Transportation of Staff Between Pietermaritzburg and Cedara (four (4) Semi Luxury Buses), and Between Pietermaritzburg and Hilton Quarry/south Service Centre (one (1) Semi Luxury Bus) for a Period of 36 Months

Tender Summary:

DARD 05/2021

See details below or the tender documentation

Tender Closed on: 2021-10-04 11:00

Bus and Minibus Transport, Transportation

Cedara, Howick, KwaZulu-Natal

Kwazulu Natal - Department of Agriculture and Rural Development

Tender Number: DARD 05/2021
Department: Kwazulu Natal - Department of Agriculture and Rural Develeopment
Tender Type: Request for Bid(Open-Tender)
Province: KwaZulu-Natal
Date Published: Monday, 20 September 2021
Closing Date: Monday, 04 October 2021 - 11:00
Place where goods, works or services are required: No.1 Cedara Road - Cedara - HOWICK - 3200
Special Conditions: BBBEE Level 1 to 3 (as per the provisions of section 4(1) (a) of the PPPFA Regulations, 2017
ENQUIRIES:
Contact Person: Nompumelelo Dladla
Email: nompumelelo.dladla@kzndard.gov.za
Telephone number: 033-355-9369
FAX Number: N/A
BRIEFING SESSION:
Is there a briefing session?: NO Is it compulsory? NO
Briefing Date and Time:
Briefing Venue:

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


{TENDER_DOCUMENTS_TEXT_START} TRANSPORTATION OF STAFF BETWEEN PIETERMARITZBURG AND CEDARA (FOUR (4) SEMI LUXURY BUSES), AND BETWEEN PIETERMARITZBURG AND HILTON QUARRY/SOUTH SERVICE CENTRE (ONE (1) SEMI LUXURY BUS) FOR A PERIOD OF 36 MONTHS Tender Number: DARD 05/2021 Department: Kwazulu Natal - Department of Agriculture and Rural Develeopment Tender Type: Request for Bid(Open-Tender) Province: KwaZulu-Natal Date Published: Monday, 20 September 2021 Closing Date: Monday, 04 October 2021 - 11:00 Place where goods, works or services are required: No.1 Cedara Road - Cedara - HOWICK - 3200 Special Conditions: BBBEE Level 1 to 3 (as per the provisions of section 4(1) (a) of the PPPFA Regulations, 2017 ENQUIRIES: Contact Person: Nompumelelo Dladla Email: nompumelelo.dladla@kzndard.gov.za Telephone number: 033-355-9369 FAX Number: N/A BRIEFING SESSION: Is there a briefing session?: NO Is it compulsory? NO Briefing Date and Time: Briefing Venue: This tender is also available from www.etenders.gov.zaKWAZULU-NATAL DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT BID No: DARD 05/2021 DESCRIPTION OF SERVICE: TRANSPORTATION OF STAFF BETWEEN PIETERMARITZBURG AND CEDARA (FOUR (4) SEMI LUXURY BUSES), AND BETWEEN PIETERMARITZBURG AND HILTON QUARRY/SOUTH SERVICE CENTRE (ONE (1) SEMI LUXURY BUS) FOR A PERIOD OF 36 MONTHS NAME OF BIDDER: ______________________________________________________ PREQUALIFICATION CRITERIA Only bidders who meet the following prequalification criteria may respond: - (i) BBBEE Level 1 to 3 (as per the provisions of section 4(1) (a) of the PPPFA Regulations, 2017); and Return of Bid: Bids must be deposited in the bid box situated at Department of Agriculture and Rural Development, Supply Chain Management, 1 Cedara Road, Cedara, 3200 or send by post to The Director: Supply Chain Management, Private Bag X9059, Pietermaritzburg, 3200. Tel: (033) 355 9109 before 11:00 am on the closing date: 04 October 2021 Issued by: The Department of Agriculture and Rural Development 1 Cedara Road Cedara 3200 Transportation of Staff Page 1 of 59 TABLE OF CONTENTS CONTENTS PAGE Cover page 1 Table of contents 2 Invitation to Bid SBD 3 Special Instructions and Notices to Bidders Regarding the Completion of Bidding Forms 5 SBD 3.3 Pricing Schedule (Professional Services) 6 SBD 4 Declaration of Interest. SBD 6.1 Preference Points Claim Form in Terms of the Preferential Procurement Regulations 2017 10-14 SBD 7.2 Contract Form - Rendering Of Services 15-16 SBD 8 Declaration of bidder’s past Supply Chain Management practices 17-18 SBD 9 Certificate of Independent Bid Determination 19-21 SBD11 Authority to sign a Bid 22-27 General Conditions of Contract 28-41 Part C Terms of Reference 42-47 Part D Special Terms and Conditions 48-53 Part E Pricing Schedules 54-55 Part F Bid Disqualifying Factors 56-58 Annexure B Previous / Current Contracts Part A SBD 1 Part B 3-4 7-9 59 Bidders are to check that all pages and forms are included in the bid documentation and notify the Department immediately if any pages or sections are missing Transportation of Staff Page 2 of 59 SBD1 INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY) BID NUMBER: DARD 05/2021 CLOSING DATE: 04 October 2021 CLOSING TIME: 11:00 AM TRANSPORTATION OF STAFF BETWEEN PIETERMARITZBURG AND CEDARA AND BETWEEN PIETERMARITZBURG AND HILTON DESCRIPTION BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) Bid must be deposited in the bid box situated at Department of Agriculture and Rural Development Supply Chain Management 1 Cedara Road Cedara, 3200 BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO: CONTACT PERSON Ms N. Dladla CONTACT PERSON Mr Z Mbatha TELEPHONE NUMBER 033 - 355 9369 TELEPHONE NUMBER 082 337 7181 FACSIMILE NUMBER E-MAIL ADDRESS SUPPLIER INFORMATION n/a nompumelelo.dladla@kzndard.gov.za FACSIMILE NUMBER E-MAIL ADDRESS n/a NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER SUPPLIER COMPLIANCE STATUS B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE TAX COMPLIANCE SYSTEM PIN: TICK APPLICABLE BOX] Yes No CENTRAL SUPPLIER OR DATABASE No: B-BBEE STATUS LEVEL SWORN AFFIDAVIT MAAA [TICK APPLICABLE BOX] Yes No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] ARE YOU THE ACCREDITED REPRESENTATIVE IN Yes No SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS [IF YES ENCLOSE PROOF] OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED? Yes No [IF YES, ANSWER PART B:3 ] 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. Transportation of Staff Page 3 of 59 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 PREFERENTIAL PROCUREMENT REGULATIONS, 2017, 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). 2. 2.1 TAX COMPLIANCE REQUIREMENTS 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 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: …………………………………………... Transportation of Staff Page 4 of 59 SBD 3 SPECIAL INSTRUCTIONS AND NOTICES TO BIDDERS REGARDING THE COMPLETION OF BIDDING FORMS PLEASE NOTE THAT THIS BID IS SUBJECT TO TREASURY REGULATIONS 16A ISSUED IN TERMS OF THE PUBLIC FINANCE MANAGEMENT ACT, 1999, THE KWAZULU-NATAL SUPPLY CHAIN MANAGEMENT POLICY FRAMEWORK AND THE GENERAL CONDITIONS OF CONTRACT. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Unless inconsistent with or expressly indicated otherwise by the context, the singular shall include the plural and vice versa and with words importing the masculine gender shall include the feminine and the neuter. Under no circumstances whatsoever may the bid forms be retyped or redrafted. Photocopies of the original bid documentation may be used, but an original signature must appear on such photocopies. The bidder is advised to check the number of pages and to satisfy himself that none are missing or duplicated. Bids submitted must be complete in all respects. Bids shall be lodged at the address indicated not later than the closing time specified for their receipt, and in accordance with the directives in the bid documents. Each bid shall be addressed in accordance with the directives in the bid documents and shall be lodged in a separate sealed envelope, with the name and address of the bidder, the bid number and closing date indicated on the envelope. The envelope shall not contain documents relating to any bid other than that shown on the envelope. If this provision is not complied with, such bids may be rejected as being invalid. All bids received in sealed envelopes with the relevant bid numbers on the envelopes are kept unopened in safe custody until the closing time of the bids. Where, however, a bid is received open, it shall be sealed. If it is received without a bid number on the envelope, it shall be opened, the bid number ascertained, the envelope sealed and the bid number written on the envelope. A specific box is provided for the receipt of bids, and no bid found in any other box or elsewhere subsequent to the closing date and time of bid will be considered. No bid sent through the post will be considered if it is received after the closing date and time stipulated in the bid documentation, and proof of posting will not be accepted as proof of delivery. No bid submitted by telefax, telegraphic or other electronic means will be considered. Bidding documents must not be included in packages containing samples. Such bids may be rejected as being invalid. Any alteration made by the bidder must be initialed. Use of correcting fluid is prohibited Bids will be opened in public as soon as practicable after the closing time of bid. Where practical, prices are made public at the time of opening bids. If it is desired to make more than one offer against any individual item, such offers should be given on a photocopy of the page in question. Clear indication thereof must be stated on the schedules attached. Transportation of Staff Page 5 of 59 PRICING SCHEDULE (Professional Services) NAME OF BIDDER: …………………………………………………………………………………………… CLOSING TIME: 11h00 CLOSING DATE: 04- 10 - 2021 OFFER TO BE VALID FOR 120 DAYS FROM THE CLOSING DATE OF BID. BID NUMBER DARD 05/2021 DESCRIPTION TOTAL BID PRICE IN RSA CURRENCY *(All applicable taxes included) TRANSPORTATION OF STAFF BETWEEN PIETERMARITZBURG AND CEDARA (FOUR (4) SEMI LUXURY BUSES), AND BETWEEN PIETERMARITZBURG AND HILTON QUARRY/SOUTH SERVICE CENTRE (ONE (1) SEMI LUXURY BUS) FOR A PERIOD OF 36 MONTHS Official Company Stamp ______________________________ Signature Transportation of Staff Page 6 of 59 SBD 4 DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 2.1 Full Name of bidder or his or her representative: ………………………………………………….. 2.2 Identity Number :………………………………………………………………………………………. 2.3 Position occupied in the Company (director, trustee, shareholder²): …………………………… 2.4 Company Registration Number: ……………………………………………………..………........... 2.5 Tax Reference Number: …………………………………………………………….…………….. 2.6 VAT Registration Number: ………………………………………………………………................. 2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below. __________________________ ¹“State” means – (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. Transportation of Staff Page 7 of 59 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars: 2.7.2 If you are presently employed by the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector? 2.7.2.1 If yes, did you attached proof of such authority to the bid document? YES / NO YES / NO (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid. 2.7.2.2 If no, furnish reasons for non-submission of such proof: ……………………………………………………………………. ……………………………………………………………………. ……………………………………………………………………. 2.8 Did you or your spouse, or any of the company’s directors / trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? 2.8.1 If so, furnish particulars: ………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………... 2.9 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? 2.9.1 If so, furnish particulars. ……………………………………………………………... …………………………………………………………..…. ……………………………………………………………… 2.10 Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? 2.10.1 If so, furnish particulars .………………………………………………………………………….. …………………………………………………………………………… …………………………………………………………………………… Transportation of Staff YES / NO YES / NO YES/NO Page 8 of 59 2.11 Do you or any of the directors / trustees / shareholders / members of the company have any interest in any other related companies whether or not they are bidding for this contract? 2.11.1 If so, furnish particulars………………………………………………… ……………………………………………………………………………. ……………………………………………………………………………. 3 YES/NO Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Tax State Employee Reference Number Number / Persal Number 4 DECLARATION I, THE UNDERSIGNED (NAME)……………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE. ___________________ Signature _________________________ Date _____________________ Position __________________________ Name of bidder Transportation of Staff Page 9 of 59 SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF BBBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017. 1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included). 1.2 a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable; 1.3 Points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contributor. 1.4 The maximum points for this bid are allocated as follows: POINTS PRICE 80 B-BBEE STATUS LEVEL OF CONTRIBUTOR 20 Total points for Price and B-BBEE must not exceed 100 1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. 1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. Transportation of Staff Page 10 of 59 2. DEFINITIONS (a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; (b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; (c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals; (d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents. (g) “prices” includes all applicable taxes less all unconditional discounts; (h) “proof of B-BBEE status level of contributor” means: 1) B-BBEE Status level certificate issued by an authorized body or person; 2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; 3) Any other requirement prescribed in terms of the B-BBEE Act; “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the BroadBased Black Economic Empowerment Act; (i) (j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes; 3. 3.1 POINTS AWARDED FOR PRICE 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 Ps  801   P min   or  Pt  P min Ps  901   P min   Where Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmin = Transportation of Staff Price of lowest acceptable bid Page 11 of 59 4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR 4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: 5. 5.1 6. 6.1 B-BBEE Status Level of Contributor Number of points Number of points (90/10 system) (80/20 system) 1 10 20 2 9 18 3 6 14 4 5 12 5 4 8 6 3 6 7 2 4 8 1 2 Non-compliant contributor 0 0 BID DECLARATION Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1 B-BBEE Status Level of Contributor: . = ………(maximum of 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor. 7. 7.1 SUB-CONTRACTING Will any portion of the contract be sub-contracted? (Tick applicable box) YES 7.1.1 NO If yes, indicate: i) ii) iii) iv) What percentage of the contract will be subcontracted ..........…….…………% The name of the sub-contractor………………………………………………….. The B-BBEE status level of the sub-contractor.............................…………….. Whether the sub-contractor is an EME or QSE (Tick applicable box) YES NO v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017: Transportation of Staff Page 12 of 59 Designated Group: An EME or QSE which is at last 51% owned by: Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE 8. EME √ QSE √ DECLARATION WITH REGARD TO COMPANY/FIRM 8.1 Name of company/firm:…………………………………………………………………. 8.2 VAT registration number:……………………………………………………………… 8.3 Company registration number:……….……………………….………………………. 8.4 TYPE OF COMPANY/ FIRM  Partnership/Joint Venture / Consortium  One-person business/sole propriety  Close corporation  Company  (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… …………………………………………………………… 8.6 COMPANY CLASSIFICATION     Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 8.7 Total number of years the company/firm has been in business…………… 8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as Transportation of Staff Page 13 of 59 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 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding 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 bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury 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. WITNESSES 1. ………………………………… 2. ………………………………… ………………………………………. SIGNATURE(S) OF BIDDERS(S) DATE:……………………….. ADDRESS: ……………………….. ……………………………………… …………………………………….. ………………… ……………….. Transportation of Staff Page 14 of 59 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. 1. 2. PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER) 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 . The following documents shall be deemed to form and be read and construed as part of this agreement: (i) (ii) (iii) Bidding documents, viz Invitation to bid; Tax clearance certificate; Pricing schedule(s); Filled in task directive/proposal; Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; Declaration of interest; Declaration of bidder’s past SCM practices; Certificate of Independent Bid Determination; Special Conditions of Contract; General Conditions of Contract; and 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 fulfilment 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) …………………. CAPACITY ……………………………. SIGNATURE ……………………………. NAME OF FIRM ……………………………. WITNESSES 1 2 …….………………………. ……….……………………. DATE: ……………………….. DATE ………………………… Transportation of Staff Page 15 of 59 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. DESCRIPTION OF SERVICE 4. PRICE (ALL APPLICABLE TAXES INCLUDED) COMPLETION DATE B-BBEE STATUS LEVEL OF CONTRIBUTI ON MINIMUM THRESHO LD FOR LOCAL PRODUCTI ON AND CONTENT (if applicable) I confirm that I am duly authorised to sign this contract. SIGNED AT ………………………………………ON……………………………….. NAME (PRINT) …………………………………………. SIGNATURE OFFICIAL STAMP ………………………………………… WITNESSES 1 ….…………………… 2 …..…………………… DATE: ………………….. Transportation of Staff Page 16 of 59 SBD 8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be disregarded if that bidder, or any of its directors havea. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 4 Item 4.1 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Question Yes No Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). Yes No Yes No Yes No Yes No The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page. 4.1.1 If so, furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years? 4.3.1 If so, furnish particulars: 4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract? 4.4.1 If so, furnish particulars: Transportation of Staff Page 17 of 59 + CERTIFICATION I, THE UNDERSIGNED (FULL NAME) …………………………………………………………………….. CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... Signature …………………………………………………… Date ………………………………………. Position …………………………………………………… Name of Bidder Transportation of Staff Page 18 of 59 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 2 This Standard Bidding Document (SBD) must form part of all bids¹ invited. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 4 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to: a. disregards the bid of any bidder if that bidder, or any of its directors have abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system. b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract. This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bidrigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. Transportation of Staff Page 19 of 59 SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: __________________________________________________________________________ (Bid Number and Description) in response to the invitation for the bid made by: __________________________________________________________________________ (Name of Institution) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of:______________________________________________________that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder Transportation of Staff Page 20 of 59 SBD 9 6. 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 consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. 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. 10.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. ________________ Signature _______________________________ Date ___________________ Position _______________________________ Name of Bidder Transportation of Staff Page 21 of 59 SBD 11 AUTHORITY TO SIGN A BID A. COMPANIES If a Bidder is a company, a certified copy of the resolution by the board of directors, personally signed by the chairperson of the board, authorising the person who signs this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the company must be submitted with this bid, that is before the closing time and date of the bid AUTHORITY BY BOARD OF DIRECTORS By resolution passed by the Board of Director….......................................................20.........., Mr/Mrs……………………………………………………………………………………………… (whose signature appears below) has been duly authorised to sign all documents in connection with this bid on behalf of (Name of Company) …………............................................................................................. IN HIS/HER CAPACITY AS: ................................................................................................ SIGNED ON BEHALF OF COMPANY: .......................................................................................... (PRINT NAME) SIGNATURE OF SIGNATORY: ................................................... DATE: ........................ WITNESSES: 1................................................... 2.................................................. Transportation of Staff Page 22 of 59 B. SOLE PROPRIETOR (ONE - PERSON BUSINESS) I, the undersigned.............................................................................. hereby confirm that I am the sole owner of the business trading as.................................................................................. ............................................................................................................................................... SIGNATURE…………………………………………………… DATE…………………………… C. PARTNERSHIP The following particulars in respect of every partner must be furnished and signed by every partner: Full name of partner Residential address Signature ........................................... ........................................... ........................................... ........................................... ............................................ ........................................... ........................................... ........................................... ........................................... We, the undersigned partners in the business trading as .................................................................. hereby authorise ......................................................................to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and /or contract on behalf of .................................... SIGNATURE .......................................... SIGNATURE ......................................... SIGNATURE .................................... DATE ........................................... DATE ........................................... DATE Transportation of Staff Page 23 of 59 D. CLOSE CORPORATION In the case of a close corporation submitting a bid, a certified copy of the Founding Statement of such corporation shall be included with the bid, together with the resolution by its members authorising a member or other official of the corporation to sign the documents on their behalf. By resolution of members at a meeting on ................................. 20............................ at……………………………. Mr/Ms....................................................................., whose signature appears below, has been authorised to sign all documents in connection with this bid on behalf of (Name of Close Corporation) ……………………………………................................................ ................................................................................................................................................ SIGNED ON BEHALF OF CLOSE CORPORATION: …………………………………………………………………….. (PRINT NAME) IN HIS/HER CAPACITY AS .....................................................DATE: ..................................... SIGNATURE OF SIGNATORY: ......................................................... WITNESSES: 1......................................................... 2......................................................... Transportation of Staff Page 24 of 59 E CO-OPERATIVE A certified copy of the Constitution of the co-operative must be included with the bid, together with the resolution by its members authoring a member or other official of the co-operative to sign the bid documents on their behalf. By resolution of members at a meeting on .................……... 20............... at.............................................................................................................. Mr/Ms..................................................................................., whose signature appears below, has been authorised to sign all documents in connection with this bid on behalf of (Name of cooperative) ......................................................…………………………………………………… SIGNATURE OF AUTHORISED REPRESENTATIVE/SIGNATORY: …................................... IN HIS/HER CAPACITY AS: .......................................................………………………………… DATE: .................................……… SIGNED ON BEHALF OF CO-OPERATIVE: .................................................... NAME IN BLOCK LETTERS: ………………………………………………………. WITNESSES: 1......................................................... 2......................................................... Transportation of Staff Page 25 of 59 F JOINT VENTURE If a bidder is a joint venture, a certified copy of the resolution/agreement passed/reached signed by the duly authorised representatives of the enterprises, authorising the representatives who sign this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the joint venture must be submitted with this bid, before the closing time and date of the bid. AUTHORITY TO SIGN ON BEHALF OF THE JOINT VENTURE By resolution/agreement passed/reached by the joint venture partners on……………20…… Mr/Mrs……………………………………………….,Mr/Mrs……………………………………….. Mr/Mrs……………………………………………and Mr/Mrs…………………………………….… (whose signatures appear below) have been duly authorised to sign all documents in connection with this bid on behalf of:(Name of Joint Venture) ………………………………….. IN HIS/HER CAPACITY AS: ……………………………………………………………..….. SIGNED ON BEHALF OF (COMPANY NAME): …………………………………………….. (PRINT NAME) SIGNATURE: …………………………….. DATE: ………………………… IN HIS/HER CAPACITY AS: …………………………………………………………………… SIGNED ON BEHALF OF (COMPANY NAME): ……………………………………………… (PRINT NAME) SIGNATURE: …………………………….. DATE: ………………………… IN HIS/HER CAPACITY AS: ………………………………………………………………… SIGNED ON BEHALF OF (COMPANY NAME): …………………………………………… (PRINT NAME) SIGNATURE: …………………………….. DATE: ………………………… IN HIS/HER CAPACITY AS: …………………………………………………………………... G. CONSORTIUM Transportation of Staff Page 26 of 59 If a bidder is a consortium, a certified copy of the resolution/agreement passed/reached signed by the duly authorised representatives of concerned enterprises, authorising the representatives who sign this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the consortium must be submitted with this bid, before the closing time and date of the bid. AUTHORITY TO SIGN 0N BEHALF OF THE CONSORTIUM By resolution/agreement passed/reached by the consortium on………………………20……… Mr/Mrs………………………………………………….……………………………………………….. (whose signature appear below) have been duly authorised to sign all documents in connection with this bid on behalf of: (Name of Consortium) ………………………………………………………………………………….. IN HIS/HER CAPACITY AS: ………………………………………………………………………… SIGNATURE: …………………………….. DATE: ………………………… Transportation of Staff Page 27 of 59 PART B GENERAL CONDITIONS OF CONTRACT DEFINITIONS: The following terms shall be interpreted as indicated: (a) “Closing time” means the date and hour specified in the bidding documents for the receipt of bids. (b) “Contract” means the written agreement entered into between the Province and the Contractor, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. c) “Contract price” means the price payable to the Contractor under the contract for the full and proper performance of his contractual obligations. (d) “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. (e) “Countervailing duties” are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. (f) “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 recognised new product results that is substantially different in basic characteristics or in purpose or utility from its components. (g) “Day” means calendar day. (h) “Delivery” means delivery in compliance with the conditions of the contract or order. (i) “Delivery ex stock” means immediate delivery directly from stock actually on hand. (j) “Delivery into consignees store or to his site” means delivery and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the Contractor bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained. (k) “Dumping” occurs when a private enterprise abroad market its goods and services 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. (l) “Force majeure” means an event beyond the control of the Contractor and not involving the Contractor’s fault or negligence and not foreseeable. Such event may include, but is not restricted to, acts of the Province in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. (m) “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” means the General Conditions of Contract. (n) Transportation of Staff Page 28 of 59 (o) “Goods” means all the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. (p) “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 Contractor 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 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 provided that local manufacture does take place. (q) (r) “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. (s) “Order” means an official written order issued for the supply of goods or works or the rendering of a service. (t) “Project site” where applicable, means the place indicated in bidding documents. (u) “Province” means the procuring Department, incorporating the KwaZulu-Natal Provincial Legislature. (v) “Republic” means the Republic of South Africa. (w) “SCC” means the Special Conditions of Contract. (x) “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 Contractor covered under the contract. (y) “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing. Transportation of Staff Page 29 of 59 1. CESSION OF CONTRACTS 1.1 The Contract is personal to the Contractor who shall not sub-let, assign, cede or make over the Contract or any part thereof, or any share of interest therein, to any other person without the written consent of the Province, and on such conditions as it may approve. 1.2 This sub-clause shall not apply to sub-contracts given to regular suppliers of the Contractor for materials and minor components relating to the goods or services supplied. The Province reserves the right to require the Contractor to submit, for noting, the names of such sub-contractors in order to ascertain their registration on the Provincial Suppliers Database and they must be legal entities. 2. DISCREPANCIES Should there appear to be any discrepancies, ambiguities or want of agreement in description, dimensions, qualities or quantities in the Contract, the Contractor shall be obliged to refer the matter to the Provinces’ Representative for a decision, before proceeding to execute the Contract or part thereof in respect of which the said discrepancies, ambiguities or want of agreement appear to exist. 3. QUALITY AND GUARANTEE 3.1 All Goods supplied shall be equal in all respects to samples, patterns or specifications where such are provided. Any changes to quality or brands will have to be approved by the Province, as this is a change to the conditions of the contract. 3.2 Should the Province, after the award of the Contract and/or during the manufacture of the goods specified, decide on a variation or alteration to the specification, either at the suggestion of the Contractor or otherwise, which will be to the Province’s advantage, such variation or alteration shall be performed to the Province’s satisfaction. Any variation in the Contract Price arising there from shall be subject to agreement between the Province and the Contractor. 3.3 The Contractor shall not be relieved of his obligations with respect to the sufficiency of the materials and workmanship and the quality of the Goods supplied by the reason of no objection having been taken thereto by the Province’s Representative at the time the Goods were delivered. 3.4 The Contractor 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 Contractor 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 Contractor, that may develop under normal use of the supplied goods in the conditions prevailing in the country of the final destination. 3.5 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 the Special Conditions of Contract. Transportation of Staff Page 30 of 59 3.6 The Province shall promptly notify the Contractor in writing of any claims arising under this warranty. The Contractor shall immediately remedy the said defect free of cost to the Province. Should the Contractor delay remedial work in excess of time stipulated by the Province’s representative, the Province may have such remedial work executed at the Contractor’s expense. Should the Province decide that the defect is such that it cannot be remedied, the Goods may be rejected. Such rejected goods shall be held at the risk and expense of the Contractor and shall, on request of the Province, be removed by him immediately on receipt of notification of rejection. The Contractor shall be responsible for any loss the Province may sustain by reason of such action as the Province may take, in terms of this clause. 3.7 The risk in respect of the Goods purchased by the Province under the contract shall remain with the Contractor until such goods have been delivered to the Province. 3.8 The principle feature of the Goods and Work are described in the Goods or Services Information, but the Goods or Services Information does not purport to indicate every detail of construction, fabrication or arrangements of Goods and Works necessary to meet the requirements. Omission from the Goods or Services information of reference to any part or parts shall not relieve the Contractor of his responsibility for carrying out the Work as required under the Contract. 3.9 If any dispute arises between the Province and the Contractor in connection with the quality and guarantee of the Goods, either party may give the other notice in writing of the existence of such dispute, and the same shall thereupon be referred to arbitration in South Africa by a person mutually agreed upon by both parties. The submission shall be deemed to be a submission to arbitration within the meaning of the terms of the arbitration laws in force in the Republic of South Africa. 4. FAILURE TO COMPLY WITH CONDITIONS AND DELAYED EXECUTION 4.1 If a bidder amends or withdraws his/her/their bid after the closing time but before the bidder is notified that his/her/their bid has been accepted, or when notified that his/her/their bid has been accepted, he/she/they fail/fails, within the period stipulated in the conditions of bid or such extended period as the Province may allow, to sign a contract or to provide security when requested to do so, he/she/they shall, unless the Province decides otherwise, and without prejudice to any other right which the Province may have under paragraphs 4.2 and 4.4, including the right to claim damages if a less favourable bid is accepted or less favourable arrangements are to be made, forfeit any deposit which may have been made with the bid. 4.2 Should the contractor fail to comply with any of the conditions of the contract, the Province shall be entitled, without prejudice to any of its other rights, to cancel the contract. 4.3 Upon any delay beyond the contract period in the case of a supplies contract, the Province shall, without canceling the contract, be entitled forthwith 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 supplies delivered later at the contractor’s expense and risk, or forthwith to cancel the contract and buy such supplies as may be required to complete the contract, and without prejudice to its rights, be entitled to claim damages from the contractor. 4.4 Upon any delay beyond the contract period in the case of a service contract, the Province shall, without prejudice to any other right and without canceling the contract, be entitled forthwith to arrange the execution of the service not rendered in conformity with the contract or to cancel the contract, and without prejudice to its other rights, be entitled to claim damages from the contractor. Transportation of Staff Page 31 of 59 4.5 In the event of the Province availing itself of the remedies provided for in paragraph 4.24.5.1 the contractor shall bear any adverse difference in price of the said supplies services and these amounts plus any other damages which may be suffered by the Province, shall be paid by the contractor to the Province immediately on demand, or the Province may deduct such amounts from moneys (if any) otherwise payable to the contractor in respect of supplies or services rendered or to be rendered under the contract or under any other contract or any other amounts due to the contractor; or 4.5.2 if the Contractor fails to supply the goods or render the service within the period stipulated in the contract, the Province shall have the right, in its sole discretion, to claim any damages or loss suffered. 4.6 No damages shall be claimed in respect of any period of delay which the contractor can prove to be directly due to a state of war, sanctions, strikes, lockouts, damage to machinery as a result of accidents, fire, flood or tempest or act of God, which could not be foreseen or overcome by the contractor, or to any act or omission on the part of persons acting in any capacity on behalf of the Province. 4.7 If the delivery of the supplies or the rendering of the service is likely to be delayed or is in fact being delayed on account of any of the reasons mentioned in paragraph 4.6, full particulars of the circumstances shall be reported forthwith in writing to the Province and at the same time the contractor shall indicate the extension of the delivery period which is desired. 5. PATENTS 5.1 The Contractor shall pay all royalties and expenses and be liable for all claims in respect of the use of patent rights, trademarks or other protected rights, and hereby indemnifies the Province against any claims arising there from. 5.2 The Contractor shall indemnify the Province against all third-party claims of infringement of patent, trademark, or industrial design rights arising from the use of the goods or any part thereof by the Province. 6. PACKAGING, MARKING AND DELIVERY 6.1 All goods shall be crated, packed or battened securely in such a manner as to prevent damage during loading, transport and off-loading. Unless otherwise specified, packing cases and packing materials are included in the Contract Price, and shall be and remain the property of the Province. 6.2 All goods shall be clearly marked in the manner stated in the Goods or Services Information. 6.3 Goods shall be delivered to the address within the Province’s area of jurisdiction as set out in the Special Conditions of Contract or Goods and Services Information. 6.4 Goods shall be delivered on Weekdays between 08:00 and 16:00, free of all charges, only when ordered upon an official letter or form of order issued by the Province. No goods will be received on Saturdays, Sundays and public holidays. This paragraph (6.4) is applicable only when not excluded in the Special Conditions of Contract. 6.5 Goods delivered shall in all cases be accompanied by delivery notes in duplicate, one which w