BERGRIVIER MUNISIPALITEIT

KWOTASIE 8/2/44-2019 MK127-2019: VERSKAF, AFLEWER & INSTALLEER VAN SPEELPARK TOERUSTING IN REDELINGHUYS

KWOTASIES word hiermee aangevra van bekwame en ervare diensverskaffers vir die verskaf, aflewer & installeer van speelpark toerusting in Redelinghuys, xxxx uiteengesit in die spesifikasies.

Kwotasies in verseëlde koeverte en duidelik buite op gemerk "Kwotasie 8/2/44-2019 MK127-2019 Verskaf, aflewer & installeer van speelpark toerusting in Redelinghuys” moet in die tenderbus by die Munisipale Kantore, Kerkstraat 13, Piketberg geplaas word teen nie later nie as 12:00 op Donderdag, 08 Augustus 2019, waarna kwotasies in die openbaar oopgemaak xxx word.

Dokumente en spesifikasies wat die minimum vereistes bevat, is verkrygbaar op Bergrivier Munisipaliteit se webtuiste (xxx.xxxxxxx.xxx.xx) of ‘n harde kopie by Me. X. Xxxxxxxxx by tel. no. 000 000 0000 of e-pos xxxxxxxxxx@xxxxxxx.xxx.xx gedurende normale kantoor ure, teen ‘n kwotasiefooi van R50.00 betaalbaar aan die Munisipaliteit. Alle Tegniese navrae moet xxxxx word aan Me. Xxxx van Wyk by tel. no. 000 000 0000 of per e-pos: xxxxxxx@xxxxxxx.xxx.xx

Kwotasies is geldig en bindend vir sestig (60) dae na sluitingsdatum.

Kwotasies xxx geëvalueer word ingevolge die Raad se Voorsieningskanaalbestuursbeleid, 80/20 puntestelsel. Dit is dus verpligtend om die Voorkeurverkrygingsvorm te voltooi om te kwalifiseer vir enige voorkeurpunte. Pryse moet BTW insluit.

Verskaffers moet geregistreer wees as ‘n voornemende verskaffer op Nasionale tesourie se Sentrale Databasis Basis (SDB). Die Belastinguitklaringsertifikaat / Belasting ooreenstemmende status Pin / Sentrale verskaffers databasis (SDB) nommer (MAAA….), moet saam met die kwotasie dokument ingedien word. Nie- nakoming hiervan xxx die uitslag van die kwotasie ongeldig verklaar.

Laat, onvolledige kwotasies of kwotasies wat per faks ingedien word, xxx xxx oorweeg word nie. Bewys van versending van ‘n kwotasie xxx xxx as bewys van ontvangs aanvaar word nie. Die Raad behou die reg voor om enige kwotasie of gedeelte daarvan te aanvaar.

MUNISIPALE KANTORE ADV. XXXXXX XXXXX

XXXXXXXXXX 00 MUNISIPALE BESTUURDER

PIKETBERG 7320

MK127/2019 31 Xxxxx 2019

BERGRIVIER MUNICIPALITY

QUOTATION 8/2/44-2019 MN127-2019: SUPPLY, DELIVERY & INSTALLATION OF PLAYPARK EQUIPMENT AT REDELINGHUYS

QUOTATIONS are hereby requested from competent and experienced service providers to supply, deliver & install playpark equipment at Redelinghuys, as set out in the specifications.

Quotations in sealed envelopes clearly marked "Quotation 8/2/44-2019 MN127-2019: Supply, deliver & install playpark equipment at Redelinghuys”, must be placed in the tender box at the Municipal Offices, 00 Xxxx Xxxxxx, Xxxxxxxxx no later than 12:00 on Thursday, 08 August 2019 when quotations will be opened in public.

Quotation documents that contain the minimum requirements are available on Bergrivier Municipality’s website (xxx.xxxxxxx.xxx.xx) or a hard copy can be obtained from Xx. Xxxxxx Xxxxxxxxx at tel. no. (000) 000 0000 or email xxxxxxxxxx@xxxxxxx.xxx.xx during normal office hours at a quotation fee of R50.00 payable to the Municipality. All technical enquiries can be addressed to Xx. Xxxx xxx Xxx at tel. no. (000) 000 0000 or e-mail: xxxxxxx@xxxxxxx.xxx.xx .

Quotations must be valid and binding for ninety (60) days after closing date.

Quotations will be evaluated using the Council’s Supply Chain Management Policy. It is therefore compulsory that the Preference Point Claim form for the Preferential Procurement Regulations is completed in full to make application for preference points. Prices must be VAT inclusive.

Bidders must be registered as a prospective supplier on National Treasury’s Central Supplier Database (CSD). The Tax Clearance Certificate/ Tax Compliance Status (TCS) Pin/ Centralised Suppliers Database (CSD) Registration Number (MAAA….) must be submitted together with the bid. Failure to submit a Tax Clearance Certificate/TCS Pin/CSD registration number may result in the invalidation of the bid.

Late, incomplete or quotations received by fax will not be accepted. Proof of dispatch of a quotation will not be regarded as proof of receipt thereof. Council is not obliged to accept the lowest or any quotation. Council reserves the right to accept any quotation or part thereof.

MUNICIPAL OFFICES ADV. XXXXXX XXXXX

00 XXXXXX XXXXXX MUNICIPAL MANAGER

PIKETBERG 7320

MN127/2019 31 July 2019

BERGRIVIER MUNICIPALITY

SUPPLY CHAIN MANAGEMENT

REQUEST FOR FORMAL QUOTATIONS

FQ 8/2/44-2019 MN127-2019: SUPPLY, DELIVERY & INSTALLATION OF PLAYPARK EQUIPMENT AT REDELINGHUYS

QUOTATIONS are hereby requested from competent and experienced service providers to supply, deliver & install playpark equipment at Redelinghuys and Piketberg, as set out in the specifications.

No Formal Quotation will be awarded to a bidder who is not registered on the Centralised Supplier Database (CSD).

The CSD supplier number starting with (MAAA) is automatically generated upon successful registration and validation. This MAAA number is now a mandatory requirement, as referred to in regulation 14(1) (b) of the Municipal Supply Chain Management Regulations which form part of the listing criteria for accrediting a prospective service provider. Prospective suppliers should self–register on the CSD website at xxx.xxx.xxx.xx. Registration with the CSD is compulsory in order to conduct business with BERGRIVIER Municipality.

This bidding document is available on our website, free of charge, at xxx.xxxxxxx.xxx.xx. A non-refundable deposit of R50.00 per document is payable to BERGRIVIER Municipality if collecting a hard copy, during office hours, from the Supply Chain Management Unit, BERGRIVIER Municipality, 00 Xxxx Xxxxxx, Xxxxxxxxx, 0000.

Any specification / administration enquiries can be directed to Ms. I. van Wyk 022 913 6111 / email: xxxxxxx@xxxxxxx.xxx.xx and any Supply Chain Management (SCM) enquiries may be directed to Xx. X. Xxxxxxxxx at 022 913 6036 / email: xxxxxxxxxx@xxxxxxx.xxx.xx

Framework Act and the Preferential Procurement Regulations, 2017. The 80/20 points system will be applicable.
PRICE	80
B-BBEE STATUS LEVEL OF CONTRIBUTION	20
TOTAL POINTS FOR PRICE AND B-BBEE	100

Sealed bids with the Bidder’s name, address and the endorsement “FQ 8/2/44-2019 MN127/2019 Supply, Deliver & install playpark equipment at Redelinghuys” on the envelope, must be placed in the bid box situated at the Bergrivier Municipality, 00 Xxxx Xxxxxx, Xxxxxxxxx or posted to Bergrivier Municipality, PO Xxx 00, Xxxxxxxxx, 0000 not later than Friday, 16 August 2019 at 12h00 when the bids will be opened in public. The bid box is accessible 24 hours a day, 7 days a week and bids must be accompanied by the complete set of documents as required by the municipality. Bids not accompanied by the complete bid document as well as the required documentation, will not be considered. Late, electronic format or faxed bids will not be considered and the Municipality does not bind itself to accept the lowest, part of or any bid. Service providers must ensure that all requirements of relevant legislation are adhered to throughout their contract.

Prospective service providers are advised to consult the Municipality’s Supply Chain Management Policy for the detail. Municipal Manager

Bergrivier Municipality

BERGRIVIER MUNICIPALITY

Administrative enquiries: X. Xxxxxxxxx Ref: Tel: (000)-000 0000 Fax: (000) 000 0000

E-mail: xxxxxxxxxx@xxxxxxx.xxx.xx

Mr/Mrs

Dear Sir / Madam

FQ: REQUEST FOR WRITTEN PRICE QUOTATIONS:

(Over R30 000.00 up to a transaction value of R200 000.00 (VAT included)

FQ: 8/2/44-2019 MN127-2019: SUPPLY, DELIVER & INSTALL PLAYPARK EQUIPMENT AT REDELINGHUYS

This formal quotation must be deposited in the bid box at the Municipal Offices, Kerk Street, and Piketberg no later than

Thursday, 08 August 2019 @ 12:00. The bid box is open 24 hours a day, 7 days a week

The following conditions will apply:

• Price(s) quoted must be valid for at least sixty (60) days from date of your offer.

• Price(s) quoted must be fixed and must be inclusive of VAT.

• A firm delivery period must be indicated.

• In terms of the new Tax Compliance Status System implemented by SARS on 18 April 2016, taxpayers are now able to issue the municipality with a TCS Pin which will be used to verify a bidder’s tax status

online via SARS E-filing, or an original or copy of tax clearance certificate. Page 6.

• Quotations over a value of R 30 000.00 (VAT included) must be accompanied by the relevant MBD documentation for Quotations duly completed, and the enclosed Declaration of interest MB4 , MBD 7, MBD 8, MBD 9, must be scrutinized, completed and submitted together with your quotation.

• The successful provider will be the one scoring the highest points in the event of the lowest bid being higher than R30 000.00.

• Late or faxed quotations will not be considered. The Municipality reserves the right to withdraw any invitation to quote and/or to re-advertise or to accept a part of it. The Municipality does not bind itself to accept the lowest quotation.

Failure to comply with the highlighted conditions will invalidate your offer.

THIS REQUEST FOR A FORMAL QUOTATION IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY, FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT

NB: NO QUOTATIONS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE (see definition

on MBD 4 attached)

MSCM regulations: “in the service of the state” means must be -

a) a Member of -

(i) any municipal Council;

(ii) any provincial legislature; or

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

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

c) an official of any municipality or municipal entity;

d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);

e) an executive member of the accounting authority of any national or provincial public entity; or

f) an employee of Parliament or a provincial legislature.

THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO WILL RESULT IN YOUR OFFER BEING DISQUALIFIED)

NAME OF COMPANY ………………………….………………………………………………

POSTAL ADDRESS ……………….…………………………………………………………

STREET ADDRESS …………………….……………………………………………………

TELEPHONE NUMBER CODE ………………NUMBER………………………………………………

CELLPHONE NUMBER ………………………….………………………………………………

FACSIMILE NUMBER CODE ………………NUMBER………………………………………………

E-MAIL ADDRESS ………………………………………………………………….………

VAT REGISTRATION NUMBER……..………………………………………………………….……….

TAX PIN……………………………… Tax Reference Number ……………………………..….…...…

CSD no. MAAA…………………………………………………………………………..

INCLUDE AN ORIGINAL AND VALID TAX CLEARANCE CERTIFICATE BEEN SUBMITTED/ TSC PIN YES/NO INCLUDE A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE BEEN SUBMITTED? (MBD 6.1) YES/NO IF YES, WHO WAS THE CERTIFICATE ISSUED BY?

A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN NATIONAL ACCREDITATION SYSTEM (SANAS) □ A SWORN AFFIDAVIT □

(Tick applicable box)

(A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE. NOTE A CERTIFIED COPY OR ORIGINAL IS COMPULSORY)

Recent municipal account of company (not older than 90 days) - MUST be attached. Recent municipal accounts of all the Directors/Shareholders - MUST be attached.

IF LEASING/RENTING/LODGING – ATTACHED LATEST VALID COPY OF AGREEMENT.

IF NO PROPERTY REGISTERED IN YOUR NAME SUBMIT AN AFFIDAVIT CONFIRMING THIS. COPY OF AFFIDAVIT IS AVAILABLE ON REQUEST FROM THE SCM UNIT.

SIGNATURE OF SERVICE PROVIDER ………………………… DATE …………………….…………..

CAPACITY UNDER WHICH THIS PROPOSAL IS SIGNED …………………………………

Yours faithfully

Adv. Xxxxxx Xxxxx MUNICIPAL MANAGER

Date: 31 July 2019

BERGRIVIER MUNICIPALITY

ANNEXURES & TITLE

1.1 Covering letter – Invitation to bid

1.2 Tax Clearance Requirements- Updated MBD 2 form must be submitted.

1.3 Pricing schedule – Fixed prices

1.4 Declaration of Interests

1.5 BBBEE

1.6 Contract form – Purchase of goods/works

1.7 Declaration of Bidders past Supply Chain Management Practises

1.8 Certificate of independent proposal determination

1.9 General Contract Conditions

ADDENDUM

1. Check list

FORM NO.

MBD 1

MBD 2

MBD 3.2

MBD 4

MBD 6.1

MBD 7.1

MBD 8

MBD 9 GCC

SM 1

BERGRIVIER MUNICIPALITY

SM 1

CHECK LIST

All BERGRIVIER Municipality Individual(s) proposal documents will have the typical check list as an attachment. This list is to assist all bidders to submit complete proposals.

Bidders are to check the following points before the submission of their proposal:

1. All pages of the document have been read by the contractor.

2. Any discrepancy and misunderstanding is cleared with the relevant officials.

3. All pages requiring information have been completed in black ink.

4. The Schedule of Quantities have been checked for arithmetic correctness.

5. Totals from each sub section of the Schedule of Quantities have been carried forward to the summary page.

6. The total from the summary page has been carried forward to the Form.

7. Surety details where applicable have been included in the proposal.

8. All sections requiring information have been completed.

9. Bidder ensured that all documents is properly completed and signed.

10. The contractor has complied with the proposal prerequisites.

11. The document is submitted before 12h00 on the due date at the designated bid box of BERGRIVIER Municipality.

BERGRIVIER MUNICIPALITY

MBD 2

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations.

1. The Tax Clearance Certificate/ Tax Compliance Status (TCS) Pin/ Centralised Suppliers Database (CSD) Registration Number must be submitted together with the bid. Failure to submit a Tax Clearance Certificate/TCS Pin/CSD registration number may result in the invalidation of the bid.

(a) Tax Compliance Status (TCS) Pin as of 18 April 2016

i. In terms of the new Tax Compliance Status System implemented by SARS on 18 April 2016, taxpayers are now able to issue the municipality with a TCS Pin which will be used to verify a bidder’s tax status online via SARS E-filing. This option will be used to verify the status of the service provider (which should be active or compliant) and will determine if the offer will be further evaluated or omitted, even if the bidder only submitted a TCC as per point 1 above. Service provider’s status which is found inactive or non-compliant their offers will be omitted. Bidders who are not in possession of an valid Tax Clearance Certificate but have a TCS pin must issue the municipality with the following:

Tax Clearance Certificate printed for SARS E-filing
Tax Reference Number:
Tax Compliance Status Pin:

2. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate, Tax Compliance Status Pin and CSD Registration number

3. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision, taxpayers will need to register with SARS as eFilers through the website xxx.xxxx.xxx.xx.

4. If a bidder is registered on BERGRIVIER Municipality supplier’s database; that contains a tax clearance certificate which is active on closing date of Bid/Formal quotation, it must be indicated as such on this page, whereby the attaching of a new tax clearance certificate to this page will not be required.

5. Non adherence to point 4 above may invalidate your offer.

BERGRIVIER MUNICIPALITY

MBD 3.2

PRICING SCHEDULE – FIRM PRICES

NOTE: ONLY FIXED PRICES WILL BE ACCEPTED. FIRM & NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED.

IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE

SUBMITTED FOR EACH DELIVERY POINT.

Name of Bidder FQ Number: 8/2/44-2019

Closing Time: 12h00

Closing Date: 08 August 2019

OFFER TO BE VALID FOR 60 DAYS FROM THE CLOSING DATE OF OFFER

ITEM QTY DESCRIPTION QUOTATION PRICE IN RSA CURRENCY

(INCLUDING VAT)

Required by: BERGRIVIER Municipality

ITEM / PRODUCT DESCRIPTION	QTY	PRICE
Refer to pages 10 - 26	1	R
		R
		R
		R
Subtotal EXCL. VAT		R
VAT (15%)		R
GRAND TOTAL IN RAND (VAT INCLUSIVE)		R

a. The pricing must be fixed.

b. The total bid price must be inclusive of VAT or exclusive for non- VAT vendors.

c. Please Note: BERGRIVIER Municipality reserve the right to downward adjust the scope of work/ quantity required to stay within its budget. Don’t add VAT if you are not registered with SARS.

Munisipaliteit BERGRIVIER Municipality

Attention:

Ms. I van Wyk

Directorate Community Services

FORMAL QUOTATION: SUPPLY, DELIVERY AND INSTALLATION OF PLAYPARK EQUIPMENT IN REDELINGHUYS

Head: Facilities Management Bergrivier Municipality

PO Box 60 PIKETBERG 7320

I, the undersigned, (Full Names)

in my capacity as (if applicable)

of (if applicable)

Present to provide service at the following amount and subject to the conditions and specifications as set out below.

SPECIFICATIONS:

1. SWING 3 SEATER
1.1	LEGS These shall be of 50 mm diameter pipe inclined at a 650 degree angle to the ground. There shall be, 2 pairs of legs 4.2m apart and 2 pairs of stays for the 3 seater swings.
1.2	The legs shall be joined together at the top by a joint assembly.
1.3	END STAYS
1.4	An end stay, inclined at 650 to the ground, shall be bolted to both the outer leg joint assemblies using 12 mm thick lugs welded to the top flattened end of each stay.
1.5	ANCHOR BASE PLATES
1.6	All legs and stays shall be welded to 230 x 230 x 12 mm base plates each symmetrically drilled to accommodate four 16 mm diameter anchor bolts spaced

1.7	CROSS BAR
1.8	This shall be a continuous 50 mm diameter pipe held in place by the joint assemblies and shall be 3,3 m above ground level
1.9	This shall be a continuous 50 mm diameter pipe held in place by the joint assemblies and shall be 3,3 m above ground level
1.10	JOINT ASSEMBLY
1.11	This shall consist of three thick walled 70 mm O D pipes, machined to accommodate in a slide fit the 50 mm diameter legs and cross bars, welded to two 6 mm end plates. 5.2 A 12 mm weld nut shall be suitably positioned on each of these thick walled pipes to enable satisfactory locking of the legs and crossbar after assembly using 12 mm lock bolts. 5.3 The two outer joint assemblies shall each have a 19 mm thick lug welded to its centre pipe for bolting to the end stays.
1.12	BEARING AND CHAIN
1.13	All bearings shall be sealed for life ball bearings mounted in either fabricated steel or cast steel housings which are to be bolted to the crossbar using 12 mm diameter bolts. The bearings shall suit a chain swivel shaft of not less than 12 mm diameter. A grease nipple is to be provided in the bearing housing for greasing of the bearing assemblies.
1.14	The swing chain shall be a short link No. 13 galvanised 7, 1 mm chain attached to the bearing assembly using a 10 mm galvanised "D" shackle and to the seat using an 8 mm galvanised "D" shackle. Chain length shall ensure that the shackle point of the seat is 1 100 mm above the ground.
1.16	FINISH
1.17	The final paint colours shall be bright yellow, red, blue and green
	INSTALLATION
	Concrete pedestal bases shall be 300 x 300 x 450 mm deep each set with four 16 mm diameter anchor bolts.
	The tarmac base shall be 4 m wide and exceed the stays by 500mm on each side in length.
	SLIDE 3.6M
	All pipework shall be galvanised pipe, prepared as detailed in the "General Specification for Playground Equipment".
	PLATFORM
	The platform base shall be of 8 mm over 6 mm "Vastrap" steel plate 600 x 600 mm in size and shall be reinforced on the underside using 75 x 38 mm channel.
	This platform shall be bolted lengthwise to the slide chute to facilitate attaching the ladder assembly next to the chute.
	Two 50 mm diameter pipe legs, 1.86 m long / 2.5 m long, shall be bolted/welded to the underside of the platform as shown. An end stay leg shall be centrally bolted to the underside of the platform and positioned as shown. A 230 x 230 x 12 mm base plate shall be welded to each leg and drilled to accommodate four 16 mm diameter anchor bolts.
	HAND RAILINGS
	All hand railings shall be of 25 mm diameter pipe and shall be welded to 25

	mm pipe uprights. The platform handrail shall be 760 mm high with the uprights first welded to 50 x 50 x 6 mm steel base lugs and then these lugs welded to the platform
	The hand railing from the ladder shall be joined to the two platform handrails in a smooth, pinch-free joint. Nine vertical 19 mm diameter uprights and two horizontal 12 mm diameter bars shall be welded, evenly spaced between the platform handrails.
	Both outer and inner hand rails on the platform shall extend down the chute for approximately 1 metre and shall be bent to follow the incline of the slide. Suitable bracing shall be provided.
	ACCESS LADDER
	This shall be made from 65 x 6 mm flat iron sides having 400 x 100 x 8 over 6 mm Vastrap plate steps welded between them at 175 mm pitch.
	The ladder shall be positioned as shown on the picture.
	Hand railings on the ladder shall be 25 mm pipe. Each rail shall be welded to three 300 mm x 25 mm diameter pipe uprights evenly spaced along the length of the ladder.
	The ladder shall be securely bolted to the platform and anchored at the ground using two 16 mm diameter anchor bolts for each leg. 150 x 150 x 12 mm anchor bases shall be welded to the base of each leg.
	A tarmac base must be installed around the slide.
	SEE-SAW 4 SEATER
	BEAM AND FITTINGS
	The beam shall be a 4,5 m long x 125 mm diameter black steel pipe reinforced at the centre pivot point, welded to a steel rib 1 000 x 50 x 10 mm positioned in a vertical plane to the top and bottom centre line of this pipe. These reinforcing ribs shall be chamfered at 45o at either end and shall have all sharp edges removed. This complete beam assembly shall be hot dipped galvanised after fabrication.
	The beam shall be mounted on a 38 mm bright steel shaft running on two heavy duty xxxxxxx blocks with self-aligning pedestal bearings each fitted with easily accessible grease nipples for lubricating.
	A bearing protection cover plate shall be bolted on to a 25 x 6 mm steel frame welded centrally on the beam so as to completely straddle the bearing assembly. This cover plate shall be bent in a square inverted U shape and be suitably braced with cross stays welded to the pipe to ensure rigidity. It shall be made from 16 gauge galvanised sheeting, 450 mm long and folded to provide 250 mm sides. All edges shall be folded over with at least a 12 mm seam to give a smooth edge all round.
	A locking device to lock the beam in either of the fully tilted positions shall be provided, fitted near to the pivot centre. 1.5 The beam shall be closed off 150 mm from the ends with expanding metal mesh.
	Cut and shaped motor car tyre buffers shall be folded over and bolted at either end of the beam.
	Two seats made from 300 x 180 x 25 mm solid Meranti shall be fitted, one

	behind each Tee hand grip. Seat edges shall be rounded smooth. Each seat shall be bolted to a suitable full size 3 mm steel plate suitably bent and welded to the pipe. The steel plate under the wooden seats should not be bent in a way that it collects water on the inside. Bolts used shall be of the wide cup headed type and shall be positioned so as to make tampering with the nuts impossible.
	Two Tee shaped hand grips, each 230 mm high and 280 mm wide, manufactured from 25 mm galvanised pipe shall be welded vertically, two at either end and along the centre line of the pipe, and spaced 380 mm from the pipe ends. The ends of the hand grips shall be blanked off and ground smooth.
	CENTRE BEARING SUPPORT
	This shall be designed to accommodate the bearing pedestals and shall be made from four 38 mm diameter galvanised steel pipes welded trapezoidally with the legs spaced approximately 470 mm apart at the bottom and 230 mm at the top.
	Overall height of the beam above ground and in the horizontal position shall be 700 mm.
	The complete structure shall be braced with 38 mm diameter galvanised pipe stays welded horizontally 300 mm above the ground.
	The bearing base plate shall be robustly constructed to prevent failure due to side sway of the beam.
	The legs shall be welded and joined at their base to a 50 x 12 mm steel strip. Eight anchor bolt holes to suit 16 mm diameter anchor bolts shall be symmetrically drilled in this steel base strip.
	FINISH
	The complete structure shall be finished in blue and yellow enamel paint colour.
	INSTALLATION
	Eight x 16 mm diameter anchor bolts shall be set into a concrete pedestal base 900 x 900 x 1000 mm deep.
	The tarmac base shall be 5, 5 m x 1, 70 m in size with the See Saw centrally positioned.
	Two motor car tyres shall be set into the tarmac base one at either end of the beam to act as bump stops.
	WOODEN PLAYING EQUIPMENT
	ZET: 5,4M x 1,5M
	XXXXXX: 3M x 1,5M + 1,8M
	Tanalite twisted poles approved by SABS.
	Poles – 90mm vertical and 100mm horizontal
	Galvanized buttocks, nuts and chains must be used.
	Material and workmanship must be guaranteed for 12 months from installation against breakages and rust. Parts that are found to be defective must be replace at any time.

	Delivery and installation three (3) weeks from date when order form has been received.
	Equipment must be free from sharp edges
	JOY WHEEL
1.	WHEEL
1.1	Outside diameter of the joy wheel will be 3 m. The outer ring shall be off 38 mm diameter. Pipe welded to six 50 mm diameter pipe radials which in turn are welded to the top of pivot casing. An inner ring of 25 mm diameter pipe will be welded to the radials at a diameter of 2,6 m.
2.	CENTRE SHAFTS AND BEARINGS
2.1	The centre pivot shaft will be solid steel, machined to accommodate the bearings. The shaft will be welded vertically to a 600 × 600 × 12 mm base plate which is to be braced with 50 × 12 mm steel diagonal ribs. Eight symmetrically spaced holes will be drilled at a P C D of 450 mm to accommodate the 25 mm diameter anchor bolts.
2.2	LIMITING BEARING SIZES WILL BE:
	Top – ID not less than 60 mm Bottom – ID not less than 89 mm
2.3	THE BEARINGS WILL BE:
	Top – Taper roller trust bearing Bottom – Angular contact ball thrust bearing
2.4	Provisioned will be made to allow for bearing adjustment when necessary
3.	BEARING HOUSING
3.1	This will be suitably sized, thick walled pipe welded and machined to accommodate the centre shaft bearings in collars.
3.2	Grease nipples will be provided in easily accessible position for lubrication of both bearings.
3.3	The top bearings will be covered with weather proof bolted down cover late to facilitate easy bearing access. The bottom bearing will be sealed with an approved dust seal
3.4	The radial arms will be welded to the top of the bearings housing. The method of gusseting and welding these radial arms to the bearing housing will insure rigidity and strength and be to the approval of the Council inspector.
3.5	After fully pressing the radial arms into the machined tubes they will be welded in place.
3.6	Sufficient provision will be made to ensure that no distortion of the machined bearings collars take place when the top arm assembly is welded.
4.	FINISH
4.1	The final paint colour will be bright yellow
5.	INSTALLATION
5.1	The concrete pedestal base will be 900 × 900 × 900 in size with eight 25 mm diameter anchor. Bolts set in it at a P C D of 450 mm.
5.2	The terrace base will be circular with a diameter pf 5.5 m.

On Completion of installation, a completion certificate must be submitted, which guarantees that it was professionally installed and is suitable for use by the public.

AMOUNT IN FIGURES

QUOTATION AMOUNT:

(NOTE: VAT must be included in quotation)

TENDER AMOUNT
1.	Swing 3 seater	R
2.	Slide 3.6m	R
3.	See-saw 4 seater	R
4.	Zet: 5,4m x 1,5m	R
5.	Xxxxxx: 3m x 1,5m + 1,8m	R
6.	Joy Wheel	R
	GRAND TOTAL :	R

Swing

Slide

See – Saw 4 Seater

Joy Wheel

Zet

Xxxxxx

TECHNICAL SPECIFICATIONS

1. SCOPE OF WORKS AND GENERAL PROVISIONS

Quotations are hereby requested from competent and experienced contractors, with a CIDB- grading of 2GB and higher, for the repairing of the community hall in Aurora. The successful service provider cannot subcontract more than 25% of the work, and such subcontracting can only be done pursuant to the written permission of the municipality. Any consent granted in this regard, and the appointment of a subcontractor shall not imply a contract between the Municipality and the subcontractor, or a responsibility or liability on the part of the Municipality to the subcontractor and shall not relieve the Contractor from any liability or obligation under the Contract and he/she shall be liable for the acts, defaults and neglects of any subcontractor, his agents or employees as fully as if they were the acts, defaults or neglects of the Contractor, his agents or employees. All work must be done according to the Occupational Health and Safety Act, (Act No. 85 of 1993) Gazetted in Vol. 440, No. 23108, 10 February 2002, Regulation Gazette, No. 7276 No. R. 155. The work must commence within 7 days after receiving an official order, and it must be completed within 40 working days (save for any indulgences allowed for in the sole and exclusive discretion of the municipality). Contractors must submit three letters, from contactable references for similar assignments as a company.

2. CONDITIONS OF CONTRACT

The General Conditions of Contract for Construction Works, Third Edition (2015) published by the South African Institution of Civil Engineering, Private Bag X200, Halfway House, 1685, is applicable to this Contract and is obtainable from xxx.xxxxx.xxx.xx. Work carried out under this Contract, must conform to the South African National Standards.

The following general conditions of contract must also be noted by the contractor;

• It is the responsibility of the Contractor to have knowledge of the extent and nature of the work and materials required for carrying out the completion of the works before submitting his tender.

• The Contractor shall take instructions only from the Employer’s Agent, the Employer’s Agent’s Representative.

• In order to carry out and complete the Works the Contractor shall employ on the site only such persons that are careful, competent and efficient in their various trades and professions.

• The Contractor shall provide all necessary supervision while carrying out the Works.

• On Completion of the Works the Contractor shall clear away and remove from the Site all Construction Equipment, surplus material, rubble and Temporary Works.

• The quality of plants, workmanship and materials must be suitable for the purposes intended, to the satisfaction of the municipality.

• At completion of the works, adequate notice must be given to the municipality for inspection purposes, before an invoice can be submitted or signed off.

• The Contractor must comply with, and must ensure that its employees and visitors comply with, all relevant and applicable laws, codes, standards, guidelines, rules, policies and procedures relating to health and safety in the work-place.

• Before carrying out any work at the municipal premises, the Contractor must identify any foreseeable hazards associated with the place of work and the work to be carried out by the Contractor, that has the potential to harm the health or safety of any person, assess the risk of harm to the health or safety of any person arising from any hazard identified, and

• Eliminate any reasonably foreseeable risk to the health or safety of any person arising from any hazard identified or, if it is not reasonably practicable to eliminate the risk, develop measures or procedures to effectively control the risk.

• The Contractor must ensure that each employee has the necessary skills, knowledge, qualifications, training, competence and experience, to carry out the work, including qualifications, certification and competencies required under the OHS Act 85 0f 1993 and the OHS Regulations.

3. PERSONAL PROTECTIVE EQUIPMENT

The Contractor must ensure that each person carrying out work at or visiting the premises is provided with, and wears at all times if necessary, all the appropriate personal protective equipment including if required, but not limited to:

(a) Head protection (safety helmet),

(b) Protective footwear (laced-up with steel toe protector),

(d) Eye protection equipment (including safety glasses or goggles (with sun protection where necessary), wide-vision goggles, face shield and hood),

(e) Respiratory protection (including particulate respirator, gas filter respirator and supplied air respirator),

(f) Hand protection (including safety gloves),

(g) Wet weather clothing and footwear,

(h) Sun protection cream when exposed to excessive sun,

(i) High visibility safety clothing or safety vests when working close to moving traffic or construction vehicles.

(j) Is informed of any limitations of the equipment, and

(j) Is provided with the instruction and training necessary to ensure that the equipment controls the risk for which it is provided.

4. CERTIFICATION OF EMPLOYEES

The Contractor must ensure that each employee who will be carrying out scheduled work under the relevant regulations holds a recognized qualification or a certificate of competency issued by an approved training authority.

5. DEMARCATION OF WORK AREAS

Work areas that pose a potential danger to people and public, must be visibly or structurally cordoned off with barriers, netting or wire-fencing with hazard tape applied in zig-zag formation. The method used must be suitable for the purpose, e.g. physical barriers or fences must be used to prevent people from falling into holes. The barriers, netting and wire- fencing hazard tape must be neat and clearly visible. Temporary lighting or effective reflectors shall be implemented if the danger exists that barriers become ineffective during poor visibility or darkness. Clearly visible Safety Signs shall be installed by the contractor to alert third parties entering the work area of the dangers / hazards that exists in such a work area. These signs shall comply with SABS standards and shall be appropriate for the type of work performed in the work area.

6. CONDUCT OF CONTRACTOR'S PERSONNEL

The Contractor shall instruct its employees to comply with the following

a) No one shall enter any part of the Municipality’s premises, including the work site, other than for the purpose carrying out the work specified for the project.

b) A Contractor may not commence with work on a site, before their presence has been notified to the person in charge of the site.

c) All staff and Contractor personnel needing access must be issued by the Contractor with a suitable form of identification.

d) No fire shall be started on the premises, and no leisure activities shall be conducted.

e) Personal protective equipment shall be used and worn in accordance with the safety regulations.

f) Horseplay, fooling around, skylarking, music, loud-talking or singing, swimming, drinking, practical joking, fighting or acting irresponsibly or in an undignified manner is prohibited. Good discipline must be maintained at all times.

g) Stacked items shall be stable and stacked neatly at all times.

h) Workers shall not clean dust from overalls or skin with compressed air.

i) Access to and from the work area, must only be via recognised roads or access ways, and not over fences.

j) Every contract employee must be familiar with the meaning of and obey safety signs / symbols.

k) Maintenance work (if any) on electrically powered equipment, tools and machinery shall only be performed by suitably qualified personnel.

l) The electrical supply to such equipment shall be switched off at the appropriate isolation switch during the time that protective covers are removed and while physical work is performed on any non-insulated electrical component parts.

m) The isolation switch to such equipment shall preferably be locked during the time of the maintenance work and the key to such a lock shall be carried by the person performing the maintenance work.

n) If it is not possible to lock the isolation switch, the person performing the maintenance work shall secure a clear “Men At Work” sign onto the isolation switch or onto the door or cover that covers such isolation switch.

o) The person performing such maintenance work shall before commencing any physical work on non-insulated component parts; ensure that there is no electrical power present at such parts, by performing a test using a reliable instrument.

p) Contractor’s employees must obey the barricaded areas and safety signs erected by other contractors.

q) Certain facilities may be equipped with electrified security fences. These fences should be considered live at all times when working next to them.

r) It is essential that good housekeeping be maintained throughout the period of any work both at the work site and in and around any temporary buildings. The working area is to be kept tidy at all times, escape and other access ways kept clear, safety and fire- fighting equipment kept accessible and surplus/scrap material removed daily. Cleaning up only at the end of a job is not considered sufficient. Spillage of oil or chemicals shall be cleared up immediately in view of the hazards of fire, slippery surfaces, toxic substances, etc. Appropriate safety precautions shall be taken during the clearing up.

s) Refuse, especially flammable material (waste rags, waste paper etc.), may only be placed in suitably marked refuse bins. The use of flammable solvents and gasoline for cleaning purposes must be avoided.

t) The Contractor’s specific attention is drawn to the fact that undisturbed piles of rag or cloth or other media soaked in oil, grease or petrol can spontaneously ignite and must therefore be disposed of on a daily basis in the appropriate manner.

u) The dumping of litter in storm water and sewer systems is prohibited.

7. RIGHT OF ACCESS

The municipality may refuse access to a work site by any one of the Contractors personnel who is demonstrably guilty of misconduct, or who has proven by his / her action to have a disregard for any of the relevant health and safety requirements. Such action taken against or by the Contractor shall not result in any claims against the Municipality by the Contractor. Incidents involving misconduct includes, but is not limited to

• Possession of illegal drugs, liquor or other intoxicating substances on the premises;

• Intoxication, and/or consumption of an intoxicating substance;

• Unauthorized possession or use of the property of Bergriver Municipality;

• Fighting/assaulting of personnel, residents and or visitors;

• Possession of dangerous weapons;

• Violation of health and safety rules as stipulated in this specification or any other notice displayed on site.

8. CONDUCT ON SITE

The contractor shall not allow unauthorized, untrained or unlicensed operators to operate equipment or vehicles in the facility. No contractor vehicle, equipment or machine will be permitted onto the facility unless:

• Such vehicle is in a roadworthy condition, and in the case of equipment and machines, has been inspected and approved by the Contractor’s Responsible Person.

• Contractor machines and equipment must display suitable identification, stating a re- inspection date. Contractors may be required to remove machines or equipment without valid identification from the facility premises.

• Contractor vehicles, equipment and machinery are subject to a visual road worthy check and/ or a safety inspection by the Municipality.

The following will be applicable to the Operation of vehicles:

• All drivers must hold and be able to produce a valid driver’s license.

• A maximum speed limit inside the construction site is 10km/h, unless otherwise indicated.

• Always give way for emergency vehicles (fire, ambulance or rescue vehicles).

• Warning, safety and road signs must always be obeyed.

• Pedestrians have the right of way in the work area.

• All passengers must be properly seated.

• Overloading of vehicles is not permitted.

• People and freight may not be transported together unless the freight has been secured and sufficient, safe seats separate from the freight, have been provided.

• Transporting passengers on cranes, forklifts, mechanical shovels or other equipment is prohibited, unless such vehicles are equipped with additional seating.

• Reckless driving or non-observance of these instructions may be cause for the withdrawal of the authorisation of the driver to operate within the construction site.

• The occupants of vehicles, whilst on Municipal related business, including journeys to and from work sites, must wear seat belts where fitted to any vehicle as a local legislative requirement.

• During the removal of material, or excavations if necessary, the Contractor shall take extra care not to damage any underground equipment.

• If any such equipment is damaged during excavations, the necessary precautions shall be taken immediately to make the situation as safe as reasonably possible, and the relevant Municipal maintenance manager or standby contact person must be contacted immediately for advice on further action to be taken, and all repairs required will be for the account of the contractor.

9. SAFETY EQUIPMENT AND PERSONAL PROTECTIVE EQUIPMENT

• The Contractor will be responsible to provide adequate and appropriate first aid equipment and other safety equipment of an approved type and quantity, as may be specified (or expected in accordance with good working practice), and shall maintain this equipment in a professional manner as dictated by legal and industry standards. In addition, the Contractor shall keep up-to-date records of all said equipment.

• If there are more than 5 contractor employees on a work site, the contractor shall provide a properly equipped First Aid box on site. At least one employee per group of 10 shall have a valid First Aid Training certificate.

• The contractor shall ensure that all contract personnel under his supervision have been trained in the proper use, maintenance and limitations of safety equipment.

• The Contractor’s Responsible Person must not require, or permit a contract employee to work unless the required safety equipment is used.

• The Contractor shall supply its personnel and sub-contractor's personnel with adequate protective clothing and equipment as required in connection with the safe performance of the work. The personal protective clothing and other protective equipment shall be maintained in good condition, and shall be worn on all relevant occasions as indicated by notices, instructions, work permits, safety regulations and good practice.

• Only SABS-approved safety shoes must be worn in operating and construction areas.

• Safety hats are to be worn at all sites where there is a possibility of head injuries.

• Gloves of a type approved, must be worn whenever handling hazardous chemical substances, or if there is a possibility of cutting the skin when abrasive or sharp materials are being man-handled.

• Hearing protection of a type approved, must be worn in all areas classified and demarcated as noise zones or when working with machinery that generates noise above 85dB (A), such as compactors and jackhammers etc.

• Safety glasses and face xxxxxxx must be worn when involved in a concussive or abrasive operation likely to cause flying debris, or when gas or arc welding/cutting is being carried out, or when decanting or handling hazardous chemicals.

• Sand blasting, grinding and disc cutting operations, should preferably be done using equipment and/or procedures that do not produce dust. In cases where this is not possible, SABS-approved respiratory equipment must be worn and the area must be enclosed to contain dust generation to a minimum.

• Safety harnesses shall be used to secure workers to building structures when working at elevated heights (2 meters) and where a risk of falling from such heights is not protected by any other means.

• The wearing of loose over-clothes, sandals and/or shorts in the facility’s operational areas and for construction work, is prohibited. Long sleeve shirts and long trousers, preferably overalls, must be worn. Long hair constitutes a hazard around machinery and must be properly secured.

10. COMPENSATION FOR INJURY

The Contractor must provide proof of registration with the Compensation Fund (COIDA) by means of submitting a valid Letter of Good Standing to the Municipality. It is the contractor’s responsibility to forward any relevant accident / injury documentation and details to the commissioner on behalf of its employees.

11. REPORTING OF ACCIDENTS AND INCIDENTS

Any incident, condition or act that could or could have caused injury, damage or loss or affect the environment must be reported to the Municipality. Such reports shall include but not be limited to the following:

• fatalities and lost-time injuries to its personnel or sub-contractor personnel;

• comparable injury to third parties;

• damage to plant or equipment;

• loss of containment;

• actual or potential damage to the environment;

• outbreak of fires.

The contractor is responsible for reporting, in terms of the OHSAct (85 of 1993), all “reportable incidents” to the Department of labour. Immediate notification shall be followed by a full Incident Investigation Report to the Municipality’s Responsible Person within 24 hours for serious accidents and 72 hours for minor accidents.

12. ENVIRONMENTAL AWARENESS

The Contractor must take note that the work will be carry out in an environmentally-sensitive area, and he/she shall;

• pay due regard to the environment by preserving air, water, soil, animal and plant live from adverse effects of the Contractors activities, and minimise any nuisance which may arise from such operations.

• The Contractor must at all times adhere to the environmental laws and impact control guidelines and procedures published from time to time.

• Ad-hoc dumping on any part of the facility is strictly prohibited.

• Liquid waste or sludge shall not be allowed to enter the storm water/sewer system or the ocean and should never endanger any wildlife on or in close proximity of the site.

• In the event of any product stored in tanks or pipelines being accidentally, or otherwise, released, the facility manager and/or the relevant municipal official must be informed without delay.

• Machinery to be used at the facility must be fitted with muffling devices to reduce the likelihood of noise pollution.

13. OCCUPATIONAL HEALTH AND HYGIENE

The Contractor shall be responsible for the medical welfare of its own and sub-contractor personnel. The Contractor shall ensure that all its personnel and sub-contractor's personnel are medically fit to perform their work. If requested by the Municipality, the Contractor shall provide medical certificates for its own and sub-contractor’s personnel. The Contractor shall adhere to all applicable government regulations or the Municipality’s guidelines for medical surveillance or industrial hygiene monitoring. The Contractor shall ensure that its personnel and sub-contractor's personnel maintain the highest standards of hygiene at all times.

14. SPECIFIC UNDERTAKING BY CONTRACTOR’S MANAGEMENT

We/I, representing the contractor, have read and understand the Health, Safety & Environmental requirements stated herein and we undertake to adhere to the letter and spirit of these rules. We undertake to train our employees and to enforce the implementation thereof at all levels in our organisation. We understand that the breach of the Health, Safety & Environmental rules will be considered as a serious breach of this agreement and that it can lead to the permanent cancellation of this agreement, and the concomitant recovery of any losses suffered by the municipality.

Name & Surname of service providers: …………………………………………………………

Identity No of owner: ………………………………………………………………………………..

Postal address of service provider: ………………………………………………………………

……………………………………………………………………………………………………….......

…………………………………………………………………………………………………………… Signature of service provider: ……………………………………………………………............. Date: …………………………………………………………………………………………………… Reference: Give at least two (2) references:

Name of business	Type of service rendered	Contact person	Tel / Cell Number

BERGRIVIER MUNICIPALITY MBD 4

DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state*.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority

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

3.1 Full Name of xxxxxx’x representative:…………………………………………………………..

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

3.3 Position occupied in the Company (director, manager, shareholder):………………………..

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

3.5 Tax Reference Number:…………………………………………………………………………

3.6 VAT Registration Number: ……………………………………………………………………

3.7 The names of all directors / trustees / shareholders/ members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below.

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

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

……………………………………………………………………………………………..

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

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

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

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

(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);

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

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

² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.

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

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

…………………………………………………………………………………………….

3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with

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

3.10.1 If yes, furnish particulars.

………………………………………………………………………………

3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who

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

3.11.1 If yes, furnish particulars

…………………………………………………………………………………

……………………………….……............................................................

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

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

3.12.1 If yes, furnish particulars.

……………………………………………………………………………….

3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principal shareholders or stakeholders

in service of the state? YES / NO

3.13.1 If yes, furnish particulars.

Name of spouse/child/parent:……………………………………………

ID number of spouse/child/parent……………………………………….

Relationship to official…………………………………………………….

Employer of spouse/child/parent………………………………………..

Designation of spouse/child/parent……………………………………..

3.14 Do you or any of the directors, trustees, managers, principal shareholders, or stakeholders of this company have any interest in any other related companies or

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

3.14.1 If yes, furnish particulars:

……………………………………………………………………………..

…………………………………………………………………………….

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

Full Name	Identity Number	State Employee Number

………………………………….. ……………………………………..

Signature Date

………………………………….. ……………………………………...

Capacity Name of Bidder

NB. Failure to complete the above details will invalidate your offer.

BERGRIVIER MUNICIPALITY

MBD6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a points claims form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution

NB: BEFORE COMPLETING THIS FORM, XXXXXXX MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000.00 (all applicable taxes included); and

1.2

a) The value of this bid is estimated to not exceed R200 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable; or

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

	POINTS
PRICE	80
B-BBEE STATUS LEVEL OF CONTRIBUTOR	20
Total points for Price and B-BBEE must not exceed	100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad- Based Black Economic Empowerment Act;

(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); as amended by Act No. 46 of 2013; (this was added by us)

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(f) “Functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

3.1 THE 80/20 PREFERENCE POINT SYSTEMS

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

80/20

⎛

Ps 80 ⎜ 1 −

⎝

Pt − P min ⎞

⎟

P min ⎠

Where
	Ps	=	Points scored for price of bid under consideration
	Pt	=	Price of bid under consideration
	Pmin	=	Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor	Number of points (90/10 system)	Number of points (80/20 system)
1	10	20
2	9	18
3	6	14
4	5	12
5	4	8
6	3	6
7	2	4
8	1	2
Non-compliant contributor	0	0

5. BID DECLARATION

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: = ……… (maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted? (Tick applicable box)

YES

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted. %

ii) The name of the sub-contractor…………………………………………………………..

iii) The B-BBEE status level of the sub-contractor......................................……………..

iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

YES

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of

Preferential Procurement Regulations, 2017:

Designated Group: An EME or QSE which is at last 51% owned by:	EME √	QSE √
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:…………………………………………………………………………….

8.2 VAT registration number:……………………………………….…………………………………

8.3 Company registration number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

□ Partnership/Joint Venture / Consortium

□ One person business/sole propriety

□ Close corporation

□ Company

□ (Pty) Limited [TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

……………………………………………………………………………………………………………………

…………………………………………………………..

8.6 COMPANY CLASSIFICATION

□ Manufacturer

□ Supplier

□ Professional service provider

□ Other service providers, e.g. transporter, etc. [Tick applicable box]

8.7 MUNICIPAL INFORMATION

Municipality where business is situated: ….……………………………………………….

Registered Account Number: ………………………………………………………………...

Stand Number:………………………………………………………………………………...

8.8 Total number of years the company/firm has been in business:……………………………

8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs

1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

………………………………………. SIGNATURE(S) OF BIDDER(S)

NAME of SIGNATURES:………………………….

DATE:

ADDRESS

…………………………………..

WITNESSES

1. ……………………………………..

2. …………………………………….

BERGRIVIER MUNICIPALITY

CONTRACT FORM - PURCHASE OF GOODS/WORKS

MBD 7.1

THIS FORM MUST BE FILLED IN BY BOTH THE BIDDER (PART 1) AND THE PURCHASER (PART 2). BOTH PAGES MUST BE SIGNED BY BOTH PARTIES BEFORE A VALID CONTRACT CAN BE FORMED.COMPLETING THIS PAGE OF THE MBD7.1 BY THE BIDDER DO NOT AUTOMATICALLY FORM A BINDING CONTRACT OR ANY AWARD. BINDING CONTRACT WILL BE FORMED WHEN THE SECOND PARTY (MUNICIPALITY) ACCEPTS THE OFFER OF THE BIDDER WHICH WOULD BE THE HIGHEST POINTS SCORER AS EVALUATED ON THE PRICING SCHEDULE.

PART 1 (TO BE FILLED IN BY THE BIDDER)

1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution) Bergrivier Municipality in accordance with the requirements and specifications stipulated in bid number 8/2/44-2019 (MN127/2019) at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid.

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

(i) Bidding documents, viz

- Invitation to bid;

- Tax clearance certificate;

- Pricing schedule(s);

- Technical Specification(s);

- Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011;

- Declaration of interest;

- Declaration of bidder’s past SCM practices;

- Certificate of Independent Bid Determination;

- Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract.

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

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

WITNESSES

…….……………

……………………

DATE: …………………….

NAME (PRINT) ………………………………………….

CAPACITY ………………………………………….

SIGNATURE ………………………………………….

NAME OF FIRM ………………………………………….

DATE ………………………………………….

BERGRIVIER MUNICIPALITY

MBD 7.1

CONTRACT FORM - PURCHASE OF GOODS/WORKS

PART 2 (TO BE FILLED IN BY BERGRIVIER MUNICIPALITY)

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

accept your bid under reference number 8/2/44-2019 (MN127/2019) dated… for the

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

2. An official order indicating delivery instructions is forthcoming.

3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note.

ITEM NO.	PRICE (ALL APPLICABLE TAXES INCLUDED)	BRAND	DELIVERY PERIOD	B-BBEE STATUS LEVEL OF CONTRIBUTION	MINIMUM THRESHOLD FOR LOCAL PRODUCTION AND CONTENT (if applicable)
Quotation	R	As per		LEVEL	N/A
8/2/44-2019		attached
MN127-2019		specification
Supply,		s
deliver &
install
playpark
equipment

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

5. I confirm that authorizing this contract that the GCC (which is part of this document) is activated and deemed as the legislative guidance giver.

SIGNED AT ……….PIKETBERG……ON………………………………..

NAME (PRINT) …………………………………….

SIGNATURE …………………………………….

WITNESSES

……………………….

DATE ……………………….

OFFICIAL STAMP

BERGRIVIER MUNICIPALITY

MBD8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

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

2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

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

a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system;

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

c. wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or

d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004).

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

Item	Question	Yes	No
4.1	Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).	Yes	No
4.1.1	If so, furnish particulars:
4.2	Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, xxx.xxxxxxxx.xxx.xx, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445).	Yes	No

4.2.1	If so, furnish particulars:
4.3	Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?	Yes	No
4.3.1	If so, furnish particulars:
Item	Question	Yes	No
4.4	Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? (attached copy of payment arrangements of arrears account)	Yes	No
4.4.1	If so, furnish particulars:
4.5	Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?	Yes	No
4.7.1	If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME IN PRINT) …………..……………………………..……

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………. ………………………………………

Signature Date

………………………………………. ……………………………………..

Position Name of Bidder

THE NATIONAL TREASURY

Republic of South Africa

GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

JULY 2010

THE NATIONAL TREASURY: Republic of South Africa

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

15. Warranty

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

GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

General Conditions of Contract

1. Definitions 1. The following terms must be interpreted as indicated:

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

1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day.

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

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

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the goods are so delivered and a valid receipt is obtained.

GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

1.11 "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.

1.12 ”Force majeure” means an event beyond the control of the

supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract.

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

1.17 “Local content” means that portion of the bidding price, which is not included in the imported content provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities.

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

THE NATIONAL TREASURY: Republic of South Africa

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

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

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

		incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.
	1.25	“Supplier” means the successful bidder who is awarded the
		contract to maintain and administer the required and specified
		service(s) to the State.
	1.26	“Tort” means in breach of contract.
	1.27	“Turnkey” means a procurement process where one service
		provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract.
	1.28	“Written” or “in writing” means hand-written in ink or any form of
		electronic or mechanical writing.
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 must apply.

THE NATIONAL TREASURY: Republic of South Africa

3. General	3.1	Unless otherwise indicated in the bidding documents, the purchaser must not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged.
	3.2	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 must conform to the standards mentioned in
		the bidding documents and specifications.
5. Use of	5.1	The supplier must not, without the purchaser’s prior written
contract		consent, disclose the contract, or any provision thereof, or any
documents		specification, plan, drawing, pattern, sample, or information
and		furnished by or on behalf of the purchaser in connection
information		therewith, to any person other than a person employed by the
inspection		supplier in the performance of the contract. Disclosure to any
		such employed person must be made in confidence and must extend only so far as may be necessary for purposes of such

		performance.
	5.2	The supplier must 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 must remain the property of the purchaser and must 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 must 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 must 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.
		THE NATIONAL TREASURY: Republic of South Africa
7. Performance	7.1	Within thirty (30) days of receipt of the notification of contract
Security		award, the successful bidder must furnish to the purchaser the performance security of the amount specified in SCC.
	7.2	The proceeds of the performance security must 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 must be denominated in the currency of
		the contract, or in a freely convertible currency acceptable to the purchaser and must 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 must 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 must be carried out, the purchaser must 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 must 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 must be defrayed by the supplier.

THE NATIONAL TREASURY: Republic of South Africa

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 must be held at the cost and risk of the supplier who must, 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 must 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 must 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 must 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 must 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 must 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 must comply strictly with such special requirements as
		must 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, must be made by the supplier in
		accordance with the terms specified in the contract.

11. Insurance 11.1 The goods supplied under the contract must 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.

THE NATIONAL TREASURY: Republic of South Africa

12. Transportation 12.1 Should a price other than an all-inclusive delivered price be

required, this must 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;

(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 must 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, must be agreed upon in advance by the parties and must 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 must 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.

THE NATIONAL TREASURY: Republic of South Africa

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 must 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 must 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 must promptly notify the supplier in writing of any claims arising under this warranty.
	15.4	Upon receipt of such notice, the supplier must, 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 must be specified.
	16.2	The supplier must furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment
		of other obligations stipulated in the contract.
	16.3	Payments must 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.

GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

THE NATIONAL TREASURY: Republic of South Africa

17. Prices	17.1	Prices charged by the supplier for goods delivered and services performed under the contract must 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 changes in
Orders		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 must 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 must notify the purchaser in writing of all
		subcontracts awarded under this contracts if not already specified in the bid. Such notification, in the original bid or later,
		must 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 must 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
		must 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 must 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 must 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.
		GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

THE NATIONAL TREASURY: Republic of South Africa

	21.4	Except as provided under GCC Clause 25, a delay by the
		supplier in the performance of its delivery obligations must 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 must, 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 must, 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 breach of
for default		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 must be liable to the purchaser for any excess costs for such similar goods,
		works or services. However, the supplier must continue
		performance of the contract to the extent not terminated.

GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

THE NATIONAL TREASURY: Republic of South Africa

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:

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

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from doing business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters.

When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period not less than five years and not more than 10 years.

The National Treasury is empowered to determine the period of restriction and each case will be dealt with on its own merits.

According to section 32 of the Act the Register must be open to the public. The Register can be perused on the National Treasury website

GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

THE NATIONAL TREASURY: Republic of South Africa

24. Antidumping 24.1 When, after the date of bid, provisional payments are required, or and anti-dumping or countervailing duties are imposed, or the countervailing amount of a provisional payment or anti-dumping or

duties and rights		countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so
		required or imposed, or for the amount of any such increase.
		When, after the said date, such a provisional payment is no longer required or any such 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 must 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 must 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 must promptly
		notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing,
		the supplier must continue to perform its obligations under the contract as far as is reasonably practical, and must 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 of	27.1	If any dispute or difference of any kind whatsoever arises
Disputes		between the purchaser and the supplier in connection with or arising out of the contract, the parties must make every effort to resolve amicably such dispute or difference by mutual
		consultation.
		GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

THE NATIONAL TREASURY: Republic of South Africa

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 must continue to perform their respective obligations under the contract unless they otherwise agree; and

(b) the purchaser must 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 wilful misconduct, and in

Liability the case of infringement pursuant to Clause 6;

(a) the supplier must 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 must 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, must not exceed the total contract price, provided that this limitation must not apply to the cost of repairing or replacing defective equipment.

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

Language other documents pertaining to the contract that is exchanged by the parties must also be written in English.

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

Law African laws, unless otherwise specified.

31. Notices 31.1 Every written acceptance of a bid must be posted to the supplier

concerned by registered or certified mail and any other notice to him must 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 must be deemed to be proper service of such notice.

GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT

THE NATIONAL TREASURY: Republic of South Africa

	31.2	The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, must be reckoned from the date of posting of such notice.
32. Taxes and	32.1	A foreign supplier must be entirely responsible for all taxes,
Duties		stamp duties, license fees, and other such levies imposed outside the purchaser’s country.
	32.2	A local supplier must be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to
		the purchaser.

32.3 No contract must 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 must be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears.

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

Contracts a 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

of contracts conditions, stipulations or provisions thereof must 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 must be in writing, must also be in writing.

35. Prohibition of 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89

Restrictive practices 1998, as amended, an agreement between, or concerted practice

By, firms, or a decision by an association of firms, is prohibited if it Is between parties in a horizontal relationship and if a bidder(s) is / Are or a contractor(s) was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the

restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and

possible imposition of administrative penalties as contemplated in section 59 of the Competition Act No 89 of 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 contractors(s) concerned.

BERGRIVIER MUNICIPALITY

MBD9

CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION

1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a prohibition meaning that it cannot be justified under any grounds.

3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:

a. take all reasonable steps to prevent such abuse;

b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and

c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract.

4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and I or services for purchasers who wish to acquire goods and I or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

BERGRIVIER MUNICIPALITY

MBD9

CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION

I, the undersigned, in submitting the accompanying documentation:

FQ 8/2/44-2019 MN127-2019: SUPPLY, DELIVERY & INSTALLATION OF PLAYPARK EQUIPMENT AT REDELINGHUYS

Written quotation and Description

in response to the invitation for the bid/written quotation/formal quotation made by:

BERGRIVIER MUNICIPALITY

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

I certify, on behalf of: that:

(Name of Bidder/Contractor)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;

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

4. Each person whose signature appears on the accompanying bid has been

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

5. For the purposes of this Certificate and the accompanying bid, I understand that the word "competitor" must include any individual or organization, other than the bidder,

whether or not affiliated with the bidder, who:

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

b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and

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

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, ca pital, efforts, skill and knowledge in an activity for the execution of a contract.

6 The contractor has arrived at the accompanying proposal independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7 In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:

a) Prices;

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

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

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

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

f) propose with the intention not to win the bid/formal quotation/written quotation.

8 In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this invitation relates.

9 The terms of the accompanying bid/formal quotation/written quotation have not been, and will not be, disclosed by the contractor, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

………………………………………………………. …………………………………. Signature Date

………………………………………………………. …………………………………. Position Name of Contractor

BERGRIVIER MUNICIPALITY

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT 130 OF 1993)

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT 130 OF 1993)
Bergrivier Municipality has legal duty in terms of Section 89 of the said Act to ensure that all contractors with whom agreements are entered into for the execution of work are registered as employers in accordance with the provisions of this Act and that all the necessary assessments have been paid by the contractor. In order to enter into this agreement, the following information is needed regarding the above- mentioned:
Contractor’s registration number with the office of the Compensation Commissioner:
NOTE: A copy of the latest receipt together with a copy of the relevant assessment OR a copy of a valid Letter of Good Standing must be handed in, in this regard.
PRINT NAME:
CAPACITY:		Name of firm
SIGNATURE:		DATE:

BERGRIVIER MUNICIPALITY

CHECK LIST FOR COMPLETENESS OF BID DOCUMENT 8/2/44-2019 (MN127/2019)

The bidder must ensure that the following checklist is completed, that the necessary documentation is attached to this bid document and that all declarations are signed:

Non adherence to this checklist will invalidate your offer!

*Mark with “X” where applicable

Items to be checked	Yes	No	Comments
1. Completed and signed all pages containing the details of bidder
2. Valid and original tax clearance certificate attached to bid document or submitted the TCS PIN NUMBER Was the MAAA NR of CSD quoted on page 3
3. Adhered to the pricing instructions (MBD 3.1 )
4. Completed and signed declaration of interest (MBD 4) 5. Was all the Directors/Shareholders ID no’s. quoted on MBD4
6. Preference points claimed and signed declarations (MBD 6.1 where applicable)
7. Signed MBD 7.1 where applicable.
8. Signed declaration of bidder’s past supply chain management practices (MBD 8)
9. Prohibition of Restrictive Practices (MBD 9) be completed and signed
1. A certified copy or original BBBEE certificate
2. Latest municipal account of the bidder and its directors must be attached If the bidder is not responsible for the payment of municipal rates and/ services, details in support of this must be attached to this bid document e.g. Lease agreement/ AFFIDAVIT of no property.
3. Bidder initialed all the pages at the footnote as required in the document.

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME IN PRINT) …………………..……..……………………………..……

CERTIFY THAT THE INFORMATION FURNISHED ON THIS CHECK LIST IS TRUE AND CORRECT.

………………………………………... ………………………………………………..

Signature Date

…………………………………………. …………………………………………………

Position Name

BERGRIVIER

Municipality • Umasipala • Munisipaliteit

SUPPLY CHAIN MANAGEMENT

Enquiries: Xx. X. Xxxxxxxx Ref: 6/1/1 Tel: (022)913 600 Fax: (000)000 0000 E-mail: xxxxxxxxX@xxxxxxx.xxx.xx

All Service Providers (SP’s) and potential bidders

Dear Sir/Madam

Incomplete documentation in terms of bidding processes.

With reference to the judgment of the Supreme Court of Appeal case number 937/2012 Dr XX Xxxxxx Municipality vs. Xxxxxxx (PTY) Limited 2013 JDR 2728 SCA the following:

“In our view the judgment supports the proposition that a Municipality determines the requirements for a valid tender and a failure to comply with the prescribed conditions of tender will result in such tender being disqualified as it would not be an 'acceptable tender' as defined in the Preferential Procurement Policy Framework Act 5 of 2000 unless the prescribed conditions are immaterial, unreasonable or unconstitutional.

Therefore, provided that the relevant tender document makes provision for an original tax clearance certificate and/or any other certificates/documents as a prescribed minimum prerequisite and/or peremptory requirement in order for such tender to be considered an 'acceptable tender' and to pass the threshold requirement for consideration and evaluation, and a tenderer fails to provide same, the Municipality would be within its rights to disqualify such tender/tenderer.”

Therefore BERGRIVIER Municipality will with immediate effect exclude all offers from bidders if the required documentation is not handed in/or attached with the original bidding documents.

Adv. Xxxxxx Xxxxx

Municipal Manager 31 July 2019

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BERGRIVIER MUNISIPALITEIT

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