Appointment of a panel of environmental consultants – 3-Year tender in kwazulu-natal

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{"name":null,"email":null,"phone":null,"department":"Supply Chain Management","address":null}

Returnable Documents: 14. Please note, Bidders are to familiarise themselves with the conditions of payment as,

• Company Registration Document (CIPC) (The attached must match with the directors listed on, the CSD report),
• Valid Tax Compliance Status with Pin,
• Fully Completed: MBD 1, MBD 1- PART B, MBD 4 (Bidders must fully disclose on MBD 4, partial, disclosures will also lead to disqualification), MBD 8 AND MBD 9, Company/Director’s Lease Agreement OR Proof of Residence that corresponds with the, preferred address on CSD. If the Company/Director resides/operates from rural area. The, attached must correspond with the preferred address on the CSD. If the attached does not, correspond with preferred address on CSD, bidders may be DISQUALIFIED.,
• Proof of Registration on Central Supplier Database (MAAA number), Failure to submit the above documents will result in disqualification., DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

Returnable documents (Phase 1): Company Registration Document (CIPC) matching CSD directors; Valid Tax Compliance Status with PIN; Fully completed MBD 1, MBD 1 Part B, MBD 4, MBD 8, MBD 9; Company/Director's Statement of Municipal Rates (not older than 3 months) or Lease Agreement or Proof of Residence corresponding with CSD preferred address; Proof of CSD registration (MAAA number); Company Profile; Copy of Professional Indemnity Cover (minimum R4.0 million). Failure to submit results in disqualification.

Bids must be submitted on the official bidding documents (no alternative formats).

Failure to fully disclose interests on MBD 4 leads to disqualification.

Bidders must score at least 60 points in the functionality (quality/project management) evaluation to be recommended for appointment.

Bidders must be registered on the Central Supplier Database (CSD).

No bids submitted by telefax, telex, telegram, or email will be considered.

The municipality intends to appoint a panel of Environmental Consultants to undertake environmental

screening and assessment, environmental authorisation processes, environmental management

programmes, monitoring, compliance support and environmental close-out reporting for municipal

projects.

1.1 Important General Information

The purpose of this tender is to enable the municipality to create a three-year panel of suitably qualified

Environmental Consultants to support the planning, authorisation, implementation, monitoring and

environmental compliance of municipal projects, irrespective of the applicable funding source.

2. Services Provision

The closing date and time for submitting the Proposal Bid Documents will be as stated in the bid notice.

The Proposal Bid Documents shall be deposited in the bid box at the Endumeni Local Municipality Civic

Centre, 64 Victoria Street, Dundee, where they will be opened in public. Telegraphic, telephonic, telex,

email, facsimile and late tenders will not be accepted.

All queries are to be directed to the designated Environmental Management / Planning and Development

Services Unit on 034 212 2121 during normal working hours.

The Endumeni Local Municipality does not bind itself to accept the lowest or any of the bids and reserves

the right to accept the whole or any part of the bids. Endumeni Local Municipality also reserves the right

to reject any or all Bids submitted, and to withdraw its decision to proceed with this undertaking at any

time.

3. Bid Period

The Bids shall remain valid for 90 days from the final date for submission. The Validity Period may be

extended but must be mutually agreed to by the Municipality and Bidders. The Endumeni Local

Municipality shall notify the accepted Bidder, if any, of such acceptance by letter within the acceptance

period. The successful Bidder shall execute the formal contract within fourteen (14) days of the date of

the said acceptance letter.

4. Responsive Bid Criteria

The Bids will only be considered for acceptance (i.e. will only be regarded as responsive) if:

• Company Registration Document (CIPC) (The attached must match with the directors listed on

the CSD report)

• Valid Tax Compliance Status with Pin
• Fully Completed: MBD 1, MBD 1- PART B, MBD 4 (Bidders must fully disclose on MBD 4, partial

disclosures will also lead to disqualification), MBD 8 AND MBD 9

• Company/Director’s Statement of Municipal Rates not older than 3 Months OR

Company/Director’s Lease Agreement OR Proof of Residence that corresponds with the

preferred address on CSD. If the Company/Director resides/operates from rural area. The

attached must correspond with the preferred address on the CSD. If the attached does not

correspond with preferred address on CSD, bidders may be DISQUALIFIED.

• Proof of Registration on Central Supplier Database (MAAA number)
• Company Profile
• Copy of Professional Indemnity Cover. (Minimum R 4.0 million)

5. Bidder fully acquainted with all these requirements

Submission of a bid shall be deemed conclusive evidence that the bidder is fully acquainted with, and

accepts responsibility for, all requirements, restrictions, constraints and site conditions relating to the

delivery and management of the Environmental Consultancy Services.

6. Environmental consultant’s representation

The Environmental Consultant shall designate a representative in writing (letter of authority for signatory),

duly empowering that representative to bind the Environmental Consultant with regard to all matters

involving the submission of the bid.

7. Description of the Project Area

All assignments will relate to projects located within Endumeni Local Municipality. The appointed

Environmental Consultants shall confirm the environmental setting, sensitivities and applicable

authorisation requirements for each project site.

Environmental conditions may vary across urban, peri-urban, agricultural and natural landscapes. Each

assignment must therefore be informed by project-specific field verification and the most recent available

environmental information.

Environmental work must appropriately consider affected communities, cultural and heritage resources,

biodiversity, water resources, land uses and all applicable municipal, provincial and national

environmental requirements.

8. Scope of the Services

The summarised scope of Environmental Consultancy Services is as follows:

• Environmental screening and identification of applicable legal requirements

• Basic Assessments, Scoping and Environmental Impact Assessment processes

• Environmental authorisation, licence and permit applications, where required

• Preparation and updating of Environmental Management Programmes and environmental

• Public participation and stakeholder engagement for environmental processes

• Environmental monitoring, compliance inspections and environmental audits

• Environmental rehabilitation, close-out and compliance reporting

• Environmental skills transfer and training for relevant municipal officials

The appointed Environmental Consultant will be expected to transfer relevant environmental management

and compliance skills to designated municipal officials.

9. Occupational Health and Safety requirements

The Environmental Consultant shall comply with the Occupational Health and Safety Act, 1993 and all

applicable requirements when undertaking site visits, field investigations, monitoring and related services.

The Environmental Consultant accepts responsibility for the acts and omissions of its personnel and shall

indemnify the Employer against legal action arising from non-compliance in this regard.

10. Use of reasonable skill and care

The Environmental Consultant shall apply reasonable skill, care and due diligence in executing the duties

stipulated in this document.

Although the Environmental Consultant’s documents may be scrutinised by the Employer, this shall not

relieve the Environmental Consultant of professional responsibility for the proper and prompt execution of

the services. The Employer may have any documentation or conclusions independently verified. In the

event of malperformance, default or negligence, the Employer may claim compensation or damages and

set off such amounts against any payment due to the Environmental Consultant.

11. Reporting Requirements

The Environmental Consultant shall submit a monthly report indicating progress on each assignment

against the approved work plan and key performance indicators. Reports shall be submitted to the

Municipal Manager or the designated municipal project manager.

12. Evaluation System

Selection of Environmental Consultants will be undertaken in terms of the following evaluation system:

Evaluation will be based on Functionality and Returnable Documents

13. Bid Evaluation

Bids will be evaluated on the functionality as per the point’s allocation.

Minimum Points

Bidders will be required to score a minimum of 60 points in phase two. Should a bidder fail to score at

least 60 points for the second phase then they will not be recommended for appointment to the panel:

The scorecard is as follows:

Item Description Maximum

Points

1 Qualifications and Experience of Key Personnel

1. Lead Environmental Practitioner/ Project Manager

-Qualification in Environmental Management Sciences with less than 3 years

experience = 0

• Qualification in Environmental Management Sciences with 3-5 years

experience = 5

• Qualification in Environmental Management Sciences with 5-8 years

experience = 10

• Qualification in Environmental Management Sciences with 8 or more years

of experience =15

30 Bidder must attach CV’s and Certified copies of qualification and professional

registration with EAPASA as evidence

2. Professional Registration of Supporting Personnel

• 0 personnel with relevant professional registration = 0
• 1 personnel with relevant professional registration = 10
• 2 or more personnel with relevant professional registration =15

CV’s and Certified copies of qualification and professional registration with

EAPASA should be provided as evidence

2 relevant experience of the consulting firm

The bidder must demonstrate experience in providing environmental consulting

services comparable to those required by the Municipality:

Bidders will be allocated 5 points per appointment letter/order and reference

letter/completion certificate attached.

Evidence required for each completed project: Appointment letter/Order and

Completion certificate or client reference letter for completed projects; and Brief

description of services rendered.

The evidence should clearly indicate the client, project, scope of services and period of

appointments. No score will be allocated should the Appointment letter/ Order not

accompanied by letter of completion/ reference letter.

3 quality assurance and project management

The bidder must explain how environmental assignments will be managed and quality-

controlled.

• No adequate quality-control/project-management system demonstrated

=0 points

• Basic system = 10 points
• Good system with clear review, reporting and quality-control procedures

=20 points

• Comprehensive and well-defined quality-assurance and project-management

system =30 points 30

The bidder should demonstrate on the plan the following:

• Project planning;
• Allocation of responsibilities;
• Internal technical review;
• Quality control;
• Progress reporting;
• Document control;
• Client communication; and
• Management of statutory submission deadlines.

Bidders must score minimum of 60 points of the total points to qualify for

recommendation for appointment to the panel

14. Allocation of Work

• Should the panel be comprised of more than 20 suppliers, the panel will be divided into group of

10 per group. Should the panel be comprised of less than 20 suppliers, only one group will be

created. The CSD MAAA number will be used to allocate the panel.

• A Request for Quotation (RFQ) will be issued to suppliers within the group on a rotational basis if

more than 20 suppliers. Where a panel comprises less than 20 suppliers, the Request for

Quotation (RFQ) will be issued to all suppliers within the group.

• The specific goals applicable to the Request for Quotation (RFQ) will be indicated based on the

nature of the requirement and the Municipality's objectives at the time.

• Suppliers shall be given seven (7) days to submit their quotations in response to the Request for

Quotation (RFQ).

• The municipality may require suppliers within the panel to provide compliance documents

deemed necessary based on the nature of the requirement and the Municipality's objectives at

the time.

• Appointment will be made upon confirmation of compliance with all applicable legislation. For

example, the (80/20 preference point system)

Endumeni municipality

Invitation to bid mbd 1

You are hereby invited to bid for requirements of the (name of municipality/ municipal entity)

Bid number: B04/2026-27 closing date: 12 october 2026 closing time: 14h00

Appointment of a panel of environmental consultants for the period of three years

The successful bidder will be required to fill in and sign a written contract form (mbd7).

Bid response documents may be deposited in the bid box situated

At (street address

Endumeni municipality

Civic centre

64 victoria street

Dundee

3000

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TAX COMPLIANCE STATUS TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL VERIFICATION B-BBEE STATUS LEVELCERTIFICATE Yes Yes SWORN AFFIDAVIT[TICK APPLICABLE BOX]

No No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR

Preference points for b-bbee]

Yes No ARE YOU A FOREIGN BASED

ARE YOU THE ACCREDITED REPRESENTATIVE Yes No SUPPLIER FOR THE GOODSIN SOUTH AFRICA FOR THE GOODS /SERVICES /SERVICES /WORKS OFFERED? [IF YES, ANSWER PART

/Works offered? [If yes enclose proof] b:3 ]

Total number of items offered total bid price r

Signature of bidder

.................................... Date

Capacity under which this bid is signed

Bidding procedure enquiries may be directed to: technical information may be directed to:

Department SCM manager contact person mr s radebe

Contact person mr b molefe telephone number 0342122121

Telephone number 034-492 0542 facsimile number

FACSIMILE NUMBER E-MAIL ADDRESS [email protected]

E-MAIL ADDRESS [email protected]

Endumeni municipality

Invitation to bid mbd 1

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not

Be accepted for consideration.

1.2. All bids must be submitted on the official forms provided– (not to be re-typed) or

Online

1.3. This bid is subject to the preferential procurement policy framework act and the

Preferential procurement regulations, 2022, the general conditions of contract (gcc)

And, if applicable, any other special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin)

Issued by SARS to enable the organ of state to view the taxpayer’s profile and tax

Status.

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made

Via e-filing. In order to use this provision, taxpayers will need to register with SARS

As e-filers through the website www.SARS.GOV.ZA.

2.4 Foreign suppliers must complete the pre-award questionnaire in part b:3.

2.5 Bidders may also submit a printed tcs certificate together with the bid.

2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party

Must submit a separate tcs certificate / pin / csd number.

2.7 Where NO tcs is available but the bidder is registered on the central supplier

Database (csd), a csd number must be provided.

3. Questionnaire to bidding foreign suppliers

3.1. Is the entity a resident of the republic of south africa (RSA)? yes NO

3.2. Does the entity have a branch in the RSA? yes NO

3.3. Does the entity have a permanent establishment in the RSA? yes NO

3.4. Does the entity have any source of income in the RSA? yes NO

3.5. Is the entity liable in the RSA for any form of taxation? Yes NO

If the answer is “NO” to all of the above, then IT is not a requirement to register

For a tax compliance status system pin code from the south african revenue

Service (SARS) and if not register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

NO bids will be considered from persons in the service of the state.

Signature of bidder: ...................................................

Capacity under which this bid is signed: ................................................

Date: ...................................................

Mbd 4

Declaration of interest

1. No bid will be accepted from persons in the service of the state1.

2. Any person, having a kinship with persons in the service of the state, including a blood

relationship, may make an offer or offers in terms of this invitation to bid. In view of possible

allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons

connected with or related to persons in service of the state, it is required that the bidder or their

authorised representative declare their positioning relation to the evaluating/adjudicating authority.

3 In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

3.1 Full Name of bidder or his or her representative:....................................

3.2 Identity Number: .............................................................................

3.3 Position occupied in the Company (director, trustee, hareholder2):..............

3.4 Company Registration Number: ..........................................................

3.5 Tax Reference Number:.....................................................................

3.6 VAT Registration Number: ...............................................................

3.7 The names of all directors / trustees / shareholders members, their individual identity numbers

and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you or any Directors/trustees/shareholders/ members presently in the service of the

state? YES / NO

3.8.1 If yes, furnish particulars.................................................................

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

1MSCM Regulations: “in the service of the state” means to be –

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

(iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity;

(c) an official of any municipality or municipal entity;

(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within

the meaning of the Public Finance Management Act, 1999 (Act No.);

(e) a member of the accounting authority of any national or provincial public entity; or

(f) an employee of Parliament or a provincial legislature.

2 Shareholder” means a person who owns shares in the company and is actively involved in the management of the company

or business and exercises control over the company.

3.9 Have you been in the service of the state for the past twelve months? ....YES / NO

3.9.1 If yes, furnish particulars..................................................................

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

3.10 Do you have any relationship (family, friend, other) with persons

in the service of the state and who may be involved with the evaluation and or adjudication

of this bid?.............................. YES / NO

3.10.1 If yes, furnish particulars.

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

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

3.11 Are you, aware of any relationship (family, friend, other) between

any other bidder and any persons in the service of the state who may be involved with the

evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars

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

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

3.12 Are any of the company’s directors, trustees, managers,

Principle shareholders or stakeholders in service of the state? YES/NO

3.12.1 If yes, furnish particulars.

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

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

3.13 Are any spouse, child or parent of the company’s directors,

trustees, managers, principle shareholders or stakeholders

in service of the state? YES / NO

3.13.1 If yes, furnish particulars.

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

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

3.14 Do you or any of the directors, trustees, managers,

principle shareholders, or stakeholders of this company

have any interest in any other related companies or

business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars:

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

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

4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number Are you employed If YES, please

by National/ give details

Provincial/ Local

Government?

Yes/no

5. I duly confirm that the above information is correct until otherwise advised in writing AND the

company undertakes to immediately, in writing on same day of appointment, advise the

Municipality immediately if any of its directors/trustees/ members/shareholders assumes

appointment as an employee in national, provincial and/or local government AND the company will

deregister from the Municipality Supplier Database and cease forthwith from doing business with

the Municipality AND the company shall be subject to a penalty of forfeiting all payments for

services rendered or products delivered or installed if it fails to immediately disclose in writing the

employment of any of its directors/trustees/ members/shareholders in national, provincial and/or

local government.

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

Signature Date

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

Capacity Name of Bidder

Mbd 6.1

Endumeni municipality

Preference points claim form in terms of the preferential procurement

Regulations 2022

This preference form must form part of all tenders invited. It contains general information and serves as a

claim form for preference points for specific goals.

Nb: before completing this form, tenderers must study the general

Conditions, definitions and directives applicable in respect of the

Tender and preferential procurement regulations, 2022

1. General conditions

1.1 The following preference point systems are applicable to invitations to tender:

• the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable

taxes included); and

• the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable

taxes included).

1.2 To be completed by the organ of state

The 80/20 preference point system will be applicable in this tender. The lowest acceptable tender

will be used to determine the accurate system once tenders are received.

1.3 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.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

1.5 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.

1.6 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.

2. Definitions

(a) “tender” means a written offer in the form determined by an organ of state in response to an

invitation to provide goods or services through price quotations, competitive tendering process or

any other method envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and includes all

applicable taxes less all unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid

invitation, and includes all applicable taxes;

(d) “tender for income-generating contracts” means a written offer in the form determined by an

organ of state in response to an invitation for the origination of income-generating contracts

through any method envisaged in legislation that will result in a legal agreement between the

organ of state and a third party that produces revenue for the organ of state, and includes, but is

not limited to, leasing and disposal of assets and concession contracts, excluding direct sales

and disposal of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

3. Formulae for procurement of goods and services

3.1. Points awarded for price

3.1.1 The 80/20 or 90/10 preference point systems

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

or

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. Formulae for disposal or leasing of state assets and income

Generating procurement

3.2.1. Points awarded for price

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

or

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

4. Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,

preference points must be awarded for specific goals stated in the tender. For the purposes of

this tender the tenderer will be allocated points based on the goals stated in table 1 below as

may be supported by proof/ documentation stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states

that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of state

must, in the tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10

preference point system will apply and that the highest acceptable tender will be used

to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system

will apply and that the lowest acceptable tender will be used to determine the

applicable preference point system,

then the organ of state must indicate the points allocated for specific goals for both the 90/10 and

80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable,

corresponding points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each preference point

system.)

Number of points

claimed (80/20 system)

Number of points

(To be completed by the

allocated tenderer)

The specific goals allocated points in terms of this (80/20 system)

tender

(To be completed

by the organ of

state)

NB: Bids will be adjudicated in terms of returnable documents and functionality only. The

Preferential Procurement Regulations, 2022 pertaining to Preferential Procurement Policy

Framework Act, 5/2000 and other applicable legislations will be applicable once the panel is

established

Declaration with regard to company/firm

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that

the points claimed, based on the specific goals as advised in the tender, qualifies the

company/ firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated

in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to

the satisfaction of the organ of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the

conditions of contract have not been fulfilled, the organ of state may, in addition to any

other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result

of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a

result of having to make less favourable arrangements due to such

cancellation;

(d) recommend that the tenderer or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted from obtaining business from any organ

of state for a period not exceeding 10 years, after the audi alteram

partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer

Surname and name: ................................................

Date: ................................................

Address: ................................................

Mbd 8

Declaration of bidder’s past supply chain management practices

1 This Municipal Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when

goods and services are being procured, all reasonable steps are taken to combat the abuse of the

supply chain management system.

3 The bid of any bidder may be rejected if that bidder, or any of its directors have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed

any improper conduct in relation to such system;

b. been convicted for fraud or corruption during the past five years;

c. willfully neglected, reneged on or failed to comply with any government, municipal or other public

sector contract during the past five years; or

d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and

Combating of Corrupt Activities Act (No ).

4 In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Yes No

Restricted Suppliers as companies or persons prohibited from doing business with the

public sector?

(Companies or persons who are listed on this Database were informed in writing of this

restriction by the Accounting Officer/Authority of the institution that imposed the

restriction after the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s

website(www.treasury.gov.za) and can be accessed by clicking on its link at the

bottom of the home page.

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms Yes No

of section 29 of the Prevention and Combating of Corrupt Activities Act (No )?

The Register for Tender Defaulters can be accessed on the National Treasury’s

website (www.treasury.gov.za) by clicking on its link at the bottom of the home

page.

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law Yes No

outside the Republic of South Africa) for fraud or corruption during the past five years?

4.3.1 If so, furnish particulars:

Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal Yes No

charges to the municipality / municipal entity, or to any other municipality / municipal

entity, that is in arrears for more than three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality / municipal entity or any other Yes No

organ of state terminated during the past five years on account of failure to perform on or

comply with the contract?

4.7.1 If so, furnish particulars:

Certification

I, the undersigned (full name) .......................................................

Certify that the information furnished on this declaration form true and correct.

I accept that, in addition to cancellation of a contract, action may be taken against

Me should this declaration prove to be false.

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

Signature Date

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

Position Name of Bidder

18.1 In cases where the estimated value of the envisaged 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.

against the approved work plan and key performance indicators. Reports shall be submitted to the

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

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.

• Project planning;
• Allocation of responsibilities;
• Internal technical review;
• Quality control;
• Progress reporting;
• Document control;
• Client communication; and
• Management of statutory submission deadlines.

Bidders must score minimum of 60 points of the total points to qualify for

recommendation for appointment to the panel

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

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal Yes No

charges to the municipality / municipal entity, or to any other municipality / municipal

entity, that is in arrears for more than three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality / municipal entity or any other Yes No

organ of state terminated during the past five years on account of failure to perform on or

comply with the contract?

4.7.1 If so, furnish particulars:

successful bidder will be published on the municipal website.

LIST OF RETURNABLE DOCUMENTS (Phase 1)

• Company Registration Document (CIPC) (The attached must match with the directors listed on

the CSD report)

• Valid Tax Compliance Status with Pin
• Fully Completed: MBD 1, MBD 1- PART B, MBD 4 (Bidders must fully disclose on MBD 4, partial

disclosures will also lead to disqualification), MBD 8 AND MBD 9

• Company/Director’s Statement of Municipal Rates not older than 3 Months OR

Company/Director’s Lease Agreement OR Proof of Residence that corresponds with the

preferred address on CSD. If the Company/Director resides/operates from rural area. The

attached must correspond with the preferred address on the CSD. If the attached does not

correspond with preferred address on CSD, bidders may be DISQUALIFIED.

• Proof of Registration on Central Supplier Database (MAAA number)
• Company Profile
• Copy of Professional Indemnity Cover (Minimum R 4.0 million)

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 newsmedia and on the municipal

website.

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

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

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

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

person shall be made in confidence and shall extend only 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.

24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing

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

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.

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.

The Environmental Consultant shall comply with the Occupational Health and Safety Act, 1993 and all

applicable requirements when undertaking site visits, field investigations, monitoring and related services.

(To be completed by the

allocated tenderer)

The specific goals allocated points in terms of this (80/20 system)

tender

(To be completed

by the organ of

state)

NB: Bids will be adjudicated in terms of returnable documents and functionality only. The

Preferential Procurement Regulations, 2022 pertaining to Preferential Procurement Policy

Framework Act, 5/2000 and other applicable legislations will be applicable once the panel is

established

screening and assessment, environmental authorisation processes, environmental management

programmes, monitoring, compliance support and environmental close-out reporting for municipal

projects.

1.1 Important General Information

environmental compliance of municipal projects, irrespective of the applicable funding source.

accepts responsibility for, all requirements, restrictions, constraints and site conditions relating to the

delivery and management of the Environmental Consultancy Services.

6. Environmental consultant’s representation

The Environmental Consultant shall designate a representative in writing (letter of authority for signatory),

duly empowering that representative to bind the Environmental Consultant with regard to all matters

involving the submission of the bid.

assignment must therefore be informed by project-specific field verification and the most recent available

environmental information.

biodiversity, water resources, land uses and all applicable municipal, provincial and national

environmental requirements.

• Environmental screening and identification of applicable legal requirements
• Basic Assessments, Scoping and Environmental Impact Assessment processes
• Environmental authorisation, licence and permit applications, where required
• Preparation and updating of Environmental Management Programmes and environmental

specifications

• Public participation and stakeholder engagement for environmental processes

• Environmental monitoring, compliance inspections and environmental audits

• Environmental rehabilitation, close-out and compliance reporting

• Environmental skills transfer and training for relevant municipal officials

stipulated in this document.

Although the Environmental Consultant’s documents may be scrutinised by the Employer, this shall not

relieve the Environmental Consultant of professional responsibility for the proper and prompt execution of

the services. The Employer may have any documentation or conclusions independently verified. In the

event of malperformance, default or negligence, the Employer may claim compensation or damages and

set off such amounts against any payment due to the Environmental Consultant.

-Qualification in Environmental Management Sciences with less than 3 years

experience = 0

• Qualification in Environmental Management Sciences with 3-5 years

experience = 5

• Qualification in Environmental Management Sciences with 5-8 years

experience = 10

• Qualification in Environmental Management Sciences with 8 or more years

of experience =15

30 Bidder must attach CV’s and Certified copies of qualification and professional

registration with EAPASA as evidence

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. Prohibitions of restrictive practices

36. Definitions

37. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of

bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as

recorded in the contract form signed by the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper

performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its

government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from

which the services are supplied. Goods are produced when, through manufacturing, processing

or substantial and major assembly of components, a commercially recognized new product

results that is substantially different in basic characteristics or in purpose or utility from its

components.

1.7 “Day” means calendar day.

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

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

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

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

the supplier bearing all risks and charges involved until the goods are so delivered and a valid

receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA

at lower prices than that of the country of origin and which have the potential to harm the local

industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the

supplier’s fault or negligence and not foreseeable. 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.

1.13 “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.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16 “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.

1.17 “Local content” means that portion of the bidding price, which is not included in the imported

content provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials, components

and machinery and includes other related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of

a service.

1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “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.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer

the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract.

1.27 “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.

1.28.1 “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 newsmedia and on the municipal

website.

4. Standards

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

specifications.

5. Use of contract documents and information inspection

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

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

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

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

person shall be made in confidence and shall extend only 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, the intellectual, copy

and patent rights or ownership of such documents or projects will vest in the municipality.

7. Performance security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall

furnish to the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for

any loss resulting from the supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a freely

convertible currency acceptable to the purchaser and shall be in one of the following forms:

(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, tests and analyses

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

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

and weights shall take into consideration, where appropriate, the remoteness of the goods’ final

destination and the absence of heavy handling facilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the packages shall comply strictly

with such special requirements as shall be expressly provided for in the contract, including

additional requirements, if any, and in any subsequent instructions ordered by the purchaser.

10. Delivery and documents

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

12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified.

13. Incidental Services

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

15.1 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.

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 orders

18.1 In cases where the estimated value of the envisaged 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 subcontracts 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 supplier’s performance

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

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

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

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

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

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

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

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

by amendment of contract.

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

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

the place where the 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 for default

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

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

(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:

(i) the name and address of the supplier and / or person

restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

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

prohibited from doing business with the public sector.

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

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

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

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

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

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

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

Register can be perused on the National Treasury website

24. Antidumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing

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

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 Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the 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 for insolvency

26.1 The purchaser may at any time terminate the contract by giving 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 of Disputes

27.1 If any dispute or difference of any kind whatsoever arises 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 Liability

28.1 Except in cases of criminal negligence or willful 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 language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to

the contract that is exchanged by the parties shall also be written in English.

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African 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 duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp 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 contracts

33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof

without the written permission of the purchaser

34. Amendment of contracts

34.1.1 No agreement to amend or vary a contract or order or the conditions, 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 of restrictive practices

35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an

agreement between, or concerted practice by, firms, 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.

Specifications and requirements

For appointment of a panel of

Environmental consultants for

The period of three years

2. General conditions of contract - -13

3. Specification of goods or services required - -19

4. MBD 1 - Invitation to bid - -21

5. MBD 4 - Declaration of interest - -24

6. MBD 6.1 - Preference points claim form - -32

7. MBD 8 – Declaration of bidder’s past Supply Chain

Management Practices - -30

8. MBD 9 – Certificate of independent bid determination - -34

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of

bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as

recorded in the contract form signed by the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper

performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its

government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from

which the services are supplied. Goods are produced when, through manufacturing, processing

or substantial and major assembly of components, a commercially recognized new product

results that is substantially different in basic characteristics or in purpose or utility from its

components.

1.7 “Day” means calendar day.

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

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

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

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

the supplier bearing all risks and charges involved until the goods are so delivered and a valid

receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA

at lower prices than that of the country of origin and which have the potential to harm the local

industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the

supplier’s fault or negligence and not foreseeable. 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.

1.13 “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.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16 “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.

1.17 “Local content” means that portion of the bidding price, which is not included in the imported

content provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials, components

and machinery and includes other related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of

a service.

1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “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.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer

the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract.

1.27 “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.

1.28.1 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing.

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, the intellectual, copy

and patent rights or ownership of such documents or projects will vest in the municipality.

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall

furnish to the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for

any loss resulting from the supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a freely

convertible currency acceptable to the purchaser and shall be in one of the following forms:

(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.

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

14.1 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.

20.1 The supplier shall notify the purchaser in writing of all subcontracts 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 supplier’s performance

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

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

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

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

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

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

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

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

by amendment of contract.

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

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

the place where the 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.

22.1 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.

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

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

(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:

(i) the name and address of the supplier and / or person

restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) 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

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

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

27.1 If any dispute or difference of any kind whatsoever arises 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

28.1 Except in cases of criminal negligence or willful 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.

indemnify the Employer against legal action arising from non-compliance in this regard.

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that

the points claimed, based on the specific goals as advised in the tender, qualifies the

company/ firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated

in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to

the satisfaction of the organ of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the

conditions of contract have not been fulfilled, the organ of state may, in addition to any

other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result

of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a

result of having to make less favourable arrangements due to such

cancellation;

(d) recommend that the tenderer or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted from obtaining business from any organ

of state for a period not exceeding 10 years, after the audi alteram

partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer

Surname and name: ................................................

Date: ................................................

Address: ................................................

Mbd 8

Declaration of bidder’s past supply chain management practices

Bids must be placed in the tender box at the Civic Centre, 64 Victoria Street, Dundee, by 14:00 on 12 October 2026. Bids must remain valid for 90 days from closing date. Acceptance is subject to approval of the Bid Adjudication Committee. Bidders must initial every page. The point allocation for adjudication is provided on MBD 6.1. Bids must be submitted on the attached bidding documents. No bids by telefax, telex, telegram or email will be considered. All prices must be in South African currency. Bidders must familiarise themselves with payment conditions in GCC clause 16.3. Successful bidder will be published on municipal website.

12. Evaluation System

Selection of Environmental Consultants will be undertaken in terms of the following evaluation system

Evaluation will be based on Functionality and Returnable Documents

13. Bid Evaluation

Bids will be evaluated on the functionality as per the point’s allocation.

Minimum Points

Bidders will be required to score a minimum of 60 points in phase two. Should a bidder fail to score at

least 60 points for the second phase then they will not be recommended for appointment to the panel

The scorecard is as follows

Bidders will be allocated 5 points per appointment letter/order and reference

appointments. No score will be allocated should the Appointment letter/ Order not

3 quality assurance and project management

example, the (80/20 preference point system)

Preference points for b-bbee]

claim form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable

the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable

The 80/20 preference point system will be applicable in this tender. The lowest acceptable tender

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

to claim points for specific goals with the tender, will be interpreted to mean that preference