Training of Municipal Officials on Performance Management

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX

SITUATED AT (STREET ADDRESS

MNQUMA LOCAL MUNICIPALITY

CORNER KING AND MTHATHA STREET

BUTTERWORTH

4960

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

TAX COMPLIANCE STATUS TCS PIN: OR CSD No:

ARE YOU A FOREIGN

ARE YOU THE ACCREDITED ☐ Yes ☐ No BASED SUPPLIER FOR ☐ Yes ☐ NoREPRESENTATIVE IN SOUTH AFRICA

THE GOODS /SERVICES

FOR THE GOODS /SERVICES /WORKS

[IF YES ENCLOSE PROOF] /WORKS OFFERED? [IF YES, ANSWER PART B:3 ]

OFFERED?

TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE R

SIGNATURE OF BIDDER

.................................... DATE

CAPACITY UNDER WHICH THIS BID IS

SIGNED

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:

DEPARTMENT Budget & Treasury DEPARTMENT Corporate Services

CONTACT PERSON Y Vava CONTACT PERSON L Rwayi

TELEPHONE NUMBER 047 050 1156 TELEPHONE NUMBER 047 050 1121

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

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PART B

TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:

FOR CONSIDERATION.

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL

PROCUREMENT REGULATIONS, 2022, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER

SPECIAL CONDITIONS OF CONTRACT.

2. TAX COMPLIANCE REQUIREMENTS

ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER

TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE

WWW.SARS.GOV.ZA.

2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? ☐ YES ☐ NO

3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? ☐ YES ☐ NO

3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? ☐ YES ☐ NO

3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? ☐ YES ☐ NO

3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? ☐ YES ☐ NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE

STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.

SIGNATURE OF BIDDER: ...................................................

CAPACITY UNDER WHICH THIS BID IS SIGNED: ...................................................

DATE: ...................................................

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MBD 2

1. TAX CLEARANCE CERTFICATE REQUIREMENTS

been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations.

for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance

Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year

from the date of approval.

and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance

Certificate will not be acceptable.

Clearance Certificate.

5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch

office nationally or on the website www.sars.gov.za.

6. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,

taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

2.1 SARS APPLICATION FOR TCC MBD

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MBD 3.1

2. PRICING SCHEDULE – FIRM PRICES

(PURCHASES)

NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT

TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED

IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE

Name of Bidder.......................................... Bid Number........................

Closing Time 12:00 Closing Date: 13/02/2026

OFFER TO BE VALID FOR 90 DAYS FROM THE CLOSING DATE OF BID.

__________________________________________________________________________

ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY

NO. **(ALL APPLICABLE TAXES INCLUDED)

- At: Corner King & Mtata Street

Butterworth, 4960

- Brand and Model ........................................

- Country of Origin South Africa

NB: PLEASE MARK THE APPLICABLE ANSWER

- Does the offer comply with the specification(s)? *YES/NO

- If not to specification, indicate deviation(s) ........................................

*Delivery: Firm/Not firm

- Delivery basis ...........................................

** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance

fund contributions and skills development levies.

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MBD 3.3

3.1 PRICING SCHEDULE AND SPECIFICATION

(SECTION 2)

Pricing Instructions:

1. All prices shall be tendered including VAT, customs or excise duty and any other duty, levy, or other applicable

tax.

2. All prices shall be tendered in accordance with the units specified in this schedule.

cost of all general risks, liabilities and obligations set forth or implied in the Contract as well as overhead charges

and profit (in the event that the tender is successful). All prices tendered will be final and binding.

TRAINING OF MUNICIPAL OFFICIALS ON PERFORMANCE MANAGEMENT

Description/ Course Duration Quantity Unit Price Total

116341 40

or any relevant US

Additional Cost

Total

Vat @15 %

Grand Total

See attached annexure A for a Detailed Specification (-42)

STRICT DELIVERY DATES WILL BE OBSERVED AND PENALTIES WILL BE IMPOSED FOR LATE DELIVERIES.

DOCUMENT

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2.2 TENDER OFFER

I, (duly

authorized to represent the tenderer for the purpose of this tender), hereby tender to supply all or any of the

goods and/or render all or any of the services described in the attached document to the Mnquma Local

Municipality on the terms and conditions stipulated in this tender document and in accordance with the

specification stipulated in the tender document at the prices reflected in the Contract Form/Price Schedule.

BIDDERS TOTAL OFFER (Inclusive of vat and all other charges)

R...........................................................................................................................

The tenderer agrees that:

3.1 The tender offer submitted shall remain valid, irrevocable and open for written acceptance by the

Mnquma Local Municipality for a period of 90 days from the closing date or for such extended period

as may be applicable;

3.2 The tender offer will not be withdrawn or amended during the aforesaid validity period;

3.3 Notwithstanding the above, the tenderer may submit a written request to the Mnquma Local

Municipality after the closing date for permission to withdraw the tender offer. Such withdrawal will

be permitted or refused at the sole discretion of the Mnquma Local Municipality after consideration

of the reasons for the withdrawal, which shall be fully set out by the tenderer in the written request

for withdrawal;

3.4 Should the tender offer be withdrawn in contravention of 3.1 to 3.3 above, the tenderer agrees that:

(a) it shall be liable to the Mnquma Local Municipality for any additional expense incurred by the

Mnquma Local Municipality in having either to accept another tender or, if new tenders have to

be invited, the additional expenses incurred by the invitation of new tenders and the subsequent

acceptance of any other tender;

(b) the Mnquma Local Municipality shall also have the right to recover such additional expenses by

set-off against moneys which may be due or become due to the tenderer under this or any other

tender or contract or against any guarantee or deposit that may have been furnished by the

tenderer or on its behalf for the due fulfilment of this or any other tender or contract. Pending the

ascertainment of the amount of such additional expenses, the Mnquma Local Municipality shall

be entitled to retain such moneys, guarantee or deposit as security for any loss the Mnquma Local

Municipality may suffer due to such withdrawal.

3.5 The tenderer agrees that this tender and its acceptance shall be subject to the terms and

conditions contained in the Mnquma Local Municipality’s Supply Chain Management Policy (‘SCM

Policy’) and Combating of Abuse of the Supply Chain Management System Policy (‘Abuse Policy’).

Signature(s)

Print name(s):

On behalf of the tenderer (duly authorized)

Date

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MBD 4

3. DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state1.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make

an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting

bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is

evaluating/adjudicating authority.

3.1 Full Name of bidder or his or her representative:.....................................................

3.2 Identity Number: ..............................................................................................

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

3.4 Company Registration Number: .........................................................................

3.5 Tax Reference Number:....................................................................................

3.6 VAT Registration Number: ..............................................................................

3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state

NB: PLEASE MARK THE APPLICABLE ANSWER

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

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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 director’s 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:

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

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

Full Name Identity Number State Employee Number

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

Signature Date

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

Capacity Name of Bidder

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MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

preference points for specific goals.

AND DIRECTIVES APPLICABLE IN RESPECT OF SPECIFIC GOALS, AS PRESCRIBED IN THE

PREFERENTIAL PROCUREMENT REGULATIONS, 2022.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes

included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes

included).

1.2 The value of this bid is estimated not to exceed R50 000 000 (all applicable taxes included) and

therefore the 80/20 preference point system shall be applicable.

1.3 Preference points for this bid shall be awarded for:

(a) Price; and

(b) Specific goals

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE 80

SPECIFIC GOALS OF CONTRIBUTION 20

exceed

1.5 Failure of a bidder to submit proof of specific goals claimed will be interpreted to mean that preference

points for specific goals are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any

purchaser.

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2. DEFINITIONS

(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance

fund contributions and skills development levies;

(b) “bid” means a written offer in the form determined by an organ of state in response to an invitation to

provide goods or services through price quotations, competitive tendering process or any other method

envisaged in legislation and “bid” has a corresponding meaning

(c) “comparative price” means the price after the factors of a non-firm price and all unconditional discounts

that can be utilized have been taken into consideration;

(d) “consortium or joint venture” means an association of persons for the purpose of combining their

expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

(e) “contract” means the agreement that results from the acceptance of a bid by an organ of state;

(f) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice issued in terms of

section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. );

(g) “Firm price” means the price that is only subject to adjustments in accordance with the actual increase

or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other

duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably

has an influence on the price of any supplies, or the rendering costs of any service, for the execution of

the contract;

(h) “non-firm prices” means all prices other than “firm” prices;

(i) “person” includes a juristic person;

(j) “QSE” means a Qualifying Small Enterprise as defines by Codes of Good Practice issued in terms of

section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 ( Act No. );

(k) “rand value” means the total estimated value of a contract in Rand, calculated at the time of the tender

invitation;

(l) “Reconstruction and Development Programme” the Reconstruction and Development Programme as

published in Government Gazette No. 16085 dated 23 November 1994;

(m) “specific goals” means specific goals as contemplated in section 2(1)(d) of the Act which may include

contracting with persons, or categories of persons, historically disadvantaged by unfair discrimination on

the basis of race, gender and disability including the implementation of programmes of the Reconstruction

and Development Programme as published in Government Gazette No. 16085 dated 23 November 1994;

(n) “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice;

(o) “trust” means the arrangement through which the property of one person is made over or bequeathed

to a trustee to administer such property for the benefit of another person; and

(p) “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order

for such property to be administered for the benefit of another person.

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(q) “Disability” means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory

function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the

range, considered normal for a human being.

(r) “tender for income-generating contracts” means a written offer in the form determined by an organ of

state in response to an invitation for the origination of income-generating contracts through any method

envisaged in legislation that will result in a legal agreement between the organ of state and a third party

that produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of

assets and concession contracts, excluding direct sales and disposal of assets through public auctions.

3. ADJUDICATION USING A POINT SYSTEM

scored the highest points for specific goals.

3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account

all factors of non-firm prices and all unconditional discounts;

highest number of preference points for specific goals.

lots.

4. POINTS AWARDED FOR PRICE

4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

Ps = 80{1- Pt-Pmin} or Ps = 90{1-Pt-Pmin}

Pmin Pmin

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

5. POINTS AWARDED FOR LEVEL OF CONTRIBUTION TOWARDS SPECIFIC GOALS

5.1 In terms of s2(b)(i) and (ii) of the Preferential Procurement Regulations Policy Framework Act, a preference

10 or 20 points may be allocated for specific goals as contemplated in s2(d) of the Act provided that the

lowest acceptable tender scores 90 or 80 points for price, respectively, in accordance with the table below:

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable, corresponding

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80/20 preference point system

(20 points) Claim Claimed

The specific goals allocated

(To be completed by the (20 points) (20 points) points in terms of this tender

Municipality (To be completed by the (To be completed by the

Municipality) tenderer)

The promotion of South African 20 Fully completed and

owned enterprise signed MBD 6.1 and Full

Central Suppliers Data

Base report (CSD) not

older than one month

90/10 preference point system

allocated points in terms

of this tender (10 points) Claim Claimed

(To be completed by the (10 points) (10 points)

Municipality) (To be completed by the (To be completed by the

Municipality) Tenderer)

5.3 If the municipality is of the view that a tenderer submitted false information regarding a specific goal, will —

(a) inform the tenderer accordingly; and

(b) give the tenderer an opportunity to make representations within 14 days as to why the tender may not be

disqualified or, if the tender has already been awarded to the tenderer, the contract should not be

terminated in whole or in part.

5.4 After considering the representations referred to in sub regulation (1)(b), the municipality may, if concludes that

such information is false—

(a) disqualify the tenderer or terminate the contract in whole or in part; and

(b) if applicable, claim damages from the tenderer.

6. SPECIFIC GOALS CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 5.1

Specific goals: = (maximum of 10 or 20 points)

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted?

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(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted......................................%

ii) The name of the sub-contractor....................................................................

iii) Whether the sub-contractor is an EME.

(Tick applicable box)

YES NO

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:........................................................................................

8.2 VAT registration number:.....................................................................................

8.3 Company registration number:..............................................................................

8.4 TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium

 One person business/sole propriety

 Close corporation

 Company

 (Pty) Limited

[TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

8.6 COMPANY CLASSIFICATION

 Manufacturer

 Supplier

 Professional service provider

 Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX]

8.7 MUNICIPAL INFORMATION

Municipality where business is situated: ...........................................................

Registered Account Number: ...............................

Stand Number: .......................................................

8.8 Total number of years the company/firm has been in business: .................................

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8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points

claimed, based on the specific goal declared in paragraph 6 , indicated in paragraph 7, qualifies the

company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in

paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the

claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of

contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s

conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to

make less favourable arrangements due to such cancellation;

(d) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and

directors who acted on a fraudulent basis, from obtaining business from any organ of state

for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule

has been applied; and

(e) forward the matter for criminal prosecution.

WITNESSES

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

1. ............................................ SIGNATURE(S) OF BIDDERS(S)

2. ........................................... DATE: .........................................

ADDRESS .........................................

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

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

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MBD 7.1

CONTRACT FORM - PURCHASE OF GOODS/WORKS

BIDDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR

THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE BIDDER)

1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents

to (name of institution).......................................... in accordance with the requirements and specifications

stipulated in bid number...................... at the price/s quoted. My offer/s remain binding upon me and open

for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid.

2. The following documents shall be deemed to form and be read and construed as part of this agreement:

(i) Bidding documents, viz

- Invitation to bid;

- Tax clearance certificate;

- Pricing schedule(s);

- Technical Specification(s);

- Preference claims for specific goals in terms of the Preferential Procurement Regulations 2022

- Declaration of interest;

- Declaration of bidder’s past SCM practices;

- Certificate of Independent Bid Determination;

- Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s)

quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover

all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my

own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on

me under this agreement as the principal liable for the due fulfilment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding

this or any other bid.

6. I confirm that I am duly authorised to sign this contract.

NAME (PRINT) .................................................

WITNESSES

CAPACITY .................................................

SIGNATURE ................................................. 1 ........................

NAME OF FIRM ................................................. ........................

DATE .................................................

DATE: .........................

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MBD 7.1

CONTRACT FORM - PURCHASE OF GOODS/WORKS

PART 2 (TO BE FILLED IN BY THE PURCHASER)

1. I............................................. in my capacity as...............................................

accept your bid under reference number ..................dated...........................for the supply of goods/works

indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating delivery instructions is forthcoming.

3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the

contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note.

PRICE (ALL

ITEM SPECIFIC GOALS

APPLICABLE BRAND DELIVERY PERIOD

NO. CLAIMED

TAXES INCLUDED)

4. I confirm that I am duly authorized to sign this contract.

SIGNED AT .............................................ON......................................

NAME (PRINT) ...........................................

SIGNATURE ...........................................

OFFICIAL STAMP WITNESSES

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

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

DATE ............................

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MBD 8

8. DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods

and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain

management system.

3 The bid of any bidder may be rejected if that bidder, or any of its directors have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed any

improper conduct in relation to such system;

b. been convicted for fraud or corruption during the past five years;

c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector

contract during the past five years; or

d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating

of Corrupt Activities Act (No ).

with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Yes No

Restricted Suppliers as companies or persons prohibited from doing business with the ☐ ☐

public sector?

(Companies or persons who are listed on this Database were informed in writing of this

restriction by the Accounting Officer/Authority of the institution that imposed the

restriction after the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s

website (www.treasury.gov.za) and can be accessed by clicking on its link at the

bottom of the home page.

4.1. If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms Yes No

of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of ☐ ☐

2004)?

The Register for Tender Defaulters can be accessed on the National Treasury’s

website (www.treasury.gov.za) by clicking on its link at the bottom of the home

page.

4.2. If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including a court of Yes No

law outside the Republic of South Africa) for fraud or corruption during the past five ☐ ☐

years?

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4.3. If so, furnish particulars:

Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal Yes No

charges to the municipality, or to any other municipality, that is in arrears for more ☐ ☐

than three months?

4.4. If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality or any other organ of state Yes No

terminated during the past five years on account of failure to perform on or comply with ☐ ☐

the contract?

4.7. If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) .......................................................

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME

SHOULD THIS DECLARATION PROVE TO BE FALSE.

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

Signature Date

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

Position Name of Bidder

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MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

________________________________________________________________________

(MnqumaLocal Municipality)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:___________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and

complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the

bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to

determine the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall

include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,

abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business as

the bidder.

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However communication between

partners in a joint venture or consortium3 will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the

products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or

indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the

contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive

practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission

for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition

Act No and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation

and or may be restricted from conducting business with the public sector for a period not exceeding ten (10)

years in terms of the Prevention and Combating of Corrupt Activities Act No or any other applicable

legislation.

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

Signature Date

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

Position Name of Bidder

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10.CONDITIONS OF TENDER

FAILING WHICH THIS TENDER SUBMISSION WILL BE DECLARED NON-RESPONSIVE.

10.1. No tender will be considered unless submitted on this Mnquma Local Municipality tender document.

10.2 Any portion of the tender document not completed will be interpreted as ‘not applicable’.

Notwithstanding the aforegoing, failure to complete any compulsory portion of the tender

document may result in the tender being declared non-responsive.

closing time, in the relevant tender box. If the tender submission is too large to fit in the allocated

box, please enquire at the reception for assistance.

10.4 The Mnquma Local Municipality reserves the right to accept:

a. 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 the Mnquma Local

Municipality is not obliged to accept the lowest or any tender;

b. a tender which is not substantially or materially different from the tender Specification.

10.5 The Mnquma Local Municipality shall not consider tenders that are received after the closing date

and time for such a tender.

10.6 The Mnquma Local Municipality will not be held responsible for any expenses incurred by

tenderers in preparing and submitting tenders.

10.7 The Mnquma Local Municipality may, after the closing date, request additional information or

clarification of tenders in writing.

10.8 A tenderer may request information, after the closing date, in accordance with the Promotion of

Administrative Justice Act, Act , and the Promotion of Access to Information Act,

Act .

10.9 A tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Such

withdrawal will be permitted or refused at the sole discretion of the Mnquma Local Municipality

after consideration of the reasons for the withdrawal, which shall be fully set out by the

tenderer in such written request for withdrawal.

9.10 A tender submitted:

a. by a registered company may not be considered unless accompanied by a resolution by the

Directors of the company authorising the tender to be made and the signatory to sign

the tender on the company’s behalf (Schedule 1 to be completed);

b. by a registered close corporation may not be considered unless accompanied by written

authority from all the members of the close corporation authorising the tender to be made and

the signatory to sign the tender on the close corporation’s behalf (Schedule 1 to be

completed);

c. by a partnership/consortium/joint venture may not be considered unless accompanied by

written authority from all parties to the partnership/consortium/joint venture authorising the

tender to be made and the signatory to sign the tender on the partnership/consortium/joint

venture’s behalf (Schedule 2 to be completed).

10.11 Partnerships/Consortiums/Joint Ventures

In the case of partnerships/consortiums/joint ventures, a copy of the partnership/consortium/joint

Mnquma Local Municipality Supplier Database.

10.12 Validity Period

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Any tender submitted shall remain valid, irrevocable and open for written acceptance by the

Mnquma Local Municipality for a period of 90 days from the closing date or for such extended

period as may be applicable.

The tender offer will not be withdrawn or amended during the aforesaid validity period. The aforesaid

validity period may be extended by the provided that the original validity period has not expired, and

that all tenderers are given an opportunity to extend such period. Any such extension shall be agreed

to by a tenderer in writing.

Tenderers 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.

In the event that an appeal in terms of the Systems Act , is received, the validity period of

the tender shall be deemed to be extended until finalisation of the appeal; unless the tenderer has

requested in writing that its tender be withdrawn. The provisions in respect of withdrawal as set out in

10.9 above will apply to such withdrawal.

10.13 Tax clearance

No award shall be made to a person whose tax matters have not been declared to be in order by the

South African Revenue Service (SARS).

where such tenderer is registered for income tax/VAT purposes.

It is the responsibility of each supplier (successful tenderer) to submit updated original tax clearance

certificates to the Supplier Management Office (in the Supply Chain Management department should

any current certificate expire during the contract period. Failure to do so may lead to the suspension

of transactions with the supplier until a valid tax clearance certificate is received by the Supplier

above.

10.14 Inducements, rewards, gifts and other abuses of the Supply Chain Management System

No person who is a provider or prospective provider of goods or services, or a recipient or prospective

recipient of goods disposed or to be disposed of, may directly or indirectly:

a. influence or interfere with the work of any Mnquma Local Municipality officials involved in

the tender process in order to inter alia:

- influence the process and/or outcome of a tender;

- incite breach of confidentiality and/or the offering of bribes;

- cause over- or under-invoicing;

- influence the choice of procurement method or technical standards;

- influence any Mnquma Local Municipality official in any way which may secure an unfair

advantage during or at any stage of the procurement process.

Abuse of the supply chain management system is not permitted and may result in the tender being

rejected, cancellation of the contract, ‘blacklisting’ and/or any such remedies as set out in the Mnquma

Local Municipality SCM Policy and Abuse Policy.

11. Declarations and authorization

to this tender document, failing which the tender may be declared non-responsive.

12. Alternative offers

Alternative tenders may be considered, provided that a tender free of qualifications and strictly in accordance

with the bid documents is also submitted. The MnqumaLocal Municipality shall not be bound to consider

alternative tenders.

13. Objections, Complaints, Queries and Disputes / Appeals in terms of Section 62 of the

Systems Act / Access to Court

Objections, complaints, queries and disputes

13.1 Persons aggrieved by decisions or actions taken by the MnqumaLocal Municipality in the

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implementation of the supply chain management system or any matter arising from a contract

awarded in terms of the supply chain management system may, within 14 days of the

decision or action, lodge a written objection or complaint or query or dispute against the

decision or action.

Section 62 Appeals

13.2 In terms of Section 62 of the Systems Act (Municipal Systems Act, Act ), a person

whose rights are affected by a decision taken by a political structure, political office bearer,

Board of directors or staff member of a MnqumaLocal Municipality in terms of a power

or duty delegated or sub-delegated by a delegating authority may appeal against that

decision by giving written notice of the appeal and reasons to the Accounting Officer

within 21 days of the date of the notification of the decision.

13.3 An appeal shall contain the following:

i. The reason and /or ground for the appeal.

ii. The way in which the appellant’s right have been affected ;

iii. The remedy sought by the appellant’s.

Access to court

The clauses above do not influence any person’s rights to approach the High Court at any time or

their rights in terms of the Promotion of Administrative Justice Act, Act (‘PAJA’), or the

Promotion of Access to Information Act, Act (‘PAIA’).

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11. GENERAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information; inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

14. Spare parts

15. Warranty

16. Payment

17. Prices

18. Contract amendments

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

34. Prohibition of restrictive practices

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General Conditions of Contract

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

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

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

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

incorporated by reference therein.

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

performance of his contractual obligations.

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

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

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

and encouraged to market its products internationally.

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

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

assembly of components, a commercially recognized new product results that is substantially different in basic

characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the contract or

order.

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

1.9 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot

or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all

risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

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

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

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

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

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

freight embargoes.

1.11 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process

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

(prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to

deprive the bidder of the benefits of free and open competition.

1.12 “GCC” means the General Conditions of Contract.

supply to the purchaser under the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts

or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and

which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing

costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well

as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will

be manufactured.

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

provided that local manufacture does take place.

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

machinery and includes other related value-adding activities.

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