Legal services tender – northern cape government RFB (36 months)

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Returnable Documents: reasons as to why a municipal account cannot be submitted and/or a valid lease

1. Scope of bid

Dawid Kruiper Municipality has an approved Credit Control and Debt Collection Policy and

Bylaw. In terms of the Policy and By-Law and other relevant legislation, the Municipality

may embark on its own debt collections action in the first instance and in doing so may

exhaust all internal measures before taking legal action against debtors.

The purpose of this tender is to seek the assistance of attorneys on an ad-hoc basis for a

period of thirty-six (36) months in the legal action process, to ensure that monies due and

payable to the Municipality are collected and to provide legal assistance in the matters

incidental to the collection of the debt.

The services, amongst others, include the following:

1.1.1.1 Summons;

1.1.1.2 Judgements:

1.1.1.3 Credit Listing:

1.1.1.4 Warrant of executions;

1.1.1.5 Section 65 proceedings;

1.1.1.6 All other legal proceedings pertaining collection process

2. Closing date

2.1. Sealed bids clearly marked “TN035/2026: APPOINTMENT OF ATTORNEY TO

Render legal services for a period of thirty-six (36) months on

AN AD-HOC BASIS ” must be placed in the Municipal tender Box before or at 14:00

on Friday, 07 August 2026 and will be opened directly thereafter in the Councillor

Chambers at the Municipal Offices.

3. General requirements

3.1. This bid document as a whole, without any alteration, modification, deletion, editing

or formatting of the documents content, must be completed and returned no later

than the closing date and time to be evaluated. Any incomplete, altered, modified,

edited or formatted document will not be considered.

3.2. The lowest or only bid will not necessarily be accepted.

3.3. Bids per fax or E- mail will also not be considered, only the original signed document

will be accepted.

3.4. The following forms, Summary of items and bid price, MBD 1, MBD 4, MBD 6.1,

MDB 7.2, MBD 8 and MBD 9, must be completed.

3.5. Bids will be evaluated in accordance with the applicable Preferential Point Scoring

System as set out in the Councils Supply Chain Management Policy.

3.6. Bidders must be registered at National Treasury’s Central Suppliers Data Base

(CSD) and proof must be submitted.

3.7 A copy of the Municipal account not older than 3 months and not in arrears for more

than 90 days, on date of submission.

3.8 If the bidder is not liable for levies for municipal services, a Sworn Affidavit indicating

reasons as to why a municipal account cannot be submitted and/or a valid lease

agreement.

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Compulsory documentation

These documents must be attached to the bid form. Bids not containing these documents

will be deemed as non-responsive

4.1 All legal practitioners must submit their Admission Certificates (Court Order).

4.2 All legal practitioners must submit their valid Certificate of Good Standing issued by

the South African Legal Practice Council.

4.3 All Legal Practitioners must submit their valid Fidelity Fund Certificate as provided

for in Section 84 of the Legal Practice Act.

5. Bid pricing

5.1. Bidders are required to quote prices according to the price schedules and

specifications.

5.2. Price(s) quoted must be valid for at least 120 (one-hundred-and-twenty) days from

bid closing date

5.3. Price(s) quoted must be firm and must be inclusive of VAT.

5.4. The Municipality reserves the right to appoint more than one supplier, to a maximum

of three, suppliers.

6. Method of delivery and address

Goods and services must be delivered as a whole.

Delivery must be made to

Dawid Kruiper Municipality

Head Office building

Mutual Street

Upington

Northern Cape

7. Legislative and regulatory framework

7.1. Full particulars of the costs structure, must be provided on the attached pricing in

accordance with a SLA to be concluded with Dawid Kruiper Municipality for all debtors

who will be handed over.

7.2. The successful tenderer, by acting on behalf of Dawid Kruiper Municipality, will be

required to heed to the principles and conditions of legislation and applicable policies

at all times when dealing with debtors. A comprehensive debt collecting service is

required, focusing on the following applicable legislation:

7.2.1. The Constitution;

7.2.2. National Legislation;

7.2.3. Provincial Legislation;

7.2.4. Local Government Legislation;

7.2.5. Customer Care and Debt Collection Policy;

7.2.6. By-Laws of the Municipality;

7.2.7. All relevant / applicable policies; and

7.2.8. Council Resolutions

7.3. Legal Practice Act, 2014 (Act No. ).

7.4. Cost Containment Regulations and Policy

7.5. Travel and Subsistence Policy

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Bid document checklist and returnable

# Document Name Included in the To be returned by Bidder may tick

published bid the bidder “Yes”

document

Phase 1: administrative and legislation requirements

1. MBD 1: Invitation to Bid Yes Yes

2. Proof of authority must be

submitted as per MBD 1 No Yes

e.g. company resolution

for the capacity under

which this bid is signed

3. MBD 4: Declaration of Yes Yes

Interest

4. MBD 6.1: Preference Yes Yes

Points Claim Form in

Terms of the Preferential

Procurement Regulation

5. MBD 7.2: Contract form Yes Yes

for Rendering of Services

6. MBD 8: Declaration of Yes Yes

Bidders

7. MBD 9: Past SCM Yes Yes

Practices Certification of

independent Bid

The successful tenderer must assess and report to the Municipality on the prospects and cost effectiveness of the recovery of debt and shall immediately advise the Municipality if it appears that the recovery of any debt is not cost effective.

1.30 “Briefing Pattern Ratio” means the briefing ratio as approved

by the briefing policy of the DoJCD

1.31 “Listing” means a process where a Legal Practitioner

applies to be listed on a panel of legal practitioners to

receive instructions from Dawid Kruiper Municipality.

1.32 “Years Experience” means practical experience in the

specialized law services/fields applying for.

2. 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.

3. 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.

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3.2 Invitations to bid are usually published in locally distributed

news media and on Dawid Kruiper municipality's website.

4. Standards 4.1 The goods supplied shall conform to the standards

mentioned in the bidding documents and specifications.

5. Use of contract 5.1 The supplier shall not, without the purchaser’s prior written

documents and consent, disclose the contract, or any provision thereof, or

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

inspection 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.

11.1.1. The Accountant: Tenders (Martilee van Rooi) and Manager: Supply Chain

Management (Michael Rooi) within the Supply Chain Management Unit may

communicate with the tenderer where clarity is sought after the closing date

and time of the bid and prior to the award of the tender, or to extend the validity

period of the bid, if necessary.

11.1.2. Any communication to any Dawid Kruiper official or a person acting in an

advisory capacity for Dawid Kruiper Municipality in respect of this bid between

the closing date and the award of the bid by the tenderer is discouraged.

11.1.3. If a tenderer finds or reasonably believes it has found any discrepancy,

ambiguity, error or inconsistency in this bid or any other information provided

by Dawid Kruiper Municipality (other than minor clerical matters), the tenderer

must promptly notify Dawid Kruiper Municipality in writing of such

discrepancy, ambiguity, error or inconsistency to afford the Municipality

an opportunity to consider what corrective action is necessary (if any).

11.1.4. Any actual discrepancy, ambiguity, error or inconsistency in this bid or any

other information provided by Dawid Kruiper Municipality will, if possible, be

corrected and provided to all tenderers without attribution to the tenderer who

provided the written notice.

11.1.5. All communication between a tenderer and the Dawid Kruiper’s SCM office

must be done in writing as per the Contact Details below.

11.1.6. No representations made by or on behalf of Dawid Kruiper Municipality in

relation to this bid will be binding on Dawid Kruiper Municipality unless that

representation is expressly incorporated into the contract ultimately entered

between Dawid Kruiper Municipality and the successful tenderer or legal

practitioner(s).

11.1.7. All persons obtaining or receiving this bid and any other information in

connection with this bid, or the tendering process must keep the contents of

the bid and other such information confidential, and not disclose or use the

information except as required for the purpose of developing a response to

this bid

5.1. Bidders are required to quote prices according to the price schedules and

specifications.

5.2. Price(s) quoted must be valid for at least 120 (one-hundred-and-twenty) days from

bid closing date

5.3. Price(s) quoted must be firm and must be inclusive of VAT.

5.4. The Municipality reserves the right to appoint more than one supplier, to a maximum

of three, suppliers.

7.1. Full particulars of the costs structure, must be provided on the attached pricing in

accordance with a SLA to be concluded with Dawid Kruiper Municipality for all debtors

who will be handed over.

7.2. The successful tenderer, by acting on behalf of Dawid Kruiper Municipality, will be

required to heed to the principles and conditions of legislation and applicable policies

at all times when dealing with debtors. A comprehensive debt collecting service is

required, focusing on the following applicable legislation:

7.2.1. The Constitution;

7.2.2. National Legislation;

7.2.3. Provincial Legislation;

7.2.4. Local Government Legislation;

7.2.5. Customer Care and Debt Collection Policy;

7.2.6. By-Laws of the Municipality;

7.2.7. All relevant / applicable policies; and

7.2.8. Council Resolutions

7.3. Legal Practice Act, 2014 (Act No. ).

7.4. Cost Containment Regulations and Policy

7.5. Travel and Subsistence Policy

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10.1. The Municipality shall pay according to the agreed rates as offered and accepted

by the successful bidder;

10.2. The Municipality shall pay for disbursement reasonably incurrent;

10.3. The successful bidder shall not charge the Municipality for local travelling;

10.4. The successful bidder shall not charge a surcharge;

10.5. The drawing fee shall not be allowed on any invoice;

10.6. Invoices must be broken down per item with full narration;

10.7. The successful bidder may submit interim bills to the Municipality at appropriate

intervals during the course of each matter;

10.8. The Municipality shall exercise its best endeavours to settle any invoices sent by

the successful bidder within thirty (30) days of receipt thereof.

10.9. Where provision of fees and disbursements are not provided for in the tariff

structure, the successful bidder shall negotiate and agree with the Municipality in

writing on the applicable tariffs;

10.10. The tariffs shall be categorised in terms of High Court, Lower Courts (regional and

magistrate) and Non-Litigious.

10.11. The rates shall be scheduled in the following terms:

 Day and Hourly rate for in general and for drafting, perusal, study, research

and court work

 Charges for photocopies, telephone calls and emails

 Expenses for travelling and subsistence to be read with pricing schedule Part

D

11.12 The rates shall be on attorney and own client scale (unless fixed in the pricing

schedule) and per Service Level Agreement signed between the parties.

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CSD Registration Nr MAAA

CSD report

appointment letters, emails, company profiles will be accepted for point allocation

3.4. The following forms, Summary of items and bid price, MBD 1, MBD 4, MBD 6.1,

MDB 7.2, MBD 8 and MBD 9, must be completed.

3.6. Bidders must be registered at National Treasury’s Central Suppliers Data Base

(CSD) and proof must be submitted.

reasons as to why a municipal account cannot be submitted and/or a valid lease

ollowing forms, Summary of items and bid price, MBD 1, MBD 4, MBD 6.1,

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.

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25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23,

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.

Government procurement: general conditions of contract

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Dawid Kruiper: Republic of South Africa

33. Transfer of 33.1 The contractor shall not abandon, transfer, cede assign or

contracts sublet a contract or part thereof without the written

permission of the purchaser

34. Amendment of 34.1 No agreement to amend or vary a contract or order or the

contracts 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 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No.

restrictive practices , 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.

Government procurement: general conditions of contract

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# Document Name Included in the To be returned by Bidder may tick

published bid the bidder “Yes”

document

Phase 1: administrative and legislation requirements

1. MBD 1: Invitation to Bid Yes Yes

13.1. Attorneys shall regard all information, which he / she obtains or are entrusted with

concerning the participating department or its members whilst executing the

contract, as confidential, secret, or top secret.

13.2. The legal practitioners, his / her employees, sub-contractors, or agents may not

make any such information obtained or entrusted to any other person or to the

media.

13.3. PROMOTION OF ACCESS TO INFORMATION ACT, ACT as

amended, and (POPI Act)

13.3.1. The Service Provider will be required to comply with the requirements of the

16. Payment

17. Prices

18. Variation orders

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Anti-dumping and countervailing duties and rights

25. Force Majeure

26. Termination for insolvency

27. Settlement of Disputes

28. Limitation of Liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. Transfer of contracts

34. Amendments of contracts

Government procurement: general conditions of contract

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Dawid Kruiper: Republic of South Africa

General Conditions of Contract

1. Definitions 1. 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 consignee’s 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.

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Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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.

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Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

1.24 “Services” means those functional services ancillaries 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.

1.29 “Legal practitioner” has the same meaning provided in the

Legal Practice Act.

1.30 “Briefing Pattern Ratio” means the briefing ratio as approved

by the briefing policy of the DoJCD

1.31 “Listing” means a process where a Legal Practitioner

applies to be listed on a panel of legal practitioners to

receive instructions from Dawid Kruiper Municipality.

1.32 “Years Experience” means practical experience in the

specialized law services/fields applying for.

2. 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.

3. 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.

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3.2 Invitations to bid are usually published in locally distributed

news media and on Dawid Kruiper municipality's website.

4. Standards 4.1 The goods supplied shall conform to the standards

mentioned in the bidding documents and specifications.

5. Use of contract 5.1 The supplier shall not, without the purchaser’s prior written

documents and consent, disclose the contract, or any provision thereof, or

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

inspection 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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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.

6. 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

Dawid Kruiper municipality, the intellectual, copy and patent

rights or ownership of such documents or projects will vest

in Dawid Kruiper municipality.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of

security 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.

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7.3 The performance security shall be denominated in the

currency of the contract, or in a freely convertible currency

acceptable to the purchaser and shall be in one of the

following forms:

(a) a bank guarantee or an irrevocable letter of credit

issued by a reputable bank located in the

purchaser’s country or abroad, acceptable to the

purchaser, in the form provided in the bidding

documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque.

7.4 The performance security will be discharged by the

purchaser and returned to the supplier not later than thirty

(30) days following the date of completion of the supplier’s

performance obligations under the contract, including any

warranty obligations, unless otherwise specified.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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

tests and

analyses 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.

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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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

9. 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.

10. Delivery and 10.1 Delivery of the goods and arrangements for shipping and

Documents clearance obligations, shall be made by the supplier in

accordance with the terms specified in the contract.

11. 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.

12. Transportation 12.1 Should a price other than an all-inclusive delivered price be

required, this shall be specified

13. Incidental 13.1 The supplier may be required to provide any or all of the

Services following services, including additional services, if any:

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(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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

14. 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

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,

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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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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

fulfillment 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 18.1 In cases where the estimated value of the envisaged

Orders 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

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be approached to reduce the unit price, and such offers may

be accepted provided that there is no escalation in price.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its

obligations to perform under the contract, except with the

purchaser’s prior written consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

subcontracts awarded under this contract if not already

specified in the bid. Such notification, in the original bid or

later, shall not relieve the supplier from any liability or

obligation under the contract.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be

supplier’s made by the supplier in accordance with the time schedule

performance 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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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.

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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 23.1 The purchaser, without prejudice to any other remedy for

for default 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 judgment of the purchaser, has

engaged in corrupt or fraudulent practices in

competing for or in executing the contract.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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

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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 Daulters. 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

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

24. Antidumping 24.1 When, after the date of bid, provisional payments are

and required, or anti-dumping or countervailing duties are

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

duties and rights dumping or countervailing right is increased in respect of

any dumped or subsidized import, Dawid Kruiper

Municipality 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.

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25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23,

Majeure 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 26.1 The purchaser may at any time terminate the contract by

for insolvency 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 27.1 If any dispute or difference of any kind whatsoever arises

Disputes 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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct,

Liability 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 29.1 The contract shall be written in English. All correspondence

Language 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.

Government procurement: general conditions of contract

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Dawid Kruiper: Republic of South Africa

33. Transfer of 33.1 The contractor shall not abandon, transfer, cede assign or

contracts sublet a contract or part thereof without the written

permission of the purchaser

34. Amendment of 34.1 No agreement to amend or vary a contract or order or the

contracts 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 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No.

restrictive practices , 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.

Government procurement: general conditions of contract

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Dawid kruiper municipality

1. Definitions 1. 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 consignee’s 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.

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Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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.

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Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

1.24 “Services” means those functional services ancillaries 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.

1.29 “Legal practitioner” has the same meaning provided in the

confidence and shall extend only so far as may be

necessary for purposes of such performance.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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.

6. 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

rights or ownership of such documents or projects will vest

in Dawid Kruiper municipality.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of

security 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.

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7.3 The performance security shall be denominated in the

currency of the contract, or in a freely convertible currency

acceptable to the purchaser and shall be in one of the

following forms:

(a) a bank guarantee or an irrevocable letter of credit

issued by a reputable bank located in the

purchaser’s country or abroad, acceptable to the

purchaser, in the form provided in the bidding

documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque.

7.4 The performance security will be discharged by the

purchaser and returned to the supplier not later than thirty

(30) days following the date of completion of the supplier’s

performance obligations under the contract, including any

warranty obligations, unless otherwise specified.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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

tests and

analyses 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.

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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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

9. 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.

accordance with the terms specified in the contract.

11. 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.

12. Transportation 12.1 Should a price other than an all-inclusive delivered price be

required, this shall be specified

13. Incidental 13.1 The supplier may be required to provide any or all of the

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(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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

14. 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

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,

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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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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

fulfillment 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 18.1 In cases where the estimated value of the envisaged

Orders 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

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be approached to reduce the unit price, and such offers may

be accepted provided that there is no escalation in price.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its

obligations to perform under the contract, except with the

purchaser’s prior written consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

subcontracts awarded under this contract if not already

specified in the bid. Such notification, in the original bid or

later, shall not relieve the supplier from any liability or

obligation under the contract.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be

supplier’s made by the supplier in accordance with the time schedule

performance 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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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.

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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 23.1 The purchaser, without prejudice to any other remedy for

for default 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 judgment of the purchaser, has

engaged in corrupt or fraudulent practices in

competing for or in executing the contract.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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

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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

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 26.1 The purchaser may at any time terminate the contract by

for insolvency 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 27.1 If any dispute or difference of any kind whatsoever arises

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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

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28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct,

Liability 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 29.1 The contract shall be written in English. All correspondence

9.11. The successful tenderer shall not settle or compromise any claim or initiate litigation

on behalf of Dawid Kruiper Municipality, without the necessary consultation and

approval of the Municipality.

9.12. Either party may terminate if the other party has become bankrupt or insolvent.

9.13. Client may terminate if the Service Provider is notified that he/she has:

9.13.1. Substantially failed to comply with the contract obligations

9.13.2. Failed to stop defaulting within three weeks of notification

9.13.3. Assigned the Contract to another service provider/ sub-Service Provider or

any other reasonable reason.

9.13.4. The Municipality must be indemnified from any liability in respect of a claim

arising from the execution by the successful bidder of its obligation.

9.14. The service provider shall:

9.14.1. Ensure that a correct debtor is handed over by comparing the handed over

account’s ownership with the Registrar of Deeds information before any

collection can start and if the ownership details are different, the account

shall be returned to Dawid Kruiper Municipality for verification.

9.14.2. Ensure that all collection methods shall comply in all respects with the

provisions of the Magistrate’s Court Act as amended and the

Phase 1 Phase 2 Phase 3

Administrative Evaluation Mandatory Evaluation Technical Compliance Evaluation

Compliance with legislative Compliance with mandatory Compliance with requirements

and other bid requirements requirements relating to the experience

Functionality Percentage Score as per Supply Chain Management Policy

(W) (V) (W x V)

Criteria Weight Value Score

Submission of Admission Certificates (Court Order) (10 points)

Valid Certificate of Good Standing from the South African Legal 20

Practice Council (10 points)

Valid Fidelity Fund Certificate as per Section 87 and 34(2)(b) of the 10

Legal Practice Act

Level of expertise and qualifications of personnel 25

Proof of Similar projects and work performed 10

Proof of Well-Established Law Firm 10

Total Weight 75 25 So

Values: 1 = Poor; 2 = Average; 3 = Good; 4 = Very good; 5 = Excellent Fp =70%

Functionality point’s basis

9.1 The calculation of the functionality percentage score to be earned is set out in Table 4

above.

9.2 Quotations or bids that scored less than a 70% Functionality Percentage (Fp) in

Table 4 above where Fp = So / 375 x 100, will be disqualified.

9.3 Functionality will only be applicable to consultants or to long term contracts where the

monetary value of the contract cannot be determined exactly.

The Functionality Evaluation Criteria is set out below. Any tenderer who does not score

a minimum of 70% for the Functionality Evaluation will be disqualified.

9.4 Compulsory documentation for functionality evaluation:

9.4.1 All legal practitioners must submit their Admission Certificates (Court Order).

9.4.2 All legal practitioners must submit their valid Certificate of Good Standing issued

by the South African Legal Practice Council.

9.4.3 All Legal Practitioners must submit their valid Fidelity Fund Certificate as provided

for in Section 84 of the Legal Practice Act.

If no proof is submitted, the bid will be deemed as non-responsive.

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9.4.4 CV’s for each individual of proposed project team including certified copies of

qualifications (certification not older than 3 months) of personnel and their total years’

experience post qualification received. If no proof is submitted, points will not be

allocated.

9.4.5 Proof of similar work performed for other entities (reference letters with clients’

letterhead will ONLY be accepted as proof of work performed). No appointment

letters, emails, company profiles will be accepted for point allocation. Submit related

work only. If no proof is submitted, points will not be allocated.

9.4.6 Proof of Well-Established Law Firm – proof of Fidelity Fund Certificate issued to the

law firm clearly indicating the date it was issued or CIPC Registration date. As long

as the date of Establishment of firm can be determined. If no proof is submitted,

points will not be allocated.

1. Submission of Admission Certificates (Court Order)

Poor No Proof of Admission Certificates (Court Order) 1

Excellent Proof of Admission Certificates (Court Order) 10

2. Valid Certificate of Good Standing from the South African Legal Practice

Council

Poor No Certificate / Invalid Certificated submitted 1

Proof of Valid Certificate of Good Standing from South

Excellent 10

African Legal Practice Council Submitted

3. Valid Fidelity Fund Certificate as per Section 87 and 34(2)(b) of the Legal

Practice Act

No Certificate / Invalid Certificated submitted

Poor 1

Proof of Valid Fidelity Fund Certificate as per Section 87 10

Excellent

and 34(2)(b) of the Legal Practice Act

4. Level of expertise and qualifications of personnel

Amount of experience years of listed personnel – 5 -10

Poor 5

combined years post qualification experience

Amount of experience years of listed personnel - 11 - 15

Average 10

combined years post qualification experience

Amount of experience years of listed personnel - 16 - 20

Good 15

combined years post qualification experience

Amount of experience years of listed personnel – 20 -25

Very Good 20

combined years post qualification experience

Amount of experience years of listed personnel - 26 and

Excellent 25

above combined years post qualification experience

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5. Previous experience and proof of similar work successfully performed

1 Reference Letter of an entity for which collections were

Poor 1

performed

2 Reference Letters of entities for which collections were

Average performed 4

3 Reference Letters of entities for which collections were

Good performed 6

4 Reference Letters of entities for which collections were

Very Good performed 8

5 Reference Letters of entities for which collections were

Excellent performed 10

6. Well Established Law Firm

FCC of Law Firm / CIPC indicates the firm is established

Poor 1

less than 1 year

FCC of Law Firm / CIPC indicates the firm is established

Average 1 - 3 years 4

FCC of Law Firm / CIPC indicates the firm is established

Good 4 – 5 years 6

FCC of Law Firm / CIPC indicates the firm is established

Very Good 6 - 8 years 8

FCC of Law Firm / CIPC indicates the firm is established

Excellent more than 8 years 10

9. Project scope

9.1. The collection process shall consist of a soft and hard collection process

9.1.1. Soft Collection:

9.1.1.1. Any legal tracing method

9.1.1.2. Pro-active reminders (SMS, Email, Reminder letter, letter of demand)

9.1.1.3. Telephone Calls

9.1.2. Hard Collection:

9.1.2.1. Summons

9.1.2.2. Pleading

9.1.2.3. Judgement

9.1.2.4. Warrant of execution

9.1.2.5. Credit Bureau Listing

9.2. The Municipality expects a high standard of delivery and that all reasonable steps, to

recover debt as speedily, cost effectively and appropriately as possible, will be

instituted timeously and without undue delay.

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9.3. The successful tenderer must assess and report to the Municipality on the prospects

and cost effectiveness of the recovery of debt and shall immediately advise the

Municipality, in writing, of irrecoverable matters and close its file upon instruction in

respect hereof.

9.4. The successful bidder will not accept work from the Municipality if and when the

debtor is their client; so, to avoid a conflict of interest.

9.5. The successful tenderer must have a sound knowledge of various aspects of local

government and public sector legislation so as to be in a position to protect the

Municipality’s interest in matters referred to it by Dawid Kruiper Municipality.

9.6. The successful tenderer must possess sound knowledge, experience and a proven

success record in debt collection.

9.7. The successful tenderer must supply its own resources in respect of offices,

personnel, vehicles and equipment required.

9.8. The successful tenderer must have access to the necessary infrastructure and have

sufficient finance experience in the public sector.

9.9. The successful tenderer may be required to change, at own cost, existing

management report formats at the request of Dawid Kruiper Municipality.

9.10. The successful tender is required to take the necessary action against debtors placed

under administration or debt review and act on behalf of Dawid Kruiper Municipality

in business rescue and liquidation matters and in executions where Dawid Kruiper

Municipality has a vested interest.

9.11. The successful tenderer shall not settle or compromise any claim or initiate litigation

on behalf of Dawid Kruiper Municipality, without the necessary consultation and

approval of the Municipality.

9.12. Either party may terminate if the other party has become bankrupt or insolvent.

9.13. Client may terminate if the Service Provider is notified that he/she has:

9.13.1. Substantially failed to comply with the contract obligations

9.13.2. Failed to stop defaulting within three weeks of notification

9.13.3. Assigned the Contract to another service provider/ sub-Service Provider or

any other reasonable reason.

9.13.4. The Municipality must be indemnified from any liability in respect of a claim

arising from the execution by the successful bidder of its obligation.

9.14. The service provider shall:

9.14.1. Ensure that a correct debtor is handed over by comparing the handed over

account’s ownership with the Registrar of Deeds information before any

collection can start and if the ownership details are different, the account

shall be returned to Dawid Kruiper Municipality for verification.

9.14.2. Ensure that all collection methods shall comply in all respects with the

provisions of the Magistrate’s Court Act as amended and the

Debt Collectors Act as amended, Credit Control and Debt

Collection Policies of the Municipality and all other applicable legislation.

9.14.3. In the event of the debtor fails to pay or otherwise fails to settle the matter

on receipt of summons, proceed with the judgement and execution in terms

of the rules of the court concerned, but only after the approval by the Dawid

Kruiper Municipality.

9.14.4. In the event of the debtor defending any actions instituted against him / her

/ them, the Service Provider shall inform Dawid Kruiper accordingly and shall

not proceed with the prosecution of such action, unless otherwise instructed

by the Municipality. In the event of judgment being granted in favour of the

Municipality, the Service Provider shall proceed with execution and / or such

further steps as may be available in terms of the rules of the court concerned

for collection of the amount outstanding.

9.14.5. To the satisfaction of Dawid Kruiper Municipality maintain adequate and

correct records and details of payments by debtors, amounts charged, legal

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fees charged on the debts and the outstanding balances in respect of each

debt.

9.14.6. Collect each debt strictly on an “individual matter” basis and maintain a

separate account, file and record in respect of each debt.

9.14.7. Inform the Municipality when the service providers become aware of any

change to the personal Information of the debtor’s postal address and

telephone details, or any other details.

9.14.8. The Service Provider will report progress monthly with regards to the

debtor’s list that was handed over for debt collection.

9.14.9. All payments by customers must be paid directly to Dawid Kruiper

Local Municipality’s Absa primary bank account.

10. Pricing fee / tariff structure

10.1. The Municipality shall pay according to the agreed rates as offered and accepted

by the successful bidder;

10.2. The Municipality shall pay for disbursement reasonably incurrent;

10.3. The successful bidder shall not charge the Municipality for local travelling;

10.4. The successful bidder shall not charge a surcharge;

10.5. The drawing fee shall not be allowed on any invoice;

10.6. Invoices must be broken down per item with full narration;

10.7. The successful bidder may submit interim bills to the Municipality at appropriate

intervals during the course of each matter;

10.8. The Municipality shall exercise its best endeavours to settle any invoices sent by

the successful bidder within thirty (30) days of receipt thereof.

10.9. Where provision of fees and disbursements are not provided for in the tariff

structure, the successful bidder shall negotiate and agree with the Municipality in

writing on the applicable tariffs;

10.10. The tariffs shall be categorised in terms of High Court, Lower Courts (regional and

magistrate) and Non-Litigious.

10.11. The rates shall be scheduled in the following terms:

 Day and Hourly rate for in general and for drafting, perusal, study, research

and court work

 Charges for photocopies, telephone calls and emails

 Expenses for travelling and subsistence to be read with pricing schedule Part

D

11.12 The rates shall be on attorney and own client scale (unless fixed in the pricing

schedule) and per Service Level Agreement signed between the parties.

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11. Communication and confidentiality

11.1.1. The Accountant: Tenders (Martilee van Rooi) and Manager: Supply Chain

Management (Michael Rooi) within the Supply Chain Management Unit may

communicate with the tenderer where clarity is sought after the closing date

and time of the bid and prior to the award of the tender, or to extend the validity

period of the bid, if necessary.

11.1.2. Any communication to any Dawid Kruiper official or a person acting in an

advisory capacity for Dawid Kruiper Municipality in respect of this bid between

the closing date and the award of the bid by the tenderer is discouraged.

11.1.3. If a tenderer finds or reasonably believes it has found any discrepancy,

ambiguity, error or inconsistency in this bid or any other information provided

by Dawid Kruiper Municipality (other than minor clerical matters), the tenderer

must promptly notify Dawid Kruiper Municipality in writing of such

discrepancy, ambiguity, error or inconsistency to afford the Municipality

an opportunity to consider what corrective action is necessary (if any).

11.1.4. Any actual discrepancy, ambiguity, error or inconsistency in this bid or any

other information provided by Dawid Kruiper Municipality will, if possible, be

corrected and provided to all tenderers without attribution to the tenderer who

provided the written notice.

11.1.5. All communication between a tenderer and the Dawid Kruiper’s SCM office

must be done in writing as per the Contact Details below.

11.1.6. No representations made by or on behalf of Dawid Kruiper Municipality in

relation to this bid will be binding on Dawid Kruiper Municipality unless that

representation is expressly incorporated into the contract ultimately entered

between Dawid Kruiper Municipality and the successful tenderer or legal

practitioner(s).

11.1.7. All persons obtaining or receiving this bid and any other information in

connection with this bid, or the tendering process must keep the contents of

the bid and other such information confidential, and not disclose or use the

information except as required for the purpose of developing a response to

this bid

12. Conclusion of contract

12.1. The contract between Dawid Kruiper Municipality and the successful bidders

collectively referred to as the Parties shall come into effect after the Legal

Practitioner has been issued with an unconditional letter of acceptance of their bid.

12.2. Once a legal practitioner has been appointed, Dawid Kruiper Municipality may

assign work to that legal practitioner as and when a need arises to represent the

Municipality or conduct work on our behalf.

12.3. The following will form part of the contract documents between the party in as far as

TN035/2026 is concerned:

12.3.1. Bid Documents

12.3.2. Letter of Appointment

12.3.3. Award Letters

12.3.4. Acknowledgement Letter

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13. Security and confidentiality information

13.1. Attorneys shall regard all information, which he / she obtains or are entrusted with

concerning the participating department or its members whilst executing the

contract, as confidential, secret, or top secret.

13.2. The legal practitioners, his / her employees, sub-contractors, or agents may not

make any such information obtained or entrusted to any other person or to the

media.

13.3. PROMOTION OF ACCESS TO INFORMATION ACT, ACT as

amended, and (POPI Act)

13.3.1. The Service Provider will be required to comply with the requirements of the

Promotion of Access to Information Act .

13.3.2. In terms of the Promotion of Access to Information Act , the

Municipality is obliged and compelled to provide certain information to the

public.

13.3.3. The extent where to the Service Provider will be obliged to supply or refuse

the supply of information in terms of the Act, will be determined in

consultation with the Municipality.

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Dawid kruiper municipality

Section “c"

To: The Municipal Manager

Private Bag X6003

Upington

8800

Sir

In response to the official notice calling for the supply and delivery of the services listed I/we,

the undersigned, carrying on a business under the name of:

____________________________________

____________________________________

Address: ____________________________________

____________________________________

____________________________________

____________________________________

Tel nr: _____________________

do hereby quote to supply the services in accordance with the General Conditions of Quotation

and the Specifications attached hereto except in so far as amended in our accompanying

covering letter, at the prices given and to deliver those services within the stated delivery

period measured from the date of the Council's letter of acceptance of my/our quotation.

Quotation prices are included in Section "D" hereof.

The undersigned agrees, that in terms of these documents this Quotation shall remain open

for acceptance for a period of 120 (one hundred and twenty) ) days from the date on which

quotations are returnable and that notification of acceptance by the Municipal Manager shall

constitute a binding contract with effect from the date of such notification.

Bid price (all taxes included):.

Signed at ____ on this __ day of _______________ 2026

Signed by, or on behalf of the bidder, in the presence of the undersigned witnesses.

Witnesses:

1.

2. _

• ---------------------------------

Signature of bidder

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