Tender No.: 465S/2011/12 - City of Cape Town

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Tender No.: 465S/2011/12 8.10.4 If the supplier is an employer as defined in the Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 (‘COIDA’), the supplier shall attach proof of registration/insurance in terms of COIDA to Schedule 11. This may take the form of either a certified copy of a valid Letter of Good Standing issued by the Compensation Commissioner, or proof of insurance with a licenced compensation insurer, from either the supplier’s broker or the insurance company itself. 8.11 Value Added Tax – Clause 32 of the GCC 8.11.1 Where a supplier, in the course of carrying on business, delivers taxable supplies exceeding R1 million, the supplier must be registered with the South African Revenue Service for value added tax (VAT) purposes. The supplier’s attention is drawn to Section 23 of the Value Added Tax Act, Act 89 of 1991. Failure to comply with Act 89 of 1991 shall constitute a material breach of the Contract. 8.11.2 It is a requirement of this Contract that the amount of VAT must be shown clearly on each invoice. The supplier’s attention is drawn to Section 40 of the Value Added Tax Act, Act 89 of 1991. 8.11.3 The VAT registration number of the City of Cape Town is 4500193497. 8.11.4 It is the responsibility of the supplier to submit updated original tax clearance certificates to the Supplier Management Office (in the Supply Chain Management department on the 8 th Floor, Civic Centre, Cape Town) should any current certificate expire during the contract period. Failure to do so may lead to the suspension of transactions with the supplier until a valid tax clearance certificate is received (during which time the CCT reserves the right to obtain the relevant goods or services from alternative sources). 8.12 Purchase Orders The City will issue official Purchase orders for services required under this contract. No work should be undertaken without a relevant Purchase Order that is addressed to the successful Tenderer. The relevant Purchase Order number must be shown on every invoice. 8.13 Quantities Tenderers should note that the quantities on the Price Schedule are anticipated quantities. It must be clearly understood that the Council will order oly those quantities which it actually requires from time to time and in fact may not order any quantity at all depending on available funds and changing circumstances. 70
Tender No.: 465S/2011/12 TABLE OF CLAUSES (9) GENERAL CONDITIONS OF CONTRACT (National Treasury - General Conditions of Contract (revised July 2010)) 1. Definitions 2. Application 3. General 4. Standards 5. Use of contract documents and information; inspection 6. Patent rights 7. Performance security 8. Inspections, tests and analysis 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Contract amendments 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Dumping and countervailing duties 25. Force majeure 26. Termination for insolvency 27. Settlement of disputes 28. Limitation of liability 29. Governing language 30. Applicable law 31. Notices 32. Taxes and duties 33. National Industrial Participation Programme (NIPP) 34. Prohibition of restrictive practices 1. Definitions 1. The following terms shall be interpreted as indicated: 1.1 ‘Closing time’ means the date and hour specified in the bidding documents for the receipt of bids. 1.2 ‘Contract’ means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.3 ‘Contract price’ means the price payable to the supplier under the contract for the full and proper performance of his or her contractual obligations. 1.4 ‘Corrupt practice’ means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. 1.5 ‘Countervailing duties’ are imposed in cases in which an enterprise abroad is subsidised by its government and encouraged to market its products internationally. 1.6 ‘Country of origin’ means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly 71
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Tender No.: 465S/2011/12 TENDER DOC
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Tender No.: 465S/2011/12 (3) CONTRA
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Tender No.: 465S/2011/12 1. SCOPE O
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Tender No.: 465S/2011/12 - City of Cape Town

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