Three-year auctioneer services contract for joe gqabi district municipality

a) Proof of company registration and/or any other form of legal standing must be submitted by all bidders and

the company composition form must be completed. See Annexure “E”.

b) The Declaration of Interest form must be completed.

c) The bid document must be completed in all respects in black ink.

d) Bids must be submitted on original bid documents.

e) Bid documents must remain intact and no portion may be detached.

Joint Ventures

f) A joint venture that is awarded a contract with JGDM must be registered as a separate company with the

Registrar of Businesses.

g) The joint venture must be registered with South African Revenue Services.

h) A separate bank account must be in place for the joint venture.

Clauses (f) and (h) will only be applicable after the awarding of the contract to the successful bidder.

JOE GQABI DISTRICT MUNICIPALITY

REFERENCE FORM OF BIDDER

ASSESSMENT OF BIDDERS PERFORMANCE BY INDEPENDENT REFERENCE

(This must be sent by the bidder to the references listed in the Experience of Tenderer schedule. All assessment forms must be

attached to the tender submission.)

Name of Bidder

Contract /Tender Number (If Applicable)

Value of Contract R

Date of commencement

Contract Duration

Contract Completion Date

YOUR ASSESSMENT OF THE SERVICE PROVIDER’S PERFOMANCE IN 1 2 3 4 5

THE FOLLOWING AREA

Please tick one of the blocks on the right hand side, 1=Poor, 5=Excellent

Turn-around times

Quality of feedback

Accessibility and availability

Reliability

Customer satisfaction

1=Poor; 2=Unsatisfactory; 3= Average; 4=Good; 5=Excellent

COMMENTS

Name of person Completing this assessment form

Designation (Only Director or relevant representative may sign

this form)

Representing Firm

Telephone number

Email Address

Date of Assessment

CLIENT’S COMPANY STAMP

OFFICIAL COMPANY STAMP

SIGNATURE OF OFFICIAL RESPONSIBLE FOR

COMPLETING ASSESSMENT FORM

GENERAL CONDITIONS OF BID

1. INTERPRETATION

The word “Bidder” in these conditions shall mean and include any firm of Contractors or any company or body

incorporated or unincorporated.

The word “Municipality” in these conditions shall mean the Joe Gqabi District Municipality.

2. EXTENT OF BID

This contract is for “PROVISION OF AUCTIONEER SERVICES AS AND WHEN REQUIRED FOR THE JOE GQABI

DISTRICT MUNICIPALITY FOR A PERIOD OF THREE (3) YEARS: JGDM2025/26-016”.

3. CONTRACT TO BE BINDING

The formal acceptance of this Bid by the Municipality will constitute a contract binding on both parties, and the

Municipality may require sureties to its satisfaction from the contractor, for the due fulfilment of this contract.

4. MODE OF BID

All Bids shall be completed and signed: All forms, annexures, addendums and specifications shall be signed and

returned with the Bid document as a whole. The lowest or any Bid will not necessarily be accepted.

5. QUALITY

Should the specifications and / or descriptions not address any aspects of quality as specified, this should be

clarified with the Municipality prior to the submission of a Bid.

6. INSURANCE CLAIMS, ETC.

The Council and Municipality shall not be liable in any manner in respect of any claims, damages, accidents and

injuries to persons, property or rights or any other courses of civil or criminal action that may arise from the carrying

out of this contract.

The contractor shall insure his / her / their personnel and any plant, machinery or other mechanical or electronic

equipment involved in the fulfillment of this contract and shall indemnify the Council and the Municipality against all

risks or claims which may arise.

It will be required from the successful Bidder to submit proof of insurance or any other valid form of indemnification

to Council for scrutiny. Failure to do so within 14 (fourteen) days of acceptance of this Bid will be deemed to be a

material breach of this contract and will render the contract null and void.

7. SIGNING OF DOCUMENTS

Bidders are required to return the complete set of documents duly signed.

8. PERIOD OF VALIDITY FOR BIDS AND WITHDRAWAL OF BID AFTER CLOSING DATE

All Bids must remain valid for a period of one hundred and twenty (120) days from the closing date as stipulated in

the Bid document.

8.1 PENALTY PROVISION

Should the successful Bidder (s):

[a] Withdraw the Bid during the afore-mentioned period of validity; or

[b] Advise the Municipality of his / her / their inability to fulfil the contract; or

[c] Fail or refuse to fulfill the contract; or

[d] Fail or refuse to sign the agreement or provide any surety if required to do so;

Then, the Bidder will be held responsible for and is obligated to pay to the Municipality:

[a] All expenses incurred by the Municipality to advertise for or invite and deliberate upon new Bids, should

this be necessary.

[b] The difference between the original accepted Bid price (inclusive of escalation) and:

[i] A less favourable (for the Municipality) Bid price (inclusive of escalation) accepted as an alternative by the

Municipality from the Bids originally submitted; or

[ii] A new Bid price (inclusive of escalation).

9. VALUE ADDED TAX

In calculating the cost of the supply and delivery of services and / or material, the supplier will issue a “Tax Invoice”

for all services rendered and / or materials supplied, which will reflect the exclusive cost of such services, goods or

materials with the relevant Value Added Tax being added to the total.

VAT must be included in the Bid price, but must be shown separately (this applies only to VAT vendors).

10. PRICE ESCALATION

In line with consumer price index (CPI%) percentage from month 13 and 25 after appointment.

11. AUTHORITY TO SIGN BID DOCUMENTS

In the case of a Bid being submitted on behalf of a company, close corporation or partnership, evidence must be

submitted to the Municipality at the time of submission of the Bid that the Bid has been signed by persons properly

authorised thereto by resolution of the directors or under the articles of the entity.

12. DURATION OF THE CONTRACT

3 Years

13. DELIVERY PERIODS

In line with terms of reference.

14. CLOSING DATE / SUBMITTING OF BIDS

Completed bid documents must be placed in a sealed envelope clearly marked “PROVISION OF AUCTIONEER

SERVICES AS AND WHEN REQUIRED FOR THE JOE GQABI DISTRICT MUNICIPALITY FOR A PERIOD OF

THREE (3) YEARS: JGDM2025/26-016” must be placed in the formal Tender Box situated outside the Main

Building – JOE GQABI DISTRICT MUNICIPALITY, Corner of Cole & Graham Streets, Barkly East before closing

time of 12H00 (Noon) on 09 MARCH 2026.

N.B. Bids which are not deposited in the relevant bid box on or before the closing date and time will not be

considered. Faxed or e-mailed bids will not be considered.

15. BID ENQUIRIES

Technical related enquiries should be directed to Mr T Belebesi (Assets & Disposal Accountant) by e-mail to

[email protected] during normal office hours. (Between 07H30 to 16H00, Monday to Friday) – Tel: 045 979

3097

Evaluation criteria related enquiries should be directed to Mr T. Maseko (SCM Manager) at Joe Gqabi District

Municipality by email to: [email protected] during normal office hours. (Between 07H30 to 16H00, Monday to

Friday – Tel: 045 979 3160

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. Transfer of Contracts

34. Amendments of contracts

GENERAL CONDITIONS OF CONTRACT

1. Definitions

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 provider, 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 provider 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 any thing of the 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 provider bearing all risks and

charges involved until the supplies 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 provider and not involving the provider’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.

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 provider 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 components, parts or

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

costs are inclusive of the costs abroad, plus freight and other direct importation costs such as land 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 supplies 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 labour, materials, components 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 those 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 provider covered under the contract.

1.25 “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 in the

bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, 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 non-refundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news media and in the institution’s 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

1. The provider 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

provider 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.

2. The provider 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.

3. Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the

purchaser and shall be returned (all copies) to the purchaser on completion of the provider’s performance under the

contract if so required by the purchaser.

4. The provider shall permit the purchaser to inspect the provider’s records relating to the performance of the provider

and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights

6.1 The provider shall indemnify the purchaser against all third-party claims of infringement of patent,

trademark, or industrial design rights arising from use of goods or any part thereof by the purchaser.

1. When a provider developed documentation/projects for the municipality or municipal entity, the intellectual, copy

and patent rights or ownership or such documents or projects will vest in the municipality or municipal entity.

7. Performance Security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall 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 provider’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 provider not later than thirty (30)

days following the date of completion of the provider’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 supplies to be produced or services to be rendered should at any stage during production

or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at

all reasonable hours, for inspection by a representative of the purchaser or an organization acting on behalf of the

purchaser.

8.3 If there are no inspection 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 clause 8.2 & 8.3 show the supplies 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 supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements,

irrespective of whether such supplies or services are accepted or not, the cost in connection with these

inspections, tests or analyses shall be defrayed by the provider.

8.6 Supplies 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 supplies may on or after delivery be inspected, tested or analysed and may be rejected if found not to

comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the

provider who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with

supplies which do not comply with the requirements of the contract. Failing such removal the rejected supplies

shall be returned at the providers cost and risk. Should the provider fail to provide the substitute supplies

forthwith, the purchaser may, without giving the provider further opportunity to substitute the rejected supplies,

purchase such supplies as may be necessary at the expense of the provider.

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 23 of GCC.

9. Packaging

9.1 The provider shall provide such packaging of the goods as is required to prevent their damage or deterioration

during transit to their final destination, as indicated in the contract. The packaging shall be sufficient to withstand,

without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during

transit, and open storage. Packaging, case size and weights shall take into consideration, where appropriate, the

remoteness of the good’s final destination and the absence of heavy handling facilities at all points in transit.

9.2 The packaging, 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

.1 Delivery of the goods and arrangements for shipping and clearance obligations shall be made by the provider in

accordance with the terms specified in the contract.

11. Insurance

.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

1. The provider may be required to provide any or all of the following services, including additional services, if any:

 performance or supervision of on-site assembly and/or commissioning of the supplied goods;

 furnishing of tools required for assembly and/or maintenance of the supplied goods;

 furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied

goods;

 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 provider of any warranty obligations under this

contract; and

 training of the purchaser’s personnel, at the provider’s plant and/or on-site, in assembly, start-up,

operation, maintenance, and/or repair of the supplied goods.

2. Prices charged by the provider 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

provider for similar services.

14. Spare parts

.1 As specified, the provider may be required to provide any or all of the following materials, notifications, and

information pertaining to spare parts manufactured or distributed by the provider:

(a) such spare parts as the purchaser may elect to purchase from the provider, provided that this election shall

not relieve the provider of any warranty obligations under the contract, and

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

(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 provider warrants that the goods supplied under the contract are new, unused, of the most recent or current

models and that, they incorporate all recent improvements in design and materials unless provided otherwise in the

contract. The provider 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 provider, 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 thirty six (36) 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 provider in writing of any claims arising under this warranty.

15.4 Upon receipt of such notice, the provider 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 provider, 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 provider’s risk and expense and without prejudice

to any other rights which the purchaser may have against the provider under the contract.

16. Payment

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

16.2 The provider shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon

fulfilment 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 a

valid tax invoice or claim by the provider.

16.4 Payment will be made in Rand unless otherwise stipulated.

17. Prices

1. Prices charged by the provider for goods delivered and services performed under the contract shall not vary from

the prices quoted by the provider 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. Increase/decrease of quantities

18.1 In cases where the estimated value of the envisaged changes in purchase does not exceed 15% of the total value

of the original contract, the contractor may be instructed to deliver the revised 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. Contract amendments

No variation in or modification of the terms of the contract shall be made except by written amendment signed by

the parties concerned.

20. Assignment

20.1 The provider shall not assign, in whole or in part, its obligations to perform under the contract, except with the

purchaser’s prior written consent.

21. Subcontracts

21.1 The provider 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 provider from any liability or

obligation under the contract.

22. Delays in the provider’s performance

22.1 Delivery of the goods and performance of services shall be made by the provider in accordance with the time

schedule prescribed by the purchaser in the contract.

22.2 If at any time during performance of the contract, the provider or its subcontractor(s) should encounter conditions

impeding timely delivery of the goods and performance of services, the provider 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

provider’s notice, the purchaser shall evaluate the situation and may at his discretion extend the provider’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.

22.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed

if any emergency arises, the provider’s point of supply is not situated at or near the place where the supplies are

required, or the provider’s services are not readily available.

22.4 Except as provided under GCC Clause 25, a delay by the provider in the performance of its delivery obligations

shall render the provider liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of

time is agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

22.5 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without canceling

the contract, be entitled to purchase supplies 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 provider’s expense

and risk, or to 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 provider.

23. Penalties

23.1 Subject to GCC Clause 25, if the provider 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, a sum calculated on the delivered price of the delayed good or

unperformed services using the current prime 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.

24. Termination for Default

24.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the

provider, may terminate this contract in whole or in part:

(a) if the provider 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 provider fails to perform any other obligation(s) under the contract; or

(c) if the provider, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

24.2 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 or services similar to those undelivered, and the

provider shall be liable to the purchaser for any excess costs for such similar goods, works or services. However,

the provider shall continue performance of the contract to the extent not terminated.

25. Anti-Dumping and Counter-Vailing Duties and Rights

25.1 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 favourable difference shall on demand be paid forthwith by the provider to the purchaser or the

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

supplies 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.

26. Force Majeure

26.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the provider shall not be liable for forfeiture of its

performance security, damages, or termination for default if and to the extent that hi delay in performance or other

failure to perform his obligations under the contract is the result of an event of force majeure.

26.2 If a force majeure situation arises, the provider shall promptly notify the purchaser in writing of such condition and

the cause thereof. Unless otherwise directed by the purchaser in writing, the provider 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.

27. Termination for Insolvency

27.1 The purchaser may at any time terminate the contract by giving written notice to the provider if the provider

becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the provider,

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.

28. Settlement of Disputes

28.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the provider 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.

28.2 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 provider 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.

28.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

28.4 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 provider any monies due to the provider for goods delivered and / or services

rendered according to the prescripts of the contract.

29. Limitation of Liability

29.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6;

(a) the provider 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 provider to pay penalties and / or damages to the

purchaser; and

(b) the aggregate liability of the provider 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.

30. Governing Language

30.1 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.

31. Applicable Law

31.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified.

32. Notices

32.1 Every written acceptance of a bid shall be posted to the provider 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.

32.2 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.

33. Taxes and Duties

33.1 A foreign provider shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies

imposed outside the purchaser’s country.

33.2 A local provider shall be entirely responsible for all taxes, duties, license fees, etc, incurred until delivery of the

contracted goods to the purchaser.

33.3 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.

34. Transfer of Contracts

34.1 The contractor shall not abandon, transfer, assign or sublet a contract or part thereof without the written permission

of the purchaser.

35. Amendment of Contracts

35.1 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.

MBD 1

INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE JOE GQABI DISTRICT MUNICIPALITY

No specific requirements found

B-BBEE Minimum Level: 4