Three-year panel of contractors (CIDB 4-9 ce/gb) – kwazulu-natal tender

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Returnable Documents: ELIGIBILITY TO TENDER: Contractors registered and in good standing with CIDB with grading 4-9 CE/GB, specific goals in line with uMlalazi Municipality SCM policy as per MBD 6.1 will be applicable and determined, on 035 – 473 3300 ext. 3445. Tenderers are requested to register on Central Supplier Database (CSD), (iv) Competencies of key personnel., Health and Safety Officer Health and Safety Qualification

Only contractors registered with CIDB in grading 4-9 CE (Civil Engineering) or GB (General Building) and in good standing are eligible. Bidders must attend the compulsory briefing session and comply with all returnable document requirements. They must not have any municipal arrears for more than 3 months and must not have failed to perform satisfactorily on previous contracts within the last 5 years. Joint ventures must provide a Joint Venture Agreement and Power of Attorney.

Number Briefing and Time

Session

Forman Secondary education with

Health and Safety Officer Health and Safety Qualification

3.6.1.1. The company must use qualified and experienced personnel to perform the required

services.

3.6.1.2. It is a requirement of this contract that qualified and experienced personnel may perform

work. Should it be proven that un-qualified personnel are being utilized to perform the

work, the Service Provider’s contract may be terminated.

3.7. Transfer of skills

3.7.1. Skills transfer must be provided during execution of the project where it is practically possible.

The officials to whom skills must be transferred to are limited to number of officials

nominated by employer on the commencement meeting.

3.8. Successful service provider to submit proposed skills transfer strategy on the project as

requirement of this tender.

3.9. This schedules shall be read together with skill transfer clause of this contract. The uMlalazi

Municipality is striving to capacitate its technical personnel in relation to provision of this

service.

3.10. The service provider must ensure that skills are transferred during execution of the project or

provision of work and the skill transfer shall be offered within the tendered price/ allocated

amount.

3.11. Skills transfer aspects:

(i) Construction activities where deemed necessary.

3.12. The following conditions also apply:

(i) Failure to transfer skills shall constitute breach of this contract.

(ii) Skill transfer to take place at Company office/Project Site submitted at tender stage

or at Municipal office where appropriate.

(iii) Editable version documents will be produced and left with the municipality for

future use.

(iv) Only professional registered person be used to transfer skills or competent and

experienced person as approved by the municipality.

(v) Prior arrangements will be made by the municipality to ensure the availability of

the nominated personnel.

4. Appointments of work/projects and pricing data

4.1. Criteria For Appointment For Specific Project/ Job

4.1.1. Appointment will be subject to competitive bidding within service providers appointed on

the panel.

4.1.2. Panel Appointed Bidders will be invited to tender for a specific nature of the project with

which they are appointed for, inline with uMlalazi SCM policy

4.1.3. During the panel period certain returnable documents will be requested as needed to verify

validity or compliance.

4.1.4. Further functionality specific to the project may apply as attributed by project complexity.

4.1.5. Amount of work to be given to the appointed service providers will be determined by the

municipality from time to time guided by the need and available funding.

4.1.6. The municipality does not bind itself to give work/ appoint all appointed Service providers

in this panel for specific job.

4.2. Pricing

4.2.1. The price must be unconditional.

4.2.2. Vendors not registered for Value Added Tax with SARS will be treated as Non VAT

vendors.

4.2.3. Tenderers to submit tender prices in accordance with the description, requirements and

sections as indicated in the tender documents.

4.2.4. The Municipality reserves the right to negotiate a reasonable price with the lowest

acceptable bid prior final recommendation is made.

4.2.5. The tenderer must make provision for all machinery labour, material, equipment and all

non-incidentals needed for the execution and implementation of the contract in accordance

of the tender document.

4.2.6. The Pricing Strategy is a re-measurement Contract, meaning scheduled quantities are just

estimates or worst-case scenario, the actual work will measured for payments.

5. Payment conditions

5.1. Payment Instruction

5.1.1. Payment will not be made for work or services performed that fall outside the ambit of

the contract and approved Contract Price, all variation orders must be approved in

writing by a person authorized to do so.

5.1.2. Payment will be made by the municipality to the Service Provider upon delivery of

service, which payment will be made via electronic transfer of funds to the Contractor’s

financial institution subject receipt of a valid tax invoice accompanied with relevant

supporting documents specified in this contract.

5.1.3. Where applicable progress payment claims shall be submitted in the same format,

accompanied by an original tax invoice

5.1.4. The Service Provider is obliged to submit the invoice together with a signed monthly

reports, travel log books, job card or municipal time sheet (whichever is applicable) and

job card/time sheet must be properly filled and reflect worked hours / quantity of work

done, site name etc. Failing which no work shall be certified for payment.

5.1.5. Valid tax invoice must be submitted on the last day of each month and payment shall be

made in 30 days after date of invoice.

5.1.6. In the event that the Municipality is not satisfied with the performance of the Service

Provider, the Municipality shall give written notice to this effect to the Service Provider

providing sufficient detail and a reasonable time frame to enable the Service Provider to

rectify such performance.

5.1.7. The municipality is not obliged to pay for incomplete delivered services. In the event of

the entire amount or a portion of the invoice being disputed by the Municipality, the entire

invoice amount shall be withheld, until the dispute is resolved. The undisputed portion

may be paid on municipality’s discretion subjected to nature and conditions of services

and submission of the revised invoice amount as such payment may render the contract

irregular.

5.1.8. Invoice will be only be certified for payment once complete goods/services have been

delivered /rendered, and the municipality accepts no ownership, responsibility, security

for materials/product/ equipment/services whatsoever, until the goods/services are

delivered /rendered.

5.2. Penalties

5.2.1. If the service provider fails to perform any or all services within the period(s) specified

in the contract, the Municipality shall, without prejudice to its other remedies under

the contract, deduct from the contract price, as a penalty, an amount specified on

each project requirements, of the delay until actual delivery or performance. The

Municipality may also consider applying termination clause of the contract should

non-compliance with delivery timeframes constitutes gross breach of this contract.

5. Form of CIDB category and grading submitted for this bid

The Service provider to mark with “Yes/ No” the category and grading submitted for this tender

and this information will be used for evaluation purposes and the appointment letter shall reflect

awarded CIDB categories and grading as requirements of this tender.

4-9 CE/GB only

Item CIDB grading category and grading level Ownership Supporting Document

Yes No

1 4 ce

2 5 ce

3 6 CE Categories and grading

4 7 CE levels reflected on the CIDB

5 8 CE registration certificate.

6 9 ce

7 4 gb

8 5 gb

9 6 gb

10 7 gb

11 8 gb

12 9 gb

Compulsory Note: Successful Service providers will only be awarded part indicated above

subject to compliance with CIDB requirements.

Signature: (of person authorized to sign the tender): ...................................................

Name: (of signatory in capitals): ............................................................................

Capacity: (of Signatory): ..............................................................................

Name of Tenderer: (organization): .....................................................................

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

Telephone number:.................................... Fax number: ........................

Witness:......................................................................................................

Name / Signature: .......................................................................................

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

[Failure of a Tenderer to sign this part of the tender Form and Acceptance will invalidate the

tender]

6. Form of acceptance

Contract No: KZN ULM 08/26/27

By signing this part of the Form of Offer and Acceptance, the Employer identified below accepts the Tenderers

Offer. In consideration thereof, the Employer shall pay the Service Provider the amount due in accordance

with the Conditions of Contract identified in the Contract data. Acceptance of the Tender’s Offer shall form

an agreement between the Employer and the Tenderer upon the terms and conditions contained in this

Agreement and in the Contract that is the subject of this Agreement.

Signature : ________________________ DATE: ___________________

Name (in capitals) : MR NN SHANDU

Capacity : MUNICIPAL MANAGER

Name of Employer : uMLALAZI MUNICIPALITY

Address : P.O BOX 37

Eshowe

3815

Witness Signature : ______________________________________________

Name (in capitals) : ______________________________________________

Date : ______________________________________________

7. Returnable and schedule documents

Notes

(i) Bidders are required to submit all returnable documents listed in this bid on item 2.6 and to take note

of each remarks made to weigh compliance with the critical requirements of this bid.

(ii) All returnable schedule documents must be fully completed and signed.

(iii) Bidders are required sign each page of returnable documents on the space provided as an

acknowledgment of requested documentation.

(iv) All pages with allocated signatory space on the bottom must be signed.

(v) Proof of purchase of tender documents is required from bidders who purchased the tender document

directly from municipality only.

(vi) Bidders to take note of returnable and schedule documents which applies based on submitted tender

price. The following returnable documents are compulsory if the tender price is 10 million or above.

a. Audited annual financial statements if offer is above R10 Million.

b. MBD5 Declaration for procurement above R10 Million (All applicable taxes included)

Signed on behalf of tenderer : ...................................................................

A. Proof of purchase of tender document

(Applicable to purchased tender documents only)

Attach reciept to this page

Signed on behalf of tenderer : ...................................................................

B. Certificate of attendance of compulsory briefing session

Project name: three year panel of contractors – CIDB grading 4-9 ce/gb

Only

(Please print)

It is hereby CERTIFIED that I, ........................................................................ (name) in my

capacity as........................................................................and a duly authorized

representative of.............................................................................. (the TENDERER)

of (address)......................................................................................................

in the company of..............................................................................(the Municipality)

attended the official briefing session on ................................................................(date)

for and on behalf of the above-named Tenderer.

I hereby further DECLARE that I am satisfied with the description of the Works and the explanations given by

the above-named Engineer or Municipal official.

Particulars of person(s) attending the meeting:

Name: ....................................................... Signature: ....................................................

Capacity: ......................................................

Name: ........................................................ Signature: ......................................................

Capacity: ........................................................

Attendance of the above person(s) at the meeting is confirmed by the Employer's representative,

namely:

Name: ................................................. Signature: ............................................

Capacity: ....................................................Date and Time: ..................................

Municipality Date Stamp

Three year panel 4-9 KZN ULM 18 August 2026 01 September Category A1 & A2

of contractors – CE/GB 08/26/27 at 11 KV 2026 at 11 KV (Construction and

CIDB grading 4-9 only Challenor Challenor Rehabilitation of Roads)

CE/GB only Street, Eshowe Street, Eshowe Grade 4CE-5CE & 6CE-9CE

at 10h00 at 12h00

• Experience of the bidder =

• Qualification of site agent

= 10

• Plant = 30

Category B1 & B2

Causeways Grade 4CE-5CE

& Grade 6CE-9CE

• Experience of the bidder =

• Qualification of site agent

= 10

• Construction Method

Statement = 15

Category C1 & C2

of Community Facilities

(Sport Facilities and

Community Halls)

Grade 4CE-5CE & 6CE-

9Ce

• Experience of the bidder =

• Qualification of site agent =

• Construction Method

Statement = 15

ELIGIBILITY TO TENDER: Contractors registered and in good standing with CIDB with grading 4-9 CE/GB

only to submit tenders.

2.7. Evaluation method

2.7.1. Eligibility to tender only if it is applicable and specified in the bid.

2.7.2. Compliance with completion of tender document as per item 2.3 in this bid document.

2.7.3. Compulsory returnable documents.

2.7.4. Functionality (as per criteria on item 9 in this bid document) if it is applicable to this

bid.

2.7.5. Price and preferential procurement system as specified in the bid.

2.8. Validity period

N/a

2.9. Competence of key personnel and quality

2.9.1. To carry out and complete work the Service Provider shall employ only such person as

are careful competent and efficient in their various professions.

2.9.2. All key personnel presented by the tenderer during bidding stage for evaluation purposes

must be maintained or remain unchanged for the duration of the contract “ no substitution

without municipity’s written approval will be allowed’’

2.9.3. Appointed bidder will be required to maintain all quality presented during bidding process

which has significantly influenced decision making in awarding of this tender, this shall

be part of the service level agreement.

2.10. Location and geographical size of the municipality

The administrative center of uMlalazi Local Municipality (KZN284) (Eshowe) is situated

along the north eastern coast of Kwa Zulu Natal, 140km north east of Durban. UMlalazi

municipality is located within King Cetshwayo District. Geographically, the municipal area

covers 2 217km2 and consist of 28 electoral wards with dominance of rural wards, and there

are 14 tribal authority areas of which AmaKhosi are custodians thereof on behalf of the

Contract Manager Minimum NQF Level 4 with Service Vehicle

relevant experience.

3.6.1.1. The company must use qualified and experienced personnel to perform the required

services.

3.6.1.2. It is a requirement of this contract that qualified and experienced personnel may perform

work. Should it be proven that un-qualified personnel are being utilized to perform the

work, the Service Provider’s contract may be terminated.

3.7. Transfer of skills

3.7.1. Skills transfer must be provided during execution of the project where it is practically possible.

“Three year panel of contractors – CIDB grading 4-9 ce/gb only”

must reach the Municipal Manager, uMlalazi Municipality, by hand and placed in the Tender

Box at the SCM offices, KV Challenor road (industrial Area), by no later than 12:00 pm on the

date as per advert where they will be opened in public. NB: Late tenders, telegraphic or

facsimile tenders will not be considered.

2.3 Completion of tender document

2.3.1 Tender document must duly completed in very manner and all required returnable

documentation must be furnished as specified in this bid.

2.3.2 Fraudulent practice will result to disqualification of the bid and any further

corrective actions that may be required.

2.3.3 Forms in this tender document must be completed and signed.

2.3.4 All pages allocated signing spaces must be signed.

2.3.5 Tenderers will make provision for all machinery, labour, material, equipment and all

non-incidentals needed for the execution and completion of the project in accordance

with the tender documents.

2.4 Authority for signing

3.3.1. CIDB “ ce/gb” category - road repairs and maintenance

(i) New Construction /Rehabilitation of Gravel Roads

(ii) New Construction/Rehabilitation of Blacktop roads

(iii) Construction of (Bridges and Causeways)

(iv) New Construction/ Rehabilitation of Sport Facilities

(v) New Construction/ Rehabilitation of Community Halls

(vi) And all other construction services that falls under Civil Engineering (CE)/ General

Building (GB) category as per the Construction Industry Development Board (CIDB)

3.1. Project site

Geographically uMlalazi Municipality covers 2 217 Km2 and have 28 wards. Projects will be located

within 28 wards of uMlalazi Municipality based on the approved projects for implementation.

3.2. Obligations and responsibilities of the service provider

3.2.1. Provide, perform and complete the quality services in a proper, efficient and prompt manner

and in accordance with the project specifications and contract requirement in terms of the

agreement.

3.2.2. To maintain for the duration of the contract all quality presented during bidding process has

materially influenced decision making in awarding of this tender which shall form part of

annexures on the contract agreement.

3.2.3. 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.

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

contracts if not already specified in the bid. Such notification, in the original bid or later, shall

not relieve the supplier from any liability or obligation under the contract.

3.2.5. To maintain good standing with South African Revenue Service (tax matters) and Central

Supplier Data base (CSD), Compensation for Occupational Injuries and Diseases Act

(COIDA) for the duration of the contract.

3.2.6. Adhere to all health and safety requirements in accordance with OHSA.

3.2.7. The service to adhere to prescribed response time and be available 24 hours/ week-ends to

attend to emergencies.

3.2.8. To deliver goods/commencement of services as per set time frames as may be finally agreed

on the contract/ service level agreement;

3.2.9. Attended all contract administration meeting scheduled by municipality at service providers

costs and must be attended by senior level delegates as indicated in the meeting invitation.

3.2.10. The Service Provider shall immediately give notice of any circumstances preventing them

from completing their obligations in terms of the contract.

3.2.11. Invite responsible Municipal official for inspection and certifying work done prior leaving

site or during progress of work as per agreed quality management in the contract.

3.3. Monitoring, reporting and performance management

3.3.1. This Contract will be monitored on regular basis and performance/ progress report will be

required to be submitted as a supporting documents to service provider’s invoice where

required by municipality.

3.3.2. The Municipality reserves the right to introduce or put in place additional performance

measures as and when required, as deemed necessary during contract administration.

3.3.3. Inspections and testing requirements that may apply

(i) Service provider’s premises

(ii) Quality of materials used and any other quality control tests in relation to the

supplies/ services.

(iii) Workmanship and compliance with specification of services/goods procured.

(iv) Project stages/ mile stones as set out in the contract document.

3.3.4. Monitoring , performance and reporting requirements includes but not limited to:

(i) Measuring of performance against set performance indicators or specifications of

goods/services.

(ii) Submit, written reports on the project progress report or any supporting documents

of service performed/ work done as per the requirements of the contract.

(iii) Presentation of progress/performance reports during the contract.

3.3.5. Format of communication

(i) All requests for formal approval from the Employer, or any other body, shall be

submitted in writing in hardcopy format. Ad-hoc communication between the

Contents ............................................................................................................................................... 2

1. Notice ........................................................................................................................................... 4
2. Instructions and conditions of tender ............................................................... 9
3. Scope of work and specifications of this tender ......................................... 15
4. Appointments of work/projects and pricing data ....................................... 23
5. Form of CIDB category and grading submitted for this bid .................. 26
6. Form of acceptance ....................................................................................................... 27
7. Returnable and schedule documents ................................................................ 28

A. Proof of purchase of tender document ............................................................. 29

B. Certificate of attendance of compulsory briefing session ................. 30

C. Tax clearance certificate requirements ........................................................ 31

Documents of all directors ..................................................................................... 32

E. Proof of central supplier database registration ...................................... 33

F. Rates and municipal services clearance certificate ............................... 34

G. Workmen’s compensation ........................................................................................... 35

H. Audited annual financial statements statemets ....................................... 36

I. CIDB registration cerificate .................................................................................... 37

Returnable schedule documents ............................................................................. 38

4.1. Criteria For Appointment For Specific Project/ Job

4.1.1. Appointment will be subject to competitive bidding within service providers appointed on

the panel.

4.1.2. Panel Appointed Bidders will be invited to tender for a specific nature of the project with

which they are appointed for, inline with uMlalazi SCM policy

4.1.3. During the panel period certain returnable documents will be requested as needed to verify

validity or compliance.

4.1.4. Further functionality specific to the project may apply as attributed by project complexity.

4.1.5. Amount of work to be given to the appointed service providers will be determined by the

municipality from time to time guided by the need and available funding.

4.1.6. The municipality does not bind itself to give work/ appoint all appointed Service providers

in this panel for specific job.

4.2. Pricing

4.2.1. The price must be unconditional.

4.2.2. Vendors not registered for Value Added Tax with SARS will be treated as Non VAT

vendors.

4.2.3. Tenderers to submit tender prices in accordance with the description, requirements and

sections as indicated in the tender documents.

4.2.4. The Municipality reserves the right to negotiate a reasonable price with the lowest

acceptable bid prior final recommendation is made.

4.2.5. The tenderer must make provision for all machinery labour, material, equipment and all

non-incidentals needed for the execution and implementation of the contract in accordance

of the tender document.

4.2.6. The Pricing Strategy is a re-measurement Contract, meaning scheduled quantities are just

estimates or worst-case scenario, the actual work will measured for payments.

Valid tax clearance certificate (original) valid as at date of tender closing Compulsory

Central supplier database registration

Central Supplier Database (CSD)

Joint Venture Agreement in this bid

Joint Venture Agreement and

Power of Attorney in case of Joint Ventures

appointment letter shall reflect

PROOF OF PLANT AND EQUIPMENT (if applicable)

• Qualification of site agent
• Qualification of site agent =

ELIGIBILITY TO TENDER: Contractors registered and in good standing with CIDB with grading 4-9 CE/GB

specific goals in line with uMlalazi Municipality SCM policy as per MBD 6.1 will be applicable and determined

on 035 – 473 3300 ext. 3445. Tenderers are requested to register on Central Supplier Database (CSD)

with CIDB with grading 4-9 CE/GB

must include an acceptable Joint Venture Agreement in this bid.

B-BBEE Minimum Level: 4

B-BBEE Details: e bidder =

• Qualification of site agent =
• Construction Method

Statement = 15

ELIGIBILITY TO TENDER: Contractors registered and in good standing with CIDB with grading 4-9 CE/GB

only to submit tenders.

Sealed tenders endorsed tender number and description must reach the Municipal Manager, uMlalazi

Municipality, and must be hand delivered and placed in the Tender Box at the Municipal Buildings, KV Challenor

Street, Eshowe by no later than 12h00 on the above stipulated dates.

This tender will be evaluated based on returnable documents and functionality. Tenderers to note that selected

specific goals in line with uMlalazi Municipality SCM policy as per MBD 6.1 will be applicable and determined

on each project during projects appointment stage, where 80/20-point system shall apply.

Registration on the Councils Database is preferred prior to the submission and closing of the tender. It is the

responsibility of the Tenderer to ensure that the Data Base registration documents are received by the Supply Chain

Management Office. Further information in this regard can be obtained from the Supply Chain Management Unit

on 035 – 473 3300 ext. 3445. Tenderers are requested to register on Central Supplier Database (CSD)

Tender documents are available on E-Tenders Portal at no cost. The purchased tender documents must be collected

at the Municipal offices Financial Services Revenue Section, Hutchinson Street, Eshowe on Monday to

Fridays from 08:30 to 14:30. Tender Documents will be available from 03 August 2026 up to 17 August 2026

at a non-refundable cost of R1000.00. EFT payments will be accepted and must be made on or before 16:00 pm

on the last day of purchasing tender document. Payment may be deposited to uMlalazi Municipality as per the

following banking details; Firs

Points ...................................................................................................................................... 46

L. Declaration of interest .............................................................................................. 47

M. Declaration of bidder’s past supply chain management practices . 51

N. Certificate of independent bid determination .............................................. 53

O. Declaration for procurement above r10 million (all applicable

Taxes included) ................................................................................................................ 56

P. Agreement in terms of section 37(2) of the occupational health and

SAFETY ACT No .................................................................................................. 58

Q. Record of addenda to tender documents ........................................................ 61

R. Certicicate of authority sign documents ....................................................... 62

S. Amendments or qualifications by tenderer ................................................... 63

8. Functionality ....................................................................................................................... 64

Category “a” (construction and rehabilitation of roads)........................... 64

Category “a” (construction and rehabilitation of roads)........................... 65

Category “b” construction of bridges and causeways................................... 66

Category “b” construction of bridges and causeways................................... 68

Category “c” construction/rehabilitation of community facilities

(Sport faciities and community halls) ............................................................... 70

Category “c” construction/rehabilitation of community facilities

(Sport faciities and community halls) ............................................................... 72

8.1 Bidder’s previous experience references and performance report

Form ......................................................................................................................................... 74

8.2 Bidder’s previous experience ..................................................................................... 75

8.3 PROOF OF PLANT AND EQUIPMENT (if applicable) ........................................................... 77

8.4 Construction method statement (max 6 paged) headings to include

Approach method, activities (in construction sequence),

SAFETY (if applicable) ............................................................................................................. 78

For contract P. Agreement in terms of section 37(2) of the occupational health and safety act no .

purposes

become subject to an appeal process. As such, in terms of Section 62 of the Municipal

Systems Act , a period of fourteen (14) days will be set aside to allow for the

submission of appeals against the award / process of making the award to a particular bidder

by any interested party. Except in scenarios where the decision of a duly appointed appeal

panel sets aside the appointment of the successful bidder as the service provider for this

contract, the appointment will then be confirmed by the municipality in writing.

2.16. General terms and conditions of this bid

2.16.1. Awarding of contract will be subject to the Service Provider’s acceptance of offer

in writing.

2.16.2. Project personnel requirements will be confirmed during project initiation and shall

remain unchanged for the duration of the project, unless prior written consent has

been granted by the Municipality.

2.16.3. All secretarial services such as arranging meetings, setting of agenda’s and minute

taking shall be the responsibility of the Service Provider.

2.16.4. No material or information derived from the provision of the services under the

contract may be used for any other purposes except for those of the uMlalazi Local

5.1. Payment Instruction

5.1.1. Payment will not be made for work or services performed that fall outside the ambit of

the contract and approved Contract Price, all variation orders must be approved in

writing by a person authorized to do so.

5.1.2. Payment will be made by the municipality to the Service Provider upon delivery of

service, which payment will be made via electronic transfer of funds to the Contractor’s

financial institution subject receipt of a valid tax invoice accompanied with relevant

supporting documents specified in this contract.

5.1.3. Where applicable progress payment claims shall be submitted in the same format,

accompanied by an original tax invoice

5.1.4. The Service Provider is obliged to submit the invoice together with a signed monthly

reports, travel log books, job card or municipal time sheet (whichever is applicable) and

job card/time sheet must be properly filled and reflect worked hours / quantity of work

done, site name etc. Failing which no work shall be certified for payment.

5.1.5. Valid tax invoice must be submitted on the last day of each month and payment shall be

made in 30 days after date of invoice.

5.1.6. In the event that the Municipality is not satisfied with the performance of the Service

(i) “Closing time” means the date and hour specified in the bidding documents for the receipt

of bids.

(ii) “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.

(iii) “Contract price” means the price payable to the supplier under the contract for the full

and proper performance of his contractual obligations.

(iv) “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of

value to influence the action of a public official in the procurement process or in contract

execution.

(v) "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by

its government and encouraged to market its products internationally.

(vi) “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.

(vii) “Day” means calendar day.

(viii) “Delivery” means delivery in compliance of the conditions of the contract or order.

(ix) “Delivery ex stock” means immediate delivery directly from stock actually on hand.

(x) “Delivery into consignees store or to his site” means delivered and unloaded in the

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

contract or order, the supplier bearing all risks and charges involved until the supplies are

so delivered and a valid receipt is obtained.

(xi) "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.

(xii) ”Force majeure” means an event beyond the control of the supplier and not involving the

supplier’s fault or negligence and not foreseeable, 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.

(xiii) “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.

(xiv) “GCC” means the General Conditions of Contract.

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

required to supply to the purchaser under the contract.

(xvi) “Manufacture” means the production of products in a factory using labour, materials,

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

(xvii) “Order” means an official written order issued for the supply of goods or works or the

rendering of a service.

(xviii) “Project site,” where applicable, means the place indicated in bidding documents.

(xix) “Municipality/Council/Client” means uMlalazi Municipality which is the purchaser of

goods or services.

(xx) “Purchaser” means the organization purchasing the goods/ services.

(xxi) “Supplier” means the appointed service provider to supply goods/provide services to

municipality.

(xxii) “Republic” means the Republic of South Africa.

(xxiii) “SCC” means the Special Conditions of Contract.

(xxiv) “Services” means those functional services ancillary to the supply of the goods, such

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

provision of technical assistance, training, catering, gardening, security, maintenance and

other such obligations of the supplier covered under the contract.

(xxv) “Written” or “in writing” means handwritten in ink or any form of electronic or

mechanical writing.

(xxvi) Certified copy’ means true and accurate representation of original by an authorized

person (Not a copy of a certified copy).

(xxvii) “Returnable documents” refers to listed documents to be submitted together with the

bid document including forms to be completed by the bidder.

(xxviii) “Returnable Schedule documents” refers to forms or parts of the bid document within

the returnable documents that require to be completed by bidder or stated input from the

bidder.

and remain in force unless replacement submission is made and accepted by the municipality.

2.5 Acceptance of tenders

2.5.1. The Bidder or a competent authorised representative of the Service Provider who

submitted the tender has attended the compulsory briefing meeting (if applicable to this

tender).

2.5.2. The tender offer is signed by a person authorised to sign on behalf of the Bidder.

2.5.3. A Bidder who submitted a tender as a Joint Venture if accepted in the bid document,

must include an acceptable Joint Venture Agreement in this bid.

2.5.4. Acceptance of the tender will not guarantee that the programme, methods and other

details will be approved. Municipality may consider reviewing such prior entering into

a contract agreement.

2.5.5. The Municipality does not bind itself to accept the lowest or any other bid and reserves

the right to accept the whole part of the bid.

2.5.6. The uMlalazi Municipality will not be held responsible for any cost incurred for

submitting this tender.

2.5.7. Failure to comply with the foregoing instructions may lead to the tender not being

considered.

2.5.8. When the bid is accepted, the successful tenderer will be informed and the contract

negotiated indicating the financial implications and terms of service will be entered into.

2.5.9. In terms of Section 38 of the Supply Chain Management Policy the Municipality

reserves the right to reject any Bid:

(i) If any municipal rates and tariffs or municipal service charges owed by that Company

owner or any of its directors to the municipality or municipal entity or to any other

municipality or municipal entity are in arrears for more than 3 (three) months.

(ii) Who in last 5 (five) years has failed to perform satisfactory on a previous contract

with the municipality or municipal entity or any other organization of state after

written notice was given to that Service Provider that performance was unsatisfactory.

2.5.10. Late tenders, electronic mailed, electronic filling/completing of tender document, computer

edited or altered tenders will NOT be accepted.

2.5.11. Corrupt practices of any kind such as canvassing in gift of Municipality is strictly

prohibited and will lead to disqualification of the bid.

2.5.12. Registration on the Councils Database shall be mandatory to the successful bidder.

2.16.5. Use of contract documents and information;

2.16.5.1. The service provider shall not, without the municipality’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.

2.16.5.2. The service provider shall not, without the municipality’s prior written consent,

make use of any document or information mentioned in 2.16.5.1 above, except for

purposes of performing the contract.

2.16.5.3. Any document, other than the contract itself mentioned in 2.16.5.1 above shall

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

municipality on completion of the service provider’s performance under the

contract if so required by the municipality.

2.16.5.4. The service provider shall permit the municipality to inspect the service provider’s

records relating to the performance of the supplier and to have them audited by

auditors appointed by the municipality, if so required by the municipality.

2.17. Contractagreement/service level agreement

2.17.1. The successful Service Provider may sign a Service Level Agreement linked to

requirements of the panel if municipality deemed necessary.

2.17.2. Project of Service specific Contract/ Service Level Agreement shall be signed with

the Municipality read together with terms of this bid document.

2.17.3. The concluded contract agreement shall include termination for default, settlement and

dispute resolution for this contract and any other imperative conditions of the services

to ensure effective delivery of goods/services.

2.17.4. The terms and conditions of this bid document shall form part of contractual

document and may be used as evidence in any dispute, read together with service

level agreement or in the event of no contract/service level agreement signed.

2.17.5. Draft contract or service level agreement is included in this document for tendering

purposes.

format (e-mail).

(ii) All plans and contract documents submitted for approval shall be in hardcopy

format.

3.6.6 Contract administration meetings

(i) To be able to manage the contract, the Employer and Service Provider will have

various meetings, to proactively and jointly manage and minimise adverse risks during

execution of the contract. The attendees shall have the necessary delegated authority

to make decisions in respect of matters discussed at such meetings.

(ii) Regular meetings of a general nature and special meeting may be convened and

chaired by the municipality or municipality’s agent, number of meetings per month

will be determined by Municipality as needed.

(iii) All meetings shall be recorded using minutes or a register prepared and circulated by

the person who convened the meeting. Such minutes or register shall not be used for

the purpose of confirming actions or instructions under the contract as these shall be

done separately by the person identified in the conditions of contract to carry out such

actions or instructions.

3.4. Other contract administration conditions

3.4.1. Patent rights

3.4.1.1. The service provider shall indemnify the municipality against all third-party claims of

infringement of patent, trademark, or industrial design rights arising during rendering of

service or from use of the goods or any part thereof by the municipality.

3.4.2. Insurance

3.4.2.1.The goods/ services supplied under the contract shall be fully insured for an amount (as

determined on each project specification) against loss or damage incidental to manufacture

or acquisition, transportation, storage and delivery as per the contract

3.4.3. Performance security

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

shall furnish to the municipality the performance security of the amount of 10% of the

contract value as determined by the municipality on each project specification.

3.4.3.1.The proceeds of the performance security shall be payable to the municipality as

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

under the contract and shall be administered as set out in the contract.

3.4.4. Warranty and guarantee

3.4.4.1.The service provider warrants that the goods supplied under the contract are new, unused.

defect, arising from design, materials, or workmanship.

3.4.4.2.This warranty shall remain valid for (as determined on each project specification) months

after the goods, or any portion thereof as the case may be, have been delivered to and accepted

at the final destination indicated in the contract.

3.4.4.3. This guarantee shall remain valid for (as determined on each project specification) days

after the goods, or any portion thereof as the case may be, have been delivered to and accepted

at the final destination indicated in the contract.

3.4.5. Inspections, tests and analyses

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

3.4.5.2. If it is a bid condition that supplies/services to be produced or services to be rendered should

at any stage during production or execution or on completion be subject to inspection, the

work site, premises of the bidder or contractor shall be open, at all reasonable hours, for

inspection by a representative of the municipality or an person/organization acting on behalf

of the municipality.

3.4.5.3. 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 as set out in the contract agreement.

3.5. Other contractual documentation

The following documents must be submitted no later than (as determined on each project

specification) days prior commencement of work except those documents specified under

returnable documents and functionality requirements in this bid: e.g.

(i) Performance security (10% of the contract price).

(ii) Indemnity insurance (Insurance of work including third party).

(iii) Skill transfer strategy / plan as per requirements of this bid.

(iv) Competencies of key personnel.

(v) Initial Progarmme.

(vi) Cash Flow Projections

3.6. Minimum expertise/ staff/ competencies/resources required.

3.6.1. The Service Provider must have the following minimum resources to effectively provide

service.

3.10. The service provider must ensure that skills are transferred during execution of the project or

provision of work and the skill transfer shall be offered within the tendered price/ allocated

amount.

3.11. Skills transfer aspects:

(i) Construction activities where deemed necessary.

3.12. The following conditions also apply:

(i) Failure to transfer skills shall constitute breach of this contract.

(ii) Skill transfer to take place at Company office/Project Site submitted at tender stage

or at Municipal office where appropriate.

(iii) Editable version documents will be produced and left with the municipality for

future use.

(iv) Only professional registered person be used to transfer skills or competent and

experienced person as approved by the municipality.

(v) Prior arrangements will be made by the municipality to ensure the availability of

the nominated personnel.

providing sufficient detail and a reasonable time frame to enable the Service Provider to

rectify such performance.

5.1.7. The municipality is not obliged to pay for incomplete delivered services. In the event of

the entire amount or a portion of the invoice being disputed by the Municipality, the entire

invoice amount shall be withheld, until the dispute is resolved. The undisputed portion

may be paid on municipality’s discretion subjected to nature and conditions of services

and submission of the revised invoice amount as such payment may render the contract

irregular.

5.1.8. Invoice will be only be certified for payment once complete goods/services have been

delivered /rendered, and the municipality accepts no ownership, responsibility, security

for materials/product/ equipment/services whatsoever, until the goods/services are

delivered /rendered.

5.2. Penalties

5.2.1. If the service provider fails to perform any or all services within the period(s) specified

in the contract, the Municipality shall, without prejudice to its other remedies under

the contract, deduct from the contract price, as a penalty, an amount specified on

each project requirements, of the delay until actual delivery or performance. The

non-compliance with delivery timeframes constitutes gross breach of this contract.

Preferential Procurement Points claim from in terms of the preferential procurement Compulsory J.

Supporting documents for preferential procurement for goals points (refer to MBD 6.1) Further K.

table 1 evaluation

2.7. Evaluation method

2.7.4. Functionality (as per criteria on item 9 in this bid document) if it is applicable to this

2.9. Competence of key personnel and quality

2.9.2. All key personnel presented by the tenderer during bidding stage for evaluation purposes

2.9.3. Appointed bidder will be required to maintain all quality presented during bidding process

8. Functionality ....................................................................................................................... 64

(Sport faciities and community halls) ............................................................... 70

Construction administration, quality management, health and

Tender CIDB Tender Compulsory Closing Date Functionality

This tender will be evaluated based on returnable documents and functionality. Tenderers to note that selected

specific goals in line with uMlalazi Municipality SCM policy as per MBD 6.1 will be applicable and determined

on each project during projects appointment stage, where 80/20-point system shall apply.

J. Preference points claim form in terms of the preferential

Points ...................................................................................................................................... 46