Lease of erf a portion of farm 5, bon marque fitness club for polokwane municipality

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{"name":"Mr. Mantlako Sebaka CONTACT PERSON","email":"[email protected]","phone":"015 290 2751","department":"SCM CONTACT PERSON Mr. Mantlako Sebaka","address":"........................................."}

Returnable Documents:  A valid Central Supplier Database Number (CSD),  Submission of a Joint Venture Agreement, where applicable, which has been properly,  Proof of payment of municipal rates and taxes or letter from tribal authority or valid lease, (Attach of identity Document, if bidder is a Sole Proprietor and/or partners in partnership), person signing does so, whether by Articles of Association, Resolution, Power of Attorney

Bids will be disqualified if: pages are removed from the bid document; the bid is completed in pencil; the bidder attempts to influence the evaluation; the bid is submitted late; the bidder has failed to perform satisfactorily on a previous contract in the last five years; the bidder or any director is in the service of the state; the bidder is listed on the Register of Bid Defaulters; the bidder has abused the municipality's supply chain management system; or the bidder fails to complete and sign the certificate of independent determination. Bidders must not be persons in the service of the state. Bidders must not have outstanding municipal rates and taxes in arrears for more than three months. Bidders must not have been convicted of fraud or corruption in the past five years.

supply chain management

system.

9. Failure to complete and sign the certificate of independent determination or disclosure of wrong

information.

Failure to comply with the above will lead to immediate disqualification.

“Polokwane Municipality is committed to maintaining the highest standards of honesty, integrity

and ethical conduct and has adopted a zero tolerance to fraud and corruption. Thus, Polokwane

municipality urges all stakeholders and potential service

corner Bodenstein and Landdros Mare Street not later than 10:00 on 21 September 2026

An official and compulsory briefing session will be held on Friday 31 August 2026 @10h00, New Peter Mokaba Stadium

Complex, Executive Lounge 1st Floor 2025 at 10:00. Bidders are requested to meet at the New Peter Mokaba Stadium

Complex, Executive Lounge, 1st Floor after we proceed to site inspection

The Bid box is generally open 24 hours, 7 days a week.

Completed Bid document, fully priced and signed must be sealed in an envelope marked “ Bid number and Bid

description”

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

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

be subject to inspections, tests and analyses, the bidder or contractor’s premises shall be open,

at all reasonable hours, for inspection by a representative of the purchaser or organization

acting on behalf of the purchaser.

8.3 If there are no inspections requirements indicated in the bidding documents and no mention is

carried out, the purchaser shall itself make the necessary arrangements, including payment

arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2and 8.3 show the goods to be in

accordance with the contract requirements, the cost of the inspections, tests and analyses shall

be defrayed by the purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract

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

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

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply with

the contract requirements may be rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be

rejected if found not to comply with the requirements of the contract. Such rejected goods shall

be held at the cost and risk of the supplier who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with goods, which do comply with the

requirements of the contract. Failing such removal the rejected goods shall be returned at the

suppliers cost and risk. Should the supplier fail to provide the substitute goods forthwith, the

purchaser may, without giving the supplier further opportunity to substitute the rejected goods,

purchase such goods as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the

contract on account of a breach of the conditions thereof, or to act in terms of Clause 22 of

 The bid must be properly received in a sealed envelope clearly indicating the description of

the service and the bid number for which the bid is submitted.

 The bid must be deposited in the relevant bid box as indicated on the notice of the bid on or

before the closing date and time of the bid.

 A valid Central Supplier Database Number (CSD)

 Bid forms must be completed in full and each page of the bid initialed.

 Submission of a Joint Venture Agreement, where applicable, which has been properly

signed by all parties.

 Proof of payment of municipal rates and taxes or letter from tribal authority or valid lease

agreement must be attached.

 Complies with the requirements of the bid and technical specifications.

 Adheres to Pricing Instructions.

 Financial ability to execute contact

 Comply in full and observe the requirements of the Notice to Bidders

of its directors has:

a) The person committed a corrupt or fraudulent act during the procurement process or

in the execution of the contract, or

b) An official or other role player committed any corrupt or fraudulent act during the

procurement process or in the execution of the contract that benefited that person.

c) Failed to pay municipal rates and taxes or municipal service charges and such rates,

taxes and charges are in arrears for more than three months;

d) Failed, during the last five years, to perform satisfactorily on a previous contract with

the Polokwane Municipality or any other organ of State after written notice was given

to that bidder that performance was unsatisfactory;

e) Abused the supply chain management system of the Municipality or have committed

any improper conduct in relation to this system;

f) Been convicted of fraud or corruption during the past five years;

g) Willfully neglected, reneged on or failed to comply with any government, municipal or

other public sector contract during the past five years; or

h) Been listed in the Register for Tender Defaulters in terms of section 29 of the

Prevention and Combating of Corrupt Activities Act (No. ) or has been

listed on National Treasury’s database as a person prohibited from doing business

with public sector.

Form “a”

Bid no:pm14-26/27

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and

Other such levies imposed outside the purchaser’s country. 32.2 A local supplier shall be

entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the

contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to

the award of a bid SARS must have certified that the tax matters of the preferred bidder are in

order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and

municipal services charges are in arrears.

TAX COMPLIANCE STATUS TCS PIN: OR CSD No

Tax compliance requirements

Tax compliance status (tcs) certificate or pin may also be made via e-filing

Tax compliance status system pin code from the south african revenue service (SARS) and if not

TCS PIN: OR CSD No

Csd number

Csd number must be provided

Central supplier database (csd),

Central Supplier Database Number (CSD)

Joint Venture Agreement, where applicable, which has been properly

Power of Attorney

Mbd 3.1 Schedule of prices

Mbd 6.1 Preferential procurement form

Mbd 4 declaration of interest

Mbd 5 declaration for procurementabove r10 million

Mbd 8 declaration of bidder’s past supply chain management

Mbd 9 certificate of independent dib determination

Bid descriptions: lease of remaining extent of erf a portion of the

Bids are hereby invited for the LEASE OF REMAINING EXTENT OF ERF A PORTION OF THE

(Attach of identity Document, if bidder is a Sole Proprietor and/or partners in partnership)

person signing does so, whether by Articles of Association, Resolution, Power of Attorney

Very important notice on disqualifications

 A valid Central Supplier Database Number (CSD)

 Submission of a Joint Venture Agreement, where applicable, which has been properly

 Proof of payment of municipal rates and taxes or letter from tribal authority or valid lease

2. Tax compliance requirements

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-filing.

Submit a separate tcs certificate / pin / csd number.

2.7 Where NO tcs is available but the bidder is registered on the central supplier database (csd),

A csd number must be provided.

Points Allocation: 80 points

B-BBEE Details: S BON MARQUE FITNESS CLUB

For a period of nine (9) years and 11 months

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it

will not be accepted for consideration.

This bid is subject to the, preferential procurement policy framework act

And the preferential procurement regulation, 2022, and the general

Conditions of contract (gcc) and, if applicable, any other special

Conditions of contract.

The Municipality shall adjudicate and award bids in accordance with preference points of

80/20-point system, 80 points for the price and 20 points for specific goals. Prospective

bidders must accept that the bid will be adjudicated, according to the said legislation. Bids

will remain valid for 90 (ninety) days. The Council also reserves the right to negotiate further

conditions and requirements with the successful bidder

N.B: NO bids will be considered from persons in the service of the state [as

Defined in regulation 1 of the local government: municipal supply chains

Management regulations]

Ms. Thuso nemugumoni

City manager

Civic centre

Landdros mare street

Responsiveness and evaluation criteria

Polokwane municipality will consider NO bid unless its meets the

Following responsiveness criteria

 The bid must be properly received in a sealed envelope clearly indicating the description of

the service and the bid number for which the bid is submitted.

 The bid must be deposited in the relevant bid box as indicated on the notice of the bid on or

before the closing date and time of the bid.

 A valid Central Supplier Database Number (CSD)

 Bid forms must be completed in full and each page of the bid initialed.

 Submission of a Joint Venture Agreement, where applicable, which has been properly

signed by all parties.

12. “Closing time” means the date and hour specified in the bid documents for the receipt of

bids.

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

service in accordance of the accepted bid or price quotation.

14. “Written” or “in writing,” means hand written in ink or any form of mechanical writing in

printed form.

15. “Highest acceptable tender” Means a tender that complies with all specifications and

conditions of tender and that has the highest price compared to other tenders

16. “Historically Disadvantaged Individual (HDI)” means a South African Citizen (1) who, due

to the apartheid policy that had been in place, had no franchise in national elections prior to

the introduction of the Constitution of the Republic of South Africa, 1983 (Act No )

or the Constitution of the Republic of South Africa, 1993 (Act No ) (“the Interim

Constitution”); and/or (2) Who is a female; and /or (3) Who has a disability; Provided that a

person who obtained South African citizenship on or after the coming to effect of the Interim

Constitution, is deemed not to be an HDI;

17. “Lowest acceptable offer” Means a tender that complies with all specifications and

conditions of tender and that has lowest price compared to other tenders

18. “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

19. “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

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

bids

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

as recorded in the contract form signed by the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

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

proper performance of his contractual obligations.

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

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

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

government and encouraged to market its products internationally.

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

from which the services are supplied. Goods are produced when, through manufacturing,

processing or substantial and major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or in purpose or utility from

its components.

1.7 “Day” means calendar day.

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

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

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

specified store or depot or on the specified site in compliance with the conditions of the

contract or order, the supplier bearing all risks and charges involved until the goods are so

delivered and a valid receipt is obtained.

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

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

nonrefundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news media and on the

municipality/municipal entity website.

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 GC 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.

21.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should

encounter conditions impeding timely delivery of the goods and performance of services, the

supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration

and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser

shall evaluate the situation and may at his discretion extend the supplier’s time for

performance, with or without the imposition of penalties, in which case the extension shall be

ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the goods are required, or the supplier’s services are not

readily available. 21.4 Except as provided under GCC Clause 25, a delay by the supplier in

the performance of its delivery obligations shall render the supplier liable to the imposition of

penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to

GCC Clause 22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser

shall, without cancelling the contract, be entitled to purchase goods of a similar quality and up

to the same quantity in substitution of the goods not supplied in conformity with the

contract and to return any goods delivered later at the supplier’s expense and risk, or to

cancel the contract and buy such goods as may be required to complete the contract and

without prejudice to his other rights, be entitled to claim damages from the supplier.

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or

certified mail and any other notice to him shall be posted by ordinary mail to the address

furnished in his bid or to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid

notice has been given, shall be reckoned from the date of posting of such notice.

On the date that the advertisement appears in the Municipality’s Tender Bulletin, and or

media, prospective bidders may request copies of the tender documentation.

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the

most recent or current models, and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that all

goods supplied under this contract shall have no defect, arising from design, materials, or

workmanship (except when the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may develop under normal

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

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

as the case may be, have been delivered to and accepted at the final destination indicated in

the contract, or for eighteen (18) months after the date of shipment from the port or place of

loading in the source country, whichever period concludes earlier, unless specified otherwise.

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

warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to the

purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified,

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

supplier’s risk and expense and without prejudice to any other rights which the purchaser may

have against the supplier under the contract.

16. Payment

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

be specified.

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

Delivery note and upon fulfillment of other obligations stipulated in the contract. 16.3

Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days

after submission of an invoice or claim by the supplier.

16.3 Payment will be made in Rand unless otherwise stipulated.

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the contract

shall not vary from the prices quoted by the supplier in his bid, with the exception of any price

adjustments authorized or in the purchaser’s request for bid validity extension, as the case

may be.

18. Variation orders

18.1 In cases where the estimated value of the envisaged changes in purchase does not vary

more than 15% of the total value of the original contract, the contractor may be instructed to

deliver the goods or render the services as such. In cases of measurable quantities, the

contractor may be approached to reduce the unit price, and such offers may be accepted

provided that there is no escalation in price.

19.Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract,

except with the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contracts if not already specified in the bid. Such notification, in the original bid or later, shall

not relieve the supplier from any liability or obligation under the contract.

21. Delays in the performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should

encounter conditions impeding timely delivery of the goods and performance of services, the

supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration

and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser

shall evaluate the situation and may at his discretion extend the supplier’s time for

performance, with or without the imposition of penalties, in which case the extension shall be

ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the goods are required, or the supplier’s services are not

readily available. 21.4 Except as provided under GCC Clause 25, a delay by the supplier in

the performance of its delivery obligations shall render the supplier liable to the imposition of

penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to

GCC Clause 22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser

shall, without cancelling the contract, be entitled to purchase goods of a similar quality and up

to the same quantity in substitution of the goods not supplied in conformity with the

contract and to return any goods delivered later at the supplier’s expense and risk, or to

cancel the contract and buy such goods as may be required to complete the contract and

without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

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

the services within the period(s) specified in the contract, the purchaser shall, without

prejudice to its other remedies under the contract, deduct from the contract price, as a

penalty, sum calculated on the delivered price of the delayed goods or unperformed

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

The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice

of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the

contract, or within any extension thereof granted by the purchaser pursuant to

GCC Clause 21.2;

(b) If the supplier fails to perform any other obligation(s) under the contract; or

(c) If the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent

practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may

procure, upon such terms and in such manner, as it deems appropriate, goods, works o

service similar to those undelivered, and the supplier shall be liable to the purchaser for any

excess costs for such similar goods, works or services. However, the supplier shall continue

performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to

impose a restriction penalty on the supplier by prohibiting such supplier from doing business

with the public sector for a period not exceeding 10 years. 23.4 If a purchaser intends

imposing a restriction on a supplier or any person associate time period of not more than

fourteen (14) days to provide reasons why the envisaged restriction should not be imposed.

Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may

regard the supplier as having no objection and proceed with the restriction.

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

purchaser, also be applicable to any other enterprise or any partner, manager, director or

other person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first- mentioned person, and with which enterprise or person the firstmentioned person, is or was in the opinion of the purchaser actively associated.

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

furnish the National Treasury, with the following information:

(i) The name and address of the supplier and / or person restricted by the purchaser;

(ii) The date of commencement of the restriction

(iii) The period of restriction; and

(iv) The reasons for the restriction.

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

prohibited from doing business with the public sector.

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

Prevention and Combating of Corrupt Activities Act, No. , the court may also rule

that such person’s name be endorsed on the Register for Tender Defaulters. When a

person’s name has been endorsed on the Register, the person will be prohibited from doing

business with the public sector for a period not less than five years and not more than 10

years. The National Treasury is empowered to determine the period of restriction and each

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

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

24. Antidumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or anti-dumping or

countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or

countervailing right is increased in respect of any dumped or subsidized import, the State is

not liable for any amount so required or imposed, or for the amount of any such increase.

When, after the said date, such a provisional payment is no longer required or any such antidumping or countervailing right is abolished, or where the amount of such provisional payment

or any such right is reduced, any such favourable difference shall on demand be paid forthwith

by the supplier to the purchaser or the purchaser may deduct such amounts from moneys (if

any) which may otherwise be due to the supplier in regard to goods or services which he

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

or any other amount which may be due to him.

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for

forfeiture of its performance security, damages, or termination for default if and to the extent

that his delay in performance or other failure to perform his obligations under the contract is

the result of an event of force majeure.

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

such condition and the cause thereof. Unless otherwise directed by the purchaser in writing,

supplier shall continue to perform its obligations under the contract as far as is reasonably

practical, and shall seek all reasonable alternative means for performance not prevented by

the force majeure event.

26. Termination for insolvency

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

the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without

compensation to the supplier, provided that such termination will not prejudice or affect any

right of action or remedy, which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort to

resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the purchaser or the supplier may give notice to the other

party of his intention to commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party. 27.3 Should it not be possible to

settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) The parties shall continue to perform their respective obligations under the contract

Unless they otherwise agree; and

(b) The purchaser shall pay the supplier any monies due the supplier for goods delivered and /

or services rendered according to the prescripts of the contract.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement

pursuant to Clause 6;

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

any indirect or consequential loss or damage, loss of use, loss of production, or loss of

profits or interest costs, provided that this exclusion shall not apply to any obligation of the

supplier to pay penalties and/or damages to the purchaser; and

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

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

not apply to the cost of repairing or replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents pertaining

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

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise

specified.

31. Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or

certified mail and any other notice to him shall be posted by ordinary mail to the address

furnished in his bid or to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid

notice has been given, shall be reckoned from the date of posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and

Other such levies imposed outside the purchaser’s country. 32.2 A local supplier shall be

entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the

contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to

the award of a bid SARS must have certified that the tax matters of the preferred bidder are in

order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and

municipal services charges are in arrears.

33. Transfer of contracts

33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof

without the written permission of the purchaser

34. Amendment of contracts

34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend or vary is

entered into in writing and signed by the contracting parties. Any waiver of the requirement

that the agreement to amend or vary shall be in writing, shall also be in writing.

35. Prohibition of restrictive practices

35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an

agreement between, or concerted practice by, firms, or a decision by an association of firms,

is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is / are or a

contractor(s) was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the

Purchaser has / have engaged in the restrictive practice referred to above, the purchaser may

refer the matter to the Competition Commission for investigation and possible imposition of

administrative penalties as contemplated in section 59 of the Competition Act No 89 0f 1998.

35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of

the restrictive practice referred to above, the purchaser may, in addition and without prejudice

to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or

terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from

conducting business with the public sector for a period not exceeding ten (10) years and / or

claim damages from the bidder(s) or contractor(s) concerned.

Form “d”

General procedures

1 General Directives

2.1 The following general procedures contained in this document have been laid down by the Council

and are applicable to all bids, orders and contracts, unless otherwise approved by the Council

prior to the invitation of the bids.

2.2 Where applicable, special conditions or procedures are also laid down by the Council to cover

specific supplies or services.

2.3 Where such special conditions or procedures are in conflict with the general conditions and

procedures, the special conditions or procedures shall apply.

2.4 The bidder shall satisfy himself/herself with the conditions and circumstances of the bid. By

bidding, the bidder shall deem to have satisfied himself/herself as to all the conditions and

circumstances of the bid.

2.5 Formal contract are concluded with the contractors only where this requirement is stated in the

bid invitation.

2.6 All bids with regard to the bidding of a service e.g. materials, cleaning services; professional

services, etc. shall be subject to the negotiation of a Service Level agreement between the

successful contractor and the Municipality. The acceptance of this Service Level Agreement is

subject to the approval by the Council of the Municipality.

2.7 The written acceptance of bid shall be posted to the bidder or contractor concerned by registered

or certified mail.

2 Issuing of bid documents

On the date that the advertisement appears in the Municipality’s Tender Bulletin, and or

media, prospective bidders may request copies of the tender documentation.

The Supply Chain Management Unit will keep a register and potential bidders should sign

for receipt of the bid documentation. If a fee is payable, an official receipt must be issued

before the bid document is handed to the bidder.

No bid responses from any bidder should be accepted if sent via the Internet, e-mail or fax.

Only the Supply Chain Management Unit will have direct communication between the

potential bidders and will facilitate all communication between potential bidders and the

Municipality with regard to any advertised bid. No line function staff should be allowed to

Mbd 9 certificate of independent dib determination

Annexure “b” certificate for municipal services and payments

Annexure “c” authorisation for deduction of outstanding amounts owed to

additional expenditure by set-off against monies which may be due or become due

to me/us under this or any other bid or contract or against any guarantee or deposit

that may have been furnished by me/us or on my/our behalf for the due fulfillment

of this or any other bid or contract;

the local industries in the RSA.

1.12” Force majeure” means an event beyond the control of the supplier and not involving the

supplier’s fault or negligence and not foreseeable. Such events may include, but is not

restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods,

epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of any bidder, and

includes collusive practice among bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

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

required to supply to the purchaser under the contract.

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

component parts or materials which have been or are still to be imported (whether by the

supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as landing costs, dock dues, import duty, sales duty or

other similar tax or duty at the South African place of entry as well as transportation and

handling charges to the factory in the Republic where the goods covered by the bid will be

manufactured.

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

content provided that local manufacture does take place.

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

component 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 “Supplier” means the successful bidder who is awarded the contract to maintain and

Administer the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract.

1.27 “Turnkey” means a procurement process where one service provider assumes total

responsibility for all aspects of the project and delivers the full end product / service required

by the contract.

1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical

writing.

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

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder

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.

13.1 The supplier may be required to provide any or all of the following services, including

additional services, if any:

(a) Performance or supervision of on-site assembly and/or commissioning of the supplied

goods;

(b) Furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of

the supplied goods;

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

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

warranty obligations under this contract; and

(e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,

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

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

the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing

rates charged to other parties by the supplier for similar services.

14.1 As specified, the supplier may be required to provide any or all of the following materials,

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

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

provided that this election shall not relieve the supplier of any warranty obligations under the

contract; and;

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

(i) advance notification to the purchaser of the pending termination, in sufficient time to

permit the purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints,

drawings, and specifications of the spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the

most recent or current models, and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that all

goods supplied under this contract shall have no defect, arising from design, materials, or

workmanship (except when the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may develop under normal

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

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

as the case may be, have been delivered to and accepted at the final destination indicated in

the contract, or for eighteen (18) months after the date of shipment from the port or place of

loading in the source country, whichever period concludes earlier, unless specified otherwise.

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

warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to the

purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified,

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

supplier’s risk and expense and without prejudice to any other rights which the purchaser may

have against the supplier under the contract.

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contracts if not already specified in the bid. Such notification, in the original bid or later, shall

not relieve the supplier from any liability or obligation under the contract.

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

the services within the period(s) specified in the contract, the purchaser shall, without

prejudice to its other remedies under the contract, deduct from the contract price, as a

penalty, sum calculated on the delivered price of the delayed goods or unperformed

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

The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice

of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the

contract, or within any extension thereof granted by the purchaser pursuant to

GCC Clause 21.2;

(b) If the supplier fails to perform any other obligation(s) under the contract; or

(c) If the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent

practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may

procure, upon such terms and in such manner, as it deems appropriate, goods, works o

service similar to those undelivered, and the supplier shall be liable to the purchaser for any

excess costs for such similar goods, works or services. However, the supplier shall continue

performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to

impose a restriction penalty on the supplier by prohibiting such supplier from doing business

with the public sector for a period not exceeding 10 years. 23.4 If a purchaser intends

imposing a restriction on a supplier or any person associate time period of not more than

fourteen (14) days to provide reasons why the envisaged restriction should not be imposed.

Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may

regard the supplier as having no objection and proceed with the restriction.

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

purchaser, also be applicable to any other enterprise or any partner, manager, director or

other person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first- mentioned person, and with which enterprise or person the firstmentioned person, is or was in the opinion of the purchaser actively associated.

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

furnish the National Treasury, with the following information:

(i) The name and address of the supplier and / or person restricted by the purchaser;

(ii) The date of commencement of the restriction

(iii) The period of restriction; and

(iv) The reasons for the restriction.

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

prohibited from doing business with the public sector.

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

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for

forfeiture of its performance security, damages, or termination for default if and to the extent

that his delay in performance or other failure to perform his obligations under the contract is

the result of an event of force majeure.

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

such condition and the cause thereof. Unless otherwise directed by the purchaser in writing,

supplier shall continue to perform its obligations under the contract as far as is reasonably

practical, and shall seek all reasonable alternative means for performance not prevented by

the force majeure event.

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

the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without

compensation to the supplier, provided that such termination will not prejudice or affect any

right of action or remedy, which has accrued or will accrue thereafter to the purchaser.

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort to

resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the purchaser or the supplier may give notice to the other

party of his intention to commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party. 27.3 Should it not be possible to

settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) The parties shall continue to perform their respective obligations under the contract

Unless they otherwise agree; and

(b) The purchaser shall pay the supplier any monies due the supplier for goods delivered and /

or services rendered according to the prescripts of the contract.

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement

pursuant to Clause 6;

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

any indirect or consequential loss or damage, loss of use, loss of production, or loss of

profits or interest costs, provided that this exclusion shall not apply to any obligation of the

supplier to pay penalties and/or damages to the purchaser; and

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

3. The bidder attempts to influence or has in fact influenced the evaluation and/or awarding of the contract.

The Municipality shall adjudicate and award bids in accordance with preference points of

80/20-point system, 80 points for the price and 20 points for specific goals. Prospective

Responsiveness and evaluation criteria

Evaluation of bids

shall, without cancelling the contract, be entitled to purchase goods of a similar quality and up