Standard WBHO Contractual Terms and Conditions

Should your quote be successful you will be required to adhere to the following Contractual Terms, Conditions and Requirements when entering into a contract with WBHO. If outside of RSA provide applicable local equivalent documentation.

Company Registration Proof of registration as a Company: CM1 Certificate of incorporation) or CoR 14.3 (Registration Certificate)
Tax: Please provide TAX Clearance Certificate
Statutory Industry Bodies Please indicate which Statutory industry bodies you are registered with and supply us with proof of registration.
Conditions of Purchase:

· Sub-contract Order

· Supply Only Order

Please see adjacent link of WBHO’s Standard Conditions of Purchase and Sub-Contract Agreement.
Workmen’s Compensation: Proof of valid workmen’s compensation insurance.
Occupational Health and Safety:

· WBHO OHS Selection Questionnaire

· WBHO OHS Control of Contractors

· WBHO OHS Mandatory Agreement

· WBHO Subcontractor Safety File

Subcontractors and suppliers are required to comply with the OHS Act, all Construction and Building Safety Regulations and WBHO’s Health & Safety Policies & Procedures. Please see adjacent link of WBHO’s Health & Safety documentation.
Quality Assurance:

· WBHO QA/QC Minimum Requirements

Quality workmanship is key in client satisfaction and retention. As an ISO 9001 certified supplier WBHO prides itself in delivering the highest level of quality for its clients. Accordingly, WBHO subcontractors and suppliers are expected to achieve and maintain the WBHO level of excellence and quality.

Please see adjacent link of WBHO’s QA/QC Minimum Requirements.

Broad Based Black Economic Empowerment:(RSA)

email scorecard to: scorecard@wbho.co.za

· WBHO Supplier Affidavit

BROAD-BASED BLACK ECONOMIC EMPOWERMENT (“B-BBEE”) OBLIGATIONS – PREFERENTIAL PROCUREMENT

In placing this order WBHO (“the Buyer’) is relying on the documentation provided by the Supplier in respect of the Supplier’s B-BBEE status to meet the targets of the Buyer’s Preferential Procurement obligations, The onus is on the Supplier to provide updated verification of this assessment, by a SANAS accredited verification Agency, on an annual basis. Should there be any change to:

  • the Supplier’s B-BBEE certificate (“B-BBEE Certificate”), submitted to WBHO on the date of placement of this order, reflecting a deterioration in any aspect of the B-BBEE Certificate for any reason; or
  • the B-BBEE compliance requirements in South Africa,

at any stage during the Project Period, then the Buyer and the Supplier shall meet, in good faith, to discuss and resolve the best way to address the effect of such changes on the Project. Should the Buyer and the Supplier fail to resolve the effect on the Buyer of these changes, then the Buyer shall be entitled , but not obliged, in its sole discretion to terminate this order.

The Buyer shall not be liable to the Supplier for any costs or charges whatsoever upon such termination of this order, save in respect of any outstanding payments to the value of goods delivered onto site and received in good order as at the date of termination of this order.

In accepting this order the Supplier hereby:

represents and warrants the accuracy, truthfulness and correctness of its B-BBEE Certificate; and

having regard to the severity of the penalties that may be suffered by the Buyer including third parties in relying on the accuracy, truthfulness and correctness of the Supplier’s B-BBEE Certificate, including, but not limited to, penalties associated with “fronting practices” as defined in the B-BBEE Act, No. 53 of 2003, as amended, indemnifies and holds the Buyer harmless against any and all loss or damage of whatsoever nature which third parties may suffer or sustain arising from or relating from any misrepresentation of the accuracy, truthfulness and correctness of the Buyer’s B-BBEE Certificate.

In its tender adjudication process, WBHO will prefer subcontractors and suppliers with a level 2 or higher B-BBEE Status level, subject to variation of this requirement in the sole discretion of WBHO.

A current B-BBEE certificate issued by an accredited B-BBEE verification professional is to be provided at the outset of any supplier or subcontractor’s engagement by WBHO.

· ALL subcontractors and suppliers who fall under the B-BBEE Generic Codes and can present affidavits as proof of B-BBEE status will in addition need to submit a WBHO supplier affidavit.

· ALL JV partners will need to submit a WBHO supplier affidavit in addition to providing their B-BBEE scorecard.

· The WBHO supplier affidavit must be renewed every year like a B-BBEE scorecard.

Failure by a supplier or subcontractor to submit a valid B-BBEE certificate or WBHO supplier affidavit will result in WBHO showing such supplier or subcontractor as uncaptured on our procurement reports.

The B-BBEE scorecard should be valid for the duration of the engagement of the supplier or subcontractor by WBHO; should the B-BBEE scorecard change or expire the onus shall be on the subcontractor or supplier to advise WBHO of such change and/or expiration and provide WBHO with a new valid B-BBEE scorecard.

Please see adjacent link of WBHO’s Supplier Affidavit.

Environmental:

· WBHO Environmental Minimum Requirements

All activities on site will be carried out in accordance with: the ISO14001 standards; WBHO Environmental Management system; client approved WBHO Environmental method statements and the Client’s Construction Environmental Management Plan (CEMP) and any other applicable legal requirements.

Please see adjacent link of WBHO’s Environmental Minimum Requirements.

Competition / Corruption:

· WBHO Compliance Certificate

All subcontractors and suppliers, who are successful, subsequent to the WBHO tender adjudication process, will be required to sign a compliance certificate to certify that they have not participated in or supported any corrupt or anti-competitive conduct prior to their engagement by WBHO on any project. Please see adjacent link of WBHO’s Compliance Certificate.
Human Rights: The engagement of a subcontractor or supplier will be subject to their complying with all applicable laws of the Republic of South Africa, including, but not limited to, the Constitution of the Republic of South Africa, 1996 , the Labour Relations Act, 1995 and the Basic Conditions of Employment Amendment Act, 2013.
Information Suppliers and subcontractors give WBHO permission to make known their name, address, and personal details to any person, whenever it is reasonably necessary for WBHO to properly perform its functions or protect its interests or when that information has been requested by any official regulatory or legislative body.

Additional Useful Links

OHS OHS
Competitions Commission Competition Commission
BBBEE BBBEE Act
Basic Conditions of Employment Basic Conditions of Employment