Provision and maintenance of a community shared network for capricorn district municipality (36-Month contract)

COMMMUNITY SHARED NETWORK FOR A PERIOD OF 36 MONTHS

THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).

OR SERVICE LEVEL AGREEMENT OF CAPRICORN DISTRICT MUNICIPALITY

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (CAPRICORN DISTRICT

MUNICIPALITY 41 BICCARD STREET POLOKWANE) not later than 11:00 on 04 MARCH 2026

An official and compulsory site inspection will be held on 12 February 2026, District Municipality, Function Room, 41

Biccard Street, Polokwane, S23o54’44.12196” E29o27’24.72336 at 10:00 am”

The Bid box is generally open 24 hours, 7 days a week.

Completed Bid document, fully priced and signed must be sealed in an envelope marked “Bid number and Bid

description”

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted

for consideration.

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

TAX COMPLIANCE STATUS TCS PIN: OR CSD No:

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ARE YOU A Yes No Yes No

FOREIGN BASED

ARE YOU THE ACCREDITED

SUPPLIER FOR

REPRESENTATIVE IN SOUTH [IF YES, ANSWER THE GOODS

AFRICA FOR THE GOODS [IF YES ENCLOSE PROOF] PART B:3 ] /SERVICES

/SERVICES OFFERED?

OFFERED?

TOTAL BID PRICE

TOTAL NUMBER OF ITEMS (COMBINED R

OFFERED RATES)

....................................SIGNATURE OF BIDDER DATE

CAPACITY UNDER WHICH THIS

BID IS SIGNED

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TECHNICAL INFORMATION MAY BE DIRECTED

TO: TO:

CORPORATE

DEPARTMENT SERVICES-ITC CONTACT PERSON Mr. Pheeha Asiti

Kwena Mashiane/ Ms.

CONTACT PERSON Violet Masemola TELEPHONE NUMBER 015 294 1045

015 294 1039/015 294

TELEPHONE NUMBER 1210 FACSIMILE NUMBER N/A

FACSIMILE NUMBER N/A E-MAIL ADDRESS [email protected]

E-MAIL ADDRESS [email protected]

[email protected]

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PART B

TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:

1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE

ACCEPTED FOR CONSIDERATION.

1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED (NOT TO BE RE-TYPED) OR ONLINE

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE

PREFERENTIAL PROCUREMENT REGULATIONS THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF

APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY

SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-

FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS

THROUGH THE WEBSITE WWW.SARS.GOV.ZA.

2.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.

2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST

SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE

(CSD), A CSD NUMBER MUST BE PROVIDED.

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES

NO

3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX

COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT

REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.

SIGNATURE OF BIDDER: ...................................................

CAPACITY UNDER WHICH THIS BID IS SIGNED: ...................................................

DATE: ...................................................

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BID NOTICE

RESPONSIVENESS AND EVALUATION CRITERIA

FORM “A” BID FORM

FORM “B” GENERAL CONDITIONS OF CONTRACT

FORM “C” GENERAL PROCEDURES

FORM “D” BID SPECIFICATIONS

SPECIAL CONDITIONS OF CONTRACT (IF ANY)

MBD 4 DECLARATION OF INTEREST

MBD 5 DECLARATION FOR PROCUREMENT ABOVE R10 MILLION

MBD 6.1 PREFERENTIAL PROCUREMENT FORM

MBD 7.1 CONTRACT FORM – PURCHASE OF GOODS/WORKS

MBD 7.2 CONTRACT FORM - RENDERING SERVICES

ANNEXURE “A” EVALUATION PROCESS AND CRITERIA

MBD 8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN

MANAGEMENT PRACTICES

MBD 9 CERTIFICATE OF INDEPENDENT DIB DETERMINATION

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BID: COR-IT23/2025/2026

DIRECTORATE: CORPORATE SERVICES

Bids are hereby invited for the COMMMUNITY SHARED NETWORK FOR A PERIOD OF 36 MONTHS. Bidders

should ensure that bids are delivered timorously to the correct address. If the bid is late, it will not be

accepted for consideration.

The Municipality shall adjudicate and award bids in accordance with price and specific goals, on

80/20-point system. Functionality, prospective bidders must accept that the bid will be

adjudicated, according to the said legislation. Bids will remain valid for 90 (ninety) days.

N.B: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE

(as defined in Regulation 1 of the Local Government: Municipal supply chain Management

Regulations)

Mr. Ramakuntwane Selepe

Municipal Manager

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RESPONSIVENESS AND EVALUATION CRITERIA

CAPRICORN DISTRICT MUNICIPALITY WILL CONSIDER NO BID UNLESS ITS MEETS THE

FOLLOWING RESPONSIVENESS CRITERIA

• The bid must be properly received in a sealed envelope clearly indicating the description

of the service and the bid number for which the bid is submitted.

• The bid must be deposited in the relevant bid box as indicated on the notice of the bid on

or before the closing date and time of the bid.

• A valid Central Supplier Database Number (CSD)

• Bid forms must be completed in full and each page of the bid initialed.

• Submission of a Joint Venture Agreement, where applicable, which has been properly

signed by all parties.

• Proof of payment of municipal rates and taxes or letter from tribal authority or valid lease

agreement must be attached for company & all directors (If JV Both).

• Complies with the requirements of the bid and technical specifications.

• Registered in the relevant contractor category in the Construction Industry Development

Board Register of Contractor (CIDB) in case of construction work.

• Adheres to Pricing Instructions.

• Financial ability to execute contact.

• Comply in full and observe the requirements of the Notice to Bidders

• Experience with similar work – demonstrate a track record of a project of similar scope

and size.

EVALUATION OF BIDS

a) Policy, the Preferential Procurement Policy Framework Act, and other applicable

legislations.

b) The Council reserves the right to accept all, some, or none of the bids submitted –

either wholly or in part – and it is not obliged to accept the lowest bid.

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PHASE 1:

PLEASE NOTE

a) The person committed a corrupt or fraudulent act during the procurement process

or in the execution of the contract, or

b) An official or other role player committed any corrupt or fraudulent act during the

procurement process or in the execution of the contract that benefited that person.

The Municipal Manager may reject the bid or quote of any person if that person

or any of its directors has:

c) Failed to pay municipal rates and taxes or municipal service charges and such

rates, taxes and charges are in arrears for more than three months.

d) Failed, during the last five years, to perform satisfactorily on a previous contract

with the Capricorn District Municipality or any other organ of State after written

notice was given to that bidder that performance was unsatisfactory.

e) Abused the supply chain management system of the Municipality or have

committed any improper conduct in relation to this system.

f) Been convicted of fraud or corruption during the past five years.

g) Willfully neglected, reneged on or failed to comply with any government, municipal

or other public sector contract during the past five years; or

h) Been listed in the Register for Tender Defaulters in terms of section 29 of the

Prevention and Combating of Corrupt Activities Act (No. ) or has been

listed on National Treasury’s database as a person prohibited from doing business

with public sector.

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FORM A

BID NO: COR-IT23/2025/2026

I/We, the undersigned:

a) Bid to supply and deliver to Capricorn District Municipality all or any of the supplies and to

render all the articles, goods, materials, services or the like described both in this and the

other Scheduled to this Contract.

b) Agree that we will be bound by the specifications, prices, terms and conditions stipulated

in those Schedules attached to this bid document, regarding delivery and execution.

c) Further agree to be bound by those conditions, set out in Forms, MBD’s, SBD’s and the

Annexures attached hereto, should this bid be accepted in whole or in part.

d) Confirm that this bid may only be accepted by the Capricorn District Municipality by way

of a duly authorized Letter of Acceptance; and,

e) Declare that the relevant authorized person thereto will initial each page of the bid

document and amendments.

f) Declare that all information provided in respect of the bidder as well as the bid documents

submitted are true and correct.

g) Declare that documentary proof regarding aspects of the bid process or accidental thereto

will, when required, be submitted to the satisfaction of the Municipality.

h) I/We choose domicile citandi et executeandi at

.....................................................................................................................

...

.....................................................................................................................

...

............................................................

In the Republic of South Africa

Name of Firm: ..................................................................................

Authorized Representative....................................................... (print)

Signed Place and Date...................................................................

Witness..................................................................................... (print)

Signed Place and Date...................................................................

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AUTHORITY FOR SIGNATORY

Signatories for close corporations and companies shall conform to their authority by attaching to

this form a duly signed and dated copy of the relevant resolution of their members or their board

of directors, as the case may be.

“By resolution of the board of directors passed on _____________________ 20____

Mr./Ms. ___________________________________________

Has been duly authorized to sign all documents in connection with the bid for

Contract ______________________________________ No ____________________

And any Contract, which may arise there from on behalf of

Signed on behalf of the company:

In his/her capacity as:

Date: _____________________

Signature of signatory ____________________________

As witness: 1. _______________________________

2. _______________________________

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FORM B

General Conditions of Contract

1 DEFINITION

The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt

of

Bids

1.2 “Contract” means the written agreement entered into between the purchaser and the

supplier, as recorded in the contract form signed by the parties, including all attachments and

appendices thereto and all documents in commodity by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and

proper performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by

its government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or

from which the services are supplied. Goods are produced when, through manufacturing,

processing or substantial and major assembly of components, a commercially recognized

new product results that is substantially different in basic characteristics or in purpose or utility

from its components.

.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the

specified store or depot or on the specified site in compliance with the conditions of the

contract or order, the supplier bearing all risks and charges involved until the goods are so

delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in

the RSA at lower prices than that of the country of origin and which have the potential to

harm the local industries in the RSA.

1.12” Force majeure” means an event beyond the control of the supplier and not involving the

supplier’s fault or negligence and not foreseeable. Such events may include, but is not

restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods,

epidemics, quarantine restrictions and freight embargoes.

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1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of any bidder, and

includes collusive practice among bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of

component parts or materials which have been or are still to be imported (whether by the

supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as landing costs, dock dues, import duty , sales duty

or other similar tax or duty at the South African place of entry as well as transportation and

handling charges to the factory in the Republic where the goods covered by the bid will be

manufactured.

1.17 “Local content” means that portion of the bidding price, which is not included in the imported

content provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labor, materials,

component and machinery and includes other related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the

rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means that functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning,

provision of technical assistance, training, catering, gardening, security, maintenance and

other such obligations of the supplier covered under the contract.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and

administer the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract.

1.27 “Turnkey” means a procurement process where one service provider assumes total

responsibility for all aspects of the project and delivers the full end product / service required

by the contract

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1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical

writing.

2. Application

2.1 These general conditions are applicable to all bids, contracts and orders including bids for

functional and professional services (excluding professional services related to the

building

and construction industry), sales, hiring, letting and the granting or acquiring of rights, but

excluding immovable property, unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific

goods,

services or works.

2.3 Where such special conditions of contract are in conflict with these general conditions, the

special conditions shall apply.

3. General

3.1

Unless otherwise indicated in the bidding documents, the purchaser shall not be

liable for any expense incurred in the preparation and submission of a bid. Where

applicable a nonrefundable fee for documents may be charged

3.2

Invitations to bid are usually published in e-Tender and on the

municipality/municipal entity website.

4. Standards

4.1 The goods supplied shall conform to the standards mentioned in the bidding

documents and specifications.

5. Use of contract documents and information inspection

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract,

or any provision thereof, or any specification, plan, drawing, pattern, sample, or

information furnished by or on behalf of the purchaser in connection therewith, to any

person other than a person employed by the supplier in the performance of the contract

disclosure to any such employed person shall be made in confidence and shall extend

only so far as may be necessary for purposes of such performance

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any

document or information mentioned in GCC clause 5.1 except for purposes of performing

the contract.

5.3 Any document, other than the contract itself mentioned in GC Clause 5.1 shall remain the

property of the purchaser and shall be returned (all copies) to the purchaser on completion

of the supplier’s performance under the contract if so, required by the purchaser.

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5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the

performance of the supplier and to have them audited by auditors appointed by the

purchaser, if so, required by the purchaser.

6. Patent Rights

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of

Patent, trademark, or industrial design rights arising from use of the goods or any part

thereof by the purchaser.

6.2 When a supplier developed documentation / projects for the municipality / municipal entity,

the intellectual, copy and patent rights or ownership of such documents or projects will vest

in the municipality / municipal entity.

7. Performance security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder

Furnish to the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as

compensation for any loss resulting from the supplier’s failure to complete his obligations

under the contract.

7.3 The performance security shall be denominated in the currency of the contract or in a

freely.

convertible currency acceptable to the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located

in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in

the

bidding documents or another form acceptable to the purchaser; or

(b) a cashier’s or certified cheque.

7.4 The performance security will be discharged by the purchaser and returned to the supplier

not later than thirty (30) days following the date of completion of the supplier’s

performance.

obligations under the contract, including any warranty obligations, unless otherwise

specified.

8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that goods to be produced or services to be rendered should at any

stage be subject to inspections, tests and analyses, the bidder or contractor’s premises

shall be open, at all reasonable hours, for inspection by a representative of the purchaser

or organization acting on behalf of the purchaser.

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8.3 If there are no inspections requirements indicated in the bidding documents and no

mention is Made in the contract, but during the contract period it is decided that inspections

shall be carried out, the purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2and 8.3 show the goods to

be in accordance with the contract requirements, the cost of the inspections, tests and

analyses shall be defrayed by the purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the

contract requirements, irrespective of whether such goods or services are accepted or

not, the cost in connection with these inspections, tests or analyses shall be defrayed by

the supplier.

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply

with the contract requirements may be rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analyzed and may be.

rejected if found not to comply with the requirements of the contract. Such rejected goods

shall be held at the cost and risk of the supplier who shall, when called upon, remove

them.

immediately at his own cost and forthwith substitute them with goods, which do comply

with the requirements of the contract. Failing such removal the rejected goods shall be

returned at the supplier’s cost and risk. Should the supplier fail to provide the substitute

goods forthwith, the purchaser may, without giving the supplier further opportunity to

substitute the rejected goods, purchase such goods as may be necessary at the expense

of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel

the contract on account of a breach of the conditions thereof, or to act in terms of Clause

22 of GCC.

9. Packing

9.1 The supplier shall provide such packing of the goods as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the contract.

The packing shall be sufficient to withstand, without limitation, rough handling during

transit and exposure to extreme temperatures, salt and precipitation during transit, and

open storage. Packing, case size weights shall take into consideration, where appropriate,

the remoteness of the goods’ final destination and the absence of heavy handling facilities

at all points in transit.

9.2 The packing, marking, and documentation within and outside the packages shall comply

strictly with such special requirements as shall be expressly provided for in the contract,

including additional requirements, if any, and in any subsequent instructions ordered by

the purchaser.

10. Delivery and documents

10.1 Delivery of the goods and arrangements for shipping and clearance obligations, shall be.

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made by the supplier in accordance with the terms specified in the contract.

11. Insurance

11.1 The goods supplied under the contract shall be fully insured in a freely convertible

currency.

against loss or damage incidental to manufacture or acquisition, transportation, storage

and delivery in the manner specified.

12. Transportation

12.1 Should a price other than an all-inclusive delivered price be required, this shall be

specified.

13. Incidental Services

13.1 The supplier may be required to provide any or all of the following services, including.

additional services, if any:

(a) Performance or supervision of on-site assembly and/or commissioning of the

supplied goods.

(b) Furnishing of tools required for assembly and/or maintenance of the supplied

goods.

(c) Furnishing of a detailed operations and maintenance manual for each appropriate

unit of the supplied goods.

(d) performance or supervision or maintenance and/or repair of the supplied goods,

for a period of time agreed by the parties, provided that this service shall not relieve

the supplier of any warranty obligations under this contract; and

(e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in

assembly, start- up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price

for the goods, shall be agreed upon in advance by the parties and shall not exceed the

prevailing rates charged to other parties by the supplier for similar services.

14. Spare parts

14.1 As specified, the supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to spare parts manufactured or distributed by the

supplier:

(a) Such spare parts as the purchaser may elect to purchase from the supplier,

provided that this election shall not relieve the supplier of any warranty

obligations under the contract, and.

(b) In the event of termination of production of the spare parts:

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(i) Advance notification to the purchaser of the pending termination, in

sufficient time to permit the purchaser to procure needed requirements;

and

(ii) Following such termination, furnishing at no cost to the purchaser, the

blueprints, drawings, and specifications of the spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the

most recent or current models, and that they incommunity all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials,

or workmanship (except when the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may develop under normal

use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion

thereof as the case may be, have been delivered to and accepted at the final destination

indicated in the contract, or for eighteen (18) months after the date of shipment from the

port or place of loading in the source country, whichever period concludes earlier, unless

specified otherwise.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this

warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to

the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified,

the purchaser may proceed to take such remedial action as may be necessary, at the

supplier’s risk and expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

16. Payment

16.1 The method and conditions of payment to be made to the supplier under this contract shall

be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the

Delivery note and upon fulfillment of other obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30)

days after submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

17. Prices

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17.1 Prices charged by the supplier for goods delivered and services performed under the

contract shall not vary from the prices quoted by the supplier in his bid, with the exception

of any price adjustments authorized or in the purchaser’s request for bid validity extension,

as the case may be.

18. Variation orders

18.1 In cases where the estimated value of the envisaged changes in purchase does not vary

more than 15% of the total value of the original contract, the contractor may be instructed

to deliver the goods or render the services as such. In cases of measurable quantities, the

contractor may be approached to reduce the unit price, and such offers may be accepted

provided that there is no escalation in price.

19.Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the

contract, except with the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contract if not already specified in the bid. Such notification, in the original bid or later, shall

not relieve the supplier from any liability or obligation under the contract.

21. Delays in the performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should

encounter conditions impeding timely delivery of the goods and performance of services,

the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the

purchaser shall evaluate the situation and may at his discretion extend the supplier’s time

for performance, with or without the imposition of penalties, in which case the extension

shall be ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the goods are required, or the supplier’s services are

not readily available. 21.4 Except as provided under GCC Clause 25, a delay by the

supplier in the performance of its delivery obligations shall render the supplier liable to the

imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed

upon pursuant to GCC Clause 22.2 without the application of penalties.

21.4 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser

shall, without cancelling the contract, be entitled to purchase goods of a similar quality and

up to the same quantity in substitution of the goods not supplied in conformity with the

contract and to return any goods delivered later at the supplier’s expense and risk, or to

Tender document not properly stapled and banded will lead to automatic disqualification

cancel the contract and buy such goods as may be required to complete the contract and

without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to

perform the services within the period(s) specified in the contract, the purchaser shall,

without prejudice to its other remedies under the contract, deduct from the contract price,

as a penalty, sum calculated on the delivered price of the delayed goods or unperformed

interest rate calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s)

specified in the contract, or within any extension thereof granted by the

purchaser pursuant to GCC Clause 21.2.

(b) If the supplier fails to perform any other obligation(s) under the contract; or

(c) If the supplier, in the judgment of the purchaser, has engaged in corrupt or

fraudulent practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may

procure, upon such terms and in such manner, as it deems appropriate, goods, works of

service similar to those undelivered, and the supplier shall be liable to the purchaser for

any excess costs for such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide

to impose a restriction penalty on the supplier by prohibiting such supplier from doing

business with the public sector for a period not exceeding 10 years. 23.4 If a purchaser

intends imposing a restriction on a supplier or any person associate time period of not

more than fourteen (14) days to provide reasons why the envisaged restriction should not

be imposed. Should the supplier fail to respond within the stipulated fourteen (14) days

the purchaser may regard the supplier as having no objection and proceed with the

restriction.

23.4. Any restriction imposed on any person by the purchaser will, at the discretion of the

purchaser, also be applicable to any other enterprise or any partner, manager, director or

other person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first- mentioned person, and with which enterprise or person the first-

mentioned person, is or was in the opinion of the purchaser actively associated.

23.5 If a restriction is imposed, the purchaser must, within five (5) working days of such

imposition, furnish the National Treasury, with the following information:

(i) The name and address of the supplier and / or person restricted by the purchaser.

Tender document not properly stapled and banded will lead to automatic disqualification

(ii) The date of commencement of the restriction

(iii) The period of restriction; and

(iv) The reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or

persons prohibited from doing business with the public sector.

23.6. If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of

the Prevention and Combating of Corrupt Activities Act, No. , the court may also

rule that such person’s name be endorsed on the Register for Tender Defaulters. When a

person’s name has been endorsed on the Register, the person will be prohibited from

doing business with the public sector for a period not less than five years and not more

than 10 years. The National Treasury is empowered to determine the period of restriction,

and each case will be dealt with on its own merits. According to section 32 of the Act the

Register must be open to the public. The Register can be perused on the National

Treasury website.

24. Antidumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or anti-dumping or

countervailing duties are imposed, or the amount of a provisional payment or anti-dumping

or countervailing right is increased in respect of any dumped or subsidized import, the

State is not liable for any amount so required or imposed, or for the amount of any such

increase. When, after the said date, such a provisional payment is no longer required or

any such anti-dumping or countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favorable difference shall on

demand be paid forthwith by the supplier to the purchaser or the purchaser may deduct

such amounts from moneys (if any) which may otherwise be due to the supplier in regard

to goods or services which he delivered or rendered, or is to deliver or render in terms of

the contract or any other contract or any other amount which may be due to him.

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable

for forfeiture of its performance security, damages, or termination for default if and to the

extent that his delay in performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing

of such condition and the cause thereof. Unless otherwise directed by the purchaser in

writing, supplier shall continue to perform its obligations under the contract as far as is

reasonably practical and shall seek all reasonable alternative means for performance not

prevented by the force majeure event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination

will be without compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or will accrue

thereafter to the purchaser.

Tender document not properly stapled and banded will lead to automatic disqualification

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort

to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by

such mutual consultation, then either the purchaser or the supplier may give notice to the

other party of his intention to commence with mediation. No mediation in respect of this

matter may be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a

South African court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) The parties shall continue to perform their respective obligations under the contract

unless they otherwise agree; and

(b) The purchaser shall pay the supplier any monies due the supplier for goods delivered

and / or services rendered according to the prescripts of the contract.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of

infringement Pursuant to Clause 6.

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise,

for any indirect or consequential loss or damage, loss of use, loss of production, or

loss of profits or interest costs, provided that this exclusion shall not apply to any

obligation of the supplier to pay penalties and/or damages to the purchaser; and

(b) The aggregate liability of the supplier to the purchaser, whether under the contract, in

tort or otherwise, shall not exceed the total contract price, provided that this limitation

shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents

pertaining to the contract that is exchanged by the parties shall also be written in English.

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise

specified.

31. Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered

or certified mail and any other notice to him shall be posted by ordinary mail to the address

furnished in his bid or to the address notified later by him in writing and such posting shall

be deemed to be proper service of such notice.

Tender document not properly stapled and banded will lead to automatic disqualification

31.2 The time mentioned in the contract documents for performing any act after such aforesaid

notice has been given, shall be reckoned from the date of posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees,

and other such levies imposed outside the purchaser’s country. 32.2 A local supplier shall

be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the

contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior

to the award of a bid SARS must have certified that the tax matters of the preferred bidder

are in order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and

municipal services charges are in arrears.

33. Transfer of contracts

33.1 The contractor shall not abandon, transfer, cede, assign or sublet a contract or part thereof

without the written permission of the purchaser.

34. Amendment of contracts

34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend or vary

is entered into in writing and signed by the contracting parties. Any waiver of the

requirement that the agreement to amend or vary shall be in writing, shall also be in writing.

35. Prohibition of restrictive practices

35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an

agreement between, or concerted practice by, firms, or a decision by an association of

firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is /

are or a contractor(s) was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the

Purchaser has / have engaged in the restrictive practice referred to above, the purchaser

may refer the matter to the Competition Commission for investigation and possible

imposition of administrative penalties as contemplated in section 59 of the Competition

Act No 89 0f 1998.

35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission

of the restrictive practice referred to above, the purchaser may, in addition and without

prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered,

and / or terminate the contract in whole or part, and / or restrict the bidder(s) or

Tender document not properly stapled and banded will lead to automatic disqualification

contractor(s) from conducting business with the public sector for a period not exceeding

ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.

Tender document not properly stapled and banded will lead to automatic disqualification

FORM “C”

GENERAL PROCEDURES

1 General Directives

1.1 The following general procedures contained in this document have been laid down by the

Council and are applicable to all bids, orders and contracts, unless otherwise approved by

the Council prior to the invitation of the bids.

1.2 Where applicable, special conditions or procedures are also laid down by the Council to

cover specific supplies or services.

1.3 Where such special conditions or procedures are in conflict with the general conditions and

procedures, the special conditions or procedures shall apply.

1.4 The bidder shall satisfy himself/herself with the conditions and circumstances of the bid. By

bidding, the bidder shall deem to have satisfied himself/herself as to all the conditions and

circumstances of the bid.

1.5 Formal contract are concluded with the contractors only where this requirement is stated in

the bid invitation.

1.6 All bids with regard to the bidding of a service e.g. materials, cleaning services; professional

services, etc. shall be subject to the negotiation of a Service Level agreement between the

successful contractor and the Municipality. The acceptance of this Service Level

Agreement is subject to the approval by the Council of the Municipality.

1.7 The written acceptance of bid shall be posted to the bidder or contractor concerned by

registered or certified mail.

2 Issuing of bid documents

On the date that the advertisement appears in the Municipality’s Tender Bulletin, and or

Municipal website, e-Tender, prospective bidders may request copies of the tender

documentation.

The Supply Chain Management Unit will keep a register, and potential bidders should sign

for receipt of the bid documentation. If a fee is payable, an official receipt must be issued

before the bid document is handed to the bidder.

No bid responses from any bidder should be accepted if sent via the Internet, e-mail or fax.

Only the Supply Chain Management Unit will have direct communication between the

potential bidders and will facilitate all communication between potential bidders and the

Municipality with regard to any advertised bid. No line function staff should be allowed to

communicate with potential bidders without the approval by the Manager: Supply Chain

Management Unit.

Tender document not properly stapled and banded will lead to automatic disqualification

The Supply Chain Management Unit will only consider request for the extension of the

closing dates of advertised bid if the postponed date can be advertised in the media used

to advertise before the original closing date. The closing time may be postponed only if all

potential bidders can be advised of the postponed time, in writing, before the original closing

time.

The decision to extend the closing date or time rests with the Manager: Supply Chain

Management Unit, who must ensure compliance with all relevant rules and regulations and

must confirm prior to the action being taken.

3 Payment of bid documents

To ensure that only bona fide bidders collect documentation, and to recover printing costs,

bid documents will be issued only after payment of the following amounts to the cashier:

The price of Bid document for bid document is as indicated on the bid notice/advert.

4 Public Invitation for competitive bids

The following are procedures for the invitation of competitive bids:

4.1 Invitation to prospective providers to submit bids must be by means of a public

advertisement in e-Tender, the website of the municipality or any other appropriate ways

(which may include an advertisement in the Government Tender Bulletin) and

5 Public advertisement must contain the following:

(i) The closure date for the submission of bids, which may not be less than 30 days in

the case of transactions over R10 million (Vat included), or which are of a long-term

nature, or 14 days in any other case, from the date on which the advertisement is

placed in a newspaper; subject to (iii) below; and

(ii) Accounting officer may determine a closure date for the submission of bids which is

less than the 30- or 14-days requirement, but only if such shorter period can be

justified on the grounds of urgency or emergency or any exceptional case where it is

impractical or impossible to follow the official procurement process.

(iii) Bids submitted must be sealed.

6 The following information must appear in any advertisement:

• Bid number.

• Description of the requirements.

• The place where the bid documents can be obtained.

• The date, time and venue where site inspection/briefing session will be (if applicable).

• Closing date and time.

• The fee applicable that must be paid before the bid documents will be issued; and

• The name and telephone numbers of the contact person for any enquiries

Tender document not properly stapled and banded will lead to automatic disqualification

7 Site meetings of briefing sessions

A fully explanatory site inspection must be conducted before the close of the bids to ensure

that the bidders understand the scope of the project and that they can comply with the

conditions and requirements.

It should be a condition that prospective bidders attend a site inspection and non-attendance

should invalidate a bid, where a site inspection/briefing session is applicable.

8 Handling of bids submitted in response to public invitation.

8.1 Closing of bids

All bids will close at 11H00 on a date as stipulated on the advertisement, which must be

reflected in the bid document.

Bids are late if they are received at the address indicated in the tender documents after the

closing date and time.

A late bid should not be admitted for consideration and where practical should be returned

unopened to the bidder accompanied by explanation.

8.2 Opening of bids

Bids are opened in public as soon as possible after the closure in the presence of the

Manager: Supply Chain Management or his/her delegate.

The official opening the bids should in each case read out the name of the bidder and the

amount of the bid.

The bid should be stamped with the official stamp of the Municipality and endorsed with the

signatures of the person opening it and of the person in whose presence it was opened.

Bids should be recorded in a register kept for that purpose.

8.3 Validity Period of the bids

The validity periods should not exceed 90 (ninety) days and is calculated from the date of

bid closure endorsed on the front cover of the bid document.

Should the validity period expire on a Saturday, Sunday or Public holiday, the bid must

remain valid and open for acceptance until the closure on the following working date.

8.4 Consideration of bids

The Council takes all bids duly admitted into consideration.

Tender document not properly stapled and banded will lead to automatic disqualification

The Council reserves the right to accept the lowest or any bid received.

The decision by the Municipality regarding the awarding of a contract must be final and

binding.

8.5 Evaluation of bids

The following are criteria against which all bids’ responses will be evaluated:

8.5.1 Compliance with bid conditions.

• Tax Pin Access Code (If JV, For Both)

• Cipro Document Attached (If JV, For Both)

• Certified ID Copies of All Directors/Members/Shareholders of The

Company/Business (If JV, For Both)

• Proof of company registration on central supplier database registration (CSD)

• Proof of residence municipal rates and taxes or letter from tribal authority or valid

lease agreement must be attached for both company & all directors (If JV both).

• Attended Compulsory Site meeting.

• Authority of Signatory (in a company letter head)

• Signing of Form of Offer

• Document filled in using a black pen.

• Alterations signed.

• CIDB grading (only applicable to construction projects)

• JV Agreement in Case Of JV

• All pages signed or initialled.

• All MBD forms in tender document must be completed and signed in full – If not,

tender will be rejected.

• Bidders not completing the MBD 4 form in full (Bidders are urged to read

and understand the contents of MBD 4 form and special attention to clause

2.3, please ensure that all companies related to the bidder and its directors

are disclosed, failure to disclose the information would lead to automatic

disqualification).

8.5.2 Financial ability to execute the contract; and

(i) The number of points scored for achieving municipal specific goals and points

scored for price.

(ii) Only bidders who are registered in the relevant professional body will be

considered. This requirement will remain in force as long as it is a requirement

of that specific professional body.

(iii) The Joint Ventures, all companies, which are part of the joint venture, must be

registered with the professional body. The company that meets the requirement

of professional body will be considered.

9 Evaluation of bids on functionality and price

9.1 All bids received will be evaluated on functionality and price.

Tender document not properly stapled and banded will lead to automatic disqualification

9.2 The conditions of bid may stipulate that a bidder must score a specified minimum number

of points for functionality to qualify for further evaluation.

I. The number of points scored for achieving municipal specific goals must be calculated

separately and must be added to the points scored for price.

II. Only bid with the highest number of points will be selected.

10 Acceptance of bids

Successful bidders must be notified at least by registered post of the acceptance of their

bids, but that acceptance, however, will only take effect after completion of the prescribed

contract form.

The successful service provider will be required to sign the service level agreement.

Unsuccessful bids should not be returned to bidders but should be placed on record for

audit purposes.

A register or records should be kept of all bids accepted.

11 Publication of bids results

The particulars of the successful bidders should be published in the Municipality’s Tender

Bulletin, website as well as e-Tender on which the bid was advertised.

12 Cancellation and re-invitation of bids

I. In the event that in the application of the 80/20 preference point system as stipulated

in the bid documents, all bids received exceed the estimated Rand Value of R50 000

000.00, the bid invitation must be cancelled. If one or more of the acceptable bids(s)

received are within the R50 000 000.00 threshold, all bids received must be evaluated

on the 80/20 preference point system.

II. In the event that, in the application of the 90/10 preference point system as stipulated

in the bid documents, all bids received are equal to or below R50 000 000.00, the bid

must be cancelled. If one or more of the acceptable bids(s) received are above the R50

million threshold, all bids received must be evaluated on the 90/10 preference point

system.

If a bid was cancelled as indicated above, the correct preference point system must be

stipulated in the bid documents of the re-invited bid.

Municipal Manager may, prior to the award of a bid, cancel the bid if:

• Due to changed circumstances, there is no longer a need for the services, works or

goods requested. Municipal Manager must ensure that only goods, services or works

that are required to fulfil the needs of the institution are procured. Or

• Funds are no longer available to cover the total envisaged expenditure. Municipal

Manager must ensure that the budgetary provisions exist prior to inviting bids: or

Tender document not properly stapled and banded will lead to automatic disqualification

No specific requirements found