Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Documents available on tender detail page
Tender Type
Request for Bid(Open-Tender)
Delivery Location
CONNOR STREET 10 - Port Shepstone SP - Port Shepstone SP - 4240
Organization Type
GOVERNMENT
Published
28 Aug 2026
OCDS Reference
ocds-9t57fa-167205
Date & Time
Tuesday, 29 September 2026 - 12:00
Continue with tenders sharing this issuer, category, or province.
Return to this tender’s issuing organisation, province, or category.
Continue with tenders sharing this issuer, category, or province.
Venue
null
Request for Bid(Open-Tender)
CONNOR STREET 10 - Port Shepstone SP - Port Shepstone SP - 4240
Tenders in this industry often require registration with these bodies.
Recommended Certifications
Having these can improve your winning chances: Good Manufacturing Practice (GMP), SABS Product Certification, NRCS Certification
AI Document Analysis Stages
Important Dates
28 Aug
2026
Tender Published
Tender was published
29 Sept
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdf
Ray Nkonyeni Local Municipality invites bids for a panel of qualified service providers to perform repairs and maintenance on the council fleet (light and heavy-duty vehicles) for a three-year period. The contract will be awarded under the 80/20 preference point system with a mandatory functionality assessment requiring a minimum score of 70%.
To download these documents and access AI-powered analysis, visit the main tender page.
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Median Estimate
R 540 000
Range
Based on 25 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
We refine every tender document through these stages so you can brief your team and prepare your bid with confidence. Anything marked as "in progress" will be upgraded automatically — no action required from you.
{"closingDate":"29 September 2026","closingTime":"12:00","briefingSession":"{"date":null,"time":null,"venue":"score the minimum of 70% of points for quality stated in the tender","is_compulsory":false}"}
Contact Information
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdf (TENDER){"name":"Ms N Gwiji","email":"[email protected]","phone":"039 315 1196","department":"P.O. BOX 5","address":"TS MAY BE DEPOSITED IN THE BID BOX"}
Submission Guidelines
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdf (TENDER)Returnable Documents: black people = 10 Company Registration, mechanics (certified copies of qualifications and trade test certificates to be submitted with
Evaluation Criteria
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdf (TENDER)Registered on Central Supplier Database (CSD) with proof attached. Valid Tax Compliance Status (TCS) PIN or certificate. No directors/members employed by the state. Workshop located within Ray Nkonyeni Municipality. Valid RMI certificate for the quoted category. Attendance at compulsory clarification meeting. Submission of original bid document plus one copy. Completion of mandatory declarations: MBD 4 (Declaration of Interest), MBD 6.1 (Preference Points Claim), MBD 8 (Past SCM Practices), MBD 9 (Independent Bid Determination). Joint Venture agreements and MBD 4, 8, 9 for each entity if applicable. Foreign qualifications verified by SAQA.
Technical Specifications
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdf (TENDER)Year period: tender 8/2/RNM0635
Experience & Qualifications
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdfExperience of a Mechanic Certified Trade test 10
experience in heavy-duty vitae with traceable
repairs, 4 years or more, references.
and with hydraulics
equipment experience,
Or
Mechanic experience in light-duty
Experience repairs, 4 years or more,
and with hydraulics
equipment experience.
Company Fully Functioning Workshop Site inspection 10
Capacity
A compulsory clarification meeting will be held at 10 Connor Street, Port Shepstone in
Council Chambers on Friday, 11 September 2026 @ 12h00.
All enquiries to be directed to Ms N Gwiji on 039 315 1196 [email protected].
Note to bidders on pre-conditions of the bid:
reserves the right not to accept the lowest bid or any bid and reserves the right to accept the
whole or part of the bid, or to reject all bids and cancel the notice to bid;
and present them in meeting on a specified date;
register;
attach proof of registration failure to attach will result in your bid not evaluated further.
Workshop must be within the Ray Nkonyeni Municipality jurisdiction.
Proof of valid RMI certificate relating to the category that they are quoting for.
Foreign Qualifications to verified by SAQA and verification to be attached.
Members or Directors of Companies or Service Providers who are state employees are not
allowed to bid or quote;
website. Aggrieved unsuccessful bidders will be allowed to lodge, within fourteen (14) days
of the decision or action, a written objection or complaint to the Office of the Municipal
Manager through email, [email protected] or fax number 0865297195. Complaints or
objections received after fourteen (14) days of the date of the notice will not be entertained;
and
one copy will result in disqualification.
Bids submitted are to be valid for a period of 120 days.
All tender queries can be directed to Mr V Gqoboka Asset/Fleet Manager at 039 312 8408 or email:
[email protected] or [email protected] at 039 315 1196.
K J ZULU Ray Nkonyeni Municipality
MUNICIPAL MANAGER 10 Connor Street
P O Box 5
Port shepstone
4240
All bids must be submitted on the official forms
(Not to be re-typed)
NB!!!!! Please attach copies of the following documents.
shareholders.
Or Tax Compliance Status PIN Sheet.
Standard forms
This bid is subject to the general conditions of contract (gcc) and, if
Applicable, any other special conditions of contract. This bid will be
Evaluated and adjudicated according to the following criteria:
Nb: NO bids will be considered from persons in the service of the
State
Ray nkonyeni municipality
Standard form for bids
You are hereby invited to bid for requirements of the ray nkonyeni municipality
BID NUMBER: 8/2/RNM0635 CLOSING DATE: 29 September 2026 CLOSING TIME: 12:00
Panel of qualified service providers for repairs and maintenance of council fleet for a threedescription year period: tender 8/2/RNM0635
The successful bidder will be required to fill in and sign a written contract form (mbd7).
Bid response documents may be deposited in the bid box
Situated at
10 connor street
Port shepstone
4240
Supplier information
Name of bidder
Postal address
Street address
Telephone number code number
Cellphone number
Facsimile number code number
E-mail address
VAT registration number
TAX COMPLIANCE STATUS TCS PIN: OR CSD No:
Are you a foreign
ARE YOU THE ACCREDITED BASED SUPPLIER FOR Yes No
REPRESENTATIVE IN SOUTH AFRICA Yes No THE GOODS
For the goods /services /works /services /works [if yes, answer part
Offered? [If yes enclose proof] offered? B:3 ]
Total number of items offered total bid price r
Signature of bidder
.................................... Date
Capacity under which this bid is
Signed
Bidding procedure enquiries may be directed to: technical information may be directed to:
DEPARTMENT Treasury CONTACT PERSON Fleet/Assets
CONTACT PERSON Bongani Mfenqa TELEPHONE NUMBER 039 315 1775
Telephone number 039 312 8304 facsimile number
FACSIMILE NUMBER E-MAIL ADDRESS [email protected]
E-MAIL ADDRESS [email protected]
Part b
Terms and conditions for bidding
1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be
Accepted for consideration.
1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or online
1.3. This bid is subject to the preferential procurement regulations, 2022, the general
Conditions of contract (gcc) and, if applicable, any other special conditions of contract.
1.4. The bid offer must be signed by a person authorized to sign on behalf of the bidder;
1.5. A bidder who submitted a bid as a joint venture has included an acceptable joint venture
Agreement with his/her bid;
1.6. A bidder who is a joint venture has included mbd 4, 8 & 9 for each entity in the joint venture
/ Consortium with his/her bid
1.7. The bidderer or a competent authorised representative of the contractor who submitted
The bid has attended the compulsory clarification meeting or site inspection;
2.1 Bidders must ensure compliance with their tax obligations.
2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS
To enable the organ of state to view the taxpayer’s profile and tax status.
2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-filing.
In order to use this provision, taxpayers will need to register with SARS as e-filers through
The website www.SARS.GOV.ZA.
2.4 Foreign suppliers must complete the pre-award questionnaire in part b:3.
2.5 Bidders may also submit a printed tcs certificate together with the bid.
2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party must
Submit a separate tcs certificate / pin / csd number.
2.7 Where NO tcs is available but the bidder is registered on the central supplier database (csd),
A csd number must be provided.
3.1. Is the entity a resident of the republic of south africa (RSA)? yes NO
3.2. Does the entity have a branch in the RSA? yes NO
3.3. Does the entity have a permanent establishment in the RSA? yes NO
3.4. Does the entity have any source of income in the RSA? yes NO
3.5. Is the entity liable in the RSA for any form of taxation? Yes NO
If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax
Compliance status system pin code from the south african revenue service (SARS) and if not
Register as per 2.3 Above.
Nb: failure to provide any of the above particulars may render the bid invalid.
NO bids will be considered from persons in the service of the state.
Signature of bidder: ...................................................
Capacity under which this bid is signed: ...................................................
Date: ...................................................
returnables:
I. A maximum of 10 points will be awarded for a Company with 5 years or more relevant
experience in repairs and maintenance of light and heavy-duty vehicles.
II. A maximum of 10 points will be awarded to the Company that has a minimum of 1
qualified mechanic with 4 years’ experience and has tested for light-duty / heavy-duty
mechanics (certified copies of qualifications and trade test certificates to be submitted with
tender document)
III. A maximum of 10 points will be awarded during site inspection of the workshop as per the
table below.
IV. All tender offers that score the minimum of 70% of points for quality stated in the tender
data shall be eligible for further evaluation.
A company with 5 or more years Business profile of the 10
of relevant experience in repairs bidding company
and maintenance of light and showing 5 years of
experience
Experience of a Mechanic Certified Trade test 10
experience in heavy-duty vitae with traceable
repairs, 4 years or more, references.
and with hydraulics
equipment experience,
Or
Ps = percentage scored for functionality by Bid/proposal under consideration
So = total score of bid/proposal under consideration
Ms = Maximum possible score
Ap = percentage allocated for functionality
tender returnables:
(i) A maximum of 10 points will be awarded for a Company with 5 years or more
relevant experience in repairs and maintenance of light and heavy-duty vehicles.
(ii) A maximum of 10 points will be awarded to the Company that has a minimum of 1
qualified mechanic with 4 years’ experience and has tested for light-duty / heavy-
duty mechanics (certified copies of qualifications and trade test certificates to be
submitted with tender document)
(iii) A maximum of 10 points will be awarded during site inspection of the workshop as
per the table below.
(iv) All tender offers that score the minimum of 70% of points for quality stated in the
tender data shall be eligible for further evaluation.
Point system for functionality will be as per table below:-
A company with 5 or more years Business profile of the 10
of relevant experience in repairs bidding company
and maintenance of light and showing 5 years of
experience A company with 2 - 4 years of Business profile of the 5
relevant experience in repairs bidding company
and maintenance of light and showing 2-4 years of
heavy-duty vehicles. experience.
A company with 1 to less than 2 Business profile of the 0
years of relevant experience in bidding company
repairs and maintenance of light showing 1 to less than 2
and heavy-duty vehicles. years of experience.
Experience of a Mechanic Certified Trade test 10
experience in heavy-duty vitae with traceable
repairs, 4 years or more, references.
and with hydraulics
equipment experience,
Or
Quality Management
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdfExperience repairs, 4 years or more,
and with hydraulics
equipment experience.
Company Fully Functioning Workshop Site inspection 10
reserves the right not to accept the lowest bid or any bid and reserves the right to accept the
whole or part of the bid, or to reject all bids and cancel the notice to bid;
and present them in meeting on a specified date;
register;
attach proof of registration failure to attach will result in your bid not evaluated further.
Workshop must be within the Ray Nkonyeni Municipality jurisdiction.
Proof of valid RMI certificate relating to the category that they are quoting for.
Foreign Qualifications to verified by SAQA and verification to be attached.
Members or Directors of Companies or Service Providers who are state employees are not
allowed to bid or quote;
website. Aggrieved unsuccessful bidders will be allowed to lodge, within fourteen (14) days
of the decision or action, a written objection or complaint to the Office of the Municipal
Manager through email, [email protected] or fax number 0865297195. Complaints or
objections received after fourteen (14) days of the date of the notice will not be entertained;
and
one copy will result in disqualification.
Bids submitted are to be valid for a period of 120 days.
All tender queries can be directed to Mr V Gqoboka Asset/Fleet Manager at 039 312 8408 or email:
[email protected] or [email protected] at 039 315 1196.
CONTACT PERSON Bongani Mfenqa TELEPHONE NUMBER 039 315 1775
Telephone number 039 312 8304 facsimile number
FACSIMILE NUMBER E-MAIL ADDRESS [email protected]
E-MAIL ADDRESS [email protected]
1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or online
1.3. This bid is subject to the preferential procurement regulations, 2022, the general
Conditions of contract (gcc) and, if applicable, any other special conditions of contract.
1.4. The bid offer must be signed by a person authorized to sign on behalf of the bidder;
1.5. A bidder who submitted a bid as a joint venture has included an acceptable joint venture
Agreement with his/her bid;
1.6. A bidder who is a joint venture has included mbd 4, 8 & 9 for each entity in the joint venture
/ Consortium with his/her bid
1.7. The bidderer or a competent authorised representative of the contractor who submitted
The bid has attended the compulsory clarification meeting or site inspection;
Experience repairs, 4 years or more,
and with hydraulics
equipment experience.
Experience of a Mechanic Certified Trade test 5
experience in heavy-duty vitae with traceable
repairs, 2 - 4 years, and references.
with hydraulics equipment
experience, OR
experience in light-duty
repairs, 2 - 4 years, and
with hydraulics equipment
experience.
Experience of a Mechanic Certified Trade test 0
experience in heavy-duty vitae with traceable
repairs, 1 to less than 2 references.
years, and with hydraulics
equipment experience,
Or
experience in heavy-duty
repairs, 1 to less than 2
years, and with hydraulics
equipment experience.
Company Fully Functioning Workshop Site inspection: 10
evaluation process.
compactors and must have heavy-duty tools and equipment.
Pricing Schedule
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdfworkshop for heavy-
duty and light-duty
repairs.
rates statement in
the name of the
bidding company or
company director,
showing the physical
address.
b) Financial Offer
above information is correct at the time of completion.
Name: Signature:
Designation: Date:
Mbd 3.2
Pricing schedule – non-firm prices
(Purchases)
Note: price adjustments will be allowed at the periods and times specified
Compliance Requirements
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdf (TENDER)TAX Compliance Certificate
Tax Compliance Status PIN Sheet
TAX COMPLIANCE STATUS TCS PIN: OR CSD No
Tax compliance requirements
Tax compliance status (tcs) certificate or pin may also be made via e-filing
Tax compliance status system pin code from the south african revenue service (SARS) and if not
Tax Compliance
TCS PIN: OR CSD No
Csd number
Csd number must be provided
Central Supplier Database (CSD) will be considered,
Central supplier database (csd),
Joint Venture agreements (where applicable)
Joint venture agreement with his/her bid
1.6. A bidder who is a joint venture has included mbd 4, 8 & 9 for each entity in the joint venture
2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-filing.
Submit a separate tcs certificate / pin / csd number.
2.7 Where NO tcs is available but the bidder is registered on the central supplier database (csd),
A csd number must be provided.
black people = 10 Company Registration
mechanics (certified copies of qualifications and trade test certificates to be submitted with
Points Allocation: 20 points
B-BBEE Details: e awarded to bidders who
complete the preference schedule and who are found to be eligible for the preference claimed.
(delete whichever is not applicable for this tender).
a). The applicable preference point system for this tender is the 80/20 preference point system.
b) Either the 80/20 preference point system will be applicable in this tender. The lowest/ highest
acceptable tender will be used to determine the accurate system once tenders are received.
1.1 Points for this tender (even in the case of a tender for income-generating contracts)
shall be awarded for:
(a) Price; and
(b) Specific Goals.
1.2 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
Points
Price 80
Specific goals 20
Total points for Price and SPECIFIC GOALS 100
1.3 Failure on the part of a tenderer to submit proof or documentation required in terms of this
tender to claim points for specific goals with the tender, will be interpreted to mean that
preference points for specific goals are not claimed.
1.4 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to preferences,
in any manner required by the organ of state.
General conditions of contract
Table of clauses
Health & Safety
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdfDescription:______________________________________________________________
Bidders to submit one (01) copy of the bid document together with the original bid document, bidders
that fail to submit copies will be disqualified. Fully completed Bid documents must be submitted in a
sealed envelope, clearly marked “PANEL OF QUALIFIED SERVICE PROVIDERS FOR REPAIRS,
AND MAINTENANCE OF COUNCIL FLEET FOR A PERIOD OF THREE (3) YEARS for Ray
Nkonyeni Municipality” and must be deposited in the Bid box at the Municipal offices at 10 Connor
Street, Port Shepstone, no later than 12:00 on Tuesday, 29 September 2026 after which all Bids will
be opened in public.
The 80/20 preference point system shall be applicable during the evaluation and adjudication of
this Bid proposal.
A compulsory clarification meeting will be held at 10 Connor Street, Port Shepstone in
Council Chambers on Friday, 11 September 2026 @ 12h00.
All enquiries to be directed to Ms N Gwiji on 039 315 1196 [email protected].
not harmful or hazardous
Nb:
disqualified.
Contractual Terms
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdfGeneral Conditions of Contract
1.2 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids.
1.3 “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.
1.4 “Contract price” means the price payable to the supplier under the
contract for the full and proper performance of his contractual
obligations.
1.5 “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.
1.6 "Countervailing duties" are imposed in cases where an enterprise
abroad is subsidized by its government and encouraged to market its
products internationally.
1.7 “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.
1.8. “Database application form” means the application form required by
the Ray Nkonyeni Municipality to be filled in by the successful Bidder,
following the award of the contract, for inclusion on the RNM database
before payment is made.
1.9 “Day” means calendar day.
1.10 “Delivery” means delivery in compliance of the conditions of the
contract or order.
1.11 “Delivery ex stock” means immediate delivery directly from stock
actually on hand.
1.12 “Delivery into consignees store or to his site” means delivered and
unloaded in the specified store or depot or on the specified site in
compliance with the conditions of the contract or order, the supplier
bearing all risks and charges involved until the goods are so delivered
and a valid receipt is obtained.
1.13 "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.
1.14 ”Force majeure” means an event beyond the control of the
supplier and not involving the supplier’s fault or negligence and not
foreseeable. Such events may include, but is not restricted to, acts of
the purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
1.15 “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.
1.16 “GCC” means the General Conditions of Contract.
1.17 “Goods” means all of the equipment, machinery, and/or other
materials that the supplier is required to supply to the purchaser under
the contract.
1.18 “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 goods covered by the bid will be
manufactured.
1.19 “Local content” means that portion of the bidding price, which is not
included in the imported content provided that local manufacture does
take place.
1.20 “Manufacture” means the production of products in a factory using
labour, materials, components and machinery and includes other
related value-adding activities.
1.21 “Order” means an official written order issued for the supply of goods
or works or the rendering of a service.
1.22 “Project site,” where applicable, means the place indicated in bidding
documents.
1.23 “Purchaser” means the organization purchasing the goods.
1.24 “Republic” means the Republic of South Africa.
1.25 “SCC” means the Special Conditions of Contract.
1.26 “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.
1.27 “Supplier” means the successful bidder who is awarded the contract
to maintain and administer the required and specified service(s) to the
State.
1.28 “Tort” means in breach of contract.
1.29 “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.
1.30 “Written” or “in writing” means hand-written in ink or any form of
electronic or mechanical writing.
contracts and orders including bids for functional and professional
services (excluding professional services related to the building and
construction industry), sales, hiring, letting and the granting or
acquiring of rights, but excluding immovable property, unless
otherwise indicated in the bidding documents.
2.2 Where applicable, special conditions of contract are also laid down to
cover specific goods, services or works.
2.3 Where such special conditions of contract are in conflict with these
general conditions, the special conditions shall apply.
purchaser shall not be liable for any expense incurred in the
preparation and submission of a bid. Where applicable a
nonrefundable fee for documents may be charged.
3.2 Invitations to bid are usually published in locally distributed news
media and on the municipality/municipal entity website.
mentioned in the bidding documents and specifications.
contract disclose the contract, or any provision thereof, or any specifications,
documents plan, drawing, pattern, sample, or information furnished by or on
and behalf of the purchaser in connection therewith, to any person other
information than a person employed by the supplier in the of the contract.
inspection Disclosure to any such employed person shall be made in confidence
and shall extend only so far as may be necessary for purposes of such
performance.
5.2 The supplier shall not, without the purchaser’s prior written consent,
make use of any document or information mentioned in GCC clause
5.1 except for purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in 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.
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.
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.
security 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:
(a) a bank guarantee or an irrevocable letter of credit issued by a
reputable bank located in the purchaser’s country or abroad,
acceptable to the purchaser, in the form provided in the bidding
documents or another form acceptable to the purchaser; or
(b) a cashier’s or certified cheque.
7.4 The performance security will be discharged by the purchaser and
returned to the supplier not later than thirty (30) days following the date
of completion of the supplier’s performance obligations under the
contract, including any warranty obligations, unless otherwise
specified.
tests and
analyses 8.2 If it is a bid condition that goods to be produced or services
to be rendered should at any stage be subject to inspections, tests
and analyses, the bidder or contractor’s premises shall be open, at all
reasonable hours, for inspection by a representative of the purchaser
or organization acting on behalf of the purchaser.
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 Goods and services which are referred to in clauses 8.2 and 8.3 and
which do not comply with the contract requirements may be rejected.
8.7 Any contract goods may on or after delivery be inspected, tested or
analysed 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.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the
purchaser to cancel the contract on account of a breach of the
conditions thereof, or to act in terms of Clause 22 of GCC.
required to prevent their damage or deterioration during transit to their
final destination, as indicated in the contract. The packing shall be
sufficient to withstand, without limitation, rough handling during transit
and exposure to extreme temperatures, salt and precipitation during
transit, and open storage. Packing, case size weights shall take into
consideration, where appropriate, the remoteness of the goods’ final
destination and the absence of heavy handling facilities at all points in
transit.
9.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall
be expressly provided for in the contract, including additional
requirements, if any, and in any subsequent instructions ordered by
the purchaser.
documents clearance obligations, shall be made by the supplier in accordance
with the terms specified in the contract.
insured in a freely convertible currency against loss or damage
incidental to manufacture or acquisition, transportation, storage and
delivery in the manner specified.
required, this shall be specified.
services following services, including additional services, if any:
(a) performance or supervision of on-site assembly and/or
commissioning of the supplied goods;
(b) furnishing of tools required for assembly and/or maintenance
of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual
for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of
the supplied goods, for a period of time agreed by the parties,
provided that this service shall not relieve the supplier of any
warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant
and/or on-site, in assembly, start-up, operation, maintenance,
and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not
included in the contract price for the goods, shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the supplier for similar services.
or all of the following materials, notifications, and information
pertaining to spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from
the supplier, provided that this election shall not relieve the
supplier of any warranty obligations under the contract; and;
(b) in the event of termination of production of the spare parts:
(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.
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.
15.3 The purchaser shall promptly notify the supplier in writing of any claims
arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period
specified and with all reasonable speed, repair or replace the defective
goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within
the period specified, the purchaser may proceed to take such remedial
action as may be necessary, at the supplier’s risk and expense and
without prejudice to any other rights which the purchaser may have
against the supplier under the contract.
supplier under this contract shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice accompanied
by a copy of the delivery note and upon fulfillment of other obligations
stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case
later than thirty (30) days after submission of an invoice or claim by
the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated.
16.5. Payment will only be made if the supplier has filled in and submitted
the necessary database application form to the satisfaction of the
Chief Financial Officer.
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.
orders changes in purchase does not vary more than 15% of the total value
of the original contract, the contractor may be instructed to deliver the
goods or render the services as such. In cases of measurable
quantities, the contractor may be approached to reduce the unit price,
and such offers may be accepted provided that there is no escalation
in price.
obligations to perform under the contract, except with the purchaser’s
prior written consent.
sub-contracts awarded under this contracts 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.
supplier’s made by the supplier in accordance with the time schedule
performance prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its
subcontractor(s) should encounter conditions impeding timely delivery
of the goods and performance of services, the supplier shall promptly
notify the purchaser in writing of the fact of the delay, its likely duration
and its cause(s). As soon as practicable after receipt of the supplier’s
notice, the purchaser shall evaluate the situation and may at his
discretion extend the supplier’s time for performance, with or without
the imposition of penalties, in which case the extension shall be ratified
by the parties by amendment of contract.
21.3 The right is reserved to procure outside of the contract small quantities
or to have minor essential services executed if an emergency arises,
the supplier’s point of supply is not situated at or near the place where
the goods are required, or the supplier’s services are not readily
available.
21.4 Except as provided under GCC Clause 25, a delay by the supplier in
the performance of its delivery obligations shall render the supplier
liable to the imposition of penalties, pursuant to GCC Clause 22,
unless an extension of time is
agreed upon pursuant to GCC Clause 22.2 without the application of
penalties.
21.5 Upon any delay beyond the delivery period in the case of a
goods contract, the purchaser shall, without cancelling the contract,
be entitled to purchase goods of a similar quality and up to the same
quantity in substitution of the goods not supplied in conformity with the
contract and to return any goods delivered later at the supplier’s
expense and risk, or to 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.
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.
for default breach of contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the
period(s) specified in the contract, or within any extension
thereof granted by the purchaser pursuant to GCC Clause
21.2;
(b) if the supplier fails to perform any other obligation(s) under the
contract; or
(c) if the supplier, in the judgement 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 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 purchaser
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:
(a) the name and address of the supplier and / or person restricted
by the purchaser;
(b) the date of commencement of the restriction;
(c) the period of restriction; and
(d) 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 Bid Defaulters. When
a person’s name has been endorsed on the Register, the person will
be prohibited from doing business with the public sector for a period
not less than five years and not more than 10 years. The National
Treasury is empowered to determine the period of restriction and each
case will be dealt with on its own merits. According to section 32 of the
Act the Register must be open to the public. The Register can be
perused on the National Treasury website.
and anti-dumping or countervailing duties are imposed, or the amount of
countervailing amount of a provisional payment or anti-dumping or countervailing
duties and rights 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 supplier to the
purchaser or the purchaser may deduct such amounts from moneys
(if any) which may otherwise be due to the supplier in regard to goods
or services which he delivered or rendered, or is to deliver or render
in terms of the contract or any other contract or any other amount
which may be due to him.
majeure supplier shall not be liable for forfeiture of its performance security,
damages, or termination for default if and to the extent that his delay
in performance or other failure to perform his obligations under the
contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify
the purchaser in writing of such condition and the cause thereof.
Unless otherwise directed by the purchaser in writing, the supplier
shall continue to perform its obligations under the contract as far as is
reasonably practical, and shall seek all reasonable alternative means
for performance not prevented by the force majeure event.
for insolvency written notice to the supplier if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without
compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy, which has accrued or
will accrue thereafter to the purchaser.
of disputes between the purchaser and the supplier in connection with or arising
out of the contract, the parties shall make every effort to resolve
amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute
or difference by such mutual consultation, then either the purchaser or
the supplier may give notice to the other party of his intention to
commence with mediation. No mediation in respect of this matter may
be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it
may be settled in a South African court of law.
27.4 Notwithstanding any reference to mediation and/or court proceedings
herein,
(a) the parties shall continue to perform their respective
obligations under the contract unless they otherwise agree;
and
(b) the purchaser shall pay the supplier any monies due the
supplier for goods delivered and / or services rendered
according to the prescripts of the contract.
liability misconduct, and in the case of infringement pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in
contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier to pay penalties and/or
damages to the purchaser; and
(b) the aggregate liability of the supplier to the purchaser, whether
under the contract, in tort or otherwise, shall not exceed the
total contract price, provided that this limitation shall not apply
to the cost of repairing or replacing defective equipment.
language other documents pertaining to the contract that is exchanged by the
parties shall also be written in English.
law laws, unless otherwise specified.
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.
duties duties, license fees, and other such levies imposed outside the
purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties,
license fees, etc., incurred until delivery of the contracted goods to the
purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are
not in order. Prior to the award of a bid SARS must have certified that
the tax matters of the preferred bidder are in order.
32.4 No contract shall be concluded with any bidder whose municipal rates
and taxes and municipal services charges are in arrears.
contracts contract or part thereof without the written permission of the
purchaser.
of contracts 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.
of restrictive as amended, an agreement between, or concerted practice by , firms
practices or a decision by an association of firms, is prohibited if it is between parties
in a horizontal relationship and if a bidder(s) is / are or a contractor(s)
was / were involved in collusive bidding.
35.2 If a bidder(s) or contractor(s) based on reasonable grounds or
evidence obtained by the purchaser has / have engaged in the
restrictive practice referred to above, the purchaser may refer the
matter to the Competition Commission for investigation and possible
imposition of administrative penalties as contemplated in section 59 of
the Competition Act No 89 0f 1998.
35.3 If a bidder(s) or contractor(s) has / have been found guilty by the
Competition Commission of the restrictive practice referred to above,
the purchaser may, in addition and without prejudice to any other
remedy provided for, invalidate the bid(s) for such item(s) offered, and
/ or terminate the contract in whole or part, and / or restrict the
bidder(s) or contractor(s) from conducting business with the public
sector for a period not exceeding ten (10) years and / or claim
damages from the bidder(s) or contractor(s) concerned.
No contract will be awarded to a person who has failed to submit a copy of Tax Compliance
Certificate with a PIN from the South African Revenue Service (“SARS”) certifying that the
taxes of that person to be in order or that suitable arrangements have been made with SARS.
I certify that I have the appropriate authority to furnish the above-mentioned information and that the
above information is correct at the time of completion.
Name: Signature:
Designation: Date:
Mbd 3.2
Pricing schedule – non-firm prices
(Purchases)
Note: price adjustments will be allowed at the periods and times specified
In the bidding documents.
In cases where different delivery points influence the pricing, a separate
Pricing schedule must be submitted for each delivery point
Name of Bidder............................................. Bid number.......................................
Closing Time ........................... Closing Date
................................................
Offer to be valid for 120 days from the closing date of bid.
Towing, repairs and maintenance
I / We hereby quote/tender the amount of:
Service Normal Rate Per Hour After Hours Rate Per Hour
General Motor Repairs: Labour R R
Rate:
Call Out Fees R R
Rate per Kilometer Travelled R R
Towing Normal Rate Per KM After Hours Rate Per KM
Towing for heavy-duty vehicles R R
Towing for light-duty vehicles R R
Bi- weekly inspection of Council
Fleet to include De-Sanitation RATE PER VEHICLE
washing of Compactors only
using SABS approved
Detergents/chemicals which are
not harmful or hazardous
Nb:
disqualified.
Conditions of the Tender:
To qualify for consideration of this tender, service providers must provide the following:-
Full details of qualifications of Mechanics in its employ must be submitted.
Foreign Qualifications to be verified by SAQA and verification to be attached.
The physical address of premises to enable the property to be inspected as part of the
evaluation process.
compactors and must have heavy-duty tools and equipment.
workmanship.
thereof to be reported on inspection sheet.
Check and top up all oil on engine, gearbox, hydraulic and transmission if necessary (Oil to
be as per the recommended vehicle specifications and to be SABS approved)
specifications and to be SABS approved.
copies of spares purchased must be attached to the invoice submitted to Council
otherwise payment will not be processed.
Supplier’s signature date
Required by: ........................................
At: ........................................
.......................................
Brand and Model ........................................
Country of Origin ........................................
Does offer comply with specification? *YES/NO
If not to specification, indicate deviation(s) ........................................
Period required for delivery ........................................
*Delivery: Firm/not firm
included in the bid price) ........................................
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
*** “ all applicable taxes “ includes value added tax, pay as you earn(PAYE), income tax ,
unemployment insurance fund (UIF) and skills development levies.
*Delete if not applicable
Mbd 3.2
Price adjustments
A non-firm prices subject to escalation
(Loaded) with the assessed contract price adjustments implicit in non firm
Prices when calculating the comparative prices
The following formula:
R1t R 2t R 3t R 4t Pa = (1 − V )Pt D1 + D 2 + D 3 + D 4 + VPt
R1o R 2o R 3o R 4o
Where:
Pa = The new escalated price to be calculated.
= 85% of the original bid price. Note that Pt must always be the
original bid price and not an escalated price.
= Each factor of the bid price eg. labour, transport, clothing, footwear, etc. The total
of the various factors D1,D2...etc. must add up to 100%.
= Index figure obtained from new index (depends on the number of factors used).
R1o, R2o = Index figure at time of bidding.
= 15% of the original bid price. This portion of the bid price remains firm i.e. it is not
subject to any price escalations.
Index..........
Dated..........
Index..........
Dated..........
Formula. The total of the various factors must add up to 100%.
5.1 RNM/MBD 3.2 Pricing Schedule 27-32
5.2 Declaration of Interest 33-35
5.3 Past experience 36
5.4 RNM/MBD 6.1 Preferential procurement Reg. 2022 37-41
5.5 RNM/MBD 8 Declaration past SCM practices 42-43
5.6 RNM/MBD 9 Certificate of Independent Bid Determination 44-46
1.2 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids.
1.3 “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.
1.4 “Contract price” means the price payable to the supplier under the
contract for the full and proper performance of his contractual
obligations.
1.5 “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.
1.6 "Countervailing duties" are imposed in cases where an enterprise
abroad is subsidized by its government and encouraged to market its
products internationally.
1.7 “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.
1.8. “Database application form” means the application form required by
the Ray Nkonyeni Municipality to be filled in by the successful Bidder,
following the award of the contract, for inclusion on the RNM database
before payment is made.
1.9 “Day” means calendar day.
1.10 “Delivery” means delivery in compliance of the conditions of the
contract or order.
1.11 “Delivery ex stock” means immediate delivery directly from stock
actually on hand.
1.12 “Delivery into consignees store or to his site” means delivered and
unloaded in the specified store or depot or on the specified site in
compliance with the conditions of the contract or order, the supplier
bearing all risks and charges involved until the goods are so delivered
and a valid receipt is obtained.
1.13 "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.
1.14 ”Force majeure” means an event beyond the control of the
supplier and not involving the supplier’s fault or negligence and not
foreseeable. Such events may include, but is not restricted to, acts of
the purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
1.15 “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.
1.16 “GCC” means the General Conditions of Contract.
1.17 “Goods” means all of the equipment, machinery, and/or other
materials that the supplier is required to supply to the purchaser under
the contract.
1.18 “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 goods covered by the bid will be
manufactured.
1.19 “Local content” means that portion of the bidding price, which is not
included in the imported content provided that local manufacture does
take place.
1.20 “Manufacture” means the production of products in a factory using
labour, materials, components and machinery and includes other
related value-adding activities.
1.21 “Order” means an official written order issued for the supply of goods
or works or the rendering of a service.
1.22 “Project site,” where applicable, means the place indicated in bidding
documents.
1.23 “Purchaser” means the organization purchasing the goods.
1.24 “Republic” means the Republic of South Africa.
1.25 “SCC” means the Special Conditions of Contract.
1.26 “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.
1.27 “Supplier” means the successful bidder who is awarded the contract
to maintain and administer the required and specified service(s) to the
1.28 “Tort” means in breach of contract.
1.29 “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.
1.30 “Written” or “in writing” means hand-written in ink or any form of
electronic or mechanical writing.
contracts and orders including bids for functional and professional
services (excluding professional services related to the building and
construction industry), sales, hiring, letting and the granting or
acquiring of rights, but excluding immovable property, unless
otherwise indicated in the bidding documents.
2.2 Where applicable, special conditions of contract are also laid down to
cover specific goods, services or works.
2.3 Where such special conditions of contract are in conflict with these
general conditions, the special conditions shall apply.
purchaser shall not be liable for any expense incurred in the
preparation and submission of a bid. Where applicable a
nonrefundable fee for documents may be charged.
3.2 Invitations to bid are usually published in locally distributed news
media and on the municipality/municipal entity website.
mentioned in the bidding documents and specifications.
contract disclose the contract, or any provision thereof, or any specifications,
documents plan, drawing, pattern, sample, or information furnished by or on
and behalf of the purchaser in connection therewith, to any person other
information than a person employed by the supplier in the of the contract.
inspection Disclosure to any such employed person shall be made in confidence
and shall extend only so far as may be necessary for purposes of such
performance.
5.2 The supplier shall not, without the purchaser’s prior written consent,
make use of any document or information mentioned in GCC clause
5.1 except for purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in 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.
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.
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.
security 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:
(a) a bank guarantee or an irrevocable letter of credit issued by a
reputable bank located in the purchaser’s country or abroad,
acceptable to the purchaser, in the form provided in the bidding
documents or another form acceptable to the purchaser; or
(b) a cashier’s or certified cheque.
7.4 The performance security will be discharged by the purchaser and
returned to the supplier not later than thirty (30) days following the date
of completion of the supplier’s performance obligations under the
contract, including any warranty obligations, unless otherwise
specified.
tests and
analyses 8.2 If it is a bid condition that goods to be produced or services
to be rendered should at any stage be subject to inspections, tests
and analyses, the bidder or contractor’s premises shall be open, at all
reasonable hours, for inspection by a representative of the purchaser
or organization acting on behalf of the purchaser.
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 Goods and services which are referred to in clauses 8.2 and 8.3 and
which do not comply with the contract requirements may be rejected.
8.7 Any contract goods may on or after delivery be inspected, tested or
analysed 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.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the
purchaser to cancel the contract on account of a breach of the
conditions thereof, or to act in terms of Clause 22 of GCC.
required to prevent their damage or deterioration during transit to their
final destination, as indicated in the contract. The packing shall be
sufficient to withstand, without limitation, rough handling during transit
and exposure to extreme temperatures, salt and precipitation during
transit, and open storage. Packing, case size weights shall take into
consideration, where appropriate, the remoteness of the goods’ final
destination and the absence of heavy handling facilities at all points in
transit.
9.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall
be expressly provided for in the contract, including additional
requirements, if any, and in any subsequent instructions ordered by
the purchaser.
documents clearance obligations, shall be made by the supplier in accordance
with the terms specified in the contract.
insured in a freely convertible currency against loss or damage
incidental to manufacture or acquisition, transportation, storage and
delivery in the manner specified.
required, this shall be specified.
services following services, including additional services, if any:
(a) performance or supervision of on-site assembly and/or
commissioning of the supplied goods;
(b) furnishing of tools required for assembly and/or maintenance
of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual
for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of
the supplied goods, for a period of time agreed by the parties,
provided that this service shall not relieve the supplier of any
warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant
and/or on-site, in assembly, start-up, operation, maintenance,
and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not
included in the contract price for the goods, shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the supplier for similar services.
or all of the following materials, notifications, and information
pertaining to spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from
the supplier, provided that this election shall not relieve the
supplier of any warranty obligations under the contract; and;
(b) in the event of termination of production of the spare parts:
(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.
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.
15.3 The purchaser shall promptly notify the supplier in writing of any claims
arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period
specified and with all reasonable speed, repair or replace the defective
goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within
the period specified, the purchaser may proceed to take such remedial
action as may be necessary, at the supplier’s risk and expense and
without prejudice to any other rights which the purchaser may have
against the supplier under the contract.
supplier under this contract shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice accompanied
by a copy of the delivery note and upon fulfillment of other obligations
stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case
later than thirty (30) days after submission of an invoice or claim by
the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated.
16.5. Payment will only be made if the supplier has filled in and submitted
the necessary database application form to the satisfaction of the
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.
orders changes in purchase does not vary more than 15% of the total value
of the original contract, the contractor may be instructed to deliver the
goods or render the services as such. In cases of measurable
quantities, the contractor may be approached to reduce the unit price,
and such offers may be accepted provided that there is no escalation
in price.
obligations to perform under the contract, except with the purchaser’s
prior written consent.
sub-contracts awarded under this contracts 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.
supplier’s made by the supplier in accordance with the time schedule
performance prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its
subcontractor(s) should encounter conditions impeding timely delivery
of the goods and performance of services, the supplier shall promptly
notify the purchaser in writing of the fact of the delay, its likely duration
and its cause(s). As soon as practicable after receipt of the supplier’s
notice, the purchaser shall evaluate the situation and may at his
discretion extend the supplier’s time for performance, with or without
the imposition of penalties, in which case the extension shall be ratified
by the parties by amendment of contract.
21.3 The right is reserved to procure outside of the contract small quantities
or to have minor essential services executed if an emergency arises,
the supplier’s point of supply is not situated at or near the place where
the goods are required, or the supplier’s services are not readily
available.
21.4 Except as provided under GCC Clause 25, a delay by the supplier in
the performance of its delivery obligations shall render the supplier
liable to the imposition of penalties, pursuant to GCC Clause 22,
unless an extension of time is
agreed upon pursuant to GCC Clause 22.2 without the application of
penalties.
21.5 Upon any delay beyond the delivery period in the case of a
goods contract, the purchaser shall, without cancelling the contract,
be entitled to purchase goods of a similar quality and up to the same
quantity in substitution of the goods not supplied in conformity with the
contract and to return any goods delivered later at the supplier’s
expense and risk, or to 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.
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.
for default breach of contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the
period(s) specified in the contract, or within any extension
thereof granted by the purchaser pursuant to GCC Clause
21.2;
(b) if the supplier fails to perform any other obligation(s) under the
contract; or
(c) if the supplier, in the judgement 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 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 purchaser
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:
(a) the name and address of the supplier and / or person restricted
by the purchaser;
(b) the date of commencement of the restriction;
(c) the period of restriction; and
(d) 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
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 supplier to the
purchaser or the purchaser may deduct such amounts from moneys
(if any) which may otherwise be due to the supplier in regard to goods
or services which he delivered or rendered, or is to deliver or render
in terms of the contract or any other contract or any other amount
which may be due to him.
majeure supplier shall not be liable for forfeiture of its performance security,
damages, or termination for default if and to the extent that his delay
in performance or other failure to perform his obligations under the
contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify
the purchaser in writing of such condition and the cause thereof.
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.
for insolvency written notice to the supplier if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without
compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy, which has accrued or
will accrue thereafter to the purchaser.
of disputes between the purchaser and the supplier in connection with or arising
out of the contract, the parties shall make every effort to resolve
amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute
or difference by such mutual consultation, then either the purchaser or
the supplier may give notice to the other party of his intention to
commence with mediation. No mediation in respect of this matter may
be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it
may be settled in a South African court of law.
27.4 Notwithstanding any reference to mediation and/or court proceedings
herein,
(a) the parties shall continue to perform their respective
obligations under the contract unless they otherwise agree;
and
(b) the purchaser shall pay the supplier any monies due the
supplier for goods delivered and / or services rendered
according to the prescripts of the contract.
liability misconduct, and in the case of infringement pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in
contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier to pay penalties and/or
damages to the purchaser; and
(b) the aggregate liability of the supplier to the purchaser, whether
under the contract, in tort or otherwise, shall not exceed the
total contract price, provided that this limitation shall not apply
to the cost of repairing or replacing defective equipment.
language other documents pertaining to the contract that is exchanged by the
parties shall also be written in English.
law laws, unless otherwise specified.
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.
duties duties, license fees, and other such levies imposed outside the
purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties,
license fees, etc., incurred until delivery of the contracted goods to the
purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are
not in order. Prior to the award of a bid SARS must have certified that
the tax matters of the preferred bidder are in order.
32.4 No contract shall be concluded with any bidder whose municipal rates
and taxes and municipal services charges are in arrears.
contracts contract or part thereof without the written permission of the
purchaser.
of contracts 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.
of restrictive as amended, an agreement between, or concerted practice by , firms
practices or a decision by an association of firms, is prohibited if it is between parties
in a horizontal relationship and if a bidder(s) is / are or a contractor(s)
was / were involved in collusive bidding.
35.2 If a bidder(s) or contractor(s) based on reasonable grounds or
evidence obtained by the purchaser has / have engaged in the
restrictive practice referred to above, the purchaser may refer the
matter to the Competition Commission for investigation and possible
imposition of administrative penalties as contemplated in section 59 of
the Competition Act No 89 0f 1998.
35.3 If a bidder(s) or contractor(s) has / have been found guilty by the
thereof to be reported on inspection sheet.
Check and top up all oil on engine, gearbox, hydraulic and transmission if necessary (Oil to
be as per the recommended vehicle specifications and to be SABS approved)
specifications and to be SABS approved.
copies of spares purchased must be attached to the invoice submitted to Council
otherwise payment will not be processed.
Supplier’s signature date
Required by: ........................................
At: ........................................
.......................................
Brand and Model ........................................
Country of Origin ........................................
Does offer comply with specification? *YES/NO
If not to specification, indicate deviation(s) ........................................
Period required for delivery ........................................
*Delivery: Firm/not firm
included in the bid price) ........................................
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
*** “ all applicable taxes “ includes value added tax, pay as you earn(PAYE), income tax ,
unemployment insurance fund (UIF) and skills development levies.
*Delete if not applicable
Mbd 3.2
Section
Source: 8-2-RNM0635 Panel for Qualified service providers for repairs and maintenance of Council Fleet for a Period of Three (3) Years.pdfThe procedure for evaluation of responsive Bid Offers will be METHOD 4 if applicable to your
bid: (Financial Offer, preference and quality (functionality) with 80/20 Preference Points
System. Score quality, rejecting all Bid Offers that fail to score the minimum number of points for
quality stated in the Bid Data. The total score awarded will be the addition of the two scores for
price and preference.
The following formula will be used in Calculation of Percentage for Functionality
PS=So x Ap
Ms
Where:
Ps = percentage scored for functionality by Bid/proposal under consideration
So = total score of bid/proposal under consideration
Ms = Maximum possible score
Ap = percentage allocated for functionality
tender returnables:
(i) A maximum of 10 points will be awarded for a Company with 5 years or more
relevant experience in repairs and maintenance of light and heavy-duty vehicles.
(ii) A maximum of 10 points will be awarded to the Company that has a minimum of 1
qualified mechanic with 4 years’ experience and has tested for light-duty / heavy-
duty mechanics (certified copies of qualifications and trade test certificates to be
submitted with tender document)
(iii) A maximum of 10 points will be awarded during site inspection of the workshop as
per the table below.
(iv) All tender offers that score the minimum of 70% of points for quality stated in the
tender data shall be eligible for further evaluation.
Point system for functionality will be as per table below:-
Aspect criteria verification maximum
Method points
A company with 5 or more years Business profile of the 10
of relevant experience in repairs bidding company
and maintenance of light and showing 5 years of
Company heavy-duty vehicles. experience.
experience A company with 2 - 4 years of Business profile of the 5
relevant experience in repairs bidding company
and maintenance of light and showing 2-4 years of
heavy-duty vehicles. experience.
A company with 1 to less than 2 Business profile of the 0
years of relevant experience in bidding company
repairs and maintenance of light showing 1 to less than 2
and heavy-duty vehicles. years of experience.
Experience of a Mechanic Certified Trade test 10
experience in heavy-duty vitae with traceable
repairs, 4 years or more, references.
and with hydraulics
equipment experience,
Or
Mechanic experience in light-duty
Experience repairs, 4 years or more,
and with hydraulics
equipment experience.
Experience of a Mechanic Certified Trade test 5
experience in heavy-duty vitae with traceable
repairs, 2 - 4 years, and references.
with hydraulics equipment
experience, OR
experience in light-duty
repairs, 2 - 4 years, and
with hydraulics equipment
experience.
Experience of a Mechanic Certified Trade test 0
experience in heavy-duty vitae with traceable
repairs, 1 to less than 2 references.
years, and with hydraulics
equipment experience,
Or
experience in heavy-duty
repairs, 1 to less than 2
years, and with hydraulics
equipment experience.
Company Fully Functioning Workshop Site inspection: 10
Capacity
workshop for heavy-
duty and light-duty
repairs.
rates statement in
the name of the
bidding company or
company director,
showing the physical
address.
b) Financial Offer
The financial offer will be scored using the following formula:
Nf = W1 x[1-(P-Pm) / Pm]
Where:
W1 = 80 for financial values up to R 50, 000, 000.00 (inclusive of VAT) of all responsive
tenders received:
Pm = the value of the comparative offer of the most favourable tender;
P = the value of the comparative offer under consideration;
In the application of the 90/10 preference point system, if all bids received are below R 50, 000,
000.00, the bid must be cancelled. If one or more of the acceptable bid(s) received are above R
50, 000, 000.00 threshold, all bids received must be evaluated on the 90/10 preference point
system.
c) Preferences
Up to 20 points (for financial values up to R 50, 000, 000.00), will be awarded to bidders who
complete the preference schedule and who are found to be eligible for the preference claimed.
(delete whichever is not applicable for this tender).
a). The applicable preference point system for this tender is the 80/20 preference point system.
b) Either the 80/20 preference point system will be applicable in this tender. The lowest/ highest
acceptable tender will be used to determine the accurate system once tenders are received.
1.1 Points for this tender (even in the case of a tender for income-generating contracts)
shall be awarded for:
(a) Price; and
(b) Specific Goals.
1.2 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
Points
Price 80
Specific goals 20
Total points for Price and SPECIFIC GOALS 100
1.3 Failure on the part of a tenderer to submit proof or documentation required in terms of this
tender to claim points for specific goals with the tender, will be interpreted to mean that
preference points for specific goals are not claimed.
1.4 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to preferences,
in any manner required by the organ of state.
General conditions of contract
Table of clauses
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
Address
CONNOR STREET 10 - Port Shepstone SP - Port Shepstone SP - 4240
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
1
Last checked
27 Aug 2026
AI status
Not enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
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