MINISTRY OF DEFENSE, NATIONAL SECURITY AND ENVIRONMENT
INVITATION TO TENDER – Ref ENV/4/5/4/2023-24
Invitation to tender ENV/4/5//4/2023-24
Tenders are invited from interested and suitably qualified companies and suppliers for Provision of Security Services at the Ministry of Defense, National Security and Environment.
Tender documents will be obtained from Procurement Office at Post Office Building, 6TH Floor, Procurement Office during office hours from 6th November, 2023. Submission of tender should be on or before 10:00 am on the 7th December, 2023on the 7th Floor, Ministry of Environment Board Room entrance. SEPARATE SEALED ENVELOP SHOULD CLEARLY BE MARKED; ‘Provision of Security Services at the Ministry of Defense, National Security and Environment and indicate respective LOT’
- One Original copy and associated 4 copies should be submitted for each LOT
Compulsory site inspection will commence on the 20th November 2023 for different lots as stipulated in the tender document. The opening of the tender shall be at 10: 30 am on the 7th December, 2023 at the Ministry’s boardroom in the presence of the bidders or their representatives. A two – year Framework Contract or Agreement will be used.
Ministry of Defense, National Security and Environment does not bind itself to accept the lowest or any tender nor assign reasons for acceptance or rejection of any tender.
For any enquiries call 22315491
Or
dqhobela@gmail.com or semakalengmabitle@gmail.com
Terms and Conditions of the Tender
- Quoted prices should be inclusive of VAT, and shall remain fixed during contract period.
- Ministry of Defense, National Security and Environment reserves the right to reject goods which do not conform to specification, and the Supplier shall have no right to claim any compensation in such cases.
- The recommended supplier must provide the goods or service as per the contract within 60 WORKING DAYS, failure to do so will prompt the Ministry to engage the second preferred bidder.
- Goods delivered or service provided must be in good condition and fit for purpose, failure to comply shall result to rejection of goods or service, Cancellation of the contract and no right to claim for payment.
- Bids submitted after deadline shall be rejected.
- Ministry of Defense, National Security and Environment does not bind itself to accept the lowest bidder as the evaluation is not based on price alone.
- Payment will be done after delivery and supply of goods ordered or provision of service required.
- All disputes should be within the laws of Lesotho.
- The Vendor has to submit copies of valid Trader`s Licenses and Tax Clearance Certificates both certified at source. Note that during evaluation process bidders shall be required to produce their Originals of copies if they are required to. Any bidder who fails to provide such information as requested will be disqualified.
- No advance payment shall be made.
- All Bidders shall bear all the costs of preparing their bids.
- If the winning bidder does not supply as per specifications, no payment shall be made and the Contract shall be cancelled, further it will remain discretion of the Ministry to cancel the contract, to move to the next bidder or start the process again.
- Ministry of Defense, National Security and Environment is not bound to accept lowest prices; the aim is to achieve value for money.
- Terms and Conditions of the bidders shall not be accepted.
- Certificate of Bona Fide Tendering and Form of Tender should be signed by the Senior official of the bidding company or bear the company`s date stamp.
- Bidders are not allowed to modify or remove pages of this tender document.
- Payment Terms
Payment will be made after delivery or provision of the required service and receipts of invoice. No payment in advance shall be made.
- Contract
The winning bidder together with the witness will be called to sign the contract, which will be based on the format to be determined by the (Government of Lesotho).
- Currency
Maloti
- Erasable items such as pencils are not allowed, use permanent ink only.
- Period and Validity of Bids
Bids shall remain valid for 60 working days after completion of evaluation and announcement of contract.
- Correction of arithmetical errors
Arithmetic errors will be rectified on the following basis: If there is a discrepancy between words and figures, the amount whichever is lower will prevail. If the supplier does not accept the correction of errors, its bid will be rejected.
- Language: English
- All associated documents shall be enclosed in envelope with tender document such as related tax clearances.
- Ministry of Defense, National Security and Environment reserves the right to reduce quantity of the items and the supplier shall not have right to lodge any complain.
- The address where the business is situated, the proof of lease, sublease or letter stamped from the estate where the office is rented should be attached.
Note: Bidders are advised to read this Tender Document carefully.
LOT 1
PRICE SCHEDULE FORMS
FORM 1
| LOCATION | CONTRACT DURATION | PRICE PER LOCATION PER MONTH | PRICE PER LOCATION PER YEAR |
| Liphofung Heritage Sites and Chalets | 12 months | ||
| Tsehlanyane National Park | 12 months | ||
| Bokong Nature Reserve | 12 months | ||
| TOTAL BID PRICE (to be carried forward to bid submission form) |
FORM 2 A
ARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Liphofung Heritage Site and Chalets | 1 | ||
| Tsehlanyane National Park | 1 | ||
| Bokong Nature Reserve | 2 | ||
| TOTAL | 4 |
FORM 2 C
ARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Liphofung Heritage Site and Chalets | 1 | ||
| Tsehlanyane National Park | 1 | ||
| Bokong Nature Reserve | 2 | ||
| TOTAL | 4 |
FORM 2 B
UNARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Liphofung Heritage Site and Chalets | 2 | ||
| Tsehlanyane National Park | 3 | ||
| Bokong Nature Reserve | – | ||
| TOTAL | 5 |
FORM 2 D
UNARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Liphofung Heritage Site and Chalets | 2 | ||
| Tsehlanyane National Park | 3 | ||
| Bokong Nature Reserve | – | ||
| TOTAL | 5 |
LOT 2
PRICE SCHEDULE FORMS
FORM 1
| LOCATION | CONTRACT DURATION | PRICE PER LOCATION PER MONTH | PRICE PER LOCATION PER YEAR |
| Mokhotlong | 12 months | ||
| Maqhaka DC | 12 months | ||
| Berea DC Office | 12 months | ||
| Lejone DC Office | 12 months | ||
| Kolonyama DC Office | 12 months | ||
| Leribe DC Office | 12 months | ||
| Butha Buthe DC Office | 12 months | ||
| Likileng (Lesotho Northern Parks Office) | 12 months | ||
| TOTAL BID PRICE (to be carried forward to bid submission form) | |||
FORM 2 A
ARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Mokhotlong | – | ||
| Maqhaka DC | – | ||
| Berea DC Office | – | ||
| Lejone DC Office | – | ||
| Kolonyama DC Office | – | ||
| Leribe DC Office | – | ||
| Butha Buthe DC Office | – | ||
| Likileng (Lesotho Northern Parks Office) | 1 | ||
| TOTAL | 1 |
FORM 2 C
ARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Mokhotlong | 1 | ||
| Maqhaka DC | 1 | ||
| Berea DC Office | 1 | ||
| Lejone DC Office | 1 | ||
| Kolonyama DC Office | 1 | ||
| Leribe DC Office | 1 | ||
| Butha Buthe DC Office | 1 | ||
| Likileng (Lesotho Northern Parks Office) | 1 | ||
| TOTAL | 8 |
FORM 2 B
UNARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Mokhotlong | 1 | ||
| Maqhaka DC | 1 | ||
| Berea DC Office | 1 | ||
| Lejone DC Office | 1 | ||
| Kolonyama DC Office | 1 | ||
| Leribe DC Office | 1 | ||
| Butha Buthe DC Office | 1 | ||
| Likileng (Lesotho Northern Parks Office) | – | ||
| TOTAL | 7 |
FORM 2 D
UNARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Mokhotlong | – | ||
| Maqhaka DC | – | ||
| Berea DC Office | – | ||
| Lejone DC Office | – | ||
| Kolonyama DC Office | – | ||
| Leribe DC Office | – | ||
| Butha Buthe DC Office | – | ||
| Likileng (Lesotho Northern Parks Office) | – | ||
| TOTAL | 0 |
LOT 3
PRICE SCHEDULE FORMS
FORM 1
| LOCATION | CONTRACT DURATION | PRICE PER LOCATION PER MONTH | PRICE PER LOCATION PER YEAR |
| Thaba Tseka DC Office | 12 months | ||
| Maseru DC Office | 12 months | ||
| Workshop | 12 months | ||
| Seed Centre | 12 months | ||
| Range | 12 months | ||
| TOTAL BID PRICE (to be carried forward to bid submission form) | |||
LOT 3
FORM 2 A
ARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Thaba Tseka DC Office | – | ||
| Maseru DC Office | – | ||
| Workshop | – | ||
| Seed Centre | – | ||
| Range | – | ||
| TOTAL | 0 |
FORM 2 C
ARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Thaba Tseka DC Office | 1 | ||
| Maseru DC Office | 1 | ||
| Workshop | 2 | ||
| Seed Centre | 1 | ||
| Range | 1 | ||
| TOTAL | 4 |
FORM 2 B
UNARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Thaba Tseka DC Office | 1 | ||
| Maseru DC Office | 1 | ||
| Workshop | – | ||
| Seed Centre | 1 | ||
| Range | 1 | ||
| TOTAL | 4 |
FORM 2 D
UNARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Thaba Tseka DC Office | – | ||
| Maseru DC Office | – | ||
| Workshop | – | ||
| Seed Centre | – | ||
| Range | – | ||
| TOTAL | 0 |
LOT 4
PRICE SCHEDULE FORMS
FORM 1
| LOCATION | CONTRACT DURATION | PRICE PER LOCATION PER MONTH | PRICE PER LOCATION PER YEAR |
| Qacha’s Nek DC Office | 12 months | ||
| Nursery | 12 months | ||
| Sehlabathebe Range Resource Centre | 12 months | ||
| Quthing DC Office | 12 months | ||
| Mohale’s Hoek DC Office | 12 months | ||
| Mafeteng DC Office | 12 months | ||
| Qaba DC Office | 12 months | ||
| TOTAL BID PRICE (to be carried forward to bid submission form) | |||
LOT 4
FORM 2 A
ARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Qacha’s Nek DC Office | – | ||
| Nursery | – | ||
| Sehlabathebe Range Resource Centre | – | ||
| Quthing DC Office | – | ||
| Mohale’s Hoek DC Office | – | ||
| Mafeteng DC Office | – | ||
| Qaba DC Office | – | ||
| TOTAL | 0 |
FORM 2 C
ARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Qacha’s Nek DC Office | 1 | ||
| Nursery | 1 | ||
| Sehlabathebe Range Resource Centre | 1 | ||
| Quthing DC Office | 1 | ||
| Mohale’s Hoek DC Office | 1 | ||
| Mafeteng DC Office | 1 | ||
| Qaba DC Office | 1 | ||
| TOTAL | 7 |
FORM 2 B
UNARMED DAY GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Qacha’s Nek DC Office | 1 | ||
| Nursery | 1 | ||
| Sehlabathebe Range Resource Centre | 1 | ||
| Quthing DC Office | 1 | ||
| Mohale’s Hoek DC Office | 1 | ||
| Mafeteng DC Office | 1 | ||
| Qaba DC Office | 1 | ||
| TOTAL | 7 |
FORM 2 D
UNARMED NIGHT GUARDS
| LOCATION | QUANTITY | UNIT PRICE / MONTH | TOTAL PRICE / MONTH |
| Qacha’s Nek DC Office | – | ||
| Nursery | – | ||
| Sehlabathebe Range Resource Centre | – | ||
| Quthing DC Office | – | ||
| Mohale’s Hoek DC Office | – | ||
| Mafeteng DC Office | – | ||
| Qaba DC Office | – | ||
| TOTAL | 0 |
Bidders should attend site inspection for the LOT they will bid for.
A compulsory site inspection will be on the following dates:
| LOCATION | DATE | TIME |
| Maqhaka Berea DC Office Kolonyama Leribe DC Office Likileng Butha Buthe DC Office | 20/11/2023 | 09:00 am |
| Tsehlanyane Liphofung Bokong Ha Lejone DC Office | 21/11/2023 | 09:00 am |
| Mokhotlong DC Office | 22/11/2023– 24/11/2023 | 09:00 am |
| Maseru DC Workshop Seed Centre Range | 27/11/2023 | 09:00 am |
| Thaba Tseka DC Office | 28/11/2023 | 09:00 am |
| Mafeteng DC Office Mohale’s Hoek DC Office Quthing DC Office | 29/11/2023 | 09:00 am |
| Sehlabathebe Qacha’s Nek DC Office Nursery | 29/11/2023 30/11/2023 30/11/2023 | 01:00 pm 09:00 am 09:00 am |
Please note the above site inspection is not based on the LOT classification but only for the logistical purposes.
DESCRIPTION OF REQUIREMENTS
TABLE 1
| LOCATION | NO OF ARMED DAY GUARDS | NO OF UNARMED DAY GUARDS | NO OF ARMED NIGHT GUARDS | NO OF UNARMED NIGHT GUARDS | TOTAL GUARDS PER LOCATION |
| Liphofung Heritage Site and Chalets | 1 | 2 | 1 | 2 | 6 |
| Tsehlanyane National Park | 1 | 3 | 1 | 3 | 8 |
| Sehlabathebe National Park | 1 | 3 | 1 | 2 | 7 |
| Likileng (Lesotho Northern Parks Headquaters) | 1 | – | 1 | – | 2 |
| Bokong Nature Reserve | 2 | 2 | 4 | ||
| Workshop | 2 | 2 | |||
| Seed Centre | 1 | 1 | 2 | ||
| Range | 1 | 1 | 2 | ||
| Maseru DC | 1 | 1 | 2 | ||
| Berea DC | 2 | 2 | 4 | ||
| Leribe DC | 3 | 3 | 6 | ||
| Butha Buthe DC | 1 | 1 | 2 | ||
| Mokhotkong DC | 1 | 1 | 2 | ||
| Thaba Tseka DC | 1 | 1 | 2 | ||
| Qacha’s Nek DC | 1 | 2 | 3 | 6 | |
| Quthing DC | 1 | 1 | 2 | ||
| Mohale’s Hoek DC | 1 | 1 | 2 | ||
| Mafeteng Ha Qaba | 1 | 1 | 2 | ||
| Mafeteng DC | 1 | 1 | 2 | ||
| TOTAL NUMBER OF SECURITY GUARDS | 65 | ||||
Requirements:
- Security officers must be able to communicate both in Sesotho and English
- Uniform is mandatory with readable name tags
- From the first day of engagement at the facility, and at any time requested the company must produce the required equipment (firearms with bullets, cell phone with air time or radio system, uniform and name tags). Failure to produce allrequired equipment shall lead to immediate termination of the service contract.
- Radios and /or cell phones must be provided to allow communication with Ministry of Defense, National Security and Environment and Company Headquarters.
- Security officers must be on site at all times.
- Security officers must report immediately any irregularities or emergencies to Ministry of Defense, National Security and Environment .
- Security Company shall take the responsibility of any theft and/or damage to Ministry of Defense, National Security and Environment property arising out of negligence of its personnel.
- Security Company must submit written monthly reports to Ministry of Defense, National Security and Environment without fail.
- Security Company must provide accommodation for all its officers
- Security Company must provide transport to and from the site for all its officers at all times.
- Security Company must ensure that its personnel stationed at facilities have sufficient food and other basic necessities to last for at least a month every month.
- There must be a station supervisor at each facility on daily basis.
- The company must also provide first aid kids for emergencies.
- The wages paid to security guards should be in compliance with the minimum wages order in force.
NB.
- Ministry of Defense, National Security and Environment shall conduct regular spot checks to monitor efficiency and consistency without any prior notices to Security Company.
- The preferred Service Provider will be expected to have financial capacity to pay the employees at least three months after the award of contract.
- The preferred Service Provider will be requested to provide recent (three months) payroll of staff.
EVALUATION CRITERIA
Tender will be evaluated according to Lesotho Government Public Procurement Act, 2023. The evaluation will be based on;
- Past performance based on (10%)
- Reference letter 4%
- Proof of work performed 6%
- Technical Solution (35%)
Prove of owning the following;
- Two –way radio and or cellular phone for communication 10%
- Fire arm licence 15%
- Skills and competences 10%
- Financial Capabilities (25%)
- Audited Income Statement 5% non-audited 1%
- Proof of funds from the bank or credit line with the supplier 5%
- Audited Balance Sheet 5%, non-audited 1%
- Audited Cash Flow 5%, non-audited 1%
- 3 Month Bank Statement 5%
- Price on 30%
- Calculations = Lowest Tender Price x 30/Tender Price
GOVERNMENT OF LESOTHO
Form25.4.4. (Edn 12/06)
FORM OF TENDER
Contract Number: ENV/4/5//4/2023-24
Tender for ‘Provision of Security Services at the Ministry of Defense, National Security and Environment
Due date for return: 7th December, 2023
To: ___________________________________________________________________________
- I/we have read the documents listed below and, subject to and upon the terms and conditions contained in the said documents, I/we offer to supply the items specified in the price schedule (to the extent to which the Authority may determine in accepting this tender) at the price or prices are the time or times therein stated.
- Terms and conditions: I/we agree that this tender and any contract which may result from it shall be based upon the documents listed below:
- Form of tender
- Conditions of contract as set out in the Invitation to Tender
- Specification
- Clear Price Schedule
- Invitation to Tender letter
- Instructions for Tenders
- We agree that any other terms or conditions of contract or any reservations which may be printed on any correspondence from me either in connection with this tender, or any contract resulting from this tender, shall not be applicable to the Contract.
- Law: I/we agree that any contract that may result from this tender shall be subject to the law of Lesotho.
- I/we have abided by the requirements set out in the Instructions for Tenders, including confidentiality.
- The prices quoted in this tender are valid for 60 days from the due date for tender return.
Signed: __________________________ Date: _____________________________
In the capacity of: ______________________ duly authorized to sign tenders on behalf
Of: ________________________________________________
(Name of firm, company, organization) (BLOCK CAPITALS)
Postal Address: _____________________________________________________
Telephone: _______________________ Fax: _____________________
GOVERNMENT OF LESOTHO
Form 25.4.2 (Edn 12/060
CERTIFICATE OF BONA FIDE TENDERING
Tender No: ENV/4/5//4/2023-24
Due for Return by: 7th December, 2023
Subject: ‘Provision of Security Services at the Ministry of Defense, National Security and Environment ’. We hereby certify that the offer made in connection with the above tender is intended to be genuinely competitive. No aspect of the price has been fixed or adjusted by any arrangement with any third party, with the exception of any information attached hereto, (see*below). In particular:
- The offered price has not been divulged to any person,
- No arrangement has been made with any person that he should refrain from tendering,
- No arrangement has been made with any person to the effect that we will refrain from Bidding on a future occasion,
- No discussion with any person has taken place concerning the details of either’s proposed Price and,
- No arrangement has been made with any person otherwise to limit genuine competition. We understand that any instances of illegal cartels or market sharing arrangements suspected by the government of Lesotho will be referred to the appropriate government agency for investigation and may be subject to appropriate legal action.
We understand that any misrepresentations may also be the subject of criminal investigation or used as the basis for civil action.
In this Certificate “arrangement” includes any transaction, or agreement, private or open, or collusion, formal or informal, and whether or not legally binding.
*Information is/is not attached hereto. (Delete as appropriate)
Signed_____________________________Name and Position: _________________________
On behalf of: ______________________________ Date: ________________________
(Name of firm/company/organization)
GOVERNMENT OF LESOTHO
FORM 25.4.1 (Edn 12/06)
LIST OF MANDATORY DOCUMENTS
| Tender Number | ENV/4/5//4/2023-24 |
| Requirement: | Provision of Security Services at the Ministry of Defense, National Security and Environment |
| Due Date for Return: | 7th December, 2023 |
| Procurement Unit: | Provision of Security Services at the Ministry of Defense, National Security and Environment |
- Please note that there is a mandatory requirement for the following documents in support of your tender in respect of the above requirement. The submission of these documents shall be checked by the Tender Panel at the Public opening of tenders and the presence, or absence, of each mandatory document shall be recorded below.
- Failure to supply any of these documents will result in “apparent non-compliance” on your part and this will be announced by the Tender Panel at the public opening.
LIST OF MANDATORY DOCUMENTS REQUIRED
| Details of document | Tender Panel Use only | |
| Provided with tender | ||
| Yes | No | |
| Certificate of Bonafide Tendering- signed or stamped | ||
| Certified Copy of registration certificate | ||
| Certified copy of Valid Tax Clearance | ||
| Certified copy of firearm license | ||
| 1% of quoted bid price as bid security in the form of bank guarantee cheque | ||
GOVERNMENT OF LESOTHO
Standard conditions of Contract
SC1. Definition – in these conditions
“Authority” means the correctly constituted public Body in Lesotho
“Contractor” means the supplier of any goods or Services under the Contract.
“Contract” means the documents forming the Contractor’s quotation or tender and the Department’s acceptance thereof, including this Purchase Order.
“Goods” means anything supplied or to be supplied to the Authority under the Contract.
“Services” means any services provided or to be provided to the Authority under the Contract.
SC2 Law
The Contract shall be governed by and interpreted in accordance with Lesotho Law.
SC3. Specification
The Description of the Goods provided under the Contract and attached in a schedule to the contract
SC4.Variations to the Contract
The contract may only be varied in writing and with the agreement of both parties.
SC5.Inspection, Rejection and Guarantee
The Contractor/Supplier shall permit the Authority/Buyer or his authorized representatives to make any inspections or tests he may reasonably require and the Contractor/supplier shall afford all reasonable facilities and assistance free of charge at his premises. No failure to make a complaint at the time of such inspections or tests and no approval given at the time of such inspections shall constitute a waiver by the authority/Buyer of any rights or remedies in respect of the Goods. The Authority/Buyer may be written notice to the Contractor/supplier reject any of the Goods which fail to meet the requirements specified herein. Such notice shall be given within a reasonable time after delivery to the Authority/Buyer of the Goods concerned. If the authority/Buyer shall reject any or all the Goods pursuant to this Condition the Authority/Buyer shall be entitled (without prejudice to his other rights and remedies) either to:
- Have the goods concerned either repaired by the Contractor/Supplier as quickly as possible or replaced by the Contractor/supplier with Goods which comply in all respects with the requirements specified herein; or
- Obtain a refund from the Contractor/Supplier in respect of the Goods concerned. The guarantee period applicable to the Goods shall be 12 months from putting into service or 18 months from delivery; whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Authority/Buyer and the Contractor/supplier). If the authority/Buyer given notice in writing to the Contractor/Supplier within the guarantee period or within 30 days thereafter of any defect in any of the Goods as may have arisen during the guarantee period under proper and normal use the Contractor/supplier shall (without prejudice to any other rights and remedies which the Authority/Buyer may have) as quickly as possible remedy such defects (whether by repair or replacement as the Authority/Buyer shall elect) without cost to the Authority/Buyer. Any Goods rejected or returned by the Authority/Buyer as described above shall be returned to the contractor/supplier at the Contractor/supplier’s own risk and expense.
SC6. Invoices and Payment
A priced invoice showing VAT separately and bearing this Purchase Order number shall be forwarded to the address given. Payment shall be made within 30 days of delivery or completion of the Goods or Services whichever is the later, except where the invoice is in dispute.
SC7. Recovery of sums from Contractor
Whenever under the Contract any sum or sums of money shall be recoverable from or payable by the Contractor to the authority, the same may be deducted from any sum then due, or which at any later time may become due, to the Contractor under the Contract or under any other contract with the Authority or with any Authority, agency or office of the Government of Lesotho’
SC8. Loss or Damage
The contractor shall, without delay and at his own expense, reinstate, replace or make good to the satisfaction of the authority, or if the authority agrees, compensate the Authority, for any loss or damage connected with the execution of the Contract, except to the extent that such loss or damage is caused by the neglect or default of the Authority. “Loss or damage” includes: loss or damage to property; personal injury to or the sickness or death of any person; loss of profits or loss of use suffered as a result of any loss or damage.
SC9 Property at Risk
Property and risk in the Goods shall without prejudice to any of the rights or remedies of the Authority/Buyer (including the Authority/Buyer’s rights and remedies under SC5 inspection and SC21 Rejection) pass to the Authority/buyer at the time of delivery.
SC10. Tax (Value Added Tax)
Tax where applicable shall be clearly shown on all invoices and statements as required by the laws of Lesotho.
SC11. Confidentiality
The Contractor undertakes to treat any information derived from or obtained in the course of the Contract as confidential and to take all necessary precautions to ensure that his employees and sub-contractors and their employees treat any information as confidential:
- Which is or becomes public knowledge (otherwise than by breach of this Condition);
- Which was in the possession of the receiving party, without restriction as to its disclosure, before receiving it from the disclosing Party;
- Which is received from third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- Is independently developed without access to the Confidential Information; or
- This must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the Party making the disclosure.
SC12 Default
Should there, in the sole opinion of the Authority/Buyer, be any failure on the part of the Contractor/Supplier to perform any obligation or service required of him under this Contract, or should the contractor/Supplier be otherwise in breach of any condition of the Contract, the Authority/Buyer may, without prejudice to any other rights, remove part or whole of the work required to be performed under this Contract, or terminate this Contract summarily; and if the Authority/Buyer should then make alternative arrangements for the performance of the Contract by a third party the Authority/Buyer shall be entitled to recover from the Contractor/Supplier any additional expenses incurred over the remaining terms of this Contract. Under such circumstances no further payments which may become due to the Contractor/supplier shall be paid until the full cost of re-establishing the Contract with the third party have been established. In the event of such failure or breach, the Authority/Buyer may debar the Contractor/Supplier and its servants and staff from the premises or from such of the premises as the Authority/Buyer may specify.
SC13. Termination
In addition to the rights of termination under paragraph SC12 (Default) the Authority/Buyer shall be entitled to terminate this contract by giving to the Contractor/Supplier a reasonable period of notice to that effect. Termination under SC12 (Default) or SC15 (Breach) shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereupon accrue to the Authority/Buyer and shall not affect the continued operation of any other conditions included in this contract.
SC14. Bankruptcy, Liquidation or other Financial Default of Contractor/Supplier
The Authority/Buyer may at any time by notice in writing summarily terminate the Contract without compensation to the Contractor/Supplier is a firm, any partner in that firm, shall at any time become bankrupt, or shall have an administrative order made against him, or shall make any composition or arrangements with or for the benefit of his creditors, or shall make any conveyance or assignment for the benefit of his creditors, or shall purport to do so; or
- If the Contractor/Supplier being a company, shall pass a resolution, or the Court shall make an order, that the company shall be wound up, or if a receiver or manager on behalf of a creditor shall be appointed, or if circumstances shall arise which entitle the Court to make a winding-up order. Provided always that such termination shall not prejudice or affect any rights of action or remedy which shall have accrued or shall thereafter to the Authority/Buyer.
SC15. Breach
The Authority shall, in addition to its powers under these conditions, have the power to terminate the Contract at any time by giving the Contractor one month’s written notice. The Authority reserves the right to direct the Contractor to cease all work connected with the Contract during the period of notice. Where the Authority has invoked either of these rights, the Contractor may claim reasonable costs necessarily and properly incurred by him, excluding loss of profit. For the avoidance of doubt the Contractor’s claim under this condition may not exceed the total cost of the Contract.
SC16 Discrimination and Human Rights
Neither party shall unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability or gender.
SC17. Assignment and sub-contracting
The Contractor/Supplier shall not without consent of the Authority/Buyer assign or sub-contract the whole or part of this Contract. No sub-contracting by the Contractor/Supplier shall even with the consent of the Authority/Buyer as aforesaid relieve the contractor/Supplier of any of his responsibilities under this Contract, Where the Contractor/Supplier enters into a sub-contact for the purpose of performing the contract, or part thereof, he shall cause a term to be included in such sub-contract which requires payment to be made to the sub-contractor within the specified period not exceeding thirty (30) days from receipt of a valid invoice as defined by the sub-contract requirement.
SC18. Corrupt Gifts and Payments of Commission
The Contractor shall not receive or agree to receive from any person, or offer or agree to give to any person, or procure for any person, any gift or consideration of any kind as an inducement or reward for doing or not doing anything, or for showing favour or disfavour to any person in relation to the Contract.
SC19. Official Secrets
The Contractor shall take all reasonable steps to ensure that all persons employed by him or by any sub-contractor in connection with the Contract are aware of the correct procedure should Official Secrets be encountered during and after performance of any work under or in connection with the Contract.
SC20. Security
The Contractor shall ensure that any of his staff who have access to or are employed on the Authority’s premises, comply with the Authority’s Safety and security procedures and instructions.
SC21. Contractor’s duties
21.1. The contractor shall supply the Goods specified in any Purchase Order, Goods may be returned at the Contractor’s expense if they do not correspond with the Purchase Order.
21.2. All Goods shall be delivered, carriage paid, at the place and time specified and only between 9.00am and 4.00pm Mondays to Fridays, unless otherwise agreed. An advice Note may be sent by post and a Delivery Note must accompany the Goods.
21.3 The cost of packaging will deemed to be included in the cost of the Goods. If the Contractor requires packaging to be returned, it will be returned at the contractor’s expense.
SC22 Notices
Any notice or other communication should be given by letter through the post or electronic email confirmed by letter, to the address shown on the attached contract. If the other party does not acknowledge receipt and the relevant letter is not returned as undelivered, the notice or communication shall be deemed to have been given three (3) working days after the date the letter was posted.
SC23Dispute Resolution
23.1 the parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the contract within (30) days of either Party notifying the other of the dispute such efforts shall involve the escalation of the dispute to the (procurement or finance director) (or equivalent) of each Party.
23.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from court of the competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other party to do any act.
23.5 If the dispute cannot be resolved by the Parties the dispute shall be referred to mediation unless
(a) The Authority considers that the dispute is not suitable for resolution by mediation; or
(b) The Contractor does not agree to mediation
23.6 The performance of the Contract shall not be suspended, cease or be delayed by the reference of a dispute to mediation and the Contractor (or employee, agent, supplier or sub-contractor) shall comply fully with the requirements of the Contract at all times.
23.7The Parties shall not institute court proceedings until the procedures set out in preceding paragraphs of this clause have been attempted and have been completed save that:
(a) The Authority may at any time before court proceedings are commenced, serve a notice on the Contractor requiring the dispute to be referred to and resolved by arbitration.
(b) If the Contractor intends to commence court proceedings, it shall serve written notice on the Authority of its intentions and the Authority shall have 21 days following receipt of such notice to serve a reply on the Contractor requiring the dispute to be referred to and resolved by arbitration.
(c) The Contractor may request by notice in writing to the Authority that any dispute be referred and resolved by arbitration.
SC24. Use of the Procurement Tribunal
Nothing in these conditions shall, or shall deemed to, override or supersede the rights of either party to seek redress of any grievance arising from the contract, or its formation, from the Procurement Tribunal established by the Government of Lesotho (see Government of Lesotho Procurement Regulations 2007). Notwithstanding this right, the parties to the contract, or those involved in the formulation of the contract, must initially have attempted to resolve any dispute or conflict through formal complaint, mediation or arbitration as specified in these conditions of contract before any aggrieved party applies to the Tribunal for a determination or a hearing.
SC25. Indemnity and Insurance
The Contractor/Supplier warrants that he will use his best endeavours to avoid damage to property or injury to persons in executing the Contract. Without prejudice to any rights or remedies of the Authority/Buyer the Contractor/supplier shall indemnify the Authority/Buyer and the Government of Lesotho against all actions, suits, claims, demands, losses, charges, costs and expenses which the Authority/Buyer or the Government of Lesotho may suffer or incur as a result of or in connection with any damage to property or in respect of injury (whether fatal or otherwise) to any person, which caused directly or indirectly by any act or omission on the part of the Contractor/Supplier which may arise out of or in connection with this Contract. The Contractor/Supplier shall effect and maintain with reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor/Supplier, arising out of the Contractor’s/Suppliers performance of the Contract, in respect of death or personal injury, or loss of or damage to property. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Contractor/Supplier.
SC26 disclosure of Information
26.1 The authority reserves the general right to disclose information about this Contract, unless otherwise agreed in writing.
26.2 The Contractor shall keep confidential all aspects of the contract and information on the Authority unless the information is already in the public domain or the Authority has authorized disclosure of specific information.
SC27. Intellectual Property Rights
Subject to any prior rights of the Contractor, and to the rights of third parties or of the Government of Lesotho arising otherwise than under this Contract, all intellectual property rights, including copyright, resulting from this Contract shall vest in and be the absolute property of the Government of Lesotho.
SC28. Environmental Requirements
The Contractor shall supply the Goods in accordance with the Authority’s environmental policy, which is to conserve energy, water and other resources, reduce waste and phase out the use of ozone depleting substances and minimize the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
Standard Terms and Conditions (including Supplementary Conditions) for the Supply of Goods
Note: ‘The Authority’ means the (insert name of the buying Authority).Any reference to the name Authority.
Supplementary conditions of contract for goods:
- Prices etc
The prices inserted in the Schedule must be ‘net’, carriage paid, all cash and trade discounts being allowed for but must include the cost of non-returnable packing materials including wrappers etc, addressing, labelling and loading.
- Packing
All goods delivered under this contract are to be securely packed before dispatch and each package must be distinctly marked with the description and quantity of contents, with the name of the Contractor and with a description and quantity of contents, with the name of the Contractor and with a distinctive number or mark, which is to be shown for purposes of identification. All previous irrelevant markings must be carefully obliterated. Returnable packages must be clearly marked ‘RETURNABLE’ and will be returned at the contractor’s expense.
- Inspection
Inspection will be carried out to the satisfaction of the Authority
- Delivery
All items to be supplied under the Contract are required to be delivered by
——————2019 to the consignee detailed below (amend as appropriate to requirement)
CONSIGNEE
Cabinet Office
- Progress report
The Consignee is to be:
- As and when the goods to be supplied are ready for dispatch
- If difficulty is found in meeting the delivery terms stipulated in the Contract
- Defects
The Contractor shall make good to the satisfaction of the Authority with all due diligence and at his own expense any defects arising from the defective design, materials or workmanship or from any act or omission of the Contractor that may develop in the articles under proper use for a period of 12 months. The period to commence either; from the date of acceptance of the articles or if held in storage by the Authority, the date of issue from storage subject to a maximum storage period of 12 months.
- Prompt payment of sub-contractors
Where the Contractor enters a sub-contract with a supplier or contractor for the purpose of performing the Contract, he shall cause a term to be included in such subcontract which requires payment to be made to the supplier or contractor within a specified period not exceeding 30 days from receipt of a valid invoice as defined by the sub-contract requirements.
- Payment
- Claims for payment in respect of the Articles delivered under this Contract are to be submitted to the Contract Manager named in the Price Schedule.
- Separate claims should be submitted in respect of each delivery, (monthly/quarterly if required for call-off contracts or framework arrangements), each supported by detailed invoices covering the Articles supplied and by formal receipt notes received from the Consignee when satisfactory delivery has been made.
- Patents
All royalties, license fees or similar expenses for the supply or use of any invention, process, drawing, model, plan or information in connection with the Contract shall be deemed to have been included in the Contract Price. The contractor shall indemnify the Authority from and against all claims and proceedings, which may be made or brought against the Authority, and any damages, costs and expenses incurred by the authority in respect of such supply or use.
- Availability of Information
- The Contractor shall at all times during the course of the Contract and for a period of two years after final payment of all sums due under Contract, maintain in accordance with his normal procedures, a record of the costs incurred by him in the execution of the Contract including, for example, details of times taken of wage rates paid, and such further particulars reasonably specified by the Authority as being necessary for the purpose of determining such costs with reasonable accuracy.
- At any time before the expiry of the period mentioned in Clause 10.1, the Contractor shall, when requested by the Authority, furnish a summary of any such costs mentioned in form and detail as the Authority may reasonably require, and afford such facilities as the Authority may reasonably require for his representatives to visit the Contractor’s premises and examine the records under that Clause.
Optional Supplementary conditions for use in Call-Off or Framework Agreements
Supplementary Condition: 11. Contract Period
The contract shall commence on the date of the Authority’s formal letter of acceptance of the successful tender, and (deliveries shall commence on that date and be completed by/the period within which orders may be placed shall commence on that date and continue for (insert time period) /deliveries shall be completed by delete as appropriate).
Supplementary Condition: 12. Deliveries
Deliveries of orders placed during the terms of the contract are required to be completed within (insert time period) of receipt of each order or such earlier time as may be entered by the Tendered in the Schedule, in accordance with the following:
CONSIGNEE
Various locations in Lesotho (full details to be supplied to the successful tendered). (Complete as appropriate to the requirement)
Supplementary Condition 13: Estimated Requirements (call-off contracts
The Authority’s minimum quantity is stated in the Price Schedule and more may be demanded. The Contractor must clearly understand that the Authority does not bind itself to demand any quantities over and above the minimum specified, or to receive and pay for the quantities other than those specified or actually demanded.
Supplementary Condition 14: Estimated Requirements (Framework Arrangements)
The authority’s estimated quantity is stated in the Price Schedule and more or less may be demanded. The contractor must clearly understand that Authority does not bind itself to demand any quantities or to receive and pay for the quantities other than those actually demanded.
Supplementary condition 15: Authorized Ordering Officers
The contractor shall supply such quantities of the Articles as may be ordered by the following ordering officers; (insert names and divisions of ordering officers) and orders received by the Contractor from any other source must be sent unsanctioned to (insert name) at the address in the Price Schedule. Similarly, the contractor must not vary any order placed unless authorized in writing.
Supplementary Condition 16: Consideration
The tendered will in consideration of the payment of M10 (ten Maloti) undertake to keep his prices firm for (insert number of months/years) from the date of acceptance of the tender and thereafter will only claim variations in accordance with the terms of the contract documents.
Optional supplementary condition for variation of price
Supplementary Condition 21: Review of Prices in relation to Government Indices
21.1 With effect from (insert date) the contract Process shall be adjusted on the basis of the “attribution of costs” with which the Contractor has complemented his contract Prices in the Form of Tender.
21.2 The price review shall reflect the sum of the adjustments appropriate to the stated elements of cost.
21.3 The final calculated Contract Price adjustments shall be subject to a multiplier of (insert number) to reflect a non-variable element.
21.4 The initial price review shall be calculated by comparing the related index figure for the month three months prior to the second anniversary of the date of commencement of the Contract with the figure for the month three months prior to the date of the commencement of the Contract. Thereafter each such adjustment shall be calculated by comparing the related figure for the month three months prior to the date from which the review shall take effect with the figure for the same month in the previous year.
21.5 The percentage quoted by the Contractor in his/her form of tender when attributing his costs shall be agreed with him by the Authority and shall not be subject to amendment during the contract period.
21.6 In the event of a contract variation (see Condition – Alteration of specification etc) of Lesotho Standard Conditions of Government Contracts for Goods Purchases for being agreed between the Contractor and the Authority to take effect from date which does not coincide with the date of the annual review of Contract Prices any addition to the contract prices arising out of the variation shall attract only such proportion of the adjustment permissible under the review as is appropriate to the period between the date of the variation and the date from which the annual price review shall take effect.
21.7 If during the period of the Contract changes are promulgated in the manner in which the Indices stated above are calculated or if any of the indices cease to be published the Authority and the Contractor shall agree alternative means of affecting the annual review of contract rates.
