Supply and delivery of pole-mounted n-series three-phase reclosers with advc controller – umsobomvu local municipality (bid UMS/TS/ELEC/09/2026)

{"closingDate":"21 SEPTEMBER 2026","closingTime":"12:00","briefingSession":"{"date":"21 September 2026","time":"12:00","venue":"E AND TIME","is_compulsory":true}"}

No briefing session is scheduled for this tender (NA).

{"name":"Mr. S Bhuka","email":"[email protected]","phone":"086 403 4554","department":"SUPPLY CHAIN MANAGEMENT","address":"OF BIDDER: ..............................................................................................."}

a) In the event of Non- or Poor Performance of Service Providers/Suppliers, it will be

dealt with in terms of SCM Policy.

b) Penalties services/items will be done will be dealt with in terms of section 22 of the

General Conditions of Contract as stated below. Also refer to paragraph 1.1.2,

Section 1.2: Conditions and Information.

“22. Penalties

22.1 Subject to GCC clause 25, if the supplier fails to deliver any or all of the goods

or to perform the services within the period(s) specified in the contract, the

purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the

delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to GCC clause

23.”

c) A preferred and alternative bidder may be appointed depending on the

responsiveness of bidders.

d) The successful bidder (preferred bidder) must confirm, in writing, within 24 hours

after receipt of the order, that the required quantity per order can be delivered.

Failure to respond or to make alternative arrangements with the relevant municipal

official will result in cancellation of the order and the first alternative bidder will be

used.

e) The first alternative bidder must confirm, in writing, within 24 hours after receipt of the

order, that the required quantity per order can be delivered. Failure to respond or to

make alternative arrangements with the relevant municipal official will result in

cancellation of the order and it will be deemed that the items cannot be delivered,

and then three (3) quotations and/or other relevant procurement process will be

followed.

f) Payment of services/items will be done will be dealt with in terms of section 16 of the

General Conditions of Contract as stated below:

“16. Payment

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16.1 The method and conditions of payment to be made to the supplier under this

contract shall be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of

the delivery note and upon fulfilment of other obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty

(30) days after submission of an invoice or claim by the supplier.”

16.4 Payment will be made in Rand unless otherwise stipulated.”

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Section 2.1 Pricing schedule

1. The document must be completed in non-erasable black ink.

2. NO correction fluid/tape may be used.

3. In the event of a mistake having been made, it shall be crossed out in ink and

accompanied by an initial at each and every alteration.

4. The bidder must indicate whether he/she/the entity is a registered VAT

Vendor or not.

5. In the case of the bidder not being a registered VAT Vendor, both columns

(amount/rate excluding AND including VAT) must reflect the same amount.

Indicate with an “x”

Are you/ Is the firm a YES NO

registered VAT

Vendor?

If “YES”, please provide VAT Number

I / We

(full name of Bidder) the undersigned in my capacity as

of the firm

Hereby offer to Umsobomvu Local Municipality to render the services as

described, in accordance with the specification and conditions of contract to

the entire satisfaction of the Umsobomvu Local Municipality and subject to

the conditions of tender, for the amounts indicated hereunder:

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Note: only firm prices will be accepted. Non-firm prices (including

Prices subject to rates of exchange variations) will not be

Considered

Item description quantity rate amount

1. Pole mounted n-series three 1

phase reclosure with ADVC

controller

2. To install & commission the pole 1

mounted n-series three phase

reclosure with ADVC controller/

breaker with the new protection

settings

NB: Please note that the person who apply for this tender must be in a position to be able to

commission the N-Series Three Phase breaker with the new protection settings. The Client must be

the person who understand protection.

Sub-total

Vat@15%

Total

Bidder must submit a formal price written quotation on their company letterhead together with

their formal quotation document.

The municipality requires one (1) service providers that meets the specification. No additional

fees other than those included in the table above will be allowed

ULM reserves the right to award the quotation in full or part thereof

Quotations must be signed or annexed with a company stamp

Section 3.1 Invitation to bid mbd 1

Part a invitation to bid

You are hereby invited to bid for requirements of the (umsobomvu local municipality)

Bid number: UMS/TS/ELEC/09/2026 closing date: 21/09/2026 closing time: 12h00

Supply and delivery of pole mounted n-series three phase reclosure

With advc controller

Compulsory documents: Tax Clearance Status Pin or Certificate; municipal account not older than 3 months (or tribal authority letter/lease agreement); certified ID copies of directors; CIPC documents; completed declaration of interest forms (MBD); signed general conditions of contract; local content documents when applicable; CSD registration proof; for JV/Consortium, agreement and individual tax clearances.

Bidders must be registered on the Central Supplier Database (CSD) and submit a valid CSD registration report. A valid SARS Tax Compliance Status Pin or Tax Compliance Certificate must accompany the bid. Bidders must not be in arrears with any municipality for municipal rates, taxes, or charges for more than 3 months, and must submit a municipal account or lease agreement or tribal authority letter as proof. Bidders must not be persons in the service of government (national, provincial, local, or SOCs). Bidders must submit certified ID copies of directors, CIPC registration documents, and B-BBEE certificate or sworn affidavit. Bidders must submit a certificate confirming no undisputed municipal service payments overdue more than 90 days. Bidders must complete and sign the required MBD forms: MBD1 (Bid Requirements), MBD4 (Declaration of Interest), MBD6.1 (Preference Points Claim), MBD8 (Declaration of Past SCM Practices), and MBD9 (Certificate of Independent Bid Determination). Bidders must also sign the General Conditions of Contract and the Authority of Signatory form. Bids submitted by persons in the service of government will not be considered. Bids must be submitted in black ink, complete, and with no unauthorised alterations.

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)

21 A Church Street

Colesberg

9795

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:

B-bbee status level verification b-bbee status

Yes YesCERTIFICATE LEVEL SWORN

[Tick applicable box] affidavit

No No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED

ARE YOU THE ACCREDITED Yes ARE YOU A FOREIGN BASED Yes No

REPRESENTATIVE IN SOUTH AFRICA No SUPPLIER FOR THE GOODS

For the goods /services /works /services /works offered? [If yes, answer part b:3

Offered? [If yes enclose ]

Proof]

Total number of items offered total bid price r

Signature of bidder ........................... Date

Capacity under which this bid is signed

Bidding procedure enquiries may be directed to: technical information may be directed to:

CONTACT PERSON N. Dyantyi CONTACT PERSON S Bhuka

Telephone number 051 753 0040 telephone number 051 753 0040

Facsimile number 051 753 0574 facsimile number

nasiphi@umsobomv

E-MAIL ADDRESS E-MAIL ADDRESS [email protected] umun.co.za

Part b

Terms and conditions for bidding

1. 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, 2022, the general conditions of contract (gcc) and, if applicable, any

Other special conditions of contract.

2. 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.

3. 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.

Signature of bidder:.............................................................................................................

Capacity under which this bid is signed:...............................................................................

Date:........................................................................................................................................

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Mbd 4

Section 4.1 Mbd4: declaration of interest

Declaration of interest

1. No bid will be accepted from persons in the service of the state*.
2. 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 the 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 / her representative:

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

3.2 Identity number: .................................................................................

3.3 Position occupied in the Company (director, trustee, shareholder2):

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

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 (where applicable) 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 the following particulars:

Name of person / director / trustee / shareholder member:

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

Name of state institution at which you or the person connected to the bidder is

employed:

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

Position occupied in the state institution:

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

Any other particulars: ..........................................................

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

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3.9 Have you been in the service of the state for the past twelve months? YES / NO

3.9.1 If so, furnish particulars.

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

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

3.10 Do you have any relationship (family, friend, other) with persons in the service of YES / NO

the state and who may be involved with the evaluation and or adjudication of this

bid?

3.10.1 If yes, furnish the following particulars:

Name of person: ................................................................

Name of state institution at which you or the person connected to the bidder is

employed:

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

Position occupied in the state institution:

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

Any other particulars: ..........................................................

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

3.11 Are you aware of any relationship (family, friend, other) between the bidder and any YES / NO

person 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 the following particulars:

Name of person: ................................................................

Name of state institution at which you or the person connected to the bidder is

employed:

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

Position occupied in the state institution: .................................

Any other particulars: ..........................................................

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

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3.12 Are any of the company’s directors, managers, principal shareholders or YES / NO

stakeholders in the service of the state?

3.12.1 If yes, furnish the following particulars:

Name of person / director / trustee / shareholder / member:

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

Name of state institution at which you or the person connected to the bidder is

employed:

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

Position occupied in the state institution: .................................

Any other particulars: ..........................................................

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

3.13 Is any spouse, child or parent of the company’s directors, trustees, managers, YES / NO

principle shareholders or stakeholders in the service of the state?

If yes, furnish the following particulars:

3.13.1

Name of person / director / trustee / shareholder / member:

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

Name of state institution at which you or the person connected to the bidder is

employed:

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

Position occupied in the state institution: .................................

Any other particulars: ..........................................................

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

3.14 Do you or any of the directors, trustees, managers, principle shareholders, or YES / NO

stakeholders of this company have any interest in any other related companies

or business whether or not they are bidding for this contract?

If yes, furnish particulars:

3.14.1

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

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

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4. Full details of directors / trustees / members / shareholders:

The following information is compulsory to complete:

Full Name Identity Number Individual Tax State Employee

Number for each Number (where

Director applicable)

5. The contract will be automatically cancelled if there is a conflict of interest which is not

disclosed by the bidder.

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

Signature Date

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

Capacity Name of Bidder

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 Provinces;

(b) a member of the board of directors of any municipal entity;

(c) an official or any Municipality or municipal entity;

(d) 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. );

(e) a member of the accounting authority of any national or provincial entity; or

(f) 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 exercise control over the company.

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Mbd6.1

Section 4.2 Mbd6.1: Preference points claim form in terms of the

Preferential procurement regulations, 2022.

This preference form must form part of all tenders invited. It contains general

information and serves as a claim form for preference points for specific goals.

Nb: before completing this form, tenderers must study the

General conditions, definitions and directives applicable in

Respect of the tender and preferential

Procurement regulations, 2022

1. General conditions

1.1 The following preference point systems are applicable to invitations to tender:

• the 80/20 system for requirements with a Rand value of up to R50 000 000

(all applicable taxes included); and

• the 90/10 system for requirements with a Rand value above R50 000 000

(all applicable taxes included).

1.2 To be completed by the organ of state

a) Either the 90/10 or 80/20 preference point system will be applicable in this

tender. The lowest/ highest acceptable tender will be used to determine the

accurate system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts)

shall be awarded for:

a) Price; and

b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points points

Price 80 90

Specific goals 20 10

Total points 100 100

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The successful bidder must be able to install and commission the pole mounted N-series three phase reclosure with ADVC controller/breaker with new protection settings. The person applying must be able to commission the breaker with new protection settings and understand protection.

Goods must conform to standards in the bidding documents and specifications. Product must be SABS approved. Inspections, tests and analyses may be conducted; costs borne by supplier if non-compliant.

Pricing schedule includes: 1. Pole mounted n-series three phase reclosure with ADVC controller; 2. Installation and commissioning of the pole mounted n-series three phase reclosure with ADVC controller/breaker with new protection settings. Prices must be firm and inclusive of VAT. No additional fees other than those included in the table will be allowed.

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

If the certificate was issued by registered auditors approved by IRBA Clearly identify the B-BBEE approved registered auditor by the auditor’s individual registration number with IRBA and the auditor’s logo, clearly record an approved B-BBEE Verification Certificate identification reference in the format required by the SASAE, reflect relevant information regarding the identity and location of the measured entity, identify the Codes of Good Practice or relevant Sector Codes applied in the determination of the scores, record the weighting points (scores) attained by the measured entity for each scorecard element, where applicable, and the measured entity’s overall B-BBEE Status Level of Contribution, reflect that the B-BBEE Verification Certificate and accompanying assurance report issued to the measured entity is valid for 12 months from the date of issuance and reflect both the issuance and expiry date, and the B-BBEE Status Level of Contribution obtained by the bidder and must be an certified copy of the original.

Negotiations Should the tender prices be higher than the available funds of the client, the client reserves the right to negotiate with the successful bidder to limit the work in accordance with the tender specifications in order not to exceed the available budget.

SABS Approved Product must be SABS approved.

In the case of a Trust, Consortium or Joint venture the following will apply

The Trust, Consortium or Joint venture agreement must be submitted as part of the bid documents; ii) No amendments to Trust, Consortium or Joint venture agreement may be made without the prior approval of the Municipality; if not accepted by the Municipality and the Trust, Consortium or Joint venture continue without approval the Trust, Consortium or Joint venture contract can be cancelled as if poor performance had taken place; 6 | P a g e iii) The Trust, Consortium or Joint venture will only qualify for points for their HDI as a legal entity, provided that the entity submits, together with the submission of the bid, their B-BBEE status level certificate issued in the name of the Trust, Consortium of Joint venture. iv) All members of the Trust, Consortium or Joint venture must submit, with the bid documents

A valid tax clearance certificate or SARS tax pin, individually;

an agreement that clearly provides clarity of Profit and liability sharing; and

a resolution taken by the board of directors of the Consortium or Joint venture and other information that agrees with the Trust, Consortium or Joint venture agreement.

For the evaluation of functionality regarding a Consortium or Joint venture refer to the functionality section. 7 | P a g e

GENERAL CONDITIONS OF CONTRACT NOTES The purpose of this document is to

Draw special attention to certain general conditions applicable to government bids, contracts and orders; and ii. To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government. In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter.

The General Conditions of Contract will form part of all bid documents and may not be amended.

Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail. TABLE OF CLAUSES

Definitions

Application

Use of contract documents and information; inspection

Patent rights

Performance security

Inspections, tests and analysis

Delivery and documents

Transportation

Incidental services

Spare parts

B-BBEE Details: following must be on the face of the

certificate:

SANAS logo, unique BVA number, must be an original certificate or certified copy of the original, the name

and physical location of the bidder, the registration number and, where applicable, the VAT number of the

bidder, the date of issue and date of expiry of the certificate, the certificate number for identification and

reference, the scorecard that was used (for example EME, QSE or Generic), the name and / or logo of the

Verification Agency, the certificate must be signed by the authorized person from the Verification Agency

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

b) If the certificate was issued by registered auditors approved by IRBA

Clearly identify the B-BBEE approved registered auditor by the auditor’s individual registration number with

IRBA and the auditor’s logo, clearly record an approved B-BBEE Verification Certificate identification

reference in the format required by the SASAE, reflect relevant information regarding the identity and location

of the measured entity, identify the Codes of Good Practice or relevant Sector Codes applied in the

determination of the scores, record the weighting points (scores) attained by the measured entity for each

scorecard element, where applicable, and the measured entity’s overall

B-BBEE Status Level of Contribution, reflect that the B-BBEE Verification Certificate and accompanying

assurance report issued to the measured entity is valid for 12 months from the date of issuance and reflect

both the issuance and expiry date, and the B-BBEE Status Level of Contribution obtained by the bidder and

must be an certified copy of the original.

26. Negotiations

Should the tender prices be higher than the available funds of the client,

Specific goals for this tender: 10 points for companies 100% owned by women, 10 points for companies 100% owned by youth, total 20 points. Verification via company registration document and certified ID copy. B-BBEE certificates must meet validity requirements (SANAS/IRBA accredited, original or certified copy, valid 12 months).

c) If a bid is not supported by a Tax Compliance Status Pin and a Tax Compliance Certificate as an

attachment to the bid documents, the Municipality reserves the right to obtain such documents after the

closing date to verify that the bidder’s tax matters are in order. If no such document can be obtained within

a period as specified by the Municipality, the bid will be disqualified.

d) The Tax Compliance Status Pin will be verified by the Municipality on the SARS website.

7.2 Municipal Rates, Taxes and Charges

a) Tenderers are required to submit a municipal account bearing the Tenderers Entity’s name as proof of

payment of municipal services which is not older than 3 month and must not be in arrears for more than 3

months at the tender closure date.

b) In the event of residing at the rural area where services are not rendered a letter from the tribal authority

with affidavit must be submitted.

c) if the property is being leased then the lease agreement must be attached.

d) For Joint Ventures(JV), Tenderers are requested to submit Municipal Statements Account for each

member of the JV and conditions of Lease agreement are stipulated below (d)

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e) Conditions for Lease agreement;

i. In case tenderers lease office space from the landlord via the estate agency, tenderers are

requested to submit the said lease agreement

ii. Lessor’s Company name and must appear on the Lease Agreement.

iii. The Lessee’s Entity name must appear on the Lease Agreement.

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

the attention of UMSOBOMVU LOCAL MUNICIPALITY, it should do so in writing. Any effort by the firm to influence

1. Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in

the contract form signed by the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper

performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the

action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government

and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the

services are supplied. Goods are produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new product results that is substantially

different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into 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 supplies 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

16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
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. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices

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General Conditions of Contract

1. Definitions 1. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in

the contract form signed by the parties, including all attachments and appendices thereto and all

documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper

performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the

action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government

and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the

services are supplied. Goods are produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new product results that is substantially

different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into 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 supplies are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower

prices than that of the country of origin and which have the potential to harm the local industries in the

RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or

negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in

its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight

embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the

execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior

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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 supplies

covered by the bid will be manufactured.

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

that local manufacture does take place.

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

machinery and includes other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

any other incidental services, such as installation, commissioning, provision of technical assistance,

training, catering, gardening, security, maintenance and other such obligations of the supplier covered

under the contract.

1.25 “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, 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 supplies, services or

works.

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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.

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The

Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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

5. Use of contract 5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision

documents and thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the

information; purchaser in connection therewith, to any person other than a person employed by the supplier in the

inspection performance of the contract. Disclosure to any such employed person shall be made in confidence and

shall extend only so far as may be necessary for purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or

information mentioned in GCC clause 5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the

purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance

under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the

supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

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.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to

security 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. an cashier’s or certified cheque.

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7.4 The performance security will be discharged by the purchaser and returned to the provider 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 in SCC.

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

and analyses

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during

production or execution or on completion be subject to inspection, the premises of the bidder or contractor

shall be open, at all reasonable hours, for inspection by a representative of the Department or an

organization acting on behalf of the Department.

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 supplies 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 supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract

requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection

with these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies 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 supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found

not to comply with the requirements of the contract. Such rejected supplies 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 supplies which do comply with the requirements of the contract. Failing such removal

the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the

substitute supplies forthwith, the purchaser may, without giving the provider further opportunity to

substitute the rejected supplies, purchase such supplies 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 23 of GCC.

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 and 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, specified in SCC, and in any subsequent instruction ordered by the purchaser.

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10. Delivery and 10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract.

documents The details of shipping and/or other documents to be furnished by the supplier are specified in SCC.

10.2 Documents to be submitted by the supplier are specified in SCC.

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 in the SCC.

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

13. Incidental 13.1 The provider may be required to provide any or all of the following services, including additional services, if

Services any, specified in SCC:

a. performance or supervision of on-site assembly and/or commissioning of the supplied goods;

b. furnishing of tools required for assembly and/or maintenance of the supplied goods;

c. furnishing of a detailed operations and maintenance manual for each appropriate unit of the

supplied goods;

d. performance or supervision or maintenance and/or repair of the supplied goods, for a period of

time agreed by the parties, provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

e. training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-

up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods,

shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this

election shall not relieve the supplier of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts:

i. Advance notification to the purchaser of the pending termination, in sufficient time to permit the

purchaser to procure needed requirements; and

ii. following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or

current models, and that they incorporate all recent improvements in design and materials unless provided

otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall

have no defect, arising from design, materials, or workmanship (except when the design and/or material is

required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop

under normal use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case

may be, have been delivered to and accepted at the final destination indicated in the contract, or for

eighteen (18) months after the date of shipment from the port or place of loading in the source country,

whichever period concludes earlier, unless specified otherwise in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

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

purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which the purchaser may have against the supplier

under the contract.

16. Payment 16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified in

Scc.

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 in SCC.

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 in

SCC or in the purchaser’s request for bid validity extension, as the case may be.

18. Contract 18.1 No variation in or modification of the terms of the contract shall be made except by written amendment

amendments signed by the parties concerned.

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

supplier’s schedule prescribed by the purchaser in the contract.

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.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national

department, Provincial department or a local authority.

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21.4 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 supplies are required, or the supplier’s services are not readily available.

21.5 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 21.2 without the application of

penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without

cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract and to return any goods delivered

later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim damages from the

supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services

within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies

under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of

the delayed goods or unperformed services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also consider termination of the contract

pursuant to GCC Clause 23.

23.Termination for 23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent

default 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 intended penalty as not objected against and may impose

it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion of the

Accounting Officer / Authority, 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 Accounting Officer / Authority actively associated.

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23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the

National Treasury, with the following information:

i. the name and address of the supplier and / or person restricted by the purchaser;

ii. the date of commencement of the restriction;

iii. the period of restriction; and

iv. the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited

from doing business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and

Combating of Corrupt Activities Act, No , the court may also rule that such person’s name be

endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the

Register, the person will be prohibited from doing business with the public sector for a period not less than

five years and not more than 10 years. The National Treasury is empowered to determine the period of

restriction and each case will be dealt with on its own merits. According to section 32 of the Act the

Register must be open to the public. The Register can be perused on the National Treasury website.

24. Anti-Dumping 24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are

and imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in

countervailing respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed,

duties and rights 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 contractor to the State or the State may deduct such amounts from moneys (if any) which

may otherwise be due to the contractor in regard to supplies or services which he delivered or rendered, or

is to deliver or render in terms of the contract or any other contract or any other amount which may be due

to him.

25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its

performance security, damages, or termination for default if and to the extent that his delay in performance

or other failure to perform his obligations under the contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition

and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to

perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable

alternative means for performance not prevented by the force majeure event.

26. Termination for 26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier

insolvency becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the

supplier, provided that such termination will not prejudice or affect any right of action or remedy which has

accrued or will accrue thereafter to the purchaser.

27. Settlement of 27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in

disputes 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.

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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 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC

27.5 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 provider any monies due the supplier.

28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to

liability Clause 6;

a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest

costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties

and/or damages to the purchaser; and

b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or

otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

29. Governing 29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract

language that is exchanged by the parties shall also be written in English.

30. Applicable law 30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC.

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 provider 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 the department must be in possession of a tax clearance certificate, submitted by the bidder. This

certificate must be an original issued by the South African Revenue Services.

33. National 33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all

Industrial contracts that are subject to the NIP obligation.

Participation

Programme

(Nipp)

34. Prohibition of 34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement between,

restrictive or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties

practices in a horizontal relationship and if a bidder(s) is / are or a contractor(s) was / were involved in collusive

bidding (or bid rigging)

34.2 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 purchase may refer the matter to the

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Competition Commission for investigation and possible imposition of administrative penalties as

contemplated in the Competition Act No. .

34.3 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.

Certification

I, the undersigned (full name) ..............................................................................................

Certify that i have read and understood the general conditions of contract.

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

Signature Date

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

Position Name of Bidder

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SECTION 1 Page NR

1.1 Invitation to quote 2

Section 2

Conditions and informations2. 3-18

2.2 Special conditions 19-20

Specifications 21

2.3 Pricing schedule 22-25

Section 3

3.1 Mbd1: bid requirements of the umobomvu local municipality 26-27

Section 4

4.1 Mbd4: declaration of interest 28-31

Mbd6.1: Prerefence point claim form in terms of the

32-36 preferential procurement regulations, 20224.2

Mbd8: declaration of bidders past supply chain management

37-38

4.3 Practices

4.4 Mbd9: certificate of independent bid determination 39-41

Section 5

• Bidder must submit a quotation on their company letterhead together with their formal

quotation document;

• A valid original Tax Clearance certificate or pin;
• Certified identity document Copy of Company Directors (original stamp not older than 6

months);

• Copy of Company registration/founding statement/CIPC;
• Certified evidence of B-B.B.E.E. contributor status by SANAS, IRBA or SANA accredited

agencies / or sworn affidavit;

• A certificate certifying that the bidder has no undisputed commitments for municipal

services towards a municipality or service provider i.r.o. payments which are overdue

more than 90 days; if the bidder is the lessee a valid lease agreement; or a letter from a

tribal authority if the bidder operates in rural areas;If such a copy does not accompany the

bid document of the successful bidder, the Municipality reserves the right to obtain such

documents after the closing date to verify that their municipal accounts are in order;

• Any bidder which is in arrears with their municipal rates and taxes or municipal charges

due to any Municipality for more than three months and have not made an arrangement

for settlement of same before the bid closure date will be unsuccessful. The

arrangement for settlement for the outstanding amount (which were done before the

closing date of the bid), must also be submitted with the bid document;

• Bids to hold goods for 90 days;

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• Suppliers must be registered on the Central Supplier Database (CSD) and a proof of

valid CSD registration report printout must be submitted;

• Bids submitted by persons in the service of government (national, provincial, local or

SOCs) will not be considered;

• Address and vat number 4700193941 of the municipality must appear on the quote.

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

b) If the certificate was issued by registered auditors approved by IRBA

Clearly identify the B-BBEE approved registered auditor by the auditor’s individual registration number with

IRBA and the auditor’s logo, clearly record an approved B-BBEE Verification Certificate identification

reference in the format required by the SASAE, reflect relevant information regarding the identity and location

of the measured entity, identify the Codes of Good Practice or relevant Sector Codes applied in the

determination of the scores, record the weighting points (scores) attained by the measured entity for each

scorecard element, where applicable, and the measured entity’s overall

i) The Trust, Consortium or Joint venture agreement must be submitted as part of the bid documents;

ii) No amendments to Trust, Consortium or Joint venture agreement may be made without the prior

approval of the Municipality; if not accepted by the Municipality and the Trust, Consortium or Joint venture

continue without approval the Trust, Consortium or Joint venture contract can be cancelled as if poor

performance had taken place;

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iii) The Trust, Consortium or Joint venture will only qualify for points for their HDI as a legal entity, provided

that the entity submits, together with the submission of the bid, their B-BBEE status level certificate

issued in the name of the Trust, Consortium of Joint venture.

iv) All members of the Trust, Consortium or Joint venture must submit, with the bid documents:

a) A valid tax clearance certificate or SARS tax pin, individually;

b) an agreement that clearly provides clarity of Profit and liability sharing; and

c) a resolution taken by the board of directors of the Consortium or Joint venture and other

information that agrees with the Trust, Consortium or Joint venture agreement.

v) For the evaluation of functionality regarding a Consortium or Joint venture refer to the functionality

section.

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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

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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 supplies

covered by the bid will be manufactured.

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

that local manufacture does take place.

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

machinery and includes other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

any other incidental services, such as installation, commissioning, provision of technical assistance,

training, catering, gardening, security, maintenance and other such obligations of the supplier covered

under the contract.

1.25 “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, 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 supplies, services or

works.

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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.

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The

Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

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

5. Use of contract 5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision

documents and thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the

information; purchaser in connection therewith, to any person other than a person employed by the supplier in the

inspection performance of the contract. Disclosure to any such employed person shall be made in confidence and

shall extend only so far as may be necessary for purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or

information mentioned in GCC clause 5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the

purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance

under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the

supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

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.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to

security 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. an cashier’s or certified cheque.

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7.4 The performance security will be discharged by the purchaser and returned to the provider 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 in SCC.

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

and analyses

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during

production or execution or on completion be subject to inspection, the premises of the bidder or contractor

shall be open, at all reasonable hours, for inspection by a representative of the Department or an

organization acting on behalf of the Department.

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 supplies 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 supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract

requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection

with these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Supplies 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 supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found

not to comply with the requirements of the contract. Such rejected supplies 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 supplies which do comply with the requirements of the contract. Failing such removal

the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the

substitute supplies forthwith, the purchaser may, without giving the provider further opportunity to

substitute the rejected supplies, purchase such supplies 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 23 of GCC.

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 and 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, specified in SCC, and in any subsequent instruction ordered by the purchaser.

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10. Delivery and 10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract.

documents The details of shipping and/or other documents to be furnished by the supplier are specified in SCC.

10.2 Documents to be submitted by the supplier are specified in SCC.

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 in the SCC.

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

13. Incidental 13.1 The provider may be required to provide any or all of the following services, including additional services, if

a. performance or supervision of on-site assembly and/or commissioning of the supplied goods;

b. furnishing of tools required for assembly and/or maintenance of the supplied goods;

c. furnishing of a detailed operations and maintenance manual for each appropriate unit of the

supplied goods;

d. performance or supervision or maintenance and/or repair of the supplied goods, for a period of

time agreed by the parties, provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

e. training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-

up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods,

shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other

parties by the supplier for similar services.

14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this

election shall not relieve the supplier of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts:

i. Advance notification to the purchaser of the pending termination, in sufficient time to permit the

purchaser to procure needed requirements; and

ii. following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or

current models, and that they incorporate all recent improvements in design and materials unless provided

otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall

have no defect, arising from design, materials, or workmanship (except when the design and/or material is

required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop

under normal use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case

may be, have been delivered to and accepted at the final destination indicated in the contract, or for

eighteen (18) months after the date of shipment from the port or place of loading in the source country,

whichever period concludes earlier, unless specified otherwise in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

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

purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and

expense and without prejudice to any other rights which the purchaser may have against the supplier

under the contract.

16. Payment 16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified in

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 in SCC.

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 in

SCC or in the purchaser’s request for bid validity extension, as the case may be.

18. Contract 18.1 No variation in or modification of the terms of the contract shall be made except by written amendment

amendments signed by the parties concerned.

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

supplier’s schedule prescribed by the purchaser in the contract.

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.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national

department, Provincial department or a local authority.

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21.4 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 supplies are required, or the supplier’s services are not readily available.

21.5 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 21.2 without the application of

penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without

cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in

substitution of the goods not supplied in conformity with the contract and to return any goods delivered

later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim damages from the

supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services

within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies

under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of

the delayed goods or unperformed services using the current prime interest rate calculated for each day of

the delay until actual delivery or performance. The purchaser may also consider termination of the contract

pursuant to GCC Clause 23.

23.Termination for 23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent

default 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 intended penalty as not objected against and may impose

it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion of the

24. Anti-Dumping 24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are

and imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in

countervailing respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed,

duties and rights 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 contractor to the State or the State may deduct such amounts from moneys (if any) which

may otherwise be due to the contractor in regard to supplies or services which he delivered or rendered, or

is to deliver or render in terms of the contract or any other contract or any other amount which may be due

to him.

25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its

performance security, damages, or termination for default if and to the extent that his delay in performance

or other failure to perform his obligations under the contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition

and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to

perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable

alternative means for performance not prevented by the force majeure event.

26. Termination for 26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier

insolvency becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the

supplier, provided that such termination will not prejudice or affect any right of action or remedy which has

accrued or will accrue thereafter to the purchaser.

27. Settlement of 27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in

disputes 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.

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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 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC

27.5 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 provider any monies due the supplier.

28. Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to

liability Clause 6;

a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest

costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties

and/or damages to the purchaser; and

b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or

otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

29. Governing 29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract

language that is exchanged by the parties shall also be written in English.

30. Applicable law 30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC.

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 provider 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 the department must be in possession of a tax clearance certificate, submitted by the bidder. This

certificate must be an original issued by the South African Revenue Services.

33. National 33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all

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Special conditions

a) In the event of Non- or Poor Performance of Service Providers/Suppliers, it will be

dealt with in terms of SCM Policy.

b) Penalties services/items will be done will be dealt with in terms of section 22 of the

General Conditions of Contract as stated below. Also refer to paragraph 1.1.2,

Section 1.2: Conditions and Information.

“22. Penalties

22.1 Subject to GCC clause 25, if the supplier fails to deliver any or all of the goods

or to perform the services within the period(s) specified in the contract, the

purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the

delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to GCC clause

23.”

c) A preferred and alternative bidder may be appointed depending on the

responsiveness of bidders.

d) The successful bidder (preferred bidder) must confirm, in writing, within 24 hours

after receipt of the order, that the required quantity per order can be delivered.

Special conditions of contract (SCC) will prevail over GCC in case of conflict. The municipality may request signing of an additional Service Level Agreement. The municipality may negotiate with the successful bidder to limit work if prices exceed available budget. The successful bidder must be able to commission the N-Series three phase breaker with new protection settings; the client must understand protection.

Bidders must submit: quotation on company letterhead; valid original Tax Clearance certificate or PIN; certified ID copies of directors (not older than 6 months); company registration/CIPC documents; certified B-BBEE status evidence; certificate confirming no undisputed municipal service arrears over 90 days (or lease agreement or tribal authority letter); proof of CSD registration; bids must hold goods for 90 days; bids from persons in service of government will not be considered; municipality's address and VAT number must appear on quote. Bidders must be registered on the Central Supplier Database. Bidders must quote on all items in the bill of quantity. Product must be SABS approved. For Trust/Consortium/JV, agreement must be submitted, all members must submit tax clearance, profit/liability sharing agreement, and board resolution.

UMSOBOMVU LOCAL MUNICIPALITY in the bid evaluation, bid comparison or contract award decisions may

18. Evaluation of Tenders

Bids will be evaluation in terms of the 80 (price) /20 specific goals point system. Bids will be awarded in accordance

v) For the evaluation of functionality regarding a Consortium or Joint venture refer to the functionality

• Address and vat number 4700193941 of the municipality must appear on the quote.

3. 80/20-point system will be awarded as follows

80 points: Price and

20 points: Specific Goals.

Specific goals for the tender and points claimed as indicated per table below.

Total Specific Goals = 20

highest points. The municipality reserves the right to waive any requirements as contained in the bid conditions

information and serves as a claim form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

• the 80/20 system for requirements with a Rand value of up to R50 000 000
• the 90/10 system for requirements with a Rand value above R50 000 000

a) Either the 90/10 or 80/20 preference point system will be applicable in this

1.3 Points for this tender (even in the case of a tender for income-generating contracts)

b) Specific Goals.

The maximum points for this tender are allocated as follows

Points points

Specific goals 20 10

Total points 100 100

cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in