Supply, delivery and off-loading of ring main units – 3-Year panel tender in kwazulu-natal

Ray Nkonyeni Municipality operates and maintains Ring Main Units within its electricity network, including the Port Shepstone CBD. The tender is for the supply, delivery, and off-loading of Ring Main Units (RMUs) to the municipality for a three-year period.

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A non-compulsory clarification virtual meeting will be held on Friday 11 August 2026 at 10:00. The meeting will be held virtually; details to be provided.

{"name":"Ms Nandi","email":"[email protected]","phone":"039-688-2088","department":"S FOR A THREE-YEAR PERIOD","address":"the evaluation and adjudication of"}

Returnable Documents: Company previous relevant experience 10 Appointment letters and corresponding, Companies within CSD preferred address, Please confirm your attendance by sending an email to Ms Nandi Sihlali [email protected],

• Only service providers registered in the Central Supplier Database (CSD) will be considered,

Declarations (MBD 4, 6.1, 8 & 9) must be submitted. The successful bidder will be required to fill in and sign a written contract form (MBD7).

Bidders must be registered on the Central Supplier Database (CSD) and provide proof of registration. Bidders must have a valid Tax Compliance Certificate or Tax Compliance Status PIN from SARS. Bidders must complete and submit the required declaration forms: MBD 4 (Declaration of Interest), MBD 6.1 (Preferential Procurement), MBD 8 (Declaration of Past SCM Practices), and MBD 9 (Certificate of Independent Bid Determination). Joint venture agreements must be included where applicable. Bidders must not be persons in the service of the state. Bidders must submit one original plus one copy of the bid document. Bidders must score at least 60% on functionality (previous relevant experience in supplying, delivering and off-loading RMUs) to be evaluated further. Bidders must not have municipal rates and taxes or service charges in arrears.

Period of three years

Schedule D: Technical details of the specification offered. Schedule H: Details of documentation issued as part of this tender. Schedule M: Ray Nkonyeni Municipality distribution network parameters.

1. Bid Advert 8-9

2. Standard Forms 10-12

3. Evaluation Criteria 13-14

4. General condition of contract 15-28

5. Bid Specification and Pricing Schedule 29-85

6. RNM /MBD 4. Declaration of Interest 86-88

7. RNM /MBD 5.1. Past Experience (1) 89

8. RNM /MBD 6.1. Preferential procurement 90-94

Regulations 2022

9. RNM /MBD 8 Declaration past SCM practices 95-96

10. RNM /MBD 9 Certificate of Independent Bid 97-99

Company previous relevant experience 10 Appointment letters and corresponding

delivery notes or official purchase orders

and corresponding delivery notes

Total Points 10

The 80/20 preference point system shall be applicable during the evaluation and adjudication of

this Bid proposal.

CONTACT PERSON Bongani Mfenqa TELEPHONE NUMBER 039 688 2088

Telephone number 039 312 8304 facsimile number

FACSIMILE NUMBER E-MAIL ADDRESS [email protected]

E-MAIL ADDRESS [email protected]

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 regulations, 2022, the general

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

1.4. The bid offer must be signed by a person authorized to sign on behalf of the bidder;

1.5. A bidder who submitted a bid as a joint venture has included an acceptable joint venture

Agreement with his/her bid;

1.6. A bidder who is a joint venture has included mbd 4, 8 & 9 for each entity in the joint venture

/ Consortium with his/her bid

1.7. The bidderer or a competent authorised representative of the contractor who submitted

The bid has attended the compulsory clarification meeting or site inspection;

Schedule f: place of manufacture, testing and inspection of

Schedule i: testing required.

Schedule j: divergences from the contractual and technical

specify C.8 4.2.5.2 Type of cable testing facility offered

The financial offer will be scored using the formula: Ps = 80(1 - (Pt - Pmin) / Pmin). The applicable preference point system for this tender is the 80/20 preference point system. PRICE 80.

TAX Compliance Certificate

Tax Compliance Status PIN Sheet

TAX COMPLIANCE STATUS TCS PIN: OR CSD No

Tax compliance requirements

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

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

Tax Compliance

TCS PIN: OR CSD No

Csd number

Csd number must be provided

Central Supplier Database (CSD) will be considered,

Central supplier database (csd),

Joint Venture agreements (where applicable)

Joint venture agreement with his/her bid

Appointment letters and corresponding

appointment letters with

1.6. A bidder who is a joint venture has included mbd 4, 8 & 9 for each entity in the joint venture

2. Tax compliance requirements

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

Submit a separate tcs certificate / pin / csd number.

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

A csd number must be provided.

Company previous relevant experience 10 Appointment letters and corresponding

Companies within CSD preferred address

Please confirm your attendance by sending an email to Ms Nandi Sihlali [email protected]

B-BBEE Minimum Level: 36

Points Allocation: 20 points

B-BBEE Details: mum of 60% for functionality will not be evaluated further. The total score awarded will be the

addition of the two scores for price and preference. Preference points claimed in terms of the

Preferential Procurement Policy Framework Regulations of 2022

Functionality Criteria Points Verification documents

Company previous relevant experience 10 Appointment letters and corresponding

delivery notes or official purchase orders

and corresponding delivery notes

Total Points 10

The 80/20 preference point system shall be applicable during the evaluation and adjudication of

this Bid proposal.

SPECIFIC GOALS POINTS Verification Documents

Companies within CSD preferred address

Ray Nkonyeni 20

Municipality

Total points 20

A non-compulsory clarification virtual meeting will be held on Friday 11 August 2026 26 @ 10:00.

Please confirm your attendance by sending an email to Ms Nandi Sihlali [email protected]

and cc Vaneshree Moodley [email protected] before end of business Wednesday,

the 09 August 2026.

All queries to be directed to Ms Nandi Sihlali, Manager Electrical Section on 039-688-2088 or via

email [email protected].

Note to bidders on pre-conditions of the bid:

• The Supply Chain Management Policy of Ray Nkonyeni Municipality will apply. The Council

reserves the right not to accept the lowest bid or any bid and reserves the right to accept the

whole or part of the bid, or to reject all bids and cancel the notice to bid;

• Service providers are required to download bid documents before the clarification meeting,

and present them in meeting on a specified date;

• Only service providers registered in the Central Supplier Database (CSD) will be considered,

attach proof of registration failure to attach will result in your bid not ev

27 August 2026.

Reference: “Tender No 8/2/RNM0652: Panel for supply, delivery and off-loading of ring main units

(RMUs) to Ray Nkonyeni Municipality for a three-year period.

Bidders to submit one (01) copy of the bid document together with the original bid document, bidders

that fail to submit a copy will be disqualified. Fully completed Bid documents must be submitted in a

sealed envelope, clearly marked “PANEL FOR SUPPLY, DELIVERY AND OFF-LOADING OF

RING MAIN UNITS TO RAY NKONYENI MUNICIPALITY FOR A THREE-YEAR PERIOD” and

must be deposited in the Bid box at the Municipal offices at 10 Connor Street, Port Shepstone, no

later than 12:00 on Tuesday, 29 September 2026 after which all Bids will be opened in public.

The procedure for the evaluation of responsive Bid Offers will be Method 4 (Financial Offer,

preference, and quality (functionality) with 80/20 Preference Points System. Bidders that fail to Score

a minimum of 60% for functionality will not be evaluated further. The total score awarded will be the

addition of the two scores for price and preference. Preference points claimed in terms of the

Preferential Procurement Policy Framework Regulations of 2022

16. Payment
17. Prices
18. Variation orders
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Anti-dumping and countervailing duties and rights
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. Transfer of contracts
34. Amendments of contracts
35. Prohibition of restrictive practices

General conditions of contract

1. Definitions 1.1 The following terms shall be interpreted as indicated:

1.2 “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.3 “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.

1.4 “Contract price” means the price payable to the supplier under the

contract for the full and proper performance of his contractual

obligations.

1.5 “Corrupt practice” means the offering, giving, receiving, or soliciting of

any thing of value to influence the action of a public official in the

procurement process or in contract execution.

1.6 "Countervailing duties" are imposed in cases where an enterprise

abroad is subsidized by its government and encouraged to market its

products internationally.

1.7 “Country of origin” means the place where the goods were mined,

grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.8. “Database application form” means the application form required by

the Ray Nkonyeni Municipality to be filled in by the successful Bidder,

following the award of the contract, for inclusion on the RNM database

before payment is made.

1.9 “Day” means calendar day.

1.10 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.11 “Delivery ex stock” means immediate delivery directly from stock

actually on hand.

1.12 “Delivery into consignees store or to his site” means delivered and

unloaded in the specified store or depot or on the specified site in

compliance with the conditions of the contract or order, the supplier

bearing all risks and charges involved until the goods are so delivered

and a valid receipt is obtained.

1.13 "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.

1.14 ”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.

1.15 “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.

1.16 “GCC” means the General Conditions of Contract.

1.17 “Goods” means all of the equipment, machinery, and/or other

materials that the supplier is required to supply to the purchaser under

the contract.

1.18 “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 goods covered by the bid will be

manufactured.

1.19 “Local content” means that portion of the bidding price, which is not

included in the imported content provided that local manufacture does

take place.

1.20 “Manufacture” means the production of products in a factory using

labour, materials, components and machinery and includes other

related value-adding activities.

1.21 “Order” means an official written order issued for the supply of goods

or works or the rendering of a service.

1.22 “Project site,” where applicable, means the place indicated in bidding

documents.

1.23 “Purchaser” means the organization purchasing the goods.

1.24 “Republic” means the Republic of South Africa.

1.25 “SCC” means the Special Conditions of Contract.

1.26 “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.

1.27 “Supplier” means the successful bidder who is awarded the contract

to maintain and administer the required and specified service(s) to the

State.

1.28 “Tort” means in breach of contract.

1.29 “Turnkey” means a procurement process where one service provider

assumes total responsibility for all aspects of the project and delivers

the full end product / service required by the contract.

1.30 “Written” or “in writing” means hand-written 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 (excluding professional services related to the building and

construction industry), sales, hiring, letting and the granting or

acquiring of rights, but excluding immovable property, unless

otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to

cover specific goods, 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

nonrefundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news

media and on the municipality/municipal entity website.

4. Standards 4.1 The goods supplied shall conform to the standards

mentioned in the bidding documents and specifications.

5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,

contract disclose the contract, or any provision thereof, or any specifications,

documents plan, drawing, pattern, sample, or information furnished by or on

and behalf of the purchaser in connection therewith, to any person other

information than a person employed by the supplier in the of the contract.

inspection 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.

6.2 When a supplier developed documentation / projects for the

municipality / municipal entity, the intellectual, copy and patent rights

or ownership of such documents or projects will vest in the municipality

/ municipal entity.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

security 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.

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

tests and

analyses 8.2 If it is a bid condition that goods to be produced or services

to be rendered should at any stage be subject to inspections, tests

and analyses, the bidder or contractor’s premises shall be open, at all

reasonable hours, for inspection by a representative of the purchaser

or organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and

8.3 show the goods to be in accordance with the contract

requirements, the cost of the inspections, tests and analyses shall be

defrayed by the purchaser.

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

comply with the contract requirements, irrespective of whether such

goods or services are accepted or not, the cost in connection with

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

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and

which do not comply with the contract requirements may be rejected.

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

analysed and may be rejected if found not to comply with the

requirements of the contract. Such rejected goods shall be held at the

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

immediately at his own cost and forthwith substitute them with goods,

which do comply with the requirements of the contract. Failing such

removal the rejected goods shall be returned at the suppliers cost and

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

the purchaser may, without giving the supplier further opportunity to

substitute the rejected goods, purchase such goods as may be

necessary at the expense of the supplier.

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

purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 22 of GCC.

9. Packing 9.1 The supplier shall provide such packing of the goods as is

required to prevent their damage or deterioration during transit to their

final destination, as indicated in the contract. The packing shall be

sufficient to withstand, without limitation, rough handling during transit

and exposure to extreme temperatures, salt and precipitation during

transit, and open storage. Packing, case size weights shall take into

consideration, where appropriate, the remoteness of the goods’ final

destination and the absence of heavy handling facilities at all points in

transit.

9.2 The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

requirements, if any, and in any subsequent instructions ordered by

the purchaser.

10. Delivery and 10.1 Delivery of the goods and arrangements for shipping and

documents clearance obligations, shall be made by the supplier in accordance

with the terms specified in the contract.

11. Insurance 11.1 The goods supplied under the contract shall be fully

insured in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation, storage and

delivery in the manner specified.

12. Transportation12.1 Should a price other than an all-inclusive delivered price be

required, this shall be specified.

13. Incidental 13.1 The supplier may be required to provide any or all of the

services following services, including additional services, if any:

(a) performance or supervision of on-site assembly and/or

commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of

the supplied goods, for a period of time agreed by the parties,

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant

and/or on-site, in assembly, start-up, operation, maintenance,

and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not

included in the contract price for the goods, shall be agreed upon in

advance by the parties and shall not exceed the prevailing rates

charged to other parties by the supplier for similar services.

14. Spare parts 14.1 As specified, the supplier may be required to provide any

or all of the following materials, notifications, and information

pertaining to spare parts manufactured or distributed by the supplier:

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

the supplier, provided that this election shall not relieve the

supplier of any warranty obligations under the contract; and;

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

(i) advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

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

purchaser, the blueprints, drawings, and specifications

of the spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the

contract are new, unused, of the most recent or current models, and

that they incorporate all recent improvements in design and materials

unless provided otherwise in the contract. The supplier further

warrants that all goods supplied under this contract shall have no

defect, arising from design, materials, or workmanship (except when

the design and/or material is required by the purchaser’s

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

develop under normal use of the supplied goods in the conditions

prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for

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

of loading in the source country, whichever period concludes earlier,

unless specified otherwise.

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

arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified and with all reasonable speed, repair or replace the defective

goods or parts thereof, without costs to the purchaser.

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

the period specified, the purchaser may proceed to take such remedial

action as may be necessary, at the supplier’s risk and expense and

without prejudice to any other rights which the purchaser may have

against the supplier under the contract.

16. Payment 16.1 The method and conditions of payment to be made to the

supplier under this contract shall be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case

later than thirty (30) days after submission of an invoice or claim by

the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

16.5. Payment will only be made if the supplier has filled in and submitted

the necessary database application form to the satisfaction of the

Chief Financial Officer.

17. Prices 17.1 Prices charged by the supplier for goods delivered and

services performed under the contract shall not vary from the prices

quoted by the supplier in his bid, with the exception of any price

adjustments authorized or in the purchaser’s request for bid validity

extension, as the case may be.

18. Variation 18.1 In cases where the estimated value of the envisaged

orders changes in purchase does not vary more than 15% of the total value

of the original contract, the contractor may be instructed to deliver the

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

quantities, the contractor may be approached to reduce the unit price,

and such offers may be accepted provided that there is no escalation

in price.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its

obligations to perform under the contract, except with the purchaser’s

prior written consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

sub-contracts awarded under this contracts if not already specified in

the bid. Such notification, in the original bid or later, shall not relieve

the supplier from any liability or obligation under the contract.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be

supplier’s made by the supplier in accordance with the time schedule

performance prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its

subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly

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

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

notice, the purchaser shall evaluate the situation and may at his

discretion extend the supplier’s time for performance, with or without

the imposition of penalties, in which case the extension shall be ratified

by the parties by amendment of contract.

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

or to have minor essential services executed if an emergency arises,

the supplier’s point of supply is not situated at or near the place where

the goods are required, or the supplier’s services are not readily

available.

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

the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22,

unless an extension of time is

agreed upon pursuant to GCC Clause 22.2 without the application of

penalties.

21.5 Upon any delay beyond the delivery period in the case of a

goods contract, the purchaser shall, without cancelling the contract,

be entitled to purchase goods of a similar quality and up to the same

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

contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as

may be required to complete the contract and without prejudice to his

other rights, be entitled to claim damages from the supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver

any or all of the goods or to perform the services within the period(s)

specified in the contract, the purchaser shall, without prejudice to its

other remedies under the contract, deduct from the contract price, as

a penalty, a sum calculated on the delivered price of the delayed

goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or

performance. The purchaser may also consider termination of the

contract pursuant to GCC Clause 23.

23. Termination 23.1 The purchaser, without prejudice to any other remedy for

for default breach of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the

period(s) specified in the contract, or within any extension

thereof granted by the purchaser pursuant to GCC Clause

21.2;

(b) if the supplier fails to perform any other obligation(s) under the

contract; or

(c) if the supplier, in the judgement of the purchaser, has engaged

in corrupt or fraudulent practices in competing for or in

executing the contract.

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

the purchaser may procure, upon such terms and in such manner, as

it deems appropriate, goods, works or services similar to those

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

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

supplier shall continue performance of the contract to the extent not

terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the

purchaser may decide to impose a restriction penalty on the supplier

by prohibiting such supplier from doing business with the public sector

for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any

person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the

envisaged restriction should not be imposed. Should the supplier fail

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

regard the supplier as having no objection and proceed with the

restriction.

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

discretion of the purchaser, also be applicable to any other enterprise

or any partner, manager, director or other person who wholly or partly

exercises or exercised or may exercise control over the enterprise of

the first-mentioned person, and with which enterprise or person the

first-mentioned person, is or was in the opinion of the purchaser

actively associated.

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

days of such imposition, furnish the National Treasury, with the

following information:

(a) the name and address of the supplier and / or person restricted

by the purchaser;

(b) the date of commencement of the restriction;

(c) the period of restriction; and

(d) the reasons for the restriction.

These details will be loaded in the National Treasury’s central

database of suppliers or persons prohibited from doing business with

the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in

sections 12 or 13 of the Prevention and Combating of Corrupt

Activities Act, No. , the court may also rule that such

person’s name be endorsed on the Register for Bid Defaulters. When

a person’s name has been endorsed on the Register, the person will

be prohibited from doing business with the public sector for a period

not less than five years and not more than 10 years. The National

Treasury is empowered to determine the period of restriction and each

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

Act the Register must be open to the public. The Register can be

perused on the National Treasury website.

24. Anti-dumping 24.1 When, after the date of bid, provisional payments are required , or

and anti-dumping or countervailing duties are imposed, or the amount of

countervailing amount of a provisional payment or anti-dumping or countervailing

duties and rights right is increased in respect of any dumped or subsidized import, the

State is not liable for any amount so required or imposed, or for the

amount of any such increase. When, after the said date, such a

provisional payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the supplier to the

purchaser or the purchaser may deduct such amounts from moneys

(if any) which may otherwise be due to the supplier in regard to goods

or services which he delivered or rendered, or is to deliver or render

in terms of the contract or any other contract or any other amount

which may be due to him.

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

majeure supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay

in performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify

the purchaser in writing of such condition and the cause thereof.

Unless otherwise directed by the purchaser in writing, the supplier

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

reasonably practical, and shall seek all reasonable alternative means

for performance not prevented by the force majeure event.

26. Termination 26.1 The purchaser may at any time terminate the contract by giving

for insolvency written notice to the supplier if the supplier becomes bankrupt or

otherwise insolvent. In this event, termination will be without

compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or

will accrue thereafter to the purchaser.

27. Settlement 27.1 If any dispute or difference of any kind whatsoever arises

of disputes between the purchaser and the supplier in connection with or arising

out of the contract, the parties shall make every effort to resolve

amicably such dispute or difference by mutual consultation.

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

or difference by such mutual consultation, then either the purchaser or

the supplier may give notice to the other party of his intention to

commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it

may be settled in a South African court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings

herein,

(a) the parties shall continue to perform their respective

obligations under the contract unless they otherwise agree;

and

(b) the purchaser shall pay the supplier any monies due the

supplier for goods delivered and / or services rendered

according to the prescripts of the contract.

28. Limitation of 28.1 Except in cases of criminal negligence or willful

liability misconduct, and in the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential

loss or damage, loss of use, loss of production, or loss of

profits or interest costs, provided that this exclusion shall not

apply to any obligation of the supplier to pay penalties and/or

damages to the purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the

total contract price, provided that this limitation shall not apply

to the cost of repairing or replacing defective equipment.

29. Governing 29.1 The contract shall be written in English. All correspondence and

language other documents pertaining to the contract that is exchanged by the

parties shall also be written in English.

30. Applicable 30.1 The contract shall be interpreted in accordance with South African

law laws, unless otherwise specified.

31. Notices 31.1 Every written acceptance of a bid shall be posted to the Supplier

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice.

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

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

duties duties, license fees, and other such levies imposed outside the

purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties,

license fees, etc., incurred until delivery of the contracted goods to the

purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are

not in order. Prior to the award of a bid SARS must have certified that

the tax matters of the preferred bidder are in order.

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

and taxes and municipal services charges are in arrears.

33. Transfer of 33.1 The contractor shall not abandon, transfer, cede assign or sublet a

contracts contract or part thereof without the written permission of the

purchaser.

34. Amendment 34.1 No agreement to amend or vary a contract or order or the conditions,

of contracts stipulations or provisions thereof shall be valid and of any force unless

such agreement to amend or vary is entered into in writing and signed

by the contracting parties. Any waiver of the requirement that the

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

35. Prohibition 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No.

of restrictive as amended, an agreement between, or concerted practice by , firms

practices or a decision by an association of firms, is prohibited if it is between parties

in a horizontal relationship and if a bidder(s) is / are or a contractor(s)

was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or

evidence obtained by the purchaser has / have engaged in the

restrictive practice referred to above, the purchaser may refer the

matter to the Competition Commission for investigation and possible

imposition of administrative penalties as contemplated in section 59 of

the Competition Act No 89 0f 1998.

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

Competition Commission of the restrictive practice referred to above,

the purchaser may, in addition and without prejudice to any other

remedy provided for, invalidate the bid(s) for such item(s) offered, and

/ or terminate the contract in whole or part, and / or restrict the

bidder(s) or contractor(s) from conducting business with the public

sector for a period not exceeding ten (10) years and / or claim

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

No contract will be awarded to a person who has failed to submit a copy of Tax Compliance

Certificate with a PIN from the South African Revenue Service (“SARS”) certifying that the

taxes of that person to be in order or that suitable arrangements have been made with SARS.

I certify that I have the appropriate authority to furnish the above-mentioned information and that the

above information is correct at the time of completion.

Name: Signature:

Designation: Date:

Technical specifications

Introduction and background

Ray Nkonyeni Municipality operates and maintains Ring Mian Units within its electricity

distribution areas of Albersville, Oslo Beach, Marburg Industrial, Mbango, Rathboneville and

Port Shepstone CBD

The site operating conditions ate critical for the switchgear as it affects the performance and

the operational parameters of the MV equipment:

Description Rating

Maximum altitude above sea level 36m

Atmospheric pressure 1015 hPa

Average mean monthly maximum 20°c

temperature

Average mean monthly minimum 11°c

temperature

Average annual precipitation 30.6mm

Average annual humidity 75%

Coastal / Inland Coastal

Lightning ground flash density 3-5 flash / km2 per annum

Schedules: all schedules must be filled, all test and other

Documentation requested must be attached. Failure to this may invalidate

The bid

Contents:

Schedule a & b: specific requirements as per nrs schedule

Schedule c: applicable standards

Schedule d: technical details of the specification offered.

Schedule e: supplementary conditions applicable to switchgear

Contracts

Schedule f: place of manufacture, testing and inspection of

Equipment.

Schedule g: quality assurance / guarantees of the equipment offered.

Schedule h: details of documentation issued as part of this

Specification and drawings required with tender.

Schedule i: testing required.

Schedule j: divergences from the contractual and technical

Specifications.

Schedule k: similar contracts completed by the tenderer

Schedule m: ray nkonyeni municipality distribution network parameters

Schedule l: enclosure details

Schedule A: Purchaser's (or Municipality’s) specific required requirements

Schedule B: Particulars of equipment to be supplied (to be completed by tenderer)

Nb: bidders are required to complete schedule b to demonstrate compliance or

Non-compliance with the municipality’s specific requirements (as specified in

Schedule a).

1 2 3 4 5

SANS 1874 Schedule Schedule

Items subclause Description A B

C.1 4.1.1 Rated voltage 12kV

C.2 4.2.1.5 Is an indoor or outdoor unit required? Outdoor

Non-

C.3 4.2.2.1 Is an extensible or non-extensible unit required? extensible

C.4 4.2.2.2 Is an extensible unit required? No

Bidder to

specify C.5 4.2.3.2 Degree of protection of unit offered (IP54)

Bidder to

indicate/

specify in C.6 4.2.4 Specify the configuration

tender

document

Bidder to

specify C.8 4.2.5.2 Type of cable testing facility offered

State details of interlocks with remote Bidder to

equipment offered specify C.10 4.2.9.2

C.11 4.3.1.2 Rated normal current of a switch disconnector A 630A

The insulating medium, or the interrupting

medium (or both) of switch disconnectors, if there

is a preference C.12 4.3.2.1 SF6

The insulating medium, or the interrupting Bidder to

medium (or both) of switch disconnectors offered specify C.13 4.3.2.2

1 2 3 4 5

SANS 1874 Schedule Schedule

Item sub clause Description A B

Bidder to

C.27 4.6.5 What is insulation medium of the busbar specify

chamber?

C.28 4.7.1.1 Is a cable box required? Yes

C.29 4.7.1.2 Compound-filled or air-filled cable box required? Air

Cable type

C.30 4.7.1.3 Maximum size(s) 150mm2

Bidder to

Dimensions of cable trench: indicate/

(a) depth in mm specify in

C.31 4.7.1.4 (b) width in mm tender

document

Bidder to

C.32 4.7.2.2 Termination type specify

Bidder to

C.33 4.7.3.3 Quantity of compound required specify

kg

Bidder to

indicate/

specify in

C.34 4.7.4.2 Are only C bushings required? tender

Yes/No document

Bidder to

indicate/

Are the accessories for cable termination specify in

C.35 4.7.5.1 to be supplied by the supplier tender

document

Are cable glands to be insulated and fitted

C.36 4.7.5.2 with an earth and fitted with an earth strap? No

Yes/No

C.37 4.7.5.4 Required method of clamping the cables Clamp

Is a pressure-checking device required?

C.40 4.9.3 Yes/No Yes

Bidder to

C.41 4.9.5 Quantity of SF6 indicate/

in Litres (L) specify in

tender

document

Maximum earth fault current in kA

C.42 4.10.1 20kA

Bidder to

C.43 4.10.3 Size of clamping screw or nut offered

specify

Bidder to

C.44 4.10.7 Size of hole in earthing bar in mm specify

Is live circuit indication required? Yes

C.45 4.11 Yes/No

Neon Type of indicator required

indicators

For which circuits is indication required? All

Is earth fault indication required?

C.46 4.12.1 Yes/No Yes

Allow for remote monitoring and control - RTU to

Yes be provided? Yes/No

Provision for remote status indications and

Yes alarms required. Yes/No

Local indications to be provided? Yes/No

Yes

1 2 3 4 5

SANS 1874 Schedule Schedule

Item subclause Description A B

Bidder to

C.47 4.12.2 Type of earth fault indication offered specify

C.48 4.13.1 Is a kiosk required? Yes/No Yes

Recommended types of tools to install and Bidder to

C.50 4.14.2 maintain unit specify

Bidder to

C.51 4.15.1 Method used to attach rating plates specify

Bidder to

C.52 4.16.1.1 Method used to attach labels specify

C.53 4.16.2.5 Is engraving of main circuit

Yes designation labels

required? Yes/No

If yes, state details

Is a special coating system required? YesC.54 4.17.3 Yes/No Coastal spec

is applicable

C.56 4.17.7 Is the ring main unit required for a Corrosive

corrosive or a non-corrosive environment?

Quantity already produced and installed in South Bidder to

C.57 5.1.3 Africa specify

Bidder to

C.58 5.2(k) Details of internal arc tests specify

Bidder to

C.59 6.1 List of recommended spares specify

Bidder to

indicate/

C.60 7.1 Documentation required specify in

tender

d 29

Schedule c: applicable standards

The applicable SANS/SABS and International standards IEC are:

• SANS/IEC 62271 – Series of standards for medium-voltage (MV) metal-enclosed

switchgear.

• IEC 62271-209 – Rated insulation levels for indoor switchgear;

• SANS/IEC 60376 – Specification of technical grade sulfur hexafluoride (SF6) for use in

electrical equipment.

• SANS 1874: 2015 – Switchgear – metal-enclosed ring main units for rated a.c. voltages

above 1kV and up to and including 36kV.

• SANS 876 – Cable terminations and live conductors within air-filled enclosures (insulation

co-ordination) for rated a.c. voltages from 7,2kV up to and including 36kV.

• IEC 60529 – Degrees of protection procured by enclosures (IP code).

• IEEE Std 142-2007 – Recommended practice for ground of industrial and commercial power

system.

• IEEE Std 367-2012 – Recommended practice for determining the electric power substation

ground potential rise and induced voltage from a power fault.

• IEEE Std 665-1995 – Guide for generating station grounding.

• IEEE Std 837-2014 - Standard for qualifying permanent connections used in substation

grounding.

• SANS 10313 protection against physical damage to structures and life hazards.

1. Definitions 1.1 The following terms shall be interpreted as indicated:

1.2 “Closing time” means the date and hour specified in the bidding

documents for the receipt of bids.

1.3 “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.

1.4 “Contract price” means the price payable to the supplier under the

contract for the full and proper performance of his contractual

obligations.

1.5 “Corrupt practice” means the offering, giving, receiving, or soliciting of

any thing of value to influence the action of a public official in the

procurement process or in contract execution.

1.6 "Countervailing duties" are imposed in cases where an enterprise

abroad is subsidized by its government and encouraged to market its

products internationally.

1.7 “Country of origin” means the place where the goods were mined,

grown or produced or from which the services are supplied. Goods are

produced when, through manufacturing, processing or substantial and

major assembly of components, a commercially recognized new

product results that is substantially different in basic characteristics or

in purpose or utility from its components.

1.8. “Database application form” means the application form required by

the Ray Nkonyeni Municipality to be filled in by the successful Bidder,

following the award of the contract, for inclusion on the RNM database

before payment is made.

1.9 “Day” means calendar day.

1.10 “Delivery” means delivery in compliance of the conditions of the

contract or order.

1.11 “Delivery ex stock” means immediate delivery directly from stock

actually on hand.

1.12 “Delivery into consignees store or to his site” means delivered and

unloaded in the specified store or depot or on the specified site in

compliance with the conditions of the contract or order, the supplier

bearing all risks and charges involved until the goods are so delivered

and a valid receipt is obtained.

1.13 "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.

1.14 ”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.

1.15 “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.

1.16 “GCC” means the General Conditions of Contract.

1.17 “Goods” means all of the equipment, machinery, and/or other

materials that the supplier is required to supply to the purchaser under

the contract.

1.18 “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 goods covered by the bid will be

manufactured.

1.19 “Local content” means that portion of the bidding price, which is not

included in the imported content provided that local manufacture does

take place.

1.20 “Manufacture” means the production of products in a factory using

labour, materials, components and machinery and includes other

related value-adding activities.

1.21 “Order” means an official written order issued for the supply of goods

or works or the rendering of a service.

1.22 “Project site,” where applicable, means the place indicated in bidding

documents.

1.23 “Purchaser” means the organization purchasing the goods.

1.24 “Republic” means the Republic of South Africa.

1.25 “SCC” means the Special Conditions of Contract.

1.26 “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.

1.27 “Supplier” means the successful bidder who is awarded the contract

to maintain and administer the required and specified service(s) to the

1.28 “Tort” means in breach of contract.

1.29 “Turnkey” means a procurement process where one service provider

assumes total responsibility for all aspects of the project and delivers

the full end product / service required by the contract.

1.30 “Written” or “in writing” means hand-written 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 (excluding professional services related to the building and

construction industry), sales, hiring, letting and the granting or

acquiring of rights, but excluding immovable property, unless

otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to

cover specific goods, 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

nonrefundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news

media and on the municipality/municipal entity website.

4. Standards 4.1 The goods supplied shall conform to the standards

mentioned in the bidding documents and specifications.

5. Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,

contract disclose the contract, or any provision thereof, or any specifications,

documents plan, drawing, pattern, sample, or information furnished by or on

and behalf of the purchaser in connection therewith, to any person other

information than a person employed by the supplier in the of the contract.

inspection 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.

6.2 When a supplier developed documentation / projects for the

municipality / municipal entity, the intellectual, copy and patent rights

or ownership of such documents or projects will vest in the municipality

/ municipal entity.

7. Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

security 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.

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

tests and

analyses 8.2 If it is a bid condition that goods to be produced or services

to be rendered should at any stage be subject to inspections, tests

and analyses, the bidder or contractor’s premises shall be open, at all

reasonable hours, for inspection by a representative of the purchaser

or organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the

contract period it is decided that inspections shall be carried out, the

purchaser shall itself make the necessary arrangements, including

payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and

8.3 show the goods to be in accordance with the contract

requirements, the cost of the inspections, tests and analyses shall be

defrayed by the purchaser.

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

comply with the contract requirements, irrespective of whether such

goods or services are accepted or not, the cost in connection with

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

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and

which do not comply with the contract requirements may be rejected.

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

analysed and may be rejected if found not to comply with the

requirements of the contract. Such rejected goods shall be held at the

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

immediately at his own cost and forthwith substitute them with goods,

which do comply with the requirements of the contract. Failing such

removal the rejected goods shall be returned at the suppliers cost and

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

the purchaser may, without giving the supplier further opportunity to

substitute the rejected goods, purchase such goods as may be

necessary at the expense of the supplier.

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

purchaser to cancel the contract on account of a breach of the

conditions thereof, or to act in terms of Clause 22 of GCC.

9. Packing 9.1 The supplier shall provide such packing of the goods as is

required to prevent their damage or deterioration during transit to their

final destination, as indicated in the contract. The packing shall be

sufficient to withstand, without limitation, rough handling during transit

and exposure to extreme temperatures, salt and precipitation during

transit, and open storage. Packing, case size weights shall take into

consideration, where appropriate, the remoteness of the goods’ final

destination and the absence of heavy handling facilities at all points in

transit.

9.2 The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall

be expressly provided for in the contract, including additional

requirements, if any, and in any subsequent instructions ordered by

the purchaser.

10. Delivery and 10.1 Delivery of the goods and arrangements for shipping and

documents clearance obligations, shall be made by the supplier in accordance

with the terms specified in the contract.

11. Insurance 11.1 The goods supplied under the contract shall be fully

insured in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation, storage and

delivery in the manner specified.

12. Transportation12.1 Should a price other than an all-inclusive delivered price be

required, this shall be specified.

13. Incidental 13.1 The supplier may be required to provide any or all of the

services following services, including additional services, if any:

(a) performance or supervision of on-site assembly and/or

commissioning of the supplied goods;

(b) furnishing of tools required for assembly and/or maintenance

of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual

for each appropriate unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of

the supplied goods, for a period of time agreed by the parties,

provided that this service shall not relieve the supplier of any

warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant

and/or on-site, in assembly, start-up, operation, maintenance,

and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not

included in the contract price for the goods, shall be agreed upon in

advance by the parties and shall not exceed the prevailing rates

charged to other parties by the supplier for similar services.

14. Spare parts 14.1 As specified, the supplier may be required to provide any

or all of the following materials, notifications, and information

pertaining to spare parts manufactured or distributed by the supplier:

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

the supplier, provided that this election shall not relieve the

supplier of any warranty obligations under the contract; and;

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

(i) advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

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

purchaser, the blueprints, drawings, and specifications

of the spare parts, if requested.

15. Warranty 15.1 The supplier warrants that the goods supplied under the

contract are new, unused, of the most recent or current models, and

that they incorporate all recent improvements in design and materials

unless provided otherwise in the contract. The supplier further

warrants that all goods supplied under this contract shall have no

defect, arising from design, materials, or workmanship (except when

the design and/or material is required by the purchaser’s

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

develop under normal use of the supplied goods in the conditions

prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the

goods, or any portion thereof as the case may be, have been delivered

to and accepted at the final destination indicated in the contract, or for

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

of loading in the source country, whichever period concludes earlier,

unless specified otherwise.

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

arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period

specified and with all reasonable speed, repair or replace the defective

goods or parts thereof, without costs to the purchaser.

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

the period specified, the purchaser may proceed to take such remedial

action as may be necessary, at the supplier’s risk and expense and

without prejudice to any other rights which the purchaser may have

against the supplier under the contract.

16. Payment 16.1 The method and conditions of payment to be made to the

supplier under this contract shall be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied

by a copy of the delivery note and upon fulfillment of other obligations

stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case

later than thirty (30) days after submission of an invoice or claim by

the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

16.5. Payment will only be made if the supplier has filled in and submitted

the necessary database application form to the satisfaction of the

17. Prices 17.1 Prices charged by the supplier for goods delivered and

services performed under the contract shall not vary from the prices

quoted by the supplier in his bid, with the exception of any price

adjustments authorized or in the purchaser’s request for bid validity

extension, as the case may be.

18. Variation 18.1 In cases where the estimated value of the envisaged

orders changes in purchase does not vary more than 15% of the total value

of the original contract, the contractor may be instructed to deliver the

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

quantities, the contractor may be approached to reduce the unit price,

and such offers may be accepted provided that there is no escalation

in price.

19. Assignment 19.1 The supplier shall not assign, in whole or in part, its

obligations to perform under the contract, except with the purchaser’s

prior written consent.

20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all

sub-contracts awarded under this contracts if not already specified in

the bid. Such notification, in the original bid or later, shall not relieve

the supplier from any liability or obligation under the contract.

21. Delays in the 21.1 Delivery of the goods and performance of services shall be

supplier’s made by the supplier in accordance with the time schedule

performance prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its

subcontractor(s) should encounter conditions impeding timely delivery

of the goods and performance of services, the supplier shall promptly

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

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

notice, the purchaser shall evaluate the situation and may at his

discretion extend the supplier’s time for performance, with or without

the imposition of penalties, in which case the extension shall be ratified

by the parties by amendment of contract.

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

or to have minor essential services executed if an emergency arises,

the supplier’s point of supply is not situated at or near the place where

the goods are required, or the supplier’s services are not readily

available.

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

the performance of its delivery obligations shall render the supplier

liable to the imposition of penalties, pursuant to GCC Clause 22,

unless an extension of time is

agreed upon pursuant to GCC Clause 22.2 without the application of

penalties.

21.5 Upon any delay beyond the delivery period in the case of a

goods contract, the purchaser shall, without cancelling the contract,

be entitled to purchase goods of a similar quality and up to the same

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

contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as

may be required to complete the contract and without prejudice to his

other rights, be entitled to claim damages from the supplier.

22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver

any or all of the goods or to perform the services within the period(s)

specified in the contract, the purchaser shall, without prejudice to its

other remedies under the contract, deduct from the contract price, as

a penalty, a sum calculated on the delivered price of the delayed

goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or

performance. The purchaser may also consider termination of the

contract pursuant to GCC Clause 23.

23. Termination 23.1 The purchaser, without prejudice to any other remedy for

for default breach of contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the

period(s) specified in the contract, or within any extension

thereof granted by the purchaser pursuant to GCC Clause

21.2;

(b) if the supplier fails to perform any other obligation(s) under the

contract; or

(c) if the supplier, in the judgement of the purchaser, has engaged

in corrupt or fraudulent practices in competing for or in

executing the contract.

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

the purchaser may procure, upon such terms and in such manner, as

it deems appropriate, goods, works or services similar to those

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

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

supplier shall continue performance of the contract to the extent not

terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the

purchaser may decide to impose a restriction penalty on the supplier

by prohibiting such supplier from doing business with the public sector

for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any

person associated with the supplier, the supplier will be allowed a time

period of not more than fourteen (14) days to provide reasons why the

envisaged restriction should not be imposed. Should the supplier fail

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

regard the supplier as having no objection and proceed with the

restriction.

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

discretion of the purchaser, also be applicable to any other enterprise

or any partner, manager, director or other person who wholly or partly

exercises or exercised or may exercise control over the enterprise of

the first-mentioned person, and with which enterprise or person the

first-mentioned person, is or was in the opinion of the purchaser

actively associated.

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

days of such imposition, furnish the National Treasury, with the

following information:

(a) the name and address of the supplier and / or person restricted

by the purchaser;

(b) the date of commencement of the restriction;

(c) the period of restriction; and

(d) the reasons for the restriction.

These details will be loaded in the National Treasury’s central

database of suppliers or persons prohibited from doing business with

the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in

sections 12 or 13 of the Prevention and Combating of Corrupt

amount of any such increase. When, after the said date, such a

provisional payment is no longer required or any such anti-dumping or

countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable

difference shall on demand be paid forthwith by the supplier to the

purchaser or the purchaser may deduct such amounts from moneys

(if any) which may otherwise be due to the supplier in regard to goods

or services which he delivered or rendered, or is to deliver or render

in terms of the contract or any other contract or any other amount

which may be due to him.

25. Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

majeure supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay

in performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify

the purchaser in writing of such condition and the cause thereof.

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

reasonably practical, and shall seek all reasonable alternative means

for performance not prevented by the force majeure event.

26. Termination 26.1 The purchaser may at any time terminate the contract by giving

for insolvency written notice to the supplier if the supplier becomes bankrupt or

otherwise insolvent. In this event, termination will be without

compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or

will accrue thereafter to the purchaser.

27. Settlement 27.1 If any dispute or difference of any kind whatsoever arises

of disputes between the purchaser and the supplier in connection with or arising

out of the contract, the parties shall make every effort to resolve

amicably such dispute or difference by mutual consultation.

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

or difference by such mutual consultation, then either the purchaser or

the supplier may give notice to the other party of his intention to

commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it

may be settled in a South African court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings

herein,

(a) the parties shall continue to perform their respective

obligations under the contract unless they otherwise agree;

and

(b) the purchaser shall pay the supplier any monies due the

supplier for goods delivered and / or services rendered

according to the prescripts of the contract.

28. Limitation of 28.1 Except in cases of criminal negligence or willful

liability misconduct, and in the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential

loss or damage, loss of use, loss of production, or loss of

profits or interest costs, provided that this exclusion shall not

apply to any obligation of the supplier to pay penalties and/or

damages to the purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the

total contract price, provided that this limitation shall not apply

to the cost of repairing or replacing defective equipment.

29. Governing 29.1 The contract shall be written in English. All correspondence and

language other documents pertaining to the contract that is exchanged by the

parties shall also be written in English.

30. Applicable 30.1 The contract shall be interpreted in accordance with South African

law laws, unless otherwise specified.

31. Notices 31.1 Every written acceptance of a bid shall be posted to the Supplier

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice.

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

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

32. Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

duties duties, license fees, and other such levies imposed outside the

purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties,

license fees, etc., incurred until delivery of the contracted goods to the

purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are

not in order. Prior to the award of a bid SARS must have certified that

the tax matters of the preferred bidder are in order.

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

and taxes and municipal services charges are in arrears.

33. Transfer of 33.1 The contractor shall not abandon, transfer, cede assign or sublet a

contracts contract or part thereof without the written permission of the

purchaser.

34. Amendment 34.1 No agreement to amend or vary a contract or order or the conditions,

of contracts stipulations or provisions thereof shall be valid and of any force unless

such agreement to amend or vary is entered into in writing and signed

by the contracting parties. Any waiver of the requirement that the

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

35. Prohibition 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No.

of restrictive as amended, an agreement between, or concerted practice by , firms

practices or a decision by an association of firms, is prohibited if it is between parties

in a horizontal relationship and if a bidder(s) is / are or a contractor(s)

was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or

evidence obtained by the purchaser has / have engaged in the

restrictive practice referred to above, the purchaser may refer the

matter to the Competition Commission for investigation and possible

imposition of administrative penalties as contemplated in section 59 of

the Competition Act No 89 0f 1998.

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

Schedule g: quality assurance / guarantees of the equipment offered.

Schedule h: details of documentation issued as part of this

C.32 4.7.2.2 Termination type specify

• SANS/IEC 62271 – Series of standards for medium-voltage (MV) metal-enclosed

switchgear.

• IEC 62271-209 – Rated insulation levels for indoor switchgear;

• SANS/IEC 60376 – Specification of technical grade sulfur hexafluoride (SF6) for use in

electrical equipment.

• SANS 1874: 2015 – Switchgear – metal-enclosed ring main units for rated a.c. voltages

above 1kV and up to and including 36kV.

• SANS 876 – Cable terminations and live conductors within air-filled enclosures (insulation

co-ordination) for rated a.c. voltages from 7,2kV up to and including 36kV.

• IEC 60529 – Degrees of protection procured by enclosures (IP code).

• IEEE Std 142-2007 – Recommended practice for ground of industrial and commercial power

system.

• IEEE Std 367-2012 – Recommended practice for determining the electric power substation

ground potential rise and induced voltage from a power fault.

• IEEE Std 665-1995 – Guide for generating station grounding.

• IEEE Std 837-2014 - Standard for qualifying permanent connections used in substation

grounding.

• SANS 10313 protection against physical damage to structures and life hazards.

This bid is subject to the Preferential Procurement Regulations, 2022, the General Conditions of Contract (GCC) and, if applicable, any other special conditions of contract. The bidder must have attended the compulsory clarification meeting or site inspection. In bids where consortia / joint ventures / sub-contractors are involved, each party must complete and sign the relevant declarations. 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 SARS and if not registered as per 2.3 above.

Schedule A: Purchaser's (or Municipality’s) specific required requirements. NON-COMPLIANCE WITH THE MUNICIPALITY’S SPECIFIC REQUIREMENTS (AS SPECIFIED IN SCHEDULE A) MAY RESULT IN DISQUALIFICATION. Specific requirements include: C.28 4.7.1.1 Is a cable box required? C.46 4.12.1 Yes/No Yes.

The procedure for evaluation of responsive Bid Offers will be METHOD 4 if applicable to your

bid: (Financial Offer, preference and quality (functionality) with 80/20 Preference Points

System. Score quality, rejecting all Bid Offers that fail to score the minimum number of points for

quality stated in the Bid Data. The total score awarded will be the addition of the two scores for

price and preference.

The following formula will be used in Calculation of Percentage for Functionality

PS=So x Ap

Ms

Where:

Ps = percentage scored for functionality by Bid/proposal under consideration

So = total score of bid/proposal under consideration

Ms = Maximum possible score

Ap = percentage allocated for functionality

Bidders that fail to Score a minimum of 60% for functionality will not be evaluated further. The total

score awarded will be the addition of the two scores for price and preference. Preference points

claimed in terms of the Preferential Procurement Policy Framework Regulations of 2022.

Aspect criteria possible verification

Points method

Company Previous Company with 5 or more 10 Attach 5 or more

Experience deliveries relating to supply, relevant appointment

deliver and off-loading of letters with

ring main units (RMUs). corresponding delivery

notes or 5 or more

official purchase orders

with corresponding

delivery notes.

Company with 3 to 4 8 Attach 3 to 4 relevant

deliveries relating to supply, appointment letters with

deliver and off-loading of corresponding delivery

ring main units (RMUs). notes or 3 to 4 official

purchase orders with

corresponding delivery

notes.

Company with less than 3 4 Attach less than 3

deliveries relating to supply, relevant appointment

deliver and off-loading of letters with

ring main units (RMUs). corresponding delivery

notes or less than 3

official purchase orders

with corresponding

delivery notes.

Company with no deliveries 0 No attached relevant

relating to supply, deliver appointment letters with

and off-loading of ring main corresponding delivery

units (RMUs). notes or official

purchase orders with

corresponding delivery

notes.

MAXIMUM POSSIBLE POINTS 10 points

SPECIFIC GOALS POINTS Verification Documents

Companies within CSD preferred address

Ray Nkonyeni 20

Municipality

Companies within 15 CSD preferred address

Ugu District

Municipality

Companies within 10 CSD preferred address

KwaZulu Natal

Other 5 CSD preferred address

Total points 20

b) Financial Offer

The financial offer will be scored using the following formula:

Nf = W1 x[1-(P-Pm) / Pm]

Where:

W1 = 80 for financial values up to R 50, 000, 000.00 (inclusive of VAT) of all responsive

tenders received:

Pm = the value of the comparative offer of the most favourable tender;

P = the value of the comparative offer under consideration;

In the application of the 90/10 preference point system, if all bids received are below R 50, 000,

000.00, the bid must be cancelled. If one or more of the acceptable bid(s) received are above R

50, 000, 000.00 threshold, all bids received must be evaluated on the 90/10 preference point

system.

c) Preferences

Up to 20 points (for financial values up to R 50, 000, 000.00), will be awarded to bidders who

complete the preference schedule and who are found to be eligible for the preference claimed.

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

1.1 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.

1.2 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

1.3 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.

1.4 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.

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 analyses
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental Services
14. Spare parts