SAWS-418 Minimum Size Lightning Detection Network.

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Template: Bid Invitation - Annexure A

Bid Number : SAWS-418/24

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.

Closing Date and Time: 11h00 on 17 January 2024

Validity Period: 90 days from closing date of bid

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

Invitation to Bid …………………………………………………………………………..........…………… Annexure A

General Conditions of Contract (GCC) …………………………………………………………………. Annexure B

Bidder’s Disclosure………...…………………………….……………………………………….............. Annexure C

Preference points claim form in terms of the Preferential Procurement Regulations 2022 … Annexure F

Pricing Schedule …………………………………………………………………………………….…….. Annexure G

Specifications / Terms of Reference …………………………………………………………………… Annexure H

POPIA Supplier Notice and Consent form.…………………………………………………………… Annexure i

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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

ARE YOU THE


ACCREDITED
ARE YOU A FOREIGN
REPRESENTATIVE
BASED SUPPLIER FOR
IN SOUTH
THE GOODS
AFRICA FOR THE Yes No
/SERVICES /WORKS
GOODS Yes No
OFFERED?
/SERVICES [IF YES, ANSWER THE
/WORKS [IF YES ENCLOSE PROOF] QUESTIONNAIRE BELOW]
OFFERED?
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO


DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
DOES THE ENTITY HAVE 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.

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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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• Pricing Schedule and Financial Proposal: Annexure G


• Specifications / Terms of Reference, Annexure H, together with the bidder’s
response to Annexure H (Technical / Functional Proposal).
• POPIA supplier consent form: Annexure i
• Any other documentation issued with the bid.

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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reimburse such costs incurred by the bidder or his/her representative/s.


1.11 Cost incurred by the bidder in preparing and submission of any bid proposal will be borne by the
bidder and the South African Weather Service will not be liable to reimburse such costs incurred by
the bidder of his/her representative/s.
1.12 The South African Weather Service shall on receipt of any proposal relating to this bid become the
owner thereof and shall not be obliged to return any proposal.
1.13 The bidders shall indemnify the South African Weather Service 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 South African Weather Service.
1.14 The South African Weather Service reserves the right to request a bidders latest audited financial
statements prior to the award of the bid in order to ascertain financial stability of the bidder. Failure
by a bidder to provide such information upon request may result in the rejection of the bid submitted
by the bidder.
1.15 Subcontracting: Tenderers or contractors must submit proof of subcontracting between the main
tenderer and the subcontractor. Proof of subcontracting arrangement may include a subcontracting
agreement between the main tenderer and the subcontractor.
1.16 The SAWS reserves the right to request final presentation only to the short listed bidders to the
evaluation committee. The shortlisted service providers will be subjected to present their service
offering in line with the bid requirements/scope of work. The SAWS might also conduct site visit to
ensure the firm existence and validate the firm’s proposed capacity/employees and administration
office.
1.17 The service provider must have duly approved operational premises with the necessary
infrastructure to provide services and relevant accreditation by the relevant body. Before the
awarding of the tender a due diligence site visit will be carried out at the premises of the service
provider.
1.18 Supplier Performance Management is viewed by the SAWS as critical component in ensuring value
for money acquisition and good supplier relations between the SAWS and all its suppliers. The
successful bidders shall upon receipt of written notification of an award, be required to conclude a
SLA with the SAWS, which will form an integral part of the supply agreement. The SLA will serve as a
tool to measure, monitor and assess the supplier‘s performance level and ensure effective delivery
of service, quality and value-add to SAWS’s business. Successful bidders are required to comply with
the above condition, and also provide a scorecard on how their product / service offering is being
measured to achieve the objectives of this condition.
1.19 The SAWS respects your privacy and acknowledge that your submission/s will contain personal
details, which may belong to you, others and / or to your company (Personal Information). By sending
us your submissions, you expressly give us consent to process and further process the Personal
Information contained therein which processing will be done in accordance with POPIA, the SAWS
POPIA policy and our standard section 18 informed consent documentation which sets out why we
need the Personal Information, what we will do with it, and who we will share it with, which you are
to familiarise yourself with by downloading it from our website i.e. www.weathersa.co.za
1.20 Unless stated otherwise in this Bid or as mutually agreed upon by both parties prior to award of the

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Bid, all payments due to creditors for goods delivered / services rendered will be settled within thirty
(30) days from receipt of an invoice.

2. TAX COMPLIANCE REQUIREMENTS


2.1 Bidders must ensure compliance with their tax obligations.
2.2 Bidders are required to submit their unique Personal Identification Number (PIN) issued by the South
African Revenue Service (SARS) to enable the South African Weather Service to verify the taxpayer’s
(Bidder’s) profile and tax status.
2.3 Application for a 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 Tax Compliance Status (TCS) certificate together with the bid.
2.5 In bids where consortia / joint ventures / sub-contractors are involved each party must submit a
separate TCS certificate / Pin / CSD number.
2.6 Where no TCS Pin is available but the bidder is registered on the Central Supplier Database (CSD), a
CSD number must be provided.
2.7 No bids will be considered from persons in the service of the state, companies with directors who are
persons in the service of the state, or close corporations with members persons in the service of the
state.
2.8 Foreign suppliers with neither South African tax obligations nor history of doing business in South
Africa must complete the questionnaire on page 2 and 3 of Annexure A. In instances where a
recommendation for award of a bid will be made to a foreign bidder, the South African Weather
Service will submit the bidders completed Annexure A bid document to the South African Revenue
Service. The South African Revenue Service will then issue a confirmation of tax obligations letter to
the South African Weather Service confirming whether or not the foreign entity has tax obligations in
South Africa.
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID
INVALID.

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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: ……………………………………………………….……….

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Annexure B

General Conditions of Contract


THE NATIONAL TREASURY

Republic of South Africa

GOVERNMENT PROCUREMENT:

GENERAL CONDITIONS OF CONTRACT

July 2010

1
GOVERNMENT PROCUREMENT

GENERAL CONDITIONS OF CONTRACT


July 2010

NOTES

The purpose of this document is to:

(i) Draw special attention to certain general conditions


applicable to government bids, contracts and orders; and
(ii) To ensure that clients be familiar with regard to the rights
and obligations of all parties involved in doing business
with government.

In this document words in the singular also mean in the plural


and vice versa and words in the masculine also mean in the
feminine and neuter.

The General Conditions of Contract will form part of


all bid documents and may not be amended.

Special Conditions of Contract (SCC) relevant to a specific


bid, should be compiled separately for every bid (if
(applicable) and will supplement the General Conditions
of Contract. Whenever there is a conflict, the provisions
in the SCC shall prevail.

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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. Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the
purchaser and the supplier, as recorded in the contract form signed by
the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the
contract for the full and proper performance of his contractual
obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting


of any thing of value to influence the action of a public official in the
procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise


abroad is subsidized by its government and encouraged to market its
products internationally.

1.6 “Country of origin” means the place where the goods were mined,
grown or produced or from which the services are supplied. Goods are
produced when, through manufacturing, processing or substantial and
major assembly of components, a commercially recognized new
product results that is substantially different in basic characteristics or
in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the


contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock


actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and
unloaded in the specified store or depot or on the specified site in
compliance with the conditions of the contract or order, the supplier
bearing all risks and charges involved until the supplies are so
delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods
on own initiative in the RSA at lower prices than that of the country of
origin and which have the potential to harm the local industries in the

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RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and
not involving the supplier’s fault or negligence and not foreseeable.
Such events may include, but is not restricted to, acts of the purchaser
in its sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to


influence a procurement process or the execution of a contract to the
detriment of any bidder, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the bidder of the
benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

1.16 “Imported content” means that portion of the bidding price represented
by the cost of components, parts or materials which have been or are
still to be imported (whether by the supplier or his subcontractors) and
which costs are inclusive of the costs abroad, plus freight and other
direct importation costs such as landing costs, dock dues, import duty,
sales duty or other similar tax or duty at the South African place of
entry as well as transportation and handling charges to the factory in
the Republic where the supplies covered by the bid will be
manufactured.

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

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


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

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of


the goods, such as transportation and any other incidental services,
such as installation, commissioning, provision of technical assistance,
training, catering, gardening, security, maintenance and other such

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obligations of the supplier covered under the contract.

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


electronic or mechanical writing.

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

2.2 Where applicable, special conditions of contract are also laid down to
cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these
general conditions, the special conditions shall apply.

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

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.

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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.

7.2 The proceeds of the performance security shall be payable to the


purchaser as compensation for any loss resulting from the supplier’s
failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the


contract, or in a freely convertible currency acceptable to the purchaser
and shall be in one of the following forms:

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


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

7.4 The performance security will be discharged by the purchaser and


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

8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.
tests and
analyses
8.2 If it is a bid condition that supplies to be produced or services to be
rendered should at any stage during production or execution or on
completion be subject to inspection, the premises of the bidder or
contractor shall be open, at all reasonable hours, for inspection by a
representative of the Department or an organization acting on behalf of
the Department.

8.3 If there are no inspection requirements indicated in the bidding


documents and no mention is made in the contract, but during the
contract period it is decided that inspections shall be carried out, the
purchaser shall itself make the necessary arrangements, including
payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3
show the supplies to be in accordance with the contract requirements,
the cost of the inspections, tests and analyses shall be defrayed by the
purchaser.

8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not
comply with the contract requirements, irrespective of whether such
supplies or services are accepted or not, the cost in connection with
these inspections, tests or analyses shall be defrayed by the supplier.

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

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

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

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

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

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

10. Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with
and documents the terms specified in the contract. The details of shipping and/or other
documents to be furnished by the supplier are specified in SCC.

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

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:

(a) performance or supervision of on-site assembly and/or


commissioning of the supplied goods;
(b) furnishing of tools required for assembly and/or maintenance
of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual
for each appropriate unit of the supplied goods;

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(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.

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

17. Prices 17.1 Prices charged by the supplier for goods delivered and services
performed under the contract shall not vary from the prices quoted by
the supplier in his bid, with the exception of any price adjustments
authorized in SCC or in the purchaser’s request for bid validity
extension, as the case may be.

18. Contract 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.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of


supplies or services from a national department, provincial department,
or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities
or to have minor essential services executed if an emergency arises, the

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.

23.4 If a purchaser intends imposing a restriction on a supplier or any

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.

23.5 Any restriction imposed on any person by the Accounting Officer /


Authority will, at the discretion of the Accounting Officer / Authority,
also be applicable to any other enterprise or any partner, manager,
director or other person who wholly or partly exercises or exercised or
may exercise control over the enterprise of the first-mentioned person,
and with which enterprise or person the first-mentioned person, is or was
in the opinion of the Accounting Officer / Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working
days of such imposition, furnish the National Treasury, with the
following information:
(i) the name and address of the supplier and / or person restricted by the
purchaser;
(ii) the date of commencement of the restriction
(iii) the period of restriction; and
(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database


of suppliers or persons prohibited from doing business with the public
sector.

23.7 If a court of law convicts a person of an offence as contemplated in


sections 12 or 13 of the Prevention and Combating of Corrupt Activities
Act, No. 12 of 2004, the court may also rule that such person’s name be
endorsed on the Register for Tender Defaulters. When a person’s name
has been endorsed on the Register, the person will be prohibited from
doing business with the public sector for a period not less than five years
and not more than 10 years. The National Treasury is empowered to
determine the period of restriction and each case will be dealt with on its
own merits. According to section 32 of the Act the Register must be
open to the public. The Register can be perused on the National Treasury
website.

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are 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.

27.3 Should it not be possible to settle a dispute by means of mediation, it


may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules


of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings


herein,

(a) the parties shall continue to perform their respective obligations


under the contract unless they otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier.

28. Limitation of
liability
28.1 Except in cases of criminal negligence or 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).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or


evidence obtained by the purchaser, has / have engaged in the
restrictive practice referred to above, the purchaser may refer the
matter to the Competition Commission for investigation and possible
imposition of administrative penalties as contemplated in the
Competition Act No. 89 of 1998.

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.

Js General Conditions of Contract (revised July 2010)

15
Annexure C

Bidder’s Disclosure
SBD 4

BIDDER’S DISCLOSURE

1. PURPOSE OF THE FORM

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

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

2. Bidder’s declaration

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

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

1 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

2.2.1 If so, furnish particulars:


……………………………………………………………………………………
……………………………………………………………………………………

2.3 Does the bidder or any of its directors / trustees / shareholders / members /
partners or any person having a controlling interest in the enterprise have any
interest in any other related enterprise whether or not they are bidding for this
contract? YES/NO

2.3.1 If so, furnish particulars:


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

3 DECLARATION

I, the undersigned, (name)………………………………………………………….

…………………………………………………………………… in submitting the


accompanying bid, do hereby make the following statements that I certify to be
true and complete in every respect:

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


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

3.5 There have been no consultations, communications, agreements or

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


combining their expertise, property, capital, efforts, skill and knowledge in an
activity for the execution of a contract.
arrangements made by the bidder with any official of the procuring institution in
relation to this procurement process prior to and during the bidding process
except to provide clarification on the bid submitted where so required by the
institution; and the bidder was not involved in the drafting of the specifications
or terms of reference for this bid.

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

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3


ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN
TERMS OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22 ON
PREVENTING AND COMBATING ABUSE IN THE SUPPLY CHAIN
MANAGEMENT SYSTEM SHOULD THIS DECLARATION PROVE TO BE FALSE.

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

……………………………… ………………………………………………
Position Name of bidder
Annexure F

Preference Points Claim Form in terms of the

Preferential Procurement Regulations 2022

Page 1 of 6
SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL


PROCUREMENT REGULATIONS 2022

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

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE


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

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

1.2 To be completed by the organ of state

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.

1.4 To be completed by the organ of state:


The maximum points for this tender are allocated as follows:
POINTS
PRICE 80
SPECIFIC GOALS 20
Total points for Price and SPECIFIC GOALS 100

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

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).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

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


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

80/20 or 90/10

𝑷𝒕−𝑷 𝒎𝒊𝒏 𝑷𝒕−𝑷 𝒎𝒊𝒏


𝑷𝒔 = 𝟖𝟎 (𝟏 − ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏 𝑷 𝒎𝒊𝒏
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

Page 3 of 6
3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME
GENERATING PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

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

80/20 or 90/10

𝑷𝒕−𝑷 𝒎𝒂𝒙 𝑷𝒕−𝑷 𝒎𝒂𝒙


𝑷𝒔 = 𝟖𝟎 (𝟏 + ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 + )
𝑷 𝒎𝒂𝒙 𝑷𝒎𝒂𝒙

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

4. POINTS AWARDED FOR SPECIFIC GOALS

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

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

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

DECLARATION WITH REGARD TO COMPANY/FIRM

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

4.4. Company registration number: …………………………………………………………...

4.5. TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium


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

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:

i) The information furnished is true and correct;


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

(a) disqualify the person from the tendering process;


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

……………………………………….

SIGNATURE(S) OF TENDERER(S)

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

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

………………………………………………………

Page 6 of 6
PRICING SCHEDULE SERVICES : ANNEXURE G

Annexure G

Pricing Schedule for Services

Public Document: Document Template Reference: SCM-DEM-QAP-TEP-001

Page 1 of 4
PRICING SCHEDULE SERVICES : ANNEXURE G

SBD3.3

NAME OF BIDDER: ……………………………………………………………………………………………………………………………

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.

1.1.1 Bidders are required to indicate a ceiling price based on


the total estimated time for completion of all phases and
including all expenses inclusive of VAT for the project. R …………………………………………………..

1.1.2 Any other costs not included in the above price? *YES NO

* If YES, please specify

Public Document: Document Template Reference: SCM-DEM-QAP-TEP-001

Page 2 of 4
PRICING SCHEDULE SERVICES : ANNEXURE G

1.1.3 Cost break-down of ceiling price in 1.1.1


Bidders are required to indicate the cost component/s used for determining the ceiling price as given in 1.1.1 above.

Description Cost (VAT Incl.)

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.

Public Document: Document Template Reference: SCM-DEM-QAP-TEP-001

Page 3 of 4
PRICING SCHEDULE SERVICES : ANNEXURE G

Public Document: Document Template Reference: SCM-DEM-QAP-TEP-001

Page 4 of 4
Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88

Provision of Lightning Detection Network System

Annexure H

The Supply

of

Lightning Detection Network

to the
South African Weather Service.

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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88

Provision of Lightning Detection Network System

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 REQUIREMENT / SCOPE OF WORK

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

Provision of Lightning Detection Network System

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

5.1 Administrative Compliance requirements

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

SBD 3.3 (Pricing Schedule) Completed and signed

SBD 4 (Bidder’s Declaration) Completed and signed


Completed and signed if points are
SBD 6.1 (Preference Points Claim Form)
claimed
SARS (South African Revenue Service) Tax
Bidders tax matters must be in order
Compliant

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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88

Provision of Lightning Detection Network System

Valid and compliant original B-BBEE


BBBEE Certificate and/or certified copies of Sworn
Affidavit must be submitted for any
points claimed

5.2 Mandatory Technical / Functional requirements

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.

Mandatory requirement Evidence to be submitted with bid


1 Bidder to indicate if there is a Local agent / Bidder to submit written confirmation from the
Service provider within the territory of South OEM stating whether there is a local agent
Africa for the lightning sensors, server and /representative of the lightning sensors in South
software. Africa.

2 Compliance with the requirements listed Written confirmation by bidder or supportive


under section 4.1 to 4.4 evidence to be provided by the bidder confirming
compliance with or demonstrating compliance
with the requirements listed under section 4.1 to
4.4
3 The bidder and/or its appointed subcontractor Bidder to submit the CIDB 2GB or higher grading
that will be tasked with the Civil Works must of the bidder itself and/or its appointed
have a CIDB Grading of 2 GB or higher. subcontractor that will be tasked with the Civil
Works

Bidders who comply with the mandatory technical / functional requirements will be considered for further
evaluation.

5.3 Technical / Functional 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.

Criterion Weight Score

The bidder should indicate years of experience in 40 0 = None


Lightning Location Detection Technology provision and 10 = Meeting only
providing relevant certified training methodology criteria No

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Docusign Envelope ID: 1A1377BA-DE25-4AB2-A746-9AADCD852B88

Provision of Lightning Detection Network System

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.

5.4 Phase 3: 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

Provision of Lightning Detection Network System

Points for this RFQ shall be awarded for:


(a) Price; and
(b) Specific Goals (Refer to Annexure F: Preference Points Claim Form).

The maximum points for this bid are allocated as follows:


POINTS
PRICE 80
SPECIFIC GOALS (Refer to Annexure F: Preference Points Claim 20
Form)
Total points for Price and Specific Goals 100

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.

7 SPECIAL CONDITIONS OF CONTRACT

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.

7.1 Delivery and installation

SAWS holds the right to indicate the respective locations for installation, once the minimal sized network has
been determined.

Installation will take place in the following area:


North West
Northern Free State
Gauteng
Southern Mpumalanga
Northern KwaZulu Natal

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Provision of Lightning Detection Network System

7.2 After sales service and support


Bidder to provide a warrantee on the system and installation with after sales service and support for a
period of 24 months.

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Annexure I

POPIA : Supplier Notice and Consent Form


Private Bag X097, Pretoria, 0001 • Tel: + 27 (0) 12 367 6000 • www.weathersa.co.za • USSD: *120*7297#

POPIA: SUPPLIER NOTICE AND CONSENT FORM

I confirm that I am duly authorised to sign this consent form.

Name (Print) …………………………….

Capacity …………………………….

Signature …………………………….

Name of Firm …………………………….

Date …………………………….

(Hereinafter referred to as “the “Data Subject “)

A company/organization duly incorporated under the laws of Republic of South Africa, having its
main place of business

at… ........................................................................................................................... , with

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.

The Data Subject hereby gives consent to the following:

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.

2. Legal basis for the processing

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):

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POPIA: SUPPLIER NOTICE AND CONSENT FORM

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

b) Accounting and payment information


• VAT & Income tax numbers
• Tax clearance pin
• Bank details
• Bank account type and number
• Name of the account holder
• Attachment of confirmation documents
• Terms of payment
• Accounting correspondence

c) Supplier classification
• Category
• Vendor portfolio
• Product categories
• Main product category
• Additional product categories
• Vendor category.

d) Declared conflict or potential conflict of interest

e) Information on goods and/or services offered by supplier


• quantity and quality of offered goods and/or services
• other commercial terms of the offer

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

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POPIA: SUPPLIER NOTICE AND CONSENT FORM

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

We may disclose personal information if required:


• by a subpoena or court order;
• to comply with any law;
• to protect the safety of any individual or the public; and
• to prevent violation of our supplier relation terms.

5. Regulators

We may disclose your personal information as required by law or governmental audit.

6. Sharing

We may share your personal information with:


• other divisions or public entities within the South African Government as the South African Weather
Service (SAWS) is a Section 3(a) public entity under the Ministry of Environmental Affairs and is
governed by a Board, so as to provide joint content and services like registration, for transactions
and customer support, to help detect and prevent potentially illegal acts and violations of our
policies, and to guide decisions about our products, services;
• an affiliate, in which case we will seek to require the affiliates to honor this privacy notice;
• our goods or services providers under contract who help provide certain goods or services or
• help with parts of our business operations, including fraud prevention, bill collection, marketing,
• technology services (our contracts dictate that these goods or services providers only use your
• information in connection with the goods or services they supply or services they perform for the
SAWS and not for their own benefit);
• credit bureaus to report account information, as permitted by law;
• banking partners as required by credit card association rules for inclusion on their list of
terminated merchants (in the event that you utilize the services to receive payments and you meet
their criteria); and
• other third parties who provide us with relevant services, where appropriate.

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

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POPIA: SUPPLIER NOTICE AND CONSENT FORM

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.

10. Data Storage

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]

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