Introduction - etenders.gov.za · Web viewTender which are late incomplete, unsigned or submitted...
Transcript of Introduction - etenders.gov.za · Web viewTender which are late incomplete, unsigned or submitted...
BID DOCUMENTIn terms of the Supply Chain Management Regulations (Government Gazette 27636 of 30 May 2005)
TENDER NO: COM/SCM/T/6/2018/19SUPPLY, DELIVERY & MAINTENANCE OF NEW MULTIFUNCTIONAL COPIERS AND CONSUMMABLES ON A LEASING CONTRACT FOR A PERIOD OF THREE (3) YEARS
CLOSING DATE: 21 September 2018 CLOSING TIME: 11:00
CITY OF MATLOSANAThe Municipal Manager
PO Box 99
KLERKSDORP
2570
Contact Person:
Mr. Frank Mnxale
Tel: 018 487 8326
Fax: 086 693 7158
NAME OF BIDDER: ____________________________________
ADDRESS: _____________________________________________
________________________________________________________
________________________________________________________
TEL: __________________________________
FAX: __________________________________
CITY OF MATLOSANA
CITY OF MATLOSANA
Sealed tenders in an envelope, duly endorsed “TENDER NO: COM/SCM/T/6/2018/19: SUPPLY, DELIVERY & MAINTENANCEOF NEW MULTIFUNCTIONAL COPIERS ON A LEASING CONTRACT FOR A PERIOD OF THREE (3) YEARS” and addressed
to the Municipal Manager, P O Box 99, KLERKSDORP, 2570 and to be placed before the closing date and time in the tender box
in the foyer of the Civic Centre, Bloem Street, Stilfontein, are hereby invited and will be received by the undersigned up till 11:00 on
21 SEPTEMBER 2018.
No Tender will be considered unless submitted on Municipality’s Official Tender Document. Tender which are late incomplete,
unsigned or submitted by facsimile or electronically will not be accepted. Tender documents via courier services must also be
deposited in the tender box and not handed to an employee of the municipality.
Terms of reference and more information can be obtained from Mr. F Mnxale telephone number 018 487-8326, P O Box 99,
Klerksdorp, 2570.
Tender documents are obtainable on payment of a non-refundable amount of R500-00, and can be collected from the SCM Unit,
Stilfontein, Municipal Offices, Treasury. Bid document are available on the 24 AUGUST 2018.
Tender will be adjudicated according to Municipality’s Supply Chain Management Policy based on the Preferential Procurement
Policy Framework Act, Act 5 of 2000, 80/20 Preferential goal calculation methods will be applied.80 for price and 20 points
awarded for B-BBEE Status level of contribution.
The lowest or any tender will not necessarily be accepted and the Municipality reserves the right to accept any portion of any quote
and to waive the requirements as contained in the conditions.
Civic Centre TSR NKHUMISE
KLERKSDORP MUNICIPAL MANAGER
INSTRUCTION TO BIDDERS
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ALL TENDER CONDITIONS MUST BE STRICTLY ADHERED TO, FAILING WHICH THIS TENDER SUBMISSION WILL BE DECLARED NON-RESPONSIVE
1. No tender will be considered unless submitted on the City of Matlosana Tender Document.
2. Any portion of the Tender Document not completed will be interpreted as “not applicable”.
3.Tenders must be properly received and deposited in the above mentioned tender box on or before the closing date and before the closing time at the Tender Box situated on the Entrance, ground Floor, Civic Centre,Bloem Street, Stilfontein. If the tender offer is too large to fit it the allocated box, please enquire at the public counter for assistance.
4.The City of Matlosana reserves the right to accept:
4.1 The whole tender or part of a tender or any item or part of any item or accept more than one tender (in the event of a number of items being offered) and the City of Matlosana is not obliged to accept the lowest or any tender; 4.2 A tender which is not substantially or materially different from the tender specification.
5.The City of Matlosana shall not consider tenders, which are received after the closing date and time for such a tender.
6.The City of Matlosana will not be held responsible for any expenses incurred by tenderers in preparing and submitting tenders.
7.The City of Matlosana may, after the closing date, request additional information or clarification of tenders in writing.
8.A tenderer may request in writing and, after the closing date, that his/her tender be withdrawn and which withdrawal will be permitted or refused in the sole discretion of the City of Matlosana after consideration of the reasons for the withdrawal, which shall be set out by the tenderer in the written request for withdrawal.
9.The City of Matlosana’s representative for the purpose of this tender shall be: Mr. F Mnxale (Technical)Tel. No.: (018) 487-8326
10.Resolutions and Power of Attorney A tender submitted:
10.1 by a registered company may not be considered unless accompanied by a resolution by the Directors of the company authorising the
tender to be made and the signatory to sign the tender on the company’s behalf (Returnable Schedule 1 to be completed);
10.2 by a registered close corporation may not be considered unless accompanied by written authority from all the members of the close
corporation authorising the tender to be made and the signatory to sign the tender on the close corporation’s behalf to be completed);
10.3 by a partnership/joint venture/consortium may not be considered unless accompanied by written authority from all the joint
venture/consortium partners authorising the tender to be made and the signatory to sign the tender on the joint venture/consortium’s behalf to
be completed.
11. Validity of BEE certificates:
(a) If the certificate was issued by a verification agency the following must be on the face of the certificate:
SANAS logo, unique BVA number, must be an original certificate or certified copy of the original, the name and physical location of the bidder,
the registration number and, where applicable, the VAT number of the bidder, the date of issue and date of expiry of the certificate, the
certificate number for identification and reference, the scorecard that was used (for example EME, QSE or Generic), the name and / or logo of
the Verification Agency, the certificate must be signed by the authorized person from the Verification Agency and the B-BBEE Status Level of
Contribution obtained by the bidder.
(b) If certificate was issued by an Auditor/ Accounting Officers:
The Accounting Officer’s or Registered Auditor’s letter head with full contact details, the Accounting Officer’s or Registered Auditor’s practice
numbers, the name and the physical location of the bidder, the registration number and, where applicable, the VAT number of the bidder, the
date of issue and date of expiry, the B-BBEE Status Level of Contribution obtained by the measured
entity, the total black shareholding and total black female shareholding, the B-BBEE Status Level of Contribution obtained by the bidder and
must be an original certificate or certified copy of the original.
(c) If the certificate was issued by registered auditors approved by IRBA
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Clearly identify the B-BBEE approved registered auditor by the auditor’s individual registration number with IRBA and the auditor’s
logo, clearly record an approved B-BBEE Verification Certificate identification reference in the format required by the SASAE, reflect relevant
information regarding the identity and location of the measured entity, identify the Codes
of Good Practice or relevant Sector Codes applied in the determination of the scores, record the weighting points (scores) attained by the
measured entity for each scorecard element, where applicable, and the measured entity’s overall B-BBEE Status Level of Contribution, reflect
that the B-BBEE Verification Certificate and accompanying assurance report issued to the measured entity is valid for 12 months from the date
of issuance and reflect both the issuance and expiry date, and the B-BBEE Status Level of Contribution obtained by the bidder and must be an
original certificate or certified copy of the original.
FAILURE TO COMPLY WITH THE ABOVEMENTIONED WILL RESULT IN NO PREFERENCE POINTS BEING AWARDED
12. Validity Period Any tender submitted shall remain valid, irrevocable and open for written acceptance by the City of Matlosana for a period of ninety (90) days
from the closing date. By submitting a tender, the tenderer undertakes not to withdraw his tender or to amend it during the aforesaid period of
ninety (90) days
13. Inducements, rewards, gifts and other abuses of the Supply Chain Management System No person who is a provider or prospective provider of goods or services, or a recipient or prospective recipient of goods disposed or to be
disposed of may directly or indirectly:
15.1 through a representative or intermediary promise, offer or grant:
a) any inducement or reward to the City of Matlosana for or in connection with the award of a contract; or
b) any reward, gift, favour or hospitality to any official or any other role player involved in the implementation of the supply chain management
policy.
15.2 influence or interfere with the work of any City Officials involved in the tender process in order to inter alia:
a) influence the process and/or outcome of a bid;
b) incite breach of confidentiality and/or the offering of bribes;
c) cause over and under invoicing;
d) influence the choice of procurement method or technical standards;
e) influence any City of Matlosana Official in any way which may secure an unfair advantage during or at any stage of the procurement process.
15.3 Abuse of the Supply Chain Management System is not permitted and may result in the tender being
rejected, cancellation of the contract, “blacklisting” and/or any such remedies as determined by City of Matlosana`s SCM Policy.
14. Declarations and authorisation Tenderers are required to complete all statutory declarations and authorisations in the schedules attached hereto (failing which the tender may
be disqualified in terms of Evaluation Criteria)
15. Samples
If the Tender Specification requires the Tenderer to provide samples, same shall be provided in accordance with the instructions set out in the Specification.
16. No tender will be considered if tippex or any other correctional fluid used. Scratch out the price, rewrite and sign at the changed price. If
correction fluid has been used on any specific item price, such item will not be considered. No correction fluid may be used in a Bill of
Quantities where prices are calculated to arrive at a total amount. If correction fluid has been used the tender/quotation as a whole will not
be considered. Bidders are requested to draw a diagonal line in the space provided for items which they do not tender on. This is to ensure
that no prices are inserted after closing date. No plus or minus for price shall be accepted
17. This tender is issued under condition that the Bidder should at any stage during production or on completion of the tender be subject to
inspection. The premises of the bidder shall be open, at all reasonable hours, for inspection by a representative of the SCM Unit of
Municipality. The bidder shall provide, if required all the facilities for the inspections, tests and analysis of the supplies free of charge and
shall if required provide all material, samples, labour and available apparatus which may be required for the purpose of such inspection,
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tests and analysis free of charge unless otherwise specified. The bidder shall also agree that the financial standing of the bidder and his
ability to manufacture or to supply goods or services as stipulated in the bid may be examined as part of evaluation process. Prior to
submitting their tender document to the City of Matlosana, tenderers should make a copy thereof for record purposes. No copies of any
part of the submitted tender document will be made for the tenderers during the evaluation and adjudication processes.
18. In the event of the successful bidder’s prices being subject to the exchange rate, the successful bidder will be required to obtain exchange
rate cover on the Municipality’s behalf in order to protect the Municipality against exchange rate variations as and when orders are placed.
19. THE CITY MUNICIPALITY IS NOT BOUND TO ACCEPT ANY OR THE CHEAPEST BID
The City Municipality will not be bound to accept the lowest or any quotation and reserves the right to accept any
portion of any quotation/Bid, nor to assign any reason for the rejection of a quotation/bid. The City of Matlosana
also reserves the right to appoint more than one supplier to this tender.
20. ENDORSEMENT OF ENVELOPES
The Bidder shall place sealed envelope in the tender box and must be clearly marked as follows:
Bid No: COM/SCM/T/6/2018/19: Description: SUPPLY, DELIVERY & MAINTENANCE OF NEW MULTIFUNCTIONAL COPIERS ON A LEASING CONTRACT FOR A PERIOD OF THREE (3) YEARS: Closing Date: 21 SEPTEMBER 2018 at 11h00am
21. EVALUATION CRITERIA
1. Invalid Tenders Tenders shall be invalid, and shall be endorsed and recorded as such in the tender opening record by
the responsible official (appointed by the Assistant Director: Supply Chain Management to open the
tenders) in the following instances:
1.1 If the tender is not sealed;
1.2 the tender is not submitted on the official Tender Offer;
1.3 if the tender is not completed in non-erasable ink;
1.4 if the Tender Offer and/or Form of Offer has not been signed;
1.5 if the Tender Offer and/or Form of Offer is signed, but the name of the tenderer is not stated, or is Indecipherable; or
1.6 if in a two envelope system, the tenderer fails to submit both a technical proposal and a separate sealed financial offer.
2. Non-Responsive Tenders Valid tenders will be declared non – responsive if and eliminated from further evaluation if:
2.1 The tenderer has been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and of Corrupt
Activities Act, 12 of 2004 or has been listed on National Treasury’s database as a person prohibited from doing business
with the public sector.
2.2 The tender does not comply with the general conditions as set out in the City of Matlosana’s SCM Policy and applicable to
tenders.
2.3 The tender does not comply with the Tender Specification
2.4 The tenderer has not adhered to the instructions as per the Price Schedule
2.5 The tender does not comply with any minimum goals stipulated in terms of the preferential procurement section of the City of of Matlosana’s SCM Policy.
2.6 The tenderer has not achieved the minimum functionality scoring/points as set out in the tender document.
2.7 The tenderer has failed to complete and/or sign the required declarations and/or authorisations.
22 RESPONSIVENESS CRITERIA
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No Tender will be considered by City of Matlosana unless it meets the following responsiveness Criteria (for the tender to be
considered responsive, the tender must meet the following requirements):
The tender must be properly received in a sealed envelope clearly marked the description of the service and the tender number for
which the tender is submitted
The tender must be deposited in the relevant tender box as indicated on the notice of the tender on or before the closing date and
time of tender.
An original Valid Tax Clearance Certificate must be attached to the tender document.
Certified copies of ID Documents of partners and Directors not older than three months
The official tender document must be fully completed in inedible ink and must not be dismembered. Where information
requested does not apply to the tenderer and the space is left blank, it will be deemed to be not applicable.
All requested relevant and/or additional documentation such as company registration certificates; etc. must be attached to this tender
document.
The tenderer must be in good standing to do business with the public sector in terms of regulation 38 of Supply Chain Management
Regulations (Government Gazette 27636 of 30 May 2005).
If the entity submitting a tender is a Joint Venture or Consortium or Partnership, each party to that formation must submit all the above
information
The Tenderer must adhere to the Pricing instructions. Failure to complete the schedule of quantities as required – only lump sums provided will render your tender non-responsive
The tenderer`s details must be provided.
The necessary document authorizing the Representative to sign and submit the tender on the tenderer`s behalf must be completed
and signed. Non –compliance will invalidate the tender.
The Declaration of interests by the tenderer must be completed and signed.
Complies with the requirements of the specification
Bidder has the relevant experience to execute the contract and contactable reference must be provided in the form. BIDDERS TO SUBMIT APPOINTMENT LETTERS AND COMPLETION CERTIFICATES, INDICATING THE PROJECTS VALUES ISSUED BY EMPLOYERS FOR ALL COMPLETED PROJECTS.
The tenderer has achieved the minimum functionality scoring/points as set out in the tender document.
The Bidder has submitted an Original or Certified and Valid B-BBEE Status Level Verification Certificate
Failure to attend compulsory site inspections will render your tender non-responsive.
In case where Consortium or Joint Ventures are involved each party must submit the following documents:
separate Original Valid Tax Clearance Certificates/ Tax Compliance Tax Pins,
Company Registration Certificates,
Certified ID Copies of members,
Joint Venture agreement signed by principals of the Joint Venture
Each Member in a JV must complete and sign MBD 4,
Each Bidder in a JV must complete and sign MBD 8 and MBD 9
CSD report of each partner in a JV must be submitted
Bidder to submit municipal accounts of the company and its directors/members from where they are residing. An up to date municipal
service account of the company and its members must be submitted with the tender document. The Bidder is required to submit an
Affidavit from SAPS if the Bidder is using different addresses stating that he/she pays municipal service charges from that particular
address If the municipal account is not in your name please make sure that the owner of is the one to make Affidavit from SAPS. If
you are renting from someone attach the lease agreement signed by the landlord declaring that you are paying for municipal services
to him/her.
Bidders must attach proof of registration on CSD. Bidders are also required to ensure that their details are up to date in the CSD.
Bidder to submit the following returnable documents and schedules
Original Valid Tax Clearance Certificates/ Tax Compliance Tax Pins,
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Company Registration Certificate,
Certified ID Copies of members,
Joint Venture agreement signed by principals of the Joint Venture
Each Member must complete and sign MBD 4,
CSD report of the Bidder must be submitted
No award to be made to a bidder whose tax matters are not in order. Bidder’s tax matter will be verified from CSD which is linked to
SARS.
Bidder to initial every page of the tender document. Failure to do so will invalidate your tender.
Bidders MUST submit a scanned PDF soft copy of their bid on a CD completed tender document with required attachments. Scanned
data on CD submitted must be an exact copy of the hard copy document. Any discrepancies between the Scanned data on CD and
the hard copy of the tender document may invalidate the bid.
The Bidder has failed to complete and/or sign the MBD forms.
A valid certified copy of the B-BBEE certificate/Sworn Affidavit for EME’s must be included in this bid document to qualify for relevant
points claimed as per MBD 6.1 Certificate. FAILURE TO COMPLY WILL RESULT IN NO PREFERENCE POINTS BEING AWARDED.
The Bidder must submit Letter of Authorisation from OEM that the bidder is authorised to deal in specific brand names.
The Bidder must submit Brochures of each type of printer must be provided with the tender submission.
23. Evaluation of Tenders
All tenders received shall be evaluated in accordance with the Supply Chain Management Regulations, City of Matlosana’s SCM Policy and the Preferential Procurement Policy Framework Act 5 of 2000 (read with its accompanying regulations 2017). Acceptable
tenders will be evaluated using a system that awards points on the basis of functionality, tender price and B-BBEE Status. Failure on the part of
a tenderer to fill in and/or sign this form will result in the tender being disqualified.
The acceptable tender obtaining the highest number of points will not necessarily be awarded the tender. It is hereby specifically recorded that
tenders will be evaluated for functionality and in accordance with the guidelines as set out in the Preferential Procurement Policy Framework
Act, Act 5 of 2000 and the Preferential Procurement Regulations, 2017. For tenders with a tender amount equal to or below R50 million a
maximum of 80 points is allocated for price and maximum of 20 points for B-BBEE Status. For tenders with a tender amount of above R50
million a maximum of 90 points is allocated for price and a maximum of 10 points for B-BBEE Status.
24. PROHIBITION OF RESTRICTIVE PRACTICES
a. In terms of section 4(1) of the Competition Act No. 89 of 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:
(a) directly or indirectly fixing a purchase or selling price or any other trading condition; dividing markets by allocating customers, suppliers,
territories or specific types of goods or services; or collusive bidding.
(b) If a bidder(s) or contractor(s), in the judgment of the purchaser, has/have engaged in any of the restrictive practices referred to above, the
purchaser may, without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered or terminate the contract in
whole or in part and refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as
contemplated in the Competition Act No. 89 of 1998.
25. FRONTING
a. The CoM supports the spirit of broad based black economic empowerment and recognizes that real empowerment can only be achieved
through individuals and businesses conducting themselves in accordance with the Constitution and in an honest, fair, equitable, transparent and
legally compliant manner. Against this background the CoM condemns any form of fronting.
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b. The CoM, in ensuring that bidders conduct themselves in an honest manner will, as part of the bid evaluation processes, conduct or initiate
the necessary enquiries/ investigations to determine the accuracy of the representation made in bid documents. Should any of the fronting
indicators as contained in the Guidelines on Complex Structures and Transactions and Fronting, issued by the Department of Trade and
Industry, be established during such enquiry/investigation, the onus will be on the bidder / contractor to prove that fronting does not exist. Failure
to do so within a period of 14 days from date of notification may invalidate the bid/contract and may also result in the restriction of the
bidder/contractor to conduct business with the public sector for a period not exceeding ten years, in addition to any other remedies the CoM may
have against the bidder/contractor concerned.
26. Awards to tenderers who are not the highest ranked The tenderer that scores the highest number of adjudication points must be recommended for acceptance unless objective criteria justify the
acceptance of another tender. Such objective criteria include whether the recommended tenderer:
1. has demonstrated that it has the necessary resources and skills required to fulfil its obligations in terms of the tender document;
2. poses any commercial or legal risk to the CoM;
3 is currently subject to action in accordance with the SCM Policy
27. City of Matlosana Vendor Database
No awards will be made to a tenderer who is not registered on the CoM‟s Vendor Database. It is each vendor’s responsibility to keep all the
information on the CoM Vendor Database updated. If any information required (e.g. tax clearance certificate, proof of CIDB registration, etc.) is
not valid or has expired, all transactions with the vendor may, in the sole discretion of the CoM, be suspended until such time as the correct,
verified information is received.
28. Partnerships/Joint Ventures (JV’s)/Consortiums In the case of partnerships/joint ventures/consortiums, a copy of the partnership/joint venture/ consortium agreement must be submitted with the
tender document. All parties/partners to the partnership/joint venture/consortium agreement must be registered on the City of Matlosana Vendor
Database („CoM Vendor Database‟).
29. The City of Matlosana reserves the right to accept: 1.Or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any
time before the formation of a contract. The CoM shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will
give written reasons for such action upon receipt of a written request to do so.
2.A tender offer which does not in the CoM‟s opinion materially and/or substantially deviate from the terms, conditions and specifications of the
tender document.
3.The whole tender or part of a tender or any item or part of any item, or to accept more than one tender (in the event of a number of items
being offered), and the CoM is not obliged to accept the lowest or any tender.
30. COIDA Tenderers must attach proof of registration/insurance in terms of the Compensation for Occupational Injuries and Disease Act, Act 130 of 1993 . This can either take the form of a certified copy of a valid Letter of Good Standing issued by the Compensation Commissioner, or proof of
insurance with a licenced compensation insurer, from either the tenderers broker or the insurance company itself
31. Procurement above R10 million (VAT included) If the value of the transaction is expected to exceed R10 million (VAT included), a Tenderer shall complete and attach the required documents,
including audited financial statements (where applicable).
32.Negotiations with preferred bidders 1.The City Manager (or his delegated authority) may authorise the negotiation of the final terms of a contract with tenderers identified through a
competitive bidding process as preferred tenderer provided that such negotiation:
a) does not allow any preferred tenderer a second or unfair opportunity;
b) is not to the detriment of any other tenderer; and
c) does not lead to a higher price than the tender as submitted.
2.Minutes of such negotiations must be kept for record purposes.
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3.If negotiations fail to result in acceptable contract terms, the City Manager (or his delegated authority) may terminate the negotiations
and invite the next ranked tenderer for negotiations. The original preferred tenderer should be informed of the reasons for termination of the
negotiations. Once negotiations are commenced with the next ranked tenderer, earlier negotiations may not be reopened by the COM.
4. The provisions of clauses 1 to 3 shall apply to the invitation to negotiate of the next ranked tenderer, mutatis mutandis.
33. Independent Bid Determination
1 Tenderers must complete, sign and submit, together with their tender or upon being requested to do so in writing, a certificate of independent
bid determination failing which the tender offer may be declared non-responsive.
2 Tenders may also be declared non-responsive if it is determined on reasonable grounds or evidence that the tenders are submitted by
tenderers:
(a) who (notwithstanding having submitted duly completed certificates of independent tender determination) are nevertheless deemed to have
knowledge of the contents of any other tenderer’s offer and/or has submitted a certificate which is not true and correct in every respect;
(b) in a horizontal relationship which has the effect of substantially preventing or lessening competition in a market, subject to the exceptions as
set out in section 4(1)(a) of the Competitions Act, 89 of 1998;
(c) who are presumed to be firms engaged in a restrictive horizontal practice as contemplated in section 4(1)(b) read with section 2 of the
Competitions Act, 89 of 1998;
(d) in a vertical relationship which has the effect of substantially preventing or lessening competition in a market, subject to the exceptions as set
out in section 5(1) of the Competitions Act, 89 of 1998
35. TIMEFRAMES AND FORMAL CONTRACT
Successful bidder(s) will be required to enter into formal contract with the City of Matlosana for a period of thirty-six (36) months.
36. PRICE SCHEDULE
36.1 Make sure that your prices are in the pricing schedule provided your Activity/ project schedule that you will be providing to the Municipality
36.2 Prices must be VAT inclusive
36.3The prospective provider is to take notice that this is a tender with a fixed price for the 1st year and the remainder of the contract will be
subject to escalation in accordance with CPI per annum.
37. JOINT VENTURES/ CONSORTIUMS
If tendering as a joint venture, the Joint Venture agreement must be submitted with the tender document detailing the split of responsibilities in
terms of specifications, i.e. percentage of work to be performed by each partner.
38. GOOD STANDING WITH SOUTH AFRICAN REVENUE SERVICESDetermine whether a valid tax clearance certificate has been submitted. If the tender does not meet the requirements contained in the
Preferential Procurement Policy and the mentioned Framework, it will be rejected by the City of Matlosana, and may not subsequently be made
acceptable by correction or withdrawal of the non-conforming deviation or reservation.
39. Evaluation of Preference points The following preference point system is applicable to the tender:
80/20 system for requirements with a Rand value equal or less than R50 000 000 where: Points for Price = 80
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Points for Preference (B-BBEE Status Level Contributor) = 20
5.2 Points for price
A maximum of 90 points is allocated to price on the following basis:
Ps = 80 [1 - (Pt – Pm)]Pm
Where: Ps = points scored for price of bid under consideration.
Pt = the tender sum of the tender under consideration.
Pm= the tender sum of the lowest tender.a. The points scored by a bidder in respect of the goals indicated above will be added to the points scored for price.
b. Supply Chain Management may, before a bid is adjudicated or at any time, require a bidder to substantiate claims it has made with regard to
preference.
c. Points scored will be rounded off to the nearest 2 decimals.
d. In the event that two or more bids have scored equal total points, the contract will be awarded to the bidder scoring the highest number of
points for the specified goals.
e. Should two or more bids be equal in all respects; the award shall be decided by drawing of lots.
f. A contract may, on reasonable and justifiable grounds, be awarded to a bid that did not score the highest number of points.
40. COUNTER CONDITIONS
Bidders’ attention is drawn to the fact that amendments to any of the Special Conditions by bidders will result in invalidation of such bids.
MUNICIPAL RATES AND SERVICES
The Tenderer
(a)hereby acknowledges that according to SCM Regulation 38(1)(d)(i) the City Manager may reject the tender or quote of the Tenderer if any municipal rates and taxes or municipal service charge owed by the Tenderer or any of its directors/members/ partners to the City of Matlosana, or to any other municipality or municipal entity, are in arrears for more than three months;
(b) and confirms the following information for the purpose of giving effect to the above, hereby declaring that it is true and correct. The Tenderer acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified and/or in the event that the Tenderer is successful, cancellation of contract
Physical Business address(es) of the Tenderer Municipal Account number(s)
Names of Directors/ Partners/Members
Physical residential address of the Directors/ Partners/Members
Residential Municipal Account number(s)
Name of Municipality(ies)
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If there is not enough space for all the names, please attach the information to this schedule in the same format
NB: Please attach copy (ies) of municipal accounts of the Company and Members
a) A certified copy of the bidder’s and those of its directors municipal accounts (for the Municipality where the bidder pays his account) for the
month preceding the tender closure date must accompany the tender documents. If such a certified
copy does not accompany the bid document of the successful bidders; the Municipality reserves the right to obtain such documents after the
closing date to verify that their municipal accounts are in order.
(b) If a bidder rents their premises, proof must be submitted that the rental includes their municipal rates and taxes or municipal charges and
that their rent is not in arrears.
DECLARATION
I, THE UNDERSIGNED (NAME) ……………………………………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
…………………………………………………………. ………………………………………….
Signature Date
………………………………………………………………. …………………………………………….
Position Name of Bidder
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TENDER NO: COM/SCM/T/6/2018/19
SUPPLY, DELIVERY & MAINTENANCE OF NEW MULTIFUNCTIONAL COPIERS ON A LEASING CONTRACT FOR A PERIOD OF THREE (3) YEARS
IntroductionLike any large established organisation CITY OF MATLOSANA has a need for office automation in the form of Copiers and Fax Machines in order to fulfil in its office automation requirements. However, to manage and contain cost within the office automation space has always been extremely difficult due to geographic placement of offices and the respective cost centres requirements.
In order to address these concerns CITY OF MATLOSANA has decided to go out on a formal RFT process to obtain competitive bids in order to review the respective financial and service option available to CITY OF MATLOSANA in order to drive these costs down.
Background
The CITY OF MATLOSANA current contract comes to an end at the end on the 31 October 2018.
Apart from the obvious purchase and/or rental cost of the machine CITY OF MATLOSANA request the vendors responding to the tender to supply CITY OF MATLOSANA with cost efficiency concepts and models that can assist CITY OF MATLOSANA to manage and contain spend in this environment i.e. copy charges being the major player.
The requirement
It is the requirement of the Chief Financial Officer that cost effective office automation solution is procured to replace the current footprint of fax and copier devises deployed in CITY OF MATLOSANA. The combined number of devises comes to 120 and is split in to 5 different models as defined below.
1. The Bidder must have a locally based office and suitable competent trained technical staff available to work in the KOSH (Klerksdorp, Orkney, Stilfontein and Hartbeesfontein) areas including their respective townships. If not, a proposal should be attached on how this will be achieved, e.g. joint venture with a locally based company which will also have technically competent technicians qualified to work on a specific brand.
2. Guarantee / Letter of confirmation from suppliers that the bidder is authorised to deal in specific brand names.
3. Certificate of technical competency with regard to employed technicians. (No CV’s to be attached, but competency certificates from the brand manufacturer/distributor not older than two (2) years
4. The City of Matlosana reserves the right to verify and or all statements made by the vendor in the tender document and to inspect the service provider’s facilities, if necessary to establish to its satisfaction about the service provider’s capacity to perform the function and demonstration of the self-service devices for Library clients.
5. Brochures of each type of printer must be provided with the tender submission.
6. Only original manufacture parts and toners may be used.
7. All software and software updates must be included in the contract.
8. Installation of all users and linking printers to the Council network must be included in the contract.
9. City of Matlosana reserve the right to increase or decrease the number of machines required. The municipality shall in writing advice the service provider of such changes, who shall in writing confirm the amendment to the contract and the value thereof. Such shall constitute a valid variation of the agreement.
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10. Service provider should maintain its own inventory of components, spare parts and workshop.
11. The turn-around time for the servicing of the printers and all its related faults must not be longer than 3 hours.
12. Should it be deemed necessary, a replacement backup machine must be provided in the event that the original machine cannot be repaired within a reasonable time.
13. Courier companies contracted to deliver machines must be fully equipped in order to deliver machines in all Council premises at all floors within two (2) months from the date of appointment, no municipal staff may be requested to assist courier with offloading of machines.
14. Tenderer will be required to demonstrate self-service units to be used at libraries (card readers or coin boxes) to be supplied with machines.
15. Only Technicians listed on the tender documents will be allowed to work on the devices (identification may be required by Council official from a technician attending to a complaint).
MAINTENANCE CONTRACT:
- Strictly cost per copy from zero (o) copiers- No free copiers- No minimum billing (Billing only for actual copiers made)- No charge for collecting meter readings from the City of Matlosana- Contract must stipulate by definition what is included in the maintenance contract, e.g. specify consumables and
all items excluded from the maintenance contract- Schedule of maintenance contract to be included with the tender- Remote management software must be supplied free of charge. (Manufacturer’s software – no third-party
software)
GENERAL:
- Rental contract to be over 36 months with zero (o) escalation- all maintenance contracts must be able to be cancelled within one (1) calendar month notice- Errors and omissions excepted (E&OE)
Contract cannot “Evergreen” / Renew automatically (Maintenance- as well as Financing contracts) without the written consent of the City of Matlosana by means of a resolution.
4. THE CRITERIA OF FUNCTIONALITY EVALUATION
a. Bids will be evaluated according to the bid evaluation criteria stipulated in this section of the terms of reference. During this stage bidder`s responses will be evaluated for functionality based on achieving a minimum score of 56 out of 100 points.
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b. Bidders must, as part of their bid documents, submit supportive documentation for all functionality requirements as required. The panel of people shall be responsible for scoring the responsive bids from compliance to tender conditions, based on their submissions and the information provided.
c. Bidders will not rate themselves, but need to ensure that all information is supplied as required. The Bid Evaluation Committee will evaluate all responsive bids and will verify all documents submitted by the bidders.
d. The panel members will individually score the responses received against the following criteria as set out below”
With regard to functionality the following criteria will be applicable and the maximum weights of each criterion are indicated in brackets:
No Evaluation Criteria Minimum scorerequired per
criterion
Weighting percriterion
(maximum score)
1. Related Experience 20 30
2.1 Key Staff Competence:
Qualifications
10 15
2.2 Key Staff Competence: Experience 10 15
3 Equipment and Resources 10 20
4 Locality 6 20
TOTAL 56 100
The minimum total score required for all five criteria is, 56 Tenders scoring less than 56 points will be regarded as non-responsive.
1. Related Experience (Contracts of similar nature completed by the company) 30 points
Supply of Multi-functional Copiers related contracts than R 6 000 000.00 (each per contract) for which appointment and reference letter on clients letter head (signed by employer) have been submitted, will be evaluated. Points will be awarded as follows for a project completed successfully, points will be allocated for only one project submitted:
Value of contracts less than R 6 million per project : 0 points
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Value of contracts more than R 6 million but less than R 9 million : 20 points
Value of contracts more than R 10 million : 30 points
A minimum total score of 20 points is being required to be regarded as responsive. The maximum score for this criterion is 30 points
2.2.1 Key Staff Competence: Qualifications (Submission of three (3) Curriculum Vitae of IT Technicians is required for
evaluation and Qualifications (of which need be Certified for Authenticity).
Key Staff Competence Name of the Technician Qualifications Points
IT Technician 1 N+ or A+ or higherandManufacture Accreditation Certificate
5
No N+ or A+ or higherandManufacture Accreditation Certificate
0
IT Technician 2 N+ or A+ or higherandManufacture Accreditation Certificate
5
No N+ or A+ or higherandManufacture Accreditation Certificate
0
IT Technician 3 N+ or A+ or higherandManufacture Accreditation Certificate
5
No N+ or A+ or higherandManufacture Accreditation Certificate
0
A minimum total score of 10 points is being required to be regarded as responsive. The maximum score for this criterion is 15 points
2.2 Key Staff Competence: Experience 15
Key Staff Competence Name of the Technician Experience (maintenance and servicing of photo copier machines)
Points
IT Technician 1 1-2 years 2
3-4 years 3
15
5 years and more 5
IT Technician 2 1-2 years 23-4 years 3
5 years and more 5IT Technician 3 1-2 years 2
3-4 years 3
5 years and more 5
A minimum total score of 10 points is being required to be regarded as responsive. The maximum score for this criterion is 15 points
3. Equipment and Resources (20 points)
Equipment and Resources
Sedan No Sedan (0 points) 1 X Sedan (5 points) 2 X or more Sedans (10 points )
Bakkie No Bakkie (0 points) 1 X Bakkie (5 points) 2 X or more Bakkie (10 points )
A minimum total score of 10 points is being required to be regarded as responsive. The maximum score for this criterion is 20 points
4. Locality
Main Office address outside North West Province : 6 pointsMain Office address within North West Province : 11 pointsMain Office address within Dr Kenneth Kaunda District Municipality : 15 pointsMain Office address within City of Matlosana Municipality : 20 points
A minimum total score of 6 points is being required to be regarded as responsive. The maximum score for this criterion is 20 points
Scope of Work
a) Supply and delivery of various multi-functional copiers as per attached annexure, on leasing basis for a period of 36 months.
b) Maintenance of the supplied units inclusive of the consumables on as an when required basis.
c) Installation of the devices to all areas as identified by the City of Matlosana.
d) Provide monthly report on the performance of devices including service done on the machine.
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e) Respond to complaints within a 3 working hours.
Summary of Devices
No of Devices Device Description Finisher3 110ppm Production Copiers Yes4 75ppm Medium to High Volume Copier Yes95 B&W copiers No12 Colour copiers No1 Wide format device n/a6 B&W copiers Yes
Note: 33
ID card authentication (ID card reader) for the Libraries
Specification of Devices
3 x B&W Production Printers (Model 3)
Specifications for Production devices
Print speed A4 Up to 113 ipm
Print speed A3 Up to 59 ipm
Engine Resolution 600 x 2,400 dpi
Finisher Options
Automatic document feeder
Max.: 100 sheets
Paper feed unit Paper feed unit 3 magazines with air-suction technology; paper capacity: up to 5,000 sheets; paper weight: 40-350 gsm; standard paper sizes: A5 to A3+; min. paper size: 95 x 139 mm; max. paper size: 324 x 483 mm;optional heating unit HT-505 available
Booklet finisher Saddle stitching kit Booklet making of up to 20 sheets (80 images); saddle stitching; cover sheets from 50 to 300 gsm; output tray for booklets; multi-letter fold-in (up to 3 sheets); multi-half fold (up to 5 sheets)
Punch kit Punch kit Punching (2 and 4 holes selectable)
Staple finisher Stapling unitStapling of up to 100 sheets; two-point and corner stapling; variable staple length (cutting mechanism)
4 x 75ppm Medium to High Volume Copier (Model 4)
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Specifications for device up to 75cpm
Copying process
Electrostatic laser copy; tandem; indirect
Toner system High-definition polymerised toner
Copy/print speed A4 mono (cpm)
Up to 75 ppm
Copy/print speed A3 mono (cpm)
Up to 37 ppm
Auto duplex speed A4 mono (cpm)
Up to 75 ppm
Copy functions Chapter; cover and page insertion; proof copy (print and screen); adjustment test print; digital art functions; job setting memory; poster mode; image repeat; overlay (optional); stamping; copy protection
102 x B&W Copiers (Model 1)
Specifications for device up to 36cpm
Copying process Electrostatic laser copy; indirect
Toner system High-definition polymerised toner
Copy/print speed A4 mono (cpm)
Up to 36 cpm
Copy/print speed A3 mono (cpm)
Up to 18 cpm
Auto duplex speed A4 mono (cpm)
Up to 36 cpm
Original format A5 - A3
System Specifications
18
System memory standard (MB)
2,048 MB (standard)
System hard disc optional (GB)
250 GB (standard)
Interfaces standard 10-Base-T/100-Base-T/1,000-Base-T Ethernet; USB 2.0; Wi-Fi 802.11b/g/n (optional)
Network protocols TCP/IP (FTP; SMB; SMTP; WebDAV) (IPv4/IPv6)
Frame types Ethernet 802.2; Ethernet 802.3; Ethernet II; Ethernet SNAP
Automatic document feeder
Up to 100 originals; A6-A3; 35-163 gsmRADF optional available
Paper size A5-A3; A6S; Thick Paper X/Y size input range: Width:90-297 mm; Length: 139.7-431.8mm
12 x Colour Copiers (Model 2)
Specifications for colour device up to 36cpm
Copying process Electrostatic laser copy, tandem, indirect
Toner system High-definition polymerised toner
Copy/print speed A4 mono (cpm)
Up to 36
Copy/print speed A4 colour (cpm)
Up to 36
Original format A5-A3
Fax Specifications
Fax standard Super G3 (optional)
System Specifications
System memory standard (MB)
2,048 (standard)
System hard disc standard (GB)
250 (standard)
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Interfaces standard 10-Base-T/100-Base-T/1,000-Base-T Ethernet; USB 2.0
Network protocols TCP/IP (IPv4 / IPv6); IPX/SPX; NetBEUI; AppleTalk (EtherTalk); SMB; LPD; IPP; SNMP; HTTP
Frame types Ethernet 802.2; Ethernet 802.3; Ethernet II; Ethernet SNAP
Automatic document feeder
Up to 100 originals; A6-A3; 35-163 gsmRADF or Dual scan ADF available
Paper size A6-SRA3, customised paper sizes;banner paper max. 1,200 x 297 mm
1 x Wide-Format MFP Colour Device
Wide-Format MFP Colour Device
Wide-format
User-friendly, affordable and lightweight large-format workflow system. 5 Ink, 5 Colour Technical/CAD/GIS/Poster printer.
Scanner scan-to-copy solution, Scan direct to USB stick or to a network via a PC using the Ethernet connection, Scan to TIFF, PDF and JPEG up to 1.27 m in length
Current Locations of Devices
No. Departments/Sections Address/Telephone
No. of Devices
Per Model
Model Proposed Model
Staple Finisher Required
Proposed Models with card readers
1 Corporate Services/Printing
41 Bram Fischer Street, Klerksdorp_018 487 8394 1 Model 3 110ppm yes No
2 Corporate Services/Printing
41 Bram Fischer Street, Klerksdorp_018 487 8394 2 Model 3 110ppm yes No
3 Corporate Services/Printing
41 Bram Fischer Street, Klerksdorp_018 487 8394 3 Model 3 110ppm yes No
4Corporate Services/ Human Resources/Reception
41 Bram Fischer Street, Klerksdorp_018 487 8097 1 Model 1 36ppm No No
5 Corporate Services/ Single Whip's Office/New Machine
41 Bram Fischer Street, Klerksdorp_018 487 8006
2 Model 1 36ppm No No
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required
6Corporate Services/ Legal Services/New Machine required
41 Bram Fischer Street, Klerksdorp_018 487 8595 3 Model 1 36ppm No No
7 Corporate Services/Mayor's Office
41 Bram Fischer Street, Klerksdorp_018 487 8002 4 Model 1 36ppm No No
8 Housing/Kanana 018 487 8966 5 Model 1 36ppm No No
9 Housing/Khuma 018 487 8658 6 Model 1 36ppm No No
10 Housing/Tigane 018 487 8695 7 Model 1 36ppm No No
11 Housing/JoubertonCnr Phelandaba & Benji Olifant, Jouberton_018 487 8672
8 Model 1 36ppm No No
12 Licence Stilfontein Bloem Street, Stilfontein_018 487 8276 9 Model 1 36ppm No No
13 Electrical department/Garage
Wessels Street, Meiringspark (Opposite Schoonspruit High) 018 487 8727
10 Model 1 36ppm No No
14 Electrical Department/Orkney 11 Model 1 36ppm No No
15 Finance Department/Paypoint 1 2 Patmore Road, Orkney_ 12 Model 1 36ppm No No
16 Finance Department/Paypoint 2
Cnr JD Khumalo & A Disele Street, Kanana 13 Model 1 36ppm No No
17 Finance Department/Paypoint 3
65 Voortrekker Street, Hartbeesfontein_018 487 8880
14 Model 1 36ppm No No
18 Finance Department/Paypoint 4 202 Tigane_018 487 8695 15 Model 1 36ppm No No
19 Finance Department/Paypoint 7
Cnr Isibhedlele & Agapanthus, Jouberton 16 Model 1 36ppm No No
20 Finance Department/Paypoint 8
Cnr Kopanong & Letsheganong, Jouberton 17 Model 1 36ppm No No
21 Finance Department/Paypoint 11
Cnr Somerset Drive & Stilfontein Road_ 18 Model 1 36ppm No No
22 Finance Department/Paypoint 12
Wildespaan/ Mfana Majova, Khuma Proper_018 487 8651 19 Model 1 36ppm No No
23 Cemetery JoubertonBoet Randles Street, Neserhof, Klerksdorp_018 487 8667
20 Model 1 36ppm No No
24 Finance Umsenge Street, Jouberton 21 Model 1 36ppm No No
21
Department/Paypoint 6
25 Corporate Services/Records
41 Bram Fischer Street, Klerksdorp_018 487 8344/8343
1 Model 1 36ppm No No
26
Corporate Services/Human Resources/Personnel Office
41 Bram Fischer Street, Klerksdorp_018 487 8305 2 Model 1 36ppm No No
27 Corporate Services/Typing Pool
41 Bram Fischer Street, Klerksdorp_018 487 8326 3 Model 1 36ppm No No
28Corporate Services/Director's Office
41 Bram Fischer Street, Klerksdorp_018 487 8012 4 Model 1 36ppm No No
29Corporate Services/Mayor's Office Room 124
41 Bram Fischer Street, Klerksdorp_018 487 8002 5 Model 1 36ppm No No
30 Corporate Services/ Speakers Office
41 Bram Fischer Street, Klerksdorp_018 487 8004 6 Model 1 36ppm No No
31 Civil Engineering/ Room 205
41 Bram Fischer Street, Klerksdorp_018 487 8364 7 Model 1 36ppm No No
32 Civil Engineering/ Room 210 & 211
41 Bram Fischer Street, Klerksdorp_018 487 8364 8 Model 1 36ppm No No
33 Civil Engineering/ Roads Depot Uraniaville
Cnr Meteor & Magnesium Street, Uraniaville_ 9 Model 1 36ppm No No
34 Civil Engineering/ Building Inspectors
41 Bram Fischer Street, Klerksdorp_018 487 8591 10 Model 1 36ppm No No
35 Civil Engineering/ Building Inspectors
42 Bram Fischer Street, Klerksdorp_018 487 8591 1 Model 5 Wide
Format No No
36 Housing/Civic Centre 41 Bram Fischer Street, Klerksdorp_018 487 8577 11 Model 1 36ppm No No
37 Public Safety/ FireCnr Viljoen & Voortrekker street, Klerksdorp_018 464 8027
12 Model 1 36ppm No No
38 Public Safety/ Traffic/ Natis Office
Cnr President Kruger & Anderson Street, Klerksdorp_018 487 8126
13 Model 1 36ppm No No
39 Public Safety/ Traffic/Secretary
Cnr President Kruger & Anderson Street, Klerksdorp_018 487 8126
14 Model 1 36ppm No No
40 Public Safety/Traffic/Admin
Cnr President Kruger & Anderson Street, Klerksdorp_018 487 8126
15 Model 1 36ppm No No
41 Public Safety/ Traffic/ Cnr President Kruger & 16 Model 1 36ppm No No
22
Chasiers Anderson Street, Klerksdorp_018 487 8126
42 Licence/Klerksdorp Drivers Licence
No.1 Greyhound Street, Uraniaville_018 487 8830 17 Model 1 36ppm No No
43 Licence/Klerksdorp Drivers Licence
No.1 Greyhound Street, Uraniaville_018 487 8830 18 Model 1 36ppm No No
44 Licence Klerksdorp Cashiers
No.1 Greyhound Street, Uraniaville_018 487 8830 19 Model 1 36ppm No No
45 Licence Klerksdorp Admin
No.1 Greyhound Street, Uraniaville_018 487 8830 20 Model 1 36ppm No No
46 Licence Klerksdorp/Test Station
No.1 Greyhound Street, Uraniaville_018 487 8830 21 Model 1 36ppm No No
47 Licence hartbeesfonteinEenheid Street, Hartbeesfontein_018 487 8693
22 Model 1 36ppm No No
48 Licence Orkney Tenneyson Avenue, Orkney_018 487 8221 23 Model 1 36ppm No No
49 Licence Orkney Tenneyson Avenue, Orkney 24 Model 1 36ppm No No
50Klerksdorp Library/Reference Section
Mayibuye Centre, Emily Hobhouse Street, Klerksdorp_018 487 8450
25 Model 1 36ppm No Yes
51 Klerksdorp Library/Klerksdorp
Mayibuye Centre, Emily Hobhouse Street, Klerksdorp 26 Model 1 36ppm No Yes
52Klerksdorp Library/Klerksdorp Admin
Mayibuye Centre, Emily Hobhouse Street, Klerksdorp 27 Model 1 36ppm No Yes
53 Klerksdorp Library/General
Mayibuye Centre, Emily Hobhouse Street, Klerksdorp 28 Model 1 36ppm No Yes
54 Klerksdorp Library/new machine required
Mayibuye Centre, Emily Hobhouse Street, Klerksdorp 29 Model 1 36ppm No Yes
55 Klerksdorp Library/new colour machine required
Mayibuye Centre, Emily Hobhouse Street, Klerksdorp 30 Model 1 36ppm No Yes
56 Jouberton Library Sylvia Benjamin Street, Jouberton_018 465 3030 31 Model 1 36ppm No Yes
57 Jouberton Library Sylvia Benjamin Street, Jouberton 32 Model 1 36ppm No Yes
58 Jouberton Library Sylvia Benjamin Street, Jouberton 33 Model 1 36ppm No Yes
59 Alabama Library Alex Street, Alabama_018 487 8681 34 Model 1 36ppm No Yes
60 Alabama Library/New Alex Street, Alabama 35 Model 1 36ppm No Yes
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Machine Required
61 Manzilpark Library Persutam Street, Manzilpark_018 487 8685 36 Model 1 36ppm No Yes
62 Manzilpark Library/New Machine required Persutam Street, Manzilpark 37 Model 1 36ppm No No
63 Stilfontein Library Bloem Street, Stilfontein_018 487 8291 38 Model 1 36ppm No Yes
64 Stilfontein Library Bloem Street, Stilfontein_018 487 8291 39 Model 1 36ppm No Yes
65 Stilfontein Library/New machine required
Bloem Street, Stilfontein_018 487 8291 40 Model 1 36ppm No Yes
66 Khuma Library Ndlondlosi Street, Khuma_018 487 8652 41 Model 1 36ppm No Yes
67 Khuma Library/new machine required Ndlondlosi Street, Khuma 42 Model 1 36ppm No Yes
68 RN Thulo Library Dayimane Street, Khuma Extension 8 43 Model 1 36ppm No Yes
69 RN Thulo Library Dayimane Street, Khuma Extension 8 44 Model 1 36ppm No Yes
70 RN Thulo Library Dayimane Street, Khuma Extension 8 45 Model 1 36ppm No Yes
71 Kanana Library Essop Pahad Street, Kanana_018 487 8970 46 Model 1 36ppm No Yes
72 Kanana Library/new machine required Essop Pahad Street, Kanana 47 Model 1 36ppm No Yes
73 Kanana Library/new machine required Essop Pahad Street, Kanana 48 Model 1 36ppm No Yes
74 Orkney Library/new machine required Partmore Street, Orkney 49 Model 1 36ppm No Yes
75 Orkney Library/new colour machine required Partmore Street, Orkney 50 Model 1 36ppm No Yes
76 Umuzimuhle Library Cnr Tlou & Tshepe Street, Umuzimuhle 51 Model 1 36ppm No Yes
77 Tigane Library Walter Sisulu Street, Tigane_ 52 Model 1 36ppm No Yes
78 Tigane Library/New Machine required Walter Sisulu Street, Tigane 53 Model 1 36ppm No Yes
79 Finance Department/Billing
Cnr Bram Fischer & Emily Hobhouse_018 487 8412 54 Model 1 36ppm No No
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80Finance Department/Supply Chain
Cnr Bram Fischer & Emily Hobhouse_018 487 8046 55 Model 1 36ppm No No
81Finance Department/Supply Chain
Cnr Bram Fischer & Emily Hobhouse_018 487 8047 1 Model 4 75ppm yes No
82Finance Department/Revenue Office
Cnr Bram Fischer & Emily Hobhouse_ 58 Model 1 36ppm No No
83Finance Department/Revenue Office
Cnr Bram Fischer & Emily Hobhouse 59 Model 1 36ppm No No
84Finance Department/Revenue Office
Cnr Bram Fischer & Emily Hobhouse 60 Model 1 36ppm No No
85 Finance Deaprtment/Budget
Cnr Bram Fischer & Emily Hobhouse_018 487 8574 61 Model 1 36ppm No No
86
Finance Department/Expenditure Cnr Bram Fischer & Emily
Hobhouse_018 487 8433 62 Model 1 36ppm No No
87 Finance Department/Pay Office
Cnr Bram Fischer & Emily Hobhouse_018 487 8501 63 Model 1 36ppm No No
88 Finance Department/Rates
Cnr Bram Fischer & Emily Hobhouse_018 487 8408 64 Model 1 36ppm No No
89 Finance Department/Clearances
Cnr Bram Fischer & Emily Hobhouse_018 487 8468 65 Model 1 36ppm No No
90Finance Department/Central Stores
Cnr Meteor & Magnesium Street, Uraniaville_018 487 8941
66 Model 1 36ppm No No
91 Finance Department/Paypoint 5
Cnr Thuto Boswa & Lebaleng Street, Jouberton 67 Model 1 36ppm No No
92 Finance Department/Paypoint 9
Cnr O.R Tambo & Benji Olifant, Jouberton_018 487 8666
68 Model 1 36ppm No No
93 Finance Department/Paypoint 10
Cnr Lansberg & Alex Road, Alabama_018 487 8680 69 Model 1 36ppm No No
94 Finance Department/Paypoint 13
Marcus Zenzile Street, Khuma Extension 8_ 70 Model 1 36ppm No No
95 Market Meteor Road, Uraniaville, Klerksdorp_018 487 8800 71 Model 1 36ppm No No
96 LED Bloem Street, Stilfontein_018 487 8294 72 Model 1 36ppm No No
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97 LED/new machine required
Bloem Street, Stilfontein_018 487 8294 73 Model 1 36ppm No No
98 Sport No. 1 Golden Way Road pienaarsdorp_018 487 8750 74 Model 1 36ppm No No
99 Community Services/Admin
Boet Randles Street, Neserhof, Klerksdorp_018 487 8760
75 Model 1 36ppm No No
100 Community Services/Health
Boet Randles Street, Neserhof, Klerksdorp_018 487 8786
76 Model 1 36ppm No No
101 Corporate Services/Printing
41 Bram Fischer Street, Klerksdorp_018 487 8394 1 Model 2 36ppm No No
102 Project Management Unit/Room 230
41 Bram Fischer Street, Klerksdorp_018 487 8039 2 Model 2 36ppm yes No
103Performance Management Unit/Room 301
41 Bram Fischer Street, Klerksdorp_018 487 8360 3 Model 2 36ppm yes No
104 Electrical Department/Admin
Magaretha Prinsloo Street, Klerksdorp (opposite Checkers) 018 487 8709
4 Model 2 36ppm No No
105 Klerksdorp Library/Klerksdorp
Mayibuye Centre, Emily Hobhouse Street, Klerksdorp 5 Model 2 36ppm No Yes
106 Stilfontein Library/new colour machine required
Bloem Street, Stilfontein_018 487 8291 6 Model 2 36ppm No Yes
107 Orkney Library Partmore Street, Orkney_018 487 8211 7 Model 2 36ppm No Yes
108 Orkney Library Partmore Street, Orkney 8 Model 2 36ppm No Yes
109 Finance Department/Admin/CFO
Cnr Bram Fischer & Emily Hobhouse_018 487 8017 9 Model 2 36ppm No No
110 Finance Department/ICT
Cnr Bram Fischer & Emily Hobhouse_018 487 8448 10 Model 2 36ppm No No
111 MuseumCnr Magaretha Prinsloo & Lombaard Street, Klerksdorp_018 487 8900
11 Model 2 36ppm No No
112 ParksBoet Randles Street, Neserhof, Klerksdorp_018 487 8781
12 Model 2 36ppm No No
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BILL OF QUANTITIES
ITEM DESCRIPTION MODELSTOBE SUPPLIED
QTY MONTHLYRENTALCOST PER UNIT
TOTAL COSTPER MONTH
(Quantity x Cost per Unit)
TERM TOTAL COSTAT 12 MONTHS
(Total Cost per month x 12 Months)
COSTPER COPY
MONTHLYAVERAGEESTIMATION
TOTAL MONTHLY ESTIMATION
(cost per copy x monthly average)
1. PRODUCTION PRINT 110(B&W)
3 R R 12 R (B&W) R 1, 000 000 R
2. 75 PPM (B&W) 4 R R 12 R (B&W) R 210, 000 R
3. 36 PPM (B&W) 67 R R 12 R (B&W) R 80, 000 R
4. 36 PPM WITH FINISHER (B&W)
6 R R 12 R (B&W) R 80, 000 R
5. 36 PPM MACHINES WITH COIN BOX OR CARD READER
28 R R 12 R (B&W) R 60, 000 R
6. 36 PPM (COLOUR) 6 R R 12 R (B&W) R 60, 000 R
(COLOUR) R 20, 000 R
27
7. 36 PPM WITH FINISHER(COLOUR)
2 R R 12 R (B&W) R 60, 000 R
(COLOUR) R 20,000 R
8. 36 PPM MACHINES WITH COIN BOX OR CARD READER (COLOUR)
4 R R 12 R (B&W) R 60, 000 R
(COLOUR) R 20, 000 R
9. WIDE FORMAT MFP
1 R R 12 R (B&W) R 10, 000 R
(COLOUR) R 5, 000 R
TOTAL TOTAL ESTIMATED MONTHLY COPY COST
VAT
NET COST
28
BILL OF QUANTITIES
MULTIFUNCTIONAL COPIERS COST PER COPY
ITEM DESCRIPTION QUANTITY MODELS TO BE SUPPLIED
MONTHLY RENTALCOST PER UNIT
TOTAL COSTAT 12 MONTHS
(Total Cost per month x 12 Months)
COLOUR COSTPER COPY
MONTHLYAVERAGEESTIMATION
TOTAL MONTHLY ESTIMATION
(cost per copy x monthly average)
1. PRODUCTION PRINT 110(B&W)
3 R R (B&W) R 1, 000 000 R
2. 75 PPM (B&W) 4 R R (B&W) R 210, 000 R
3. 36 PPM (B&W) 67 R R (B&W) R 80, 000 R
4. 36 PPM WITH FINISHER (B&W)
6 R R (B&W) R 80, 000 R
5. 36 PPM MACHINES WITH COIN BOX OR CARD READER
28 R R (B&W) R 60, 000 R
6. 36 PPM 6 R R (B&W) R 60, 000 R
29
(COLOUR)(COLOUR) R 20, 000 R
7. 36 PPM WITH FINISHER(COLOUR)
2 R R (B&W) R 60, 000 R
(COLOUR) R 20,000 R
8. 36 PPM MACHINES WITH COIN BOX OR CARD READER (COLOUR)
4 R R (B&W) R 60, 000 R
(COLOUR) R 20, 000 R
9. WIDE FORMAT MFP
1 R R (B&W) R 10, 000 R
(COLOUR) R 5, 000 R
SUB-TOTAL SUB-TOTAL
15% VAT 15% VAT
TOTAL TOTAL
30
Prices above should include:-
1. The price will be evaluated based on total rental value of 12 months plus the total estimated monthly copy costs
2. The prices for 2nd and 3rd year will be increased based on the Consumer Price Index increase, the successful bidder will be required to submit the proof.
3. Maintenance of the device.4. Training and Installation of personnel.5. Toners and all device consumables.6. Delivery, Connections and installation of devices.7. All software upgrades of devices.8. Changing of waste toner containers including containers.9. Site visitations.
All pricing option/models available to CITY OF MATLOSANA (MUST be reflected in the Pricing Schedule)
The following documentation must be provided by the bidder and must be attached as an annexure to the tender document:
- full specifications including average and maximum monthly copy volumes- brochures- reference sites equal in contract size of this tender- written guarantee that machines are new and not refurbished- maximum paper capacities to be specified
31
MBD 1
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF MUNICIPALITY/ MUNICIPAL ENTITY)
BID NUMBER: CLOSING DATE: CLOSING TIME:
DESCRIPTION
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS
Tender Box situated on the Entrance, ground Floor, Civic Centre Klerksdorp municipal offices, Civic Centre, corner Bram Fischer & OR Tambo Street, Klerksdorp
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
TAX COMPLIANCE STATUS TCS PIN: OR CSD No:
B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE
[TICK APPLICABLE BOX]
Yes
No
B-BBEE STATUS LEVEL SWORN AFFIDAVIT
Yes
No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?
Yes No
[IF YES ENCLOSE PROOF] ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?
Yes No[IF YES, ANSWER PART B:3 ]
TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE R
SIGNATURE OF BIDDER ……………………………… DATE
CAPACITY UNDER WHICH THIS BID IS SIGNEDBIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
DEPARTMENT CONTACT PERSON
CONTACT PERSON TELEPHONE NUMBER
TELEPHONE NUMBER FACSIMILE NUMBER
FACSIMILE NUMBER E-MAIL ADDRESS
E-MAIL ADDRESS
32
Page 33 of 84
PART BTERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR
CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR ONLINE1.3. THIS BID 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.
2. TAX COMPLIANCE REQUIREMENTS2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.
2.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.
2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO
3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.
NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. NO BIDS
WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.
SIGNATURE OF BIDDER: …………………………………
CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………
DATE: ……………………………
MBD 2
Company Name ……………………………………………………………………………………... initial …………………………………
Page 34 of 84
TAX CLEARANCE CERTIFICATE REQUIREMENTS
It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have
been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. Bids will not be
considered if these requirements are not met.
1. Previously a taxpayer (bidder) was required to submit a valid, original paper Tax Clearance Certificate (TCC), the tax
payer/ bidder MUST now submit TAX COMPLIANCE STATUS PIN NO. Bids WILL NOT be considered if the correct
PIN NO and Tax Reference Number are not included in this document
2. Applications for the Tax Clearance Certificates MUST be made via eFiling. In order to use this provision, taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za or contact the SARS Contact Centre on 0800007277
3. The bidder (Name) …………………………………………………. hereby grants City of Matlosana Local Municipality
Permission to use the following TAX COMPLIANCE STATUS PIN NO …………………………
With reference to the following Tax Reference Number…………………………………………….
4. The bidder (Name) ……………………………………………………. Hereby further grants SARS permission to disclose the bidders TAX COMPLIANCE STATUS to City of Matlosana Local Municipality on an on-going basis during the Contract Term.
5. A bidder who appoints a Sub-Contractor / Joint Venture / Consortia to execute a portion of a contract (Sub-Contractor in excess of National Treasury threshold) must ensure that each appointment is TAX COMPLIANT and remains TAX COMPLIANT for the duration of the contract. Successful bidders must provide City of Matlosana Local Municipality authority from their appointments confirming that SARS may, on an on-going basis during the contract term, disclose the appointed Sub-Contractor / Joint Venture / Consortia TAX COMPLIANCE STATUS.
6. A bidder who acts on behalf of an undisclosed principal must disclose such a fact upon submission of a bid as well as identity of that principal. The TAX COMPLIANCE STATUS of that principal must be verified in the same manner as that of the bidder. The same principle applies mutatis mutandis to any Sub-Contractor / Joint Venture / Consortia appointed by a successful bidder to execute a portion of a contract.
7. The TAX COMPLIANCE STATUS of all parties must be disclosed and verified if the bidder consist of a partnership and
8. A bidder who is not resident in the Republic of South Africa, must apply for TAX CLEARANCE at SARS.
SIGNATURE OF BIDDER …………………………………… DATE: ………………………………
CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………………………………
WITNESS 1 ………………………………………………….. DATE: ………………………………
WITNESS 2 ………………………………………………….. DATE: ………………………………………
Company Name ……………………………………………………………………………………... initial …………………………………
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 the service
of the state, it is required that the bidder or their authorised representative declare their position in relation to
the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
3.1 Full Name: _______________________________________________________________
3.2 Identity Number: __________________________________________________________
3.3 Company Registration Number: ______________________________________________
3.4 Tax Reference Number: ____________________________________________________
3.5 VAT Registration Number: ___________________________________________________
3.6 Are you presently in the service of the state? YES/NO
3.6.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.7 Have you been in the service of the state for the past twelve months? YES/NO
3.7.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.8 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
3.8.1 If so, furnish particulars.
_____________________________________________________________________________________________
In terms of the provisions of regulation 1 of the Municipal Supply Chain Management Regulations:“in the service of the state” means to be –
(a) a member of-(i) any municipal Municipality;(ii) any provincial legislature; or(iii) the national Assembly or the national Municipality of provinces;
(b) a member of the board of directors of any municipal entity;(c) an official of any municipality or municipal entity;(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the
meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);(e) a member of the accounting authority of any national or provincial public entity; or(f) an employee of Parliament or a provincial legislature.
Page 36 of 84
_______________________________________________________________
3.9 Are you, aware of any relationship (family, friend, other) between a 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
3.9.1 If so, furnish particulars
_____________________________________________________________________________________________
_______________________________________________________________
3.10 Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the
state? YES/NO
3.10.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.11 Is any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in
service of the state? YES/NO3.11.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO
3.12.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO
3.13.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract.
YES / NO
Company Name ……………………………………………………………………………………... initial …………………………………
Page 37 of 84
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
MBD 4
DECLARATION OF INTEREST
1. No bid will be accepted from persons in the service of the state.
Company Name ……………………………………………………………………………………... initial …………………………………
Page 38 of 84
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 the service
of the state, it is required that the bidder or their authorised representative declare their position in relation to
the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
3.1 Full Name: _______________________________________________________________
3.2 Identity Number: __________________________________________________________
3.3 Company Registration Number: ______________________________________________
3.4 Tax Reference Number: ____________________________________________________
3.5 VAT Registration Number: ___________________________________________________
3.6 Are you presently in the service of the state? YES/NO
3.6.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.7 Have you been in the service of the state for the past twelve months? YES/NO
3.7.2 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.8 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
3.8.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.9 Are you, aware of any relationship (family, friend, other) between a bidder and any persons in the service of
the state who may be involved with the evaluation and or adjudication of this bid?
In terms of the provisions of regulation 1 of the Municipal Supply Chain Management Regulations:“in the service of the state” means to be –
(g) a member of-(i) any municipal Municipality;(ii) any provincial legislature; or(iii) the national Assembly or the national Municipality of provinces;
(h) a member of the board of directors of any municipal entity;(i) an official of any municipality or municipal entity;(j) 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);(k) a member of the accounting authority of any national or provincial public entity; or(l) an employee of Parliament or a provincial legislature.
Company Name ……………………………………………………………………………………... initial …………………………………
Page 39 of 84
YES/NO
3.9.1 If so, furnish particulars
_____________________________________________________________________________________________
_______________________________________________________________
3.10 Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the
state? YES/NO
3.10.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.12 Is any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in
service of the state? YES/NO3.11.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO
3.12.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO
3.13.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract.
YES / NO
3.14.1 If yes, furnish particulars:
______________________________________________________________________________________________________________________________________________________________________
Company Name ……………………………………………………………………………………... initial …………………………………
Page 40 of 84
4. Full details of directors / trustees / members / shareholders.
Full Name Identity Number State Employee Number
………………………………….. ……………………………………..
Signature Date
…………………………………. ………………………………………………………
Capacity Name of Bidder
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 the service
of the state, it is required that the bidder or their authorised representative declare their position in relation to
the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
Company Name ……………………………………………………………………………………... initial …………………………………
Page 41 of 84
3.1 Full Name: _______________________________________________________________
3.2 Identity Number: __________________________________________________________
3.3 Company Registration Number: ______________________________________________
3.4 Tax Reference Number: ____________________________________________________
3.5 VAT Registration Number: ___________________________________________________
3.6 Are you presently in the service of the state? YES/NO
3.6.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.7 Have you been in the service of the state for the past twelve months? YES/NO
3.7.3 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.8 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
3.8.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.9 Are you, aware of any relationship (family, friend, other) between a 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
3.9.1 If so, furnish particulars
_____________________________________________________________________________________________
_______________________________________________________________
3.10 Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the
In terms of the provisions of regulation 1 of the Municipal Supply Chain Management Regulations:“in the service of the state” means to be –
(m) a member of-(i) any municipal Municipality;(ii) any provincial legislature; or(iii) the national Assembly or the national Municipality of provinces;
(n) a member of the board of directors of any municipal entity;(o) an official of any municipality or municipal entity;(p) 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);(q) a member of the accounting authority of any national or provincial public entity; or(r) an employee of Parliament or a provincial legislature.
Company Name ……………………………………………………………………………………... initial …………………………………
Page 42 of 84
state? YES/NO
3.10.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.13 Is any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in
service of the state? YES/NO3.11.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO
3.12.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO
3.13.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract.
YES / NO
3.14.1 If yes, furnish particulars:
______________________________________________________________________________________________________________________________________________________________________
4. Full details of directors / trustees / members / shareholders.
Full Name Identity Number State Employee Number
Company Name ……………………………………………………………………………………... initial …………………………………
Page 43 of 84
………………………………….. ……………………………………..
Signature Date
…………………………………. ………………………………………………………
Capacity Name of Bidder
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 the service
of the state, it is required that the bidder or their authorised representative declare their position in relation to
the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
3.1 Full Name: _______________________________________________________________
3.2 Identity Number: __________________________________________________________
3.3 Company Registration Number: ______________________________________________
3.4 Tax Reference Number: ____________________________________________________
Company Name ……………………………………………………………………………………... initial …………………………………
Page 44 of 84
3.5 VAT Registration Number: ___________________________________________________
3.6 Are you presently in the service of the state? YES/NO
3.6.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.7 Have you been in the service of the state for the past twelve months? YES/NO
3.7.4 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.8 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
3.8.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.9 Are you, aware of any relationship (family, friend, other) between a 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
3.9.1 If so, furnish particulars
_____________________________________________________________________________________________
_______________________________________________________________
3.10 Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the
state? YES/NO
3.10.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
In terms of the provisions of regulation 1 of the Municipal Supply Chain Management Regulations:“in the service of the state” means to be –
(s) a member of-(i) any municipal Municipality;(ii) any provincial legislature; or(iii) the national Assembly or the national Municipality of provinces;
(t) a member of the board of directors of any municipal entity;(u) an official of any municipality or municipal entity;(v) 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);(w) a member of the accounting authority of any national or provincial public entity; or(x) an employee of Parliament or a provincial legislature.
Company Name ……………………………………………………………………………………... initial …………………………………
Page 45 of 84
3.14 Is any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in
service of the state? YES/NO3.11.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO
3.12.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO
3.13.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract.
YES / NO
3.14.1 If yes, furnish particulars:
______________________________________________________________________________________________________________________________________________________________________
4. Full details of directors / trustees / members / shareholders.
Full Name Identity Number State Employee Number
Company Name ……………………………………………………………………………………... initial …………………………………
Page 46 of 84
………………………………….. ……………………………………..
Signature Date
…………………………………. ………………………………………………………
Capacity Name of Bidder
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 the service
of the state, it is required that the bidder or their authorised representative declare their position in relation to
the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
3.1 Full Name: _______________________________________________________________
3.2 Identity Number: __________________________________________________________
3.3 Company Registration Number: ______________________________________________
3.4 Tax Reference Number: ____________________________________________________
3.5 VAT Registration Number: ___________________________________________________
3.6 Are you presently in the service of the state? YES/NO
In terms of the provisions of regulation 1 of the Municipal Supply Chain Management Regulations:“in the service of the state” means to be – Company Name ……………………………………………………………………………………... initial …………………………………
Page 47 of 84
3.6.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.7 Have you been in the service of the state for the past twelve months? YES/NO
3.7.5 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.8 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
3.8.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.9 Are you, aware of any relationship (family, friend, other) between a 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
3.9.1 If so, furnish particulars
_____________________________________________________________________________________________
_______________________________________________________________
3.10 Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the
state? YES/NO
3.10.1 If so, furnish particulars.
_____________________________________________________________________________________________
_______________________________________________________________
3.15 Is any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in
service of the state? YES/NO3.11.1 If so, furnish particulars.
_____________________________________________________________________________________________
(y) a member of-(i) any municipal Municipality;(ii) any provincial legislature; or(iii) the national Assembly or the national Municipality of provinces;
(z) a member of the board of directors of any municipal entity;(aa) an official of any municipality or municipal entity;(bb) 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);(cc) a member of the accounting authority of any national or provincial public entity; or(dd) an employee of Parliament or a provincial legislature.
Company Name ……………………………………………………………………………………... initial …………………………………
Page 48 of 84
_______________________________________________________________
3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO
3.12.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO
3.13.1 If yes, furnish particulars.
____________________________________________________________________________________________________________________________________________________________
3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract.
YES / NO
3.14.1 If yes, furnish particulars:
______________________________________________________________________________________________________________________________________________________________________
4. Full details of directors / trustees / members / shareholders.
Full Name Identity Number State Employee Number
Company Name ……………………………………………………………………………………... initial …………………………………
Page 49 of 84
………………………………….. ……………………………………..
Signature Date
…………………………………. ………………………………………………………
Capacity Name of Bidder
MBD 6.1
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 claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.
1. GENERAL CONDITIONS1.1 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 (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).
1.2
a) The value of this bid is estimated to exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable; or
b) Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete whichever is not applicable for this tender).
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.
Company Name ……………………………………………………………………………………... initial …………………………………
Page 50 of 84
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);
(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 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis:
80/20 or 90/10
minmin180
PPPtPs
or
minmin190
PPPtPs
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
Company Name ……………………………………………………………………………………... initial …………………………………
Page 51 of 84
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 NO
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 NO
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 peopleBlack people who are youthBlack people who are womenBlack people with disabilities
Company Name ……………………………………………………………………………………... initial …………………………………
Page 52 of 84
Black people living in rural or underdeveloped areas or townshipsCooperative owned by black peopleBlack people who are military veterans
ORAny EMEAny 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:
Company Name ……………………………………………………………………………………... initial …………………………………
Page 53 of 84
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.
Company Name ……………………………………………………………………………………... initial …………………………………
……………………………………….
SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
ADDRESS …………………………………..
…………………………………..
…………………………………..
WITNESSES
1. ……………………………………..
2 …………………………………….
MBD 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are
being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be rejected if that bidder, or any of its directors have:
a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years;c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract
during the past five years; ord. 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, www.treasury.gov.za, 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?
Yes No
54
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) …………..……………………………..…………………………………………………………………
CERTIFIES THAT THE INFORMATIONFURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD
THIS ECLARATION PROVES TO BE FALSE.
…………………………………………………………. ………………………………………………..
Signature Date
………………………………………… …………………………………………………………………………………
Position Name of Bidder
MBD 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
55
1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are
being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be rejected if that bidder, or any of its directors have:
a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years;c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract
during the past five years; ord. 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, www.treasury.gov.za, 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?
Yes No
56
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) …………..……………………………..………………………………………………………………………
CERTIFIES THAT THE INFORMATIONFURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD
THIS ECLARATION PROVES TO BE FALSE.
…………………………………………………………. ………………………………………………..
Signature Date
………………………………………… …………………………………………………………………………………
Position Name of Bidder
MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.
57
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 per se 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 (MBD9) 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 / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
___________________________________________________________________________________________________
_________________________________________________________________________________________
(Bid Number and Description) in response to the invitation for the bid made by:
_____________________________________________________________________________________________58
(Name of Municipality / Municipal Entity)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of_________________________________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of
the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to
determine the terms of, and to sign, the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”
shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder,
who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,
abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line of business as
the bidder
6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication,
agreement or arrangement with any competitor. However communication between partners in a joint venture or
consortium³ will not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication,
agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of the bid; or
(f) bidding with the intention not to win the bid.
59
8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor
regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to
which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to
any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices
related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for
investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No.
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 Bidder
³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
MBD 9
CERTIFICATE OF INDEPENDENT BID 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 per se 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:
60
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 (MBD9) 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 / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
___________________________________________________________________________________________________
_________________________________________________________________________________________
(Bid Number and Description) in response to the invitation for the bid made by:
_____________________________________________________________________________________________
(Name of Municipality / Municipal Entity)
do hereby make the following statements that I certify to be true and complete in every respect:
61
I certify, on behalf of_________________________________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of
the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to
determine the terms of, and to sign, the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”
shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder,
who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their qualifications,
abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line of business as
the bidder
6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication,
agreement or arrangement with any competitor. However communication between partners in a joint venture or
consortium³ will not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication,
agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of the bid; or
(f) bidding with the intention not to win the bid.
62
8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor
regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to
which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to
any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices
related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for
investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No.
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 Bidder
³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise,
property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
A. CERTIFICATE OF AUTHORITY FOR SIGNATORY
1. CERTIFICATE FOR CLOSE CORPORATION
RESOLUTIONTAKEN BY THE BOARD OF DIRECTORS/ MEMBERS/ PARTNERS
RESOLUTION of a meeting of the Board of Directors/Members/ Partners of
_______________________________________________________________________________
(Name of tenderer)
Held at __________________________________________ (place) on _____________________
RESOLVED THAT:
1. The enterprise submits a tender to the City of Matlosana in respect of the following project:
Bid No: ………………………………………………………………………..
2. Mr/Ms/Mrs __________________________________________________________________
In his capacity as ________________________________________ and who will sign as follows:
63
_________________________________________
(Specimen signature)
Be, and is hereby, authorized to sign the tender and any and all other documents and /or correspondence in connection with and relating to the tender, as well as to sign any contract, and or all documentation resulting from the award of the tender to the enterprise mentioned above.
Note: The resolution must be signed by all the directors or members/ partners of the tendering enterprise.
Should the space provided below not be sufficient for all directors to sign, please provide a separate sheet in the same format as below?
No Name Capacity Signature
1
2
3
4
5
6
B CERTIFICATE FOR SOLE PROPRIETOR
I ………………………………………....………………………………………………..hereby confirm that I am a sole owner of the business trading as ……………………………………………………………..............................................
Signature of sole Owner: ……………………............……… Date: ………………………….
As witnesses:
1. ……………………………………………… 2. …………………………………………
C. CERTIFICATE OF AUTHORITY FOR JOINT VENTURE
RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF A CONSORTIUM OR JOINT VENTURE
Resolution of a meeting of the board of Directors/ Members/ Partners of
Name of Tenderer
Held at __________________________ on ______________________________________
RESOLVED THAT:
1. The enterprise submits a tender to City of Matlosana in respect of the following project:Bid No: ………………………………………………………………….
As consortium/ Joint Venture comprising (list all the legally correct full names and Registration numbers if applicable, of the enterprises forming the consortium / Joint venture:
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………................
2. Mr/ Mrs/Ms ____________________________________________________________________In his/her capacity as ___________________________________________________________
64
And who will sign as follows: _________________________________________
Specimen signature
Be, and is hereby, authorized to sign the tender and any and all documents and/or correspondence in connection with and relating to tender, as well as to sign any contract, and or all documentation resulting from the award of the tender to the consortium/ joint venture enterprise mentioned above.
3. The enterprise in the form of a consortium or joint venture accept jointly and several liability with parties under item 1 above for the fulfillment of the obligations of the joint venture deriving from, and in any way connected with contract to be entered into with City of Matlosana in respect of the project described above under item1.
4. The consortium/ Joint venture enterprise chooses as its Domicilium et citandi for all purposes arising from this joint venture agreement and contract with City of Matlosana in respect of the project under item
………………………………………………………………………………………………………………………………………………………………………………………………………………………………...........................................................
Note: The resolution must be signed by all directors or members/ partners of the tendering enterprise. Should the space provided below not be sufficient for all directors to sign, please provide a separate sheet in the same format?
No Name Capacity Signature
1 Lead partner
2
3
4
5
6
D. CERTIFICATE OF AUTHORITY FOR THE COMPANY
Bid No ………………………………………………………….
I, ………………………………………………………………………….. , chairperson of the board of directors of ……………………………………………………………………………….. hereby confirm that by the resolution of the board of Directors taken on ……………………………….. Mr/ Ms …………………………………………. acting in the capacity of ……………………………………………. was authorized to sign the tender and any and all other documents and /or correspondence in connection with and relating to the tender, as well as to sign any contract, and or all documentation resulting from the award of the tender to the enterprise mentioned above .
_________________________________ _____________________ _______________
Name of Authorised person Signature Date
_______________________________ _______________________ ______________
Name Chairperson of board of directors Signature
65
66
SCHEDULE OF RELEVANT WORK CARRIED OUT BY TENDERER
List of recent previous work of a similar nature undertaken by the firm
Description of Project Name of Client Name Name of Responsible Official Telephone No. Value of
Contract
Year Completed
NB: BIDDERS TO SUBMIT APPOINTMENT LETTERS AND COMPLETION CERTIFICATES, INDICATING THE PROJECTS VALUES ISSUED BY EMPLOYERS FOR ALL
COMPLETED PROJECTS LISTED ABOVE.
Name of Authorised Person __________________________________________ Signature ____________________________ Date ________________________________
67
RELEVANT EXPERTISE OF KEY PERSONNEL
Qualifications and experience of key staff to be utilized in this execution of this tender.
Name Responsibility in Team Qualifications Relevant expertise / competencies
Work undertaken in similar / related fields
Name of person Authorised to sign...............................................................................Signature of Authorised person.................................................................. Date: ..............................
The above information must be provided by the tenderer at the time of tendering.
If further space is required, the details can be provided on a separate sheet
68
DETAILS EQUIPMENT AND INFRASTRUCTURE
PLEASE NOTE: TENDERERS MUST COMPLETE THIS SCHEDULE
EQUIPMENT QTY SERIAL NO. COMMENT
Computers
Transportation
Tools of trade
DETAILS OF ESTABLISHED OFFICE/WORKSHOP AND FACILITIES AVAILABLE
69
SCHEDULE OF INFRASTRUCTURE AND RESOURCES
Provide information on the following:
Infrastructure and resources available
Physical facilities
Description YES NO Area (m²)
Office/Workshop available in City of Matlosana with furniture
Other If Yes provide No
Fax No
Telephone line
Physical address and contact number at Office facility:
Street name and no. ................................................................................
Suburb: ......................................................................................................
Town: ........................................................................................................
Province: ....................................................................................................
Name of Municipality: …………………………………………………………..
Name of District: …………………………………………………………………
Contact person: ........................................................................................
Contact number: .......................................................................................
Please Attach certified proof of where the facility is located from the municipality you reside or the landlor
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RECORD OF ADDENDA TO TENDER DOCUMENTS
We confirm that the following communications received from the Employer before the submission of this Tender offer, amending the Tender documents, have been taken into account in this Tender offer:
Date Title or Details
1
2
3
4
5
6
7
8
9
10
Attach additional pages if more space is required.
Signed: …………………………………….…….. Date: ……………………………………
Name: …………………………………………..… Position: ………………………………..
SIGNED ON BEHALF OF TENDERER
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Declaration for Procurement above R10 million(All applicable taxes included)
If the value of the transaction is expected to exceed R10 million (VAT included) the tenderer shall complete the following
questionnaire, attach the necessary documents and sign this schedule:
1. Are you by law required to prepare annual financial statements for auditing? (Please mark with X)
YES NO
1.1 If YES, submit audited annual financial statements:
(i) for the past three years, or
(ii) since the date of establishment of the tenderer (if established during the past three years)
By attaching such audited financial statements.
2. Do you have any outstanding undisputed commitments for municipal services towards the COM or other municipality in
respect of which payment is overdue for more than 30 (thirty) days? (Please mark with X)
YES NO
2.1 If NO, this serves to certify that the tenderer has no undisputed commitments for municipal services towards any
municipality for more than three (3) (three) months in respect of which payment is overdue for more than 30 (thirty) days.
2.2 If YES, provide particulars:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
3. Has any contract been awarded to you by an organ of state during the past five (5) years? (Please mark with X)
YES NO
3.1 If YES, insert particulars in the table below including particulars of any material non-compliance or dispute concerning
the execution of such contract.
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Organ of State Contract Description Contract Period Non-compliance/dispute(if any)
4. Will any portion of the goods or services be sourced from outside the Republic, and if so, what portion and whether any
portion of payment from the COM is expected to be transferred out of the Republic? (Please mark with X)
YES NO
4.1 If YES, furnish particulars below
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
tenderer hereby certifies that the information set out in this schedule and/or attached hereto is true and correct, and
acknowledges that failure to properly and truthfully complete this schedule may result in steps being taken against the
tenderer, the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract
and/or steps in terms of the Policy.
________________________________
Signature __________________________
Date
Print name: ____________________________________
On behalf of the tenderer (duly authorised
NATIONAL TREASURY GENERAL CONDITIONS OF CONTRACT
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GOVERNMENT PROCUREMENT
General Conditions of Contract
TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information inspection
6. Patent Rights
7. Performance security
8. Inspections, tests and analyses
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental Services
14. Spare parts
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
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28. Limitation of Liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. Transfer of contracts
34. Amendments of contracts
1. Definitions
1. The following terms shall be interpreted as indicated:
1.1 “Closing time” means the date and hour specified in the tendering documents for the receipt of tenders.
1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form
signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual
obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in
the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to
market its products internationally.
1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied.
Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially
recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified
site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the goods are so
delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the 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 tenderer, and includes collusive practice among tenderers (prior to or after tender submission)
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designed to establish tender prices at artificial non-competitive levels and to deprive the tenderer 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 tendering 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 tender will be manufactured.
1.17 “Local content” means that portion of the tendering price, which is not included in the imported content provided that local
manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes
other related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in tendering 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 tenderer 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 tenders, contracts and orders including tenders 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 tendering documents.
2.2 Where applicable, special conditions of contract are also laid down to cover specific goods, services or works.
2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.
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3. GENERAL
3.1 Unless otherwise indicated in the tendering documents, the purchaser shall not be liable for any expense incurred in the
preparation and submission of a tender. Where applicable a non-refundable fee for documents may be charged.
3.2 Invitations to tender are usually published in locally distributed news media and on the Municipality /municipal entity website.
4. STANDARDS
4.1 The goods supplied shall conform to the standards mentioned in the tendering documents and specifications.
5. USE OF CONTRACT DOCUMENTS AND INFORMATION INSPECTION
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any
specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any
person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person
shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC
clause 5.1 except for purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be
returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have
them audited by auditors appointed by the purchaser, if so required by the purchaser.
6. PATENT RIGHTS
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design
rights arising from use of the goods or any part thereof by the purchaser.
6.2 When a supplier developed documentation / projects for the municipality / municipal entity, the intellectual, copy and patent rights
or ownership of such documents or projects will vest in the municipality / municipal entity.
7. PERFORMANCE SECURITY
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful tenderer shall furnish to the purchaser the
performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the
supplier’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the
purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad,
acceptable to the purchaser, in the form provided in the tendering documents or another form acceptable to the purchaser; or
(b) a cashier’s or certified cheque
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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. INSPECTION, TESTS AND ANALYSES
8.1 All pre-tendering testing will be for the account of the tenderer.
8.2 If it is a tender condition that goods to be produced or services to be rendered should at any stage be subject to inspections, tests
and analyses, the tenderer or contractor’s premises shall be open, at all reasonable hours, for inspection by a representative of the
purchaser or organization acting on behalf of the purchaser.
8.3 If there are no inspection requirements indicated in the tendering documents and no mention is made in the contract, but during
the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements,
including payment arrangements with the testing authority concerned.
8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to be in accordance with the contract
requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.
8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of
whether such goods or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed
by the supplier.
8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be
rejected.
8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the
requirements of the contract. Such rejected goods shall be held at the cost and risk of the supplier who shall, when called upon,
remove them immediately at his own cost and forthwith substitute them with goods, which do comply with the requirements of the
contract. Failing such removal the rejected goods shall be returned at the suppliers cost and risk. Should the supplier fail to provide
the substitute goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods,
purchase such goods as may be necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of
the conditions thereof, or to act in terms of Clause 22 of GCC.
9. PACKING
9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their
final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during
transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights
shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling
facilities at all points in transit.
9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as
shall be expressly provided for in the contract, including additional requirements, if any, and in any subsequent instructions ordered by
the purchaser.
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10. DELIVERY AND DOCUMENTS
10.1 Delivery of the goods and arrangements for shipping and clearance obligations shall be made by the supplier in accordance with
the terms specified in the contract.
11. INSURANCE
11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to
manufacture or acquisition, transportation, storage and delivery in the manner specified.
12. TRANSPORTATION
12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified.
13. INCIDENTAL SERVICES
13.1 The supplier may be required to provide any or all of the following services, including additional services, if any:
(a) Performance or supervision of on-site assembly and/or commissioning of the supplied goods;
(b) Furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties,
provided that this service shall not relieve the supplier of any warranty obligations under this contract; and
(e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or
repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.
14. SPARE PARTS
14.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining
to spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier
of any warranty obligations under the contract; and
(b) in the event of termination of production of the spare parts:
(i) advance notification to the purchaser of the pending termination, in sufficient time to permit the
purchaser to procure needed requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if
requested.
15. WARRANTY
15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that
they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further
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warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when
the design and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop
under normal use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been
delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from
the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair or replace the
defective goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take
such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the
purchaser may have against the supplier under the contract.
16. PAYMENT
16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfillment of other
obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or
claim by the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated.
17. PRICES
17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices
quoted by the supplier in his tender, with the exception of any price adjustments authorized or in the purchaser’s request for tender
validity extension, as the case may be.
18. VARIATION ORDERS
18.1 In cases where the estimated value of the envisaged changes in purchase does not vary more than 15% of the total value of the
original contract, the contractor may be instructed to deliver the goods or render the services as such. In cases of measurable
quantities, the contractor may be approached to reduce the unit price, and such offers may be accepted provided that there is no
escalation in price.
19. ASSIGNMENT
19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior
written consent.
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20. SUBCONTRACTORS
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if not already specified in the
tender. Such notification, in the original tender or later, shall not relieve the supplier from any liability or obligation under the contract.
21. DELAYS IN THE SUPPLIER`S PERFORMANCE
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed
by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely
delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation
and may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the
extension shall be ratified by the parties by amendment of contract.
21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an
emergency arises, the supplier’s point of supply is not situated at or near the place where the goods are required, or the supplier’s
services are not readily available.
21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the
supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC
Clause 22.2 without the application of penalties.
21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract,
be entitled to purchase goods of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity
with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such
goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the
supplier.
22. PENALTIES
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s)
specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price,
as a penalty, 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 FOR DEFAULT
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may
terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof
granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing
the contract.
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23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such
manner, as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the
purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the
contract to the extent not terminated.
24. ANTIDUMPING AND CONTERVAILING DUTIES AND RIGHTS
24.1 When, after the date of tender, provisional payments are required, or anti-dumping or countervailing duties are imposed, or the
amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import,
the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such
a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such
provisional payment or any such right is reduced, any such favorable difference shall on demand be paid forthwith by the supplier to
the purchaser or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard
to goods or services which he delivered or rendered,
or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him.
25. FORCE MAJEURE
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance
security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations
under the contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause
thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract
as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure
event.
26. TERMINATION FOR INSOLVENCY
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser.
27. SETTLEMENT OF DISPUTES
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising
out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the
purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of
this matter may be commenced unless such notice is given to the other party.
28. LIMITATION OF LIABILITY
28.1 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.
28.2 Notwithstanding any reference to mediation and/or court proceedings herein,
(a) The parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and
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(b) The purchaser shall pay the supplier any monies due the supplier for goods delivered and / or services rendered according to the
prescripts of the contract.
28.3 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or
damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation
of the supplier to pay penalties and/or damages to the purchaser; and
(b) The aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total
contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.
29. GOVERNING LANGUAGE
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by
the parties shall also be written in English.
30. APPLICABLE LAW
30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified.
31. NOTICES
31.1 Every written acceptance of a tender shall be posted to the supplier concerned by registered or certified mail and any other notice
to him shall be posted by ordinary mail to the address furnished in his tender or to the address notified later by him in writing and such
posting shall be deemed to be proper service of such notice
31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be
reckoned from the date of posting of such notice.
32. TAXES AND DUTIES
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the
purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods
to the purchaser.
32.3 No contract shall be concluded with any tenderer whose tax matters are not in order. Prior to the award of a tender SARS must
have certified that the tax matters of the preferred tenderer are in order.
32.4 No contract shall be concluded with any tenderer whose municipal rates and taxes and municipal services charges are in arrears.
33. TRANSFER OF CONTRACTS
33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof without the written permission of the
purchaser
34. AMENDMENT OF CONTRACTS
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34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall also be in writing
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