Hiring, installation, servicing, supply and cleansing of underground refuse bins – mossel bay municipality (3-Year contract)

Closing date: 09 October 2026 at 12:00 (Friday).

Tender validity: bids must remain valid for 120 days after the closing date.

Contract period: 1 July 2027 to 30 June 2030 (three years).

No briefing session or site visit is specified in the tender document.

Specification enquiries: Mr Warren Manuel, telephone (044) 606-5151, [email protected].

Document completion enquiries: Ms Juanita Schutte, telephone (044) 606-5198, [email protected].

Tender document purchase: Ms Juanita Schutte (as above) or the website www.mosselbay.gov.za (free of charge). Hard copies cost R280.00 per set, payable at the cashiers at the Mossel Bay Municipality Main Building, 101 Marsh Street, Lower Ground Floor (seaside), or by EFT (banking details from [email protected]). Proof of payment must be provided when collecting from the Supply Chain Management Offices, 101 Marsh Street, Mossel Bay.

Submission method: sealed envelope placed in the tender box at the Entrance of the Mossel Bay Town Hall, 101 Marsh Street, Mossel Bay, by 12:00 on 09 October 2026. Envelopes must be endorsed with the tender number, title and closing date. Posting is at the bidder's risk and must reach the Tender Box before the deadline. Faxed, e-mailed and late tenders are not accepted under any circumstances.

Returnable documents (all must be completed, signed in black ink, and submitted on the original documents):

• MBD1: Bid for Requirements of the Municipality of Mossel Bay.
• MBD4: Declaration of Interest — discloses whether any director or shareholder is employed by the state or connected to anyone at the municipality.
• MBD5: Declaration for Procurement Above R10 Million.
• MBD6.1: Preference Points Claim Form under the Preferential Procurement Regulations 2022.
• MBD8: Declaration of Bidder's Past Supply Chain Management Practices.
• MBD9: Certificate of Independent Bid Determination — certifies the price was set independently, with no collusion.
• Section 5 Declaration — must be completed and signed by the authorised signatory.
• Section 6 Contract Form — to be signed by the successful bidder.
• Authorised Signatory Resolution — copy of the board resolution authorising the representative to submit the bid (not required for sole proprietors).
• Municipal Rates and Taxes form (Section 4.4) with supporting municipal account or affidavits.
• Tax Compliance Status Pin from SARS.
• Letter of Good Standing from the Compensation Commissioner.
• Proof of B-BBEE status level (certificate or sworn affidavit).
• Proof of locality (municipal account, lease agreement, or affidavit).
• Product brochure or information pamphlet of the intended bins.
• Proof of ownership or lease of compactor vehicle, photographs of the crane, and tracker report.

Disqualification risks:

• Failure to complete and sign Section 5 Declaration.
• Retyping any part of the tender document.
• Omitting material pages.
• Unauthorised alterations to the tender document.
• Submitting a price for every line item in the pricing schedule.
• Submitting the tender after the closing time, by fax, or by e-mail.

Bidders must submit the original tender document fully completed and signed in black ink, including Section 5 Declaration. Documents may not be retyped. Material pages omitted may lead to disqualification. No unauthorised alterations allowed. The Municipality's version prevails in case of inconsistency.

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 (only one category applies):

• Mossel Bay municipal area: 10 points (80/20) or 5 points (90/10).
• Garden Route District region: 6 points (80/20) or 3 points (90/10).
• Western Cape Province and other provinces: 4 points (80/20) or 2 points (90/10).

Proof of locality: municipal account of the bidder's address, or if the address is not in the bidder's name, the latest lease agreement or a sworn affidavit from the registered owner stating occupancy. The business address must have been established before the advertisement date. Only fully operational business premises qualify; vacant erven, storage units and postal addresses do not.

B-BBEE points: a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice, or a certificate issued by a verification agency, an auditor/accounting officer, or an IRBA-approved registered auditor. The certificate must be an original or certified copy and valid for 12 months.

Joint ventures: qualify for B-BBEE points only if the entity submits a B-BBEE certificate issued in the name of the joint venture. Locality points are based on the address of the Lead Partner as per the joint venture agreement; if the division is 50/50, the closest address is used.

The Municipality reserves the right not to accept the lowest tender or the highest-scoring bid.

Scope: hiring, installation, servicing, supply and cleansing of underground refuse bins (moloks or similar approved) in the Mossel Bay area.

Bins: capacities of 5000, 3000 and 1500 litres; mounted 40% above ground and 60% underground; durable lifespan of at least 3 years; installed so they can be emptied within 2 minutes.

Service requirements:

• Cleaning around the bin must take place with every servicing.
• Waste collected must be disposed of at the PetroSA Waste Disposal Facility at the service provider's own cost.

Performance timeframes (key performance indicators):

• Hiring: within 7 days of notification.
• Servicing: within 24 hours of notification, or immediately as and when required.
• Installation: within 2 weeks of notification.
• Collection: within 24 hours of notification.

Pre-requisites:

• A detailed brochure or information pamphlet of the intended product must be submitted with the tender; failure to do so may render the bid non-responsive.
• The bidder must own or have a suitable vehicle available at all times for servicing, cleansing, delivery and collection. The vehicle must have a suitable-sized crane and compactor unit and be fitted with a tracker. Bidders without such access will not be considered.
• If the compactor is owned, proof of ownership (vehicle registration) must be submitted; if rented, proof of intention to lease for the contract duration. Photographs of the crane (with number plate visible) and a copy of the tracker report are required. The compactor must be available for inspection at any time; roadworthy tests may be requested.

Record keeping: service sheets recording the date each bin was emptied must be submitted with invoices; the number of times individual bins are emptied must be recorded; movement reports of the vehicle must be available on request.

Knowledge requirements: sound knowledge of labour and industrial legislation, the Occupational Health and Safety Act, waste management, and the geography of the greater Mossel Bay area.

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 bid

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

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

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

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

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

responsive bid.

(a) If the compactor/s are owned by the bidder, proof of ownership (vehicle registration documentation)

must be submitted with the tender document.

(b) If the compactor/s are rented, proof of the intention to lease it from the supplier, for the duration of

the contract, must be submitted with the tender document.

(c) Photographs of the crane. The number plate of the compactor to be visible on the photo.

(d) Copy of the tracker report of the compactor.

(e) The compactor/s must be available for inspection at any given time or point. Roadworthy tests may

be requested if vehicle is not in satisfactory condition.

1.4.8 Payment of services/items will be done within thirty (30) days, after receipt of an official invoice or

statement.

1.4.9 A preferred and alternative bidder may be appointed depending on the responsiveness of bidders.

1.4.10.1 The successful bidder (preferred bidder) must confirm, in writing, within 24 hours after receipt of the

order, that the required service can be delivered. Failure to respond or to make alternative

arrangements with the relevant municipal official will result in cancellation of the order and the first

alternative bidder will be used.

1.4.10.2 The first alternative bidder must confirm, in writing, within 24 hours after receipt of the order, that the

required service can be delivered. Failure to respond or to make alternative arrangements

with the relevant municipal official will result in cancellation of the order and will be deemed that the

items cannot be delivered, and then three (3) quotations and/or formal written quotations (FWQ) process

will be followed.

1.4.10 Key performance indicators

Section 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 tender 18

Section 2

2.1 Specifications 21

2.2 Pricing schedule 22

Section 3

3.1 Mbd1: bid for requirements of the municipality of mossel bay 27

Section 4

4.1 Mbd4: declaration of interest 30

4.2 Mbd5: declaration for procurement above r10 million 33

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

4.3 34

Procurement regulations 2022

4.4 Municipal rates and taxes 40

4.5 Authorised signatory 41

4.6 Mbd8: declaration of bidder’s past supply chain management practices 42

4.7 Mbd9: certificate of independent bid determination 44

Section 5 declaration 47

Section 6 contract form 48

(c) If a bid is not supported by a Tax Compliance Status Pin as an attachment to the bid documents,

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

bidder’s tax matters are in order. If no such document can be obtained within a period as specified

by the Municipality, the bid will be disqualified.

(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)

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.

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 bid

closure date must accompany the bid 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 bid document.

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

submitted with the bid 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 address 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 and 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.

Section 2.2: Pricing schedule

which it will be assumed in the contract that the tenderer has taken into account when developing his prices.

2.2.1 The short descriptions and category number given in the pricing schedule below are brief descriptions

used to identify the activities for which prices are required.

2.2.2 While it is entirely at the tenderer’s discretion as regards to the pricing schedule below, guideline tariffs of

fees or indicative time-based fee rates are gazetted annually, which are useful documents that will give

tenderers some idea of industry norms against which they may compare their rates, sums, percentage

fees and/or prices as applicable.

2.2.3 For the purpose of the pricing schedule, the following words shall have the meanings hereby assigned to

them:

Quantity: The number of units of work for each item.

Rate: The agreed payment per unit of measurement.

Amount: The product quantity and the agreed rate for an item.

2.2.4 A rate, sum, percentage fee and/or price as applicable, is to be entered against each item in the pricing

schedule. An item against which no price is entered will be considered as a no offer and will not be

evaluated.

2.2.5 The rates, sums, percentage fees and prices in the pricing schedule are to be fully inclusive prices as

described under the several items. Such prices and rates are to cover all costs and expenses that may

be required in and for the execution of the work described, and shall cover the cost of all general risks,

liabilities, and obligations set forth or implied in the Contract Data, as well as overhead charges and

profit.

2.2.6 Where quantities are given in the pricing schedule, these are provisional and do not necessarily

represent the actual amount of work to be done. The quantities of work accepted and certified for

payment will be used for determining payments due and not the quantities given in the pricing schedule.

services are rendered.

2.2.7 All rates, sum, percentage fees or prices (as applicable) tendered in the pricing schedule shall be final

and binding and shall not be subject to any variation throughout the period of the contract.

2.2.8 All prices must be inclusive of VAT and all other costs.

2.2.9 Only firm pricing will be accepted, non-firm prices (including prices subject to rates of exchange

variations) will not be considered. The prices for years two (2) and three (3) should include annual

escalations.

2.2.10 The bid will be evaluated on the total amount of the contract period for Part A - D, in other words the

rates multiplied by the quantities for the envisage three years for Part A - D. Bidders MUST submit a

price for each line item in the pricing schedule to be considered for evaluation. Should the

bidder fail to submit a price for each line item as stated, the bid will be seen as non-responsive.

2.2.11 Bidders are required to comply with the prescribed pricing schedule below. No pricing schedules other

than the pricing schedule as stated will be accepted and failure to adhere to this section will be seen

as submitting a non-responsive bid.

Pricing schedule (Section 2.2) — firm pricing only; non-firm prices (including those subject to exchange rate variations) will not be considered. Prices for years two and three must include annual escalations.

All prices must be inclusive of VAT and all other costs. Rates, sums, percentage fees and prices are fully inclusive, covering all risks, liabilities, overheads and profit.

Pricing items include: once-off installation and transport cost per bin; once-off removal per bin; collection and emptying rates per 5m3, 3m3 and 1.5m3 bin (including dumping fees); price per relocation; monthly rental per bin size; supply of bins (5m3, 3m3, 1.5m3, and surface bins 5m3); supply of bin liners/bags; supply of lids (with steel support and hatch) for each bin size.

Quantities in the pricing schedule are provisional and used for evaluation only; actual quantities certified for payment will determine payments. The bid is evaluated on the total amount for the contract period (Part A-D) — rates multiplied by quantities for three years. Bidders must submit a price for every line item; failure to do so renders the bid non-responsive. No pricing schedules other than the prescribed one will be accepted.

Payment: within 30 days after receipt of an official invoice or statement.

Performance security: within 30 days of notification of contract award, the successful bidder must furnish performance security in the amount specified in the Special Conditions of Contract (SCC) — the amount is not stated in the extracted text. The security may be a bank guarantee, irrevocable letter of credit, or cashier's/certified cheque.

Negotiations: if tender prices exceed available funds, the Municipality may negotiate with the successful bidder to limit the work in accordance with the specifications.

Variation orders: changes not exceeding 15% of the total contract value may be instructed; for measurable quantities, the contractor may be asked to reduce unit prices, provided there is no escalation.

Central Supplier Database (CSD): bidders must be registered on the CSD; the Municipality reserves the right not to award to unregistered bidders.

Tax Compliance Status Pin: a copy printed from the SARS website must accompany the bid. For consortia/joint ventures, every member must submit a separate pin. The Municipality will verify the pin on the SARS website; if it cannot be obtained within a specified period, the bid will be disqualified.

CIDB registration: if applicable, the bidder's CIDB registration number must be included; the Municipality will verify it during evaluation.

Municipal rates and taxes: bidders and their directors must not be in arrears with any municipality for more than three months. Copies of municipal accounts for the month preceding the bid closure date must accompany the bid. If premises are rented, the lease agreement must be submitted; if no property is owned, affidavits from the bidder and the property owner are required. If the bidder or directors live outside South Africa, a company affidavit must be submitted.

Letter of Good Standing from the Compensation Commissioner: a valid and relevant letter must accompany the bid; for joint ventures, every member must submit one. If the letter expires during the contract, a valid one must be submitted within an agreed time.

B-BBEE: proof of B-BBEE status level is required to claim preference points — either a sworn affidavit (for EME/QSE as prescribed) or a certificate from a verification agency, auditor/accounting officer, or IRBA-approved registered auditor. The certificate must be an original or certified copy and valid for 12 months.

Authorised Signatory Resolution: a copy of the board resolution authorising the representative to submit the bid must be attached; not required for sole proprietors.

Joint ventures: the joint venture agreement must be submitted; no amendments without prior approval. Each member must submit a valid SARS tax pin, an agreement on profit and liability sharing, and a board resolution.

Returnable forms (each one line):

• MBD1: Bid for Requirements.
• MBD4: Declaration of Interest.
• MBD5: Declaration for Procurement Above R10 Million.
• MBD6.1: Preference Points Claim Form.
• MBD8: Declaration of Bidder's Past Supply Chain Management Practices.
• MBD9: Certificate of Independent Bid Determination.
• Section 5 Declaration.
• Section 6 Contract Form.

(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

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

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

establishment of a contract and for the surety and retentions

1.2.24 Wrong Information Furnished

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 address should be established prior to the advertisement date.

(iv) Ony 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

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.

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.

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.

2.1 Specifications

2.1.1 The bidder must have strong organisational vision, initiative and self-motivation.

2.1.2 Record keeping – It will be expected of the bidder to keep record and copies of all documentation he/she

submits to the Municipality. Service sheets which record the date on which underground bins have been

emptied must be submitted with invoice. The number of times individual bins have been emptied must

also be recorded. Movement reports of the vehicle used to empty underground bins must be available on

request.

2.1.3 Bidder must have sound knowledge and comply with the following:

2.1.3.1 Labour- and industrial legislation to settle disputes.

2.1.3.2 Occupational Health and Safety Act.

2.1.3.3 Waste management.

2.1.3.4 The geography of the greater Mossel Bay area.

2.1.4

Underground refuse bins (moloks or similar approved)

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 contract if not already specified in the

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

21. Delays in the 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: Special conditions of tender

1.4.1 The underground refuse bins (moloks or similar approved) will be hired from a successful service

provider and shall not be procured by the Municipality for the first two years of the tender. In addition to

hiring of the underground bins the Municipality may decide to purchase the underground refuse bins.

Mossel Bay Municipality reserves the right to not purchase bins for any reason.

1.4.2 The appointed service provider will be responsible for the installation, servicing, cleansing and collection

of the hired underground refuse bins (moloks or similar approved). Cleaning around the underground bin

must take place with every servicing.

1.4.3 Waste collected from these underground refuse bins (moloks or similar approved) must be disposed at

the PetroSA Waste Disposal Facility at the service provider’s own costs.

1.4.4 The following services must be rendered within the following timeframes:

Hiring Within 7 days of notification

Servicing Within 24 hours of notification or immediately, as and when required.

Installation Within 2 weeks of notification

Collection Within 24 hours of notification

1.4.5 The tender will be valid for a period of three (3) years from 1 July 2027 to 30 June 2030.

1.4.6 In the event of Non- or Poor Performance of Service Providers/Suppliers, it will be dealt with in terms of

Section 43 of the Mossel Bay Municipality’s Supply Chain Management Policy.

1.4.7 Pre-requisites

1.4.7.1 A detailed brochure or information pamphlet of intended product should be provided with the tender

document. The brochure/pamphlet should include the specifications as indicated under section 2.1.4 (1-

3). Failure to submit the brochure/pamphlet with the tender document may be seen as submitting

a non-responsive bid.

1.4.7.2 The bidder must own his own vehicle or have a suitable vehicle available at all times for the servicing,

cleansing, delivery and collection of the underground refuse bins (moloks or similar approved). The

vehicle must have a suitable sized crane and compactor unit and should be fitted with a tracker. Bidders

that do not have access to these will not be considered.

Vehicles capacity/ model yes/ NO/ model

Refuse Compactor Minimum of 8 ton

Crane (fitted to the refuse

Capacity of at least 3 tons compactor)

The following proof must be submitted with the tender document of the above-mentioned vehicles.

Failure to submit this proof with the tender document may be seen as submitting a non-

responsive bid.

(a) If the compactor/s are owned by the bidder, proof of ownership (vehicle registration documentation)

must be submitted with the tender document.

(b) If the compactor/s are rented, proof of the intention to lease it from the supplier, for the duration of

the contract, must be submitted with the tender document.

(c) Photographs of the crane. The number plate of the compactor to be visible on the photo.

(d) Copy of the tracker report of the compactor.

(e) The compactor/s must be available for inspection at any given time or point. Roadworthy tests may

be requested if vehicle is not in satisfactory condition.

1.4.8 Payment of services/items will be done within thirty (30) days, after receipt of an official invoice or

statement.

1.4.9 A preferred and alternative bidder may be appointed depending on the responsiveness of bidders.

1.4.10.1 The successful bidder (preferred bidder) must confirm, in writing, within 24 hours after receipt of the

order, that the required service can be delivered. Failure to respond or to make alternative

arrangements with the relevant municipal official will result in cancellation of the order and the first

alternative bidder will be used.

1.4.10.2 The first alternative bidder must confirm, in writing, within 24 hours after receipt of the order, that the

required service can be delivered. Failure to respond or to make alternative arrangements

with the relevant municipal official will result in cancellation of the order and will be deemed that the

items cannot be delivered, and then three (3) quotations and/or formal written quotations (FWQ) process

will be followed.

1.4.10 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:

• Timeframes

Contractor performs/delivers within the following timeframes:

Hiring: Within 7 days of notification

Standard Servicing : Within 24 hours of notification or immediately, as and when required.

Installation: Within 2 weeks of notification

Collection: Within 24 hours of notification

Target 100% achievement

Proof of evidence Proof of services report as supplied by contractor.

• Tools and Equipment

Appropriate tools and equipment is on site to enable effective and efficient Standard

service delivery

Target 100% achievement

Proof of evidence Photographs of vehicle/s to be provided at start of tender.

• Supplied in Terms of Specifications

Product/service delivered complies with specifications set in tender/project

Standard

document

Target 100% achievement

Proof of evidence Proof of services report as provided by service provider.

2.1 Specifications

2.1.1 The bidder must have strong organisational vision, initiative and self-motivation.

2.1.2 Record keeping – It will be expected of the bidder to keep record and copies of all documentation he/she

submits to the Municipality. Service sheets which record the date on which underground bins have been

emptied must be submitted with invoice. The number of times individual bins have been emptied must

also be recorded. Movement reports of the vehicle used to empty underground bins must be available on

request.

2.1.3 Bidder must have sound knowledge and comply with the following:

2.1.3.1 Labour- and industrial legislation to settle disputes.

2.1.3.2 Occupational Health and Safety Act.

2.1.3.3 Waste management.

2.1.3.4 The geography of the greater Mossel Bay area.

2.1.4

Underground refuse bins (moloks or similar approved)

Item specifications

1 Mounted partially above ground (40%) and the remaining 60% installed 1.5m underground

2 Capacity must be 5000, 3000, 1500 litres

3 Durable with lifespan of not less than three (3) years.

4 Installed in such a way that it can be emptied with 2 minutes

5 Underground refuse bins (moloks or similar approved) must be insured by the service

provider

6 Building plan for minor building works must be submitted and approved before installation

Section 2.2: Pricing schedule

Pricing Instructions mean the criteria as set out below, read together with all Parts of this contract document,

which it will be assumed in the contract that the tenderer has taken into account when developing his prices.

2.2.1 The short descriptions and category number given in the pricing schedule below are brief descriptions

used to identify the activities for which prices are required.

2.2.2 While it is entirely at the tenderer’s discretion as regards to the pricing schedule below, guideline tariffs of

fees or indicative time-based fee rates are gazetted annually, which are useful documents that will give

tenderers some idea of industry norms against which they may compare their rates, sums, percentage

fees and/or prices as applicable.

2.2.3 For the purpose of the pricing schedule, the following words shall have the meanings hereby assigned to

them:

Quantity: The number of units of work for each item.

Rate: The agreed payment per unit of measurement.

Amount: The product quantity and the agreed rate for an item.

2.2.4 A rate, sum, percentage fee and/or price as applicable, is to be entered against each item in the pricing

schedule. An item against which no price is entered will be considered as a no offer and will not be

evaluated.

2.2.5 The rates, sums, percentage fees and prices in the pricing schedule are to be fully inclusive prices as

described under the several items. Such prices and rates are to cover all costs and expenses that may

be required in and for the execution of the work described, and shall cover the cost of all general risks,

liabilities, and obligations set forth or implied in the Contract Data, as well as overhead charges and

profit.

2.2.6 Where quantities are given in the pricing schedule, these are provisional and do not necessarily

represent the actual amount of work to be done. The quantities of work accepted and certified for

payment will be used for determining payments due and not the quantities given in the pricing schedule.

In respect of time-based services, the allocation of staff must be agreed with the employer before such

services are rendered.

2.2.7 All rates, sum, percentage fees or prices (as applicable) tendered in the pricing schedule shall be final

and binding and shall not be subject to any variation throughout the period of the contract.

2.2.8 All prices must be inclusive of VAT and all other costs.

2.2.9 Only firm pricing will be accepted, non-firm prices (including prices subject to rates of exchange

variations) will not be considered. The prices for years two (2) and three (3) should include annual

escalations.

2.2.10 The bid will be evaluated on the total amount of the contract period for Part A - D, in other words the

rates multiplied by the quantities for the envisage three years for Part A - D. Bidders MUST submit a

price for each line item in the pricing schedule to be considered for evaluation. Should the

bidder fail to submit a price for each line item as stated, the bid will be seen as non-responsive.

2.2.11 Bidders are required to comply with the prescribed pricing schedule below. No pricing schedules other

than the pricing schedule as stated will be accepted and failure to adhere to this section will be seen

as submitting a non-responsive bid.

Part a

Amount Amount Amount

(inclusive of VAT) (inclusive of VAT) (inclusive of VAT)

Year 1 year 2 year 1

Nr Description

1 July 2027 1 July 2028 1 July 2029

to to to

30 June 2028 30 June 2029 30 June 2030

Once off installation and

transport cost per underground 1.

refuse bins (moloks or similar

approved)

Once off removal (if required)

2. per underground refuse bins

(moloks or similar approved)

Part b

Rate Rate Rate

(inclusive of (inclusive of (inclusive of

VAT) VAT) VAT)

Unit ofNr Description YEAR 1 YEAR 2 YEAR 1

measurement

1 July 2027 1 July 2028 1 July 2029

to to to

30 June 2028 30 June 2029 30 June 2030

Cost of servicing and

emptying per 5m3

underground refuse bins1. Rate per molok

(moloks or similar

approved) cost must

include dumping fees

Cost of servicing and

emptying per 3m3

underground refuse bins

2. Rate per molok (moloks or similar

approved) cost must

include dumping fees

Rate Rate Rate

(inclusive of (inclusive of (inclusive of

VAT) VAT) VAT)

Unit ofNr Description YEAR 1 YEAR 2 YEAR 1

measurement

1 July 2027 1 July 2028 1 July 2029

to to to

30 June 2028 30 June 2029 30 June 2030

Cost of servicing and

emptying per 1.5 m3

underground refuse bins

3. Rate per molok

(moloks or similar

approved) cost must

include dumping fees

Price per relocation of

4. Rate per bin the underground bins

Part c

Rental amount Rental amount Rental amount

per month per month per month

(inclusive of VAT) (inclusive of VAT) (inclusive of VAT)

Nr Description YEAR 1 YEAR 2 YEAR 1

1 July 2027 1 July 2028 1 July 2029

to to to

30 June 2028 30 June 2029 30 June 2030

Rental per month per

1. underground refuse bins 5m3

(moloks or similar approved)

Rental per month per

2. underground refuse bins 3m3

(moloks or similar approved)

Rental per month per

3 underground refuse bins 1.5m3

(moloks or similar approved)

Part d:

Rate per item to be

purchased

(inclusive of VAT and

delivery cost)

Nr Description YEAR 3

1 July 2029

to

30 June 2030

1. Supply of underground refuse bins 5m3 (moloks or similar approved)

2. Supply of underground refuse bins 3m3 (moloks or similar approved)

3 Supply of surface bins 5m3

4 Supply of underground refuse bins 1.5m3 (moloks or similar approved)

5 Supply of bin liners / bags for 5m3 underground bins

6 Supply of bin liners / bags for 3m3 cubic meter underground bins

7 Supply of bin liners / bags for 1.5 m3 underground bins

Supply of lids (includes all components example steel support and hatch) 8

for 5m3 underground bins

Supply of lids ((includes all components example steel support and hatch)

9 for 3m3 underground bins

Supply of lids ((includes all components example steel support and hatch)10

for 1.5 m3 underground bins

Nb: the estimate quantities is only for evaluation purposes and will be use during

The evaluation process. Not to be used in the pricing schedule.

Estimated Nr Description

Quantities

Once off installation and transport cost per underground refuse bins (moloks or similar

1. 1 approved)

2. Once off removal (if required) per underground refuse bins (moloks or similar approved) 1

Cost of collection and emptying per 5m3 underground refuse bins (moloks or similar

3. 1

approved) cost must include dumping fees

Cost of collection and emptying per 3m3 underground refuse bins (moloks or similar

4. 1 approved) cost must include dumping fees

Cost of collection and emptying per 1.5m3 underground refuse bins (moloks or similar 5. 1

approved) cost must include dumping fees

6. Price per relocation of the underground bins 1

7. Rental per month per underground refuse bins 5m3 (moloks or similar approved) 12

8. Rental per month per underground refuse bins 3m3 (moloks or similar approved) 12

9. Rental per month per underground refuse bins 1.5m3 (moloks or similar approved) 12

10. Supply of underground refuse bins 5m3 (moloks or similar approved) 30

11. Supply of underground refuse bin 3m3 (moloks or similar approved) 5

12. Supply of surface bins 5m3 4

13. Supply of underground refuse bin 1.5m3 (moloks or similar approved) 5

14. Supply of bin liners / bags for 5m3 underground bins 5

15. Supply of bin liners / bags for 3m3 underground bins 5

16. Supply of bin liners / bags for 1.5m3 underground bins 5

Supply of lids (includes all components example steel support and hatch) for 5m3 5

17. underground bins

Supply of lids ((includes all components example steel support and hatch) for 3m3 5

underground bins

Supply of lids ((includes all components example steel support and hatch) for 1.5m3 5

19. underground bins

Section 3.1: Mbd1: bid requirements for mossel bay municipality

Part a – invitation to bid

Invitation to bid for requirements of the mossel bay municipality

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 Contractor from any liability or obligation under the Contract and he shall be

liable for the acts, defaults and neglects of any subcontractor, his agents or employees as fully as if

they were the acts, defaults or neglects of the Contractor, his agents or employees.

(e) The Contractor shall not be required to obtain such consent for –

(i) the provision of labour, or

(ii) the purchase of materials which are in accordance with the Contract, or

(iii) the purchase or hire of Construction Equipment.

1.2.21 Language of Contract

• If certificate was issued by an Auditor/ Accounting Officers:

The Accounting Officer’s or Registered Auditor’s letter head with full contact details, the Accounting

Officer’s or Registered Auditor’s practice numbers, the name and the physical location of the bidder, the

registration number and, where applicable, the VAT number of the bidder, the date of issue and date of

expiry, the B-BBEE Status Level of Contribution obtained by the measured entity, the total black

shareholding and total black 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-

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 50-52.

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

1.2.30 Enquiries

Enquiries pertaining to the specifications can be addressed to Mr Warren Manuel at telephone (044)

606- 5151 or [email protected].

oooOOOooo

1.3 General conditions of contract

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 African place of entry as well as transportation and handling charges to the factory in the Republic where the

goods covered by the bid will be manufactured.

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

manufacture does take place.

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

other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security,

maintenance and other such obligations of the supplier covered under the contract.

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

service(s) to the State.

1.26 “Tort” means in breach of contract.

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

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

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

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.

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.

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

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

21. Delays in the 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.

22.1 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

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.

Underground refuse bins (moloks or similar approved) will be hired for the first two years; Municipality may decide to purchase. Service provider must insure the bins. Performance targets: hiring within 7 days, standard servicing within 24 hours, installation within 2 weeks, collection within 24 hours; 100% achievement target. Bins must be mounted 40% above ground, 60% underground, capacities 5000/3000/1500 litres, durable lifespan at least 3 years, installed to be emptied within 2 minutes.

Compulsory documentation: Tax Compliance Status Pin from SARS (each JV member separately); CIDB registration if applicable; Municipal rates and taxes accounts for bidder and directors (or affidavits/lease agreements if not owned); Letter of Good Standing from Compensation Commissioner; Resolution authorising signatory (unless sole proprietor).

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

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

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

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 scoring the highest number of points.

scoring the highest points.

1.2.17 Evaluation of Tenders

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