Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Documents available on tender detail page
Tender Type
Request for Bid(Open-Tender)
Delivery Location
MUTUAL STREET - UPINGTON - UPINGTON - 8801
Organization Type
GOVERNMENT
Published
11 Sept 2026
OCDS Reference
ocds-9t57fa-169823
This tender invites bids for the installation of clear view fencing at the dawid kruiper nursery, approximately 313 metres in length. The work includes concrete holes with a strength of 25 mpa, and a manufacturer's brochure or similar proof of product must be submitted with the bid; failure to do so will render the bid non-responsive. Prices must be valid for at least 120 days from the closing date, be firm, inclusive of VAT, and include delivery, accommodation and travel costs. The bid may be awarded in whole or in part, subject to CIDB regulations, and quantities may be adjusted in line with the available budget. Bidders must complete the official forms (mbd 1, mbd 4, mbd 6.1, Mbd 7.1, Mbd 8 and mbd 9) and submit the original signed document; faxed or emailed bids will not be considered. Tax compliance is required, including a SARS pin or csd number, and foreign suppliers must complete the pre-award questionnaire. The contract is governed by south african law and the gcc, with a limitation of liability capped at the total contract price.
Bidders must submit a manufacturer's brochure or similar proof of product with the tender; failure to do so will result in the tender being deemed non-responsive.
The installation length is 313 metres at DKM Plants Nursery, and concrete holes must have a strength of 25 MPa, with a certificate to be provided.
Prices must be valid for at least 120 days from the bid closing date, be firm, inclusive of VAT, and include delivery, accommodation and travel costs.
Bids must be submitted on the official forms provided (MBD 1, MBD 4, MBD 6.1, MBD 7.1, MBD 8 and MBD 9) and the original signed document must be delivered by the closing date and time; faxed or emailed bids will not be considered.
Bidders must be tax compliant and provide a SARS PIN or CSD number; foreign suppliers must complete the pre-award questionnaire in Part B:3.
The bid may be awarded in whole or in part, subject to CIDB regulations, and quantities may be adjusted in line with the available budget.
Bidders must disclose any kinship with persons in the service of the state and provide the names, identity numbers and state employee numbers of all directors, trustees, shareholders or members.
Continue with tenders sharing this issuer, category, or province.
Return to this tender’s issuing organisation, province, or category.
Continue with tenders sharing this issuer, category, or province.
Date & Time
Friday, 02 October 2026 - 14:00
Venue
null
CIDB 2sq or higher is applicable
Categories
Request for Bid(Open-Tender)
MUTUAL STREET - UPINGTON - UPINGTON - 8801
Tenders in this industry often require registration with these bodies.
Construction Industry Development Board (CIDB) registration is mandatory for almost all public sector construction tenders. Ensure your grading matches the tender value.
Recommended Certifications
Having these can improve your winning chances: NHBRC Registration, ISO 9001:2015 (Quality Management), ISO 14001:2015 (Environmental Management), ISO 45001:2018 (Occupational Health & Safety), SACPCMP Registration, ECSA Registration
AI Document Analysis Stages
Description
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)11 Sept
2026
Tender Published
Tender was published
02 Oct
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
TN041-2026 clear view fence Nursery - final.pdf
Installation of approximately 313 metres of clear view (high security mesh panel) fencing at the Dawid Kruiper Municipality nursery in Upington, Northern Cape, including removal of the existing fence and disposal of materials to municipal stores.
To download these documents and access AI-powered analysis, visit the main tender page.
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Installation of clear view fencing at Dawid Kruiper Nursery, municipal site, approximately 313 m of clear view fence as per specifications.
Important Dates
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown){"closingDate":"02 October 2026","closingTime":"14:00"}
Contact Information
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown){"name":null,"email":null,"phone":null,"department":null,"address":"bidder"}
Submission Guidelines
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)Returnable Documents: reasons as to why a municipal account cannot be submitted and/or a valid Lease, 4.1 The contractor must have a minimum CIDB grading Level 2 SQ / or higher.
Returnable Documents
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)Required forms: MBD 1, MBD 4, MBD 6.1, and other forms as per Council's Supply Chain Management Policy. Proof of tax compliance (TCS certificate or CSD number) must be attached. Sworn Affidavit if not liable for municipal services levies.
Evaluation Criteria
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)Not specified in the provided text.
Technical Specifications
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)This bid is for the appointment of a contractor for the provision of all labour, material,
fittings and equipment for the installation of clear view fencing at the municipal site:
NURSERY at Dawid Kruiper Municipality.
Sealed bids clearly marked “TN041/2026: INSTALLATION OF CLEAR VIEW
FENCING AT DAWID KRUIPER NURSERY ” must be placed in the Municipal tender
Box before or at 14:00 on Friday, 02 October 2026 and will be opened directly
thereafter in the Councillor Chambers at the Municipal Offices.
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 7.1, 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 award.
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 indicating such must be provided.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
These documents must be attached to the bid form. Bids not containing these
documents will be deemed as Non-Responsive
4.1 The contractor must have a minimum CIDB grading Level 2 SQ / or higher.
4.2 Proof (Brochure from manufacturer) must be submitted with the tender.
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 days from bid closing date
5.3. Price(s) quoted must be firm and must be inclusive of VAT.
5.4. All prices must include delivery cost, accommodation and travel cost.
Delivery must be made to:
Dawid Kruiper Municipality
Mutual Street
Upington
Northern Cape
Pricing Schedule
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)Summary of items and bid prices: all prices must be VAT, storage, transport and accommodation inclusive. Prices must be valid for at least 120 days from bid closing date, firm and inclusive of VAT. Total bid amount to be entered in MBD 1 form. Municipality reserves the right to reduce scope of work according to available budget.
Compliance Requirements
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)7.1 Requirements for the clear view fencing for all sites: The fence must be installed using galvanized anti-tamper screws, shear off nuts and bolts. The fence must be fitted with galvanized multi and maxi spikes on top. High Security Panel; High tensile (500mpa+) pre-galvanized wire fence panel. All posts, panels and wires must be heavily galvanized. Each panel contains at least 4 bends on the main wires to ensure rigidity. 7.2 Material for all sites Panel (inclusive of anti-tamper screws) High Security Galvanized Mesh Panel – 2400mm (height) x 2000-3350 mm (width) x maximum of 77mm vertical V-bends Aperture size not to exceed 77mm x 13mm Vertical wire diameter –minimum of 4.00mm Horizontal wire diameter – minimum of 3.00mm TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY Each panel contains at least 4 bends on the main wires to ensure rigidity. Posts (with clamps) Square /I Beam Post – minimum of 70mm x 44mm x 2mm x 3000mm Square post shall be sealed with a cap. 7.3 Labour: ALL labour for erecting the fences Holes (posts foundations) for all sites Post foundations 600mm (depth) x 400mm (length) x 400mm (width) Concrete strength (holes) 25 MPA (Certificate to be provided). 7.4 Installation (length per site) DKM Plants Nursery - 313 Meters 7.4.1 Proof (Brochure from manufacturer) must be submitted with the tender. If proof is not submitted the tender will be deemed as Non-Responsive. 7.4.2 The Bid may be awarded in (part or as a whole). Provided that the CIDB regulation are met. The fencing meters may be reduced according to the available budget. 7.4.3 Self-responsible for safekeeping and transport of all material. 7.4.4 Old existing fence at nursery. The existing fence must be removed and taken to Municipal stores +- 2 km from the site. 7.5 Contractor to be on site 14 days after appointment letter and order is issued. 7.6 The contractor will remain responsible for any defects occurring during the first year after installation (Construction defects). 7.7 Tender Submission Requirement A manufacturer’s brochure or similar proof of product must be submitted with the tender. Failure to submit this proof will result in the tender being deemed non- responsive. 7.8 Award Conditions The bid may be awarded in whole or in part, subject to CIDB regulations. Quantities may be adjusted in line with the available budget. TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY 7.9 Responsibility The contractor is fully responsible for the transportation and safekeeping of all materials delivered to site. 7.10. Construction period not to exceed a period of 2 months. TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY 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): R__________________ Amount in words: ________________________________________________________________ SIGNED AT ON THIS DAY OF _______________ 2026. Signed by, or on behalf of the bidder, in the presence of the undersigned witnesses. WITNESSES
SIGNATURE OF BIDDER TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY DAWID KRUIPER MUNICIPALITY SECTION “D” SUMMARY OF ITEMS AND BID PRICES All prices quoted must be VAT, storage, transport and accommodation inclusive. ITEM DESCRIPTIONS QUANTITY UNIT PRICE / METER TOTAL PRICE REMOVAL OF CURRENT FENCING, SUPPLY AND INSTALLATION OF 2.4 m CLEAR VIEW FENCE AS PER SPECIFICATIONS 313 m 15% VAT TOTAL Note : The Municipality reserves the right to reduce the scope of the work according the budget. NB : Completion of this page is compulsory and the total must be entered as the bid price in the MBD 1 form below and section C above. Signature of Bidder .................................... Witnesses: 1................................... 2................................... TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY DAWID KRUIPER MUNICIPALITY SECTION “E” FORMS TO BE COMPLETED TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY MBD,1 PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE DAWID KRUIPER MUNICIPALITY BID NUMBER: TN041/2026 CLOSING DATE: Friday, 02 October 2026 CLOSING TIME: 14H00 DESCRIPTION INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7). BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS DAWID KRUIPER MUNICIPALITY CIVIC CENTRE MUTUAL STREET UPINGTON 8800 SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER CODE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER TAX COMPLIANCE STATUS TCS PIN: OR CSD No: TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY ARE YOU THE Yes ACCREDITED Yes No No REPRESENTATIVE IN ARE YOU A FOREIGN BASED SUPPLIER SOUTH AFRICA FOR FOR THE GOODS /SERVICES OFFERED? [IF YES ENCLOSE [IF YES, ANSWER THE GOODS /SERVICES PROOF] PART B:3 ] OFFERED? TOTAL NUMBER OF R ITEMS OFFERED TOTAL BID PRICE SIGNATURE OF .................................... BIDDER DATE CAPACITY UNDER WHICH THIS BID IS SIGNED BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO: DEPARTMENT Supply Chain Management CONTACT PERSON NCALO SISA TELEPHONE CONTACT PERSON Mary Marabi NUMBER 0773633578 TELEPHONE NUMBER 054-338-7436 E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected] TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY PART B TERMS AND CONDITIONS FOR BIDDING
Bid submission: 1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for consideration. 1.2. All bids must be submitted on the official forms provided (not to be re-typed) or online 1.3. This bid is subject to the preferential procurement policy framework act and the preferential procurement regulations the general conditions of contract (gcc) and, if applicable, any other special conditions of contract.
Tax compliance requirements 2.1 Bidders must ensure compliance with their tax obligations. 2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS to enable the organ of state to view the taxpayer’s profile and tax status. 2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e- filing. In order to use this provision, taxpayers will need to register with SARS as e- filers through the website www.SARS.GOV.ZA. 2.4 Foreign suppliers must complete the pre-award questionnaire in part b:3. 2.5 Bidders may also submit a printed tcs certificate together with the bid. 2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party must submit a separate tcs certificate / pin / csd number. 2.7 Where NO tcs is available but the bidder is registered on the central supplier database (csd), a csd number must be provided.
Questionnaire to bidding foreign suppliers 3.1. Is the entity a resident of the republic of south africa (RSA)? yes NO 3.2. Does the entity have a branch in the RSA? yes NO 3.3. Does the entity have a permanent establishment in the RSA? yes NO 3.4. Does the entity have any source of income in the RSA? yes NO 3.5. Is the entity liable in the RSA for any form of taxation? Yes NO if the answer is “NO” to all of the above, then IT is not a requirement to register for a tax compliance status system pin code from the south african revenue service (SARS) and if not register as per 2.3 Above. Nb: failure to provide any of the above particulars may render the bid invalid. NO bids will be considered from persons in the service of the state. Signature of bidder: ................................................... Capacity under which this bid is signed: ................................................... Date: ............... TN041/2026: installation of a clear view fencing at dawid kruiper nursery mbd 4 declaration of interest
No bid will be accepted from persons in the service of the state1.
Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority. 3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 3.1 Full Name of bidder or his or her representative:...................................................................... 3.2 Identity Number: ............................................................................................................... 3.3 Position occupied in the Company (director, trustee, hareholder2): .............................................. 3.4 Company Registration Number: ........................................................................................... 3.5 Tax Reference Number: ..................................................................................................... 3.6 VAT Registration Number: ................................................................................................ 3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below. 3.8 Are you presently in the service of the state? YES / NO 3.8.1 If yes, furnish particulars. .................................................................................................................................... ..................................................................................................................................... _______________________________________________________________________________ 1MSCM Regulations: “in the service of the state” means to be – (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provina member of the board of directors of any municipal entity; (b) an official of any municipality or municipal entity; (c) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.); (d) a member of the accounting authority of any national or provincial public entity; or (e) an employee of Parliament or a provincial legislature. 2 Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company. TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY MBD 4 3.9 Have you been in the service of the state for the past twelve months? YES / NO 3.9.1 If yes, furnish particulars ................................................................................................................................ ................................................................................................................................ 3.10 Do you have any relationship (family, friend, other) with persons in the YES / NO service of the state and who may be involved with the evaluation and or adjudication of this bid? 3.10.1 If yes, furnish particulars. ........................................................................................................................... ........................................................................................................................... 3.11 Are you, aware of any relationship (family, friend, other) between any other YES / NO bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? 3.11.1 If yes, furnish particulars ......................................................................................................................... ......................................................................................................................................... 3.12 Are any of the company’s directors, trustees, managers, principle YES / NO shareholders or stakeholders in service of the state? 3.12.1 If yes, furnish particulars. ...................................................................................................................... ...................................................................................................................... 3.13 Are any spouse, child or parent of the company’s director’s trustees, YES / NO managers, principle shareholders or stakeholders in service of the state? 3.13.1 If yes, furnish particulars. ..................................................................................................................... ..................................................................................................................... TN041/2026: INSTALLATION OF A CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY
B-BBEE Minimum Level: 2
Health & Safety
Source: TN041-2026 clear view fence Nursery - final.pdflonger 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
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
is to deliver or render in terms of the contract or any other
contract or any other amount which may be due to him.
Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the
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.
Dawid Kruiper: Republic of South Africa
Government procurement: general conditions of contract
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.
contracts sublet a contract or part thereof without the written permission
of the purchaser
contracts conditions, stipulations or provisions thereof shall be valid and
of any force unless such agreement to amend or vary is
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
entered into in writing and signed by the contracting parties.
7.1 Requirements for the clear view fencing for all sites:
The fence must be installed using galvanized anti-tamper screws, shear off nuts and
bolts.
The fence must be fitted with galvanized multi and maxi spikes on top.
High Security Panel; High tensile (500mpa+) pre-galvanized wire fence panel.
All posts, panels and wires must be heavily galvanized.
Each panel contains at least 4 bends on the main wires to ensure rigidity.
7.2 Material for all sites
Panel (inclusive of anti-tamper screws)
High Security Galvanized Mesh Panel – 2400mm (height) x 2000-3350 mm
(width) x
maximum of 77mm vertical V-bends
Aperture size not to exceed 77mm x 13mm
Vertical wire diameter –minimum of 4.00mm
Horizontal wire diameter – minimum of 3.00mm
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
Each panel contains at least 4 bends on the main wires to ensure rigidity.
Posts (with clamps)
Square /I Beam Post – minimum of 70mm x 44mm x 2mm x 3000mm
Square post shall be sealed with a cap.
7.3 Labour:
ALL labour for erecting the fences
Holes (posts foundations) for all sites
Post foundations 600mm (depth) x 400mm (length) x 400mm (width)
Concrete strength (holes) 25 MPA (Certificate to be provided).
7.4 Installation (length per site)
DKM Plants Nursery - 313 Meters
7.4.1 Proof (Brochure from manufacturer) must be submitted with the tender. If proof is not
submitted the tender will be deemed as Non-Responsive.
7.4.2 The Bid may be awarded in (part or as a whole). Provided that the CIDB regulation are
met. The fencing meters may be reduced according to the available budget.
7.4.3 Self-responsible for safekeeping and transport of all material.
7.4.4 Old existing fence at nursery. The existing fence must be removed and taken to
Municipal stores +- 2 km from the site.
7.5 Contractor to be on site 14 days after appointment letter and order is issued.
7.6 The contractor will remain responsible for any defects occurring during the first year
after installation (Construction defects).
7.7 Tender Submission Requirement
A manufacturer’s brochure or similar proof of product must be submitted
with the tender.
Failure to submit this proof will result in the tender being deemed non-
responsive.
7.8 Award Conditions
The bid may be awarded in whole or in part, subject to CIDB regulations.
Quantities may be adjusted in line with the available budget.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
7.9 Responsibility
The contractor is fully responsible for the transportation and safekeeping of all
materials delivered to site.
7.10. Construction period not to exceed a period of 2 months.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
Contractual Terms
Source: TN041-2026 clear view fence Nursery - final.pdfTN041/2026: installation of a clear view fencing at dawid kruiper nursery
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
General Conditions of Contract
1.1 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids.
1.2 “Contract” means the written agreement entered into between
the purchaser and the supplier, as recorded in the contract
form signed by the parties, including all attachments and
appendices thereto and all documents incorporated by
reference therein.
1.3 “Contract price” means the price payable to the supplier under
the contract for the full and proper performance of his
contractual obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or
soliciting of anything of value to influence the action of a public
official in the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an
enterprise abroad is subsidized by its government and
encouraged to market its products internationally.
1.6 “Country of origin” means the place where the goods were
mined, grown or produced or from which the services are
supplied. Goods are produced when, through manufacturing,
processing or substantial and major assembly of components,
a commercially recognized new product results that is
substantially different in basic characteristics or in purpose or
utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the
contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from
stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered
and unloaded in the specified store or depot or on the specified
site in compliance with the conditions of the contract or order,
the supplier bearing all risks and charges involved until the
goods are so delivered and a valid receipt is obtained.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
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.
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.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
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.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
1.24 “Services” means those functional services ancillary to the
supply of the goods, such as transportation and any other
incidental services, such as installation, commissioning,
provision of technical assistance, training, catering, gardening,
security, maintenance and other such obligations of the
supplier covered under the contract.
1.25 “Supplier” means the successful bidder who is awarded the
contract to maintain and administer the required and specified
service(s) to the State.
1.26 “Tort” means in breach of contract.
1.27 “Turnkey” means a procurement process where one service
provider assumes total responsibility for all aspects of the
project and delivers the full end product / service required by
the contract.
1.28 “Written” or “in writing” means hand-written in ink or any form
of electronic or mechanical writing.
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.
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purchaser shall not be liable for any expense incurred in the
preparation and submission of a bid. Where applicable a non-
refundable fee for documents may be charged.
3.2 Invitations to bid are usually published in locally distributed
news media and on Dawid Kruiper municipality's website.
in the bidding documents and specifications.
documents and consent, disclose the contract, or any provision thereof, or any
information specification, plan, drawing, pattern, sample, or information
furnished by or on behalf of the purchaser in connection inspection
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.
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.
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security award, the successful bidder shall furnish to the purchaser the
performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to
the purchaser as compensation for any loss resulting from the
supplier’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the
currency of the contract, or in a freely convertible currency
acceptable to the purchaser and shall be in one of the following
forms:
(a) a bank guarantee or an irrevocable letter of credit
issued by a reputable bank located in the purchaser’s
country or abroad, acceptable to the purchaser, in the
form provided in the bidding documents or another
form acceptable to the purchaser; or
(b) a cashier’s or certified cheque.
7.4 The performance security will be discharged by the purchaser
and returned to the supplier not later than thirty (30) days
following the date of completion of the supplier’s performance
obligations under the contract, including any warranty
obligations, unless otherwise specified.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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.
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8.5 Where the goods or services referred to in clauses 8.2 and 8.3
do not comply with the contract requirements, irrespective of
whether such goods or services are accepted or not, the cost
in connection with these inspections, tests or analyses shall be
defrayed by the supplier.
8.6 Goods and services which are referred to in clauses 8.2 and
8.3 and which do not comply with the contract requirements
may be rejected.
8.7 Any contract goods may on or after delivery be inspected,
tested or analysed and may be rejected if found not to comply
with the requirements of the contract. Such rejected goods
shall be held at the cost and risk of the supplier who shall, when
called upon, remove them immediately at his own cost and
forthwith substitute them with goods, which do comply with the
requirements of the contract. Failing such removal the rejected
goods shall be returned at the suppliers cost and risk. Should
the supplier fail to provide the substitute goods forthwith, the
purchaser may, without giving the supplier further opportunity
to substitute the rejected goods, purchase such goods as may
be necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right
of the purchaser to cancel the contract on account of a breach
of the conditions thereof, or to act in terms of Clause 22 of
Gcc.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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.
Documents clearance obligations, shall be made by the supplier in
accordance with the terms specified in the contract.
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a freely convertible currency against loss or damage incidental
to manufacture or acquisition, transportation, storage and
delivery in the manner specified.
required, this shall be specified
Services following services, including additional services, if any:
(a) performance or supervision of on-site assembly and/or
commissioning of the supplied goods;
(b) furnishing of tools required for assembly and/or
maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance
manual for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or
repair of the supplied goods, for a period of time
agreed by the parties, provided that this service shall
not relieve the supplier of any warranty obligations
under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s
plant and/or on-site, in assembly, start-up, operation,
maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not
included in the contract price for the goods, shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the supplier for similar services.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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;
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(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
contract are new, unused, of the most recent or current models,
and that they incorporate all recent improvements in design
and materials unless provided otherwise in the contract. The
supplier further warrants that all goods supplied under this
contract shall have no defect, arising from design, materials, or
workmanship (except when the design and/or material is
required by the purchaser’s specifications) or from any act or
omission of the supplier, that may develop under normal use of
the supplied goods in the conditions prevailing in the country of
final destination.
15.2 This warranty shall remain valid for twelve (12) months after
the goods, or any portion thereof as the case may be, have
been delivered to and accepted at the final destination
indicated in the contract, or for eighteen (18) months after the
date of shipment from the port or place of loading in the source
country, whichever period concludes earlier, unless specified
otherwise.
15.3 The purchaser shall promptly notify the supplier in writing of
any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period
specified and with all reasonable speed, repair or replace the
defective goods or parts thereof, without costs to the
purchaser.
15.5 If the supplier, having been notified, fails to remedy the
defect(s) within the period specified, the purchaser may
proceed to take such remedial action as may be necessary, at
the supplier’s risk and expense and without prejudice to any
other rights which the purchaser may have against the supplier
under the contract.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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supplier under this contract shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice
accompanied by a copy of the delivery note and upon fulfilment
of other obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no
case later than thirty (30) days after submission of an invoice
or claim by the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated.
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.
Orders in purchase does not vary more than 15% of the total value of
the original contract, the contractor may be instructed to deliver
the goods or render the services as such. In cases of
measurable quantities, the contractor may be approached to
reduce the unit price, and such offers may be accepted
provided that there is no escalation in price.
to perform under the contract, except with the purchaser’s prior
written consent.
subcontracts awarded under this contracts if not already
specified in the bid. Such notification, in the original bid or later,
shall not relieve the supplier from any liability or obligation
under the contract.
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.
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Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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
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.
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.
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23.5. Any restriction imposed on any person by the purchaser will,
at the discretion of the purchaser, also be applicable to any
other enterprise or any partner, manager, director or other
person who wholly or partly exercises or exercised or may
exercise control over the enterprise of the first-mentioned
person, and with which enterprise or person the first-
mentioned person, is or was in the opinion of the purchaser
actively associated.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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
and or anti-dumping or countervailing duties are imposed, or the
countervailing amount of a provisional payment or anti-dumping or
duties and rights countervailing right is increased in respect of any dumped or
subsidized import, the State is not liable for any amount so
required or imposed, or for the amount of any such increase.
When, after the said date, such a provisional payment is no
longer required or any such anti-dumping or countervailing
right is abolished, or where the amount of such provisional
payment or any such right is reduced, any such favourable
difference shall on demand be paid forthwith by the supplier to
the purchaser or the purchaser may deduct such amounts from
moneys (if any) which may otherwise be due to the supplier in
regard to goods or services which he delivered or rendered, or
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is to deliver or render in terms of the contract or any other
contract or any other amount which may be due to him.
Majeure 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.
Dawid Kruiper: Republic of South Africa
Government procurement: general conditions of contract
for insolvency 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.
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.
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
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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.
Language and other documents pertaining to the contract that is
exchanged by the parties shall also be written in English.
African laws, unless otherwise specified.
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.
Dawid Kruiper: Republic of South Africa
Government procurement: general conditions of contract
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.
contracts sublet a contract or part thereof without the written permission
of the purchaser
contracts conditions, stipulations or provisions thereof shall be valid and
of any force unless such agreement to amend or vary is
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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.
restrictive practices of 1998, 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
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
1.1 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids.
1.2 “Contract” means the written agreement entered into between
the purchaser and the supplier, as recorded in the contract
form signed by the parties, including all attachments and
appendices thereto and all documents incorporated by
reference therein.
1.3 “Contract price” means the price payable to the supplier under
the contract for the full and proper performance of his
contractual obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or
soliciting of anything of value to influence the action of a public
official in the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an
enterprise abroad is subsidized by its government and
encouraged to market its products internationally.
1.6 “Country of origin” means the place where the goods were
mined, grown or produced or from which the services are
supplied. Goods are produced when, through manufacturing,
processing or substantial and major assembly of components,
a commercially recognized new product results that is
substantially different in basic characteristics or in purpose or
utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the
contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from
stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered
and unloaded in the specified store or depot or on the specified
site in compliance with the conditions of the contract or order,
the supplier bearing all risks and charges involved until the
goods are so delivered and a valid receipt is obtained.
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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.
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
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.
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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.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
1.24 “Services” means those functional services ancillary to the
supply of the goods, such as transportation and any other
incidental services, such as installation, commissioning,
provision of technical assistance, training, catering, gardening,
security, maintenance and other such obligations of the
supplier covered under the contract.
1.25 “Supplier” means the successful bidder who is awarded the
contract to maintain and administer the required and specified
service(s) to the State.
1.26 “Tort” means in breach of contract.
1.27 “Turnkey” means a procurement process where one service
provider assumes total responsibility for all aspects of the
project and delivers the full end product / service required by
the contract.
1.28 “Written” or “in writing” means hand-written in ink or any form
of electronic or mechanical writing.
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.
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purchaser shall not be liable for any expense incurred in the
preparation and submission of a bid. Where applicable a non-
refundable fee for documents may be charged.
3.2 Invitations to bid are usually published in locally distributed
news media and on Dawid Kruiper municipality's website.
in the bidding documents and specifications.
documents and consent, disclose the contract, or any provision thereof, or any
information specification, plan, drawing, pattern, sample, or information
furnished by or on behalf of the purchaser in connection inspection
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.
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
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security award, the successful bidder shall furnish to the purchaser the
performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to
the purchaser as compensation for any loss resulting from the
supplier’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the
currency of the contract, or in a freely convertible currency
acceptable to the purchaser and shall be in one of the following
forms:
(a) a bank guarantee or an irrevocable letter of credit
issued by a reputable bank located in the purchaser’s
country or abroad, acceptable to the purchaser, in the
form provided in the bidding documents or another
form acceptable to the purchaser; or
(b) a cashier’s or certified cheque.
7.4 The performance security will be discharged by the purchaser
and returned to the supplier not later than thirty (30) days
following the date of completion of the supplier’s performance
obligations under the contract, including any warranty
obligations, unless otherwise specified.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
8.5 Where the goods or services referred to in clauses 8.2 and 8.3
do not comply with the contract requirements, irrespective of
whether such goods or services are accepted or not, the cost
in connection with these inspections, tests or analyses shall be
defrayed by the supplier.
8.6 Goods and services which are referred to in clauses 8.2 and
8.3 and which do not comply with the contract requirements
may be rejected.
8.7 Any contract goods may on or after delivery be inspected,
tested or analysed and may be rejected if found not to comply
with the requirements of the contract. Such rejected goods
shall be held at the cost and risk of the supplier who shall, when
called upon, remove them immediately at his own cost and
forthwith substitute them with goods, which do comply with the
requirements of the contract. Failing such removal the rejected
goods shall be returned at the suppliers cost and risk. Should
the supplier fail to provide the substitute goods forthwith, the
purchaser may, without giving the supplier further opportunity
to substitute the rejected goods, purchase such goods as may
be necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right
of the purchaser to cancel the contract on account of a breach
of the conditions thereof, or to act in terms of Clause 22 of
accordance with the terms specified in the contract.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
a freely convertible currency against loss or damage incidental
to manufacture or acquisition, transportation, storage and
delivery in the manner specified.
required, this shall be specified
(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
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;
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
(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
contract are new, unused, of the most recent or current models,
and that they incorporate all recent improvements in design
and materials unless provided otherwise in the contract. The
supplier further warrants that all goods supplied under this
contract shall have no defect, arising from design, materials, or
workmanship (except when the design and/or material is
required by the purchaser’s specifications) or from any act or
omission of the supplier, that may develop under normal use of
the supplied goods in the conditions prevailing in the country of
final destination.
15.2 This warranty shall remain valid for twelve (12) months after
the goods, or any portion thereof as the case may be, have
been delivered to and accepted at the final destination
indicated in the contract, or for eighteen (18) months after the
date of shipment from the port or place of loading in the source
country, whichever period concludes earlier, unless specified
otherwise.
15.3 The purchaser shall promptly notify the supplier in writing of
any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period
specified and with all reasonable speed, repair or replace the
defective goods or parts thereof, without costs to the
purchaser.
15.5 If the supplier, having been notified, fails to remedy the
defect(s) within the period specified, the purchaser may
proceed to take such remedial action as may be necessary, at
the supplier’s risk and expense and without prejudice to any
other rights which the purchaser may have against the supplier
under the contract.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
supplier under this contract shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice
accompanied by a copy of the delivery note and upon fulfilment
of other obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no
case later than thirty (30) days after submission of an invoice
or claim by the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated.
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.
Orders in purchase does not vary more than 15% of the total value of
the original contract, the contractor may be instructed to deliver
the goods or render the services as such. In cases of
measurable quantities, the contractor may be approached to
reduce the unit price, and such offers may be accepted
provided that there is no escalation in price.
to perform under the contract, except with the purchaser’s prior
written consent.
subcontracts awarded under this contracts if not already
specified in the bid. Such notification, in the original bid or later,
shall not relieve the supplier from any liability or obligation
under the contract.
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.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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
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.
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.
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
23.5. Any restriction imposed on any person by the purchaser will,
at the discretion of the purchaser, also be applicable to any
other enterprise or any partner, manager, director or other
person who wholly or partly exercises or exercised or may
exercise control over the enterprise of the first-mentioned
person, and with which enterprise or person the first-
mentioned person, is or was in the opinion of the purchaser
actively associated.
Government procurement: general conditions of contract
Dawid Kruiper: Republic of South Africa
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
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.
Dawid Kruiper: Republic of South Africa
Government procurement: general conditions of contract
for insolvency 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.
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.
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
TN041/2026: installation of a clear view fencing at dawid kruiper nursery
or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided
that this exclusion shall not apply to any obligation of
the supplier to pay penalties and/or damages to the
purchaser; and
(b) the aggregate liability of the supplier to the purchaser,
whether under the contract, in tort or otherwise, shall
not exceed the total contract price, provided that this
limitation shall not apply to the cost of repairing or
replacing defective equipment.
Special Conditions
Source: TN041-2026 clear view fence Nursery - final.pdf (unknown)Bids must be sealed, marked 'TN041/2026: INSTALLATION OF CLEAR VIEW FENCING AT DAWID KRUIPER NURSERY', and placed in the municipal tender box. Bids per fax or e-mail will not be considered. Only original signed documents accepted. Required forms include MBD 1, MBD 4, MBD 6.1, and others as per Council's Supply Chain Management Policy. If bidder is not liable for municipal services levies, a Sworn Affidavit must be attached. Proof of tax compliance (TCS certificate or CSD number) must be submitted; failure to submit will render the bid non-responsive. Quantities may be adjusted in line with available budget.
Section
Source: TN041-2026 clear view fence Nursery - final.pdfNo additional evaluation criteria beyond the standard preference point system and mandatory requirements.
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
These rules are linked to the work category, industry, or regulated service area.
Act 38 of 2000
Important for public-sector construction and infrastructure tenders that require contractor grading or construction procurement standards.
Relevant because this tender appears to involve construction, building work, infrastructure, or site-based delivery.
Act 107 of 1998
Relevant where environmental authorisations, EIAs or environmental compliance may apply.
Relevant because this tender appears to involve construction, building work, infrastructure, or site-based delivery.
Act 85 of 1993
Sets health and safety duties for contractors, employers and service providers working on public-sector sites.
Relevant because this tender appears to involve construction, building work, infrastructure, or site-based delivery.
Act 103 of 1977
Relevant where building standards, renovations, maintenance or construction compliance may apply.
Relevant because this tender appears to involve construction, building work, infrastructure, or site-based delivery.
Address
Civic Centre, Mutual St, Upington, 8801, South Africa
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
1
Last checked
12 Sept 2026
AI status
Enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
Contact
+27 54 338 7000[email protected]www.dkm.gov.zaCivic Centre, Mutual St, Upington, 8801, South Africa
Median Estimate
R 1 093 004
Range
Based on 25 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
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