Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Issuing Organization
Winnie Madikizela-Mandela Local MunicipalityLocation
Eastern Cape
Closing Date
28 Aug 2026
Documents available on tender detail page
Tender Type
Request for Bid(Open-Tender)
Delivery Location
Winnie Madikizela mandela - Bizana - Bizana - 4800
Organization Type
GOVERNMENT
Published
12 Aug 2026
OCDS Reference
ocds-9t57fa-165339
The winnie madikizela-mandela local municipality is procuring a service provider to develop a comprehensive relocation and migration plan, including beneficiary verification, socio-economic assessments, site assessments, relocation strategy, and implementation support, for households affected by housing development projects in its jurisdiction. The project must be completed within 6 months of appointment and comply with the national housing code, breaking new ground, the housing act and the pie act. Bidders must score at least 70% on functionality to proceed to the 80/20 preference points evaluation, and the local content threshold is 100%.
Bids must be emailed to [email protected] by 28 August 2026 at 12h00; late, hand-delivered, incomplete or facsimile bids will not be accepted.
Bidders must score a minimum of 70% on functionality to be considered for further evaluation; functionality is weighted 100 points (Methodology 20, Team Expertise 40, Previous Experience 40).
The project leader must be a registered professional planner (SACPLAN) or a GIS/town and regional planner registered with SAGC or SACPLAN (professional, technical and/or administrative).
Bidders must submit reference letters for at least one comparable project (two similar projects score full marks), with reference letters not older than 3 months.
The project must be completed within 6 months from the date of appointment; the proposal must include a clear methodology, company profile, team qualifications and experience, time frame, and budget aligned to tasks.
Bids over R2.3 million will not be considered from bidders who have not registered for VAT or submitted proof of registration before the closing date.
The minimum threshold for local content is 100%; bidders must submit CIPC registration, certified ID copies of directors (not older than 3 months), proof of CSD registration, valid SARS tax PIN, and a signed certification confirming no municipal accounts are overdue by more than 30 days.
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Date & Time
Friday, 28 August 2026 - 12:00
Venue
null
Categories
Request for Bid(Open-Tender)
Winnie Madikizela mandela - Bizana - Bizana - 4800
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AI Document Analysis Stages
Description
Source: Tender Document for Migration and Relocation Plan.pdf12 Aug
2026
Tender Published
Tender was published
28 Aug
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
Tender Document for Migration and Relocation Plan.pdf
The Winnie Madikizela-Mandela Local Municipality is procuring a service provider to develop a comprehensive Relocation and Migration Plan to guide structured, fair, and transparent relocation of households affected by housing development projects, in compliance with the National Housing Act and related policies. The project involves stakeholder engagement, beneficiary verification, socio-economic assessments, site assessments, and the production of a final plan with implementation schedules, budgets, and monitoring frameworks, to be completed within six months.
To download these documents and access AI-powered analysis, visit the main tender page.
Organization
Winnie Madikizela-Mandela Local MunicipalityContact Person
Zama Shange, (Ms)
Phone
082-370-7404
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As part of its legislative mandate; local government is required to develop its communities. The Municipality has identified the need to develop a strategic
document that interns to inform and guide the Winnie Madikizela Mandela Local Municipality in ensuring that relocation is carried out in a structured, fair, and
transparent manner with minimal disruption to beneficiaries.
In terms of Section 9(1) of the National Housing Act 107 0f 1997, it is a prerequisite that every municipality as part of the municipality’s process of integrated
development planning acquire all reasonable and obligatory steps to identify appropriate land for human settlements development and planning, facilitating,
initiating and co-ordinating human settlements development in its area of jurisdiction.
Winnie Madikizela Mandela Local Municipality is a small municipality which is made up of rural areas that are under traditional council with a small area which
can be identified as an urban area, which is Extension 1, Extension 2, Extension 3, and Extension 4. Extension 1 is a CBD and Extension 2 may be regarded
as a mid-class residential area. Extensions 3 and 4 have low cost houses that had been already built but, there are still shacks in Extension 4 (Down Town).
The Municipality in collaboration with the Department of Human Settlements, is implementing housing development projects aimed at addressing housing
backlogs within the municipal jurisdiction. As part of these initiatives, certain households may be required to migrate or be relocated to facilitate development
or to ensure access to adequate housing.
The purpose of these Terms of Reference (ToR) is to appoint a Service Provider that will develop a Relocation and Migration Plan in terms of appropriate
legislation and manage all key milestones.
The Relocation and Migration Plan shall include, but not be limited to, the following:
Detailed scope of work
Phase 1: Inception Phase
Deliverables:
Phase 2. Stakeholder Engagement and Consultation Phase
structures
Deliverables:
Phase 3: Beneficiary Verification and Socio-Economic Assessment Phase
Deliverables:
Phase 4: Site Assessment and Feasibility Phase
Deliverables:
Phase 5: Relocation Strategy Development Phase
Deliverables:
Phase 6: Draft Relocation and Migration Plan Phase
Deliverables:
Phase 7: Social Facilitation and Risk Management Phase
Deliverables:
Phase 8: Implementation Planning Phase
Deliverables:
Detailed Implementation Plan
Relocation Schedule (phased)
Monitoring and Evaluation Framework
Phase 9: Finalisation and Approval Phase
Present draft plan to stakeholders for review
Incorporate comments and finalise the document
Ensure compliance with applicable legislation, including the Housing Act and PIE Act
Deliverables:
Timeframes
The project will be guided by the project process plan developed. The project, should not take longer than 6 Months from the date of appointment. The
municipality will draft an agreement to be signed by both parties (a successful service provider and the municipality). The project proposal must contain the
following:
professionals that will be part of the project and further indicate if some consortium will be formed
Stakeholder consultation
The service provider in consultation with the Municipality will be expected to design and implement a consultation process plan.
Consultation is central to this development process and assumes critical significance when dealing with development that involves more than one
organisation/party. The Service Provider needs to communicate and consult with the municipality in order to be effective but they also need to exchange
information with other relevant stakeholders which necessitates lateral communications. Failure to recognise this need may lead to discrepancy of approach.
The consultant is required to engage in this process plan, ensure that all issues are captured within the required timeframe and ensure that all relevant
stakeholders are included throughout the process. The Service Provider shall participate in stakeholder meetings and produce information material for
stakeholders as required, but guided by legislation or policies.
Project management
In case where the appointed service provider appoints the services of other consultants or sub- contractors, the appointed service provider will take full
responsibility of the work of the sub- contractors. The project is to be coordinated and managed by an Operational Team comprising the Officials from the
municipality as well as the appointed service provider. The Project Manager will act as a liaison party between the service provider and the project steering
committee
Reporting mechanism
It is expected that progress reports be presented monthly to the Project Steering Committee for comments and inputs. The Project Manager has the right to
change frequency of reporting as and when necessary. Reporting process will be in both written and presentation format on the following phases of the
project:
8.1 Below is a summary of Mandatory requirements:
Project leader must hold at least one of the
GIS/Town and regional planning registered with relevant professional Bodies i.e SAGC or SACPLAN (professional; technical and/or administrative.
8.2 Skills and abilities required in the team to execute the project include the following:
8.3 It is therefore recommended that the service provider ensures that people with relevant skills are part of the project. A list of people containing,
among other things, names, qualifications and experience who will be directly involved in the project must be submitted. This should clearly indicate what
roles each team member will play.
A company / team profile containing, among other things, names, qualifications and experience of persons who will be directly involved in the project must be
included.
8.4 All team members that will be directly involved in the project will be expected to attend all progress report meetings as scheduled and agreed upon
by both parties. The selected team members shall stay the same for the duration of the project and cannot be changed without prior discussions with and
approval from the municipality.
9.1. The municipality consider skills development as an integral part of the out-sourcing process. The process should ensure that skills development and
transfer is achieved within the municipality. Proposals should indicate how skills development and transfer would be achieved in the municipality.
10.1 The successful Service Provider is expected to contact all the relevant Planning, Engineering and community services Enterprise Officials and
required officials and units within the local, district and provincial spheres of government to obtain relevant information that is required for the project.
10.2 In the light of the event that the service provider needs a letter to confirm the motive for requesting information from the different spheres of
government or parastatals, the municipality will provide the requested letter.
However, the responsibility for collecting information necessary for the successful execution of the project remains entirely with the service provider.
11.1 General
11.1.1 Awarding of the bid will be subject to the Service Provider’s express acceptance of the municipal Supply Chain
Management general contract conditions.
11.1.2 The municipality and Service Provider will sign a Services Level Agreement upon appointment.
11.1.3. Staffing requirements will be identified on the onset of the project and shall remain unchanged for the duration of the
project, unless prior written consent has been granted by the municipality.
11.1.4 No material or information derived from the provision of the services under the contract may be used for any other
purposes except for those of the municipality, except where duly authorized to do so in writing by the municipality.
11.1.5 Copyright in respect of all documents and data prepared or developed for the purpose of the project by the Service
Provider shall be vested in municipality.
11.1.6 The successful Service Provider agrees to keep all records and information of, or related to the project confidential and
not discloses such records or information to any third party without the prior written consent of municipality.
11.1.7 The municipality reserves the right to terminate the contract in the event that there is clear evidence of non-performance
and non-compliance with the contract.
11.1.8 The service provider may be required to do a presentation in person or virtually to the municipality or partners; at their
own cost should it be deemed necessary to do so.
11.2 Format of Proposal
11.2.1 All proposals are to respond to requirements as per the Terms of Reference
11.2.2 All proposals should be clearly indexed and easy to read.
13.1 Should it be found that the delay of the project in terms of the agreed time period is unreasonable then there shall be a
penalty in terms of percentages which will be deducted from the payment as indicated below;
Evaluation creteria
The 80/20 preference points system as prescribed in the Preferential Procurement Policy Framework Act (PPPFA) will be applied
to evaluate this bid. The lowest acceptable bid will score 80 points for price and maximum of 20 points for the specific goals.
This bid shall be evaluation in two stages. On first stage bids will be evaluated on functionality, second stage in accordance with
80/20 preference points system as stipulated above.
Evaluation of Functionality
Evaluation of submitted proposals is on both price and functionality and 80/20 preference point system will apply:
Functionality [100]
Price [80]
Specific Goals [20]
The bid will be evaluated in two stages namely: stage one; Functionality, stage two; Price and Specific Goals, Bidders who scores
less than 70% on stage 1 will not be evaluated further. Only bidders who score 70% or more would be evaluated further and
therefore eligible for the award.
Functionality criteria Weight Points Scoring
Methodology 20 Work programme,
Detailed Gantt Chart and project plan and allocation
implementation plan. Methodology of resources and
and approach are fully adequate to tasks
meet the requirements of the
assignment relating to the
deliverables required by these terms
of reference.
Expertise, and Experience of 40 Experience of Points
proposed team: Registered
Appropriate expertise of the suitably Professional
qualified human resources, both in 4-5 years or more 40
respect of principles and/or other staff 3-4 years or more 20
in the field of.
Planner
Environmentalist and GIS
Practitioner
professional Bodies i.e
SACPLAN (South African
Council of Planners) & SAGC
(South African Geomatics
Council) (professional;
technical and/or
administrative) of the
tendering service provider to
the project. Relevant
information must be contained
in curriculum/curricula vitae
submitted with the tender
together with proof of
professional registration of
project team members.
Previous Experience with related 40 Number of Points
projects: projects
Number of comparable projects 2 similar projects 40
completed by the service provider.
The schedule of previous related
projects describing the project’s
1 similar project 30
Appointment and Reference Letter
for each project must be submitted
with the tender. Reference letters
must not be more than 3 Months Old
Total 100
Conditions of tender
Tender conditions and/or instructions set out below must be strictly adhered to,
Failing which this tender submission will be declared non- responsive.
6.1 No tender will be considered unless emailed to Winnie Madikizela Mandela Municipality on [email protected].
6.2 Any portion of the tender document not completed will be interpreted as ‘not applicable’. Notwithstanding the
foregoing, failure to complete any compulsory portion of the tender documentmay result in the tender being
declared non-responsive.
6.3 The municipality reserves the right to accept:
6.3.1 the whole tender or part of a tender or any item or part of any item, or to accept more than one tender (in the
event of a number of items being offered), and municipality is not obliged to acceptthe lowest or any tender;
6.3.2 a tender which is not substantially or materially different from the tender Specification.
6.4 The municipality shall not consider tenders that are received after the closing date and time for such a
tender.
6.5 The municipality will not be held responsible for any expenses incurred by Tenderers in preparing and
submitting tenders.
6.6 The municipality may, after the closing date, request additional information or clarification of tenders in
writing.
6.7 A Tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Suchwithdrawal
will be permitted or refused at the sole discretion of the municipality after consideration of the reasons for the
withdrawal.
6.8 The municipality reserves the right to adjust arithmetical errors in the extension of rates and totals in the quote,
and the bidder will be informed of the effect of any corrections on his quotation sum prior to the award of the
contract. In no case will quoted rates be adjusted when correcting such errors.
6.9 Telegraphic quotations or quotations by facsimile will not be accepted for consideration except for the instance
as indicated above where the employer needs to have amendments to the quotation.
6.10 Resolutions and Authorities
A tender submitted:
6.10.1 by a registered company may not be considered unless accompanied by a resolution by the Directors of the
company authorizing the tender to be made and the signatory to sign the tender on the company’s behalf
{Authority to Sign Bid Document on to be completed};
6.10.2 by a registered close corporation may not be considered unless accompanied by written authorityfrom all the
members of the close corporation authorizing the tender to be made and the signatory to sign the tender on
the close corporation’s behalf (pg 40)
Authority to Sign Bid Document on to be completed};
6.10.3 by a partnership/consortium/joint venture may not be considered unless accompanied by written from all
parties to the partnership/consortium/joint venture authorising the tender to be made andthe signatory to sign
the tender on the partnership/consortium/joint venture’s behalf.
6.11 Partnerships/Consortiums/Joint Ventures
In the case of partnerships/consortiums/joint ventures, a copy of the partnership/consortium/joint venture
agreement must be submitted with the tender document.
6.12 Validity Period
6.12.1 Any tender submitted shall remain valid, irrevocable and open for written acceptance by the municipality for
a period of 90 days from the closing date or for such extended period as may beapplicable.
6.12.2 The tender amount will not be amended during the aforesaid validity period.
6.12.3 The aforesaid validity period may be extended by the municipality provided that the original validity
period has not expired, and that all bidders are given an opportunity to extend such period. Any such
extension shall be agreed to by a bidder in writing.
6.12.4 Bidders who fail to respond to such a request before the validity of their tender expires, or who decline such
a request shall not be considered further in the evaluation process.
6.12.5 In the event that an appeal in terms of the Systems Act , is received, the validity periodof the tender
shall be deemed to be extended until finalisation of the appeal; unless the bidder has requested in writing that
its tender be withdrawn. The provisions in respect of withdrawal as set out in clause 6.8 above will apply to
such withdrawal.
6.13 Unauthorized alterations and additions in the nature of statement of interpretation of this bid document
must be avoided. If any such amendments are made or if the bid document is not properly completed,
it will cause the bid to be invalid. Any point of difficulty or doubt must becleared with the municipality.
Should any query be found to be of any significance, the municipality will inform all bidders accordingly.
6.14 Tax clearance
6.14.1 No award shall be made to a person whose tax matters have not been declared to be in order bythe South
African Revenue Service (SARS).
6.14.2 Tenderers are therefore required to obtain a valid Tax Clearance Certificate from the local SARSoffice where
such Tenderer is registered for income tax/VAT purposes.
6.15 The municipality will publish the results of this bid on the municipal website.
General conditions of contract
General Conditions of Contract
Notes:
The purpose of this document is to:
(i) 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 masculinealso mean in
the feminine and neuter.
The General Conditions of Contract (GCC) 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 GCC. Whenever there is a conflict, the provisions in the SCC shall prevail.
Table of clauses
Important Dates
Source: Tender Document for Migration and Relocation Plan.pdf (TENDER)Closing date: 28 August 2026 at 12h00. Compulsory bid meeting: N/A. Advert date: 07 August 2026.
Contact Information
Source: Tender Document for Migration and Relocation Plan.pdf (TENDER)Technical enquiries: Senior Manager Development Planning, Ms N. Mafumbatha, tel 082 370 7201, email [email protected]. SCM enquiries: Mr Z. Khala, tel 079 886 0942, email [email protected] or [email protected]. Submission email: [email protected]. Municipal Manager: Mr L. Mahlaka.
Submission Guidelines
Source: Tender Document for Migration and Relocation Plan.pdf (TENDER)Bids must be emailed to [email protected] before the closing date and time. Late, hand-delivered, incomplete or facsimile bids will not be accepted. Bids must be submitted on the original bid documentation issued by the municipality, clearly marked with the project name and reference number. Any unsigned alterations to the pricing schedule will invalidate the submission. Returnable forms: MBD1 (Invitation to Bid), MBD4 (Declaration of Interest), MBD6.1 (Preference Points Claim), MBD8 (Declaration of Past SCM Practices), MBD9 (Certificate of Independent Bid Determination), all fully completed and signed. Also required: CIPC registration documents, certified ID copies of directors (not older than 3 months), proof of CSD registration, valid SARS tax PIN printout, and a signed certification confirming no undisputed municipal accounts are overdue by more than 30 days, with proof. Joint ventures must submit valid tax PINs for all partners and a signed agreement indicating the lead partner. Bids must remain valid for 90 days from closing. Bidders must not be persons in the service of the state.
Evaluation Criteria
Source: Tender Document for Migration and Relocation Plan.pdf (TENDER)Two-stage evaluation. Stage 1: functionality, minimum threshold 70% to proceed. Stage 2: 80/20 preference points system (80 price, 20 specific goals). Functionality criteria: Methodology (20 points) – work programme, Gantt chart, implementation plan, resource allocation; Expertise and experience of proposed team (40 points) – team leader must be a registered professional planner (SACPLAN) or GIS/town and regional planner registered with SAGC or SACPLAN, with 4-5+ years' experience scoring 40 points, 3-4 years scoring 20; Previous experience with related projects (40 points) – 2 similar projects score 40, 1 similar project scores 30. Reference letters for each project must be submitted, not more than 3 months old. Proof of professional registration of team members must be included.
Technical Specifications
Source: Tender Document for Migration and Relocation Plan.pdf (TENDER)The service provider will develop a Relocation and Migration Plan for the municipality, covering identification and verification of affected households, socio-economic assessment, identification of relocation sites, planning for temporary and/or permanent relocation, coordination of basic services at relocation sites, community consultations, a detailed relocation schedule, and risk mitigation. The project must be completed within 6 months of appointment. Deliverables include: comprehensive Relocation and Migration Plan, verified beneficiary list, implementation schedule, monthly progress reports, presentations to stakeholders, hard and soft copies, spatial maps and shape files. The work is structured in nine phases: Inception, Stakeholder Engagement, Beneficiary Verification and Socio-Economic Assessment, Site Assessment and Feasibility, Relocation Strategy Development, Draft Plan, Social Facilitation and Risk Management, Implementation Planning, and Finalisation and Approval. Each phase has specific deliverables as detailed in the terms of reference. The plan must comply with the National Housing Code, Breaking New Ground, the Housing Act and the PIE Act. The service provider must conduct stakeholder engagement with the municipality, Department of Human Settlements, ward councillors and affected communities, and prioritise in-situ development where feasible. Monthly progress reports must be presented to the Project Steering Committee. The service provider must also ensure capacity building and skills transfer to the municipality.
Methodology
Source: Tender Document for Migration and Relocation Plan.pdfThe appointed Service Provider shall adopt a structured, consultative, and policy-compliant approach in the development of the Relocation and Migration
Plan. This shall include an inception phase to review all relevant project documentation, confirm the scope of work, and align the methodology with applicable
policy frameworks, including the National Housing Code and Breaking New Ground.
The Service Provider shall undertake a comprehensive stakeholder engagement process, including consultations with the Municipality, the Department of
Human Settlements, ward councillors, and affected communities, to ensure transparency, inclusivity, and effective communication throughout the planning
process.
A detailed beneficiary verification and socio-economic assessment shall be conducted to confirm affected households, assess their living conditions, and
identify vulnerable groups requiring special support. This shall be complemented by site assessments to evaluate the suitability of current settlements and
proposed relocation sites, including the availability of land, infrastructure, and basic services.
The Service Provider shall prioritise in-situ development where feasible. Where relocation is unavoidable, appropriate and viable relocation options shall be
developed, ensuring minimal disruption to livelihoods and social networks.
The Relocation and Migration Plan shall include a verified beneficiary list, a clear relocation strategy with phased implementation, detailed logistics, defined
roles and responsibilities, a comprehensive budget, and an implementation schedule. The Service Provider shall further undertake a risk assessment and
propose mitigation measures to address potential challenges.
The approach shall incorporate monitoring and reporting mechanisms to track progress and ensure accountability. All outputs must comply with applicable
legislation and policy frameworks, including the Housing Act , and shall be submitted to the Municipality and the Department of Human
Settlements for review and approval.
Objectives
The objectives of the Relocation and Migration Plan are to:
Deliverables
The following deliverables are expected:
backlogs within the municipal jurisdiction. As part of these initiatives, certain households may be required to migrate or be relocated to facilitate development
or to ensure access to adequate housing.
Purpose
The purpose of these Terms of Reference (ToR) is to appoint a Service Provider that will develop a Relocation and Migration Plan in terms of appropriate
legislation and manage all key milestones.
Approach
Phase 1: Inception Phase
Review all relevant project documentation, including housing project plans, beneficiary lists, and site information
Align the scope with applicable frameworks such as the National Housing Code and Breaking New Ground
Prepare and submit an Inception Report outlining methodology, work plan, timelines and stakeholder mapping
Inception Report
Detailed Work Plan and Project Schedule
Stakeholder Mapping Register
Phase 2. Stakeholder Engagement and Consultation Phase
structures
Develop and implement a Stakeholder Engagement Plan
Facilitate community meetings, workshops, and consultations
Document all stakeholder inputs and concerns
Relocation Strategy Document
Options Analysis Report
Recommended Relocation Approach
Phase 6: Draft Relocation and Migration Plan Phase
Compile a comprehensive draft Relocation and Migration Plan
Include all technical, social, logistical, and financial components
Develop implementation schedules and institutional arrangements
Detailed Implementation Plan
Relocation Schedule (phased)
Monitoring and Evaluation Framework
Phase 9: Finalisation and Approval Phase
Present draft plan to stakeholders for review
Incorporate comments and finalise the document
Ensure compliance with applicable legislation, including the Housing Act and PIE Act
organisation/party. The Service Provider needs to communicate and consult with the municipality in order to be effective but they also need to exchange
information with other relevant stakeholders which necessitates lateral communications. Failure to recognise this need may lead to discrepancy of approach.
Methodology 20 Work programme,
implementation plan. Methodology of resources and
and approach are fully adequate to tasks
meet the requirements of the
assignment relating to the
deliverables required by these terms
of reference.
Expertise, and Experience of 40 Experience of Points
proposed team: Registered
18.1 In cases where the estimated value of the envisaged changes in purchase does not vary more than 15% of
the total value of the original contract, the contractor may be instructed to deliver thegoods or render the
services as such. In cases of measurable quantities, the contractor may be approached to reduce the unit
price, and such offers may be accepted provided that there is no escalation in price.
Pricing Schedule
Source: Tender Document for Migration and Relocation Plan.pdfbe clearly marked the Name of the project and Reference number indicated above. Failure to do so, your tender may not be
considered. Any unsigned alterations in the BOQ/Quotation/Pricing schedule to the tender document shall render the
submission invalid.
The municipality will not consider any bids over R2.3 million from bidders who have not registered for VAT or submitted proof that
they have registered before the closing date of the bid/s in this notice.
6.1 No tender will be considered unless emailed to Winnie Madikizela Mandela Municipality on [email protected].
6.2 Any portion of the tender document not completed will be interpreted as ‘not applicable’. Notwithstanding the
foregoing, failure to complete any compulsory portion of the tender documentmay result in the tender being
declared non-responsive.
6.3 The municipality reserves the right to accept:
6.3.1 the whole tender or part of a tender or any item or part of any item, or to accept more than one tender (in the
event of a number of items being offered), and municipality is not obliged to acceptthe lowest or any tender;
6.3.2 a tender which is not substantially or materially different from the tender Specification.
6.4 The municipality shall not consider tenders that are received after the closing date and time for such a
tender.
6.5 The municipality will not be held responsible for any expenses incurred by Tenderers in preparing and
submitting tenders.
6.6 The municipality may, after the closing date, request additional information or clarification of tenders in
writing.
6.7 A Tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Suchwithdrawal
will be permitted or refused at the sole discretion of the municipality after consideration of the reasons for the
withdrawal.
6.8 The municipality reserves the right to adjust arithmetical errors in the extension of rates and totals in the quote,
and the bidder will be informed of the effect of any corrections on his quotation sum prior to the award of the
contract. In no case will quoted rates be adjusted when correcting such errors.
6.9 Telegraphic quotations or quotations by facsimile will not be accepted for consideration except for the instance
as indicated above where the employer needs to have amendments to the quotation.
6.10 Resolutions and Authorities
32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipalservices
charges are in arrears.
Financial Requirements
Source: Tender Document for Migration and Relocation Plan.pdf (TENDER)Bids over R2.3 million will not be considered from bidders who have not registered for VAT or submitted proof of registration before the closing date. The municipality will not conclude a contract with any bidder whose municipal rates and taxes or services charges are in arrears. The municipality reserves the right to adjust arithmetical errors in rates and totals; quoted rates will not be adjusted. The tender amount must remain valid for 90 days and cannot be amended during that period.
Compliance Requirements
Source: Tender Document for Migration and Relocation Plan.pdf (TENDER)Required: CIPC registration documents, certified ID copies of directors (not older than 3 months), proof of CSD registration, valid SARS tax PIN printout, and a signed certification confirming no overdue municipal accounts (over 30 days) with proof. Returnable forms: MBD1, MBD4, MBD6.1, MBD8, MBD9 – all must be completed and signed. Joint ventures must submit valid tax PINs for all partners and a signed agreement indicating the lead partner. Bidders must not be persons in the service of the state. Local content threshold: 100%.
Health & Safety
Source: Tender Document for Migration and Relocation Plan.pdfand I/we am /are not aware of any information which, should it become known to the Winnie Madikizela-Mandela Local Municipality, would
affect the consideration of my/our Bid in any way. The Winnie Madikizela-Mandela Local Municipality wishes to inform you that all
information regarding your personal matters is treated as strictly confidential.
roles and responsibilities, a comprehensive budget, and an implementation schedule. The Service Provider shall further undertake a risk assessment and
propose mitigation measures to address potential challenges.
Phase 8: Implementation Planning Phase
agreement must be submitted with the tender document.
6.12 Validity Period
6.12.1 Any tender submitted shall remain valid, irrevocable and open for written acceptance by the municipality for
a period of 90 days from the closing date or for such extended period as may beapplicable.
6.12.2 The tender amount will not be amended during the aforesaid validity period.
6.12.3 The aforesaid validity period may be extended by the municipality provided that the original validity
period has not expired, and that all bidders are given an opportunity to extend such period. Any such
extension shall be agreed to by a bidder in writing.
6.12.4 Bidders who fail to respond to such a request before the validity of their tender expires, or who decline such
a request shall not be considered further in the evaluation process.
6.12.5 In the event that an appeal in terms of the Systems Act , is received, the validity periodof the tender
shall be deemed to be extended until finalisation of the appeal; unless the bidder has requested in writing that
its tender be withdrawn. The provisions in respect of withdrawal as set out in clause 6.8 above will apply to
such withdrawal.
6.13 Unauthorized alterations and additions in the nature of statement of interpretation of this bid document
must be avoided. If any such amendments are made or if the bid document is not properly completed,
it will cause the bid to be invalid. Any point of difficulty or doubt must becleared with the municipality.
3.1 Unless otherwise indicated in the tender documents, the purchaser shall not be liable for any expense incurred
in the preparation and submission of a Tender. Where
applicable a non-refundable fee for documents may be charged.
3.2 Invitations to Tender are usually published in locally distributed news media and on the Winnie Madikizela
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision
thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the
purchaser in connection therewith, to any person other than a person employed by the supplier in the
performance of the contract. Disclosure to any such employed person shall be made in confidence and shall
extend only so far as may be necessary for purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any documentor information
mentioned in GCC clause 5.1 except for purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the
purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance
under the contract if so required by the purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the
supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.
24.1 When, after the date of Tender, provisional payments are required, or anti-dumping or countervailing duties
are imposed, or the amount of a provisional payment or antidumping or countervailing right is increased in
respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or
for the amount of any such increase. When, after the said date, such a provisional payment is no longer
required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional
payment or any such right is reduced, any such favorable difference shall on demand be paid forthwith by the
supplier to the purchaser or the purchaser may deduct such amounts from moneys (if any) which may
otherwise be due to the supplier in regard to goods or services which he delivered or rendered, or is to deliver
or render in terms of the contract or any other contract or any other amount which may be due to him.
31.1 Every written acceptance of a Tender 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 Tender or
to the address notified later by him in writing and such posting shall bedeemed to be proper service of such
notice
31.2 The time mentioned in the contract documents for performing any act after such aforesaid noticehas been
given, shall be reckoned from the date of posting of such notice.
Contractual Terms
Source: Tender Document for Migration and Relocation Plan.pdfGeneral Conditions of Contract
Definitions
The following terms shall be interpreted as indicated:
1.1 “Closing time” means the date and hour specified in the tender documents for the receiptof Tenders.
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 attachmentsand 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 valueto 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 recognizednew product results that
is substantially different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store
or depot or on the specified site in compliance with the conditions of the contract or order, the
supplier bearing all risks and charges involved until the goods areso delivered and a valid receipt
is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative inthe 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 thesupplier’s
fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of
the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of any bidder and includes collusive practice
among Bidders (prior to or after Tender submission) designed to establish Tender 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 tender price represented by the cost of components,
parts or materials which have been or are still to be imported (whether by the supplier or his
subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct
importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or
duty at the South African place of entry as well as transportation and handling charges to the factory
in the Republic where the goods covered by the Tender will be manufactured.
1.17 “Local content” means that portion of the tender price, which is not included in theimported
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 therendering
of a service.
1.20 “Project site,” where applicable, means the place indicated in tender 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 ancillaries to the supply of the goods, such as
transportation and any other incidental services, such as installation, commissioning, provision of
technical assistance, training, catering, gardening, security, maintenance andother such obligations
of the supplier covered under the contract.
1.25 “Supplier” means the successful bidder who is awarded the contract to maintain andadminister
the required and specified service(s) to the State.
1.26 “Tort” means in breach of contract.
1.27 “Turnkey” means a procurement process where one service provider assumes total
responsibility for all aspects of the project and delivers the full end product / service required
by the contract.
1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanicalwriting.
2.1 These general conditions are applicable to all Tenders, contracts and orders including Tenders for functional
and professional services (excluding professional services related to the building and construction industry),
sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise
indicated in the tender documents.
2.2 Where applicable, special conditions of contract are also laid down to cover specific goods, services or works.
2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions
shall apply.
3.1 Unless otherwise indicated in the tender documents, the purchaser shall not be liable for any expense incurred
in the preparation and submission of a Tender. Where
applicable a non-refundable fee for documents may be charged.
3.2 Invitations to Tender are usually published in locally distributed news media and on the Winnie Madikizela
Mandela Municipality website.
4.1 The goods supplied shall conform to the standards mentioned in the tender documents and specifications.
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision
thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the
purchaser in connection therewith, to any person other than a person employed by the supplier in the
performance of the contract. Disclosure to any such employed person shall be made in confidence and shall
extend only so far as may be necessary for purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any documentor 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.
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark,
or industrial design rights arising from use of the goods or any part thereof by the purchaser.
6.2 When a supplier developed documentation / projects for the Winnie Madikizela Mandela Municipality, the
intellectual, copy and patent rights or ownership of such documents or projects will vest in the Winnie
Madikizela Mandela Municipality.
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the
purchaser the performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss
resulting from the supplier’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the contract or in a freely
convertible currency acceptable to the purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s
country or abroad, acceptable to the purchaser, in the form provided in the tenderdocuments or another
form acceptable to the purchaser; or
(b) a cashier’s or certified cheque
7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty
(30) days following the date of completion of the supplier’s performance obligations under the contract,
including any warranty obligations, unless otherwise specified.
8.1 All pre-tender testing will be for the account of the bidder.
8.2 If it is a Tender condition that goods to be produced or services to be rendered should at any stage be subject
to inspections, tests and analyses, the bidder or contractor’s premises shall be open, at all reasonable hours,
for inspection by a representative of the purchaser or organization acting on behalf of the purchaser.
8.3 If there are no inspection requirements indicated in the tender documents and no mention is made in the
contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall
itself make the necessary arrangements, including payment arrangements with the testing authority
concerned.
8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to be in accordance
with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the
purchaser.
8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements,
irrespective of whether such goods or services are accepted or not, the cost in connection with these
inspections, tests or analyses shall be defrayed by the supplier.
8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply withthe contract
requirements may be rejected.
8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be rejected if found
not to comply with the requirements of the contract. Such rejected goods shallbe held at the cost and risk of
the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute
them with goods, which do comply with the requirements of the contract. Failing such removal the rejected
goods shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute goods
forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods,
purchase such goods as may be necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on
account of a breach of the conditions thereof, or to act in terms of Clause 22 of GCC.
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, and in any subsequent instructionsordered by the purchaser.
10.1 Delivery of the goods and arrangements for shipping and clearance obligations shall be made by the supplier
in accordance with the terms specified in the contract.
11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or
damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified.
12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified.
13.1 The supplier may be required to provide any or all of the following services, including additionalservices, if
any:
(a) performance or supervision of on-site assembly and/or commissioning of the suppliedgoods;
(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 thesupplier of
any warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,start-up,
operation, maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall
be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties
by the supplier for similar services.
14.1.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and
information pertaining to spare parts manufactured or distributed by the supplier:
a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall
not relieve the supplier of any warranty obligations under the contract; and
b) in the event of termination of production of the spare parts:
i. advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser
to procure needed requirements; and
ii. following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and
specifications of the spare parts, if requested.
15.1 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 loadingin the source country, whichever
period concludes earlier, unless specified otherwise.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair
or replace the defective goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser
may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without
prejudice to any other rights which the purchaser may have against the supplier under the contract.
16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon
fulfilment of other obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty
(30) days after submission of an invoice or claim by the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated.
17.1 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 Tender, with the exception of any price adjustments authorized or
in the purchaser’s request for Tender validity extension, as the case may be.
18.1 In cases where the estimated value of the envisaged changes in purchase does not vary more than 15% of
the total value of the original contract, the contractor may be instructed to deliver thegoods or render the
services as such. In cases of measurable quantities, the contractor may be approached to reduce the unit
price, and such offers may be accepted provided that there is no escalation in price.
19.1 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.
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under these contracts if not
already specified in the Tender. Such notification, in the original Tender or later, shall not relieve the supplier
from any liability or obligation under the contract.
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordancewith the
time schedule prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter
conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly
notify the purchaser in writing of the fact of the delay, it’s 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 orwithout the imposition of penalties, in which case the extension
shall be ratified by the parties by amendment of contract.
21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services
executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the
goods are required, or the supplier’s services are not readily available.
21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations
shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension
of time is agreed upon pursuant to GCC Clause 22.2 without the application of penalties.
21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without
cancelling the contract, be entitled to purchase goods of a similar quality and up to the same quantity in
substitution of the goods not supplied in conformity with the contract and toreturn any goods delivered
later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to
complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services
within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under
the contract, deduct from the contract price, as a penalty, a sum calculatedon the delivered price of the
delayed goods or unperformed services using the current prime interest rate calculated for each day of the
delay until actual delivery or performance. The purchaser may also consider termination of the contract
pursuant to GCC Clause 23.
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent
to the supplier, may terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract,or within
any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practicesin 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.
24.1 When, after the date of Tender, provisional payments are required, or anti-dumping or countervailing duties
are imposed, or the amount of a provisional payment or antidumping or countervailing right is increased in
respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or
for the amount of any such increase. When, after the said date, such a provisional payment is no longer
required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional
payment or any such right is reduced, any such favorable difference shall on demand be paid forthwith by the
supplier to the purchaser or the purchaser may deduct such amounts from moneys (if any) which may
otherwise be due to the supplier in regard to goods or services which he delivered or rendered, or is to deliver
or render in terms of the contract or any other contract or any other amount which may be due to him.
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liablefor 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 meansfor performance not prevented by the force majeure event.
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if thesupplier
becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the
supplier, provided that such termination will not prejudice or affect any right of action or remedy, which has
accrued or will accrue thereafter to the purchaser.
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplierin 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.
28.1 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court
of law.
28.2 Notwithstanding any reference to mediation and/or court proceedings herein,
(a) the parties shall continue to perform their respective obligations under the contract unless they
otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier for goods delivered and
/ or services rendered according to the prescripts of the contract.
28.3 except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant
to Clause 6;
a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided
that this exclusion shall not apply to any obligation of the supplier to paypenalties 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 tothe cost of repairing or
replacing defective equipment.
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract
that is exchanged by the parties shall also be written in English.
30.1 The contract shall be interpreted in accordance with South African laws, unless otherwisespecified.
31.1 Every written acceptance of a Tender 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 Tender or
to the address notified later by him in writing and such posting shall bedeemed to be proper service of such
notice
31.2 The time mentioned in the contract documents for performing any act after such aforesaid noticehas been
given, shall be reckoned from the date of posting of such notice.
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and othersuch levies
imposed outside the purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred untildelivery 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
Tender SARS must have certified that the tax matters of the preferred bidder are in order.
32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipalservices
charges are in arrears.
33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereofwithout the
written permission of the purchaser
34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall
be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the
contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall
also be in writing.
35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement between,
or concerted practice by, firms, or a decision by an association of firms, isprohibited if it is between parties
in a horizontal relationship and if a bidder (s) is / are or a contractor(s) was / were involved in collusive
bidding.
35.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has
/ have engaged in the restrictive practice referred to above, the purchaser mayrefer the matter to the
Competition Commission for investigation and possible imposition of administrative penalties as
contemplated in section 59 of the Competition Act No. .
35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive
practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided
for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or
restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not
exceeding ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.
Mbd 4
Declaration of interest
No bid will be accepted from persons in the service of the state1.
Any person, having a kinship with persons in the service of the state, including a blood
relationship, may make an offer or offers in terms of this invitation to bid. In view of possible
allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons
connected with or related to persons in service of the state, it is required that the bidder or their
authorised representative declare their position in relation to the evaluating/adjudicating
authority.
3 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
3.1 Full Name of bidder or his or her representative:.....................................................
3.2 Identity Number: ..............................................................................................
3.3 Position occupied in the Company (director, trustee, hareholder2):.............................
3.4 Company Registration Number: .........................................................................
3.5 Tax Reference Number:....................................................................................
3.6 VAT Registration Number: ..............................................................................
3.7 The names of all directors / trustees / shareholders members, their
individual identity numbers and state employee numbers must be indicated in
paragraph 4 below.
3.8 Are you presently in the service of the state? YES / NO
3.8.1 If yes, furnish particulars. .........................................................................
...........................................................................................................
1MSCM Regulations: “in the service of the state” means to be –
(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii) the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity;
(c) an official of 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 public 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 exercises control over the company.
3.9 Have you been in the service of the state for the past twelve months? .........YES / NO
3.9.1 If yes, furnish particulars...........................................................................
..........................................................................................................
3.10 Do you have any relationship (family, friend, other) with persons in
the service of the state and who may be involved with
the evaluation and or adjudication of this bid? .................................................. YES / NO
3.10.1 If yes, furnish particulars.
..........................................................................................
..........................................................................................
3.11 Are you, aware of any relationship (family, friend, other) between
any other bidder and any persons in the service of the state who
may be involved with the evaluation and or adjudication of this bid? YES / NO
3.11.1 If yes, furnish particulars
.............................................................................................
.......................................................................................................
3.12 Are any of the company’s directors, trustees, managers,
principle shareholders or stakeholders in service of the state? YES / NO
3.12.1 If yes, furnish particulars.
...........................................................................................
...........................................................................................
3.13 Are any spouse, child or parent of the company’s directors
trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO
3.13.1 If yes, furnish particulars.
...........................................................................................
...........................................................................................
3.14 Do you or any of the directors, trustees, managers,
principle shareholders, or stakeholders of this company
have any interest in any other related companies or
business whether or not they are bidding for this contract. YES / NO
3.14.1 If yes, furnish particulars:
.........................................................................................
.........................................................................................
Full Name Identity Number State Employee
Number
Certification
I, the undersigned (full names)
........................................................................................................................
..
Certify that the information furnished on this declaration form is
Correct.
I accept that the municipality may act against me should this
Declaration prove to be false.
......................................... ............................................
Signature Date
........................................ .............................................
Capacity Name of Bidder
of 42
Mbd 6.1
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
3.15 General conditions
3.15.1 The following preference point systems are applicable to invitations to tender:
applicable taxes included); and
applicable taxes included).
3.15.2 To be completed by the organ of state
(delete whichever is not applicable for this tender).
(g) The applicable preference point system for this tender is the 90/10 preference point
system.
(h) The applicable preference point system for this tender is the 80/20 preference point
system.
(i) 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.
3.15.3 Points for this tender (even in the case of a tender for income-generating contracts) shall
be awarded for:
20 Price; and
21 Specific Goals.
3.15.4 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
Points
Price
Bids should score a minimum of 70% points on the functionality evaluation in order to be considered for further evaluation.
Bids will be evaluated on the 80/20 preferential points system
Failure to submit the following document(s) completed in full will render the bid not responsive:
days and no account has not been declared as well as proof thereof.
parties clearly indicating the lead partner
Advert Date: 07 August 2026
Publication: Local/Provincial Newspaper, Municipal Website, e-tender portal.
Closing Date: All tenders must be emailed to [email protected] by no later than the date and time stated above after
which they will be opened.
1.1 “Closing time” means the date and hour specified in the tender documents for the receiptof Tenders.
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 attachmentsand 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 valueto 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 recognizednew product results that
is substantially different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store
or depot or on the specified site in compliance with the conditions of the contract or order, the
supplier bearing all risks and charges involved until the goods areso delivered and a valid receipt
is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative inthe 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 thesupplier’s
fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of
the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of any bidder and includes collusive practice
among Bidders (prior to or after Tender submission) designed to establish Tender 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 tender price represented by the cost of components,
parts or materials which have been or are still to be imported (whether by the supplier or his
subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct
importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or
duty at the South African place of entry as well as transportation and handling charges to the factory
in the Republic where the goods covered by the Tender will be manufactured.
1.17 “Local content” means that portion of the tender price, which is not included in theimported
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 therendering
of a service.
1.20 “Project site,” where applicable, means the place indicated in tender 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 ancillaries to the supply of the goods, such as
transportation and any other incidental services, such as installation, commissioning, provision of
technical assistance, training, catering, gardening, security, maintenance andother such obligations
of the supplier covered under the contract.
1.25 “Supplier” means the successful bidder who is awarded the contract to maintain andadminister
the required and specified service(s) to the State.
1.26 “Tort” means in breach of contract.
1.27 “Turnkey” means a procurement process where one service provider assumes total
responsibility for all aspects of the project and delivers the full end product / service required
by the contract.
1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanicalwriting.
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark,
or industrial design rights arising from use of the goods or any part thereof by the purchaser.
6.2 When a supplier developed documentation / projects for the Winnie Madikizela Mandela Municipality, the
intellectual, copy and patent rights or ownership of such documents or projects will vest in the Winnie
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the
purchaser the performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss
resulting from the supplier’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the contract or in a freely
convertible currency acceptable to the purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s
country or abroad, acceptable to the purchaser, in the form provided in the tenderdocuments or another
form acceptable to the purchaser; or
(b) a cashier’s or certified cheque
7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty
(30) days following the date of completion of the supplier’s performance obligations under the contract,
including any warranty obligations, unless otherwise specified.
13.1 The supplier may be required to provide any or all of the following services, including additionalservices, if
any:
(a) performance or supervision of on-site assembly and/or commissioning of the suppliedgoods;
(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 thesupplier of
any warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,start-up,
operation, maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall
be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties
by the supplier for similar services.
14.1.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and
information pertaining to spare parts manufactured or distributed by the supplier:
a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall
not relieve the supplier of any warranty obligations under the contract; and
b) in the event of termination of production of the spare parts:
i. advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser
to procure needed requirements; and
ii. following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and
specifications of the spare parts, if requested.
15.1 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 loadingin the source country, whichever
period concludes earlier, unless specified otherwise.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair
or replace the defective goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser
may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without
prejudice to any other rights which the purchaser may have against the supplier under the contract.
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under these contracts if not
already specified in the Tender. Such notification, in the original Tender or later, shall not relieve the supplier
from any liability or obligation under the contract.
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordancewith the
time schedule prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter
conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly
notify the purchaser in writing of the fact of the delay, it’s 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 orwithout the imposition of penalties, in which case the extension
shall be ratified by the parties by amendment of contract.
21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services
executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the
goods are required, or the supplier’s services are not readily available.
21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations
shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension
of time is agreed upon pursuant to GCC Clause 22.2 without the application of penalties.
21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without
cancelling the contract, be entitled to purchase goods of a similar quality and up to the same quantity in
substitution of the goods not supplied in conformity with the contract and toreturn any goods delivered
later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to
complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services
within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under
the contract, deduct from the contract price, as a penalty, a sum calculatedon the delivered price of the
delayed goods or unperformed services using the current prime interest rate calculated for each day of the
delay until actual delivery or performance. The purchaser may also consider termination of the contract
pursuant to GCC Clause 23.
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent
to the supplier, may terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract,or within
any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practicesin 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.
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liablefor 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 meansfor performance not prevented by the force majeure event.
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if thesupplier
becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the
supplier, provided that such termination will not prejudice or affect any right of action or remedy, which has
accrued or will accrue thereafter to the purchaser.
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplierin 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.
28.1 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court
of law.
28.2 Notwithstanding any reference to mediation and/or court proceedings herein,
(a) the parties shall continue to perform their respective obligations under the contract unless they
otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier for goods delivered and
/ or services rendered according to the prescripts of the contract.
28.3 except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant
to Clause 6;
a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided
that this exclusion shall not apply to any obligation of the supplier to paypenalties 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 tothe cost of repairing or
replacing defective equipment.
Section
Source: Tender Document for Migration and Relocation Plan.pdfBids should score a minimum of 70% points on the functionality evaluation in order to be considered for further evaluation.
Bids will be evaluated on the 80/20 preferential points system
serves as a claim form for preference points for specific goals.
3.15.1 The following preference point systems are applicable to invitations to tender
(g) The applicable preference point system for this tender is the 90/10 preference point
(h) The applicable preference point system for this tender is the 80/20 preference point
(i) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The
3.15.3 Points for this tender (even in the case of a tender for income-generating contracts) shall
21 Specific Goals.
The maximum points for this tender are allocated as follows
Specific goals
Total points for Price and SPECIFIC GOALS 100
this tender to claim points for specific goals with the tender, will be interpreted to mean
that preference points for specific goals are not claimed.
preferences, in any manner required by the organ of state.
cancelling the contract, be entitled to purchase goods of a similar quality and up to the same quantity in
enquiries, please contact Senior Manager: Development Planning, Ms N.Mafumbatha @ 082 370 7201 during working hours
the specific goals.
This bid shall be evaluation in two stages. On first stage bids will be evaluated on functionality, second stage in accordance with
80/20 preference points system as stipulated above.
Evaluation of Functionality
Evaluation of submitted proposals is on both price and functionality and 80/20 preference point system will apply
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
Address
Winnie Madikizela mandela - Bizana - Bizana - 4800
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
1
Last checked
12 Aug 2026
AI status
Enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
Key Personnel
Median Estimate
R 607 200
Range
Based on 25 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
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