Appointment of Panel of Four (4) Service Providers for the Provision of Services (boreholes and Tankering) for the Dihlabeng Rural Water Supply Scheme for a Period of Three (3) Years from the Date of Appointment

{TENDER_DOCUMENTS_TEXT_START} PROJECT NAME: APPOINTMENT OF A PANEL OF FOUR SERVICE PROVIDERS FOR THE PROVISION OF SERVICES (BOREHOLES AND TANKERING)FOR DIHLABENG RURAL WATER SUPPLY SCHEME FOR A PERIOD OF (3) YEARS. TENDER NO: PW 89/2020 BID SUBMITTED BY: NAME OF BIDDING ENTITY : …………………………………………………………………… ADDRESS : …………………………………………………………………… CSD NUMBER : …………………………………………………………………… CONTACT PERSON : …………………………………………………………………… BID AMOUNT : …………………………………………………………………… (RATES) ISSUED BY: Dihlabeng Local Municipality No. 9 Muller Street P.O. Box 551 BETHLEHEM 9700 Tel. No.: (058) 303 5732 Fax No.: (058) 303 4703 CLOSING DATE and TIME 1|P a g e : 16 November 2020 @ 12:00 INDEX SECTION 1 PAGE 1.1 INVITATION TO TENDER 3 1.2 TENDER CONDITIONS AND INFORMATION 4 1.3 GENERAL CONDITIONS OF CONTRACT 12 1.4 SPECIAL CONDITIONS OF CONTRACT 22 2.1 SPECIFICATIONS 23 2.2 PRICING SCHEDULE 31 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF DIHLABENG LOCAL MUNICIPALITY 38 MBD4: DECLARATION OF INTEREST 41 SECTION 2 SECTION 3 3.1 SECTION 4 4.1 4.2 4.3 MBD6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 MBD 6.2: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS 44 52 4.4 MUNICIPAL RATES AND TAXES 54 4.5 AUTHORISED SIGNATORY 55 4.6 MBD8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 56 4.7 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 58 SECTION 5 DECLARATION 61 SECTION 6 CONTRACT FORM 62 2|P a g e SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 16 November 2020 TENDER PW89/2020: APPOINTMENT OF A PANEL OF FOUR SERVICE PROVIDERS FOR THE PROVISION OF SERVICES (BOREHOLES AND TANKERING) FOR DIHLABENG RURAL WATER SUPPLY SCHEME FOR A PERIOD OF (3) YEARS. Tenders are hereby invited from service providers for the appointment of a panel of four service providers for the provision of services (boreholes and tankering) for Dihlabeng rural water supply scheme for a period of (3) years. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to Mr ML Ramulwela at telephone 058 303 5732. A set of tender documents can be obtained at a non-refundable cost of R1000 per set at Municipal Supply chain, 09 Mullet street, Bethlehem, 9700. Fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor at the Dihlabeng Local Municipality Main Building, 09 Muller Street, by not later than 12h00 on Monday, 16 November 2020 before the specified closing date and time. The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. The tender will be evaluated on the 80/20 Preference Points system as prescribed by the Preferential Procurement Regulations, 2017. Only the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2017 will be accepted by the municipality. The tender box will be emptied just after 12:00 on the closing date as above, hereafter all bids will be opened in public. Late tenders or tenders submitted by e-mail or fax will under no circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or to reject any tender or to accept a part of it. The Municipality does not bind itself to accepting the lowest tender or award a contract to the bidder scoring the highest number of points. The municipality reserves the right to reject any or all bids at any time. Mr LI Mokgatlhe ACTING MUNICIPAL MANAGER 3|P a g e SECTION 1.2: TENDER CONDITIONS AND INFORMATION 1.2.1 General and Special Conditions of Contract The General Conditions of Contract (GCC), CIDB as well as Special Conditions of Contract (SCC) forming part of this set of tender documents will be applicable to this tender in addition to the conditions of tender. Where the GCC, CIDB and SCC are in conflict with one another, the stipulations of the SCC will prevail. 1.2.2 Acceptance or Rejection of a Tender The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or to reject any tender or to accept a part of it. The Municipality does not bind itself to accepting the lowest tender or the tender scoring the highest points. 1.2.3 Validity Period Bids shall remain valid for ninety (90) days after the tender closure date. 1.2.4 Cost of Tender Documents Payment for tender documents, if specified, must be made by a crossed cheque payable to the Municipality of Dihlabeng Local Municipality. These costs are non-refundable. 1.2.5 Registration on Central Supplier Database It is expected of all prospective service providers who are not yet registered on the Central Supplier Database to register without delay as prescribed. The Municipality reserves the right not to award tenders to prospective suppliers who are not registered on the Central Supplier Database. 1.2.6 Completion of Tender Documents a) The original tender document must be completed fully in black ink and signed by the authorised signatory to validate the tender. Section 5: DECLARATION must be completed and signed by the authorised signatory and returned. Failure to do so will result in the disqualification of the tender. b) Tender documents may not be retyped. Retyped documents will result in the disqualification of the tender. c) The complete original tender document must be returned. Missing pages will result in the disqualification of the tender. This document consist of 61 pages. d) No unauthorised alteration of this set of tender documents will be allowed. Any unauthorised alteration will disqualify the tender automatically. 1.2.7 Compulsory Documentation: Bid Evaluation Criteria The bids will be evaluated in three (3) stages, namely:    Stage 1 : Responsiveness Stage 2 : Financial Offer and Preference Evaluation (80/20) Stage 3 : Risk Analysis 4|P a g e STAGE 1: RESPONSIVENESS a) b) c) d) Proof of registration on Central Supplier Database for Government Certificate of authority for signatory (Signed) Joint Venture Agreement and Power of Attorney, in case of a Joint Venture; Proof of payment of Municipal Services, which is not more than three (3) months old and not more than ninety (90) days in arrears. If Municipal Services are paid by the landlord, in the case where the bidder is leasing the premises occupied, a copy of the valid Lease agreement and proof of payment of Municipal Services, which is not more the three (3) months old and not more than ninety (90) days in arrears, must be submitted; e) Tender Document completed in full including “ALL” the line items on the bill of quantity STAGE 2 – FINANCIAL OFFER AND PREFERENCE EVALUATION All responsive bids that qualify by meeting the minimum thresholds for functionality are then evaluated on the basis of price and preference in accordance with the Preferential Procurement Regulations 2017 (Government Gazette No. 40553 dated 20 January 2017). The points scored for functionality are not carried over or considered in the calculation of the Financial and Preference evaluation. All responsive bids that have achieved the minimum qualification score for functionality shall be evaluated further in terms of the preference point system prescribed in regulation 6 and 7 of the Preferential Procurement Regulations 2017 (Government Gazette No. 40553 dated 20 January 2017). i.e.: The following formula must be used to calculate the points for price in respect of bids with a Rand value above R30 000.00 and up to a Rand value of R50 million (all applicable taxes included): Where: P = Points scored for comparative price of bid or offer under consideration; Pt = Comparative price of bid or offer under consideration, and; Pmin = Comparative price of lowest acceptable bid or offer. Subject to sub-regulation (3) below, points must be awarded to a Bidder for attaining their B-BBEE status level of contributor in accordance with the table below: B-BBEE STATUS LEVEL OF CONTRIBUTOR 1 2 3 4 5 6 7 8 Non-compliant contributor NUMBER OF POINTS 20 18 14 12 8 6 4 2 0 (3) A tenderer must submit proof of its B-BBEE status level of contributor. (4) A tenderer failing to submit proof of B-BBEE status level of contributor or is a Non-compliant contributor to B-BBEE may not be disqualified, but(a) May only score points out of 80 for price; and (b) Scores 0 points out of 20 for B-BBEE. (5) A tenderer may not be awarded points for B-BBEE status level of contributor 5|P a g e if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract. (6) The contract shall be awarded to a Panel of Six (6) Bidders who score the highest total number of points. NB: “The bid price (Total Rates) is strictly for evaluation purposes only” and it must be VAT Inclusive. STAGE 3: RISK ANALYSIS In addition to the evaluation of Responsiveness and Functionality, a risk analysis will be performed on the bidders having the highest ranking/number of points to ascertain if any of the following, as relevant, present an unacceptable commercial risk to the employer in terms of: Bid offers will only be accepted if : a) the bidder has submitted a compliant Central Supplier Database information/ Pin or has made arrangements to meet outstanding tax obligations or any other obligations; b) the bidder or any of its directors is not listed on the Register of Bid Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector; c) the bidder has not : i) abused the Employer’s Supply Chain management system; or ii) failed to perform on any previous contract and has been given a written notice to this effect; and e) the bidder has completed the Compulsory Enterprise Questionnaire and there is no conflict of interest which may impact on the bidder’s ability to perform the contract in the best interests of the Employer or potentially compromise the bid process. f) the bidder does not have arrears on municipal rates and levies exceeding 3 months. g) the bidder has not deviated from the whole or part of this document h) the bidder has completed all forms and has priced on “ALL” the line items on Bill of Quantity and a service provider should comply with the specifications, Warranty period should be stipulated for the materials to be supplied, failure to stipulate will lead to disqualification of this tender. 6|P a g e 1.2.8 Other Documentation 1.2.8.1 Construction Industry Development Board (CIDB) (If applicable) When applicable, the bidder’s CIDB registration number must be included with the tender. The Municipality will verify the bidder’s CIDB registration during the evaluation process. 1.2.9 Authorised Signatory (a) A copy of the recorded Resolution taken by the Board of Directors, members, partners or trustees authorising the representative to submit this bid on the bidder’s behalf must be attached to the Bid Document on submission of same. (b) A bid shall be eligible for consideration only if it bears the signature of the bidder or of some person duly and lawfully authorised to sign it for and on behalf of the bidder. (c) If such a copy of the Resolution does not accompany the bid document of the successful bidder, the Municipality reserves the right to obtain such document after the closing date to verify that the signatory is in order. If no such document can be obtained within a period as specified by the Municipality, the bid will be disqualified. 1.2.10 Site / Information Meetings (a) Site or information meetings, if specified, are compulsory. Bids will not be accepted from bidders who have not attended compulsory site or information meetings. Bidders that arrive 15 minutes or more after the advertised time the meeting starts will not be allowed to attend the meeting or to sign the attendance register. If a bidder is delayed, he must inform the contact person before the meeting commence and will only be allowed to attend the meeting if the chairperson of the meeting as well as all the other bidders attending the meeting, give permission to do so. (b) All partners or the leading partner of a Joint Venture must attend the compulsory site or information meeting. 1.2.11 Samples Samples, if requested, are to be provided to the Municipality with the tender document or as stipulated. 1.2.12 Quantities of Specific Items If tenders are called for a specific number of items, the Municipality reserves the right to change the number of such items to be higher or lower. The successful bidder will then be given an opportunity to evaluate the new scenario and inform the Municipality if it is acceptable. If the successful bidder does not accept the new scenario, it will be offered to the second-placed bidder. The process will be continued to the Municipality’s satisfaction. 1.2.13 Submission of Tender (a) The tender must be placed in a sealed envelope, or envelopes when the two-envelope system is specified, clearly marked with the tender number, title as well as closing date and time and placed in the tender box on the Lower Ground floor at the Municipality Head Quarter’s by not later than 12:00 on Monday, 5 October 2020. 7|P a g e NB! Faxed, e-mailed and late tenders will not be accepted. Tenders may be delivered by hand, by courier, or posted at the bidder’s risk and must be received by the deadline specified above, irrespective of how they are sent or delivered. 1.2.14 Expenses Incurred in Preparation of Tender The Municipality shall not be liable for any expenses incurred in the printing, preparation and submission of the tender. 1.2.15 Contact with Municipality after Tender Closure Date Bidders shall not contact the Dihlabeng Local Municipality on any matter relating to their bid from the time of the opening of the bid to the time the contract is awarded. Any effort by the firm to influence the Dihlabeng Local Municipality in the bid evaluation, bid comparison or contract award decisions may result in the rejection of the bid. 1.2.16 Opening, Recording and Publications of Tenders Received (a) Tenders will be opened on the closing date immediately after the closing time specified in the tender documents. If requested by any bidder present, the names of the bidders, and if practical, the total amount of each bid and of any alternative bids will be read out aloud. (b) Details of tenders received in time will be recorded in a register which is open to public inspection. (c) Faxed, e-mailed and late tenders will not be accepted. 1.2.17 Evaluation of Tenders Tenders will be evaluated in terms of their responsiveness to the tender specifications and requirements as well as such additional criteria as set out in this set of tender documents. 1.2.18 Procurement Policy Bids will be awarded in accordance with the Preferential Procurement Regulations, 2001 pertaining to the Preferential Procurement Policy Framework Act, No 5 of 2000 and its amendments as well as the Municipality’s Supply Chain Management Policy. 1.2.19 Contract (a) The successful bidder will be expected to sign the agreement in Section 6 of this bid document. The signing of both Parts of Section 6 of this bid document signifies the conclusion of the contract. The Municipality, at its discretion, may request the signing of an additional Service Level Agreement which, together with the signed tender document, will constitute the full agreement between the Municipality and the successful bidder. 8|P a g e 1.2.20 Subcontracting (a) The Contractor shall not subcontract the whole of the Contract. (b) Except where otherwise provided by the Contract, the Contractor shall not subcontract any part of the Contract without the prior written consent of the Municipality, which consent shall not be unreasonably withheld. (c) The contractual relationship between the Contractor and any subcontractors selected by the Contractor in consultation with the Municipality in accordance with the requirements of and a procedure contained within the Scope of Work, shall be the same as if the Contractor had appointed the subcontractor in terms of paragraph (b) above. (d) Any consent granted in accordance with paragraph (b) or appointment of a subcontractor in accordance with paragraph (c) shall not imply a contract between the Municipality and the subcontractor, or a responsibility or liability on the part of the Municipality to the subcontractor and shall not relieve the Contractor from any liability or obligation under the Contract and he shall be liable for the acts, defaults and neglects of any subcontractor, his agents or employees as fully as if they were the acts, defaults or neglects of the Contractor, his agents or employees. (e) The Contractor shall be required to obtain such consent for – (i) (ii) (iii) the provision of labour, or the purchase of materials which are in accordance with the Contract, or the purchase or hire of Construction Equipment. 1.2.21 Language of Contract The contract documents will be compiled in English and the English versions of all referred documents will be taken as applicable. 1.2.22 Extension of Contract The contract with the successful bidder may be extended should additional need arise. 1.2.23 Stamp and Other Duties The successful bidder will be liable for all duties and costs on legal documents resulting in the establishment of a contract and for the surety and retentions. 1.2.24 Wrong Information Furnished Where a contract has been awarded on the strength of the information furnished by the bidder which, after the conclusion of the relevant agreement, is proved to have been incorrect, the Municipality may, in addition to any other legal remedy it may have, recover from the contractor all costs, losses or damages incurred or sustained by the Municipality as a result of the award of the contract. NB! Service providers must ensure that the sum of the priced line items matches to the total amount at the bottom of the bill of quantities, if it is found that during evaluation process of the bids the priced line items exceed or are below the total amount indicated at the bottom of the bill of quantity, the tender will be immediately disqualified, No corrections shall be done by the representative of the municipality. 9|P a g e 1.2.25 Past Practices (a) The bid of any bidder may be rejected if that bidder or any of its directors have abused the municipality’s supply chain management system or committed any improper conduct in relation to such system. (b) The bid of any bidder may be rejected if it is or has been found that that bidder or any of its directors influenced or tried to influence any official or councillor with this or any past tender. (c) The bid of any bidder may be rejected if it is or has been found that that bidder or any of its directors offered, promised or granted any official or any of his/her close family members, partners or associates any reward, gift, favour, hospitality or any other benefit in any improper way, with this or any past tender. 1.2.26 Validity of BEE certificates: (a) If the certificate was issued by a verification agency the following must be on the face of the certificate: SANAS logo, unique BVA number, must be an original certificate or certified copy of the original, the name and physical location of the bidder, the registration number and, where applicable, the VAT number of the bidder, the date of issue and date of expiry of the certificate, the certificate number for identification and reference, the scorecard that was used (for example EME, QSE or Generic), the name and / or logo of the Verification Agency, the certificate must be signed by the authorized person from the Verification Agency and the B-BBEE Status Level of Contribution obtained by the bidder. (b) If certificate was issued by an Auditor/ Accounting Officers: The Accounting Officer’s or Registered Auditor’s letter head with full contact details, the Accounting Officer’s or Registered Auditor’s practice numbers, the name and the physical location of the bidder, the registration number and, where applicable, the VAT number of the bidder, the date of issue and date of expiry, the BBBEE Status Level of Contribution obtained by the measured entity, the total black shareholding and total black female shareholding, the B-BBEE Status Level of Contribution obtained by the bidder and must be an original certificate or certified copy of the original. (c) If the certificate was issued by registered auditors approved by IRBA Clearly identify the B-BBEE approved registered auditor by the auditor’s individual registration number with IRBA and the auditor’s logo, clearly record an approved B-BBEE Verification Certificate identification reference in the format required by the SASAE, reflect relevant information regarding the identity and location of the measured entity, identify the Codes of Good Practice or relevant Sector Codes applied in the determination of the scores, record the weighting points (scores) attained by the measured entity for each scorecard element, where applicable, and the measured entity’s overall B-BBEE Status Level of Contribution, reflect that the B-BBEE Verification Certificate and accompanying assurance report issued to the measured entity is valid for 12 months from the date of issuance and reflect both the issuance and expiry date, and the B-BBEE Status Level of Contribution obtained by the bidder and must be an original certificate or certified copy of the original. Certified B-BBEE certificate by SAPS will also be considered. 10 | P a g e FAILURE TO COMPLY WITH THE ABOVEMENTIONED WILL RESULT IN NO PREFERENCE POINTS BEING AWARDED 1.2.27 Letter of Good Standing from the Commissioner of Compensation (a) A valid Letter of Good Standing from the Compensation Commissioner or a copy thereof, must accompany the bid documents unless the bidder is registered on the Accredited Supplier Database of the Municipality and the Municipality has a valid Letter of Good Standing from the Compensation Commissioner or a copy thereof for the bidder on record. The onus is on the bidder to ensure that the Municipality has a valid Letter of Good Standing from the Compensation Commissioner or a copy thereof on record. (b) In the case of a Consortium/Joint Venture every member must submit a separate valid Letter of Good Standing from the Compensation Commissioner or a copy thereof with the bid documents unless the member is registered on the Accredited Supplier Database of the Municipality and the Municipality has a valid Letter of Good Standing from the Compensation Commissioner or a copy thereof on record for all members of the Consortium/Joint Venture. (c) If a bid is not supported by a valid Letter of Good Standing from the Compensation Commissioner or a copy thereof, either as an attachment to the bid documents or on record in the case of suppliers registered on the Supplier Database of the Municipality, the Municipality reserves the right to obtain such document after the closing date. If no such document can be obtained within a period as specified by the Municipality, the bid will be disqualified. (d) If a bid is accompanied by proof of application for valid Letter of Good Standing from the Compensation Commissioner, the original or copy thereof must be submitted on/or before the final date of award. (e) Should a bidder’s Letter of Good Standing from the Compensation Commissioner expires during the contract period, a valid certificate must be submitted within an agreed upon time. (f) The right is reserved to not award a tender if a valid Letter of Good Standing from the Compensation Commissioner or a certified copy thereof is not submitted within the requested time. 1.2.28 Negotiations Should the tender prices be higher than the available funds of the client, the client reserves the right to negotiate with the successful bidder to limit the work in accordance with the tender specifications in order not to exceed the available budget. 1.2.29 Enquiries Enquiries in connection with this tender, prior to the tender closure date, may be addressed to Mr ML Ramulwela at 058 303 5732/ 072 5073 526. 11 | P a g e 1.3 GENERAL CONDITIONS OF CONTRACT 1. 1. 1.1 Definitions The following terms shall be interpreted as indicated: “Closing time” means the date and hour specified in the bidding documents for the receipt of bids. “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. “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. “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. "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. “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. “Day” means calendar day. “Delivery” means delivery in compliance of the conditions of the contract or order. “Delivery ex stock” means immediate delivery directly from stock actually on hand. “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. "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. ”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. “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. “GCC” means the General Conditions of Contract. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. “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 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 12 | P a g e 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 by the bid will be manufactured. “Local content” means that portion of the bidding price, which is not included in the imported content provided that local manufacture does take place. “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. “Order” means an official written order issued for the supply of goods or works or the rendering of a service. “Project site,” where applicable, means the place indicated in bidding documents. “Purchaser” means the organization purchasing the goods. “Republic” means the Republic of South Africa. “SCC” means the Special Conditions of Contract. “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. “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. “Tort” means in breach of contract. “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. “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing. 13 | P a g e 2. 2.1 Application 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. Where applicable, special conditions of contract are also laid down to cover specific goods, services or 2.2 works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. 3. 3.2 General 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. Invitations to bid are usually published in locally distributed news media and on the municipality/municipal entity website. 4. 4.1 Standards The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. 5. Use of contract documents and information inspection 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. 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. 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. 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. 3.1 5.1 5.2 5.3 5.4 6. 6.1 6.2 7. 7.1 7.2 7.3 Patent Rights 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. 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. Performance security 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. 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. 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 14 | P a g e 7.4 8. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 bidding documents or another form acceptable to the purchaser; or (b) a cashier’s or certified cheque. 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. Inspections, tests and analyses All pre-bidding testing will be for the account of the bidder. 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. 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. 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. 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. 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. 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. 15 | P a g e 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. 9.1 Packing 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. 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. 9.2 10. 10.1 Delivery and documents 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. 11.1 Insurance 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. 12.1 Transportation Should a price other than an all-inclusive delivered price be required, this shall be specified. 13. 13.1 any: Incidental Services The supplier may be required to provide any or all of the following services, including additional services, if 13.2 (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. 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. 14.1 Spare parts 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. 15.1 Warranty 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. 16 | P a g e 15.2 15.3 15.4 15.5 16. 16.1 16.2 16.3 16.4 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. The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty. 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. 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. Payment The method and conditions of payment to be made to the supplier under this contract shall be specified. 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. 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. Payment will be made in Rand unless otherwise stipulated. 17. 17.1 Prices 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. 18.1 Variation orders 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. 19.1 Assignment 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. 21.1 21.2 21.3 21.4 Delays in the supplier’s performance 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. 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. 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. 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. 17 | P a g e 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. 22.1 Penalties 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. 23.1 Termination for default 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. 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. 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. 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. 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. 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. 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 23.2 23.3 23.4 23.5 . 23.6 23.7 . 24. 24.1 Antidumping and countervailing duties and rights 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 18 | P a g e 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. 25.1 Force Majeure 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. 26.1 Termination for insolvency 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. 27.1 Settlement of Disputes 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. 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. Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court 27.2 27.3 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. 28.1 Limitation of Liability Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6; (a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and (b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment. 29. 29.1 Governing language 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. 30.1 Applicable law The contract shall be interpreted in accordance with South African laws, unless otherwise specified. 31. 31.1 Notices 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. 19 | P a g e 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. 32.1 Taxes and duties 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. 33.1 Transfer of contracts The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof without the written permission of the purchaser 34. 34.1 Amendment of contracts 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. 35.1 Prohibition of restrictive practices 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. 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) concerned. 35.2 20 | P a g e SECTION 1.4: SPECIAL CONDITIONS OF CONTRACT 1.4.1 Appointment of a panel of four service providers for the provision of services (boreholes and tankering) for Dihlabeng rural water supply scheme for a period of (3) years. 1.4.2 Occupational Health & Safety (a) The contractor must adhere to the Occupational Health & Safety Act 85 of 1993 on site at all times with specific attention to the Electrical Installation Regulations of 2009. 1.4.3 Evaluation (a) Bids will be evaluated per item on the total amount for years 1, 2 and 3. 1.4.4 Alternative Bidders (a) A maximum of Four (4) suppliers will be appointed and be used as follows: - 1.4.5 If the successful bidder (preferred bidder) is unable to deliver the required quantity per order, the supplier must confirm this in writing (within 24 hours after the receipt of the official order) and then the next alternative will be used. If the next alternative is unable to deliver the required quantity per order, the supplier must confirm this in writing (within 24 hours after the receipt of the official order) and then quotations will be obtained. If no positive response is received from the bidder within 24 hours after the receipt of the order it will be deemed that the goods cannot be delivered and the next alternative bidder will be used. Pricing (a) All prices must be inclusive of VAT, delivery cost and be valid for the period three years from the date of award. (b) Prior to accepting any major price increases written proof must be supplied from manufacturers. Acceptance of the price increases are subject to the approval of the Municipal Manager or his delegate after satisfying himself that these increases are in line with the industry norm. 21 | P a g e SECTION 2.1: SPECIFICATIONS Scope of Work 2.1.1. Preliminary and General For work to be executed (upon specific instruction from the Client) by the Contractor and Quality control test, Establishment of facilities on site and the De-establishment of facilities on site. Leaving the site with only the Infrastructure and no debris. 2.1.2. Hydrogeological Survey a. Site Assessment and Desk Study Existing borehole information from in-house database and previous studies conducted by the municipality within the defined project area will be assessed to compare yields, water levels and water quality in order to determine whether the aquifers are stable or deteriorating. Aerial photos and other data obtained from previous groundwater investigations will be studied and extrapolated to identify geological structures such as dykes, faults and lineaments that can be used for water balances sheet. b. Siting Use available and appropriate method to site the borehole to ensure that it produces adequate yield. The decision to drill more than one borehole will depend on the yield of the first borehole. Should more than one be required, the location of boreholes must be at least 30-50m away from a potential pollution source such as on-site toilets, cattle kraals or cemeteries, but as close to the village as possible. c. Hydro-census Borehole verification within a 1 km radius of the identified location will be conducted to verify the use of groundwater in the area. Existing boreholes and springs in the defined areas will be the direction of groundwater in the area. d. Geophysical Investigation A geophysical survey must be conducted to identify and accurately position any structural features and lithology changes which could influence groundwater movement. The geophysical survey to accurately define the positions of structural features, weathering zones and other features of significance to groundwater occurrence will comprise Electro Magnetic 34(EM-34) and magnetic profiling supported by Vertical Electrical Resistivity Soundings (VES) if required. The survey will assist in selecting sites for the drilling of groundwater boreholes. A proton precision magnetometer (G-856 Memory-Mag.) manufactured by Geometrics will be used for the magnetic surveys as well as EM 34 manufactured by Geonics. The Magnetic and EM survey method are useful in identifying intrusive dykes and geological contact zones. A station spacing of 10 m will be used during the survey. Data from the magnetic survey will be processed and presented as profiles using spread sheets (MS Office Excel). The magnetic traversing will be done using a proton fluid magnetometer, the magnetic survey will be run in conjunction with the EM-34 survey. 22 | P a g e e. Drilling Supervision/ Testing Supervision The Hydrogeological service will include the supervision of the drilling and advise the municipality on the possibility of striking water of an expectable yield. Also included will be the supervision of the yield test to confirm the sustainable yield of the borehole. 2.1.3. Drilling of Production Borehole 2.1.3.1. Only one borehole will be equipped and be at least 165 mm in diameter. The municipality together with the Service Provider, to ensure and secure a sustainable yield borehole. A total of 350 m of drilling will be accepted in order to strike water. This can potentially be spread over three boreholes, depending on whether water has been obtained or not. The consultant together with the driller, will decide to stop drilling, and equip or move to the next site. No borehole should be deeper than 150 m. The Drilling Contractor will only be paid for meters drilled and meters of casing installed in the borehole. All groundwater boreholes will be drilled in order to facilitate aquifer parameter testing and groundwater sampling. The borehole will be drilled using down the hole air percussion equipment. The drilling will be drilled according but not limited to the DWS minimum standards and guidelines: a. The development of a production boreholes shall entail hydrogeological investigations, siting, drilling of new boreholes, and test pumping. b. The Municipality will inform the service provider based on the yield test and water quality which borehole to equip. c. The Borehole development shall further entail the removal of drilling fines from aquifer pores, removal of drilling foam/mud, and establishing a gravel pack filter around the borehole-aquifer interface. d. Borehole development method for use shall be determined by the hydrogeological investigations recommendations. e. The Borehole diameter shall be determined by the findings of the hydrogeological investigations and site conditions, but not smaller than 165 mm. 2.1.3.2. All installations shall make use of the current energy supply, where power is required, SOLAR electricity supply system must be considered and any alternate method of energy supply must be approved by the Municipality. The selection of the SOLAR pump type and capacity shall be based on: a. Maximum required/available capacity and safe yield b. Total pumping head c. Maximum pumping rate feasible 2.1.3.3. The borehole is to be fully screened (from the water table to bedrock) with a 0.5 m sump. A fine screen (5 mm long and 0.6 mm wide) is to be used to prevent sediment entry into the borehole and fine gravel pack is to be installed in the borehole annulus around the scree