Invitation to Tender for Supply and Installation of a Perimeter Fence

INVITATION TO TENDER – SUPPLY AND INSTALLATION OF FENCE AT NGWEDI RUSTENBERG

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INVITATION TO TENDER

INVITATION TO TENDER No. ROSH/2014/39

FOR: SUPPLY AND INSTALLATION OF A 2400 METRE FENCE

SPECS:

4 NO CORNER POSTS INTERMEDIATE POST X 4

FENCE DROPPERS (EVERY 4M) 3 STRANDS 1,8M DIAMOND MESH

3 X 6M GATES 2 X 1.5M PEDESTRIAN GATE

AT NGWEDI SUB-STATION

SITE ADDRESS:

IMPOFU MINE TERRITORY

NORTH OF RUSTENBERG: 20 KMS SOUTH OF SUN CITY

Deadline for tender submission: 10:00 hours on 27TH June 2014

TENDERER’S NAME (Business Name): ___________________________

BUSINESS REGISTRATION NUMBER: ___________________________

ESKOM VENDOR NUMBER (if any): ___________________________


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Date Ref ROSH2014/39 Enquiries 30 May 2014 Elise Posthumus (011) 621 3097 INVITATION TO TENDER

SUPPLY AND INSTALLATION OF A 2400 METRE FENCE We invite you to submit a tender to provide the goods identified above. The list of documents provided for the purpose of the tender is attached to this Letter of Invitation. The scope of work is given in the Goods Information. The terms and conditions of the proposed contract are identified in Agreements and Contract Data. Rotek Industries SOC Limited and Roshcon SOC Limited's Standard Conditions of Tender specifies the actions to be taken during the process of tendering. The section entitled ‘Tender Data’ provides the details which make the standardised Conditions of Tender specific to this tender, including the criteria you are required to comply with in order to be able to submit a tender in response to this Invitation. The tender documents are supplied to you on the following basis:

Free of charge We have delegated the responsibility for this tender to Rotek Industries SOC Limited and Roshcon SOC Limited's Representative whose name and contact details are given in the Tender Data. We deem that a submission of a tender by you in response to this invitation constitutes your acceptance of the Conditions of Tender. Please complete the attached Acknowledgement Form and return by Fax as indicated on the form within 5 days of receiving this Invitation. If you do not intend submitting a tender kindly return all the enclosed documentation together with the Acknowledgement Form, giving your reason for not wishing to participate. We are looking forward to receiving and evaluating your tender. Yours faithfully,

Elise Posthumus Buyer [email protected]

mailto:[email protected]


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TO: Rotek Industries SOC Limited and

Roshcon SOC Limited Representative

FROM

Attention

Elise Posthumus

Sender

Fax No.

086 529 9095

Fax No.

INVITATION TO TENDER NO. ROSH/2014/39 ACKNOWLEDGEMENT:

SUPPLY AND INSTALLATION OF A 2400 METRE FENCE We are in receipt of Rotek Industries SOC Limited and Roshcon SOC Limited's letter dated 30

th May 2014.

We confirm that the documentation received by us is: (delete / complete as applicable) Either: Correct as stated in the attached list of Contents, and that each document is complete.

(Tick box if documentation complete) Or: Incorrect or incomplete for the following reasons:

Please select either statement 1 or 2 below and delete the other: 1 We have noted the deadline for tender submission (given in the Tender Data) and will be submitting

our tender before then and as instructed. We propose to submit a tender in the name of the organisation stated above. (Delete if the following is not applicable) The organisation stated above is a joint venture between:

2 We do not intend to submit a tender for this service, and return all of the attached documentation

herewith. Our reason for not wishing to submit a tender is as follows:

Yours faithfully For the tenderer


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CONTENTS 1. INVITATION TO TENDER

1.1. Tender Data 1.2. Rotek Industries SOC Limited and Roshcon SOC Limited's Standard Conditions of Tender (Available at www.eskom.co.za under “Tender Bulletin” and from Rotek Industries SOC Limited and Roshcon SOC Limited's Representative).

2. TENDER RETURNABLES

a) Completed and signed tender document b) Authorization form

c) Original and valid SARS tax clearance certificate issued in South Africa (Gatekeeper)

d) A valid B-BBEE verification certificate from a verification agency OR a letter from the Accounting Officer or registered Auditor indicating shareholding structure and the business Turnover (as per attached guideline)

e) Certificate of compliance with the Employment Equity Act

f) Bill of Quantities/Works Information

g) Programme to be provided by the contractor

h) SHEQ plan, risk assessment, quality control management plan, works procedure

i) Declaration regarding fair bidding practices

j) Valid Letter of good standing obtainable from the Department of Labour (Gatekeeper)

k) Original cancelled Cheque or a stamped letter from the bank (on the Bank’s

Letterhead) confirming the tender’s banking details

l) Supplier Declaration of Interest

m) Confidentiality and Non-Disclosure Agreement

n) CIDB Grading of Level 2 GB and/or 1 GB PE

3. AGREEMENTS AND CONTRACT DATA

3.1. Form of Agreement and Purchaser’s Acceptance (Contract award stage only,) 3.2. Contract Data Part 1: Data provided by the Purchaser 3.3. NEC

4. CONTRACT PRICES (Contract award stage only,) 5. PURCHASER’S GOODS INFORMATION

SCOPE OF WORK :

SUPPLY AND INSTALLATION OF A 2400 METRE FENCE

6. SUPPLIER’S GOOD’S INFORMATION (Contract award stage only)

http://www.eskom.co.za/


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TENDER DATA

1 General

[1.1] Rotek SOC Limited and Roshcon SOC Limited's Representative is

Name Elise Posthumus Address Lower Germiston Road Tel No . +27 11 621 3097 Fax No. 086 529 9095 E mail [email protected]

[1.1] A tenderer is a person, partnership, firm or company eligible to submit a tender in response to

this invitation only if it is:

Registered (country) in South Africa Included on (tender list)

2 Tenderer's obligations

[2.3] The tender documents are

listed in the Invitation to Tender, and Addenda [2.7; 3.2] issued by Rotek SOC Limited and Roshcon SOC Limited

[2.8] A compulsory clarification meeting has been arranged for tenderers as follows:

Date : 20 June 2014 Time : 09H00

Venue : Ngwedi Site

SITE ADDRESS:

IMPOFU MINE TERRITORY NORTH OF RUSTENBERG: 20 KMS SOUTH OF SUN CITY

Failure to attend the Compulsory Clarification Meeting will result in the Tender not being

evaluated.

PLEASE REMEMBER TO WEAR FULL PPE



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[2.9] the closing time for clarification of queries is 5 days before the deadline for tender submission.

No questions, during the tendering period will be answered telephonically. Questions must be submitted in writing, either via e-mail or fax through to:

Name Elise Posthumus Fax No. 086 529 9095 E mail [email protected]

[2.13] the conditions of contract, available separately, are stated in the Contract Data.

[2.16] Alternative tender(s) may be based only on the following criteria and subject to acceptance by Rotek SOC Limited and Roshcon SOC Limited.

A different completion date. Alternative terms of delivery selected from the latest applicable INCOTERMS. Other combinations of secondary option clauses, acceptable to the Purchaser, selected from

the Rotek SOC Limited and Roshcon SOC Limited NEC Short Supply Contract. Provision of a financing package where none has been requested by this tender. Different technical methods and specifications.

[2.18] The tender may be for the whole only/part of the services also be in other tender documents where the tenderer is requested to return something as part

of his tender.

[2.20] the tender shall be submitted as an original and one (1) copy. [2.22] the invitation to tender number is ROSH/2014/39

[2.25] The place for delivery of the tender is Rotek SOC Limited and Roshcon SOC Limited’s Tender

Box located at : Rotek Engineering Security Office Stand 46, Roshland road Lower Germiston Road Rosherville, Johannesburg, Gauteng Next to the Boom Gate

[2.25] The deadline for tender submission is 10:00 hours on 27 June 2014

[2.27] The validity period is 12 weeks

[2.33] “In terms of the Preferential Procurement Policy Framework Act (PPPFA) the 80/20 scoring system will be applicable to this tender. Failure to submit valid and original or certified copy of the B-BBEE will result in the tenderer not qualifying for preferential points”



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The attachments / templates include the following documents that must be part of the tender documentation and be returned with the tender:

PPPFA REGULATIONS.pdf

PPPFA Regulations 2011.pdf

3 Rotek SOC Limited and Roshcon SOC Limited’s Undertakings

[3.14] Rotek SOC Limited and Roshcon SOC Limited’s Representative will determine the evaluated tender price by adjusting the total of the Prices (if any) as follows:

Making the specified correction for arithmetical errors. Excluding contingencies in any Activity or Task Schedule. Making an appropriate adjustment for any other acceptable variations, deviations, or alternative

tenders submitted. Making a comparison of the Net Present Value of each adjusted tender based on the tendered

plan (if provided) and prices, on the estimated effect of Price Adjustment Factors and rate of exchange fluctuations (if applicable) and on other evaluation parameters relating to uncertainty and risk.

[3.19, 3.20, 3.22] The number of copies of signed contract documents to be supplied by Rotek SOC Limited and Roshcon SOC Limited’s are:

For the NEC Contract: 1

4 Additional conditions of tender

The additional conditions of tender are: Your response should include a covering letter containing full details of the company ownership, names of directors, shareholders/Equity ownership, Joint Ventures, strategic alliance and company VAT and registration numbers.

In the event that any of the proposed equipment is imported it is necessary to provide the details of the Parent company, a copy of the agreement or a letter must be obtained from the importer indicating that your company is an accredited representative in South Africa. The Tenderers are required to provide a covering letter clearly stating their Acceptance of the NEC CONTRACT and confirm the validity that your tender is valid for 12 weeks from date of closing. Any deviation to the above mentioned conditions will be considered as an alternate offer and need to be recorded in your submission in the following format.

Clause Page No. Subject Variation/Comment


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No tippex / correction pen to be used on any page or pages of the documents to be submitted. Failure to comply with this, your tender will be deemed commercially unacceptable.


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5 TENDER EVALUATION Evaluation process to be followed;

STEP 1: Price and Preference Points System (90/10)

Decision Factors Weighting Score

Price 90%

B-BBEE 10%

Price Evaluation (90 points)

Adjudication Criteria Points

Price Evaluation

min

min190

P

PPtPs

90

Where:

Ps = Points scored for comparative price of tender under consideration Pt = Comparative price of tender under consideration Pmin = Comparative price of lowest acceptable tender

B-BBEE Evaluation (10 points) Tenderers are required to submit original and valid B-BBEE Status Level Verification Certificates or certified copies thereof together with their tenders to substantiate the B-BBEE claims. Tenderers who do not submit B-BBEE Status Level Verification Certificates or non-compliant contributors to B-BBEE will not qualify for preference points for B-BBEE however will not be disqualified from the tender process. Such a tenderer will score points out of 90 for price and 0 points out of 10 for B-BBEE. Points awarded to a tenderer for attaining the B-BBEE Status Level of contribution in accordance with the table below:


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B-BBEE Status Level of Contributor Number of points

(90/10 system)

1 10

2 9

3 8

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

Combine Final Evaluation: B-BBEE: 90% Price:10%

The points scored for price will be added to the points scored for B-BBEE status level of contribution to obtain the tenderers total points scored out of a 100.

Roshcon reserves the right to award a tender to a supplier who may not be the highest-scoring or highest-ranked

supplier, for the purpose of maximising recognition of black ownership, black management control, skills development, and/or preferential procurement in line with section (2)(1)(f) of the PPPFA


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PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011

This preference form must form part of all tenders invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, TENDERERS 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 tenders:

- 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 tender is estimated to exceed R1 000 000 (all applicable taxes included)

and therefore the 90/10 system shall be applicable. 1.3 Preference points for this tender shall be awarded for:

(a) Price; and (b) B-BBEE Status Level of Contribution.

1.3.1 The maximum points for this tender are allocated as follows:

POINTS

1.3.1.1 PRICE 80 1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 20 Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a tenderer 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


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Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the tender, 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 tenderer, either before a tender is

adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the 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 Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.4 “tender” 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 tendering 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); 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 “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;

2.8 “contract” means the agreement that results from the acceptance of a tender by an organ

of state; 2.9 “EME” means any enterprise with 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;


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2.11 “functionality” means the measurement according to predetermined norms, as set out in

the tender 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 tenderer; 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 tender invitations, and includes all applicable taxes and excise duties; 2.15 “sub-contract” means the primary contractor’s 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 tenderer 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.

3.4 In the event that two or more tenders have scored equal total points, the successful tender

must be the one scoring the highest number of preference points for B-BBEE.


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

3.6 Should two or more tenders be equal in all respects, the award shall be decided by the

drawing of lots.

4. POINTS AWARDED FOR PRICE 4.1 THE 90/10 PREFERENCE POINT SYSTEMS A maximum of 90 points is allocated for price on the following basis: 90/10

min

min190

P

PPtPs

Where Ps = Points scored for comparative price of tender under consideration Pt = Comparative price of tender under consideration Pmin = Comparative price of lowest acceptable tender 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 tenderer for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor Number of points

(90/10 system)

1 10

2 9

3 8


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4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

Combine Final Evaluation: B-BBEE: 10% Price: 90%

The points scored for price will be added to the points scored for B-BBEE status level of contribution to obtain the tenderers total points scored out of a 100. The tenderer scoring the highest points will be awarded the contract. 5.2 Tenderers 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 IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

5.3 Tenderers 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 tender.

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.


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5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a tenderer intends sub-contracting 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 tenderer 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.

6. TENDER DECLARATION

6.1 Tenderers 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 10 or 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)

9 DECLARATION WITH REGARD TO COMPANY/FIRM


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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?

…………………………………… 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 B-BBE 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:


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(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 tendering process; (b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered

as a result of having to make less favourable arrangements due to such cancellation;

(d) restrict the tenderer 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 TENDERER(S) 2. ………………………………………


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


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DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT

This standard document must form part of all tender. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably). Before completing this declaration, tenderers must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011 and the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:201x. 1. General Conditions 1.1. Preferential Procurement Regulations, 2011 (Regulation 9. (1) and 9. (3) make provision

for the promotion of local production and content. 1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of

tenders local production and content is of critical importance, such tenders must be advertised with the specific tendering condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered.

1.3. Regulation 9.(3) prescribes that where there is no designated sector, a specific tender

condition may be included, that only locally produced services, works or goods or locally manufactured goods with a stipulated minimum threshold for local production and content, will be considered.

1.4. Where necessary, for tenders referred to in paragraphs 1.2 and 1.3 above, a two stage

tendering process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE.

1.5. A person awarded a contract in relation to a designated sector, may not sub-contract in

such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.

1.6. The local content (LC) as a percentage of the tender price must be calculated in accordance with the SABS approved technical specification number SATS 1286: 201x as follows:


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LC = 1 x 100 Where

x imported content y tender price excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the date, one week (7 calendar days) prior to the closing date of the tender as indicated in paragraph 4.1 below.

1.7. A tenderer will be disqualified if:

the tender fails to achieve the stipulated minimum threshold for local production and content indicated in paragraph 3 below; and.

this declaration certificate is not submitted as part of the tender documentation.

2. Definitions 2.1. “tender” includes advertised competitive offers, written price quotations or proposals; 2.2. “tender price” price offered by the tenderer, excluding value added tax (VAT); 2.3. “contract” means the agreement that results from the acceptance of a tender by an organ

of state; 2.4. “designated sector” means a sector, sub-sector or industry that has been designated by

the Department of Trade and Industry in line with national development and industrial policies for local production, where only locally produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content;

2.5. “duly sign” means a Declaration Certificate for Local Content that has been signed by the

Chief Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the tender price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;


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2.7. “local content” means that portion of the tender price which is not included in the imported content, provided that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as

determined by the Department of Trade and Industry; and 2.9. “Sub-contract” means the primary contractor’s 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.

3. The stipulated minimum threshold(s) for local production and content for this tender

is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______% _______________________________ _______% _______________________________ _______%

4. Does any portion of the services, works or goods offered have any imported content? YES / NO

4.1 If yes, the rate(s) of exchange to be used in this tender to calculate the local content as

prescribed in paragraph 1.6 of the general conditions must be the rate(s) published by SARB for the specific currency at 12:00 on the date, one week (7 calendar days) prior to the closing date of the tender.

The relevant rates of exchange information is accessible on www.reservebank.co.za.

Indicate the rate(s) of exchange against the appropriate currency in the table below:

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen


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Other

NB: Tenderers must submit proof of the SARB rate (s) of exchange used.


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LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF

EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF TENDER No. ................................................................................. ISSUED BY: (Procurement Authority / Name of Institution): .........................................................................................................................

NB The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the tenderer. I, the undersigned, …………………………….................................................... (full names), do hereby declare, in my capacity as ……………………………………… ……….. of ...............................................................................................................(name of tender entity), the following:

(a) The facts contained herein are within my own personal knowledge. (b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-specified tender comply with the minimum local content requirements as specified in the tender, and as measured in terms of SATS 1286.

(c) The local content has been calculated using the formula given in clause 3 of SATS 1286, the rates of exchange indicated in paragraph 4.1 above and the following figures:

Tender price, excluding VAT (y) R

Imported content (x) R

Stipulated minimum threshold for Local content (paragraph 3 above)

Local content % , as calculated in terms of SATS 1286

If the tender is for more than one product, a schedule of the local content by product shall be attached.

(d) I accept that Eskom has the right to request that the local content be verified in terms of the requirements of SATS 1286. (e) I understand that the awarding of the tender is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286, may result in the


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Procurement Authority / Institution imposing any or all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000). SIGNATURE: DATE: ___________ WITNESS No. 1 DATE: ___________ WITNESS No. 2 DATE: ___________

Annex-c_Local content Declaration-Summary Schedule.pdf

Annex-d_Imports Declaration-Supporting schedule to Annex C.pdf

Annex-e_Local Content Declaration-Supporting Schedule to Annex C.pdf


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Authority to submit a tender / offer

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the certificate set out below for his category of organisation or alternatively attach a certified copy of a company / organisation document which provides the same information for the relevant category as requested here.

A COMPANY

B CLOSE CORPORATION

C PARTNERSHIP

D JOINT VENTURE

E SOLE PROPRIETOR

A. Certificate for company

I,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ , chairperson of the board of directors of _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _., hereby confirm that by resolution

of the board taken on _ _ _ __ _ _ _ _ (date), Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

, acting in the capacity of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, was authorised to sign all

documents in connection with this tender offer and any contract resulting from it on behalf of the

company.

Signed Date

Name Position Chairman of the Board of Directors

B. Certificate for close corporation


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I,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ , member of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that by majority vote of the members taken on

_ _ _ __ _ _ _ _ (date), Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, was authorised to sign all documents in connection

with this tender offer and any contract resulting from it on behalf of the company.

Signed Date

Name Position Member

C. Certificate for partnership

We, the undersigned, being the key partners in the business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ hereby authorise Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, acting in

the capacity of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, to sign all documents in connection with the

tender offer for Contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and any contract resulting from it on our

behalf.

Name Address Signature Date

NOTE: This certificate is to be completed and signed by the full number of Partners necessary to commit the Partnership. Attach additional pages if more space is required.

D. Certificate for Joint Venture


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We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise Mr/Ms

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, an authorised signatory of the company _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of lead partner, to sign all

documents in connection with the tender offer for Contract _ _ _ _ __ _ _ and any contract resulting

from it on our behalf.

This authorisation is evidenced by the attached power of attorney signed by legally authorised

signatories of all the partners to the Joint Venture.

Furthermore we attach to this Schedule a copy of the joint venture agreement which incorporates a

statement that all partners are liable jointly and severally for the execution of the contract and that

the lead partner is authorised to incur liabilities, receive instructions and payments and be

responsible for the entire execution of the contract for and on behalf of any and all the partners.

Name of firm Address Authorising signature, name and capacity

Lead partner

E. Certificate for sole proprietor

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that I am the sole owner of the

business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _.


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Signed Date

Name Position Sole Proprietor


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Collusive tendering is prohibited by law. In recognition of the aforementioned principle, we hereby declare that this is a bona fide offer, intending to be competitive, and that we have not engaged in price-fixing with any other tenderer or person, or in any way colluded with any other tenderer or person in connection with this enquiry.

DECLARATION:

I, the undersigned [insert full name of signatory] ____________________________, duly authorised to complete this tender in my capacity as [insert capacity, i.e., member, director, partner, etc] __________________________ on behalf of the tenderer [insert full name of the business entity] __________________________ certify that, to the best of my knowledge, the information furnished herein is true and correct. I accept that Rotek SOC Limited and Roshcon SOC Limited's reserves its right to act against the tenderer or me personally in terms hereof, should this declaration prove to be false.

Declaration of Fair Bidding Practices


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Supplier Declaration of Interest

Date: 04 October 2011

Rev 0

DECLARATION

I, THE UNDERSIGNED [insert full name of signatory]…………………………………………, IN MY

CAPICITY AS [insert capacity, i.e., member, director, partner, etc]

…………………………………………... OF THE SUPPLIER [insert full name of the supplying entity]

………………....................................................., CERTIFY UNDER OATH THAT, TO THE BEST

OF MY KNOWLEDGE, THE INFORMATION FURNISHED HEREIN IS TRUE AND CORRECT. I

ACCEPT THAT Rotek SOC Limited and Roshcon SOC Limited's RESERVES ITS RIGHT TO ACT

AGAINST THE SUPPLIER NAMED ABOVE OR ME PERSONALLY IN TERMS HEREOF,

SHOULD THIS DECLARATION PROVE TO BE FALSE.

Eskom employees and directors that engage in private work for or on behalf of the Supplier are

not permitted to financially benefit from the procurement associated with this enquiry / tender /

negotiation.

In order to manage situations where conflicts of interests may exist, involving Eskom employees

and/or directors engaging in private work with the Supplier (named above) associated with this

enquiry / tender / negotiation, you are hereby required to declare their positions to Eskom and take

an oath declaring their interests.

For the purposes of this Declaration:

• Private Work includes private interests, and means any employment or commercial activity, or

any other interests embarked on by an employee outside the scope of his/her Eskom employment.

• A commercial activity means any activity an employee engages in outside Eskom for the

purpose of generating income, whether or not the activity actually produces income and/or is

profitable.


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• Close Family means persons related to the employee or director by birth, marriage, domestic

partnership, adoption, guardianship or the like, who may influence, or be seen to influence the

objectivity of the employee or director OR related persons who may be influenced by the employee

or director in their dealings with Eskom;

• Associate means any person (i.e. a friend, rival, business partner, neighbour or the like) who has

a relationship with an employee or director who may influence, or be seen to influence the

objectivity of the employee or director OR who may be influenced by the employee or director in

their dealings with Eskom;

• Participation in the Procurement Process means conceptualisation, proposal, specification,

feasibility studies, sourcing, evaluation, benchmarking, negotiation, approval and awarding or

withdrawal of offers / tenders in relation to orders / contracts for performing any work, providing any

services, or supplying any material, article or equipment or performing any other act; and

• Business Courtesy means a gift or favour received from a person or a firm for which fair market

value is not paid, and includes non-monetary gifts, meals, drinks, entertainment, hospitality,

recreation, transportation, attendance prizes, discounts, tickets, passes, promotional items,

materials, equipment and the like.

In order to give effect to the above, the following questionnaire must be completed and submitted

as a returnable with your enquiry / tender/ attendance at a negotiation.


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*Delete whichever is not applicable

Are you or any other person who holds an interest in the Supplier named above (i.e. a shareholder,

a director, or a member or partner, a line manager, or a fellow employee), employed by Eskom or

serves as a director at Eskom?

*YES/NO

If so, state particulars.

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

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

……………………………………………………………………………………………..

Are you, or any other person who holds an interest in the Supplier named above, a close family

member to or an associate of an Eskom employee and/or director, who may be participating in

the procurement process associated with this enquiry / tender / negotiation?

*YES/NO


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

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

……………………………………………………………………………………………..

Are you aware of any relationship which amounts to that of close family (i.e. related by birth,

marriage, domestic partnership, adoption, guardianship or the like) or that of an associate (i.e. a

friend, rival, business partner, neighbour, etc) between person/s acting for or on behalf of the

Supplier and an Eskom


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employee and /or director, who may be participating in the procurement process associated

with this enquiry / tender / negotiation?

*YES/NO


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

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

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

……………………………………………………………….

Have you, or any other person who holds an interest in the Supplier named above, given a

business courtesy to or received a business courtesy from an Eskom employee and/or director

over the last 12 (twelve) months?

*YES/NO


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

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

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

…………………………

If providing services as a consultant to Eskom, please state the particulars of any other services

that the Supplier named above is currently rendering to any other Eskom business units, Eskom

Divisions, Eskom subsidiaries, Eskom suppliers of primary energy (coal, water, fuel and associated

logistics), Eskom suppliers of strategic commodities (specifically primary plant, IT hardware, IT

software, construction services, consulting services and professional services), and key industrial


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customers. For purposes of this declaration a consultant is deemed to be a supplier that is

providing Eskom with advice/ contracted deliverables linked to specific technical and/ or strategic

issues that are core to Eskom’s approved strategic direction, and / or where the services of a

registered professional are required (e.g. attorneys, auditors, engineers, etc.)


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Declaration of Other Work:

Name of Client Nature of

Services

Date/s of

Contract

Contact

Person/s

Contact Details

Signature………………………………………………………......

Date………………………………………………………………..

Position…………………………………………………………….


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ACKNOWLEDGEMENT OF ESKOM RULES AND PROCEDURES

1. Eskom Cardinal Rules, Directive: 32-421

2. Eskom Safety, Health and Environmental Policy: 32-94

3. Conflict of Interest Policy: 32-173

4. The Eskom Code of Ethics Standard 32-527

5. Annexure H: Non-Disclosure Agreement

I, the undersigned hereby acknowledge that I have obtained copies of the above documents and confirm that I fully understand them and the consequences of non-compliance. Signed at ………………………………………… on this ………………………….. day of

……………………… 20…….. ------------------------------------------------ ----------------------------------------------

---- Signature of Supplier ------------------------------------------------ Name of Supplier ------------------------------------------------ Date


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CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

Between

ROTEK SOC LIMITED AND ROSHCON SOC LIMITED

And

THE CONTRACTOR


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1. PARTIES

The parties to this Agreement are:

1.1. Rotek SOC Limited and Roshcon SOC Limited's ("Part A") a company incorporated under the

laws of the Republic of South Africa, having its registered office

1.2. ……………………………………………. ("Counterparty")] a company incorporated

under the laws of [insert name of country], having its registered office at [registered

address], [insert name of country], with registration number [insert registration number];

hereinafter referred to as "Party" or "Parties" as the context requires.

2. INTRODUCTION

2.1. Party A intend providing the Counter Party with certain Confidential Information as

described in 5 below relating to the development of a cost-based pricing model for all

Eskom Telecommunications’ products and services ("Supply and delivery of stationery

").

2.2. The Parties wish to record the terms and conditions on which such Confidential

Information is disclosed.

3. RELATIONSHIP BETWEEN THE PARTIES

3.1. Neither this Agreement nor the exchange of information contemplated hereby shall

commit either Party to continue discussions or to negotiate, or to be legally bound to

any potential business relationship. The Parties shall only be bound to a business


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relationship by way of further definitive written agreements signed by the Parties. For

the avoidance of doubt, nothing in this Agreement shall oblige either of the Parties to

enter into any agreements or transactions whatsoever.

3.2. Nothing contained in this Agreement shall be construed as creating an obligation on the

part of Party A to refrain from entering into a business relationship with any Third Party,

nor shall anything in this Agreement be construed as creating a joint venture,

partnership or employment relationship between the Parties. Neither Party shall have

the right, power or implied authority to create any obligation or duty (express, implied or

otherwise) on behalf of the other Party.

4. INTERPRETATION

4.1. Party a disclosing Confidential Information shall be known as "the Disclosing Party" and

the Counter Party receiving Confidential Information shall be known as "the Receiving

Party".

4.2. The headings of the clauses of this Agreement are used for convenience only and shall

not affect the meaning or construction of the contents of this Agreement.

5. THE CONFIDENTIAL INFORMATION

"Confidential Information" shall for the purpose of this Agreement include, without limitation,

any technical, commercial or financial information, know-how, processes, technical

specifications and data relating to the Project in whatever form, relating to the Disclosing

Party's business practices or promotion of the Disclosing Party's business plans, policies or

practices, which information is communicated to the Receiving Party, or otherwise acquired by

the Receiving Party from the Disclosing Party, during the course of the Parties' commercial

interactions, discussions and negotiations with one another, whether such information is

formally designated as confidential or not.


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6. DISCLOSURE OF CONFIDENTIAL INFORMATION

6.1. The Disclosing Party shall be obliged only to disclose Confidential Information to the

Receiving Party to the extent deemed necessary by the Disclosing Party in its discretion

for the purposes of the Project.

6.2. The Parties acknowledge that Confidential Information disclosed pursuant to this

Agreement is a valuable and unique asset proprietary to the Disclosing Party.

6.3. Subject to 6.4, the Receiving Party agrees that it will not, during the existence of this

Agreement disclose the Confidential Information to any Third Party for any reason or

purpose whatsoever, without the prior written consent of the Disclosing Party and only

to the extent of such consent, save in accordance with the provisions of this Agreement.

In this Agreement "Third Party" means any party who is not a signatory to this

agreement.

6.4. Notwithstanding anything to the contrary contained in this Agreement, the Parties agree

that the Confidential Information may be disclosed by the Receiving Party to its

respective employees, agents, officers, directors, subsidiaries, associated companies,

shareholders and advisers ("Representatives") on a need-to-know basis

and for the purposes of the Project, provided that the Receiving Party takes whatever

steps are necessary to procure that such Representatives agree to abide by the terms

of this Agreement to prevent the unauthorized disclosure of the Confidential Information

to Third Parties. For purposes of this clause, the Receiving Party's Representatives

shall be deemed to be acting, in the event of a breach, as the Receiving Party's duly

authorized agents.


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6.5. Except as otherwise contemplated in this Agreement, the Parties agree in favour of one

another not to utilize, exploit or in any other manner whatsoever use the Confidential

Information disclosed pursuant to the provisions of this Agreement for any purpose

whatsoever other than the Project without the prior written consent of the Disclosing

Party.

6.6. Accordingly, the Receiving Party hereby indemnifies the Disclosing Party, and shall

defend and hold the Disclosing Party harmless from and against any and all suits,

liabilities, causes of action, claims, losses, damages, costs (including, but not limited to,

cost of cover, reasonable attorneys' fees and expenses), or expenses of any kind

(collectively, "Losses") incurred or suffered by the Disclosing Party arising from or in

connection with the Receiving Party's or its Representative's use or disclosure of the

Disclosing Party's Confidential Information in violation of this Agreement.

7. TITLE

All Confidential Information disclosed by the Disclosing Party to the Receiving Party is

acknowledged by the Receiving Party to be proprietary to and the exclusive property of the

Disclosing Party. This Agreement shall not confer any rights of ownership or license on the

Receiving Party of whatever nature in the Confidential Information.

8. RESTRICTION ON DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION

The Receiving Party undertakes not to use the Confidential Information for any purpose other

than:

8.1. the Project; and

8.2. in accordance with the provisions of this Agreement.


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9. RETURN OF MATERIAL CONTAINING OR PERTAINING TO THE CONFIDENTIAL INFORMATION

9.1. The Disclosing Party may, at any time, and in its sole discretion request the Receiving

Party to return any material and/or data in whatever form containing, pertaining to or

relating to Confidential Information disclosed pursuant to the terms of this Agreement

and may, in addition request the Receiving Party to furnish a written statement to the

effect that, upon such return, the Receiving Party has not retained in its possession, or

under its control, either directly or indirectly, any such material and/or data.

10. EXCLUDED CONFIDENTIAL INFORMATION

The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not

apply to any Confidential Information that:

10.1. is known to, or in the possession of the Receiving Party prior to disclosure thereof by

the Disclosing Party;

10.2. is or becomes publicly known, otherwise than as a result of a breach of this Agreement

by the Receiving Party;

10.3. is developed independently of the Disclosing Party by the Receiving Party in

circumstances that do not amount to a breach of the provisions of this Agreement;

10.4. is disclosed by the Receiving Party to satisfy an order of a court of competent

jurisdiction or to comply with the provisions of any law or regulation in force from time to

time; provided that in these circumstances, the Receiving Party shall advise the

Disclosing Party to take whatever steps it deems necessary to protect its interests in

this regard and provided further that the Receiving Party will disclose only that portion

of the Confidential Information which it is legally required to disclose and the Receiving


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Party will use its reasonable endeavours to protect the confidentiality of such

Confidential Information to the greatest extent possible in the circumstances;

10.5. is disclosed to a Third Party pursuant to the prior written authorization and limited to the

extent of such approval of the Disclosing Party;

10.6. is received from a Third Party in circumstances that do not result in a breach of the

provisions of this Agreement.

11. TERM

11.1. Notwithstanding the date of signature hereof, this Agreement shall be binding on the

Parties with effect from the date on which a Disclosing Party shall first have disclosed

any Confidential Information to a Receiving Party.

11.2. This Agreement shall commence upon the date referred to in clause 11.1 and shall

endure for a period of 3 (three) years after the conclusion or withdrawal from Project

referred to herein.

12. BREACH

In the event that the Receiving Party should breach any of the provisions of this Agreement

and fail to remedy such breach within 7 (seven) business days from date of a written notice to

do so, then the Disclosing Party shall be entitled to invoke all remedies available to it in law

including, but not limited to, the institution of urgent proceedings as well as any other way of

relief appropriate under the circumstances, in any court of competent jurisdiction, in the event

of breach or threatened breach of the Agreement and/or an action for damages.


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13. AMENDMENTS

No amendment, interpretation or waiver of any of the provisions of this Agreement shall be

effective unless reduced in writing and signed by both Parties.

14. ENFORCEMENT

The failure or delay by the Disclosing Party to enforce or to require the performance at any time

of any of the provisions of this Agreement shall not be construed to be a waiver of such

provision, and shall not affect either the validity of this Agreement or any part hereof or the right

of the Disclosing Party to enforce the provisions of this Agreement.

15. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the Parties with respect to the subject

matter of this Agreement.

16. GOVERNING LAW

This Agreement and the relationship of the Parties in connection with the subject matter of this

Agreement and each other shall be governed and determined in accordance with the laws of

the Republic of South Africa.

17. DOMICILIA AND NOTICES

17.1. The Parties hereby choose domicilium citandi et executandi ("domicilium") for all

purposes under the Agreement as follows –

17.1.1. Part A –

Physical Address


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Postal Address - Telephone No -

Fax No -

Contact Person - [Counterparty]

Physical Address [insert details];

Postal Address - [insert details];

Telephone No - [insert details];

Fax No - [insert details];

Contact Person - [insert details].

17.2. Any notice given by one party to the other is deemed to have been received by the

addressee:

17.2.1. on the date on which the same was delivered to the addressee's address if

delivered by hand; or

17.2.2. on the 7th (seventh) calendar day after the date of posting if sent by pre-paid

registered post to the addressee's address; or

17.2.3. On dispatch, if sent to the addressee's then telefax number.

17.3. A party may change that party's addresses for this purpose, by notice in writing to the

other party, such a change of address being effective 7 (seven) days after the deemed

receipt by the addressee of such written notice. A similar notice will also be required in

respect of new or changed telephone and telefax numbers.

18. SEVERABILITY

In the event of any one or more of the provisions of this Agreement being held for any reason

to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability


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shall not affect any other provision of this Agreement, and this Agreement shall be construed

as if such invalid, illegal or unenforceable provisions were not a part of this Agreement, and this

Agreement shall be carried out as nearly as possible in accordance with its original terms and

intent.

19. PUBLICITY

Neither Party will make or issue any formal or informal announcement or statement to the

press or any Third Party in connection with this Agreement without the prior written consent of

the other Party.

SIGNED by the Parties and witnessed on the following dates and at the following places

respectively:

SIGNED at ______________________________ on ____________________________ AS WITNESS:

For: PART A Duly authorized

[Name of witness in print] [Specify full name of signatory] SIGNED at ______________________________ on _____________________________ AS WITNESS:

For: [COUNTERPARTY] Duly authorized

[Name of witness in print] [Specify full name of signatory]

Invitation to Tender for Supply and Installation of a Perimeter Fence

Documents

Transcript of Invitation to Tender for Supply and Installation of a Perimeter Fence