What are the submission requirements for this tender (Ref: SLM/SCM/05/2026/2027)?

Returnable Documents: • If Joint venture, Joint venture Agreement must be attached., NB: Failure to meet the above conditions of the bid will lead to automatic disqualification.

How will bids be evaluated?

{ "cidbGrading": "2EP or higher (compulsory).", "taxCompliance": "Valid SARS Tax Clearance Certificate or CSD registration. No bids accepted from tax defaulters.", "municipalCompliance": "No arrears on municipal rates/taxes/services. Proof required (municipal account/CSD report/proof of residence).", "biddingRestrictions": "No persons in the service of the state (as defined in MSCM Regulations) may bid.", "preQualification": "Minimum 70/100 points in functionality evaluation to proceed to financial evaluation.", "localContent": "Preference for local bidders (8 points for locality).", "bbbee": "B-BBEE Status Certificate or sworn affidavit required for preference points." }

What are the technical specifications?

Specification for High Mast Refurbishment at Ndondo Area in Cala Geographical Area Point the area Area coordinates 31°32’09.4”S 27°42’05.6”E Sakhisizwe Local Municipality have the High Mast Lights that require the refurbishment due to the conditions of the high mast lights. In 2026/27 year financial, the plan is to refurbish one high mast at Ndondo area in Cala Scope of work of the project The contractor shall provide all labour, materials, tools and supervision and other related items required to complete the project as per scope of work as per the specification. Contractors are required, advised to visit the site, verify the existing 40m height High Mast condition to develop the proposal. The project is 3 months duration. SUMMARY The contractor must cater for all required material to refurbish a 40m Height, High Mast. The High Mast is not working at all. Note the following 1. Assess the High Mast & Dismantle the Mast 2. Refurbish the High Mast once complete 3. Install a new lamp cage (Top ring), Install 6 lights (KRATOS F/L 2-4 488W 59766lm 4K 41807 M/S) 4. Commissioning the Mast Deliverables • The High Mast should be able to Switch “Off “during the day and “ON” at Night. Price 80 points will be awarded to the bidder submitting to the lowest bid. Preference 20 points will be awarded for Specific Goals required.

What are the important dates and deadlines for this tender?

{"closingDate":"11 AUGUST 2026","closingTime":"11","briefingSession":"{\"date\":null,\"time\":\"12H00\",\"venue\":\"NDONDO AREA Company 30 M.Mtsolo 15 Maclear\",\"is_compulsory\":true}"}

Who should be contacted for queries about this tender?

{"name":"Ms Y.Tofile","email":null,"phone":"045 931 1011","department":"Sakhisizwe Municipality","address":"from e-tender portal (www.etenders.gov.za) and"}

High Mast Refurbishment Tender – Ndondo Area, Cala, Eastern Cape

Compliance Requirements

Source: TENDER DOCUMENT HIGH MAST REFURBISHMENT AT NDONDO AREA IN CALA.pdf (TENDER)

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-filing

Tax compliance status

TCS PIN: OR CSD No

CSD report/statement of Municipal account/

CSD Report (Not older than 3 Months)

Csd number

Csd number must be provided

CSD Report/ Certified I

CSD Report/ Rate

CSD Report/ Letter from

CSD Report/Certified I

Central supplier database (csd), a csd

Joint venture Agreement must be attached

Completion certificates

Appointment letters with Completion certificates

proof of ownership not older than 12months) Maximum 20 Points

proof of ownership

Tax clearance certificate

Tax clearance certficate requirements

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

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

6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this

Tax compliance requirements

B-BBEE Minimum Level: 4

Points Allocation: 08 points

B-BBEE Details: ER: SLM/SCM/05/2026/2027 CLOSING DATE: 11 AUGUST 2026 CLOSING TIME: 12h00

Description high mast refurbishment at ndondo area in cala

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)

Sakhisizwe Local Municipality

15 maclear road,elliot,5460

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:

B-bbee status level verification b-bbee status

Certificate level sworn

[TICK APPLICABLE BOX] Yes No AFFIDAVIT Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE

Submitted in order to qualify for preference points for b-bbee]

Are you a

Are you the accredited foreign based

REPRESENTATIVE IN SOUTH AFRICA Yes No SUPPLIER FOR THE Yes No

For the goods /services /works goods /services

Offered? [If yes enclose proof] /works offered? [If yes, answer part b:3 ]

Total number of items offered total amount

Total amount in words

Signature of bidder

.................................... Date

Capacity under which this bid is

Signed

Bidding procedure enquiries may be directed to: technical information may be directed to:

DEPARTMENT Supply Chain DEPARTMENT Technical Services

CONTACT PERSON Yandiswa Tofile CONTACT PERSON Mxolisi Mtsolo

Telephone number (045) 931 1011 telephone number (045) 931 1011

Facsimile number (045) 931 1361 facsimile number (045) 931 1361

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

Mbd: part b

Terms and conditions for bidding

Bid submission:

1.1. Bids must be delivered by the stipul

Health & Safety

Source: TENDER DOCUMENT HIGH MAST REFURBISHMENT AT NDONDO AREA IN CALA.pdf

be attached together with the CV. 10 points

Safety Officer with the minimum of 3 years’ experience.

Attached below Certified certificated, ID and CV to claim all the 10 Points

points: 10 Points

Health & Safety Officer / Samtrac

Available Plant :(Attach proof of ownership not older than 12months) Maximum 20 Points

Plant and equipment available,

For owned Plant :Attach certified copy of proof Registration

documents

For Hired plant: Attach an lease agreement from Plant hire and

must be signed by both parties

indicating

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

incurred in the preparation and submission of a bid. Where applicable a nonrefundable fee for documents

may be charged.

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

municipality/municipal entity website.

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 GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT THE NATIONAL

TREASURY: Republic of South Africa 6 extend only as 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.

countervailing right is abolished, or where the amount of such provisional payment or any such right is

reduced, any such favorable difference shall on demand be paid forthwith by the supplier to the purchaser or

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

regard to goods or services which he delivered or rendered, or is to deliver or render in terms of the contract

or any other contract or any other amount which may be due to him.

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified

mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the

address notified later by him in writing and such posting shall be deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has

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

Contractual Terms

Source: TENDER DOCUMENT HIGH MAST REFURBISHMENT AT NDONDO AREA IN CALA.pdf

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

or current models and those they incorporate all recent improvements in design and materials unless

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

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

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

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

destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods or any portion thereof as the

case may be, have been delivered to and accepted at the final destination indicated in the contract, or for

eighteen (18) months after the date of shipment from the port or place of loading in the source country,

whichever period concludes earlier, unless specified otherwise.

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

15.4 Upon receipt of such notice, the supplier shall, within the period specify and with all reasonable speed,

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

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

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

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

the contract.

Payment

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

specified.

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

upon fulfillment of other obligations stipulated in the contract.

Government procurement: general conditions of contract the national

TREASURY: Republic of South Africa 10

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after

submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

Prices

17.1 Prices charged by the supplier for goods delivered and services

performed under the contract shall not vary from the prices quoted by the supplier in his bid, with the

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

case may be.

Variation orders

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

15% of the total value of the original contract, the contractor may be instructed to deliver the goods or render

the services as such. In cases of measurable quantities, the contractor may be approached to reduce the

unit price, and such offers may be accepted provided that there is no escalation in price.

Assignment

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

with the purchaser’s prior written consent.

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.

Delays in the supplier’s performance

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

time schedule prescribed by the purchaser in the contract.

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

conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly

notify the purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as

practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his

discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which

case the extension shall be ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small

quantities or to have minor essential services executed if an emergency arises, the supplier’s point of supply

is not situated at or near the place where the goods are required, or the supplier’s services are not readily

available.

Government procurement: general conditions of contract the national

TREASURY: Republic of South Africa 11

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

obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless

an extension of time is agreed upon pursuant to GCC Clause 22.2 without the application of penalties.

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

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

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

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

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

supplier.

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.

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

competing for or in executing the contract.

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

such terms and in such manner, as it deems appropriate, goods, works or services similar to those

undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar goods,

works or services. However, the supplier shall continue performance of the contract to the extent not

terminated.

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

restriction penalty on the supplier by prohibiting such supplier from doing business with the public sector for

a period not exceeding 10 years.

Government procurement: general conditions of contract the national

TREASURY: Republic of South Africa

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

the supplier will be allowed a time period of not more than fourteen (14) days to provide reasons why the

envisaged restriction should not be imposed. Should the supplier fail to respond within the stipulated

fourteen (14) days the purchaser may regard the supplier as having no objection and proceed with the

restriction.

23.5. Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be

applicable to any other enterprise or any partner, manager, director or other person who wholly or partly

exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with

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

associated

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

the National Treasury, with the following information:

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

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited

from doing business with the public sector.

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

and Combating of Corrupt

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

for Tender Defaulters.

When a person’s name has been endorsed on the Register, the person will be prohibited from doing

business with the public sector for a period not less than five years and not more than 10 years.

The National Treasury is empowered to determine the period of restriction and each case will be dealt with

on its own merits.

According to section 32 of the Act the Register must be open to the public. The Register can be perused on

the National Treasury website THE NATIONAL TREASURY: Republic of South Africa 12

Antidumping and countervailing duties and rights

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

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

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

or for the amount of any such increase.

When, after the said date, such a provisional payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such provisional payment or any such right is

reduced, any such favorable difference shall on demand be paid forthwith by the supplier to the purchaser or

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

regard to goods or services which he delivered or rendered, or is to deliver or render in terms of the contract

or any other contract or any other amount which may be due to him.

Force Majeure

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

of its performance security, damages, or termination for default if and to the extent that his delay in

performance or other failure to perform his obligations under the contract is the result of an event of force

majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such

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

continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all

reasonable alternative means for performance not prevented by the force majeure event.

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.

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.

Government procurement: general conditions of contract

THE NATIONAL TREASURY: Republic of South Africa 13

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

court of law.

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

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

agree; and

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

rendered according to the prescripts of the contract.

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.

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.

Applicable law

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

Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified

mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the

address notified later by him in writing and such posting shall be deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has

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

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.

Government procurement: general conditions of contract

THE NATIONAL TREASURY: Republic of South Africa 14

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

delivery of the contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of

a bid SARS must have certified that the tax matters of the preferred bidder are in order.

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

services charges are in arrears.

Transfer of contracts

33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof without the

written permission of the purchaser

Amendment of contracts

34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof

shall be valid and of any force unless such agreement to amend or vary is entered into in writing and signed

by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in

writing, shall also be in writing.

Prohibition of restrictive practices

35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement

between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is

between parties in a horizontal relationship and if a bidder(s) is/ are or a contractor(s) was / were involved in

collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has

/ have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the

Competition Commission for investigation and possible imposition of administrative penalties as

contemplated in section 59 of the Competition Act No 89 0f 1998.

35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the

restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other

remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or

part, and / or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a

period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractor(s)

Award of contracts to tenderer not scoring the highest total points

36.1 A tender must be awarded to the tenderer who scored the highest total number of points in terms of the

preference point systems (price and Specific Goals points), unless objective criteria in terms of section

2(1)(f) of the Act justify the award of the tender to another tenderer.

36.2.1 An institution may apply objective criteria in terms of section 2(1) (f) of the Act as and when the need

arises.

36.2.2. Objective criteria may be applied in terms of Section 217 of the Constitution which states that;

when an organ of state contracts for goods and services, it must do so in accordance with principles of

fairness, equitability, transparency, competitiveness and cost-effectiveness

36.2.3 The highest scoring bidder shall not be awarded more than two (2) projects, there shall be a

distribution of projects in order for other bidders to also benefit.

36.2.4. Tender defaulters without any valid reason shall not be allowed to continue tendering or doing

business with the municipality

Price negotiation

37.1 The tenders may be subjected to fair and objective price negotiations with the three preferred tenderers

scoring the highest points (from first highest to third highest) before award is made.

Mbd1:

Part a-

Invitation to bid

You are hereby invited to bid for requirements of the (sakhisizwe local municipality)

BID NUMBER: SLM/SCM/05/2026/2027 CLOSING DATE: 11 AUGUST 2026 CLOSING TIME: 12h00

Description high mast refurbishment at ndondo area in cala

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)

Sakhisizwe Local Municipality

15 maclear road,elliot,5460

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:

B-bbee status level verification b-bbee status

Certificate level sworn

[TICK APPLICABLE BOX] Yes No AFFIDAVIT Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE

Submitted in order to qualify for preference points for b-bbee]

Are you a

Are you the accredited foreign based

REPRESENTATIVE IN SOUTH AFRICA Yes No SUPPLIER FOR THE Yes No

For the goods /services /works goods /services

Offered? [If yes enclose proof] /works offered? [If yes, answer part b:3 ]

Total number of items offered total amount

Total amount in words

Signature of bidder

.................................... Date

Capacity under which this bid is

Signed

Bidding procedure enquiries may be directed to: technical information may be directed to:

DEPARTMENT Supply Chain DEPARTMENT Technical Services

CONTACT PERSON Yandiswa Tofile CONTACT PERSON Mxolisi Mtsolo

Telephone number (045) 931 1011 telephone number (045) 931 1011

Facsimile number (045) 931 1361 facsimile number (045) 931 1361

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

Mbd: part b

Terms and conditions for bidding

Bid submission:

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

Consideration.

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

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

Procurement regulations, 2022, the general conditions of contract (gcc) and, if applicable, any other

Special conditions of contract.

Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

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

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

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

Use this provision, taxpayers will need to register with SARS as e-filers through the website

Www.SARS.GOV.ZA.

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

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

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

Separate tcs certificate / pin / csd number.

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

Number must be provided.

Questionnaire to bidding foreign suppliers

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

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

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

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

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

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

System pin code from the south african revenue service (SARS) and if not register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

NO bids will be considered from persons in the service of the state.

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

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

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

Mbd 2

Tax clearance certificate

Tax clearance certficate 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 Service (SARS) to meet the bidder’s tax

obligations.

1 In order to meet this requirement bidders are required to complete in full the attached form TCC 001

“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 acceptable.

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 or on the website www.sars.gov.za.

6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this

provision, taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

The tenderer must attach to this page an original and valid South African Revenue Services Tax Clearance

Certificate in respect of his/her company, close corporation, partnership or enterprise. In the case of a joint

venture between two or more firms, the tenderer shall attach the Tax Clearance Certificate for each of the

joint venture partner.

Mbd 4

Declaration of interest

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

(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.

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:

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

Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee

Number

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

Signature Date

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

Capacity Name of Bidder

I/We hereby tender to supply/deliver any supplies and/or render all or any services described in the attached

documents to the State on the terms and conditions and in accordance with the specifications stipulated in the

tender documents at the prices and on the terms regarding time for delivery and/or execution inserted therein.

I/We agree that:-

(a) the offer herein shall remain binding upon me/us and open for acceptance by the Regional Tender Board

during the validity period indicated and calculated from the closing time of the tender:

(b) this tender and its acceptance shall be subject to the terms and conditions contained in the general

conditions and procedures with which I am/we are fully acquainted:

open for acceptance, or fail to fulfil the contract when called upon to do so, the State may, without prejudice to

its other rights, agree to the withdrawal of my/our tender or cancel the contract that may have been entered into

between me/us and the State and I/we will then pay to the State any addition expense incurred by the State

having either to accept any less favourable tender or, if fresh tenders have been invited, the additional

expenditure incurred by the invitation of fresh tenders and by subsequent acceptance of any less favourable

tender; the State shall also have the right to recover such additional expenditure by set-off against moneys

which may be due or become due to me/us under this or any other tender or against any guarantee or deposit

that may have been furnished by me/us or on my/our behalf for the due fulfilment of this or any other tender or

contract and pending the ascertainment of the amount of such additional expenditure to retain such moneys,

guarantee or deposit as security for any loss the State may sustain by reason of my/our default;

(d) if my/our tender is accepted and the acceptance may be communicated to me/us by letter or order by

ordinary post or registered post and that the S.A Post Office Ltd. Shall be regarded as my/our agent, and deliver

of such acceptance to the S.A Post Office Ltd. Shall be treated as delivery to me/us;

(e) the law of the Republic of South Africa shall govern the contract created by the acceptance of my/our

tender that I/we choose domicilium citandi et executandi in the Republic at (full address of this place).

I/we furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our

tender; that the price(s) and rate(s) quoted cover all the work/item(s) specified in the tender documents and that

the price(s) and rate(s) cover all my/our obligations under a resulting contract and I/we accepted that mistakes

regarding price/s and calculations will be at my/our risk.

I/we hereby accept full responsibility for the proper execution and fulfilment of all obligations and conditions

devolving on me/us under this agreement as the Principal(s) liable for the due fulfilment of this contract.

I/we agree that any action arising from this contract may in all respects be instituted against me/us and I/we

hereby undertake to satisfy fully any sentence or judgment which may be pronounced against me/us as a result

of such action.

I/we declare that I/we have participation/ no participation* in the submission of any other offer for the supplies

or services described in the attached documents. If in the affirmative, state name/s of Bidder/s involved.

Are you duly authorized to sign the bid? ......................................
Has the Declaration of Interest been duly completed and included with the other tender forms?

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

Signature/s to tenderer or assignee/s ......................................................

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

Capacity and particulars of the authority under which this tender is signed............................................................

Name of bidder: ............................................................

23 | P a g e

Postal Address: ............................................................

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

Telephone No: ............................................................

Facsimile: ............................................................

Bid No ............................................................

Name of contact person............................................................

Each bid shall be submitted in a separate, sealed envelope on which the NAME AND ADDRESS OF THE

BIDDDER, THE BID NUMBER AND THE CLOSING DATE shall be clearly shown. The BID shall be deposited

in tender box at Sakhisizwe Local Municipality.

Company details

Registered company name :..............................................

Company registration NO :..............................................

VAT registration NO :..............................................

Name of company director/s :..............................................

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

Contact person/s :..............................................

Contact NO :..............................................

Fax NO :..............................................

E-mail address :..............................................

Phyical address :..............................................

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

Postal address :..............................................

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

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Mbd 6.1

Preference points claim form in terms of the preferential procurement

Regulations 2022

This preference form must form part of all tenders invited. It contains general information and serves

as a claim form for preference points for specific goals.

Nb: before completing this form, tenderers must study the general

Conditions, definitions and directives applicable in respect of the

Tender and preferential procurement regulations, 2022

General conditions

1.1 The following preference point systems are applicable to invitations to tender:

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

applicable taxes included); and

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

taxes included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).

a) The applicable preference point system for this tender is the 90/10

preference point system.

b) The applicable preference point system for this tender is the 80/20

preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in

this tender. The lowest/ highest acceptable tender will be used to determine the accurate

system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be

awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this

tender to claim points for specific goals with the tender, will be interpreted to mean that

preference points for specific goals are not claimed.

25 | P a g e

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is

adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in

any manner required by the organ of state.

Definitions

(a) “tender” 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;

(b) “price” means an amount of money tendered for goods or services, and includes all

applicable taxes less all unconditional discounts;

bid invitation, and includes all applicable taxes;

(d) “tender for income-generating contracts” means a written offer in the form determined by

an organ of state in response to an invitation for the origination of income-generating contracts

through any method envisaged in legislation that will result in a legal agreement between the

organ of state and a third party that produces revenue for the organ of state, and includes, but

is not limited to, leasing and disposal of assets and concession contracts, excluding direct

sales and disposal of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

Formulae for procurement of goods and services

3.1. Points awarded for price

3.1.1 The 80/20 or 90/10 preference point systems

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. Formulae for disposal or leasing of state assets and income

Generating procurement

3.2.1. Points awarded for price

A maximum of 80 or 90 points is allocated for price on the following basis:

26 | P a g e

80/20 or 90/10

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement

Regulations, preference points must be awarded for specific goals stated in the

tender. For the purposes of this tender the tenderer will be allocated points based on

the goals stated in table 1 below as may be supported by proof/ documentation

stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states

that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of

state must, in the tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10

preference point system will apply and that the highest acceptable tender will be

used to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system

will apply and that the lowest acceptable tender will be used to determine the

applicable preference point system,

then the organ of state must indicate the points allocated for specific goals for both the 90/10

and 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

Number of Required document to Number of points

points claim preference points

allocated

The specific goals allocated (90/10 system)

(80/20 system)points in terms of this (To be completed

tender (To be by the organ of

completed by state)

the organ of

state)

Women Owned Company 02 Points CSD Report/ Certified I.D

of Directors

Locality 08 Points CSD Report/ Rate

Clearance/ Proof of

Address

People Living with 02 Points CSD Report/ Letter from

Disabilities Dr Confirming disability

Black Owned Company 08 Points CSD Report/Certified I.D

Copy of Director

27 | P a g e

Locality

Locality of supplier Number of Points for Locality

Within the boundaries of Sakhisizwe Local 08 Points

Municipality

Within the boundaries of Chris Hani District 06 Points

Within the boundaries of the Eastern Cape 04 Points

Outside the boundaries of the Eastern 02 Points

Cape/ within South Africa

Outside South Africa 0 Point

Declaration with regard to company/firm

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that

the points claimed, based on the specific goals as advised in the tender, qualifies the

company/ firm for the preference(s) shown and I 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

paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to

the satisfaction of the organ of state 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 organ of state may, in addition to any

other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of

that person’s conduct;

result of having to make less favourable arrangements due to such

28 | P a g e

cancellation;

(d) recommend that the tenderer or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted 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, if deemed necessary.

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

Signature(s) of tenderer(s)

Surname and name: ................................................................

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

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

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

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Mbd 6.2

Declaration certificate for local production and content

This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general information

and serves as a declaration form for local content (local production and local content are used

interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives

applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2017 and

the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:201x.

General Conditions

1.1. Preferential Procurement Regulations, 2017 (Regulation 9. (1) and 9. (3) make provision for the

promotion of local production and content.

1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids local

production and content is of critical importance, such bids must be advertised with the specific bidding

condition that only locally produced goods, services or works or locally manufactured goods, with a

stipulated minimum threshold for local production and content will be considered.

1.3. Regulation 9.(3) prescribes that where there is no designated sector, a specific bidding condition may

be included, that only locally produced services, works or goods or locally manufactured goods with a

stipulated minimum threshold for local production and content, will be considered.

1.4. Where necessary, for bids referred to in paragraphs 1.2 and 1.3 above, a two stage bidding process

may be followed, where the first stage involves a minimum threshold for local production and content

and the second stage price and B-BBEE.

1.5. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner

that the local production and content of the overall value of the contract is reduced to below the

stipulated minimum threshold.

1.6. The local content (LC) as a percentage of the bid price must be calculated in accordance with the

SABS approved technical specification number SATS 1286: 201x as follows:

LC = 1 x 100

Where

x imported content

y bid price excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange

rate published by the South African Reserve Bank (SARB) at 12:00 on the date, one week (7 calendar

days) prior to the closing date of the bid as required in paragraph 4.1 below

1.7. A bid will be disqualified if:

the bidder fails to achieve the stipulated minimum threshold for local production and content

indicated in paragraph 3 below; and.

this declaration certificate is not submitted as part of the bid documentation.

Definitions

2.1. “bid” includes advertised competitive bids, written price quotations or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;

30 | P a g e

Fully completed and signed Bid document and (MBD 1 to 9)
Latest Full CSD Report (Not older than 3 Months)
COIDA Letter of Good standing
CIDB Proof of Registration
Certified Copy of identity documents (not older than 6 months)
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

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

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

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

documents incorporated by reference therein.

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

performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the

action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its

government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the

services are supplied. Goods are produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new product results that is substantially different

in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

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

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

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

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

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

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA

at lower prices than that of the country of origin and which have the potential to harm the local

industries in the RSA.

Government procurement: general conditions of contract

THE NATIONAL TREASURY: Republic of South Africa 4

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

or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in

its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight

embargoes.

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

the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders

(prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to

deprive the bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

supply to the purchaser under the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts

or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and

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

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

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

bid will be manufactured.

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

provided that local manufacture does take place.

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

machinery and includes other related value-adding activities.

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

service.

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the

Government procurement: general conditions of contract

THE NATIONAL TREASURY: Republic of South Africa

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

other such obligations of the supplier covered under the contract.

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

required and specified service(s) to the State.

1.26“Tort”means in breach of contract.

1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all

aspects of the project and delivers the full end product / service required by the contract.

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

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

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

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

intellectual, copy and patent rights or ownership of such documents or projects will vest in the municipality /

municipal entity.

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

to the purchaser the performance security of the amount specified in SCC.

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

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

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

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

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

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

form acceptable to the purchaser; or

(b) a cashier’s or certified cheque.

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

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

including any warranty obligations, unless otherwise specified.

Government procurement: general conditions of contract

THE NATIONAL TREASURY: Republic of South Africa 7

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

services, if any:

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

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

goods;

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

agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations

under this contract; and

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

operation, maintenance, and/or repair of the supplied goods.

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

shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

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

and information pertaining to spare parts manufactured or distributed by the supplier:

Government procurement: general conditions of contract

THE NATIONAL TREASURY: Republic of South Africa 9

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

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

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

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

to procure needed requirements; and

(ii) Following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.

Warranty