Alienation of unregistered erf 21791 mossel bay, mountain view

Closing date: 2 October 2026, 12h00. Tender box emptied just after 12h00; bids opened in public. Site/information meetings, if specified in the advert, are compulsory; bidders arriving or logging in 15 minutes or more late will not be allowed to attend. No specific briefing date or venue is stated in the document.

Specification enquiries: Ms. Sesethu Jombile, (044) 606-5000 ext 6421, [email protected]; Ms. Susan Human, (044) 606-5070, [email protected]. Document enquiries: Ms. Nicole Saunders, (044) 606-5194, [email protected]. Tender documents obtainable from Supply Chain Management Offices, 101 Marsh Street, Mossel Bay, or via website www.mosselbay.gov.za.

Submission method: sealed envelope(s) placed in the tender box at the Entrance of the Mossel Bay Town Hall, 101 Marsh Street, Mossel Bay, by 12h00 on 2 October 2026. Envelopes must be clearly marked with the tender number, title, and closing date. Two-envelope system: Functional Proposal and Financial Proposal must be in separate sealed envelopes, clearly marked; unmarked bids will not be opened or evaluated. Faxed, e-mailed, or late tenders will not be accepted. Tenders must be submitted on the original documents, completed in black ink, and signed by the authorised signatory. Retyped documents, unauthorised alterations, or missing material pages will result in disqualification. Section 5 (Declaration) must be completed and signed. Returnable forms include: MBD1 (Bid Requirements), MBD4 (Declaration of Interest), MBD5 (Declaration for Procurement Above R10 Million), MBD6.1 (Preference Points Claim), MBD8 (Past SCM Practices), MBD9 (Certificate of Independent Bid Determination), Municipal Rates and Taxes form, Authorised Signatory resolution, and Joint Venture Agreement (if applicable).

Compulsory documentation includes: Tax Compliance Status Pin from SARS, CIDB registration (if applicable), municipal rates and taxes accounts, lease agreements or affidavits if not owning property, authorised signatory resolution, Letter of Good Standing from Compensation Commissioner, and proof of B-BBEE status and locality.

Two-stage evaluation: Stage 1 (Functional) scores the Proposal and design out of 100 points; bidders scoring less than 80 are non-responsive and will not proceed. Stage 2: responsive bids are evaluated on the 80/20 or 90/10 Preference Points System. A maximum of 20 points (80/20) or 10 points (90/10) is allocated for specific goals: 50% for B-BBEE status level and 50% for locality. Locality points: Mossel Bay municipal area (10 points under 80/20, 5 under 90/10), Garden Route District (6/3), Western Cape Province (4/2), other provinces (0). Bidders must submit proof of B-BBEE status and locality (e.g., municipal account, lease agreement, or affidavit).

The property is Erf 21791 Mossel Bay, Mountain View, 2,646 m2, zoned Business Zone I. Development must include a food retail anchor (grocery store) and line shops. No liquor store allowed. The successful bidder must construct a parking area on Erf 21792 to the satisfaction of the Directorate: Infrastructure Services, and donate the infrastructure to the Municipality. Landscaping of all sidewalks adjacent to Erf 21791 and Erf 21792 is required. The Municipality reserves free access for inspection and maintenance. The bidder is responsible for costs related to environmental or town planning requirements. Design considerations include: mix of small to medium retail units, active frontages, shared services (waste disposal, loading zones), energy-efficient lighting and appliances, rainwater harvesting, waste separation and recycling stations, minimised light pollution, access to basic services (electricity, water points, waste bins), educational signage, and volunteer programmes. A concept Site Development Plan is required, and a presentation to Council is required. Development must be completed and an Occupancy Certificate obtained within 24 months from date of registration, otherwise the property reverts to the Municipality for the original purchase price.

Specifications for development: zoning compliance, anchor tenant (food retailer) requirements, line shops and informal trading provisions, pedestrian mobility design, architectural design principles, public ablution facilities, sustainability measures, landscaping and maintenance plan, community engagement, and community facilities.

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

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

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

decisions may result in the rejection of the bid.

1.2.16 Opening, Recording and Publications of Tenders Received

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

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

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

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

1.2.17 Evaluation of Tenders

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

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

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

or organization acting on behalf of the purchaser.

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

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

payment arrangements with the testing authority concerned.

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

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

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

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

supplier.

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

rejected.

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

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

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

(Grocery Store) with line-shops as part of the development and, should the successful Bidder fail to erect such

structures and obtain an Occupancy Certificate for the specified purpose within 24 months from date of

registration or not use the property as specified, the property will revert back to the Municipality for the same

amount as the original purchase price.

2.1.3 That no Liquor Store be allowed.

2.1.4 That the successful Bidder construct a parking area to the satisfaction of the Directorate: Infrastructure

Services on Erf 21792 Mossel Bay and that the created infrastructure be donated to the Municipality.

2.1.5 That the successful Bidder landscape all sidewalks adjacent to Erf 21791 and Erf 21792 Mossel Bay to the

satisfaction of the Municipality.

2.1.6 That the Municipality reserves the right of free access to the properties, without notice, for the purpose of

inspection, maintenance, renewal, cleansing, repair and construction of municipal services.

2.1.7 That the successful Bidder will further be responsible for the costs relating to any Environmental or Town

SECTION 1 PAGE nr

1.1 Invitation to tender 3

1.2 Tender conditions and information 4

1.3 General conditions of contract 12

1.4 Special conditions of contract 19

Section 2

2.1 Specifications 21

2.2 Pricing schedule 32

Section 3

3.1 Mbd1: bid requirements of the mossel bay municipality 33

Section 4

4.1 Mbd4: declaration of interest 36

4.2 Mbd5: declaration for procurement above r10 million 39

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

4.3 40

Procurement regulations, 2022

4.4 Municipal rates and taxes 46

4.5 Authorised signatory 47

Mbd8: declaration of bidder’s past supply chain management

4.6 48

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

1.2.8 Other Documentation

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

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

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

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

deregistered on the day of evaluation.

1.2.8.2 Municipal Rates, Taxes and Charges

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

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

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

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

their municipal accounts are in order.

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

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

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

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

be submitted with the tender document.

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

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

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

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

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

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

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

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

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

submitted.

1.2.9 Authorised Signatory

(a) A copy of the recorded Resolution taken by the Board of Directors, members, partners or trustees

authorising the representative to submit this bid on the bidder’s behalf must be attached to the Bid

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.

Tender amount must be stated including VAT. Pricing schedule is in Section 2.2. The successful bidder is liable for all duties and costs on legal documents, surety, guarantees, and retentions. Performance security may be required as specified in the Special Conditions of Contract (SCC). The Municipality may negotiate with the successful bidder to limit work if tender prices exceed available funds.

CSD registration: mandatory; the Municipality may not award to unregistered bidders. Tax Compliance Status Pin from SARS must accompany the bid; verified by the Municipality. Municipal rates and taxes: bidders and directors must not be in arrears for more than three months; copies of municipal accounts for the month preceding closure must be submitted; lease agreements or affidavits required if not owning property. Letter of Good Standing from the Compensation Commissioner must accompany the bid; for joint ventures, each member must submit one. CIDB registration (if applicable) must be included; suspended, inactive, or deregistered status makes the bid non-responsive. Authorised signatory resolution must be attached. B-BBEE status level proof required (sworn affidavit or certificate). Locality proof required (municipal account, lease agreement, or affidavit). Joint venture agreement must be submitted; each member must submit a SARS tax pin, profit/liability sharing agreement, and board resolution.

B-BBEE status level of contribution is required. Proof of B-BBEE status must be submitted via sworn affidavit or certificate from a verification agency, auditor, or IRBA-approved auditor, with specific details. Points for specific goals are allocated based on B-BBEE scorecard and locality.

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

will be disqualified and will not be evaluated.

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

completed and signed by the owner.

1.2.10 Site / Information Meetings

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

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

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

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

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

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

permission to do so.

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

information or online briefing meeting.

1.2.11 Samples

Procurement under the 80/20 preference

1 points system where the supplier or 10 6 4

service provider is located in:

Procurement under the 90/10 preference

2 points system where the supplier or 5 3 2

service provider is located in:

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

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

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

agreement for this address or sworn affidavit from the registered owner of the property stating

occupancy by the bidder is required.

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

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

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

addresses do not qualify as a business premises.

1.2.28 Letter of Good Standing from the Commissioner of Compensation

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

must accompany the bid documents.

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

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

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

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

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

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

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

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

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

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

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

clause 5.1 except for purposes of performing the contract.

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

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

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

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

21. Delays in the supplier’s performance

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

the purchaser in the contract.

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

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

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

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

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

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

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

readily available.

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

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

22.2 without the application of penalties.

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

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

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

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

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

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

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

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

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

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

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

which may be due to him.

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

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

shall be deemed to be proper service of such notice.

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

from the date of posting of such notice.

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

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

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

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

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

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

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

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

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

ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.

Section 1.4: Request for proposal

1.4.1 The tender evaluation be done through a two-envelope tender process with the following criteria amongst

others be included:

1.4.1.1 In the first envelope the development proposal and design will be evaluated: Adhering to the parameters set

in the existing zoning, food retailer Anchor Type, catering for line shops, informal trading proposals, pedestrian

mobility proposals to be provided, building esthetical appeal, provision of public ablution facilities, use of

renewable energy, water saving measures, landscaping and landscaping maintenance proposals and creative

community facilities incorporated (for example playpark for children etc.) into the design.

1.4.1.2 In the second envelop the proposed purchase price will be evaluated.

1.4.2 That the successful bidder be awarded the opportunity to make a presentation to Council with regards to the

envisaged development on the property during the submission and evaluation process of the Site Development

• Provision for electricity, water, and waste management

• Ventilation and climate control options (natural or mechanical)

• Fire safety systems and emergency exits

• Use of local materials and finishes to reflect cultural identity

• Coordinated colour schemes and architectural detailing

• Landscaping elements (e.g., planters, greening) to soften hard edges

• Roller shutters or secure glazing for after-hours protection

• Lighting for visibility and safety at night

• CCTV coverage and passive surveillance through design

the Municipality during the SDP approval processes. This may include:

• Designated, well-structured trading bays or kiosks.

• Access to basic services (e.g., water, electricity, sanitation).

• Integration with pedestrian routes and public spaces to enhance visibility and safety.

• The following design elements should be considered in the SDP approval processes:

• Strategic placement near pedestrian routes, transport nodes, and entrances

• Open sightlines to ensure visibility and safety

• Integration with formal retail to encourage foot traffic

• Lockable storage units for traders

• CCTV coverage and lighting for safety

• Space for informal trading management office or coordinator

• Adequate lighting along all pedestrian routes

• CCTV surveillance and emergency call points

• Visibility-enhancing design (e.g., open sightlines, no hidden corners)

• Seating areas designed for all age groups

• Playful elements for children (e.g., hopscotch, interactive sculptures)

• Quiet zones or contemplative spaces for relaxation

2.2.2.5 Architectural and Aesthetic Appeal:

retail development.

Detailed architectural articulation, materials, finishes, lighting, and public art (if any) will be subject to further

refinement through the statutory approval processes and may include:

• Durability: Use of long-lasting, low-maintenance materials suitable for coastal or urban

environments.

• Sustainability: Preference for recycled, locally sourced, or environmentally friendly materials.

• Texture and Colour: Selection of finishes that complement the surrounding landscape and

urban context.

• Weather Resistance: Materials that withstand local climate conditions (e.g., wind, salt air,

sun exposure).

• Architectural Lighting: Use of uplighting, downlighting, and accent lighting to highlight

building features.

• Safety and Ambience: Well-lit public areas that enhance security and create a welcoming

atmosphere.

• Energy Efficiency: LED and solar-powered lighting systems.

• Consideration of nighttime light pollution considering the neighbouring residential character.

• Ecological Suitability: Select plants native to the region to reduce water demand and support

local biodiversity.

• Low Maintenance: Choose species that require minimal pruning, fertilization, and pest

control.

• Seasonal Interest: Incorporate a mix of flowering, evergreen, and textured plants to ensure

year-round visual appeal.

• Green Buffers: Use landscaping to separate pedestrian zones from vehicular areas,

enhancing safety and comfort.

• Visual Softening: Planting around buildings and hard surfaces to reduce heat and glare.
• Framing and Wayfinding: Use trees and shrubs to guide movement and frame key views or

entrances.

1. Children’s Play Park

• Age-appropriate play equipment with safety surfacing

• Inclusive features for children with disabilities

• Shaded seating for caregivers and parents

• Lighting, surveillance, and clear sightlines for safety

• Drinking fountains and handwashing stations

• Accessible pathways and seating for all ages and abilities

2.2.2.11 Implementation timeline

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

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

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

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

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

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

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

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

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

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

goods or parts thereof, without costs to the purchaser.

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

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

may have against the supplier under the contract.

16. Payment

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

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

obligations stipulated in the contract.

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

by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

17. Prices

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

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

as the case may be.

18. Variation orders

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

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

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

19. Assignment

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

consent.

20. Subcontracts

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

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

21. Delays in the supplier’s performance

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

the purchaser in the contract.

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

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

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

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

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

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

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

readily available.

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

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

22.2 without the application of penalties.

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

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

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

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

22. Penalties

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

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

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

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

pursuant to GCC Clause 23.

23. Termination for default

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

terminate this contract in whole or in part:

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

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

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

the contract.

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

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

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

not terminated.

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

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

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

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

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

proceed with the restriction.

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

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

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

actively associated.

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

following information:

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

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

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

prohibited from doing business with the public sector.

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

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

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

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

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

The Register can be perused on the National Treasury website

24. Antidumping and countervailing duties and rights

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

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

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

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

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

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

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

which may be due to him.

25. Force Majeure

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

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

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

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

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

for performance not prevented by the force majeure event.

26. Termination for insolvency

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

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

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

27. Settlement of Disputes

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

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

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

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

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

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

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

obligations under the contract unless they otherwise agree; and

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

prescripts of the contract.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the supplier shall

not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss

of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay

penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser, whether under the contract,

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

replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the

parties shall also be written in English.

30. Applicable law

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

31. Notices

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

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

shall be deemed to be proper service of such notice.

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

from the date of posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the

purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to

the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have certified

that the tax matters of the preferred bidder are in order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears.

33. Transfer of contracts

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

purchaser

34. Amendment of contracts

34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force

unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement

that the agreement to amend or vary shall be in writing, shall also be in writing.

35. Prohibition of restrictive practices

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

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

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

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

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

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

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

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

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

ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.

Section 1.4: Request for proposal

1.4.1 The tender evaluation be done through a two-envelope tender process with the following criteria amongst

others be included:

1.4.1.1 In the first envelope the development proposal and design will be evaluated: Adhering to the parameters set

in the existing zoning, food retailer Anchor Type, catering for line shops, informal trading proposals, pedestrian

mobility proposals to be provided, building esthetical appeal, provision of public ablution facilities, use of

renewable energy, water saving measures, landscaping and landscaping maintenance proposals and creative

community facilities incorporated (for example playpark for children etc.) into the design.

1.4.1.2 In the second envelop the proposed purchase price will be evaluated.

1.4.2 That the successful bidder be awarded the opportunity to make a presentation to Council with regards to the

envisaged development on the property during the submission and evaluation process of the Site Development

Plan and precedents.

Section 2.1: Special conditions of contract

2.1.1 That Erf 21791, Mossel Bay (2646m2), situated at Bill Jeffery Drive, Mountain View, be alienated by means of

the Tender Process in terms of the Supply Chain Management Regulations and Policy, since it is not required

for basic municipal purposes, to be utilised for Business Zone I purposes and that a Food Retail Anchor

(Grocery Store) with line-shops, must form part of the development.

2.1.2 That a reversion condition be included in the Deed of Sale as well as the Title Deed that Erf 21791, Mountain

View, Mossel Bay be utilised for Business Zone I purposes only, which must contain a Food Retail Anchor

(Grocery Store) with line-shops as part of the development and, should the successful Bidder fail to erect such

structures and obtain an Occupancy Certificate for the specified purpose within 24 months from date of

registration or not use the property as specified, the property will revert back to the Municipality for the same

amount as the original purchase price.

2.1.3 That no Liquor Store be allowed.

2.1.4 That the successful Bidder construct a parking area to the satisfaction of the Directorate: Infrastructure

Services on Erf 21792 Mossel Bay and that the created infrastructure be donated to the Municipality.

2.1.5 That the successful Bidder landscape all sidewalks adjacent to Erf 21791 and Erf 21792 Mossel Bay to the

satisfaction of the Municipality.

2.1.6 That the Municipality reserves the right of free access to the properties, without notice, for the purpose of

inspection, maintenance, renewal, cleansing, repair and construction of municipal services.

2.1.7 That the successful Bidder will further be responsible for the costs relating to any Environmental or Town

Planning Applications if the proposed use cannot be accommodated within the existing approved zoning on

Erf 21791 and Erf 21792 Mossel Bay.

2.1.8 That the Municipality be indemnified against any damages for any stormwater overflow/flooding or any other

causes that may occur in the future. This precondition must also be included in the Title Deed.

2.1.9 That the successful Bidder will not alter or in any way disturb any existing services (stormwater, walkway etc.)

on the abovementioned properties, without permission from the Municipality.

2.1.10 That building plans be submitted by the successful Bidder, at the successful Bidder’s cost, for approval before

commencing construction on the properties.

2.1.11 That all Town Planning approval conditions (applicable to the specific site), be adhered to.

2.1.12 That the successful Bidder must first provide a concept Site Development Plan with Architectural/Aesthetic

Design and proposed Landscaping for consideration by the Town Planning Section of the Municipality before

submitting building plans.

2.1.13 That the successful Bidder be awarded the opportunity to make a presentation to Council with regards to the

envisaged development on the property during the submission and evaluation process of the Site Development

Plan and precedents.

2.1.14 That the successful Bidder must engage with the Infrastructure Services Department of the Municipality to

ensure services availability before submitting building plans.

2.1.15 That the successful Bidder, shall be responsible for all service connection costs.

2.1.16 That Development Contributions be waived due to the donation of the parking area and ancillary community

facilities: informal trading proposals, pedestrian mobility infrastructure, provision of public ablution facilities,

use of renewable energy, water saving measures, landscaping and creative community facilities incorporated

(for example playpark for children etc.), to be constructed, maintained and managed by the successful Bidder.

2.1.17 That pedestrian mobility be investigated and provided for on Erf 21791 and Erf 21792 Mossel Bay to the

satisfaction of the Municipality.

2.1.18 That no rights and/or obligations will vest herein before final approval by Council and the signing of the Deed

of Sale by both parties.

2.1.19 Key Performance Indicators

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

each order, to assess the performance:

• Payment Applications

Standard Compliance with the conditions with the deed of sale.

Target 100% Achievement

Proof of evidence Payment of a purchase price to transfer attorneys.

Section 2.2: Specifications

2.2.1 Unregistered Erf 21791

2.2.1.1 Location

Mossel Bay

2.2.1.2 Size

In extent 2 646 m2

2.2.1.3 Zoning

Current zoning: Business Zone I

2.2.1.4 Services

None

2.2.2 Scope of work

Project proposals must address the following components:

2.2.2.1 Zoning Compliance:

All designs and uses must strictly adhere to the existing zoning regulations applicable to the site

and must be described in the written proposal.

• Proposals must demonstrate full alignment with the current zoning applicable to the site.
• Any proposed deviations must be clearly justified and accompanied by a strategy for

obtaining necessary approvals.

• No Liquor Store will be allowed.

2.2.2.2 Anchor Tenant – Food Retailer:

The development must include a food retailer (grocery store) as the anchor tenant, with adequate

space and accessibility.

• The development must feature a food retailer as the primary anchor tenant and be the main

land use to ensure consistent foot traffic and commercial viability.

• The space allocated should be:
• Easily accessible from main pedestrian and vehicular routes.
• Designed to accommodate delivery logistics and customer parking.
• Integrated with surrounding retail and informal trading areas.

2.2.2.3 Line Shops and Informal Trading:

Provision for line shops and designated areas for informal traders, ensuring inclusivity and

economic opportunity.

The proposal must indicate:

• The indicative number of line shops; and
• Relationship to the anchor tenant and pedestrian movement.

Detailed architectural design, servicing, materials, and finishes will be addressed at SDP and

building plan stage that may include:

Line Shops:

• Provide a mix of small to medium-sized retail units for formal businesses.
• Ensure active frontages, visibility, and accessibility.
• Include shared services (e.g., waste disposal, loading zones).
• The following design elements should be considered at SDP and building plan stage:

Line Shop Design Elements

1. Modular and Scalable Units

• Standardized shop sizes with flexibility for expansion or subdivision
• Uniform façade treatments to maintain visual harmony
• Provision for signage zones without cluttering the public realm

2. Active Frontages

• Transparent shopfronts (e.g., glass panels) to encourage visual engagement
• Direct access from pedestrian walkways
• Canopies or awnings for weather protection and shade

3. Accessibility and Circulation

• Barrier-free entrances for universal access
• Wide corridors and walkways between shops
• Integration with pedestrian movement patterns and informal trading zones

4. Services and Utilities

• Provision for electricity, water, and waste management
• Ventilation and climate control options (natural or mechanical)
• Fire safety systems and emergency exits

5. Aesthetic Integration

• Use of local materials and finishes to reflect cultural identity
• Coordinated colour schemes and architectural detailing
• Landscaping elements (e.g., planters, greening) to soften hard edges

6. Security and Visibility

• Roller shutters or secure glazing for after-hours protection
• Lighting for visibility and safety at night
• CCTV coverage and passive surveillance through design

7. Tenant Mix and Flexibility

• Diverse shop sizes to accommodate different business types
• Opportunities for local entrepreneurs and SMMEs
• Shared back-of-house facilities (e.g., storage, loading zones)

8. Environmental Sustainability

• Energy-efficient lighting and appliances
• Rainwater harvesting for cleaning and irrigation
• Waste separation and recycling stations
• Light pollution should be minimised

9. Integration with Public Spaces

• Seating and gathering areas adjacent to shops
• Spill-out zones for cafés or eateries
• Visual and physical connection to informal trading and community facilities

Informal Trading:

Provision must be made for informal trading opportunities within or adjacent to the development

footprint.

The proposal must:

• Indicate whether space is provided for informal trading; and
• Show its general location on the conceptual site plan.

The scale, design, servicing, and management of informal trading will be refined in consultation with

the Municipality during the SDP approval processes. This may include:

• Designated, well-structured trading bays or kiosks.

• Access to basic services (e.g., water, electricity, sanitation).

• Integration with pedestrian routes and public spaces to enhance visibility and safety.

• The following design elements should be considered in the SDP approval processes:

Informal Trading Design Elements

1. Designated Trading Bays

• Clearly demarcated, modular trading stalls or kiosks
• Uniform stall sizes with flexibility for different types of goods
• Weather-resistant materials and shading structures

2. Accessibility and Visibility

• Strategic placement near pedestrian routes, transport nodes, and entrances
• Open sightlines to ensure visibility and safety
• Integration with formal retail to encourage foot traffic

3. Infrastructure Support

• Access to basic services such as:
• Electricity (solar-powered options can be considered)
• Water points (shared taps or refill stations)
• Waste disposal bins and recycling stations

4. Security and Management

• Lockable storage units for traders
• CCTV coverage and lighting for safety
• Space for informal trading management office or coordinator

5. Flexibility and Mobility

• Mobile or collapsible stalls for temporary or rotating traders
• Shared spaces for pop-up markets or seasonal events
• Multi-use areas that can adapt to different trading needs

6. Social and Community Integration

• Seating and gathering areas near trading zones
• Opportunities for local artists or crafters to display work
• Community notice boards or digital screens for announcements

7. Hygiene and Sanitation

• Proximity to public ablution facilities
• Handwashing stations or sanitizer dispensers
• Regular cleaning and maintenance plan

8. Inclusive Design

• Accessible stalls for persons with disabilities
• Opportunities for youth and start-up entrepreneurs

2.2.2.4 Pedestrian Mobility:

The proposal must demonstrate basic pedestrian connectivity within the site and to surrounding public

sidewalks.

The successful Bidder is required to landscape all sidewalks adjacent to Erf 21791 and Erf 21792, Mossel

Bay, to the satisfaction of the Municipality. Indicative pedestrian routes must be shown on the conceptual site

development plan. Detailed pedestrian design and streetscape treatments will be addressed at SDP stage,

where pedestrian-friendly design elements will be considered, such as:

• Prioritise walkability and universal access throughout the site.
• Design elements must include:
• Safe and accessible walkways: Wide, non-slip paths with ramps and tactile paving.
• Shaded areas and seating: Trees, pergolas, benches, and rest zones.
• Integration with existing networks: Seamless connection to surrounding sidewalks,

public transport stops, and community facilities.

• The following design elements should be considered at SDP stage:

Pedestrian-Friendly Design Elements

1. Safe and Accessible Pathways

• Wide, well-lit walkways with non-slip surfaces
• Barrier-free access for people with disabilities (e.g., ramps, tactile paving)
• Clearly marked pedestrian crossings with raised platforms or zebra stripes

2. Shaded and Sheltered Areas

• Tree-lined walkways for natural shade
• Canopies or pergolas for protection from sun and rain
• Benches and resting spots at regular intervals

3. Wayfinding and Signage

• Clear, multilingual directional signage
• Maps and information boards at key entry points
• Visual cues and color-coded paths for intuitive navigation

4. Safety and Security Features

• Adequate lighting along all pedestrian routes
• CCTV surveillance and emergency call points
• Visibility-enhancing design (e.g., open sightlines, no hidden corners)

5. Integration with Public Transport and Surroundings

• Direct connections to nearby taxi ranks or bus stops
• Bicycle racks and shared mobility docking stations
• Seamless transition between public and private spaces

6. Interactive and Engaging Spaces

• Public art installations and murals
• Water features or sensory gardens
• Spaces for street performances or pop-up markets

7. Green Infrastructure

• Bioswales or permeable paving to manage stormwater
• Planters and vertical gardens along walkways
• Use of indigenous plants to reduce maintenance and enhance biodiversity

8. Inclusive Design

• Seating areas designed for all age groups
• Playful elements for children (e.g., hopscotch, interactive sculptures)
• Quiet zones or contemplative spaces for relaxation

2.2.2.5 Architectural and Aesthetic Appeal:

The proposal must include a conceptual architectural approach appropriate to a neighbourhood-scale

retail development.

Detailed architectural articulation, materials, finishes, lighting, and public art (if any) will be subject to further

refinement through the statutory approval processes and may include:

Architectural and Aesthetic Appeal Design Elements

1. Façade Treatment

• Visual Interest: Use of varied textures, materials, and colours to create dynamic and

engaging building exteriors.

• Transparency: Incorporation of glass or open façades for retail areas to promote visibility and

interaction.

• Rhythm and Proportion: Balanced spacing of windows, doors, and structural elements to

create harmony.

• Cultural Relevance: Design motifs or patterns that reflect local heritage or identity.

2. Materials and Finishes

• Durability: Use of long-lasting, low-maintenance materials suitable for coastal or urban

environments.

• Sustainability: Preference for recycled, locally sourced, or environmentally friendly materials.

• Texture and Colour: Selection of finishes that complement the surrounding landscape and

urban context.

• Weather Resistance: Materials that withstand local climate conditions (e.g., wind, salt air,

sun exposure).

3. Integration with Surrounding Urban Context

• Scale and Massing: Building heights and volumes that respect neighbouring structures and

public spaces.

• Street Interface: Active edges with entrances, windows, and shopfronts facing public

walkways.

• Connectivity: Seamless integration with pedestrian paths, transport nodes, and adjacent land

uses.

• Public Realm Enhancement: Contribution to the vibrancy of the area through plazas,

courtyards, or open spaces.

4. Roofscape and Skyline

• Articulated Rooflines: Variation in roof shapes and heights to avoid monotony.
• Green Roofs or Solar Panels: Functional and aesthetic roof treatments that support

sustainability.

• Visibility and Landmarking: Design elements that make the building a visual anchor or point

of reference.

5. Lighting and Night-Time Appeal

• Architectural Lighting: Use of uplighting, downlighting, and accent lighting to highlight

building features.

• Safety and Ambience: Well-lit public areas that enhance security and create a welcoming

atmosphere.

• Energy Efficiency: LED and solar-powered lighting systems.
• Consideration of nighttime light pollution considering the neighbouring residential character.

6. Public Art and Cultural Expression

• Murals, Sculptures, and Installations: Integration of artworks that reflect community values

and local stories.

• Interactive Features: Elements that invite public engagement, such as digital displays or

kinetic art.

2.2.2.6 Public Ablution Facilities:

Adequate, clean, safe and accessible public toilets must be provided, maintained, and integrated into the

design. Details of the public ablution facilities will be subject to building plans and SDP stage processes that

will include:

• Facilities for all genders and persons with disabilities, the elderly, and caregivers with children.
• Clear signage and lighting.
• Maintenance strategy to ensure hygiene and functionality.
• Strategic Placement: Near high-traffic areas such as transport nodes, trading zones, and public

gathering spaces.

• Visibility and Access: Easily identifiable and reachable from all parts of the site.
• Integration with Landscape: Harmonious design that blends with surrounding architecture and public

spaces.

• Material Selection: Durable, vandal-resistant, and easy-to-clean surfaces (e.g., tiles, stainless steel).
• Handwashing Stations: Located outside for informal traders and general public use.
• Drinking Water Points: Safe, filtered water dispensers.

2.2.2.7 Sustainability Measures:

Bidders must provide a brief statement of intent indicating how sustainability principles (such as energy and

water efficiency) may be incorporated into the development. Detailed sustainability measures will be

developed post-award.

2.2.2.8 Landscaping and maintenance plan:

The proposal must include an indicative landscaping concept illustrating how outdoor areas and interfaces

with public spaces may be treated.

A detailed landscaping and maintenance plan will be required at SDP stage that enhances the public realm

must be submitted, with consideration of the below design elements:

Landscaping and Maintenance – Design Elements

1. Use of Indigenous and Drought-Resistant Plant Species

• Ecological Suitability: Select plants native to the region to reduce water demand and support

local biodiversity.

• Low Maintenance: Choose species that require minimal pruning, fertilization, and pest

control.

• Seasonal Interest: Incorporate a mix of flowering, evergreen, and textured plants to ensure

year-round visual appeal.

2. Functional and Aesthetic Integration

• Green Buffers: Use landscaping to separate pedestrian zones from vehicular areas,

enhancing safety and comfort.

• Visual Softening: Planting around buildings and hard surfaces to reduce heat and glare.
• Framing and Wayfinding: Use trees and shrubs to guide movement and frame key views or

entrances.

3. Shading and Microclimate Control

• Tree Canopies: Provide shade over walkways, seating areas, and informal trading zones.
• Cooling Effects: Use vegetation to reduce urban heat island effects and improve thermal

comfort.

• Windbreaks: Strategically placed trees or hedges to reduce wind exposure in open areas.

4. Water-Efficient Irrigation

• Drip Irrigation Systems: Minimize water use and target root zones effectively.
• Rainwater Harvesting: Collect and reuse rainwater for irrigation.
• Mulching: Apply organic mulch to retain soil moisture and suppress weeds.

5. Hard Landscaping Elements

• Paving Materials: Use permeable pavers to support stormwater management and reduce

runoff.

• Seating and Furniture: Durable, weather-resistant benches, bins, and bollards integrated into

landscaped areas.

6. Maintenance Strategy

• Define maintenance strategy by outlining routine care plan, roles and responsibilities

monitoring and budget allocation.

7. Community Engagement and Stewardship

• Considerations of engagement and stewardship efforts such as:
• Educational Signage: Informative boards about plant species, water-saving tips, or

environmental benefits.

• Volunteer Programs: Encourage local involvement in maintenance and beautification

efforts.

2.2.2.9 Community engagement and inclusion strategy

A strategy must be formulated that indicates how the community will be engaged and included post award.

This strategy should ensure the development reflects the needs, values, and aspirations of the local

community. It should be embedded throughout the planning, design, implementation, and operational phases

and may include:

1. Stakeholder Identification and Participation

• Identify key community groups: residents, informal traders, youth, elderly, persons with

disabilities, local businesses, and civic organizations.

• Conduct inclusive engagement

2. Co-Design and Feedback Loops

• Involve community members in the design of public spaces and facilities.
• Use participatory design tools
• Provide feedback mechanisms to show how community input influenced the final design.

3. Communication and Transparency

• Use accessible communication platforms
• Provide regular updates on project progress, timelines, and opportunities for involvement.

4. Social Inclusion Measures

• Prioritize opportunities for local employment and small business participation during

construction and operation.

• Ensure representation of marginalized groups in decision-making processes.
• Provide training or capacity-building workshops for informal traders and local entrepreneurs.

2.2.2.10 Community Facilities:

Inclusion of community-oriented features that foster social interaction, inclusivity, and a sense of ownership

among community members must be incorporated in the proposal. A detailed proposal will be required at

SDP stage where creative and inclusive community spaces must be incorporated, such as:

1. Children’s Play Park

• Age-appropriate play equipment with safety surfacing
• Inclusive features for children with disabilities
• Shaded seating for caregivers and parents

2. Outdoor Seating and Gathering Areas

• Benches, picnic tables, and shaded pavilions
• Flexible open spaces for community events, performances, or markets
• Wi-Fi hotspots or charging stations to support digital inclusion

3. Public Art and Cultural Expression

• Murals, sculptures, or mosaics created by local artists
• Storytelling walls or heritage trails that reflect local history
• Interactive installations (e.g., musical instruments, kinetic art)

4. Multi-Use Community Spaces

• Small amphitheatre or stage for performances and gatherings
• Covered pavilions for workshops, pop-up clinics, or educational events
• Community notice boards or digital screens for announcements

5. Safety and Comfort

• Lighting, surveillance, and clear sightlines for safety
• Drinking fountains and handwashing stations
• Accessible pathways and seating for all ages and abilities

2.2.2.11 Implementation timeline

A proposed implementation timeline must be provided.

Section 2.3: Evaluation

2.3.1 A two-envelope system will be followed for this bid, i.e. the Functional Proposal must be submitted in a

separate sealed envelope, and the Financial Proposal must be submitted in another separate sealed

envelope clearly marked as such. Bids not clearly marked will not be opened and will therefore not be

considered for evaluation.

2.3.2 The Financial Proposals will only be opened after the completion of the evaluation of the Functional Proposals

and only for those Proposals that achieved the minimum qualifying score for the Functional Proposal.

2.3.3 Functional evaluation (stage 1)

2.3.3.1 Bidders who qualify in terms of their Functional Proposal may be requested to give a presentation on their

Proposal to the Municipality.

2.3.3.2 A bidder scoring less than 80 points out of 100 for the Functional Proposal will be regarded as non-responsive

and will not be evaluated on price and specific goals.

2.3.3.3 The following criteria will be used to calculate points for the functionality of the proposal:

Tender Functionality

(a) Tenders will be evaluated on the functionality criteria as set out below. Bidders that score less than 80

out of 100 points for this criteria will be regarded as non-responsive and will not be evaluated on price

and specific goals. Unclear, vague, fragmented or incomplete information provided will result in no points

being allocated.

(b) Bidders must ensure that relevant information is submitted. If information is not submitted or referred to

as an attachment, no points will be awarded.

(c) No information or documentary proof, relating to the tender functionality, will be requested after closure of

the tender.

(d) The following criteria will be used to calculate points for the functionality of tenders and bidders should

ensure that they submit all information in order to be pre-evaluated on the criteria mentioned below:

Criteria maximum points bidder score

1 Proposal and design 100

Total 100

Functionality criteria are further divided as follows and points will be awarded as indicated below:

Criterion 1: Proposal and design

The maximum of 100 points may be awarded based on the documentation/information provided.

Proof for each of the items as requested below must be submitted to be able to claim points.

Maximum

Required documentation bidder score points

Proposal confirms compliance with

Business Zone I as per the Mossel Bay

municipality land use scheme and no

liquor use. (12)

Proposal confirms compliance with

Business Zone I as per the Mossel Bay Alignment of the proposal to the

1.1 municipality land use scheme, but with 12

existing zoning some departures proposed and no liquor

use. (6)

Not compliant to Business Zone I as per

the Mossel Bay municipality land use

scheme / No proposal attached/ Provision

is made for the sale of alcohol (0)

Conceptual designs of a food retailer

clearly indicated as primary anchor with

Food retailer Anchor Type logical access. (12)

The development must include a food Conceptual designs of a food anchor

1.2 retailer (grocery store) as the anchor proposed but poorly located or weakly 12

tenant, with adequate space and described. (5)

accessibility.

Anchor tenant proposed not related to food

retail/ No proposal attached/ Sale of

alcohol proposed. (0)

Indicative provision for at least 5 (five) line

shops shown on concept plan that is

accessible and visible and integrated with

the development. (10)

Indicative position for at least three (3) line

Catering for line shops shops as part of the development and

1.3 10 Provision for line shops ensuring indicates a modular and scalable units,

inclusivity and economic opportunity. active frontages, visibility and accessibility,

shared services are provided. (5)

Less than three (3) line shops as part of

the development/No proposal attached.

(0)

Maximum required documentation bidder score

Points

Indicate at least five (5) informal trader

spaces as part of the development that is

strategically placed near pedestrian routes,

transport nodes, and entrances with

Informal trading proposals attention to safety, visibility, hygiene and

sanitation. (10)

designated areas for informal traders,1.4 10

ensuring inclusivity and economic Indicate at least three (3) informal trader

opportunity spaces as part of the development. (5)

Indicate less than three (3) informal trader

spaces as part of the development/ not

strategically placed near pedestrian routes/

No proposal. (0)

Conceptual pedestrian design routes,

integrated with the existing network and

public transport as well as the sidewalks

next to Erf 21791 and Erf 21792 is

integrated to the development plan and

landscaped. (8)

Pedestrian mobility proposals to be

1.5 Conceptual pedestrian design routes next 8 provided

to Erf 21791 and Erf 21792 is integrated to

the development plan. (4)

Conceptual site development plan does

not indicate pedestrian design mobility/

Landscaping of sidewalk next to Erf 21791

and Erf 2192 not included/No proposal. (0)

Clear, appropriate architectural concept

provided that is context-sensitive. (10)

Building esthetical appeal

Generic concept. (4)

1.6 The building(s) must reflect high- 10 Written proposal, conceptual site quality architectural design that reflect

development plan, architectural drawings

thoughtful, context-sensitive design. do not indicate context sensitivity/ / No

proposal attached. (0)

Inclusion of public ablution facilities.

Ablution facility is integrated in the

development. (12) Provision of public ablution facilities.

1.7 12 Inclusion of public ablution facilities. (6)

No ablution facility provided / No proposal

attached. (0)

4.7 Mbd9: certificate of independent bid determination 50

Section 5 declaration 53

Section 6 contract form 54

Joint venture agreement 56

Section 1.1: Invitation to tender

CLOSING TIME: 12h00 CLOSING DATE: 2 OCTOBER 2026

TDR16/2026/2027: alienation of unregistered erf 21791 mossel bay, mountain view

Tenders are hereby invited by Mossel Bay Municipality for the Alienation of Unregistered Erf 21791 Mossel Bay, Mountain View.

Tenders must be submitted on the original documents and remain valid for one hundred and twenty (120) days after the closing

date of the tender. Enquiries pertaining to the specifications can be addressed to Ms. Sesethu Jombile at telephone (044) 606-5000

(Ext. 6421) or e-mail at [email protected] OR Ms. Susan Human at telephone (044) 606-5070 or e-mail at

[email protected]. Enquiries pertaining to the completion of the documents can be addressed to Ms. Nicole Saunders at

telephone (044) 606-5194 or e-mail to [email protected].

A set of tender documents can be obtained at a non-refundable cost of R280.00 per set from Ms. Nicole Saunders who may be

contacted at telephone (044) 606-5194 or e-mail at [email protected] OR it can be obtained on our website at

www.mosselbay.gov.za free of charge. If you require a hard copy of the tender document, payments must be made at the cashiers

at the Mossel Bay Municipality’s Main Building, 101 Marsh Street on the Lower Ground Floor (seaside) or EFT (Banking

details and Reference Nr can be obtained from [email protected]), prior to collecting and proof of payment must be

provided when collecting the tender document from the Supply Chain Management Offices, 101 Marsh Street, Mossel Bay.

withheld.

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

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

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

of paragraph (b) above.

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

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

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

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

1.2.24 Wrong Information Furnished

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

certificate or certified copy of the original.

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

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

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

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

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

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

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

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

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

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

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

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

municipal area / (hereafter referred to as locality).

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

allocated to promote the specific goal of locality.

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

applicable.

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

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

1.2.30 Joint Ventures

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

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

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

contract can be cancelled as if poor performance had taken place;

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

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

name of the Joint venture.

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

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

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

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

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

the Joint venture agreement as detailed on pages 57-59.

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

1.2.31 Enquiries

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

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

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

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

obligations.

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

procurement process or in contract execution.

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

its products internationally.

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

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

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

1.7 “Day” means calendar day.

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

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

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

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

delivered and a valid receipt is obtained.

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

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

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

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

floods, epidemics, quarantine restrictions and freight embargoes.

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

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

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

1.14 “GCC” means the General Conditions of Contract.

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

the contract.

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

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

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

will be manufactured.

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

does take place.

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

related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

such obligations of the supplier covered under the contract.

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

to the State.

1.26 “Tort” means in breach of contract.

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

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

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

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

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

6.2 When a supplier developed documentation / projects for the municipality / municipal entity, the intellectual, copy and patent rights or

ownership of such documents or projects will vest in the municipality / municipal entity.

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

performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s

failure to complete his obligations under the contract.

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

purchaser and shall be in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank

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

form acceptable to the purchaser; or (b) a cashier’s or certified cheque.

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the

date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise

specified.

goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such

goods as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 22 of GCC.

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

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

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

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

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

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

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

repair of the supplied goods.

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

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

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

spare parts manufactured or distributed by the supplier:

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

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

notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if

requested.

15. Warranty

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

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

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

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

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

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

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

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

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

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

goods or parts thereof, without costs to the purchaser.

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

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

may have against the supplier under the contract.

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

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

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

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

pursuant to GCC Clause 23.

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

terminate this contract in whole or in part:

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

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

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

the contract.

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

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

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

not terminated.

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

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

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

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

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

proceed with the restriction.

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

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

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

actively associated.

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

following information:

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

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

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

prohibited from doing business with the public sector.

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

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

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

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

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

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

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

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

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

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

for performance not prevented by the force majeure event.

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

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

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

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

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

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

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

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

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

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

obligations under the contract unless they otherwise agree; and

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

prescripts of the contract.

28.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the supplier shall

not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss

of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay

penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser, whether under the contract,

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

replacing defective equipment.

Special conditions: Erf 21791 must be used for Business Zone I with a Food Retail Anchor and line shops; reversion condition in Deed of Sale; indemnification against stormwater flooding; no alteration of existing services without permission; building plans to be submitted; adherence to Town Planning conditions; concept Site Development Plan required; presentation to Council; engagement with Infrastructure Services; service connection costs; Development Contributions waived; pedestrian mobility; no rights vest before Council approval and signing of Deed of Sale.

marked will not be opened and will therefore not be considered for evaluation. Financial Proposals will only be opened after

the completion of the evaluation of the Functional Proposals and only for those Proposals that achieved the minimum qualifying

score for the Functional Proposal.

Bids will be pre-evaluated on the following functionality criteria and bids that score less than 80 out of 100 points will be considered

Functionality criteria and weight

1. Proposal and design carrying a weight of 100 points.

Responsive bids will be evaluated on the 80/20 or 90/10 Preference Points System. A maximum of 20 points (80/20 preference

point system) or 10 points (90/10 preference point system) will be allocated for specific goals. 50% of the 20/10 points will be

allocated in terms of a bidder’s B-BBEE scorecard and other 50% of the 20/10 points will be for a bidder’s locality.

number of points.

will therefore not be considered for evaluation. Financial Proposals will only be opened after

scoring the highest points.

efore not be considered for evaluation. Financial Proposals will only be opened after

1.2.17 Evaluation of Tenders

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

Section 2.3: Evaluation

considered for evaluation.

2.3.2 The Financial Proposals will only be opened after the completion of the evaluation of the Functional Proposals

and only for those Proposals that achieved the minimum qualifying score for the Functional Proposal.

2.3.3 Functional evaluation (stage 1)

2.3.3.2 A bidder scoring less than 80 points out of 100 for the Functional Proposal will be regarded as non-responsive

and will not be evaluated on price and specific goals.

2.3.3.3 The following criteria will be used to calculate points for the functionality of the proposal

Tender Functionality

(a) Tenders will be evaluated on the functionality criteria as set out below. Bidders that score less than 80