TENDER NO.: SU/T18/2021 - (LATE TENDERS WILL NOT BE ACCEPTED) FOR THE SUPPLY OF GOODS/SERVICES: Stellenbosch University
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TENDER NO.: SU/T18/2021
FOR THE SUPPLY OF GOODS/SERVICES:
Development of a new website for Stellenbosch University
CLOSING DATE AND TIME: 15 March 2021- 12h00
(LATE TENDERS WILL NOT BE ACCEPTED)TENDER NO: SU/T18/2021
2
*Index of documents:
1. Invitation to tender
2. Requirements for Submitting Tender/Procedure:
2.1 Form A: Company Details;
2.2 Form B: Declaration and Undertaking of Tenderer;
2.3 Form C: Guarantee;
2.4 Form D: Installation and Service Requirements;
2.5 Certificate A: B-BBEE Accreditation;
2.6 Certificate B: Collusive Tender Certificate;
3. Operational terms:
3.1 Schedule A: Price Schedule;
3.2 Schedule B: Specification Document;
4. General Terms and Conditions
5. Additional documents attached by the Tenderer: Please specify
a) ____________________________________________;
b) ____________________________________________;
c) ____________________________________________.
1. INVITATION TO TENDER
1.1. Tenderers interested in supplying the goods/services specified in this tender document, will be
bound by the terms and conditions contained herein to Stellenbosch University (“SU”).
1.2. Tenderers are requested to complete this set of documents* and deliver documents, in a
sealed envelope, marked with the above mentioned tender number, to the address set out
under the heading of ‘Requirements for Submitting a Tender/Procedure.’
1.3. DOCUMENTS MUST REACH SU BY NO LATER THAN 12h00 ON 15 March 2021. LATE TENDERS
WILL NOT BE ACCEPTED.
1.4. Upon receipt of tender documents, a tender remains open for acceptance until 15 April 2021
1.5. Upon acceptance by SU of a tender in response to this invitation to tender, the parties enter
into a contract governed by the terms and conditions contained in all the documents
comprising this set of tender documents.
____________________________ ____________________________
H.A.J. Lombard DATE :
Chief Director: Finance
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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2.REQUIREMENTS FOR SUBMITTING A TENDER/PROCEDURE
1.1 TENDERS MAY BE EMAILED
Head: Purchasing and Provisions Services
Stellenbosch University
Off Merriman Avenue
STELLENBOSCH
1.2 are responsible for submitting tenders on time. Tenders received after the closing date/time
will be regarded as a late submission, and will not be considered.
1.3 Tenders submitted by fax, or similar means will not be considered.
1.4 Additional information/documentation submitted with tenders must be listed in the index of
documents, and be attached to the back of the tender documents submitted.
1.5 If there is insufficient space provided for any information to be furnished in terms of this
tender, such additional information may be submitted on loose pages, and added to the
relevant division.
1.6 The tenderer is responsible to ensure that all pages of this tender document are submitted,
and SU will not accept any responsibility in this regard.
1.7 Tender documents must be completed in black or blue ink or with a mechanical aid.
1.8 Each tender must be submitted in a separate sealed envelope.
1.9 The following information must be reflected on the cover of the sealed envelope:
(a) Name of tender;
(b) Tender number;
(c) Closing date and time of the tender;
(d) Tenderer’s full name.
1.10 Only tenders which comply with the requirements set out in this paragraph 2 will be considered
in the tender process.
1.11 Tender documents must be completed on all relevant issues relating to the Tenderer and
goods/services to be supplied. All pages of the tender document must be signed in the spaces
provided. All pages of the tender document must be submitted, regardless of whether
information is submitted or not. Provisions which clearly do not apply to a particular tender
must be crossed out.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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1.12 DOCUMENTS TO BE SUBMITTED WITH TENDER:
In order for a tender to be considered, the following documents must be submitted with your
tender. Please (√) in the appropriate block where documents were provided:
No. Document Yes No
1. Current Tax Clearance Certificate
2. Environmental Declaration – only applicable to tenders where value
exceeds ZAR 1,000,000.00 (This is a declaration with regards to your
company’s commitment to employing environmentally friendly
processes and to reducing your carbon footprint)
3. Labour Practices Declaration – only applicable to tenders where value
exceeds ZAR 1,000,000.00 (This is a declaration with regards to your
company’s commitment to employing fair labour practices and that you
are in compliance with SA Labour Laws. NOTE: COIDA or Certificate of
Good Standing is NOT acceptable. International Companies must be in
compliance with their home country’s Labour Laws.
4. One original, electronic copy
5. Attach the following documents with the applicable reference number
to tender document:
a) Certificates from Regulatory Authorities relevant to your industry
6. Tenders will only be accepted if the following forms and certificates, as included with
tender documents, have been duly completed and signed:
Form A: Company Details
Form B: Declaration and Undertaking of Tenderer
Form C: Guarantee
Form D: Installation and Service Requirements
Certificate A: BBBEE Accreditation
Certificate B: Collusive Tender Certificate
7. Please confirm whether the tender document has been completed in
full? Incomplete documents will not be considered
PLEASE NOTE THE FOLLOWING:
• Failure to comply with the above will result in disqualification from the tender process.
• All official correspondence, general enquiries and/or enquiries with regard to the outcome
of this tender will be dealt with by the Offices of Purchasing and Provision Services.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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• Enquiries relating to this tender must be addressed to the Offices of Purchasing and Provision
Services for the attention of: Wayde Davidse, contact number: +27-21-808 4503; e-mail:
davidse@sun.ac.za
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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FORM A: TENDERER’S DETAILS
Please complete in print – writing must be legible:
Full/Registered Name:
Registration/Identity Number:
Physical Address:
Postal Code:
Representative Person/s Full
Name/s and Surname/s:
Contact Number/s:
Fax number:
E-mail address/es:
Type of entity: [Mark with ( )]
Sole Proprietor Private Company
Partnership Listed Company
Close Corporation Trust
Other (Specify):
Registration:
Date of Registration:
Affiliation:
Holding Company: [If applicable]
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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FORM B: DECLARATION AND UNDERTAKING OF TENDERER
I/We _____________________________________________ [Insert full names and surname]
(Identity number:_____________________________) the undersigned, do hereby declare in my/our
capacity as Tenderer, or as duly authorised agent of the Tenderer, in our capacity as managing
director, director, trustee, that –
1 The facts and information submitted in this tender document, and/or any
annexure/attachments, are true and accurate in all instances;
2 I/We understand the contents, and terms and conditions set out in the tender documents;
3 No person employed by SU will receive any benefits or any benefits in the future relating to
this tender;
4 No person employed by SU has any close family relationships with the Tenderer, or its
employees, shareholders, members, partners, directors or functionaries (all such relationships
must be declared, and attached to this declaration);
5 All relevant facts and information submitted in this document may be taken in account in
assessing a Tenderer to be placed on SU’s “Preferred Vendor” list;
6 I/We undertake to supply SU with the goods/services as specified hereinafter and for which a
quotation has been submitted, against the quoted price, and in accordance with the
operational terms and general terms and conditions recorded in this tender document;
7 Prices and rates submitted as per tender make provision for all my/our commitments incurred,
and relating to this tender;
8 All information submitted and listed in this application by an “Approved Vendor”, or to become
and be listed on the approved Preferred Vendor list of SU, must still be correct and intact,
except for changes that have been forwarded by registered mail or as listed in Form A of this
document;
9 I/We have been duly authorised to sign this tender document on behalf of the Tenderer.
SIGNED AT___________________________ON_________________________________20______
WITNESSES:
1. _________________________________;
2. _________________________________; _________________________________;
SIGNATURE OF DEPONENT, DULY
AUTHORISED THERETO
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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FORM C: GUARANTEE
1. Performance Guarantee:
1.1. Tenderer must state whether it is prepared to supply a performance guarantee: YES / NO
1.2. The guarantee, in the form of a bank guarantee or cash deposit must cover 10% (Ten Percent)
of the value of the goods/services to be delivered.
2. The parties agree to incorporate at minimum the guarantees set out in the Consumer
Protection Act, No. 68 of 2008 (“CPA”), sections 54, 56 and 57 read with section 55, which
guarantees will apply regardless of whether the CPA is applicable to this Agreement.
3. Additional guarantees in respect of goods/services: [Note: If different conditions apply to
different goods/services, please complete this Form C in respect of every such item, and insert
item numbers in accordance with quotation].
3.1. Are there any guarantees in respect of the goods/services in addition to paragraph 2?
YES/NO
3.2. If the answer to paragraph 3.1 is YES, please specify:
_________________________________
____________________________________________________________________________
;
3.3. Guarantee Period:
_____________________________________________________________;
[Note: In the event that goods are to be installed, the guarantee period will come into effect
upon installation, and the goods being in a satisfactory working condition
3.4. Specify expected life of the goods:
________________________________________________;
3.5. Does the Tenderer have at his/its disposal the services of qualified technicians for the
maintenance of the goods? YES / NO
3.6. Is the Tenderer:
3.6.1. the producer/manufacturer of the goods: YES / NO
3.6.2. an accredited agent for the goods: YES / NO
3.6.3. importer: YES / NO
3.6.4. distributor/retailer: YES / NO
3.7. Specify the value of spares in respect of the goods kept in stock by Tenderer: R ___________;
3.8. For how long does tenderer guarantee to supply:
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3.8.1. Maintenance
services:_____________________________________________________;
3.8.2. Spares: _______________________________________ irrespective of whether he/it
retains or loses his/its agency.
3.9. Specify:
3.9.1. Apparatus required to carry out maintenance:__________________________________
_______________________________________________________________________
;
3.9.2. Cost of such apparatus: R __________________________________________________.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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FORM D: INSTALLATION AND SERVICE REQUIREMENTS
[Note: If different terms apply to different items, complete Form D in respect of every item. Please
insert applicable item numbers according to quotation.]
1 Volume: Length____________ m Width ____________m
Height ____________ m
2 Mass: ____________ kg
3 Services required:
3.1. Electricity:
3.1.1. Single phase AC ____________ V ____________A
3.1.2. Three phase AC ____________ V ____________A
3.1.3. CD ____________V ____________ A
3.2. Compressed air: ____________ kPa ____________ m/h
3.3. Vacuum: Specify ____________ ____________
3.4. Gas: Specify ____________ ____________
3.5. Temperature: Max: ____________°C Minimum:____________
°C
3.6. Relative humidity: Max: ____________% Minimum:____________%
3.7. Water:
3.7.1. Tap water ____________________l/minute at:
__________________°C
3.7.2. Deionised water ____________________l/minute at:
__________________°C
3.7.3. Soft water ____________________l/minute at:
__________________°C
3.7.4. Hot water ____________________l/minute at:
__________________°C
3.7.5. Chilled water ____________________l/minute at:
__________________°C
3.8. Removal of waste gas: ______________________m/h at: __________________°C
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3.9. Ventilation: _____________________ m/h ___________________m/h
3.10. Sound isolation: YES / NO
3.11. Illumination: _________________________________________________________________;
3.12. Other:_______________________________________________________________________
;
3.13. Space required for operation and maintenance: _____________________________________;
3.14. Requirements for assembling/mounting such as special foundations, affixing points, etc:
Specify:______________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
X
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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CERTIFICATE A: B-BBEE ACCREDITATION
PLEASE NOTE THE FOLLOWING:
• A copy of Tenderer’s current B-BBEE certificate must be attached to tender response.
• Tenderers who fail to submit a current B-BBEE certificate, will not be scored for B-
BBEE, and will therefore receive zero points for B-BBEE. Alternatively tenderers may
complete an Exempted Emerging Micro Enterprise (EME) Affidavit (for income not
exceeding R10m p/a) or an Exempted Qualifying Small Enterprise (QSE) Affidavit (for
income not exceeding R50m p/a), attached hereto.
I/We _____________________________________[Insert full names and surname] (Identity
number:____________________________________) in my/our capacity as _______________
hereby declare that the information in respect of my/the Tenderer’s B-BBEE status as furnished
above is both true and correct.
SIGNED AT___________________________ON_________________________________20______
WITNESSES:
1 _________________________________;
2 _________________________________; _________________________________;
SIGNATURE OF DEPONENT, DULY
AUTHORISED THERETO
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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SWORN AFFIDAVIT – B-BBEE EXEMPTED MICRO ENTERPRISE –
SPECIALISED ENTITY - GENERAL
I, the undersigned,
Full name & Surname
Identity number
Hereby declare under oath as follows:
1. The contents of this statement are to the best of my knowledge a true reflection of
the facts.
2. I am a Director of the following enterprise and am duly authorised to act on its
behalf:
Enterprise Name:
Trading Name (If
Applicable):
Registration Number:
Enterprise Physical
Address:
Type of Entity (NPO,
PBO etc.):
Nature of Business:
Definition of “Black As per the Broad-Based Black Economic Empowerment Act 53 of
People” 2003 as Amended by Act No 46 of 2013 “Black People” is a generic
term which means Africans, Coloureds and Indians –
(a) who are citizens of the Republic of South Africa by birth or
descent; or
(b) who became citizens of the Republic of South
Africa by naturalisation-
i. before 27 April 1994; or
ii. on or after 27 April 1994 and who would have been
entitled to acquire citizenship by naturalization
prior to that date;”
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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Definition of “Black “Black Designated Groups means:
Designated Groups”
(a) unemployed black people not attending and not required
by law to attend an educational institution and not
awaiting admission to an educational institution;
(b) Black people who are youth as defined in the
National Youth Commission Act of 1996;
(c) Black people who are persons with disabilities as defined
in the Code of Good Practice on employment of people
with disabilities issued under the Employment Equity Act;
(d) Black people living in rural and under developed areas;
(e) Black military veterans who qualifies to be called a
military veteran in terms of the Military Veterans
Act 18 of 2011;”
I hereby declare under Oath that:
• The Enterprise has % Black Beneficiaries as per Amended
Code Series 100 of the Amended Codes of Good Practice issued under
section 9 (1) of B-BBEE Act No 53 of 2003 as Amended by Act No 46 of
2013,
• The Enterprise has % Black Female Beneficiaries as per
Amended Code Series 100 of the Amended Codes of Good Practice
issued under section 9 (1) of B-BBEE Act No 53 of 2003 as Amended by
Act No 46 of 2013,
• The Enterprise has % Black Designated Group
Beneficiaries as per Amended Code Series 100 of the Amended Codes
of Good Practice issued under section 9
(1) of B-BBEE Act No 53 of 2003 as Amended by Act No 46 of 2013,
• Black Designated Group Beneficiary % Breakdown as per the definition stated
above:
• Black Youth % = %
• Black Disabled % = %
• Black Unemployed % = %
• Black People living in Rural areas % = %
• Black Military Veterans % = %
• Based on the Financial Statements/Management Accounts and other
information available on the latest financial year-end of , the annual
Total Revenue/Allocated Budget/Gross Receipts was R10,000,000.00
(Ten Million Rands) or less
• Please Confirm on the below table the B-BBEE Level Contributor, by
ticking the applicable box.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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At Least 75% Black Level One (135% B-BBEE
Beneficiaries procurement recognition level)
At Least 51% Level Two (125% B-BBEE
Black procurement recognition level)
Less than 51%
Beneficiaries Level Four (100% B-BBEE
Black Beneficiaries procurement recognition level)
3. I know and understand the contents of this affidavit and I have no
objection to take the prescribed oath and consider the oath binding on
my conscience and on the Owners of the Enterprise which I represent
in this matter.
4. The sworn affidavit will be valid for a period of 12 months
from the date signed by commissioner.
Deponent Signature:
Date:
Commissioner of Oaths
Signature & stamp
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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SWORN AFFIDAVIT – B-BBEE QUALIFYING SMALL ENTERPRISE -
GENERAL
I, the undersigned,
Full name & Surname
Identity number
Hereby declare under oath as follows:
1. The contents of this statement are to the best of my knowledge a true reflection of
the facts.
2. I am a Member / Director / Owner of the following enterprise and am duly
authorised to act on its behalf:
Enterprise Name:
Trading Name (If
Applicable):
Registration Number:
Enterprise Physical
Address:
Type of Entity (CC, (Pty)
Ltd, Sole Prop etc.):
Nature of Business:
Definition of “Black As per the Broad-Based Black Economic Empowerment Act 53 of
People” 2003 as Amended by Act No 46 of 2013 “Black People” is a generic
term which means Africans, Coloureds and Indians –
(a) who are citizens of the Republic of South Africa by birth or
descent; or
(b) who became citizens of the Republic of South
Africa by naturalisation-
i. before 27 April 1994; or
ii. on or after 27 April 1994 and who would have been
entitled to acquire citizenship by naturalization
prior to that date;”
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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Definition of “Black “Black Designated Groups means:
Designated Groups”
(a) unemployed black people not attending and not required
by law to attend an educational institution and not
awaiting admission to an educational institution;
(b) Black people who are youth as defined in the
National Youth Commission Act of 1996;
(c) Black people who are persons with disabilities as defined
in the Code of Good Practice on employment of people
with disabilities issued under the Employment Equity Act;
(d) Black people living in rural and under developed areas;
(e) Black military veterans who qualifies to be called a
military veteran in terms of the Military Veterans
Act 18 of 2011;”
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3. I hereby declare under Oath that:
• The Enterprise is % Black Owned as per Amended Code
Series 100 of the Amended Codes of Good Practice issued under
section 9 (1) of B-BBEE Act No 53 of 2003 as Amended by Act No
46 of 2013,
• The Enterprise is % Black Female Owned as per
Amended Code Series 100 of the Amended Codes of Good Practice
issued under section 9 (1) of B-BBEE Act No 53 of 2003 as
Amended by Act No 46 of 2013,
• The Enterprise is % Black Designated Group Owned as
per Amended Code Series 100 of the Amended Codes of Good
Practice issued under section 9 (1) of B-BBEE Act No 53 of 2003 as
Amended by Act No 46 of 2013,
• Black Designated Group Owned % Breakdown as per the definition stated above:
• Black Youth % = %
• Black Disabled % = %
• Black Unemployed % = %
• Black People living in Rural areas % = %
• Black Military Veterans % = %
• Based on the Financial Statements/Management Accounts and other
information available on the latest financial year-end of , the annual
Total Revenue was between R10,000,000.00 (Ten Million Rands) and
R50,000,000.00 (Fifty Million Rands),
• Please confirm on the table below the B-BBEE level contributor, by
ticking the applicable box.
100% Black Owned Level One (135% B-BBEE procurement recognition level)
At Least 51% black owned Level Two (125% B-BBEE procurement recognition
level)
4. I know and understand the contents of this affidavit and I have no
objection to take the prescribed oath and consider the oath binding
on my conscience and on the owners of the enterprise which I
represent in this matter.
5. The sworn affidavit will be valid for a period of 12 months
from the date signed by commissioner.
Deponent Signature:
Date:
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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Commissioner of Oaths
Signature & stamp
CERTIFICATE B: COLLUSIVE TENDER CERTIFICATE
[To be completed and signed by the Tendering Company]
In this certificate the word ‘person’ includes any persons and any body or association corporate or
otherwise; and the words ‘any agreement or arrangement’ includes any such transaction formal or
informal whether legally binding or not.
I/We _____________________________________________[Insert full names and surname] (Identity
number:_____________________________) the undersigned, do hereby declare in my/our capacity
as Tenderer, or as duly authorised agent of the Tenderer, in our capacity as managing director,
director, trustee, that –
1 I/We certify that this is a bona fide tender and that I/we have not fixed or adjusted the amount
of the tender by or in accordance with any agreement or arrangement with any other person.
2 I/We also certify that I/we have not done, and undertake not to do before the time and date
specified for the return of this tender, any of the following acts –
2.1. communicate to a person, other than the person calling for those tenders, the amount or
approximate amount of the proposed tender, except where the disclosure of the
approximate amount of the tender is in confidence and necessary to obtain insurance
premium quotations required for the preparation of the tender;
2.2. enter into any agreement or arrangement with any other person that he/it will refrain
from tendering, or as to the amount of any tender to be submitted;
2.3. offer or pay or give or agree to pay or give any sum of money or consideration directly or
indirectly to any person for doing or having done or causing or having caused to be done
in relation to any other tender or proposed tender for the said work any act described
above.
3 I/We further certify that the principles described in this certificate have been, or will be, brought
to the attention of all sub-contractors, suppliers and/or associate companies providing services
or materials connected with the tender, and that any contract entered into with sub-
contractors, suppliers and/or associated companies will be made by all parties on the above
basis and in compliance with the above principles.
4 I confirm that any breach of the conditions of this certificate will inevitably lead to the rescission
of the contract entered by SU and the Tenderer, as set out in these tender documents.
SIGNED AT___________________________ON_________________________________20______
WITNESSES:
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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1. _________________________________;
2. _________________________________; _________________________________;
SIGNATURE OF DEPONENT, DULY
AUTHORISED THERETO
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3 OPERATIONAL TERMS
3.1. Evaluation of Criteria:
SU will apply a multi-criteria approach in evaluating the prospective tenders. It is envisaged that the
following criteria will be applied in evaluating prospective tenders:
3.1.1. Scope of work
3.1.2. BBBEE
3.1.3. Showcase
3.1.4. Pricing
3.1.5. Timeline and milestones
3.1.6. Technology
3.1.7. Approach and Methodology
3.1.8. Track record
3.2. Submission of Samples:
3.2.1. Whenever samples are required in accordance with the terms or specifications of the tender,
samples must be submitted and delivered to the address set out in paragraph 2.1 before the
tender closing date and time. Any delivery costs must be prepaid by the tenderer.
3.2.2. Samples must be clearly marked with tender number, item number and tenderer’s name. At
delivery of the sample, a sample receipt will be issued which must be retained to reclaim the
samples after evaluation.
3.2.3. Samples in respect of goods which are accepted will be kept until the contract has been duly
completed. Samples relating to tenders not accepted will be kept for the period of 60 (Sixty)
calendar days after the acceptance date of the tender. Unsuccessful tenderers may reclaim
their samples on weekdays (Monday to Friday) between 08h00 and 16h00, except on SU
holidays and public holidays, at the address where it was submitted after the 60 (Sixty)
calendar days’ period has expired. Samples will only be returned on submission and
presentation of the issued sample receipt. All samples which are not claimed within 30
(Thirty) calendar days after expiry of the 60 (Sixty) calendar day period, will be sold by SU for
its benefit.
3.2.4. SU may elect not to consider tenders in cases where samples have been asked for, but have
not been submitted.
3.2.5. Goods which are submitted as samples, must be of the same quality as specified in the tender
and, unless otherwise is specified, be new and unused and not previously used for
demonstration purposes.
3.2.6. If it is deemed necessary for samples to be tested, it may be tested by SU or tested elsewhere
by a third party. Any cost and/or damage that may result during testing will be for the
Tenderer’s account. If these goods do not comply with the specifications and stipulations of
the tender, SU reserves the right to reject the tender.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3.2.7. In the event where SU cannot prescribe the full and complete specification, or where a
tenderer wants to propose an alternative, or submit a sample, it is imperative that the
alternative is specified in detail and submitted with complete illustrative literature.
3.3. Costs:
3.3.1. A comprehensive Price Schedule must be attached to this tender document as at
Schedule A.
3.3.2. Unless otherwise requested in the specifications of this tender document, all prices
quoted must be inclusive of Value Added Tax (VAT) (where applicable); all transportation
costs; installation costs; and delivery costs up to the specified point of delivery on the
grounds of SU.
3.3.3. All prices must be quoted in South African Rands (ZAR) on a fixed and firm basis. Please
note that forward cover is the responsibility of the tenderer. SU will therefore not
consider any price increase resulting from currency fluctuations.
3.3.4. When promotions are launched and these prices are lower than the contracted prices,
the tenderer undertakes to pass these benefits on to SU.
3.3.5. General:
(a) Discount (if any) ______________________________;
(b) Cash Discount ______________________________;
(c) Trade Discount ______________________________;
(d) Settlement Discount (30 (Thirty) days after
month end statement, or as otherwise agreed) ______________________________;
(e) Goods collected ______________________________;
3.3.6. Additional Costs (if any):
(a) Import ______________________________;
(b) Transport ______________________________;
(c) Packing ______________________________;
(d) Delivery ______________________________;
3.4. Delivery terms:
3.4.1. Contract Period from: ___________________________ to __________________________;
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3.4.2. Will goods be delivered: YES / NO
3.4.3. If goods will be delivered please specify: a) mode of delivery; and, b) Incoterm (where
applicable):
a) _______________________________________________________________________;
b) _______________________________________________________________________ .
3.4.4. Are prices and delivery terms fixed and firm for duration of the contract: YES / NO
3.4.5. Minimum order quantity (if applicable): ______________________________;
3.4.6. General:
a) All goods must be packed in such a way that they are delivered in an undamaged
condition.
b) When the standard packing differs from the quantity as specified on the quotation, this
should be indicated, but prices must be for packing as requested.
c) Delivery Address: Stellenbosch University, Stellenbosch
d) Delivery Date: Tenderer must advise as to earliest delivery date.
e) Delivery must be in compliance with SU’s instructions as indicated on official SU order;
3.4.7. Passing of Risk:
Unless otherwise is agreed, the risk for loss, damage or depreciation of goods will only
pass to SU with the physical delivery of the undamaged goods to SU stores or any other
physical address on SU grounds, as requested.
3.5. Supply of Goods:
3.5.1. Goods manufactured in the RSA must comply with the South African Bureau of Standards
(“SABS”) specifications and must be supplied by Tenderers if and when possible in preference
to imported goods.
3.5.2. When goods are supplied/manufactured according to SABS specifications:
3.5.2.1. the relevant test reports (not older than 12 (Twelve) calendar months) must be
available when requested by the SU;
3.5.2.2. in case of the Tenderer not being a SABS permit holder, a SABS audit certificate
(not older than 12 (Twelve) calendar months) must be available when requested
by the SU;
3.5.2.3. in compliance with SABS 0157 “Quality control management” (manufacturing
facilities, quality control and management) parts I, II and III certificate should be
available on request.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3.5.3. Unless otherwise specified, all goods supplied must be new and unused and must not
even have been used for demonstration purposes.
3.5.4. Goods supplied must be in accordance with specifications and/or sample provided to the
SU in terms of paragraph 3.2 above.
3.5.5. If SU deems it necessary, delivered goods may be subject to testing to comply with the
relevant specifications and design of the samples. If the goods do not comply with the
specific standards, SU reserves the right to reject it. Any reasonable costs incurred by SU
in such a case will be for the Tenderer’s account.
3.5.6. IMPORTANT:
The quantities indicated on the specification document are an estimate only, based on
historical figures. SU therefore does not guarantee that these exact quantities will be
ordered. Tenderers should be prepared to supply the detailed items as and when
required during the contract period.
3.6. Technical Information:
3.6.1. The Tenderer must supply SU with the relevant technical information in respect of the
goods, which must be quoted for separately should it not be included in the price of the
goods.
3.6.2. This technical information includes:
3.6.2.1. comprehensive installation, operating, servicing and maintenance instructions;
3.6.2.2. lists of available spares, including: description of spares, capacity/size, and part
number; and,
3.6.2.3. writing and/or circuit diagrams. “As Built” construction drawings clearly
dimensioned to show all services.
3.7. Payment:
3.7.1. As soon as the goods/services have been delivered or supplied, the Contractor must
submit invoices in duplicate to SU at the address stipulated in this Agreement, together
with full details of the claim. All prices must be inclusive of Value-Added Tax (“VAT”).
3.7.2. Unless otherwise agreed upon, payment will be effected within 30 (Thirty) calendar days
after receipt of Contractor’s monthly statement and satisfactory supply of the
goods/services by the Contractor.
3.7.3. Payment will be effected by SU by means of an Electronic Funds Transfer (EFT) directly
into the bank account specified by the Contractor.
3.7.4. Unless SU agrees otherwise in writing, no claims for payment for the provision of the
goods/services, other than in terms of this clause 3.7 is permitted.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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3.7.5. The Contractor will be responsible for accounting to the Receiver of Revenue for VAT,
and other applicable taxes and duties, whether on income or expenditure.
3.8. Performance of Work, Staff, Materials, Standards Landscaping and Equipment:
3.8.1. General: Unless otherwise agreed between Mr Wayde Davidse and the successful
Tenderer (“the Contractor”), in writing –
3.8.1.1. the Contractor assumes full responsibility for the safety of his/its staff, material
and equipment on SU grounds/site;
3.8.1.2. the Contractor and his/its staff will be subject to SU’s traffic directives;
3.8.1.3. the Contractor’s work methods must be in accordance with accepted standard
practice, and in compliance with SABS procedures and codes (where applicable);
3.8.1.4. the Contractor must meet all the statutory and local authority standards and
practices and comply with SABS procedures and codes (where applicable);
3.8.1.5. the Contractor must clean the work area daily should the work area coincide with
any other area of activity of SU, and the Contractor must remove or have removed
at his/its own cost, all rubble from the site on a weekly basis;
3.8.1.6. the Contractor must repair all damage caused in carrying out of works, clean the
site and remove all rubble or have it removed from the site before handing over
the goods/site upon completion of works, failing which the SU will carry out such
repairs, removal and/or clean the site at the Contractor's expense;
3.8.1.7. the Contractor must provide the SU with an acceptable guarantee against any loss,
direct or indirect, caused by damage to the goods by the Contractor or his/its staff;
3.8.1.8. the Contractor must complete the work/s to the satisfaction of SU’s official in
charge of the specific project, and must hand over the goods/site on, or before the
agreed date of completion; and,
3.8.1.9. the Contractor is responsible to ensure that: all equipment/apparatus complies
with the Health and Safety Act, No. 85 of 1993 (“the Safety Act”); that all
equipment/tools and apparatus being used in the activity/process comply with the
Act; and that all staff in his/its service acts within the confines of the Safety Act at
all times.
3.9. Satisfactory Completion of Work:
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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Before the SU will consider the work to be satisfactorily completed: completed work must be
properly certified on an approved certificate of payment, supported by a written evaluation of
the completed work, including the provision of any information which SU may deem necessary
in order to maintain any equipment which the Contractor supplied or made operable in terms
of this tender.
Retention of Fees:
3.9.1. SU may in its sole discretion hold back fees in order to repair any defects in the goods
supplied/works carried out (“the Retention Amount”).
3.9.2. SU may hold back a Retention Amount equal to 10% (Ten Percent) of the total contract
value until such a stage as 90% (Ninety Percent) of the contract has been certified as
completed by SU; whereupon the Retention Amount will be reduced to 5% (Five Percent)
of the total contract value, which reduced Retention Amount will be held back for a
period of 2 (Two) calendar months after the date of completion and handover of the
goods/site (see paragraph 3.9 with regard to satisfactory completion of work).
3.9.3. No interest will accrue to the benefit of the Contractor on the Retention Amount.
3.10. Penalties for Late Completion:
3.10.1. If a written agreement is reached between SU and the Contractor in respect of the
completion date, be it in this tender document, or agreed upon at any stage during the
contract/carrying out of works, the Contractor will pay a penalty for late completion in
an amount equal to 2, 5% (Two Point Five Percent) of the total contract value per month
for which works are not completed, or any part thereof during which works are not
completed to the satisfaction of SU (see paragraph 3.9 with regard to satisfactory
completion of work).
3.10.2. The Contractor unconditionally authorises SU to recover such penalties from any amount
owing to the Contractor. Should penalties exceed the amount owing to the Contractor,
the Contractor undertakes to pay such penalties on SU’s demand.
3.11. Maintenance:
3.11.1. If the tender involves maintenance work, this is only a request to submit a quotation
for maintenance of the goods. An agreement will only come into effect upon SU’s
written notice of acceptance of the quotation.
3.11.2. Should the price of maintenance as included in the quote, not be all inclusive, the
Contractor undertakes to submit a quotation in respect of every additional cost which is
expected to exceed R 100.00 (One Hundred Rand). SU’s written approval as to such
additional cost will be required before commencement.
3.11.3. Any maintenance agreement entered into between SU and the Contractor will come into
effect upon SU’s written acceptance, and endure for 12 (Twelve) calendar months as from
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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the date of acceptance (“the Initial Period”), on expiry of the Initial Period of the
maintenance agreement will be automatically renewed for another period of 12 (Twelve)
calendar months, unless such agreement is terminated by either one of the parties on 30
(Thirty) calendar days written notice of termination.
3.11.4. Should the Contractor fail to maintain the goods, or violate any term of this agreement,
SU reserves the right, without prejudice to its rights, to request another contractor to
maintain the goods or to terminate such agreement immediately. Any additional cost
incurred by the SU in this regard will be for the account of the Contractor.
3.11.5. Goods must be repaired within 48 (Forty Eight) hours after a request to this effect has
been submitted to the Contractor by SU. Should this not be possible, or if goods must be
taken to the Contractor's premises for repair, the Contractor undertakes to provide SU
with alternative suitable facilities/goods, free of charge.
3.11.6. Specify:
a) Price of maintenance of goods: R ______________________________________;
b) If the aforementioned price is not an all-inclusive charge, please specify what is
excluded: _________________________________________________________;
c) How many scheduled calls per year with the purpose of general inspection and
preventative maintenance will be made: ________________________________ .
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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SCHEDULE A: PRICE SCHEDULE [TO BE ATTACHED BY TENDERER]
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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SCHEDULE B (attached): SPECIFICATION DOCUMENT
Refer to Addendum A on page 38
4 GENERAL TERMS AND CONDITIONS
4.1. Interpretation:
Unless the context otherwise indicates –
4.1.1. “authorised agent” means a duly authorised person contracting on behalf of the
Contractor;
4.1.2. “Contractor” means the successful tenderer to whom the tender was awarded;
4.1.3. “goods” means the goods/services to be supplied by the Contractor, in consequence of
this tender;
4.1.4. “SU” means Stellenbosch University; and,
4.1.5. “Tenderer” means the person or entity submitting the tender.
4.1.6. "Confidential Information" means all information and materials disclosed, provided or
otherwise made accessible to the Tenderer preparatory to or in the course of performing
the Services, whether before or after formation of this Agreement, including the contents
of the Scope of Work, the policies, services, processes, procedures, methods,
formulations, facilities, products, plans, affairs, transactions, organisations and business
connections of Stellenbosch University and its Related Bodies Corporate but excludes
information that the Tenderer can prove:
(a) was in the public domain at the date Stellenbosch University made it
available to the Tenderer;
(b) subsequent to the date Stellenbosch University made it available to
the Tenderer, became part of the public domain otherwise than as a
result of disclosure by the Tenderer or the Tenderer's Personnel or
other person directly or indirectly in breach of this Agreement or
other obligation of confidentiality; or
(c) was in its possession at the time of disclosure by Stellenbosch
University to the Tenderer and was not otherwise acquired from
Stellenbosch University directly or indirectly.
4.1.7. "Discoveries" means all work, ideas, concepts, reports, designs, discoveries, inventions
(whether patentable or not) and Intellectual Property made by the Contractor or its
Personnel, alone or with others, in the course of performing the Services or otherwise
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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arising out of the use of any of the Company's time, materials, resources or facilities
including all computer programs, source codes, compilations, flowcharts, drawings and
software developed or adapted for specific application to or by the Company
4.1.8. "Related Body Corporate" means any affiliate, department, division or related party
4.1.9. "Tenderer IP" means all Intellectual Property which the Tenderer can demonstrate:
(a) was owned by the Tenderer as at the Date of Agreement; or
(b) came into existence after the Date of Agreement independently of
the performance of this Agreement and was not paid for by
Stellenbosch University;
4.1.10. Whenever the singular is used, the plural is implied and vice versa; words of gender
referring to male includes female and vice versa; any reference to natural persons
includes legal persons and vice versa.
4.1.11. Reference in this Agreement to any instrument, Act, by-law or regulation shall include
reference to any amendment, variation and/or substitution thereof.
4.1.12. Any special conditions in respect of the Goods must be recorded in an addendum to this
Agreement and be signed by both parties. Such Addendum and the Agreement shall
constitute the entire agreement between the parties, and shall supersede all previous
communication or representations between the parties.
4.1.13. In the event of any conflict between the General Terms and Conditions, the Operational
Terms, the specification document and any other documents or instructions, the order of
precedence shall be as follows: (a) the Operational Terms; (b) the General Terms and
Conditions; (c) the specification document; and, (d) any other documents or instructions.
4.1.14. This agreement shall be governed by and construed and interpreted in accordance with
the law of the Republic of South Africa.
4.1.15. Any amendment/s to these terms and conditions, the content of the tender documents
and/or the tender of the Contractor, must be in writing and signed by both SU and
Contractor or its authorised agent.
4.2. Legal Basis and Nature of Invitation to Tender:
4.2.1. The invitation by SU that tenders be submitted to it (“the Invitation”) does not constitute
an offer, but is merely an invitation that offers be submitted to it.
4.2.2. Each tender submitted to SU in response to the Invitation constitutes an offer on the part
of such Tenderer to deliver goods/services in accordance with the terms of its tender,
and subject to these terms and conditions, and the further terms contained in the tender
documents. SU may in its sole discretion elect to accept or reject such offer/tender.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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4.2.3. SU reserves the right, in its sole and unrestricted discretion, to reject any or all tenders
for any reason.
4.2.4. SU is not under any obligation to submit reasons for acceptance or non-acceptance of a
tender.
4.2.5. The lowest, or any tender, will not necessarily be accepted.
4.2.6. The Tenderer and Contractor acknowledge SU’s rights under this clause, and waive any
right of action against SU, concerning SU’s decision to accept or not accept its tender, or
any tender, whether such right of action arises in contract, negligence, bad faith, or any
other cause of action.
4.2.7. The acceptance of any tender is subject to the availability of budget funds, as well as the
approval of SU’s representative having authority to accept the proposal.
4.2.8. Unless otherwise requested in writing, a Tenderer must not contact or communicate with
any elected or appointed officer or employee of SU other than Mr Howard Christians
(“Tender Coordinator”) in relation to the tender, prior to the award of such tender as
outlined herein. Any such communication will result in disqualification of the tender from
further consideration.
4.2.9. SU must comply with the provisions of the Promotion of the Access to Information Act,
No. 2 of 2000 (“the Information Act”). Therefore, while the Information Act does offer
some protection for third party business interests, SU cannot guarantee that any
information provided to SU can or will be held in confidence.
4.2.10. A Tenderer and Contractor will not be entitled to repayment from SU for any costs,
expenses, or fees related to this Invitation and in no event will SU be liable to Tenderers
or Contractors for any cost or damages incurred in connection with the tender process,
including but not limited to, any and all costs of preparing a response to this Invitation or
any other costs incurred in reliance on this Invitation.
4.2.11. All supporting documentation submitted in response to this Invitation will become the
property of SU.
4.2.12. Every tender, unless explicitly otherwise specified, will be considered to be an unqualified
tender.
4.3. Acceptance of tender:
4.3.1. Until such time as a particular tender has been accepted by SU –
(a) nothing in this Invitation will be construed to create any legal
obligation on the part of SU, or any of its representatives;
(b) SU reserves the right, in its sole discretion, to at any stage amend,
suspend, terminate, or reissue this Invitation, in whole or in part;
(c) Tenderers may withdraw their interest in the Invitation, as more
information becomes known, on written notice to the e-mail address
set out above, for the attention of the Tender Coordinator.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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4.3.2. The Tenderer’s submission will contain all the information relevant to the Tenderer’s
tender, and if accepted by SU, will be binding upon the Tenderer who submitted the
tender. This Invitation, read with the terms of the accepted tender, will collectively
constitute “the Agreement” between SU and the Contractor, which Agreement will
govern any appointment and supply of goods, unless or until such time as a further
contract is entered into between SU and the appointed Contractor.
4.3.3. SU may accept a tender in principle, subject to further negotiations between the parties
relating to tender and contract conditions, in which case a contract will only come into
effect once the parties have come to agreement following post tender negotiations and
have confirmed such agreement in writing.
4.3.4. The Contractor may be issued with a further official purchase order for goods or a term
contract in the case of the provision of services.
4.4. General:
4.4.1. The Invitation to tender will provide sufficient information to enable the submission of a
detailed tender. Contractors are welcome to query any of the information in the
Invitation, provided that the query is put in writing and e-mailed to the Tender
Coordinator prior to the due date for the submission of tenders. Answers to queries
relating to the Invitation will be issued to all participating Tenderers.
4.4.2. The Invitation, including any plans, specifications and bills of quantities supplied by SU
are submitted to Tenderers for information/guideline purposes only, so as to enable
Tenderers to determine the terms of his /its tender, without any guarantee as to the
correctness of such information.
4.4.3. SU reserves the right:
(a) to stop or change this tender process, the requirements, terms and
conditions, project time scales or any other item, as it deems
appropriate and in its best interest to do so;
(b) not to appoint any one of the Tenderers participating in this
process.
(c) to make its decisions without having to disclose reasons for the
decisions.
(d) to appoint one or a number of Contractors who may be required to
work together.
4.5. Correspondence:
4.5.1. All correspondence must be submitted in writing (preferably e-mail) and must be
addressed to the Tender Coordinator, the details of whom are provided in the Invitation.
4.5.2. Communication with regard to the outcome of a tender will be made in writing from the
Offices of Purchasing and Provision Services. Please note that the Offices of Purchasing
and Provision Services is the only department at SU authorised to issue an official and
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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binding notice on the outcome of tenders, any communication from any other entity at
SU is not be valid in this regard, and will be deemed not to be binding on SU.
4.5.3. The tender number must be indicated and referred to in all correspondence.
4.6. Tenderers participating in this process are required to:
4.6.1. Follow the tender process only; Tenderers may not engage any SU staff directly with
matters that concern this Invitation.
(a) Submit the tender in the prescribed format by the date and time
required.
(b) Provide additional documentation as requested by SU.
(c) Conduct themselves within the terms of this tender process.
4.7. Tenderers not participating in this process are required to return all the documents pertaining
to the Invitation to the Tender Coordinator.
4.8. Failure to comply with the above requirements may result in immediate disqualification from
the tender process.
4.9. Obligations of Contractor if Appointed:
4.9.1. The Contractor(s) appointed as a result of this Invitation will be required to:
(a) conform to all the terms and conditions contained herein;
(b) fully and completely deliver the goods/services as described herein;
(c) deliver the goods/services in accordance with the time, cost and
quality requirements as called for and as proposed by the
Contractor(s) in its tender.
4.9.2. Contractors are required to carry sufficient stock, as goods may be ordered on short
notice.
4.10. Responsibility to be Aware, Completeness and Validity of Tender Response:
4.10.1. It is the Tenderer’s responsibility to be fully aware of the requirements of the Invitation
before submitting a tender.
4.10.2. The submission, as well as any proposals and costing that may be contained therein, will
remain valid for a period of 1 (One) calendar month from the lodgement date, within
which period it will be open for acceptance, and upon acceptance it will become binding
upon the successful Contractor.
4.11. Increase in Price/s Quoted:
4.11.1. The basis on which a price increase may be claimed by the Contractor must be submitted
with the tender.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________TENDER NO: SU/T18/2021
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4.11.2. Application for a price increase may be considered if submitted together with written
proof that it is due to circumstances beyond the control of the Contractor (e.g.
compulsory increase in the price of labour). A price increase brought about by the
circumstances within the control of the Contractor (e.g. voluntary increase in the price of
labour) will not be considered.
4.11.3. Increased prices will only be paid after they have been agreed to by SU. Any invoice
reflecting increased prices not agreed to by SU will only be paid at the agreed prices.
4.11.4. SU retains the right to accept a price increase or to cancel the contract as a whole or in
part.
4.12. Responsibility and Liability Regarding Equipment, Damage and Loss:
4.12.1. The Contractor will be responsible and liable for the repair, maintenance and insurance
of any equipment it may own and which is used in the delivery of the service/goods.
4.12.2. The Contractor will be required to adequately insure itself for public liability by taking out
insurance for General Public Liability.
4.12.3. The Contractor hereby assumes the risk of loss of, or damage to its property, and the
property of its contractors and suppliers at every tier and of bodily injury (including
death) to the employees of the Contractor and its said contractors and suppliers, as well
as any of any other claim, damage, loss including loss of profit or any indirect, special or
consequential loss, and/or expense arising out of the performance of this Agreement.
The Contract hereby indemnifies, and hold harmless SU, its officers, agents, employees,
contractors and suppliers at every tier from all claims for damage, loss, bodily injury or
death, the risk of which is assumed by the Contractor under this provision, whether or
not caused in whole or in part by the active or passive negligence of SU, provided
however, that this indemnity will not apply to wilful acts or gross negligence.
4.13 INTELLECTUAL PROPERTY
4.13.1 Ownership of Intellectual Property in Discoveries
The Tenderer acknowledges and agrees that:
a) nothing in this Agreement/Tender grants it any Intellectual Property or other
rights in Discoveries or any Intellectual Property created in carrying out the
Services;
b) Intellectual Property in all Intellectual Property vests exclusively in Stellenbosch
University;
c) Intellectual Property in all Discoveries arising as a result of the provision of the
Tender and/or Services or otherwise will vest exclusively in Stellenbosch
University; and
d) the Tenderer will execute and ensure that the Personnel execute all documents
that are necessary or desirable to ensure all work products and/or Discoveries
and all Intellectual Property rights in them become and remain vested in
Stellenbosch University.
e) The Tenderer hereby assigns any and all such Intellectual Property Rights to
Stellenbosch University, which Stellenbosch University accepts.
SIGNATURE BY TENDERER: ___________________________ DATE: ________________You can also read
