Removal of household garden refuse – mossel bay municipality (3-Year contract)

{"closingDate":"16 OCTOBER 2026","closingTime":"12h00","briefingSession":"{"date":null,"time":null,"venue":"arrive or log in 15 minutes or more after the advertised time the meeting starts will not be","is_compulsory":true}"}

{"name":"Mr. Warren","email":"[email protected]","phone":null,"department":"SUPPLY CHAIN MANAGEMENT","address":null}

Returnable Documents: Committee based on the information provided. Please note that this section refers to the Company’s and

Bidders must submit: Tax Compliance Status Pin; CIDB registration number (if applicable); municipal account copies or affidavits; authorised signatory resolution; Letter of Good Standing from Compensation Commissioner; B-BBEE certificate or sworn affidavit; proof of locality (municipal account, lease agreement, or sworn affidavit); Joint Venture agreement (if applicable); completed Declaration (Section 5); signed Contract Form (Section 6).

Bidders must be registered on the Central Supplier Database (CSD). A valid Tax Compliance Status Pin from SARS must accompany the bid. A valid Letter of Good Standing from the Compensation Commissioner is required. Municipal rates and taxes must be up to date for the bidder and its directors/members. B-BBEE status level certificate required if claiming preference points. CIDB registration required if applicable (must not be suspended, inactive, or deregistered). Joint ventures must submit separate tax pins for all members, a joint venture agreement, and a board resolution. A board resolution authorising the signatory must accompany the bid (not required for sole proprietors).

QUANTITY (Applicable for

(type, size, capacity and year of registration)

plant/vehicles/trailers

etc.)

Vehicle that will be hired

DESCRIPTION (type, size, capacity etc) QUANTITY SOURCE HIRE

Joint ventures

The evaluation of functionality regarding a Consortium or Joint venture, will be performed as follows:

For company experience the evaluation is based on the experience of the partner with the highest/longest

experience record;

For the evaluation of the project team, if applicable, at least one of the Project leaders must be an employee with

the leading partner of the consortium or joint venture. The leading partner of the consortium or joint venture is

determined by the shareholding regarding the liability, which is included in the consortium or joint venture

agreement.

If required for the evaluation of the financial ratings, if not issued for the consortium or joint venture specifically, the

rating of the leading partner will be use in the assessment.

The designated Project leaders, if applicable, may not be changed without the prior approval of the accounting

officer or his/her nominated person once the bid was awarded.

Refuse collection schedule per block is specified. Daily collection of green bags must be completed by 17:00. Garden refuse in plastic bags or tied bundles must be removed weekly. There is no limit on the number of green bags per household per week. Bags containing a mixture of garden refuse and soil must be removed. All refuse must be dumped at designated landfill sites.

Functionality criterion 1: Company (or JV) experience related to waste management including collection and disposal of refuse – 30 points. Criterion 2: References related to waste management experience – 15 points. Bidders must submit details of past projects including value of work, employer/client, duration, and references. References will be contacted with questions about completion within time frame, completion within contract amount, compliance with regulations, and recommendation. For joint ventures, the rating of the leading partner will be used.

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 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. 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.

Dana Bay, Boggomsbaai, Vleesbaai, Mossdustria, Asla Park, KwaNonqaba, Extensions 13,

(d) Block D - Dana Bay, Boggomsbaai, Vleesbaai, Mossdustria,

Asla Park, KwaNonqaba, Extensions 13, 23, 26 and Albert

Shoprite Kwa-Nonqaba. High School, D’almeida

Mid- Brak Asla Park. 7 De Laan. Kwa-Nonqaba. Danabaai.

(Maximum Points)

2 x minimum of 3-5 Ton Truck OR LDV bakkie with trailer.

(The 3-5 Ton Truck OR LDV must be fitted with a tracker 40

which can provide movement reports)

Total 40

(a) If the vehicle is owned, proof of ownership must be submitted.

(b) If the vehicle will be 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) Proof of the tracker must be submitted in the form of confirmation from the tracking company eg. email,

letter or invoice.

(d) This vehicle must be available for inspection at any given time or point. Roadworthy tests may be

requested if vehicle is not in satisfactory condition.

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 18

Section 2

2.1 Functionality 24

2.2 Pricing schedule 31

Section 3

3.1 Mbd1: bid requirements of the mossel bay municipality 34

Section 4

4.1 Mbd4: declaration of interest 37

4.2 Mbd5: declaration for procurement above r10 million 40

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

4.3 41 procurement regulations, 2022

4.4 Municipal rates and taxes 47

4.5 Authorised signatory 48

Mbd8: declaration of bidder’s past supply chain management

4.6 49 practices

4.7 Mbd9: certificate of independent bid determination 51

Section 5 declaration 54

Section 6 contract form 55

Joint venture agreement 57

Service provider health and safety specifications 60

Section 1.1: Invitation to tender

CLOSING TIME: 12h00 CLOSING DATE: 16 OCTOBER 2026

TDR25/2026/2027: appointment of service providers to remove household garden

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)

(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.

SANAS logo, unique BVA number, must be an original certificate or certified copy of the original, the name and 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 of the certificate, the certificate number for identification and reference, the scorecard that was used (for example EME, QSE or Generic), the name and / or logo of the Verification Agency, the certificate must be signed by the authorized person from the Verification Agency and the B-BBEE Status Level of Contribution obtained by the bidder.

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-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. Points for Points for Points for enterprises within enterprises within enterprises within No Requirement the Western Cape Mossel Bay Garden Route Province and other municipal area District region Provinces 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 Commissioner or a copy thereof, as an attachment to the bid documents, the Municipality reserves the right to obtain such document after the closing date. If no such document can be obtained within a period as specified by the Municipality, the bid will be disqualified. (d) If a bid is accompanied by proof of application for valid AND relevant Letter of Good Standing from the Compensation Commissioner, the original or copy thereof must be submitted on/or before the final date of award. (e) Should a bidder’s Letter of Good Standing from the Compensation Commissioner expire during the contract period, a valid AND relevant certificate must be submitted within an agreed upon time. (f) The right is reserved to not award a tender if a valid AND relevant Letter of Good Standing from the Compensation Commissioner or a certified copy thereof is not submitted within the requested time. 1.2.29 Negotiations Should the tender prices be higher than the available funds of the client, the client reserves the right to 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 Enquiries in connection with this tender, prior to the tender closure date, may be addressed to Mr. Warren Manuel at telephone (044) 606-5151 or e-mail at [email protected]. oooOOOooo 1.3 GENERAL CONDITIONS OF CONTRACT

Definitions

The following terms shall be interpreted as indicated: 1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids. 1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. 1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. 1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. 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.

Application 2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services (excluding professional services related to the building and construction industry), sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2 Where applicable, special conditions of contract are also laid down to cover specific goods, services or works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

General 3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged. 3.2 Invitations to bid are usually published in locally distributed news media and on the municipality/municipal entity website.

Standards 4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

Use of contract documents and information inspection 5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser. 5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

Patent Rights 6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 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.

Performance security 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC. 7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract. 7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or (b) a cashier’s or certified cheque. 7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified.

Inspections, tests and analyses 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.

Packing 9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit. 9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, and in any subsequent instructions ordered by the purchaser.

Delivery and documents 10.1 Delivery of the goods and arrangements for shipping and clearance obligations, shall be made by the supplier in accordance with the terms specified in the contract.

Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified.

Transportation 12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified.

Incidental Services 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.

Spare parts 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.

Points Allocation: 20 points

B-BBEE Details: TDR25/2026/2027

Appointment of service providers to remove household

Garden refuse in the mossel bay municipal area

CLOSING DATE: 16 OCTOBER 2026 CLOSING TIME: 12h00

NAME OF BIDDER* (Registered name)

TRADING NAME* (If different from above)

Address*

Telephone number*

Cellphone number*

E-mail address*

Central supplier database registration nr*

B-bbee level of contribution*

Locality

(Municipal Area/Province where Business is Located) *

CIDB REGISTRATION NR* (if applicable) N/A

TENDER AMOUNT (VAT included)

• See -33

(* - To be completed by bidder)

Prepared by:

Mossel Bay Municipality

PO Box 25

Mossel Bay

6500

Index

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 18

Section 2

2.1 Functionality 24

2.2 Pricing schedule 31

Section 3

3.1 Mbd1: bid requirements of the mossel bay municipality 34

Section 4

4.1 Mbd4: declaration of interest 37

4.2 Mbd5: declaration for procurement above r10 million 40

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

4.3 41 procurement regulations, 2022

4.4 Municipal rates and taxes 47

4.5 Authorised signatory 48

Mbd8: declaration of bidder’s past supply chain management

4.6 49 practices

4.7 Mbd9: certificate of independent bid determination 51

Section 5 declaration 54

Section 6 contract form 55

Joint venture agreement 57

Service provider health and safety specifications 60

Section 1.1: Invitation to tender

CLOSING TIME: 12h00 CLOSING DATE: 16 OCTOBER 2026

TDR25/2026/2027: appointment of service providers to remove household garden

Refuse in the mossel bay municipal area

Tenders are hereby invited from service providers for the removal of household ga

B-BBEE points will be allocated under the 80/20 or 90/10 preference point system. 50% of the 20/10 points for specific goals are for B-BBEE status level. Proof of B-BBEE status level must be a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice, or a certificate issued by a verification agency (with SANAS logo, unique BVA number, etc.), an auditor/accounting officer, or an IRBA-approved registered auditor. Joint ventures qualify for B-BBEE points only if they submit a B-BBEE certificate issued in the name of the joint venture.

(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

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.

Great Brak River, Friemersheim – Glentana, Little Brak River, Riverside, Fraai Uitsig, Block B

the Occupational Health & Safety Act and all applicable regulations.

1.4.18.1 The events of requirements for which penalties shall be applied, and the corresponding amounts of the

penalties, are as follows:

(a) Failure by the Service Provider to empty all green bags at waste site; R1 000 for first incidence, escalating

by R1 000 for each further occurrence to a maximum of R5000 per occurrence.

(b) Unacceptable attendance to all reasonable complaints from the public (direct or channeled through the

Municipality’s Waste Management Officer) within 8 working hours of occurrence: R500 for first

occurrence, escalating by R1000 for each further occurrence to a maximum of R5 000 per occurrence.

1.4.19 Ranking according to preference:

(b) Block B - Great Brak River, Friemersheim – Glentana, Little

Park, Café Havana, Dolphin Café, Montague Bayview Hospital, Esperanza Flats, Route

Dolfin Café, Life str, Frog Rock Flats, Gannet, Dolphin Café, 57 Restaurant, Police

Bayview Hospital – Da Uppercross str, St Checkers – Town, Station, Post Office,

Nova, Checkers – Blaize Terrace, Villa Elangeni Flats, Afro Santos, De Bakke

Town, Delfino’s, Spur Phillipe, Boa Fishing, Seavuna, Trawlers (Friends),

Restaurant, Point Hotel, Esperanza, Nautilus Oasis Café, Phillip Wally Mellville Motors.

Riebeeck, Harry Miller, Grant str, Kampers Ext 15- Starts at Ocean Cecil Shepperd, Golf Flats, Western str, Ridge Village on Sea, Estate (Refuse Area), Canty, Hall, Lang,1, Santos Haven 1 &2, Church Str, Hofmeyer, Nautilusbaai, 4,5,6 de laan, Rudie Casino, Hudson, Vintcent, Springerbaai, Barnard, Da Gama str,

Heiderand streets: Brunsweg, JB Muller, Boggomsbaai, Rodger Ryk Tulbagh str, Con Danabaai

Schoeman Str, 18th Ave, St Blaize str, Klipper, Hoog, Vivier str, Mike Harris,

Padkamp, 10-17 de Complex, Kaapweg, Montagu, Hill str, Court Ken Andrew, Area

Laan, Whole area of Bergstr, Cornville & Building, Botanica behind Da Nova Flats, Heights. 21st Ave, Rheebok, small streets between Point High, Provincial

Bayview Winkels (voor Tergniet & Reebok Area, Seashells, Kallahari park, Innikol,

Aalwyndal, H/Bos die brug), RookenResidential Areas. (Mid Riverside, Kleinbrak, Fonteine Park, Spar –

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: Special conditions of contract

1.4.1 Introduction

The Mossel Bay Municipality wishes to enter into a contract with suitable service providers for the removal of

household garden refuse placed on sidewalks in the Mossel Bay Municipal area.

The Mossel Bay Municipal Area will be divided into four (4) blocks and each block must be managed by one (1)

service provider. Bidders can tender for one or all four (4) blocks, but only one (1) block will be awarded to one (1)

bidder. Bidders who submit bids for all four (4) blocks, must rank the blocks 1 to 4 in the column provided under

paragraph 1.4.20 below.

If a bidder scores the highest points for all the blocks, the ranking of the service provider will be used to determine

which block will be awarded to the bidder OR the price of the bidder which will be the most cost effective for the

Municipality.

The Municipality reserves the sole right to award the blocks after considering the overall outcome, in other words

change the priorities so that the Municipality is able to make an award in all the blocks, if necessary.

Blocks will be clustered as follows:

Mossel Bay, Extensions 7, 8, 11, 22, Voorbaai, JCC, Diaz Beach, Boland Park, Tweekuilen

Block A and Da Nova.

Great Brak River, Friemersheim – Glentana, Little Brak River, Riverside, Fraai Uitsig, Block B

Reebok, Tergniet and The Island.

Block C Hartenbos, Sonskynvallei, Island View, Bayview, Ruiterbos, Brandwacht and Aalwyndal.

Dana Bay, Boggomsbaai, Vleesbaai, Mossdustria, Asla Park, KwaNonqaba, Extensions 13,

Block D

23, 26 and Albert Luthuli Street.

1.4.2 The contract will be for a period of three (3) years from 01 July 2027 to 30 June 2030.

1.4.3 Refuse must be collected from all household, creches, businesses, complexes within the concerned block.

Green Bags with garden waste must also be removed from sidewalks adjacent to open spaces or from

open spaces that are adjacent to formal roads within the block. Daily collection of green bags must be

completed by 17:00pm. The Refuse collection schedule is shown in 1.4.20.

1.4.4 Garden refuse that is in plastic bags or tied up in bundles must be removed on a weekly basis as indicated

by the municipality per block. There is no limit on the number of green bags that a household may put out

for collection weekly. Bags that contain a mixture of Garden Refuse and soil must be removed by appointed

contractor.

1.4.5 All refuse must be dumped at the dumping site at the Louis Fourie WDF or at the Great Brak River WDF

or any other registered landfill site of the Municipality. The Municipality will inform the successful bidder in

writing if a different dumping site should be used.

1.4.6 The bidder accepts that dumping fees may become due and payable to the Municipality in future. Should

Dumping fees become applicable it will be negotiated with the successful bidder. The bidders must then

pay the dumping fees monthly to the Municipality, within thirty (30) days of receipt of invoice.

1.4.7 It is the responsibility of the service provider to make sure that all the bags delivered to the waste site is

emptied and that all plastic bags are removed.

1.4.8 It is the responsibility of the successful bidder to at all times have the necessary number of employees,

vehicles and any other equipment that may be needs to render the service to the satisfaction of the

Municipality. Vehicles used for collection of garden refuse must have a tracker and movement reports

must be available on request.

1.4.8.1 The appointed contractor must provide proof that they have a minimum of two vehicles available per block.

1.4.0 A weekly collection schedule must be submitted in writing to the Director: Community services or her

delegate.

1.4.11 The successful bidder or a representative must collect complaints that were received from the public on a

daily basis from the Director: Community Services or her delegate.

1.4.12 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.

1.4.13 The successful bidder must indemnify the Municipality from any actions, lawsuits, proceedings, claims,

demands, costs, damages and expenses that may occur or be brought against the Municipality in

rendering this or as a result of rendering this service.

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

statement after the work has been completed and to the satisfaction of the Director: Community Services

or her delegate. A count of all the collection points must be submitted with the invoice for payment.

1.4.15 The price must include all costs, including 15% VAT.

1.4.16 Removal includes the removal of household and garden refuse for:

(a) Block A - Approximately 12500 households.

(b) Block B - Approximately 10264 households.

(c) Block C - Approximately 7502 households.

(d) Block D - Approximately 10100 households.

Please take note that the above mentioned are only estimated figures and may differ from time to

time.

1.4.17 A preferred and alternative bidder for each block will be appointed depending on the responsiveness of

bidders.

(a) 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.

(b) 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 another SCM process will be

followed.

1.4.18 OHS Specifications

The successful bidder will be responsible for the safety of all the workers on site and must also adhere to

the Occupational Health & Safety Act and all applicable regulations.

1.4.18.1 The events of requirements for which penalties shall be applied, and the corresponding amounts of the

penalties, are as follows:

(a) Failure by the Service Provider to empty all green bags at waste site; R1 000 for first incidence, escalating

by R1 000 for each further occurrence to a maximum of R5000 per occurrence.

(b) Unacceptable attendance to all reasonable complaints from the public (direct or channeled through the

Municipality’s Waste Management Officer) within 8 working hours of occurrence: R500 for first

occurrence, escalating by R1000 for each further occurrence to a maximum of R5 000 per occurrence.

1.4.19 Ranking according to preference:

Ranking

Blocks

(indicate 1, 2, 3 or 4)

(a) Block A - Mossel Bay, Extensions 7, 8, 11, 22, Voorbaai,

JCC, Diaz Beach, Boland Park, Tweekuilen and Da Nova.

(b) Block B - Great Brak River, Friemersheim – Glentana, Little

Brak River, Riverside, Fraai Uitsig, Reebok, Tergniet and

The Island.

(c) Block C - Hartenbos, Sonskynvallei, Island View, Bayview,

Ruiterbos, Brandwacht and Aalwyndal.

(d) Block D - Dana Bay, Boggomsbaai, Vleesbaai, Mossdustria,

Asla Park, KwaNonqaba, Extensions 13, 23, 26 and Albert

Luthuli Street.

1.4.20 Refuse Collection Schedule

Monday tuesday wednesday thursday friday

Langeberg Mall, Boland

Park, Ridgeview

Primary, D’almeida

Diaz Beach, Langeberg Shops, Benevolent

Mall, Benevolent Park, Langeberg Mall, Boland Park, Mikeva, Caltex- Extension 6, Bolton

Mikeva, Fruit & Veg Park, Fruit & Veg Diaz beach-Residential Ext 8, Fruit & Vegs -

Street, Patrick Street, (Voorbaai), Erica (Voorbaai), Tuinroete Area, Langeberg Mall, Voorbaai, George

Belly Singel, VakansiePrimary, Mossgas Flats, Agri, Caltex Garage Fruit & Veg (Voorbaai), Bendle Businesses,

Plaas, Mascadore

George Bendle Street, (Voorbaai), Industrie Tuinroete Agri, Ronat Diaz Skool, 2 Keilen Street, George Bendle

Extension 13 Shops, Road, Diaz Beach, Nissan Commercial Hok, Creches, Clinic- Businesses, Langeberg

Scrap Yard Street, De Toyota Area, Park, Toyota Area. Sunbeam Creche, St

Mall. Bakke Caravan Park, Commercial Park Blaize Creche, Soa Bras

Shoprite Kwa-Nonqaba. High School, D’almeida

Sportsground,

D’almeida Clinic,

Mountainview

Monday tuesday wednesday thursday friday

Marsh, Dave, Gys Marsh, Dave, Church, Marsh, Spring, Dave,The following streets in

Smalberger Bland, Life Gys Smalberger, Bland, Church, Reily, Meyer, (CBD): Marsh, Santos Beach, Bayview Hospital, Schoeman str, Fire Kloof, Powrie, Crook,

Stadsbeplanning, Dave, Church, Gys Kaai4, Bergsig Dept, Café Havana, Bland, Gys Smalberger,

Surroundings of Smalberger, Afro Woonstelle Gannet, Spring, Church, Child Café Havana, Checkers-

Checkers, Dolfin Café, Checkers – Town, welfare, Meyer, Cuff, Fishing, Bland, Town, Life Bayview,

Marsh, Spring, Dave, Dolphin Café, Seavuna, Kloof, Powrie, Crook, Schoeman str, HR, Café Child Welfare, Hospital,

Church, Reily, Meyer, Santos Beach. Life Bayview, Delfino’s, Havana, Spring, Glass Delfino’s, Spur, Point

Kloof, Powrie, Crook, Spur, Point Hotel, Sea 4U, Church, Meyer, Hotel, Dolfin Café,

Bland, Gys Gypsy, Gannet, Cuff, Kloof, Powrie Oasis Café, Frog Rock

Smallberger, Nature Checkers- Town, Bland, Crook, Life Flats, Uppercross, Boa

Park, Café Havana, Dolphin Café, Montague Bayview Hospital, Esperanza Flats, Route

Dolfin Café, Life str, Frog Rock Flats, Gannet, Dolphin Café, 57 Restaurant, Police

Bayview Hospital – Da Uppercross str, St Checkers – Town, Station, Post Office,

Nova, Checkers – Blaize Terrace, Villa Elangeni Flats, Afro Santos, De Bakke

Town, Delfino’s, Spur Phillipe, Boa Fishing, Seavuna, Trawlers (Friends),

Restaurant, Point Hotel, Esperanza, Nautilus Oasis Café, Phillip Wally Mellville Motors.

King Fisher, Sea Gypsy, Flats, Aalwyn Flats, Fourie Flats, NSRI,

Gannet Restaurant, Elgin House, Meyer str, Milkwood, Police

Busstop in Church str, houses next to station / station, Bowling Club,

Oasis Café, Frog Rock carwash, Broodmandjie Sea Vuna, Kaai4.

Flats, Uppercross str , Complex, Santos

Kloof , Nautilus Flats , Beach, De Bakke, Boa

Boa Esparanza Flats, Esperanza

Child Welfare, ACVV-

Dorp, Delfino’s, Punt

Caravan Park,

Businesses in Point,

Bayview /

Broodmandjie

Complex, MBM

Hoofgebou, Santos

Beach, Boa Esperanza

Monday tuesday wednesday thursday friday

Extension 2, 4,

Mossdustria, Farm stall

next to Barnyard

19,21,22nd avenues, Plazaweg, Seaviewlaan,

Danie De Jager, Van Louis Van Wyk str,

Riebeeck, Harry Miller, Grant str, Kampers Ext 15- Starts at Ocean Cecil Shepperd, Golf Flats, Western str, Ridge Village on Sea, Estate (Refuse Area), Canty, Hall, Lang,1, Santos Haven 1 &2, Church Str, Hofmeyer, Nautilusbaai, 4,5,6 de laan, Rudie Casino, Hudson, Vintcent, Springerbaai, Barnard, Da Gama str,

Heiderand streets: Brunsweg, JB Muller, Boggomsbaai, Rodger Ryk Tulbagh str, Con Danabaai

Schoeman Str, 18th Ave, St Blaize str, Klipper, Hoog, Vivier str, Mike Harris,

Padkamp, 10-17 de Complex, Kaapweg, Montagu, Hill str, Court Ken Andrew, Area

Laan, Whole area of Bergstr, Cornville & Building, Botanica behind Da Nova Flats, Heights. 21st Ave, Rheebok, small streets between Point High, Provincial

Tergniet, Total & Engen St. Blaize Flats, Rodger, Hospital, Park Primary,

Garage. Andrew Joss, Louise Fourie, Total &

Mossdustria, Provincial Engen Garage,

Hospital, Checkers – Blombos.

Heiderand, Point High

School, Park Primary,

Businesses in

(Schoeman Street)

Extension 13, N2

Industrial Area,

Extension 8, Small

New Sunnyside, Tarka, Mossgass Flats, Erica Businesses in Ext 8, Extension 22, The Danabaai, Danabaai Soa Bras High school, Primary, St Blaize Soa Bras Hostel, Asla Valley, D’almeida Businesses. Civic Park, Alma Clinic, Primary, Protea Park,

Park, Da Gamaskop Residential Area, Diaz 800 Erwe. Ext 23, Hillcrest School,

SAPS, Child Welfare School, Diaz Hotel. Scrap Yards, Nicolaai

Singel, Muller Singel.

Monday tuesday wednesday thursday friday

Mid- Brak Asla Park. 7 De Laan. Kwa-Nonqaba. Danabaai.

Monday tuesday wednesday thursday friday

Karoodorp, Strydoms

oord, Sonskynvallei,

Monte Christo, Dibiki

Caravan Park, Island View, Stop &

Hartenbos Residential Seemeeupark,

Hartenbos Landgoed, Bayview Residential Stay, All businesses in areas, All the Menkenkop, All

Seven-day Adventist, Area, Hartenbos Spar & Hartenbos area, Spur, Businesses, ATKV, businesses in

Spur-Hartenbos, Spar- Spur, ATKV. Pick ‘n Pay- Fraaiuitsig,

Shell, Interwaste. Hartenbos, ATKV. Hartenbos, ATKV, ATKV.

Voorbaai single, Lofty

Nel str, Rooken Smith

str.

Monday tuesday wednesday thursday friday

Great Brak

Mossienes, Stasieweg,

Suiderkruis, St. Ellen, Wolwedans,

Eurika Park, Pine Creek Mar-Ane Park, Businesses and

Caravan Park, De Lange Bothastrand, Voorbrug Hoogte, Die Greenhaven Residential Restaurants & Shops,

Complex, Businesses Pienaarstrand, Hoogte Noord / Suid, Areas 1 & 2, Total, Pick De Dekke, Pick ‘n Pay,

and Restaurants (De Dwarswegstrand, Langstraat, Bergsig, & Pay (Gbr). Transkaroo Restaurant,

Dekke), Shops, Dolphin Glentana, Avondans, Groenkloof, Surrounding

Creek, Hersham Beach, Outeniquastrand. Sandhoogte. Businesses.

Island Cove Complex,

Tergniet, Toekoms,

Pick ‘n Pay.

Monday tuesday wednesday thursday friday

Groot Sorgfontein,

Gesiggie laan, Shell, Interwaste,

Fraaiuitsig Residential Hartensig, Deovillepark,

Bayview Winkels (voor Tergniet & Reebok Area, Seashells, Kallahari park, Innikol,

Aalwyndal, H/Bos die brug), RookenResidential Areas. (Mid Riverside, Kleinbrak, Fonteine Park, Spar –

Heuwels, Num Num. Smith, Lofty Nel str,

Brak). Part of Reebok. Fraaiuitsig, Spar (GBR), Gericke Street.

Hartland Woodline, Outeniquabosch

Hoender/Plaas,

Hartland

Driver:

Heiderand streets:

Seder, via Checkers

Tolbos, Peperboom,

Hardekool Crescent via

Vuurdoring. Old Traffic offices-

Koraalboom via Casino, Blue, J.C.C Heiderand, Blombosch.

Swarthout & Casino, Correctional Camp, Checkers Stellenbosch, Casino, Checkers,

Kameeldoring & Services, Pinnacle Heiderand, Shoprite, Herbertsdale, Moss Shoprite - Kwa

Ysterhout, Apiesdoring, Point, Checkers, Albert Luthuli Park, Industria, Checkers, Hr, Nonqaba, Danabaai.

Pinnacle Park, Seashells, Caltex, Mikeva, Adriaan Rylaan. Fynbos-Kompleks,

Heiderand Flats, De Danabaai, Builders Heights, Gondwana,

Bosse, Mopanie str, Home, Danabaai Shops. Garden Route Casino.

Soetdoring,

Boekenhout str,

Broodboom str,

Kokerboom, Olienhout

str.

Island Contractor:

Island

1.4.18 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:

• Delivery Time Frame

Standard Goods and Services must be delivered On-Time as agreed.

Target 100 % achievement

Proof of evidence Delivery notes and refuse count to be submitted with invoice

• Supplied in Terms of Specifications

Standard Product/service delivered complies with specifications set in tender/project document.

Target 100 % achievement

Proof of evidence Delivery notes and refuse counts to be delivered with invoice

• Tools and Equipment

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

delivery.

Target 100 % achievement

Proof of evidence Photographs of vehicles to be provided at start of contract

Section 2.1 Functionality

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

65 out of 85 points for this criteria will be regarded as non-responsive and will not be evaluated on

price, B-BBEE and Locality. 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

Company (or JV) Experience related to waste

1 management which includes collection and 30

disposal of refuse.

References Related to waste management

2 which includes collection and disposal of 15

refuse.

3 Vehicle 40

Total 85

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

Criterion 1: Company (or JV) Experience

(a) A maximum of 30 points will be awarded at the sole discretion of the Municipality’s Bid Evaluation

Committee based on the information provided. Please note that this section refers to the Company’s and

its legacy firms past experience. Meaning this section takes into consideration that the company as an

entity has gained relevant experience in the past and showcase that the company is in the business of

said Scope of Works.

(b) Relevant experience is defined as the accumulation of knowledge or skill that results from direct

participation in relevant/similar events or activities and/or as determined by the Mossel Bay Municipality

where applicable.

Experience required:

Successfully completed projects related to waste Maximum points Bidder Score

management which includes collection and disposal

of refuse.

A minimum 1 year but up to 3 year’s total relevant

10experience.

More than 3 years, but up to 5 years total relevant 20

experience.

More than 5 years total relevant experience. 30

Total

(c) In order to claim points for the above, bidders must submit sufficient information as well as documentary

proof of experience relating to Waste Management which includes collection and disposal of refuse,

by means of appointment letters or any other documentary proof. Please note that reference

questionnaires will not be accepted for this criterion as it is relevant to criterion 2.

(d) Points will only be awarded for relevant & completed experience obtained relevant to the Tender Scope

of Works. To be able to gain points the Tenderer must submit proof that the company has obtained the

relevant experience for this Tender’s Scope of Works & Specifications, and not only parts thereof. If

experience is listed, please ensure it is applicable and relevant to the whole of this Tender and not only to

parts thereof, otherwise the Bidder will not be awarded the necessary points. Bidders to provide enough

experience to score the total points as prescribed.

(e) NB: If no information is provided below OR referred to as an additional attachment NO POINTS WILL BE

Awarded.

Nature of work/Scope of Start and completion

work (A full breakdown of Value of Work Employer/Client date (month and year)

the scope to be (incl. VAT)

Duration submitted)

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Start

Completion

Duration

Criterion 2: References related to Experience

Please note that this section refers to the Company’s and its legacy firms’ references related to the experience. It

also takes into account that the references are related & relevant to waste management which includes

collection and disposal of refuse.

Bidders must provide their reference with attached questionnaire (SEE ATTACHMENT A), which have to be

completed and signed by the references in order to obtain points.

Please note that points will not overlap, meaning points are awarded only once per reference/company/entity per

project experience. Please refrain from submitting multiple references from the same company on the same project.

Please note it is the duty of the Bidder to ensure that the references given are relevant to the Scope of Works.

• Reference Scoring: A maximum of 15 points will be awarded at the sole discretion of the Municipality’s Bid

Evaluation Committee based on the information provided and will be split as follows.

• In order to claim points, bidders must submit, with the tender document, a minimum of three (3)

questionnaires to which the above-mentioned Experience have been provided.

• These questionnaires must be current/most recent, relevant and related to the experience.
• It is the bidders’ responsibility to ensure that the details provided are correct, before submitting his tender,

and that the references will be available and be able to provide additional feedback, if necessary.

• If the references are unable to validate, verify or provide additional information on the projects, no points

will be awarded for that particular reference.

• 5 points will be awarded for each questionnaire which is positive and relevant to the Scope of Works of

this contract, subject to the final discretion of SCM bid evaluation staff.

NB: If no questionnaires are attached NO POINTS WILL BE AWARDED. APPOINTMENT LETTERS WILL NOT

Be accepted for this criteria.

Attachment a

Question to Reference Reference’s Response

1. Detail of the work that have been successfully completed ..................................................................

(Waste management which includes collection and disposal of ..................................................................

refuse). (1 point)

Yes ...........................................................

2. Was the work completed within the contractual time frame? No ..............................................................

(1 point) If No, please state why:

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

Yes ...........................................................

3. Was the work completed within the contract amount? No ..............................................................

(1 point) If No, please state why:

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

Yes ...........................................................

4. Did the contractor comply with the Occupational Health & Safety No ..............................................................

regulations on site? (1 point) If No, please state why:

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

Yes ...........................................................

5. In general were you satisfied with their performance - thus would No ..............................................................

you recommend them for this Tender considering all of above?

If No, please state why: (1 point)

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

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

Name of reference signature

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

Contact person & telephone number date

STAMP OF REFERENCE (if available)

Criterion 3: Vehicle

If the Bidder intend to use vehicle other than those stipulated in the Tender Specifications the Bidder must

qualify/declare this in their tender document, for the evaluation process. If nothing is qualified or declared, then

those stipulated in the Tender Specifications are applicable to this Tender.

A maximum of 40 points will be awarded based on the information provided.

Equipment Owned or Hired by Bidder Score

Bidder

(Maximum Points)

2 x minimum of 3-5 Ton Truck OR LDV bakkie with trailer.

(The 3-5 Ton Truck OR LDV must be fitted with a tracker 40

which can provide movement reports)

Total 40

(a) If the vehicle is owned, proof of ownership must be submitted.

(b) If the vehicle will be 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) Proof of the tracker must be submitted in the form of confirmation from the tracking company eg. email,

letter or invoice.

(d) This vehicle must be available for inspection at any given time or point. Roadworthy tests may be

requested if vehicle is not in satisfactory condition.

The tenderer shall state below what vehicle will be available specifically for this Contract. The tenderer shall

differentiate, if applicable, between vehicle immediately available, vehicle will be hired for the work should he be

awarded the tender.

If no information is provided below or referred to as an additional attachment NO POINTS WILL BE AWARDED.

Vehicle available and allocated for this project

Registration

Number

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

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

1.2.24 Wrong Information Furnished

and the B-BBEE Status Level of Contribution obtained by the bidder.

• 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-BBEE Status Level of

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

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 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.

22.1 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. The Register can be perused on the National Treasury website

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.

must be available on request.

1.4.8.1 The appointed contractor must provide proof that they have a minimum of two vehicles available per block.

1.4.0 A weekly collection schedule must be submitted in writing to the Director: Community services or her

delegate.

1.4.11 The successful bidder or a representative must collect complaints that were received from the public on a

daily basis from the Director: Community Services or her delegate.

1.4.12 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.

1.4.13 The successful bidder must indemnify the Municipality from any actions, lawsuits, proceedings, claims,

demands, costs, damages and expenses that may occur or be brought against the Municipality in

rendering this or as a result of rendering this service.

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

statement after the work has been completed and to the satisfaction of the Director: Community Services

or her delegate. A count of all the collection points must be submitted with the invoice for payment.

1.4.15 The price must include all costs, including 15% VAT.

1.4.16 Removal includes the removal of household and garden refuse for:

(a) Block A - Approximately 12500 households.

(b) Block B - Approximately 10264 households.

(c) Block C - Approximately 7502 households.

(d) Block D - Approximately 10100 households.

the leading partner of the consortium or joint venture. The leading partner of the consortium or joint venture is

determined by the shareholding regarding the liability, which is included in the consortium or joint venture

agreement.

Special Conditions of Contract: The contract is for three years from 01 July 2027 to 30 June 2030. The area is divided into four blocks; each block managed by one service provider. Bidders can tender for one or all blocks but only one block awarded per bidder. Bidders must rank blocks 1 to 4. A preferred and alternative bidder will be appointed per block. The successful bidder must confirm in writing within 24 hours of receipt of order that service can be delivered; failure results in cancellation and use of alternative bidder. Refuse collection must be completed by 17:00 daily. Dumping fees may become payable. Key performance indicators include delivery time frame, supplied in terms of specifications, and tools and equipment – target 100% achievement.

Tenders must be submitted on original documents and remain valid for 120 days after closing date. Bidders must be registered on the Central Supplier Database. Compulsory documentation includes: Tax Compliance Status Pin from SARS (each JV member separately); CIDB registration if applicable (non-responsive if suspended/inactive/deregistered); municipal rates and taxes account copies for bidder and directors, or affidavits if no property owned; lease agreements if renting; authorised signatory resolution; Letter of Good Standing from the Compensation Commissioner. Bidders must not be in arrears with municipal rates and taxes for more than three months. Tender documents must be fully completed in black ink, not retyped, no unauthorised alterations, and all material pages returned.

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

deregistered on the day of evaluation.

2.1 Functionality 24

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

will be pre-evaluated on the following functionality criteria and bids that score less than 68 out of 85 points will be

Functionality criteria and weight

a weight of 30 points.

weight of 15 points.

3. Vehicle carrying a weight of 40 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.

highest number of points.

the tender scoring the highest points.

re-evaluated on the following functionality criteria and bids that score less than 68 out of 85 points will be

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 conformity