Supply and delivery of landscaping equipment

Mnquma Local Municipality hereby invites bids from all prospective accredited and qualifying service provider for the

hereunder project:

BID NO. Description Evaluation Criteria Closing Date

SCM/MLM/35/26-27 Supply And Delivery of 80/20 Date: 31/08/2026

Landscaping Equipment for Bravo

Projects (Pty) Ltd Time: 12:00

All enquiries must be directed to the following email addresses:

Technical Enquiries: Mr X. Hlati (Manager: SED) at 047 050 1449/083 757 4980 email: [email protected] and Mrs.

Y Mqingwana (Manager: SCM) at (047) 050 1156 email: [email protected].

Evaluation criteria: The evaluation of the bids will be conducted in two (02) stages namely:

Stage 1: Administration compliance

Bidders that do not meet the Administration compliance (Compliance with mandatory and other bid requirements) will not

be eligible for further evaluation and will be deemed as non-responsive.

Stage 2: Evaluation in terms of the 80/20 preference point systems prescribed in Preferential Procurement Regulations

2022

Price=80 points,

Specific goals =20 points

Specific Goals Points Proof Required to score points

The specific goals allocated points in

20 points

terms of this tender

An EME or QSE which is at least 51% 10 Fully completed signed MBD 6.1

owned by black people and Full Central Suppliers Data

Base report (CSD) not older than

one month

The promotion of enterprises located in 10 Municipal Rates or Municipal

Mnquma Local Municipality area Confirmation letter or Lease

Agreement to where the business

is domiciled.

NB: No points will be claimed by the bidder if it fails to submit proof required to score points for specific goals.

Closing date: 31 August 2026

Closing time: 12H00

No compulsory briefing or site visit is mentioned in the document.

SCM enquiries: Mrs Y Mqingwana, Manager: Supply Chain Management, tel 047 050 1156, email [email protected] (also listed as [email protected] on MBD 1).

Technical enquiries: Mr X Hlati, Manager: SED, tel 047 050 1449 / 083 757 4980, email [email protected].

Submission address: Mnquma Local Municipality, No 61 Blyth Street, Rev Tiyo Soga Building, Butterworth 4960.

Submission method: hand-delivered to the bid box at Mnquma Local Municipality, No 61 Blyth Street, Rev Tiyo Soga Building, Butterworth 4960. The bid box is accessible 24 hours a day, 5 days a week.

Closing date and time: 31 August 2026 at 12H00. Late, couriered, faxed or emailed tenders will not be accepted.

Tenders must be in a sealed envelope endorsed with the bid number (SCM/MLM/35/26-27) and project name.

Only original tender documents are accepted; do not re-type or reproduce the document. Initial every page.

Returnable forms (all must be completed, signed and submitted): MBD 1 (Invitation to Bid), MBD 2 (Tax Clearance), MBD 3.1 and MBD 3.3 (Pricing Schedule and Specification), MBD 4 (Declaration of Interest), MBD 6.1 (Preference Points Claim), MBD 7.1 (Contract Form), MBD 8 (Past SCM Practices), MBD 9 (Certificate of Independent Bid Determination).

Mandatory supporting documents: full CSD report not older than one month; valid Tax Compliance Status PIN or printed TCS certificate; certified company registration (CK) and certified ID copies of directors not older than six months; municipal rates/taxes clearance or lease agreement proving business domicile in Mnquma Local Municipality (for specific-goal points); signed joint venture/consortium agreement with all parties registered on CSD (if applicable); Authority to Sign / Board Resolution authorising the signatory.

Offer validity: 90 days from closing date.

Disqualification risks: missing or unsigned returnable forms; late submission; incomplete or illegible entries; fraudulent information (blacklisting for five years); bidder or director in service of the state; outstanding municipal rates/taxes > three months; listed on National Treasury Database of Restricted Suppliers or Register of Tender Defaulters.

Returnable documents (all must be completed in full, signed in non-erasable ink, and submitted with the tender):

• MBD 1: Invitation to Bid (signed offer cover page).
• MBD 2: Tax Clearance Certificate Requirements (submit TCS PIN/original TCC).
• MBD 3.1: Pricing Schedule – Firm Prices.
• MBD 3.3: Pricing Schedule and Specification (priced bill of quantities).
• MBD 4: Declaration of Interest.
• MBD 6.1: Preference Points Claim Form.
• MBD 7.1: Contract Form – Purchase of Goods/Works (successful bidder).
• MBD 8: Declaration of Bidder's Past SCM Practices.
• MBD 9: Certificate of Independent Bid Determination.
• Schedule 1: Resolution of Directors/Members (Authority to Sign).
• Schedule 2: Certificate of Authority for Partnerships/Consortiums/Joint Ventures.
• Schedule 3: List of Other Documents Attached by Tenderer.
• Annexure A: Detailed Specification (for reference/confirmation).
• Annexure B: Past Experience.
• Annexure C: Joint Venture Disclosure Form (if applicable).
• Annexure D: Company Composition.
• Annexure E: Bid Check List.
• Full CSD report ≤ 1 month.
• Valid TCS PIN or original TCC.
• Certified company registration and director IDs ≤ 6 months.
• Municipal rates/taxes clearance or lease agreement (for locality points).
• Joint venture agreement + CSD proof for all parties (if applicable).

Two-stage evaluation:

Stage 1 — Administrative compliance: verification of all mandatory returnable forms, supporting documents, and eligibility criteria. Non-compliant bids are non-responsive and excluded.

Stage 2 — 80/20 preference point system (bid value ≤ R50 million): Price = 80 points; Specific goals = 20 points.

Specific goals and required proof:

• 10 points: EME or QSE at least 51% black-owned — fully completed signed MBD 6.1 and full CSD report not older than one month.
• 10 points: Enterprise located in Mnquma Local Municipality — municipal rates/taxes confirmation letter or lease agreement showing business domicile.

Failure to submit the required proof for a specific goal means zero points for that goal.

Price points calculated per PPPFA 2022 formula (Ps = 80{1 - (Pt - Pmin)/Pmin}).

Tie-break: highest specific-goal points; if still tied, drawing of lots.

Supply and delivery of the following landscaping equipment (quantities shown) to Bravo Projects (Pty) Ltd:

• Petrol Lawn Mower VX200 — 1 unit
• Brush cutter (petrol) — 3 units
• Leaf blower (petrol) — 1 unit
• Cordless Hedge Trimmer — 2 units
• Chainsaw/Tree cutter (petrol) — 2 units
• Pressure washer (electric powered) — 2 units
• Pole saw for high branches (petrol) — 1 unit
• 20 m Garden Hose with Retractable reel — 1 unit
• Lawn Smooth Roller 800 mm — 1 unit
• Spike Lawn Roller 500 mm — 1 unit
• Weed remover (battery operated) — 1 unit
• Tree Cutter Chain Sharpener — 1 unit

All prices must be firm, inclusive of VAT (15%), customs/excise duties, transport, overheads and all other costs to the delivery destination. Bidders must indicate brand, model, country of origin and expected delivery date. Strict delivery dates will be observed; penalties apply for late delivery (refer to GCC clause 22.1). Detailed specification in Annexure A.

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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A Annexure A – Detailed Specification 40

B Annexure B – Past Experience 43

C Annexure C – Joint Venture Disclosure Form 44

D Annexure D – Company Composition 45

E Annexure E – Bid Check List 46

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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.

20 points

terms of this tender

An EME or QSE which is at least 51% 10 Fully completed signed MBD 6.1

owned by black people and Full Central Suppliers Data

Base report (CSD) not older than

one month

The promotion of enterprises located in 10 Municipal Rates or Municipal

• The award of the tender may be subjected to price

NB: If bidder submits fraudulent information the bidder

negotiation with the preferred tenderers.

will be blacklisted for five years

• The municipality reserves the right to extend the

tender period by notice in the press and on theOBTAINING OF TENDER DOCUMENTS:

municipality’s official website www.mnquma.gov.za

NB: Preferred bidders will be required to furnish theTender documents for this project are downloadable at

municipality with:the municipal website: www.mnquma.gov.za and on

▪ CK/ Company registration, Certified ID Copies noteTender portal: https://etenders.treasury.gov.za/

later than 06 months

▪ Tax Compliance Status PINTENDER SUBMISSION AND OPENING

▪ Certificate issued by the municipality or any other

municipality to which he may be indebted to theTenders/Proposals must be submitted by hand to a Bid

effect that he and, in the event of the bidder being a

Box at Mnquma local municipality, No 61 Blyth Street, company, also any of its directors, is not indebted to

the municipality or any other municipality orRev Tiyo Soga Building, Butterworth. 4960

municipal entity for rates, taxes and/or municipal

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

Mbd 3.3

3.1 Pricing schedule and specification

(Section 2)

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)

allocated points in (20 points) (20 points)

terms of this tender (To be completed by the (To be completed by the

Municipality) tenderer)

An EME or QSE which 10 Fully completed signed

is at least 51% owned MBD 6.1 and Full Central

by black people Suppliers Data Base report

(CSD) not older than one

month

The promotion of 10 Municipal Rates or

enterprises located in Municipal Confirmation

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?

4.4.1 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?

4.7.1 If so, furnish particulars:

Pricing format: firm prices only (no price variation clauses). Submit on MBD 3.1 and MBD 3.3 pricing schedules; all prices in RSA currency, inclusive of VAT and all applicable taxes.

Total bid price to be stated on the Form of Offer (MBD 3.3).

No bid security, performance bond or guarantee percentage is specified in the document.

Payment terms: per GCC clause 16 — payment within 30 days of receipt of invoice accompanied by delivery note.

Preferred bidders may be subject to price negotiation.

Bidders must not owe municipal rates/taxes/service charges in arrears > three months to any municipality; municipal clearance certificate or confirmation letter required.

No minimum turnover or financial capacity threshold is stated.

Mandatory registrations and status:

• Central Supplier Database (CSD) registration — full CSD report not older than one month.
• Tax compliance: valid Tax Compliance Status PIN (TCS) or original Tax Clearance Certificate (TCC); each JV/consortium party must submit separate TCS/PIN/CSD number.
• Company registration (CIPC/CK) with certified ID copies of directors (not older than six months).
• Not in service of the state (as defined in MSCM Regulations); no director/shareholder listed on National Treasury Database of Restricted Suppliers or Register of Tender Defaulters.
• No municipal rates/taxes arrears > three months; municipal confirmation letter required.
• No conviction for fraud/corruption in past five years; no contract terminated for non-performance in past five years.

Specific-goal compliance (for points):

• 51% black-owned EME/QSE — MBD 6.1 + current CSD report.
• Business domiciled in Mnquma Local Municipality — municipal rates/taxes letter or lease agreement.

Returnable forms (compressed):

• MBD 1: Invitation to Bid — signed offer cover page with bidder details.
• MBD 2: Tax Clearance Certificate Requirements — submit TCS PIN/original TCC.
• MBD 3.1: Pricing Schedule – Firm Prices.
• MBD 3.3: Pricing Schedule and Specification (includes priced bill of quantities).
• MBD 4: Declaration of Interest — discloses state employment/relationships.
• MBD 6.1: Preference Points Claim — claims specific-goal points with proof.
• MBD 7.1: Contract Form – Purchase of Goods/Works (successful bidder).
• MBD 8: Declaration of Past SCM Practices — confirms no restrictions/terminations.
• MBD 9: Certificate of Independent Bid Determination — certifies no collusion.
• Authority to Sign / Board Resolution (Schedule 1/2) — authorises signatory.
• Joint Venture Disclosure Form (Annexure C) and Company Composition (Annexure D) if applicable.

Petrol Lawn Mower VX200 01

Brush cutter – petrol 03

Leaf blower – petrol 01

Cordless Hedge Trimmer 02

Chainsaw/Tree cutter – petrol 02

Pressure washer – electric powered 02

Pole saw (for high branches) – petrol 01

20m Garden Hose with Retractable reel 01

Lawn Smooth Roller 800mm 01

Spike Lawn Roller 500mm 01

Weed remover-battery operated 01

Tree Cutter Chain Sharpener 01

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

contractor may be required to furnish documentary proof to the satisfaction of the purchaser that 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.

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

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.

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.

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3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense

incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may

be charged.

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

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

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

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

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.

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Mnquma local municipality

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.

1.13 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to

supply to the purchaser under the contract.

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

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

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

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

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

be manufactured.

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

provided that local manufacture does take place.

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

machinery and includes other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

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

the contract.

1.25 Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

2. Application

2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and

professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable

property, unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or

works.

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Mnquma local municipality

2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions

shall apply.

3. General

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense

incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may

be charged.

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

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

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

4. Standards

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

5. Use of contract documents and information; inspection.

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 document or

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

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

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

the contract if so required by the purchaser.

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

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

6. Patent rights

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark,

or industrial design rights arising from use of the goods or any part thereof by the purchaser.

7. Performance security

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 bidding documents or another form

acceptable to the purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than

thirty (30) days following the date of completion of the supplier’s performance obligations under the contract,

including any warranty obligations, unless otherwise specified in SCC.

8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder.

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

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

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Mnquma local municipality

Description Invitation to Tender MBD 1 3

1.2 Advert and Specification 4-5

1.3 Supplier Details 6

2 Tax Clearance Requirements MBD 2 7

2.1 SARS Application for TCC MBD 2 8

3 & 3.1 Price Schedule MBD 3 and Specification MBD 3.3 9 - 11

3.2 Tender Offer 12

4 Declaration – Conflict of Interest MBD 4 13-14

6 Preferential Points Schedule MBD 6.1 15-21

7.1 Contract Form – Rendering of Goods/Works MBD 7.1 22-23

8 Declaration of Tenderer’s Past Supply Chain Management Practices MBD 8 24-25

9 Certificate Of Independent Bid Determination MBD 9 26

10 Conditions of Tender 27-29

11 General Conditions Of Contract 30-38

with: than three months and that no dispute exists

between such bidder and municipality or municipal

BID NO. SCM/MLM/35/26-27 entity concerned in respect of any such arrear

amounts. Bidders who reside within the Mnquma

PROJECT NAME: SUPPLY AND DELIVERY OF Local Municipality (MLM) jurisdiction will be verified

NO. **(all applicable taxes included)

• Required by: .......................................

• At: ........................................

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

• Brand and Model ........................................

• Country of Origin ........................................

Nb: please mark the applicable answer

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

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

• Period required for delivery ........................................

*Delivery: Firm/Not firm

• Delivery basis ...........................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

** “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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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)

(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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(i) Bidding documents, viz

• Invitation to bid;
• Tax clearance certificate;
• Pricing schedule(s);
• Technical Specification(s);
• Preference claims for Broad Based Black Economic Empowerment Status Level of

Contribution in terms of the Preferential Procurement Regulations 2011;

• 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.

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.

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

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

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,

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.

1.13 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to

supply to the purchaser under the contract.

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

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

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

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

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

be manufactured.

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

provided that local manufacture does take place.

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

machinery and includes other related value-adding activities.

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

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

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

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

the contract.

1.25 Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark,

or industrial design rights arising from use of the goods or any part thereof by the purchaser.

7.1 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 bidding documents or another form

acceptable to the purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than

thirty (30) days following the date of completion of the supplier’s performance obligations under the contract,

including any warranty obligations, unless otherwise specified in SCC.

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.

BID NO. Description Evaluation Criteria Closing Date

SCM/MLM/35/26-27 Supply And Delivery of 80/20 Date: 31/08/2026

Evaluation criteria: The evaluation of the bids will be conducted in two (02) stages namely

Stage 1: Administration compliance

be eligible for further evaluation and will be deemed as non-responsive.

Stage 2: Evaluation in terms of the 80/20 preference point systems prescribed in Preferential Procurement Regulations

Price=80 points,

Specific goals =20 points

Specific Goals Points Proof Required to score points

The specific goals allocated points in

NB: No points will be claimed by the bidder if it fails to submit proof required to score points for specific goals.

preference points for specific goals.

And directives applicable in respect of specific goals, as prescribed in the

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

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

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

1.3 Preference points for this bid shall be awarded for

(b) Specific goals

1.4 The maximum points for this bid are allocated as follows

Specific goals of contribution 20

Total points for Price and Specific Goals must not 100

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.

time subsequently, to substantiate any claim in regard to preferences, in any manner required by the