36-Month hygiene services contract for ingquza hill local municipality (eastern cape)

• The service provider/ Bidder is required to present a service plan on how will be implemented at

IHLM during the contract period.

• The bidder must provide service plan that have dates of servicing Sensor paper towel, She bins,

Manual mounted soap & auto sanitizer dispenser.

NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE

1. Ticra Sensor paper towels. 16

100% touch-free, Battery-operated paper towel

Dispenser, used to dispense hand paper, for the

drying of hands after washing.

Accommodates most roll towels up to 20.32 cm

wide 15.24 cm in diameter. Operates with

4x standard Alkaline Torch Batteries ( D- Cell)

2. Sanitary She Bin 18 Liter 28

Colour White

Central opening for easy disposal

Slim line design to easy fit inside cubicle

Free standing

Pedal type

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3. Stainless steel manual wall-mounted 16

soap dispenser

1,250 ml soap capacity

Manual top-up of soap reservoir

Lockable

Brass pump mechanism, can also dispense lotion

and shampoo

304 stainless steel casing ( 0,8 mm thick )

Dispensed drop size 1ml

Dimensions ( WxHxD ) 125 x 210 x 75 mm

(excluding pump )

Dimension ( WxHxD ) 125 x 210 x 125 mm

(including pump )

4. Auto Sanitizer Dispenser 28

Powerful cleaning detergent which attacks the

source

of malodour, sanitizers, descales and prevents build

up

Automatic and consistent dispensing

Measured dosing system for equal sanitation over

service period

Fully serviced by trained staff

Environmentally friendly chemicals

Lockable unit prevents pilferage

Sub-Total

Vat@ 15%

Grand Total

PRE-QUALIFICATION CATEGORY AND

DESCRIPTION POINTS

Criteria Weight Maximum Possible Points

METHODOLOGY 40

Accreditation: 20

1. ISO45001 FOR OCCUPATIONAL HEALTH &

SAFETY

2. SANS10248 MANAGEMENT OF HEALTH CARE

WASTE

IMPLEMENTATION PLAN AND COMMITMENT: 20

The service provider/Bidder is required to present a service plan

on how will be implemented at IHLM during the contract period

The bidder must provide service plans that have dates of servicing

Sensor paper towel, She bins, manual mounted soap & auto

sanitizer dispenser fortnightly.

EXPERIENCE OF KEY STAFF /CAPABILITY 30

Bidder to demonstrate experience of key staff

5 years or more ‘experience of key staff. Attach Cleaning and

Hygiene supervisor CV’s and reference letters. = 30 Points

4 years ‘experience of key staff. Attach Cleaning and

Hygiene supervisor CV’s and reference letters. = 24 Points

3 years ‘experience of key staff. Attach Cleaning and

Hygiene supervisor CV’s and reference letters. = 18 Points

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Ingquza Hill Local Municipality

2 years ‘experience of key staff. Attach Cleaning and

Hygiene supervisor CV’s and reference letters. = 12 Points

Less than 2-year experience of key staff = 0 Point

EXPERIENCE 30

Client’s certificate, reference letters with appointment letters/ 30

Purchase Orders

Bidders must demonstrate company’s experience by providing

signed reference letters on client’s letterhead with contact

references and corresponding appointment letters / Purchase

Orders on client’s letter head in rendering Cleaning and Hygiene

Services projects.

Attached successfully completed projects Reference letters with

Appointment letters/ Purchase orders from previous clients (10

points each from R100 000 and above)

(0 points for projects less than R100 000)

Note: Submission of reference letters without corresponding

appointment letter /purchased orders will not be considered

for scoring purposes. Points will be forfeited

Total 100

SPECIFIC GOALS

Preferential Goals Points=20 Required documents for verification

Women Owned Company 6 CSD registration report/ ID Copy of the owner/ director

registered

Youth Owned Company (18-35 years) 4 CSD registration report/ ID Copy of the owner/ director

registered

Race (black) 8 CSD registration report/ ID Copy of the owner/ director

registered

Owned Company by people living with 2 Letter from the medical practitioner

disability

STRICT DELIVERY DATES WILL BE OBSERVED AND PENALTIES WILL BE IMPOSED FOR LATE DELIVERIES.

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2.2 TENDER OFFER

I, (duly

authorized to represent the tenderer for the purpose of this tender), hereby tender to supply all or any of the goods

and/or render all or any of the services described in the attached document to the Ingquza Hill Local Municipality

on the terms and conditions stipulated in this tender document and in accordance with the specification

stipulated in the tender document at the prices reflected in the Contract Form/Price Schedule.

BIDDERS TOTAL OFFER (Inclusive of vat and all other charges)

R...........................................................................................................................

The tenderer agrees that:

3.1 The tender offer submitted shall remain valid, irrevocable and open for written acceptance by the

Ingquza Hill Local Municipality for a period of 90 days from the closing date or for such extended period

as may be applicable;

3.2 The tender offer will not be withdrawn or amended during the aforesaid validity period;

3.3 Notwithstanding the above, the tenderer may submit a written request to the Ingquza Hill Local

Municipality after the closing date for permission to withdraw the tender offer. Such withdrawal will be

permitted or refused at the sole discretion of the Ingquza Hill Local Municipality after consideration

of the reasons for the withdrawal, which shall be fully set out by the tenderer in the written request for

withdrawal;

3.4 Should the tender offer be withdrawn in contravention of 3.1 to 3.3 above, the tenderer agrees that:

(a) it shall be liable to the Ingquza Hill Local Municipality for any additional expense incurred by the

Ingquza Hill Local Municipality in having either to accept another tender or, if new tenders have to be

invited, the additional expenses incurred by the invitation of new tenders and the subsequent

acceptance of any other tender;

(b) the Ingquza Hill Local Municipality shall also have the right to recover such additional expenses by

set-off against moneys which may be due or become due to the tenderer under this or any other tender

or contract or against any guarantee or deposit that may have been furnished by the tenderer or on its

behalf for the due fulfilment of this or any other tender or contract. Pending the ascertainment of the

amount of such additional expenses, the Ingquza Hill Local Municipality shall be entitled to retain

such moneys, guarantee or deposit as security for any loss the Ingquza Hill Local Municipality may

suffer due to such withdrawal.

3.5 The tenderer agrees that this tender and its acceptance shall be subject to the terms and conditions

contained in the Ingquza Hill Local Municipality’s Supply Chain Management Policy (‘SCM Policy’)

and Combating of Abuse of the Supply Chain Management System Policy (‘Abuse Policy’).

Signature(s)

Print name(s):

On behalf of the tenderer (duly authorised)

Date

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MBD 4

3. DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state1.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make

an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting

bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is

required that the bidder or their authorised representative declare their position in relation to the

evaluating/adjudicating authority.

3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

3.1 Full Name of bidder or his or her representative:.....................................................

3.2 Identity Number: ..............................................................................................

3.3 Position occupied in the Company (director, trustee, shareholder2):.............................

3.4 Company Registration Number: .........................................................................

3.5 Tax Reference Number:....................................................................................

3.6 VAT Registration Number: ..............................................................................

3.7 The names of all directors / trustees / shareholders members, their individual identity

numbers and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars. .........................................................................

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

1MSCM Regulations: “in the service of the state” means to be –

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

(iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity;

(c) an official of any municipality or municipal entity;

(d) an employee of any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No.);

(e) a member of the accounting authority of any national or provincial public entity; or

(f) an employee of Parliament or a provincial legislature.

2 Shareholder” means a person who owns shares in the company and is actively involved in the management of the

company or business and exercises control over the company.

3.9 Have you been in the service of the state for the past twelve months? .........YES / NO

3.9.1 If yes, furnish particulars...........................................................................

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

3.10 Do you have any relationship (family, friend, other) with persons

in the service of the state and who may be involved with

the evaluation and or adjudication of this bid? ....................................... YES / NO

3.10.1 If yes, furnish particulars.

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

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

3.11 Are you, aware of any relationship (family, friend, other) between

any other bidder and any persons in the service of the state who

may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars

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

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

3.12 Are any of the company’s directors, trustees, managers,

principle shareholders or stakeholders in service of the state? YES / NO

3.12.1 If yes, furnish particulars.

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

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

3.13 Are any spouse, child or parent of the company’s directors

trustees, managers, principle shareholders or stakeholders

in service of the state? YES / NO

3.13.1 If yes, furnish particulars.

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

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

3.14 Do you or any of the directors, trustees, managers,

principle shareholders, or stakeholders of this company

have any interest in any other related companies or

business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars:

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

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

4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee

Number

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

Signature Date

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

Capacity Name of Bidder

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MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS

2022

This preference form must form part of all tenders invited. It contains general information and serves as a claim form

for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL CONDITIONS,

DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE TENDER AND PREFERENTIAL

PROCUREMENT REGULATIONS, 2022

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to invitations to tender:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes

included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).

a) The applicable preference point system for this tender is the 90/10 preference point system.

b) The applicable preference point system for this tender is the 80/20 preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/ highest

acceptable tender will be used to determine the accurate system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

POINTS

PRICE 80

SPECIFIC GOALS 20

Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this tender to claim points

for specific goals with the tender, will be interpreted to mean that preference points for specific goals are not

claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is adjudicated or at any

time subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ of

state.

2. DEFINITIONS

(a) “tender” means a written offer in the form determined by an organ of state in response to an invitation to

provide goods or services through price quotations, competitive tendering process or any other method

envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and includes all applicable taxes

less all unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and

includes all applicable taxes;

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(d) “tender for income-generating contracts” means a written offer in the form determined by an organ

of state in response to an invitation for the origination of income-generating contracts through any method

envisaged in legislation that will result in a legal agreement between the organ of state and a third party that

produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of assets and

concession contracts, excluding direct sales and disposal of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmin

Ps= 80(1− ) or Ps= 90(1− Pt−Pmin )

Pmin Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME GENERATING

PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Pt−Pmax

Ps= 80(1+ ) or Ps= 90(1+ Pt−Pmax )

Pmax Pmax

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

4. POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference points

must be awarded for specific goals stated in the tender. For the purposes of this tender the tenderer will be

allocated points based on the goals stated in table 1 below as may be supported by proof/ documentation stated

in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is unclear

whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the tender documents,

stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10 preference

point system will apply and that the highest acceptable tender will be used to determine the applicable

preference point system; or

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(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply and

that the lowest acceptable tender will be used to determine the applicable preference point system,

Then the organ of state must indicate the points allocated for specific goals for both the 90/10 and 80/20

preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable, corresponding

points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each preference point system.)

Number of Number of Number of

Number of points points points

points claimed claimed allocated

allocated (80/20 (90/10

(90/10 system) The specific goals (80/20 system) system)

allocated points in system) (To be (To be Verification documents terms of this tender (To be completed (To be completed by completed by by the completed by the tenderer) the organ of tenderer)

the organ of state)

state)

Company owned by 4 CSD registration report/

people who are youth ID Copy of the owner/

(18-35 years) director registered

Company owned by 6 CSD registration report/

people who are women ID Copy of the owner/

director registered

Company owned by 2 Letter from a medical

people who are living practitioner

with disability

Company owned by 8 CSD registration report/

black people ID Copy of the owner/

director registered

DECLARATION WITH REGARD TO COMPANY/FIRM

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[TICK APPLICABLE BOX]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that the points

claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the preference(s)

shown and I acknowledge that:

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i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph

1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and

4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state

that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of

contract have not been fulfilled, the organ of state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s

conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having

to make less favourable arrangements due to such cancellation;

(d) recommend that the tenderer or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted from obtaining

business from any organ of state for a period not exceeding 10 years, after the audi

alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

WITNESSES:

1. .............................................

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

SIGNATURE(S) OF BIDDER(S)

2. .............................................

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

ADDRESS:................................

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

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

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

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MBD 6.2

DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT

This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general information and

serves as a declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in

respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011 and the South African

Bureau of Standards (SABS) approved technical specification number SATS 1286:201x.

1. General Conditions

1.1. Preferential Procurement Regulations, 2011 (Regulation 9.(1) and 9.(3) make provision for the promotion of

local production and content.

1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local production

and content is of critical importance, such bids must be advertised with the specific bidding condition that only

locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold

for local production and content will be considered.

1.3. Regulation 9.(3) prescribes that where there is no designated sector, a specific bidding condition may be

included, that only locally produced services, works or goods or locally manufactured goods with a stipulated

minimum threshold for local production and content, will be considered.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that

the local production and content of the overall value of the contract is reduced to below the stipulated minimum

threshold.

1.5. The local content (LC) as a percentage of the bid price must be calculated in accordance with the SABS

approved technical specification number SATS 1286: 201x as follows:

LC = 1 x 100

Where

x imported content

y bid price excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate

published by the South African Reserve Bank (SARB) at 12:00 on the date, one week (7 calendar days) prior

to the closing date of the bid as required in paragraph 4.1 below.

1.6. A bid will be disqualified if:

• the bidder fails to achieve the stipulated minimum threshold for local production and content indicated

in paragraph 3 below; and.

• this declaration certificate is not submitted as part of the bid documentation.

2. Definitions

2.1. “bid” includes advertised competitive bids, written price quotations or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the Department of

Trade and Industry in line with national development and industrial policies for local production, where only

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locally produced services, works or goods or locally manufactured goods meet the stipulated minimum

threshold for local production and content;

2.5. “duly sign”means a Declaration Certificate for Local Content that has been signed by the Chief Financial

Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member /

person with management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or

materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which

costs are inclusive of the costs abroad, plus freight and other direct importation costs, such as landing costs,

dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported content, provided that

local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as determined by the

Department of Trade and Industry; and

2.9. “Sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing another

person to support such primary contractor in the execution of part of a project in terms of the contract.

3. The stipulated minimum threshold(s) for local production and content for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______%

4. Does any portion of the services, works or goods offered

have any imported content? YES / NO

4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph

1.6 of the general conditions must be the rate(s) published by the SARB for the specific currency at 12:00 on

the date, one week (7 calendar days) prior to the closing date of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za.

Indicate the rate(s )of exchange against the appropriate currency in the table below:

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY

RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR

MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION,

PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF BID No. .................................................................................

ISSUED BY: (Procurement Authority / Name of Municipality / Municipal Entity):

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

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NB The obligation to complete, duly sign and submit this declaration cannot be transferred to an

external authorized representative, auditor or any other third party acting on behalf of the bidder.

I, the undersigned, ................................................................................... (full names),

do hereby declare, in my capacity as ............................................. ...........

of ...............................................................................................................(name of bidder entity), the

following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-

specified bid comply with the minimum local content requirements as specified in the bid, and as

measured in terms of SATS 1286.

(c) The local content has been calculated using the formula given in clause 3 of SATS 1286, the

rates of exchange indicated in paragraph 4.1 above and the following figures:

Bid price, excluding VAT (y) R

Imported content (x) R

Stipulated minimum threshold for Local content (paragraph 3

above)

Local content % as calculated in terms of SATS 1286

If the bid is for more than one product, a schedule of the local content by product shall be attached.

(d) I accept that the Procurement Authority / Municipality /Municipal Entity has the right to request

that the local content be verified in terms of the requirements of SATS 1286.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information

furnished in this application. I also understand that the submission of incorrect data, or data

that are not verifiable as described in SATS 1286, may result in the Procurement Authority /

Municipal / Municipal Entity imposing any or all of the remedies as provided for in Regulation 13 of

the Preferential Procurement Regulations, 2011 promulgated under the Policy Framework Act

(PPPFA), 2000 (Act No. ).

SIGNATURE: DATE: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________

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PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT

REGULATIONS 2001

LOCAL CONTENT OF PRODUCTS

MBD 6.4

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,

DEFINITIONS AND DIRECTIVES SPECIFIED IN CLAIM FORM MBD 6.1 AND THE PREFERENTIAL

PROCUREMENT REGULATIONS, 2001

1. Regulation 12(1) of the Preferential Procurement Regulations makes provision for the promotion of locally

manufactured products within the preference point systems.

SPECIFIC GOAL POINTS ALLOCATED

The stimulation of the S.A economy by procuring locally

Manufactured products. ..........................................

2. Preference points may only be claimed for products, which will be manufactured (fabricated, processed or

assembled), in the Republic of South Africa. In cases where production has not yet commenced at time of

bid closure, evidence shall be produced that at the time of bid closure, the bidder was irrevocably committed

to local production of the product.

3. “Local content” means that portion of the bid price, excluding Value Added Tax (VAT), which is not included

in imported content, provided that local manufacture does take place.

4. “Imported content” means that portion of the bid price represented by the costs of components, parts or

materials which have been or are still to be imported (whether by the bidder or his suppliers or sub-

contractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs

such as landing costs, dock dues, import duties, sales duties, or other similar taxes or duties at the South

African place of entry as well as transportation and handling charges to the factory in the Republic where the

supplies for which a bid has been submitted are manufactured.

5. BID INFORMATION

Bidders who wish to claim points in respect of this goal must furnish the information in paragraph 7 below.

6. POINTS CLAIMED

Indicate whether point(s) allocated for this goal is (are) claimed. Yes / No

7. INFORMATION WITH REGARD TO LOCAL MANUFACTURE

Indicate in the table below which product(s) [item number(s)] is/are manufactured locally against the % local

content of each product / item in relation to the bid price (exclusive of VAT). Points claimed must be

indicated in the “points claimed” column.

Percentage local content Points Points

Indicate item numbers

in relation to bid Price Allocated Claimed

10 % - 30 %

31 % - 60 %

61 % or more

8. BID DECLARATION

I/we, the undersigned, who warrants that he/she is duly authorized to do so on behalf of the firm declare

that points claimed, based on the local content of the product(s) above, qualifies the firm for the point(s)

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shown and I / we acknowledge that:

(i) The information furnished is true and correct.

(ii) In the event of a contract being awarded as a result of points claimed, the contractor may be

required to furnish documentary proof to the satisfaction of the purchaser that the claims are

correct.

(iii) If the claims are found to be incorrect, the purchaser, in addition to any other remedy it may have -

(a) recover all costs, losses or damages it has incurred or suffered as a result of that person’s

conduct; and

(b) cancel the contract and claim any damages which it has suffered as a result of having to

make less favourable arrangements due to such cancellation;

WITNESSES:

1. ............................................. .....................................................

SIGNATURE (S) OF BIDDER (S)

2. ............................................. DATE: .............................................

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MBD 7.1

CONTRACT FORM - PURCHASE OF GOODS/WORKS

THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE

PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL

BIDDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR

THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE BIDDER)

1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents

to (name of institution).......................................... in accordance with the requirements and specifications

stipulated in bid number...................... at the price/s quoted. My offer/s remain binding upon me and open

for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid.

2. The following documents shall be deemed to form and be read and construed as part of this agreement:

(i) Bidding documents, viz

- Invitation to bid;

- Tax clearance certificate;

- Pricing schedule(s);

- Technical Specification(s);

- Preference claims for Broad Based Black Economic Empowerment Status Level of

Contribution in terms of the Preferential Procurement Regulations 2011;

- Declaration of interest;

- Declaration of bidder’s past SCM practices;

- Certificate of Independent Bid Determination;

- Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s)

quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover

all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my

own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on

me under this agreement as the principal liable for the due fulfilment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding

this or any other bid.

6. I confirm that I am duly authorised to sign this contract.

NAME (PRINT) .................................................

WITNESSES

CAPACITY .................................................

SIGNATURE ................................................. 1 ........................

NAME OF FIRM ................................................. 2. ........................

DATE .................................................

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

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MBD 7.1

CONTRACT FORM - PURCHASE OF GOODS/WORKS

PART 2 (TO BE FILLED IN BY THE PURCHASER)

1. I............................................. in my capacity as...............................................

accept your bid under reference number ..................dated...........................for the supply of goods/works

indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating delivery instructions is forthcoming.

3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the

contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note.

PRICE (ALL MINIMUM THRESHOLD FOR

ITEM

APPLICABLE BRAND DELIVERY PERIOD LOCAL PRODUCTION AND

NO.

TAXES INCLUDED) CONTENT (if applicable)

4. I confirm that I am duly authorized to sign this contract.

SIGNED AT .............................................ON......................................

NAME (PRINT) ...........................................

SIGNATURE ...........................................

OFFICIAL STAMP WITNESSES

1. ............................

2. ............................

DATE ............................

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MBD 8

8. DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Municipal Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods

and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain

management system.

3 The bid of any bidder may be rejected if that bidder, or any of its directors have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed any

improper conduct in relation to such system;

b. been convicted for fraud or corruption during the past five years;

c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector

contract during the past five years; or

d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating

of Corrupt Activities Act (No ).

4 In order to give effect to the above, the following questionnaire must be completed and submitted

with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Yes No

Restricted Suppliers as companies or persons prohibited from doing business with the

public sector?

(Companies or persons who are listed on this Database were informed in writing of this

restriction by the Accounting Officer/Authority of the institution that imposed the

restriction after the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s

website (www.treasury.gov.za) and can be accessed by clicking on its link at the

bottom of the home page.

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms Yes No

of section 29 of the Prevention and Combating of Corrupt Activities Act (No )?

The Register for Tender Defaulters can be accessed on the National Treasury’s

website (www.treasury.gov.za) by clicking on its link at the bottom of the home

page.

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including a court of Yes No

law outside the Republic of South Africa) for fraud or corruption during the past five

years?

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4.3.1 If so, furnish particulars:

Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal Yes No

charges to the municipality, or to any other municipality, that is in arrears for more than

three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality or any other organ of state Yes No

terminated during the past five years on account of failure to perform on or comply with

the contract?

4.7.1 If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) .......................................................

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME

SHOULD THIS DECLARATION PROVE TO BE FALSE.

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

Signature Date

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

Position Name of Bidder

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MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

________________________________________________________________________

(Ingquza Hill Local Municipality)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:___________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and

complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the

bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to

determine the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall

include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,

abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business as

the bidder.

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However communication between

partners in a joint venture or consortium3 will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the

products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or

indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the

contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive

practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission

for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition

Act No and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation

and or may be restricted from conducting business with the public sector for a period not exceeding ten (10)

years in terms of the Prevention and Combating of Corrupt Activities Act No or any other applicable

legislation.

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

Signature Date

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

Position Name of Bidder

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10. CONDITIONS OF TENDER

TENDER CONDITIONS AND/OR INSTRUCTIONS SET OUT BELOW MUST BE STRICTLY ADHERED TO,

FAILING WHICH THIS TENDER SUBMISSION WILL BE DECLARED NON-RESPONSIVE.

10.1. No tender will be considered unless submitted on this Ingquza Hill tender document.

10.2 Any portion of the tender document not completed will be interpreted as ‘not applicable’.

Notwithstanding the aforegoing, failure to complete any compulsory portion of the tender document

may result in the tender being declared non-responsive.

10.3 Tenders must be properly received and deposited, on or before the closing date and before the

closing time, in the relevant tender box. If the tender submission is too large to fit in the allocated

box, please enquire at the reception for assistance.

10.4 The Ingquza Hill Local Municipality reserves the right to accept:

a. the whole tender or part of a tender or any item or part of any item, or to accept more than one

tender (in the event of a number of items being offered), and the Ingquza Hill Local

Municipality is not obliged to accept the lowest or any tender;

b. a tender which is not substantially or materially different from the tender Specification.

10.5 The Ingquza Hill Local Municipality shall not consider tenders that are received after the closing date

and time for such a tender.

10.6 The Ingquza Hill Local Municipality will not be held responsible for any expenses incurred by

tenderers in preparing and submitting tenders.

10.8 A tenderer may request information, after the closing date, in accordance with the Promotion of

Administrative Justice Act, Act , and the Promotion of Access to Information Act, Act .

10.9 A tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Such

withdrawal will be permitted or refused at the sole discretion of the Ingquza Hill Local Municipality

after consideration of the reasons for the withdrawal, which shall be fully set out by the tenderer in

such written request for withdrawal.

9.10 A tender submitted:

a. by a registered company may not be considered unless accompanied by a resolution by the

Directors of the company authorising the tender to be made and the signatory to sign

the tender on the company’s behalf (Schedule 1 to be completed);

b. by a registered close corporation may not be considered unless accompanied by written

authority from all the members of the close corporation authorising the tender to be made and

the signatory to sign the tender on the close corporation’s behalf (Schedule 1 to be

completed);

c. by a partnership/consortium/joint venture may not be considered unless accompanied by

written authority from all parties to the partnership/consortium/joint venture authorising the

tender to be made and the signatory to sign the tender on the partnership/consortium/joint

venture’s behalf (Schedule 2 to be completed).

10.11 Partnerships/Consortiums/Joint Ventures

In the case of partnerships/consortiums/joint ventures, a copy of the partnership/consortium/joint

venture agreement must be submitted with the tender document (attached to Schedule 2). All

parties/partners to the partnership/consortium/joint venture agreement must be registered on the

Ingquza Hill Local Municipality Supplier Database.

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10.12 Validity Period

Any tender submitted shall remain valid, irrevocable and open for written acceptance by the Ingquza

Hill Local Municipality for a period of 90 days from the closing date or for such extended period as may

be applicable.

The tender offer will not be withdrawn or amended during the aforesaid validity period. The aforesaid

validity period may be extended by the provided that the original validity period has not expired, and that

all tenderers are given an opportunity to extend such period. Any such extension shall be agreed to by

a tenderer in writing.

Tenderers who fail to respond to such a request before the validity of their tender expires or who

decline such a request shall not be considered further in the evaluation process.

In the event that an appeal in terms of the Systems Act , is received, the validity period of the

tender shall be deemed to be extended until finalisation of the appeal; unless the tenderer has

requested in writing that its tender be withdrawn. The provisions in respect of withdrawal as set out in

10.9 above will apply to such withdrawal.

10.13 Tax clearance

No award shall be made to a person whose tax matters have not been declared to be in order by the

South African Revenue Service (SARS).

Tenderers are therefore required to obtain a valid Tax Clearance Certificate from the local SARS office

where such tenderer is registered for income tax/VAT purposes.

It is the responsibility of each supplier (successful tenderer) to submit updated original tax clearance

certificates to the Supplier Management Office (in the Supply Chain Management department should

any current certificate expire during the contract period. Failure to do so may lead to the suspension

of transactions with the supplier until a valid tax clearance certificate is received by the Supplier

Management Office. Each party to a consortium/joint venture/partnership must comply with all of the

above.

10.14 Inducements, rewards, gifts and other abuses of the Supply Chain Management System

No person who is a provider or prospective provider of goods or services, or a recipient or prospective

recipient of goods disposed or to be disposed of, may directly or indirectly:

a. influence or interfere with the work of any Ingquza Hill Local Municipality officials involved

in the tender process in order to inter alia:

- influence the process and/or outcome of a tender;

- incite breach of confidentiality and/or the offering of bribes;

- cause over- or under-invoicing;

- influence the choice of procurement method or technical standards;

- influence any Ingquza Hill Local Municipality official in any way which may secure an unfair

advantage during or at any stage of the procurement process.

Abuse of the supply chain management system is not permitted and may result in the tender being

rejected, cancellation of the contract, ‘blacklisting’ and/or any such remedies as set out in the Ingquza

Hill LocalMunicipality SCM Policy and Abuse Policy.

11. Declarations and authorization

Tenderers are required to complete all statutory declarations and authorizations in the schedules attached to

this tender document, failing which the tender may be declared non-responsive.

12. Alternative offers

Alternative tenders may be considered, provided that a tender free of qualifications and strictly in accordance

with the bid documents is also submitted. The Ingquza Hill Local Municipality shall not be bound to consider

alternative tenders.

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13. Objections, Complaints, Queries and Disputes / Appeals in terms of Section 62 of the

Systems Act / Access to Court

Objections, complaints, queries and disputes

13.1 Persons aggrieved by decisions or actions taken by the Ingquza Hill Local Municipality in

the implementation of the supply chain management system or any matter arising from a

contract awarded in terms of the supply chain management system may, within 14 days of the

decision or action, lodge a written objection or complaint or query or dispute against the decision

or action.

Section 62 Appeals

13.2 In terms of Section 62 of the Systems Act (Municipal Systems Act, Act ), a person

whose rights are affected by a decision taken by a political structure, political office bearer,

Board of directors or staff member of a Ingquza Hill Local Municipality in terms of a power

or duty delegated or sub-delegated by a delegating authority may appeal against that

decision by giving written notice of the appeal and reasons to the Accounting Officer within

21 days of the date of the notification of the decision.

13.3 An appeal shall contain the following:

i. The reason and /or ground for the appeal.

ii. The way in which the appellant’s right have been affected ;

iii. The remedy sought by the appellant’s.

Access to court

The clauses above do not influence any person’s rights to approach the High Court at any time or their

rights in terms of the Promotion of Administrative Justice Act, Act (‘PAJA’), or the Promotion

of Access to Information Act, Act (‘PAIA’).

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11. GENERAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information; inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

14. Spare parts

15. Warranty

16. Payment

17. Prices

18. Contract amendments

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

34. Prohibition of restrictive practices

General Conditions of Contract

1. Definitions 1. 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

incorporated 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.

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No specific requirements found