Appointment of a Service Providers for Cleaning of Illegal Dumping Sites

{TENDER_DOCUMENTS_TEXT_START} MORETELE LOCAL MUNICIPALITY INVITATION TO TENDER BID NO: MLM/LED/ILLEGAL DUMPING/09/2020_-APPOINTMENT OF A SERVICE PROVIDER FOR CLEANING OF ILLEGAL DUMPING SITES NAME OF BIDDER: ___________________________ TOTAL BID PRICE (Incl. VAT) R_________________________ BID DOCUMENT FEE Receipt No: ____________ (Attach documentary proof) FOREWORD 1 CLEANING OF ILLEGAL DUMPING /LED/09/2020 This document consists of three volumes clustered to form a bid and contract namely: 1. BIDING PROCEDURES This volume contains the bid notice and invitation describing the nature of related works required as well as the bid date outlining the conditions of bid to be complied with by every bidder submitting a bid. 2. RETURNABLE DOCUMENTS This volume contains the returnable schedules and forms to be completed by each bidder for the purpose of evaluating Bids and which will subsequently form part of a contract between successful Bidder and the Employer. 3. THE CONTRACT This volume consists of nine (9) parts, namely: (a) Scope of Work (Project Specifications) (b) Pricing schedule (c) Evaluation criteria (d) Authority to signature (e) General conditions of contract (f) Declaration of interest – MBD4 (g) Declaration of the bidder’s past supply chain management practices – MBD8 (h) Form of Offer and Acceptance (i) Annexures(Attachments) IMPORTANT NOTE Each Bidder must complete the BID SUMMARY PAGE for BID opening purposes following hereafter. 1. BID SUMMARY PAGE: DETAILS OF BIDDER 2 CLEANING OF ILLEGAL DUMPING /LED/09/2020 Name of firm/entity/enterprise Trading as(if different from above) Postal Address Physical Address Contact details of the Bidder proposed Project Manager who will represent the Bidder in the implementation processes Name & Surname: __________________________________ Telephone: ( ) ____________________ Fax: ) ____________________ ( Cell phone: ______________________________ E-mail Address:___________________________ Company Income Tax number VAT Registration number Company Registration number Provide any other Professional Registration applicable to this industry Bidder’s Banking details Name of Bank: ______________________________ Branch name: _______________________________ Branch code:________________________________ Account No:_________________________________ 3 CLEANING OF ILLEGAL DUMPING /LED/09/2020 VOLUME 1 1. TENDER NOTICE AND INVITATION TO TENDER Project No. Project Name Compulsory Briefing date Bid Document Price Evaluation Criteria Document available Closing date MLM/LED/ILL EGAL DUMPING/09/ 2020 Appointment of service providers for cleaning of illegal dumping sites No compulsory briefing for enquiries; tenders@moretele. gov.za R500.00 80/20 Price and BBB-EE status level eTender 18 September 2020 at 12:00 Minimum Quality score : 60% The employer is Moretele Local Municipality represented by the Municipal Manager. A non-refundable deposit of R500.00 payable through bank deposit to Municipal Account. Account Details Account Name: Moretele Local Municipality Bank: ABSA Cheque account No: 405 331 7014 Branch code: 632005 Ref: Company Name (Illegal dumping) APPOINTMENT FOR THE SERVICE PROVIDERS FOR CLEANING OF ILLEGAL DUMPING SITES BID No. MLM/LED/ILLEGAL DUMPING/09/2020 Closing date 18 September 2020 No late BIDs will be accepted. Moretele Local Municipality reserves the right to accept the whole or part of any bid and further reserves the right to readvertise if it so wishes to. No reason for the acceptance or rejection of any bid will be given. Bids will be adjudicated according to the Moretele Local Municipality’s Supply Chain Management Policy, the Preferential Procurement Policy Framework Act, (Act No. 5 of 2000) and the Preferential Procurement Regulations 2011, as well as the broad Based Black Economic Empowerment Act (Act 53 of 2003). Bids will remain valid for 120 days. Enquiries may be directed to Mr T Mohalanyane (012) 716 1329, Mrs M Phenya tel :( 012) 716 1414 [email protected] __________________ MR BT. MAKWELA Acting Municipal Manager (Moretele Local Municipality) VOLUME 2 4 CLEANING OF ILLEGAL DUMPING /LED/09/2020 (RETURNABLE DOCUMENTS) RETURNABLE SCHEDULES, FORMS, CERTIFICATES AND DOCUMENTS REQUIRED FOR BID EVALUATION PURPOSES 1. Valid original SARS Tax clearance certificate and a PIN issued by SARS 2. Company profile 3. Certified Identity Document of Director(s) 4. Authority of Signature 5. Key personnel Curriculum Vitae and certified copies of qualification attached 6. Company registration documents 7. Certified Copy or Original B-BBEE Status Level Validation Certificate 8. Municipal rates and taxes not older that three months/Letter of good standing/Lease agreement 9. Proof of purchase for tender documents 10. Proof of Bidders banker 11. Terms of Reference (methodology) and Project Plan for Implementation including Waste Management Plan 12. Company Experience on similar Projects Undertaken 13. Central Supplier Database Registration Summary Report VOLUME 3 5 CLEANING OF ILLEGAL DUMPING /LED/09/2020 (THE CONTRACT) 3. PROJECT PURPOSE The waste collection will be operated in accordance with the municipal bylaws and policies regarding waste minimizing ,storage, collection and transportation and final disposal at the licenced facility.Due regards will also be given to the Waste Management Act (ACT NO 59 of 2008) and National Environmental Act (ACT NO 17 of 1998). 3.1 INTRODUCTION Moretele Local Municipality is embarking on cleaning of illegal dumping which is a serious chaalange faced by the municipality in most of the areas iin the jurisdiction. The challenges associated with culture of littering and illegal dumping is because of lack of education and awareness. 3.2 SCOPE OF WORK There are various illegal dumping areas in theMoretele Local Municipality jurisdiction area across all the 76 villages in most of the wards . The following are the Scope of work is expected from the prospective service provider: 3.2.1. Cleaning of the illegal dumping sites in all identified spots: 3.2.2 Emptying of skip bins and cleaning its surroundings 3.2.3 Conducting awareness and clean-up campaigns 3.2.4 Applications of pesticides on municipal control skips 3.2.10 REQUIREMENTS • • • • Vehicles-the successful bidder must provide maintained vehicles,front end loaders,drivers and diesel for daily operations. Project Manager Operational plan- must cover the collection, cleaning and litter picking in all serviced areas including collection timeframes Provision of equipments-suceesfull bidder must ensure that waste pickers , PPE,spades ,safety gloves and all necessary equipments are provided. 6 CLEANING OF ILLEGAL DUMPING /LED/09/2020 • Project Implementation Plan 3.3.4 DURATION The service provider will be appointed for the period of two years. 4.1 PRICING SCHEDULE 4.1.1 Total amount indicated above includes all cost that the bidder will bear in line with the scope of work outlined as per relevant regulation. 4.1.2 Tender prices shall remain firm for the duration of the contract (2 years) until the end of the contract 4.2 OVERVIEW ON EVALUATION PROCESS Method 4 – Financial, Quality and Preference Offer 1) Score quality, rejecting all bid offers that fail to score the minimum number of points for quality stated in the bid. 2) Score bid evaluation points for financial offer. 3) Confirm that Bidders are eligible for the preferences claimed, and if so, score bid evaluation points for referencing . 4) Calculate total bid evaluation points. 5) Rank bid offers from the highest number of bid evaluation points to the lowest. 6) Recommended Bidder with the highest number of bid evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.In the event that two or more bidders score equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE. However, when functionality is part of the valuation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. 4.2.1 STAGE EVALUATION 7 CLEANING OF ILLEGAL DUMPING /LED/09/2020 Stage 1 - Responsiveness All bids will on opening and before detailed evaluation, be tested whether each bid offer properly received: a) meets the requirements of these Conditions of bid, b) has been properly and fully completed and signed, and c) is responsive to the other requirements of the bid documents. Items of key importance to be addressed in the test for responsiveness are: 1. Valid original SARS Tax clearance certificate and a PIN issued by SARS 2. Company profile 3. Certified Identity Document of Director(s) 4. Authority of Signature 5. Key personnel Curriculum Vitae and certified copies of qualification attached 6. Company registration documents 7. Certified Copy or Original B-BBEE Status Level Validation Certificate 8. Municipal rates and taxes not older that three months/Letter of good standing/Lease agreement 9. Proof of purchase for tender documents 10. Proof of Bidders banker 11. Terms of Reference (methodology) and Project Plan for Implementation including Waste Management Plan 12. Company Experience on similar Projects Undertaken 13. Central Supplier Database Registration Summary Report Bids will be considered non-responsive if inter-alia: • The Bidder has dismantled the bid document. • The bidder has not initialed and completed the document • The bid is not in compliance with the full scope of work • The bidder has not completed and/or signed the offer portion in the tender document. • The Bidder has failed to clarify or submit any supporting documentation within the 8 CLEANING OF ILLEGAL DUMPING /LED/09/2020 time for submission in the employer’s written request. 4.3.1.Clarification of a bid offer Obtain clarification from a Bidder on any matter that could give rise to ambiguity in a contract arising from a bid offer. 4.3.2 Evaluation of Bids Add the following: The procedure for the evaluation of responsive bid is Method 4. The total score for financial offer, quality and preference will be calculated as follows: NOTE: NT = Wc + Np where, NT = Total score awarded to the Bidder(s) under consideration (max 100) Wc = Score for Quality and Financial offer (80) Np = Score for preferences (max 20) If, after bids have been brought to comparative level, two or more bids score equal total evaluation points, the recommended Bidder shall be one scoring the highest number of preference points. A AREAS TO BE INCLUDED IN EVALUATION PROCESS RELEVANT EXPERTISE The Schedule of Relevant Expertise must be completed, detailing the proposed service provider team/ individuals (including identification of any subconsultants if applicable) as follows: • Names: with team/ project leader and main contact person clearly identified, and • professional registration with prescribed institutions. List of recent work undertaken in similar/related fields. It is essential that suitably qualified and experienced personnel be assigned to this project. 9 CLEANING OF ILLEGAL DUMPING /LED/09/2020 B RECENT AND PREVIOUS EXPERIENCE The schedule of previous experience listing recent and previous work of a similar nature undertaken by the firm or individuals. Provide proof of relevant experience from three references. 4.4.1 The Evaluation Criteria for Functionality and Quality are as follows: Only tenderers who score a minimum score of 60 points in respect of the following functionality criteria will proceceed to the price preference goals Description of Quality Maximum Number of Criteria Tender Evaluation points 1.1 Tenderer Experience 20 1.2 Key staff 10 1.3 Resources and equipments 40 1.4 Impelemetaion Plan 30 The 80/20 principle will apply in terms of the Preferential Procurement Policy Framework Act 5 of 2000. 80 Points will be allocated to price and 20 Points will be allocated to the BBBEE contribution level 10 CLEANING OF ILLEGAL DUMPING /LED/09/2020 EVALUATION CRITERIA Item Criteria No 1. Company Experience CLEANING OF ILLEGAL DUMPING SITES 1.1 (Appointment letter should be attached) Over 7 similar assignments / projects 4 - 6 similar assignments / projects 1 - 3 similar assignments / projects No similar assignments / projects CLEANING OF ILLEGAL DUMPING SITES 1.2 IMPLEMETATION PLAN BRIEF AND DETAILED IMPLEMENTATION PLAN • • • • • • • • 2. 2.1 3. 3.1 3.1 Management of trucks Cleaning of illegal dumping sites Company organogram Preliminary programme according to the scope given Service plan for the trucks Break down plan Risk Mitigation plan, draft Maintenance lease agreement and Short Term Rental Agreement List of registered vehicles in fleet, model year, capacity, number of kilometers on log book WEIGHTING Total Score 25 20 15 0 25 All 8 points covered 25 Six points covered 20 25 Four points covered 15 Less than four or no points covered 0 FINANCIAL REFERENCES Tenderer submitted banking details, proof attached & bank rating of: Bank rating of “A&B” 5 Bank rating of “C” 3 Bank rating of “D” Bank rating of “E” & below KEY PERSONNEL Project/Contract manager has B. Tech/higher in environmental management and has between 5 and 10 years’ experience Project/Contract manager has ND in environmental management and has between 5 and 10 years’ experience Project/Contract manager has Certificate in environmental management and has between 5 and 10 years’ experience 2 1 5 15 10 5 11 CLEANING OF ILLEGAL DUMPING /LED/09/2020 30 Project/Contract manager has B. Tech, ND or Certificate in environmental management 0 and has less than 5 years’ experience 3.2 3.2 3.3 3.3 4. Supervisor has NQF Level 5 and has more than 3 years’ experience in environmental mangement or related works Supervisor has NQF Level 5and has less than 3 years’ experience environmental management or related Site Foreman has NQF level 2,3 or 4 and has 4 0r less years experience in environmental management or related works Site Foreman has NQF level 2,3 or 4 and has 5 or more years experience in environmental management or related works 10 5 5 3 COMPANY PROFILE Skipper truck, Tipper truck and TLB – Own 15 (Attach proof) Skipper truck, Tipper truck and TLB – Owning two or less with letter of intent to hire 10 (Attach proof) 15 LOCAL AND NON LOCAL LABOURERS In order to complete the work under this contract , I/We propose to employ the following number to carry out the portion /type of work as detailed LOCAL: ……………………………. NON LOCAL : ………………………….. 12 CLEANING OF ILLEGAL DUMPING /LED/09/2020 Management and Supervision Staff In order to manage and suoervice this project, the following is the staff we propose to be on site: Name Role Experience NQF level 4.4.2 BBBEE points in terms of the Preferential Procurement Policy Framework Act Regulations will be allocated as follows: B-BBEE Status Level of Number of points Contributor (80/20 system) 1 20 2 18 3 16 4 12 5 8 6 6 13 CLEANING OF ILLEGAL DUMPING /LED/09/2020 B-BBEE Status Level of Number of points Contributor (80/20 system) 7 4 8 2 Non-compliant contributor 0 NB: Moretele Local Municipality will verify all the information submitted in terms of this bid and any information that is incorrect will result in that bid being automatically disqualified and not considered further. 5.1 AUTHORITY TO SIGNATURE Indicate the status of the Bidder by ticking the appropriate box hereunder. The Bidder must complete the certificate set out below for the relevant category. (I) (II) (III) (IV) (V) Company Close Partnership Joint Venture Sole Proprietor Corporation Signatories for Companies, Close Corporations, Partnerships, Joint Ventures or Sole Proprietors must establish their authority thereto by attaching a copy of the relevant resolution of their Board of Directors, Members or Partners duly signed and dated. Examples are shown below. 14 CLEANING OF ILLEGAL DUMPING /LED/09/2020 (I) Certificate for Company I, …………………………………………., chairperson of the Board of Directors of ……………………………………........……………, hereby confirm that by resolution of the Board (copy attached) taken on …………………… …………….........................………………, acting in 20…….., Mr/Ms the capacity of ………………………………………………, was authorized to sign all documents in Connection with the Bid no: MLM/LED/CLEANING OF ILLEGAL DUMPING/09/2020 and any contract resulting from it, on behalf of the company. Chairman: …………………………………………………………. As Witness: 1. …………………………………………………… 2. …………………………………………………... Date : ……………………………………………………….. (II) Certificate for Close Corporation We, the undersigned, being the key members in the business trading as …………………………………………., hereby authorize Mr/Ms ………..........……………………………, acting in the capacity of …………………………………………to sign all documents in connection with the Bid for MLM/LED/CLEANING OF ILLEGAL DUMPING/09/2020 and any contract resulting from it, on our behalf. Name Address 15 CLEANING OF ILLEGAL DUMPING /LED/09/2020 Signature Date Note : This certificate is to be completed and signed by all of the key members upon whom rests the directions of the affairs of the Close Corporation as a whole. (III) Certificate for Partnership We, the undersigned, being the key partners in the business trading as, …………………………………………………..................................................………….here by authorize Mr/Ms. ……………………………….............................................……acting in the capacity of …………………………………............................…………………, to sign all documents in connection with the Bid for MLM/LED/CLEANING OF ILLEGAL DUMPING/09/2020 and any contract resulting from it, on our behalf. Name Address Signature Date Note : This certificate is to be completed and signed by all of the key members upon whom rests the direction of the affairs of Partnership as a whole. (IV) Certificate for Joint Venture (JV) We, the undersigned, are submitting this Bid offer in Joint Venture and hereby authorize Mr/Ms …………………………………….........................................……,authorized signatory of the company…………….........................……..................……….. acting in the capacity of lead partner, to sign all documents in connection with the Bid offer for MLM/LED/CLEANING OF ILLEGAL DUMPING/09/2020 and any contract resulting from it, on our behalf. This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners to the Joint Venture. 16 CLEANING OF ILLEGAL DUMPING /LED/09/2020 Name of Company Address Duly Authorized Signature Lead Partner Signature Name Designation Lead Partner Signature Name Designation Note : This certificate is to be completed and signed by all of the key partners upon whom rests the direction of the affairs of individual Companies. (V) Certificate for Sole Proprietor I, ………………………………………………………………., hereby confirm that I am the sole owner of the business ……………………………………………………………………. Signature of Sole Owner : ………………………………… Date: ........................................... As Witnesses: ………………………………………… Date: ............................................ 17 CLEANING OF ILLEGAL DUMPING /LED/09/2020 trading as 6.1 GENERAL CONDITION 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 18 CLEANING OF ILLEGAL DUMPING /LED/09/2020 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 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. 19 CLEANING OF ILLEGAL DUMPING /LED/09/2020 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 noncompetitive 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. 20 CLEANING OF ILLEGAL DUMPING /LED/09/2020 1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. 1.26 “Tort” means in breach of contract . 1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing. 2. Application 2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services (excluding professional services related to the building and construction industry), sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. 2.2 Where applicable, special conditions of contract are also laid down to cover specific goods, services or works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions 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 document 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, 21 CLEANING OF ILLEGAL DUMPING /LED/09/2020 drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser. 5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. 6. Patent Rights 6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 6.2 When a supplier developed documentation / projects for the municipality / municipal entity, the intellectual, copy and patent rights or ownership of such documents or projects will vest in the municipality / municipal entity. 7. Performance security 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful 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 22 CLEANING OF ILLEGAL DUMPING /LED/09/2020 (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 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 23 CLEANING OF ILLEGAL DUMPING /LED/09/2020 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. 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; 24 CLEANING OF ILLEGAL DUMPING /LED/09/2020 (c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; (d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and (e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation ,maintenance, and/or repair of the supplied goods. 13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services. 14. Spare parts 14.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier: (a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract ;and; (b) in the event of termination of production of the spare parts: (i) advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and (ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested. 15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further 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. 25 CLEANING OF ILLEGAL DUMPING /LED/09/2020 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. 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. 26 CLEANING OF ILLEGAL DUMPING /LED/09/2020 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 this 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. 27 CLEANING OF ILLEGAL DUMPING /LED/09/2020 22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23. 23. Termination for default 23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may terminate this contract in whole or in part: (a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2; (b) if the supplier fails to perform any other obligation(s) under the contract; or (c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract. 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. 28 CLEANING OF ILLEGAL DUMPING /LED/09/2020 23.5 . Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the purchaser actively associated. 23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury ,with the following information: (i) the name and address of the supplier and / or person restricted by the purchaser; (ii) the date of commencement of the restriction (iii) the period of restriction; and (iv) the reasons for the restriction. These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from doing business with the public sector. 23.7 . If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be perused on the National Treasury website. 24. Antidumping and countervailing duties and rights 24.1 When, after the date of bid, provisional payments are required, or antidumping 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 antidumping 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 29 CLEANING OF ILLEGAL DUMPING /LED/09/2020 or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to goods or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him. 25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure. 25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event. 26. Termination for insolvency 26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser. 27. Settlement of Disputes 27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. 27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party. 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. 30 CLEANING OF ILLEGAL DUMPING /LED/09/2020 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 interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser ,whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment. 29. Governing language 29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English. 30. Applicable law 30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified. 31. Notices 31.1 Every written acceptance of a 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 CLEANING OF ILLEGAL DUMPING /LED/09/2020 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. 32 CLEANING OF ILLEGAL DUMPING /LED/09/2020 7.1 DECLARATION OF INTEREST 1. 2. 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 thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest. 3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 3.1 Full Name: ………………………………………………………………………… 3.2 Identity Number: ………………………………………………………………… 3.3 Company Registration Number: ………………………………………………… 3.4 Tax Reference Number: ………………………………………………………… 3.5 VAT Registration Number: ……………………………………………………… 3.6 Are you presently in the service of the state 3.6.1 YES / NO If so, furnish particulars. ………………………………………………………………  MSCM 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. 33 CLEANING OF ILLEGAL DUMPING /LED/09/2020 ……………………………………………………………… 3.7 Have you been in the service of the state for the past twelve months? YES / NO 3.7.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… 3.8 Do you, have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? 3.8.1 If so, furnish particulars. YES/NO ……………………………………………………… ……………………………………………………… 3.8.2 Are you, aware of any relationship (family, friend, other) between a bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? 3.9.1 If so, furnish particulars YES/NO ……………………………………………………… ……. ……………………………………………………… … 34 CLEANING OF ILLEGAL DUMPING /LED/09/2020 YES/NO 3.10 Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.10.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… 3.11 Are any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.11.1 If so, furnish particulars. YES/ NO ……………………………………………………………… ……………………………………………………………… CERTIFICATION I, THE UNDERSIGNED (NAME) ……………………………………………………………………… 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. ………………………………….. Signature ………………………………. Date Position ………………………………………. Name……………………………………….. Page 35 CLEANING OF ILLEGAL DUMPING 7.2 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document form part of the bid. 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 Item 4.1 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Question Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). Yes Yes No No Yes No 4.1.1 If so, furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445). 4.2.1 If so, furnish particulars: Page 36 CLEANING OF ILLEGAL DUMPING 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? Yes No Yes Yes No No Yes No 4.3.1 If so, furnish particulars: Item 4.4 Question Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? 4.4.1 If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? 4.7.1 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 Page 37 CLEANING OF ILLEGAL DUMPING ………………………………………. Position ………………………….. Name of Bidder 7.3 FORM OF OFFER AND ACCEPTANCE A. OFFER The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract in respect of the following works: BID NO: MLM/LED/CLEANING OF THE ILLEGAL DUMPING/09/2020 INVITATION TO TENDER: CLEANING OF THE ILLEGAL DUMPING The Bidder, identified in the Offer signature block below, has examined the documents listed in the Bid , and by submitting this Offer has accepted the Conditions of Bid. By the representative of the Bidder, deemed to be duly authorized, signing this part of this Form of Offer and Acceptance, the Bidder offers to perform all of the obligations and liabilities of the Service Provider under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Bid identified. THE OFFERED TOTAL OF THE PRICES IS ALL INCLUSIVE OF VALUE ADDED TAX ................................................................................................................................................… Rand (in words); R………………………………………… (in figures), (or other suitable wording). This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document to the Bidder before the end of the period of validity stated in the Bid , whereupon the Bidder becomes the party named as the Service Provider in the Conditions of Bid . Page 38 CLEANING OF ILLEGAL DUMPING FOR THE BIDDER: ----------------------------------------------------------------------------------Signature -----------------------------------------------------------------------------------Name Capacity Name and Address of Organization Name : -------------------------------------------------------------------------------- Address : --------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Signature and Name of Witness ----------------------------------------------------------------------------------Signature -----------------------------------------------------------------------------------Name Date: --------------------------------------------- Page 39 CLEANING OF ILLEGAL DUMPING B. ACCEPTANCE By signing this part of this FORM OF OFFER AND ACCEPTANCE, the Employer identified below accepts the Bidder’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the, Conditions of Bid identified in the Bid . Acceptance of the Bidder’s Offer shall form an agreement, between the Employer and the Bidder upon the terms and conditions contained in this Agreement and in the, Contract that is the subject of this Agreement. Notwithstanding anything contained herein, this Agreement comes into effect on the date when the Bidder receives one fully completed original copy of this document. Unless the Bidder (now Service Provider) within five days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this Agreement, this Agreement shall constitute a binding contract between the parties, FOR THE EMPLOYER: ----------------------------------------------------------------------------------Signature -----------------------------------------------------------------------------------Name ------------------------------------------------------------------------------------Capacity Name and Address of Organization Name: _____________________________________________________________________ Address: ________________________________________________________________ __________________________________________________________________________ _______________ Page 40 CLEANING OF ILLEGAL DUMPING Signature and Name of Witness Signature ------------------------------------------------------------------------------Name Date: --------------------------------------------- Page 41 CLEANING OF ILLEGAL DUMPING Appointment of a Service Providers for Cleaning of Illegal Dumping SitesBid Number:MLM/LED/ILLEGAL DUMPING/09/2020Bid Description:APPOINTMENT OF SERVICE PROVIDERS FOR CLEANING OF ILLEGAL DUMPING SITESName of Institution:MORETELE LO