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DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of company/ firm:…………………………………………………………………….. 8.2 VAT Registration Number………………………………………………………………….. 8.3 Company registration number……………………………………………………………… 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF ~~BIDDERS(S~~BIDDER(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/45-2019 (MN146/2019) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I………………………………………in my capacity as…………………………………………………...….. accept your bid under reference number 8/2/45-2019 (MN146/2019) dated for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation R As per LEVEL N/A 8/2/45-2019 attached MN146-2019 specifications Supply & Delivery of Line trimmers & brush cutters for Piketberg & Velddrif 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ………………………………………. Signature Date ………………………………………. ……………………………………… Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and ~~obligations~~ rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1. Definitions 1. The following terms must be interpreted as ~~set out~~ indicated: 1.1 “Closing time” means the date and hour specified in ~~F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices~~the bidding documents for the receipt of bids. ~~F.1.1.2 The employer~~ 1.2 “Contract” means the written agreement entered into between the purchaser and the ~~tenderer~~ supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all ~~their agents~~ documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and ~~employees involved~~ proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or ~~as soon as they become aware~~ 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 ~~such conflict~~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 goods are so delivered and a valid receipt is obtained. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT 1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and ~~abstain from any decisions where such conflict exists~~ includes collusive practice among bidders (prior to or ~~recuse themselves from~~ after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome bidder of the ~~procurement process~~ benefits of free and ~~any personal bias~~open competition. 1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, ~~inclination~~machinery, ~~obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and~~ and/or other materials that the ~~capacity~~ supplier is required to ~~proceed with~~ supply to the purchaser under the contract. ~~F.1.2~~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 goods 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. THE NATIONAL TREASURY: Republic of South Africa 1.20 “Project site,” where applicable, means the place indicated in bidding documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. 1.26 “Tort” means in breach of contract. 1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing. 2.

Appears in 1 contract

Samples: Kwotasie

Appears in 1 contract

Samples: Contract Form Purchase of Goods/Works

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF ~~BIDDERS(S~~BIDDER(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/42-2019 (MN119/2019) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I………………………………………in my capacity as…………………………………………………...….. accept your bid under reference number 8/2/42-2019 (MN119/2019) dated for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation R As per LEVEL N/A 8/2/42-2019 attached MN119-2019 specifications Review & Update of BM’s risk registers & policies 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ……………………………………… Signature Date ………………………………………. …………………………………….. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and ~~obligations~~ rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1. Definitions 1. The following terms must be interpreted as ~~set out~~ indicated: 1.1 “Closing time” means the date and hour specified in ~~F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices~~the bidding documents for the receipt of bids. ~~F.1.1.2 The employer~~ 1.2 “Contract” means the written agreement entered into between the purchaser and the ~~tenderer~~ supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all ~~their agents~~ documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and ~~employees involved~~ proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or ~~as soon as they become aware~~ 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 ~~such conflict~~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 goods are so delivered and a valid receipt is obtained. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT 1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and ~~abstain from any decisions where such conflict exists~~ includes collusive practice among bidders (prior to or ~~recuse themselves from~~ after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome bidder of the ~~procurement process~~ benefits of free and ~~any personal bias~~open competition. 1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, ~~inclination~~machinery, ~~obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and~~ and/or other materials that the ~~capacity~~ supplier is required to ~~proceed with~~ supply to the purchaser under the contract. ~~F.1.2~~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 goods 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. THE NATIONAL TREASURY: Republic of South Africa 1.20 “Project site,” where applicable, means the place indicated in bidding documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. 1.26 “Tort” means in breach of contract. 1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing. 2.

Appears in 1 contract

Samples: Kwotasie

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of company/ firm:…………………………………………………………………….. 8.2 VAT Registration Number………………………………………………………………….. 8.3 Company registration number……………………………………………………………… 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF BIDDERS(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/59-2019 (MN161/2019) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I XXXXXX XXXXX in my capacity as MUNICIPAL MANAGER accept your bid under reference number 8/2/59-2019 (MN161/2019) dated………………………for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation R As per LEVEL 8/2/59-2019 attached MN161-2019 specifications Supply and Delivery of a Shipping Container for Velddrif 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ……………………… . 2. ……………………… . OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date ………………………………………. ………………………….. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and ~~obligations~~ rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1. Definitions 1. The following terms must be interpreted as ~~set out~~ indicated: 1.1 “Closing time” means the date and hour specified in ~~F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices~~the bidding documents for the receipt of bids. ~~F.1.1.2 The employer~~ 1.2 “Contract” means the written agreement entered into between the purchaser and the ~~tenderer~~ supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all ~~their agents~~ documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and ~~employees involved~~ proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or ~~as soon as they become aware~~ 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 ~~such conflict~~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 goods are so delivered and a valid receipt is obtained. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT 1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and ~~abstain from any decisions where such conflict exists~~ includes collusive practice among bidders (prior to or ~~recuse themselves from~~ after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome bidder of the ~~procurement process~~ benefits of free and ~~any personal bias~~open competition. 1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, ~~inclination~~machinery, ~~obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and~~ and/or other materials that the ~~capacity~~ supplier is required to ~~proceed with~~ supply to the purchaser under the contract. ~~F.1.2~~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 goods 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. THE NATIONAL TREASURY: Republic of South Africa 1.20 “Project site,” where applicable, means the place indicated in bidding documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. 1.26 “Tort” means in breach of contract. 1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing. 2.

Appears in 1 contract

Samples: Government Procurement: General Conditions of Contract

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF ~~BIDDERS(S~~BIDDER(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/51-2019 (MN135/2019) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I………………………………………in my capacity as…………………………………………………...….. accept your bid under reference number 8/2/51-2019 (MN135/2019) dated for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation R As per LEVEL N/A 8/2/51-2019 attached MN135-2019 specifications Rendering of Security Services 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their duties~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and ~~obligations as set out~~ Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in ~~F.2 and F.3~~arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, ~~timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer~~ furnish particulars: 4.5 Was any contract between the bidder and the ~~tenderer and all their agents and employees involved in~~ municipality / municipal entity or any other organ of state terminated during the ~~tender process shall avoid conflicts~~ past five years on account of ~~interest and where a conflict of interest is perceived~~ failure to perform on or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. ~~F.1.2~~I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ……………………………………… Signature Date ………………………………………. …………………………………….. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1.

Appears in 1 contract

Samples: Kwotasie

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………~~………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF ~~BIDDERS(S~~BIDDER(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/49-2020 (MN156/2020) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I………………….……………in my capacity as…….……….……………..accept your bid under reference number 8/2/49-2020 (MN156/2020) dated………………………for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. 4. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation 8/2/49- R As per LEVEL N/A 2020 attached MN156-2020 specifications Clearing of sidewalks in Bergrivier Municipal area 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ……………………………………… Signature Date ………………………………………. ……………………………………… Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and ~~obligations~~ rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1. Definitions 1. The following terms must be interpreted as ~~set out~~ indicated: 1.1 “Closing time” means the date and hour specified in ~~F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices~~the bidding documents for the receipt of bids. ~~F.1.1.2 The employer~~ 1.2 “Contract” means the written agreement entered into between the purchaser and the ~~tenderer~~ supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all ~~their agents~~ documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and ~~employees involved~~ proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or ~~as soon as they become aware~~ 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 ~~such conflict~~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 goods are so delivered and a valid receipt is obtained. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT 1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and ~~abstain from any decisions where such conflict exists~~ includes collusive practice among bidders (prior to or ~~recuse themselves from~~ after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome bidder of the ~~procurement process~~ benefits of free and ~~any personal bias~~open competition. 1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, ~~inclination~~machinery, ~~obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and~~ and/or other materials that the ~~capacity~~ supplier is required to ~~proceed with~~ supply to the purchaser under the contract. ~~F.1.2~~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 goods 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. THE NATIONAL TREASURY: Republic of South Africa 1.20 “Project site,” where applicable, means the place indicated in bidding documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. 1.26 “Tort” means in breach of contract. 1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing. 2.

Appears in 1 contract

Samples: Kwotasie

Appears in 1 contract

Samples: Kwotasie

Appears in 1 contract

Samples: Supply and Delivery of Split Prepaid Electricity Meters

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF ~~BIDDERS(S~~BIDDER(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/81-2019 (MN191/2019) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I XXXXXX XXXXX in my capacity as MUNICIPAL MANAGER accept your bid under reference number 8/2/81-2019 (MN191/2019) dated………………………for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. 4. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DURATION OF COURSE B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation 8/2/81-2019 MN191-2019 Catering Services R LEVEL N/A 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their duties~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and ~~obligations as set out~~ Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in ~~F.2 and F.3~~arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, ~~timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer~~ furnish particulars: 4.5 Was any contract between the bidder and the ~~tenderer and all their agents and employees involved in~~ municipality / municipal entity or any other organ of state terminated during the ~~tender process shall avoid conflicts~~ past five years on account of ~~interest and where a conflict of interest is perceived~~ failure to perform on or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. ~~F.1.2~~I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ……………………………………… Signature Date ………………………………………. ……………………………………… Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1.

Appears in 1 contract

Samples: Kwotasie

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF BIDDERS(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/17-2019 (MN64/2019) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I………………………………………in my capacity as…………………………………………………...….. accept your bid under reference number 8/2/17-2019 (MN64/2019) dated for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DURATION OF COURSE B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation 8/2/17-2019 MN64-2019 Training – Law Enforcement R As per attached specifications Approx 3-5 Days Between 09:00 & 15:00 LEVEL N/A 4. I confirm that I am duly authorized to sign this contract. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their duties~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and ~~obligations as set out~~ Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in ~~F.2 and F.3~~arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, ~~timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer~~ furnish particulars: 4.5 Was any contract between the bidder and the ~~tenderer and all their agents and employees involved in~~ municipality / municipal entity or any other organ of state terminated during the ~~tender process shall avoid conflicts~~ past five years on account of ~~interest and where a conflict of interest is perceived~~ failure to perform on or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. ~~F.1.2~~I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ……………………………………… Signature Date ………………………………………. …………………………………….. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

Appears in 1 contract

Samples: Kwotasie

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-~~BBE~~ BBEE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF BIDDERS(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/53-2020 (MN162/2020) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I…..XXXXXX XXXXX……in my capacity as…MUNICIPAL MANAGER…accept your bid under reference number 8/2/53-2020 (MN162/2020) dated………………………for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation As per LEVEL N/A 8/2/53-2020 attached MN162-2020 specifications Presentation of an Auction for Bergrivier Municipality 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ……………………… . 2. ……………………… . OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their duties~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and ~~obligations as set out~~ Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in ~~F.2 and F.3~~arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, ~~timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer~~ furnish particulars: 4.5 Was any contract between the bidder and the ~~tenderer and all their agents and employees involved in~~ municipality / municipal entity or any other organ of state terminated during the ~~tender process shall avoid conflicts~~ past five years on account of ~~interest and where a conflict of interest is perceived~~ failure to perform on or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. ~~F.1.2~~I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………………….. Signature Date ………………………………………… …………………………………. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

Appears in 1 contract

Samples: Kwotasie

Appears in 1 contract

Samples: Government Procurement: General Conditions of Contract

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… …………………………~~………~~…………………………………………~~…………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF ~~BIDDERS(S~~BIDDER(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/34-2020 (MN116/2020) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I………………………………………in my capacity as……………………………………...….. accept your bid under reference number 8/2/34-2020 (MN116/2020) dated for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation R As per LEVEL N/A 8/2/34-2020 attached MN116-2020 specifications Supply & delivery of lawn mowers 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their duties~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and ~~obligations as set out~~ Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in ~~F.2 and F.3~~arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, ~~timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer~~ furnish particulars: 4.5 Was any contract between the bidder and the ~~tenderer and all their agents and employees involved in~~ municipality / municipal entity or any other organ of state terminated during the ~~tender process shall avoid conflicts~~ past five years on account of ~~interest and where a conflict of interest is perceived~~ failure to perform on or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. ~~F.1.2~~I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ……………………………………… Signature Date ………………………………………. …………………………………….. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

Appears in 1 contract

Samples: Kwotasie

Appears in 1 contract

Samples: Contract Form Purchase of Goods/Works

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number:………………………………………………………………………………... 8.8 Total number of years the company/firm has been in business:…………………………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF ~~BIDDERS(S~~BIDDER(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/31-2020 (MN105/2020) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I Xxxxxx Xxxxx in my capacity as Municipal Manager accept your bid under reference number 8/2/31-2020 (MN105/2020) dated………………………for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) Quotation 8/2/31-2020 MN105-2020 Rendering of Security Services R N/A As per attached specifications LEVEL N/A 4. I confirm that I am duly authorized to sign this contract. 5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver. SIGNED AT ……….PIKETBERG……ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ………………………. 2. ………………………. DATE ………………………. OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their duties~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and ~~obligations as set out~~ Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in ~~F.2 and F.3~~arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, ~~timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer~~ furnish particulars: 4.5 Was any contract between the bidder and the ~~tenderer and all their agents and employees involved in~~ municipality / municipal entity or any other organ of state terminated during the ~~tender process shall avoid conflicts~~ past five years on account of ~~interest and where a conflict of interest is perceived~~ failure to perform on or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. ~~F.1.2~~I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………. ……………………………………… Signature Date ………………………………………. …………………………………….. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

Appears in 1 contract

Samples: Kwotasie

Appears in 1 contract

Samples: Kwotasie

DECLARATION WITH REGARD TO COMPANY/FIRM. 8.1 Name of ~~company/~~ company/firm:……………………………………………………………………….. ……. 8.2 VAT ~~Registration Number~~registration number:………………………………………~~………………………….. 8.3 Company registration number………………………………~~.………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM □ Partnership/Joint Venture / Consortium □ One person business/sole propriety □ Close corporation □ Company □ (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………~~…………~~……………………………………~~………………………… …………~~…….. 8.6 COMPANY CLASSIFICATION □ Manufacturer □ Supplier □ Professional service provider □ Other service providers, e.g. transporter, etc. [Tick applicable box] 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………………………. Registered Account Number: ………………………………………………………………... Stand Number~~:………………………………………………………………………………...~~ : 8.8 Total number of years the company/firm has been in business~~…………………………~~ : 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; (d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) ~~forward~~ Forward the matter for criminal prosecution. ………………………………………. SIGNATURE(S) OF BIDDERS(S) NAME of SIGNATURES:…………………………. DATE: ADDRESS ………………………………….. ………………………………….. ………………………………….. ………………………………….. WITNESSES 1. …………………………………….. 2. ……………………………………. ~~STANDARD CONDITIONS~~ BERGRIVIER MUNICIPALITY CONTRACT FORM - PURCHASE OF GOODS/WORKS MBD 7.1 THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (~~CIDB~~PART 1) ~~F.1~~ AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE. PART 1 (TO BE FILLED IN BY THE BIDDER) 1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid. 2. The following documents shall be deemed to form and be read and construed as part of this agreement: (i) Bidding documents, viz - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Technical Specification(s); - Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; - Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract; (ii) General ~~F.1.1 Actions F.1.1.1~~ Conditions of Contract; and (iii) Other (specify) 3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk. 4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract. 5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid. 6. I confirm that I am duly authorised to sign this contract. WITNESSES 1 …….…………… 2. …………………… DATE: ……………………. NAME (PRINT) …………………………………………. CAPACITY …………………………………………. SIGNATURE …………………………………………. NAME OF FIRM …………………………………………. DATE …………………………………………. BERGRIVIER MUNICIPALITY MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY) 1. I………………………………………in my capacity as…………………………………………………...….. accept your bid under reference number ………………dated………………………for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). 2. An official order indicating delivery instructions is forthcoming. 3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. ITEM NO. PRICE (ALL APPLICABLE TAXES INCLUDED) BRAND DELIVERY PERIOD B-BBEE STATUS LEVEL OF CONTRIBUTION MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable) 4. I confirm that I am duly authorized to sign this contract. SIGNED AT ………………………………………ON……………………………….. NAME (PRINT) ……………………………………. SIGNATURE ……………………………………. WITNESSES 1. ……………………… . 2. ……………………… . OFFICIAL STAMP BERGRIVIER MUNICIPALITY MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The ~~employer and each tenderer submitting a tender offer shall~~ bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with ~~these conditions~~ any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of ~~tender~~section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In ~~their dealings~~ order to give effect to the above, the following questionnaire must be completed and submitted with ~~each other~~the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes No 4.1.1 If so, ~~they shall discharge their duties~~ furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and ~~obligations as set out~~ Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). Yes No 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No 4.3.1 If so, furnish particulars: Item Question Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in ~~F.2 and F.3~~arrears for more than three months? (attached copy of payment arrangements of arrears account) Yes No 4.4.1 If so, ~~timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices. F.1.1.2 The employer~~ furnish particulars: 4.5 Was any contract between the bidder and the ~~tenderer and all their agents and employees involved in~~ municipality / municipal entity or any other organ of state terminated during the ~~tender process shall avoid conflicts~~ past five years on account of ~~interest and where a conflict of interest is perceived~~ failure to perform on or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. Note 1) A conflict of interest may arise due to a conflict of roles, which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result. 2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty, which would in any way, affect any decisions taken. F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed comply with the contract? Yes No 4.7.1 If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT. ~~F.1.2~~I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date ………………………………………. ………………………….. Position Name of Bidder THE NATIONAL TREASURY Republic of South Africa GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT JULY 2010 THE NATIONAL TREASURY: Republic of South Africa 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 analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 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. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restrictive practices GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1.

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Samples: Kwotasie

Common use of DECLARATION WITH REGARD TO COMPANY/FIRM Clause in Contracts

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