCUMENT CHECKLIST TO QUALIFY FOR EVALUATION In this phase ALL bids received will be verified for compliance and completeness of the submitted proposal per the below set of mandatory requirements. Bidders who fail to comply with the below requirements MAY be eliminated and bidders who comply with the below progress to the next phase of technical evaluation. MANDATORY RETURNABLE DOCUMENTS Bid Section Reference Supplier MUST provide a Valid Air Operating Certificate (AOC) and an Air Services License (ASL) YES NO issued by the South African Civil Aviation Authority (SACAA) that must be in the bidder’s name as per their company registration documents. (Please provide copies as proof) Bid Number GNP-004-20 Page 6 of 62 Initials: Supplier MUST provide a Valid Air Operations Specification (AOS) issued by the South African Civil Aviation Authority (SACAA) with General Air Service Class iii, Aircraft Category H2 YES NO YES NO YES NO YES NO YES NO YES NO Yes No The bidder must be certified for the following types of air services: G3, G10 and G15, which must be reflected in the ASL The bidder MUST provide a Valid Air Services License (Issued by the Air Service Licensing Council of South Africa) Class iii with Types of Air Services G10 and Categories of Aircraft H2 The bidder must provide Proof of Pilot flying hours of experience on a turbine engine helicopter with special reference to Aerial Census Hours. (Please provide a Certified Copy of Pilot Logbook Hours.) The bidder must provide a Valid Commercial pilot license with Cull Rating issued by the SACAA for the dedicated pilot. (Please provide a certified copy) Proof of dedicated Pilot flying hours of experience: O The dedicated pilot must have a minimum of 2500 total helicopter flying hours of which must be; O A minimum of 500 Game Rating Hours o A minimum of 500 Turbine hours (Please provide a Certified Copy of Pilot Logbook Hours). The bidder must provide a valid commercial helicopter pilots licence for the dedicated pilot: o Pilot proficiency test, o Valid Medical Certificate o Valid CRM Certificate and a o Valid Dangerous Goods (DG) Certificate o Valid Game/Cull Rating Bid Number GNP-004-20 Page 7 of 62 Initials: o Valid Sling/ External Load Rating Copy of the employment contract of the dedicated pilot The bidder MUST provide proof of a combined 3rd Party and Passenger Liability of a minimum of R 50 000 000.00 million per incident) and insurance reference must be given and coverage must include darting and other dangerous flying work. A signed letter of undertaking must be provided to confirm that this insurance requirement will be met upon contracting or awarding of this tender. Please provide a signed letter of undertaking. The bidder must provide a minimum of 3 Reference letters from contactable reference clients where the value of the services are R2 million or more over a contract period of at least 2 years or more. YES NO MINIMUM RETURNABLE DOCUMENTS: COMPLIANCE AND COMPLETENESS CRITERIA  Invitation to Bid (SBD 1) must be fully completed  Submission of Tax Clearance Status (TCS) PIN from SARS  Submission of fully completed Pricing Schedule SBD 3.1 Firm Prices  Submission of fully completed SBD 4 (Declaration of Interest)  Submission of fully completed SBD 6.1 (Preference Claim Certificate), accompanied by the original or certified B-BBEE Status Level Verification Certificate as issued by SANAS accredited service providers or a certified copy of a Sworn Affidavit by the Commissioner of Oaths.  Submission of fully completed SBD 8 (Declaration of Bidders Past SCM Practice)  Submission of fully completed SBD 9 (Certificate of Independent Bid Determination)  Proof of Registration on Central Supplier Database  Initialled copy of the General Conditions of Contract THE BIDDING SELECTION PROCESS Stage 1 – Compliance to submission requirements Bidders warrant that their proposal document has, as a minimum, the specified documents required for evaluating their proposals as set out in the Returnable Document List. Bid Number GNP-004-20 Page 8 of 62 Initials: SANParks evaluates only procurement responses that are 100% acceptable in terms of the Returnable Document List and disqualifies non-acceptable responses for Stage 2. Stage 2 – Due Diligence Interviews / Presentations 1. Where circumstances justifies it, SANParks will conduct interviews with shortlisted bidders for them to present further information or provide further proof to the evaluation committee. In these cases, SANParks may provide the areas of concern to the short listed bidders to address in their presentations. Bidders making the minimum evaluation score will pass to the price/preference stage. Stage 3 – Price/Preference Evaluation Basis of competition: SANParks compares each bidder’s pricing proposal on an equal and fair comparison basis that is equitable to all bidders taking into account all aspects of the bids pricing requirements. SANParks conducts fair market-related pricing tests to arrive at an opinion of reasonableness of the bid price offered. Due diligence tests for reasonableness of price: SANParks conducts fair market-related pricing tests to arrive at an opinion of reasonableness of the bid price offered. Where these tests reflect defective pricing or pricing outside of the fair market-related price range, the evaluators will recommend price negotiation with the winning bidder to bring the price within the fair market-related price range as tested. Where the winning bidder does not want to participate in the price negotiation or provide a fair market-related price, SANParks cancels the award and commences price negotiations with the second bidder in the price/preference ranking. Ranking of the bidders pricing: SANParks ranks the qualifying bids on price and preference points claimed in the following manner: Price – for bids qualifying for this stage, the lowest priced Bid receives the highest price score as set out in the Preferential Procurement Policy Act; Preference - for bids qualifying for this stage, addition of the claimed preference points in the preference claim form (SBD6.1) where supported by a valid BBBEE certification to the price ranking scores. Bid Number GNP-004-20 Page 9 of 62 Initials: Award recommendation: In the case of this bid, SANParks will appoint the top three (3) bidders, with the highest combined score, to the panel, subject to the bidder having supplied the relevant administrative documentation. BID PROCEDURE CONDITIONS: Counter Conditions SANParks draws bidders’ attention that amendments to any of the Bid Conditions or setting of counter conditions by bidders will result in the invalidation of such bids. Two Envelope System Required for Technical and Pricing The objective is to evaluate the Proposals Section without reference to the Price Section ensuring both sections are evaluated fairly and unbiased. The first envelope (first secured PDF) holds all documents excluding the SBD 3 (price summary schedule) and detailed supporting pricing documentation. The second envelope (second secured PDF) holds the SBD 3 and the detailed supporting pricing documentation. An outer envelope encloses both envelopes. SANParks only opens the technical proposal at the evaluation stage and only opens the pricing proposal for those bidders who meet the predefined threshold at the proposal evaluation. Response Preparation Costs SANParks is NOT liable for any costs incurred by a bidder in the process of responding to this Bid Invitation, including on-site presentations. Cancellation Prior To Awarding SANParks reserves the right to withdraw and cancel the Bid Invitation prior to making an award. The cancellation grounds include insufficient funds, where the award price is outside of the objective determined fair market-related price range (in terms of the Preferential Procurement Policy Framework Act or any process impropriety. Collusion, Fraud And Corruption Any effort by Bidder/s to influence evaluation, comparisons, or award decisions in any manner will result in the rejection and disqualification of the bidder concerned. Bid Number GNP-004-20 Page 10 of 62 Initials: Fronting SANParks, in ensuring that bidders conduct themselves in an honest manner will, as part of the bid evaluation processes where applicable, conduct or initiate the necessary enquiries/investigations to determine the accuracy of the representation made in the bid documents. Should SANParks establish any of the fronting indicators as contained in the Department of Trade and Industry’s “Guidelines on Complex Structures and Transactions and Fronting” during such inquiry/investigation, the onus is on the bidder to prove that fronting does not exist? Failure to do so within a period of 7 days from date of notification will invalidate the bid/contract and may also result in the restriction of the bidder to conduct business with the public sector for a period not exceeding 10 years, in addition to any other remedies SANParks may have against the bidder concerned. Bid Number GNP-004-20 Page 11 of 62 Initials: DISCLAIMERS SANParks has produced this document in good faith. SANParks, its agents, and its employees and associates do not warrant its accuracy or completeness. To the extent that SANParks is permitted by law, SANParks will not be liable for any claim whatsoever and how so ever arising (including, without limitation, any claim in contract, negligence or otherwise) for any incorrect or misleading information contained in this document due to any misinterpretation of this document. SANParks makes no representation, warranty, assurance, guarantee or endorsements to any provider/bidder concerning the document, whether with regard to its accuracy, completeness or otherwise and SANParks shall have no liability towards the responding service providers or any other party in connection therewith. INTENTION TO SELL Is the bidder in the process of selling the bidding company? ❑ YES ❑ NO Does the bidder have any intension of selling the bidding company within the next 12 months? ❑ YES ❑ NO Does the bidder have any intension of selling the bidding company within the next 12 months to 60 months? ❑ YES ❑ NO SANParks reserves the right not to award to any bidder who answers any of the questions above “yes” should the bidder be the overall highest points scorer. However the decision not to award will be on a case by case basis. Bid Number GNP-004-20 Page 12 of 62 Initials: THE BID CONTRACT INTRODUCTION TO SANPARKS SANParks was initially established in terms of the now repealed National Parks Act, 57 of 1976 and continue to exist in terms of the National Environmental Management: Protected Areas Act, 57 of 2003; with the mandate to conserve; protect; control; and manage national parks and other defined protected areas and their biological diversity (Biodiversity). As a public entity, SANParks is also governed by the Public Finance Management Act, Act 1 of 1999 (as amended by Act 29 of 1999), and it is listed as Schedule 3 Part A: 25 public entity. Our vision is to have a sustainable National Park System connecting society. Our mandate is to deliver of Conservation Mandate by Excelling in the Management of a National Park System. Our mission is to develop, expand, manage and promote a system of sustainable national parks that represents biodiversity and heritage assets, through innovation and best practice for the just and equitable benefit of current and future generations. INTRODUCTION TO SANPARKS BUSINESS UNIT RESPONSIBLE FOR THIS BID There has been an increase in demand for conservation support in the National Parks due to an upsurge in poaching, as well as more intensive management interventions required through the development of smaller parks. SANParks therefore require aircraft support for wildlife removals to stock other national parks to comply with contractual agreements, to generate income for the Park Development Fund through wildlife sales, and for SANParks’ contribution to the Wildlife Economy In addition, the management of certain species in smaller parks (e.g. carnivores and elephants) requires specialized management interventions such as contraception and translocations, and increased anti-poaching activities often require aerial support. Finally, regular wildlife surveys are necessary to determine the effects of all of these interventions, as well as to provide robust information for decision-making for subsequent years. The rise in poaching of rhino in the Kruger NP has limited the availability of the SANParks helicopters for the above-mentioned operations, even within the Kruger NP itself. An inability to provide such aerial support timeously poses serious risks to SANParks’ ability to undertake the required interventions on schedule, with associated implications for the ecological processes and species being managed. Bid Number GNP-004-20 Page 13 of 62 Initials:  South African National Parks therefore requires the services of a professional service provider with a suitably experienced pilot to supply and operate a Small-turbine engine helicopter (STEH) and a four-seater piston driven engine (FSPEH) in all of the national parks. CONTEXT OF THIS PROCUREMENT The appointment of a panel of suitable service providers for the provision helicopter services on an ad-hoc basis to South African National Parks. CONTRACT PERIOD The duration of this contract will be for a period of three (03) years. SPECIFICATIONS SCOPE OF WORK The following scope of work includes the services that will be required from the successful bidder: Helicopter services: Helicopter services includes the provision of a Small Turbine Engine Helicopter (STEH) as well as the helicopter services for a Four (4) Seater Piston Driven helicopter (Similar to a Raven II) (FSPDH) SMALL TURBINE ENGINE HELICOPTER SPECIFICATIONS:  Helicopter MUST be equipped with safety equipment  Emergency plan and reaction with flight-following capabilities  Helicopter MUST be equipped with an operational communication system inclusive of a ground-to-air radio, and must provide direct internal communication between the pilot and any passenger.  Helicopter MUST be equipped with high skids.  Helicopter MUST be equipped with flotation equipment (only when doing island work, if and when required)  Helicopter MUST be equipped with a siren for the purpose of wildlife capture operations  The helicopter MUST be equipped with a safety flying helmet for the pilot.  The helicopter MUST be equipped with a safety flying helmet for the Veterinarian in case of wildlife darting operations.  The helicopter MUST be equipped with a certified full body harness and dual attachment points on harness and machine (helicopter) in case of wildlife darting. Bid Number GNP-004-20 Page 14 of 62 Initials:  The helicopter MUST be equipped with an Aviation GPS capable of projecting the helicopter’s bearing in order to maintain the course of survey transects accurately.  The helicopter MUST be equipped with a cargo hook in case slinging operations are required.  The helicopter MUST have removable or sliding doors for darting operations and adequate visibility during surveys.  The helicopter MUST be equipped with specialized software capable of plotting the spatial observations of species in real time when game surveys are undertaken. Four (4) Seater Piston Engine Helicopter Specifications (Similar to a Raven II)  Helicopter must be equipped with safety equipment.  Emergency plan and reaction with flight following capabilities  Helicopter must be equipped with an operational communication system inclusive of a ground to air radio and must provide direct internal communication between the pilot and any passengers.  Helicopter must be equipped with floating equipment (When flying to islands only).  Helicopter must be equipped with a siren for the purpose of wildlife capture operations  The helicopter must be equipped with a safety flying helmet for the pilot.  The helicopter must be equipped with a safety flying helmet for the Veterinarian in case of wildlife darting operations.  The helicopter must be equipped with a certified full-body harness and dual attachment points on harness and machine (helicopter) in case of wildlife darting. Bid Number GNP-004-20 Page 15 of 62 Initials: Piloting Services Required: 1. Wildlife Capture Operations which includes mass and chemical capture procedures. 2. Aerial Census Operations 3. Anti-poaching operations to deploy rangers and dogs and follow up on tracks of suspected poachers 4. Wildlife Notching and Collaring Operations. 5. Monitoring flights to locate specific individual animals prior to notching or capture operations and for general monitoring of the National Parks rare or endangered species. 6. Wildlife Snare Removals and Veterinary Treatment 7. Elephant Contraception Operations 8. Wildlife Air lifting (slinging) Operations 9. Chartering Service 10. Fire Fighting Support Operations 11. Emergency Response 12. Chartering for the purpose of island maintenance 13. Carnivore management operations, including location and chemical immobilization procedures Responsibilities of the service provider: 1. he successful service provider will be responsible for the helicopter maintenance and the associated maintenance cost. 2. The successful service provider must provide helicopter fuel and all helicopter spare parts. 3. The successful service provider must make prior arrangements with fuel depots regarding the supply and placement of additional helicopter fuel to national parks. 4. The interchanging of pilots during the contract period should be avoided and will have to be approved in advance by SANParks. 5. The successful service provider will be subjected to SANParks AOC and helicopter maintenance Audit prior to and during operations, and the pilot must be subjected to approval by the Environmental & Corporate Investigations (ECI) services after security audit. 6. The successful service provider MUST ensure and provide proof that the helicopter / helicopters supplied or contracted in under the contract shall be fully insured against loss and damage incidental to manufacture or acquisition, transportation and storage. 7. The successful service provider MUST ensure and provide proof of a combined 3rd Party and Passenger Liability (Minimum of R 50 000 000.00 million per incident) and insurance reference must be given and coverage must include darting and other Bid Number GNP-004-20 Page 16 of 62 Initials: dangerous flying work. 8. The successful service provider MUST ensure that the helicopter is ready for use at the beginning of each year and, if the helicopter is out of use, due to routine maintenance or breakdown, a backup helicopter with the same specifications as per the terms of reference must be made available to commence with required operations. The replacement helicopter must be at no cost to SANParks. 9. The successful service provider MUST ensure that in case of helicopter breakdown, and if the helicopter can’t be repaired within a 48-hour period, a backup helicopter with same specifications as per the terms of reference MUST be made available to continue with the required operations. The replacement helicopter must be at no cost to SANParks. Incidental Services Required (to be quoted separately on an ad-hoc basis)  The placement of a suitably experienced pilot and a turbine-driven engine helicopter to provide operational support in Kruger NP, as and when required.  The placement of a suitably experienced pilot and helicopter to assist with specialised wildlife slinging, Cargo lifting and Fire Fighting Operations, if and when so required.  The placement of a suitably experienced pilot and helicopter to assist in case of Emergency Response, if and when so required. SITES TO BE SERVICED Estimated Annual Wildlife Capture Requirements: Estimated Operational hours exclusive of Ferries 2022 2023 2024 20 20 20 National Park Addo Elephant Mountain Zebra 25 20 20 Camdeboo 15 5 10 Karoo 0 Mokala Golden Gate Highlands Marakele 50 50 30 0 0 15 20 130 20 115 20 125 Total Bid Number GNP-004-20 10 Page 17 of 62 Initials: The following National Parks require a Helicopter for Aerial Census Operations: National Park Estimated Days Required Addo Elephant Estimated hours exclusive of Ferries 2022 2023 2024 7 35 35 35 Mountain Zebra 3 0 14 14 Camdeboo 3 14 Karoo 7 40 Total: 20 35 103 49 Mokala 4 18 18 18 Augrabies 3 Total: Golden Gate Total: 20 7 18 38 18 5 25 5 25 Marakele 6 35 35 35 Mapungubwe 5 0 15 0 11 35 50 35 30 105 105 105 30 105 105 105 193 296 232 Total Kruger Total hours Bid Number GNP-004-20 Page 18 of 62 Initials: Additional helicopter service to fly for the purpose of island maintenance, elephant contraception, carnivore management, rhino ear-notching, replacement of collars Estimated annual helicopter hours inclusive of ferries National Park Operational Requirements 2022 2023 2024 Addo Elephant 20 20 20 Bird Island maintenance, Field Ranger changes, evacuation of injured or distressed African Penguins/Cape Gannets and emergencies (e.g. oil spills) Addo Elephant 15 15 15 Elephant and Lion contraception Addo Elephant 15 15 15 Emergency and management requirement Ad Hoc Addo Elephant 30 30 30 Rhino notching and Monitoring Mountain Zebra 10 10 10 Wildlife Management Karoo 10 10 10 Wildlife Management Mokala 20 20 20 Wildlife management Marakele 10 10 10 Rhino notching / Elephant contraception Marakele 20 20 20 Emergency and management requirement Ad Hoc Mapungubwe 5 5 5 Replacement of rhino collars 155 155 155 Total Bid Number GNP-004-20 Page 19 of 62 Initials: BIDDING STANDARDS  The interchanging of pilots during the contract should be avoided and will have to be approved in advance by SANParks.  Operating Pilots may be subjected to Integrity Testing.  The service provider must indicate helicopter hangar infrastructure, locality and deployment plan to be able to provide and deliver the required services. The service provider must confirm the helicopter hangar address and relevant contact details and provide helicopter hangar GPS Coordinates. Hangar Address GPS Coordinates  SANParks will conduct a site visit to confirm such hangar infrastructure at any time if deemed necessary and will inform service provider within reasonable time. Bid Number GNP-004-20 Page 20 of 62 Initials: RESPONSIBILITY OF SANPARKS DURING THE TENDER PROCESS  To provide the tendering company with information that will assist in submitting the tender.  To brief the service providers of the different locations of the national parks.  The successful service provider will be provided with accommodation by SANParks at the area of operation and may include park accommodation, camping, sharing of accommodation with SANParks staff or any other reasonable accommodation as used by SANParks employees during such operations.  SANParks will notify the service provider of sub- standard services. SANParks reserves the right to terminate the contract should sub-standard service continue after following the relevant processes. SPECIAL CONDITIONS OF CONTRACT  Incidental Services: The supplier may be required to provide additional services as specified.  All aircraft placed under incidental service or subcontracted must comply with the same legal standards;  Valid Air Operating Certificate (AOC) issued by the South African Civil Aviation Authority (SACAA).  Valid Operations Specification issued by the South African Civil Aviation Authority (SACAA) with General Air Service Class iii, Aircraft Category H2 and Types of Air Services must have G10.  Valid Air Services License (Issued by the Air Service Licensing Council of South Africa) Class iii with Types of Air Services G10 and Categories of Aircraft H2  Operating Pilots may be subjected to Integrity Testing.  The above documentation must be placed on record.  Due to unpredictable changes in weather conditions it has to be agreed that should unfavourable weather conditions be the cause of operational delays, extension or helicopter being grounded it should not have cost implications for either parties. In such an event that a delay is experienced and the current operational commitments cannot be completed or in the event that the entire operation has to be rescheduled, it is noted that alternative dates for completion must be set. Such dates should be clearly discussed and agreed upon.  The flying time shall be checked and signed by the SANParks operations coordinator / section ranger / scientist concerned after the completion of each day’s flying. Bid Number GNP-004-20 Page 21 of 62 Initials:  The liability of the aircraft and pilot while operating in the National Parks will be the responsibility of the service provider.  SANParks shall not be held accountable or responsible for any claim, loss or damage whatsoever arising subsequent to the operation of the helicopter, and the service provider hereby indemnifies SANParks and holds it harmless against any claim in this regard.  Successful Service Provider will be responsible for own food catering while on operation.  Other than the return trip to base, helicopter ferries which are not related to operational requirements for SANParks purposes, between operations, will not be chargeable under the contract. SBD 3.1: PRICING DETAIL WITH FIRM UNIT PRICES SBD 3 – Pricing Schedule for the Duration of the Contract BID PRICE IN RSA RAND Price quoted is South African Rands in terms of General Conditions of contract clause 16.4 and shall be included in the SBD3. PERIOD ITEM DESCRIPTION 3 years QUANTITY UNIT PRICE TOTAL ANNUAL PRICE [VAT Incl] Please see annexure A. R _____________________ PRICE QUOTATION BASIS Price quoted is fully inclusive of all costs including disbursements and other overheads, delivery to the specified SANParks Business Unit geographical address and includes value- added tax, income tax, unemployment insurance fund contributions, and skills development levies. PRICE PER DELIVERY POINT In cases where different delivery points influence the pricing, a separate pricing schedule must be submitted for each delivery point. DETAIL PRICING SUPPORT Detailed information i.e. costed bill of quantities is optional and can be provided as an annexure to the details provided with reference to such included in this SBD3. Bid Number GNP-004-20 Page 22 of 62 Initials: PRICE CHANGES Price changes whether as a result of CPI, PPI, extensions or expansions will be allowed in terms of the signed contract by both parties. APPLICATION OF PREFERENCE POINTS Pricing is subject to the addition of Preference Points as stipulated below – Standard Bidding Document 6.1 Preference claim form. Bid Number GNP-004-20 Page 23 of 62 Initials: GENERAL CONDITIONS OF CONTRACT In this document words in the singular also mean in the plural and vice versa, words in the masculine mean in the feminine and neuter, words “department” means organs of state inclusive of public entities and vice versa, and the words “will/should” mean “must”. South African National Parks (SANParks) cannot amend the National Treasury’s General Conditions of Contract (GCC). SANParks appends Special Conditions of Contract (SCC) providing specific information relevant to a GCC clause that requires the addition of Special Conditions and Special Conditions specific to this bid contract is not part of the General Conditions of Contract. No clause in this document shall be in conflict with another clause. Whenever there is a conflict, the provisions of the Special Conditions of Contract shall prevail. GCC1 Definitions – The following terms shall be interpreted as indicated: 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 1.7. 1.8. 1.9. 1.10. Bid Number GNP-004-20 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids. “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. “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. “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. “Countervailing duties” imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. “Country of origin” means the place where the goods were mined, grown, or produced, or from which the services are supplied. Goods 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. “Day” means calendar day. “Delivery” means delivery in compliance of the conditions of the contract or order. “Delivery ex stock” means immediate delivery directly from stock actually on hand. “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. Page 24 of 62 Initials: 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. 1.17. 1.18. 1.19. 1.20. 1.21. 1.22. 1.23. 1.24. 1.25. Bid Number GNP-004-20 “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. ”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. “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. “GCC” mean the General Conditions of Contract. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. “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. “Local content” means that portion of the bidding price, which is not included in the imported content if local manufacture does take place. “Manufacture” means the production of products in a factory using labour, materials, components, and machinery and includes other related value-adding activities. “Order” means an official written order issued for the supply of goods or works or the rendering of a service. “Project site”, where applicable, means the place indicated in bidding documents. “Purchaser” means the organization purchasing the goods. “Republic” means the Republic of South Africa. “SCC” means the Special Conditions of Contract. “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. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing. Page 25 of 62 Initials: GCC2 Application 2.1. 2.2. 2.3. GCC3 General 3.1. 3.2. GCC4 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. With certain exceptions (National Treasury’s eTender website), invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za Standards 4.1. GCC5 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. Where applicable, special conditions of contract laid down to, cover specific supplies, services or works. Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. Use of contract documents and information 5.1. 5.2. 5.3. 5.4. Bid Number GNP-004-20 The supplier shall not disclose, without the purchaser’s prior written consent, 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 made to any such employed person is in confidence and shall extend only as far as may be necessary for purposes of such performance. The supplier shall not make, without the purchaser’s prior written consent, use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 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. 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 Page 26 of 62 Initials: auditors appointed by the purchaser, if so required by the purchaser. GCC6 Patent rights 6.1. GCC7 Performance security 7.1. 7.2. 7.3. 7.3.1. 7.3.2 7.4. GCC8 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. Within thirty days (30) 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. 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. 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: bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or a cashier’s or certified cheque The performance security will be discharged by the purchaser and returned to the supplier within thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC. Inspections, tests and analyses 8.1. 8.2. 8.3. 8.4. Bid Number GNP-004-20 All pre-bidding testing will be for the account of the bidder. 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 purchaser or an organization acting on behalf of the purchaser. If there are no inspection requirements indicated in the bidding documents and contract makes no mention, 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. 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. Page 27 of 62 Initials: 8.5. 8.6. 8.7. 8.8. GCC9 Packing 9.1. 9.2. GCC1 0 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. The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the purchaser. Delivery and Documentation 10.1. 10.2. GCC1 1 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 supplier shall defray the cost in connection with these inspections, tests, or analyses. Supplies and services referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected. 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 are 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. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract because of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC. The supplier in accordance with the terms specified in the contract shall make delivery of the goods/services. The SCC specifies the details of shipping and/or other documents furnished by the supplier. Documents submitted by the supplier are specified in SCC. Insurance Bid Number GNP-004-20 Page 28 of 62 Initials: 11.1. GCC1 2 The goods supplied under the contract are fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC. Transportation 12.1. GCC1 3 Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC. Incidental services 13.1. The supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC: 13.1.1. Performance or supervision of on-site assembly and/or commissioning of the supplied goods; 13.1.2. Furnishing of tools required for assembly and/or maintenance of the supplied goods; 13.1.3. Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; 13.1.4. 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 13.1.5. Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, conducted 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. GCC1 4 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: 14.1.1. 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 14.1.2. In the event of termination of production of the spare parts: 14.1.2.1. Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and Bid Number GNP-004-20 Page 29 of 62 Initials: 14.1.2.2. Following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested. GCC1 5 Warranty 15.1. 15.2. 15.3. 15.4. 15.5. GCC1 6 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models and those 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. 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. The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty. 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. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights, which the purchaser may have against the supplier under the contract. Payment 16.1. 16.2. 16.3. 16.4. Bid Number GNP-004-20 The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC. 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. 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. Payment will be made in Rand unless otherwise stipulated in SCC Page 30 of 62 Initials: GCC1 7 Prices 17.1. GCC1 8 Contract amendment 18.1. GCC1 9 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. Subcontract 20.1. GCC2 1 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concerned. Assignment 19.1. GCC2 0 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. The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract Delays in supplier’s performance 21.1. 21.2. 21.3. Bid Number GNP-004-20 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. 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. 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. Page 31 of 62 Initials: 21.4. 21.5. 21.6. GCC2 2 Penalties 22.1. GCC2 3 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. 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. 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. Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23. Termination for default 23.1. 23.1.1. 23.1.2. 23.1.3. 23.2. Bid Number GNP-004-20 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: If the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2; If the Supplier fails to perform any other obligation(s) under the contract; or If the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract. 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 Page 32 of 62 Initials: 23.3. 23.4. 23.5. 23.6. 23.6.1. 23.6.2. 23.6.3. 23.6.4. similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated. 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. If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a 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. 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. If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the following information: The name and address of the supplier and / or person restricted by the purchaser; The date of commencement of the restriction The period of restriction; and 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. GCC2 4 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 must be open to the public. The Register can be perused on the National Treasury website. Anti-dumping and countervailing duties and rights Bid Number GNP-004-20 Page 33 of 62 Initials: 24.1. GCC2 5 Force Majeure 25.1. 25.2. GCC2 6 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. If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event. Termination for insolvency 26.1. GCC2 7 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 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. Settlement of disputes 27.1. Bid Number GNP-004-20 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 Page 34 of 62 Initials: 27.2. 27.3. 27.4. 27.5. 27.5.1. 27.5.2. GCC2 8 Limitation of liability 28.1. 28.1