The appointment of a fully independent suitably registered laboratory to test sea water samples for a period of three (3) years

{"closingDate":"11 AUGUST 2026","closingTime":"12:00"}

{"name":"MR SBO LANGENI CONTACT PERSON","email":"[email protected]","phone":"0820411117","department":"Y SERVICES DEPARTMENT","address":"UIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7)."}

Returnable Documents:

• Only service providers registered in the Central Supplier Database (CSD) will be considered,

1. SANAS 17025:2017 accredited testing laboratory (certified copy mandatory). 2. Team leader registered with SACNASP (certified copy mandatory). 3. Registered on Central Supplier Database (CSD). 4. Tax compliant (TCS PIN or certificate). 5. Not a state employee. 6. Minimum 1 year experience in sea/lagoon water sampling and analysis (appointment letters + purchase orders). 7. Submit original + 1 copy of bid document. 8. Complete all MBD forms. 9. Provide company registration, director IDs, and proof of specific goals ownership for preference points.

The appointment of a fully independent suitably registered laboratory to

Test sea water samples for a period of three (3) years

To appoint a service provider which is deemed competent (must provide training records which

substantiate competence) to undertake the correct sampling procedure (procedure to be outlined in

full) for the sampling of various water samples required for the fortnightly monitoring of natural,

Estuary/ Lagoon and Sea water matrices at pre-determined locations within the required district

area. The beaches and estuaries which require fortnightly water sampling within the Ray Nkonyeni

Municipality are:

1. Hibberdene Beach and Lagoon
2. Umzumbe Beach
3. Southport Beach
4. Lucien Beach
5. Ramsgate Beach and Lagoon
6. Marina Beach and Lagoon
7. Trafalgar Beach
8. St Micheals Beach and the Lagoon
9. Margate Beach and the Lagoon
10. Port Edward Beach and the Lagoon
11. Umtentweni Beach
12. Uvongo Beach/Lagoon

a. All Bidders must provide a separate flat rate per water quality sample which the Ray

Nkonyeni Municipality will be charged in the event that it may require resampling of failed

results or additional water samples from non-specified areas.

All additional samples will be taken during the normal/ specified fortnightly sample run on

dates which have been pre-agreed on between the Ray Nkonyeni Municipality and the

Laboratory. Non-compliant results must be communicated to the section Head of the Ray

Nkonyeni Municipality within 48hrs of testing. Re-sampling of failed samples must be taken

within 2 days of fortnightly sample results being available.

b. Water quality sampling and analysis must be undertaken by a SANAS 17025:2017 testing

laboratory accredited facility with a proven track record of sampling and analysis of water

samples as indicated above.

c. Water quality sampling must be undertaken by a suitably qualified trained technician and

transported to the respective laboratory within 6 hours of sampling. Analysis should be

undertaken on the same day and may not exceed 8 hours from sample collection time.

Exceptions to the above will only be granted by the prior arrangement with the specific

section Head of the Ray Nkonyeni Municipality. This extension can be extended to a

maximum of 24 hours (by permission of respective section Head of the Ray Nkonyeni

Municipality provided that all the necessary precautions have been taken by the Laboratory

technician to ensure that the integrity of the water samples are not compromised in any way.

This time delay must be clearly recorded on the official report to the Ray Nkonyeni

Municipality.

Sea and Estuary/ Lagoon water samples will be collected and analyzed for the following

microbiological parameters: eColi/ Faecal Coliform Bacteria per 100ml of water tested

Enterococcus / Streptococcus Bacteria per 100ml of water tested.

d. Sea and Estuary/ Lagoon water samples will be collected and analyzed for temperature in

Degrees Celsius, accurately noting time of sample collection and environmental conditions

at the time of sampling. This information will be included in the report to the Ray Nkonyeni

Municipality.

e. Conditions which could affect the water quality during sampling must be carefully noted and

reported on the fortnightly results which are presented to the Ray Nkonyeni Municipality.

f. Fortnightly reports must be comprehensive tabling the results against the acceptable marine

quality guidelines as required by Blue Flag imperative water testing criteria.

g. The appointed service provider must have a close working relationship with the Department

of Environmental Affairs and Water Affairs and must register as an approved service provider

on the Departments Blue and Green Drop data base of accredited/ approved Laboratories

within 3 months after appointment is finalized.

i. The Bidder must confirm its willingness to make available at any time a member of the project

team in the event that the RNM would require additional or re-sampling of fortnightly samples

or for any other emergencies which may require immediate water sampling and analyses.

Additional requirements

j. The appointed service provider must provide all required instrumentation, sample bottles as

well as calibrated equipment required for accurate sampling.

k. The appointed Laboratory technician/ sampler responsible for the taking of samples will be

required to update the Blue Flag notice boards on all Blue Flag beaches on a fortnightly

basis.

l. The service provider must meet with the Ray Nkonyeni Municipality’s Head of section

responsible for Blue Flag beaches to establish the frequency of samples to be tested, and

agree on dates which samples must be taken irrespective if these dates may fall on public

holidays or adverse sea and weather conditions prevail.

m. The appointed service provider may in no way subcontract any of the processes and it will

remain the responsibility of the service provider to ensure that the entire process of analysing

the water samples is undertaken in a South African National Accreditation System (SANAS)

accredited Laboratory.

n. The Laboratory must participate in the National Laboratory Association (NLA) Proficiency

Testing Scheme for the required microbiological parameters at a minimum of 3 times per

year for eColi/ Enterococci Bacteria. The service provider must provide proof of the

Laboratories participation in the Proficiency Testing Scheme and the acceptable participation

criteria.

o. The Laboratory must make use the accredited method for the isolation and detection of the

required microbiological test organisms and prescribed to a recognised reference method.

p. The Laboratory must be able to undertake resampling should a repeat sample be required

within 24 hours in the event that any samples taken during the fortnightly sample run may

have failed the Blue Flag water quality criteria. Any resampling will only be undertaken on

written instruction from the Ray Nkonyeni Municipality’s Head of section responsible for Blue

Flag acceptance criteria.

q. Results/ reports of fortnightly water samples must reach the Ray Nkonyeni Municipality’s

Head of section within 96 hours of fortnightly water samples being taken.

r. The Laboratory must have a competent project team leader available at all times to assist

the Ray Nkonyeni Municipality’s Head of section if and when required to interpret relevant

results and advise on any possible discrepancies or other mitigating issues which may be

affecting the water quality on the specific beach or lagoon.

s. Relevant field experience of the Laboratories project team which will be responsible for

collecting and analysing the fortnightly water sampling of sea, estuary and lagoon water on

behalf the Ray Nkonyeni Municipality’s Blue Flag project must be provided with the tender

submission.

t. The laboratory must make itself available for unscheduled visits or audits pertaining to the

Ray Nkonyeni Municipality’s requirements and compliance related to the analysis and

reporting of water samples tested on behalf of the Ray Nkonyeni Municipality’s Blue Flag

program. The Laboratory must be in good standing with all legal requirements and not be

currently involved in any disputes with any authority.

u. The successful bidder must allow the RNM’s appointed officials access as and when required

to inspect the laboratory where the water samples will be tested.

v. Bidders must provide proof from Local Authorities which are currently partaking in the Blue

Flag program confirming that they have been appointed by the Local authority to collect and

analyze the required water quality samples on the authority’s behalf.

w. The Bidder must note that they will be required to avail themselves at any time, a member

of the project team in the event that the RNM would require additional or re-sampling of

fortnightly samples or for any other emergencies which may require immediate water

sampling and analyses.

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

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

Item quantity description bid price in RSA currency

NO. **(all applicable taxes incuded)

We hereby quote / tender for the following: THE APPOINTMENT OF A FULLY INDEPENDENT

Suitably registered laboratory to test sea water samples for a three (3)

Year period

• This quote/tender is valid for a period of 120 Days.
• .These prices quoted are non-firm
• Escalation will be made annually based on the average CPI of each completed year of the

tender awarded

Points where Monthly Cost for Cost for fortnightly

fortnightly water fortnightly water water samples for 36

sampling months sample will be

required:

Hibberdene Beach

and Lagoon,

Umzumbe Beach, R.............................. R.........................

Southport Beach,

Lucien Beach,

Ramsgate Beach and

Lagoon, Marina Beach

and Lagoon, Trafalgar

Beach, St Micheals

Beach and the

Lagoon, Margate

Beach and the

Lagoon, Port Edward

Beach and the

Lagoon, Umtentweni

Beach and Uvongo

Beach/Lagoon

VAT r---------------------- r----------------------

Total r---------------------- r----------------------

Rates only

Cost per sample for

additional water

sampling as and when

required not included in

fortnightly sample runs

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

VAT r----------------------

Total r -------------------

II. Point system for functionality will be as per table below:-

Key aspect points criteria verification method

Of criterion

Previous 10 Company with 3 years or Appointment letter/s with Bid

Experience more relevant experience in numbers and corresponding

Laboratory to Test Sea and purchase orders showing 3

lagoon Water Samples years or more

6 Company with 2 years and Appointment letter/s with Bid

more but less than 3 years numbers and corresponding

relevant experience in in purchase orders showing 2

Laboratory to Test Sea and years and more but less

lagoon Water Samples than 3 years

4 Company with 1 year and Appointment letter/s with Bid

more but less than 2 years numbers and corresponding

relevant experience in purchase orders showing 1

Laboratory to Test Sea and year or more but less than 2

lagoon Water Samples years’

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.

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:

SPECIFIC GOALS POINTS Verification Documents

an EME or QSE which 20 CIPC documents and sworn affidavits

is at least 100% owned

by black people;

an EME or QSE which 16 CIPC documents and sworn affidavits

is at least 51% - 99%

owned by black people;

an EME or QSE which 8 CIPC documents and sworn affidavits

is at 25% - 50% owned

by black people;

Total points 20

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

1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information inspection
6. Patent Rights
7. Performance security
8. Inspections, tests and analyses
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental Services
14. Spare parts

6.1. RNM /MBD 3.2. Pricing Schedule (non Firm Prices) 26-30

6.2. RNM /MBD 4. Declaration of Interest 31-33

6.3. RNM /MBD 5.1. Past experience(1) 34

6.4 RNM /MBD 6.1 Preference Points Claim Form In 35-39

Experience 10

Total 10

All queries to be directed to Mr Sbongiseni Langeni on 0820411117

Email: [email protected]

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

I. A maximum of 10 points will be awarded for a Company with 3 years or more relevant

experience

II. Point system for functionality will be as per table below:-

Laboratory to Test Sea and purchase orders showing 3

lagoon Water Samples years or more

6 Company with 2 years and Appointment letter/s with Bid

more but less than 3 years numbers and corresponding

relevant experience in in purchase orders showing 2

lagoon Water Samples than 3 years

4 Company with 1 year and Appointment letter/s with Bid

more but less than 2 years numbers and corresponding

relevant experience in purchase orders showing 1

Laboratory to Test Sea and year or more but less than 2

lagoon Water Samples years’

b) Financial Offer

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

Appointment letter/s with Bid

1.5. A bidder who is a joint venture has included mbd 4, 8 & 9 for each entity in the joint venture

2. Tax compliance requirements

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.

copy will result in disqualification.

NB!!!!! Please attach copies of the following documents.

• Company registration documents.
• Copy of a valid TAX Compliance Certificate

Or Tax Compliance Status PIN Sheet.

• Declarations (MBD 4, 6.1, 8 & 9).
• Joint Venture agreements (where applicable)

Points Allocation: 20 points

B-BBEE Details: .za or www.rnm.gov.za from Friday 10 July 2026

Bidders to submit one (01) copy of the bid document together with the original bid document,

bidders that fail to submit one copy will be disqualified. Fully completed Bid documents must be

submitted in a sealed envelope, clearly marked “8/2/RNM0650 Appointment of a Fully Independent

Suitably Registered Laboratory to Test Sea Water Samples for a three year period and must be

deposited in the Bid box at the Municipal offices at 10 Connor Street, Port Shepstone, no later than

12:00 on 11 August 2026 after which all Bids will be opened in public.

SPECIFIC GOALS POINTS Verification Documents

an EME or QSE which 20 CIPC documents and sworn affidavits

is at least 100% owned

by black people;

an EME or QSE which 16 CIPC documents and sworn affidavits

is at least 51% - 99%

owned by black people;

an EME or QSE which 8 CIPC documents and sworn affidavits

is at 25% - 50% owned

by black people;

Total points 20

Tenders will be evaluated on functionality and price All tender offers that fail to score the minimum

of 60% of points for will be rejected. The following criteria will be used for functionality evaluation:-

Criteria Possible Full Points

Experience 10

Total 10

All queries to be directed to Mr Sbongiseni Langeni on 0820411117

Email: [email protected]

Note to bidders on conditions of the bid:

• The Supply Chain Management Policy of Ray Nkonyeni Municipality will apply. The Council

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;

• Only service providers registered in the Central Supplier Database (CSD) will be considered,

attach proof of registration failure to attach will

deposited in the Bid box at the Municipal offices at 10 Connor Street, Port Shepstone, no later than

12:00 on 11 August 2026 after which all Bids will be opened in public.

Po box 5

PORT SHEPSTONE (10 Connor Street)

16. Payment
17. Prices
18. Variation orders
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Anti-dumping and countervailing duties and rights
25. Force Majeure
26. Termination for insolvency
27. Settlement of Disputes
28. Limitation of Liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. Transfer of contracts
34. Amendments of contracts
35. Prohibition of restrictive practices

General Conditions of Contract

1. Definitions 1.1 The following terms shall be interpreted as indicated:

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.

2. Application 2.1 These general conditions are applicable to all bids,

contracts and orders including bids for functional and professional

services (excluding professional services related to the building and

construction industry), sales, hiring, letting and the granting or

acquiring of rights, but excluding immovable property, unless

otherwise 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.

3. General 3.1 Unless otherwise indicated in the bidding documents, the

purchaser shall not be liable for any expense incurred in the

preparation and submission of a bid. Where applicable a

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.

4. Standards 4.1 The goods supplied shall conform to the standards

mentioned in the bidding documents and specifications.

5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,

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.

6. 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.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

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.

8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.

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.

9. 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 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.

10. Delivery and 10.1 Delivery of the goods and arrangements for shipping and

documents clearance obligations, shall be made by the supplier in accordance

with the terms specified in the contract.

11. Insurance 11.1 The goods supplied under the contract shall be fully

insured in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation, storage and

delivery in the manner specified.

12. Transportation12.1 Should a price other than an all-inclusive delivered price be

required, this shall be specified.

13. Incidental 13.1 The supplier may be required to provide any or all of the

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.

14. 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:

(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.

15. Warranty 15.1 The supplier warrants that the goods supplied under the

contract are new, unused, of the most recent or current models, and

that they incorporate all recent improvements in design and materials

unless provided otherwise in the contract. The supplier further

warrants that all goods supplied under this contract shall have no

defect, arising from design, materials, or workmanship (except when

the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may

develop under normal use of the supplied goods in the conditions

prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for

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

of loading in the source country, whichever period concludes earlier,

unless specified otherwise.

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.

16. Payment 16.1 The method and conditions of payment to be made to the

supplier under this contract shall be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made 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.

17. Prices 17.1 Prices charged by the supplier for goods delivered and

services performed under the contract shall not vary from the prices

quoted by the supplier in his bid, with the exception of any price

adjustments authorized or in the purchaser’s request for bid validity

extension, as the case may be.

18. Variation 18.1 In cases where the estimated value of the envisaged

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.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its

obligations to perform under the contract, except with the purchaser’s

prior written consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

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.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be

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.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver

any or all of the goods or to perform the services within the period(s)

specified in the contract, the purchaser shall, without prejudice to its

other remedies under the contract, deduct from the contract price, as

a penalty, a sum calculated on the delivered price of the delayed

goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or

performance. The purchaser may also consider termination of the

contract pursuant to GCC Clause 23.

23. Termination 23.1 The purchaser, without prejudice to any other remedy for

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.

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are required , or

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.

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

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.

26. Termination 26.1 The purchaser may at any time terminate the contract by giving

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.

27. Settlement 27.1 If any dispute or difference of any kind whatsoever arises

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.

28. Limitation of 28.1 Except in cases of criminal negligence or willful

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.

29. Governing 29.1 The contract shall be written in English. All correspondence and

language other documents pertaining to the contract that is exchanged by the

parties shall also be written in English.

30. Applicable 30.1 The contract shall be interpreted in accordance with South African

law laws, unless otherwise specified.

31. Notices 31.1 Every written acceptance of a bid shall be posted to the Supplier

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

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.

33. Transfer of 33.1 The contractor shall not abandon, transfer, cede assign or sublet a

contracts contract or part thereof without the written permission of the

purchaser.

34. Amendment 34.1 No agreement to amend or vary a contract or order or the conditions,

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.

35. Prohibition 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No.

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:

Procurement Regulations 2022

6.5 RNM/MBD 6: Declaration of bidder`s past supply chain 40-41

practices

6.6. RNM /MBD 9 Certificate of Independent Bid

Determination 42-44

1. Definitions 1.1 The following terms shall be interpreted as indicated:

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.

2. Application 2.1 These general conditions are applicable to all bids,

contracts and orders including bids for functional and professional

services (excluding professional services related to the building and

construction industry), sales, hiring, letting and the granting or

acquiring of rights, but excluding immovable property, unless

otherwise 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.

3. General 3.1 Unless otherwise indicated in the bidding documents, the

purchaser shall not be liable for any expense incurred in the

preparation and submission of a bid. Where applicable a

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.

4. Standards 4.1 The goods supplied shall conform to the standards

mentioned in the bidding documents and specifications.

5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,

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.

6. 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.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

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.

8. Inspections, 8.1 All pre-bidding testing will be for the account of the bidder.

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.

9. 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 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.

10. Delivery and 10.1 Delivery of the goods and arrangements for shipping and

documents clearance obligations, shall be made by the supplier in accordance

with the terms specified in the contract.

11. Insurance 11.1 The goods supplied under the contract shall be fully

insured in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation, storage and

delivery in the manner specified.

12. Transportation12.1 Should a price other than an all-inclusive delivered price be

required, this shall be specified.

13. Incidental 13.1 The supplier may be required to provide any or all of the

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.

14. 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:

(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.

15. Warranty 15.1 The supplier warrants that the goods supplied under the

contract are new, unused, of the most recent or current models, and

that they incorporate all recent improvements in design and materials

unless provided otherwise in the contract. The supplier further

warrants that all goods supplied under this contract shall have no

defect, arising from design, materials, or workmanship (except when

the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may

develop under normal use of the supplied goods in the conditions

prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for

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

of loading in the source country, whichever period concludes earlier,

unless specified otherwise.

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.

16. Payment 16.1 The method and conditions of payment to be made to the

supplier under this contract shall be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made 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

17. Prices 17.1 Prices charged by the supplier for goods delivered and

services performed under the contract shall not vary from the prices

quoted by the supplier in his bid, with the exception of any price

adjustments authorized or in the purchaser’s request for bid validity

extension, as the case may be.

18. Variation 18.1 In cases where the estimated value of the envisaged

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.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its

obligations to perform under the contract, except with the purchaser’s

prior written consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

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.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be

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.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver

any or all of the goods or to perform the services within the period(s)

specified in the contract, the purchaser shall, without prejudice to its

other remedies under the contract, deduct from the contract price, as

a penalty, a sum calculated on the delivered price of the delayed

goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or

performance. The purchaser may also consider termination of the

contract pursuant to GCC Clause 23.

23. Termination 23.1 The purchaser, without prejudice to any other remedy for

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.

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

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.

26. Termination 26.1 The purchaser may at any time terminate the contract by giving

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.

27. Settlement 27.1 If any dispute or difference of any kind whatsoever arises

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.

28. Limitation of 28.1 Except in cases of criminal negligence or willful

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.

29. Governing 29.1 The contract shall be written in English. All correspondence and

language other documents pertaining to the contract that is exchanged by the

parties shall also be written in English.

30. Applicable 30.1 The contract shall be interpreted in accordance with South African

law laws, unless otherwise specified.

31. Notices 31.1 Every written acceptance of a bid shall be posted to the Supplier

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

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.

33. Transfer of 33.1 The contractor shall not abandon, transfer, cede assign or sublet a

contracts contract or part thereof without the written permission of the

purchaser.

34. Amendment 34.1 No agreement to amend or vary a contract or order or the conditions,

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.

35. Prohibition 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No.

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

q. Results/ reports of fortnightly water samples must reach the Ray Nkonyeni Municipality’s

Head of section within 96 hours of fortnightly water samples being taken.

r. The Laboratory must have a competent project team leader available at all times to assist

the Ray Nkonyeni Municipality’s Head of section if and when required to interpret relevant

results and advise on any possible discrepancies or other mitigating issues which may be

affecting the water quality on the specific beach or lagoon.

s. Relevant field experience of the Laboratories project team which will be responsible for

collecting and analysing the fortnightly water sampling of sea, estuary and lagoon water on

behalf the Ray Nkonyeni Municipality’s Blue Flag project must be provided with the tender

submission.

t. The laboratory must make itself available for unscheduled visits or audits pertaining to the

Ray Nkonyeni Municipality’s requirements and compliance related to the analysis and

reporting of water samples tested on behalf of the Ray Nkonyeni Municipality’s Blue Flag

program. The Laboratory must be in good standing with all legal requirements and not be

currently involved in any disputes with any authority.

u. The successful bidder must allow the RNM’s appointed officials access as and when required

to inspect the laboratory where the water samples will be tested.

v. Bidders must provide proof from Local Authorities which are currently partaking in the Blue

The procedure for evaluation of responsive Bid Offers will be METHOD 4 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

I. A maximum of 10 points will be awarded for a Company with 3 years or more relevant