Legal Definitions Dictionary

Force majeure 25

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.

Order 25

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

B-BBEE 24

B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

B-BBEE status level of contributor 24

B-BBEE status level of contributor means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad- Based Black Economic Empowerment Act;

bid 24

bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

Broad-Based Black Economic Empowerment Act 24

Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); as amended by Act No. 46 of 2013; (this was added by us)

Closing time 24

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

Contract 24

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

Contract price 24

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

Corrupt practice 24

Corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution.

Countervailing duties 24

Countervailing duties are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally.

Country of origin 24

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

Day 24

Day means calendar day.

Delivery 24

Delivery means delivery in compliance of the conditions of the contract or order.

Delivery ex stock 24

Delivery ex stock means immediate delivery directly from stock actually on hand.

Delivery into consignees store or to his site 24

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.

Dumping 24

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.

EME 24

EME means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

Fraudulent practice 24

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

Functionality 24

Functionality means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.