Tender bsm 113/26: hygiene services for stellenbosch municipality for a period ending 30 june 2029

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Returnable Documents: PLEASE ENSURE THAT THE FOLLOWING FORMS HAVE BEEN DULY COMPLETED AND SIGNED AND THAT ALL DOCUMENTS AS REQUESTED, ARE ATTACHED TO THE TENDER DOCUMENT: Authority to Sign a Bid - Is the form duly completed and is a certified copy of the resolution Yes No attached? MBD 4 (Declaration of Interest) - Is the form duly completed and signed? Yes No MBD 6.1 (Preference Points claim form for purchases/services) - Is the form duly completed and signed? Is a copy of the B-BBEE Certificate issued by a Verification Agency accredited by SANAS or the original Sworn Affidavit attached? Yes No (NB! BBBEE CERTIFICATES CAN BE VERIFIED WITH THE VERIFICATION AGENCY BUT A SWORN AFFIDAVIT MUST BE AN ORIGINAL AND NOT A COPY TO BE ELIGIBLE FOR BBBEE POINTS) MBD 8 (Declaration of Past Supply Chain Practices) - Is the form duly completed and signed? Yes No MBD 9 (Certificate of Independent Bid Determination) - Is the form duly completed and signed? Yes No MBD 10 (Certificate of Payment of Municipal Accounts) - Is the form duly completed and signed? Are the Identity numbers, residential addresses and municipal account numbers of ALL members, partners, directors, etc. provided on the form as requested? (NB! MUNICIPAL ACCOUNTS WILL BE VERIFIED AND USED AS BASIS FOR PREFERENCE Yes No POINTS SCORING IN TERMS OF THE STELLENBOSCH PREFERENTIAL PROCUREMENT POLICY. THE BUSINESS ADDRESS, LEASE AGREEMENT OR SWORN AFFADAVIT WILL BE THE BASIS FOR AWARDING POINTS FOR LOCALITY) N/A OHSA (Occupational Health and Safety) - Is the form duly completed and signed? Yes No Is a valid Letter of Good Standing from the Compensation Commissioner attached? Form of Indemnity - Is the form duly completed and signed? Yes No Pricing Schedule - Is the form duly completed and signed? Yes No Declaration by Tenderer - Is the form duly completed and signed? Yes No Reference No: B/SM 113/26 of 79 Authority to Sign a Bid, AUTHORITY TO SIGN A BID, SOLE PROPRIETOR (SINGLE OWNER BUSINESS) AND NATURAL PERSON 1.1. I, , the undersigned, hereby confirm that I am the sole owner of the business trading as . OR 1.2. I, , the undersigned, hereby confirm that I am submitting this tender in my capacity as natural person. SIGNATURE: DATE: PRINT NAME: WITNESS 1: WITNESS 2: OR, COMPANIES AND/OR CLOSE CORPORATIONS 2.1. If a Bidder is a COMPANY, a certified copy of the resolution by the board of directors, duly signed, authorising the person who signs this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the company must be submitted with this bid, that is, before the closing time and date of the bid 2.2. In the case of a CLOSE CORPORATION (CC) submitting a bid, a resolution by its members, authorizing a member or other official of the corporation to sign the documents on their behalf, shall be included with the bid. PARTICULARS OF RESOLUTION BY BOARD OF DIRECTORS OF THE COMPANY/MEMBERS OF THE CC Date Resolution was taken Resolution signed by (name and surname) Capacity Name and surname of delegated Authorised Signatory Capacity Specimen Signature Full name and surname of ALL Director(s) / Member (s), 10. Is a COPY of the resolution attached? YES NO SIGNED ON BEHALF OF DATE: COMPANY / CC: PRINT NAME: WITNESS 1: WITNESS 2: Reference No: B/SM 113/26 of 79 Authority to Sign a Bid OR, PARTNERSHIP We, the undersigned partners in the business trading as hereby authorize Mr/Ms to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and /or contract for and on behalf of the abovementioned partnership. The following particulars in respect of every partner must be furnished and signed by every partner: Full name of partner Signature SIGNED ON BEHALF OF DATE: PARTNERSHIP: PRINT NAME: WITNESS 1: WITNESS 2: OR, CONSORTIUM We, the undersigned consortium partners, hereby authorize (Name of entity) to act as lead consortium partner and further authorize Mr./Ms. To sign this offer as well as any contract resulting from this tender and any other documents and correspondence in connection with this tender and / or contract for and on behalf of the consortium. The following particulars in respect of each consortium member must be provided and signed by each member: % Full Name of Consortium Member Role of Consortium Member Signature Participation SIGNED ON BEHALF OF DATE: PARTNERSHIP: PRINT NAME: WITNESS 1: WITNESS 2: Reference No: B/SM 113/26 of 79 GCC, GENERAL CONDITIONS OF CONTRACT – GOVERNMENT PROCUREMENT, DEFINITIONS The following terms shall be interpreted as indicated: 1.1. “Closing time” means the date and hour specified in the bidding documents for the receipt of bids. 1.2. “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.3. “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. 1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution. 1.5. "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally 1.6. “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. 1.7. “Day” means calendar day. 1.8. “Delivery” means delivery in compliance of the conditions of the contract or order. 1.9. “Delivery ex stock” means immediate delivery directly from stock actually on hand 1.10. “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained. 1.11. "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12. ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. 1.13. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.14. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition. 1.15. “GCC” means the General Conditions of Contract. 1.16. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. 1.17. “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured. 1.18. “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. Reference No: B/SM 113/26 of 79 GCC 1.19. “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. 1.20. “Order” means an official written order issued for the supply of goods or works or the rendering of a service. 1.21. “Project site” where applicable, means the place indicated in bidding documents. 1.22. “Purchaser” means the organization purchasing the goods. 1.23. “Republic” means the Republic of South Africa. 1.24. “SCC” means the Special Conditions of Contract. 1.25. “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.26. “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. 1.27. “Tort” means in breach of contract. 1.28. “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.29. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing., Application 2.1. These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2. Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. 2.3. Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply., General 3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged. 3.2. Invitations to bid are usually published in locally distributed news media and on the municipality / municipal entity website., Standards 4.1. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications., Use of contract documents and information; inspection. 5.1. The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. 5.2. The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 5.3. Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser. Reference No: B/SM 113/26 of 79 GCC 5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser., Patent rights 6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 6.2. When a supplier developed documentation / projects for the municipality / municipal entity, the intellectual, copy and patent rights or ownership of such documents or projects will vest in the municipality / municipal entity., Performance security 7.1. Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC. 7.2. The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract. 7.3. The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: 7.3.1. bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or 7.3.2. a cashier’s or certified cheque 7.4. The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified., Inspections, tests and analyses 8.1. All pre-bidding testing will be for the account of the bidder. If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on completion be subject to inspections tests and analysis, the bidder or contractor’s premises shall be open, at all reasonable hours, for inspection by a representative of the purchaser or an organization acting on behalf of the purchaser. 8.2. If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned. 8.3. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser. 8.4. Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether such goods or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier. 8.5. Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected. Reference No: B/SM 113/26 of 79 GCC 8.6. Any contract goods may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected goods shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with goods which do comply with the requirements of the contract. Failing such removal the rejected goods shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such goods as may be necessary at the expense of the supplier. 8.7. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 22 of GCC., Packing 9.1. The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit. 9.2. The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, and in any subsequent instructions ordered by the purchaser., Delivery Delivery of the goods shall be made by the supplier in accordance with the documents and terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified., Insurance The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified., Transportation Should a price other than an all-inclusive delivered price be required, this shall be specified., Incidental 13.1. The supplier may be required to provide any or all of the following services, including additional services, if any: 13.1.1. performance or supervision of on-site assembly and/or commissioning of the supplied goods; 13.1.2. furnishing of tools required for assembly and/or maintenance of the supplied goods; 13.1.3. furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; 13.1.4. performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and 13.1.5. training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods. 13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services. Reference No: B/SM 113/26 of 79 GCC, Spare parts 14.1. As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier: 14.1.1. such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and; 14.1.2. in the event of termination of production of the spare parts: 14.1.2.1. advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and 14.1.2.2. following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.

Hygiene services for stellenbosch municipality for a period ending 30 june 2029

Is a valid Letter of Good Standing from the Compensation Commissioner attached?

Form of Indemnity - Is the form duly completed and signed? Yes No

Pricing Schedule - Is the form duly completed and signed? Yes No

Declaration by Tenderer - Is the form duly completed and signed? Yes No

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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.

Reference No: B/SM 113/26 of 79

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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.

submission of this tender or at the date of its award, is indebted to the Municipality in respect of any

rental, levies, rates and/or service charges; ALTERNATIVELY;

6.1 That an agreement be signed whereby the Tenderer agrees that a percentage or fixed amount at

the discretion of the Municipality, be deducted from payments due to him for this tender, until the

debt is paid in full.

6.2 The tenderer shall declare all the Municipal account numbers in the Stellenbosch Area for which

the enterprise or the proprietors or directors in their personal capacity is/ are responsible or co-

responsible.

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Tax compliance

Tax compliance requirements

Tax compliance status (tcs) certificate or pin may also be made via e-filing

Tax compliance status

TCS PIN: OR CSD No

Csd number

Csd number must be provided

CSD Registration can be provided by

Central supplier database (CSD) if they wish to conduct business with

Central supplier database (csd), a csd

Conditions of contract (gcc, jbcc, fidic or CIDB) and, if applicable, any other special conditions of

2. Tax compliance requirements

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-filing. In order

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

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

A valid municipal account or proof of valid lease agreement must be attached) (N\A)

VAT registration

STATUS TCS PIN: OR CSD No

2. Tax compliance requir

B-BBEE Minimum Level: 1

Points Allocation: 2 points

B-BBEE Details: companied by a complete Tender

document, will not be considered.

NOTE: This tender will be evaluated in terms of the General Conditions of Contract (General) , Supply Chain

Management Policy and relevant specification as depicted in the document and also the Stellenbosch

Preferential Procurement Policy effective from 16 January 2023 in accordance with the Preferential Procurement

Regulations that was promulgated by the Minister of Finance on 04 November 2022 in Government Gazette No

47452.

The preferential points system applied is as follows: 80/20 in terms of the approved policy.

Price 80

B-BBEE status level of contribution 10

Locality 10

Total points for Price, B-BBEE and locality 100

The following conditions to Tender exist (failure to comply may result in your Tender being disqualified):

1. This Tender is subject to the general conditions of contract General and special conditions for Tendering.

2. Relevant terms of reference.

3. Tenderers must be registered on the Central supplier database (CSD) if they wish to conduct business with

the municipality.

4. No award will be made to tenderers whose tax status is non-compliant.

5. Tenders submitted must be in a sealed envelope clearly marked with the Tender number, placed in the tender

box before closing time. Failure will result in the tender being invalid.

Tender documents, in English, are available free of charge on the website: www.stellenbosch.gov.za.

Alternatively, hard copies of the document are obtainable from the offices of the Supply Chain Management Unit,

Stellenbosch Municipality, Town House Complex, 1st Floor, Plein Street, Stellenbosch, upon payment of a nonrefundable fee of R395.00 per document.

Note: The municipality will never contact you to pay money in exchange for the award of a tender.

G Met

Be the basis for awarding points for locality) n/a

OHSA (Occupational Health and Safety) - Is the form duly completed and signed?

3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any

expense incurred in the preparation and submission of a bid. Where applicable a non-refundable

fee for documents may be charged.

3.2. Invitations to bid are usually published in locally distributed news media and on the municipality /

municipal entity website.

in the contract. The details of shipping and/or other documents to be furnished by the supplier are

specified.

are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased

in respect of any dumped of 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 contractor to the State or the State may deduct such amounts from moneys (if

any) which may otherwise be due to the contractor in regard to supplies 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.

I, the undersigned (name) ,

certify that the information furnished in paragraph 3 above is correct.

published in Government Gazette No. 16085 dated 23 November 1994;

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

the time of bid invitation, and includes all applicable taxes;

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 in SCC.

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 in SCC 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 by the purchaser no later than thirty (30) days after submission of an

invoice, statement or claim by the supplier.

16.4. Payment will be made in Rand unless otherwise stipulated.

17. Prices

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

In cases where the estimated value of the envisaged changes in purchase does not vary more tha15%

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

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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

The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract, 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 supplies 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 without the application

of penalties.

21.5. Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall,

without cancelling the contract, be entitled to purchase supplies 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

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:

23.1.1. 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;

23.1.2. if the Supplier fails to perform any other obligation(s) under the contract; or

23.1.3. if the supplier, in the judgment 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.

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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 purchase 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:

23.6.1. the name and address of the supplier and / or person restricted by the purchaser;

23.6.2. the date of commencement of the restriction

23.6.3. the period of restriction; and

23.6.4. 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. Anti-dumping and countervailing duties and rights

When, after the date of bid, provisional payments are required, or antidumping 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 of 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 contractor to the State or the State may deduct such amounts from moneys (if

any) which may otherwise be due to the contractor in regard to supplies 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.

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26. Termination for insolvency

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,

27.4.1. the parties shall continue to perform their respective obligations under the contract unless

they otherwise agree; and

27.4.2. the purchaser shall pay the supplier any monies due 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;

28.1.1. 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

28.1.2. 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

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

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.

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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

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

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.

General Conditions of Contract (revised July 2010)

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5. General conditions of tender

1. Sealed tenders, with the “Tender Number and Title” clearly endorsed on the envelope, must be

deposited in the tender box at the offices of the Stellenbosch Municipality, Plein Street,

Stellenbosch.

2. The tender must be lodged by the Tenderer in the tender box in the Main Hall Entrance,

Stellenbosch Municipal Offices, Plein Street, Stellenbosch

Please note:

2.1. Tenders that are deposited in the incorrect box will not be considered.

2.2. Mailed, telegraphic or faxed tenders will not be accepted.

2.3. Documents may only be completed in non-erasable ink.

2.4. The use of correction fluid/tape is not allowed.

2.4.1. In the event of a mistake having been made, it shall be crossed out in ink and be

accompanied by an initial at each and every alteration.

2.4.2. Alterations or deletions not signed by the Tenderer may render the tender invalid.

2.5. All bids must be submitted in writing on the official forms supplied (not to be re-typed)

2.6. All prices shall be quoted in South African currency and be INCLUSIVE of VAT.

3. Where the value of an intended contract (or company turnover) will exceed R1 000 000, 00

(R1 million) it is the bidder’s responsibility to be registered with the South African Revenue

Service (SARS) for VAT purposes in order to be able to issue tax invoices. The municipality

will deem the price above R 1 000 000,00 (R1 million) to be VAT inclusive even if it is

indicated that no VAT is charged. Please ensure that provision is made for VAT in these

instances. The TOTAL price tendered will remain fixed.

3.1 It is a requirement of this contract that the amount of value-added tax (VAT) must be shown

clearly on each invoice.

3.2 The amended Value-Added Tax Act requires that a Tax Invoice for supplies in excess of

R3 000 should, in addition to the other required information, also disclose the VAT

registration number of the recipient, with effect from 1 March 2005. The VAT registration

number of the Stellenbosch Municipality is 4700102181.

3 Any Tender received after the appointed time for the closing of Tenders shall not be considered but

shall be filed unopened with the other Tenders received or may be returned to the Tenderer at his

request.

4 Tenders may not be telefaxed to the Municipality and therefore any tenders received by fax will not

be considered.

5 Tenders shall be opened in public at the Stellenbosch Municipal Offices as soon as possible after

the closing time for the receipt of tenders.

6 The Municipality shall have the right to summarily disqualify any Tenderer who, either at the date of

submission of this tender or at the date of its award, is indebted to the Municipality in respect of any

rental, levies, rates and/or service charges; ALTERNATIVELY;

6.1 That an agreement be signed whereby the Tenderer agrees that a percentage or fixed amount at

the discretion of the Municipality, be deducted from payments due to him for this tender, until the

debt is paid in full.

6.2 The tenderer shall declare all the Municipal account numbers in the Stellenbosch Area for which

the enterprise or the proprietors or directors in their personal capacity is/ are responsible or co-

responsible.

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7. Negotiations for a fair market related price

7.1 The award of the tender may be subject to price negotiation with the preferred tenderers.

8 This bid will be evaluated and adjudicated according to the following criteria:

8.1 Relevant specifications

8.2 Value for money

8.3 Capability to execute the contract

8.4 PPPFA & associated regulations

9 Service Level Agreement

The award of the tender is subject to the signing of a Service Level Agreement (SLA) between

the successful bidder and Stellenbosch Municipality.

10 Inclusion as a standard clause in the tender specification documents where any asset is

constructed (delete which ever is not applicable)

On practical completion date, a report or certificate should be issued indicating the total costs of

the project attributable to each significant component as identified within the lowest asset

hierarchy level (4) as specified within the infrastructure catalogue or Annexure A of the

Stellenbosch Municipality’s asset management policy as approved in 2014, if not contained in the

catalogue.

Inclusion in contract with consultants

If construction is still in progress over the year-end period of the Stellenbosch Municipality, being

30 June of each year, the Municipality should be furnished with a report / certificate at year-end

(30 June), which details (a) The cumulative expenditure incurred up to 30 June for the project. (b)

any details if the project is taking a significant longer period of time to complete than expected,

including reasons for any delays. (c) details where construction or development has been halted

either during the current or previous reporting period(s), including reasons for halting the

construction or development of the asset/project.

11 Centralised Supplier Database

No Bids will be awarded to a bidder who is not registered on the Centralised Supplier Database

(Csd).

The CSD supplier number starting with (MAAA) number is automatically generated by the Central

Database System after successful registration and validation of a prospective service provider.

This number is now a mandatory requirement, as referred to in regulation 14(1) (b) of the

Municipal Supply Chain Management Regulations, as part of the listing criteria for accrediting a

prospective service provider. Prospective suppliers should self – register on the CSD website at

www.csd.gov.za Registration on the CSD will be compulsory in order to conduct business with

the STELLENBOSCH MUNICIPALITY. Assistance with CSD Registration can be provided by

contacting 021 808 8594 or [email protected]

Centralised Supplier Database No. MAAA........................

Reference No: B/SM 113/26 of 79

Mbd 4

6. 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 position

in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.

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, shareholder 2 etc.)

3.4. Company Registration Number

3.5. Tax Reference Number

3.6. VAT Registration Number

3.7. Are you presently in the service of the state? YES NO

3.7.1. If so, furnish particulars:

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

3.8.1. If so, furnish particulars:

1 MSCM 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. an executive 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.

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Mbd 4

Do you have any relationship (family, friend, other) with persons in the service of the

3.9. YES NO state and who may be involved with the evaluation and or adjudication of this bid?

3.9.1. If so, furnish particulars:

Are you aware of any relationship (family, friend, other) between a bidder and any

3.10. persons in the service of the state who may be involved with the evaluation and or YES NO

adjudication of this bid?

3.10.1. If so, furnish particulars:

Are any of the company’s directors, managers, principal shareholders or stakeholders

3.11. YES NO in the service of the state?

3.11.1. If so, furnish particulars:

Is any spouse, child or parent of the company’s directors, managers, principal

3.12. YES NO shareholders or stakeholders in the service of the state?

3.12.1. If so, furnish particulars:

Do you or any of the directors, trustees, managers, principal shareholders, or

3.13. stakeholders of this company have any interest in any other related companies or YES NO

business whether or not they are bidding for this contract?

3.13.1. If so, furnish particulars:

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Mbd 4

3.14. Please provide the following information on ALL directors/shareholders/trustees/members below:

Personal Income Tax Provide State3

Full Name and Surname Identity Number

Number Employee Number

Nb:

a) PLEASE ATTACH CERTIFIED COPY(IES) OF ID DOCUMENT(S)

b) PLEASE PROVIDE PERSONAL INCOME TAX NUMBERS FOR ALL DIRECTORS /

Shareholders / trustees / members, etc.

1. Tender notice & invitation to tender ........................................................................... 2

Tender kennisgewing ............................................................................................................................. 4

Part a – administrative requirements in terms of the supply chain

Management policy .............................................................................................................. 9

2. Checklist ................................................................................................................................ 10

3. Authority to sign a bid ...................................................................................................... 11

4. General conditions of contract – government procurement ...................... 13

5. General conditions of tender ...................................................................................... 22

6. Mbd 4 – declaration of interest ................................................................................... 24

7. Mbd6.1 – Preference points claim form in terms of the

Preferential procurement regulations 2022 – purchases/services

80/20 ........................................................................................................................................... 27

8. Mbd 8 – declaration of bidder’s past supply chain management

Practices ................................................................................................................................ 37

9. Mbd 9 – certificate of independent bid determination ........................................ 39

10. Mbd 10 – certificate for payment of municipal services .................................... 41

11. Compensation for occupational injuries and diseases act, 1993 (act

) .............................................................................................................................. 42

12. Form of indemnity ............................................................................................................... 43

Part b – specifications and pricing schedule ............................................................................ 44

13. Specifications ...................................................................................................................... 45

14. Pre-qualification score sheet ...................................................................................... 66

15. Schedule of plant and equipment................................................................................ 67

16. Schedule of subcontractors ....................................................................................... 68

17. Schedule of work experience of the tenderer – current

Contracts .............................................................................................................................. 69

18. Schedule of work experience of the tenderer – completed

Contracts .............................................................................................................................. 70

19. Pricing schedule ................................................................................................................. 71

20. Declaration by tenderer ................................................................................................ 79

Reference No: B/SM 113/26 of 79

Part a – administrative requirements in

BBBEE points)

MBD 8 (Declaration of Past Supply Chain Practices) - Is the form duly completed and signed? Yes No

MBD 9 (Certificate of Independent Bid Determination) - Is the form duly completed and signed? Yes No

MBD 10 (Certificate of Payment of Municipal Accounts) - Is the form duly completed and signed?

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

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

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

thereto and all documents incorporated by reference therein.

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

performance of his contractual obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence

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

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

government and encouraged to market its products internationally

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

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

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

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

1.7. “Day” means calendar day.

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

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

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

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

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

receipt is obtained.

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

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

industries in the RSA.

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

fault or negligence and not foreseeable.

1.13. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity,

wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.14. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of any bidder, and includes collusive

practice among bidders (prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the bidder of the benefits of free and open

competition.

1.15. “GCC” means the General Conditions of Contract.

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

to supply to the purchaser under the contract.

1.17. “Imported content” means that portion of the bidding price represented by the cost of components,

parts or materials which have been or are still to be imported (whether by the supplier or his

subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct

importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or

duty at the South African place of entry as well as transportation and handling charges to the

factory in the Republic where the supplies covered by the bid will be manufactured.

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

provided that local manufacture does take place.

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

and machinery and includes other related value-adding activities.

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

service.

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

1.22. “Purchaser” means the organization purchasing the goods.

1.23. “Republic” means the Republic of South Africa.

1.24. “SCC” means the Special Conditions of Contract.

1.25. “Services” means those functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning, provision of

technical assistance, training, catering, gardening, security, maintenance and other such

obligations of the supplier covered under the contract.

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

required and specified service(s) to the State.

1.27. “Tort” means in breach of contract.

1.28. “Turnkey” means a procurement process where one service provider assumes total responsibility

for all aspects of the project and delivers the full end product / service required by the contract.

1.29. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent,

trademark, or industrial design rights arising from use of the goods or any part thereof by the

purchaser.

6.2. When a supplier developed documentation / projects for the municipality / municipal entity, the

intellectual, copy and patent rights or ownership of such documents or projects will vest in the

municipality / municipal entity.

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

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

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

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

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

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

7.3.1. bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the

purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the purchaser; or

7.3.2. a cashier’s or certified cheque

7.4. The performance security will be discharged by the purchaser and returned to the supplier not later

than thirty (30) days following the date of completion of the supplier’s performance obligations

under the contract, including any warranty obligations, unless otherwise specified.

the supplier further opportunity to substitute the rejected goods, purchase such goods as may be

necessary at the expense of the supplier.

8.7. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the

contract on account of a breach of the conditions thereof, or to act in terms of Clause 22 of GCC.

13.1. The supplier may be required to provide any or all of the following services, including additional

services, if any:

13.1.1. performance or supervision of on-site assembly and/or commissioning of the supplied

goods;

13.1.2. furnishing of tools required for assembly and/or maintenance of the supplied goods;

13.1.3. furnishing of a detailed operations and maintenance manual for each appropriate unit of

the supplied goods;

13.1.4. performance or supervision or maintenance and/or repair of the supplied goods, for a

period of time agreed by the parties, provided that this service shall not relieve the supplier

of any warranty obligations under this contract; and

13.1.5. training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,

start-up, operation, maintenance, and/or repair of the supplied goods.

13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the

goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates

charged to other parties by the supplier for similar services.

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14.1. As specified, the supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

14.1.1. such spare parts as the purchaser may elect to purchase from the supplier, provided that

this election shall not relieve the supplier of any warranty obligations under the contract;

and;

14.1.2. in the event of termination of production of the spare parts:

14.1.2.1. advance notification to the purchaser of the pending termination, in sufficient

time to permit the purchaser to procure needed requirements; and

14.1.2.2. following such termination, furnishing at no cost to the purchaser, the

blueprints, drawings, and specifications of the spare parts, if requested.

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 in SCC.

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 in SCC 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.

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 supplies 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 without the application

of penalties.

21.5. Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall,

without cancelling the contract, be entitled to purchase supplies 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.

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:

23.1.1. 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;

23.1.2. if the Supplier fails to perform any other obligation(s) under the contract; or

23.1.3. if the supplier, in the judgment 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.

Reference No: B/SM 113/26 of 79

Gcc

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 purchase 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:

23.6.1. the name and address of the supplier and / or person restricted by the purchaser;

23.6.2. the date of commencement of the restriction

23.6.3. the period of restriction; and

23.6.4. 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.

Reference No: B/SM 113/26 of 79

Gcc

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;

28.1.1. 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

28.1.2. 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

Pt−Pmin

Ps= 80(1− )

Pmin

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

Reference No: B/SM 113/26 of 79

Mbd 6.1

5. Points awarded for b-bbee status level of contributor

5.1 In terms of Regulation 4 (2) and 5 (2) of the Preferential Procurement Regulations,

preference points must be awarded to a bidder for attaining a specific goal specified for

the tender.

5.2 The tendering conditions will stipulate the specific goals, as contemplated in section

2(1)(d)(ii) of the Preferential Procurement Act, be attained.

5.3 A maximum of 20 points (80/20 preference points system) must be allocated for specific

goals. These goals are:

(a) contracting with persons, or categories of persons, historically disadvantaged by

unfair discrimination on the basis of race, gender or disability;

(b) Promotion of enterprises located in the municipal area (WCO24) (N\A)

5.4 Regarding par 5.3 (a) at least 50% of the 20 points must be allocated to promote this

goal and points will be allocated in terms of the BBBEE scorecard as follows.

Number of Points for

B-BBEE Status Level of

80/20 Preference Points

Contributor

System

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2

Non-compliant 0

contributor

5.5 A tenderer must submit proof of its BBBEE status level contributor.

5.6 A tenderer failing to submit proof of BBBEE status level of contributor –

5.6.1 may only score in terms of the 80/90-point formula for price; and

5.6.2 scores 0 points out of 10/5 BBBEE status level of contributor, which is in line with

section 2 (1) (d) (i) of the Act, where the supplier or service provider did not

provide proof thereof.

5.7 Regarding par 5.3 (b) a maximum of 50% of the 20/10 points must be allocated to

promote this goal. Maximum points will be allocated as follows.

Locality of supplier Number of Number of

Points for Points for

Reference No: B/SM 113/26 of 79

Mbd 6.1

80/20 90/10

Preference Preference

Points Points

System System

Within the boundaries of the municipality 10 5

Outside of the boundaries of the 0 0

municipality

The maximum will be proportionately adjusted depending on the number of points

allocated for this goal. E.G., 40% will equate to 8/4 points.

6. Bid declaration

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must

complete the following:

7. B-bbee status level of contributor claimed in terms of

Paragraphs 1.4 And 4.1

7.1 B-BBEE Status Level of Contributor: . = ......... (maximum of 10 points)

(Points claimed in respect of paragraph 7.1 must be substantiated by relevant proof of

B-BBEE status level of contributor.)

7.2 Within the boundaries of Stellenbosch Municipality (WC024)?

Yes NO

Business Address - .......................................

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

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

(Points claimed in respect of paragraph 7.2 must be substantiated by relevant proof

that the business premises are situated in the Municipal area of Stellenbosch (WC024).

A valid municipal account or proof of valid lease agreement must be attached) (N\A)

8. Sub-contracting

8.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

Yes NO

8.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted..................................%

ii) The name of the sub-contractor................................................................

iii) The B-BBEE status level of the sub-contractor..................................................

iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

Yes NO

Reference No: B/SM 113/26 of 79