Supply, delivery and installation of one 20-Foot container at mkhambathi beach

• The appointed

service provider will

be required to

provide excavation

services for clearing

of an area where a

container will be

positioned.

• Also required to

provide stands for

containers to avoid

sinking in the long

run.

Delivery Cost

Sub-total

VAT (15%)

Grand total

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Ingquza Hill Local Municipality

Mbd 2.2

Tender offer

I, (duly

authorized to represent the tenderer for the purpose of this tender), hereby tender to supply all or any of the goods

and/or render all or any of the services described in the attached document to the Ingquza Hill Local Municipality on

the terms and conditions stipulated in this tender document and in accordance with the specification stipulated in

the tender document at the prices reflected in the Contract Form/Price Schedule.

BIDDERS TOTAL OFFER (Inclusive of vat and all other charges)

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

The tenderer agrees that:

3.1 The tender offer submitted shall remain valid, irrevocable and open for written acceptance by the

Ingquza Hill Local Municipality for a period of 90 days from the closing date or for such extended period as

may be applicable;

3.2 The tender offer will not be withdrawn or amended during the aforesaid validity period;

3.3 Notwithstanding the above, the tenderer may submit a written request to the Ingquza Hill Local

Municipality after the closing date for permission to withdraw the tender offer. Such withdrawal will be

permitted or refused at the sole discretion of the Ingquza Hill Local Municipality after consideration of the

reasons for the withdrawal, which shall be fully set out by the tenderer in the written request for withdrawal;

3.4 Should the tender offer be withdrawn in contravention of 3.1 to 3.3 above, the tenderer agrees that:

(a) it shall be liable to the Ingquza Hill Local Municipality for any additional expense incurred by the Ingquza

Hill Local Municipality in having either to accept another tender or, if new tenders have to be invited, the

additional expenses incurred by the invitation of new tenders and the subsequent acceptance of any other

tender;

(b) the Ingquza Hill Local Municipality shall also have the right to recover such additional expenses by set-

off against moneys which may be due or become due to the tenderer under this or any other tender or

contract or against any guarantee or deposit that may have been furnished by the tenderer or on its behalf

for the due fulfilment of this or any other tender or contract. Pending the ascertainment of the amount of

such additional expenses, the Ingquza Hill Local Municipality shall be entitled to retain such moneys,

guarantee or deposit as security for any loss the Ingquza Hill Local Municipality may suffer due to such

withdrawal.

3.5 The tenderer agrees that this tender and its acceptance shall be subject to the terms and conditions

contained in the Ingquza Hill Local Municipality’s Supply Chain Management Policy (‘SCM Policy’) and

Combating of Abuse of the Supply Chain Management System Policy (‘Abuse Policy’).

Signature(s)

Print name(s):

On behalf of the tenderer (duly authorised)

Date

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Ingquza Hill Local Municipality

Mbd 4

3. Declaration of interest

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

5. 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.

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, shareholder2):.............................

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 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

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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 State Employee

Number

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

Signature Date

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

Capacity Name of Bidder

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Mbd 6.1

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

(delete whichever is not applicable for this tender).

a) The applicable preference point system for this tender is the 90/10 preference point system.

b) The applicable preference point system for this tender is the 80/20 preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/ highest

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

1.3 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

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Ingquza Hill Local Municipality

(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

Pt−Pmin

Ps= 80(1− ) or Ps= 90(1− Pt−Pmin )

Pmin Pmin

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

Pt−Pmax

Ps= 80(1+ ) or Ps= 90(1+ Pt−Pmax )

Pmax Pmax

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

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Ingquza Hill Local Municipality

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 Number of Number of

Number of points points points

points claimed claimed allocated

allocated (80/20 (90/10

(90/10 system) The specific goals (80/20 system) system)

allocated points in system) (To be (To be Verification documents terms of this tender (To be completed (To be completed by completed by by the

completed by the tenderer) the organ of tenderer)

the organ of state)

state)

Company owned by 4 CSD registration report/

people who are youth ID Copy of the owner/

(18-35 years) director registered

Company owned by 6 CSD registration report/

people who are women ID Copy of the owner/

director registered

Company owned by 5 Letter from a medical

people who are living practitioner

with disability

Company owned by 5 CSD registration report/

black people ID Copy of the owner/

director registered

Declaration with regard to company/firm

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

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

4.5. Type of company/ firm

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Ingquza Hill Local Municipality

 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.

Name (print) .................................................

Witnesses

Capacity .................................................

Signature ................................................. 1 ........................

Name of firm ................................................. 2. ........................

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

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

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Ingquza Hill Local Municipality

Mbd 6.2

Declaration certificate for local production and content for designated sectors

This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general information and serves

as a declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in

respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011 and the South African

Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance

on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content

Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local

Content Declaration: Supporting Schedule to Annex C)].

1. General Conditions

1.1. Preferential Procurement Regulations, 2011 (Regulation 9) makes provision for the promotion of local production

and content.

1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local production and

content is of critical importance, such bids must be advertised with the specific bidding condition that only locally

produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local

production and content will be considered.

1.3. Where necessary, for bids referred to in paragraph 1.2 above, a two stage bidding process may be followed, where

the first stage involves a minimum threshold for local production and content and the second stage price and B-

Bbee.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the

local production and content of the overall value of the contract is reduced to below the stipulated minimum

threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the SABS

approved technical specification number SATS 1286: 2011 as follows:

LC = [1- x / y] *100

Where

x is the imported content in Rand

y is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published

by the South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid as required in

paragraph 4.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on

http://www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6. A bid may be disqualified if –

(a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are not

submitted as part of the bid documentation; and

(b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E) have been audited

and certified as correct.

2. Definitions

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Ingquza Hill Local Municipality

2.1. “bid” includes written price quotations, advertised competitive bids or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the Department of

Trade and Industry in line with national development and industrial policies for local production, where only locally

produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local

production and content;

2.5. “duly sign”means a Declaration Certificate for Local Content that has been signed by the Chief Financial Officer

or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with

management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or materials

which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are

inclusive of the costs abroad (this includes labour and intellectual property costs), plus freight and other direct

importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the

South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported content, provided that

local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as determined by the

Department of Trade and Industry; and

2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing another

person to support such primary contractor in the execution of part of a project in terms of the contract.

3. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS 1286:2011)

for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______%

4. Does any portion of the services, works or goods offered

have any imported content?

(Tick applicable box)

Yes NO

4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5

of the general conditions must be the rate(s) published by the SARB for the specific currency at 12:00 on the date

of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za.

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS

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Ingquza Hill Local Municipality

1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

5. Were the Local Content Declaration Templates (Annex C, D and E) audited and certified as correct?

(Tick applicable box)

Yes NO

5.1. If yes, provide the following particulars:

(a) Full name of auditor: ...............................................................

(b) Practice number: ...................................................................................

(c) Telephone and cell number: .........................................................................

(d) Email address: ...................................................................................

(Documentary proof regarding the declaration will, when required, be submitted to the satisfaction of the Accounting

Officer / Accounting Authority)

6. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local

content the dti must be informed accordingly in order for the dti to verify and in consultation with the Accounting Officer

/ Accounting Authority provide directives in this regard.

Local content declaration

(Refer to annex b of sats 1286:2011)

Local content declaration by chief financial officer or other legally

Responsible person nominated in writing by the chief executive or senior

Member/person with management responsibility (close corporation,

Partnership or individual)

In respect of bid NO. .................................................................................

ISSUED BY: (Procurement Authority / Name of Municipality / Municipal Entity):

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

Nb

1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an

external authorized representative, auditor or any other third party acting on behalf of the bidder.

2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates

(Annex C, D and E) is accessible on http://www.thedti.gov.za/industrial development/ip.jsp. Bidders

should first complete Declaration D. After completing Declaration D, bidders should complete

Declaration E and then consolidate the information on Declaration C. Declaration C should be

submitted with the bid documentation at the closing date and time of the bid in order to

substantiate the declaration made in paragraph (c) below. Declarations D and E should be kept

by the bidders for verification purposes for a period of at least 5 years. The successful bidder is

required to continuously update Declarations C, D and E with the actual values for the duration of the

contract.

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

do hereby declare, in my capacity as ............................................. ...........

of ...............................................................................................................(name of bidder entity), the

following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that

(i) the goods/services/works to be delivered in terms of the above-specified bid comply

with the minimum local content requirements as specified in the bid, and as measured

in terms of SATS 1286:2011; and

(ii) the declaration templates have been audited and certified to be correct.

(c)The local content percentages (%) indicated below has been calculated using the formula given in

clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the

information contained in Declaration D and E which has been consolidated in Declaration C;

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R

Stipulated minimum threshold for local content (paragraph 3 above)

Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each product

contained in Declaration C shall be used instead of the table above. The local content

percentages for each product has been calculated using the formula given in clause 3 of SATS

1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information

contained in Declaration D and E.

(d) I accept that the Procurement Authority / Municipality /Municipal Entity has the right to request

that the local content be verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information

furnished in this application. I also understand that the submission of incorrect data, or data

that are not verifiable as described in SATS 1286:2011, may result in the Procurement Authority

/ Municipal / Municipal Entity imposing any or all of the remedies as provided for in Regulation 13 of

the Preferential Procurement Regulations, 2011 promulgated under the Preferential Policy

Framework Act (PPPFA), 2000 (Act No. ).

Signature: date: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________

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Preference points claim form in terms of the preferential procurement regulations 2001

Local content of products

Mbd 6.4

Nb: before completing this form, bidders must study the general conditions, definitions

And directives specified in claim form mbd 6.1 And the preferential procurement

Regulations, 2001

1. Regulation 12(1) of the Preferential Procurement Regulations makes provision for the promotion of locally

manufactured products within the preference point systems.

Specific goal points allocated

The stimulation of the S.A economy by procuring locally

Manufactured products. ..........................................

2. Preference points may only be claimed for products, which will be manufactured (fabricated, processed or

assembled), in the Republic of South Africa. In cases where production has not yet commenced at time of bid

closure, evidence shall be produced that at the time of bid closure, the bidder was irrevocably committed to local

production of the product.

3. “Local content” means that portion of the bid price, excluding Value Added Tax (VAT), which is not included in

imported content, provided that local manufacture does take place.

4. “Imported content” means that portion of the bid price represented by the costs of components, parts or

materials which have been or are still to be imported (whether by the bidder or his suppliers or sub-contractors)

and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing

costs, dock dues, import duties, sales duties, or other similar taxes or duties at the South African place of entry

as well as transportation and handling charges to the factory in the Republic where the supplies for which a bid

has been submitted are manufactured.

5. Bid information

Bidders who wish to claim points in respect of this goal must furnish the information in paragraph 7 below.

6. Points claimed

Indicate whether point(s) allocated for this goal is (are) claimed. Yes / No

7. Information with regard to local manufacture

Indicate in the table below which product(s) [item number(s)] is/are manufactured locally against the % local

content of each product / item in relation to the bid price (exclusive of VAT). Points claimed must be indicated

in the “points claimed” column.

Percentage local content Points Points

Indicate item numbers

in relation to bid Price Allocated Claimed

10 % - 30 %

31 % - 60 %

61 % or more

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8. Bid declaration

I/we, the undersigned, who warrants that he/she is duly authorized to do so on behalf of the firm declare that

points claimed, based on the local content of the product(s) above, qualifies the firm for the point(s) shown and

I / we acknowledge that:

(i) The information furnished is true and correct.

(ii) In the event of a contract being awarded as a result of points claimed, the contractor may be required

to furnish documentary proof to the satisfaction of the purchaser that the claims are correct.

(iii) If the claims are found to be incorrect, the purchaser, in addition to any other remedy it may have -

(a) recover all costs, losses or damages it has incurred or suffered as a result of that person’s

conduct; and

(b) 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;

Witnesses:

1. ............................................. .....................................................

Signature (s) of bidder (s)

2. ............................................. Date: .............................................

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Mbd 7.1

Contract form - purchase of goods/works

This form must be filled in duplicate by both the successful bidder (part 1) and the

Purchaser (part 2). Both forms must be signed in the original so that the successful bidder

And the purchaser would be in possession of originally signed contracts for their

Respective records.

Part 1 (to be filled in by the bidder)

1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to

(name of institution).......................................... in accordance with the requirements and specifications

stipulated in bid number...................... at the price/s quoted. My offer/s remain binding upon me and open for

acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid.

2. The following documents shall be deemed to form and be read and construed as part of this agreement:

(i) Bidding documents, viz

• Invitation to bid;
• Tax clearance certificate;
• Pricing schedule(s);
• Technical Specification(s);
• Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution

in terms of the Preferential Procurement Regulations 2011;

• Declaration of interest;
• Declaration of bidder’s past SCM practices;
• Certificate of Independent Bid Determination;
• Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted

cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my

obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me

under this agreement as the principal liable for the due fulfilment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this

or any other bid.

6. I confirm that I am duly authorised to sign this contract.

Name (print) .................................................

Witnesses

Capacity .................................................

Signature ................................................. 1 ........................

Name of firm ................................................. 3. ........................

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

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

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Mbd 7.1

Contract form - purchase of goods/works

Part 2 (to be filled in by the purchaser)

1. I............................................. in my capacity as...............................................

accept your bid under reference number ..................dated...........................for the supply of goods/works

indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating delivery instructions is forthcoming.

3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the

contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note.

Price (all minimum threshold

B-bbee status

Item applicable delivery for local

Brand level of

NO. taxes period production and

Contribution

INCLUDED) CONTENT (if applicable)

4. I confirm that I am duly authorized to sign this contract.

Signed at .............................................ON......................................

Name (print) ...........................................

Signature ...........................................

Official stamp witnesses

1. ............................

2. ............................

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

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Mbd 8

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 of Yes No

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:

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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, or to any other municipality, 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 or any other organ of state Yes No

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

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Mbd 9

Certificate of independent bid determination

1 This Municipal Bidding Document (MBD) must form part of all bids1 invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. , as amended, prohibits an agreement between, or

concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal

relationship and if it involves collusive bidding (or bid rigging).2 Collusive bidding is a pe se prohibition meaning

that it cannot be justified under any grounds.

3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for

the combating of abuse of the supply chain management system, and must enable the accounting officer, among

others, to:

a. take all reasonable steps to prevent such abuse;

b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management

system of the municipality or municipal entity or has committed any improper conduct in relation to such

system; and

c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the

bidding process or the execution of the contract.

4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are

considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and

submitted with the bid:

1 Includes price quotations, advertised competitive bids, limited bids and proposals.

2 Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete,

secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire

goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors

not to compete.

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Mbd 9

Certificate of independent bid determination

I, the undersigned, in submitting the accompanying bid:

---

(Bid Number and Description)

in response to the invitation for the bid made by:

---

(Name of Municipality / Municipal Entity)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete

in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine

the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include

any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities

or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business as the

bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication,

agreement or arrangement with any competitor. However communication between partners in a joint venture or

consortium3 will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication,

agreement or arrangement with any competitor regarding:

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(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor

regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to

which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to

any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

3 Joint venture or Consortium means an association of persons for the purpose of combining their expertise,

property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices

related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for

investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No

and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or

may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in

terms of the Prevention and Combating of Corrupt Activities Act No or any other applicable legislation.

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

Signature Date

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

Position Name of Bidder

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Sats 1286.2011

Annex C

Local Content Declaration - Summary Schedule

(C1) Tender No. Note: VAT to be excluded from all

(C2) Tender description: calculations

(C3) Designated product(s)

(C4) Tender Authority:

(C5) Tendering Entity name:

(C6) Tender Exchange Rate: Pula EU GBP

(C7) Specified local content %

Calculation of local content Tender summary

Tender value

Tender price - Exempted net of Local

Tender item Imported Tender Total exempted Total Imported

List of items each imported exempted Local value content % Total tender value

no's value Qty imported content content

(excl VAT) value imported (per item)

content

(C8) (c9) (c10) (c11) (c12) (c13) (c14) (c15) (c16) (c17) (c18) (c19)

(C20) Total tender value R 0

Signature of tenderer from Annex B (C21) Total Exempt imported content R 0

(C22) Total Tender value net of exempt imported content R 0

(C23) Total Imported content R 0

(C24) Total local content R 0

Date: (C25) Average local content % of tender

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Sats 1286.2011

Annex D

Imported Content Declaration - Supporting Schedule to Annex C

(D1) Tender No. Note: VAT to be excluded from

(D2) Tender description: all calculations

(D3) Designated Products:

(D4) Tender Authority:

(D5) Tendering Entity name:

(D6) Tender Exchange Rate: Pula EU R 9.00 GBP R 12.00

A. Exempted imported content on of imported content Summary

Forign

All locally

currency Tender

Tender Local value of Freight costs to incurred Total landed item Description of imported content Local supplier Overseas Supplier value as per Exchange

no's imports port of entry landing costs cost excl VAT Tender Qty Exemptedvalueimported

Commercial Rate

& duties

Invoice

(D7) (d8) (d9) (d10) (d11) (d12) (d13) (d14) (d15) (d16) (d17) (d18)

(D19) Total exempt imported value R 0

This total must correspond with

Annex C - C 21

B. Imported directly by the Tenderer Calculation of imported content Summary

Forign

All locally

currency

Tender incurred Total landed item Description of imported content Unit of Overseas Supplier value

no's measure as per ofTenderExchangeRate Localimportsvalue of Freightport ofcostsentryto landing costs cost excl VAT Tender Qty Total imported value

Commercial

& duties

Invoice

(D20) (d21) (d22) (d23) (d24) (d25) (d26) (d27) (d28) (d29) (d30) (d31)

`

(D32) Total imported value by tenderer R 0

C. Imported by a 3rd party and supplied to the Tenderer Calculation of imported content Summary

Forign

All locally

currency

incurred Total landed

Description of imported content Unit of measure Local supplier Overseas Supplier value Quantity Total imported value as per ofTenderExchangeRate Localimportsvalue of Freightport ofcostsentryto landing costs cost excl VAT imported

Commercial

& duties

Invoice

(D33) (d34) (d35) (d36) (d37) (d38) (d39) (d40) (d41) (d42) (d43) (d44)

`

(D45) Total imported value by 3rd party R 0

D. Other foreign currency payments Calculationpaymentsof foreign currency Summarypaymentsof

Local supplier

Type of payment making the beneficiaryOverseas Foreign currencypaid value ofTenderExchangeRate Localpaymentsvalue of

payment

(D46) (d47) (d48) (d49) (d50) (d51)

(D52) Total of foreign currency payments declared by tenderer and/or 3rd party

Signature of tenderer from Annex B

(D53) Total of imported content & foreign currency payments - (D32), (D45) & (D52) above R 0

This total must correspond with

Date: Annex C - C 23

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