TENDER DOCUMENT Electrical Material.2024
TENDER DOCUMENT Electrical Material.2024
TENDER DOCUMENT Electrical Material.2024
BIDDER:
BID PRICE:
PREPARED BY:
SUPPLY CHAIN MANAGEMENT OFFICE
KSD MUNICIPALITY
MUNITATA BUILDING
CORNER SUTHERLAND & OWEN STREET
MTHATHA
5099
Tel: [047] 501 4394
Fax: [047] 531 2085
TABLE OF CONTENTS
A. Bid Advert....................................................................................................................................... 6
E. List of Annexure:
MTHATHA
5099
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
B-BBEE STATUS LEVEL
Yes STATUS LEVEL Yes
VERIFICATION CERTIFICATE
SWORN
[TICK APPLICABLE BOX]
No AFFIDAVIT 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
A
FOREIGN BASED
ARE YOU THE ACCREDITED SUPPLIER FOR
REPRESENTATIVE IN SOUTH THE GOODS Yes No
/SERVICE
AFRICA FOR THE GOODS Yes No S
/SERVICES /WORKS OFFERED? /WORKS [IF YES, ANSWER PART
OFFERED
[IF YES ENCLOSE PROOF] ? B:3]
SIGNATURE OF BIDDER
……………………………… DATE
CAPACITY UNDER WHICH THIS BID
IS SIGNED
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
3 DEPARTMENT SCM DEPARTMENT Assets
CONTACT PERSON Mr. N. Zibi CONTACT PERSON Ms A. Vikilahle
TELEPHONE NUMBER 047 501 4118 TELEPHONE NUMBER 047 501 4426
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]
PART B
TERMS 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 ONLINE
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2022, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF
APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
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.
2 Supply, installation and servicing of N/A N/A SCM: Date: Technical Enquiries may be
hygiene equipment for a period of three 030/2024/25 22/01/2025 directed to: Ms M.Ngceba
(03) years, as and when needed. Time: 12H00 (Corporate Services).
Tel: 078 508 8301/ 060 922 733
Email : [email protected]
3 Appointment of a service provider for N/A N/A SCM: Date: Technical Enquiries may
electrical engineering mentor services for 026/2023/24 23/01/2025 be directed to: Mr M.
a period of three (03) years. (Re-advert) Time: 12H00 Shweni (Technical services). Tel:
076 181 6903
Email: [email protected]
4 Panel of three (03) service providers N/A N/A SCM: 065/2022/23 Date: Technical Enquiries may be
for supply and delivery of electrical 23/01/2025 directed to: Ms A. Vikilahle
material for a period of three (03) years Time: 12H00 (BTO). Tel: 047 495 0895
as and when needed (Re-advert) (two Email: [email protected]
additional)
5 Panel of twelve (12) consultants to N/A N/A SCM: 003/2024/25 Date: Technical Enquiries may be
provide professional engineering services 24/01/2025 directed to: Mr A. Ndabeni (PMU).
for KSD Municipality for a period of three Tel: 047 495 1269
(03) years on gravel, bridges and Time: 12H00 Email: [email protected]
surfaced roads with all the associated
works (Re-advert)
Place of Tender box: 1st Floor, Munitata Building, Next to Room 147. All bids must be put in a sealed envelope and
clearly marked with SCM Number and Project Name and be placed in a tender box. Tender documents can be
downloaded free of charge from the National Treasury’s tender portal (http://www.etenders.gov.za/content/advertised-
tenders) and the King Sabata Dalindyebo website (www.ksd.gov.za) as from the 13th of December 2024.
NO HARD COPIES OF THE TENDER DOCUMENT ARE AVAILABLE FOR SALE, ONLY THE ELECTRONIC
VERSION WHICH IS TO BE DOWNLOADED AS PER THE ABOVE WEBSITES IS TO BE USED.
BIDDERS MUST TAKE NOTE OF THE FOLLOWING BID CONDITIONS:
a) Failure to submit comprehensive JV agreement (where applicable), failure to do so will result in a tender deemed
non-responsive.
b) Individual partners of JV are to comply and submit all relevant documents. Failure to do so will result in a tender
deemed non-responsive.
c) Failure to complete properly and/ or in full tender forms, MBD 1 to MBD 9 and Annexures A to F will result in a
tender deemed non-responsive.
d) Failure to submit or complete supplementary information will result in the tender being null, void and non-
responsive.
e) Bidders must submit latest municipal rates statement (not older than three months) showing that municipal rates
are not in arrears for periods in excess of three months, bidder who operate on leased properties are to submit a
valid lease agreement and lastly bidders residing on areas not subjected to Municipal rates are to submit a
confirmation from the Municipality’s Finance Department confirming that such a bidder is not liable for municipal
rates.
f) The Council reserves the right to disqualify any service provider whose members and or shareholders owe
municipal rates & taxes.
g) The KSD Municipality does not bind itself to accept the lowest or any bid and reserves the right to accept the
whole or part of the bid or to withdraw the bid.
h) All certified copies submitted with a tender document must not be older than six months, failure to do so will result
tender deemed non-responsive.
i) All alterations in prices/quotes must be signed for and failure to sign will result in tender deemed non-responsive
j) Use of tipex is prohibited and the bidder will be deemed non-responsive.
k) Bid document must be filled in black pen and are not to be typed in.
l) The bidder to submit Audited financial statements for the past three financial years for any offer amounting to or
exceeding R10 million inclusive of VAT.
m) Bidders must sign MBD 5 for any offer amounting or exceeding R10 million.
n) Bids submitted will hold good for a period of 90 days.
o) Further mandatory bid condition for the bid on the table below is local production and content:
Project name SCM No. Threshold %
p) Locally Manufactured Product will be considered with a prescribed minimum threshold for local production and
content
q) If Raw material or input material is not available in the country bidders must obtain a written authorisation from DTI
to import such raw material.
r) A Copy of a written Declaration on Local Content and letter must be submitted together with the bid at the closing
time and date of bid, failing to do will invalidate your bid.
s) Failure to complete annexure C and MBD 6.2 will lead to disqualification
t) Failure to be registered on Central Supplier Database registration will result in a tender being disqualified.
u) Bids that are late, incomplete, unsigned, or submitted by fax, mail or electronically including copy of a tender
document, will not be accepted.
v) All bids must be put in a sealed envelope and clearly marked with SCM Number and Project Name and be placed
in a tender box; failure to do so the document will not be considered.
w) In terms of the Preferential Procurement Policy Framework ACT 2022 (PPPFA) Points will be evaluated based on
the following criteria.
x) Stage 1 Compliance.
y) Stage 2 Functionality (with a minimum threshold of 70 points out of 100 points to be attained by bidder in order to
be evaluated further on the next stage).
z) Stage 3 Price and Specific goals (whose 80 points will be for price and 20 points for specific goals).
aa) All queries must be in a form of email, and there will be no queries that will be entertained 5 days before the
closing date.
The tender will be evaluated and adjudicated on the basis of the Preferential Procurement Policy Framework
Act, and the regulations pertaining thereto (2022 Regulations), as well as the King Sabata Dalindyebo Municipality’s
Supply Chain Management policy. The 80/20 preference point system will be used as per the KSDLM SCM policy.
SCM related enquiries may be directed to the SCM Unit at [email protected] / 047 495 1127.
___________________
N. Pakade (Mr)
Municipal Manager
B. SUPPLY CHAIN MANAGEMENT POLICY PREREQUISITES
The King Sabata Dalindyebo Municipality has identified a general set of prerequisites for
procurement. Bids will not be considered should the prerequisites not be met.
Introduction
This Section covers a general set of prerequisites that have been identified for supply chain
management by the King Sabata Dalindyebo Municipality. All Bidders must submit the information
requested below. Pro-forma data sheets can be found in the Annexure. Bidders will not be
considered should the prerequisites not be met.
Criteria
a) Proof of company registration and/or any other form of legal standing must be submitted
by all bidders and the company composition form must be completed. See Annexure
“D”.
b) The Declaration of Interest form must be completed.
c) The bid document must be completed in all respects in black ink.
d) Bids must be submitted on original bid documents.
e) Bid documents must remain intact and no portion may be detached.
Joint Ventures
f) A joint venture that is awarded a contract with King Sabata Dalindyebo Municipality must
be registered as a separate company with the Registrar of Businesses.
g) The joint venture must be registered with South African Revenue Services.
h) A separate bank account must be in place for the joint venture.
i) A joint venture must submit a joint venture B-BBEE Verification Certificate (if accredited)
Clauses (g) and (h) will only be applicable after the awarding of the contract to the successful
bidder.
C. GENERAL CONDITIONS OF BID
1. INTERPRETATION
The word “Bidder” in these conditions shall mean and include any firm of Contractors or any
company or body incorporated or unincorporated.
The word “Municipality” in these conditions shall mean the King Sabata Dalindyebo Municipality.
2. EXTENT OF BID
PANEL OF THREE (03) SERVICE PROVIDERS FOR THE SUPPLY AND DELIVERY OF
ELECTRICAL MATERIAL FOR A PERIOD OF THREE (03) YEARS AS AND WHEN
NEEDED (RE-ADVERT) (TWO ADDITIONAL).
3. CONTRACT TO BE BINDING
The formal acceptance of this Bid by the Municipality will constitute a contract binding on both
parties, and the Municipality may require sureties to its satisfaction from the contractor, for the due
fulfilment of this contract.
4. MODE OF BID
All Bids shall be completed and signed: All forms, annexures, addendums and specifications shall
be signed and returned with the Bid document as a whole. The lowest or any Bid will not
necessarily be accepted.
The Municipality wishes to deal on a prime contractual basis with the successful Bidder being
responsible and accountable for all aspects of the entire solution or service offered.
5. QUALITY
Should the specifications and / or descriptions not address any aspects of quality as specified, this
should be clarified with the Municipality prior to the submission of a Bid.
The Council and Municipality shall not be liable in any manner in respect of any claims, damages,
accidents and injuries to persons, property or rights or any other courses of civil or criminal action
that may arise from the carrying out of this contract.
The contractor shall insure his / her / their personnel and any plant, machinery or other mechanical
or electronic equipment involved in the fulfilment of this contract and shall indemnify the Council and
the Municipality against all risks or claims which may arise.
It will be required from the successful Bidder to submit proof of insurance or any other valid form of
indemnification to Council for scrutiny. Failure to do so within 14 (fourteen) days of acceptance of
this Bid will be deemed to be a material breach of this contract and will render the contract null and
void.
7. SIGNING OF DOCUMENTS
Bidders are required to return the complete set of documents duly signed.
8. PERIOD OF VALIDITY FOR BIDS AND WITHDRAWAL OF BID AFTER CLOSING DATE
All Bids must remain valid for a period of 90 (ninety) days from the closing date as stipulated in the
Bid document.
8.1 PENALTY PROVISION
Should the successful Bidder:
Then, the Bidder will be held responsible for and is obligated to pay to the Municipality:
[a] All expenses incurred by the Municipality to advertise for or invite and deliberate upon new
Bids, should this be necessary.
[b] The difference between the original accepted Bid price (inclusive of escalation) and:
[i] A less favourable (for the Municipality) Bid price (inclusive of escalation) accepted
as an alternative by the Municipality from the Bids originally submitted; or
[ii] A new Bid price (inclusive of escalation).
In calculating the cost of the supply and delivery of services and / or material, the supplier will issue
a “Tax Invoice” for all services rendered and / or materials supplied, which will reflect the exclusive
cost of such services, goods or materials with the relevant Value Added Tax being added to the
total.
VAT must be included in the Bid price, but must be shown separately.
No claim in respect of any price escalation will be considered by the Municipality unless it is
specifically stated in the Pricing Annexure that the Bid is subject to price escalation. When
escalation is claimed for during the contract period, proof of such escalation must be furnished and
the calculation itself must be submitted to corroborate such proof. Escalation will only be calculated
on the official index figures supplied by the Department of Statistics or the Price Controller, which
ever may be applicable. All orders placed will be based on the current Bid prices. It is the
responsibility of the Bidder to inform Council of any escalation prior to implementation of the
escalated price. Failure to do so will negate any such claims to Council.
In the case of a Bid being submitted on behalf of a company, close corporation or partnership,
evidence must be submitted to the Municipality at the time of submission of the Bid that the Bid has
been signed by persons properly authorised thereto by resolution of the directors or under the
articles of the entity.
It is envisaged that the successful Bidder will be appointed within 90 days from the closing date and
will be required to begin work on the assignment immediately upon appointment.
The duration will be linked to that of an existing service provider of electrical material.
Delivery periods, where indicated must be adhered to. Notwithstanding the termination date of the
assignment the bidder will be required to submit progress reports to the Municipality. The contract
form, frequency and dates thereof will be stipulated and agreed upon by the parties upon the
awarding of the Bid.
14. CLOSING DATE / SUBMITTING OF BIDS
Completed bid documents are to be placed in a sealed envelope endorsed “SCM NO: 065/2022/23,
PANEL OF THREE (03) SERVICE PROVIDERS FOR THE SUPPLY AND DELIVERY OF
ELECTRICAL MATERIAL FOR A PERIOD OF THREE (03) YEARS AS AND WHEN
NEEDED (RE-ADVERT)(TWO ADDITIONAL).
Must be deposited in the Bid Box, at the offices of the King Sabata Dalindyebo Municipality,
Munitata Building Corner Sutherland & Owen Street, Mthatha 5099, not later than 12h00
on THURSDAY, 23 JANUARY 2025, at which time the bids will be opened in public.
Bids which are not submitted in a properly sealed and marked envelope and/or deposited in
the relevant bid box on or before the closing date and time will not be considered. Faxed or
e-mailed Bids will not be considered.
Please refer all SCM enquiries to Mr. N. Zibi via e-mail on [email protected]. All Project enquiries
to Ms A. Vikilahle via e-mail on [email protected]
GENERAL CONDITIONS OF CONTRACT
1. Definitions
1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.
1.2 “Contract” means the written agreement entered into between the purchaser and the provider, 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 provider 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 any thing of the 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.
1.8 “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
provider bearing all risks and charges involved until the supplies 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 provider and not involving the
provider’s fault or negligence and not foreseeable. Such events may include, but is not restricted
to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions and freight embargoes.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the provider is
required to supply to the purchaser under the contract.
1.16 “Imported content” means that portion of the bidding price represented by the cost of
components, parts or materials which have been or are still to be imported (whether by the provider
or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other
direct importation costs such as land costs, dock dues, import duty, sales duty or other similar tax
or duty at the South African place of entry as well as transportation and handling charges to the
factory in the Republic where the supplies covered by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not included in the imported
content provided that local manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using labour, materials, components
and machinery and includes other related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of
a service.
1.20 “Project site,” where applicable, means the place indicated in bidding documents.
1.24 “Services” means those functional services ancillaries 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 provider covered under the contract.
1.25 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing.
2. Application
2.1 These general conditions are applicable to all bids, contracts and orders including bids for
functional and professional services (excluding professional services related to the building and
construction industry), sales, hiring, letting and the granting or acquiring of rights, but excluding
immovable property, unless otherwise in the bidding documents.
2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies,
services or works.
2.3 Where such special conditions of contract are in conflict with these general conditions, the special
conditions shall apply.
3. General
3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any
expense incurred in the preparation and submission of a bid. Where applicable a non-refundable
fee for documents may be charged.
3.2 Invitations to bid are usually published in locally distributed news media and in the institution’s
website.
4. Standards
4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and
specifications.
5.1 The provider 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 provider in the performance of the contract. Disclosure to any such employed person shall
be made in confidence and shall extend only as far as may be necessary for purposes of such
performance.
5.2 The provider 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 provider’s
performance under the contract if so required by the purchaser.
5.4 The provider shall permit the purchaser to inspect the provider’s records relating to the
performance of the provider and to have them audited by auditors appointed by the purchaser, if so
required by the purchaser.
6. Patent rights
6.1 The provider shall indemnify the purchaser against all third-party claims of infringement of patent,
trademark, or industrial design rights arising from use of goods or any part thereof by the
purchaser.
6.2 When a provider developed documentation/projects for the municipality or municipal entity, the
intellectual, copy and patent rights or ownership or such documents or projects will vest in the
municipality or municipal entity.
7. Performance security
7.1 Within thirty (30) days of receipt of the notification of contract award, the success bidder shall
furnish to the purchaser the performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for
any loss resulting from the provider’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the contract, or in a freely
convertible currency acceptable to the purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in
the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in
the bidding documents or another form acceptable to the purchaser; or
(b) a cashier’s or certified cheque.
7.4 The performance security will be discharged by the purchaser and returned to the provider not later
than thirty (30) days following the date of completion of the provider’s performance obligations
under the contract, including any warranty obligations, unless otherwise specified.
8.1 All pre-bidding testing will be for the account of the bidder.
8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage
during production or execution or on completion be subject to inspection, the premises of the
bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the
purchaser or an organization acting on behalf of the purchaser.
8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made
in the contract, but during the contract period it is decided that inspections shall be carried out, the
purchaser shall itself make the necessary arrangements, including payment arrangements with the
testing authority concerned.
8.4 If the inspections, tests and analyses referred to in clause 8.2 & 8.3 show the supplies 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 supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract
requirements, irrespective of whether such supplies or services are accepted or not, the cost in
connection with these inspections, tests or analyses shall be defrayed by the provider.
8.6 Supplies 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 supplies 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 supplies shall
be held at the cost and risk of the provider who shall, when called upon, remove them immediately
at his own cost and forthwith substitute them with supplies which do not comply with the
requirements of the contract. Failing such removal the rejected supplies shall be returned at the
providers cost and risk. Should the provider fail to provide the substitute supplies forthwith, the
purchaser may, without giving the provider further opportunity to substitute the rejected supplies,
purchase such supplies as may be necessary at the expense of the provider.
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 23 of GCC.
9. Packaging
9.1 The provider shall provide such packaging of the goods as is required to prevent their damage or
deterioration during transit to their final destination, as indicated in the contract. The packaging
shall be sufficient to withstand, without limitation, rough handling during transit and exposure to
extreme temperatures, salt and precipitation during transit, and open storage. Packaging, case size
and weights shall take into consideration, where appropriate, the remoteness of the good’s final
destination and the absence of heavy handling facilities at all points in transit.
9.2 The packaging, marking and documentation within and outside the packages shall comply strictly
with such special requirements as shall be expressly provided for in the contract, including
additional requirements, if any, and in any subsequent instructions ordered by the purchaser.
10.1 Delivery of the goods and arrangements for shipping and clearance obligations shall be made by
the provider 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.
13.1 The provider may be required to provide any or all of the following services, including additional
services, if any:
13.2 Prices charged by the provider 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 provider for similar services.
14. Spare parts
14.1 As specified, the provider may be required to provide any or all of the following materials,
notifications, and information pertaining to spare parts manufactured or distributed by the provider:
(a) such spare parts as the purchaser may elect to purchase from the provider, provided that
this election shall not relieve the provider 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 provider 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 provider further warrants that all goods
supplied under this contract shall have no defect, arising from design, materials, or workmanship
(except when the design and/or material is required by the purchaser’s specifications) or from any
act or omission of the provider, 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 provider in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the provider 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 provider, 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 provider’s risk
and expense and without prejudice to any other rights which the purchaser may have against the
provider under the contract.
16. Payment
16.1 The method and conditions of payment to be made to the provider under this contract shall be
specified
16.2 The provider shall furnish the purchaser with an invoice accompanied by a copy of the delivery note
and upon fulfilment of other obligations stipulated in the contract.
16.3 Payments 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 provider.
16.4 Payment will be made in Rand unless otherwise stipulated.
17. Prices
17.1 Prices charged by the provider for goods delivered and services performed under the contract shall
not vary from the prices quoted by the provider in his bid, with the exception of any price
adjustments authorized or in the purchaser’s request for bid validity extension, as the case may be.
18.1 In cases where the estimated value of the envisaged changes in purchase does not exceed 15% of
the total value of the original contract, the contractor may be instructed to deliver the revised
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.
19.1 No variation in or modification of the terms of the contract shall be made except by written
amendment signed by the parties concerned.
20. Assignment
20.1 The provider shall not assign, in whole or in part, its obligations to perform under the contract,
except with the purchaser’s prior written consent.
21. Subcontracts
21.1 The provider shall notify the purchaser in writing of all subcontracts awarded under this contract if
not already specified in the bid. Such notification, in the original bid or later, shall not relieve the
provider from any liability or obligation under the contract.
22.1 Delivery of the goods and performance of services shall be made by the provider in accordance
with the time schedule prescribed by the purchaser in the contract.
22.2 If at any time during performance of the contract, the provider or its subcontractor(s) should
encounter conditions impeding timely delivery of the goods and performance of services, the
provider 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 provider’s notice, the purchaser shall
evaluate the situation and may at his discretion extend the provider’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.
22.3 The right is reserved to procure outside of the contract small quantities or to have minor essential
services executed if any emergency arises, the provider’s point of supply is not situated at or near
the place where the supplies are required, or the provider’s services are not readily available.
22.4 Except as provided under GCC Clause 25, a delay by the provider in the performance of its
delivery obligations shall render the provider liable to the imposition of penalties, pursuant to GCC
Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the
application of penalties.
22.5 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall,
without canceling the contract, be entitled to purchase supplies 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 provider’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 provider.
23. Penalties
23.1 Subject to GCC Clause 25, if the provider 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 good 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.
24.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of
default sent to the provider, may terminate this contract in whole or in part:
(a) if the provider 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 provider fails to perform any other obligation(s) under the contract; or
(c) if the provider, in the judgement of the purchaser, has engaged in corrupt or fraudulent
practices in competing for or in executing the contract.
24.2 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 provider shall be liable to the purchaser for any excess costs for such
similar goods, works or services. However, the provider shall continue performance of the contract
to the extent not terminated.
25.1 When, after the date of bid, 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 favourable difference shall on demand be paid forthwith by the provider to the purchaser or
the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the
provider in regard to supplies 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.
26.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the provider shall not be liable for
forteiture 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.
26.2 If a force majeure situation arises, the provider shall promptly notify the purchaser in writing of such
condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the provider
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.
27.1 The purchaser may at any time terminate the contract by giving written notice to the provider if the
provider becomes bankrupt or otherwise insolvent. In this event, termination will be without
compensation to the provider, 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,
28.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the provider
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.
28.2 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 provider 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.
28.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South
African court of law.
(a) the parties shall continue to perform their respective obligations under the contract unless
they otherwise agree; and
(b) the purchaser shall pay the provider any monies due to the provider for goods delivered
and / or services rendered according to the prescripts of the contract.
29.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement
pursuant to Clause 6;
(a) the provider 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 provider to
pay penalties and / or damages to the purchaser; and
(b) the aggregate liability of the provider 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.
30. Governing Language
30.1 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.
31.1 The contract shall be interpreted in accordance with South African laws, unless otherwise
specified.
32. Notices
32.1 Every written acceptance of a bid shall be posted to the provider concerned by registered or
certified mail and any other notice to him shall be posted by ordinary mail to the address furnished
in his bid or to the address notified later by him in writing and such posting shall be deemed to be
proper service of such notice.
32.2 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.
33.1 A foreign provider shall be entirely responsible for all taxes, stamp duties, license fees, and other
such levies imposed outside the purchaser’s country.
33.2 A local provider shall be entirely responsible for all taxes, duties, license fees, etc., incurred until
delivery of the contracted goods to the purchaser.
33.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the
award of a bid SARS must have certified that the tax matters of the preferred bidder are in order.
34.1 The contractor shall not abandon, transfer, assign or sublet a contract or part thereof without the
written permission of the purchaser.
35.1 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.
D. SPECIFICATION & EVALUATION CRITERIA
BACKGROUND INFORMATION
Stores section is required to supply KSD electricity department with electrical materials as
and when required to do so. Services providers are appointed through Supply Chain
Management and successful bidder is required to supply and deliver electrical materials at
KSD main store.
The objective is to provide KSD electricity department with electrical materials that are in
good quality and in good condition.
The outputs supply of electrical materials that are manufactured in accordance with SANS
780:2019.
DELIVERABLES
TIME FRAMES
The Service Provider that tenders must be aware that electrical materials will be
procured as the need arise.
Successful bidder must supply electrical materials to KSD Municipality as and when
required and deliver at the Main Stores Warehouse for a period of three years Electrical
materials should be delivered within 30 days upon receipt of official purchase order.
SPECIAL CONDITIONS
If the item supplied by the bidder is not found satisfactory or not conforming to the
specification, KSD municipality reserves the right at its discretion and without any claim for
compensation to the contractor, either cancel the order altogether or modify the quantity
ordered.
Prices shall remain fixed and valid during the period of contract.
Late/delayed tenders received at KSD municipality due to any reason whatsoever will not
be accepted under any circumstances.
KSD municipality reserves the right to disqualify such bidders who have a record
of not meeting contractual obligations against earlier contract entered with KSD
municipality
Only locally manufactured product will be considered with a prescribed minimum
threshold for local production and content.
Minimum threshold for electrical cables is 90%.
If raw material or input material is not available in the country, bidders must obtain a
written authorisation from DTI to import such material.
A copy of written authorisation letter must be submitted together with the bid before the
closing date of the bid, failing to do so will invalidate your bid,
CRITERIA FOR EVALUATION OF PROPOSALS
PRE-QUALIFICATION REQUIREMENTS
FUNCTIONALITY ASSESSMENT – POINTS SCORING
Functionality Category & Description Points
Allocation
Experience Total = 40
(Attach proof of Appointment & reference letters to be
provided in order to claim points. It should be noted that 40
no points will be awarded if any reference/confirmation
does not have an appointment letter or appointment
letter does not have a reference relating to it) (A full set
of appointment letters and reference letters for each
project is required to claim points and no partial
award of points will be allocated for partial
submissions).
Expertise Total = 40
Bidders to supply proof of a relevant funding
source from below.
Manufacturer = 40
or
Account with Manufacturer = 30
or
Intension to fund from a Financial Institutions = 20
Methodology Total = 20
Bidder shall attach a delivery plan with sufficient 20
detail which will clearly indicates how the
delivery of required electrical material shall be
executed with associated costs and timelines.
Bidders should take note of the above Pre-qualification criteria.
[a] All the necessary documentation must be submitted for the
Evaluation Panel to make an informed evaluation. Evaluation of the
Technical (Quality) Requirements will be based on the information
provided by the bidder.
[b] Bids that do not meet a minimum of 70 out of 100 in total for the
criteria listed above will not be considered further.
Table 1: Specific goals for the tender and points claimed are indicated per the
table below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system
is applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.)
Local SMMES 10
Youth 10
Price 80
N/B
Points be awarded to a bidder upon submitting proof of attainment
of specific goals.
1 Full CSD Report
2 Annexure D (Company Information)
BILL OF QUANTITIES
PRICING SCHEDULE
It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have
been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations.
1 In order to meet this requirement bidders are required to complete in full the attached form TCC 001
“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax
Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit
bids.
2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one)
year from the date of approval.
3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original
and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax
Clearance Certificate will not be acceptable.
4 In bids where Consortia / Joint Ventures / Sub-contractors are involved; each party must submit a separate
Tax Clearance Certificate.
5 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS
branch office nationally or on the website www.sars.gov.za.
6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,
taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.
MBD 3.1
PRICING SCHEDULE – FIRM PRICES (PURCHASES)
NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL
NOT BE CONSIDERED
IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR
EACH DELIVERY POINT
__________________________________________________________________________
- At: ………………………………….
…………………………………
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levie
MBD 4
DECLARATION OF INTEREST
2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an
offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting
bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is
required that the bidder or their authorised representative declare their position in relation to the
evaluating/adjudicating authority.
3 In order to give effect to the above, the following questionnaire must be completed and submitted with
the bid.
3.7 The names of all directors / trustees / shareholders members, their individual identity
numbers and state employee numbers must be indicated in paragraph 4 below.
……………………………………………………………………………………………..
² Shareholder” means a person who owns shares in the company and is actively involved in the management of the
company or business and exercises control over the company.
3.9 Have you been in the service of the state for the past twelve months? ………YES / NO
…………………………………………………………………………………………….
3.10 Do you have any relationship (family, friend, other) with persons
in the service of the state and who may be involved with
the evaluation and or adjudication of this bid? ………………………………… YES / NO
………………………………….. ……………………………………..
Signature Date
…………………………………. ………………………………………
Capacity Name of Bidder
MBD 5
DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (ALL APPLICABLE TAXES INCLUDED)
For all procurement expected to exceed R10 million (all applicable taxes included), bidders must
complete the following questionnaire:
2.1 If no, this serves to certify that the bidder has no undisputed
commitments for municipal services towards any municipality
for more than three months or other service provider in
respect of which payment is overdue for more than 30 days.
41
CERTIFICATION
………………………………….. ……………………………………..
Signature Date
………………………................. …………………………………….
Position Name of Bidder
MBD 6.1
This preference form must form part of all tenders invited. It contains general information and serves as a claim
form for preference points for specific goals.
NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL CONDITIONS,
DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE TENDER AND
PREFERENTIAL PROCUREMENT REGULATIONS, 2022
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of
up to R50 000 000 (all applicable taxes included); and
- the 90/10 system for requirements with a Rand value
above R50 000 000 (all applicable taxes included).
The applicable preference point system for this tender is the 80/20 preference point
system.
Either the 80/20 preference point system will be applicable in this tender. The lowest/
highest acceptable tender will be used to determine the accurate system once
tenders are received.
1.3 Points for this tender (even in the case of a tender for income-generating
contracts) shall be awarded for:
(a) Price; and
(b) Specific Goals.
1.4 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
POINTS
PRICE 80
SPECIFIC GOALS
Local SMMEs 10
Youth 10
Total points for Price and SPECIFIC GOALS 100
NB. Points be awarded to a bidder upon submitting proof of attainment of specific goals
1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this
tender to claim points for specific goals with the tender, will be interpreted to mean that preference points
for specific goals are not claimed.
1.6 The organ of state reserves the right to require of a tenderer, either before a tender is adjudicated or at any
time subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ
of state.
2. DEFINITIONS
“tender” means a written offer in the form determined by an organ of state in response to an invitation to
provide goods or services through price quotations, competitive tendering process or any other method
envisaged in legislation;
(a) “price” means an amount of money tendered for goods or services, and includes
all applicable taxes less all unconditional discounts;
(b) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
“tender for income-generating contracts” means a written offer in the form determined by an
organ of state in response to an invitation for the origination of income-generating contracts
through any method envisaged in legislation that will result in a legal agreement between the
organ of state and a third party that produces revenue for the organ of state, and includes, but
is not limited to, leasing and disposal of assets and concession contracts, excluding direct sales
and disposal of assets through public auctions; and
(c) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of
2000).
80/20 or 90/10
or
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender
80/20 or 90/10
or 33
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender
Local SMME’s 10
Youth 10
Price 80
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that the points
claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for the
preference(s) shown and I acknowledge that:
……………………………………….
SIGNATURE(S) OF TENDERER(S)
This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general
information and serves as a declaration form for local content (local production and local content are
used interchangeably).
Before completing this declaration, bidders must study the General Conditions, Definitions,
Directives applicable in respect of Local Content as prescribed in the Preferential Procurement
Regulations, 2011 and the South African Bureau of Standards (SABS) approved technical
specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of Local
Content together with the Local Content Declaration Templates [Annex C (Local Content
Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex
C) and E (Local Content Declaration: Supporting Schedule to Annex C)].
1. General Conditions
1.1. Preferential Procurement Regulations, 2011 (Regulation 9) makes provision for the promotion of
local production and content.
1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of bids
local production and content is of critical importance, such bids must be advertised with the
specific bidding condition that only locally produced goods, services or works or locally
manufactured goods, with a stipulated minimum threshold for local production and content will
be considered.
1.3. Where necessary, for bids referred to in paragraph 1.2 above, a two-stage bidding process may
be followed, where the first stage involves a minimum threshold for local production and content
and the second stage price and B-BBEE.
1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a
manner that the local production and content of the overall value of the contract is reduced to
below the stipulated minimum threshold.
1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in
accordance with the SABS approved technical specification number SATS 1286: 2011 as
follows:
LC = [1- x / y] *100
Where
x is the imported content in Rand
y is the bid price in Rand excluding value added tax (VAT)
Prices referred to in the determination of x must be converted to Rand (ZAR) by using the
exchange rate published by the South African Reserve Bank (SARB) at 12:00 on the date of
advertisement of the bid as required in paragraph 4.1 below.
(a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary
Schedule) are not submitted as part of the bid documentation; and
(b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E)
have been audited and certified as correct.
2. Definitions
2.1. “bid” includes written price quotations, advertised competitive bids or proposals;
2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);
2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;
2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the
Department of Trade and Industry in line with national development and industrial policies for
local production, where only locally produced services, works or goods or locally manufactured
goods meet the stipulated minimum threshold for local production and content;
2.5. “duly sign”means a Declaration Certificate for Local Content that has been signed by the Chief
Financial Officer or other legally responsible person nominated in writing by the Chief Executive,
or senior member / person with management responsibility(close corporation, partnership or
individual).
2.6. “imported content” means that portion of the bid price represented by the cost of components,
parts or materials which have been or are still to be imported (whether by the supplier or its
subcontractors) and which costs are inclusive of the costs abroad (this includes labour and
intellectual property costs), plus freight and other direct importation costs, such as landing costs,
dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;
2.7. “local content” means that portion of the bid price which is not included in the imported
content, provided that local manufacture does take place;
2.8. “stipulated minimum threshold” means that portion of local production and content as
determined by the Department of Trade and Industry; and
2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or
employing another person to support such primary contractor in the execution of part of a project
in terms of the contract.
3. The stipulated minimum threshold(s) for local production and content (refer to Annex A of
SATS 1286:2011) for this bid is/are as follows:
Description of services, works or goods Stipulated minimum threshold
_______________________________ _______%
_______________________________ _______%
_______________________________ _______%
YES NO
4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed
in paragraph 1.5 of the general conditions must be the rate(s) published by the SARB for the
specific currency at 12:00 on the date of advertisement of the bid.
Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to
Annex A of SATS 1286:2011):
NB: Bidders must submit proof of the SARB rate (s) of exchange used.
5. Were the Local Content Declaration Templates (Annex C, D and E) audited and certified as
correct?
(Tick applicable box)
YES NO
(Documentary proof regarding the declaration will, when required, be submitted to the
satisfaction of the Accounting Officer / Accounting Authority)
6. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum
threshold for local content the dti must be informed accordingly in order for the dti to verify and in
consultation with the Accounting Officer / Accounting Authority provide directives in this regard.
LOCAL CONTENT DECLARATION
(REFER TO ANNEX B OF SATS 1286:2011)
NB
(a) The facts contained herein are within my own personal knowledge.
(c)The local content percentages (%) indicated below has been calculated
using the formula given in clause 3 of SATS 1286:2011, the rates of
exchange indicated in paragraph 4.1 above and the information contained
in Declaration D and E which has been consolidated in Declaration C;
If the bid is for more than one product, the local content percentages
for each product contained in Declaration C shall be used instead of
the table above. The local content percentages for each product has
been calculated using the formula given in clause 3 of SATS
1286:2011, the rates of exchange indicated in paragraph 4.1 above and
the information contained in Declaration D and E.
SIGNATURE: DATE:
___________
SATS 1286.2011
ANNEX C
Tender List Tender Exempted Tender Imported Local Local Tender Total Total Total
Item of price – imported value net value value content Qty tender exempted Imported
no’s items each value of % (per value imported Content
(excl. exempted item) content
VAT) imported
content
(C8) (C9) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)
Date__________________________
52
MBD 7.1
CONTRACT FORM - PURCHASE OF GOODS/WORKS
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE
PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL
BIDDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR
THEIR RESPECTIVE RECORDS.
1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding
documents to (name of institution) King Sabata Dalindyebo Municipality in accordance with the
requirements and specifications stipulated in bid number 065/2022-23 at the price/s quoted. My offer/s
remains binding upon me and open for acceptance by the purchaser during the validity period indicated and
calculated from the closing time of bid.
2. The following documents shall be deemed to form and be read and construed as part of this agreement:
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s)
quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s)
cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be
at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving
on me under this agreement as the principal liable for the due fulfilment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding
this or any other bid.
3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of
the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note.
MINIMUM
THRESHOLD FOR
PRICE (ALL B-BBEE STATUS
ITEM DELIVERY LOCAL
APPLICABLE BRAND LEVEL OF
NO. PERIOD PRODUCTION AND
TAXES INCLUDED) CONTRIBUTION
CONTENT (if
applicable)
SIGNED AT ………………………………………ON………………………………..
SIGNATURE …………………………………….
OFFICIAL STAMP
WITNESSES
1. ……………………….
2. ……………………….
DATE ……………………….
MBD 8
1 This Municipal Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when
goods and services are being procured, all reasonable steps are taken to combat the abuse of the
supply chain management system.
3 The bid of any bidder may be rejected if that bidder, or any of its directors have:
a. abused the municipality’s / municipal entity’s supply chain management system or committed any
improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years;
c. willfully neglected, reneged on or failed to comply with any government, municipal or other public
sector contract during the past five years; or
d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No 12 of 2004).
4 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
55
4.5 Was any contract between the bidder and the municipality / municipal entity or any Yes No
other organ of state terminated during the past five years on account of failure to
perform on or comply with the contract?
4.7.1 If so, furnish particulars:
CERTIFICATION
………………………………………... …………………………..
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.
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 pe 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:
b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain
management system of the municipality or municipal entity or has committed any improper conduct
in relation to such system; and
c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during
the bidding process or the execution of the contract.
4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids
are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed
and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly
conspire to raise prices or lower the quality of goods and / 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.
MBD 9
________________________________________________________________________
(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:
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
MBD 9
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.
6. 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.
7. 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.
8. 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.
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.
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
ANNEXURE A.1
PAST EXPERIENCE WITH OTHER INSTITUTIONS
Bidders must furnish hereunder details of similar work/service, which they have satisfactorily completed in the past.
The information shall include a description of the Work, the Contract value, name of Employer and Employer’s contact
details.
DURATION AND
EMPLOYER
EMPLOYER NATURE OF WORK VALUE OF WORK COMPLETION
CONTACT NO.
DATE
…………………………….. ......................................…….....
DATE SIGNATURE OF BIDDER
ANNEXURE A.2
PAST EXPERIENCE WITH KING SABATA DALINDYEBO MUNICIPALITY
Bidders must furnish hereunder details of similar work/service, which they have satisfactorily completed in the past.
The information shall include a description of the Work and the Contract value.
…………………………….. ......................................…….....
DATE SIGNATURE OF BIDDER
ANNEXURE B
COMPANY DETAILS
The following company details schedule must be completed to ensure that the prerequisite requirements to bidding
are met. Also attach the copy of the company registration certificate in order to qualify for bidding.
.......................................................................................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
ANNEXURE C
JOINT VENTURE DISCLOSURE FORM
GENERAL
i) All the information requested must be filled in the spaces provided. If additional space is required, additional
sheets may be used and attached to the original documents.
ii) A copy of the joint venture agreement must be attached to this form, in order to demonstrate the Affirmable,
Joint Venture Partner’s share in the ownership, control, management responsibilities, risks and profits of the
joint venture, the proposed joint venture agreement must include specific details relating to:
iii) Copies of all written agreements between partners concerning the contract must be attached to this form
including those, which relate to ownership options and to restrictions/limits regarding ownership and control.
v) The joint venture must be formalised. All pages of the joint venture agreement must be signed by all the
parties concerned. A letter/ notice of intention to formalise a joint venture once the contract has been
awarded will not be considered.
vi) Should any of the above not be complied with, the joint venture will be deemed null and void and will be
considered non-responsive.
vii) A joint venture that is awarded a contract with KING SABATA DALINDYEBO MUNICIPALITY must be
registered as a separate company with the Registrar of Businesses.
viii) The joint venture must be registered with South African Revenue Services.
ix) A separate bank account must be in place for the joint venture.
a) Name ................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
c) Physical address ..............................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
d) Telephone ........................................................................................................................................
e) Fax ...................................................................................................................................................
Telephone ..........................................................................................................................
Fax .....................................................................................................................................
Contact person for matters pertaining to Joint Venture Participation Goal requirements:
.........................................................................................................................................................
Telephone ..........................................................................................................................
Fax .....................................................................................................................................
Contact person for matters pertaining to Joint Venture Participation Goal requirements:
.........................................................................................................................................................
(Continue as required for further non-Affirmable Joint Venture Partners)
3. IDENTITY OF EACH AFFIRMABLE JOINT VENTURE PARTNER
Telephone ..........................................................................................................................
Fax .....................................................................................................................................
Contact person for matters pertaining to Joint Venture Participation Goal requirements:
.........................................................................................................................................................
Telephone ..........................................................................................................................
Fax .....................................................................................................................................
Contact person for matters pertaining to Joint Venture Participation Goal requirements:
.........................................................................................................................................................
Telephone ..........................................................................................................................
Fax .....................................................................................................................................
Contact person for matters pertaining to Joint Venture Participation Goal requirements:
.........................................................................................................................................................
4. BRIEF DESCRIPTION OF THE ROLES OF THE AFFIRMABLE JOINT VENTURE PARTNERS IN THE
JOINT VENTURE
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
............................................................................................….................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
6. RECENT CONTRACTS EXECUTED BY PARTNERS IN THEIR OWN RIGHT AS PRIME CONTRACTORS
OR AS PARTNERS IN OTHER JOINT VENTURES
(Identify by name and firm those individuals who are, or will be, responsible for, and have authority to engage
in the relevant management functions and policy and decision making, indicating any limitations in their
authority e.g. co-signature requirements and Rand limits).
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
(f) Negotiating and signing labour agreements
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
(c) Estimating
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
(b) What authority does each partner have to commit or obligate the other to financial institutions,
insurance companies, suppliers, subcontractors and/or other parties participating in the execution of
the contemplated works?
......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
(c) Describe the management structure for the Joint Venture’s work under the contract
MANAGEMENT FUNCTION /
NAME PARTNER*
DESIGNATION
(Fill in “ex Affirmable Joint Venture Partner” or “ex non-Affirmable Joint Venture Partner”.
10. PERSONNEL
(a) State the approximate number of operative personnel (by trade/function/discipline) needed to
perform the Joint Venture work under the Contract.
(b) Number of operative personnel to be employed on the Contract who are currently in the employ of
partners.
............................................................................................
............................................................................................
(c) Number of operative personnel who are not currently in the employ of the respective partner and
will be engaged on the project by the Joint Venture
.......................................................................................................
(d) Name of individual(s) who will be responsible for hiring Joint Venture employees
......................................................................................................
.......................................................................................................
(e) Name of partner who will be responsible for the preparation of Joint Venture payrolls
.......................................................................................................
......................................................................................................
Briefly describe the manner in which the Joint Venture is structured and controlled.
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
The undersigned warrants that he/she is duly authorised to sign this Joint Venture Disclosure Form and affirms that
the foregoing statements are true and correct and include all material information necessary to identify and explain the
terms and operations of the Joint Venture and the intended participation of each partner in the undertaking.
The undersigned further covenants and agrees to provide the Employer with complete and accurate information
regarding actual Joint Venture work and the payment therefore, and any proposed changes in any provisions of the
Joint Venture agreement, and to permit the audit and examination of the books, records and files of the Joint Venture,
or those of each partner relevant to the Joint Venture, by duly authorised representatives of the Employer.
Signature ........................................................................................................................................................
Name ..............................................................................................................................................................
Address ..........................................................................................................................................................
Telephone ......................................................................................................................................................
Date ................................................................................................................................................................
Signature ........................................................................................................................................................
Name ..............................................................................................................................................................
Address ..........................................................................................................................................................
Telephone ......................................................................................................................................................
Date ................................................................................................................................................................
Signature ........................................................................................................................................................
Name ..............................................................................................................................................................
Address ..........................................................................................................................................................
Telephone ......................................................................................................................................................
Date ................................................................................................................................................................
Signature ........................................................................................................................................................
Name .........................................................................................................................................................
Address
Telephone ......................................................................................................................................................
Date .........................................................................................................................................................
(Continue as necessary)
ANNEXURE D
COMPANY COMPOSITION
GENERAL
All information must be filled in spaces provided. If additional space is required, additional sheets may be attached.
The onus is on the bidder to fill in all the information. Failure to do so will result in points being lost under equity. The
full company composition is required including HDI and Non-HDI status. The ownership must accumulate to 100%.
HISTORICALLY
VOTING %
% OWNED
DATE OF
IDENTITY DISADVANTAGE DISABILIT FEMAL
NAME CITIZENSHIP OWNERSHI
NUMBER D INDIVIDUALS Y E
P
STATUS (Y/N)
ANNEXURE E
DECLARATION OF INTERESTS (KINSHIP, RELATIONSHIP WITH PERSONS EMPLOYED BY KING SABATA
DALINDYEBO MUNICIPALITY)
In terms of the Municipal Supply Chain Management Regulations, no person or persons employed by the State may
be awarded a bid by any municipality.
Any legal person, or persons having a kinship with persons employed by the KING SABATA DALINDYEBO
MUNICIPALITY including a blood relationship, may make an offer in terms of this bid invitation. In view of possible
allegations of favouritism, should the resulting bid or part thereof be awarded to persons connected with or related to
an employee of KING SABATA DALINDYEBO MUNICIPALITY, it is required that the bidder or his/her authorized
representative declare his position vis-à-vis the evaluating authority and/or take an oath declaring his/her interest,
where–
- the legal person on who’s behalf the bid document is signed, has a relationship with persons/a person who
are/is involved with the evaluation of the bid(s), or where it is known that such a relationship exists between
the person or persons for or on who’s behalf the declarer acts and persons who are involved with the
evaluation of the bid.
In order to give effect to the above, the following questionnaire shall be completed and submitted with the bid.
Do you, or any person have any relationship (family, friend, other) with a person employed with the KING SABATA
DALINDYEBO MUNICIPALITY or its King Sabata Dalindyebo Municipality administration and who may be involved
with the evaluation, preparation and/or adjudication of this bid?
Yes/No
If so, state particulars
Are you or any other person connected with the bid, employed by any organ of State?
Yes/No
If so, state particulars
……………………………………………………………………………………………………………………………..
SIGNATURE OF DECLARER DATE
……………………………………………………………………………………………………………………………..
POSITION OF DECLARER NAME OF COMPANY OF
BIDDER
Should the bidder have, in the opinion of the KING SABATA DALINDYEBO MUNICIPALITY, acted fraudulently
illegally, in bad faith or in any improper manner, misrepresented itself with regard to the bid, then the KING SABATA
DALINDYEBO MUNICIPALITY may, in its sole discretion:
Should the bidder disregard this or conduct affairs in a way that transgresses from good business practices, this could
seriously impair future business relations between the KING SABATA DALINDYEBO MUNICIPALITY and such
bidder.
ANNEXURE G
BID CHECK LIST
All King Sabata Dalindyebo Municipality bid documents will have the typical bid check list as an attachment. This list is
to assist all bidders to submit complete bids.
Bidders are to check the following points before the submission of their bid:
1. All pages of the bid document have been read by the bidder.
4. Totals from each sub section of the Schedule of Quantities have been carried forward to the summary page.
5. The total from the summary page has been carried forward to the Bid Form.
8. The bidder has submitted the correct documentation, e.g. original and current certificates in terms of SARS
and Levies, etc.
9. The bid document is submitted before 12h00 on the due date at the designated bid box of King Sabata
Dalindyebo Municipality.
KING SABATA DALINDYEBO LOCAL MUNICIPALITY
031 308 4664
SMS 33490.
KSD ANTI-FRAUD CORRUPTION HOTLINE
INFORMATION BROCHURE ON THE ANTI-FRAUD & CORRUPTION HOTLINE
1. INTRODUCTION
The KSDLM hotline is designed for the reporting of allegations of corruption in the municipality. The hotline number
is open 24 hours a day and seven days a week on message option. Callers may choose to remain anonymous.
8. The Prevention and Combating of Corruption Activities Act (12 of 2004) define the following general
offences of corruption in terms of Chapter 2(3):
If a person acts, personally or by influencing another person so to act, in a manner: that amounts to the illegal,
dishonest, unauthorized, incomplete, or biased: or
a) misuse or selling of information or material acquired during the exercise, conducting or performance of any powers,
duties or functions arising out of a constitutional, statutory, contractual or policy or any other legal obligation.
b) that amounts to the abuse of a position of authority; a breach of trust; or the violation of a legal duty or a set
of rules.
c) designed to achieve an unjust result; or
d) that amounts to any other unauthorized or improper inducement to do or not to do anything, is guilty of the offence
of corruption.
e) Specific offences include offences in respect of corrupt activities relating to:
(i) municipal officers; municipal agents; members of the council; witnesses; contracts; procuring and withdrawal
of tenders; auctions; and sporting events.
(ii) receiving or offering unauthorized gratification by, or to be party to, an employment relationship.
(iii) the acquisition of private interests in a contract, agreement, or investment of a KSDLM; and
(iv) unacceptable conduct relating to witnesses.