Plant hire for ward 9 internal streets – open tender – eastern cape government

{"name":"Tofile Yandiswa","email":"[email protected]","phone":"047-8770034","department":"Supply Chain Management DEPARTMENT Technical services Department","address":"UIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7)."}

Returnable Documents: PLEASE ENSURE THAT THE FOLLOWING FORMS HAVE BEEN DULY COMPLETED AND SIGNED AND THAT ALL DOCUMENTS AS REQUESTED, ARE ATTACHED TO THE QUOTATION DOCUMENT, Authority to Sign a Bid Is the form duly completed and is a certified copy of the resolution attached?, General Conditions of Contract Is the form duly completed and signed?, General Conditions of Tender Is the form duly completed and signed?, Confirmation Pin from SARS Is a Copy of the Confirmation Pin from SARS attached?, MBD 4 (Declaration of Interest) Is the form duly completed and signed?, MBD 6.1 (Preference Points claim form for purchases/services) Is the form duly completed and signed?, MBD 7.2 (Contract form – Rendering of Services) Is the form duly completed and signed?, MBD 8 (Declaration of Past Supply Chain Practices) Is the form duly completed and signed?, MBD 9 (Certificate of Independent Bid Determination) Is the form duly completed and signed?

Bid Number Bid Description Functionality Enquiries Closing Date

Evaluation Criteria 80/20 Price=80 Specific Goals=20: Specific Goals: Black Owned 02 points, Locality 10 Points, Youth Owned

Company 08 points (attach a full CSD report/statement of Municipal account/ proof of residence)

9. Mbd6.1 – Preference points claim form in terms of the preferential procurement regulations

2022 – purchases/services (80/20) ....................................................................................................................32

6. MBD 6.1 (Preference Points claim form for purchases/services)

canceling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in

Is the form duly completed and signed?

11. Form of Offer

Is the form duly completed and signed?

12. Declaration by Tenderer

Is the form duly completed and signed?

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2. Invitation to bid

Sakhizwe municipality

Bids are hereby invited from suitable qualified service providers for the Sakhisizwe Local Municipality projects as per the following

Bid Number Bid Description Functionality Enquiries Closing Date

Bid No: PLANT HIRE FOR WARD 9 N/A Technical Queries: Mr 11 AUGUST

SLM/SCM/66/2025/2026 INTERNAL ROADS L.Tyobeka at (045)93 2026 @12H00

11011 email address: 15 Maclear

pmutech.sakhisizwe@gm Road, Elliot

ail.com.

SCM enquiries: Ms

Y.Tofile: 045 931 1011,

Email:

[email protected]

Evaluation Criteria 80/20 Price=80 Specific Goals=20: Specific Goals: Black Owned 02 points, Locality 10 Points, Youth Owned

Company 08 points (attach a full CSD report/statement of Municipal account/ proof of residence)

The terms of reference are detailed in the Bid Document.

OBTAINING OF TENDER DOCUMENT: Tender documents are obtained from e-tender portal (www.etenders.gov.za) and Sakhisizwe

Website (ww.slm.gov.za)

Completed sealed bids and supporting documents, addressed to the Municipal Manager, and marked with “Description of the project and

the bid number” must be deposited in the Bid box situated at Budget office Sakhisizwe Municipal offices 15 Maclear Road, Elliot, 5460, at

which the tenders will be opened in public.

The following compulsory supporting documents shall accompany your submissions:

• Latest Full CSD Report (Not Older than Three Months)

• Fully Completed and Signed bid document and MBD 1 to 9 (attached on the tender document)

• Originally certified I.D copies of Directors (Not older than 6 Months)

• Bid documents must remain intact.

• COIDA Letter of Good Standing

• Municipal billing clearance certificates or Statement (not older than 3 months)/ a lease agreement signed by both

parties lesser and lessee in the case of a tenancy or accompanied by municipal rates (not council proof of

residence)/services certificate/ statement indicating that the owner not the tenant is responsible and that no dispute

exists between such bidder and the municipality concerned in respect of any such arrear amounts. Bidders who

reside within the Sakhisizwe Local Municipality jurisdiction will be verified with Sakhisizwe Local Municipality

Revenue Section.

• Use of Tippex will render the bid non-responsive.
• Joint Ventures/consortiums must provide signed copies of such agreements by both parties and all other

returnable documents for each partner to the Joint Venture.

• Failure to complete ALL the supplementary information may result in the bid being deemed non-responsive.

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NB: Failure to meet the above conditions of the bid will lead to automatic disqualification.

The Bidders shall also take note of the following conditions of the bid:

• The Sakhisizwe Local Municipality does not bind itself to accept the lowest tender or any other tender and

reserves the right to accept the whole or part of the tender thereof.

• Late, faxed, e-mailed and/or un-signed documents will not be considered.
• Bids submitted are to hold good for a period of 90 days.
• No tenderers will be considered from the persons in the service of the state.
• The Sakhisizwe Municipality Supply Chain Management Policy will apply.

Mr s.G. Sotshongaye

Municipal manager

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3. Authority to sign a bid

4. Companies

If a Bidder is a company, a certified copy of the resolution by the board of directors, duly signed, authorising the

person who signs this bid to do so, as well as to sign any contract resulting from this bid and any other documents

and correspondence in connection with this bid and/or contract on behalf of the company must be submitted with

this bid, that is, before the closing time and date of the bid

Authority by board of directors

By resolution passed by the Board of Directors on __________________ 20___, Mr/Mrs______________(whose

signature appears below) has been duly authorised to sign all documents in connection with this bid on behalf

of______________________________________

(Name of Company) in his/her capacity as _____________________________________________

Full name of Director Residential address Signature

Signed on behalf of date :

Company:

Print name :

Witness 1: witness 2:

2. Sole proprietor (single owner business)

I,________________________________, the undersigned, hereby confirm that I am the sole owner of the business

trading as_____________________________________________________________

Signature: date:

Print name:

Witness 1: witness 2:

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3. Partnership

We, the undersigned partners in the business trading as____________________________________

hereby authorize Mr/Ms____________________________ to sign this bid as well as any contract

resulting from the bid and any other documents and correspondence in connection with this bid and /or contract

for and on behalf of___________________________________________(name of firm).

The following particulars in respect of every partner must be furnished and signed by every partner:

Full name of partner Residential address Signature

Signed on behalf of date:

Company:

Print name:

Witness 1: witness 2:

4. Close corporation

In the case of a close corporation submitting a bid, a resolution by its members, authorizing a member or other

official of the corporation to sign the documents on their behalf, shall be included with the bid.

By resolution of members at a meeting on__________________________ 20__at___________________,

Mr/Ms____________________, whose signature appears below, has been authorized to sign all documents in

connection with this bid on behalf of

(Name of Close Corporation)_______________________________________________________

Full name of member residential address signature

Signed on behalf of date:

Close corporation:

Print name:

In his/her capacity as:

Witness 1: witness 2 :

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4. General conditions of bid

Contents

1. General conditions of contract
2. Bid form
3. Completion of bids
4. Submission of bids
5. Data to be furnished at bid stage
6. Withdrawal of bids
7. Costs which defaulting bidders may be called upon to pay
8. Acceptance or rejection of bids
9. Site inspection/bidders meeting
10. Failure to return bid documents
11. Evaluation of bids
12. Bid validity period
13. Acceptance of bid
14. Penalties
15. Contract adjustments
16. Contract period

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1. General conditions of contract

The General Conditions of Contract for Supply Chain Management shall apply to this contract. These general

conditions shall be read in conjunction with the amendments and additions set out in the special conditions

of contract.

2. Bid form

All bids shall be made on the bid forms incorporated in this document.

3. Completion of bids

The bidder shall complete all forms in black ink.

Mistakes made by the Bidder in the completion of the forms shall not be erased. A line shall be drawn

through the incorrect entry and the correct entry shall be written above and the correction initialed by the

Bidder. Failure to observe this rule may lead to the bid being disqualified.

Bids shall be ineligible for consideration unless submitted on the forms bound in this document.

A bid shall not be considered if alterations have been made to the bid from, unless such alterations have

been duly authenticated by the Bidder, or of any particulars required therein have not been completed in

all respects.

No unauthorized amendment shall be made to the bid form or to any other part of the bid document. If

any such amendments are made, the bid may be rejected.

Bids submitted in accordance with this bid document shall not have any qualifications. Any point of difficulty

of interpretation shall be cleared with SAKHISIZWE Local Municipality as early as possible during the bid

period. Should any query be found to be of significance, SAKHISIZWE Municipality will inform all Bidders

accordingly as early as possible.

4. Submission of bids

Each Bidder is required to return the complete set of bid documents with all the required information and

complete in all respects.

Bidders shall not tamper with the bid documents which shall be submitted as issued. Any bid documents

found to have been unbound and rebound could be deemed to be unacceptable.

Bids, in sealed envelopes clearly marked

“Bid No: SLM/SCM/66/2025/2026 PLANT HIRE FOR WARD 9 INTERNAL ROADS

and the Bidder’s name and address, shall be delivered to SAKHISIZWE Local Municipality, Budget Office 15 Maclear

Road Elliot 5460 not later than 12:00 on 11 AUGUST 2026. Bids may not be faxed or e-mailed. Bids shall be opened

in public shortly thereafter. Late bids will be rejected.

5. Data to be furnished at bid stage

Bidders shall submit with their bids the information that is applicable and as may be required in terms of the

specifications. The Employer reserves the right, in the event of such details being insufficient, to call for

further information. The Bidder shall furnish such additional information within seven (7) days of being called

upon to do so.

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6. Withdrawal of bids

A Bidder may, without incurring any liability, withdraw his bid. This will be a written advice and received

before the date and time of closure of this bid. The notice must be received by SAKHISIZWE Local Municipality

before the closure of this bid.

7. Costs which defaulting bidders may be called upon to pay

Should the Service Provider, after he has been notified of the acceptance of his bid, fail to enter into a contract

when called upon to do so, within the period stipulated in the conditions of bid or within such extended

period as the Employer may allow, the Service Provider holds himself liable for any additional expense which

may incur in having to call for bids afresh and/or in having to accept any less favorable bid and that if he

purports to withdraw his bid within the period for which he has agreed that it shall remain open for

acceptance.

The Service Provider shall indemnify the specified from any claim capable of being made against him either

under the statute of common law in respect of any damage to any person or property arising out of the

execution of this contract.

8. Acceptance or rejection of bids

Bids may be rejected if they show any additional items not originally included in the bid document.

Conditional or incomplete offers, irregularities of any kind in the bid forms, or if the bid rates and amounts

are obviously unbalanced and the Bidder, after having been called upon to adjust same in a reasonable

manner, fails to do so within a period of seven (7) days having received notification to that effect.

The Employer does not bind itself to accept the lowest or any bid and reserves the right to accept the whole

or any part of a bid as it may deem expedient, nor will it assign any reason for the acceptance or rejection

of any bid, be it the whole or part of a bid.

9. Site inspection/bidders meeting

No Briefing

10. Failure to return bid documents

A Bidder who does not submit a bid does not have to return the bid documents after the closing date for

the receipt of bids.

11. Taxes and levies

Bidders shall include Value Added tax (VAT) in their bid rates.

12. Evaluation of bids (based on preferential procurement regulations 2022)

Bids will be evaluated based on the 80/20 preference point system in terms of the Preferential Procurement

Regulations 2022 and Regulations thereto. These points will be allocated as follows:

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Price

80 points will be awarded to the bidder submitting to the lowest bid.

Preference

20 points will be awarded to the bidder submitting required documents for Specific Goals.

Past experience 1

Service Providers must furnish hereunder details of similar projects/service, which they have satisfactorily

completed in the past. The information shall include a description , Contract value and name of Employer

with contactable references.

Duration and

Nature of value of employer

Employer completion

Work work contact NO.

Date

Signature: name (print):

Capacity: date:

Name of firm:

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Mbd 2

7. Mbd 2 – tax clearance certificate requirements

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements

have been made with South African Revenue Services (SARS) to meet the bidder’s tax obligations.

1. In order to meet this requirement, bidders are required to complete in full the TCC 0001 form, “Application

for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance

Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one)

year from the date of approval.

3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original

and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax

Clearance Certificate will not be accepted.

4. In bids where Consortia / Joint Ventures / Sub-Contractors are involved, each party must submit a separate

Tax Clearance Certificate.

5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch

office nationally of on the website www.sars.gov.za

6. Applications for the Tax Clearance Certificates 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

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Mbd 4

Declaration of interest

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

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make

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

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

state, it is required that the bidder or their authorised representative declare their position in relation to the

evaluating/adjudicating authority.

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

the bid.

3.1 Full Name of bidder or his or her representative:.....................................................

3.2 Identity Number: ..............................................................................................

3.3 Position occupied in the Company (director, trustee, hareholder2):.............................

3.4 Company Registration Number: .........................................................................

3.5 Tax Reference Number:....................................................................................

3.6 VAT Registration Number: ..............................................................................

3.7 The names of all directors / trustees / shareholders members, their individual identity

numbers and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars. .........................................................................

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

1MSCM Regulations: “in the service of the state” means to be –

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

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

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

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

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

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

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

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

2 Shareholder” means a person who owns shares in the company and is actively involved in the management of

the company or business and exercises control over the company.

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

3.9.1 If yes, furnish particulars...........................................................................

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

3.10 Do you have any relationship (family, friend, other) with persons

in the service of the state and who may be involved with

the evaluation and or adjudication of this bid? ....................................... YES / NO

3.10.1 If yes, furnish particulars.

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

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

3.11 Are you, aware of any relationship (family, friend, other) between

any other bidder and any persons in the service of the state who

may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars

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

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

3.12 Are any of the company’s directors, trustees, managers,

principle shareholders or stakeholders in service of the state? YES / NO

3.12.1 If yes, furnish particulars.

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

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

3.13 Are any spouse, child or parent of the company’s directors

trustees, managers, principle shareholders or stakeholders

in service of the state? YES / NO

3.13.1 If yes, furnish particulars.

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

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

3.14 Do you or any of the directors, trustees, managers,

principle shareholders, or stakeholders of this company

have any interest in any other related companies or

business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars:

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

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

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6. Past experience

Past experience 1

Valid tax clearance certificate been attached? (Mbd 2) yes/no

valid Tax Clearance Certificate will result in the invalidation of the bid

TAX COMPLIANCE STATUS TCS PIN: OR CSD No

Tax compliance requirements

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

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

TCS PIN: OR CSD No

Csd registration number: ____________________________

Csd number

Csd number must be provided

CSD report/statement of Municipal account/ proof of residence)

CSD Report (Not Older than Three Months)

Central supplier database

NB: Failure to meet the above conditions of the bid will lead to automatic disqualification.

7. Mbd 2 – tax clearance certificate requirements

for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one)
3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original

and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax

Tax Clearance Certificate.

5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch
6. Applications for the Tax Clearance Certificates may also be made via e-Filing. In order to use this provision,

Declaration of interest

2. Tax compliance requirements

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

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.

VAT registration number

Points Allocation: 20 points

B-BBEE Details: SPECIFIC GOALS 20 POINTS

Black owned Company 2 Points

• CSD Summary Report
• Locality

➢ Within the boundaries of Sakhisizwe Local Municipality 10 Points

(10 points)

➢ Within the boundaries of Chrishani District (4 points)

➢ Within the boundaries of the Eastern Cape (2 points)

➢ Outside the boundaries of the Eastern Cape (1 points)

➢ failure to provide proof (0 points)

Attached the CSD and Rate Clearance /proof of residence

• Youth Owned Company

➢ CSD Summary or Certified ID Copy for the Director 8 Points

Bids must remain valid for a period of NINETY (90) days from the closing date of the bid.

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14. Acceptance of bid

The Municipality does not bind itself to accept the lowest or any bid received and reserves the right to accept

the whole or part of the bid.

15. Penalties

In the event that the Service Provider fails to deliver as specified in Section 13 “Specifications, the Employer

may withhold 10% of the invoice amount.

16. Contract adjustment

No contract adjustment will be allowed during this period and the rates are fixed.

17. Contract period

The contract period will be one month.

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5. General conditions of contract-government procurement

Table of clauses

1. Definition
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental Services
14. Spare Parts

• Use of Tippex will render the bid non-responsive.
• Joint Ventures/consortiums must provide signed copies of such agreements by both parties and all other

returnable documents for each partner to the Joint Venture.

• Failure to complete ALL the supplementary information may result in the bid being deemed non-responsive.

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NB: Failure to meet the above conditions of the bid will lead to automatic disqualification.

By resolution passed by the Board of Directors on __________________ 20___, Mr/Mrs______________(whose

signature appears below) has been duly authorised to sign all documents in connection with this bid on behalf

of______________________________________

(Name of Company) in his/her capacity as _____________________________________________

official of the corporation to sign the documents on their behalf, shall be included with the bid.

By resolution of members at a meeting on__________________________ 20__at___________________,

Mr/Ms____________________, whose signature appears below, has been authorized to sign all documents in

connection with this bid on behalf of

(Name of Close Corporation)_______________________________________________________

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 it’s government

and encouraged to market it’s product 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 5 5 results that is substantially

different in basic characteristics or in purpose or utility from it’s 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 of stock” means immediate delivery directly from stock actually on hand.

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

or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all

risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

1.11 “Dumping’ occurs when a private enterprise abroad markets it’s 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

charged.

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The

Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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5.1 The supplier shall not, without the purchaser’s prior written, 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.

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 suppliers 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 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national

department, provincial department, or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services

executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where

the supplies are required, or the supplier’s services are not readily available.

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21.5 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 21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall without

canceling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract and to return any goods delivered

later at t he supplier’s expense and risk, or to cancel the contract and buy such goods as may be requires to

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

supplier.

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

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

in respect of any dumped or subsidized import, the State is not liable for any amount so required or

imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is

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

such provisional payment or any such right is reduced, any such favorable difference shall on demand be

paid forthwith by the Contractor to the State or the State may deduct such amounts from moneys (if any)

which may otherwise be due to the contractor in regard to supplies or services which he delivered or

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

which may be due to him.

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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 such notice.

16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties

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General Conditions of Contract

1. Definition
2. The following terms shall be interpreted as indicated:

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

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

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

documents incorporated by reference therein.

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

performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of 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 it’s government

and encouraged to market it’s product 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 5 5 results that is substantially

different in basic characteristics or in purpose or utility from it’s 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 of stock” means immediate delivery directly from stock actually on hand.

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

or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all

risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

1.11 “Dumping’ occurs when a private enterprise abroad markets it’s 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 it’s sovereign capacity, wars or

revolution, 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.

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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 sub-contractors)

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

landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of

entry as well as transportation and handling charges to the factory in the Republic where the supplies

covered by the bid will be manufactured.

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

2. Application

2.1 These general conditions are applicable to al bids, contracts and orders including bids for functional and

professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable

property, unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or

works.

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

conditions shall apply.

3. General

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

Incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be

charged.

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The

Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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4. Standards

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

5. Use of contract documents and information inspection

5.1 The supplier shall not, without the purchaser’s prior written, 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.

6. Patent rights

6.1 The supplier shall indemnify the purchase 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.

7. Performance

7.1 Within thirty(30) days of receipt of the notification of contract award, security 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 irrecoverable 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

in SCC.

8. Inspection, tests and an analyses

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

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during

production or execution or on completion be subject to inspection, the premises of the bidder or contractor

shall be open, at all reasonable hours, for inspection by a representative of the Department or an

organization acting on behalf of the Department.

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

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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 supplies 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 supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract

requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection

with these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract

requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found

not to comply with the requirements of the contract. Such rejected supplies 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 supplies which do comply with the requirements of the contract.

Failing such removal, the rejected supplies shall be returned at the suppliers cost and risk. Should the

supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier

further opportunity to substitute the rejected supplies, purchase such supplies 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 rights of the purchaser to cancel the contract on

account of a breach of the conditions thereof, or to act in terms of clause 23 of GCC.

9. Packing

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

during transit to their final destination, as indicated in the contract. The packing shall be sufficient to

withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt

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

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

handling facilities at all points in transit.

9.2 The packing, marking and documentation within and outside the packages shall comply strictly with such

special requirements as shall be expressly provided for in the contract, including additional requirements,

if any, specified in SCC, and in any subsequent instructions ordered by the purchaser.

10. Delivery and documents

10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract.

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

10.2 Documents to be submitted by the supplier are specified in SCC.

11. Insurance

11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or

damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner

specified in the SCC.

12. Transportation

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

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13. Incidental services

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

any, specified in SCC:

(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. Spare Parts

14.1 As specified in SCC, 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 relive the supplier of any warranty obligations under the contract;

and

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

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

permit the purchaser to procure needed requirements; and

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

drawings and specifications of the spare parts, if requested.

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

current models, and that they incorporate all recent improvements in design and materials unless provided

otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall

have no defect, arising from design, materials or workmanship (except when the design and/or material is

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

under normal use of the supplied goods in the conditions prevailing in the country of 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 in SCC.

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

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

speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

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

purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense

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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 in

Scc.

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

upon fulfillment of other obligations stipulated in the contract.

16.3 Payment 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 in SCC.

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 in SCC or in the purchaser’s request for bid validity extension,

as the case may be.

18. Contract Amendments

18.1 No variation in or modification of the terms of the contract shall be made except by written amendment

signed by the parties concerned.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, it’s obligation to perform under the contract, except with

the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not

already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier

from any liability or obligation under the contract.

21. Delays in the Suppliers 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 suppliers 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 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national

department, provincial department, or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services

executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where

the supplies are required, or the supplier’s services are not readily available.

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21.5 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 21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall without

canceling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract and to return any goods delivered

later at t he supplier’s expense and risk, or to cancel the contract and buy such goods as may be requires to

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

supplier.

22. Penalties

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

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

without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a

sum calculated on the delivered price of the delayed goods or unperformed services using the current prime

interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may

also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

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

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

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

or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

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

(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in

competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon

such terms and in such manner as it deems appropriate, goods, works or services 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.

24. Anti-dumping and countervailing

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

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

in respect of any dumped or subsidized import, the State is not liable for any amount so required or

imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is

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

such provisional payment or any such right is reduced, any such favorable difference shall on demand be

paid forthwith by the Contractor to the State or the State may deduct such amounts from moneys (if any)

which may otherwise be due to the contractor in regard to supplies or services which he delivered or

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

which may be due to him.

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25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clause 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 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5 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.

28. Limitation of liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to

Clause 6;

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

or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided

that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise,

shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing

or replacing defective equipment.

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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 in SCC.

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 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 contract 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 the Department must be in possession of a tax clearance certificate, submitted by the bidder.

This certificate must be an original issued by the South African Revenue Services.

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Part a – administrative requirements in terms of the supply chain management policy

..................................................................................................................................................................................6

1. Checklist ...........................................................................................................................................................7

2. Invitation to bid....... .....................................................................................................................................8

3. Authority to sign bid ....................................................................................................................................10

4. General conditions of bid...................................................................................................................................12

5. General conditions of contract – government procurement...........................................................17

6. Past experience...............................................................................................................................................................27

7. Mbd 2 – tax clearance certificate requirements ....................................................................................28

8. Mbd 4 – declaration of interest .................................................................................................................29

9. Mbd6.1 – Preference points claim form in terms of the preferential procurement regulations

2022 – purchases/services (80/20) ....................................................................................................................32

10. Mbd 7.2 Contract form – rendering of services...........................................................................................38

11. Mbd 8 – declaration of bidder’s past supply chain management practices ...................................40

12. Mbd 9 – certificate of independent bid determination .......................................................................42

Part b – specification and pricing schedule ..................................................................................................46

13. Specification....................................................................................................................................................47

14. Form of offer and acceptance .................................................................................................................48

15. Declaration by tenderer ............................................................................................................................49

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Part a – administrative requirements in terms

Is a Copy of the Confirmation Pin from SARS attached?

5. MBD 4 (Declaration of Interest)

Is the form duly completed and signed?

6. MBD 6.1 (Preference Points claim form for purchases/services)

Is the form duly completed and signed?

7. MBD 7.2 (Contract form – Rendering of Services)

Is the form duly completed and signed?

8. MBD 8 (Declaration of Past Supply Chain Practices)

Is the form duly completed and signed?

9. MBD 9 (Certificate of Independent Bid Determination)

Is the form duly completed and signed?

10. Specifications

Is the form duly completed and signed?

• Latest Full CSD Report (Not Older than Three Months)

• Fully Completed and Signed bid document and MBD 1 to 9 (attached on the tender document)

• Originally certified I.D copies of Directors (Not older than 6 Months)

• Bid documents must remain intact.

• COIDA Letter of Good Standing

• Municipal billing clearance certificates or Statement (not older than 3 months)/ a lease agreement signed by both

parties lesser and lessee in the case of a tenancy or accompanied by municipal rates (not council proof of

residence)/services certificate/ statement indicating that the owner not the tenant is responsible and that no dispute

exists between such bidder and the municipality concerned in respect of any such arrear amounts. Bidders who

reside within the Sakhisizwe Local Municipality jurisdiction will be verified with Sakhisizwe Local Municipality

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 it’s sovereign capacity, wars or

revolution, 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.

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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 sub-contractors)

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

landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of

entry as well as transportation and handling charges to the factory in the Republic where the supplies

covered by the bid will be manufactured.

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

6.1 The supplier shall indemnify the purchase 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.

7.1 Within thirty(30) days of receipt of the notification of contract award, security 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 irrecoverable 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

in SCC.

supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier

further opportunity to substitute the rejected supplies, purchase such supplies 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 rights of the purchaser to cancel the contract on

account of a breach of the conditions thereof, or to act in terms of clause 23 of GCC.

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

any, specified in SCC:

(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 in SCC, 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 relive the supplier of any warranty obligations under the contract;

and

(b) in the event of termination of production of 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 in SCC.

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

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

speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

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

purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense

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and without prejudice to any other rights which the purchaser may have against the supplier under the

contract.

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not

already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier

from any liability or obligation under the contract.

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

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

without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a

sum calculated on the delivered price of the delayed goods or unperformed services using the current prime

interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may

also consider termination of the contract pursuant to GCC Clause 23.

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

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

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

or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

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

(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in

competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon

such terms and in such manner as it deems appropriate, goods, works or services 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.

25.1 Notwithstanding the provisions of GCC Clause 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 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5 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.

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to

Clause 6;

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

or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided

that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise,

shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing

or replacing defective equipment.

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