Township establishment services – portion 106 of portion 39 and remaining extent of farm messina 4-MT, musina

{"event":"Closing Date","date":"2025-11-20","time":"11:00"}

{"event":"Briefing Session","date":"2025-11-05","time":"10:00","compulsory":true,"venue":"Musina Local Municipality Council Chambers"}

{"name":"________________________________________","email":null,"phone":"015-534 6100","department":"ies that comes with the heavy haulage and logistical sector by proving","address":null}

Returnable Documents: C Declaration of Interest., Central supplier database registration, months. If renting attach Valid Rental/Lease agreement and latest three months, reflected on the Company registration document (Attach Company Registration, CSD registration report. The bid will be rejected if any municipal rates and taxes, a false declaration was made on MBD 8 item (4.4) by the bidder after the, Failure to submit the requested documentation will lead to disqualification. Should any, of the above not be applicable, please indicate it in writing, 15.1 render preference to bids of which qualifications and conditions

Bidders must be registered on the Central Supplier Database (CSD). The lead professional must be a Professional Town and Regional Planner registered with SACPLAN with a minimum of 3 nominated professional planners, each with at least 5 years' relevant experience and a list of 3 completed township establishments with appointment and reference letters. Minimum team includes a Land Surveyor (2 qualifications, 1 professional registration), a Civil Engineer (2 qualifications, 1 professional registration), and an Environmentalist (2 qualifications, 1 professional registration). Bidders must submit a completed Form of Bid (SBD 1 / MBD 1), Declaration of Interest (SBD 4 / MBD 4), Preference Points Claim (SBD 6.1 / MBD 6.1), and Certificate of Independent Bid Determination (SBD 9 / MBD 9). The bid will be rejected if the bidder or any director owes municipal rates, taxes, or service charges to any municipality for more than three months at the date of bid. False declarations may lead to contract cancellation, recovery of payments, and criminal charges.

6.1. The appointed service providers are expected to undertake the following

services which include (but not limited to) the following in ensuring the approval

and proclamation of the townships:

a) To compile and submit a township establishment application for a Mixed Use

Township on PORTION 106 OF PORTION 39 AND THE REMAINING EXTENT

OF THE FARM MESSINA 4-MT , in terms of Spatial Planning and Land Use

Management Act (SPLUMA) and Municipal By-laws, as well as approval thereof;

b) To prepare submission(s) and solicit comments from various departments and

State Owned Enterprises (SOEs) regarding the application(s);

c) To ensure survey, pegging and approval of the layout plans by the surveyor

general;

d) The appointed service providers must take care of all the necessary

administrative functions of the application, including, but not limited to: meetings

and stakeholder engagements, presentations as approved and agreed to with

the Musina Local Municipality;

e) To ensure that the township establishment is approved and registered by the

Deeds Registry;

f) The following studies should be conducted by the service providers as part of a

complete township establishment application:

i. Topographical survey

ii. Floodline studies

iii. Geotechnical investigation

iv. Environmental Impact Assessment report including all the specialists

reports triggered

v. Civil Engineering Services report

vi. Electrical Services report

vii. Traffic Impact Assessment

viii. Other related studies reports

7. Deliverables and outputs

• Approved layout plan both electronic ( GIS compatible) and hard copy
• Approved Surveyor General Diagram ( Registration copy)
• Approved Conditions establishment
• Submission of application for a township establishment to approving authority
• Well packaged application for a township establishment approval, which amongst

others include: Locality Map, layout plan, geotechnical report, EIA report, Flood line

investigation, infrastructure report (sewer line, electricity, water, roads etc.),

comments from authorities and institutions, proof of land release, proof of

community participation etc.

8. Expertise required (project team composition)

The project will require a multi-skilled team to implement the project led by the

Registered Professional Town and Regional Planner:

• Town Planning Skills (Lead Professional)
• Land surveying
• Engineering Professionals
• Environmental practitioners

The above professional staff composition is the client’s minimum requirement. Service

providers are advised to propose their own team composition based on the scope of

work as defined in Section 6.1.

9. Mandatory bid requirements to assess the bidder’s capability and ability to

execute the contract

a) Qualifications and proof of professional registration for Town Planner, Land

Surveyor, Civil Engineer, Environmentalist nominated to be responsible for

the project should be as follows:

b) Professional Planners (registered with SACPLAN) the lead professional/s -

minimum 3;

• CV’s of key personnel with 5 years relevant town planning experience;
• List of 3 completed township establishments with appointment and

reference letters.

i. Land Surveyor

• Qualification: 2
• Professional Registration: 1

ii. Civil Engineer

• Qualification: 2
• Professional Registration: 1

iii. Environmentalist

• Qualification: 2
• Professional Registration: 1

10. Time frame and implementation

• It is envisaged that the project will start in August of 2025/26 financial year and

be completed in 11 months at minimum after date of appointment.

• The appointed Service provider will be required to attend compulsory progress

assessment meetings as required by the Local Authority with a report on the

progress of the project as well as challenges they encounter, if any. The

progress report must be submitted in both hard copy and electronic format.

11. Contractual requirements

• The project should be completed within the time frame as stipulated in the

contract between the service provider and the Municipality or those which will be

agreed upon with the service provider.

• The contractual agreements will not be altered and/or interfered with without the

conscious knowledge of both parties (i.e. Musina Municipality and service

provider).

• All products delivered by the service provider will be subject to scrutiny by the

project steering committee. The service provider may be required to make

amendments and/or corrections as determined by the above mentioned scrutiny.

No payments will be made for work that is deemed not suitable.

12. Tender Evaluation Criteria

a. All bids will be evaluated and adjudicated in terms of Supply Chain Management

regulations, Musina Local Municipality Supply Chain Policy and the Preferential

Procurement Regulation of 2022.

b. Assessment Criteria

All bids received will be evaluated as follows:

First stage

Mandatory requirements to assess each bidder’s ability to execute the scope of work/

contract and all other requirements as specified in the bid document

Second stage

Price and preference point system

80/20 preferential point system will apply

Price 80

Specific goals 20

Total 100

Points will be allocated for specific goals in the following manner

Designated groups Number of Points: (20)

▪ Points for HDI status (At least 51% Black owned) 10

▪ Points for 51% Women’s Equity 4

▪ Points for black person with Disability 3

▪ Points for 51% owned Youth firm 3

Form not completed or submitted 0

Note:

The bidder must submit a CSD number or CIPC documents indicating share ownership

or directorship of the company or a comprehensive CSD report which must indicate the

names of the owners, their gender, race, age, whether there is a person living with

disability or not (Medical certificate will be used to verify the disability status of the

bidder) in order to claim the preferential procurement points.

Nb: critical criteria

1. Only bidders who are registered on the central supplier

Database will be considered for appointment

2. All pages of the bid document must be initialed and signed

Where required

3. Bid document must be completed in ink
4. Bid document must be properly received in a sealed

Envelope clearly indicating the description of the service

And the bid number for which the bid is submitted

5. The bid must be deposited in the relevent tender box as

Indicated on the notice of the bid on or before the closing

Date and time of the bid

6. Bids must comply with the requirements and specifications

Of the bid

7. All prescribed supporting documents as specified in the bid

Document must be attached

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

The state

Musina local municipality

Information brochure

For the use by

Prospective bidders

Completion of Bid Documents

Musina local municipality

Page Contents

no

1 Invitation to Bid 1-9

2 Information Brochure 10-19

3 General Conditions of Contract 20-31

4 Preference point explanation 32-37

Forms to be completed by the Bidder (see 5 38-65

of tender document for checklist)

Please note:

This bid document must be submitted as a whole and

All forms thoroughly completed, do not remove

Any pages.

All documentation as on the checklist must be

Attached to the document.FAILURE To attach the

Required document will lead to disqualification

1, general

Bids/proposals invited by the Musina Local Municipality are subjected to

the Councils “General Conditions of Contract with Regards to Tenders

Procurement Policy of Council and any other document supplied with the

Bid Document. It is of vital importance that bidders study this information

document thoroughly in order to be fully acquainted with the terms and

conditions contained therein.

This information document will be supplied with every bid/proposal

document issued by the Council.

The advertisement in the newspapers will contain information regarding

the Bid Number, Closing Date and Time, short Description of requirements,

from where bid documents can be obtained and the address to which

the bid documents must be submitted. It is the responsibility of a bidder

to ensure that a bid is submitted on time at the correct address.

Bids/proposals received after the closing date and time be late

And cannot be admitted for consideration.

The purpose of the advertising of a bid firstly to expose the requirement as

widely as possible and secondly to offer an equal opportunity to as many

firms as possible to submit bids/proposal, thereby promoting fair

competition.

A bid is a written offer on the official bid documents from the bidder to

the Council and if accepted by the Council, a letter of acceptance is

issued and a binding contract comes into effect.

2. Bid documents

2.1 Specific standard forms are used to compile a bid document. These

forms vary depending on the requirements.

A bid document will consist of all or any of the following;

1 Invitation to bid.

2 Information Brochure.

3 General Conditions of Contract.

4 Preference Point Explanation.

5 Forms to be completed by Bidder.

A Form of Bid.

B Signatory Authorisation.

C Declaration of Interest.

D Certificate of Preference Claimed by Bidder for Local

content and SABS mark.

E Contract between Council and Bidder in terms of the

Occupational Health and Safety Act (Act )

Each of the above documents will be discussed separately.

2.1.1 The Form of Bid must be completed by the Bidder in black ink and must

be duly signed by him as well as two witnesses. Failure to complete this

document will result in the whole bid document being rejected.

2.1.2 The Signatory Authorisation must be completed by the Bidder. Failure to

do so will render the bid document void.

2.1.3 General Conditions of Contract in Regard to Bids. The Bidder must take

note of this document and must adhere to the conditions stipulated

therein. This document forms part of the bid document and the

specifications.

2.1.4 Certificate of Preference. (Local content and SABS marking). If this

document is not completed, no preference will be considered on any

local contents or SABS marking. It is in the best interest of the Bidder to

complete this document. Care should be taken as to the percentages

claimed as Council reserves the right to demand proof thereof.

2.1.5 Preference Point Certificate. In order to create an enabling environment

for historically disadvantaged individuals (HDI’s) to participate in public

sector procurement activities, a preference mechanism had been

introduced. The aim is to provide for a preference points system based

on equity ownership by historically disadvantaged persons in an

enterprise and will be applicable on all requirements.

Points will be adjudicated on the following basis:

Value <R50 000 000 Value >R50 000 000

Price 80 90

Equity ownership by HDI’s 20 10

Total 100 100

On this form the Bidder must indicate the names and percentage equity

ownership of historically disadvantaged persons within the enterprise. The

preference points system will be applied only after all those bids which

comply with the specified requirements were brought to a comparative

level and the bid may then be awarded to the Bidder that scores the

highest points provided that the bid adhere to all the specifications.

The definitions contained in this form must be studied carefully. It should also

be noted that the form contains a declaration and incorrect or misleading

information could have serious consequences for the Bidder.

2.1.6 Declaration of Interest. In order to ensure that all Bidders receive fair and

equal treatment, it is necessary to complete this form. All bids received

must be evaluated and adjudicated objectively without favoritism and

without acting to the detriment of any person.

2.1.7 Specification. All offers made are evaluated for compliance against the

information furnished on the specification. Should a bid document make

reference to a National or International specification listed hereunder,

then bidders must ensure that the relevant specification is adhered to

and that they comply with the specific specification. If the requirement is

subject to a certain specification, such specification must be obtained

directly from:

Sabs

Private Bag X 191

Pretoria

0001

List of Specifications:

ARP Recommended Practice

BS British Standard

CISPR International Special Committee on Radio Interference

CKS Coordination Specification

DIN Deutsche International Norm

ECE Economic Commission for Europe

EEC European Economic Community

EN European Standard

ENV European Pre-Standard

IEC International Electro-technical Commission

ISO International Organisation for Standardisation

MPT Mobile Service of the Radio Communications in Britain

NRS Rationalised User Specification

SABS South African Bureau of Standards

SABS SM SABS Standard Method

VC Compulsory Specification (technical regulation)

The specification will contain all the information and requirements to which

the product must comply. The specification must be studied carefully and

against each requirement it must be indicated whether it complies with the

specified requirements, by inserting Yes or Comply where applicable. Any

deviation from the specification must be clearly indicated. Incorrect and

misleading information furnished by a Bidder will invalidate the tender.

In the event a Bidder wrongly indicated that the product/service is to

specification, it will be expected of that tenderer/contractor to, in terms of

the contract, supply a product that does conform to the specification at his

bidding price.

2.1.8 Special conditions. Special conditions will inter alia be applicable on

requirements other than normal requirements. Special conditions

provided for in the bid document must be studied with care as any

deviation there from may result in the disqualification of a bid. Should

any of the special conditions be in conflict with the conditions contained

in the rest of the document, the special conditions will take precedence.

3. Important notes

3.1 It is the responsibility of the bidders to ensure that their bids are submitted

before the closing time to the correct address. Tenders received after

the closing date and time are late and will NOT be considered.

Please note that the Tender Box of the Council is open from 07:30 to 16:00,

Mondays to Fridays, excluding public holidays.

The Tender Box is situated at the Reception Office - Room 53 (cnr of Irwin

and Scholtz)

3.2 The bid document as well as the relevant forms must be signed in black

ink. Failure to sign ALL relevant documents will invalidate the bid. All

pages of the bid document must also be initialled.

3.3 A definite price must be indicated in the bid document and statements

such as “price to be negotiated” or “to be advised” are not acceptable

and will be disregarded.

3.4 Tenders submitted by facsimile, telex, telegram or e-mail WILL NOT BE

Considered.

3.5 It should be noted that bids are valid for a certain period (normally 90

days), during which period the Municipality will evaluate and consider

the bids received. During this period bidders should not make enquiries

with regard to the adjudication of a bid as such enquiries are time

consuming and information cannot and will not be given.

3.6 The complete Bid Documents obtained must be submitted in the same

order and no part thereof must be removed or omitted.

3.7 Conditional discounts will not be taken into consideration in the

calculation of comparative prices.

3.8 All bid documents must include the following documents:

Tax Compliance Status Pin Issued

Certified ID copies of all members / owners / shareholders /

Trustees

Copy of municipal rates and taxes statement of account not older

than three months for all directors and for company

Certified copy of latest Annual Financial Statements of company

Central supplier database registration report

All other documents as indicated in the General Conditions

Document

3.9 The Bidder’s documentation (covering letters, certificates etc.) must be

attached at the back of the official bid document. (i.e. After the

Councils price schedule)

This document is compiled to the specifications of the PREFERENTAIL

PROCUREMENT POLICY FRAMEWORK ACT, Act

Musinal local municipality

Contract for the supply and delivery of goods and/or the

Execution of works.

General conditions of contract with regard to bids

1. Definitions

Unless inconsistent with or expressly indicated otherwise by the context –

A “Approved” or “Approval” shall mean approved or approval by

the Council or its representative defined in the specifications.

B “Council’s representative” shall mean the head of a directorate or

any other official of the Council mentioned in additional bid

conditions or specifications as the case may be.

C “Council” shall mean the Musina Local Municipality

D i. “Contractor” shall mean the Bidder whose bid has been

accepted by the Council and shall include the Bidder’s legal

personal representative, heirs, successors and assignees.

ii. “Sub contractor” shall mean the supplier who, on a regular basis

supply the contractor with material and small parts in regard to his

contract with the Council.

E “Contract” shall mean and include the Council’s General

Conditions of Contract in regard to Bids, form of bid, special

conditions of the contract, the specifications including any

schedules, drawings, patterns, samples approved by the Council’s

representative relative to the contract, and any agreement

entered into in terms of the Council’s General Conditions of

Contract in regard to Bid’s, herein-after referred to as “The General

Conditions”.

F “Contract Price(s)” shall mean the price(s), including Value-Added

Tax. Bid by the contractor and accepted by the Council for the

execution of the contract.

G “Date of delivery” shall mean the date stipulated in the contract for

the delivery of the goods and the completion of the works.

H “Date of bid” shall mean the date and time on which bids are due

to be deposited in terms of the advertisement calling for tenders.

I “Delivery” shall mean delivery in compliance with the terms and

conditions of the contract at the point of delivery specified in the

contract.

J “Goods” shall mean the machinery, plant, equipment, apparatus

or materials to be supplied under the contract.

K “Month” shall mean the calendar month.

L “Site” shall mean the building or ground or any other place in

which or on which or over which goods are to be stored, installed

or used.

M “Specification” shall mean the specification annexed to these

General Conditions.

N “Writing” shall mean and include any manuscript, typewritten or a

printed statement, under or over signature of seal as the case may

be.

O “Work” or “Works” shall mean and include goods to be provided

and work to be done by the contractor in terms of the contract.

2. Bidder to satisfy himself as to conditions and

Details of bid

The bidder, by bidding, shall be deemed to have satisfied himself as to all

conditions and details affecting the bid.

3. Complete acceptance of conditions

3.1 The bidder shall be deemed to know and understand the General

Conditions of contract in regard to bids and the submission of a bid

shall presume complete acceptance thereof. The non-

acceptance or variation of any of these conditions or the inclusion

of any other condition will render the bid liable to rejection.

3.2 If the Council imposes special conditions in respect of a contract,

such special conditions must be contained in the specifications of

the contract and be supplementary to the General Conditions

mentioned here-in; provided that the special conditions shall apply

when it is contradictory to the General Conditions.

3.3 Subject to the provisions of the foregoing sub-clauses, the Bidder

may qualify any of the said conditions; but no qualification of a

condition shall, if his bid is accepted, form part of his contract with

the Council unless at the time of bidding it is indicated in writing

specifically in relation to each and every condition and the exact

extend to which it is qualified.

4. Assignment

4.1 This contract is personal to the contractor and the contractor shall

not subject, assign or make over the contract or any part thereof,

or any share or interest therein, to any other person without the

written consent of the Council and on such condition as it may

approve.

4.2 This clause shall not apply to sub-contracts given to regular

suppliers of the contractor for materials and minor components

relating to the goods to be supplied. The Council reserves the right

to demand from the contractor to submit the names of any such

sub-contractors for its approval.

5. Shortcomings

If discrepancies, contradiction or default of agreement seems to be

present in the description, the measurements, the qualities or the

quantities mentioned in the contract, the contractor must, before

proceeding with the execution of the contract or part thereof in which

the aforementioned shortcomings see to appear, refer the matter to the

Council’s representative for decision.

6. Quality and guarantee

6.1 All goods supplied shall be equal in all respect to samples, patterns,

or specifications where such are provided.

6.2 If the Council should after acceptance of the bid and/or during

the manufacture of the specified goods, decide on

recommendation from the Bidder or otherwise to modify or change

the specification in the Council’s favour, such modification or

change shall be implemented by the contractor to the Council’s

satisfaction.

6.3 Tests and analysis may be made as deemed necessary, and the

costs thereof shall be borne by the Council provided it is proved

that the goods are of the stipulated quality, failing which the cost

shall be defrayed by the contractor; the Council to have the right

to deduct such cost from the payments due to the contractor or

otherwise to recover the same from him.

6.4 The contractor shall not be relieved of his obligations in respect of

the sufficiency of the materials and workmanship and the quality of

the goods by reason of no objection having been raised thereto by

the Council’s representative at the time the goods were delivered.

6.5 If at any time but not exceeding six months after delivery, or within

the period laid down in any supplementary or special conditions of

contract, the Council proves that the goods or any part or parts

thereof is/are faulty or of inferior quality or workmanship or of poor

design, or on account of the goods not being in strict accordance

with the contract, the contractor shall immediately remedy the

said defect free of cost to the Council.

Should the contractor delay remedial work in excess of the time

stipulated by the Council’s representative, the Council may have

such remedial work executed at the contactor’s expense. Should

the Council decide that the defect is such that it cannot be

remedied, the goods may be rejected and held at the risk and

expense of the contractor and shall, on request of the Council,

immediately remove the goods after notification that it is rejected.

The contractor shall be responsible for any loss the Council may

sustain by reason of such action as the Council may take in terms

of this clause.

6.6 The risk in respect of all goods purchases by the Council under the

contract shall remain with the contractor until such goods have

been delivered to and received by the Council.

6.7 The principal feature of the goods and works are described in the

specification but the specification does not purport to indicate

every detail of construction or arrangement of goods and work

necessary to meet the requirements. Omission from the

specification of references to any part or parts shall not relieve the

contractor of his responsibility for carrying out the work as intended

by the contract.

6.8 If any dispute shall arise between the Council and the contractor in

connection with the quality and guarantee of the goods, either of

the parties may notify the other in writing, of the existence of such

dispute, which shall thereupon be referred for the arbitration in

South Africa of a person to be mutually agreed upon. Such

submission for arbitration takes place in terms of the arbitration laws

in force in the Republic.

7. Alternatives

The Bidder may submit alternatives which, in his opinion, are to the Council’s

advantage economically and technically.

8. Variations

In the event of bids being offered for goods differing or varying from

requirements of the specification, al such differences or variations shall be

clearly indicated and describes in the bid.

9. Default

Should it appear to the Council that the contractor is not executing the

contract in accordance with the true intend and meaning thereof, or that

he is not carrying on the work at such rate of progress as to ensure delivery

by the date of delivery or that the time has expired within which delivery

should have taken place or in the event of any other failure or default by the

contractor, then and in any of such events the Council may give notice in

writing to the contractor to make good the failure or default, and should the

contractor fail to comply with the notice within the period specified therein,

then and in such case the Council shall, without prejudice to any of its rights

under the contract, be at liberty forthwith to perform such work as the

contractor may have neglected to do, or to take the contract wholly or in

part out of the contractor’s hands and order from any other person. The

contractor shall be responsible for any loss the council may sustain by reason

of such action as the Council may take in terms of this clause.

10. Patents

10.1 The Council accepts that the contractor that there will be no

violation to patent or other commercial rights or privileges from this

contract or due to the use of any article being part of the contract.

10.2 If and when notice is given to the contractor by the Council, the

contractor shall

10.2.1 defend any claim or lawsuit instituted against the Council in

regard to alleged violation or the non-payment of patentee

shares at his costs;

10.2.2 Pay or repay the Council any or all moneys payable or paid

by the Council for patentee shares or otherwise, as well as

any expense, legal costs, loss or damage concluded or

sustained by the Council for such claims or lawsuit.

11. Packing

All goods shall, at the cost of the contractor, be crated or packed

according to commercial custom. Unless otherwise specified, packing

cases and packing materials are included in the contract price and shall be

and remain the property of the Council.

12. Payment

Except otherwise determined in the additional or special contract

specifications, payment shall take place as follows:

The Council shall pay for material supplied by the contractor within thirty

days following the month the delivery took place on condition that a

statement is delivered by the contractor to the Council within such time that

it is readily possible to make such payment timeously.

13. Particulars to be supplied

13.1 Proof must be submitted before appointment whether or not the

goods offered comply with the specification.

13.2 Required particulars not furnished, may result in non-compliance to

the specification.

13.3 Bidders must state the country of origin and the name of the

manufacturer of the goods, or any part thereof, offered.

Documentary proof must be produced by the Bidder if required by

the Council.

14. Firm bids

Bidders may submit firm bids which shall be free from all price fluctuations.

15. Qualified/unqualified tenders (preference)

The Council may, whilst considering the bids:

15.1 render preference to bids of which qualifications and conditions

are most favourable;

15.2 render preference to firm bids;

15.3 (where bids are subject to price fluctuations) render preference to

bids where:

15.3.1 the price factor controlling the selling price is such that any

fluctuations in the price can be easily proved;

15.3.2 labour costs are excluded as a factor controlling price

fluctuations.

16. Preferential scales

16.1 Where goods, produced, manufactured or assembled on South

Africa competes with goods imported, such goods will be preferred

when bids are compared on a basis as determined by the

Administrator from time to time.

A separate certificate on local contents and SABS markings are

attached hereto. Bidders must note that the Council is bound to

take local preference in consideration.

16.2 Certification of local content preference claimed

Any Bidder who claims preference for goods wholly or partially

produced, manufactured or assembled in South Africa, shall certify

the percentage of preference he is entitled to and ensure that the

costs are fully and accurately determined to his best knowledge,

belief and experience and in accordance with the genuine local

content. The Council may at any time if he so wishes, demand that

a sworn statement and documentary proof to this effect be

submitted. In the event of a contract allocated to a Bidder as a

result of preference claimed and it is later proved that the

preference claimed were too big, the Council may besides any

legal means it possesses:

16.2.1 recover all costs, losses or damages suffered by the Council,

for such acceptance of the bid, form the Bidder;

16.2.2 impose a fine not exceeding 5% of the contract price;

16.2.3 recover all costs, losses and damage mentioned in

paragraph (a) from the Bidder and impose a fine mentioned

in paragraph (b)

16.3 Where preference is claimed in terms of Historically Disadvantaged

Individual (HDI), such claims will be considered by the Council on a

basis as determined by Preferential Procurement Policy Framework

Act (Act )

Separate certificates on preference claimed for HDI and

Declaration by Bidder are attached hereto. Preference claims

hereunder shall only be considered if these two documents are

completed and signed.

16.4 In the event of a contract allocated to a Bidder as a result of

preference claimed under 3 above and it is later proved that the

preference claimed were not correct the Council may, besides

any legal means it possesses;

16.4.1 recover all costs, losses or damages incurred or sustained by

the Council as a result of the contract; and/or

16.4.2 cancel the contract and claim any damages which the

Council may suffer by having to make less favourable

arrangements after such cancellation; and/or

16.4.3 impose a penalty not exceeding 5% of the contract price.

17. Contract price settlement

If the Bidder wishes to place the risk of a rise or fall of certain cost items on

the Council, it should be specifically mentioned on which items or factors this

risk is applied to and at what tariff is calculated.

Failing to mention any factors or items reserved according to this clause

(except clause 27) it will be accepted that the bidding price is a fixed

delivery price.

In all cases of price fluctuations, documentary proof to the Council’s

satisfaction should be submitted for all items and prove of prices the Bidder

paid for such items shall be forwarded irrespective whether an increase is

claimed or otherwise.

If the Bidder fails to deliver the goods or to execute the contract within the

specified time or the extended period according to clause 22 (c), he is not

entitled to claim any additional costs for labour and/or material, but the

Council reserves the right to deduct any benefit due to him in the event of a

decrease in prices of items subject to price fluctuations.

18. Sequestration or surrender of contractor’s estate

In the event of the provisional of final sequestration of the contractor’s

estate, being ordered or if application for such an order is being made, or in

the event of the contractor making application for the surrender of his

estate, or if he shall enter into, make or execute any deed of assignment or

other composition benefit of his creditors, or purport to do so, or if the Court

shall make an order for the liquidation of the contractor being a company,

and without recourse to law, to terminate the contract without payment of

any compensation to the contactor for any damages sustained by it in

consequence of one or other of the aforementioned events.

19. Period for which bid holds good

The submission to the Council of a bid, constitute an agreement between

the Bidder and the Council whereby such bid shall remain open for

acceptance by the Council for the period mentioned in the bid, during

which period the Bidder agrees not to withdraw the same or impair or

derogate from its effect. If no period is mentioned, the bid shall remain

open for acceptance for a period of 90 days.

20. Formal contract and surety ship

The contractor shall, when required by the Council, conclude a formal

contract and surety ship compiled by the Council within seven days from the

date that the document are ready and if necessary also be signed by his

surety. All costs, stamp duty and other advances shall be born by the

contractor.

The security requires by the Council in terms of this clause shall not exceed

ten percent (10%) of the total contract value.

21. General

21.1 The quantities of all goods offered or delivered are to be nett

weights and metric measures according to South African

Standards.

21.2 All prices shall be quoted in South African currency. Any discount

or brokerage allowed to the Council must be stated in the form of

bid.

21.3 The lowest or any bid will not necessarily be accepted and the

Council reserves the right to accept part of any bid only

21.4 Should there be any difference or discrepancy between the prices

or particulars contained in the official form of bid and those

contained in the covering letter of the bid the prices or particulars

contained in the official form of bid shall in all circumstances

prevail.

21.5 The bid must be submitted on the form of bid and forwarded in a

sealed envelope addressed and endorsed as indicated on the said

form of bid and in the advertisement calling for bids.

21.6 Bids must be placed in the Tender Box that is provided for the

reception of bids, or posted to reach the City Secretary not later

than the advertised closing date and time.

22. Delivery

22.1 Bidders shall state in their bids and in the form of tender the

minimum time required to fulfil the contract. Delivery shall be

made in accordance with the requirements set out in the special

conditions of the contract or the specification.

22.2 The delivery of goods and the execution of works arising from this

bid shall be done by the Bidder only upon receipt by the Bidder of

an official order issued by the Council. Delivery shall be made free

of all charges to the Council.

23. Marking of goods

All goods shall be clearly marked in accordance with business practice or in

the manner stipulated in the specifications.

24. Law to apply

The contract shall in all respects be constructed in accordance with the law

of the Republic of South Africa, and any differences that may arise between

the Council and the contractor, in regard to the contract shall be settled in

the Republic of South Africa at Musina.

25. Import control

Goods imported are subject to conditions imposed by the Director of Import

and Export at date of bid and the Council shall not necessarily undertake to

support any applications for import permits.

26. Cancellation of bid and/or contract

When it is found that a Bidder or Contractor:

26.1 a promised to pay or paid any compensation, fee, bonus,

discount or other remuneration to anybody handling a bid or

contract for the acquisition of a contract;

b executes a contract unsatisfactorily;

c is guilty of disfiguration to provisions of the General

Conditions or any other special Contract Conditions or any

other special Contract Conditions that applies;

d act in a deceptive way or “mala fide” towards the Council

or Municipal Department.

The Council may, taking into account all the circumstances

and without prejudice to any of the legal remedies it

possesses towards

i any loss and/or damage sustained,

ii any additional cost or expense in the event of new

bids being called for, or al less favourable bid be

accepted.

Immediately disqualify the Bidder or cancel the contract.

e fail to provide an acceptable guarantee on the pre-

determined date.

f fail to commence or deliver on the agreed commencement

or delivery date.

26.2 The Local Municipality reserves the right to call for new bids for goods/work

referred to in this bid documents if the price of any goods/work increases for

any reason whatsoever after the Council has accepted the bid.

27. Amendments to rail tariffs

Any amendment to rail tariffs between the bidding date and delivery date will be for

the account of the Council on condition that the goods are delivered on delivery

dates.

Musina local municipality

Preference point explanation

Nb: before completing this certificate, bidders must carefully study the

General conditions and general definitions as well as the definitions and

Directives applicable to equity ownership by historically disadvantaged

Individuals in an enterprise.

1. General conditions:

1.1 The preference point system is applicable to all local manufacturers/

suppliers/service providers.

1.2 Failure on the part of a Bidder to fill in and/or to sign the certificate will be

interpreted to mean that point preference is not claimed.

1.3 The Musina Local Municipality reserves the right to require of a Bidder,

either before a bid adjudicated or at any time subsequently, that he/she

should substantiate any claim in regard to preference, n any manner

required by the Council.

2. General definitions:

The defined words and expressions printed in bold letter, shall have the meanings

herby assigned to them unless such meanings are inconsistent with the context of a

particular tender or contract:

2.1 Control: The possession and exercise of legal authority and power to

manage the assets. Goodwill and daily operations of a business and the

active and continuous exercise of appropriate managerial authority and

power in determining the policies and directing the operations of the

business.

2.2 Commercially useful Function: The performance of real actual work, or

the provision of services, in the execution of any contractual obligation

which the business has the skill and expertise to undertake and the

responsibility of management and supervision.

2.3 Equity ownership: The percentage ownership and control, exercised by

individuals within an enterprise determined in accordance with par 3.

2.4 Owned: Having all the customary elements of ownership, including the

right of decision making and sharing all the risks and profits

commensurate with the degree of ownership interests as demonstrated

by an examination of the substance, rather than the form of ownership

arrangements.

2.5 Historically disadvantaged individuals (HDI): All South African Citizens:

(1) who, due to the apartheid policy that has been in place, had no

franchise in national elections prior to the introduction of the

Constitution of the Republic of South Africa, 1983 (Act )

or the Constitution of the Republic of South Africa, 1993 (Act ) (“the Interim Constitution”) and/or

(2) who is a female; and/or

(3) who has a disability

Persons who obtained South African citizenship after the first democratic

elections in April 1994, cannot qualify for preference as a HDI

3. Establishment of his equity ownership in an enterprise

3.1 Equity ownership shall be equated to the percentage of an enterprise

which is owned by individuals, or in the case of a company, the

percentage shares that are owned by individuals who are actively

involved in the management and daily business operations of the

enterprise and exercise control over the enterprise, commensurate with

their degree of ownership.

3.2 Where individuals are not actively involved in the management and daily

business operations and do not exercise control over the enterprise

commensurate with their degree of ownership, equity ownership may not

be claimed.

4. Adjudication using a point system

4.1 Responsive bids will be adjudicated by the Council using a system which

awards points on the basis of :

< The Bidding Price

< Equity Ownership

4.2 The Bidder with the highest number of points will not necessarily be

awarded the contract.

4.3 The preference point system should be calculated on the comparative

price only.

4.4 Points scored will be rounded off to 2 decimal places.

4.5 In the event of equal points scored, the bid will be awarded to the Bidder

scoring the highest number of points for equity owned by historically

disadvantaged individuals.

Bidders are invited from experienced and suitably qualified tenderer(s) to undertake the

process of establishing a township on Portion 6 on portion 39 and remainder extent of

the Farm Messina 4-MT. The purpose of this terms of reference is for the development

of a mixed use development township that combines different land uses

accommodating public transport infrastructure, offices, accommodation facility, nonnoxious industrial development, commercial and business stands; and all other

subsidiary planning processes that should form part of the establishment of the

township

the project should be as follows:

b) Professional Planners (registered with SACPLAN) the lead professional/s -

minimum 3;

• CV’s of key personnel with 5 years relevant town planning experience;
• List of 3 completed township establishments with appointment and

reference letters.

i. Land Surveyor

• Qualification: 2
• Professional Registration: 1

ii. Civil Engineer

• Qualification: 2
• Professional Registration: 1

iii. Environmentalist

• Qualification: 2
• Professional Registration: 1

15.1 render preference to bids of which qualifications and conditions

are most favourable;

15.2 render preference to firm bids;

15.3 (where bids are subject to price fluctuations) render preference to

bids where:

15.3.1 the price factor controlling the selling price is such that any

fluctuations in the price can be easily proved;

15.3.2 labour costs are excluded as a factor controlling price

fluctuations.

NB: Copy of municipal rates and taxes statement (Municipal Bill) account not

older than three months for all directors and for the company. if the Statement

of Municipal Rates is not in the name of bidder and all directors of company, an

affidavit from SAPS must be attached indicating that the company and directors

does not own any property and that they do not owe any municipal rates and

taxes or municipal charges to any other municipality for more than three

months. If renting attach Valid Rental/Lease agreement and latest three months

proof of rental payment. If staying in rural areas attach letter from Traditional

Authority not older than 3 months for the company and all directors also stating

that there are no rates and taxes payable in the area

3.9 The Bidder’s documentation (covering letters, certificates etc.) must be

attached at the back of the official bid document. (i.e. After the

Councils price schedule)

Tax Compliance Status Pin Issued

CSD registration report

CSD number or CIPC documents indicating share ownership

CSD report which must indicate the

Central supplier database registration

Central supplier database will be considered for appointment

Central supplier database registration report

15.1 render preference to bids of which qualifications and conditions

The bidder must submit a CSD number or CIPC documents indicating share ownership

or directorship of the company or a comprehensive CSD report which must indicate the

1. Only bidders who are registered on the central supplier

months. If renting attach Valid Rental/Lease agreement and latest three months

reflected on the Company registration document (Attach Company Registration

CSD registration report. The bid will be rejected if any municipal rates and taxes

a false declaration was made on MBD 8 item (4.4) by the bidder after the

Points Allocation: 00 points

B-BBEE Details: emed not suitable.

12. Tender Evaluation Criteria

a. All bids will be evaluated and adjudicated in terms of Supply Chain Management

regulations, Musina Local Municipality Supply Chain Policy and the Preferential

Procurement Regulation of 2022.

b. Assessment Criteria

All bids received will be evaluated as follows:

First stage

Mandatory requirements to assess each bidder’s ability to execute the scope of work/

contract and all other requirements as specified in the bid document

Second stage

Price and preference point system

80/20 preferential point system will apply

Price 80

Specific goals 20

Total 100

Points will be allocated for specific goals in the following manner

Designated groups Number of Points: (20)

▪ Points for HDI status (At least 51% Black owned) 10

▪ Points for 51% Women’s Equity 4

▪ Points for black person with Disability 3

▪ Points for 51% owned Youth firm 3

Form not completed or submitted 0

Note:

The bidder must submit a CSD number or CIPC documents indicating share ownership

or directorship of the company or a comprehensive CSD report which must indicate the

names of the owners, their gender, race, age, whether there is a person living with

disability or not (Medical certificate will be used to verify the disability status of the

bidder) in order to claim the preferential procurement points.

Nb: critical criteria

1. Only bidders who are registered on the central supplier

Database will be considered for appointment

2. All pages of the bid document must be initialed and signed

Where required

3. Bid document must be completed in ink
4. Bid document must be properly received in a sealed

Envelope clearly indicating the description of the service

And the bid number for which the bid is submitted

5. The bid must be

HDI Requirement: 51%

The intention of the Musina Local Municipality is to appoint a Town and Regional Planning Service Provider registered with the South African Council of Planners (SACPLAN) as a Professional Planner for the purpose of establishing a Township on portion 106 of portion 39 and Remainder extent of the Farm Messina 4-MT.

The Professional Town and Regional Planning Service Provider will be the Lead Professional who will be responsible for and manage all other consultants to undertake all necessary professional studies relating to the establishment of a Township (as mentioned/ defined in section 6.1 (f)).

12. Tender Evaluation Criteria

First stage

Second stage

Price and preference point system

80/20 preferential point system will apply

Specific goals 20

Points will be allocated for specific goals in the following manner

Designated groups Number of Points: (20)

▪ Points for HDI status (At least 51% Black owned) 10

▪ Points for 51% Women’s Equity 4

▪ Points for black person with Disability 3

▪ Points for 51% owned Youth firm 3

bidder) in order to claim the preferential procurement points.

4 Preference point explanation 32-37

6. Quality and guarantee

that the goods are of the stipulated quality, failing which the cost

the sufficiency of the materials and workmanship and the quality of

thereof is/are faulty or of inferior quality or workmanship or of poor