Professional service provider for bulk water supply pipeline development (planning, design and project management) – upington precinct

{"closingDate":"02 October 2026","closingTime":"14:00"}

{"name":null,"email":null,"phone":null,"department":null,"address":"bidder"}

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

The following forms must be completed and returned: Summary of items and bid price, MBD 1, MBD 4, MBD 6.1, MBD 7.2, MBD 8 and MBD 9. Compulsory documentation includes proof of ECSA registration, ISO certification, and professional indemnity insurance.

Functionality evaluation: Compliance to Terms of Reference (weight 5), Previous experience and proof of similar work (weight 20), Extensive experience of key personnel (weight 10); functionality documentation includes ECSA registration certificates, proof of similar projects, and CVs; bids must achieve a minimum functionality score (Fp = So / 375 x 100) or be disqualified; price evaluation after functionality

1. Scope of bid

The contract entails for the APPOINTMENT OF A PROFESSIONAL SERVICE

Provider for the development of the bulk water supply pipelines

For the upington precinct and surrounding areas which include

Planning, design and project management

The Consulting Engineer must provide the following services to the Municipality:

 Planning and design of the project for all stages and additional services.

 Preparing of bid documents, pre-evaluation of bids and risk analysis.

 Management and supervision of the project until completion. This must include

executing the duties of the client as contemplated in the Construction Regulations

of the Occupational Health and Safety Act (Act ).

 As built drawings of the completed project in a format compatible with the

municipal CAD system, format (drw).

The scope of work involves the development of the Upgrading of the raw water pipeline

from the Orange River to the Upington Water Treatment Works and associated schemes.

The project will also address the clean water pumping system at the Water Treatment

Works. Furthermore, the Bulk Water Supply pipeline from the Upington Water Treatment

Works to Central Reservoir. The scope entails;

a) Hydraulic assessments from existing studies completed as baseline, confirming

current and future water demand requirements,

b) Detailed project specific technical reports,

c) Designs for implementation (current available budget and future phases),

d) Procurement documentation (current available budget and future phases),

e) Bid evaluations and

f) Construction supervision (inclusive of all pipelines, applicable valves, bulk

metering, pumping systems).

The scope should also address the overall pressure fluctuations in the total network

supply, network reconfiguration and zones establishment, control valves and data

loggers to improve monitoring, performance and controls.

The Consultant appointment includes the full commissioning of the scheme from the

treatment plant to the Central Reservoir, as required per SANS and Human Settlement

Planning Guidelines.

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

2. Closing date

2.1 Sealed bids clearly marked “TN043/2026: APPOINTMENT OF A PROFESSIONAL

Service provider for the development of the bulk water supply

Pipelines for the upington precinct and surrounding areas -

PLANNING, DESIGN AND PROJECT MANAGEMENT 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. General requirements

3.1. This bid document as a whole, without any alteration (including electronically

completed documents), 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. A copy of the Municipal account not older than 3 months and not in arrears for more

than 90 days, on date of award.

3.7. 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

4 compulsory documentation

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

documents will be deemed as non-responsive. (See Section F)

4.1 Proof of ECSA registration as a professional engineer or a professional

technologist in the Civil Engineering field.

4.2 ISO Quality Management System 9001:2015 or equivalent certification of the

company.

4.3 Professional indemnity insurance:

The employer shall not award a contract to any bidder that does not hold a valid

professional indemnity (PI) insurance providing a minimum cover (R 5 Million) of the

Works executed according to the consultant appointment SCM policy for infrastructure

procurement.

Proof of insurance or confirmation from a reputable Insurance Broker that the bidder is

eligible for the prescribed professional indemnity insurance cover should he/she be

awarded the contract. The cover must be valid for the duration of the contract.

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

5. Bid pricing

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

specifications.

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

bid closing date.

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

d. All prices must include delivery cost.

e. Where applicable, the Contract shall only be adjusted after a formal approval of the

contract adjustment through Bid adjudication, Public Participation (Sec 33 and 116 of

the MFMA) and Council approval.

f. The Municipality will only accept claims for completed stages of the project.

g. The Consultant scope of work is based on the current studies with Master plans and

technical reports and operational data as will be provided to the appointed bidder.

h. Payments and the professional fees will be fixed for the duration of contract to the

approved value of work.

6. Method of delivery and address

Goods and services must be delivered as a whole. Delivery must be made to

Dawid Kruiper Municipality

Mutual Street

Upington

Northern Cape

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

Poor Generic methodology 1

Average Methodology covers only basics of the project 2

Methodology Comprehensive, project aligned with specific

Excellent developmental goals including local economic goals for 5

this development, risk management

8.6 For the purpose of due diligence and/or clarification seeking, the Chairperson of the

BEC or BAC or a member assigned by him/her, may request relevant documentation.

9. Legislative requirements

a. Occupational Health and Safety (Act ).

b. Compliance to CIDB and LIC Requirements for contracts,

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

4 Construction Management NQF 6 - Building a Civil Eng

(Supervision – Level 2)

8.4.4 Methodology

The Methodology describes;

 Full assessment of the Engineering Service Provider to address the critical elements

of the Project and also maintain the professionalism.

 It also provided value added services to address the critical component of the project

with the provided cost of the project.

 The projects will be constructed in the CBD and developed Suburban areas

which must be address in the risk analysis of the project.

TN043/2026: appointment of a professional service provider for the development of the bulk

implementation methodology above. If the consultant does not have any credentials

or relevant supporting evidence, zero points will be awarded for this criterion.

Compliance to Terms of Reference 5 5 25

Previous experience and proof of similar work successfully concluded 20 5 100

Extensive knowledge of legislation and regulations 10 5 50

Level of expertise and qualifications of personnel 20 5 100

Methodology 20 5 100

Total Weight 75 25 So

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

commissioned inclusive of a detailed project list).

 No emails or company profiles will be accepted for points allocation but will only

be used for scope review of projects with reference letters, evaluation forms will

be accepted for point allocation.

capacity details, contactable references. Where projects were completed for private

bodies, it must be accompanied by the proven proof of work and location of projects.

8.4.3 Level of Expertise and Qualification of the Teams required

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

qualifications of personnel and their years’ experience post qualification received in

the relevant field.

similar projects and Qualification required. This will be read in line with the level of

expertise table as the minimum composition of the teams.

field for key personnel on related water services projects only

Amount of experience years of listed personnel – 10

Poor 1

combined years post qualification experience

Amount of experience years of listed personnel - 10 -19

Average 2

combined years post qualification experience

Amount of experience years of listed personnel – 20 - 29

Good 3

combined years post qualification experience

Amount of experience years of listed personnel – 30 - 39

Very Good 4

above combined years post qualification experience

Amount of experience years of listed personnel – 40 and

Excellent 5

above combined years post qualification experience

5. Methodology

Poor Generic methodology 1

Average Methodology covers only basics of the project 2

ISO Quality Management System 9001:2015 or equivalent certification of the company is a compulsory requirement.

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

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.

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

specifications.

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

bid closing date.

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

d. All prices must include delivery cost.

e. Where applicable, the Contract shall only be adjusted after a formal approval of the

contract adjustment through Bid adjudication, Public Participation (Sec 33 and 116 of

the MFMA) and Council approval.

f. The Municipality will only accept claims for completed stages of the project.

g. The Consultant scope of work is based on the current studies with Master plans and

technical reports and operational data as will be provided to the appointed bidder.

h. Payments and the professional fees will be fixed for the duration of contract to the

approved value of work.

The bidder must be:  Registered with the Engineering Council of South Africa (ECSA) as Professional Engineer or Professional Technologist di  Experienced in the planning, design and management of bulk water infrastructure development.  Qualified to execute the duties of the client as contemplated in the Construction Regulations to the Occupational Health and Safety Act (Act ).

Project cost is estimated at R 48 000 000.00 including VAT excluding professional fees.

The bid price must include the following:  Professional fees: The fees must be based on the estimated cost of the project provided. This amount will be used to calculate the points, but fees will be paid according to the ECSA guidelines/rates, based on the actual cost of the project, minus the discount offered.  Administrative, travelling and accommodation cost this cost will be fixed and based on the estimated cost and scope of work.  The cost of a clerk of works for a maximum of one hundred and forty (140) working days.  The cost of executing the duties of the client as contemplated in the Construction Regulations to the Occupational Health and Safety Act (Act ).

The project will be partially funded from the Neighbourhood Development Grant and expected to be completed within 2-financial years, 30 June 2028. TN043/2026: APPOINTMENT OF A PROFESSIONAL SERVICE PROVIDER FOR THE DEVELOPMENT OF THE BULK WATER SUPPLY PIPELINES FOR THE UPINGTON PRECINCT AND SURROUNDING AREAS WHICH INCLUDE PLANNING, DESIGN AND PROJECT MANAGEMENT

B-BBEE Minimum Level: 2

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.

TN043/2026: appointment of a professional service provider for the development of the bulk

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.

5.1 The supplier shall not, without the purchaser’s prior written

performance

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.

TN043/2026: appointment of a professional service provider for the development of the bulk

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 required,

or anti-dumping or countervailing duties are imposed, or the

and amount of a provisional payment or anti-dumping or

countervailing right is increased in respect of any dumped or

countervailing subsidized import, the State is not liable for any amount so

required or imposed, or for the amount of any such increase.

duties and rights When, after the said date, such a provisional payment is no

longer required or any such anti-dumping or countervailing

right is abolished, or where the amount of such provisional

payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the supplier to

the purchaser or the purchaser may deduct such amounts from

moneys (if any) which may otherwise be due to the supplier in

regard to goods or services which he delivered or rendered, or

is to deliver or render in terms of the contract or any other

contract or any other amount which may be due to him.

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

supplier shall not be liable for forfeiture of its performance

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.

TN043/2026: appointment of a professional service provider for the development of the bulk

 Planning and design of the project for all stages and additional services.

 Preparing of bid documents, pre-evaluation of bids and risk analysis.

 Management and supervision of the project until completion. This must include

executing the duties of the client as contemplated in the Construction Regulations

of the Occupational Health and Safety Act (Act ).

 As built drawings of the completed project in a format compatible with the

municipal CAD system, format (drw).

a. Occupational Health and Safety (Act ).

b. Compliance to CIDB and LIC Requirements for contracts,

TN043/2026: appointment of a professional service provider for the development of the bulk

 Experienced in the planning, design and management of bulk water

infrastructure development.

 Qualified to execute the duties of the client as contemplated in the Construction

Regulations to the Occupational Health and Safety Act (Act ).

b. Project cost is estimated at R 48 000 000.00 including VAT excluding professional

fees.

c. The bid price must include the following:

 Professional fees: The fees must be based on the estimated cost of the project

provided. This amount will be used to calculate the points, but fees will be paid

according to the ECSA guidelines/rates, based on the actual cost of the project,

minus the discount offered.

 Administrative, travelling and accommodation cost this cost will be fixed and

based on the estimated cost and scope of work.

 The cost of a clerk of works for a maximum of one hundred and forty (140)

working days.

 The cost of executing the duties of the client as contemplated in the

Construction Regulations to the Occupational Health and Safety Act (Act ).

d. The project will be partially funded from the Neighbourhood Development Grant

and expected to be completed within 2-financial years, 30 June 2028.

TN043/2026: appointment of a professional service provider for the development of the bulk

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

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

Government procurement: general conditions of contract

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.

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

1.8 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from

stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered

and unloaded in the specified store or depot or on the specified

site in compliance with the conditions of the contract or order,

the supplier bearing all risks and charges involved until the

goods are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its

goods on own initiative in the RSA at lower prices than that of

the country of origin and which have the potential to harm the

local industries in the RSA.

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.

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

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.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

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.

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.

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

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.

5.1 The supplier shall not, without the purchaser’s prior written

5. Use of contract consent, disclose the contract, or any provision thereof, or any

documents and specification, plan, drawing, pattern, sample, or information

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.

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.

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

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 contract

award, the successful bidder shall furnish to the purchaser the

security 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

TN043/2026: appointment of a professional service provider for the development of the bulk

Water supply pipelines for the upington precinct and surrounding areas which include

Planning, design and project management

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.

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.

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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

clearance obligations, shall be made by the supplier in

Documents 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

following services, including additional services, if any:

Services

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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

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15. Warranty 15.1 The supplier warrants that the goods supplied under the

contract are new, unused, of the most recent or current models,

and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The

supplier further warrants that all goods supplied under this

contract shall have no defect, arising from design, materials, or

workmanship (except when the design and/or material is

required by the purchaser’s specifications) or from any act or

omission of the supplier, that may develop under normal use of

the supplied goods in the conditions prevailing in the country of

final destination.

15.2 This warranty shall remain valid for twelve (12) months after

the goods, or any portion thereof as the case may be, have

been delivered to and accepted at the final destination

indicated in the contract, or for eighteen (18) months after the

date of shipment from the port or place of loading in the source

country, whichever period concludes earlier, unless specified

otherwise.

15.3 The purchaser shall promptly notify the supplier in writing of

any claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the

purchaser.

15.5 If the supplier, having been notified, fails to remedy the

defect(s) within the period specified, the purchaser may

proceed to take such remedial action as may be necessary, at

the supplier’s risk and expense and without prejudice to any

other rights which the purchaser may have against the supplier

under the contract.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

TN043/2026: appointment of a professional service provider for the development of the bulk

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Planning, design and project management

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 changes

in purchase does not vary more than 15% of the total value of

Orders the original contract, the contractor may be instructed to deliver

the goods or render the services as such. In cases of

measurable quantities, the contractor may be approached to

reduce the unit price, and such offers may be accepted

provided that there is no escalation in price.

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

to perform under the contract, except with the purchaser’s prior

written consent.

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

subcontracts awarded under this contracts if not already

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

shall not relieve the supplier from any liability or obligation

under the contract.

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

made by the supplier in accordance with the time schedule

supplier’s prescribed by the purchaser in the contract.

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performance

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

24. Termination 23.1 The purchaser, without prejudice to any other remedy for

breach of contract, by written notice of default sent to the

for default 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.

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23.4 If a purchaser intends imposing a restriction on a supplier or

any person associated with the supplier, the supplier will be

allowed a time period of not more than fourteen (14) days to

provide reasons why the envisaged restriction should not be

imposed. Should the supplier fail to respond within the

stipulated fourteen (14) days the purchaser may regard the

supplier as having no objection and proceed with the

restriction.

23.5. Any restriction imposed on any person by the purchaser will, at

the discretion of the purchaser, also be applicable to any other

enterprise or any partner, manager, director or other person

who wholly or partly exercises or exercised or may exercise

control over the enterprise of the first-mentioned person, and

with which enterprise or person the first-mentioned person, is

or was in the opinion of the purchaser actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5)

working days of such imposition, furnish the National Treasury,

with the following information:

(i) the name and address of the supplier and / or person.

restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central

database of suppliers or persons prohibited from doing

business with the public sector.

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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 required,

or anti-dumping or countervailing duties are imposed, or the

and amount of a provisional payment or anti-dumping or

countervailing right is increased in respect of any dumped or

countervailing subsidized import, the State is not liable for any amount so

required or imposed, or for the amount of any such increase.

duties and rights When, after the said date, such a provisional payment is no

longer required or any such anti-dumping or countervailing

right is abolished, or where the amount of such provisional

payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the supplier to

the purchaser or the purchaser may deduct such amounts from

moneys (if any) which may otherwise be due to the supplier in

regard to goods or services which he delivered or rendered, or

is to deliver or render in terms of the contract or any other

contract or any other amount which may be due to him.

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

supplier shall not be liable for forfeiture of its performance

Majeure 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.

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26. Termination 26.1 The purchaser may at any time terminate the contract by giving

written notice to the supplier if the supplier becomes bankrupt

for insolvency 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

between the purchaser and the supplier in connection with or

Disputes 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

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

and in the case of infringement pursuant to Clause 6;

Liability

(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

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(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

and other documents pertaining to the contract that is

Language 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.

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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

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. 89

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

TN043/2026: appointment of a professional service provider for the development of the bulk

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Planning, design and project management

Dawid kruiper municipality

1.8 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from

stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered

and unloaded in the specified store or depot or on the specified

site in compliance with the conditions of the contract or order,

the supplier bearing all risks and charges involved until the

goods are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its

goods on own initiative in the RSA at lower prices than that of

the country of origin and which have the potential to harm the

local industries in the RSA.

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.

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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.

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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documents and specification, plan, drawing, pattern, sample, or information

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.

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.

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

award, the successful bidder shall furnish to the purchaser the

security 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

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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

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

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

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

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15. Warranty 15.1 The supplier warrants that the goods supplied under the

contract are new, unused, of the most recent or current models,

and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The

supplier further warrants that all goods supplied under this

contract shall have no defect, arising from design, materials, or

workmanship (except when the design and/or material is

required by the purchaser’s specifications) or from any act or

omission of the supplier, that may develop under normal use of

the supplied goods in the conditions prevailing in the country of

final destination.

15.2 This warranty shall remain valid for twelve (12) months after

the goods, or any portion thereof as the case may be, have

been delivered to and accepted at the final destination

indicated in the contract, or for eighteen (18) months after the

date of shipment from the port or place of loading in the source

country, whichever period concludes earlier, unless specified

otherwise.

15.3 The purchaser shall promptly notify the supplier in writing of

any claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified and with all reasonable speed, repair or replace the

defective goods or parts thereof, without costs to the

purchaser.

15.5 If the supplier, having been notified, fails to remedy the

defect(s) within the period specified, the purchaser may

proceed to take such remedial action as may be necessary, at

the supplier’s risk and expense and without prejudice to any

other rights which the purchaser may have against the supplier

under the contract.

Government procurement: general conditions of contract

Dawid Kruiper: Republic of South Africa

TN043/2026: appointment of a professional service provider for the development of the bulk

the goods or render the services as such. In cases of

measurable quantities, the contractor may be approached to

reduce the unit price, and such offers may be accepted

provided that there is no escalation in price.

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

to perform under the contract, except with the purchaser’s prior

written consent.

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

subcontracts awarded under this contracts if not already

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

shall not relieve the supplier from any liability or obligation

under the contract.

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

made by the supplier in accordance with the time schedule

supplier’s prescribed by the purchaser in the contract.

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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

24. Termination 23.1 The purchaser, without prejudice to any other remedy for

breach of contract, by written notice of default sent to the

for default 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.

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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.

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26. Termination 26.1 The purchaser may at any time terminate the contract by giving

written notice to the supplier if the supplier becomes bankrupt

for insolvency 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

between the purchaser and the supplier in connection with or

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

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

and in the case of infringement pursuant to Clause 6;

(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

and other documents pertaining to the contract that is

documents will be deemed as non-responsive. (See Section F)

4.1 Proof of ECSA registration as a professional engineer or a professional

technologist in the Civil Engineering field.

4.2 ISO Quality Management System 9001:2015 or equivalent certification of the

company.

4.3 Professional indemnity insurance:

professional indemnity (PI) insurance providing a minimum cover (R 5 Million) of the

eligible for the prescribed professional indemnity insurance cover should he/she be

awarded the contract. The cover must be valid for the duration of the contract.

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Bidders must complete and return the required forms (MBD 1, MBD 4, MBD 6.1, MBD 7.2, MBD 8, MBD 9) and the summary of items and bid price. Bids must be submitted by closing date, complete and unaltered. Prices must be valid for at least 120 days, firm, inclusive of VAT, and include delivery costs. Professional fees must be based on the estimated cost of the project and will be fixed for the duration of the contract.

Functionality evaluation criteria: Compliance to Terms of Reference (weight 5), Previous experience and proof of similar work (weight 20), Extensive experience of key personnel (weight 10). Functionality documentation includes ECSA registration certificates, proof of similar projects with client reference letters or completion certificates, and CVs of proposed team. Bids must meet a minimum functionality score (Fp = So / 375 x 100) or be disqualified.