Closed: Lifeguard services tender - bergrivier municipality WC | tenders SA

Quality Management

Source: T 8.3.41-2026 MN159-2026.pdf (unknown)

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

specifications.

Use of contract documents and information; inspection.

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

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

furnished by or on behalf of the purchaser in connection therewith, to any person other than a

person employed by the supplier in the performance of the contract. Disclosure to any such

employed person shall be made in confidence and shall extend only as far as may be necessary

for purposes of such performance.

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

or information mentioned in GCC clause 5.1 except for purposes of performing the contract.

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

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

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

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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 inspections tests and

analysis, the bidder or contractor’s premises 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 clauses 8.2 and 8.3 show the goods to be in

accordance with the contract requirements, the cost of the inspections, tests and analyses shall

be defrayed by the purchaser.

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

requirements, irrespective of whether such goods or services are accepted or not, the cost in

connection with these inspections, tests or analyses shall be defrayed by the supplier.

8.6. 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.

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Health & Safety

Source: T 8.3.41-2026 MN159-2026.pdf (unknown)

members, partners, directors, etc. provided on the form as requested? Are copies of these

municipal accounts attached?

OHSA (Occupational Health and Safety) - Is the form duly completed and signed?

NOTE: A copy of the Joint Venture Agreement showing clearly the percentage contribution

of each partner to the Joint Venture, shall be appended to this Schedule.

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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.

1.7. “Day” means calendar day.

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

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

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

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

the supplier bearing all risks and charges involved until the 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

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 on the municipality

/ municipal entity website.

specified in the contract. The details of shipping and/or other documents to be furnished by the supplier

are specified.

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

increased in respect of any dumped of subsidized import, the State is not liable for any amount so

required or imposed, or for the amount of any such increase. When, after the said date, such a

provisional payment is no longer required or any such anti-dumping or countervailing right is abolished,

or where the amount of such provisional payment or any such right is reduced, any such favorable

difference shall on demand be paid forthwith by the contractor to the State or the State may deduct

such amounts from moneys (if any) which may otherwise be due to the contractor 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.

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

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

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

deemed to be proper service of such notice

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

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

I, the undersigned (name) ,

certify that the information furnished in paragraph 3 above is correct.

The Broad-Based Black Economic Empowerment Act, 2003 requires: ‘’ (1) Every organ of state and

public entity must apply any relevant code of good practice issued in terms of this Act in (b) developing

and implementing a preferential procurement policy

The Preferential Procurement Policy Framework Act, 2000 (Act )-[PPPFA] was promulgated

by the Minister in response to the Constitutional provision and allow for a Municipality to develop a

preferential procurement policy and to implement such policy within the PPPFA framework.

Section 2 (1) (d) (i) and (ii) of the Preferential Procurement Policy Framework Act, 2000 refers to

specific goals which may include:

(i) contracting with persons, or categories of persons, historically disadvantaged by unfair

discrimination on the basis of race, gender or disability;

(ii) implementing the programmes of the Reconstruction and Development Programme (RDP) as

published in Government Gazette 16085 dated 23 November 1994.

The RDP (1994), as basis for development in South Africa, was meant to provide a holistic, integrated,

coherent socio-economic policy that is aimed at mobilizing people and resources to work towards the

upliftment of the material and social conditions of local communities to build sustainable livelihoods for

these communities.

In terms of Section 2 (1)(d)(ii), the following activities may be regarded as a contribution towards

achieving the goals of the RDP, in addition to the awarding of preference points in favour of HDIs

(published in Government Gazette No. 16085 dated 23 November 1994):

(i) The promotion of South African owned enterprises;

(ii) The promotion of export orientated production to create jobs;

(iii) The promotion of SMMEs;

(iv) The creation of new jobs or the intensification of labour absorption;

(v) The promotion of enterprises located in a specific province for work to be done or services

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published in Government Gazette No. 16085 dated 23 November 1994;

“SMME” means small, medium and micro enterprises namely Exempted Micro Enterprises and Qualifying

Contractual Terms

Source: T 8.3.41-2026 MN159-2026.pdf (unknown)

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

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

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

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

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

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

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

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

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

the contract, or for eighteen (18) months after the date of shipment from the port or place of

loading in the source country, whichever period concludes earlier, unless specified otherwise in

Scc.

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

warranty.

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

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

purchaser.

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

purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk

and expense and without prejudice to any other rights which the purchaser may have against

the supplier under the contract.

Payment

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

specified.

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

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

16.3. Payments shall be made by the purchaser no later than thirty (30) days after submission of an

invoice, statement or claim by the supplier.

16.4. Payment will be made in Rand unless otherwise stipulated.

Prices

Prices charged by the supplier for goods delivered and services performed under the contract shall not

vary from the prices quoted by the supplier in his bid, with the exception of any price adjustments

authorized or in the purchaser’s request for bid validity extension, as the case may be.

Variation orders

In cases where the estimated value of the envisaged changes in purchase does not vary more tha15%

of the total value of the original contract, the contractor may be instructed to deliver the goods or render

the services as such. In cases of measurable quantities, the contractor may be approached to reduce

the unit price and such offers, may be accepted provided that there is no escalation in price.

Assignment

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

with the purchaser’s prior written consent.

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Bergrivier municipality

Subcontracts

The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract, if not

already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier

from any liability or obligation under the contract.

Delays in the supplier’s performance

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

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

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

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

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

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

evaluate the situation and may at his discretion extend the supplier’s time for performance, with

or without the imposition of penalties, in which case the extension shall be ratified by the parties

by amendment of contract.

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

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

at or near the place where the supplies are required, or the supplier’s services are not readily

available.

21.4. Except as provided under GCC Clause 25, a delay by the supplier in the performance of its

delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to

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

without the application of penalties.

21.5. Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser

shall, without cancelling 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 supplier’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 supplier.

Penalties

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

services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other

remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the

delivered price of the delayed goods 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.

Termination for default

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

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

23.1.1. if the supplier fails to deliver any or all of the goods within the period(s) specified in the

contract, or within any extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

23.1.2. if the Supplier fails to perform any other obligation(s) under the contract; or

23.1.3. if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent

practices in competing for or in executing the contract.

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

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

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

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

performance of the contract to the extent not terminated.

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

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

with the public sector for a period not exceeding 10 years.

23.4. If a purchaser intends imposing a restriction on a supplier or any person associated with the

supplier, the supplier will be allowed a time period of not more than fourteen (14) days to

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Bergrivier municipality

provide reasons why the envisaged restriction should not be imposed. Should the supplier fail to

respond within the stipulated fourteen (14) days the purchaser may regard the supplier as

having no objection and proceed with the restriction.

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

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

wholly or partly exercises or exercised or may exercise control over the enterprise of the first-

mentioned person, and with which enterprise or person the first-mentioned person, is or was in

the opinion of the purchase actively associated.

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

furnish the National Treasury, with the following information:

23.6.1. the name and address of the supplier and / or person restricted by the purchaser;

23.6.2. the date of commencement of the restriction

23.6.3. the period of restriction; and

23.6.4. the reasons for the restriction.

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

prohibited from doing business with the public sector.

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

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

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

has been endorsed on the Register, the person will be prohibited from doing business with the

public sector for a period not less than five years and not more than 10 years. The National

Treasury is empowered to determine the period of restriction and each case will be dealt with on

its own merits. According to section 32 of the Act the Register must be open to the public. The

Anti-dumping and countervailing duties and rights

When, after the date of bid, provisional payments are required, or antidumping or countervailing duties