Stellenbosch Municipality Tenders & RFQ's

Returnable documents:

Returnable documents: please ensure that the following forms have been duly completed and signed and that all documents as requested, are attached to the tender document: certificate of clarification/virtual meeting attendance - is the form duly completed and yes NO signed by both tenderer and agent of the stellenbosch municipality? Authority to sign a bid - is the form duly completed and is a certified copy of the resolution yes NO attached? Mbd 4 (declaration of interest) - is the form duly completed and signed? Yes NO mbd 6.1 (Preference points claim form for purchases/services) - is the form duly completed and signed? Is a copy of the b-bbee certificate issued by a verification agency accredited by sanas or the original sworn affidavit attached? Yes NO (nb! BBBEE certificates can be verified with the verification agency but a sworn affidavit must be an original and not a copy to be eligible for BBBEE points) mbd 8 (declaration of past supply chain practices) - is the form duly completed and signed? Yes NO mbd 9 (certificate of independent bid determination) - is the form duly completed and signed? Yes NO mbd 10 (certificate of payment of municipal accounts) - is the form duly completed and signed? Are the identity numbers, residential addresses and municipal account numbers of all members, partners, directors, etc. Provided on the form as requested? (Nb! Municipal accounts will be verified and used as basis for preference yes NO points scoring in terms of the stellenbosch preferential procurement policy. The business address, lease agreement or sworn affadavit will be the basis for awarding points for locality) OHSA (occupational health and safety) - is the form duly completed and signed? Yes NO is a valid letter of good standing from the compensation commissioner attached? Form of indemnity - is the form duly completed and signed? Yes NO yes NO pricing schedule - is the form duly completed and signed? Declaration by tenderer - is the form duly completed and signed? Yes NO reference NO: b/sm 11/27 of 69 confirmation of clarification meeting attendance, clarification virtual meeting certificate virtual meetings declaration: i / we*, the undersigned, certify that i / we* have familiarized ourselves with the requirements of this tender as discussed at the virtual meeting for which i / we* AM / are* submitting this tender and have, as far as practicable, familiarized myself / ourselves* with all information, risks, contingencies and other circumstances which may influence or affect my / our* tender. Name & surname capacity name of firm address telephone NO e-mail signature nb: please note that NO latecomers will be allowed. For all compulsory virtual teams’ meetings, bidders who fail to provide their contact details 48 hours prior to the virtual teams meeting, will be regarded as non-compliant reference NO: b/sm 11/27 of 69 authority to sign a bid, authority to sign a bid, sole proprietor (single owner business) and natural person 1.1. I, , the undersigned, hereby confirm that i AM the sole owner of the business trading as . Or 1.2. I, , the undersigned, hereby confirm that i AM submitting this tender in my capacity as natural person. Signature: date: print name: witness 1: witness 2: or, companies and/or close corporations 2.1. If a bidder is a company, a certified copy of the resolution by the board of directors, duly signed, authorising the person who signs this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the company must be submitted with this bid, that is, before the closing time and date of the bid 2.2. In the case of a close corporation (cc) submitting a bid, a resolution by its members, authorizing a member or other official of the corporation to sign the documents on their behalf, shall be included with the bid. Particulars of resolution by board of directors of the company/members of the cc date resolution was taken resolution signed by (name and surname) capacity name and surname of delegated authorised signatory capacity specimen signature full name and surname of all director(s) / member (s), 10. Is a copy of the resolution attached? Yes NO signed on behalf of date: company / cc: print name: witness 1: witness 2: reference NO: b/sm 11/27 of 69 authority to sign a bid or, partnership we, the undersigned partners in the business trading as hereby authorize mr/ms to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and /or contract for and on behalf of the above-mentioned partnership. The following particulars in respect of every partner must be furnished and signed by every partner: full name of partner signature signed on behalf of date: partnership: print name: witness 1: witness 2: or, consortium we, the undersigned consortium partners, hereby authorize (name of entity) to act as lead consortium partner and further authorize mr./Ms. To sign this offer as well as any contract resulting from this tender and any other documents and correspondence in connection with this tender and / or contract for and on behalf of the consortium. The following particulars in respect of each consortium member must be provided and signed by each member: % full name of consortium member role of consortium member signature participation signed on behalf of date: partnership: print name: witness 1: witness 2: reference NO: b/sm 11/27 of 69 authority for jv, certificate of authority for joint ventures this returnable schedule is to be completed by joint ventures we, the undersigned, are submitting this tender offer in joint venture and hereby authorize mr./Ms. Authorized signatory of the company/close corporation/partnership (name) , acting in the capacity of lead partner, to sign all documents in connection with the tender offer and any contract resulting from IT on our behalf. (I) name of firm (lead partner) address tel. NO. signature designation (ii) name of firm address tel. NO. signature designation (iii) name of firm address: tel. NO. signature designation (iv) name of firm address tel. NO. signature designation 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. Reference NO: b/sm 11/27 of 69 gcc, general conditions of contract – government procurement, 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 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 markets its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12. ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. 1.13. 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. 1.14. “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. 1.15. “Gcc” means the general conditions of contract. 1.16. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. 1.17. “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 supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the south african place of entry as well as transportation and handling charges to the factory in the republic where the supplies covered by the bid will be manufactured. 1.18. “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. Reference NO: b/sm 11/27 of 69 gcc 1.19. “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. 1.20. “Order” means an official written order issued for the supply of goods or works or the rendering of a service. 1.21. “Project site” where applicable, means the place indicated in bidding documents. 1.22. “Purchaser” means the organization purchasing the goods. 1.23. “Republic” means the republic of south africa. 1.24. “Scc” means the special conditions of contract. 1.25. “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 supplier covered under the contract. 1.26. “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the state. 1.27. “Tort” means in breach of contract. 1.28. “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.29. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing., Application 2.1. These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2. Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. 2.3. Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply., 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 on the municipality / municipal entity website., Standards 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. Reference NO: b/sm 11/27 of 69 gcc 5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser., Patent rights 6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 6.2. When a supplier develops documentation / projects for the municipality / municipal entity, the intellectual, copy and patent rights or ownership of such documents or projects will vest in the municipality / municipal entity., 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 supplier’s failure to complete his obligations under the contract. 7.3. The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: 7.3.1. 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 7.3.2. A cashier’s or certified cheque 7.4. The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified., Inspections, tests and analyses 8.1. All pre-bidding testing will be for the account of the bidder. 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. 8.2. 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. 8.3. 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. 8.4. 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. 8.5. 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. Reference NO: b/sm 11/27 of 69 gcc 8.6. Any contract goods may, on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected goods shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with goods which do comply with the requirements of the contract. Failing such removal the rejected goods shall be returned at the supplier’s cost and risk. Should the supplier fail to provide the substitute goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such goods as may be necessary at the expense of the supplier. 8.7. The provisions of clauses 8.4 To 8.7 Shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of clause 22 of gcc., Packing 9.1. The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit. 9.2. The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, and in any subsequent instructions ordered by the purchaser., Delivery delivery of the goods shall be made by the supplier in accordance with the documents and terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified., Insurance 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., Transportation should a price other than an all-inclusive delivered price be required, this shall be specified., Incidental 13.1. The supplier may be required to provide any or all of the following services, including additional services, if any: 13.1.1. Performance or supervision of on-site assembly and/or commissioning of the supplied goods; 13.1.2. Furnishing of tools required for assembly and/or maintenance of the supplied goods; 13.1.3. Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; 13.1.4. Performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and 13.1.5. Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods. 13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services. Reference NO: b/sm 11/27 of 69 gcc, spare parts 14.1. As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier: 14.1.1. Such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and; 14.1.2. In the event of termination of production of the spare parts: 14.1.2.1. Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and 14.1.2.2. Following such termination, furnishing at NO cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.

Submission method: sealed envelope, clearly marked with the tender number, placed in the tender box before closing time. - Envelope not marked with the tender number or received after closing time will be invalid. - Tender documents are available free of charge at www.stellenbosch.gov.za, Or hard copies from the supply chain management unit, stellenbosch municipality, 1st floor, plein street, stellenbosch, on payment of a non-refundable fee. - Returnable forms: none specified beyond the tender document itself.

Submission method - sealed envelope, clearly endorsed with the tender number and description, deposited in the tender box at stellenbosch municipality, town house complex (main building between town hall and municipal library), plein street, stellenbosch. - The tender box is accessible 24 hours a day. - Closing time: 12h00 on 30 november 2026. - Late, electronic, telephonic and faxed bids will not be considered. - Bids must be submitted on the official tender document issued by the municipality; bids not accompanied by a complete tender document will not be considered. - Bid validity: 180 days after closing. Returnable documents (all must be completed, signed and attached) - clarification meeting certificate: confirms attendance at the compulsory virtual clarification meeting. - Authority to sign a bid: authorises the signatory; companies and ccs must attach a certified copy of the board or member resolution, partnerships must list and sign for every partner, consortia must give each member's participation percentage, and joint ventures must attach the jv agreement showing each partner's percentage contribution. - Mbd 4 (declaration of interest): discloses any director, shareholder or member employed by the state or connected to the municipality. - Mbd 6.1 (Preference points claim form): claims b-bbee and locality preference points; must be accompanied by a sanas-accredited b-bbee certificate or an original sworn affidavit. - Mbd 8 (declaration of bidder's past supply chain management practices): discloses past tender defaults or restrictions. - Mbd 9 (certificate of independent bid determination): certifies the price was set independently with NO collusion. - Mbd 10 (certificate for payment of municipal services): declares municipal account numbers, identity numbers and residential addresses of all members, partners and directors. - OHSA form with a valid letter of good standing from the compensation commissioner. - Form of indemnity. - Pricing schedule. - Declaration by tenderer. - The successful bidder must sign the written contract form (mbd 7).

Returnable documents: please ensure that the following forms have been duly completed and signed and that all documents as requested, are attached to the tender document: certificate of clarification/virtual meeting attendance - is the form duly completed and yes NO signed by both tenderer and agent of the stellenbosch municipality? Authority to sign a bid - is the form duly completed and is a certified copy of the resolution yes NO attached? Mbd 4 (declaration of interest) - is the form duly completed and signed? Yes NO mbd 6.1 (Preference points claim form for purchases/services) - is the form duly completed and signed? Is a copy of the b-bbee certificate issued by a verification agency accredited by sanas or the original sworn affidavit attached? Yes NO (nb! BBBEE certificates can be verified with the verification agency but a sworn affidavit must be an original and not a copy to be eligible for BBBEE points) mbd 8 (declaration of past supply chain practices) - is the form duly completed and signed? Yes NO mbd 9 (certificate of independent bid determination) - is the form duly completed and signed? Yes NO mbd 10 (certificate of payment of municipal accounts) - is the form duly completed and signed? Are the identity numbers, residential addresses and municipal account numbers of all members, partners, directors, etc. Provided on the form as requested? (Nb! Municipal accounts will be verified and used as basis for preference yes NO points scoring in terms of the stellenbosch preferential procurement policy. The business address, lease agreement or sworn affadavit will be the basis for awarding points for locality) OHSA (occupational health and safety) - is the form duly completed and signed? Yes NO is a valid letter of good standing from the compensation commissioner attached? Form of indemnity - is the form duly completed and signed? Yes NO yes NO pricing schedule - is the form duly completed and signed? Declaration by tenderer - is the form duly completed and signed? Yes NO reference NO: b/sm 27/27 of 80 confirmation of clarification meeting attendance, virtual meeting certificate virtual meetings declaration: i / we*, the undersigned, certify that i / we* have familiarized ourselves with the requirements of this tender as discussed at the virtual meeting for which i / we* AM / are* submitting this tender and have, as far as practicable, familiarized myself / ourselves* with all information, risks, contingencies and other circumstances which may influence or affect my / our* tender. Name & surname capacity name of firm address telephone NO e-mail signature nb: please note that NO latecomers will be allowed. For all compulsory virtual teams meetings, bidders who fail to provide their contact details 48 hours prior to the virtual teams meeting, may be regarded as non-compliant reference NO: b/sm 27/27 of 80 authority to sign a bid, authority to sign a bid, sole proprietor (single owner business) and natural person 1.1. I, , the undersigned, hereby confirm that i AM the sole owner of the business trading as . Or 1.2. I, , the undersigned, hereby confirm that i AM submitting this tender in my capacity as natural person. Signature: date: print name: witness 1: witness 2: or, companies and/or close corporations 2.1. If a bidder is a company, a certified copy of the resolution by the board of directors, duly signed, authorising the person who signs this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the company must be submitted with this bid, that is, before the closing time and date of the bid 2.2. In the case of a close corporation (cc) submitting a bid, a resolution by its members, authorizing a member or other official of the corporation to sign the documents on their behalf, shall be included with the bid. Particulars of resolution by board of directors of the company/members of the cc date resolution was taken resolution signed by (name and surname) capacity name and surname of delegated authorised signatory capacity specimen signature full name and surname of all director(s) / member (s), 10. Is a copy of the resolution attached? Yes NO signed on behalf of date: company / cc: print name: witness 1: witness 2: reference NO: b/sm 27/27 of 80 authority to sign a bid or, partnership we, the undersigned partners in the business trading as hereby authorize mr/ms to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and /or contract for and on behalf of the abovementioned partnership. The following particulars in respect of every partner must be furnished and signed by every partner: full name of partner signature signed on behalf of date: partnership: print name: witness 1: witness 2: or, consortium we, the undersigned consortium partners, hereby authorize (name of entity) to act as lead consortium partner and further authorize mr./Ms. To sign this offer as well as any contract resulting from this tender and any other documents and correspondence in connection with this tender and / or contract for and on behalf of the consortium. The following particulars in respect of each consortium member must be provided and signed by each member: % full name of consortium member role of consortium member signature participation signed on behalf of date: partnership: print name: witness 1: witness 2: reference NO: b/sm 27/27 of 80 authority for jv, certificate of authority for joint ventures this returnable schedule is to be completed by joint ventures we, the undersigned, are submitting this tender offer in joint venture and hereby authorize mr./Ms. Authorized signatory of the company/close corporation/partnership (name) , acting in the capacity of lead partner, to sign all documents in connection with the tender offer and any contract resulting from IT on our behalf. (I) name of firm (lead partner) address tel. NO. signature designation (ii) name of firm address tel. NO. signature designation (iii) name of firm address: tel. NO. signature designation (iv) name of firm address tel. NO. signature designation 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. Reference NO: b/sm 27/27 of 80 gcc, general conditions of contract – government procurement, 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 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 any thing 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 RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12. ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. 1.13. 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. 1.14. “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. 1.15. “Gcc” means the general conditions of contract. 1.16. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. 1.17. “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 supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the south african place of entry as well as transportation and handling charges to the factory in the republic where the supplies covered by the bid will be manufactured. 1.18. “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. Reference NO: b/sm 27/27 of 80 gcc 1.19. “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. 1.20. “Order” means an official written order issued for the supply of goods or works or the rendering of a service. 1.21. “Project site” where applicable, means the place indicated in bidding documents. 1.22. “Purchaser” means the organization purchasing the goods. 1.23. “Republic” means the republic of south africa. 1.24. “Scc” means the special conditions of contract. 1.25. “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 supplier covered under the contract. 1.26. “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the state. 1.27. “Tort” means in breach of contract. 1.28. “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.29. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing., Application 2.1. These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2. Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. 2.3. Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply., 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 on the municipality / municipal entity website., Standards 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. Reference NO: b/sm 27/27 of 80 gcc 5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser., Patent rights 6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 6.2. When a supplier developed documentation / projects for the municipality / municipal entity, the intellectual, copy and patent rights or ownership of such documents or projects will vest in the municipality / municipal entity., 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 supplier’s failure to complete his obligations under the contract. 7.3. The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: 7.3.1. 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 7.3.2. A cashier’s or certified cheque 7.4. The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified., Inspections, tests and analyses 8.1. All pre-bidding testing will be for the account of the bidder. 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. 8.2. 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. 8.3. 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. 8.4. 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. 8.5. 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. Reference NO: b/sm 27/27 of 80 gcc 8.6. Any contract goods may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected goods shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with goods which do comply with the requirements of the contract. Failing such removal the rejected goods shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such goods as may be necessary at the expense of the supplier. 8.7. The provisions of clauses 8.4 To 8.7 Shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of clause 22 of gcc., Packing 9.1. The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit. 9.2. The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, and in any subsequent instructions ordered by the purchaser., Delivery delivery of the goods shall be made by the supplier in accordance with the documents and terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified., Insurance 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., Transportation should a price other than an all-inclusive delivered price be required, this shall be specified., Incidental 13.1. The supplier may be required to provide any or all of the following services, including additional services, if any: 13.1.1. Performance or supervision of on-site assembly and/or commissioning of the supplied goods; 13.1.2. Furnishing of tools required for assembly and/or maintenance of the supplied goods; 13.1.3. Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; 13.1.4. Performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and 13.1.5. Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods. 13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services. Reference NO: b/sm 27/27 of 80 gcc, spare parts 14.1. As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier: 14.1.1. Such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and; 14.1.2. In the event of termination of production of the spare parts: 14.1.2.1. Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and 14.1.2.2. Following such termination, furnishing at NO cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.