SBM: 07/24/25

Munisipale Kantoor Municipal Offices

Privaatsak X12 Private Bag X12
VREDENBURG, 7380 VREDENBURG, 7380
Tel. No.(022) 701-7113 Tel. No.(022) 701-7113
Faks No.(022) 715-1304 Fax No.(022) 715-1304

TENDER DOCUMENT
TENDER NUMBER SBM 07/24/25
TENDER DESCRIPTION SUPPLY AND DELIVERY OF COMPUTER
HARDWARE FOR SALDANHA BAY
MUNICIPALITY FOR A PERIOD ENDING 30
JUNE 2025.
NAME OF TENDERER

BUSINESS ADDRESS

TELEPHONE NUMBER

CSD NUMBER

SUBMISSION DETAILS:

TENDER BOX, GROUND FLOOR, INVESTMENT CENTRE, 15 MAIN ROAD,

ADDRESS
VREDENBURG
CLOSING DATE 22 NOVEMBER 2024 CLOSING TIME 12H00

The document, fully completed in all respects, together with any returnable and additional,
supporting documentation required, must be submitted in a sealed envelope with the name
and address of the tenderer, the project number and description and the closing date and
time indicated on the envelope. The sealed envelopes must be inserted into the appropriate
official tender box before the closing date and time.

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All bids must be submitted on the official bid documents issued by SBM for this bid and not
be re-typed.

Do not dismember this Tender Document (do not take it apart or put documents between its
pages) and all other documents of the submission must be attached to this Tender Document.

ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:

Department: Supply Chain Management

Contact Person: Rosaire Farmer

Tel: 022 701 6945

Email: [Link]@[Link]

ANY ENQUIRIES REGARDING TECHNICAL INFORMATION / SPECIFICATIONS

MAY BE DIRECTED TO:

Contact Person: Garret van Schalkwyk

Tel: 022 701 7045

Email: [Link]@[Link]

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INSTRUCTION: HANDLING OF TENDER DOCUMENT

Tenders must be properly received and deposited in the above-mentioned tender box on or before
the closing date and before the closing time. No late tender offers will be accepted under any
circumstances. Tender offers must be submitted in a sealed envelope properly marked in terms
of the tender number and tender description as indicated above. If the tender offer is too large to
fit into the abovementioned box, please enquire at the public counter opposite the tender boxes
for assistance. No tender offers will be accepted via facsimile, email or electronic copies.

All bids must be submitted on the official bid documents issued by SBM for this bid and not be re-
typed.

Do not dismember this Tender Document (do not take it apart or put documents between its
pages) and all other documents of the submission must be attached to this Tender Document.

Tenders generated from e-Tender:

E-TENDER DECLARATION

It is compulsory to confirm “Yes” or “No” on all line items Yes/No

The original document collected from the Municipality must be submitted

or, if documents are printed from the e-tender website, the original, printed
document must be submitted, clearly reflecting all writing and signatures in
black ink. Copied documents where the writing and signatures is unclear
and/or copied will render the tender non-responsive.

Print the tender document with a quality printer. If the wording is unclear,
the document will be discarded.
Printed documents must be bind securely according to page numbers to
prevent pages getting lost. Missing pages will render the tender non-
responsive. Do not staple the pages together.
The Price Schedule and All Annexures with compulsory attachments must
be bind to the back of the document.
No alterations of the document will be accepted. Any alterations will
disqualify the tender.
Print the Tender document on both sides to save paper and for
standardisation.

It is compulsory to comply and sign below if the tenderer agrees to the requirements
above

I accept and approve all of the above.

_______________________
SIGNATURE OF TENDERER

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CHECKLIST

Please ensure that you have included all the documents listed below and submit it with your tender
document as well as ensure that you adhere to the listed requirements. This well ensure that
your tender is not deemed to be non-responsive and disqualified.

PLEASE TICK BOX ON THE LEFT √

Identity Documents of all those with equity ownership in the organization. In the case of
a company please include only those ID documents of the Directors with equity ownership.

Company registration forms.

Certified copy of director/s municipal account/s.

Registration with professional body (If applicable).

Samples Provided (If applicable).

All relevant sections complete and signed and all pages of tender document initialled by
authorized signatory.

Proof attached that signatory is duly authorized to enter into contractual agreement with
Saldanha Bay Municipality on behalf of the organization.

Original or Originally Certified copy of a valid SANAS approved B-BBEE certificate or a valid
B-BBEE affidavit.

Proof for claiming points for locality as required in MBD 6.1.

Tax-compliant status on CSD.

DECLARATION

I declare that all relevant documentations have been included with the bid document and all the
tender conditions have been adhered to.

Name: ___________________________ Signature: _________________________

Capacity: _________________________

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CONTENTS

CONTENTS ............................................................................................................................................. 5

PART A: INVITATION AND GENERAL INSTRUCTION............................................................................... 6

1. ADVERTISEMENT ......................................................................................................................... 6

2. INSTRUCTION TO TENDERER: ...................................................................................................... 7

PART B: COMPULSORY RETURNABLE DOCUMENTS (SCM RELATED) .................................................. 14

3. MBD 1: INVITATION TO TENDER ............................................................................................... 14

4. MBD 4: DECLARATION OF INTEREST ......................................................................................... 16

5. MBD 6.1 (PRERENCE POINTS CLAIM FORM) ............................................................................. 19

6. MBD 8: BIDDER’S PAST PRACTICES ........................................................................................... 25

7. MBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION ................................................ 28

8. CENTRAL SUPPLIER DATABASE (CSD) ........................................................................................ 31

PART C: CONDITIONS OF CONTRACT ................................................................................................... 32

9. GENERAL CONDITIONS OF CONTRACT (GCC OF 2010) ............................................................. 32

10. SPECIAL CONDITIONS OF CONTRACT ........................................................................................ 46

11. AUTHORITY TO SIGN BID ........................................................................................................... 47

12. CONTRACT FORM: PURCHASE OF GOODS/WORKS/SERVICES (MBD7) .................................... 54

PART D: SPECIFICATIONS ..................................................................................................................... 56

13. SPECIFICATIONS: ....................................................................................................................... 56

14. PRICING SCHEDULE: .................................................................................................................. 59

15. PRICE ADJUSTMENTS ................................................................................................................ 61

16. OMISSIONS, ALTERATIONS AND ADDITIONS ............................................................................ 62

17. SCHEDULE OF VARIATIONS FROM SPECIAL CONDITIONS OF CONTRACT ................................. 63

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PART A: INVITATION AND GENERAL INSTRUCTION

1. ADVERTISEMENT
SALDANHABAAI MUNISIPALITEIT SALDANHA BAY MUNICIPALITY

TENDER NOMMER: SBM 07/24/25 TENDER NUMBER: SBM 07/24/25

TENDER BESKRYWING: VOORSIENING EN AFLEWERING VAN TENDER DESCRIPTION: SUPPLY AND DELIVERY OF COMPUTER
REKENAAR HARDEWARE VIR SALDANHABAAI HARDWARE FOR SALDANHA BAY MUNICIPALITY FOR A PERIOD
MUNISIPALITEIT VIR ‘N PERIODE WAT EINDIG 30 JUNIE ENDING 30 JUNE 2025.
2025.
Tender documents can be downloaded from the e-Tender publication
Tender dokumente is beskikbaar om afgelaai te word op die e-Tender portal at [Link] or alternatively can be collected from Mrs.
publikasie webtuiste [Link] of kan alternatiewelik verkry Rosaire Farmer, 15 Main Road, Investment Centre, Vredenburg from
word by Mev. Rosaire Farmer, Hoofstraat 15, Beleggingsentrum, Monday, 04 November 2024.
Vredenburg vanaf Maandag, 04 November 2024.
If tenders are collected, a non-refundable tender deposit of
Indien tenders verkry word, moet ‘n nie-terugbetaalbare tender R 278.00 is payable to Saldanha Bay Municipality. A proof of
deposito van R278.00 betaal word aan Saldanhabaai deposit is required for the collection of tender documents.
Munisipaliteit. ‘n Bewys van betaling moet aangebied word vir
die verkryging van tender dokumente. Enquiries: Garrett van Schalkwyk

Navrae: Garrett van Schalkwyk Email: [Link]@[Link]

E-pos: [Link]@[Link] Tenders must be placed in the tender box at the Investment Centre,
Ground Floor, 15 Main Road, Vredenburg, before 12H00 on Friday, 22
Tenders moet in die tenderbus by die Beleggingsentrum, Hoofstraat 15, November 2024, in a sealed envelope upon the outside whereon is
Vredenburg ingedien word voor 12H00 op Vrydag, 22 November clearly marked the above-mentioned tender number and description.
2024 en moet in 'n geseëlde koevert wees waarop daar aan die
buitekant duidelik gemerk is die bovermelde tender nommer en The tenders shall be opened in the public after the closing hour. Any or
beskrywing. the lowest tender will not necessarily be accepted.

Na die sluitingsuur sal die tenders in die publiek oopgemaak word. Enige The 80/20 preference point system as contained in the Preferential
of die laagste tender sal nie noodwendig aanvaar word nie. Procurement Policy, R7/5-24, of 23 May 2024 will be used in the
adjudication of this tender.
Die 80/20 voorkeur-puntestelsel soos vervat in die Voorkeur Verkrygings
Beleid, R7/5-24, van 23 Mei 2024 sal in die beoordeling van hierdie A valid tax clearance certificate, from the South African Revenue Services,
tender gebruik word. must be supplied with the tender document, and the tenderer must be
tax-compliant on the Central Supplier Database (CSD).
‘n Geldige inkomstebelasting uitklaringsertifikaat, soos uitgereik deur die
Suid-Afrikaanse Inkomstediens, moet tesame met die tender dokument
ingehandig word, en die tenderaar moet voldoen aan die
belastingvoorwaardes op die Sentrale Verskaffers Databasis (CSD). Mr. H.F. Mettler
MUNICIPAL MANAGER
Mnr. H.F. Mettler Saldanha Bay Municipality
MUNISIPALE BESTUURDER Private Bag X 12
Saldanhabaai Munisipaliteit VREDENBURG
Privaatsak X12
7380
VREDENBURG
7380

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2. INSTRUCTION TO TENDERER:

2.1 General and Special Conditions of Contract

The General Conditions of Contract (GCC) as well as Special Conditions of Contract (SCC)
forming part of this set of tender documents will be applicable to this tender in addition to
the conditions of tender. Where the GCC and SCC are in conflict with one another, the
stipulations of the SCC will prevail.

2.2 Acceptance or Rejection of a Tender

The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise
or to reject any tender or to accept a part of it. The Municipality does not bind itself to
accepting the lowest tender or the tender scoring the highest points.

2.3 Validity Period

Bids shall remain valid and binding for a minimum of 90 days after the tender closure date
and the validity extend automatically till the contract is signed if validity goes beyond the
number of days indicated. The reason for this is to ensure that the tender is valid till appeals
were considered, if received.

2.4 Cost of Tender Documents

Tender documents can be downloaded from the eTender publication portal at

[Link] or alternatively can be collected at a non-refundable tender deposit
rate payable to Saldanha Bay Municipality. Payment for tender documents must be made by
a crossed cheque, cash or payment into Saldanha Bay Municipality’s bank account payable to
the Saldanha Bay Municipality. These costs are non-refundable. No unauthorised alteration of
this set of tender documents will be allowed. Any unauthorised alteration will disqualify the
tender automatically.

2.5 Registration on Accredited Supplier Database

It is expected of all prospective service providers who are not yet registered on the Central
Supplier Database, to register online. In the event that a tenderer is not yet registered, it is
requested that the online registration proceeds with the Central Supplier Database. The
Municipality reserves the right not to award tenders to prospective suppliers who are not
registered on the Central Supplier Database.

2.6 Completion of Tender Documents

a) The original tender document must be completed fully in black ink and signed by the
authorised signatory to validate the tender. All the pages must be initialed by the
authorised signatory and returned.

b) Tender documents may not be retyped.

c) The complete original tender document must be returned. Missing pages will result in the
disqualification of the tender.

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d) No unauthorized alteration of this set of tender documents will be allowed. Any

unauthorized alteration will disqualify the tender automatically. Any ambiguity has to be
cleared with the contact person for the tender before the tender closure.

e) Tenders must be completed in indelible ink and NO CORRECTION FLUID may be used in
the Tender Document. If corrections must be made, a line must be drawn through the
correction and it must be initialed.

f) The bidder must verify regularly on E-tender and our website whether there are any
addendums before submission and addendums must be submitted with the tender
document.

g) If a document is electronically completed, NO ALTERATIONS OR AMENDMENTS may be

made to the content of the tender document. ALTERATIONS OR AMENDMENTS to the
tender document will result in disqualification. Also note that the contract will be
terminated in a case where it is detected after contract signing that the tender
document was altered or amended. It thus remains the responsibility of the tenderer to
ensure that the same document as was issued is submitted.

2.7 Compulsory Documentation

2.7.1 Income Tax Clearance Certificate

A valid Income Tax Clearance Certificate must accompany the bid documents unless the
bidder is registered on the Central Supplier Database and are Tax compliant. If the South
African Revenue Services (SARS) cannot provide a valid Income Tax Clearance Certificate,
the bidder must submit a letter from SARS on an original SARS letterhead that their tax
matters are in order or their tax pin.

2.7.2 Construction Industry Development Board (CIDB)

When applicable, a copy of the bidder’s registration and grading certificate with the CIDB
must be included with the tender.

2.7.3 Municipal Rates, Taxes and Charges

Business account: See MBD 6.1 and call office if any clarification is required (important for
claiming preference points).

Director’s accounts:

a) A copy of the bidder’s municipal account for the month preceding the tender closure date
must accompany the tender documents.

b) Any bidder which is or whose directors are in arrears with their municipal rates and taxes
or municipal charges due to any Municipality or any of its entities for more than three
months and have not made an arrangement for settlement of same before the bid closure
date will be disqualified.

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2.8 Authorized Signatory

a) A copy of the recorded Resolution taken by the Board of Directors, members, partners or
trustees authorizing the representative to submit this bid on the bidder’s behalf must be
attached to the Bid Document on submission of same.

b) A bid shall be eligible for consideration only if it bears the signature of the bidder or of
some person duly and lawfully authorized to sign it for and on behalf of the bidder.

2.9 Site / Information Meetings

Site or information meetings, if specified, are compulsory. Bids will not be accepted from
bidders who have not attended the site or information meeting on the specified date.

2.10 Samples

Samples, if requested, are to be provided to the Municipality with the tender document and
are not returnable.

2.11 Quantities of Specific Items

If tenders are called for a specific number of items, Council reserves the right to change the
number of such items to be higher or lower. The successful bidder will then be given an
opportunity to evaluate the new scenario and inform the Municipality if it is acceptable. If the
successful bidder does not accept the new scenario, it will be offered to the second placed
bidder. The process will be continued to the Municipality’s satisfaction.

2.12 Submission of Tender

a) The tender must be placed in a sealed envelope, or envelopes when the two-envelope
system is specified, clearly marked with the tender number, title as well as closing date
and time and be - placed in the tender box at the Ground Floor in the Investment
Centre, 15 Main Road, Vredenburg by not later than 12H00 on the specified
closing date.

b) Faxed, e-mailed and late tenders will not be accepted. Tenders may be delivered by hand,
by courier, or posted at the bidder’s risk and must be received by the deadline specified
above, irrespective of how they are sent or delivered.

2.13 Expenses Incurred in Preparation of Tender

The Municipality shall not be liable for any expenses incurred in the preparation and
submission of the tender.

2.14 Contact with Municipality after Tender Closure Date

a) Bidders shall not contact the Saldanha Bay Municipality on any matter relating to their bid
from the time of the opening of the bid to the time the contract is awarded.

b) If a bidder wishes to bring additional information to the notice of the Saldanha Bay
Municipality, it should do so in writing to the Saldanha Bay Municipality.

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c) Any effort by the firm to influence the Saldanha Bay Municipality in the bid evaluation, bid
comparison or contract award decisions may result in the rejection of the bid.

2.15 Opening, Recording and Publications of Tenders Received

a) Tenders will be opened on the closing date immediately after the closing time specified in
the tender documents. If requested by any bidder present, the names of the bidders, and
if practical, the total amount of each bid and of any alternative bids will be read out aloud.

b) Details of tenders received in time will be published on the Municipality’s website as well
as recorded in a register which is open to public inspection.

2.16 Evaluation of Tenders

Tenders will be evaluated in terms of their responsiveness to the tender specifications and
requirements as well as such additional criteria as set out in this set of tender documents.

2.17 Supply Chain Management Policy and Regulations

Bids will be awarded in accordance with the PREFERENTIAL PROCUREMENT POLICY adopted
by Council on R7/5-24, of 23 May 2024, as well as the Municipality’s Supply Chain
Management Policy.

a) B-BBEE
• Original or originally certified B-BBEE certificate or Affidavit.

b) Locality
i) Where the tenderer is the owner of the property:
ii) The municipal account must be registered in the trading name of owner of the
property, for example:
• Partnership (Lead company according to agreement).
• Joint Venture (Lead company according to agreements and where daily
operations are done).
• Close Corporation (name of the CC).
• Public Company “Limited or Ltd” (name of the company).
• Private company / Proprietary company / (Pty) Ltd (name of the company).
• Non-Profit Company “NPC” (name of the company).
• State Owned Company “SOC” (name of the SOC).
• In the case of a One-person business / sole propriety the account must either be
in the trading name or in the owner’s name.

• In the case of a Private Company (Pty) Ltd. (small businesses’) which trades
from the residential address of the Director, the municipal account can be in the
name of the Director if he/she is the owner of the residential property. This is
applicable in cases where the company has only 1 Director. If more than 1
Director, the other directors must also reside at the same address and such
proof must be submitted in the form of an Affidavit.

c) Where the tenderer is not the owner of the property:

i) Sole propriety (residential):

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• If the municipal account is not registered in the name of the Sole Propriety, a
valid Lease Agreement to be submitted.

o OR

• If no valid Lease Agreement exist, an affidavit from the owner of the property
must be submitted.

• The owner of the property must confirm the following:

✓ That the sole propriety is conducting business from the said address as
indicated in the bid documents.

✓ What are the conditions/agreement for conducting business from premises.

✓ For example: Declares that no written lease agreement exists, a verbal lease
agreement exist, sole supplier does not have any obligation to contribute to
any payment of municipal accounts; sole propriety not liable for any rent
payments, etc.

✓ The ID numbers of both the owner of property and the sole propriety must
reflect on the affidavit.

NB: A Detailed affidavit must be submitted. Not the affidavit that only
indicates the following “I don’t own any buildings and therefore does not
have any municipal accounts”.

Note: Affidavits valid for a period of 3 months

• Close Corporation, Public Company, Personal Liability Company, (Pty) Limited, Non-
Profit Company, State Owned Companies - A valid Lease Agreement must be
submitted:

✓ If a valid Lease Agreement does not exist, an affidavit from the owner of the
property must be submitted.

✓ The owner of the property must confirm the following:

✓ That the tenderer/supplier is conducting business from the said address as

indicated in the bid documents.

✓ What are the conditions/agreement for conducting business from premises.

✓ For example: Declares that no written lease agreement exists, a verbal lease
agreement exist, sole supplier does not have any obligation to contribute to
any payment of municipal accounts; Sole supplier not liable for any rent
payments, etc.

✓ The ID numbers of both the owner of property, the Director (Authorised to

represent the entity or sign documents on behalf of entity) and/or the
supplier company registration number must reflect on the affidavit.

✓ If the property is in the name of a Trust, an affidavit must be obtained from

the Trustee(s).

✓ NB: A Detailed affidavit must be submitted. Not the affidavit that only
indicates the following “I don’t own any buildings and therefore does not
have any municipal accounts”.

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d) Sub-Leasing vs Apartments (block of buildings) owned by one (1) person / director which
also operates more than 1 business from the same premises:
i) If any Sub Leasing exist, a valid Sub Lease agreement must be submitted.
ii) In instances where a director owns an apartment (block of buildings) and runs more
than one business from it, this block is registered in the name of a trust or one (1)
of the business’s he owns. When a tenderer submits a bid, is not the one (1) owning
the business, the same information as per [Link] above must be submitted.

Note: The residential or business address of the tenderer or sole propriety is tested,
therefore the postal address on the municipal account cannot be used to claim
points for locality. Please ensure that the residential address on the municipal
account agrees to the address as recorded in the compulsory documents to be
completed and / attachments and / CSD / CIPC, if necessary.

A SCORE OF 0 (ZERO) WILL BE ALLOCATED IF COMPULSORY DOCUMENTS ARE

NOT DULY COMPLETED AND SIGNED AND / IF INSUFFICIENT PROOF
SUBMITTED AT THE CLOSING TIME AND DATE.

2.18 Contract

The successful bidder will be expected to sign the agreement of this bid document within 7
(seven) days of the date of notification by the Saldanha Bay Municipality that his/her bid has
been accepted. The signing of the relevant sections of this bid document signifies
the conclusion of the contract. The Municipality, at its discretion, may request the
signing of an additional Service Level Agreement which, together with the signed
tender document, will constitute the full agreement between the Municipality and
the successful bidder.

2.19 Language of Contract

The contract documents will be compiled in English and the English versions of all referred
documents will be taken as applicable.

2.20 Stamp and Other Duties

The successful bidder will be liable for all duties and costs on legal documents resulting in the
establishment of a contract and for the surety and retentions.

2.21 Wrong Information Furnished

Where a contract has been awarded on the strength of the information furnished by the
bidder which, after the conclusion of the relevant agreement, is proved to have been
incorrect, the Municipality may, in addition to any other legal remedy it may have, recover
from the contractor all costs, losses or damages incurred or sustained by the Municipality as
a result of the award of the contract.

2.22 Enquiries

Enquiries in connection with this tender, prior to the tender closure date, regarding the Supply
Chain Management related aspects, may be addressed to Rosaire Farmer, Tel: 022 701 6945
or e-mail [Link]@[Link].

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Enquiries regarding the specifications may be addressed Garrett van Schalkwyk, Tel: 022 701
7045 or email at [Link]@[Link].

2.23 Submission of Invoices:

Where the value of an intended contract will exceed R 1 000 000.00 (R1 million) it is
the bidder’s responsibility to be registered with the South African Revenue Services
for VAT purposes in order to be able to issue tax invoices.

The successful bidder(s) to ensure compliance with Section 20(4) of the Value Added
Tax (VAT) Act, 89 of 1991.

In terms of Section 20(4) of the Act, the TAX INVOICE(S) received from registered Vat
vendors MUST bear the following information:

• The words “TAX INVOICE” in a prominent place;

• Name, address and VAT registration number of the supplier;
• The name and address: Saldanha Bay Municipality, Private Bag X12, Vredenburg,
7380;
• The Saldanha Bay Municipality VAT registration number: 41001113150;
• Unique VAT invoice number and date of issue;
• Accurate description of goods and/or services;
• Quantity or volume of goods or services supplied; and
• Price and VAT amount and percentage (%).
Failure to comply with abovementioned will result in payments not been made
timeously.

Also take note that Saldanha Bay Municipality will not be liable for any late payments
as a result of invalid Tax Invoice submitted by suppliers

I hereby declare compliance with Section 20(4) of the Value Added Tax (VAT) Act, 89 of
1991 and that I am duly authorised to sign on behalf of the company

_________________________ ____________________________

PRINT NAME SIGNATURE

____________________

DATE

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PART B: COMPULSORY RETURNABLE DOCUMENTS (SCM RELATED)

3. MBD 1: INVITATION TO TENDER

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF SALDANHA BAY

MUNICIPALITY
SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS OF
BUSINESS
STREET ADDRESS OF
BUSINESS
TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION
NUMBER
TAX COMPLIANCE TCS PIN OR CSD No
STATUS
B-BBEE STATUS Yes No CONTRIBUTOR
LEVEL
FACTOR
VERIFICATION
CERTIFICATE OR (1 – 10)
SWORN AFFIDAVIT
[TICK APPLICABLE BOX]
DOCUMENTS REQUIRED AS PRESCRIBED TO CLAIM PREFERENCE POINTS. IF
DOCUMENTS ARE NOT PROVIDED AS REQUESTED 0 POINTS WILL BE ALLOCATED.

ORIGINAL OR ORIGINAL CERTIFIED B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE ISSUED BY

A SANAS ACCREDITED AGENCYOR EME OR QSE SWORN AFFIDAVIT OR A CERTIFIED COPY THEREOF
MUNICIPAL ACCOUNT OR LEASE AGREEMENT IN THE NAME OF THE BUSINESS OR AN AFFIDAVIT
FROM THE OWNER OF THE PROPERTY WHERE OF BUSINESS
ARE YOU THE YES OR NO ARE YOU A YES OR NO
ACCREDITED FOREIGN BASED
REPRESENTATIVE (Provide SUPPLIERS FOR THE (If yes, answer 3)
IN SOUTH AFRICA proof) GOODS / SERVICES /
FOR THE GOODS / WORKS OFFERED?
SERVICES / WORKS
OFFERED?
R
CRS no TOTAL BID PRICE (Brought forward)

SIGNATURE OF BIDDER DATE

CAPACITY UNDER WHICH THIS BID IS SIGNED

BIDDING PROCEDURE ENQUIRIES MAY BE TECHNICAL INFORMATION MAY BE

DIRECTED TO: DIRECTED TO:
DEPARTMENT Finance DEPARTMENT ED&SS
CONTACT PERSON Rosaire Farmer CONTACT Garrett van Schalkwyk
PERSON
TELEPHONE NUMBER 022 701 6945 TELEPHONE 022 701 7045
NUMBER
E-MAIL ADDRESS [Link]@[Link] E-MAIL [Link]@[Link]
ADDRESS

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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 80/20 PREFERENCE POINT SYSTEM AS CONTAINED IN THE
PREFERENTIAL PROCUREMENT POLICY, R7/5-24, OF 23 MAY 2024, WILL BE USED IN THE
ADJUDICATION OF THIS TENDER.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER
(PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S
PROFILE AND TAX STATUS.
2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE
MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO
REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE [Link].
2.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.
2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH
PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER
DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES/NO
3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES/NO
3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES/NO
3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES/NO
3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES/NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO

REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH
AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID
INVALID. NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE
STATE.

THE MUNICIPALITY RESERVES THE RIGHT TO ACCEPT ALL, SOME, OR NONE OF THE BIDS
SUBMITTEDEITHER WHOLLY OR IN PART — AND IT IS NOT OBLIGATED TO ACCEPT THE
LOWEST BID.

SIGNATURE OF BIDDER: ……………………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………

DATE: …………………………………………...

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4. MBD 4: DECLARATION OF INTEREST

DECLARATION OF INTEREST

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

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
2.
thereof, be awarded to persons connected with or related to persons in the service
of the state, it is required that the bidder or their authorised representative declare
their position in relation to the evaluating/adjudicating authority.

In order to give effect to the above, the following questionnaire must be

3.
completed and submitted with the bid.

Full Name of bidder or his /

3.1.
her representative:

3.2. Identity number:

Position occupied in the

3.3. Company (director, trustee,
shareholder²)

Company Registration
3.4.
Number:

3.5. Tax Reference Number:

3.6. VAT Registration Number:

The names of all directors / trustees / shareholders / members, their individual

3.7. identity numbers and state employee numbers (where applicable) must be
indicated in paragraph 4 below.

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

3.8.1. If yes, furnish particulars.

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

3.9.1. If so, furnish particulars.

Do you, have any relationship (family, friend, other) with

YES /
3.10. persons in the service of the state and who may be involved
NO
with the evaluation and or adjudication of this bid?

3.10.1. If so, state particulars.

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Are you aware of any relationship (family, friend, other)

between the bidder and any person in the service of the state YES /
3.11.
who may be involved with the evaluation and or adjudication of NO
this bid?

3.11.1. If so, state particulars.

Are any of the company’s directors, managers, principal YES /

3.12.
shareholders or stakeholders in service of the state? NO

3.12.1. If so, state particulars.

Is any spouse, child or parent of the company’s directors,

YES /
3.13. trustees, managers, principle shareholders or stakeholders in
NO
service of the state?

3.13.1. If so, furnish particulars.

Do you or any of the directors, trustees, managers, principle

shareholders, or stakeholders of this company have any interest YES /
3.14.
in any other related companies or business whether or not they NO
are bidding for this contract?

3.14.1. If so, furnish particulars.

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

COMPLETION OF THE FOLLOWING INFORMATION IS COMPULSORY:

Full Name Identity Number Individua State

l Tax Employ
Number ee
for each Numbe
Director r

CERTIFICATION

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I CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS

CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS
DECLARATION PROVE TO BE FALSE.

NAME OF ENTERPRISE

CAPACITY DATE

NAME (PRINT) SIGNATURE

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

a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

(iii) the National Assembly or the National Council of Provinces;

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

c) an official or any Municipality or municipal entity;

d) an employee of any national or provincial department, national or provincial public

entity or constitutional institution within the meaning of the Public Finance
Management Act, 1999 (Act No. 1 of 1999);

e) a member of the accounting authority of any national or provincial entity; or

f) an employee of Parliament or a provincial legislature.

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

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5. MBD 6.1 (PRERENCE POINTS CLAIM FORM)

MBD 6.1 (PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2022
AND PREFERENTIAL PROCUREMENT POLICY OF COUNCIL: 80/20 PREFERENCE POINT SYSTEM)

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, PREFERENTIAL PROCUREMENT REGULATIONS,
2022 AND PREFERENTIAL PROCUREMENT POLICY OF COUNCIL.

1. GENERAL CONDITIONS

1.1 The following preference point system is 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

1.2 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 (B-BBEE status level contribution and Locality).

1.3 The maximum points for this tender are allocated as follows:
POINTS
PRICE 80
SPECIFIC GOALS 20 (10 BBBEE and 10 Locality)
TOTAL POINTS FOR PRICE AND SPECIFIC GOALS 100

1.4 Failure on the part of a tenderer to submit proof or documentation required in terms of this tender to claim points for specific
goals with the tender, will be interpreted to mean that preference points for specific goals are not claimed.

1.4.1 B-BBEE

Failure on the part of a tenderer to submit a B-BBEE Verification Certificate from a Verification Agency accredited by the
South African National Accreditation System (SANAS), or a sworn affidavit confirming annual turnover and level of black
ownership in case of an EME and QSE together with the bid, will be interpreted to mean that preference points for B-BBEE
status level of contribution are not claimed.

1.4.2 LOCALITY

Failure on the part of tenderer to submit the following:

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• where the tenderer is the owner of the property / business:

o municipal account registered in the name of the tenderer not older than 3 months;

• where the tenderer is not the owner of the property / business:

o a valid lease agreement; or
o affidavit from the property owner that the address used to claim points in the MBD 6.1 is being rented out to the
tenderer at no cost not older than 3 months.

• where the tenderer submitted incorrect or outdated information (account, lease agreement or affidavit) or none of the
above, it will be interpreted to mean that preference points for Locality are not claimed.

NOTE: SEE INSTRUCTION TO TENDER (PARAGRAPH 2.17) ON COMPLETE DOCUMENTS THAT MUST BE
SUBMITTED.

1.5 The municipality 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 municipality.

2. DEFINITIONS
(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions
and skills development levies;
(b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic
Empowerment Act;
(c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall
performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued
in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(d) “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;
(e) “price” means an amount of money tendered for goods or services, and includes all applicable taxes less all
unconditional discounts;
(f) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all
applicable taxes;
(g) “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
(h) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1 POINTS AWARDED FOR PRICE THE 80/20 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20

𝑷𝒕−𝑷 𝒎𝒊𝒏 ⬚
𝑷𝒔 = 𝟖𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏 ⬚

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

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4. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME GENERATING PROCUREMENT

4.1 POINTS AWARDED FOR PRICETHE 80/20 PREFERENCE POINT SYSTEMS

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

80/20

𝑷𝒕−𝑷 𝒎𝒂𝒙 ⬚
𝑷𝒔 = 𝟖𝟎 (𝟏 + )
𝑷 𝒎𝒂𝒙 ⬚

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

5. POINTS AWARDED FOR SPECIFIC GOALS

In terms of the Preferential Procurement policy of Council section 5(2) and 7(2), preference points must be awarded for
specific goals stated in the tender. For the purposes of this tender the tenderer will be allocated points based on the goals
stated in table 1 and 2 below as may be supported by proof/ documentation stated in the conditions of this tender:

5.1 B-BBEE

B-BBEE Status Level of Contributor Number of Points for Preference (80/20)

1 10
2 9
3 7
4 6
5 4
6 3
7 2
8 1
Non-compliant contributor 0

5.2 LOCALITY

Number of Points for

Locality of supplier
Preference (80/20)

Within the boundaries of Saldanha Bay Municipality 10

Within the boundaries of the West Coast District 5
Within the boundaries of the Western Cape 2

Outside the boundaries of the Western Cape or failure to provide

proof 0

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6. DECLARATION

Bidders who claim points in respect of B-BBEE and Locality must complete the following:

6.1 B-BEE-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 5.1

B-BBEE Status Level of Contribution: ______________ (maximum of 10 points)

6.2 LOCALITY CLAIMED IN TERMS OF PARAGRAPH 1.4 AND 5.2

LOCALITY: ___________________ (maximum of 10 points)

7. DECLARATION WITH REGARD TO COMPANY / FIRM

7.1 Name of company / firm:______________________________________________

7.2 Company registration number:_________________________________________

7.3 VAT registration number:_____________________________________________

7.4 Type of company / firm:

 Partnership / Joint Venture / Consortium

 One-person business / sole propriety

 Close Corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[TICK APPLICABLE BOX]

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7.5 MUNICIPAL INFORMATION

Municipality where business is situated: __________________________________

Street address of business:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Registered municipal account number: __________________________________

7.6 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:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 5, the contractor
may be required to furnish documentary proof to the satisfaction of the organ of state that the claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of contract have not
been fulfilled, the organ of state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result of having to make less
favourable arrangements due to such cancellation;
(d) recommend that the tenderer or contractor, its shareholders and directors, or only the shareholders
and directors who acted on a fraudulent basis, be restricted from obtaining business from any organ
of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side)
rule has been applied; and
(e) forward the matter for criminal prosecution, if deemed necessary.

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……………………………………….

SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ……………………………………………………….

DATE: ………………………………………………………

ADDRESS: ………………………………………………………

………………………………………………………

………………………………………………………

………………………………………………………

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6. MBD 8: BIDDER’S PAST PRACTICES

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

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

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

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

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

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

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

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

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

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as Yes No
a company or person prohibited from doing business with the public sector?

(Companies or persons who are listed on this database were informed

in writing of this restriction by the National Treasury after the audi
alteram partem rule was applied).

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters Yes No
in terms of section 29 of the Prevention and Combating of Corrupt Activities Act
(No 12 of 2004)?

(To access this Register enter the National Treasury’s website,

[Link], click on the icon “Register for Tender Defaulters”
or submit your written request for a hard copy of the Register to
facsimile number (012) 3265445).

4.2.1 If so, furnish particulars:

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4.3 Was the bidder or any of its directors convicted by a court of law (including a Yes No
court of law outside the Republic of South Africa) for fraud or corruption during
the past five years?

4.3.1 If so, furnish particulars:

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or Yes No
municipal charges to the municipality / municipal entity, or to any other
municipality / municipal entity, that is in arrears for more than three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality / municipal entity or Yes No
any other organ of state terminated during the past five years on account of
failure to perform on or comply with the contract?

4.5.1 If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..…………………………………. CERTIFY THAT THE

INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN

AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

___________________________ __________________________

Signature Date

___________________________ __________________________

Position Name of Tenderer

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DECLARATION OF MUNICIPAL ACCOUNTS OF COMPANY AND DIRECTORS

Does the bidder or any of its directors owe any municipal rates and taxes or municipal Yes No
charges to the municipality / municipal entity, or to any other municipality / municipal entity,
that is in arrears for more than three months?

The Tenderer must affix proof of Municipal Accounts or valid lease agreements of the company as well as
Directors and also complete the addresses of Directors below. If the Bidder has more than 12 Directors, a
schedule with addresses must also be attached to the tender document.

Director 1 Address: Director 2 Address: Director 3 Address:

Mr. / Mrs_______________ Mr. / Mrs _____________ Mr. / Mrs___________

______________________ _____________________ ___________________

______________________ _____________________ ___________________

______________________ _____________________ ___________________

Director 4 Address: Director 5 Address: Director 6 Address:

Mr. / Mrs_______________ Mr. / Mrs _____________ Mr. / Mrs___________

______________________ ______________________ ___________________

______________________ ______________________ ___________________

______________________ ______________________ ___________________

Director 7 Address: Director 8 Address: Director 9 Address:

Mr. / Mrs_______________ Mr. / Mrs _____________ Mr. / Mrs___________

______________________ ______________________ ___________________

______________________ ______________________ ___________________

______________________ ______________________ ___________________

Director 10 Address: Director 11 Address: Director 12 Address:

Mr. / Mrs_______________ Mr. / Mrs _____________ Mr. / Mrs___________

______________________ ______________________ ___________________

______________________ ______________________ ___________________

______________________ ______________________ ___________________

Attach page if space insufficient.

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7. MBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION

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:

a) take all reasonable steps to prevent such abuse;

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

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

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

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

I, the undersigned, in submitting the accompanying bid:

__________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

__________________________________________________________________________

(Name of Municipality / Municipal Entity)

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

I certify, on behalf

of:_______________________________________________________________________that:

(Name of Bidder)

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

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

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

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to
determine the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”
shall include any individual or organization, other than the bidder, whether or not affiliated with the
bidder, who:

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

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

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

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

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

a) prices;

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

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

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

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

f) bidding with the intention not to win the bid.

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

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

10. 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.

11. 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.

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12. 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.

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.

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.

………………………………………………… …………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder

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8. CENTRAL SUPPLIER DATABASE (CSD)

Paragraph 14(1)(a) of the Municipal Supply Chain Management Policy states that the
municipality must keep a list of accredited prospective providers of goods and services that
must be used for the procurement requirements. Saldanha Bay Municipality has decided
to accept an invitation from Provincial Treasury to join the Western Cape Supplier Database
(WCSD) with the view of using one centralized database. However, on 01 July the
Municipality will make use of the Centralised Supplier Database. This decision was taken
based on the advantages it holds for our suppliers as well as our organization’s
procurement processes. All prospective providers of municipal goods and/or services are
hereby requested to register their business with the CSD.

The usage of the Centralised Supplier Database came into effect on 01 July
2016. REGISTRATION WILL BE COMPULSORY IN ORDER TO CONDUCT
BUSINESS WITH SALDANHA BAY MUNICIPALITY. The database will be used to
verify the accreditation of a supplier before an award can be made.

All prospective suppliers should be aware of the amended codes of good

practice under section 9 (1) of the Broad-Based Black Economic Empowerment
Act as issued by the Minister of Trade and Industry (Gazette No.36928) on 11
October 2013.

Enquiries can be made to Mr. S. Arendse at 022 701 6940.

CSD registration number (if registered): ……………………………

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PART C: CONDITIONS OF CONTRACT

9. GENERAL CONDITIONS OF CONTRACT (GCC OF 2010)

1. Definitions

1. The following terms shall be interpreted as indicated:

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

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

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

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

1.5 "Countervailing duties” are imposed in cases where an enterprise abroad is

subsidized by its government and encouraged to market its products
internationally.

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

1.7 “Day” means calendar day.

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

order.

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

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

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1.12 ” Force majeure” means an event beyond the control of the supplier and not
involving the supplier’s fault or negligence and not foreseeable.

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

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence

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

1.14 “GCC” means the General Conditions of Contract.

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

1.16 “Imported content” means that portion of the bidding price represented by the
cost of components, parts or materials which have been or are still to be
imported (whether by the supplier or his subcontractors) and which costs are
inclusive of the costs abroad, plus freight and other direct importation costs
such as landing costs, dock dues, import duty, sales duty or other similar tax
or duty at the South African place of entry as well as transportation and handling
charges to the factory in the Republic where the 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.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods,
such as transportation and any other incidental services, such as installation,
commissioning, provision of technical assistance, training, catering, gardening,
security, maintenance and other such obligations of the supplier covered
under the contract.

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1.25 “Written” or “in writing” means handwritten 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, sales, hiring, letting and
the granting or acquiring of rights, but excluding immovable property,
unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover
specific 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
o f a b i d . Where appli cable a n o n -refundable fee f o r documents may
be charged.

3.2 With certain exceptions, invitations to bid are only published in the
Government Tender Bulletin. The Government Tender Bulletin may be
obtained directly from the Government Printer, Private Bag X85,
Pretoria 0001, or accessed electronically from [Link]

4. Standards

4.1 The goods supplied shall conform to the standards mentioned in the
bidding documents and specifications.

5. Use of contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose
the contract, or any provision thereof, or any specification, plan, drawing,
pattern, sample, or information furnished by or on behalf of the
purchaser in connection therewith, to any person other than a person
employed by the supplier in the performance of the contract. Disclosure
to any such employed person shall be made in confidence and shall extend
only so far as may be necessary for purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make
use of any document or information mentioned in GCC clause 5.1 except for
purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1
shall remain the property of the purchaser and shall be returned (all copies)
to the purchaser on completion of the supplier’s performance under the
contract if so required by the purchaser.

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5.4 The supplier shall permit the purchaser to inspect the supplier’s records
relating to the performance of the supplier and to have them audited by
auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights

6.1 The supplier shall indemnify the purchaser against all third-party claims
of infringement of patent, trademark, or industrial design rights arising from
use of the goods or any part thereof by the purchaser.

7. Performance security

7.1 Within thirty (30) days of receipt of the notification of contract award, the
successful bidder shall furnish to the purchaser the performance security of
the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser
as compensation for any loss resulting from the supplier’s failure to complete
his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the

contract or in a freely convertible currency acceptable to the purchaser and
shall be in one of the following forms:

(a) A bank guarantee or an irrevocable letter of credit issued by a

reputable bank located in the purchaser’s country or abroad,
acceptable to the purchaser, in the form provided in the
bidding documents or another form acceptable to the
purchaser; or

(b) A cashier’s or certified cheque.

7.4 The performance security will be discharged by the purchaser and returned
to the supplier not later than thirty (30) days following the date of
completion of the supplier’s performance obligations under the contract,
including any warranty obligations, unless otherwise specified in SCC.

8. Inspections, tests and analyses

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 Department or an organization acting on behalf of the
Department.

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8.3 If there are no inspection requirements indicated in the bidding

documents and no mention is made in the contract, but during the contract
period it is decided that inspections shall be carried out, the purchaser shall
itself make the necessary arrangements, including payment arrangements
with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show
the 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 supplier.

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

analyzed 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 supplier who shall, when called upon, remove them immediately
at his own cost and forthwith substitute them with supplies which do
comply with the requirements of the contract. Failing such removal the
rejected supplies shall be returned at the suppliers c o s t and r i s k .

Should the supplier fail to provide the substitute supplies forthwith, the
purchaser may, without giving the supplier further opportunity to
substitute the rejected supplies, purchase such supplies as may be
necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the
purchaser to cancel the contract on account of a breach of the
conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing

9.1 The supplier shall provide such packing of the goods as is required to prevent
their damage or deterioration during transit to their final destination,
as indicated in the contract. The packing shall be sufficient to
withstand, without limitation, rough handling during transit and exposure
to extreme temperatures, salt and precipitation during transit, and open
storage. Packing, case size and weights shall take into consideration,
where appropriate, the remoteness of the goods’ final destination and
the absence of heavy handling facilities at all points in transit.

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9.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall be
expressly provided for in the contract, including additional
requirements, if any, specified in SCC, and in any subsequent
instructions ordered by the purchaser.

10. Delivery and documents

10.1 Delivery of the goods shall be made by the supplier in accordance with the
terms specified in the contract. The details of shipping and/or other documents
to be furnished by the supplier are specified in SCC.

10.2 Documents to be submitted by the supplier are specified in SCC.

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
acquisit ion, transportation, storage and delivery in the manner
specified in the SCC.

12. Transportation

12.1 Should a price other than an all-inclusive delivered price be required, this
shall be specified in the SCC.

13. Incidental services

13.1 The supplier may be required to provide any or all of the following services,
including additional services, if any, specified in SCC:

(a) Performance o r s u p e r v i s i o n o f o n -site a s s e m b l y a n d /or

commissioning of the supplied goods;

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

supplied goods;

(c) Furnishing of a detailed operations and maintenance manual for

each appropriate unit of the supplied goods;

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

supplied goods, for a period of time agreed by the parties, provided
that this service shall not relieve the supplier of any warranty
obligations under this contract; and

(e) Training of the purchaser’s personnel, at the supplier’s plant and/or

on-site, in assembly, start-up, operation, maintenance, and/or repair
of the supplied goods.

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13.2 Prices charged by the supplier for incidental services, if not included in the
contract price for the goods, shall be agreed upon in advance by the parties
and shall not exceed the prevailing rates charged to other parties by
the supplier for similar services.

14. Spare parts

14.1 As specified in SCC, the supplier may be required to provide any or all of the
following materials, notifications, and information pertaining to spare parts
manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the
supplier, provided that this election shall not relieve the supplier of any
warranty obligations under the contract; and

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

(i) Advance notification to the purchaser of the pending termination,

i n sufficient time to permit the purchaser to procure needed
requirements; and

(ii) Following such t ermination, furnishing at no cost to the

purchaser, the blueprints, drawings, and specifications of the
spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new,
unused, of the most recent or current models, and that they incorporate
all recent improvements in design and materials unless provided otherwise
in the contract.

The supplier further warrants that all goods supplied under this contract shall
have no defect, arising from design, materials, or workmanship (except when
the design and/or material is required by the purchaser’s specifications) or
from any act or omission of the supplier, that may develop under normal use
of the supplied goods in the conditions prevailing in the country of final
destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods,
or any portion thereof as the case may be, have been delivered to and
accepted at the final destination indicated in the contract, or for eighteen (18)
months after the date of shipment from the port or place of loading in the
source country, whichever period concludes earlier, unless specified otherwise
in SCC.

15.3 The purchaser shall promptly notify the supplier in writing of any claims
arising under this warranty.

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15.4 Upon receipt of such notice, the supplier shall, within the period specified
in SCC and with all reasonable speed, repair or replace the defective goods
or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the
period specified in SCC, the purchaser may proceed to take such remedial
action as may be necessary, at the supplier’s risk and expense and without
prejudice to any other rights which the purchaser may have against the
supplier under the contract.

16. Payment

16.1 The method and conditions of payment to be made to the supplier under
this contract shall be specified in SCC.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a
copy of the delivery note and upon fulfillment of other obligations stipulated in
the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than
thirty (30) days after submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated in SCC.

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed
under the contract shall not vary from the prices quoted by the supplier in his
bid, with the exception of any price adjustments authorized in SCC or in
the purchaser’s request for bid validity extension, as the case may be.

18. Contract amendments

18.1 No variation in or modification of the terms of the contract shall be made except
by written amendment signed by the parties concerned.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform
under the contract, except with the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded
under these contracts if not already specified in the bid.

Such notification, in the original bid or later, shall not relieve the supplier from
any liability or obligation under the contract.

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21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier
in accordance with the time schedule prescribed by the purchaser in the
contract.

21.2 If at any time during performance of the contract, the supplier or its
subcontractor(s) should encounter conditions impeding timely delivery of the
goods and performance of services, the supplier shall promptly notify the
purchaser in writing of the fact of the delay, its likely duration and its
cause(s). As soon as practicable after receipt of the supplier’s notice, the
purchaser shall evaluate the situation and may at his discretion extend the
supplier’s time for performance, with or without the imposition of penalties,
in which case the extension shall be ratified by the parties by amendment of
contract.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies

or services from a national department, provincial department, or a local
authority.

21.4 The right is reserved to procure outside of the contract small quantities or to
have minor essential services executed if an emergency arises, the supplier’s
point of supply is not situated at or near the place where the supplies are
required, or the supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in the
performance of its delivery obligations shall render the supplier liable to the
imposition of penalties, pursuant to GCC Clause 22, unless an extension of time
is agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract,
the purchaser shall, without cancelling 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 supplier’s expense and risk, or to cancel the contract and
buy such goods as may be required to complete the contract and without
prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods
or to perform the services within the period(s) specified in the contract, the
purchaser shall, without prejudice to its other remedies under the contract,
deduct from the contract price, as a penalty, a sum calculated on the delivered
price of the delayed goods or unperformed services using the current prime
interest rate calculated for each day of the delay until actual delivery or
performance. The purchaser may also consider termination of the contract
pursuant to GCC Clause 23.

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23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract,
by written notice of default sent to the supplier, may terminate this
contract in whole or in part:

(a) If the supplier fails to deliver any or all of the goods within the
period(s) specified in the contract, or within any extension thereof
granted by the purchaser pursuant to GCC Clause 21.2;

(b) If the Supplier fails to perform any other obligation(s) under the
contract; or

(c) If the supplier, in the judgment of the purchaser, has engaged in

corrupt or fraudulent practices in competing for or in executing the
contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the
purchaser may procure, upon such terms and in such manner as it deems
appropriate, goods, works or services similar to those undelivered, and the
supplier shall be liable to the purchaser for any excess costs for such similar
goods, works or services. However, the supplier shall continue performance
of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the
purchaser may decide to impose a restriction penalty on the supplier by
prohibiting such supplier from doing business with the public sector for a period
not exceeding 10 years.

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

associated with the supplier, the supplier will be allowed a time period of not
more than fourteen (14) days to provide reasons why the envisaged
restriction should not be imposed. Should the supplier fail to respond within
the stipulated fourteen (14) days the purchaser may regard the intended
penalty as not objected against and may impose it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer / Authority
will, at the discretion of the Accounting Officer / Authority, also be applicable
to any other enterprise or any partner, manager, director or other person
who wholly or partly exercises or exercised or may exercise control over the
enterprise of the first-mentioned person, and with which enterprise or person
the first-mentioned person, is or was in the opinion of the Accounting Officer
/ Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days
of such imposition, furnish the National Treasury, with the following
information:

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

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(ii) The date of commencement of the restriction;

(iii) The period of restriction; and

(iv) The reasons for the restriction.

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

suppliers or persons prohibited from doing business with the public sector.

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

12 or 13 of the Prevention and Combating of Corrupt Activities Act, No. 12 of
2004, the court may also rule that such person’s name be endorsed on the
Register for Tender Defaulters. When a person’s name has been endorsed on
the Register, the person will be prohibited from doing business with the public
sector for a period not less than five years and not more than 10 years.

23.7 The National Treasury is empowered to determine the period of restriction

and each case will be dealt with on its own merits. According to section 32 of
the Act the Register must be open to the public. The Register can be perused
on the National Treasury website.

24. Anti-dumping and countervailing duties and rights

24.1 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 contractor to the State or the State may deduct such amounts from
moneys (if any) which may otherwise be due to the contractor 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.

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier
shall not be liable for forfeiture of its performance security, damages, or
termination for default if and to the extent that his delay in performance or
other failure to perform his obligations under the contract is the result of
an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the
purchaser in writing of such condition and the cause thereof.

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Unless otherwise directed by the purchaser in writing, the supplier shall

continue to perform its obligations under the contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance not
prevented by the force majeure event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice
to the supplier if the supplier becomes bankrupt or otherwise insolvent. In
this event, termination will be without compensation to the supplier, provided
that such termination will not prejudice or affect any right of action or remedy
which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the
purchaser and the supplier in connection with or arising out of the contract,
the parties shall make every effort to resolve amicably such dispute or
difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the purchaser or the
supplier may give notice to the other party of his intention to commence
with mediation.

No mediation in respect of this matter may be commenced unless such notice

is given to the other party.

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

be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules of

procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings herein;

(a) The parties shall continue to perform their respective obligations under
the contract unless they otherwise agree; and

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

28. Limitation of liability

28.1 Except in cases of criminal negligence or wilful misconduct, and in the case
of infringement pursuant to Clause 6;

(a) The supplier shall not be liable to the purchaser, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage, loss of
use, loss of production, or loss of profits or interest costs, provided that this
exclusion shall not apply to any obligation of the supplier to pay penalties
and/or damages to the purchaser; and

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(b) The aggregate liability of the supplier to the purchaser, whether under
the contract, in tort or otherwise, shall not exceed the total contract price,
provided that this limitation shall not apply to the cost of repairing or replacing
defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other
documents pertaining to the contract that is exchanged by the parties shall
also be written in English.

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless
otherwise specified in SCC.

31. Notices

31.1 Every written acceptance of a bid shall be posted to the supplier

concerned by registered or certified mail and any other notice to him shall be
posted by ordinary mail to the address furnished in his bid or to the address
notified later by him in writing and such posting shall be deemed to be proper
service of such notice.

31.2 The time mentioned in the contract documents for performing any act after
such aforesaid notice has been given, shall be reckoned from the date of
posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties,
license fees, and other such levies imposed outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license
fees, etc., incurred until delivery of the contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in
order.

Prior to the award of a bid the Department must be in possession of a tax

clearance certificate, submitted by the bidder. This certificate must be an
original issued by the South African Revenue Services.

33. National Industrial Participation (NIP) Programme

33.1 The NIP Programme administered by the Department of Trade and Industry
shall be applicable to all contracts that are subject to the NIP obligation.

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34 Prohibition of Restrictive practices

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as
amended, an agreement between, or concerted practice by, firms, or a
decision by an association of firms, is prohibited if it is between parties in a
horizontal relationship and if a bidder (s) is / are or a contractor(s) was / were
involved in collusive bidding (or bid rigging).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence

obtained by the purchaser, has / have engaged in the restrictive practice
referred to above, the purchaser may refer the matter to the Competition
Commission for investigation and possible imposition of administrative
penalties as contemplated in the Competition Act No. 89 of 1998.

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

Competition Commission of the restrictive practice referred to above, the
purchaser may, in addition and without prejudice to any other remedy
provided for, invalidate the bid(s) for such item(s) offered, and / or
terminate the contract in whole or part, and / or restrict the bidder(s) or
contractor(s) from conducting business with the public sector for a period not
exceeding ten (10) years and / or claim damages from the bidder(s) or
contractor(s) concerned.

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10. SPECIAL CONDITIONS OF CONTRACT

1. Items will be evaluated separately and will be awarded per item. Accordingly,
tenderers may elect on what items to tender. In the event that a Tenderer does not
price an item in full, the tenderer will be found non-responsive for the specific item.

2. Estimated quantities will be used for evaluation purposes.

3. Bidder must supply detailed specification sheets (make and model) of all items
quoted on with the tender document by the closing date.

4. All specification sheets must be clearly marked to indicate which item on the tender
it has reference to.

5. Failure to comply with requirements 3 and 4 above will render the bid non-
responsive.

6. Although specifications are brief (minimum), council reserves the right to make the
final decision on the specific items tendered.

7. Only reputable and durable equipment, and proven technology, which is compatible
with existing systems in Council, will be accepted for purchase.

8. Optional items and accessories may also be offered.

9. The core business of the company must be ICT and the company must be a
registered ICT vendor. Proof of registration must be submitted as well as proof of
registered dealer certificates for the specific companies (example HP, Dell, Acer
etc.)

10. Items tendered must be assembled and in working order (must boot up) and
should include all cabling, connections, driver software, configurations, etc.
All items (where applicable) must be Windows 11 compatible.

11. All products tendered on must match the minimum specification indicated
below or must be superior to the specification. Suppliers must ensure that
they are able to supply the exact Make and Model of equipment that they
tendered on for the indicated quantity.

12. NB!! Make and Model descriptions should be included in the tender
document.

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11. AUTHORITY TO SIGN BID

TYPE OF ENTERPRISE (Please indicate with an “X” and complete the indicated section
below)

Company (Pty) Ltd. & Ltd. Please complete section 1 below

Close Corporation (CC) Please complete section 2 below
Sole Proprietor Please complete section 3 below
Partnership Please complete section 4 below
Consortium, Club, Trust, etc. Please complete section 5 below
Joint Venture Please complete section 6 below

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1. COMPANIES - (PTY) LTD. & LTD.

1.1. If a bidder is a COMPANY ((Pty) Ltd. OR Ltd.), a certified copy of the resolution by
the board of directors, duly signed, authorising the person who signs this bid to do so,
as well as to sign any contract resulting from this bid and any other documents and
correspondence in connection with this bid and/or contract on behalf of the company
must be submitted with this bid, that is, before the closing time and date of the bid.

1.2. A valid resolution must be signed by:

1.2.1. Majority directors; or
1.2.2. Chairman of the Board; or
1.2.3. Company Secretary

PARTICULARS OF RESOLUTION BY THE BOARD OF DIRECTORS OF THE COMPANY

Date resolution was taken

Resolution signed by (name and

surname)

Capacity

Name and surname of delegated

authorised signatory

Capacity

Specimen signature

Full name and surname of ALL director(s)

Is a copy of the resolution attached? YES NO

SIGNED ON
BEHALF OF DATE:
COMPANY / CC:

PRINT NAME:

WITNESS 1: WITNESS 2:

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2. CLOSE CORPORATION (CC)

2.1. In the case of a CLOSE CORPORATION (CC) submitting a bid, a resolution by its
members, authorizing a member or other official of the corporation to sign the documents
on their behalf, shall be included with the bid.

2.2. A valid resolution must be signed by:

2.2.1. Majority members; or
2.2.2. Member with majority shareholding but only if such shareholding is more than
50%; or
2.2.3. Company Secretary.

PARTICULARS OF RESOLUTION BY THE MEMBERS OF THE CLOSE CORPORATION

Date resolution was taken

Resolution signed by (name and

surname)

Capacity

Name and surname of delegated

authorised signatory

Capacity

Specimen signature

Full name and surname of ALL director(s) / member (s)

Is a copy of the resolution attached? YES NO

SIGNED ON
BEHALF OF DATE:
COMPANY / CC:

PRINT NAME:

WITNESS 1: WITNESS 2:

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3. SOLE PROPRIETOR (SINGLE OWNER BUSINESS) & NATURAL PERSON

I, , the undersigned, hereby confirm that I am the sole

owner of the business trading as .

OR

I, , the undersigned, hereby confirm that I am

submitting this bid in my capacity as natural person.

SIGNATURE: DATE:

PRINT NAME:

WITNESS 1: WITNESS 2:

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4. PARTNERSHIP

We, the undersigned partners in the business trading as

hereby authorize Mr / Ms

to sign this bid as well as any contract resulting from the bid and any other documents and
correspondence in connection with this bid and /or contract for and on behalf of the
abovementioned partnership.

The following particulars in respect of every partner must be furnished and

signed by every partner:

Full name of partner Signature

SIGNED ON
BEHALF OF DATE:
PARTNERSHIP:

PRINT NAME:

WITNESS 1: WITNESS 2:

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5. CONSORTIUM / CLUB / TRUST / ETC.

We, the undersigned consortium partners, hereby authorize ____________________

(Name of entity) to act as lead consortium partner and further authorize

Mr / Ms ____________

to sign this offer as well as any contract resulting from this bid and any other documents
and correspondence in connection with this bid and / or contract for and on behalf of the
consortium.

The following particulars in respect of each consortium member must be

provided and must be signed by each member:

Full Name of Role of consortium %

Signature
consortium member member Participation

SIGNED ON BEHALF
DATE:
OF PARTNERSHIP:

PRINT NAME:

WITNESS 1: WITNESS 2:

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6. JOINT VENTURE

We, the undersigned, are submitting this bid offer in joint venture and hereby authorize Mr /
Ms authorized signatory of the Company / Close Corporation / Partnership (name)
, acting in the capacity of lead partner, to sign all documents in connection
with the bid offer and any contract resulting from it on our behalf.

1. LEAD PARTNER (Whom the Municipality shall hold liable for the purpose of
the tender)

Name of firm

Address
Tel. No.

Signature Designation

2. 2nd PARTNER

Name of firm

Address
Tel. No.

Signature Designation

3. 3rd PARTNER

Name of firm

Address:
Tel. No.

Signature Designation

4. 4th PARTNER

Name of firm

Address:
Tel. No.

Signature Designation

NOTE: A copy of the Joint Venture Agreement indicating clearly the percentage
contribution of each partner to the Joint Venture, is to be submitted with the bid.

A board resolution, authorising each signatory who signed above to do so, is to be

submitted with the bid.

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12. CONTRACT FORM: PURCHASE OF GOODS/WORKS/SERVICES

(MBD7)

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. NOTE: THIS
FORM WILL ONLY BE SIGNED BY THE PURCHASER AFTER AWARD AND APPEAL/S HAVE
BEEN DEALT WITH.

PART 1 (TO BE FILLED IN BY THE BIDDER)

1. I hereby undertake to supply all or any of the goods and/or works or to render services
described in the attached bidding documents to (name of
institution)………..…………………………. in accordance with the requirements and
specifications stipulated in bid number SBM 07/24/25 at the price/s quoted. My offer/s
remain binding upon me and open for acceptance by the purchaser during the validity
period indicated and calculated from the closing time of bid.
2. The following documents shall be deemed to form and be read and construed as part of
this agreement:
(i) Bidding documents, viz
- Invitation to bid
- Tax clearance certificate
- Pricing schedule(s)
- Technical Specification(s)
- Preference claims in terms of the Preferential Procurement Policy adopted
by Council on R7/5-24, of 23 May 2024;
- Declaration of interest
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the
price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding
documents; that the price(s) and rate(s) cover all my obligations and I accept that any
mistakes regarding price(s) and rate(s) and calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and
conditions devolving on me under this agreement as the principal liable for the due
fulfillment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any
other person regarding this or any other bid.
6. I confirm that I am duly authorised to sign this contract.

NAME (PRINT) …………………………………………

WITNESSES
CAPACITY …………………………………………

SIGNATURE …………………………………………
1 …….………………
NAME OF FIRM …………………………………………
2. …………………….
DATE …………………………………………
DATE ………………...…

54 DATE: …………………….
 SBM: 07/24/25

PURCHASE OF GOODS/WORKS/SERVICES

PART 2 (TO BE FILLED IN BY THE PURCHASER)

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

accept your bid under reference number SBM 07/24/25 dated………………………for the
supply of goods/works indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating delivery instructions is forthcoming.

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

TO BE COMPLETED: GOODS / WORKS

POINTS
POINTS
ITEM CLAIMED
PRICE (VAT DELIVERY CLAIMED
BRAND FOR RDP
INCL) PERIOD FOR HDI’S
NO. GOALS
(BEE)
(Locality)

OR

TO BE COMPLETED: SERVICES

POINTS
POINTS
CLAIMED
DESCRIPTION OF PRICE (VAT COMPLETION CLAIMED
FOR RDP
SERVICE INCL) DATE FOR HDI’S
GOALS
(BEE)
(Locality)

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

WITNESSES

1. ………………………
SIGNED AT ………………………………………ON………………………………

NAME (PRINT) …………………………………… 2. ………………………

SIGNATURE ……………………………………
DATE ………………...…

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PART D: SPECIFICATIONS

13. SPECIFICATIONS:

13.1 Business Laptop with Docking Station and Backpack and Security
Chain

- Product: Lenovo ThinkPad L15 G4 / HP Probook 450 G10 / Dell Latitude 3540 or equivalent
- Product type: Notebook
- Form factor: Clamshell
- Processor family: 13th Generation Intel Core i5 or better
- Processor model: i5-1335U or better
- Processor Frequency: 3.40 / 4.60 GHz (12 MB Cache, 10 Cores)
- Display diagonal: 39.6 cm (15.6")
- HD type: Full HD
- Display resolution: 1920 x 1080 pixels
- Display: IPS, 250nits, Anti-glare, 45% NTSC
- Internal memory: 8 GB 3200 MHz (1 x 8 GB)
- Internal memory type: DDR4-SDRAM
- Total storage capacity: 512 GB M.2 2242 PCIe 4.0x4 NVMe Opal 2.0
- Storage Type: SSD
- On-board graphics adapter model: Integrated Intel Iris Xe Graphics Functions as UHD Graphics
- Operating system installed: Windows 11 Pro
- Ethernet: Gigabit Ethernet, Intel® Ethernet Connection I219-V, 1x RJ-45, supports Wake-on-
LAN
- WLAN+Bluetooth: Intel® Wi-Fi® 6 AX201, 802.11ax 2x2 Wi-Fi® + Bluetooth® 5.2, M.2 Card
- WWAN: Not required.
- SIM Card: None
- Keyboard: Backlit, English (EU)
- Security: Discrete TPM 2.0, TCG certified, FIPS 140-2 certified; Kensington® Nano Security
Slot™, 2.5 x 6 mm (this depends on the laptop vendor); Fingerprint reader
- Product colour: Thunder Black
- Weight: Starting at 1.77 kg
- Warranty: 3-year onsite support.
- Ports
o 1x Ethernet (RJ-45)
o 1x HDMI 2.1, up to 4K/60Hz
o 1x Headphone / microphone combo jack (3.5mm)
o 1x Thunderbolt 4 / USB4 40Gbps (support data transfer, Power Delivery 3.0 and
DisplayPort 1.4)
o 1x USB 3.2 Gen 1
o 1x USB 3.2 Gen 1 (Always On)
o 1x USB-C 3.2 Gen 2 (support data transfer, Power Delivery 3.0 and DisplayPort 1.4)
o 1x microSD card reader

Docking Station Requirements

- Must include a power supply larger than that of the laptop to be able to run the docking
station and charge the laptop. For example, if the laptop comes with a 65W charger the
docking station charger must be larger for example 90W.
- Docking station must be Type-C
- Docking station must support at least 2 external monitors at 3840x2160 @60Hz resolution.
- Docking station must have the following ports:
o 1 x Gigabit Ethernet
o 1 x Combo Audio Jack
o 1 x HDMI Port
o 1 x Display Port

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o 3 x USB-A Ports

Backpack Requirements

- At least 2 compartments
- One compartment must be padded to keep the laptop secure and protected and one
compartment for the accessories.
- Must fit the laptop quoted on in Item 13.1.

Security Chain Requirements

- Resettable 4-wheel number code with 10,000 possible combinations, selectable by the user.
- Must fit the laptop quoted on in Item 13.1

13.2 Basic laptop with Backpack

- Product: HP 250 G9 or equivalent

- CPU – Intel Celeron N4500 up to 2.8GHz (2 Cores, 2 Threads)
- RAM: 8GB DDR4-3200
- Display: 15.6” Full HD display (1920x1080 resolution)
- 256GB PCIe NVMe SSD Storage
- Intel UHD Graphics
- Wireless: 802.11ac and Bluetooth 4.2
- Webcam: 720p
- Keyboard: Full-size keyboard with numeric keypad
- Windows 11 Home edition
- Ports: 1 USB Type-C® 5Gbps signaling rate (supports data transfer only and does not support
charging or external monitors); 2 USB Type-A 5Gbps signaling rate; 1 AC smart pin; 1 HDMI
1.4b; 1 headphone/microphone combo
- Backpack must be included

13.3 Tiny Desktop PC and 24” Monitor

- Product: Lenovo ThinkCentre M80q Gen 4 Tiny PC and monitor or equivalent

- Tiny form factor business PC for mounting behind the monitor. MUST include all
brackets and screws to mount the PC to the back of the monitor. (Tiny refers to the
following Dimensions (H x W x D) 179mm x 36.5mm x 182.9mm)
- 13th Generation Intel® Core™ i5-13500T Processor with vPro® (E-Core Max 3.20 GHz, P-Core
Max 4.60 GHz with Turbo Boost, 14 Cores, 20 Threads, 24 MB Cache)
- PC must be intel VPro enabled with intel AMT and have the KVM remote control
feature.
- Minimum 8GB DDR5-4800MHz (SODIMM) Memory
- 24” Full HD 1920x1080 IPS Monitor with integrated webcam, microphone, and
speakers for example Lenovo Thinkvision T24v-20.
- 512GB M.2 NVMe Solid State Drive
- USB Keyboard, Mouse
- Intel® Wi-Fi 6E AX211 2x2 AX vPro® & Bluetooth® 5.1 or above
- Windows 11 Pro 64 Bit
- Must have at least 5 x USB Ports (2x in the front and 3x on the rear), Can be a combination of
USB3.1 Gen1 and Gen2 ports, 1 must be a USB3.2 Type-C Gen 1 Port
- 1x Headphone / Microphone combo jack (3.5mm) (Front)
- 1x Microphone (3.5mm) (Front)
- 1x HDMI
- 1x DisplayPort
- 1x Ethernet (RJ45)

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- 3 Year Parts, Labour, Next Business Day onsite Warranty

- Assembly and Delivery must be included.

13.4 27” Screens

- Product: Dell P-Series P2725H OR EQUIVALENT

- Display diagonal: 68.6 cm (27")
- Display resolution: 1920 x 1080 pixels @ 100Hz
- HD type: Full HD
- Panel Type: In-Plane Switching (IPS) technology
- Backlight Technology: LED edgelight system
- Brightness: 300 cd/m2 (typical)
- Response time: 5ms gray-to-gray (Fast mode) ; 8ms gray-to-gray (Normal mode)
- Native aspect ratio: 16:9
- Viewing angle, horizontal: 178°
- Viewing angle, vertical: 178°
- USB Power Delivery: Yes, up to 15W via USB-C downstream port
- Audio Output: Optional soundbar (sold separately)
- Adjustability: Height, Tilt, Swivel, Pivot
- Height: Up to 150 mm (5.9")
- Tilt: -5°/+21°
- Swivel: -45°/+45°
- Pivot: -90°/+90°
- VESA: 100 mm x 100mm
- Product colour: Black, Silver
- Ports & Slots:
o Security lock slot (based on Kensington Security Slot)
o Power connector
o HDMI
o Stand lock
o DisplayPort 1.2
o VGA
o USB 3.2 Gen1 Type-B upstream
o USB 3.2 Gen1 Type-A downstream ports (2)
o Soundbar slots (2)
o USB 3.2 Gen1 Type-A downstream
o USB 3.2 Gen1 Type-C downstream (PD of up to 15W)

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14. PRICING SCHEDULE:

14.1 Business Laptop with Docking Station and Backpack and Security Chain

Make and Model Description Estimated Price Excl.

Quantity VAT

Business Laptop R

Docking Station R
1
Backpack R

Security Chain R

Total Excl. Vat

Vat. 15 %

Total Incl. Vat

14.2 Business Laptop with Docking Station and Backpack and Security Chain

Make and Model Description Estimated Price Excl.

Quantity VAT

Basic Laptop including Backpack 1 R

Total Excl. Vat

Vat. 15 %

Total Incl. Vat

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14.3 Tiny Desktop PC and 24” Monitor

Make and Model Description Estimated Price Excl.

Quantity VAT

Tiny Desktop PC R
1
24” Monitor R

Total Excl. Vat

Vat. 15 %

Total Incl. Vat

14.4 27” Monitor

Make and Model Description Estimated Unit Price

Quantity Excl. VAT

27” Monitor 1 R

Total Excl. Vat

Vat. 15 %

Total Incl. Vat

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PART E: OTHER

15. PRICE ADJUSTMENTS

Bids shall remain valid and binding for a minimum of 90 days after the tender closure date
and the validity extend automatically till the contract is signed if validity goes beyond the
number of days indicated. The reason for this is to ensure that the tender is valid till
appeals were considered, if received.

I accept and approve all of the above.

…………………….………………..

SIGNATURE OF TENDERER

Failure to accept the automatic extension will render the bid non-responsive.
Any bidder may at any time withdraw their bid in writing in which case the bid
will not be further considered.

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16. OMISSIONS, ALTERATIONS AND ADDITIONS

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17. SCHEDULE OF VARIATIONS FROM SPECIAL CONDITIONS OF

CONTRACT
1. Bidders may provide a 2.5% discount for payment made within 30 days of receipt of
invoice. Bidder should note that this discount is optional and has no influence on the
evaluation or adjudication of bids.

2. Please complete the following should your company BE WILLING TO PROVIDE the
2.5% deduction for payment within 30 days as per clause 1 above:

YES, my company IS WILLING TO HAVE THE 2.5% taken off of payment made within 30
days.

Tenderer’s signature ______________________________ for acceptance of the 2.5%

discount.

(Only if tenderer wishes to provide the 2.5% discount)

63