Management and operation of herbertsdale waste transfer station and refuse collection in bartelsfontein, buisplaas, herbertsdale and kleinberg (3-Year contract)

{"closingDate":"16 OCTOBER 2026","closingTime":"12:00","briefingSession":"{"date":null,"time":null,"venue":"arrive or log in 15 minutes or more after the advertised time the meeting starts will not be allowed to attend","is_compulsory":true}"}

{"name":"Mr Warren","email":"[email protected]","phone":null,"department":"SUPPLY CHAIN MANAGEMENT","address":"BUISPLAAS, HERBERTSDALE AND KLEINBERG"}

Tender documents must be submitted on the original documents, fully completed and signed in black ink. Section 5 Declaration must be completed and signed. Documents may not be retyped. Missing pages or unauthorised alterations will result in disqualification. The complete original tender document must be returned.

Bidders must be registered on the Central Supplier Database (CSD). A valid SARS Tax Compliance Status Pin must accompany the bid. A valid B-BBEE Status Level of Contribution certificate is required to claim preference points. CIDB registration is required if applicable and must not be suspended, inactive or deregistered. Municipal rates and taxes accounts must be in order (no arrears exceeding three months). A valid Letter of Good Standing from the Compensation Commissioner is required. An authorised signatory resolution (or owner signature for sole proprietors) must be attached. Section 5 Declaration must be completed and signed. Joint ventures are permitted subject to submission of a joint venture agreement, individual SARS tax pins for all members, and a board resolution.

Supply chain management practices 41

4.7 Mbd9: certificate of independent bid determination 43

Section 5 declaration 46

Section 6 contract form 47

Joint venture agreement 49

OHS 52

Section 1.1: Invitation to tender

Closing time: 12:00 closing date: 16 october 2026

TDR26/2026/2027: management and operation of the herbertsdale waste transfer station

And collection of refuse in bartelsfontein, buisplaas, herbertsdale and kleinberg

Tenders are hereby invited for the appointment of a service

opening of the bid to the time the contract is awarded. If a bidder wishes to bring additional information to the

notice of the Mossel Bay Municipality, it should do so in writing to the Mossel Bay Municipality. Any effort by

the firm to influence the Mossel Bay Municipality in the bid evaluation, bid comparison or contract award

decisions may result in the rejection of the bid.

1.2.16 Opening, Recording and Publications of Tenders Received

(a) Tenders will be opened on the closing date immediately after the closing time specified in the bid

documents. If requested by any bidder present, the names of the bidders, and if practical, the total

amount of each bid and of any alternative offers will be read out aloud.

(b) Details of tenders received in time will be recorded in a register which is open to public inspection.

1.2.17 Evaluation of Tenders

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

8.2 If it is a bid condition that goods to be produced or services to be rendered should at any stage be subject to inspections, tests and

analyses, the bidder or contractor’s premises shall be open, at all reasonable hours, for inspection by a representative of the purchaser

or organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract

period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment

arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to be in accordance with the contract

requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether

such goods or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the

supplier.

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be

rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the

requirements of the contract. Such rejected goods shall be held at the cost and risk of the supplier who shall, when called upon, remove

them immediately at his own cost and forthwith substitute them with goods, which do comply with the requirements of the contract.

(Municipal Area/Province where Business is Located) *

CIDB REGISTRATION NR* (if applicable)

TENDER AMOUNT (VAT included)

• Rates

(* - To be completed by bidder)

SECTION 1 PAGE nr

1.1 Invitation to tender 3

1.2 Tender conditions and information 4

1.3 General conditions of contract 13

1.4 Special conditions of tender 19

Section 2

2.1 Pricing schedule 22

Section 3

3.1 Mbd1: bid requirements of the mossel bay municipality 26

Section 4

4.1 Mbd4: declaration of interest 29

4.2 Mbd5: declaration for procurement above r10 million 32

Mbd6.1: Preference points claim form in terms of the preferential

4.3 33

Procurement regulations, 2022

4.4 Municipal rates and taxes 39

4.5 Authorised signatory 40

4.6 Mbd8: declaration of bidder’s past supply chain management practices 41

4.7 Mbd9: certificate of independent bid determination 43

Section 5 declaration 46

Section 6 contract form 47

Joint venture agreement 49

OHS 52

Section 1.1: Invitation to tender

Closing time: 12:00 closing date: 16 october 2026

TDR26/2026/2027: management and operation of the herbertsdale waste transfer station

(d) The Tax Compliance Status Pin will be verified by the Municipality on the SARS website.

1.2.8 Other Documentation

1.2.8.1 Construction Industry Development Board (CIDB) (If applicable)

(a) When applicable, the bidder’s CIDB registration number must be included with the tender. The Municipality

will verify the bidder’s CIDB registration during the evaluation process.

(b) A bidder will be non-responsive, if the CIDB status of the bidder indicates suspended or inactive or

deregistered on the day of evaluation.

1.2.8.2 Municipal Rates, Taxes and Charges

(a) A copy of the bidder’s and those of its director’s/members municipal accounts (for the Municipality where the

bidder and its director’s/members pay their account) for the month preceding the quotation closure date

must accompany the bid documents. If such a copy does not accompany the bid document of the

successful bidder, the Municipality reserves the right to obtain such documents after the closing date to

verify that their municipal accounts are in order.

(b) Any bidder which is or whose directors are in arrears with their municipal rates and taxes or municipal

charges due to any Municipality or any of its entities for more than three months and have not made an

arrangement for settlement of same before the bid closure date will be unsuccessful. The arrangement for

settlement for the outstanding amount (which were done before the closing date of the bid), must also be

submitted with the bid document.

(c) If a bidder and its director’s/members rent their premises, the current lease agreement must be submitted

with the tender document, which indicates that the rental includes their municipal rates and taxes. If the

lease agreement indicates that the bidder or its director’s/members are responsible to pay the municipal

rates and taxes, the Municipal Account of the leased premises indicated must also be submitted.

(d) If a bidder and its director’s/members, do not own any property, they must submit the following:

(i) Affidavit from the bidder and its director’s/members, that they do not own any property;

(ii) Affidavit from the owner of the property where business is situated/director’s/members reside, that

the bidder and its director’s/members are not liable for the municipal rates and taxes.

(e) If a bidder and its director’s/members, lives outside of South Africa, an affidavit must be submitted.

(f) If a bidder or its director’s/members, lives outside of South Africa, an affidavit must be submitted by the

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.

will be assumed in the contract that the tenderer has taken into account when developing his prices.

2.1.1 The short descriptions and category number given in the pricing schedule below are brief descriptions used to

identify the activities for which prices are required.

2.1.2 While it is entirely at the tenderer’s discretion as regards to the pricing schedule below, guideline tariffs of fees

or indicative time-based fee rates are gazetted annually, which are useful documents that will give tenderers

some idea of industry norms against which they may compare their rates, sums, percentage fees and/or prices

as applicable.

2.1.3 For the purpose of the pricing schedule, the following words shall have the meanings hereby assigned to them:

Quantity: The number of units of work for each item.

Rate: The agreed payment per unit of measurement.

Amount: The product of the quantity and the agreed rate for an item.

2.1.4 A rate, sum, percentage fee and/or price as applicable, is to be entered against each item in the pricing

schedule. An item against which no price is entered will be considered as a no offer and will not be evaluated.

2.1.5 The rates, sums, percentage fees and prices in the pricing schedule are to be fully inclusive prices described

under the several items. Such prices and rates are to cover all costs and expenses that may be required in

and for the execution of the work described, and shall cover the cost of all general risks, liabilities, and

obligations set forth or implied in the Contract Data, as well as overhead charges and profit.

2.1.6 Where quantities are given in the pricing schedule, these are provisional and do not necessarily represent the

actual amount of work to be done. The quantities of work accepted and certified for payment will be used for

determining payments due and not the quantities given in the pricing schedule. In respect of time-based

services, the allocation of staff must be agreed with the employer before such services are rendered.

2.1.7 All rates, sum, percentage fees or prices (as applicable) tendered in the pricing schedule shall be final and

binding and shall not be subject to any variation throughout the period of the contract.

2.1.8 All prices must be inclusive of VAT and all other costs.

2.1.9 Only firm pricing will be accepted, non-firm prices (including prices subject to rates of exchange variations) will

not be considered. The prices for years two (2) and three (3) should include annual escalations.

2.1.10 Bidders are required to comply with the prescribed pricing schedule below. No pricing schedules other than

the pricing schedule as stated will be accepted and failure to adhere to this section will be seen as

submitting a non-responsive bid.

2.1.11 The bid will be evaluated on the total amount of the contract (Part 1 + Part 2 + Part 3), in other words the

amount per month multiplied by the estimate quantities for the envisage three financial years for Part 1 - 3.

in order. If no such document can be obtained within a period as specified by the Municipality, the bid will

be disqualified and will not be evaluated.

(d) If a bidder is a sole proprietor, no such documentation is required, provided that the document was

completed and signed by the owner.

1.2.10 Site / Information Meetings

(a) Site or information meetings, if specified (in the advert), are compulsory. Bids will not be accepted from

bidders who have not attended the compulsory site or information or online briefing meetings. Bidders that

arrive or log in 15 minutes or more after the advertised time the meeting starts will not be allowed to attend

the meeting or to sign the attendance register. If a bidder is delayed/have connection problems, he/she

must inform the contact person before the meeting commence and will only be allowed to attend the

meeting if the chairperson of the meeting as well as all the other bidders attending the meeting, give

permission to do so.

(b) All bidders, including ALL THE PARTNERS OF A JOINT VENTURE must attend the compulsory site or

information or online briefing meeting.

1.2.11 Samples

Procurement under the 80/20 preference

1 points system where the supplier or 10 6 4

service provider is located in:

Procurement under the 90/10 preference

2 points system where the supplier or 5 3 2

service provider is located in:

(d) Bidders must submit one of the following in order to receive points for the abovementioned criterion.

(i) Municipal Account of bidder’s address as indicated in bid document;

(ii) If the address as indicated in bid document is not in the name of the bidder, the latest lease agreement for

this address or sworn affidavit from the registered owner of the property stating occupancy by the bidder

is required.

(iii) The business address of the bidder as indicated in the MBD6.1 of the bid document as the business

premises should be established/leased prior to the advertisement date.

(iv) Only fully operational business premises will be accepted. All vacant erven, storage units and postal

addresses do not qualify as a business premises.

1.2.28 Letter of Good Standing from the Commissioner of Compensation

(a) A valid AND relevant Letter of Good Standing from the Compensation Commissioner or a copy thereof,

must accompany the bid documents.

(b) In the case of a Consortium/Joint Venture every member must submit a separate valid AND relevant Letter

of Good Standing from the Compensation Commissioner or a copy thereof with the bid documents.

(c) If a bid is not supported by a valid AND relevant Letter of Good Standing from the Compensation

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and

submission of a bid. Where applicable a non-refundable fee for documents may be charged.

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

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

plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other

than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in

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

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause

5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be

returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them

audited by auditors appointed by the purchaser, if so required by the purchaser.

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

a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional

payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional

payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to the purchaser

or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to goods or

services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount

which may be due to him.

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting

shall be deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be reckoned

from the date of posting of such notice.

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design

and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal

use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or

place of loading in the source country, whichever period concludes earlier, unless specified otherwise.

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

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair or replace the defective

goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take such

remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

16. Payment

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

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other

obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by

the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by

the supplier in his bid, with the exception of any price adjustments authorized or in the purchaser’s request for bid validity extension, as

the case may be.

18. Variation orders

18.1 In cases where the estimated value of the envisaged changes in purchase does not vary more than 15% of the total value of the original

contract, the contractor may be instructed to deliver the goods or render the services as such. In cases of measurable quantities, the

contractor may be approached to reduce the unit price, and such offers may be accepted provided that there is no escalation in price.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written

consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the bid. Such

notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by

the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely

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

at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall

be ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency

arises, the supplier’s point of supply is not situated at or near the place where the goods are required, or the supplier’s services are not

readily available.

21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause

22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be

entitled to purchase goods of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with

the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as

may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified

in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a

penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract

pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof

granted by the purchaser pursuant to GCC Clause 21.2; (b) if the supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the

contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner,

as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any

excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent

not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the supplier

by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier

fail to respond within the stipulated fourteen (14) days the purchaser may regard the supplier as having no objection and proceed with

the restriction.

23.5 Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be applicable to any other enterprise

or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise

of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the purchaser

actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the

following information:

(i) the name and address of the supplier and / or person restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction. These details will be loaded in the National Treasury’s central database of suppliers or persons

prohibited from doing business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt

Activities Act, No. , the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When

a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period

not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and

each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register

can be perused on the National Treasury website

24. Antidumping and countervailing duties and rights

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

a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional

payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional

payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to the purchaser

or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to goods or

services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount

which may be due to him.

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the

contract is the result of an event of force majeure. 25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser

in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to

perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or

otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of

the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the purchaser

or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter

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

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

27.4 Notwithstanding any reference to mediation and/or court proceedings herein, (a) the parties shall continue to perform their respective

obligations under the contract unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier for goods delivered and / or services rendered according to the

prescripts of the contract.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or wilful 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 amended, an agreement between, or concerted practice by,

firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is / are

or a contractor(s) was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the restrictive

practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition

of administrative penalties as contemplated in section 59 of the Competition Act No 89 0f 1998. 35.3 If a bidder(s) or contractor(s) has /

have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and

without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole

or part, and / or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding ten (10)

years and / or claim damages from the bidder(s) or contractor(s) concerned.

Section 1.4: Special conditions of tender

1.4.1 Introduction

The Mossel Bay Municipality wishes to enter into a contract with a suitable service provider for the management

and operation of the Herbertsdale Waste Transfer Station and the removal of household, business and garden

refuse in Bartelsfontein, Buisplaas, Herbertsdale and Kleinberg.

1.4.2 Special conditions

1.4.2.1 The contract will be for a period of three (3) years from 1 July 2027 to 30 June 2030.

1.4.2.2 Refuse must be collected from Bartelsfontein, Buisplaas, Herbertsdale and Kleinberg as specified by the

Municipality. Herbertsdale Waste Transfer Station must be open Monday to Sunday from 07:00 – 17:00.

1.4.2.3 General Waste must be removed once per week per area, including public holidays which fall on weekdays.

1.4.2.4 General Waste must be separated at the Transfer Station for recycling purposes and thereafter non-recyclable

waste must be dumped at the dumping site at PetroSA or any other registered landfill site of the Municipality. The

Municipality will inform the successful bidder in writing if a different dumping site should be used.

1.4.2.5 The Municipality will bill the successful service provider on a monthly basis for dumping fees.

1.4.2.6 The successful bidder is responsible for the supply of black bags at his/her own cost. A packet consisting of 39

refuse bags (13 blue, 13 black & 13 green) must be delivered to each household on a quarterly basis.

1.4.2.7 The thickness of the refuse bags must be 40 micron or higher. The Municipality may from time to time test the

quality of the bags and non-compliance may result in the termination of the contract (refer to Section 1.3 of this

tender document)

1.4.2.8 A weekly collection schedule will be provided by the Director: Community Services or her delegate.

1.4.2.9 The successful bidder or a representative must collect complaints that were received from the public daily from

the Director: Community Services or her delegate.

1.4.2.10 It is the responsibility of the successful bidder to at all times have the necessary number of employees, vehicles

and any other equipment that may be needs to render the service to the satisfaction of the Municipality. The

vehicles used for collection of refuse and distribution of bags must have trackers and movement reports must be

available on request.

1.4.2.11 It is the responsibility of the successful bidder to have an alternative plan in order in case of any problems that

may occur for services to be rendered.

1.4.2.12 Non-or-poor performance of service will be dealt with in terms of Section 43 of the Mossel Bay Municipality’s

Supply Chain Management Policy.

1.4.2.13 The successful bidder must indemnify the Municipality from any actions, lawsuits, proceedings, claims, demands,

costs, damages and expenses that may occur or be brought against the Municipality in rendering this or as a

result of rendering this service.

1.4.2.14 Payment of goods will be done within thirty (30) days, after receipt of an official invoice or statement and to the

satisfaction of the Director: Community Services or her delegate. A count of all the collection points must be

submitted with the invoice for payment.

1.4.2.15 The price must include all costs, including VAT.

1.4.2.16 A preferred and alternative bidder will be appointed, depending on the responsiveness of the tender.

1.4.2.17 The Successful bidder must submit proof of the following documents within thirty (30) days after final award:

(a) Public Liability Cover for the amount for R1 000 000;

(b) Health and Safety File;

(c) Letter of Good Standing.

1.4.2.18 Refuse removal includes the removal of refuse for:

Number of households or

Creches and Number of Refuse Area collection points Churches

school businesses collection day

(approximately)

Bartelsfontein 15 collection points 0 0 0 Monday

Buysplaas 102 2 2 0 Monday

Herbertsdale 376 5 2 10 Thursday

Kleinberg 7 collection points 0 0 0 Monday

Totals 500 7 4 10

Please take note that the above mentioned are only estimated figures and may differ from time to time.

1.4.2.19 Removal per collection point per month must include:

• Supply and distribution of refuse bags every quarter
• Dumping Cost at PetroSA site or alternative site.

1.4.2.20 Penalties

“The events of requirements for which penalties shall be applied, and the corresponding amounts of the penalties, are as

follows:

(a) Failure by the Service Provider to open or to operate the Sites on any of the operating days, or closure of the

Sites for each hour or part thereof during the agreed operating hours; R1 000 for first hour or part thereof,

escalating by R1 000 for each one-hour period or part thereof.

(b) Any deviation from the operating permit conditions, which includes the “Minimum Requirements for Waste

Disposal by Landfill, 1998”. R2 000 for first occurrence, escalating by R1000 for each further occurrence to a

maximum of R10 000 per occurrence.

(c) Unacceptable attendance to all reasonable complaints from the public (direct or channelled through the

Municipality’s Waste Management Officer) within 8 working hours of occurrence: R2000 for first occurrence,

escalating by R1000 for each further occurrence to a maximum of R5 000 per occurrence.

(d) Not caring and maintaining the Site including scattered waste, damage to buildings and structures, access roads,

entrance road, berms and storm water drainage channels, fences, gates and weighbridge. R500 for first

occurrence, escalating by R100 for each further occurrence to a maximum of R1 000 per occurrence, plus the

cost of repairing the damage caused.

(e) Inadequate nuisance control like litter control, odour control, dust control, rodent control and vector control.

R2 000 for first occurrence, escalating by R1000 for each further occurrence to a maximum of R5 000.

(f) Allowing the disposal of materials not being permitted for disposal according to the Minimum Requirements for

Waste Disposal by Landfill 1998, the Operational Permit or the Site Rules R5 000 for first occurrence,

escalating by R1 000 for each further occurrence to a maximum of R10 000 per occurrence.

(g) Failure by the Contractor to timeously sort the source separated materials. The stockpile of unsorted refuse bags

may not exceed 25 tons per week.

• R1 000 for first occurrence, escalating by R1 000 for each further occurrence to a maximum of

R10 000 per occurrence.

1.4.2.21 Local labourers must be appointed to do recycling and must be paid as per the schedule below.

Rate per person per day Rate per person per day Rate per person per day

Year 1 Year 2 Year 3

Item Description Non-VAT VAT Non-VAT VAT Non-VAT VAT

registered registered registered registered registered registered

Vendors Vendors Vendors Vendors Vendors Vendors

Rate per day Rate per day Rate per day Rate per day Rate per day Rate per day

1 1 x Foreman R190.00 R218.50 R195.00 R224.25 R200.00 R230.00

2 5 x Worker R150.00 R172.50 R155.00 R178.25 R160.00 R184.00

1.4.3 Key performance indicators

The following key performance indicators will be applicable to the successful bidder/s and will be measured

after each order, to assess the performance:

1.4.3.1 Supplied in terms of the specifications

Indicator: Product/service delivered complies with specifications set in tender/project document.

Target: 100%

Proof of evidence: Attendance registers and waste tonnages reports to be submitted with invoice

1.4.3.2 Timeframes

Indicator: Contractor performs/delivers within required timeframe

Target: 100%

Proof of evidence: Attendance registers and waste tonnages reports to be submitted with invoice

1.4.3.3 Local labour

Indicator: Appropriate tools and equipment is on site to enable effective and efficient service

delivery

Target: 100%

Proof of evidence: Photograph of vehicles to be provided at start of contract

Section 2.1: Pricing schedule

Pricing Instructions mean the criteria as set out below, read together with all Parts of this contract document, which it

will be assumed in the contract that the tenderer has taken into account when developing his prices.

2.1.1 The short descriptions and category number given in the pricing schedule below are brief descriptions used to

identify the activities for which prices are required.

2.1.2 While it is entirely at the tenderer’s discretion as regards to the pricing schedule below, guideline tariffs of fees

or indicative time-based fee rates are gazetted annually, which are useful documents that will give tenderers

some idea of industry norms against which they may compare their rates, sums, percentage fees and/or prices

as applicable.

2.1.3 For the purpose of the pricing schedule, the following words shall have the meanings hereby assigned to them:

Quantity: The number of units of work for each item.

Rate: The agreed payment per unit of measurement.

Amount: The product of the quantity and the agreed rate for an item.

2.1.4 A rate, sum, percentage fee and/or price as applicable, is to be entered against each item in the pricing

schedule. An item against which no price is entered will be considered as a no offer and will not be evaluated.

2.1.5 The rates, sums, percentage fees and prices in the pricing schedule are to be fully inclusive prices described

under the several items. Such prices and rates are to cover all costs and expenses that may be required in

and for the execution of the work described, and shall cover the cost of all general risks, liabilities, and

obligations set forth or implied in the Contract Data, as well as overhead charges and profit.

2.1.6 Where quantities are given in the pricing schedule, these are provisional and do not necessarily represent the

actual amount of work to be done. The quantities of work accepted and certified for payment will be used for

determining payments due and not the quantities given in the pricing schedule. In respect of time-based

services, the allocation of staff must be agreed with the employer before such services are rendered.

2.1.7 All rates, sum, percentage fees or prices (as applicable) tendered in the pricing schedule shall be final and

binding and shall not be subject to any variation throughout the period of the contract.

2.1.8 All prices must be inclusive of VAT and all other costs.

2.1.9 Only firm pricing will be accepted, non-firm prices (including prices subject to rates of exchange variations) will

not be considered. The prices for years two (2) and three (3) should include annual escalations.

2.1.10 Bidders are required to comply with the prescribed pricing schedule below. No pricing schedules other than

the pricing schedule as stated will be accepted and failure to adhere to this section will be seen as

submitting a non-responsive bid.

2.1.11 The bid will be evaluated on the total amount of the contract (Part 1 + Part 2 + Part 3), in other words the

amount per month multiplied by the estimate quantities for the envisage three financial years for Part 1 - 3.

Bidders MUST submit a price for each line item in the pricing schedule to be considered for evaluation.

Should the bidder fail to submit a price for each line item as stated, the bid will be seen as non-

responsive.

Part 1

Once of Amount Once of Amount Once of Amount

(inclusive of VAT) (inclusive of VAT) (inclusive of VAT)

Year 1 year 2 year 3

Nr Description

1 July 2027 1 July 2028 1 July 2029

to to to

30 June 2028 30 June 2029 30 June 2030

Once off fee for medical costs, PPE and other related costs for

the establishment of the site.

Part 2

Amount per month Amount per month Amount per month

(inclusive of VAT) (inclusive of VAT) (inclusive of VAT)

Year 1 year 2 year 3

Nr Description

1 July 2027 1 July 2028 1 July 2029

to to to

30 June 2028 30 June 2029 30 June 2030

1. Removal per household per month

2. Removal per business per month

3. Removal per churches per month

4. Removal per schools and crèches per month

Part 3

Management Fee Management Fee Management Fee

per month per month per month

(inclusive of VAT) (inclusive of VAT) (inclusive of VAT)

Nr Description YEAR 1 YEAR 2 YEAR 3

1 July 2027 1 July 2028 1 July 2029

to to to

30 June 2028 30 June 2029 30 June 2030

Management and operation of the Herbertsdale Waste Transfer

1. Station (price must include the salaries of local labourers as per

1.4.2.21)

Estimated quantities that will be used for evaluation purposes is as follows:

Nb: the estimate quantities is only for evaluation purposes and will be use during the evaluation

Process. Not to be used in the pricing schedule.

Part 1

Nr Description Estimated Quantities

1. Medical costs, PPE and other related costs for the establishment of the site. Once off

Part 2

Estimated Quantities

Nr Description

per month

1. Removal per household per month 500

2. Removal per business per month 10

3. Removal per churches per month 7

4. Removal per schools and crèches per month 4

Part 3

Nr Description Estimated Quantities

1. Management and operation of the Herbertsdale Waste Transfer Station Monthly

Section 3.1: Mbd1: bid requirements for mossel bay municipality

Part a – invitation to bid

Invitation to bid for requirements of the mossel bay municipality

BID NUMBER TDR26/2026/2027 CLOSING DATE 16 OCTOBER 2026 CLOSING TIME 12h00

Description management and operation of the herbertsdale waste transfer station and

Collection of refuse in bartelsfontein, buisplaas, herbertsdale and kleinberg

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

Original completed bid documents may be posted to reach the tender box by closing date

To:

The Tender Box

Mossel Bay Municipality

P O Box 25

Mossel bay

6500

Or

Original completed bid documents may be deposited in the tender box by closing date at:

The Entrance of the Mossel Bay Municipality’s Town Hall

101 Marsh Street

Mossel bay

Supplier information

Name of bidder

Postal address and code

Street address

Telephone number

Alternative number

E-mail address

VAT registration number

Tax compliance status pin

CIDB registration number

(if applicable)

A b-bbee status level verification certificate/sworn affidavit (for eme’s & qse’s) must be

Submitted in order to qualify for prefence points for b-bbee)

B-bbee status level

Yes NO

Verification certificate

B-bbee status level

Yes NO

Sworn affidavit

Are you the accredited representative in south africa for yes/no

THE GOODS/SERVICES/WORK OFFERED? (if YES, enclose proof)

Are you’re a foreign based supplier for the yes/no

GOODS/SERVICES/WORK OFFERED? (if YES, answer Part B)

Total number of items offered

Total bid price rate only

Signature of bidder

Date

Capacity under which this bid is signed

Bidding procedure enquiries may be

Technical enquiries may be directed to: directed to:

DEPARTMENT SCM DEPARTMENT Community Services

CONTACT PERSON Mr. Deslin Kohler CONTACT PERSON Mr Warren Manuel

Telephone number telephone

(044) 606-5192 (044) 606 5151

Number

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

Part b – terms and conditions for bidding

1. Bid submission:

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

Accepted for consideration.

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

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

Procurement regulations and any appropriate municipal policy. The general conditions of

Contract (gcc) and, if applicable, any other special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

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

To enable the organ of state to view the taxpayer’s profile and tax status.

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

In order to use this provision, taxpayers will need to register with SARS as e-filers through

The website www.SARS.GOV.ZA.

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

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

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

Submit a separate tcs certificate / pin / csd number.

2.7 Where NO tcs is available but the bidder is registered on the central supplier database (csd),

A csd number must be provided.

3. Questionnaire to bidding foreign suppliers

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

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

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

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

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

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

Compliance status system pin code from the south african revenue service (SARS) and if not

Register as per 2.3 Above.

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

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

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

Section 4.1: Mbd4: declaration of interest

1. No bid will be accepted from persons in the service of the state*.
2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make

an offer or offers in terms of this invitation to bid. In view of possible allegations of favoritism, should the resulting

bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is

required that the bidder or their authorised representative declare their position in relation to the

evaluating/adjudicating authority.

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

the bid.

4. Bidders are required to declare any change in directorship or membership during the term of this

tender should it have had an influence on the award of the bid.

4.1 Full Name of Bidder OR his OR her representative

4.2 Identity Number

Position occupied in the Company

4.3

(director, trustee, shareholder2)

4.4 Company Registration Number

4.5 Tax Reference Number

4.6 VAT Registration Number

4.7 The names of all directors/trustees/shareholder’s/member, their individual identity numbers and state

employee numbers must be indicated in number 4, below.

4.8 Are you presently in service of the state YES/NO

4.8.1 If so, furnish particulars

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

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

4.9.1 If so, furnish particulars

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

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

the state and who may be involved with the evaluation and or adjudication of this YES/NO

bid?

4.10.1 If so, furnish particulars

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

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

any persons in the service of the state and who may be involved with the evaluation YES/NO

and or adjudication of this bid?

4.11.1 If so, furnish particulars

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

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

Yes/no

stakeholders in service of the state?

4.12.1 If so, furnish particulars

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

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

Yes/no

shareholders or stakeholders in service of the state?

4.13.1 If so, furnish particulars

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

4.14 Do you or any of the directors, trustees, managers, principle shareholders, or

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

business whether or not they are bidding for this contract?

4.14.1 If so, furnish particulars

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

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

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

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

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

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

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

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

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

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

withheld.

(c) The contractual relationship between the Contractor and any subcontractors selected by the Contractor in

consultation with the Municipality in accordance with the requirements of and a procedure contained within

the Scope of Work, shall be the same as if the Contractor had appointed the subcontractor in terms of

paragraph (b) above.

(d) Any consent granted in accordance with paragraph (b) or appointment of a subcontractor in accordance

with paragraph (c) shall not imply a contract between the Municipality and the subcontractor, or a

responsibility or liability on the part of the Municipality to the subcontractor and shall not relieve the

establishment of a contract and for the surety, guarantees and retentions.

1.2.24 Wrong Information Furnished

shareholding, the B-BBEE Status Level of Contribution obtained by the bidder and must be an original certificate

or certified copy of the original.

• If the certificate was issued by registered auditors approved by IRBA

Clearly identify the B-BBEE approved registered auditor by the auditor’s individual registration number with

IRBA and the auditor’s logo, clearly record an approved B-BBEE Verification Certificate identification reference

in the format required by the SASAE, reflect relevant information regarding the identity and location of the

measured entity, identify the Codes of Good Practice or relevant Sector Codes applied in the determination of

the scores, record the weighting points (scores) attained by the measured entity for each scorecard element,

where applicable, and the measured entity’s overall B-BBEE Status Level of Contribution, reflect that the B-

BBEE Verification Certificate and accompanying assurance report issued to the measured entity is valid for 12

months from the date of issuance and reflect both the issuance and expiry date, and the B-BBEE Status Level

of Contribution obtained by the bidder and must be an original certificate or certified copy of the original.

1.2.26.2 Proof of Locality in a Specific Province, Region and Municipal Area

(a) Points for specific goals to promote suppliers or service providers located in a province, district or

municipal area / (hereafter referred to as locality).

(b) Each tender must specify in the invitation to tender that a maximum of 50% of the 20/10 points will be

allocated to promote the specific goal of locality.

(c) Only one of the points as set out below that best describes the enterprise’s locality may be awarded if

applicable.

with the successful bidder to limit the work in accordance with the tender specifications in order not to exceed

the available budget. These negotiations can be done prior or after the final award.

1.2.30 Joint Ventures

The Joint venture agreement must be submitted as part of the bid documents;

(a) No amendments to Joint venture agreement may be made without the prior approval of the Municipality; if

not accepted by the Municipality and the Joint venture continue without approval the Joint venture contract

can be cancelled as if poor performance had taken place;

(b) Joint venture will only qualify for points for their B-BBEE status level as a legal entity, provided that the

entity submits, together with the submission of the bid, their B-BBEE status level certificate issued in the

name of the Joint venture.

(c) Joint venture will only qualify for points for Locality as a legal entity, provided that the entity submits the

address of the Lead Partner as per the Joint Venture agreement.

(d) If the joint venture division is 50/50 the points will be allocated according to the closest address.

(e) All members of the Joint venture must submit, with the bid documents:

• a valid SARS tax pin, individually;
• an agreement that clearly provides clarity of Profit and liability sharing; and
• a resolution taken by the board of directors of the Joint venture and other information that agrees with

the Joint venture agreement as detailed on pages 49-51.

(f) For the evaluation of functionality regarding a Joint venture refer to the functionality section.

1.2.31 Enquiries

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

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed

by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

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

obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the

procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its

products internationally.

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

are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized

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

1.7 “Day” means calendar day.

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

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

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

compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the goods are so delivered

and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country

of origin and which have the potential to harm the local industries in the RSA.

1.12 “Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not

foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,

floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to

the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid

prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the

contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been

or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South

will be manufactured.

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

does take place.

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

related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services,

such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other

such obligations of the supplier covered under the contract.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to

the State.

1.26 “Tort” means in breach of contract.

1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and

delivers the full end product / service required by the contract.

1.28 “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.

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.

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

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

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

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided

that this service shall not relieve the supplier of any warranty obligations under this contract; and

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

repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance

by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.

14.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to

spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier

of any warranty obligations under the contract; and; (b) in the event of termination of production of the spare parts: (i) advance notification

to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and (ii) following

such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they

incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design

and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal

use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or

place of loading in the source country, whichever period concludes earlier, unless specified otherwise.

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

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair or replace the defective

goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take such

remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the bid. Such

notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by

the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely

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

at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall

be ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency

arises, the supplier’s point of supply is not situated at or near the place where the goods are required, or the supplier’s services are not

readily available.

21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause

22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be

entitled to purchase goods of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with

the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as

may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified

in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a

penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract

pursuant to GCC Clause 23.

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof

granted by the purchaser pursuant to GCC Clause 21.2; (b) if the supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the

contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner,

as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any

excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent

not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the supplier

by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier

fail to respond within the stipulated fourteen (14) days the purchaser may regard the supplier as having no objection and proceed with

the restriction.

23.5 Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be applicable to any other enterprise

or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise

of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the purchaser

actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the

following information:

(i) the name and address of the supplier and / or person restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction. These details will be loaded in the National Treasury’s central database of suppliers or persons

prohibited from doing business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt

Activities Act, No. , the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When

a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period

not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and

each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register

can be perused on the National Treasury website

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 wilful 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.

1.4.2.5 The Municipality will bill the successful service provider on a monthly basis for dumping fees.

1.4.2.6 The successful bidder is responsible for the supply of black bags at his/her own cost. A packet consisting of 39

refuse bags (13 blue, 13 black & 13 green) must be delivered to each household on a quarterly basis.

1.4.2.7 The thickness of the refuse bags must be 40 micron or higher. The Municipality may from time to time test the

quality of the bags and non-compliance may result in the termination of the contract (refer to Section 1.3 of this

tender document)

1.4.2.8 A weekly collection schedule will be provided by the Director: Community Services or her delegate.

1.4.2.9 The successful bidder or a representative must collect complaints that were received from the public daily from

the Director: Community Services or her delegate.

1.4.2.10 It is the responsibility of the successful bidder to at all times have the necessary number of employees, vehicles

and any other equipment that may be needs to render the service to the satisfaction of the Municipality. The

vehicles used for collection of refuse and distribution of bags must have trackers and movement reports must be

available on request.

1.4.2.11 It is the responsibility of the successful bidder to have an alternative plan in order in case of any problems that

may occur for services to be rendered.

1.4.2.12 Non-or-poor performance of service will be dealt with in terms of Section 43 of the Mossel Bay Municipality’s

1.4.2.13 The successful bidder must indemnify the Municipality from any actions, lawsuits, proceedings, claims, demands,

costs, damages and expenses that may occur or be brought against the Municipality in rendering this or as a

result of rendering this service.

1.4.2.14 Payment of goods will be done within thirty (30) days, after receipt of an official invoice or statement and to the

satisfaction of the Director: Community Services or her delegate. A count of all the collection points must be

submitted with the invoice for payment.

1.4.2.15 The price must include all costs, including VAT.

1.4.2.16 A preferred and alternative bidder will be appointed, depending on the responsiveness of the tender.

1.4.2.17 The Successful bidder must submit proof of the following documents within thirty (30) days after final award:

(a) Public Liability Cover for the amount for R1 000 000;

(b) Health and Safety File;

(c) Letter of Good Standing.

1.4.2.18 Refuse removal includes the removal of refuse for:

Special conditions include collection points per area (Bartelsfontein 15, Buysplaas 102, Herbertsdale 376, Kleinberg 7) and key performance indicators. The contract will be in English and interpreted under South African law.

Compulsory documentation: Tax Compliance Status Pin from SARS; CIDB registration if applicable; Municipal rates and taxes account copies or affidavits; Authorised Signatory resolution; Letter of Good Standing from Compensation Commissioner. Bidders must be registered on the Central Supplier Database.

Responsive bids will be evaluated on the 80/20 or 90/10 Preference Points System. Points may be allocated for B-BBEE status and locality (maximum 50% of the 20/10 points for locality). Bidders must submit one of the following for locality points: (i) Municipal Account of bidder's address as indicated in bid document; (ii) If the address is not in the name of the bidder, an affidavit from the owner confirming the bidder's locality. The evaluation will also consider responsiveness to specifications and additional criteria as set out in the tender document.