Didm 197/02/2015

INVITATION TO BID

YOU ARE HEREBY INVITED TO QOUTE FOR REQUIREMENTS OF THE

GAUTENG DEPARTMENT OF INFRASTRUCTURE DEVELOPMENT
BID NUMBER:

DIDM 197/02/2015

INSTITUTION:

ALL INSTITUTIONS

DESCRIPTION:

CLOSING TIME: 11:00

FIRE FIGHTING EQUIPMENT AND SPRINKLER MAINTENANCE

CONTRACT

The successful bidder will be required to fill in and sign a written Contract Form (SBD 7).
BID DOCUMENTS MUST BE SUBMITTED TO: THE DEPARTMENT OF INFRASTRUCTURE DEVELOPMENT
REGIONS AS PER ADVERT, TENDER BOX.
BIDDERS SHOULD ENSURE THAT BIDS ARE DELIVERED TIMEOUSLY TO THE CORRECT ADDRESS. IF
THE BID IS LATE, IT WILL NOT BE ACCEPTED FOR CONSIDERATION.
BID MUST BE SUBMITTED ONLY ON THE CLOSING DATE STIPULATED ON THE ADVERT.
ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS (NOT TO BE RE-TYPED)
THE FOLLOWING PARTICULARS MUST BE FURNISHED
(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)
NAME OF BIDDER

POSTAL ADDRESS

.................................

STREET ADDRESS

.....................

TELEPHONE NUMBER

CODENUMBER.

CELLPHONE NUMBER

...........................

FACSIMILE NUMBER

CODE .NUMBER..................

VAT REGISTRATION NUMBER

HAS A TAX CLEARANCE CERTIFICATE BEEN SUBMITTED (SBD 2)?

ARE YOU THE ACCREDITED REPRESENTATIVE
IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY YOU?

YES/NO
YES/NO
(IF YES ENCLOSE PROOF)

SIGNATURE OF BIDDER

DATE

CAPACITY UNDER WHICH THIS BID IS SIGNED

SBD 1

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INDEX
1. SERVICE LEVEL AGREEMENT
2. TECHNICAL SPECIFICATION
3. MANDATORY EMPLOYMENT
CREATION
4. SBD FORMS
5. ANNEXURE 1

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SERVICE
LEVEL
AGREEMENT

FRAMEWORKS SERVICE LEVEL AGREEMENT

Didm 197/02/2015

between

GAUTENG PROVINCE DEPARTMENT OF INFRASTRUCTURE

DEVELOPMENT

and

[]

___________________________________________________________________
(The Service Provider)

Didm 197/02/2015
TABLE OF CONTENTS
1

INTERPRETATION....................................................................................................... 5

INTRODUCTION........................................................................................................... 8

SERVICES TO BE RENDERED...................................................................................8

TECHNICAL SPECIFICATIONS OF SERVICES TO BE RENDERED.........................9

DURATION.................................................................................................................. 11

GENERAL CONDITIONS OF CONTRACT.................................................................11

REMUNERATION FOR THE SERIVICES...................................................................11

THE DID OBLIGATIONS............................................................................................ 12

THE SERVICE PROVIDERS OBLIGATIONS............................................................13

10

RESPONSE AND REPAIR TIMES..............................................................................14

11

REPLACEMENT OF ASSETS....................................................................................14

12

INDEMNITY................................................................................................................. 14

13

GENERAL WARRANTIES.......................................................................................... 14

14

FORCE MAJEURE..................................................................................................... 15

15

PUBLICITY................................................................................................................. 16

16

SUPPORT................................................................................................................... 16

17

BREACH AND TERMINATION...................................................................................16

18

MEDIATION AND DISPUTE RESOLUTION...............................................................17

19

NOTICES AND DOMICILIA........................................................................................18

20

BENEFIT OF THE AGREEMENT...............................................................................19

21

APPLICABLE LAW AND JURISDICTION..................................................................19

22

GENERAL................................................................................................................... 20

23

SIGNATURE............................................................................................................... 21

Didm 197/02/2015
WHEREBY THE PARTIES AGREE AS FOLLOWS
1
1

INTERPRETATION
In this Agreement -

clause headings are for convenience only and are not to be used in its interpretation;

an expression which denotes -

any gender includes the other genders;

a natural person includes a juristic person and vice versa; and

the singular includes the plural and vice versa.

In this Agreement, unless the context indicates a contrary intention, the following words and
expressions bear the meanings assigned to them and cognate expressions bear corresponding
meanings

"AFSA" means the Arbitration Foundation of Southern Africa;

"Agreement" means this Frameworks Service Level Agreement;

Asset(s) means, but is not limited to any of the lifts, generators, laundry equipment, kitchen
equipment, Air conditioning units, boilers, refrigerators, CCTV units, P.A networks and intercom
systems, buildings, plumbing, Medical Air, Gas and Vacuum plant, fire fighting equipment, stem
and condensate reticulation and various mechanical equipment that are installed in any of the
buildings that are under the jurisdiction of the DID;

DID means the Gauteng Province Department of Infrastructure Development herein represented
by [] duly authorised thereto;

"Effective Date" means the date on which the letter of appointment was forwarded to The Service
Provider;

"Parties" means the parties to this Agreement and Party will refer to either one of them as the
circumstances will deem necessary;

"Service Provider" means [] a private company with registration number [] duly incorporated in

Didm 197/02/2015
the Republic of South Africa and herein represented by [] duly authorised thereto;
8
3

"Signature Date" means the date of signature of this Agreement by the Party last signing.
Any substantive provision, conferring rights or imposing obligations on a Party and appearing in any
of the definitions in this clause 1 or elsewhere in this Agreement, shall be given effect to as if it were a
substantive provision in the body of the Agreement.

Words and expressions defined in any clause shall, unless the application of any such word or
expression is specifically limited to that clause, bear the meaning assigned to such word or
expression throughout this Agreement.

Subject to clauses 7 and 16, defined terms appearing in this Agreement in title case shall be given
their meaning as defined, while the same terms appearing in lower case shall be interpreted in
accordance with their plain English meaning.

A reference to any statutory enactment shall be construed as a reference to that enactment as at the
Signature Date and as amended or substituted from time to time.

Reference to "days" shall be construed as calendar days unless qualified by the word "business", in
which instance a "business day" will be any day other than a Saturday, Sunday or public holiday as
gazetted by the government of the Republic of South Africa from time to time. Any reference to
"business hours" shall be construed as being the hours between 08h30 and 17h00 on any business
day. Any reference to time shall be based upon South African Standard Time.

Unless specifically otherwise provided, any number of days prescribed shall be determined by
excluding the first and including the last day or, where the last day falls on a day that is not a
business day, the next succeeding business day.

Where figures are referred to in numerals and in words, and there is any conflict between the two, the
words shall prevail, unless the context indicates a contrary intention.

10

No provision herein shall be construed against or interpreted to the disadvantage of a Party by

reason of such Party having or being deemed to have structured, drafted or introduced such
provision.

11

The expiration or termination of this Agreement shall not affect such of the provisions of this
Agreement as expressly provided that they will operate after any such expiration or termination or

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which of necessity must continue to have effect after such expiration or termination, notwithstanding
that the clauses themselves do not expressly provide for this.
12

The use of any expression in this Agreement covering a process available under South African law,
such as winding-up, shall, if either of the Parties to this Agreement is subject to the law of any other
jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such
other jurisdiction.

13

The words "include" and "including" mean "include without limitation" and "including without
limitation".

The use of the words "include" and "including" followed by a specific example or

examples shall not be construed as limiting the meaning of the general wording preceding it.
14

Whenever any person is required to act "as an expert and not as an arbitrator" in terms of this
Agreement, then

the determination of the expert shall (in the absence of manifest error) be final and binding;

subject to any express provision to the contrary, the expert shall determine the liability for his or its
charges, which shall be paid accordingly;

the expert shall be entitled to determine such methods and processes as he or it may, in his or its
sole discretion, deem appropriate in the circumstances provided that the expert may not adopt any
process which is manifestly biased, unfair or unreasonable;

the expert shall consult with the relevant Parties (provided that the extent of the expert's
consultation shall be in his or its sole discretion) prior to rendering a determination; and

having regard to the sensitivity of any confidential information, the expert shall be entitled to take
advice from any person considered by him or it to have expert knowledge with reference to the
matter in question.

15

Any reference in this Agreement to "this Agreement" or any other agreement or document shall be
construed as a reference to this Agreement or, as the case may be, such other agreement or
document, as amended, varied, novated or supplemented from time to time.

16

This Agreement incorporates the annexes which annexes shall have the same force and effect as if
set out in the body of this Agreement.

In this Agreement the words "clause" or "clauses" and

"annexe" or "annexes" refer to clauses of and annexes to this Agreement.

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2
1

INTRODUCTION
To fulfil its mandate, the DID has embarked on the implementation of the Maintenance Turn-around
Strategy. The main aim of the strategy is to position the maintenance branch to be able to achieve the
following:

Attend to minor breakdowns within a period of 24 (twenty four) hours,

Attend to major breakdowns that require the appointment of an external service provider
within a period of 7 (seven) days, and

Attend to major refurbishments or replacements in a period not exceeding 365 (three hundred
and sixty five) days.

The successful implementation of the strategy is highly dependent on commissioning of effective

service level agreements that will enable DID to mobilise contractors within a short space of time to
attend to breakdowns in the Gauteng province.

The Parties wish to record in writing their agreement in respect of the above and matters ancillary
thereto.

SERVICES TO BE RENDERED

The DID has appointed the Service Provider to provide the services as required by the DID.

The appointment of the Service Provider is not on an exclusive basis and the Service Provider
acknowledges that they will be given work on a rotational basis and at the discretion of the DID.

The purpose of the appointment of the Service Provider is to provide servicing, maintenance repairs
and a 24 (twenty four) hour 7 (seven) days a week standby duty as specified. These services will be
for an all comprehensive maintenance agreement and these services will be provided at the list of
Institutions attached hereto as Annexure A.

4
1

For the avoidance of doubt, the scope of the necessary work to be conducted is as follows;
the Service Provider shall carry out by-monthly service calls annually on any Asset that requires
service and the Asset will be maintained in a good condition through minor services;

an unconditional guarantee period of 90 (ninety) days after a service shall be enforced and no

Didm 197/02/2015
charge for calls shall be levied during the period provided the call is a direct result of a fault
occurring on the unit serviced;
3

the Service Providers servicing shall include testing, adjusting and rectifying of faults, as well as
the cleaning;

all servicing and repairs on the equipment as well as scheduled preparation of Assets for
inspections shall be carried out in such a manner to ensure that the requirements of the
Occupational Health and Safety Act (Act 85 of 1993) and any amendments to it is adhered to;

attend monthly meetings with the DID;

submit quarterly written reports to the DID;

in the event of unforeseen breakdowns or power outages the Service Provider shall be responsible
to attend to the relevant break down and reinstate power. Detailed report on such account should
be submitted;

the response time in case of emergencies is within an hour of the call being logged/received by the
Service Provider, they must be on site to attend to the emergency.

The services will be provided

with reasonable diligence and skill in accordance with recognised industry standards;

in a responsible and professional manner without prejudicing or harming the interests or property
of the DID;

in compliance with all relevant laws and regulations;

by competent persons having access to the necessary resources, skills, know-how and expertise
to render the services set out in 4 above and otherwise in accordance with the provisions of this
Agreement; and

5
4
1

with all reasonable care.

TECHNICAL SPECIFICATIONS OF SERVICES TO BE RENDERED
The provision of the services to be rendered will be done in accordance with the technical
specifications. For ease of reference these technical specifications are attached hereto as annexure

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C.
2

Every service, repair or test conducted by the Service Provider will be fully described on a work sheet
which must be completed on site and signed by the authorised DID representative. These work
sheets should contain the following information;

the Service Provider name and address;

a work sheet serial number;

the building name;

the system number and system description;

the call-out number (if applicable);

the nature of the call, (urgent or normal call-out);

a general description of the problem or purpose of the work done;

a statement whether the individual system is in terms of the specification operational or not;

should the system not be operational, the response time and repair time shall be recorded
individually;

10

the Identity number, machine/equipment description of the repairs/replacements carried out on

each machine/equipment item on that specific system;

11

a list of material used for each machine/component;

12

a detailed report on the extent of the work done together with the estimated cost involved;

13

suggestions to avoid future problems;

14

a list of the Service Providers personnel responsible for the work with the date, starting time,
completion time and distance travelled;

15

signature and name of the responsible technician/artisan/engineer; and

16

signature of the DID representative.

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5

DURATION

The duration of this agreement will be for a period of 36 (thirty six) months.

Notwithstanding clause 1 above, depending on the internal management process of the DID, the
duration may be varied at the discretion of the DID. This variation of time will be communicated to the
Service Provider in writing.

6
1

GENERAL CONDITIONS OF CONTRACT

To the extent that it applies to this Agreement, the Parties hereby agree that the Government
Procurement: General Conditions of Contract published in July 2010 will form part of this Service
Level Agreement.

The General Conditions of Contract are attached hereto as annexure B.

If there is any conflict between the provisions of this Agreement and the provisions outlined in the
General Conditions of Contract, the provisions of this Agreement will prevail.

7
1

REMUNERATION FOR THE SERVICES

Notwithstanding the terms of tender submitted by the Service Provider, the payment for services
rendered shall be as per the terms and conditions agreed to during the negotiations between DID and
the contractor and attached in annexure D of this agreement.

The Service Provider will be entitled to render interim invoices at certain agreed milestones
throughout the duration of this Agreement and in the course of the delivery of certain services.

Where materials or spare parts have not been included in the schedule of rates, the contractor shall
present quotations and seek approval from the responsible DID official. The contractor shall present
all invoices to the DID official and the contractor will only be allowed a profit margin not exceeding
15% above the purchase price as it appears in the submitted invoices.

Where services rendered are of a lump-sum nature, fees shall be based on quotations submitted to
the DID by the Service Provider.

Amounts due shall be paid by DID within 30 (thirty) business days of receipt and acceptance by the
DID of the relevant invoices, which invoices would have been approved and certified.

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6

If any item or part of an item in an approved and certified invoice submitted by the Service Provider is
disputed by the DID, the latter shall, before the due date of payment, give notice thereof with reasons
to the Service Provider,

In respect of the services charged for on a time basis and all other reimbursable expenses the
Service Provider shall maintain records in support of such charges and expenses for a period of 6
(six) months after the completion or termination of the Agreement. Within this period the DID may on
not less than 14 (fourteen) business days notice, require that a reputable and independent firm of
accountants, nominated by the DID at its expense, audit any claims made by the Service Provider for
time charges and expenses by attending during normal working hours at the office where the records
are maintained.

8
1

THE DID OBLIGATIONS

The DID shall provide to the Service Provider, free of cost, all available information and data which
may be required for the performance of the services.

Shall provide the Service Provider with any assistance required in obtaining other relevant information
that the latter may require in order to perform the services.

The Service Provider shall be entitled to rely on the accuracy and completeness of all information
furnished by or on behalf of the DID.

Shall within a reasonable time, give its decision on any matter properly referred to the DID in writing
by the Service Provider so as not to delay the performance of services.

Shall cooperate with the Service Provider and shall not interfere with or obstruct the proper
performance of the services. The DID shall as soon as is practicable;

provide all relevant data, information, reports, correspondence and the like, which become
available;

designate in writing a person to act with complete authority in giving instructions and receiving
communications on behalf of the DID and interpreting and defining the DID policies and
requirements with regard to the services.

On becoming aware of any matter which will materially change, or has changed, the scope, cost or
timing of the services, or on becoming aware of any defect or deficiency in the services, the DID shall

Didm 197/02/2015
immediately advise the Service Provider thereof.
7

The DID shall pay the Service Providers its fees and reimbursable expenses as provided for in this
Agreement.

The DID shall maintain a database that tracks the suppliers performance on individuals parcels of
work with respect to response time, duration of service, quality of materials used and quality of
workmanship.

9
1

THE SERVICE PROVIDERS OBLIGATIONS

The Service Provider shall provide the services in line with the requirements as outlined in Annexure
C and Annexure D

The Service Provider shall perform the services in accordance with the scope of service as outlined in
clause 3 above with all reasonable care, diligence, skill, efficiency and economy, in accordance with
generally accepted professional techniques and standards, and shall observe sound management
practices.

The Service Provider shall respond within the agreed times when called upon by DID to provide
certain required services.

It is noted that [] (the Programme Manager) is the authorised representative and he will have
complete authority to receive instructions from and give information to the DID on behalf of the
Service Provider.

The Service Provider shall, at their own cost, take out and maintain in force such insurance policies in
respect of their own risks in performing the services as stipulated in clause 3 above.

The Service Provider shall, at the request of the DID provide evidence showing that the insurance
required has been taken out and maintained in force.

On becoming aware of any matter which will materially change or has changed the scope, cost or
timing of the services to be rendered, the Service Provider shall give notice thereof to the DID, save
that the Service Provider is empowered to make minor changes or variations within the overall
programme of the budget and within such parameters as are defined by the DID, provided that such
changes are reported timeously to the DID.

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8
10
1

Provide regular progress and other reports as required by the DID.

RESPONSE AND REPAIR TIMES
The DID require the Service Provider to respond and repair any of the Assets as detailed in the table
below;

2
11
1

Type of Call

Response Time

Emergency

Within 30 (thirty) minutes

Normal

Within 1 (one) hour

In respect to both types of calls, emergency and normal, the repair time is 48 (forty eight) hours.
REPLACEMENT OF ASSETS
In the event that the DID replace any of the Assets that form part of this Agreement, it is
agreed as follows;

The replaced Assets will not be deemed to form part of this Agreement and will no longer be
serviced or maintained by the Service Provider.

The Service Provider acknowledges that the replaced Assets will be under warranty/guarantee and
as such will not require continued service and maintenance.

Notwithstanding clause 1 above, the DID has the sole discretion to specifically request the Service
Provider to continue providing service and maintenance for any replaced Assets.

12
1

INDEMNITY
The Service Provider hereby indemnify the DID against all claims by third parties which arise out of or
in connection with the performance of the services to be rendered as outlined in clause 3 above.

The Service Provider also undertakes to ensure that every individual they use for the provision of the
services is a duly authorised individual with the necessary professional body.

In the event that the Service Provider make use of an individual who is not registered, the Service
Provider hereby indemnify the DID from any claims against the DID by any third parties.

13
1

GENERAL WARRANTIES
Each of the Parties hereby warrants to and in favour of the other that

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1

it has the legal capacity and has taken all necessary corporate action required to empower and
authorise it to enter into this Agreement;

this Agreement constitutes an agreement valid and binding on it and enforceable against it in
accordance with its terms;

the execution of this Agreement and the performance of its obligations hereunder does not and
shall not

contravene any law or regulation to which that Party is subject;

contravene any provision of that Party's constitutional documents; or

conflict with, or constitute a breach of any of the provisions of any other agreement, obligation,
restriction or undertaking which is binding on it.

2
1

Each of the representations and warranties given by the Parties in terms of clause 1, shall
be a separate warranty and will in no way be limited or restricted by inference from the terms of
any other warranty or by any other words in this Agreement;

continue and remain in force notwithstanding the completion of any or all the transactions
contemplated in this Agreement; and

prime facie be deemed to be material and to be a material representation inducing the other Party
to enter into this Agreement.

14

FORCE MAJEURE

The DID shall not be liable for any damage or penalties as a result of any Force Majeure.

For the avoidance of doubt, Force Majeure refers to any exceptional event or circumstances;

which is beyond the control of the DID;

which the DID could not reasonably have provided against at the time of entering into this
Agreement; and

which having arisen, the DID could not reasonably have avoided or overcome.

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15
1

PUBLICITY
Subject to clause 3, each Party undertakes to keep confidential and not to disclose to any third party,
save as may be required in law or permitted in terms of this Agreement, the nature, content or
existence of this Agreement and any and all information given by a Party to the other Party pursuant
to this Agreement.

No announcements of any nature whatsoever will be made by or on behalf of a Party relating to this
Agreement without the prior written consent of the other Party, save for any announcement or other
statement required to be made in terms of the provisions of any law, in which event the Party obliged
to make such statement will first consult with the other Party in order to enable the Parties in good
faith to attempt to agree the content of such announcement, which (unless agreed) must go no further
than is required in terms of such law or rules. This will not apply to a Party wishing to respond to the
other Party which has made an announcement of some nature in breach of this clause.

This clause 14 shall not apply to any disclosure made by a Party to its professional advisors or
consultants, provided that they have agreed to the same confidentiality undertakings, or to any
judicial or arbitral tribunal or officer, in connection with any matter relating to this Agreement or arising
out of it.

16

SUPPORT
The Parties undertake at all times to do all such things, perform all such actions and take all such steps
and to procure the doing of all such things, the performance of all such actions and the taking of all such
steps as may be open to them and necessary for or incidental to the putting into effect or maintenance of
the terms, conditions and/or import of this Agreement.

17
1

BREACH AND TERMINATION

If a Party ("Defaulting Party") commits any breach of this Agreement and fails to remedy such
breach within 5 (five) business days ("Notice Period") of written notice requiring the breach to
be remedied, then the Party giving the notice ("Aggrieved Party") will be entitled, at its option

to claim immediate specific performance of any of the Defaulting Party's obligations under this
Agreement, with or without claiming damages, whether or not such obligation has fallen due for
performance and to require the Defaulting Party to provide security to the satisfaction of the
Aggrieved Party for the Defaulting Party's obligations; or

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2

to cancel this Agreement, with or without claiming damages, in which case written notice of the
cancellation shall be given to the Defaulting Party, and the cancellation shall take effect on the
giving of the notice. Neither Party shall be entitled to cancel this Agreement unless the breach is a
material breach. A breach will be deemed to be a material breach if -

it is capable of being remedied, but is not so remedied within the Notice Period; or

it is incapable of being remedied or is not remedied within the Notice Period, and payment in
money will compensate for such breach but such payment is not made within the Notice Period.

The Aggrieved Party's remedies in terms of this clause 17 are without prejudice to any other remedies
to which the Aggrieved Party may be entitled in law.

3
18
1

The DID reserve the right to cancel this agreement at their discretion.
MEDIATION AND DISPUTE RESOLUTION
Any dispute or claim which cannot be settled between the Parties may be referred by the Parties,
without legal representation, to mediation by a single mediator. The mediator shall be selected by
agreement between the Parties (within a period of 7 (seven) business days of a dispute being
declared) or, failing such agreement, the matter shall be referred for arbitration as detailed out below.
The costs of the mediation shall be borne equally between the Parties.

In the event of the mediation highlighted above failing, the dispute or difference shall on written
demand by either Party be submitted to arbitration in Johannesburg in accordance with the AFSA
rules, which arbitration shall be administered by AFSA.

Should AFSA, as an institution, not be operating at that time or not be accepting requests for
arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules
for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement
between the parties to the dispute or failing agreement within 10 (ten) business days of the demand
for arbitration, then any party to the dispute shall be entitled to forthwith call upon the chairperson of
the Johannesburg Bar Council to nominate the arbitrator, provided that the person so nominated shall
be an advocate of not less than 10 (ten) years standing as such. The person so nominated shall be
the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the parties to
the dispute failing to agree on any matter relating to the administration of the arbitration, such matter
shall be referred to and decided by the arbitrator whose decision shall be final and binding on the

Didm 197/02/2015
parties to the dispute.
4

Any party to the arbitration may appeal the decision of the arbitrator or arbitrators in terms of the
AFSA rules for commercial arbitration.

Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from
applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.

Any arbitration in terms of this clause 18 (including any appeal proceedings) shall be conducted in
camera and the Parties shall treat as confidential details of the dispute submitted to arbitration, the
conduct of the arbitration proceedings and the outcome of the arbitration.

This clause 18 will continue to be binding on the Parties notwithstanding any termination or
cancellation of the Agreement.

The Parties agree that the written demand by a party to the dispute in terms of clause 1 that the
dispute or difference be submitted to arbitration, is to be deemed to be a legal process for the
purpose of interrupting extinctive prescription in terms of the Prescription Act, 1969.

19
1

NOTICES AND DOMICILIA

The Parties select as their respective domicilia citandi et executandi the following physical addresses,
and for the purposes of giving or sending any notice provided for or required under this Agreement,
the said physical addresses as well as the following telefax numbers -

Name
DID

Physical Address
The Corner House
Cnr. Sauer & Commissioner
Street
Marshaltown
Johannesburg

Telefax
[]

Marked for the attention of: []

Name
[]

Physical Address
[]
[]
[]

Telefax
[]
`

Marked for the attention of: []

provided that a Party may change its domicilium or its address for the purposes of notices to any
other physical address or telefax number by written notice to the other Party to that effect. Such

Didm 197/02/2015
change of address will be effective 5 (five) business days after receipt of the notice of the change.
2

All notices to be given in terms of this Agreement will be given in writing, in English, and will -

be delivered by hand or sent by telefax;

if delivered by hand during business hours, be presumed to have been received on the date of
delivery. Any notice delivered after business hours or on a day which is not a business day will be
presumed to have been received on the following business day; and

if sent by telefax during business hours, be presumed to have been received on the date of
successful transmission of the telefax. Any telefax sent after business hours or on a day which is
not a business day will be presumed to have been received on the following business day.

Notwithstanding the above, any notice given in writing in English, and actually received by the Party
to whom the notice is addressed, will be deemed to have been properly given and received,
notwithstanding that such notice has not been given in accordance with this clause.

The Parties record that whilst they may correspond via email during the currency of this Agreement
for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of
or variation to this Agreement may be given or concluded via email.

20

BENEFIT OF THE AGREEMENT

This Agreement will also be for the benefit of and be binding upon the successors in title and permitted
assigns of the Parties or either of them.

21
1

APPLICABLE LAW AND JURISDICTION

This Agreement will in all respects be governed by and construed under the laws of the Republic of
South Africa.

Subject to clause 18, the Parties hereby consent and submit to the non-exclusive jurisdiction of the
South Gauteng High Court (Johannesburg) of the Republic of South Africa in any dispute arising from
or in connection with this Agreement. The Parties agree that any costs awarded will be recoverable
on an attorney-and-own-client scale unless the Court specifically determines that such scale shall not
apply, in which event the costs will be recoverable in accordance with the High Court tariff,
determined on an attorney-and-client scale.

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22
1

GENERAL
This Agreement constitutes the whole of the agreement between the Parties relating to the matters
dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation,
term or condition relating to the subject matter of this Agreement not incorporated in this Agreement
shall be binding on either of the Parties.

No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this
Agreement will be of any force or effect unless in writing and signed by the Parties.

No waiver of any of the terms and conditions of this Agreement will be binding or effectual for any
purpose unless in writing and signed by the Party giving the same. Any such waiver will be effective
only in the specific instance and for the purpose given. Failure or delay on the part of either Party in
exercising any right, power or privilege hereunder will not constitute or be deemed to be a waiver
thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or
further exercise thereof or the exercise of any other right, power or privilege.

All provisions and the various clauses of this Agreement are, notwithstanding the manner in which
they have been grouped together or linked grammatically, severable from each other. Any provision
or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to
voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction
only and only to the extent that it is so unenforceable, be treated as pro non scripto and the
remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties
declare that it is their intention that this Agreement would be executed without such unenforceable
provision if they were aware of such unenforceability at the time of execution hereof.

Neither this Agreement nor any part, share or interest herein nor any rights or obligations hereunder
may be ceded, delegated or assigned by either Party without the prior written consent of the other
Party, save as otherwise provided herein.

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all
of which together shall constitute one and the same Agreement as at the date of signature of the
Party last signing one of the counterparts.

Didm 197/02/2015
23

SIGNATURE
Signed on behalf of the Parties, each signatory hereto warranting that he/she has due authority to do so.

SIGNED at _________________________ on _________________________ 2014

For and on behalf of
THE GAUTENG PROVINCE DEPARTMENT OF
INFRASTRUCTURE DEVELOPMENT

Signature
Name of Signatory
Designation of Signatory

SIGNED at _________________________ on _________________________ 2014

For and on behalf of
THE SERVICE PROVIDER (PTY) LTD

Signature
Name of Signatory
Designation of Signatory

Didm 197/02/2015

TECHNICAL
SPECIFICATION

Didm 197/02/2015

Specification
For the
STATUTORY SERVICE ON FIRE FIGHTING EQUIPMENT
AND SPRINKLER SYSTEMS
At
SEDIBENG DISTRICT, TSHWANE DISTRICT,
JOHANNESBURG DISTRICT, WEST RAND DISTRICT AND
EKURHULENI DISTRICT
FOR THE
Department of Infrastructure Development
Tel no. 076 942 2096
Contract Period: 36 months
Tenderer Name:
Contact Number:
Fax Number:

Didm 197/02/2015

PART 1
List of Institutions

Didm 197/02/2015

See attached annexure 1

PART 2
SCOPE OF CONTRACT
1

SCOPE OF CONTRACT

1.

All maintenance, servicing and repairs shall be in accordance to the various SABS Specifications. Tenderers
must allow for the servicing of all equipment, although there is faulty, redundant or vandalized equipment on site.
The Department of Infrastructure Development reserves the right for any additions or omissions, during the
duration of the contract, the scope of work, description and/or quantities as given, without alteration to any tariffs.
Such additions or omissions will be identified in writing to the successful tenderer.
Should the Tenderer be uncertain about the scope of any work to be executed under this contract, the
Department of Infrastructure Development shall be immediately requested to clarify any instruction or scope,
which is not clear?
The Tenderer must undertake maintenance and adjustment, etc. In such a manner as to cause the least
inconvenience to the Institution & staff. Permission to work in any sectional area must be obtained from the
controlling officer.
Repairs must be carried out promptly and should any delay occur the Department of Infrastructure Development
representative must be immediately advised of the reasons and possible duration.
N.B:
Under no circumstances shall assistants be allowed to execute maintenance servicing and repairs, etc.,
or do any work without proper supervision of fully qualified staff.
Equipment consists of various fire cylinder type extinguishers, fire hose reel assemblies, fire hydrants, sprinkler
systems, fire buckets, PVC hoses and symbolic signs.

MATERIAL OF EQUAL QUALITY

All replacement equipment, parts and spares shall comply fully with all the specifications of the original
equipment and parts.
Any other equipment, parts, spares and materials, which are used, shall conform to SABS Specifications and
shall, where possible, carry the SABS mark of approval.
The Tenderer shall obtain, and cede to the Department of Infrastructure Development, any suppliers or factory
guarantees of repaired or replaced components or equipment and shall ensure that such guarantees are not
jeopardized in any way. The guarantee cards for replaced components and equipment shall also be attached to
service sheets or registers.
The Tenderer undertakes to maintain in good working order the complete system as specified and quoted for to
the satisfaction of the Department of Infrastructure Development.
All worn and damaged replacement parts and equipment become the property of the Department of Infrastructure
Development and must be handed over to the foreman on site.
The successful tenderer (hereafter referred to as the Contractor) will be required to supply the services of suitably
and properly qualified technical staff, to undertake the preventative maintenance, servicing and repairs of all fire
fighting equipment and installations. The name(s) of such staff and qualifications must be provided, and a copy of
the tenderers SABS permit to be handed over to the Department of Infrastructure Developments representative
before the
handing over of site. The Tenderer will on the request of the Department of Infrastructure Developments
representative produce the valid papers of the artisans.
It must be noted that no instructions from any personnel other than the Department of Infrastructure Development
senior representative shall be carried out. All instructions will be in writing by means of a works order (GW 84) or

Didm 197/02/2015
an inspection report (TW109).
As the site(s) are in use, all repairs will be carried out punctually, with great care and minimal inconvenience.
3

LUBRICATION AND CLEANING MATERIAL:

All lubrication and cleaning material will form part of this contract and shall be supplied by the Tenderer.
The Department of Infrastructure Developments personnel will carry out visual inspections as stipulated in
Appendix E of SABS 1475.

TOOLS AND WORKMANSHIP

The Tenderer must provide all the tools required for the proper execution of the work at his own expense. He will
be responsible for all tools and equipment, which is required by the Inspector of Machinery when inspections
have to be carried out.

EQUIPMENT FOR THE EXECUTION OF WORK

a

The tenderer must make provision for all equipment required for the execution of this service, as
government owned equipment may not be borrowed or used.

SECTOR
The tenderer will have to make his own arrangement regarding the security of his equipment. The
Department of Infrastructure Development or his legal representatives indemnify themselves from any
claims or responsibilities arising from loss of any equipment whatsoever.

SAFETY
It is the responsibility of the tenderer to see that all work and working conditions for this contract is done, and is
maintained in accordance with all relative safety regulations as accepted and laid down by the Department of
Manpower, such as the Occupational Health Safety Act (Act 85 of 1993) and any of its regulations that are or
may come into force during the duration of this contract.

REDUNDANT MATERIALS AND EQUIPMENT

All redundant material(s) and equipment will remain the property of the government unless otherwise stated, and
must be handed over to the Department of Infrastructure Development Representative on site. Where equipment
is hazardous, it must be disposed of by the contractor and all relevant documentation must be submitted to the
Department.

MAJOR SERVICE:

During the first service, which must be a major service on all equipment, the scope will be determined during a site inspection
carried out by the contractor and a Representative of Department of Infrastructure Development. During this inspection all major
spares components that needs to be replaced to bring each site to a 100% serviceable condition will be identified i.e. complete
fire hydrant valves, complete hose reels etc., After approval these identified components must be replaced and will be paid as
either listed material or the % mark-up on cost to the contractor.

MONTHLY INSPECTION
A monthly inspection shall be carried out on all sites. The contractor shall do an inspection as set out in the
technical specifications.

10 GENERAL

Tendered prices must be inclusive of all minor and major spares which will
be required in order for the particular apparatus to function 100% and all work to
comply with Act 103 of 1997 and (SABS Global Conformity Services PTY LTD 0400 1990) and (SABS

ALL TRAVELLING AND LABOUR MUST BE

INCLUSIVE IN ALL PRICES FOR MAJOR AND MONTHLY INSPECTIONS. . The
Global Conformity Service PTY LTD 1475).

company must be registered with (SABS Global Conformity Services PTY LTD) and all technicians undertaking
work must be registered with SAQCC.

Didm 197/02/2015

NOTE: ALL WORK IN THIS CONTRACT SHALL BE DONE ACCORDING TO THE STANDARD QUALITY
SPECIFICATION FOR FIRE PREVENTION, MARCH 2006 OF THE DEPARTMENT. A COPY SHALL BE MADE
AVAILABLE TO THE SUCCESFULL TENDERER ON REQUEST

Didm 197/02/2015

PART 3
TECHNICAL SPECIFICATIONS
MAJOR SERVICE OF ALL TYPE EQUIPMENT
Major serving of all type of extinguishers as lay down in SABS global conformity services (Pty) Ltd 0600 Section
7737 and global conformity services 0105 and company code appertaining to each type of extinguishers.
1.1

1.2

SERVICING OF CO EXTINGUISHERS AS FOLLOWS

1.1

Check date last pressure tested, if period exceeded notify Department.

1.2

Check extinguisher for rust, dents or other visible damage.

1.3

Remove discharge hose and horn assembly, check for blockages.

1.4

Check operation of head assembly.

1.5

Weigh extinguisher (If under weight Refill).

1.6

Refit discharge hose and horn assembly.

Seal extinguisher and make ready for use.

Wipe extinguisher and affix signed and dated service label and lead seal.

SERVICING OF STORED-PRESSURE DRY-POWDER (EXTINGUISHER)

1.1

Depressurized extinguisher. Open the extinguisher and pour the powder into a clean receptacle.

1.2

Remove the discharge hose (if fitted) from the discharge hose adapter. Using
Dry compressed air (or dry gas); remove all traces of powder from the inside and the outside of
the container, discharge hose, nozzle, control valve assembly, filler cap and actuating
mechanism.

1.3

Sift the powder through a siff of nominal aperture size 2.0mm and examine the
powder. Unless it is free from lumps, caking and foreign matter, discard the powder and replace
it with a new charge in accordance with the manufacturers recommendations.
4

1.5

Refit the discharged hose.

Before fitting the filler cap, examine and if necessary, replace the sealing washer
or O ring, as relevant.

1.6

Pressurize the extinguisher to the correct working pressure, using either dry
nitrogen or dry co, as recommended by the manufacturer.

1.7

Note whether the pressure gauge reading corresponds to the working pressure
and if it does not, replace the gauge and re-pressurize the extinguisher. Check
the operation and calibration of the pressure gauge.

1.8

Carry out a leakage test.

9

Seal unit.

10 Clean extinguisher and put a service label on with name and date.
MAJOR SERVICE OF HOSE REELS
The service of fire hose reels in accordance with SABS global conformity service (Pty) Ltd 0400 Section 7734
and global conformity service 543

Didm 197/02/2015
2.1

SERVICING OF HOSE REELS

2.1.

Check the hose reel mounting bolts for corrosion and physical damage, check whether the frame
is mounted in a secure manner and whether the reel operates freely.

2.2.

Unwind reel completely and check condition of hose and physical damage.

2.3.

Check waterway and the waterway components for corrosion.

2.4.

Check operation of hose nozzle.

2.5.

Check condition of hose reel frame.

2.6.

Close hose nozzle and switch on water supply at stopcock and check whether the hose is in an
acceptable condition and is fitted in an acceptable manner and whether it can with stand the
pressure in the supply main.

2.7.

While hose is under pressure, check for leaks especially at gland.

2.8.

Ensure that waterway of the hose reel and the hose reel hose can with stand a test pressure of 2
000kpa for 3 minutes.

2.9.

Close stopcock, empty hose and rewind onto reel and ensure all operating parts operate with
ease.

2.10.

Check operation of draw-off shackle and general condition of pipe work.

2.11.

Wipe hose reel and affix signed and dated service label.

2.12.

Affix anti tamper seal next to waterway with date on.

MAJOR SERVICE OF FIRE HYDRANTS

The servicing of hydrants in accordance with SABS global conformity services (Pty) Ltd 0400 section 7735 and
global conformity 1128 part.
.

3.1

SERVICING OF HYDRANT
1

Open hydrant and allow water pressure to be release

Check main washer sealing at normal hand tension.

Check gland for leaks.

Check that the hose clip is in correct working order.

Check condition of lip washer.

Affix signed service label.

NEW EQUIPMENT
All new equipment supply to the Department shall comply to SANS 1910 manufacturing standards with all
relevant supporting documentation.
LABELING OF EQUIPMENT AND SITE REGISTER
1

The contractor shall mark all equipment on the unit and on the wall.

Each unit shall be indicated on the site registers that shall be handed over to the
department with the day of completion.

PRESSURE TESTING OF EQUIPMENT

Pressure tests all fire extinguishers and supply test certificates as per OHS Act 85 of 1997 and recorded in fire
register.

Didm 197/02/2015
MONTHLY INSPECTIONS
The following aspects will be checked during monthly inspections:
1

Whether the extinguisher is in its assigned position and is of the correct type

Whether access to and visibility of the extinguisher are not obstructed

Whether the operating instructions on the extinguisher are legible and face outward

Whether any seals have been broken

Whether the extinguisher and its mountings have been physically damaged or have
corroded

Whether the extinguisher shows signs of leakage or the nozzle shows signs of blockage

Whether pressure gauges, if fitted, are still working (by lightly tapping them) and whether
they are in the operating range

Whether the service due date on the reconditioning label has expired

Whether the extinguisher is due for reconditioning

If any of the checks given above show that an extinguisher might have been tampered with, is
damaged, impaired, leaking, undercharged or overcharged or the service due date has expired or the extinguisher is
due for reconditioning or is obviously corroded, the extinguisher must be reconditioned in accordance with SABS
1475 part 1
During monthly inspections site repairs must be carried out. A record of each inspection shall be
kept showing

10.

The date on which the inspection was performed

The extend of any routine repair

A means of identifying any extinguisher that was found to require reconditioning

To ensure that monthly inspections are carried out thoroughly, the following is suggested:
1

Each and every unit is clearly numbered

Recorded in a fire register

Didm 197/02/2015
3

A monthly inspection label affixed to each unit, as per example FIRM NAME
Extinguisher No. __________________________
Type ____________________________________
Service due _______________________________
This extinguisher was last checked by the
management on the latest date shown below
1 _________________ 1 ____________________
2 _________________ 2 ____________________
3 _________________ 3 ____________________
4 _________________ 4 ____________________
5 _________________ 5 ____________________
6 _________________ 6 ____________________
7 _________________ 7 ____________________
8 _________________ 8 ____________________
9 _________________ 9 ____________________
10 ________________ 10 ___________________
11________________ 11 ____________________

11.

REPAIRS AND RECHARGING OF EXTINGUISHERS AFTER USAGE

Spares and material used to repair / recharge extinguishers after usage will be paid either at listed material / spares
or % mark-up on cost to the contractor. No extras will be paid for the labour involved.

12.

STOLEN OR SCRAPED EXTINGUISHERS

Replacement of stolen or scraped equipment will be paid either as listed items or % mark-up on cost to the
contractor. Replacement of equipment must first be approved by Department of Infrastructure Development.

13.

SIGNS IN BUILDINGS
Before any additional signs in and around buildings can be installed, the contractor must submit a motivation
stipulating the necessity of the additional signs. Only after approval by Department of Infrastructure Development will
it be allowed that additional signs be installed.

14.

SERVICING OF AUTOMATIC SPRINKLER SYSTEMS:

Servicing of sprinkler systems to comply with automatic sprinkler installation Bureau (ASIB) code of practice.

The following is a maintenance schedule for fire protection installations incorporating electric and jockey pump sets
with all associated electrical equipment.

Didm 197/02/2015
14.1

MONTHLY TEST PROCEDURE

It is an A.S.I.B. requirement that the Sprinkler and Fire pump equipment are tested weekly.
The following procedure is to be adopted for this purpose.

14.2

14.3

SPRINKLER INSTALLATION CONTROL VALVE

14.1

Before and after testing record the pressure at the installation gauge and water
supply gauge

14.2

Actuate the alarm valve by opening the test valve and check the valve for correct operation.

14.3

Check for the correct operation of the external alarm, motor and gong

14.4

Check that all stop valves are secured in the open or closed position, as appropriate. Particular
attention must be given to the main control valve, alarm clocks, waste and test valves.

14.5

Check that required spare sprinklers and sprinkler spanners are on hand.

PUMP HOUSE AND WATER SUPPLIES

14.1

Check water level and automatic filing facilities of water supply tanks

14.2

Check all water level warning devices

14.3

Check the Diesel and Annunciator batteries and battery chargers for freedom from corrosion in
battery cabinet or compartment and security of battery in its position.

Check Diesel engine oil level with dipstick

14.5
15.

Start all pumping units from the test valve on the auto start arrangement.

JOCKEY PUMP
15.1

Manually test pump starting by switching hand/auto to the hand position. After start up, return switch to
the auto position.

15.2

Test the automatic starting of the pump by dropping the pressure on the pressure switch in the following
manner
15.2.1 Close valve A on the auto start arrangement (refer to auto start drawing)
15.2.2 Slowly open valve B to drop the pressure and at the predetermined setting of 3 bar, the pump
will start. Close valve B and open valve A to allow pressure to return, the pump will stop.

16.

ELECTRICAL DRIVEN PUMP

16.1

Test the manual starting of the pump set by activating the test button on the control
panel.
While the Electrical pump set is running, check for the following
16.1.1 Efficient pump gland operation
16.1.2 Check that the fire: and pump running pilot lights are a light on the
Electric/Annunclator panels
16.1.3 Check that the audible (continuous) siren and flashing lights outside the pump
house are operating
16.1.4 Press the stop / reset push button to stop the pump

Didm 197/02/2015
16.2

Test the automatic starting of the pump by dropping the pressure on the pressure switch in the following
manner
16.2.1 Close valve C on the auto start arrangement (refer to auto start drawing)
16.2.2 Slowly open valve D to drop the pressure. Check that the pump starts at the predetermined
pressure setting of 3 bar.
16.2.3 Check items as per A above
16.2.4 Close valve D and open valve C to allow pressure to return to the normal reset
pressure. Stop pump set by depressing the reset/stop button on the control panel.

17.

SUBSEQUENT 6 (SIX) MONTHLY INSPECTION

A full inspection of the installation will be carried out, checking all of the previous points mentioned.
No replacement of parts has been included for, but oil and grease will be topped up where required.
A full inspection report will be given on completion of inspection, showing details of service and all recommended
repairs need for the installation.
NOTE
It would be required that details of installation be submitted to ourselves before initial maintenance is carried out,
so as the relevant spares can be purchased and that performance of the pumps and motors can be confirmed.
Unless the above mentioned information is supplied a site visit will be necessary to determine the details to the
pump room, this will be charged for as per work rates.

18.

YEARLY INSPECTION
Initial maintenance required if pump sets and panels were installed/serviced over 12 months pervious with no
maintenance.
18.1

ELECTRICAL MOTORS
18.1.1 Check for bearing noise and vibration
18.1.2 Top with grease
18.1.3 Check connections in terminal box

18.2

PUMPS
18.2.1 Check for bearing noise and vibration
18.2.2 Top up bearings with grease or oil
18.2.3 Replace gland packing if necessary and inspect shaft for excessive wear
18.2.4 Check that pumps are reaching required pressures

18.3

ELECTRIC EQUIPMENT
A complete electrical test will be carried out ensuring correct operating of all equipment.
A full report will be given on completion showing details of service and all recommended repairs needed
for the installation.

Didm 197/02/2015
19.

SERVICING OF FIRE FM 200 SYSTEMS

The following is a maintenance schedule for FM 200 fire protection installations incorporating electric and jockey
pump sets with all associated electrical equipment.
19.1

Disconnect system

19.2

Service all detectors

19.3

Test detector simulate fire condition

19.4

Check and correct out puts on control panel

19.5

Pressure test FM200 cylinders every 10 years where applicable

Weight the FM200 cylinders determine if there is sufficient gas in the cylinders

Re-connect all pipe work and re-instate the system

Didm 197/02/2015

MANDATORY
EMPLOYMENT
CREATION

DID/EC1

Didm 197/02/2015
1.0 Mandatory Employment Creation
The Department of Infrastructure Development through all its contracts will create employment in line with the
Expanded Public Works Programme (EPWP). It is mandatory that tenderers/bidders employ personnel on all
contracts from the EPWP database and/or the local community where the project is being implemented. This
employment is outside the existing employees of the tenderers/bidders.
1.1 The Criterion for General Employment
Amount Range

Up to R100,000
R100,001 - R200,000
R200,001 - R300,000
R300,001 - R400,000
Above R400,000

Number
of
Employee
s
2
4
6
8
e

2.0 Specialised Services

The employment on specialised service shall be to the discretion of the Department and shall form part of the
general employment in section 1.0.
3.0 Typical Register Format
Full Name

I.D. No.

Community
(Ward,
Municipality
)

Skill

Hours/Days
Worked

Wage/Salary

Didm 197/02/2015
Functionality:
Functionality:

100

Minimum Functionality Score

60

Functionality criteria
Locality

Weighting

The tenderer must have an office within the district as demarcated by the
Department of Infrastructure Development (Tshwane District, Sedibeng
District, Ekurhuleni District, Johannesburg District and West Rand District.).
Provide proof of address e.g municipal rates or similar.

20

Office within one or more of the above mentioned districts =5

Office outside the above mentioned demarcated district = 0

EXPERIENCE:
Experience of tendering entity with respect to similar projects:

4 successfully completed similar projects (Attach Completion certificates

contactable reference letter) = 5
3 successfully completed similar projects (Attach Completion certificates
contactable reference letter) = 4
2 successfully completed similar projects (Attach Completion certificates
contactable reference letter) = 3
1 successfully completed similar projects (Attach Completion certificates
contactable reference letter) = 2
Currently project of similar nature (Attach contactable references
contactable reference letter) = 1

or
or
30

or
or
or

Employment of targeted group

Submit an undertaking of employing targeted group. Attach letter of
commitment signed off by the CEO on a company official document.

Employment of 2 youth, 2 women and 1 person with disability for projects

with monetary value of R200 000 for Grade 1 and R650 000 for Grade 2 = 5
Employment of 1 youth, 1 women and 1 person with disability for projects
with monetary value of R150 000 for Grade 1 and R500 000 for Grade 2 = 3
Employment of 1 women and 1 person with disability for projects with
monetary value of R100 000 for Grade 1 and R400 000 for Grade 2 = 1

30

Didm 197/02/2015
Quality control practices and procedures which ensure compliance with stated
employers requirements

Quality control practices and procedures must include Quality Management

Systems / Quality control plan, communication
channels, document
management systems, human resources management, Safety Health
Environment plan = 5
Quality control practices and procedures must include Quality Management
Systems / Quality control plan, communication channels, human resources
management, Safety Health Environment plan = 4
Quality control practices and procedures must include Quality Management
Systems / Quality control plan, human resources management, Safety Health
Environment plan = 3
Quality control practices and procedures must include Quality Management
Systems / Quality control plan, Safety Health Environment plan = 2
Quality control practices and procedures must include Safety Health
Environment plan = 1
Total functionality points

100 Points

Minimum functionality threshold

60 Points

20

(Weightings will be multiplied by the scores allocated during the evaluation process to arrive at the total
functionality points. Percentage for functionality will be calculated as follows:
Ps = So X Ap
Ms
Ps = So
Where:
Ps = percentage scored for functionality by bid/proposal under
Consideration
So = total score of bid/proposal under consideration
Ms = maximum possible score
Ap = percentage allocated for functionality)

Signed at __________________________on _______month of __________________201__

On behalf of the Tenderer/Bidder
_____________________________
Tenderer/Bidder

__________________________
Date

On behalf of the Department

______________________________
Employee

__________________________
Date

Didm 197/02/2015

SBD
FORMS

Didm 197/02/2015

SBD 2

TAX CLEARANCE CERTIFICATE REQUIREMENTS

It is a condition of bid that the taxes of the successful bidder must be in order,
or that satisfactory arrangements have been made with South African Revenue
Service (SARS) to meet the bidders tax obligations.
1

In order to meet this requirement bidders are required to complete in full the attached form TCC 001
Application for a Tax Clearance Certificate and submit it to any SARS branch office nationally. The Tax
Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit
bids.

SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year
from the date of approval.

The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original
and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax
Clearance Certificate will not be acceptable.

In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate
Tax Clearance Certificate.

Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch
office nationally or on the website www.sars.gov.za.

Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,
taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

Jeyrel:\Mdk416-SBD2 tax clearance

Didm 197/02/2015
SBD 6.1
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011
This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for BroadBased Black Economic Empowerment (B-BBEE) Status Level of Contribution
NB:

BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES
APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

1. GENERAL CONDITIONS
1.1

The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included).

1.2

The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included) and therefore the 80/20 system shall
be applicable.

1.3

Preference points for this bid shall be awarded for:

(a)
(b)

1.3.1

Price; and
B-BBEE Status Level of Contribution.

The maximum points for this bid are allocated as follows:

POINTS

1.3.1.1

PRICE

90

1.3.1.2

B-BBEE STATUS LEVEL OF CONTRIBUTION

10

Total points for Price and B-BBEE must not exceed

100

1.4

Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency
accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of
Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to
mean that preference points for B-BBEE status level of contribution are not claimed.

1.5.

The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any
claim in regard to preferences, in any manner required by the purchaser.

2.

DEFINITIONS

2..1

all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills
development levies;

2.2

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

2.3

B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using
the relevant scorecard contained in the Codes of Good Practice on 2 Black Economic Empowerment, issued in terms of section 9(1) of the
Broad-Based Black Economic Empowerment Act;

2.4

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 services,
works or goods, through price quotations, advertised competitive bidding processes or proposals;

2.5

Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of
2003);

Didm 197/02/2015
2.6

comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been
taken into consideration;

2.7
2.8

consortium or joint venture means an association of persons for the purpose of combining their expertise, property, capital, efforts,
skill and knowledge in an activity for the execution of a contract;
contract means the agreement that results from the acceptance of a bid by an organ of state;

2.9

EME means any enterprise with an annual total revenue of R5 million or less .

2.10

Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the
change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is
binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the
execution of the contract;

2.11

functionality means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity
that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability
and durability of a service and the technical capacity and ability of a bidder;

2.12

non-firm prices means all prices other than firm prices;

2.13

person includes a juristic person;

2.14

rand value means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes
all applicable taxes and excise duties;

2.15

sub-contract means the primary contractors assigning, leasing, making out work to, or employing, another person to support such
primary contractor in the execution of part of a project in terms of the contract;

2.16

total revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment,
issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9
February 2007;

2.17

trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such
property for the benefit of another person; and

2.18

trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be
administered for the benefit of another person.

3.

ADJUDICATION USING A POINT SYSTEM

3.1

The bidder obtaining the highest number of total points will be awarded the contract.

3.2

Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm
prices and all unconditional discounts;.

3.3

Points scored must be rounded off to the nearest 2 decimal places. 3

3.4

In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of
preference points for B-BBEE.

3.5

However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference
points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.

3.6

Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

Didm 197/02/2015
4.

POINTS AWARDED FOR PRICE

4.1

THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:
80/20

or

Ps= 80 (1 Pt - P min)

90/10
Ps= 90 (1 Pt - P min)

P min

P min

Where
Ps

Points scored for comparative price of bid under consideration

Pt

Comparative price of bid under consideration

Pmin

Comparative price of lowest acceptable bid

5.

Points awarded for B-BBEE Status Level of Contribution

5.1

In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for
attaining the B-BBEE status level of contribution in accordance with the table below:
B-BBEE Status Level of Contributor
1
2
3
4
5
6
7
8
Non-compliant contributor

Number of points
(90/10 system)
10
9
8
6
4
3
2
1
0

5.2

Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the
CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for
IRBAs approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

5.3

Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof,
substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.4

A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits
their B-BBEE status level certificate.

5.5

A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity
submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is
prepared for every separate bid.

5.6

Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard
contained in the B-BBEE Codes of Good Practice.

5.7

A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends subcontracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a
bidder qualifies for, unless the intended sub- contractor is an EME that has the capability and ability to execute the sub-contract.

5.8

A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have
an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the
capability and ability to execute the sub-contract.

Didm 197/02/2015
6.

BID DECLARATION

6.1

Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

7.

B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1

7.1

B-BBEE Status Level of Contribution: .

(maximum of 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by
means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an
Accounting Officer as contemplated in the CCA).
8

SUB-CONTRACTING

8.1

Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable)

8.1.1

If yes, indicate:

(i)

what percentage of the contract will be subcontracted? .............%

(ii)

the name of the sub-contractor? ..

(iii)

the B-BBEE status level of the sub-contractor? ..

(iv)

whether the sub-contractor is an EME?YES / NO (delete which is not applicable) 5

DECLARATION WITH REGARD TO COMPANY/FIRM

9.1

Name of company/firm .............................................................................................. :

9.2

VAT registration number : .............................................................................................

9.3

Company registration number . :

9.4

TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium
One person business/sole propriety
Close corporation
Company
(Pty) Limited
[TICK APPLICABLE BOX]

9.5

DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

.. ................................................................................................................................................
...........................................................................................................................................
.. ............................................................................................................................................

9.6

COMPANY CLASSIFICATION
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]

9.7

Total number of years the company/firm has been in business?

Didm 197/02/2015
9.8

I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the BBBE status level of contribution indicated in paragraph 7 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 paragraph 7, 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 contribution 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 persons 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)

restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a
fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi
alteram partem (hear the other side) rule has been applied; and

e)

forward the matter for criminal prosecution.

WITNESSES:
1

SIGNATURE(S) OF BIDDER(S)

DATE

:..

ADDRESS

:
.

Didm 197/02/2015
SBD 8
DECLARATION OF BIDDERS PAST SUPPLY CHAIN MANAGEMENT PRACTICES
1

This Standard Bidding Document must form part of all bids invited.

It serves as a declaration to be used by institutions in ensuring that when goods and services are being
procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

The bid of any bidder may be disregarded if that bidder, or any of its directors havea
b
c

4
Item
4.1

abused the institutions supply chain management system;

committed fraud or any other improper conduct in relation to such system; or
failed to perform on any previous contract.

In order to give effect to the above, the following questionnaire must be completed and submitted
with the bid.
Question
Is the bidder or any of its directors listed on the National Treasurys database as companies or
persons prohibited from doing business with the public sector?

Yes
Yes

No
No

Yes

No

Yes

No

Yes

No

(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).

4.1.1

If so, furnish particulars:

4.2

Is the bidder or any of its directors listed on the Register for Tender Defaulters
in terms of section 29 of the Prevention and Combating of Corrupt Activities
Act (No 12 of 2004)?
To access this Register enter the National Treasurys website,
www.treasury.gov.za, 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.

4.2.1

If so, furnish particulars:

4.3

Was the bidder or any of its directors convicted by a court of law (including a
court outside of the Republic of South Africa) for fraud or corruption during the
past five years?

4.3.1

If so, furnish particulars:

4.4

Was any contract between the bidder and any organ of state terminated
during the past five years on account of failure to perform on or comply with
the contract?

4.4.1

If so, furnish particulars:

Didm 197/02/2015
SBD 8
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME
SHOULD THIS DECLARATION PROVE TO BE FALSE.

...
Signature

..
Date

.
Position

..
Name of Bidder

Js365bW