SAWS-418 Minimum Size Lightning Detection Network.
SAWS-418 Minimum Size Lightning Detection Network.
SAWS-418 Minimum Size Lightning Detection Network.
Supply and commissioning of a minimum size Lightning Location Detection Network aligned
to the bidder’s specific network technology application, which includes but is not limited to
the sensors and server platform.
BRIEFING SESSION
Date: 11 December 2024
Time: 11:00
Venue:
Join the meeting now
Meeting ID: 323 998 385 960
Passcode: DT9Sz3hV
Compulsory: Yes
BID DOCUMENTS MUST BE DEPOSITED IN THE BID BOX OF THE SOUTH AFRICAN
WEATHER SERVICE WHICH IS SITUATED AT THE RECPTION DESK ON THE 1 st FLOOR
South African Weather Service
ABSA building, 1st Floor, Reception Desk
1263 Heuwel Road
Centurion
0157
ENQUIRIES:
Any clarification required by a bidder regarding the meaning or interpretation of the document
or any aspect concerning the submission is to be requested in writing from:
SCM: Acquisition Department
South African Weather Service
Email: [email protected]
Any enquiries relating to this bid must be submitted in writing not later than 5 days prior to the
closing date of the bid.
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Template: Bid Invitation - Annexure A
Contents
Preference points claim form in terms of the Preferential Procurement Regulations 2022 … Annexure F
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Template: Bid Invitation - Annexure A
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF SOUTH AFRICAN WEATHER SERVICE
1 SUPPLIER INFORMATION
The following section must be completed by the bidder. Failure to do so may result in the offer being rejected.
NAME OF
BIDDER
POSTAL
ADDRESS
STREET ADDRESS
TELEPHONE
NUMBER CODE NUMBER
CELLPHONE
NUMBER
FACSIMILE
NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT
REGISTRATION
NUMBER
SUPPLIER TAX CENTRAL
COMPLIANCE COMPLIANCE SUPPLIER
OR
STATUS SYSTEM PIN: DATABASE
No: MAAA
B-BBEE STATUS TICK APPLICABLE BOX] B-BBEE STATUS [TICK APPLICABLE BOX]
LEVEL LEVEL SWORN
VERIFICATION AFFIDAVIT
CERTIFICATE Yes No Yes No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE / SWORN AFFIDAVID (FOR EMES & QSEs) MUST BBE
SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS CLAIMED]
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Template: Bid Invitation - Annexure A
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.
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Template: Bid Invitation - Annexure A
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 Preferential
Procurement Regulations, 2022, the General Conditions of Contract (GCC) and, if applicable, any
other Special Conditions of Contract (SCC).
1.4 The successful bidder will be required to fill in and sign a written contract form (SBD7).
1.5 Bidders are advised to initial all pages of their bid.
1.6 Submission of bids
Bidders are required to deposit their response to this bid before the bid closing date and time in the
tender box of the South African Weather Service which is situated at the reception desk (1st floor) of
the South African Weather Service Head Office:
South African Weather Service
ABSA building, 1st Floor, Reception Desk
1263 Heuwel Road
Centurion
0157
Response/s to this bid must be submitted in a sealed envelope with the following information on the
outside:
- Bid Number e.g. SAWS-987 / 20
- Closing Date of bid e.g. 5 November 2030
- Name of bidder e.g. XYZ Enterprises
- Contact Person e.g. J. Doe
- Contact number e.g. 012 555 5555
Returnable Documents:
The following documents must be included in the sealed envelope:
• Invitation to Bid: Annexure A
• General Conditions of Contract: Annexure B
• Bidder’s Disclosure: Annexure C
• Preference points claim form in terms of the Preferential Procurement
Regulations: Annexure F
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Template: Bid Invitation - Annexure A
Bidders must also include in the sealed envelope a flash disk (memory stick) of all
the above documentation.
The South African Weather Service (SAWS) reserves the right to reject a bid should it not be submitted
in the prescribed format.
1.7 The South African Weather Service (SAWS) is not bound to accept any of the offers submitted and
reserves the right to:
1.7.1 Reject bids that are not according to Specifications / Terms of Reference;
1.7.2 Reject bids with incomplete standard bidding documents (SBD’s);
1.7.3 Request further information from any bidder after the closing date of the bid for clarity purposes;
1.7.4 Conduct site inspection/s to verify the infrastructure of bidders before final selection and award;
1.7.5 Not to award the bid if the bid price is not market related;
1.7.6 Not to award the bid to a bidder whose tax matters have not been declared by the SARS to be in
order;
1.7.7 Reject a bid if the bidder has committed a proven corrupt or fraudulent act in competing for any
contract;
1.7.8 Award the bid in totality to one or partially to more than one bidder;
1.7.9 Conduct reference / background checks on bidders and / or individuals to, among other things,
verify information provided by a bidder, confirm a firm’s existence and track record, identify its
owners and affiliations or verify an individual’s educational and professional credentials.
1.8 The South African Weather Service may, prior to award of the bid, cancel the bid if:
1.8.1 Due to changed circumstances, there is no longer a need for the goods or services requested;
1.8.2 Funds are no longer available to cover the total envisaged expenditure;
1.8.3 No acceptable tenders are received;
1.8.4 Due to material irregularities in the tender process.
1.9 Any effort or attempt by a bidder to influence the award decision in any matter may result in the
rejection of the bid.
1.10 Costs incurred by the bidder in respect of attending any briefing / information / site visit /
presentation will be borne by the bidder and the South African Weather Service will not be liable to
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Template: Bid Invitation - Annexure A
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Template: Bid Invitation - Annexure A
Bid, all payments due to creditors for goods delivered / services rendered will be settled within thirty
(30) days from receipt of an invoice.
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Template: Bid Invitation - Annexure A
PART C
DECLARATION BY BIDDER
I, ………………………………………………………………………………………………………….………..… in my capacity as
…………………………………………………………………………………………... hereby declare that I have read and
understood the contents and conditions of this bid and certify that the information furnished is true
and correct. I accept that, in addition to cancellation of a contract, action may be taken against me
should the information provided prove to be false.
Signature: ……………………………………..……….…………
Date: ……………………………………………………….……….
Page 9 of 9
Annexure B
GOVERNMENT PROCUREMENT:
July 2010
1
GOVERNMENT PROCUREMENT
NOTES
2
TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices
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General Conditions of Contract
1.1 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids.
1.2 “Contract” means the written agreement entered into between the
purchaser and the supplier, as recorded in the contract form signed by
the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the
contract for the full and proper performance of his contractual
obligations.
1.6 “Country of origin” means the place where the goods were mined,
grown or produced or from which the services are supplied. Goods are
produced when, through manufacturing, processing or substantial and
major assembly of components, a commercially recognized new
product results that is substantially different in basic characteristics or
in purpose or utility from its components.
1.10 “Delivery into consignees store or to his site” means delivered and
unloaded in the specified store or depot or on the specified site in
compliance with the conditions of the contract or order, the supplier
bearing all risks and charges involved until the supplies are so
delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods
on own initiative in the RSA at lower prices than that of the country of
origin and which have the potential to harm the local industries in the
4
RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and
not involving the supplier’s fault or negligence and not foreseeable.
Such events may include, but is not restricted to, acts of the purchaser
in its sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions and freight embargoes.
1.15 “Goods” means all of the equipment, machinery, and/or other materials
that the supplier is required to supply to the purchaser under the
contract.
1.16 “Imported content” means that portion of the bidding price represented
by the cost of components, parts or materials which have been or are
still to be imported (whether by the supplier or his subcontractors) and
which costs are inclusive of the costs abroad, plus freight and other
direct importation costs such as landing costs, dock dues, import duty,
sales duty or other similar tax or duty at the South African place of
entry as well as transportation and handling charges to the factory in
the Republic where the supplies covered by the bid will be
manufactured.
1.17 “Local content” means that portion of the bidding price which is not
included in the imported content provided that local manufacture does
take place.
1.19 “Order” means an official written order issued for the supply of goods
or works or the rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in bidding
documents.
5
obligations of the supplier covered under the contract.
2. Application 2.1 These general conditions are applicable to all bids, contracts and orders
including bids for functional and professional services, sales, hiring,
letting and the granting or acquiring of rights, but excluding
immovable property, unless otherwise indicated in the bidding
documents.
2.2 Where applicable, special conditions of contract are also laid down to
cover specific supplies, services or works.
2.3 Where such special conditions of contract are in conflict with these
general conditions, the special conditions shall apply.
3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser
shall not be liable for any expense incurred in the preparation and
submission of a bid. Where applicable a non-refundable fee for
documents may be charged.
3.2 With certain exceptions, invitations to bid are only published in the
Government Tender Bulletin. The Government Tender Bulletin may be
obtained directly from the Government Printer, Private Bag X85,
Pretoria 0001, or accessed electronically from www.treasury.gov.za
4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the
bidding documents and specifications.
5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,
contract disclose the contract, or any provision thereof, or any specification,
documents plan, drawing, pattern, sample, or information furnished by or on
and
behalf of the purchaser in connection therewith, to any person other
information;
inspection.
than a person employed by the supplier in the performance of the
contract. Disclosure to any such employed person shall be made in
confidence and shall extend only so far as may be necessary for
purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent,
make use of any document or information mentioned in GCC clause
5.1 except for purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause
5.1 shall remain the property of the purchaser and shall be returned (all
copies) to the purchaser on completion of the supplier’s performance
under the contract if so required by the purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records
relating to the performance of the supplier and to have them audited by
auditors appointed by the purchaser, if so required by the purchaser.
6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party
claims of infringement of patent, trademark, or industrial design rights
arising from use of the goods or any part thereof by the purchaser.
6
7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,
security the successful bidder shall furnish to the purchaser the performance
security of the amount specified in SCC.
8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.
tests and
analyses
8.2 If it is a bid condition that supplies to be produced or services to be
rendered should at any stage during production or execution or on
completion be subject to inspection, the premises of the bidder or
contractor shall be open, at all reasonable hours, for inspection by a
representative of the Department or an organization acting on behalf of
the Department.
8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3
show the supplies to be in accordance with the contract requirements,
the cost of the inspections, tests and analyses shall be defrayed by the
purchaser.
8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not
comply with the contract requirements, irrespective of whether such
supplies or services are accepted or not, the cost in connection with
these inspections, tests or analyses shall be defrayed by the supplier.
8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and
which do not comply with the contract requirements may be rejected.
7
analyzed and may be rejected if found not to comply with the
requirements of the contract. Such rejected supplies shall be held at the
cost and risk of the supplier who shall, when called upon, remove them
immediately at his own cost and forthwith substitute them with
supplies which do comply with the requirements of the contract.
Failing such removal the rejected supplies shall be returned at the
suppliers cost and risk. Should the supplier fail to provide the
substitute supplies forthwith, the purchaser may, without giving the
supplier further opportunity to substitute the rejected supplies,
purchase such supplies as may be necessary at the expense of the
supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the
purchaser to cancel the contract on account of a breach of the
conditions thereof, or to act in terms of Clause 23 of GCC.
9. Packing 9.1 The supplier shall provide such packing of the goods as is required to
prevent their damage or deterioration during transit to their final
destination, as indicated in the contract. The packing shall be
sufficient to withstand, without limitation, rough handling during
transit and exposure to extreme temperatures, salt and precipitation
during transit, and open storage. Packing, case size and weights shall
take into consideration, where appropriate, the remoteness of the
goods’ final destination and the absence of heavy handling facilities at
all points in transit.
9.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall
be expressly provided for in the contract, including additional
requirements, if any, specified in SCC, and in any subsequent
instructions ordered by the purchaser.
10. Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with
and documents the terms specified in the contract. The details of shipping and/or other
documents to be furnished by the supplier are specified in SCC.
11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely
convertible currency against loss or damage incidental to manufacture
or acquisition, transportation, storage and delivery in the manner
specified in the SCC.
12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required,
this shall be specified in the SCC.
13. Incidental 13.1 The supplier may be required to provide any or all of the following
services services, including additional services, if any, specified in SCC:
8
(d) performance or supervision or maintenance and/or repair of
the supplied goods, for a period of time agreed by the parties,
provided that this service shall not relieve the supplier of any
warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant
and/or on-site, in assembly, start-up, operation,
maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in
the contract price for the goods, shall be agreed upon in advance by the
parties and shall not exceed the prevailing rates charged to other
parties by the supplier for similar services.
14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all
of the following materials, notifications, and information pertaining to
spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the
supplier, provided that this election shall not relieve the supplier
of any warranty obligations under the contract; and
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending
termination, in sufficient time to permit the purchaser to
procure needed requirements; and
(ii) following such termination, furnishing at no cost to the
purchaser, the blueprints, drawings, and specifications of the
spare parts, if requested.
15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are
new, unused, of the most recent or current models, and that they
incorporate all recent improvements in design and materials unless
provided otherwise in the contract. The supplier further warrants that
all goods supplied under this contract shall have no defect, arising from
design, materials, or workmanship (except when the design and/or
material is required by the purchaser’s specifications) or from any act
or omission of the supplier, that may develop under normal use of the
supplied goods in the conditions prevailing in the country of final
destination.
15.2 This warranty shall remain valid for twelve (12) months after the
goods, or any portion thereof as the case may be, have been delivered
to and accepted at the final destination indicated in the contract, or for
eighteen (18) months after the date of shipment from the port or place
of loading in the source country, whichever period concludes earlier,
unless specified otherwise in SCC.
15.3 The purchaser shall promptly notify the supplier in writing of any
claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period
specified in SCC and with all reasonable speed, repair or replace the
defective goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s)
within the period specified in SCC, the purchaser may proceed to take
9
such remedial action as may be necessary, at the supplier’s risk and
expense and without prejudice to any other rights which the purchaser
may have against the supplier under the contract.
16. Payment 16.1 The method and conditions of payment to be made to the supplier
under this contract shall be specified in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied
by a copy of the delivery note and upon fulfillment of other obligations
stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later
than thirty (30) days after submission of an invoice or claim by the
supplier.
17. Prices 17.1 Prices charged by the supplier for goods delivered and services
performed under the contract shall not vary from the prices quoted by
the supplier in his bid, with the exception of any price adjustments
authorized in SCC or in the purchaser’s request for bid validity
extension, as the case may be.
18. Contract 18.1 No variation in or modification of the terms of the contract shall be
amendments made except by written amendment signed by the parties concerned.
19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to
perform under the contract, except with the purchaser’s prior written
consent.
20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all subcontracts
awarded under this contracts if not already specified in the bid. Such
notification, in the original bid or later, shall not relieve the supplier
from any liability or obligation under the contract.
21. Delays in the 21.1 Delivery of the goods and performance of services shall be made by
supplier’s the supplier in accordance with the time schedule prescribed by the
performance purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its
subcontractor(s) should encounter conditions impeding timely delivery
of the goods and performance of services, the supplier shall promptly
notify the purchaser in writing of the fact of the delay, its likely
duration and its cause(s). As soon as practicable after receipt of the
supplier’s notice, the purchaser shall evaluate the situation and may at
his discretion extend the supplier’s time for performance, with or
without the imposition of penalties, in which case the extension shall
be ratified by the parties by amendment of contract.
21.4 The right is reserved to procure outside of the contract small quantities
or to have minor essential services executed if an emergency arises, the
10
supplier’s point of supply is not situated at or near the place where the
supplies are required, or the supplier’s services are not readily
available.
21.5 Except as provided under GCC Clause 25, a delay by the supplier in
the performance of its delivery obligations shall render the supplier
liable to the imposition of penalties, pursuant to GCC Clause 22,
unless an extension of time is agreed upon pursuant to GCC Clause
21.2 without the application of penalties.
21.6 Upon any delay beyond the delivery period in the case of a supplies
contract, the purchaser shall, without canceling the contract, be entitled
to purchase supplies of a similar quality and up to the same quantity in
substitution of the goods not supplied in conformity with the contract
and to return any goods delivered later at the supplier’s expense and
risk, or to cancel the contract and buy such goods as may be required
to complete the contract and without prejudice to his other rights, be
entitled to claim damages from the supplier.
22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of
the goods or to perform the services within the period(s) specified in
the contract, the purchaser shall, without prejudice to its other remedies
under the contract, deduct from the contract price, as a penalty, a sum
calculated on the delivered price of the delayed goods or unperformed
services using the current prime interest rate calculated for each day of
the delay until actual delivery or performance. The purchaser may also
consider termination of the contract pursuant to GCC Clause 23.
23. Termination 23.1 The purchaser, without prejudice to any other remedy for breach of
for default contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within
the period(s) specified in the contract, or within any
extension thereof granted by the purchaser pursuant to GCC
Clause 21.2;
(b) if the Supplier fails to perform any other obligation(s) under
the contract; or
if the supplier, in the judgment of the purchaser, has
(c) engaged in corrupt or fraudulent practices in competing for
or in executing the contract.
23.2 In the event the purchaser terminates the contract in whole or in part,
the purchaser may procure, upon such terms and in such manner as it
deems appropriate, goods, works or services similar to those undelivered,
and the supplier shall be liable to the purchaser for any excess costs for
such similar goods, works or services. However, the supplier shall
continue performance of the contract to the extent not terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the
purchaser may decide to impose a restriction penalty on the supplier by
prohibiting such supplier from doing business with the public sector for a
period not exceeding 10 years.
11
person associated with the supplier, the supplier will be allowed a time
period of not more than fourteen (14) days to provide reasons why the
envisaged restriction should not be imposed. Should the supplier fail to
respond within the stipulated fourteen (14) days the purchaser may regard
the intended penalty as not objected against and may impose it on the
supplier.
23.6 If a restriction is imposed, the purchaser must, within five (5) working
days of such imposition, furnish the National Treasury, with the
following information:
(i) the name and address of the supplier and / or person restricted by the
purchaser;
(ii) the date of commencement of the restriction
(iii) the period of restriction; and
(iv) the reasons for the restriction.
24. Anti-dumping 24.1 When, after the date of bid, provisional payments are required, or anti-
and countervailing dumping or countervailing duties are imposed, or the amount of a
duties and rights provisional payment or anti-dumping or countervailing right is
increased in respect of any dumped or subsidized import, the State is
not liable for any amount so required or imposed, or for the amount of
any such increase. When, after the said date, such a provisional
payment is no longer required or any such anti-dumping or
countervailing right is abolished, or where the amount of such
provisional payment or any such right is reduced, any such favourable
difference shall on demand be paid forthwith by the contractor to the
State or the State may deduct such amounts from moneys (if any)
which may otherwise be due to the contractor in regard to supplies or
services which he delivered or rendered, or is to deliver or render in
terms of the contract or any other contract or any other amount which
12
may be due to him
25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the
Majeure supplier shall not be liable for forfeiture of its performance security,
damages, or termination for default if and to the extent that his delay in
performance or other failure to perform his obligations under the
contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify
the purchaser in writing of such condition and the cause thereof.
Unless otherwise directed by the purchaser in writing, the supplier
shall continue to perform its obligations under the contract as far as is
reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the force majeure event.
26. Termination 26.1 The purchaser may at any time terminate the contract by giving written
for insolvency notice to the supplier if the supplier becomes bankrupt or otherwise
insolvent. In this event, termination will be without compensation to
the supplier, provided that such termination will not prejudice or affect
any right of action or remedy which has accrued or will accrue
thereafter to the purchaser.
27. Settlement of 27.1 If any dispute or difference of any kind whatsoever arises between the
Disputes purchaser and the supplier in connection with or arising out of the
contract, the parties shall make every effort to resolve amicably such
dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute
or difference by such mutual consultation, then either the purchaser or
the supplier may give notice to the other party of his intention to
commence with mediation. No mediation in respect of this matter may
be commenced unless such notice is given to the other party.
28. Limitation of
liability
28.1 Except in cases of criminal negligence or willful misconduct, and in
the case of infringement pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in
contract, tort, or otherwise, for any indirect or consequential loss
or damage, loss of use, loss of production, or loss of profits or
interest costs, provided that this exclusion shall not apply to any
obligation of the supplier to pay penalties and/or damages to the
purchaser; and
13
(b) the aggregate liability of the supplier to the purchaser, whether
under the contract, in tort or otherwise, shall not exceed the total
contract price, provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment.
29. Governing 29.1 The contract shall be written in English. All correspondence and other
language documents pertaining to the contract that is exchanged by the parties
shall also be written in English.
30. Applicable 30.1 The contract shall be interpreted in accordance with South African
law laws, unless otherwise specified in SCC.
31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier
concerned by registered or certified mail and any other notice to him
shall be posted by ordinary mail to the address furnished in his bid or
to the address notified later by him in writing and such posting shall be
deemed to be proper service of such notice
31.2 The time mentioned in the contract documents for performing any act
after such aforesaid notice has been given, shall be reckoned from the
date of posting of such notice.
32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp
duties duties, license fees, and other such levies imposed outside the
purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties,
license fees, etc., incurred until delivery of the contracted goods to
the purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are
not in order. Prior to the award of a bid the Department must be in
possession of a tax clearance certificate, submitted by the bidder.
This certificate must be an original issued by the South African
Revenue Services.
33.National 33.1 The NIP Programme administered by the Department of Trade and
Industrial Industry shall be applicable to all contracts that are subject to the
Participation (NIP) NIP obligation.
Programme
34 Prohibition of
Restrictive practices 34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of
1998, as amended, an agreement between, or concerted practice by,
firms, or a decision by an association of firms, is prohibited if it is
between parties in a horizontal relationship and if a bidder (s) is / are
or a contractor(s) was / were involved in collusive bidding (or bid
rigging).
14
34.3 If a bidder(s) or contractor(s), has / have been found guilty by the
Competition Commission of the restrictive practice referred to
above, the purchaser may, in addition and without prejudice to any
other remedy provided for, invalidate the bid(s) for such item(s)
offered, and / or terminate the contract in whole or part, and / or
restrict the bidder(s) or contractor(s) from conducting business with
the public sector for a period not exceeding ten (10) years and / or
claim damages from the bidder(s) or contractor(s) concerned.
15
Annexure C
Bidder’s Disclosure
SBD 4
BIDDER’S DISCLOSURE
Any person (natural or juristic) may make an offer or offers in terms of this invitation
to bid. In line with the principles of transparency, accountability, impartiality, and
ethics as enshrined in the Constitution of the Republic of South Africa and further
expressed in various pieces of legislation, it is required for the bidder to make this
declaration in respect of the details required hereunder.
Where a person/s are listed in the Register for Tender Defaulters and / or the List of
Restricted Suppliers, that person will automatically be disqualified from the bid
process.
2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or
any person having a controlling interest1 in the enterprise,
employed by the state? YES/NO
2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if
applicable, state employee numbers of sole proprietor/ directors / trustees /
shareholders / members/ partners or any person having a controlling interest in the
enterprise, in table below.
Full Name Identity Number Name of State institution
1 the power, by one person or a group of persons holding the majority of the
equity of an enterprise, alternatively, the person/s having the deciding vote or
power to influence or to direct the course and decisions of the enterprise.
2.2 Do you, or any person connected with the bidder, have a relationship with any
person who is employed by the procuring institution? YES/NO
2.3 Does the bidder or any of its directors / trustees / shareholders / members /
partners or any person having a controlling interest in the enterprise have any
interest in any other related enterprise whether or not they are bidding for this
contract? YES/NO
3 DECLARATION
3.6 I am aware that, in addition and without prejudice to any other remedy provided to
combat any restrictive practices related to bids and contracts, bids that are
suspicious will be reported to the Competition Commission for investigation and
possible imposition of administrative penalties in terms of section 59 of the
Competition Act No 89 of 1998 and or may be reported to the National Prosecuting
Authority (NPA) for criminal investigation and or may be restricted from conducting
business with the public sector for a period not exceeding ten (10) years in terms of
the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other
applicable legislation.
……………………………… ..……………………………………………
Signature Date
……………………………… ………………………………………………
Position Name of bidder
Annexure F
Page 1 of 6
SBD 6.1
This preference form must form part of all tenders invited. It contains general information
and serves as a claim form for preference points for specific goals.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
The applicable preference point system for this tender is the 80/20 preference point
system.
1.3 Points for this tender (even in the case of a tender for income-generating contracts)
shall be awarded for:
(a) Price; and
(b) Specific Goals.
1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of
this tender to claim points for specific goals with the tender, will be interpreted to mean
that preference points for specific goals are not claimed.
Page 2 of 6
1.6 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the organ of state.
2. DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in
response to an invitation to provide goods or services through price quotations,
competitive tendering process or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and
includes all applicable taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form
determined by an organ of state in response to an invitation for the origination of
income-generating contracts through any method envisaged in legislation that will
result in a legal agreement between the organ of state and a third party that produces
revenue for the organ of state, and includes, but is not limited to, leasing and disposal
of assets and concession contracts, excluding direct sales and disposal of assets
through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No.
5 of 2000).
80/20 or 90/10
Page 3 of 6
3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME
GENERATING PROCUREMENT
80/20 or 90/10
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender
4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the tender.
For the purposes of this tender the tenderer will be allocated points based on the goals
stated in table 1 below as may be supported by proof/ documentation stated in the
conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which
states that, if it is unclear whether the 80/20 or 90/10 preference point system applies,
an organ of state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20
or 90/10 preference point system will apply and that the highest acceptable
tender will be used to determine the applicable preference point system; or
(b) any other invitation for tender, that either the 80/20 or 90/10 preference point
system will apply and that the lowest acceptable tender will be used to
determine the applicable preference point system,
then the organ of state must indicate the points allocated for specific goals for both the
90/10 and 80/20 preference point system.
Page 4 of 6
Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is
applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.)
Number of Number of
points points claimed
allocated (80/20 system)
The specific goals allocated points (80/20 system) (To be
in terms of this tender completed by
(To be the tenderer)
completed by
the organ of
state)
B-BBEE Status Level of Contributor
Level 1 20
Level 2 18
Level 3 14
Level 4 12
Level 5 8
Level 6 6
Level 7 4
Level 8 2
Non-compliant contributor 0
Page 5 of 6
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm,
certify that the points claimed, based on the specific goals as advised in the tender,
qualifies the company/ firm for the preference(s) shown and I acknowledge that:
……………………………………….
SIGNATURE(S) OF TENDERER(S)
DATE: ………………………………………………………
ADDRESS: ………………………………………………………
………………………………………………………
………………………………………………………
………………………………………………………
Page 6 of 6
PRICING SCHEDULE SERVICES : ANNEXURE G
Annexure G
Page 1 of 4
PRICING SCHEDULE SERVICES : ANNEXURE G
SBD3.3
1. PRICING SCHEDULE/S
1.1 Item 1: Supply and commissioning of a minimum size Lightning Location Detection
Network aligned to the bidder’s specific network technology application, which
includes but is not limited to the sensors and server platform as per requirement in
Annexure H.
All prices must be in South African rand value and must be inclusive of VAT.
1.1.2 Any other costs not included in the above price? *YES NO
Page 2 of 4
PRICING SCHEDULE SERVICES : ANNEXURE G
1.1.4 Period required for commencement of the project after acceptance of bid?
1.1.5 Are the rates quoted firm for the full period of the project? YES *NO
1.1.6 *If not firm for the full period, provide details of the basis on which
adjustments will be applied for, for example consumer price index.
Page 3 of 4
PRICING SCHEDULE SERVICES : ANNEXURE G
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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88
Annexure H
The Supply
of
to the
South African Weather Service.
Page 1 of 7
Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88
1 DESCRIPTION
The South African Weather Service (SAWS) hereby would like to invite interested parties for the supply and
commissioning of a minimum size Lightning Location Detection Network aligned to the bidder’s specific
network technology application, which includes but is not limited to the sensors and server platform.
2 INTRODUCTION
The South African Weather Service (SAWS) is a public entity of the Department of Forestry, Fisheries and the
Environment (DFFE) and derives its mandate from the South African Weather Service Act (No 8 of 2001 as
amended). The public entity is listed as a Schedule 3A Public Entity in terms of the Public Finance
Management Act (PFMA).
SAWS is tasked with providing timely and accurate scientific data in the field of meteorology to the broader
South African society: a combination of both public good and commercial services. The organisation plays a
vital role in South African public life, not just as a provider of key services, but also in empowering citizens to
adapt the effects of the ever-changing weather.
3 BACKGROUND
The Technical Service Department is the electronic technology development, installation, maintenance and
operational management arm of SAWS. The unit is responsible for the maintenance and improvement of
integrated electronic atmospheric weather monitoring and observational systems to enable forecasters,
researchers and climatologists to issue accurate predictions. The Department: Technical Service is at the
forefront of technological development of observational and early warning networks for severe weather as
well as routine meteorological observations.
SAWS currently is utilizing 26 Sensors and Processor Server in its Lightning Location Detection Observational
Network to position lightning strikes.
4.1 The Lightning Location Detection Network and Server currently in use have been in use over the past 15
years. SAWS is currently looking into the options available in the market for the supply and delivery of
minimal sized Lightning Detection Sensors and Server (thus a full turnkey solution) with the possibility of
incorporation of the current sensor network.
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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88
4.2 SAWS holds the right to indicate the respective locations for installation, once the minimal sized network has
been determined. SAWS also requires the provision of accredited training from the approved Original
Equipment Manufacturer (OEM).
4.3 Once installed, the network including the data will be SAWS owned and maintained by SAWS.
4.4 As member of the World Meteorological Organization (WMO) equipment and sensors must comply with the
requirements of the WMO standard, as per INFCOM (CIMO-8 Chapter 1). As well as compliance to the South
African Weather Service Act (No 8 of 2001 as amended) section 4 (3), “severe weather-related warnings”
especially with emphasis on the lightning detection technology. For an effective “Thunderstorm Warning
System (TWS)”, compliance to South African National Standards (SANS) 62793 “Protection against lightning –
Thunderstorm warning systems”, SANS 62305 “Protection against lightning” and the International
Electrotechnical Commission, IEC 62858 “Lightning density based on lightning location system (LLS) –
General principles) are critical. SAWS also provide meteorological information to the aviation industry and
data gathered by lightning sensors located around the country must therefore also comply with the
requirements of the International Civil Aviation Organization’s (ICAO’s) requirements, as per SACAA
Regulations Part 139.
5 EVALUATION PROCESS
Bids received will be verified for completeness and correctness. SAWS reserves the right to accept or reject
a bid based on the completeness and correctness of the documentation and information provided.
Bidders are to ensure that they submit the following documentation / information with their bid.
Document Comments
Bidders must be registered on the CSD.
Proof of registration on the Central Supplier
CSD registration number must be
Database (CSD) of National Treasury
provided.
Bid Invitation (Annexure A) Completed and signed
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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88
The following Technical / Functional requirements which are mandatory must be complied with by the
service provider. Please note that service providers will not be evaluated further if they do not provide
evidence confirming compliance with any of the specified mandatory requirements.
Bidders who comply with the mandatory technical / functional requirements will be considered for further
evaluation.
Technical / Functional evaluation of the bid will be done in terms of the criteria as stated in the table below.
Bidders should take note of the Criterion, Weighting & Scoring when responding to this bid.
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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88
1.
Methodology 30 = Meeting methodology
1. At least 5 years of experience of the bidder criteria No 1 and 2.
and/or the OEM with a client listing. 40 = Meeting methodology
2. Indicated that the bidder is accredited or will be criteria No 1, 2 and 3.
engaging the OEM to provide the respective
OEM training.
3. The bidder has relevant turnkey project
experience.
The bidder and/or its subcontractor should indicate the 35 0 = None
number of years experience with list of clients the bidder 20 = Up to 5 years’ experience
or its subcontractor has in performing civil works. with list of clients
35 = More than 5 years’
experience with list of
clients and COC’s issued
Contactable references for turnkey solutions, earth 0 = None provided /
resistance testing and civil works provided during the 25 Incomplete reference
past 5 years. letters
15 = Up to 3 References
Contactable references must at least include the provided
following on a client letterhead: 25 = more than 3 References
- Name of the client provided
- Contact Person with contact details
- Date of service rendered
- Description of Work Performed
- Confirmation from client that Certificate of
Compliance was issued to Client.
Total 100
Bidders who score 75 and more out of 100 will qualify for further evaluation in terms of Price and Specific
Goals.
Bidders who comply with the requirements of this bid will be evaluated according to the preference point
scoring system as determined in the Preferential Procurement Regulations, 2022 pertaining to the Preferential
Procurement Policy Framework Act, Act No 5 of 2000.
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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88
Subject to section 2(1)(f) of the Preferential Procurement Policy Framework Act, 2000 (Act no 5 of 2000), the
RFQ will be awarded to the bidder scoring the highest points.
6 DUE DILIGENCE
The South African Weather Service reserves the right to conduct supplier due diligence prior to final award or
at any time during the contract period. This may include site visits, reference checks and requests for
additional information.
This bid and all contract emanating there from will be subject to the General Conditions of Contract (GCC)
issued in accordance with Chapter 16A of the Treasury Regulations published in terms of the Public Finance
Management Act, 1999 (Act 1 of 1999). The Special Conditions are supplement to that of the General
Conditions of Contract. Where, however the Special Conditions of Contract are in conflict with the General
Conditions of Contract, the Special Conditions of the Contract prevail.
SAWS holds the right to indicate the respective locations for installation, once the minimal sized network has
been determined.
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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88
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Annexure I
Capacity …………………………….
Signature …………………………….
Date …………………………….
A company/organization duly incorporated under the laws of Republic of South Africa, having its
main place of business
registration number:………………………………………………………..
POPIA: SUPPLIER NOTICE AND CONSENT FORM
Preparatory Statement
Whereas the “Data Subject” is in agreement with the contents of this Notice and Consent Form and grants
SAWS permission to process certain confidential/personal information, for purposes of
whereas the “Data Subject” is considering making an offer (the “Offer”) to SAWS on a solicited
Bid/Tender/RFQ/RFP/RFI, subject to conducting due diligence, as a result of which certain
confidential/personal information of the Data Subject may be disclosed to SAWS.
1. Purposes
SAWS will process, including collect, your personal information (as set out in point 2 below) for the
following purposes:
a) strategic sourcing;
b) procurement;
c) contract management;
d) supplier management;
e) invoice management;
f) payments;
g) debt recovery;
h) fraud prevention; and
i) supplier discovery.
The provision of personal information is voluntary. However, if you do not provide your personal
information, we may not be able to perform the above-mentioned purpose/s.
We process your personal information on the basis that (i) processing information is necessary for pursuing
our legitimate interests (according to section 11(1) of the Protection of Personal Information Act, No. 4 of
2013 (“POPIA”)), which lies in achieving the purposes as set out in point 1 above, (ii) processing is
necessary to carry out actions for the conclusion or performance of “supply chain management functions”
for which you are party (according to section 11(1)(b) of POPIA), or (iii) processing complies with an
obligation imposed by law on us (according to section 11(1)(c) of POPIA).
We process the following personal information (for specific natural or juristic person and can be used to
identify you or that person):
a) Master data
• Name
• Addresses
• Contact numbers
• Email address
• Other contact details of the supplier
• Supplier primary contact person’s name and contact information
• Job position and role / qualifications
• Partner roles of the suppliers needed for invoicing and ordering
• Identification / company registration number
• BBBEE status
• Central Supplier Database number
c) Supplier classification
• Category
• Vendor portfolio
• Product categories
• Main product category
• Additional product categories
• Vendor category.
f) Contract information
• commercial terms of the contract
• legal terms of the contract
• any other contractual documentation
• information about contract performance and instances of non-performance
3. Retention periods
Your personal information will only be kept for as long as we reasonably consider necessary for achieving
the purposes set out in point 1 above and as is permissible under applicable laws. We will, in any case,
retain your personal information for as long as there are statutory retention obligations or potential legal
claims are not yet time barred.
4. Law enforcement
5. Regulators
6. Sharing
7. Suppliers rights
Under applicable law, you have, among others, the rights (under the conditions set out in applicable law): (i)
to check whether and what kind of personal data we hold about you and to request access to and the right
to rectify the information collected (ii) in certain circumstances, to object to the processing of personal
information, in the prescribed manner, on reasonable grounds relating to your particular situation, unless
legislation provides for such processing or to object for the purposes of direct marketing; or (iii) to lodge a
complaint with the Information Regulator. The address of the Information Regulator is 33 Hoofd Street
Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg.
8. Your obligations
You may only send us your own personal information or the information of another data subject where you
have their permission to do so.
9. Security
We take the security of personal information very seriously and always do our best to comply with
applicable data protection laws. Our website is hosted in a secure server environment that uses a firewall
and other advanced security measures to prevent interference or access from outside intruders. We
authorize access to personal information only for those employees who require it to fulfil their job
responsibilities. We implement disaster recovery procedures where appropriate.
We will try to keep the personal information we collect as accurate, complete, and up to date as is
necessary for the purposes defined in this notice. Please note that to better protect you and safeguard your
personal information, please inform us of any required corrections to your personal information.
11. Limitation
We are not responsible for, give no warranties, nor make any representations in respect of the privacy
policies/notices or practices of any third parties.
12 Enquiries
If you have any questions or concerns arising from this notice and consent form or the way in which we
handle personal information, please contact the South African Weather Service Deputy Information Officer:
HEAD OFFICE
1263 Heuwel Road
Centurion
0157
+27 12 367 6000
Email for Head Office: [email protected]