Environmental impact assessment (EIA) for township establishment (extension 4) in flagstaff – ingquza hill local municipality

{"name":null,"email":"[email protected]","phone":"039 252 0131","department":"Development CONTACT PERSON A. Mashaba","address":"ONMENTAL IMPACT ASSESSMENT FOR TOWNSHIP ESTABLISHMENT IN FLAGSTAFF"}

Returnable Documents: COMPANY REGISTRATION NUMBER, so will lead to disqualification. proposal/tender. The only or lowest bid received shall

Bidders must be registered on the Central Supplier Database (CSD) and provide a valid SARS Tax Clearance Certificate (original) or CSD number. The proposed Project Leader must hold a relevant NQF Level 8 qualification, have a minimum of 2 years' demonstrable EIA experience, and be registered as an Environmental Assessment Practitioner with EAPASA. Bidders must submit at least three appointment and reference letters for completed EIA projects of similar nature for public sector clients. Bidders must complete and submit all mandatory forms: MBD 1 (Invitation to Bid), MBD 2 (Tax Clearance), MBD 3.1/3.3 (Pricing Schedule), MBD 4 (Declaration of Interest), MBD 6.1 (Preference Points Claim), MBD 7.1 (Contract Form), MBD 8 (Declaration of Past SCM Practices), and MBD 9 (Certificate of Independent Bid Determination). Bids from persons in the service of the state will not be considered.

The successful bidder will be required to fill in and sign a written contract form (mbd7).

Bid response documents may be deposited in

The bid box situated at (street address

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration

Number

TAX COMPLIANCE STATUS TCS PIN: OR CSD No:

Are you a

Are you the

Foreign based

Accredited

SUPPLIER FOR Yes No

Representative in

Yes No THE GOODS

South africa for the

/Services [if yes, answer partgoods /services

[If yes enclose proof] offered? B:3 ]

Offered?

Total number of items

Offered total bid price r

Signature of bidder

.............................. ...... Date

Capacity under which

This bid is signed

Bidding procedure enquiries may be

Directed to: technical information may be directed to:

Planning and

DEPARTMENT Development CONTACT PERSON A. Mashaba

CONTACT PERSON A Ntongana TELEPHONE NUMBER 039 252 0131

TELEPHONE NUMBER 039 252 0131 (Ext 3108) FACSIMILE NUMBER N/A

FACSIMILE NUMBER N/A E-MAIL ADDRESS [email protected].

E-MAIL ADDRESS [email protected]

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Ingquza Hill Local Municipality

Part b

Terms and conditions for bidding mbd 1

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be

Accepted for consideration.

1.2. All bids must be submitted on the official forms provided (not to be re-typed) or online

1.3. This bid is subject to the preferential procurement policy framework act and the

Preferential procurement regulations the general conditions of contract (gcc) and, if

Applicable, any other special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by

SARS to enable the organ of state to view the taxpayer’s profile and tax status.

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

In order to use this provision, taxpayers will need to register with SARS as e-filers through

The website www.SARS.GOV.ZA.

2.4 Foreign suppliers must complete the pre-award questionnaire in part b:3.

2.5 Bidders may also submit a printed tcs certificate together with the bid.

2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party must

Submit a separate tcs certificate / pin / csd number.

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

A csd number must be provided.

3. Questionnaire to bidding foreign suppliers

3.1. Is the entity a resident of the republic of south africa (RSA)? yes NO

3.2. Does the entity have a branch in the RSA? yes NO

3.3. Does the entity have a permanent establishment in the RSA? yes NO

3.4. Does the entity have any source of income in the RSA? yes NO

3.5. Is the entity liable in the RSA for any form of taxation? Yes NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax

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

Register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

NO bids will be considered from persons in the service of the state.

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

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

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

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Ingquza Hill Local Municipality

Mbd 2

1. Tax clearance certficate requirements

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have

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

1. In order to meet this requirement bidders are required to complete in full the attached form TCC 001“Application

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

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

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

from the date of approval.

3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original

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

Certificate will not be acceptable.

4. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax

Clearance Certificate.

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

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

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

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

2.1 SARS application for tcc mbd

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Ingquza Hill Local Municipality

Mbd 3.1

2. Pricing schedule – firm prices

(Purchases)

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

To rates of exchange variations) will not be considered

In cases where different delivery points influence the pricing, a separate

Pricing schedule must be submitted for each delivery point

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

Closing Time ................ ..... Closing Date .............................

Offer to be valid for.........DAYS From the closing date of bid.

Item quantity description bid price in RSA currency

NO. **(all applicable taxes included)

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

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

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

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

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

• 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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Ingquza Hill Local Municipality

Mbd 3.3

Pricing schedule and specification

(Section 2)

Pricing Instructions:

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

tax.

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

3. All prices tendered must include all expenses, disbursements and costs (e.g. transport, overheads, accommodation

etc.) that may be required in and for the execution of the work described in the Specification, and shall cover the

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

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

4. Bidders must also indicate the expected delivery date.

Terms of Reference for the Environmental Impact Assessment of the Proposed Extension 4 Township

Establishments and Associated Municipal Infrastructure within the Ingquza Hill Local Municipality

The Ingquza Hill Local Municipality intends to appoint a suitably qualified and experienced Environmental Assessment

Practitioner (EAP) to undertake the Environmental Impact Assessment (EIA) process for the proposed Township

Establishment at Extension 4, Flagstaff.

The appointment is intended to ensure compliance with the National Environmental Management Act, 1998 (Act No.

), the Environmental Impact Assessment Regulations, 2014 (as amended), and all other applicable

environmental legislation. The appointed service provider will be responsible for undertaking the required environmental

assessment process and facilitating the Environmental Authorisation application for the proposed township

development.

The Ingquza Hill Local Municipality established Extension 4, Flagstaff, to accommodate middle-income residential

development and facilitate planned urban expansion within the town. While a number of residential erven have already

been allocated, several sites remain undeveloped and unserviced.

To enable the provision of municipal engineering services and future residential development, the Municipality intends

to install the necessary infrastructure, including access roads, stormwater drainage, water supply, sanitation and

electricity reticulation. The proposed development is subject to compliance with applicable environmental legislation

and therefore requires Environmental Authorisation before implementation.

The Municipality is therefore seeking to appoint a suitably qualified Environmental Assessment Practitioner to undertake

the Environmental Impact Assessment process and facilitate the Environmental Authorisation application.

3. Proposed Development

The proposed development entails the establishment of essential municipal engineering services to support the new

township developments. The site is currently undeveloped (greenfield) and requires the installation of bulk infrastructure

to enable residential occupation and future development.

The proposed scope of infrastructure works includes, but is not limited to:

• Construction of gravel access roads, including site establishment, clearing and grubbing, bulk earthworks,

roadbed preparation and the construction of a 150 mm G5/G6 gravel wearing course.

• Construction of stormwater drainage infrastructure, including stone-pitched side drains, underground

stormwater pipelines, headwalls and mitre drains.

• Construction of multi-cell portal culvert bridges and associated drainage structures, where required.
• Installation of water supply and sanitation reticulation infrastructure.
• Installation of electrical reticulation infrastructure.
• Provision of on-site sanitation systems, including septic tanks or conservancy tanks, where a municipal sewer

network is not available.

• Any ancillary infrastructure required to support the proposed township development.

The appointed Environmental Assessment Practitioner shall undertake all environmental assessments required in terms

of the National Environmental Management Act, 1998 (Act No. ), the Environmental Impact Assessment

Regulations, 2014 (as amended), and any other applicable environmental legislation to obtain Environmental

Authorisation for the proposed development.

Study Area: Flagstaff

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Ingquza Hill Local Municipality

The appointed Environmental Assessment Practitioner is expected to undertake the duties mentioned hereunder, but

not limited to:

• Conduct an environmental screening assessment to identify the relevant environmental authorisation process

(Basic Assessment or Scoping and Environmental Impact Reporting) and ascertain any necessary

authorisation requirements (such as Water Use Licence, Atmospheric Emission Licence, Waste Management

Licence, Forestry permits, Heritage approvals).

• Conduct a preliminary site analysis and a desktop review to pinpoint environmental sensitivities, constraints,

and development opportunities.

• Undertake pre-application consultation meetings with the Competent Authority and pertinent government

departments as needed.

• Assess the proposed development in relation to the National Environmental Management Act (NEMA),

Environmental Impact Assessment Regulations, and other relevant environmental legislation to identify

applicable listed activities and legal obligations.

• Prepare and submit the Application for Environmental Authorisation to the Competent Authority (DEDEAT).

• Develop a Public Participation Plan and identify Interested and Affected Parties (I&APs).

• Conduct public participation in line with the EIA Regulations, which includes engaging with stakeholders, issuing

public notices, setting up site notices, advertising, and consulting with Interested and Affected Parties.

• Liaise with governmental bodies and reviewing authorities, such as the Department of Water and Sanitation,

Heritage Authorities, Municipalities, and other pertinent stakeholders.

• Carry out and oversee all specialised studies needed to evaluate the environmental effects of the proposed

development.

• Compile and submit the Draft Basic Assessment Report or Draft Scoping Report and Environmental Impact

Report, along with the Draft Environmental Management Programme (EMPr), for public review and feedback.

• Address comments received from the Competent Authority, commenting authorities and Interested and

Affected Parties.

• Compile and submit the Final Basic Assessment Report or Final Environmental Impact Report, including the

Final Environmental Management Programme (EMPr), to the Competent Authority for decision-making.

• Facilitate the application for associated environmental licences and permits, including Water Use Licence

Applications (WULAs), Atmospheric Emission Licences (AELs), Waste Management Licences and any other

required authorisations.

• Support the Competent Authority during the decision-making process by responding to Requests for Additional

Information (if applicable).

5. Project Cost and Time Frame

Phases time submission/ output

Frames

Phase 1: Project Initiation and 2 Weeks Inception Report, Project Implementation Plan and

Inception Stakeholder Engagement Plan.

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Ingquza Hill Local Municipality

Phase 2: Baseline Studies and 4-6 Weeks Baseline Assessment, Specialist Study Scoping,

Scoping Legislative Review and Draft Scoping Report.

Phase 3: Environmental Assessment 3-4 Specialist reports, Draft BAR/EIR, Draft EMPr,

and Public Participation Months Public Participation Report and Comments &

Response Report.

Phase 4: Finalisation and 4 Weeks Final BAR/EIR, Final EMPr and Environmental

Submission Authorisation Application submitted to DEDEAT

Estimated Total Duration Approxima Final EIA Application submitted for regulatory

tely 7 review.

Months

The bidder must submit a detailed methodology Methodology and 10 2 5

demonstrating an understanding of the project and approach are fully

the proposed approach to undertaking the adequate to meet

Environmental Impact Assessment. the requirements

of the

assignment. The methodology should include, Project

implementation plan, Legislative compliance

approach, public participation strategy, Specialist

studies, Quality assurance measures, Project

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Ingquza Hill Local Municipality

deliverables, Reporting timeframes, Risk 0

management approach, Close-out report, Proposed Inadequate

programme for obtaining Environmental methodology and

Authorisation. approach

Total 100 40

Grand total 100 100

8. Deliverables

• Environmental Authorisation Application submitted to the Competent Authority.
• Draft Basic Assessment Report (BAR) or Draft Scoping Report and Environmental Impact Report (S&EIR),

where applicable.

• Final Environmental Impact Assessment Report, incorporating all comments received from the Competent

Authority and Interested and Affected Parties

• Comments and Responses Report.
• Final Environmental Management Programme (EMPr).
• Specialist Study Reports, where required.
• Water Use Licence Application (WULA) documentation, where applicable.
• Copies of all public participation documentation, including notices, advertisements, attendance registers and

proof of stakeholder consultation.

• Final Environmental Authorisation issued by the Eastern Cape Department of Economic Development,

Environmental Affairs and Tourism (DEDEAT), where approval is granted.

• Any additional reports, specialist studies or supporting documentation reasonably required by the Competent

Authority during the environmental authorisation process.

Nb: only bidders who obtained 70 out of 100 points for functionality will qaulify for

Evaluation in terms of price (stage 2) the completeness of the terms of reference will

Be qualified by completing mbd 1-9 (declaration of interest) all mandatory attachements

Will be detailed on the advert.

Category points

Price 80

Specific Goals 20

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Ingquza Hill Local Municipality

Mbd 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 Ingquza Hill Local Municipality

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

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

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

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

The tenderer agrees that:

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

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

as may be applicable;

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

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

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

permitted or refused at the sole discretion of the Ingquza Hill Local Municipality after consideration

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

withdrawal;

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

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

Ingquza Hill Local Municipality in having either to accept another tender or, if new tenders have to be

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

acceptance of any other tender;

(b) the Ingquza Hill 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 Ingquza Hill Local Municipality shall be entitled to retain

such moneys, guarantee or deposit as security for any loss the Ingquza Hill 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 Ingquza Hill 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 authorised)

Date

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Ingquza Hill Local Municipality

Mbd 4

3. Declaration of interest

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

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

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

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

required that the bidder or their authorised representative declare their position in relation to the

evaluating/adjudicating authority.

3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

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

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

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

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

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

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

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

numbers and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars. .........................................................................

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

1MSCM Regulations: “in the service of the state” means to be –

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

(iii) the national Assembly or the national Council of provinces;

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

(c) an official of any municipality or municipal entity;

(d) an employee of any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No.);

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

(f) an employee of Parliament or a provincial legislature.

2 Shareholder” means a person who owns shares in the company and is actively involved in the management of the

company or business and exercises control over the company.

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

3.9.1 If yes, furnish particulars...........................................................................

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

3.10 Do you have any relationship (family, friend, other) with persons

in the service of the state and who may be involved with

the evaluation and or adjudication of this bid? ....................................... YES / NO

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Ingquza Hill Local Municipality

3.10.1 If yes, furnish particulars.

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

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

3.11 Are you, aware of any relationship (family, friend, other) between

any other bidder and any persons in the service of the state who

may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars

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

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

3.12 Are any of the company’s directors, trustees, managers,

principle shareholders or stakeholders in service of the state? YES / NO

3.12.1 If yes, furnish particulars.

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

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

3.13 Are any spouse, child or parent of the company’s directors

trustees, managers, principle shareholders or stakeholders

in service of the state? YES / NO

3.13.1 If yes, furnish particulars.

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

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

3.14 Do you or any of the directors, trustees, managers,

principle shareholders, or stakeholders of this company

have any interest in any other related companies or

business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars:

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

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

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

Full Name Identity Number State Employee Number

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

Signature Date

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

Capacity Name of Bidder

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Mbd 6.1

Preference points claim form in terms of the preferential procurement regulations

2022

This preference form must form part of all tenders invited. It contains general information and serves as a claim form

for preference points for specific goals.

Nb: before completing this form, tenderers must study the general conditions,

Definitions and directives applicable in respect of the tender and preferential

Procurement regulations, 2022

1. General conditions

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

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

included); and

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

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).

a) The applicable preference point system for this tender is the 90/10 preference point system.

b) The applicable preference point system for this tender is the 80/20 preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/ highest

acceptable tender will be used to determine the accurate system once tenders are received.

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

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this tender to claim points

for specific goals with the tender, will be interpreted to mean that preference points for specific goals are not

claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is adjudicated or at any

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

state.

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2. Definitions

(a) “tender” 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;

(b) “price” means an amount of money tendered for goods or services, and includes all applicable taxes

less all unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and

includes all applicable taxes;

(d) “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; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

3. Formulae for procurement of goods and services

3.1. Points awarded for price

3.1.1 The 80/20 or 90/10 preference point systems

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

80/20 or 90/10

Pt−Pmin

Ps= 80(1− ) or Ps= 90(1− Pt−Pmin )

Pmin Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. Formulae for disposal or leasing of state assets and income generating

Procurement

3.2.1. Points awarded for price

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

80/20 or 90/10

Pt−Pmax

Ps= 80(1+ ) or Ps= 90(1+ Pt−Pmax )

Pmax Pmax

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

4. Points awarded for specific goals

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Ingquza Hill Local Municipality

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference points

must be awarded for specific goals stated in the tender. For the purposes of this tender the tenderer will be

allocated points based on the goals stated in table 1 below as may be supported by proof/ documentation stated

in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is unclear

whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the tender documents,

stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10 preference

point system will apply and that the highest acceptable tender will be used to determine the applicable

preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply and

that the lowest acceptable tender will be used to determine the applicable preference point system,

Then the organ of state must indicate the points allocated for specific goals for both the 90/10 and 80/20

preference point system.

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

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

points must also be indicated as such.

Note to tenderers: The tenderer must indicate how they claim points for each preference point system.)

Number of Number of Number of Required documents

points Number of points points for verification

allocated points claimed claimed

(80/20

(90/10 allocated (90/10 system) The specific goals system)

system) (80/20 system) allocated points in (To be (To be

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

completed by completed by the tenderer) by the

the organ of the organ of tenderer)

state) state)

Owned by black people 4 CSD registration

who are youth report/ ID Copy of the

owner/ director

registered

Owned by black people 6 CSD registration

who are women report/ ID Copy of the

owner/ director

registered

Owned by black people 2 Letter from the

living with disabilities authorized medical

practitioner or SASSA

Owned by black people 8 CSD registration

report/ ID Copy of the

owner/ director

registered

Declaration with regard to company/firm

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

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4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

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

claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the preference(s)

shown and I 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 paragraphs 1.4 and

4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state

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 organ of state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering 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) recommend that the tenderer or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted 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, if deemed necessary.

Witnesses:

1. .............................................

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

Signature(s) of bidder(s)

2. .............................................

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

Address:................................

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

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

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

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Ingquza Hill Local Municipality

Mbd 7.1

Contract form - purchase of goods/works

This form must be filled in duplicate by both the successful bidder (part 1) and the

Purchaser (part 2). Both forms must be signed in the original so that the successful

Bidder and the purchaser would be in possession of originally signed contracts for

Their respective records.

Part 1 (to be filled in by the bidder)

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

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

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

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

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

(i) Bidding documents, viz

• Invitation to bid;
• Tax clearance certificate;
• Pricing schedule(s);
• Technical Specification(s);
• Preference claims for 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.

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

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

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

this or any other bid.

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

Name (print) .................................................

Witnesses

Capacity .................................................

Signature ................................................. 1 ........................

Name of firm ................................................. 2. ........................

Date .................................................

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

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Ingquza Hill Local Municipality

Mbd 7.1

Contract form - purchase of goods/works

Part 2 (to be filled in by ingquza hill local municipality)

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

accept your bid under reference number ......................................dated...........................for the supply

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

2. An official order indicating delivery instructions is forthcoming.

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

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

Price (all minimum threshold

B-bbee status

Item applicable delivery for local

Brand level of

NO. taxes period production and

Contribution

INCLUDED) CONTENT (if applicable)

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

Signed at .............................................ON......................................

Name (print) ...........................................

Signature ...........................................

Official stamp witnesses

1. ............................

2. ............................

Date ............................

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Ingquza Hill Local Municipality

Mbd 8

8. Declaration of bidder’s past supply chain management practices

1 This Municipal Bidding Document must form part of all bids invited.

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

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

management system.

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

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

improper conduct in relation to such system;

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

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

contract during the past five years; or

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

of Corrupt Activities Act (No ).

4 In order to give effect to the above, the following questionnaire must be completed and submitted

with the bid.

Item Question Yes No

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

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

public sector?

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

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

restriction after the audi alteram partem rule was applied).

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

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

bottom of the home page.

4.1.1 If so, furnish particulars:

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

of section 29 of the Prevention and Combating of Corrupt Activities Act (No )?

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

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

page.

4.2.1 If so, furnish particulars:

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

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

years?

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Ingquza Hill Local Municipality

4.3.1 If so, furnish particulars:

Item Question Yes No

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

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

three months?

4.4.1 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:

Certification

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

Certify that the information furnished on this declaration form true and correct.

I accept that, in addition to cancellation of a contract, action may be taken against me

Should this declaration prove to be false.

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

Signature Date

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

Position Name of Bidder

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Ingquza Hill Local Municipality

Mbd 9

Certificate of independent bid determination

I, the undersigned, in submitting the accompanying bid:

(Bid Number and Description)

in response to the invitation for the bid made by:

(Ingquza Hill Local Municipality)

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

I certify, on behalf of:___________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and

complete in every respect;

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

bidder;

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

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

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

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

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

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

abilities or experience; and

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

the bidder.

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

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

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

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

communication, agreement or arrangement with any competitor regarding:

(a) prices;

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

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

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

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

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

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

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

products or services to which this bid invitation relates.

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

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

contract.

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

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

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

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

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

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

legislation.

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

Signature Date

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

Position Name of Bidder

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Ingquza Hill Local Municipality

10.CONDITIONS Of tender

Tender conditions and/or instructions set out below must be strictly adhered to,

Failing which this tender submission will be declared non-responsive.

10.1. No tender will be considered unless submitted on this Ingquza Hill tender document.

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

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

may result in the tender being declared non-responsive.

10.3 Tenders must be properly received and deposited, on or before the closing date and before the

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

box, please enquire at the reception for assistance.

10.4 The Ingquza Hill Local Municipality reserves the right to accept:

a. the whole tender or part of a tender or any item or part of any item, or to accept more than one

tender (in the event of a number of items being offered), and the Ingquza Hill Local

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

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

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

and time for such a tender.

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

tenderers in preparing and submitting tenders.

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

clarification of tenders in writing.

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

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

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

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

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

such written request for withdrawal.

9.10 A tender submitted:

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

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

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

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

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

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

completed);

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

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

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

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

10.11 Partnerships/Consortiums/Joint Ventures

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

venture agreement must be submitted with the tender document (attached to Schedule 2). All

parties/partners to the partnership/consortium/joint venture agreement must be registered on the

Ingquza Hill Local Municipality Supplier Database.

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Ingquza Hill Local Municipality

10.12 Validity Period

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

Hill Local Municipality for a period of 90 days from the closing date or for such extended period as may

be applicable.

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

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

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

a tenderer in writing.

Tenderers who fail to respond to such a request before the validity of their tender expires or who

decline such a request shall not be considered further in the evaluation process.

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

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

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

10.9 above will apply to such withdrawal.

10.13 Tax clearance

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

South African Revenue Service (SARS).

Tenderers are therefore required to obtain a valid Tax Clearance Certificate from the local SARS office

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

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

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

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

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

Management Office. Each party to a consortium/joint venture/partnership must comply with all of the

above.

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

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

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

a. influence or interfere with the work of any Ingquza Hill 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 Ingquza Hill Local Municipality official in any way which may secure an unfair

advantage during or at any stage of the procurement process.

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

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

Hill LocalMunicipality SCM Policy and Abuse Policy.

11. Declarations and authorization

Tenderers are required to complete all statutory declarations and authorizations in the schedules attached to

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

12. Alternative offers

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

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

alternative tenders.

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Ingquza Hill Local Municipality

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

Systems Act / Access to Court

Objections, complaints, queries and disputes

13.1 Persons aggrieved by decisions or actions taken by the Ingquza Hill Local 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,

Board of directors or staff member of a Ingquza Hill Local Municipality in terms of a power

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

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

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

13.3 An appeal shall contain the following:

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

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

iii. The remedy sought by the appellant’s.

Access to court

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

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

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

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Ingquza Hill Local Municipality

11. General conditions of contract

Table of clauses

1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts

Evaluation criteria: Functionality - 100 points: Experience 30 points, Capacity and Expertise 60 points and

Methodology 10 points. Bidders should score 70 out of 100 to proceed to: 80/20 Price = 80 points Specific

goals = 20 points.

Specific Goals: Owned by black people who are youth (18-35 years old) 4 points, owned by black people who are

women 6 points, owned by black people living with disability 2 points and owned by black people 8 points

Enquiries: Technical enquiries shall be addressed to Corporate Services 039 252 0131/

[email protected]/. Supply Chain Management at 039 252 0131. [email protected].

Tender validity period: 90 (ninety) days after tender closing date

Required documents: conditions of acceptance:

Phase 1: Project Initiation and 2 Weeks Inception Report, Project Implementation Plan and

Africa (EAPASA) and the South African Council for be attached

Natural Scientific Professions (SACNASP) for the

proposed Project Leader.

Total 20

3. Methodology

The bidder must submit a detailed methodology Methodology and 10 2 5

demonstrating an understanding of the project and approach are fully

the proposed approach to undertaking the adequate to meet

of the

assignment. The methodology should include, Project

implementation plan, Legislative compliance

approach, public participation strategy, Specialist

studies, Quality assurance measures, Project

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deliverables, Reporting timeframes, Risk 0

management approach, Close-out report, Proposed Inadequate

programme for obtaining Environmental methodology and

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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Submit a minimum of three (3) appointment letters 6 Clients and 30 10 3

and corresponding reference letters for completed above

Environmental Impact Assessment projects of a 20

similar nature and complexity undertaken for public 4 -5 Clients 2

sector institutions. Reference letters must be on the 10

client's official letterhead, signed, and include

contact details for verification. e.g Environmental 3 Clients 0 1

Impact Assessments for roads and bridges, Landfill

sites, Waste management facilities, Municipal

infrastructure, Environmental Management Plans,

0 -2 Clients 0 Climate change and environmental planning

projects

NB: 0 points will be claimed where submitted

clients/ references cannot be contacted.

NB: appointment letters will be verified.

Total 30

3 Accreditation Certificate

Attach proof of registration with the Environmental Proof of the 20 5 4

Assessment Practitioners Association of South certificate should

Africa (EAPASA) and the South African Council for be attached

Natural Scientific Professions (SACNASP) for the

proposed Project Leader.

Total 20

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.

Nb: only bidders who obtained 70 out of 100 points for functionality will qaulify for

Evaluation in terms of price (stage 2) the completeness of the terms of reference will

Be qualified by completing mbd 1-9 (declaration of interest) all mandatory attachements

5. Use of contract documents and information; inspection

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.

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

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Mbd 3.1

2. Pricing schedule – firm prices

(Purchases)

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

To rates of exchange variations) will not be considered

Mbd 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 Ingquza Hill 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)

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:

Hold a relevant tertiary qualification (NQF Level 8 or equivalent) in Environmental Science, Environmental Management, Natural Sciences, Environmental Engineering, or a related field.

Have a minimum of two (2) years' demonstrable experience in undertaking Environmental Impact Assessments (EIAs), including Basic Assessment (BA) and Scoping and Environmental Impact Reporting (S&EIR) processes.

Be registered as an Environmental Assessment Practitioner (EAP) with the Environmental Assessment Practitioners Association of South Africa (EAPASA) in terms of Regulation 14 of the Environmental Impact Assessment Regulations, 2014 (as amended).

Demonstrate proven experience in successfully undertaking EIAs for projects of a similar nature and complexity, including the preparation of Basic Assessment Reports (BARs), Scoping Reports, Environmental Impact Reports (EIRs) and Environmental Management Programmes (EMPrs).

Demonstrate experience in coordinating specialist studies and integrating specialist inputs into environmental assessment reports.

Have proven experience in facilitating public participation processes in accordance with the Environmental Impact Assessment Regulations, 2014 (as amended).

Demonstrate sound knowledge and practical application of the National Environmental Management Act, 1998 (Act No. ), the Environmental Impact Assessment Regulations, 2014 (as amended), and other applicable environmental legislation, including the National Environmental Management: Waste Act, the National Water Act, the National Environmental Management: Air Quality Act and other relevant legislation applicable to the project.

Possess excellent report writing, communication, presentation and stakeholder engagement skills.

Demonstrate the ability to manage projects, meet agreed timeframes and liaise effectively with regulatory authorities and Interested and Affected Parties (I&APs).

B-BBEE Minimum Level: 8

Points Allocation: 20 points

B-BBEE Details: .............. in my capacity as...............................................

accept your bid under reference number ......................................dated...........................for the supply

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

2. An official order indicating delivery instructions is forthcoming.
3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the

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

Price (all minimum threshold

B-bbee status

Item applicable delivery for local

Brand level of

NO. taxes period production and

Contribution

INCLUDED) CONTENT (if applicable)

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

Signed at .............................................ON......................................

Name (print) ...........................................

Signature ...........................................

Official stamp witnesses

1. ............................
2. ............................

Date ............................

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Ingquza Hill Local Municipality

Mbd 8

8. Declaration of bidder’s past supply chain management practices

1 This Municipal Bidding Document must form part of all bids invited.

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

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

management system.

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

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

improper conduct in relation to such

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

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

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

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

13.3 An appeal shall contain the following:

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

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

iii. The remedy sought by the appellant’s.

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.

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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

IHLM/39/2026-27/PLAN Environmental Impact Assessment 21 September 2026 at 12h00

for Township Establishment in Flagstaff Municipal Offices

Terms of Reference for the Environmental Impact Assessment of the Proposed Extension 4 Township

Practitioner (EAP) to undertake the Environmental Impact Assessment (EIA) process for the proposed Township

Establishment at Extension 4, Flagstaff.

The appointment is intended to ensure compliance with the National Environmental Management Act, 1998 (Act No.

), the Environmental Impact Assessment Regulations, 2014 (as amended), and all other applicable

environmental legislation. The appointed service provider will be responsible for undertaking the required environmental

assessment process and facilitating the Environmental Authorisation application for the proposed township

development.

2. Project background

The Ingquza Hill Local Municipality established Extension 4, Flagstaff, to accommodate middle-income residential

development and facilitate planned urban expansion within the town. While a number of residential erven have already

been allocated, several sites remain undeveloped and unserviced.

to install the necessary infrastructure, including access roads, stormwater drainage, water supply, sanitation and

electricity reticulation. The proposed development is subject to compliance with applicable environmental legislation

and therefore requires Environmental Authorisation before implementation.

the Environmental Impact Assessment process and facilitate the Environmental Authorisation application.

of the National Environmental Management Act, 1998 (Act No. ), the Environmental Impact Assessment

Regulations, 2014 (as amended), and any other applicable environmental legislation to obtain Environmental

not limited to:

• Conduct an environmental screening assessment to identify the relevant environmental authorisation process

(Basic Assessment or Scoping and Environmental Impact Reporting) and ascertain any necessary

authorisation requirements (such as Water Use Licence, Atmospheric Emission Licence, Waste Management

Licence, Forestry permits, Heritage approvals).

• Conduct a preliminary site analysis and a desktop review to pinpoint environmental sensitivities, constraints,

and development opportunities.

• Undertake pre-application consultation meetings with the Competent Authority and pertinent government

departments as needed.

• Assess the proposed development in relation to the National Environmental Management Act (NEMA),

applicable listed activities and legal obligations.

• Prepare and submit the Application for Environmental Authorisation to the Competent Authority (DEDEAT).

• Develop a Public Participation Plan and identify Interested and Affected Parties (I&APs).

• Conduct public participation in line with the EIA Regulations, which includes engaging with stakeholders, issuing

public notices, setting up site notices, advertising, and consulting with Interested and Affected Parties.

• Liaise with governmental bodies and reviewing authorities, such as the Department of Water and Sanitation,

• Carry out and oversee all specialised studies needed to evaluate the environmental effects of the proposed

development.

• Compile and submit the Draft Basic Assessment Report or Draft Scoping Report and Environmental Impact

Report, along with the Draft Environmental Management Programme (EMPr), for public review and feedback.

• Address comments received from the Competent Authority, commenting authorities and Interested and

• Compile and submit the Final Basic Assessment Report or Final Environmental Impact Report, including the

Final Environmental Management Programme (EMPr), to the Competent Authority for decision-making.

• Facilitate the application for associated environmental licences and permits, including Water Use Licence

Applications (WULAs), Atmospheric Emission Licences (AELs), Waste Management Licences and any other

required authorisations.

• Support the Competent Authority during the decision-making process by responding to Requests for Additional

Information (if applicable).

Phase 3: Environmental Assessment 3-4 Specialist reports, Draft BAR/EIR, Draft EMPr,

and Public Participation Months Public Participation Report and Comments &

Phase 4: Finalisation and 4 Weeks Final BAR/EIR, Final EMPr and Environmental

6. Requirements

• Hold a relevant tertiary qualification (NQF Level 8 or equivalent) in Environmental Science, Environmental

• Have a minimum of two (2) years' demonstrable experience in undertaking Environmental Impact

Assessments (EIAs), including Basic Assessment (BA) and Scoping and Environmental Impact Reporting

(S&EIR) processes.

• Be registered as an Environmental Assessment Practitioner (EAP) with the Environmental Assessment

Practitioners Association of South Africa (EAPASA) in terms of Regulation 14 of the Environmental Impact

Assessment Regulations, 2014 (as amended).

• Demonstrate proven experience in successfully undertaking EIAs for projects of a similar nature and

complexity, including the preparation of Basic Assessment Reports (BARs), Scoping Reports, Environmental

Impact Reports (EIRs) and Environmental Management Programmes (EMPrs).

• Demonstrate experience in coordinating specialist studies and integrating specialist inputs into environmental

assessment reports.

• Have proven experience in facilitating public participation processes in accordance with the Environmental

Impact Assessment Regulations, 2014 (as amended).

• Demonstrate sound knowledge and practical application of the National Environmental Management Act, 1998

(Act No. ), the Environmental Impact Assessment Regulations, 2014 (as amended), and other

applicable environmental legislation, including the National Environmental Management: Waste Act, the

National Water Act, the National Environmental Management: Air Quality Act and other relevant legislation

applicable to the project.

• Possess excellent report writing, communication, presentation and stakeholder engagement skills.

• Demonstrate the ability to manage projects, meet agreed timeframes and liaise effectively with regulatory

authorities and Interested and Affected Parties (I&APs).

7. Evaluation Criteria

Functionality

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Attach certified copies of relevant qualifications 6 YEARS and 40 10 4

(Environmental Science, Environmental

above

2 - 3 YEARS 20 2 team. The Project Leader must be a registered

Environmental Assessment Practitioner (EAP) with 0-1 YEARS 0 0

similar nature.

NB: 0 points will be claimed where the above is

not attached and submitted

Total 40

2. Experience

Submit a minimum of three (3) appointment letters 6 Clients and 30 10 3

and corresponding reference letters for completed above

Environmental Impact Assessment projects of a 20

similar nature and complexity undertaken for public 4 -5 Clients 2

sector institutions. Reference letters must be on the 10

client's official letterhead, signed, and include

contact details for verification. e.g Environmental 3 Clients 0 1

sites, Waste management facilities, Municipal

infrastructure, Environmental Management Plans,

0 -2 Clients 0 Climate change and environmental planning

projects

NB: 0 points will be claimed where submitted

clients/ references cannot be contacted.

NB: appointment letters will be verified.

Total 30

Attach proof of registration with the Environmental Proof of the 20 5 4

• Environmental Authorisation Application submitted to the Competent Authority.
• Draft Basic Assessment Report (BAR) or Draft Scoping Report and Environmental Impact Report (S&EIR),

where applicable.

• Final Environmental Impact Assessment Report, incorporating all comments received from the Competent

• Comments and Responses Report.

• Final Environmental Management Programme (EMPr).

• Specialist Study Reports, where required.

• Water Use Licence Application (WULA) documentation, where applicable.

• Copies of all public participation documentation, including notices, advertisements, attendance registers and

proof of stakeholder consultation.

• Final Environmental Authorisation issued by the Eastern Cape Department of Economic Development,

Environmental Affairs and Tourism (DEDEAT), where approval is granted.

• Any additional reports, specialist studies or supporting documentation reasonably required by the Competent

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.

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Ingquza Hill Local Municipality

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

order.

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

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

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

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

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

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

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

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

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

freight embargoes.

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

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

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

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

1.12 “GCC” means the General Conditions of Contract.

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.

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Ingquza Hill Local Municipality

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

works.

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.

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Ingquza Hill Local Municipality

obligation to accept any proposal/tender and reservesattachments when submitting their proposals, failure to do

the right not to accept the whole or any part of the

so will lead to disqualification. proposal/tender. The only or lowest bid received shall

not necessarily be accepted. No proposal/tenders will

• Valid Full CSD Proof of registration be considered from persons in the service of the state,
• Completed and Signed Declarations (MBD1-9) the bidder or any of its directors/shareholders listed on

attached on the tender document. the Register of Tender Defaulters in terms of the

• Accreditation with EAPASA and SACNASP Prevention and Combating of Corrupt Activities Act of
• A Valid SARS TCS Pin printout 2004 as a person prohibited from doing business with
• A signed letter by the bidder confirming that no the public sector; the bidder has not: abused the

undisputed municipal accounts are overdue by more Employer’s Supply Chain Management System; or

than 30 days and proof thereof. failed to perform on any previous contract and has

been given a written notice to this effect. The

OBTAINING OF TENDER DOCUMENTS: municipality will only consider bids submitted on the

original bid documentation provided by the

Downloadable on www.ihlm.gov.za Procurement: municipality. The Ingquza Hill Local Municipality’s

supply chain policy will apply in all tender stages.Adverts-Open Bids /E-Tender Portal

NO. **(all applicable taxes included)

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

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

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

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

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

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

acceptance of any other tender;

(b) the Ingquza Hill 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 Ingquza Hill Local Municipality shall be entitled to retain

such moneys, guarantee or deposit as security for any loss the Ingquza Hill 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 Ingquza Hill 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 authorised)

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

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

claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the preference(s)

shown and I 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 paragraphs 1.4 and

4.2, the contractor may be required to furnish documentary proof to the satisfaction of the organ of state

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 organ of state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering 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) recommend that the tenderer or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted 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, if deemed necessary.

(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 Ingquza Hill 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 Ingquza Hill Local Municipality official in any way which may secure an unfair

advantage during or at any stage of the procurement process.

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 Ingquza Hill Local 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,

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

order.

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

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

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

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

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

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

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

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

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

freight embargoes.

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

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

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

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

1.12 “GCC” means the General Conditions of Contract.

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.