Supply and delivery of catering services – eastern cape government tender

{"name":"Mrs Y Mqingwana","email":"[email protected]","phone":"047 050 1156","department":"s specified in this schedule.","address":"PERSON Ms S Madalane"}

Returnable Documents: ● Fully Completed Tender Forms i.e. Form of Offer, all terms of the Prevention and Combating of, TENDER SUBMISSION AND OPENING ▪ CK/ Company registration, Certified ID Copies, 61 Blyth Street, Rev. Tiyo Soga Building Butterworth. 4960 ▪ Tax Compliance Status PIN, COMPANY REGISTRATION NUMBER, Description Invitation to Tender MBD 1 3, 2 Tax Clearance Requirements MBD 2 8, 3 & 3.1 Price Schedule MBD 3 and Specification MBD 3.3 9, 4 Declaration – Conflict of Interest MBD 4 12, 6 Preferential Points Schedule MBD 6.1 14, 7.2 Contract Form – Rendering of Services MBD 7.2 21, 8 Declaration of Tenderer’s Past Supply Chain Management Practices MBD 8 22, 9 Certificate Of Independent Bid Determination MBD 9 24, The successful bidder will be required to fill in and sign a written Contract Form (MBD 7).

Accredited service providers not employed by the state, registered on the Central Supplier Database, with no listings on the National Treasury’s Restricted Suppliers or Tender Defaulters registers, no SCM abuse or fraud convictions in the past five years, and able to provide the required specific‑goal proofs (black ownership ≥51% for EME/QSE or Mnquma LM location proof).

Mnquma Local Municipality hereby invites bids from all prospective accredited and qualifying service providers for

BID NO. Description Evaluation Closing Date & Time

Criteria

SCM/MLM/21/26-27 SUPPLY AND DELIVERY OF CATERING SERVICES 80/20 Date: 04/08/2026

For tourism program

Time: 12:00

Technical Enquiries: Ms. S Madalane (Manager: Tourism, Heritage and Hospitality) at 047 050 1471/083 297 2169)

email: [email protected]

SCM Enquiries: Mrs. Y Mqingwana (Manager: SCM) at (047) 050 1156 / 072 698 6085 email:

[email protected]

Evaluation Criteria: The evaluation will be conducted in two (02) stages namely:

Stage 1: Administrative compliance

Bidders that do not meet the Administrative compliance (Compliance with mandatory and other bid requirements)

will not be eligible for further evaluation and will be deemed as non-responsive.

Stage 2: Evaluation in terms of the 80/20 preference point systems prescribed in Preferential Procurement Regulations

2022

Price=80 points,

Specific goals =20 points

The specific goals allocated points in Specific Goal Points Proof Required to score points

terms of this tender Allocated 20 points

An EME or QSE which is at least 51% 10 Fully completed and signed MBD 6.1 and Full

owned by black people Central Supplier Database Report (CSD) not

older than one month.

The promotion of enterprises located in 10 Municipal Rates or Municipal Confirmation

Mnquma Local Municipality area letter or Lease Agreement to where the

business is domiciled.

NB: No points will be claimed by the bidder if it fails to submit proof required to score points for specific goals

Required documents: conditions of acceptance:

Potential bidders are urged to submit the following attachments ● The Municipality is under no obligation to accept

when submitting their proposals, failure to do so will lead to any proposal/tender and reserves the right to

disqualification. accept the whole or any part of the

proposal/tender. No proposal/tenders will be

● Full CSD Report (Not older than one Month) considered from persons in the service of the

state.

● Only the original tender document will be accepted. ● The bidder or any of its directors/shareholders is

not listed on the Register of Tender Defaulters in

● Fully Completed Tender Forms i.e. Form of Offer, all terms of the Prevention and Combating of

returnable MBDs (MBD1-9) –Part of the tender document. Corrupt Activities Act of 2004 as a person

Return all returnable documents to the employer after prohibited from doing business with the public

completing them in their entirely by writing legibly in non – sector;

erasable ink. ● The bidder has not abused the Employer’s

Supply Chain Management System; or failed to

● In the case of partnerships/consortiums/ joint venture perform on any previous contract and has been

agreement, signed agreement must be submitted with the given a written notice to this effect.

tender document, and ● No late, incomplete, unsigned faxed, couriered,

and emailed tenders will be accepted

● The tender offer submitted shall remain valid,

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Mnquma local municipality

● All parties/partners to the partnership/ consortium/joint irrevocable and open for written acceptance by

venture agreement must be registered on the Central the Mnquma Local Municipality for a period of 90

Supplier Database days from the closing date.

● The award of the tender may be subjected to

NB: If Bidder submits Fraudulent Information the Bidder price negotiation with the preferred tenderers.

will be blacklisted for five years. ● The municipality reserves the right to extend the

tender period by notice in the press and on the

OBTAINING OF TENDER DOCUMENTS: municipality’s official website

Tender documents for this project are downloadable at the www.mnquma.gov.za

municipal website: www.mnquma.gov.za and on eTender NB: Preferred bidders will be required to furnish the

portal: https://etenders.treasury.gov.za/ municipality with:

TENDER SUBMISSION AND OPENING ▪ CK/ Company registration, Certified ID Copies

Tenders/Proposals must be submitted by hand at Bid Box, No. not older than six (06) months

61 Blyth Street, Rev. Tiyo Soga Building Butterworth. 4960 ▪ Tax Compliance Status PIN

Bids may only be submitted on the bid document provided by ▪ Certificate issued by the municipality or any

the municipality. other municipality to which he may be indebted

to the effect that he and, in the event of the

Tenders should be sealed, endorsed on the envelope with: bidder being a company, also any of its directors,

is not indebted to the municipality

BID NUMBER: SCM/MLM/21/26-27 or any other municipality or municipal entity for

PROJECT NAME: SUPPLY AND DELIVERY OF CATERING rates, taxes and/or municipal service charges

SERVICES FOR TOURISM PROGRAM which are in arrear for a period more than three

months and that no dispute exists between such

Back of the envelope with: bidder and municipality or municipal entity

concerned in respect of any such arrear

Company Name, address, Contact person and Contact

amounts. Bidders who reside within the Mnquma

details.

Local Municipality (MLM) jurisdiction will be

verified with MLM Revenue Section.

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

S. Mahlasela

Municipal manager

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Mnquma local municipality

Mbd1

Part a

Invitation to bid

You are hereby invited to bid for requirements of the (name of municipality/ municipal entity)

Bid number: SCM/MLM/21/26-27 closing date: 04/08/2026 closing time: 12:00

Description supply and delivery of catering services for tourism program

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

Bid response documents may be deposited in the bid

Box situated at (street address

Mnquma local municipality

NO. 61 blyth street

Rev. Tiyo soga building

Butterworth

4960

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TAX COMPLIANCE STATUS TCS PIN: OR CSD No:

Are you a

Foreign based

Are you the accredited

Supplier for

Representative in south

THE GOODS Yes No

Africa for the goods

Yes No /SERVICES

/Services /works

/Works [if yes, answer part

Offered?

[If yes enclose proof] offered? B:3 ]

Total number of items total bid

Offered price r

Signature of bidder .................................... Date

Capacity under which

This bid is signed

Technical information may be directed

Bidding procedure enquiries may be directed to: to:

Tourism, Heritage and

DEPARTMENT SCM DEPARTMENT Hospitality

The clauses above do not influence any person’s rights to approach the High Court at any time or their rights in terms of the

Promotion of Administrative Justice Act, Act (‘PAJA’), or the Promotion of Access to Information Act, Act (‘PAIA’).

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A Annexure A – Detailed Specification 40

B Annexure B – Past Experience 42

C Annexure C – Joint Venture Disclosure Form 43

D Annexure D – Company Composition 44

E Annexure E – Bid Check List 45

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

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

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

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

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

abilities or experience; and

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

the bidder.

terms of this tender Allocated 20 points

An EME or QSE which is at least 51% 10 Fully completed and signed MBD 6.1 and Full

owned by black people Central Supplier Database Report (CSD) not

older than one month.

The promotion of enterprises located in 10 Municipal Rates or Municipal Confirmation

municipal website: www.mnquma.gov.za and on eTender NB: Preferred bidders will be required to furnish the

portal: https://etenders.treasury.gov.za/ municipality with:

TENDER SUBMISSION AND OPENING ▪ CK/ Company registration, Certified ID Copies

Tenders/Proposals must be submitted by hand at Bid Box, No. not older than six (06) months

61 Blyth Street, Rev. Tiyo Soga Building Butterworth. 4960 ▪ Tax Compliance Status PIN

Bids may only be submitted on the bid document provided by ▪ Certificate issued by the municipality or any

the municipality. other municipality to which he may be indebted

to the effect that he and, in the event of the

Tenders should be sealed, endorsed on the envelope with: bidder being a company, also any of its directors,

is not indebted to the municipality

BID NUMBER: SCM/MLM/21/26-27 or any other municipality or municipal entity for

PROJECT NAME: SUPPLY AND DELIVERY OF CATERING rates, taxes and/or municipal service charges

Mbd 3.1

1. Pricing schedule – firm prices

(Purchases)

Note: only firm prices will be accepted. Non-firm prices (including prices subject to

Rates of exchange variations) will not be considered

Mbd 3.3

3.1 Pricing schedule and specification

(Section 2)

1.2 Tender offer

I, (duly

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

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

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

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

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

allocated points in (20 points) (20 points) (20 points)

terms of this tender (To be completed by the (To be completed by the (To be completed by the

Municipality Municipality) tenderer)

An EME or QSE which 10 Fully completed and

is at least 51% owned signed MBD 6.1 and Full

by black people Central Supplier Database

Report (CSD) not older

than one month.

The promotion of 10 Municipal Rates or

enterprises located in Municipal Confirmation

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal Yes No

charges to the municipality, or to any other municipality, that is in arrears for more than

three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality or any other organ of state Yes No

terminated during the past five years on account of failure to perform on or comply with

the contract?

4.7.1 If so, furnish particulars:

valid Tax Clearance Certificate from the local SARS office where such tenderer

valid tax clearance

Tax Compliance Status PIN

TAX COMPLIANCE STATUS TCS PIN: OR CSD No

Tax compliance requirements

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

Tax compliance status system pin code from the south african revenue service (SARS) and if

tax compliance status PIN to enable the municipality to verify the

tax compliance status

TCS PIN: OR CSD No

CSD Report (Not older than one Month) considered from persons in the service of the

Csd number

Csd number must be provided

Central Supplier Database Report (CSD) not

Central supplier database

Central Supplier Database (CSD) and include in their

joint venture agreement

joint venture agreement must be registered on the Mnquma Local Municipality Supplier Database

● Fully Completed Tender Forms i.e. Form of Offer, all terms of the Prevention and Combating of

Tax clearance certficate requirements

As a bid conditions bidders are required to register on government’s Central Supplier Database (CSD) and include in their

quotations or bids, their Master Registration Number or tax compliance status PIN to enable the municipality to verify the

bidder’s tax compliance status.

pre-award questionnaire on the MBD 1 for their tax obligation categorisation.

1. Pricing schedule – firm prices

Pricing schedule must be submitted for each delivery point

2. Tax compliance requirements

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

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

Points Allocation: 80 points

B-BBEE Details: )

email: [email protected]

SCM Enquiries: Mrs. Y Mqingwana (Manager: SCM) at (047) 050 1156 / 072 698 6085 email:

[email protected]

Evaluation Criteria: The evaluation will be conducted in two (02) stages namely:

Stage 1: Administrative compliance

Bidders that do not meet the Administrative compliance (Compliance with mandatory and other bid requirements)

will not be eligible for further evaluation and will be deemed as non-responsive.

Stage 2: Evaluation in terms of the 80/20 preference point systems prescribed in Preferential Procurement Regulations

2022

Price=80 points,

Specific goals =20 points

The specific goals allocated points in Specific Goal Points Proof Required to score points

terms of this tender Allocated 20 points

An EME or QSE which is at least 51% 10 Fully completed and signed MBD 6.1 and Full

owned by black people Central Supplier Database Report (CSD) not

older than one month.

The promotion of enterprises located in 10 Municipal Rates or Municipal Confirmation

Mnquma Local Municipality area letter or Lease Agreement to where the

business is domiciled.

NB: No points will be claimed by the bidder if it fails to submit proof required to score points for specific goals

Required documents: conditions of acceptance:

Potential bidders are urged to submit the following attachments ● The Municipality is under no obligation to accept

when submitting their proposals, failure to do so will lead to any proposal/tender and reserves the right to

disqualification. accept the whole or any part of the

proposal/tender. No proposal/tenders will be

● Full CSD Report (Not older than one Month) considered from persons in the service of the

state.

● Only the original tender document will be accepted. ● The bidder or any of its directors/shareh

8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points

claimed, based on the specific goal declared in paragraph 6 , indicated in paragraph 7, qualifies the

company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph

1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the

contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the

claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of

contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

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

(c) cancel the contract and claim any damages which it has suffered as a result of having to make

less favourable arrangements due to such cancellation;

(d) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and

directors who acted on a fraudulent basis, from obtaining business from any organ of state for

a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has

been applied; and

(e) forward the matter for criminal prosecution.

deemed to be extended until finalisation of the appeal; unless the tenderer has requested in writing that its tender be

withdrawn. The provisions in respect of withdrawal as set out in 10.9 above will apply to such withdrawal.

10.13 Tax clearance

that decision by giving written notice of the appeal and reasons to the Accounting Officer within 21 days of the date of the

notification of the decision.

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13.3 An appeal shall contain the following:

i. The reason and /or ground for the appeal.

ii. The way in which the appellant’s right have been affected;

iii. The remedy sought by the appellant’s.

1. Definitions 1. 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 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.

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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

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
33. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices

General Conditions of Contract

1. Definitions 1. 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 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.

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Mnquma local municipality

1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the contract or

order.

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

1.9 “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.

"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.

1.10 ”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.

1.11 “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.

1.12 “GCC” means the General Conditions of Contract.

1.13 “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 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 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 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 all 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.

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Mnquma local municipality

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

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 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.

6. Patent rights

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark,

or industrial design rights arising from use of the goods or any part thereof by the purchaser.

7. Performance security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the

purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss

resulting from the supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible

currency acceptable to the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s

country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form

acceptable to the purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty

(30) days following the date of completion of the supplier’s performance obligations under the contract, including

any warranty obligations, unless otherwise specified in SCC.

8. Inspections, tests and analyses

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

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Mnquma local municipality

Description Invitation to Tender MBD 1 3

1.2 Advert and Specification 4

1.3 Supplier Details 6

2 Tax Clearance Requirements MBD 2 8

3 & 3.1 Price Schedule MBD 3 and Specification MBD 3.3 9

3.2 Tender Offer 11

4 Declaration – Conflict of Interest MBD 4 12

6 Preferential Points Schedule MBD 6.1 14

7.2 Contract Form – Rendering of Services MBD 7.2 21

8 Declaration of Tenderer’s Past Supply Chain Management Practices MBD 8 22

9 Certificate Of Independent Bid Determination MBD 9 24

10 Conditions of Tender 25

11 General Conditions Of Contract 28

months and that no dispute exists between such

Back of the envelope with: bidder and municipality or municipal entity

concerned in respect of any such arrear

NO. **(all applicable taxes included)

• Required by: .......................................

• At: ........................................

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

• Brand and Model ........................................

• Country of Origin ........................................

• Does the offer comply with the specification(s)? *YES/NO

• If not to specification, indicate deviation(s) ........................................

• Period required for delivery ........................................

*Delivery: Firm/Not firm

• Delivery basis ...........................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund

contributions and skills development levies.

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

other tender;

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

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

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

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

amount of such additional expenses, the Mnquma Local Municipality shall be entitled to retain such

moneys, guarantee or deposit as security for any loss the Mnquma Local Municipality may suffer due

to such withdrawal.

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

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

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

Signature(s)

Print name(s):

On behalf of the tenderer (duly authorized)

(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance

fund contributions and skills development levies;

(b) “bid” means a written offer in the form determined by an organ of state in response to an invitation to

provide goods or services through price quotations, competitive tendering process or any other method

envisaged in legislation and “bid” has a corresponding meaning

(c) “comparative price” means the price after the factors of a non-firm price and all unconditional discounts

that can be utilized have been taken into consideration;

(d) “consortium or joint venture” means an association of persons for the purpose of combining their

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

(e) “contract” means the agreement that results from the acceptance of a bid by an organ of state;

(f) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice issued in terms of

section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. );

(g) “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or

decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty,

levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an

influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

(h) “non-firm prices” means all prices other than “firm” prices;

(i) “person” includes a juristic person;

(j) “QSE” means a Qualifying Small Enterprise as defines by Codes of Good Practice issued in terms of

section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 ( Act No. );

(k) “rand value” means the total estimated value of a contract in Rand, calculated at the time of the tender

invitation;

(l) “Reconstruction and Development Programme” the Reconstruction and Development Programme as

published in Government Gazette No. 16085 dated 23 November 1994;

(m) “specific goals” means specific goals as contemplated in section 2(1)(d) of the Act which may include

contracting with persons, or categories of persons, historically disadvantaged by unfair discrimination on the

basis of race, gender and disability including the implementation of programmes of the Reconstruction and

Development Programme as published in Government Gazette No. 16085 dated 23 November 1994;

(n) “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice;

(o) “trust” means the arrangement through which the property of one person is made over or bequeathed to

a trustee to administer such property for the benefit of another person; and

(p) “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for

such property to be administered for the benefit of another person.

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(i) Bidding documents, viz

• Invitation to bid;
• Tax clearance certificate;
• Pricing schedule(s);
• Technical Specification(s);
• Preference claims for specific goals in terms of the Preferential Procurement Regulations 2022
• Declaration of interest;
• Declaration of bidder’s past SCM practices;
• Certificate of Independent Bid Determination;
• Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

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

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

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

risk.

disposed or to be disposed of, may directly or indirectly:

a. influence or interfere with the work of any Mnquma Local Municipality officials involved in the tender process in

order to inter alia:

• influence the process and/or outcome of a tender;

. -incite breach of confidentiality and/or the offering of bribes;

-cause over- or under-invoicing;

-influence the choice of procurement method or technical standards;

-influence any Mnquma Local Municipality official in any way which may secure an unfair advantage during or at any

stage of the procurement process.

documents is also submitted. The Mnquma Local Municipality shall not be bound to consider alternative tenders.

13. Objections, Complaints, Queries and Disputes / Appeals in terms of Section 62 of the

13.1 Persons aggrieved by decisions or actions taken by the MnqumaLocal Municipality in the implementation

of the supply chain management system or any matter arising from a contract awarded in terms of the supply chain

management system may, within 14 days of the decision or action, lodge a written objection or complaint or query or dispute

against the decision or action.

Section 62 Appeals

13.2 In terms of Section 62 of the Systems Act (Municipal Systems Act, Act ), a person whose rights are

affected by a decision taken by a political structure, political office bearer, Board of directors or staff member of a Mnquma

1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the contract or

order.

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

1.9 “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.

"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.

1.10 ”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.

1.11 “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.

1.12 “GCC” means the General Conditions of Contract.

1.13 “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 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 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 Written” or “in writing” means handwritten 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.

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 in SCC.

BID NO. Description Evaluation Closing Date & Time

SCM/MLM/21/26-27 SUPPLY AND DELIVERY OF CATERING SERVICES 80/20 Date: 04/08/2026

Evaluation Criteria: The evaluation will be conducted in two (02) stages namely

Stage 1: Administrative compliance

will not be eligible for further evaluation and will be deemed as non-responsive.

Stage 2: Evaluation in terms of the 80/20 preference point systems prescribed in Preferential Procurement Regulations

Price=80 points,

Specific goals =20 points

The specific goals allocated points in Specific Goal Points Proof Required to score points

terms of this tender Allocated 20 points

NB: No points will be claimed by the bidder if it fails to submit proof required to score points for specific goals

preference points for specific goals.

And directives applicable in respect of specific goals, as prescribed in the

1.1 The following preference point systems are applicable to all bids

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included);

the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

therefore the 80/20 preference point system shall be applicable.

1.3 Preference points for this bid shall be awarded for

(b) Specific goals

1.4 The maximum points for this bid are allocated as follows

Specific goals of contribution 20

Total points for Price and Specific Goals must not 100

1.5 Failure of a bidder to submit proof of specific goals claimed will be interpreted to mean that preference

points for specific goals are not claimed.

subsequently, to substantiate any claim in regard to preferences, in any manner required by the