REPUBLIC OF BOTSWANA

MINISTRY OF HEALTH

DEPARTMENT OF CLINICAL SERVICES

A WORKS CONTRACT FOR THE

RFQ FOR MAINTENANCE OF NURSE CALL SYSTEM, ACCESS

CONTROL & PUBLIC ADDRESS SYSTEMS AT MAHALAPYE
DISTRICT HOSPITAL

QUOTATION DOCUMENT NO.

Date: September 2018

NAME AND ADDRESS DETAILS OF PROCURING DEPARTMENT AND ITS AGENT PREPARING THE
DOCUMENTS
PROCURING DEPARTMENT AGENT

MINISTRY OF HEALTH, DEPARTMENT OF SENIOR PROCUREMENT OFFICER,

CLINICAL SERVICES MAHALAPYE DISTRICT HOSPITAL
P/BAG 0038, GABORONE REFILWE S. MOLAPONG
P.O. BOX 39, MAHALAPYE
TEL: 4718163
 MAHALAPYE DHMT
TELEPHONE: 4718000
MINISTRY OF HEALTH
FAX NO : 4711595/325 P O BOX 008

REF: MH/DHMT/5/1/3 (MAIN) SEFHARE, BOTSWANA

To: _______________________________________________

_______________________________________________

Dear Sirs / Madam,

RE: MAINTENANCE OF NURSE CALL SYSTEM, ACCESS CONTROL & PUBLIC ADDRESS
SYSTEMS AT MAHALAPYE DISTRICT HOSPITAL

You are invited to submit a quotations (VAT included if applicable) to carry out the above requirement. The request for
quotation includes the following documents:
1. this first page of the RFQ
2. letter of acknowledgement
3. Part1 – instructions to bidders
4. Part2 – quotation detail
5. Part3 – work requirements and specification
6. Part4 - general conditions of contract
7. Part5 – references(where possible)
8. Returnable documents

Please check the contents of the request for quotation package when you receive it and then return the letter of
Acknowledgement to us upon receipt of the RFQ.

Collection of RFQ Document: Documents may be collected during working hours from TBA at
Mahalapye District Hospital Maintenance Office
Site visit: Compulsory – Service providers who wish to do a site visit should contact Ms Semakaleng Madikwe
at 4718113 (Maintenance Office – Mahalapye District Hospital)

Site availability: The Work must be carried out only During Working hours; weekend’s works are to
be agreed with the Facilities Officer for proper Supervision as not to disrupt the Daily Ministry’s
operations.
Date for submission: TBA before 10.00 am at Mahalapye District Hospital
SUBMIT ONE (1) ORIGINAL AND TWO COPIES in a one sealed envelope marked MAINTENANCE OF NURSE
CALL SYSTEM, ACCESS CONTROL & PUBLIC ADDRESS SYSTEMS AT MAHALAPYE DISTRICT HOSPITAL
And should be deposited into a tender box at Mahalapye District Hospital- Procurement Division

Page 1 of 41
Note: Late submission, faxed or postal submission will not considered
You are required to hold all information pertaining to this potential contract confidential and to limit the dissemination of
information within your organization only on a need to know basis.

Yours Sincerely

-------------------------------------

Refilwe Molapong

For/Senior Procurement Officer- Mahalapye District Hospital

Phone: 4718163
Fax: 4711595
Email: rsmolapong@gov.bw
(For clarity, contact the above)

Page 2 of 41
Ministry of Health

Letter of Acknowledgement
Date: _____ day of _______________________________ 20_____

To:
Mahalapye District Hospital
Ministry of Health
P/Bag
Mahalapye

Fax No: 4711595

(Attention: Refilwe S. Molapong)

Dear Sir/Madam,

We acknowledge the receipt of a full / not full RFQ package and we will

1. be submitting a quotation

2. not be a submitting quotation because __________________________________________________

Yours Sincerely,

_________________________________________ ___________________ ________________________

[Name of Authorized Signatory] [Signature] [Position]

Phone: ______________________ Cell: ________________________________

Fax: ________________________ Email: _______________________________

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 PART 1-INSTRUCTIONS TO BIDDERS

1. Quotations shall be filled by indelible ink and submitted in a sealed envelope clearly marked
with the RFQ reference number and description to the address given on the front page.

2. Quotations shall remain firm, fixed and valid for not less than 120 days from the date of deadline
for submission.

3. The prices quoted for the work shall be all inclusive costs and delivery, duty and insurance paid
to the named address stipulated in this RFQ, and will include costs such as customs,
transportation to the location, insurance, packaging, labelling, erection, inclusive of all taxes
direct or indirect, or any other costs, or fees that may be necessary to pay.

4. All sections of the RFQ to be filled.

5. The selection and decisions shall be based on the Least Cost Based Selection (LCBS) only on
bidders who have satisfied the compliance and technical stages.

3. EVALUATION OF TENDERS

All tenders shall be checked to ensure that the bids are submitted in accordance with the
“Instructions to Tenderers” as detailed in these terms of reference. Those bids that do
not meet the requirements will be considered “non-compliant: and rejected. The following
evaluation methods will be used:

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 EVALUATION CRITERIA AND AWARD OF BIDS

The procedure for evaluation of responsive bid offers is the “Least Cost Based
Selection” as listed below in three stages.

Stage 1: Preliminary examination and responsiveness of tenders

i. Contractors registered with PPADB Code 02 Electrical
Engineering Works Sub Code 08 – Security Systems
Installations (CCTV, Access Control, Alarms etc) - to be
verified online

ii. Provide tax clearance certificate number and pin number (to
verified on line)
iii. The tenderer has completed and signed certificate of
Authority of Signatory
iv. Completed the Declaration form for tendering purpose.

v. Completed Quotation offer with ink and signed

NB: (In cases where a bidder fails to submit (I) to (v) above as returnable
documents, they will be requested to submit these during tender evaluation
within 2-5 days of notification. Bidders will be notified through telephone or
sms or email as alerts, then by fax or letter. Non responsiveness by bidders will
results shall result in the disqualification of bids). All bidders shall submit the
Completed and Signed form of offer and Acceptance in the first instance,
without fail. Otherwise the bid shall be disqualified

Note: tenders that do not comply with any of the above requirements will be
eliminated from further evaluation.

2.6.1 Stage 2 Technical evaluation

Those tenders judged to be responsive in terms of stage 1 shall be evaluated technically

based upon the criteria set out below.(This will only be an added advantage)

i. Experience of the tenderer – during the past years, the tenderer must have
completed at least one (1) comparable projects of similar nature(provide
company reference as proof

ii. Qualifications and Demonstrated experience of the key staff (assigned

personnel) in relation with the scope of works ie Electrician (NCC)

iii. A clear and articulate method statement on how the work will be carried out

iv. Health and Safety plan; a written statement on health and safety (See tender
schedule Health and Safety plan).

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 v. Quality Assurance: a written statement of quality assurance and quality
control.(see tender schedule Quality Plan)

vi. Works Programme; An outline programme of how the tenderer intends to

proceed with the works from start on site to completion date.

NB: (In cases where a bidder fails to submit the following documents; Academic
Certificates, cv for key personnel they will be requested to submit these during
tender evaluation within 2-5 days of notification whilst the evaluation
continues. Bidders will be notified through telephone or sms or email as alerts,
then by fax or letter. Non responsiveness by bidders will results in the setting
aside of incomplete bids).

2.6.2 Stage 3 Financial Evaluation

The Estimate for this project is P 263 760.00 (Two Hundred and Sixty Three Thousand Seven
Hundred and Sixty Pula only). Bidders are at liberty to price for any amount that would
enable them to complete the project to the client satisfaction

In the financial evaluation of tender, the following will be considered:

i. Tenders, who satisfy the above all compliant requirements, will be scrutinized in
detail for the purpose of adjudication.

ii. Arithmetic Check:

 The tender will be checked for arithmetic errors. Tenderers will be notified
in writing of any errors. The arithmetic check will not affect the amount
quoted by the Tenderer. The error will be adjusted in the P&G section of
the bills so that the tender price remains unchanged. Upon written queries
if the Tenderer fails to confirm their willingness to stand by the original bid
prices, the Tenderer will be disqualified for further evaluation.

 Where there is a discrepancy between amounts in figures and in words,

the amount in words will be the amount taken into account;

 Except for lump-sum contracts, where there is discrepancy between a unit

price and the total amount derived from the multiplication of the unit price
and quantity, the unit price quoted will be the price taken into account.

iii. Amounts corrected as above will be binding on the tenderer. If the tenderer does
not accept them, their tender will be rejected.

iv. Rates and prices of identical items occurring in different sections of the bills of
quantities must be consistent

v. Inclusion of VAT in the Final Summary

vi. Tender will be awarded to the least cost bidder

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 Only bidders who have attached valid certified copies of Economic Diversification Drive
(EDD) certificates in accordance with Cabinet Directive CAB No. 11 (A) 2010 of 12/04/2010
will benefit from the price preference margins in financial evaluation stage.

Where applicable, Local Procurement Scheme Presidential Directive No 19(B) of 2013

will also be applied subject to provision of proof of a sworn declaration.

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 Republic of Botswana TENDER TENDER SCHEDULES

RETURNABLE DOCUMENTS CERTIFICATE OF

AUTHORITY OF SIGNATORY

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the certificate set out
below for the relevant category.

A B C D
COMPANY PARTNERSHIP JOINT VENTURE SOLE PROPRIETOR

A. Certificate for company

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

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that by resolution of the board taken on _ _ _ _ _ 20…., 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.

As witnesses:-

1._ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _____________
Chairman
2._ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ __ _ _ _________
Date

B. 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

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 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 all of the partners. Attach additional pages if more space is
required.

C. Certificate for Joint Venture

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 &

CAPACITY

Lead partner

Page 9 of 41
D. Certificate for sole proprietor.

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

of the business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

As witnesses:-
_ __ _ __ _ _ _ _ _ _ _ _ _ _
1._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Signature: Sole owner

2_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ________________

E. Certificate for other.

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that I am _ _ _ _ _ _ _ _ _

_______

of the business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

THUS SIGNED AND SWORN TO BEFORE ME COMMISSIONER OF OATHS AT

_______________________ ON THIS _______ DAY OF ___________________ 20____,
AT ____AM / PM, THE DEPONENT HAVING ACKNOWLEDGED THAT HE KNOWS AND
UNDERSTANDS THE CONTENTS OF THIS DECLARATION AND THAT IT IS BINDING ON
HIS CONSCIENCE.

____________________________
COMMISSIONER OF OATHS

CAPACITY:

Page 10 of 41
 Republic of Botswana TENDER LOCAL PROCUREMENT
REGISTRATION CERTIFICATE
RETURNABLE DOCUMENTS

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must
complete the certificate set out below for the relevant category.

A B C D E
WOMAN YOUTH PEOPLE WITH DISABILITY RURAL SETTING EMPLOYMENT

A.B.C Certificate for businesses owned by WOMAN/YOUTH/PEOPLE WITH DISABILITY

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _, being a duly authorised representative and

acting on my capacity as _ _ _ _ _ _ _ _ _ _ of _ _ _ _____________ hereby confirm that the above
mentioned business is 100% owned by women/youth/people with disability.

As witnesses: -

1. _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _____________
Authorised Signatory
2. _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ __ _ _ _________
Date

Note;A sworn declaration must be provided as proof that one falls within the categories
WOMAN/YOUTH/PEOPLE WITH DISABILITY

D. Certificate for RURAL SETTING

I----------------------------------------------being a duly authorised representative and acting on my capacity

as-----------------------------------of------------------------------------ hereby confirm that the above mentioned
business has been established and operates from a rural area.

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LOCATION OF BUSINESS

WARD VILLAGE

As witnesses: - _ __ _ __ _ _ _ _ _ _ _ _ _ _
1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Authorised Signatory

2_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ________________
Date

Note;A sworn declaration must be provided that business is based in a rural settlement

E. Certificate for EMPLOYMENT

I------------------------------------ being a duly authorised representative and acting on my capacity as _ _ _

_ _ _ _ _ _ _ of _ _ _ _____________ hereby confirm that the above mentioned business has employed
the majority of any of the following categories - women/youth/people with disability.

Total no employees--------------------------------

No of Women (W) ------------------------------- Youth----------------People with disability (PWD) ------------

-----

% ratio of (W+Y+PWD) to Total no of employees----------------- (cut of point will be 60%)

As witnesses: - _ __ _ __ _ _ _ _ _ _ _ _ _ _
1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Authorised Signatory

2_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ________________
Date

NB: Youth in this regard will be people within the age of 18-35 years.

Note; A sworn declaration must be provided

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Republic of Botswana TENDER TENDER SCHEDULES
CURRICULUM VITAE OF KEY
RETURNABLE DOCUMENTS PERSONNEL

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 TEnderers are required to provide a list of Key Personnel, clearly Date of Birth:
indicating their roles on the project, accompanied by a detailed CV
as outlined below.Name:
Profession: Nationality:
Current Position: Years with the firm:
Qualification and Experience:

Education:

Professional Membership

Experience Record

Languages:

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this data correctly describes me, my
qualifications and my experience.

____________________________________________________ Date: ___________

[Signature of authorized representative of the Tenderer]

Republic of Botswana TENDER TENDER SCHEDULES

RETURNABLE DOCUMENTS PLANT AND EQUIPMENT

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 The following are lists of major items of relevant equipment that I/we presently own or lease and will have
available for this contract or will acquire or hire for this contract if my/our tender is accepted.

(a) Details of major relevant equipment immediately available for this contract.

Quantity Description, size, capacity, etc.

Attach additional pages if more space is required.

(b) Details of major relevant equipment that will be hired, or acquired for this contract if my/our tender is
acceptable.

Quantity Description, size, capacity, etc.

Attach additional pages if more space is required.

Signed Date

Name Position

Tenderer

Page 15 of 41
 Republic of Botswana TENDER TENDER SCHEDULES
CERTIFICATE
RETURNABLE DOCUMENTS OF ATTENDANCE AT SITE
MEETING

This is to certify that we: NOT APPLICABLE

(Tenderer)

of (address)

Page 16 of 41
Were represented by the person(s) named below at the compulsory meeting held for all Tenderers at

........................... on .....................2018, starting at ..............hrs.

We acknowledge that the purpose of the meeting was to acquaint ourselves with the Site of the works

and / or matters incidental to doing the work specified in the tender documents in order for us to take

account of everything necessary when compiling our rates and prices included in the tender offer.

Particulars of person(s) attending the meeting:

Name Signature

Capacity

Name Signature

Capacity

Attendance of the above persons at the meeting confirmed by the Procuring Department’s
representative as follows:

Name Signature

Capacity Date & time

Republic of Botswana TENDER TENDER SCHEDULES

RETURNABLE DOCUMENTS HEALTH AND SAFETY PLAN

Health and safety – Competence and resources

The procedures we propose to adopt for developing and implementing a Health and Safety Plan are:
1.

Our proposed approach and time allowance to deal with the high risk areas, particularly _ _ _ _ _ _ _ _
2.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ identified in the Scope
of Work, are:

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 3. We have allowed the following time period from acceptance of this tender offer for the development of
a implementation phase Health and Safety Plan:

We confirm that the foregoing responses will enable us to comply with the requirements of all health and
safety legislation.

Signed Date

Name Position

Tenderer

Republic of Botswana TENDER TENDER SCHEDULES

RETURNABLE DOCUMENTS QUALITY PLAN

Note to tenderers: Please provide details of your quality plan here. Alternatively, you may attach a copy of
your quality plan.

Page 18 of 41
Page 19 of 41
 Republic of Botswana TENDER DECLARATION FORM FOR TENDERING
RETURNABLE DOCUMENT PURPOSES

PART A

I, ____________________________ (full name), in my capacity as .................................... (state position in Entity)

hereby declare that on my behalf, and on behalf of the owners, partners / directors/administrators and/or Other
(Please specify) ....................................................

of:
....................................................................................................................................................... (name of Entity )

of :
.............................................................................................................................................

...................................................................................................... (Postal/physical address)

that, in connection with the enclosed tender,

All information contained herein is true and not misleading, and it is to the best of my knowledge factual and
binding on the Entity and/or its Representatives. I state that the (State Name of Entity)
......................................................... and/or its representatives confirm that they have not, through other
entities, participated in the same tender and offer the same products in response to the same items.

NOTE THAT: In the case of competing franchises, the franchises may bid for the same item but with different
products. Item means the commodity required by the procuring entity indicated in the ITT. Product means the
commodity offered by the bidder.

I declare and confirm that the Entity and/or its Representatives have in fact not participated in the same tender
and offered the same products in response to the same items, through any other registered company or other
entity. I hereby provide a current list of Directors/ Administrators/ Partners/ Members and/or Shareholders for
the Company/Partnership/ Society/Joint Venture/ Private Foundation/Statutory Body and/or other (Please
specify) ...................................

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 DIRECTORS/MEMBE NATIONALI SHAREHOLDE NO. OF NATIONALI
RS/ PARTNERS/ TY RS NAME SHARES/PERCENT TY
ADMINISTRATORS AGE OF
NAME and/OR SHAREHOLDING
Other (Please
Specify)...................
...
1
2
3
4
5
6
7

If more space is required attach additional sheet. Note that Public companies should state which
stock exchange the company is listed under.

I further acknowledge that should any of the directors, partners, and shareholders,
members/administrators /(others please specify) be found to be associated in a similar or other manner in
another company/entity, participating in this tender and offering the same products in response to the
same items, this shall disqualify this Company/Partnership/ Society/Joint Venture/ Private
Foundation/Statutory Body, and whichever company or other entity the said
director/partner/shareholder/member and/or administrator is consequently involved in.

I further acknowledge that should the Company /Partnership/ Society/Joint Venture/ Private Foundation/
Statutory Body or any of its affiliates or subsidiaries be found to have participated in the same tender and
offered the same products in response to the same items, the said Company/Partnership/ Society/Joint
Venture/ Private Foundation/Statutory Body/(others please specify) and its affiliates and/or subsidiaries
shall be disqualified.

The Company/Partnership/ Society/Joint Venture/ Private Foundation/ Statutory Body/(others please

specify), through its agents, employees or directors has not illegally communicated with any member of the
procuring department or the Public Procurement and Asset Disposal Board, except as may be permitted in
the relevant “instructions to tenderers” or by law.

The Company/Partnership/ Society/Joint Venture/ Private Foundation/Statutory Body/(others please

specify), through its agents, employees, partners, members, administrators and/or directors has not paid
or offered to pay any consideration, favour or promise to any member of the procuring department or any
person employed by or associated with Public Procurement and Asset Disposal Board (PPADB) or its
Committees.

I declare that this tender is submitted by us in our own right and we have not colluded in any way with any
other potential tenderer in the production and submission of this tender other than in the establishment of
a joint venture or sub-contractor arrangement as fully and correctly declared in the tender.

I acknowledge that if after the award of this tender any of these declarations are found to be false then any
contract(s) between ourselves and the procuring department and/or PPADB shall be terminated forthwith
and we may be barred from future tendering for government services and liable to possible prosecution.

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 I confirm that our entity has undertaken not to collude to withdraw from a tender award, only for the reason
that an unsuccessful bidder be awarded the tender. I confirm further that the entity has undertaken not to
engage in frivolous complaints and litigation that frustrates project implementation.

SIGNED: ............................................................. NAME: ............................................

DATED:.........................................

...........................................................................................
Entity

Stamp

PART B

1. Declaration to establish Eligibility for Reservation and Price Preferences for 100% Citizen Owned Contractor /
Companies and other Entities.

2. The declaration shall be signed by all Businesses tendering for reserved contracts and contracts subject to
preferences,
as a condition of each tender.

3. The 100% citizenship requirements for shareholders, etc contained therein shall not withstand any previous
consents and practice, be pre condition for the award of any reserved tender.

Definition

4. The following definitions shall apply to this declaration:

100% Citizen Owned Contractor / Company: a natural person or an incorporated company wholly
owned and controlled by persons who are citizens of Botswana.

Control: the possession and exercise of legal authority and power to manage the assets, goodwill and
daily operations of a business and the active and continuous exercise of managerial and financial
authority and power in determining the policies and directing the operations of the business.

Net Amount: the financial value of the Contract at the time of the award of the Contract, exclusive of
sales tax which the law requires the Employer to pay to the Contractor.

Owned: Having all the customary incidents of ownership, including the right of disposition, and sharing
in all the risks and profits commensurate with the degree of ownership interest or shareholding as
demonstrated by an examination of the substance as well as the form of ownership arrangements

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5. The company operates banking and savings accounts, the only authorised signatories are:

i. ……………………………………………………………………………………..
………………………………………………………………………………….
(Bank Name and Name of signatory) (Omang No. /Passport)

ii. ……………………………………………………………………………………..
………………………………………………………………………………….
(Bank Name and Name of signatory) (Omang No. /Passport)

ii. ……………………………………………………………………………………..
………………………………………………………………………………….
(Bank Name and Name of signatory) (Omang No. /Passport)

iv. ……………………………………………………………………………………..
………………………………………………………………………………….
(Bank Name and Name of signatory) (Omang No. /Passport)

6. Undertakings

The Tenderer confirms that it is a 100% Citizen owned contractor/company and undertakes to remain a Citizen
Contractor for the duration of the Contract. The Tenderer further undertakes not to subcontract more than
25% of the Net Amount to non-Citizen Contractors in the performance of the Contract.

7. Sanctions relating to reserved treatment

Any changes in Ownership or Control which violate the definition of a Citizen Contractor or the subcontracting
of more than 25% of the Net Amount of the Contract to non-Citizen Contractors shall be sufficient reason for
the Procuring Department to terminate the Contract.
8. All the shareholders of …………………………………………………………………………………..(Name of company) have read
this declaration and agree to its contents.

a) All the shareholders hereby give consent verification of the information provided above and understand
that this may include but not limited to the verification of assets, liabilities, accounts, bonds and
undertake to notify the competent authorities of any change to the information provided in this
Declaration within seven days of such occurrence.
b) I understand and declare that each matter here deposed to is essential for the tender validity of
………………………………………. (Name of company)’s

NB: The Procuring Entity reserves the right to confirm the authenticity of the information provided above.

THUS SIGNED AND SWORN TO BEFORE ME COMMISSIONER OF OATHS AT _______________________ ON THIS

_______ DAY OF ___________________ 20____, AT ____AM / PM, THE DEPONENT HAVING ACKNOWLEDGED
THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS DECLARATION AND THAT IT IS BINDING ON HIS
CONSCIENCE.

____________________________
COMMISSIONER OF OATHS

CAPACITY:

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ANNEX ………………….

(to be completed by each shareholder)

I ………………………………………………………..am an adult Botswana citizen.

I am a shareholder in ………………………………….Proprietary Limited and have read the

Declaration made by …………………………………… I confirm that it is true and correct.

I understand that the information provided therein shall be used in assessing the eligibility
of………………………………………………… Proprietary Limited’s tender, and that if what I am
confirming is false or misleading in any material respect this may result in
……………………………………………… Proprietary Limited not only being disqualified but also
in our being held accountable in our personal and joint capacity as its owners and shareholders.

Made by me ……………………………… on this ……………………….. day of the year.

Signed: ………………………………..

Address: ……………………………….

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 Republic of Botswana TENDER TENDER SCHEDULES

RETURNABLE DOCUMENTS TRAINING LEVY

CITF (Construction Industry Trust Fund) Levy

In accordance with Statutory Instrument No. 139 of 1991 paragraph 5 (6) and amendment thereof in
paragraph 9, dated 2 September, 1994 all contracts awarded through the Public Procurement and
Assets Disposal Board will be subject to a training levy of 0,25% of the final contract sum. Contractors
or firms are to allow in their bill rates for the same.

The levy will be worked out and deducted from contractors interim payment certificates on the gross
certified value (less fluctuations only).

I/We confirm that we are familiar with the provision in our tender.

Signed Date

Name Position

Tenderer

Page 25 of 41
 Republic of Botswana TENDER TENDER SCHEDULES

RETURNABLE VALUE ADDED TAX

DOCUMENTS

The Botswana Value Added Tax was passed by Parliament in December 2001 and was gazetted
on 1st February 2001. This is Act of Parliament No.1.

The commencement date of the said Act is 1st July 2002. This Act is applicable to Construction
Contracts.

The Main Contractor shall observe and allow for complying with and also ensure that all Sub-
Contractors (domestic as well as nominated) comply with the conditions of the Act.

I/We hereby certify that we are familiar with the provisions contained in the above Act and doe
allowance has been incorporated within my/our-tendered amount in the Final Summary page.

Signed Date

Name Position

Tenderer

Page 26 of 41
 Republic of Botswana CONTRACT PART 1 FORM OF OFFER AND
AGREEMENTS & CONTRACT ACCEPTANCE
DATA

Offer

The Procuring Department, (Mahalapye DHMT, Ministry of Health), has solicited offers to
enter into a contract for the procurement of:
(RFQ) – REMOVAL OF BATS AND TREATMENT OF TERMITES AT VARIOUS HEALTH
FACILITIES FOR MAHALAPYE DHMT

The tenderer, identified in the signature block below, has examined the documents listed in the
Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this
Offer has accepted the Conditions of Tender.

By attaching the signature of a duly authorised representative to this part of this Form of Offer
and Acceptance, the tenderer offers to perform all of the obligations and liabilities of the
Contractor (or the Consultant or the Supplier as the case may be) under the Contract including
compliance with all its terms and conditions according to their true intent and meaning for an
amount to be determined in accordance with the Conditions of Contract identified in the Contract
Data.

The total of the amount tendered is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

__________

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Pula, (in words); P_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (in

figures) for a duration

of_______________________ Calendar Weeks.

This Offer, of which the tenderer has signed two originals, may be accepted by the Procuring
Department by signing the form of Acceptance overleaf and returning one fully executed original
of this document including the Schedule of Deviations (if any) to the tenderer before the end of
the period of validity stated in the Tender Data, whereupon the tenderer becomes the party
named as the Contractor, (or the Consultant, Professional Service Provider, Service Provider
or the Supplier as the case may be) in the Conditions of Contract identified in the Contract Data.

For the tenderer:

Signature(s)

Name(s)

Capacity

(Insert name and address of organisation)

Name & signature

of witness
Date

Page 27 of 41
Acceptance

By attaching the signature of a duly authorised representative to this part of this Form of Offer and
Acceptance, the Procuring Department accepts the tenderer’s Offer. In consideration thereof, the
Procuring Department shall pay the Contractor, (or the Consultant or the Supplier as the case may be)
the amount due in accordance with the Conditions of Contract identified in the Contract Data.
Acceptance of the tenderer’s Offer shall form an Agreement between the Procuring Department and
the tenderer upon the terms and conditions contained in this Agreement and in the Contract that is the
subject of this Agreement.

The terms of the Contract, are contained in:

Part 1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
Part 2 Pricing Data
Part 3 Scope of Work
Part 4 Site Information.

and drawings and documents (or parts thereof), which may be incorporated by reference into the above
listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto
listed in the Tender Schedules as well as any changes to the terms of the Offer agreed by the tenderer
and the Procuring Department during this process of Offer and Acceptance, are contained in the
Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No
amendments to or deviations from said documents are valid unless contained in this Schedule, which
must be signed by the duly authorised representative(s) for both parties.

The tenderer shall within one week of receiving a fully executed original of this Agreement, including
the Schedule of Deviations (if any), contact the Procuring Department’s agent (whose details are given
in the Contract Data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance
and any other documentation to be provided in terms of the Conditions of Contract identified in the
Contract Data at, or just after, the date this Agreement comes into effect. Failure to fulfil any of these
obligations in accordance with those terms shall constitute a repudiation of this Agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the date when the
tenderer receives one fully executed original of this document, including the Schedule of Deviations (if
any). Unless the tenderer (now Contractor, Consultant or Supplier) within five days of the date of such
receipt notifies the Procuring Department in writing of any reason why he cannot accept the contents
of this Form of Offer and Acceptance, this Agreement shall constitute a binding contract between the
Parties.

For the Procuring Department

Signature(s)

Name(s)

Capacity

(Insert name and address of organisation)

Name &
signature of
witness Date

Page 28 of 41
 Republic of Botswana CONTRACT PART 2 C2 - SCOPE OF WORK
SCOPE OF WORK

SCOPE OF WORK

1. DOCUMENTATION

Upon receiving the Tender document the Service Provider should immediately check that all the documents
are complete by checking the number of pages contained therein; should any be missing, or in duplicate, or
if any of the writing or figures be indistinct, or if any of the wording be ambiguous or the meaning or intention
not clear, he is to notify the Employer’s Representative to have matter clarified before his tender is submitted.
No liability in respect of errors in the tender from the foregoing will be admitted.

No alterations, additions, omissions or erasures are to be made to the printed text of any of the Contract
Documents unless specifically directed in writing by the Employer’s Representative. Although standard general
documents will normally be incorporated within the Contract Documents, they may be deleted in whole or in
part, amended or otherwise altered as the circumstances require and this shall be specifically and precisely
stated in the invitation to tender for each particular project.

The Contractor is deemed to have read and fully understood the whole of the Contract Documents and no
liability, or claim, for additional payment in respect of errors in the tender arising from lack of knowledge, or
understanding, of these Contract Documents will be accepted.

2. DESCRIPTION OF THE WORKS

2. Description of the work

The works involves;

2.1 Maintenance of specialist electrical installations comprising of the following:

a) Nurse Call System: this is a system used by patients to call for help in the
event the nurse are not in close proximity.
b) Public Address System: a hospital environment has many stakeholders
including members of the public, the public address system is used to
communicate publicly when a person is needed. The system needs
maintenance and repair
c) Access Control- this is used to manage access to restricted areas and is
currently out of order in some of the areas.
The full specification and scope of work is attached to this document.

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3. SERVICES

It shall be the Contractor’s sole responsibility to establish that a sufficient supply of water and electricity is
available at the site. The availability of these services must be thoroughly investigated by the Contractor, who
must allow for all necessary measures and costs to provide sufficient water and power for the works.

All known existing services will be indicated on the drawings or pointed out to the Contractor on site. Should
the Contractor encounter any unknown services he shall notify the Engineer immediately and ask for written
instructions? The Contractor shall not interfere with the operation of any existing services without written
permission of the Engineer, and should the Contractor cause damage to any known service or any unknown
service after it has been exposed he shall make good same at his own expense to the satisfaction of the
Engineer.
Where temporary diversions of, or interference to, services and drains are considered necessary, these shall
be at the Contractors discretion. He shall be responsible for informing the requisite authorities or persons
affected by the interruptions caused, for the proper execution of the work and proper reinstatement of the
installation thus disturbed, and shall allow in his tender for all costs in connection with such temporary
diversions or interference.

The contractor shall be responsible for making good and repair of any damages made to existing services to
the entire satisfaction of the Engineer.

4. ACCESS TO SITE AND SITE ESTABLISHMENT

The site is accessible by road. The Contractor should consult with the Engineer to agree the location of site
offices and other temporary structures at each of the sites.

Offices, workshops and stores, scaffolding and plant:

The Contractor shall provide the requisite office, workshop, and storage accommodation necessary for the
proper execution of the Works. The accommodation shall be for the use of his staff and workpeople, but
nominated sub-contractors and specialists shall be allowed the use of this accommodation. However,
nominated sub-contractor and specialists shall bear the cost of any accommodation provided specially for
their use. The Contractor shall erect and maintain the accommodation in good order, including cleaning,
lighting etc., and dismantle and clear away on completion and make good the ground and works disturbed.

The Contractor shall provide all scaffolding and plant for the execution of the Works and allow sub-contractors
and specialists the free use of same. He shall also provide any additional scaffolding and plant (other than
specialized trade plant) required by sub-contractors and Specialists, but they shall bear the cost of such
additional scaffolding and plant. The erection, maintenance, altering as necessary and dismantling of
scaffolding will be executed in accordance with the best practice and strictly in compliance with the
requirements of the Building Regulations and such lawful rules and regulations as may from time to time be
enacted. All plant (which shall be deemed to be ‘Constructional Plant’ including vehicles) shall be erected and
installed, used and maintained in accordance with the best practice and strictly in compliance with any rules,
regulations or requirement lawfully enacted for the industry concerned. All plant, scaffolding etc., shall be
removed from the site when no longer required and on completion of the Works.

Site offices and clerk of works office:

Unless otherwise specified in the Particular Preliminary and General Clauses of the Bills of Quantities the
contractor shall provide, keep clean, maintain and demolish and clear away on completion of the contract, an
office of the Clerk of Works. The toilets and tea kitchen shall be supplied with water and the rooms adequately
provided with electric lighting and power. The meeting room/office is to be equipped with suitable air
conditioning and with furniture including desk with lockable drawers, chairs, four drawer lockable metal filing

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cabinets, approved drawing rack, conference table with a minimum of ten chairs, three wall shelves 300mm
wide and approximately 4000 mm long and pin boards having an area of approximately 6m 2. All windows are
to be fitted with burglar bars. The Contractor is to provide an adequate drainage system complete with a
septic tank and soak-away or connect to the drainage system..
The Contractor shall afford all facilities, provide all instruments and labour and attend on the Engineer, or his
authorized representative, for any examinations or measurements of the Works, in accordance with the
requirements of the Conditions of Contract. All facilities provided by the contractor to the employer will revert
to the contractor upon completion of the contract

Welfare and safety

The Contractor shall ensure that all welfare and safety measures required under, or by virtue of, the provisions
of any enactment or regulation or the working rules of any industry are provided and enforced. He shall
provide and maintain all necessary facilities for his own employees and those employed on the site by sub-
contractors.

The Contractor shall provide and maintain in good working condition all that is necessary to render first aid
in case of accidents, snake bites or other emergencies. Such equipment shall be kept in readiness on site and
at the camps wherever the Contractor’s workmen may regularly live or work. The Contractor shall ensure that
there are persons available with knowledge of simple first aid procedures and trained to administer injections
and snake-bite treatment. The Engineer shall be advised in writing of the name of any such person(s) having
knowledge of simple first aid procedures.

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 SCHEDULE OF WORKS / SPECIFICATIONS

SEE ATTACHED SPECIFICATIONS AND BILL OF QUANTITIES

PART 4 – CONDITIONS OF CONTRACT

1. The Rights of the Procuring Entity (PE):

1.1. The procuring entity shall have the rights to reject all quotations, or to call for clarification or samples at the time
of evaluating the quotations. A Procuring Entity shall not be bound to accept any quotation or the lowest cost
nor assign any reason for the rejection.

1.2. The cost of Submission does not constitute a commitment on the part Procuring Entity, nor does it commit the
procuring entity to pay for any or all costs incurred in the preparation and submission of a quotation.

1.3. Should the Procuring Entity decide to proceed with the acquisition of the stated supplies, services, works or
labour that the supplier has offered to sell / provide, then the procuring entity will promptly provide the named
Supplier with a signed contract / Government Purchase Order/ , these general conditions of contract and any
other document (or part document) referred to in the Contract / Government Purchase Order.

1.4. The Contract / Government Purchase Order shall not include any of the supplier’s conditions of sale nor include
reference to them. The deliveries of the supplies, services, works or labour in response to a Contract /
Government Purchase Order, or an order any conditions of this Contract / Government Purchase Order.

2. The supplier will sell to the PE the supplies, services, works or labour of the supplier at the fixed price stated for the time
period defined in the contract / GPO. The price shall include all storage, packing, insurance, installation, test certification
and/or commissioning (as applicable) and all the materials / components necessary, or that may be required to complete
the preparation / installation / delivery of the supplies ad services, works. Where applicable all other charges such as
taxes, delivery charge etc should be individually identified and incorporated into the total price.

3. Variations to a price for any or all unit price(s) of the line item(s) to any Task Order or to the supplies services or works
will not be allowed during the time period of this Contract or GPO.

4. The Right of Cancellation:

4.1. In addition to other rights of cancellation under these conditions of contract, the PE may cancel the Contract /
Government Purchase Order and any related order amendment thereto, at any time, by giving the supplier a
written notice of termination 15 days in advance.

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 4.2. If the supplier submits a claim against the PE for the termination, then the PE will pay to the supplier any cost
of commitment, liabilities or expenditure, which in their reasonable opinion was a result of the said contract at
the time and date of termination. The total of all payments made, or due to the supplier under this contract,
including any termination submit a termination claim within 3 months of the date of notice of termination then
the PE shall have no further obligation under the contract.

4.3. Cancellation of the Contract / GPO will not affect any other rights the PE might have:

4.3.1. Variations of quantities/ materials/task orders/deliverables

4.3.1.1. The quantities, materials, task orders or other items described in the RFQ’S shall be fixed unless
otherwise indicated in the RFQ that there may be a variation in quantity, the type, or the service to
be completed

4.3.1.2. if a variation is to be requested then the PE shall prior to the delivery send the supplier an order
amendment adding to , deleting or modifying the said supplies, works, services or labour required.

5. Quality and Descriptions

5.1. The supplies, works, services or labour shall

5.1.1. conform in every respect with the specifications and written details stated in the Contract / GPO

5.1.2. be capable of meeting or be superior to all of the standards of performance specified in the contract / GPO

5.1.3. be fit for any purposes intended or made known to the supplier, expressly or by implication

5.1.4. be new (unless otherwise specified)

5.1.5. correspond to their description or to any samples, patterns, drawings, plans and specifications referred to in
the / GPO

5.1.6. Be to the quality intended, implied or specified

5.1.7. Comply with current national legislation

5.1.8. be safe to use and operate, and not contain or generate toxic or hazardous materials

5.1.9. be equivalent Items Quoted

5.2. If it is written in the RFQ that an equivalent or variation is acceptable then a technical description and
specification of the equivalent being offered shall be attached to the offer by the suppliers which effectively
confirms its conformance or superiority to the standards / outputs / deliverables expected

6. Reference to local, regional or international standards

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 6.1. Where descriptions of supplies, services, and works in the RFQ are referring to an International, regional or
local standard then the supplier shall make a statement that all the services, supplies and works meet the
standards. Where certificates of test, certification or compliance or commissioning are available or required for
the supplies, services or works offered then they shall be provided prior to any handover to control to the PE

6.2. Where such certification as detailed in clause 9.1 above, is required before the operation of equipment, or to
meet a national or trade standard, or is required by a legislation prior to the completion of the contract / GPO

7. Work on Procuring Entity Premises

7.1. If the contract / GPO involves any work or services or labour to be performed on the premises of the PE then
the supplier shall ensure that all suppliers employees, sub contractors and their employees and any other
persons associated with the supplier, will adhere in every respect to the obligations imposed on the supplier for
safety and environmental legislation o the republic of Botswana.

7.2. The procuring entity will make all arrangements and provide for security passes access to site of construction
or installation or to the area intended service, work or labour during the normal working hours of the procuring
entity. By necessarily hours that will be required which fall after normal working hours will be for prior to written
agreement between the parties.

7.3. The PE shall not be held responsible for any loss of the supplier’s material or equipment

8. Inspection, progress, rejection

8.1. The supplier at own expense shall provide any schedules for manufacture, erection, construction, delivery and
installation. The supplier shall notify the PE in writing and without delay, if the suppliers progress falls behind
the agreed schedules

8.2. PE shall have the right to check progress at the suppliers or sub contactors works at any reasonable time to
inspect and to reject supplies or associated materials that donor meet with the contract specifications or
conditions.

8.3. Any inspection or approval shall not relieve the supplier from the supplier’s obligations or for the corrections of
any defect under this contract.

9. Packaging, containers and identification

9.1. Unless otherwise stated in the contract data, all packaging shall be non returnable. If the contract states that
the package is returnable the supplier shall give the PE full disposal instructions before the time of delivery. The
supplier shall pay the cost of all carriage and handling for the return of the packaging, the PE shall not be held
liable for any package lost or damaged in transit

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 9.2. If the contract states that the package is returnable the supplier must provide the PE with full ‘knock –down’ and
disposal instructions before the time of delivery. The PE shall not be liable for any package lost or damaged in
transit.

9.3. Where it may be necessary mark the supplies with a logo, design or identifying format as the Property of the PE
then the supplier shall deliver to the said specification

10. Safety

10.1. The supplier shall observe legal requirements of the Republic of Botswana and any other relevant international
agreements in relation to health safety and environment. In particular to the marking of hazardous supplies

10.2. if so required eat supplier will provided data sheets for hazardous materials and for the storage and handling
provisions related to food

11. 14. Delivery

11.1. The supplies shall be properly packed, protected, secured to arrive in good condition at hat time and places
specified in the contract

11.2. If the supplies or any part of them re not delivered by the time specified in t e contact then the e PE may by
written notice cancel any undelivered balance effort the e supplies

11.3. The PE can also return for full credit and at the suppliers expense any supplies that in the PE‘s opinion cannot
be used owing to this cancellation.

11.4. In the same of services the PE may have the work competed by alternate means, by an agreement in writing
and any cost reasonably incurred will be at the suppliers expense. This shall not affect any other rights the PE
might have

12. Property and Risk

12.1. The supplier shall bear all the e risk of loss or damage to the supplies until their delivery and shall be insured
accordingly. Ownership of the supplies shall fall to the PE after this but without prejudice to our right of
examination and rejection under this contract

12.2. If the PE makes any stage or advance payment then at the time that such payment is made, the supplier shall
mark those supplies as property of the PE.

13. Acceptance

13.1. The PE shall have the right to reject any works, services or lab our in whole or in part within a reasonable time
of delivery if the on not conform to the standards expected or requirements stated in the contract / GPO

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 13.2. The PE shall give the supplier reasonable opportunity to rectify or replace any supplies, works, services or
labour with new ones that conform to the contract / GPO specifications, after which time the PE shall be entitled
to cackle hat contract / GPO and acquire them elsewhere if they require.

13.3. Any supplies , works or personnel delivering services or labor that can be rejected by the PE for not meeting
the stated requirements, performance, deliverables, or obligations upon written request shall be removed as
soon as possible and shall be at the suppliers own expense and risk.

14. Receipt and inspection of supplies, services, works or labour rendered

14.1. All supplies, works, services, labour shall be verified for conformity to the quality specified and for the quantity
delivered.

14.2. Should the e supplier without written consent make an deviation from that e requirement as stated in the contract
/ GPO and effectively renders a different output, performance, schedule, construction or expected deliverables
then the PE reserves the right to return to the supplier any deliveries, equipment, materials, constructions in
part or in whole or any associated item and may cancel the contract / GPO or take any remedial action to rectify
the deviation. Such action does not limit any future rights f the PE. Returns shall be made at the entire charge
and responsibility for not meeting the standards in the contract / GPO

14.3. The PE reserves the right to inspect a works, services or supplies at the supplier’s site or at the site the supplier
is engaged at without prior notice. Any inspection b the PE does not relieve the e supplier of his responsibilities
in materials or workmanship.

14.4. Where a sample has been furnished the e item shall be delivered to the same specification

15. Replacement of rejected or defective supplies works or services

15.1. Where the supplies or works are written or rejected d the PE shall write a request for the remedy or replacement
of the rejected or defective works, supplies or services. In the event that ten days after receipt of the request for
remedies, a supplier has failed to supply or recommend a remedy to propose the replacement of any rejected
or defective supplies under the contract / GPO. The PE shall have the e right to purchase such supplies
elsewhere at the expense of the supplier for any extra costs arising by deduction from the deposit or any
outstanding amount as the e case may be.

16. Invoice payment instructions

16.1. Unless otherwise stated in the contract / GPO the PE shall make any payments before the 30th day of receipt of
an original and correctly rendered invoice. The suppliers must be addressed to the department specified in the
contract / GPO. The PE’s references number the contract / GPO number and the value of payment. The PE
shall not be held responsible for failure to pay due to the supplier’s failure to comply with the invoicing
instructions.

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17. Supplier Warranty

17.1. It is expressly stated between the parties that items that fail within the stipulated warranty period shall promptly
make good at the suppliers expense or will be replaced. Where applicable the supplier will ensure that
compatible spares are available to facilitate repairs for a period of at least 5 years from the date of delivery of
the e supplies. When the supplier is aware of a kisser period of availability of spares then that period will be
informed to hat PE.

18. Indemnity and Insurance

18.1. The supplier shall indemnify the PE all loss, class action, costs, claims demands ,expenses or liabilities
whatsoever (if any) which the PE might incur by common law or statute in respect to injury or death to any
person or in respect to any loss or destruction o damage to property(other than as a result on negligence by the
PE or any person for whom the PE is responsible) which shall have occurred in connection with any work
executed by supplier under this contract or shall be obliged to be attributable to some defect in the supplies.

18.2. The supplier will indemnify the PE against any and all loss, costs, expenses and liabilities caused to the
procuring entity whether directly or indirectly or as a result of the action, claim or demand of any third party by
reason of any breach by the supplier of these conditions or any terms or obligations on the suppliers part implied
by statue statutory provision relevant tot the contract or to supplies, services or work covered thereby.

18.3. The supplier shall hold satisfactory insurance cover with a reputable insurer to fulfil their insurance obligations
for the e duration of this contract / GPO. The supplier shall affect insurance against all those risks arising form
the suppliers indemnity in condition 13. Satisfactory evidence of such insurance and payment of current
premiums shall be shown to the PE on request.

19. Recovery of sums due

19.1. If under the contract any sums of money recoverable from or be payable by the supplier they may be deducted
from any sums due or which may have become due to the supplier under this contract or any other contract the
supplier might have with the PE.

20. Matters beyond control

20.1. If any party is delayed or is prevented from performing its obligations under this contract / GPO (as in force
majeure) by circumstances beyond the reasonable control of either party (including without intervention any
form of government intervention, hostilities, strike and lockouts relevant to the e contact / GPO,VB a breakdown
of plant / equipment such performance shall be suspended and if it cannot be completed within a reasonable
time after the due date as specified in the PO then the contract / GPO maybe cancelled by either party.

20.2. The PE shall have to pay to the supplier such sums as may be fair and reasonable in all the circumstances of
the case in respect of work performed, spare parts purchased or parts manufactures by the supplier under the
e contract / GPO prior to cancellation but only in respect of work that the procuring entity has received as

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 originally contemplated in the contract up to the point of break off / disruption. This provision can only have an
effect if it is called into operation by the party wishing to rely on it, giving written notice to the other to that effect
and within 3 months of the cancellation.

21. Articles on loan and use of information

21.1. All tools, materials, drawings, specifications and other equipment and data (the articles) loaned by the PE to the
supplier or its sub-contractors in connection with the contract shall always remain the PE’s property and be
surrendered to the PE upon demand in good and serviceable condition (fair wear and tear allowed)

21.2. Any information derived from the PE property or otherwise communicated to the supplier or its sub-contractor
in connection with the contract / GPO shall be kept secret and confidential and shall not without the consent in
writing of the PE authorizing offices be kept secret and confidential and shall not without the consent in writing
of the third party or made use of by he supplier or its sub-contractors except for the purpose of implementing
the contract or GPO.

22. Ownership of results

22.1. If the contract involves design and / or development work then

22.2. All rights of work arising from or deriving from this contract, including inventions, designs, copyright and
knowledge shall be the property of the PE and they shall have the sole right to determine whether any letters
patent, registered trademark, and other protection shall be sought.

22.3. the supplier shall promptly communicate to the PE all such results and shall if requested and at the PE’s
expense shall do all acts and things necessary to enable the PE or its nominee to obtain letters patent, registered
designs and other protection for such results in all territories and to assign the same PE or our nominee

22.4. the supplier shall ensure that all technical information (including computer programs and programming
information) arising out of or deriving from this contract is held in strict confidence except for any such
information which becomes public knowledge other than by breach of this contract.

23. Infringement of Patents

23.1. With the exception of supplies made to the design or instructions of the PE, the supplier shall have warrant that
neither the supplies nor the use of them will infringe any patent registered design, trade mark, copyright or other
right and undertake to indemnify the PE against all actions, claims, costs, demands, charges and expenses
arising from or incurred by reason of any infringement or alleged infringement of any such right

23.2. The supplier shall warrant that the use by the PE of the supplies, works and services will not subject the PE to
be charged of infringement of any patent and will further agree to indemnify the PE against any and all costs
and charges resulting from them.

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24. Non observance of conditions

24.1. If the supplier breaches any part of the contract / GPO the PE may give the supplier written notice of such
breach and the supplier will have 30 days from receipt of the notice to rectify the breach. Should the supplier
fail to rectify the breach or non-observance then the PE will have the right to give the supplier written notice
terminating the contract immediately.

25. Supplier Insolvency

25.1. If the supplier becomes insolvent or bankrupt or (being a company) make an arrangement with suppliers,
creditors or have an administrative receiver or administrator appointed or commence or be wound up (other
than for purposes of amalgamation or reconstruction, the PE may without replacing any other of our rights
terminate the contract with immediate effect by written notice to supplier or any person in whom the contract
may have become vested.

26. Assignment and sub letting

26.1. The contract shall not be assigned by the supplier in part or in whole. The supplier shall not sub let any part of
the contract without the written consent of the PE. The PE shall reasonably consider any such request. The
restriction contained in this condition shall not apply to sub contracts for materials for small details or for any
part of which the markers are aimed in the contract.

26.2. The supplier shall be responsible for all work carried out and all supplies supplied by the entire sub contractors.
The supplier is named in the contract / GPO is the prime contractor

27. Corruption and Gifts

27.1. In connection with this or any other contract between the PE and the supplier the supplier shall not give, provide
or offer to staff and agents of the PE any loan, fee, reward, gift or any emolument or advantage whatsoever. In
the event of any breach of this condition, Procuring Entity shall without prejudice to any other rights the PE may
possess be at liberty to terminate this and any other contract and to recover from the supplier any loss or damage
resulting from such termination.

28. Waiver

28.1. A failure at any time to enforce any provision of the contract / GPO shall in no way affect the right at a later date
to require complete performance of the contract / GPO, nor shall the waiver of the breach of any provision be
taken or held to be a waiver of any subsequent breach of the provision or be a waiver of the provision itself.

29. Notice

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 29.1. All notices and communications required to be sent by the supplier or by the PE in this contract / GPO shall be
made in writing and sent by the most secure and fastest route possible. Such delivery should be in either a
registered or recorded form so proof of delivery is evident and verifiable

30. Amendment

30.1. No addition, alteration or substitution of these conditions will bind PE or form part of the Contract or GPO, unless
and until accepted in writing by the PE’s authorizing officer.

31. Disputes settlement and applicable law

31.1. In the execution of the contract / GPO the contracting parties shall at the first instance try to find the ways and
means and by negotiations to reach an amicable settlement. In the second instance such disputes may be
referred for arbitration or judicial review under the applicable law of the Republic of Botswana

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