Panel of civil engineering consultants to undertake design and oversee construction of infrastructure, buildings and structures for a period of three years

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{"name":"Ms Benzile","email":"[email protected]","phone":"036 342 7800","department":"OF PUBLIC WORKS AND BASIC SERVICES","address":"t the said bidder is operating in an exempted are and as"}

Returnable Documents: INKOSI LANGALIBALELE LOCAL MUNICIPALITY DEPARTMENT OF PUBLIC WORKS AND BASIC SERVICES BID DOCUMENT ILM 01/26/27 APPOINTMENT OF A PANEL OF CIVI ENGINEERING CONSULTANTS TO UNDERTAKE DESIGN AND OVERSEE CONSTRUCTION OF INFRASTRUCTURE, BUILDINGS AND STRUCTURES FOR A PERIOD OF THREE (3) YEARS INVITATION TO BID ADVERTISEMENT INKOSI LANGALIBALELE LOCAL MUNICIPALITY Inkosi Langalibalele Local Municipality hereby invites proposals from all suitable qualified and experienced organizations/consortia in terms of section 83 of the Municipal systems Act, Act 32 (as amended) and sections 110 and 112 of the Municipal Finance Management Act, Act for the following; Project Name Bid No Compulsory Closing Date The issued documents must be returned in the form and order in which they were issued to assist the Municipality to expedite adjudication of the bids. The INKOSI LANGALIBALELE LOCAL MUNICIPALITY reserves the right to disqualify a bid in the event that the bidder does not fully comply with this provision., MANDATORY OBJECTION PERIOD All administrative actions and decisions taken by the INKOSI LANGALIBALELE LOCAL MUNICIPALITY Municipality through its officials may become subject to an objections and appeals process. As such, in terms of Section 4 Municipal Finance Management Act , a period of fourteen (14) days will be set aside to allow for the submission of objections., LOCAL LABOUR / SUB- CONTRACTORS Where the execution of the specifications/scope of work requires sub-contracting, bidders are required to source local labours in terms of the Municipality’s recognised policy. Bidders awarded contracts of an amount greater than or equal to R1 000 000-00 must sub-contract at least 30% of the contract to local contractors, where sub- contracting is necessary to execute the contract. Bidders awarded a contract of an amount greater than or equal to R1 000 000-00 must include 50% local labour in their staff component. Preference would be given when possible, to make use of local Service Provider provided the rates are competitive. INKOSI LANGALIBALELE LOCAL MUNICIPALITY DEPARTMENT OF PUBLIC WORKS AND BASIC SERVICES BID DOCUMENT ILM01/26/27 APPOINTMENT OF A PANEL OF CIVI ENGINEERING CONSULTANTS TO UNDERTAKE DESIGN AND OVERSEE CONSTRUCTION OF INFRASTRUCTURE, BUILDINGS AND STRUCTURES FOR A PERIOD OF THREE (3) YEARS

6. Pricing schedule – professional services

7. Form of acceptance

8. Mbd forms

9. Particulars of bidder

10. Clarification meeting

11. Contact details

12. Functionality table

Inkosi langalibalele local municipality

Department of public works and basic services

Contract NO. ILM01/26/27 appointment of a panel of civi engineering

Consultants to undertake design and oversee construction of

Infrastructure, buildings and structures for a period of three (3)

Years

Undertake design and oversee the construction as per below.

Infrastructure

 Construction and rehabilitation of gravel roads and blacktop roads

Buildings

 Renovations of existing and Construction of new buildings

 Construction of community halls

Structures

 Construction of bridges and low water crossing

 Taxi ranks/ trading stalls/ retaining walls etc.

Nb: when responding to this tender, bidder must provide the required

Information (refer to the evaluation criteria below in the pricing

Schedule)

Phase 1

1. Planning, studies, investigations and assessments

(1) Consultation with the client or client's authorized representative.

(2) Inspection of the site of the project.

(3) Preliminary investigation, planning and a level of design appropriate to allow

decisions on feasibility.

(4) Consultation with authorities having rights or powers of sanctions.

(5) Advice to the client as to regulatory and statutory requirements, including

environmental management and the need for surveys, analyses, tests and site or

other investigations, as well as approvals, where such are required for the

compilation of the report, and arranging for these to be carried out at the client's

expense.

(6) Searching for, obtaining, investigating and collating available data, drawings and

plans relating to the works.

(7) Investigating financial and economic implications relating to the proposals or

feasibility studies.

Deliverables will typically include:

 Collation of information.

 Reports on technical and financial feasibility and related implications.

 List of consents and approvals.

 Schedule of required surveys, tests, analyses, site and other investigations.

2. Normal services

(1) Assist in developing a clear project brief.

(2) Attend project initiation meetings.

(3) Advise on procurement policy for the project.

(4) Advise on rights, constraints, consents and approvals.

(5) Define the scope of services and scope of work required.

(6) Conclude the terms of the agreement with the client.

(7) Inspect the site and advise on the necessary surveys, analyses, tests and site or

other investigations where such information will be required for Stage 2 including

the availability and location of infrastructure and services.

(8) Determine the availability of data, drawings and plans relating to the project.

(9) Advise on criteria that could influence the project life cycle cost significantly.

(10) Provide necessary information within the agreed scope of the project to other

consultants involved.

Deliverables will typically include:

 Agreed scope of services and scope of work.

 Signed agreement.

 Report on project, site and functional requirements.

Stage 2

3. Concept and viability (often called preliminary design)

(1) Establish the concept design criteria.

(2) Prepare initial concept design and related documentation.

(3) Advise the client regarding further surveys, analyses, tests and investigations,

which may be required.

(4) Establish regulatory authorities' requirements and incorporate into the design.

(5) Refine and assess the concept design to ensure conformance with all regulatory

requirements and consents.

(6) Establish access, utilities, services and connections required for the design.

(7) Prepare process designs (where required), preliminary designs, and related

documentation for approval by authorities and client and suitable for

costing.

(8) Provide cost estimates and life cycle costs as required.

(9) Liaise, co-operate and provide necessary information to the client.

Typical deliverables will include:

 Concept design.

 Schedule of required surveys, tests and other investigations and related reports.

 Process design.

 Preliminary design.

 Cost estimates as required.

Stage 3

4. Design development (also termed detail design)

(1) Incorporate client’s and authorities detailed requirements into the design.

(2) Prepare design development drawings including draft technical details and

specifications.

(3) Review and evaluate design and outline specification and exercise cost control.

(4) Prepare detailed estimates of DESIGN cost.

(5) Submit the necessary design documentation to local and other authorities for

approval.

Typical deliverables will include:

 Design development drawings.

 Outline specifications.

 Local and other authority submission drawings and reports.

 Detailed estimates of DESIGN costs.

Stage 4

5. Documentation and procurement

(1) Prepare specifications and preambles for the works.

(2) Accommodate services design.

(3) Check cost estimates and adjust designs and documents if necessary to remain

within budget.

(4) Prepare documentation for contractor procurement.

(5) Review designs, drawings and schedules for compliance with approved budget.

(6) Assist in calling for tenders and / or negotiation of prices.

(7) Assist in the evaluation of tenders.

(8) Assist with the preparation of contract documentation for signature.

(9) Assess samples and products for compliance and design intent.

Typical deliverables will include:

 Specifications.

 Services co-ordination.

 Working drawings.

 Budget DESIGN cost.

 Tender documentation.

 Tender evaluation report.

 Tender recommendations.

 Priced contract documentation.

Phase 2

Stage 5

6. Contract administration and inspection

(1) Attend site handover.

(2) Issue DESIGN documentation in accordance with the documentation schedule

including, in the case of structural engineering, reinforcing bending schedules and

detailing and specifications of structural steel sections and connections.

(3) Carry out contract administration procedures in terms of the contract.

(4) Prepare schedules of predicted cash flow.

(5) Prepare proactive estimates of proposed variations for client decision making.

(6) Attend regular site, technical and progress meetings.

(7) Inspect works for conformity to contract documentation.

(8) Adjudicate and resolve financial claims by contractor(s).

(9) Assist in the resolution of contractual claims by the contractor.

(10) Establish and maintain a financial control system.

(11) Clarify details and descriptions during DESIGN as required.

(12) Prepare valuations for payment certificates to be issued.

(13) Witness and review of all tests and mock ups carried out both on and off site.

(14) Check and approve contractor drawings for design.

(15) Update and issue drawings register.

(16) Issue contract instructions as and when required.

(17) Review and comment on operation and maintenance manuals, guarantee

certificates and warranties.

(18) Inspect the works and issue practical completion and defects lists.

(19) Arranging for the delivery of all test certificates, including the Electrical Certificate

of Compliance, statutory and other approvals, as built drawings and operating

manuals.

Typical deliverables will include:

 Schedule of predicted cash flow.

 DESIGN documentation.

 Drawing register.

 Estimates for proposed variations.

 Contract instructions.

 Financial control reports.

 Valuations for payment certificates.

 Progressive and draft final account(s).

 Practical completion and defects list.

 Electrical Certificate of Compliance.

Stage 6

6. Close out

(1) Inspect and verify the rectification of defects.

(2) Receive, comment and approve relevant payment valuations and completion

certificates.

(3) Prepare and / or procure operations and maintenance manuals, guarantees and

warranties.

(4) Prepare and / or procure as-built drawings and documentations.

(5) Conclude the final accounts where relevant.

projects of similar nature 30 recognised appointment letter for a specific

 The Company has undertaken project and recognised reference letter for that

work of similar nature in other specific project

municipalities or government

institutions (one project = appointment letter and

(6 points per project) reference letter)

2 Qualifications and Experience 30 Please supply certified proof of qualifications,

 Project Engineer: Must be Identity Document and comprehensive

registered with ECSA (Pr Eng / Pr Tech Curriculum Vitae

Eng / Pr Tech) or SACPCMP (Pr CPM),

NQF Level 6 Relevant Qualification with

minimum 10 Years’ Experience. (15

Points)

 Resident Engineer: Must be registered

with ECSA (Pr Eng / Pr Tech Eng / Pr

Tech) or SACPCMP (Pr CPM), NQF Level

6 Relevant Qualification with minimum 8

Years’ Experience. (10 Points)

 Architecture: NQF Level 6 Relevant

Qualification and not less than 3 Years’

Experience. (5 Points)

3 Method Statement: 20 Please submit a clearly Method Statement

 Comprehensive (20 Points)

 Moderate (10 Points)

 Poor (05 Points)

4 Location of the Branch office 20 Provide the proof of office site in the form of

 20 Points for Branch Office Within rates and taxes statement/valid lease

preferential procurement policy framework act (PPPFA) principles whereby a tenderer’s submission will be

evaluated according to the sum of the award of points in respect of the tender value. The tender will be evaluated

on 80/20 as per the PPPFA Regulations and shall be based on pre-qualification and functionality. Bidders must fill

all MBD forms documents as attached in this tender document, failing which a bidder will be disqualified. Bidders

are required to submit a Company Profile accompanied by the company’s CSD (Central Supplier Database)

5. Scope of work

6. Pricing schedule – professional services

a) HDI Equity Detailed CSD Report

b) Female Ownership Detailed CSD Report

100% Female Owned 5

Between 50% and 99% Equity 3

Between 25% and 49% Equity 2

c) Promotion of local business Utility account/lease agreement (Rates)

Located within Local Municipality Company/Director’s Rates and Taxes Statement (Not older than 5

three months); or

Located within District Municipality Company/Director’s Valid Lease Agreement 3

Located within the Province 2

d) Management

Female 25% Certified ID’s for female management staff 3

Disability 25% Sworn affidavit from the SAPS 5

Youth 25% Certified ID’s for youth management staff 2

Total Special Goals 20

such does not pay Rates and Taxes.

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.

provided the rates are competitive.

 Construction of bridges and low water crossing

 Taxi ranks/ trading stalls/ retaining walls etc.

Nb: when responding to this tender, bidder must provide the required

Information (refer to the evaluation criteria below in the pricing

Schedule)

Phase 1

CSD Report

Central Supplier Database)

completion certificates

appointment letter for a specific

appointment letter and

on 80/20 as per the PPPFA Regulations and shall be based on pre-qualification and functionality. Bidders must fill

are required to submit a Company Profile accompanied by the company’s CSD (Central Supplier Database)

Report, CIPC Documents, Certified Identity Documents of all Directors, Valid Tax status PIN from the Receiver of

Revenue, Rates and Taxes Statement obtainable from the Local Municipality, alternatively, Valid Lease

Agreement. Please note that the onus is upon the tenderer to ensure that the Tax matters are always up to date.

B-BBEE Details: Goal Method of Evaluation Points

a) HDI Equity Detailed CSD Report

b) Female Ownership Detailed CSD Report

100% Female Owned 5

Between 50% and 99% Equity 3

Between 25% and 49% Equity 2

c) Promotion of local business Utility account/lease agreement (Rates)

Located within Local Municipality Company/Director’s Rates and Taxes Statement (Not older than 5

three months); or

Located within District Municipality Company/Director’s Valid Lease Agreement 3

Located within the Province 2

d) Management

Female 25% Certified ID’s for female management staff 3

Disability 25% Sworn affidavit from the SAPS 5

Youth 25% Certified ID’s for youth management staff 2

Total Special Goals 20

Tenders are to be completed in full bond and in accordance with the conditions and bid rules contained in the bid

documents and supporting documents must be placed in a sealed envelope and clearly marked “Panel of Civil

Engineering Consultants” quoting the relevant Bid Number must be deposited in the Tender box at ground

floor, Inkosi Langalibalele Municipality, Victoria Street, Estcourt, 3310 by not later than the above stipulated date

and time, where they will be opened and registered in public.

The Inkosi Langalibalele Municipality subscribes to the Preferential Procurement Regulations, pertaining to the

preferential procurement policy framework act (PPPFA) principles whereby a tenderer’s submission will be

evaluated according to the sum of the award of points in respect of the tender value. The tender will be evaluated

on 80/20 as per the PPPFA Regulations and shall be based on pre-qualification and functionality. Bidders must fill

all MBD forms documents as attached in this tender document, failing which a bidder will be disqualified. Bidders

are required to submit a Company P

HDI Requirement: 100%

16. Payment

17. Prices

18. Variation orders

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Anti-dumping and countervailing duties and rights

25. Force Majeure

26. Termination for insolvency

27. Settlement of Disputes

28. Limitation of Liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. Transfer of contracts

34. Amendments of contracts

35. Prohibition of restrictive practices

General Conditions of Contract

1. Definitions

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 goods

are so delivered and a valid receipt is obtained.

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

in the RSA at lower prices than that of the country of origin and which have the potential

to harm the local industries in the RSA.

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

the supplier’s fault or negligence and not foreseeable. Such events may include, but is

not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions,

fires, floods, epidemics, quarantine restrictions and freight embargoes.

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

procurement process or the execution of a contract to the detriment of any bidder

and includes collusive practice among bidders (prior to or after bid submission)

designed to establish bid prices at artificial non-competitive levels and to deprive the

bidder of the benefits of free and open competition.

1.14. “GCC” mean the General Conditions of Contract.

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

is required to supply to the purchaser under the contract.

1.16. “Imported content” means that portion of the bidding price represented by the cost of

components, parts or materials which have been or are still to be imported (whether

by the supplier or his subcontractors) and which costs are inclusive of the costs abroad,

plus freight and other direct importation costs such as landing costs, dock dues, import

duty, sales duty or other similar tax or duty at the South African place of entry as well

as transportation and handling charges to the factory in the Republic where the goods

covered by the bid will be manufactured.

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

imported content provided that local manufacture does take place.

1.18. “Manufacture” means the production of products in a factory using labor, materials,

components, and machinery and includes other related value-adding activities.

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

rendering of a service.

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

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

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

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

1.24. “Services” means those functional services ancillaries to the supply of the goods,

such as transportation and any other incidental services, such as installation,

commissioning, provision of technical assistance, training, catering, gardening,

security, maintenance and other such obligations of the supplier covered under the

contract.

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

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

1.26. “Tort” means in breach of contract.

1.27. “Turnkey” means a procurement process where one Consultant assumes total

responsibility for all aspects of the project and delivers the full end product / service

required by the contract.

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

mechanical writing.

2. Application

2.1. These general conditions are applicable to all bids, contracts and orders including

bids for functional and professional services (excluding professional services related to

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

acquiring of rights, but excluding immovable property, unless otherwise indicated in the

bidding documents.

2.2. Where applicable, special conditions of contract are also laid down to cover specific

goods, services or works.

2.3. Where such special conditions of contract are in conflict with these general

conditions, the special conditions shall apply.

3. General

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

liable for any expense incurred in the preparation and submission of a bid. Where

applicable a nonrefundable fee for documents may be charged.

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

the municipality/municipal entity website.

4. Standards

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

documents and specifications.

5. Use of contract documents and information

6. The supplier shall not, without the purchaser’s prior written consent, disclose the

contract, or any provision thereof, or any specification, plan, drawing, pattern, sample,

or information furnished by or on behalf of the purchaser in connection therewith, to

any person other than a person employed by the supplier in the performance of the

contract. Disclosure to any such employed person shall be made in confidence and

shall extend only so far as may be necessary for purposes of such performance.

5.1. 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.

5.2. Any document, other than the contract itself mentioned in GCC clause 5.1 shall

remain the property of the purchaser and shall be returned (all copies) to the purchaser

on completion of the supplier’s performance under the contract if so required by the

purchaser.

5.3. The supplier shall permit the purchaser to inspect the supplier’s records relating to

the performance of the supplier and to have them audited by auditors appointed by the

purchaser, if so required by the purchaser.

6. Patent Rights

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

of patent, trademark, or industrial design rights arising from use of the goods or any

part thereof by the purchaser.

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

entity, the intellectual, copy and patent rights or ownership of such documents or

projects will vest in the municipality / municipal entity.

7. Performance security

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

bidder shall furnish to the purchaser the performance security of the amount specified

in SCC.

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

compensation for any loss resulting from the supplier’s failure to complete his

obligations under the contract.

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

a freely convertible currency acceptable to the purchaser and shall be in one of the

following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank

located in the purchaser’s country or abroad, acceptable to the purchaser, in the

form provided in the bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4. The performance security will be discharged by the purchaser and returned to the

supplier not later than thirty (30) days following the date of completion of the supplier’s

performance obligations under the contract, including any warranty obligations, unless

otherwise specified.

8. Inspections, tests, and analysis

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

8.2. If it is a bid condition that goods to be produced or services to be rendered should at

any stage be subject to inspections, tests and analyses, the bidder or contractor’s

premises shall be open, at all reasonable hours, for inspection by a representative of

the purchaser or organization acting on behalf of the purchaser.

8.3. If there are no inspection requirements indicated in the bidding documents and no

mention is made in the contract, but during the contract period it is decided that

inspections shall be carried out, the purchaser shall itself make the necessary

arrangements, including payment arrangements with the testing authority concerned.

8.4. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods

to be in accordance with the contract requirements, the cost of the inspections, tests

and analyses shall be defrayed by the purchaser.

8.5. Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the

contract requirements, irrespective of whether such goods or services are accepted

or not, the cost in connection with these inspections, tests or analyses shall be defrayed

by the supplier.

8.6. Goods and services, which are, referred to in clauses 8.2 and 8.3 and which do not

comply with the contract requirements may be rejected.

8.7. Any contract goods may on or after delivery be inspected, tested or 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.

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

cancel the contract on account of a breach of the conditions thereof, or to act in terms

of Clause 22 of GCC.

9. Packing

9.1. The supplier shall provide such packing of the goods as is required to prevent their

damage or deterioration during transit to their destination, as indicated in the contract.

The packing shall be sufficient to withstand, without limitation, rough

handling during transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packing, case size and weights shall take into

consideration, where appropriate, the remoteness of the goods’ final destination and

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

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

comply strictly with such special requirements as shall be expressly provided for in

the contract, including additional requirements, if any, and in any subsequent

instructions ordered by the purchaser.

10. Delivery and documents

10.1. Delivery of the goods and arrangements for shipping and clearance obligations shall

be made by the supplier in accordance with the terms specified in the contract.

11. Insurance

11.1. The goods supplied under the contract shall be fully insured in a freely convertible

currency against loss or damage incidental to manufacture or acquisition,

transportation, storage and delivery in the manner specified.

12. Transportation

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

specified.

13. Incidental Services

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

additional services, if any:

(a) performance or supervision of on-site assembly and/or commissioning of the

supplied goods.

(b) furnishing of tools required for assembly and/or maintenance of the supplied

goods.

(c) furnishing of a detailed operations and maintenance manual for each appropriate

unit of the supplied goods.

(d) performance or supervision or maintenance and/or repair of the supplied goods,

for a period agreed by the parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in

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

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

price for the goods, shall be agreed upon in advance by the parties and shall not

exceed the prevailing rates charged to other parties by the supplier for similar services.

14. Spare parts

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

materials, notifications, and information pertaining to spare parts manufactured or

distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier,

provided that this election shall not relieve the supplier of any warranty obligations

under the contract; and

(b) in the event of termination of production of the spare parts:

(i) advance notification to the purchaser of the pending termination, in sufficient

time to permit the purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the

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

15.1. The supplier warrants that the goods supplied under the contract are new, unused, of

the most recent or current models and that they incorporate all recent improvements in

design and materials unless provided otherwise in the contract. The supplier further

warrants that all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or material is required

by the purchaser’s specifications) or from any act or omission of the supplier, that may

develop under normal use of the supplied goods in the conditions prevailing in the

country of 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 destination

indicated in the contract, or for eighteen (18) months after the date of shipment from

the port or place of loading in the source country, whichever period concludes earlier,

unless specified otherwise.

15.3. The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

15.4. Upon receipt of such notice, the supplier shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs

to the purchaser.

15.5. If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, the purchaser may proceed to take such remedial action as may be

necessary, at the supplier’s risk and expense and without prejudice to any other

rights which the purchaser may have against the supplier under the contract.

16. Payment

16.1. The method and conditions of payment to be made to the supplier under this contract

shall be specified.

16.2. The supplier shall furnish the purchaser with an invoice accompanied by a copy of

the delivery note and upon fulfillment of other obligations stipulated in the contract.

16.3. Payments shall be made promptly by the purchaser, but in no case later than thirty

(30) days after submission of an invoice or claim by the supplier.

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

17. Prices

17.1. Prices charged by the supplier for goods delivered and services performed under the

contract shall not vary from the prices quoted by the supplier in his bid, except for any

price adjustments authorized or in the purchaser’s request for bid validity extension, as

the case may be.

18. Variation orders

18.1. In cases where the estimated value of the envisaged changes in purchase does not

vary more than 15% of the total value of the original contract, the contractor may be

instructed to deliver the goods or render the services as such. In cases of

measurable quantities, the contractor may be approached to reduce the unit price,

and such offers may be accepted if there is no escalation in price.

19. Assignment

19.1. The supplier shall not assign, in whole or in part, its obligations to perform under the

contract, except with the purchaser’s prior written consent.

20. Subcontracts

20.1. The supplier shall notify the purchaser in writing of all subcontracts awarded under this

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 goods are required, or the supplier’s services

are not readily available.

21.4. Except as provided under GCC Clause 25, a delay by the supplier in the performance

of its delivery obligations shall render the supplier liable to the imposition of penalties,

pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to

GCC Clause 22.2 without the application of penalties.

21.5. Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without canceling the contract, be entitled to purchase goods of a

similar quality and up to the same quantity in substitution of the goods not supplied in

conformity with the contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim

damages from the supplier.

22. Penalties

22.1. Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to

perform the services within the period(s) specified in the contract, the purchaser shall,

without prejudice to its other remedies under the contract, deduct from the contract

price, as a penalty, a sum calculated on the delivered price of the delayed goods or

unperformed services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also consider

termination of the contract pursuant to GCC Clause 23.

23. Termination for default

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

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

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified

in the contract, or within any extension thereof granted by the purchaser pursuant

to GCC Clause 21.2.

(b) if the supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the 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 like 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.

24. Antidumping and countervailing duties and rights

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

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

dumping or countervailing right is increased in respect of any dumped or subsidized

import, the State is not liable for any amount so required or imposed, or for the amount

of any such increase. When, after the said date, such a provisional payment is no

longer required or any such anti-dumping or countervailing right is abolished, or where

the amount of such provisional payment or any such right is reduced, any such

favorable difference shall on demand be paid forthwith by the supplier to the purchaser

or the purchaser may deduct such amounts from moneys (if any) which may otherwise

be due to the supplier in regard to goods or services which he delivered or rendered,

or is to deliver or render in terms of the contract or any other contract or any other

amount which may be due to him.

25. Force Majeure

25.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be

liable for forfeiture of its performance security, damages, or termination for default if

and to the extent that his delay in performance or other failure to perform his obligations

under the contract is the result of an event of force majeure.

25.2. If a force majeure situation arises, the supplier shall promptly notify the purchaser in

writing of such condition and the cause thereof. Unless otherwise directed by the

purchaser in writing, the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical and shall seek all reasonable alternative

means for performance not prevented by the force majeure event.

26. Termination for insolvency

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

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such termination

will not prejudice or affect any right of action or remedy, which has accrued or will

accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1. If any dispute or difference of any kind whatsoever arises between the purchaser and

the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

27.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by

such mutual consultation, then either the purchaser or the supplier may give notice to

the other party of his intention to commence with mediation. No mediation in respect of

this matter may be commenced unless such notice is given to the other party.

27.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in

a South African court of law.

27.4. Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract

unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier for goods

delivered and / or services rendered according to the prescripts of the contract.

28. Limitation of Liability

28.1. Except in cases of criminal negligence or willful misconduct, and in the case of

infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise,

for any indirect or consequential loss or damage, loss of use, loss of production,

or loss of profits or interest costs, provided that this exclusion shall not apply to

any obligation of the supplier to pay penalties and/or damages to the purchaser;

and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract,

in tort or otherwise, shall not exceed the total contract price, provided that this

limitation shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language

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

pertaining to the contract that is exchanged by the parties shall also be written in

English.

30. Applicable law

30.1. The contract shall be interpreted in accordance with South African laws, unless

otherwise specified.

31. Notices

31.1. Every written acceptance of a bid shall be posted to the supplier concerned by

registered or certified mail and any other notice to him shall be posted by ordinary

mail to the address furnished in his bid or to the address notified later by him in writing

and such posting shall be deemed to be proper service of such notice

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

aforesaid notice has been given, shall be reckoned from the date of posting of such

notice.

32. Taxes and duties

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

and other such levies imposed outside the purchaser’s country.

32.2. A local supplier shall be entirely responsible for all taxes, duties, license fees, etc.,

incurred until delivery of the contracted goods to the purchaser.

32.3. No contract shall be concluded with any bidder whose tax matters are not in order.

Prior to the award of a bid SARS must have certified that the tax matters of the preferred

bidder are in order.

32.4. No contract shall be concluded with any bidder whose municipal rates and taxes and

municipal services charges are in arrears.

33. Transfer of contracts

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

thereof without the written permission of the purchaser.

34. Amendment of contracts

34.1. 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 mended, 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.

Inkosi langalibalele local municipality

Department of public works and basic services

Bid document

Ilm 01/26/27

Appointment of a panel of civi engineering

Consultants to undertake design and

Oversee construction of infrastructure,

Buildings and structures for a period of

Three (3) years

Special conditions of contract

Inkosi langalibalele local municipality

Department of public works and basic services

Contract NO. ilm 01/26/27 appointment of a panel of civi engineering

Consultants to undertake design and oversee construction of

Infrastructure, buildings and structures for a period of three (3)

Years

Special conditions of bid

1. Duration of contract

The service provider will be appointed to the panel, and from a panel, a service level agreement

will be entered into with the successful allocated bidder and signed by both parties. The contract

is envisaged to subsist for a period from the date of the service level agreement to the end date

of the contract. The contract will be reviewed regularly and may be cancelled at any stage based

on the performance of the service provider.

2. Payments

All payments will be made to the Service Provider within thirty (30) days of verification of

an invoice. All invoices should be submitted by the 10th of each month.

3. Service level agreement

3.1 A service level agreement will be entered into with the successful bidder.

3.2 Negotiations in respect of the service level agreement must be finalised within

fourteen (14) calendar days of receipt of the letter of acceptance by the successful

bidder."

3.3 Service level agreement entered with the successful bidder will capture the time

frames for performance applying to this contract.

3.4 Should no consensus be reached within fourteen (14) calendar days of finalizing

the Service Level Agreement (SLA), the Municipality will be entitled to:

i) Cancel its acceptance of the bid, or

ii) Extend the negotiation period without prejudice to any of its other rights in

terms of this contract or common law.

4. Penalties

In the event of non-compliance with the agreed time frames, Penalty fees in the

amount of R1500.00 (One Thousand Five hundred Rand) per day will be deducted

in lieu of each day the successful bidder fails to render its service in respect of the

project. Penalties will be applied for failure to comply with the conditions attached

to this bid and Service level agreement. These penalties are more fully described in

the Service Level agreement.

5. Price

The price quoted shall be as per ECSA guidelines 2015. Geo-tech, surveys and any

other additional services required will be covered under the provisional sum and under

additional notes.

6. Bid validity

This bid shall not be withdrawn during a period of one hundred and twenty (120) days from

the date on which it is to be lodged and it may be accepted at any time during that period.

7. Bid compliance

The Bid must comply with the following:

 The VAT component of the price must be indicated separately.

 This bid or part thereof may not be ceded.

 The bid documents submitted must be in the form and order as issued by the

Municipality to assist the Municipality with the evaluation of same

8. Meetings

Monthly Progress Meetings will be held by all parties to the contract.

9. Programme/performance

The Service provider will be required to submit a program of confirmed activities to be

undertaken in the project which will form an Annexure to the Service Level Agreement.

The Service Provider will also be required to submit a monthly progress report.

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 goods

are so delivered and a valid receipt is obtained.

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

in the RSA at lower prices than that of the country of origin and which have the potential

to harm the local industries in the RSA.

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

the supplier’s fault or negligence and not foreseeable. Such events may include, but is

not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions,

fires, floods, epidemics, quarantine restrictions and freight embargoes.

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

procurement process or the execution of a contract to the detriment of any bidder

and includes collusive practice among bidders (prior to or after bid submission)

designed to establish bid prices at artificial non-competitive levels and to deprive the

bidder of the benefits of free and open competition.

1.14. “GCC” mean the General Conditions of Contract.

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

is required to supply to the purchaser under the contract.

1.16. “Imported content” means that portion of the bidding price represented by the cost of

components, parts or materials which have been or are still to be imported (whether

by the supplier or his subcontractors) and which costs are inclusive of the costs abroad,

plus freight and other direct importation costs such as landing costs, dock dues, import

duty, sales duty or other similar tax or duty at the South African place of entry as well

as transportation and handling charges to the factory in the Republic where the goods

covered by the bid will be manufactured.

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

imported content provided that local manufacture does take place.

1.18. “Manufacture” means the production of products in a factory using labor, materials,

components, and machinery and includes other related value-adding activities.

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

rendering of a service.

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

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

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

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

1.24. “Services” means those functional services ancillaries to the supply of the goods,

such as transportation and any other incidental services, such as installation,

commissioning, provision of technical assistance, training, catering, gardening,

security, maintenance and other such obligations of the supplier covered under the

contract.

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

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

1.26. “Tort” means in breach of contract.

1.27. “Turnkey” means a procurement process where one Consultant assumes total

responsibility for all aspects of the project and delivers the full end product / service

required by the contract.

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

mechanical writing.

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

of patent, trademark, or industrial design rights arising from use of the goods or any

part thereof by the purchaser.

6.2. When a supplier developed documentation / projects for the municipality / 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:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank

located in the purchaser’s country or abroad, acceptable to the purchaser, in the

form provided in the bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4. The performance security will be discharged by the purchaser and returned to the

supplier not later than thirty (30) days following the date of completion of the supplier’s

performance obligations under the contract, including any warranty obligations, unless

otherwise specified.

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

additional services, if any:

(a) performance or supervision of on-site assembly and/or commissioning of the

supplied goods.

(b) furnishing of tools required for assembly and/or maintenance of the supplied

goods.

(c) furnishing of a detailed operations and maintenance manual for each appropriate

unit of the supplied goods.

(d) performance or supervision or maintenance and/or repair of the supplied goods,

for a period agreed by the parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in

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

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

price for the goods, shall be agreed upon in advance by the parties and shall not

exceed the prevailing rates charged to other parties by the supplier for similar services.

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

materials, notifications, and information pertaining to spare parts manufactured or

distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier,

provided that this election shall not relieve the supplier of any warranty obligations

under the contract; and

(b) in the event of termination of production of the spare parts:

(i) advance notification to the purchaser of the pending termination, in sufficient

time to permit the purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the

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

15. Warranty

15.1. The supplier warrants that the goods supplied under the contract are new, unused, of

the most recent or current models and that they incorporate all recent improvements in

design and materials unless provided otherwise in the contract. The supplier further

warrants that all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or material is required

by the purchaser’s specifications) or from any act or omission of the supplier, that may

develop under normal use of the supplied goods in the conditions prevailing in the

country of 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 destination

indicated in the contract, or for eighteen (18) months after the date of shipment from

the port or place of loading in the source country, whichever period concludes earlier,

unless specified otherwise.

15.3. The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

15.4. Upon receipt of such notice, the supplier shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs

to the purchaser.

15.5. If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, the purchaser may proceed to take such remedial action as may be

necessary, at the supplier’s risk and expense and without prejudice to any other

rights which the purchaser may have against the supplier under the contract.

20.1. The supplier shall notify the purchaser in writing of all subcontracts awarded under this

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 goods are required, or the supplier’s services

are not readily available.

21.4. Except as provided under GCC Clause 25, a delay by the supplier in the performance

of its delivery obligations shall render the supplier liable to the imposition of penalties,

pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to

GCC Clause 22.2 without the application of penalties.

21.5. Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without canceling the contract, be entitled to purchase goods of a

similar quality and up to the same quantity in substitution of the goods not supplied in

conformity with the contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim

damages from the supplier.

22.1. Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to

perform the services within the period(s) specified in the contract, the purchaser shall,

without prejudice to its other remedies under the contract, deduct from the contract

price, as a penalty, a sum calculated on the delivered price of the delayed goods or

unperformed services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also consider

termination of the contract pursuant to GCC Clause 23.

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

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

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified

in the contract, or within any extension thereof granted by the purchaser pursuant

to GCC Clause 21.2.

(b) if the supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the 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 like 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.

25.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be

liable for forfeiture of its performance security, damages, or termination for default if

and to the extent that his delay in performance or other failure to perform his obligations

under the contract is the result of an event of force majeure.

25.2. If a force majeure situation arises, the supplier shall promptly notify the purchaser in

writing of such condition and the cause thereof. Unless otherwise directed by the

purchaser in writing, the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical and shall seek all reasonable alternative

means for performance not prevented by the force majeure event.

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

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such termination

will not prejudice or affect any right of action or remedy, which has accrued or will

accrue thereafter to the purchaser.

27.1. If any dispute or difference of any kind whatsoever arises between the purchaser and

the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

27.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by

such mutual consultation, then either the purchaser or the supplier may give notice to

the other party of his intention to commence with mediation. No mediation in respect of

this matter may be commenced unless such notice is given to the other party.

27.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in

a South African court of law.

27.4. Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract

unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier for goods

delivered and / or services rendered according to the prescripts of the contract.

28.1. Except in cases of criminal negligence or willful misconduct, and in the case of

infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise,

for any indirect or consequential loss or damage, loss of use, loss of production,

or loss of profits or interest costs, provided that this exclusion shall not apply to

any obligation of the supplier to pay penalties and/or damages to the purchaser;

and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract,

in tort or otherwise, shall not exceed the total contract price, provided that this

limitation shall not apply to the cost of repairing or replacing defective equipment.

(1) Attend site handover.

(2) Issue DESIGN documentation in accordance with the documentation schedule

including, in the case of structural engineering, reinforcing bending schedules and

detailing and specifications of structural steel sections and connections.

(3) Carry out contract administration procedures in terms of the contract.

(4) Prepare schedules of predicted cash flow.

(5) Prepare proactive estimates of proposed variations for client decision making.

(6) Attend regular site, technical and progress meetings.

(7) Inspect works for conformity to contract documentation.

(8) Adjudicate and resolve financial claims by contractor(s).

(9) Assist in the resolution of contractual claims by the contractor.

(10) Establish and maintain a financial control system.

(11) Clarify details and descriptions during DESIGN as required.

(12) Prepare valuations for payment certificates to be issued.

(13) Witness and review of all tests and mock ups carried out both on and off site.

(14) Check and approve contractor drawings for design.

(15) Update and issue drawings register.

(16) Issue contract instructions as and when required.

(17) Review and comment on operation and maintenance manuals, guarantee

certificates and warranties.

(18) Inspect the works and issue practical completion and defects lists.

(19) Arranging for the delivery of all test certificates, including the Electrical Certificate

of Compliance, statutory and other approvals, as built drawings and operating

manuals.

(1) Inspect and verify the rectification of defects.

(2) Receive, comment and approve relevant payment valuations and completion

certificates.

(3) Prepare and / or procure operations and maintenance manuals, guarantees and

warranties.

(4) Prepare and / or procure as-built drawings and documentations.

(5) Conclude the final accounts where relevant.

This tender will be evaluated on the 80/20 preferential procurement policy framework (PPPFA) Regulations. The

evaluation criteria will be based on the following functionalities

Evaluation criteria will be based on the preferential points system whereby the specific goals and functionality

criteria / pre-qualification per Specific Goals will be considered as follows

No Key aspect of criterion Points Verification Method.

(6 points per project) reference letter)

Years’ Experience. (10 Points)

Experience. (5 Points)

 Comprehensive (20 Points)

 Moderate (10 Points)

 Poor (05 Points)

 20 Points for Branch Office Within rates and taxes statement/valid lease

 10 Points for Branch Office Within

 05 Points for Branch Office Within

Total Points 100

Specific Goals

Goal Method of Evaluation Points

12. Functionality table

similar quality and up to the same quantity in substitution of the goods not supplied in

other investigations where such information will be required for Stage 2 including