Three-year specialized traffic surveying services for gauteng provincial roads – open tender

Disqualification risks and submission guidance:

• Collusive bidding or bid rigging is prohibited under the Competition Act. Evidence of such practices may lead to investigation by the Competition Commission and penalties.
• Bidders found guilty of collusive practices may have their bids invalidated, contracts terminated, and may be restricted from public sector business for up to 10 years.
• Bidders have 14 days to respond to a proposed restriction; failure to respond may result in the restriction being imposed.
• Suppliers must ensure all submitted information is accurate and not misleading to avoid fraudulent practice allegations.
• Bids must be submitted in writing (handwritten, electronic, or mechanical) as per GCC definitions.

Evaluation criteria and thresholds:

• Mandatory requirements:
• Must be a legally registered entity (local or foreign) with valid documentation.
• Must possess a valid tax clearance certificate from SARS (no outstanding tax liabilities).
• Must not be listed on the Register for Tender Defaulters or blacklisted by National Treasury.
• Must demonstrate technical and financial capacity to perform specialized traffic surveying for 3 years.
• Preferential considerations:
• Preference may be given to bidders with local content (goods/services sourced or manufactured in South Africa).
• Compliance with the National Industrial Participation Programme (NIPP) may enhance eligibility, if applicable.
• Prior experience in traffic surveying for government projects in Gauteng or similar contexts may be advantageous.
• Exclusions:
• Bidders involved in corrupt, fraudulent, or collusive practices are ineligible.
• Entities with unresolved disputes or poor performance history with the public sector may be excluded.
• Insolvent or bankrupt suppliers at the time of bidding are disqualified.

Scope and deliverables:

• The service provider must perform specialized traffic surveying on provincial roads in Gauteng for a 3-year period.
• Goods and services must conform to standards specified in the bidding documents and contract specifications.
• Supplies or services may be inspected at any stage (during production, execution, or post-delivery). Non-compliant items may be rejected, and the supplier must cover inspection costs and replace/repair at their own expense.
• Suppliers must permit the purchaser to inspect records and audit performance-related documentation.
• Pre-bidding testing costs are the bidder’s responsibility.

Quality standards and compliance:

• Goods and services must conform to the standards specified in the bidding documents and contract specifications.
• Inspections and tests: Supplies/services may be inspected at any stage (during production, execution, or post-delivery). Non-compliant items may be rejected, and the supplier must cover inspection costs and replace/repair at their own expense.
• Pre-bidding testing costs are the bidder’s responsibility.
• Suppliers must permit the purchaser to inspect records and audit performance-related documentation.
• Packing: Goods must be packed to prevent damage or deterioration during transit, including protection against rough handling, extreme temperatures, and precipitation. Packing must comply with SCC requirements.
• Delivery: Must comply with the terms specified in the contract. Shipping and other documents to be furnished by the supplier are specified in SCC.

Payment and pricing terms:

• Prices charged must not vary from those quoted in the bid, except for adjustments authorized in Special Conditions of Contract (SCC) or bid validity extensions.
• Payment will be made in South African Rand unless otherwise stipulated in SCC.
• Payments will be made within 30 days of invoice submission, provided all contractual obligations are fulfilled.
• Suppliers must submit an invoice accompanied by a copy of the delivery note upon fulfillment of obligations.
• Performance security (e.g., bank guarantee, irrevocable letter of credit, or cashier’s cheque) may be required within 30 days of contract award, as specified in SCC. The security will be discharged within 30 days of contract completion, including warranty obligations.
• Penalties for late delivery or performance may apply, calculated using the current prime interest rate for each day of delay.

Mandatory compliance:

• Tax clearance: An original tax clearance certificate issued by SARS must be submitted prior to contract award. No contract will be awarded to bidders with unresolved tax matters.
• Local content: Bidders must specify the portion of the bidding price representing locally manufactured content in South Africa.
• Imported content: Bidders must disclose the portion of the bidding price representing imported components, including all associated costs (freight, duties, landing costs, etc.).
• National Industrial Participation Programme (NIPP): Applicable to contracts subject to NIPP obligations, as administered by the Department of Trade and Industry.
• B-BBEE: Compliance with Broad-Based Black Economic Empowerment requirements is implied for South African tenders, though not explicitly detailed in the document.
• Corruption and fraud: Bidders must not engage in corrupt or fraudulent practices, including collusive bidding, as defined in the GCC. Violations may result in contract termination and public sector restrictions.

B-BBEE and local content requirements:

• National Industrial Participation Programme (NIPP): Applicable to contracts subject to NIPP obligations, as administered by the Department of Trade and Industry.
• Local content: Bidders must specify the portion of the bidding price representing locally manufactured content in South Africa.
• Imported content: Bidders must disclose the portion of the bidding price representing imported components, including all associated costs (freight, duties, etc.).

Contract terms and conditions:

• The General Conditions of Contract (GCC) form part of all bid documents and cannot be amended. Special Conditions of Contract (SCC) may override GCC provisions for specific bids.
• Contract duration: 3 years for the traffic surveying service.
• Performance security: Required within 30 days of contract award (form and amount specified in SCC). Discharged within 30 days of contract completion, including warranty obligations.
• Delays in performance: Suppliers must notify the purchaser in writing of any delays, their likely duration, and causes. The purchaser may grant extensions with or without penalties. Delays may result in penalties (calculated using the prime interest rate) or contract termination unless due to force majeure.
• Termination for default: The purchaser may terminate the contract if the supplier fails to deliver goods/services, breaches obligations, or engages in corrupt/fraudulent practices. Termination may include restrictions from public sector business for up to 10 years.
• Termination for insolvency: The purchaser may terminate the contract if the supplier becomes bankrupt or insolvent.
• Force majeure: Suppliers are not liable for delays or failures caused by events beyond their control (e.g., wars, floods, epidemics). Suppliers must notify the purchaser and continue performance as far as practical.
• Penalties: Late delivery or performance may incur daily penalties calculated on the prime interest rate. The purchaser may also purchase substitute goods at the supplier’s expense.
• Warranty: Goods must be new, unused, and free from defects for 12 months after delivery or 18 months after shipment, whichever is earlier. Suppliers must repair or replace defective goods at their own cost.
• Payment: Made in Rand within 30 days of invoice submission, provided all obligations are fulfilled. Method and conditions are specified in SCC.
• Assignment and subcontracts: Suppliers may not assign obligations without purchaser consent. Subcontracts must be notified in writing but do not relieve the supplier of liability.
• Dispute resolution: Parties must attempt amicable resolution via mutual consultation. If unresolved after 30 days, mediation or South African court proceedings may follow.
• Limitation of liability: Supplier liability is capped at the contract price, except for criminal negligence, willful misconduct, or patent infringement.
• Governing law: Contracts are interpreted under South African law and must be written in English.

Special conditions:

• Prohibition of restrictive practices: Collusive bidding or bid rigging is prohibited under the Competition Act. Bidders involved in such practices may face bid invalidation, contract termination, public sector restrictions (up to 10 years), and damages claims.
• The purchaser may refer suspected collusive practices to the Competition Commission for investigation and penalties.
• Bidders found guilty by the Competition Commission may be restricted from public sector business for up to 10 years.
• Corrupt or fraudulent practices: Misrepresentation of facts to influence procurement or contract execution is prohibited. This includes collusive practices among bidders to establish non-competitive bid prices.
• Register for Tender Defaulters: Bidders convicted of offenses under the Prevention and Combating of Corrupt Activities Act may be prohibited from public sector business for 5–10 years, as determined by National Treasury.