How will bids be evaluated?

Bidder must be a SANAS-accredited B-BBEE verification agency (or otherwise qualified as per the B-BBEE Codes). Must be registered on the Central Supplier Database and the CWDM Supplier Database. Must have a valid SARS Tax Compliance Status Pin. Must not have municipal rates/taxes arrears exceeding 3 months. Must submit all required standard forms (MBD 1, 4, 6.1, 7, 8, 9, etc.) completed in black ink with no Tippex corrections. Joint ventures must provide consolidated B-BBEE certificate and separate tax compliance for each member.

What are the important dates and deadlines for this tender?

{"closingDate":"16 October 2026","closingTime":"11:00"}

Who should be contacted for queries about this tender?

{"name":null,"email":null,"phone":"086 126 5263","department":", Cape Winelands","address":"NG 30 JUNE 2029"}

SANAS-Accredited B-BBEE Verification Services – Cape Winelands District Municipality (T 2026/068)

Technical Specifications

Source: T 2026 068 TENDER DOCUMENT FINAL.pdf (TENDER)

30 june 2029

The successful bidder will be required to fill in and sign a written contract

Form (mbd7).

Bid response documents may be deposited in the tender box situated at:

29 du toit street, stellenbosch

Supplier information

Name of bidder

Postal address

Street address

Contact person

Telephone number Code Number

Cell phone number

E-mail address

VAT registration number

COIDA CF registration number

COIDA certificate number

Tcs

Tax compliance status OR CSD No: MAAA

Pin:

Specific goals in terms of this tender:

50% of the 20/10 points will be allocated to promote the goal of B-BBEE status level of

contributor and points will be allocated in terms of the B-BBEE scorecard

50% of the 20/10 points will be allocated to promote the specific goal of locality and points

will be allocated in terms of where the enterprise’ head office or primary place of business or

regional or satellite office is located

B-BBEE status level verification

certificate Yes No

Proof of Locality

[tick applicable box] Yes No

[tick applicable

B-BBEE status level sworn box]

affidavit Yes No

[tick applicable box]

[A b-bbee status level verification certificate / sworn affidavit (for emes

& QSEs) AND PROOF OF LOCALITY MUST BE SUBMITTED IN ORDER TO QUALIFY FOR

Preference points]

Are you the accredited Are you a foreign

Yes No Yes No

representative in South Africa for based supplier for

the goods / services / works the goods / services /

[If yes enclose proof] [If yes, answer part

offered? works offered?

b:3

Total number of items offered Total bid price R

Signature of bidder Date

Capacity under which this bid is

signed

T 2026/068 28

Technical information may be directed to:

Contact person Karina Smit

Telephone number 021 888 5312

E-mail address [email protected]

Bidding procedure enquiries may be directed

Contact person Elmine Niemand

Telephone number 021 888 5175

E-mail address [email protected]

Terms and conditions for bidding – part b

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(s): ...................................................................................................................................

Name(s): .............................................................................................................................................

Capacity for the Tenderer: ............................................................................................................

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

T 2026/068 29

F. Special conditions of contract and terms of

Reference

1.1 Tenders are invited from SANAS-accredited B-BBEE verification agencies to provide the

Cape Winelands District Municipality with B-BBEE verification services in terms of the B-

BBEE Regulations, including the issuance of valid B-BBEE certificates and accompanying

reports.

1.2 The service provider must perform all verification activities in accordance with:

(a) the Broad-Based Black Economic Empowerment Act, 2003 (Act No. ), as

amended;

(b) the B-BBEE Codes of Good Practice;

(d) SANAS accreditation requirements;

(e) applicable B-BBEE Regulations;

(f) any directives issued by the Department of Trade, Industry and Competition (dtic).

2.1 The Cape Winelands District Municipality is an organ of state within the local sphere of

government exercising legislative and executive authority within its area of jurisdiction as

specified by the Local Government: Municipal Structures Act, 1998 (Act No. ).

2.2 The Broad-Based Black Economic Empowerment Amendment Act, 2013

(Act No. ), paragraph 13G(1) states, all spheres of government, public entities

and organs of state must report on their compliance with broad-based black economic

empowerment in their audited annual financial statements and annual reports.

3.1 Consult with staff of the Cape Winelands District Municipality to collect information required

for the verification.

3.2 Analyse all required information and supporting documents of the Cape Winelands District

Municipality to ensure accuracy and adherence to minimum requirements.

3.3 Perform a detailed verification of required versus submitted documentation in preparation

to the verification with specific reference to the following areas:

(a) Ownership

(b) Management Control

(d) Preferential Procurement

(e) Enterprise and Supplier Development

(f) Socio-Economic Development

(g) Verification of all prescribed indicators and supporting documentation required for

public sector B-BBEE compliance reporting.

3.4 Perform the B-BBEE verification of the Cape Winelands District Municipality for multiple

financial years and upon conclusion of the verification process, issue the Municipality with

the following documents:

(a) B-BBEE Verification Certificate

(b) B-BBEE Compliance Report

T 2026/068 30

Quality Management

Source: T 2026 068 TENDER DOCUMENT FINAL.pdf

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

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

stage be subject to inspections, tests and analyses, the bidder or contractor’s premises shall

be open, at all reasonable hours, for inspection by a representative of the purchaser or

organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention

is made in the contract, but during the contract period it is decided that inspections shall be

carried out, the purchaser shall itself make the necessary arrangements, including payment

arrangements with the testing authority concerned.

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

in accordance with the contract requirements, the cost of the inspections, tests and analyses

shall be defrayed by the purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract

requirements, irrespective of whether such goods or services are accepted or not, the cost

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

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply

with the contract requirements may be rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be

rejected if found not to comply with the requirements of the contract. Such rejected goods

shall be held at the cost and risk of the supplier who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with goods, which do comply with

the requirements of the contract. Failing such removal the rejected goods shall be returned

at the suppliers cost and risk. Should the supplier fail to provide the substitute goods

forthwith, the purchaser may, without giving the supplier further opportunity to substitute the

rejected goods, purchase such goods as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel

the contract on account of a breach of the conditions thereof, or to act in terms of Clause 22

of GCC.

T 2026/068 19

Compliance Requirements

Source: T 2026 068 TENDER DOCUMENT FINAL.pdf (TENDER)

Tax Compliance Status Pin, printed from the South African Revenue Service

Tax Compliance Status Pin, printed from the SARS website, with the bid documents

Tax Compliance Status Pin as an attachment to the bid

Tax Compliance Status Pin will be verified by the Municipality on the SARS website

Tax compliance status OR CSD No: MAAA

Tax compliance requirements

tax compliance status (TCS) certificate or pin may also be made via e-filing

tax compliance

CSD number

CSD number must be provided

Central Supplier Database, prior to the closing date of the tender

central supplier database (CSD), a CSD

Database and the Central Supplier Database, prior to the closing date of the tender.

Letter of Good Standing from the Commissioner of Compensation

liabilities in accordance with the provisions of the COMPENSATION FOR OCCUPATIONAL

B-BBEE Minimum Level: 4

Points Allocation: 10 points

B-BBEE Details: TENDER NUMBER: T 2026/068

Provision of b-bbee verification services for the period

Ending 30 june 2029

Company name: .............................................................................................

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

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

Any enquiries regarding the bidding procedure may be directed to:

Financial Services

Supply Chain Management

Tel: 086 126 5263

T 2026/068 1

T 2026/068

Provision of b-bbee verification services for the period ending 30 june 2029

Table of Contents

A. Tender notice ................................................................................................................. 3

B. General conditions and information .................................................................... 4

C. National treasury - government procurement: general conditions of

Contract ......................................................................................................................... 16

D. Application of preference point system in terms of the preferential

Procurement regulations 2022 .............................................................................. 27

E. Invitation to bid - mbd1 ............................................................................................... 28

F. Special conditions of contract and terms of reference ......................... 30

G. Form of offer ............................................................................................................... 45

H. Acceptance .............................

Health & Safety

Source: T 2026 068 TENDER DOCUMENT FINAL.pdf

tender form must also be made in BLACK ink and signed by the bidder.

Any tender documents received with correction fluid (Tippex) corrections shall be disqualified.

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

additional information to the notice of the Municipality, it should do so in writing to the

T 2026/068 9

A QSE is required to submit a sworn affidavit confirming their annual total revenue of

between R10 million and R50 million and level of black ownership or a B-BBEE level

verification certificate to claim points.

A QSE that is regarded as a specialized enterprise is required to submit a sworn

affidavit confirming their annual turnover/ budget/ gross receipt of R50 million or less

and level of percentage of black beneficiaries or a B-BBEE level verification certificate

to claim points

16.2 Locality

The programmes of the RDP (published in Government Gazette No. 16085 dated

23 November 1994) relevant to this Municipality in the context of preferential procurement

specific goals are the promotion of enterprises located in a specific district for work to be

done or services to be rendered in that District and the promotion of enterprises located in a

specific province for work to be done or services to be rendered in that province.

The service provider shall not, without the District Municipality’s prior written consent,

disclose the agreement, or any provision thereof, or any specification, plan, drawing, pattern,

sample, or information furnished by or on behalf of the District Municipality in connection

therewith, to any person other than a person employed by the service provider in the

performance of the agreement. Disclosure to any such employed person shall be made in

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

performance.

T 2026/068 10

The service provider shall permit the District Municipality to inspect the supplier’s records

relating to the performance of the service provider and to have them audited by auditors

appointed by the District Municipality, if so required by the District Municipality.

concerned 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;

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

any expense incurred in the preparation and submission of a bid. Where applicable a non-

refundable fee for documents may be charged.

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

municipality/municipal entity website.

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

any provision thereof, or any specification, plan, drawing, pattern, sample, or information

furnished by or on behalf of the purchaser in connection therewith, to any person other than

a person employed by the supplier in the performance of the contract. Disclosure to any such

employed person shall be made in confidence and shall extend only so far as may be

necessary for purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any

document or information mentioned in GCC Clause 5.1 except for purposes of performing

the contract.

5.3 Any document, other than the contract itself mentioned in GCC Clause 5.1 shall remain the

property of the purchaser and shall be returned (all copies) to the purchaser on completion

of the supplier’s performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the

performance of the supplier and to have them audited by auditors appointed by the

purchaser, if so required by the purchaser.

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

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

paid forthwith by the supplier to the purchaser or the purchaser may deduct such amounts

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

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

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

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

certified mail and any other notice to him shall be posted by ordinary mail to the address

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

deemed to be proper service of such notice.

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

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

T 2026/068 25

Contractual Terms

Source: T 2026 068 TENDER DOCUMENT FINAL.pdf

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

most recent or current models, and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials, or

workmanship (except when the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may develop under normal

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

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

as the case may be, have been delivered to and accepted at the final destination indicated

in the contract, or for eighteen (18) months after the date of shipment from the port or place

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

otherwise.

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

warranty.

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

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

purchaser.

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

the purchaser may proceed to take such remedial action as may be necessary, at the

supplier’s risk and expense and without prejudice to any other rights which the purchaser

may have against the supplier under the contract.

Payment

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

be specified.

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

delivery note and upon fulfilment of other obligations stipulated in the contract.

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

after submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

T 2026/068 21

16.5 Where the value of an intended contract will exceed R1 000 000,00 (R1 million) it is the

bidder’s responsibility to be registered with the South African Revenue Service (SARS) for

VAT purposes in order to be able to issue tax invoices. It is a requirement of this contract that

the amount of value-added tax (VAT) must be shown clearly on each invoice. The amended

Value-Added Tax Act requires that a Tax Invoice for supplies in excess of R3 000 should, in

addition to the other required information, also disclose the VAT registration number of the

recipient, with effect from 1 March 2005.

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. For construction related goods, services

and/or infrastructure project, contracts may be expanded or varied by not more than 20%. 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.

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.

T 2026/068 22

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

practices in competing for or in executing the contract.

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

procure, upon such terms and in such manner, as it deems appropriate, goods, works or

services similar to those undelivered, and the supplier shall be liable to the purchaser for any

excess costs for such similar goods, works or services. However, the supplier shall continue

performance of the contract to the extent not terminated.

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

to impose a restriction penalty on the supplier by prohibiting such supplier from doing

business with the public sector for a period not exceeding ten (10) years.

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

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

provide reasons why the envisaged restriction should not be imposed. Should the supplier

fail to respond within the stipulated fourteen (14) days the purchaser may regard the supplier

as having no objection and proceed with the restriction.

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

purchaser, also be applicable to any other enterprise or any partner, manager, director or

other person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first-mentioned person, and with which enterprise or person the first-

mentioned person, is or was in the opinion of the purchaser actively associated.

T 2026/068 23

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, 2004 (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 (5) years and not more than

ten (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

website

Antidumping and countervailing duties and rights

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

countervailing duties are imposed, or the amount of a provisional payment or anti-dumping

or countervailing right is increased in respect of any dumped or subsidized import, the State

is not liable for any amount so required or imposed, or for the amount of any such increase.

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

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

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

paid forthwith by the supplier to the purchaser or the purchaser may deduct such amounts

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

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

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

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.

T 2026/068 24

Settlement of disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort

to resolve amicably such dispute or difference by mutual consultation.

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

mutual consultation, then either the purchaser or the supplier may give notice to the other

party of his intention to commence with mediation. No mediation in respect of this matter

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

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

South African court of law.

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

(a) The parties shall continue to perform their respective obligations under the contract

unless they otherwise agree; and

(b) The purchaser shall pay the supplier any monies due the supplier for goods delivered

and / or services rendered according to the prescripts of the contract.

Limitation of liability

28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement

pursuant to Clause 6 –

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

for any indirect or consequential loss or damage, loss of use, loss of production, or loss

of profits or interest costs, provided that this exclusion shall not apply to any obligation

of the supplier to pay penalties and/or damages to the purchaser; and

(b) The aggregate liability of the supplier to the purchaser, whether under the contract, in

tort or otherwise, shall not exceed the total contract price, provided that this limitation

shall not apply to the cost of repairing or replacing defective equipment.

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.

T 2026/068 25

Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and

other such levies imposed outside the purchaser’s country.

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

until delivery of the contracted goods to the purchaser.

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

the award of a bid SARS must have certified that the tax matters of the preferred bidder are

in order.

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

municipal services charges are in arrears.

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, 1998 (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, 1998

(Act No ).

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

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

to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or

terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from

conducting business with the public sector for a period not exceeding ten (10) years and / or

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

T 2026/068 26

D. Application of preference point system in terms of the

Preferential procurement regulations 2022

Regulation No. 4 November 2022 provide for a preference points system. The

applicable 80/20 preferential points system as set out in Preferential Procurement Regulations 2022

will be used to evaluate individual tenders

80/20 Preference point system [(for acquisition of goods or services for a Rand value equal

to or above R30 000 and up to R50 million) (all applicable taxes included)]

The points are awarded as follows:

80 points is awarded for the lowest price if it complies with the Tender / Formal Written Price

Quotation conditions.

Additional points are awarded for the following specific goals:

B-BBEE status level of contributor and “Locality”

50% of the 20/10 points will be allocated to promote the goal of B-BBEE status level of

contributor and points will be allocated in terms of the B-BBEE scorecard as follows:

B-BBEE Status Level of Number of Points for Number of Points for

Contributor Preference (80/20) Preference (90/10)

1 50% of 20 50% of 10

2 50% of 18 50% of 9

3 50% of 16 50% of 8

4 50% of 12 50% of 5

5 50% of 8 50% of 4

6 50% of 6 50% of 3

7 50% of 4 50% of 2

8 50% of 2 50% of 1

Non-compliant contributor 0 0

50% of the 20/10 points will be allocated to promote the specific goal of locality. Points will

be allocated as follows:

Number

No. Requirement of

Points

Procurement under the 80/20 preference points system where the

enterprise head office or primary place of business or regional or satellite

1 5

office is located within the boundaries of the Cape Winelands District

Municipal Area

Procurement under the 90/10 preference points system where the

enterprise head office or primary place of business or regional or satellite

2 2.5

office is located within the boundaries of the Cape Winelands District

Municipal Area

Procurement under the 80/20 preference points system where the

3 enterprise head office or primary place of business or regional or satellite 5

office is located within the boundaries of the Western Cape Province

Procurement under the 90/10 preference points system where the

4 enterprise head office or primary place of business or regional or satellite 2.5

office is located within the boundaries of the Western Cape Province.

T 2026/068 27

E. Invitation to bid - mbd1

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

Municipal entity)

Tender number: T 2026/068 Closing date: 16/10/2026 Closing time: 11h00

Provision of b-bbee verification services for the period ending

Procurement regulations 2022 (mbd 6.1) ............................................................. 56

M. Contract form – purchase of goods/works or rendering of services

(MBD 7.1 or 7.2) .................................................................................................................. 60

N. Declaration of bidder’s past supply chain management practices – mbd

8 .......................................................................................................................................... 62

O. Certificate of independent bid determination (mbd 9) .................................. 64

P. Municipal rates and services ................................................................................. 66

Q. Authority for signatory .......................................................................................... 67

R. Credit order instruction ........................................................................................ 68

S. Compulsory documentation / checklist ............................................................ 69

T. Capability of bidder .................................................................................................... 70

T 2026/068 2

the Municipality and the subcontractor, or a responsibility or liability on the part of the

auditors approved by IRBA must –

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

registration number with IRBA and the auditor’s logo.

Clearly record an approved B-BBEE Verification Certificate identification reference in the

format required by the SASAE;

Reflect relevant information regarding the identity and location of the measured entity;
Identify the Codes of Good Practice or relevant Sector Codes applied in the

determination of the scores;

Record the weighting points (scores) attained by the measured entity for each scorecard

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

Contribution; and

Reflect that the B-BBEE Verification Certificate and accompanying assurance report

issued to the measured entity is valid for 12 months from the date of issuance and reflect

both the issuance and expiry date.

service provider if the service provider becomes bankrupt or otherwise insolvent. In this

event, termination will be without compensation to the service provider, provided that such

termination will not prejudice or affect any right of action or remedy which has accrued or will

accrue thereafter to the District Municipality.

and the service provider 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.

If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the District Municipality or the service provider 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.

that is valid on closing date of the bid from the Department of Employment and Labour or

any institution that is licensed to carry out the business of insurance of its members against

liabilities in accordance with the provisions of the COMPENSATION FOR OCCUPATIONAL

INJURIES AND DISEASES ACT, 1993 (Act No. ) or a copy thereof must

accompany the bid documents. The Letter of Good Standing (valid at closing date) can

alternatively be submitted on a date as mutually agreed upon between the bidder and the

other information that may be requested pursuant to this tender, bidders are consenting to

the processing by the Cape Winelands District Municipality or its stakeholders of the bidders

personal information and all other personal information contained therein, as contemplated

in the Protection of Personal Information Act, 2013 (Act No ) and Regulations

promulgated thereunder (“POPI Act”). Further, bidders declare that they have obtained all

consents required by the POPI Act or any other law applicable. Thus, bidders hereby

indemnify the Cape Winelands District Municipality against any civil or criminal action,

administrative fine or other penalty or loss that may arise as a result of the processing of any

personal information that you submit.

T 2026/068 15

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.

T 2026/068 16

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 labour, materials,

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

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

rendering of a service.

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as

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

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

other such obligations of the supplier covered under the contract.

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

administer the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract

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

responsibility for all aspects of the project and delivers the full end product / service required

by the contract.

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

writing.

T 2026/068 17

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.

T 2026/068 18

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.

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;

of the supplied goods;

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

period of time agreed by the parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

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

assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

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

the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing

rates charged to other parties by the supplier for similar services.

T 2026/068 20

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

notifications, and information pertaining to spare parts manufactured or distributed by the

supplier:

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

that this election shall not relieve the supplier of any warranty obligations under the

contract; and;

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

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

to permit the purchaser to procure needed requirements; and

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

drawings, and specifications of the spare parts, if requested.

Warranty