CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE PERIOD
OF THREE YEARS

BIDDER’S NAME:

AMOUNT:

AMOUNT IN WORDS:
Department of Corporate
P O Box 71
BERGVILLE
3350
Telephone: 036 448 8000

1
 OKHAHLAMBA LOCAL MUNICIPALITY
CORPORATE DEPARTMENT
CONTRACT NO: 8/1/1/4/8– COR 03/2024
PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER CLEANING MATERIAL FOR
THE PERIOD OF THREE YEARS

INDEX TO BID DOCUMENTS

PAGE
1. INVITATION TO BID 3
2. FUNCTIONALITY 7
3. CONDITIONS OF BID 9
4. GENERAL CONDITIONS OF CONTRACT 12
5. SPECIAL CONDITIONS OF CONTRACT 26
6. SPECIFICATION OF CONTRACT 30
7. FORMS TO BE COMPLETED BY THE BIDDER 32

1. FORM OF ACCEPTANCE AND DECLARATION 33

2. PRICING SCHEDULE (MBD 3.1) 36

3. DECLARATION OF INTEREST (MBD4) 37

8. PROCUREMENT DOCUMENTS 40

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE

PREFERENTIAL PROCUREMENT REGULATIONS 2022 41

A) CONTRACT FORM –PURCHASE FOR

GOODS/SERVICES (MBD 7.2) 45

B) DECLARATION OF BIDDER’S PAST SUPPLY CHAIN

MANAGEMENT PRACTICES (MBD 8) 47

C) CERTIFICATE OF INDEPENDENT
BID DETERMINATION (MBD 9) 49

D) PARTICULARS OF BIDDER 53

E) ENQUIRY CONTACT DETAILS 55

9. PRICING SCHEDULE 56
10. CHECK LIST 58

2
 OKHAHLAMBA LOCAL MUNICIPALITY

CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE PERIOD
OF THREE YEARS

INVITATION TO BID

3
 BID NOTICE

Bids are hereby invited in terms of Section 83 of the Municipal Systems Act, Act 32 of 2000 (as
amended) and Sections 110 and 112 of the Municipal Finance Management Act, Act 56 of 2003.

Bid documents are obtainable from the SCM Bids office after paying non-refundable deposit of
R400.00 per bid document at cashiers or by EFT made out in favor of Okhahlamba Local
Municipality prior to bid collection of the bid document: First National Bank, Branch Code. 220625,
Acc no. 51660362710.

Any eligible bidder can also download documents free of charge on the web-based portal
www.etenders.gov.za with effect 06 March 2024 @ 15:00pm only service providers registered on
National Treasury Central Supplier Database (CSD) and Okhahlamba Local Municipality’s database
will be considered for bidding.

Contract Name and Bid Documents Briefing Closing & Bid Enquiries
Description availability date Session Date, Opening Date &
time & Venue Time
COR 03/2024 Panel of 3 providers to From: 06 March None 19 April 2024 @ Okhahlamba Municipality
Functionality supply and deliver 2024 11:00am Depart: Corporate
65% cleaning material for the Contact Mrs M Mr M E Mntambo
LOCAL period of three (3) years Dlamini 036 448 8046 Email:
PROVIDERS 036 4488062/ [email protected]
ONLY. 087 086 9209

BID SUBMISSION

Sealed bids with the contract number and description of the bids endorsed on the
envelope with the bidders details clearly indicated may be couriered using courier services at
least two days before closing date to avoid late delivery or be hand delivered and must be deposited
at the Okhahlamba Local Municipality’s bid box situated in the reception at or before the specified
date and time above, at which bids will be opened in public in the municipal’s Boardroom .Bids
received after the said closing date and time as prescribed will not be considered. Facsimile and e-
mailed bids will not be accepted.

Bids will be evaluated and adjudicated in terms of the Preferential Procurement Regulations, 2022
pertaining to Specific Goals and other applicable legislations and will be based on 80/20 preference
points system.

POINTS
PRICE 80
SPECIFIC GOALS 20
Total points for Price and specific goals 100

Bids must only be submitted on the bid documentation that is issued. CSD registration, valid Tax
Clearance Certificate plus SARS status verification pin, CK document and other required certificates
must accompany the bid document.

The Okhahlamba Local Municipality is not bound to accept the lowest or any bid and reserves the
right to accept the whole or part of a bid

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 INVITATION TO BID – PART A
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE OKHAHLAMBA LOCAL MUNICIPALITY
BID NUMBER: 8/1/1/4/8– COR 03/2024 CLOSING DATE: 19 APRIL 2024 CLOSING TIME: 11:00AM
DESCRIPTION PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER CLEANING MATERIAL FOR THE PERIOD OF THREE YEARS
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT
(STREET ADDRESS

259 KINGSWAY STREET (OPPOSITE CALTEX GARAGE)

PO BOX 71

BERGVILLE

3350
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
TAX COMPLIANCE STATUS TCS PIN: OR CSD No:
PREFERENTIAL POINTS (80/20) OR (90/10) PRICE = 80 / 90 PREFERENT POINTS = 20 / 10 TOTAL = 100

20 10 TICK FOR
SPECIFIC CONTRACT PARTICIPATION GOALS CLAIM
RACE (EQUITY HDI’S) 5 4
DISABILITY/YOUTH 3 2
BLACK PEOPLE WHO ARE WOMEN 2 2
LOCALITY 10 2
TOTAL HDI SCORE 20 10
ARE YOU A FOREIGN
BASED SUPPLIER FOR Yes No
ARE YOU THE ACCREDITED REPRE- THE GOODS /SER-
SENTATIVE IN SOUTH AFRICA FOR THE Yes No
VICES /WORKS OF- [IF YES, ANSWER PART
GOODS /SERVICES /WORKS OFFERED? FERED?
[IF YES ENCLOSE PROOF] B:3 ]

TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE R

SIGNATURE OF BIDDER
……………………………… DATE
CAPACITY UNDER WHICH THIS BID IS
SIGNED
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
FINANCE – SUPPLY CHAIN MANAGE-
DEPARTMENT MENT DEPT CONTACT PERSON MNTAMBO M.E
CONTACT PERSON THULILE MAPHALALA TELEPHONE NUMBER 036 448 8046
TELEPHONE NUMBER 036 – 448 8056/ 087 086 9209 FACSIMILE NUMBER 036 – 448 1986
FACSIMILE NUMBER 036 – 448 1986 E-MAIL ADDRESS
E-MAIL ADDRESS [email protected] [email protected]

5
 PART B
Terms and Conditions for Bidding
1. BID SUBMISSION:
1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for consideration.
1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or online
1.3. This bid is subject to the Preferential Procurement Policy Framework Act and the Preferential Procurement Regulations,
2022, the General Conditions of Contract (GCC) and, if applicable, any other special conditions of contract.
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 www.sars.gov.za.
2.4 Foreign suppliers must complete the Pre-Award Questionnaire in part B:3.
2.5 Bidders may also submit a printed TCS certificate together with the bid.
2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party must submit a separate TCS certificate /
Pin / CSD number.
2.7 Where no TCS is available but the bidder is registered on the Central Supplier Database (CSD), a CSD number must be
provided.
3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
Is the entity a resident of the Republic of South Africa (RSA)? Yes No
Does the entity have a branch in the RSA? Yes No
Does the entity have a permanent establishment in the RSA? Yes No
Does the entity have any source of income in the RSA? Yes No
Is the entity liable in the RSA for any form of taxation? Yes No

If the answer is “no” to all of the above, then it is not a requirement to register for a Tax Compliance Status System Pin
Code from the South African Revenue Service (SARS) and if not register as per 2.3 above.

NB: Failure to provide any of the above particulars may render the bid invalid.
No bids will be considered from persons in the service of the state.

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

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

DATE: …………………………………………...

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 OKHAHLAMBA LOCAL MUNICIPALITY

CONTRACT NO: 8/1/1/4/8– COR 03/2024

CORPORATE DEPARTMENT

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE PERIOD
OF THREE YEARS

FUNTIONALITY

7
 OKHAHLAMBA LOCAL MUNICIPALITY
CORPORATE DEPARTMENT
CONTRACT NO: 8/1/1/4/8– COR 03/2024
PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER CLEANING MATERIAL FOR THE
PERIOD OF THREE YEARS

FUNCTIONALITY POINTS FOR BID EVALUATION

1. Bidders will first be evaluated on the following point scoring criteria and be
subjected to a further evaluation thereafter; bidders will be further evaluated
on the targeted procurement / preferential points.

2. Bidders, who do not score more than 65 Points upon the functionality, will not
be considered for a further evaluation.

3. Bidders are to submit documentary proof and the page reference number in
support of the description items above as part of the bid document.

4. Points allocation column is Municipal use only.

No Description Items Maximum Po- Points Points Page Reference

tential Score Claim Allocated number where
proof attached.
1. Number of years the company
has existed 20
0 – 5 years = 5 points
5 – 10 years = 10 points
10 – 15 years = 15 points
10 – More/Maximum = 20
points
SABS Compliance 30
2. Proof of manufacturers or sup-
pliers’ quality standards

3. Proof of experience in relevant 30

or similar project.
Kindly attach order and proof of
delivery.
6 points per project
Maximum 5 projects

4. Delivery period 20
07 days = 20
14 days = 10

TOTAL SCORED 100

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 OKHAHLAMBA LOCAL MUNICIPALITY

CONTRACT NO: 8/1/1/4/8– COR 03/2024

CORPORATE DEPARTMENT

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE PERIOD
OF THREE YEARS

CONDITIONS OF CONTRACT

9
 OKHAHLAMBA LOCAL MUNICIPALITY
CORPORATE DEPARTMENT
CONTRACT NO: 8/1/1/4/8– COR 03/2024
PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER CLEANING MATERIAL FOR
THE PERIOD OF THREE YEARS

CONDITIONS OF THE BID

A. GENERAL

1. Bid documents must be completed in black ink and prices must NOT include VAT.

2. All pages and annexures must be initialled / sign in full signature where required.

3. The lowest or any bid will not necessarily ;be accepted and Okhahlamba Local Municipality
reserves the right to accept the whole or any part of a bid or to reject any or all the bid without
stating the reasons thereof.

4. No bid will be accepted by fax or e-mail.

5. Bids are to remain open for acceptance for a period of ninety (90) days from the date they
are lodged and may be accepted at any time during the said period of ninety (90) days.

6. All prices and details must be legible / readable to ensure the bid will be considered for
adjudication.

7. Full details of services offered must be supplied together with the return documents. All
additional documents returned with the bid documents must be firmly bound and marked as
“Additional” to the specific bid reference number.

8. Only bids on Okhahlamba Local Municipality official bid document will be accepted and the
original document must be returned, fully completed and signed, in the form presented.
Failure to do so will invalidate such bid.

9. Corrections may not be made by means of a correcting fluid. In the event of a mistake
having been made it shall be crossed out in ink and be accompanied by a full signature
at each and every alteration. The Municipality reserves the right to reject the bid if
corrections are not made in accordance with the above.

10. Should it be considered necessary by the bidder that officials of Okhahlamba Local
Municipality should proceed to other centres for inspection purposes, such costs shall be for
the account of the bidder.

11. This contract will be governed by Okhahlamba Local Municipality “Conditions of the Bid” only
and not any conditions supplied by the bidder.

12. The bidder must submit a comprehensive company profile, for example the founding
company statements, as well as detailed exposition of previous work done.

13. If items are not in line with the bid must be drawn through the space in pen.

14. Only bids received by 11:00 am on the given closing date in the bid box will be considered.

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B. DEMONSTRATIONS AND INSPECTIONS

1. All bidders must be prepared to demonstrate where required, free of charge and
obligation, at the Okhahlamba Local Municipality or any other area within the
boundary of the Okhahlamba Local Municipality, any services offered in this bid.

2. Where officials are required to attend demonstrations or inspections outside the

boundary of the Bergville Area, all costs to attend such demonstration must be borne
by the bidder.

11
 OKHAHLAMBA LOCAL MUNICIPALITY

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE PERIOD
OF THREE YEARS

GENERAL CONDITIONS OF CONTRACT

12
 OKHAHLAMBA LOCAL MUNICIPALITY
CONTRACT NO: 8/1/1/4/8– COR 03/2024
PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER CLEANING MATERIAL FOR
THE PERIOD OF THREE YEARS

GENERAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES

1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information inspection
6. Patent Rights
7. Performance security
8. Inspections, tests and analyses
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental Services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Variation orders
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Anti-dumping and countervailing duties and rights
25. Force Majeure
26. Termination for insolvency
27. Settlement of Disputes
28. Limitation of Liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. Transfer of contracts
34. Amendments of contracts
35. Prohibition of restrictive practices

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 General Conditions of Contract

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, 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 consignee’s store or to his site”

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

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own
initiative in the RSA at lower prices than that of the country of
origin and which have the potential to harm the local industries
in the RSA.

1.12”Force majeure” means an event beyond the control of the supplier and not
involving the supplier’s fault or negligence and not foreseeable.
Such events may include, but is not restricted to, acts of the

14
 purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight
embargoes.

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

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

1.14 “GCC” means the General Conditions of Contract.

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

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

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

1.18 “Manufacture” means the production of products in a factory using labour,

materials, components and machinery and includes other related
value-adding activities.

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

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.

15
1.25 “Supplier” means the successful bidder who is awarded the contract to
maintain and administer the required and specified service(s) to
the State.

1.26 “Tort” means in breach of contract.

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

assumes total responsibility for all aspects of the project and
delivers the full end product / service required by the contract.

1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or
mechanical writing.

2. Application
2.1 These general conditions are applicable to all bids, contracts and orders including
bids for functional and professional services (excluding professional services related
to the building and construction industry), sales, hiring, letting and the granting or
acquiring of rights, but excluding immovable property, unless otherwise indicated in
the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific
goods, services or works.

2.3 Where such special conditions of contract are in conflict with these general
conditions, the special conditions shall apply.

3. General
3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable
for any expense incurred in the preparation and submission of a bid. Where
applicable a non-refundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news media and on the
municipality/municipal entity website.

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

5. Use of 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
16
 purchaser on completion of the supplier’s performance under the contract if so
required by the purchaser.

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

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

6.2 When a supplier developed documentation / projects for the municipality /municipal
entity, the intellectual, copy and patent rights or ownership of such documents or
projects will vest in the municipality / municipal entity.

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

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

7.3 The performance security shall be denominated in the currency of the contract, or in
a freely convertible currency acceptable to the purchaser and shall be in one of the
following forms:

(a) A bank guarantee or an irrevocable letter of credit issued by a reputable bank located
in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in
the bidding documents or another form acceptable to the purchaser; or
(b) A cashier’s or certified cheque.
7.4 The performance security will be discharged by the purchaser and returned to the
supplier not later than thirty (30) days following the date of completion of the supplier’s
performance
obligations under the contract, including any warranty obligations, unless otherwise
specified.

8. Inspections, 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 goods to be produced or services to be rendered should at

any stage be subject to inspections, tests and analyses, the bidder or contractor’s

premises shall be open, at all reasonable hours, for inspection by a representative of

the purchaser or organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding documents and no
mention is made in the contract, but during the contract period it is decided that
17
 inspections shall be carried out, the purchaser shall itself make the necessary
arrangements, including payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the
goods to be in accordance with the contract requirements, the cost of the inspections,
tests and analyses shall be defrayed by the purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with
the contract requirements, irrespective of whether such goods or services are
accepted or not, the cost in connection with these inspections, tests or analyses shall
be defrayed by the supplier.

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not
comply with the contract requirements may be rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analysed and
may be rejected if found not to comply with the requirements of the contract. Such
rejected goods shall be held at the cost and risk of the supplier who shall, when called
upon, remove them immediately at his own cost and forthwith substitute them with
goods, which do comply with the requirements of the contract. Failing such removal
the rejected goods shall be returned at the suppliers cost and risk. Should the supplier
fail to provide the substitute goods forthwith, the purchaser may, without giving the
supplier further opportunity to substitute the rejected goods, purchase such goods as
may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to
cancel the contract on account of a breach of the conditions thereof, or to act in terms
of Clause 22 of GCC.

9. Packing
9.1 The supplier shall provide such packing of the goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the
contract. The packing shall be sufficient to withstand, without limitation, rough
handling during transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packing, case size weights shall take into
consideration, where appropriate, the remoteness
of the goods’ final destination and the absence of heavy handling facilities at all points
in transit.

9.2 The packing, marking, and documentation within and outside the packages shall
comply strictly with such special requirements as shall be expressly provided for in

the contract, including additional requirements, if any, and in any subsequent

instructions ordered by the purchaser.

10. Delivery and documents

10.1 Delivery of the goods and arrangements for shipping and clearance obligations, shall
be made by the supplier in accordance with the terms specified in the contract.

18
11. Insurance
11.1 The goods supplied under the contract shall be fully insured in a freely convertible
currency against loss or damage incidental to manufacture or acquisition,
transportation, storage and delivery in the manner specified.

12. Transportation
12.1 Should a price other than an all-inclusive delivered price be required, this shall be
specified.

13. Incidental Services

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

(a) Performance or supervision of on-site assembly and/or commissioning of the

supplied goods;

(b) Furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) Furnishing of a detailed operations and maintenance manual for each appropriate
unit of the supplied goods;
(d) Performance or supervision or maintenance and/or repair of the supplied goods, for
a period of time agreed by the parties, provided that this service shall not relieve the supplier
of any warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in
assembly, start-up, operation, maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract
price for the goods, shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the supplier for similar
services.

14. Spare parts

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

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

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

in sufficient time to permit the purchaser to procure needed requirements
and;
(ii) Following such termination, furnishing at no cost to the purchaser, the
blueprints, drawings, and specifications of the spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of
the most recent or current models, and that they incorporate all recent improvements
19
 in design and materials unless provided otherwise in the contract. The supplier further
warrants that all goods supplied under this contract shall have no defect, arising from
design, materials, or workmanship (except when the design and/or material is
required by the purchaser’s specifications) or from any act or omission of the supplier,
that may develop under normal use of the supplied goods in the conditions prevailing
in the country of final destination.

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

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

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

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

16. Payment
16.1 The method and conditions of payment to be made to the supplier under this contract
shall be specified.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the
delivery note and upon fulfilment of other obligations stipulated in the contract.

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

16.4 Payment will be made in Rand unless otherwise stipulated.

17. Prices

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

In cases where the estimated value of the envisaged changes in purchase does not vary
more than 15% of the total value of the original contract, the contractor may be instructed to
deliver the goods or render the services as such. In cases of measurable quantities, the

contractor may be approached to reduce the unit price, and such offers may be accepted
provided that there is no escalation in price.

20
18. Variation orders
18.1 In cases where the estimated value of the envisaged changes in purchase does not
vary more than 15% of the total value of the original contract, the contractor may be
instructed to deliver the goods or render the services as such. In cases of
measurable quantities, the contractor may be approached to reduce the unit price,
and such offers may be accepted provided that there is no escalation in price.

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

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.

21. Delays in the supplier’s performance

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

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

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

21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance
of its delivery obligations shall render the supplier liable to the imposition of penalties,
pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to
GCC Clause 22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the
purchaser shall, without cancelling the contract, be entitled to purchase goods of a
similar quality and up to the same quantity in substitution of the goods not supplied
in conformity with the contract and to return any goods delivered later at the supplier’s
expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim
damages from the supplier.

22. Penalties
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods
or to perform the services within the period(s) specified in the contract, the purchaser
shall, without prejudice to its other remedies under the contract, deduct from the
21
 contract price, as a penalty, a sum calculated on the delivered price of the delayed
goods or unperformed services using the current prime interest rate calculated for

each day of the delay until actual delivery or performance. The purchaser may also
consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

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

(a) If the supplier fails to deliver any or all of the goods within the period(s)
specified in the contract, or within any extension thereof granted by
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 supplier as having no objection and proceed with the
restriction.

23.5. Any restriction imposed on any person by the purchaser will, at the discretion of the
purchaser, also be applicable to any other enterprise or any partner, manager,
director or other person who wholly or partly exercises or exercised or may exercise

control over the enterprise of the first-mentioned person, and with which enterprise
or person the first-mentioned person, is or was in the opinion of the purchaser actively
associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such
imposition, furnish the National Treasury, with the following information:
(i) the name and address of the supplier and / or person restricted by the purchaser;
(ii) The date of commencement of the restriction
(ii) The period of restriction; and

22
(iii) The reasons for the restriction.
(iv) These details will be loaded in the National Treasury’s central database of
(v) 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 Bid
Defaulters. When a person’s name has been endorsed on the Register, the person
will be prohibited from doing business with the public sector for a period not less than
five years and not more than 10 years. The National Treasury is empowered to
determine the period of restriction and each case will be dealt with on its own merits.
According to section 32 of the Act the Register must be open to the public. The
Register can be perused on the National Treasury website.
24. Antidumping 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 supplier to the purchaser or the purchaser may
deduct such amounts from moneys (if any) which may otherwise be due to the
supplier in regard to goods or services which he delivered or rendered, or is to deliver
or render in terms of the contract or any other contract or any other amount which
may be due to him.

25. Force Majeure

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

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in
writing of such condition and the cause thereof. Unless otherwise directed by the
purchaser in writing, the supplier shall continue to perform its obligations under the
contract as far as is reasonably practical, and shall seek all reasonable alternative
means for performance not prevented by the force majeure event.

26. Termination for insolvency

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

23
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 Notwithstanding any reference to mediation and/or court proceedings herein,

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

(b) The purchaser shall pay the supplier any monies due the supplier for goods
delivered and / or services rendered according to the prescripts of the contract.

28. Limitation of 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
(b) 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
(c) The aggregate liability of the supplier to the purchaser, whether under the contract,
in tort or otherwise, shall not exceed the total contract price, provided that this limitation
shall not apply to the cost of repairing or replacing defective equipment.
29. Governing language
29.1 The contract shall be written in English. All correspondence and other documents
pertaining to the contract that is exchanged by the parties shall also be written in
English.

30. Applicable law

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

31. Notices

31.1 Every written acceptance of a 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.

24
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 SARS must have certified that the tax matters of the
preferred bidder are in order.

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

33. Transfer of contracts

33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part
thereof without the written permission of the purchaser.

34. Amendment of contracts

34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or
provisions thereof shall be valid and of any force unless such agreement to amend
or vary is entered into in writing and signed by the contracting parties. Any waiver of
the requirement that the agreement to amend or vary shall be in writing, shall also be
in writing.

35. Prohibition of restrictive practices

35.1 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.

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

the purchaser has / have engaged in the restrictive practice referred to above, the
purchaser may refer the matter to the Competition Commission for investigation and
possible imposition of administrative penalties as contemplated in section 59 of the
Competition Act No 89 0f 1998.

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

25
 OKHAHLAMBA LOCAL MUNICIPALITY

CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE PERIOD
OF THREE YEARS

SPECIAL CONDITIONS OF CONTRACT

26
 OKHAHLAMBA LOCAL MUNICIPALITY
CORPORATE DEPARTMENT
CONTRACT NO: 8/1/1/4/8– COR 03/2024
PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER CLEANING MATERIAL FOR
THE PERIOD OF THREE YEARS`

1. DURATION

The duration for this contract will be three (3) years from the day of finalisation of
appointment.

2. PAYMENT

All payments will be made to the Service Provider within thirty (30) days upon the
receipt of an invoice.

3. PRICE

Prices charged by the service provider for services performed under the contract
shall not vary from the prices quoted by the supplier in his bid, with the exception of
any price adjustments authorized or in the purchaser’s request for bid validity exten-
sion, as the case may be.

In cases where the estimated value of the envisaged changes in purchase does not
vary more than 15% of the total value of the original contract, the contractor may be
instructed to deliver the goods or render the services as such. In cases of measurable
quantities, the contractor may be approached to reduce the unit price, and such offers
may be accepted provided that there is no escalation in price.

3. RETURNABLE DOCUMENTS
The issued documents must be returned in the form and order in which they were
issued to assist the Municipality to expedite adjudication of the bids. The Okhahlamba
Local Municipality reserves the right to disqualify a bid in the event that the bidder does
not fully comply with this provision.

4. BID VALIDITY

This bid shall not be withdrawn during a period of ninety (90) days from the date on
which it is to be lodged and it may be accepted at any time during that period.

5. COMPULSORY DOCUMENTS TO BE SUBMITTED TOGETHER WITH BID

DOCUMENT

 CSD Registration Summary Report (Not more than 2 months old)

 Copy of tax clearance certificate with Status verification Pin from SARS.
 Company Registration certificate/ CK Document
 Certified copies of identity documents of directors or management.
 SABS compliance from supplier
 Proof of residence
27
6. MANDATORY OBJECTION PERIOD

All administrative actions and decisions taken by the Municipality through its officials may
become subject to an appeal process. As such, in terms of Section 49 of the Municipal
Supply Chain Management Regulations No 27636 of 2005, a period of fourteen (14) days
will be set aside to allow for the submission of appeals against the award/ process of mak-
ing the award to a particular bidder by any interested party. Except in scenarios where the
decision of a duly appointed appeal panel sets aside the appointment of the successful
bidder as the service provider for this contract, the appointment will then be confirmed by
the municipality in writing.
Kindly note that the intention of award will be published on the municipal website and e-
tenders portal.

7. RIGHTS TO AWARD
 Okhahlamba local municipality reserve the rights to call for presentations from
shortlisted suppliers.
 Not to make any award in this bid or accept any proposal submitted.
 Award the project to more than one (1) respondent for the same project.
 Request further technical/ functional information from any respondent after a closing
date.
 Verify information and documentation of the respondent(s).
 Not to accept any of the bid document submitted.
 To withdraw or amend any of the bid conditions by notice in writing to all respond-
ents prior to closing of the bid and post award.
 If an incorrect award has been made to remedy the matter in any lawful manner it
may deem fit.

8. AWARDING PANELS CONDITIONS

On awards of panels the following should be adhered to:-

 Panel award should be to a maximum of three (3) service providers per project/con-
tract.
 For LED programme; one service provider will be eligible to participate in one pro-
ject/contract per financial year. Service providers may not participate in two or more
contracts in order to grant a chance for all service providers to participate in the
panels.
 After award service providers will quote on a rotational basis.

28
 Price negotiation: before awarding contracts the SCM department and evaluation
committee will conduct a market research and negotiate standardized prices with
service provider for cost effectiveness.
 Quotations must be submitted within two days of request, should they not be sub-
mitted in two days it will be cancelled, and the second or following service provider
will be contacted.
 On request of quotations, service providers are requested to decline in writing
should they wish to decline.
 If and should the service provider decline 3 consecutive times, the third time will re-
sult in disqualification.
 Pricing on quotations should be the same as on the bid pricing schedule submitted,
no omissions will be allowed,
 Description on quotations should be the same as per specification submitted.
 Cession agreements will be allowed for R30 000 and above transactions and will be
allowed for only three times per contract/project and financial year.

29
 OKHAHLAMBA LOCAL MUNICIPALITY

CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/1– CO1 04/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE
PERIOD OF THREE YEARS

SPECIFICATION OF CONTRACT

30
 OKHAHLAMBA LOCAL MUNICIPALITY
CORPORATE DEPARTMENT
CONTRACT NO: 8/1/1/4/8– COR 03/2024
APPOINTMENT OF A PANEL FOR PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER
CLEANING MATERIAL FOR THE PERIOD OF THREE YEARS

Okhahlamba Local Municipality is hereby inviting a panel of service providers to supply and deliver
the below material for the period of three (3) years.

SPECIFICATION OF CONTRACT
NO DESCRIPTION OF ITEMS QUANTITY
1 Original liquid soap 5 litres x1
2 Original Handy Andy 5 litres x1
3 Original Bleach 3 litres x1
4 Toilet Cleaner Liquid 3 litres x1
5 Active Clean in -Cistern Blocks 1 box of 12
blocks
6 Window Cleaner 750ml x1
7 Jumbo mop X1
8 Intensive Cleaner for tiles 5 litres x1
9 Dish Clothes Per pack of
12
10 Yellow Dusters Per pack of
12
11 Short feather duster X1
12 Long Feather duster X1
13 Toilet Brush with holder X1
14 Vanishing Polish(white) 500ml x1
15 Furnisher Polish Spray 375ml x1
16 Floor Polish (red) 1liters x1
17 Rubber door mat 3m x 2m x1
18 Soft Brooms X1
19 Demo broom X1
20 Air freshener 180ml x1
21 Tiles Polish 5 litres x1
22 Toilets clothe 1 x roll
23 Jeyes Fluid (99.9% germs killer) 5 litres x1
24 Insect Killer Spray 375ml
25 Hard Protective Gloves (yellow) Per box of 12
x1
26 Cleaning Buckets 15 litres x1
27 Vacuum Cleaning Machine (we/dry- 30 Litres
1220W)
28 Mop for squeeze trolley buckets X1
29 Refuse Bags (black) Pack of 20

NB*
- All products that will be supplied must be SANS or SABS approved.
- All shortlisted service providers will be requested to submit samples of each item.
- Quote per single item
Please note that should a need arise the municipality will request for other cleaning material that
may not be listed on this spec, on adhoc basis.

31
 OKHAHLAMBA LOCAL MUNICIPALITY

CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE
PERIOD OF THREE YEARS

FORMS TO BE COMPLETED BY BIDDER

32
 OKHAHLAMBA LOCAL MUNICIPALITY
CORPORATE DEPARTMENT
CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND DELIVER CLEANING MATERIAL FOR

THE PERIOD OF THREE YEARS

FORM OF BID

FORM OF ACCEPTANCE

DEPARTMENT: ________________________________________________________________

FORM OF BID: ______________________________________________________________________

To: Municipal Manager

P O Box 71
Bergville
3350

1. I/we hereby bid to supply and deliver the goods as and when ordered by the Head of Department at
prices quoted and/or to render all of any of the services described in the attached documents to the
Okhahlamba Local Municipality on the terms and conditions and in accordance with the specifications
stipulated in the bid documents (and which shall be taken as part of, and incorporated into, this bid) at
prices and on the terms regarding time for delivery and/or execution inserted therein.
2. I/we agree that: the offer herein shall remain binding upon me/us and open for acceptance by the
Okhahlamba Local Municipality during the validity period of 90 days indicated and calculated from the
closing time of bid;
2.1. this bid and its acceptance shall be subject to the terms and conditions contained in the Preference
Points Claim Form;
2.2. if I/we withdraw my/our bid within the period for which I/we have agreed that the bid shall remain open
for acceptance, or fail to fulfil the contract when called upon to do so, the Council may, without prejudice
to its other rights, agree to the withdrawal of my/our bid or cancel the contract that may have been
entered into between me/us and the Council and I/we will then pay to the Council any additional expense
incurred by the Council having either to accept any less favourable bid or, if fresh bids have to be invited,
the additional expenditure incurred by the invitation of fresh bids and by the subsequent acceptance of
any less favourable bid. The Council shall also have the right to recover such additional expenditure by
set-off against monies which may be due to become due to me/us under this or any other bid or contract
and pending the ascertainment of the amount of such additional expenditure to retain such monies,
guarantee or deposit as security for any loss the Council may sustain by reasons of my/our default;
2.3. If my/our bid is accepted, the acceptance may be communicated to me/us by letter or order by ordinary
post or registered post and that the SA Post Office Ltd shall be regarded as my/our agent, and delivery
of such acceptance to SA Post Office Ltd shall be treated as delivery to me/us;
2.4. I/we understand that the Council is not bound to accept the lowest or any bid and also reserves the right
to divide the contract between one or more bids;

33
2.5. this bid, together with Council’s written acceptance thereof, shall constitute a binding contract between
us;
2.6. the law of the Republic of South Africa shall govern the contract created by the acceptance of my/our
bid and that I/we choose Dom cilium citadel et executant in the Republic at (full address of this place):

3. I/we furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of
my/our bid, that the price(s) and rate(s) quoted cover all the work/item(s) specified in the bid documents
and that the price(s) and rate(s) cover all my/our obligations under a resulting contract and that I/we
accept that any mistakes regarding price(s) and calculations will be at my/our risk.
4. I/we hereby accept full responsibility for the proper execution and fulfilment of all obligations and conditions
devolving on me/us under the agreement as the Principal(s) liable for the due fulfilment of this contract.
5. I/we agree that any action arising from this contract may in all respects be instituted against me/us and
I/we hereby undertake to satisfy fully any sentence of judgment which may be pronounced against me/us
as a result of such action.
5.1 Are you duly authorized to sign the bid? *
5.2 Has the Declaration of Interest been duly completed and included with the other bid forms?
*

*Delete whichever is not applicable

SIGNATURE: ______________________________________________________

DATE: ______________________________________________________

CAPACITY AND PARTICULARS OF THE AUTHORITY UNDER WHICH THIS BID IS SIGNED:

NAME OF BIDDER: ______________________________________________________

POSTAL ADDRESS: ______________________________________________________

____________________________________________________

TELEPHONE NUMBERS: _________________________________________________

FACSIMILE NUMBERS: ______________________________________________________

BID NUMBER: ______________________________________________________

NAME OF CONTACT PERSON: ______________________________________________

34
Refer to the under-mentioned important Conditions:

IMPORTANT CONDITIONS

1. Failure on the part of the bidder to sign this bid form and thus to acknowledge and accept the conditions
in writing or to complete the attached forms, questionnaire and specifications in all respects, may
invalidate the bid.
2. Bids should be submitted on the official forms and should not be qualified by the bidders own conditions
of bid. Failure to comply with these requirements or to renounce specifically the bidders own conditions
of bid, when called upon to do so, may invalidate the bid.
3. If any of the conditions of this bid form are in conflict with any special conditions, stipulations or
provisions incorporated in the bid, such special conditions, stipulations or provisions shall apply.

35
MBD 3.1

PRICING SCHEDULE – FIRM PRICES

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

IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A

SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT

Name of Bidder…………………………………… Bid Number…………………...

Closing Time ……………. ….. Closing Date ………………………..

OFFER TO BE VALID FOR 90 DAYS FROM THE CLOSING DATE OF BID.

__________________________________________________________________________

ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY

NO. **(ALL APPLICABLE TAXES INCLUDED)

1. Required by: ………………………………….

At: ………………………………….

…………………………………

2. Brand and Model ………………………………….

3. Country of Origin ………………………………….

- Does the offer comply with the specification(s)? *YES/NO

4. If not to specification, indicate deviation(s)………………………………….

5. Period required for delivery ………………………………….

*Delivery: Firm/Not firm

6. Delivery basis …………………………………….

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies.

*Delete if not applicable

36
 MBD 4

DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state¹.

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

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

3.1 Full Name of bidder or his or her representative:……………………………………………..

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

3.3 Position occupied in the Company (director, trustee, hareholder²):………………………..

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

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

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

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

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

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

……………………………………………………………………………………………..

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

(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii) the national Assembly or the national Council of provinces;

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

(c) an official of any municipality or municipal entity;
(d) an employee of any national or provincial department, national or provincial public entity or
constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act
No.1 of 1999);
(e) a member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.

² Shareholder” means a person who owns shares in the company and is actively involved in the

37
 management of the company or business and exercises control over the company.

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

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

…………………………………………………………………………………………….

3.10 Do you have any relationship (family, friend, other) with persons
in the service of the state and who may be involved with
the evaluation and or adjudication of this bid? ………………………………… YES / NO

3.10.1 If yes, furnish particulars.

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

3.11 Are you, aware of any relationship (family, friend, other) between
any other bidder and any persons in the service of the state who
may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars

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

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

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

3.12.1 If yes, furnish particulars.

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

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

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

3.13.1 If yes, furnish particulars.

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

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

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

3.14.1 If yes, furnish particulars:

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

38
4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee

Number

CERTIFICATION

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

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

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

AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

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

…………………………………. ………………………………………
Capacity Name of Bidder

39
OKHAHLAMBA LOCAL MUNICIPALITY

CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE
PERIOD OF THREE YEARS

PROCUREMENT DOCUMENTS

40
 MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT

REGULATIONS 2022

This preference form must form part of all tenders invited. It contains general information and
serves as a claim form for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE
TENDER AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022

1. GENERAL CONDITIONS
1. 1. The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all appli-
cable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all appli-
cable taxes included).

The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included)
and therefore the 80/20 preference point system shall be applicable or

2. Points for this bid shall be awarded for:

(a) Price; and
(b) Specific contract participation goals, as specified in the attached forms.

3. The maximum points for this bid are allocated as follows:

POINTS
PRICE 80
SPECIFIC GOALS 20
Total points for Price and SPECIFIC GOALS 100

1.1 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 pref-
erence points for specific goals are not claimed.

1.2 The organ of state reserves the right to require of a tenderer, either before a tender is adju-
dicated or at any time subsequently, to substantiate any claim in regard to preferences, in
any manner required by the organ of state.

2. DEFINITIONS
(a) “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;
(b) “price” means an amount of money tendered for goods or services, and includes all
applicable taxes less all unconditional discounts;

41
 (c) “rand value” means the total estimated value of a contract in Rand, calculated at the time
of bid invitation, and includes all applicable taxes;
(d) “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 con-
tracts through any method envisaged in legislation that will result in a legal agreement be-
tween 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, ex-
cluding direct sales and disposal of assets through public auctions; and
(e) “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

3.1.1 THE 80/20 OR PREFERENCE POINT SYSTEMS

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

80/20 or 90/10

 Pt  P min   Pt  P min 
Ps  801   Ps  901  
 P min  or  P min 

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

4. POINTS AWARDED FOR SPECIFIC GOALS

4.1 In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,
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 below
as may be supported by proof/ documentation stated in the conditions of this tender:
4.2 In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states
that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of
state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20 or
90/10 preference point system will apply and that the highest acceptable tender will
be used to determine the applicable preference point system; or

42
 (b) any other invitation for tender, that either the 80/20 or 90/10 preference point system
will apply and that the lowest acceptable tender will be used to determine the appli-
cable preference point system,

SPECIFIC GOALS FOR THE TENDER AND POINTS CLAIMED ARE INDICATED PER THE TABLE BELOW.

Number of points Number of points

allocated claimed
(80/20 system) (80/20 system)
(To be completed
(To be completed by the
The specific goals allocated by the organ of
points in terms of this tender state) tenderer)

Race:
*100% Black owned enterprise –
5 points
*51% Black & 49% Other – 4
points
*50% Black & 50% other – 3
points
* Other – 1 Points 05

Gender :
*Women – 2 points 02
*Men – 1 points
Youth (18 – 35years) – 2 points 02
Disabled - 1 points
(medical document proof pro- 01
vided)

Geographical Location (Enter-

prises located in:- 10
* Bergville – 10 points
* Other - 0

Total Specific Goals = ___________________

NB: Proof must be attached for claimed points.

- CK Document
- Certified ID Copy
- Proof of Residents
- Medical Certificate (if applicable)

DECLARATION WITH REGARD TO COMPANY/FIRM

4.3 Name of company/firm…………………………………………………………………….

4.4 Company registration number: …………………………………………………………...

43
4.5 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]

4.6 I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify
that the points claimed, based on the specific goals as advised in the tender, qualifies the
company/ firm for the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indi-
cated 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 4.2, 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 can-
cellation;
(d) recommend that the tenderer or contractor, its shareholders and direc-
tors, 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.

……………………………………….
SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ………………………………………………

DATE: ……………………………………………….
ADDRESS: ……………………………………………….
………………………………………………
………………………………………………

44
 MBD 7.2

CONTRACT FORM - RENDERING OF SERVICES

THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND THE
PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SERVICE
PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED
CONTRACTS FOR THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)

1. I hereby undertake to render services described in the attached bidding documents to (name of the
institution)……………………………………. in accordance with the requirements and task directives
/proposals specifications stipulated in Bid Number………….……….. at the price/s quoted. My offer/s
remains binding upon me and open for acceptance by the Purchaser during the validity period indicated
and calculated from the closing date of the bid.

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

Bidding documents;
Invitation to bid;
Tax clearance certificate;
Pricing schedule(s);
Filled in task directive/proposal;
Preference claims for Broad Based Black Economic Empowerment Status Level of
Contribution in terms of the Preferential Procurement Regulations 2011;
Declaration of interest;
Declaration of Bidder’s past SCM practices;
Certificate of Independent Bid Determination;
Special Conditions of Contract;
General Conditions of Contract; and
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 services 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.

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

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

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

WITNESSES
NAME (PRINT): …………………………….

CAPACITY: ……………………………. 1.…….…………………………….

SIGNATURE: ……………………………. 2……….………………………….

NAME OF FIRM: …………………………….
DATE: ……………………………..
DATE: …………………………….

45
 MBD 7.2

CONTRACT FORM - RENDERING OF SERVICES

PART 2 (TO BE FILLED IN BY THE PURCHASER)

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

accept your bid under reference number ………………dated………………………for the rendering of services
indicated hereunder and/or further specified in the annexure(s).

An official order indicating service delivery instructions is forthcoming.

I undertake to make payment for the services rendered in accordance with the terms and conditions of the
contract, within 30 (thirty) days after receipt of an invoice.

MINIMUM
PRICE (ALL B-BBEE THRESHOLD
DESCRIPTION OF APPLICABLE COMPLETION STATUS LEVEL FOR LOCAL
SERVICE TAXES DATE OF PRODUCTION
INCLUDED) CONTRIBUTION AND CONTENT
(if applicable)

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

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

NAME (PRINT) ………………………………………….

SIGNATURE …………………………………………

OFFICIAL STAMP WITNESSES

….…………………………….

…..…………………………….

DATE: ……………………………..

46
 MBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES

(i) This Municipal Bidding Document must form part of all bids invited.

(ii) 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.

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

abused the municipality’s / municipal entity’s supply chain management system

or committed any improper conduct in relation to such system;

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

willfully neglected, reneged on or failed to comply with any government, municipal

or other public sector contract during the past five years; or

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

(iv) 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 of Yes No
Restricted Suppliers as companies or persons 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 Accounting
Officer/Authority of the institution that imposed the restriction after the
audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the

National Treasury’s website (www.treasury.gov.za) and can be
accessed by clicking on its link at the bottom of the home page.

4.1.1 If so, furnish particulars:

47
4.2 Is the bidder or any of its directors listed on the Register for BID Defaulters in Yes No
terms of section 29 of the Prevention and Combating of Corrupt Activities Act
(No 12 of 2004)?

The Register for BID Defaulters can be accessed on the National

Treasury’s website (www.treasury.gov.za) by clicking on its link at the
bottom of the home page.
(v)

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including a 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:

Item Question Yes No

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?

4.7.1 If so, furnish particulars:

CERTIFICATION

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

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

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

TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

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

………………………………………. …………………………..
Position Name of Bidder

48
 MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

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

1. 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.

2. 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.

3. 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.

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

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

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

49
 MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________
(Bid Number and Description)

In response to the invitation for the bid made by:

___________________________________________________________________________
(Name of Municipality / Municipal Entity)

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

I certify, on behalf of: _______________________________________________________that:

(Name of Bidder)
1. I have read and I understand the contents of this Certificate;

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

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

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

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

(a) Has been requested to submit a bid in response to this bid invitation;
(b) Could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and

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

50
 MBD 9
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.

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.

51
 MBD 9

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

………………………………………………… …………………………………
Signature Date

…………………………………………………. …………………………………
Position Name of Bidder

52
 PARTICULARS OF BIDDER

THE FOLLOWING PARTICULARS MUST BE FURNISHED

(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

Name of Bidder:________________________________________________________

Postal Address _____________________________________________________

__________________________________________

Street Address ______________________________________________________

_________________________________________________________________

Telephone Number

Code ________________Number____________________________

Cell phone Number _______________________________________________________

Facsimile Number Code ________________Number_____________________________

E-mail Address__________________________________________________________

Contact Person________________________________________________________

Company / Enterprise Income Tax

Reference Number:_______________________________________________________

Has an original Tax Clearance Certificate been attached? (MBD2) (Tick one box)

YES NO

Vat Registration Number____________________________________________________

Company Registration No_________________________________________

______________________________________________

Is the Firm registered or does it have a Business Licence(s): (Tick one box)

YES NO

If YES, give details and quote relevant Reference numbers and dates

___________________________________________________________________

___________________________________________________________________

53
Are you the accredited Representative in South Africa for the
Goods / services offered by you?

YES / NO (If YES enclose proof)

A VALID TAX CLEARANCE CERTIFICATE MUST BE ATTACHED TO YOUR BID.

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the firm, affirms
that the information furnished is true and correct.

Signature: _________________________________________

Date: _________________________________________

Duly authorised to sign on behalf of: ________________________________________

Address: ________________________________________

________________________________________

Telephone Number: _______________________________________

Banking Details:

Name of Bank: __________________________________________________

Account Number: _______________________________________________

Branch Code: ______________________________________________

54
 ENQUIRY CONTACT DETAILS

ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:

MUNICIPALITY: OKHAHLAMBA LOCAL MUNICIPALITY

DEPARTMENT: FINANCE DEPARTMENT

CONTACT PERSON: MS T MAPHALALA

TEL: 036 448 8000 (Ext 8056)

FAX: 036 448 1986

ANY ENQUIRIES REGARDING CORPORATE INFORMATION MAY BE DIRECTED TO:

CONTACT PERSON: MR MNTAMBO ME

DEPARTMENT CORPORATE

TEL: 036 448 8000 (Ext 8046)

FAX: 036 448 1986

55
OKHAHLAMBA LOCAL MUNICIPALITY

CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE
PERIOD OF THREE YEARS

PRICING SCHEDULE

56
PRICING SCHEDULE

Service providers are required to quote unit price on the below schedule, quantities will be
specified at the ordering stage.

NO DESCRIPTION QUANTITY PRICE PER UNIT

OF ITEMS YEAR YEAR YEAR
1 2 3
1 Original liquid 5 litres x1
soap
2 Original Handy 5 litres x1
Andy
3 Original Bleach 3 litres x1
4 Toilet Cleaner 3 litres x1
Liquid
5 Active Clean in 1 box of 12
-Cistern Blocks blocks
6 Window 750ml x1
Cleaner
7 Jumbo mop X1
8 Intensive 5 litres x1
Cleaner for tiles
9 Dish Clothes Per pack of
12
10 Yellow Dusters Per pack of
12
11 Short feather X1
duster
12 Long Feather X1
duster
13 Toilet Brush X1
with holder
14 Vanishing 500ml x1
Polish(white)
15 Furnisher 375ml x1
Polish Spray
16 Floor Polish 1liters x1
(red)
17 Rubber door 3m x 2m
mat x1
18 Soft Brooms X1
19 Demo broom X1
20 Air freshener 180ml x1
21 Tiles Polish 5 litres x1
22 Toilets clothe 1 x roll

57
23 Jeyes Fluid 5 litres x1
(99.9% germs killer)
24 Insect Killer 375ml
Spray
25 Hard Per box of
Protective Gloves 12 x1
(yellow)
26 Cleaning 15 litres x1
Buckets
27 Vacuum 30 Litres
Cleaning Machine
(we/dry- 1220W)
28 Mop for X1
squeeze trolley
buckets
29 Refuse Bags Pack of 20
(black)

58
 OKHAHLAMBA LOCAL MUNICIPALITY

CORPORATE DEPARTMENT

CONTRACT NO: 8/1/1/4/8– COR 03/2024

PANEL OF 3 PROVIDERS TO SUPPLY AND

DELIVER CLEANING MATERIAL FOR THE PERIOD
OF THREE YEARS

CHECK LIST

59
CHECK LIST
Ticked by
Ticked by Municipal
No Description Bidder Representative
1
Initial/ Sign of all pages
2 Briefing Session Attended….N/A….
3 Closing/ Bid Submission at 19 April
2024@ 11:00am

4 Form of bid completed

Valid Tax Clearance Certificate with
5 status verification pin attached MBD 2

6 Copy of CK Certificate
Original valid B-BBEE Status Level
7 Verification Certificates or certified
copies
Pricing Schedule completed – MBD 3.1
8
Bid Declaration of interest Completed –
9 MBD 4

10 Preferential Points Claimed – MBD 6.1

11 Preferential % Calculated and claimed

Contract Form - Rendering Of Services –
12 MBD 7.2
Declaration Of Bidder’s Past Supply
13 Chain Management Practices – MBD 8
Certificate Of Independent Bid
14 Determination MBD 9

15 All witnesses signed where it’s required

16 Particulars of Bidders Completed

17 Pricing Schedule

60