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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240-55149798 CONTROLLED DISCLOSURE TE Group Commercial,
Effective 01 August 2012
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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 27
TH
June 2014

TENDERERS 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



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
Posthuec@eskom.co.za


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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:


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 Banks
Letterhead) confirming the tenders 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 Purchasers 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. PURCHASERS GOODS INFORMATION

SCOPE OF WORK :


6. SUPPLIERS GOODS INFORMATION (Contract award stage only)


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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 PosthuEC@eskom.co.za

[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 PosthuEC@eskom.co.za

[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 Limiteds 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 Limiteds Undertakings

- [3.14] Rotek SOC Limited and Roshcon SOC Limiteds 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 Limiteds 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
min
1 90
P
P Pt
Ps

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

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

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

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

3. ADJUDICATION USING A POINT SYSTEM

3.1 The 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
min
1 90
P
P Pt
Ps
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 IRBAs 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 persons conduct;

(c) cancel the contract and claim any damages which it has suffered
as a result of having to make less favourable arrangements due to
such cancellation;

(d) restrict the 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 contractors assigning, leasing, making out work to, or
employing another person to support such primary contractor in the execution of part of a
project in terms of the contract.

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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Date: 04 October
2011
Rev 0

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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Date: 04 October
2011
Rev 0

*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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Date: 04 October
2011
Rev 0

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 Eskoms approved strategic direction, and / or where the services of a
registered professional are required (e.g. attorneys, auditors, engineers, etc.)


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Date: 04 October
2011
Rev 0

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 7
th
(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

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