Transport of Bulk Waste Bins from George Waste Transport Station to PetroSA, for a Three Year Period

{TENDER_DOCUMENTS_TEXT_START} GEORGEMUNICIPALITY / GEORGE MUNISIPALITEIT TENDER NO. COM 001 OF 2021 / TENDER NR. COM 001 VAN 2021 Tenders are hereby invited for the: Tenders word hiermee ingewag vir die: TRANSPORT OF BULK WASTE BINS FROM GEORGE WASTE TRANSPORT STATION TO PETROSA, FOR A THREE YEAR PERIOD VERVOER VAN GROOTMAAT VULLISHOUERS VANAF GEORGE VULLISOORLAAISTASIE NA PETROSA IN MOSSELBAAI, VIR ‘N DRIE JAAR PERIODE Completed tenders in a sealed envelope, clearly marked: Voltooide tenders in ‘n verseëlde koevert, duidelik gemerk: Tender No. COM001/2021, must be placed in the tender box at the George Municipality on the First Floor, Directorate: Financial Services, Supply Chain Management, York Street, George by no later than 12:00 on Friday, 26 February 2021 . Tenders are not allowed to be placed in the tender box after 12:00. Tenders will be opened on the same day in the 1st Floor Committee Room at 12:05. Late or unmarked tenders will not be considered. No posted tenders or tenders per fax or e-mail will be accepted. Tender Nr. COM001/2021, moet voor Vrydag, 26 Februarie 2021 om 12:00 in die tender bus by die George Munisipaliteit op die Eerste Vloer, Direktoraat: Finansiële Dienste, Voorsieningskanaal Bestuurseenheid, Burgersentrum, Yorkstraat, George geplaas word. Geen tenders sal toegelaat word om in die tender bus geplaas te word na 12:00 nie. Tenders sal om 12:05 dieselfde dag in die Komiteekamer op 1ste Vloer oopgemaak word. Laat of ongemerkte tenders sal nie oorweeg word nie. Geen tenders per pos, faks of e-pos sal aanvaar word nie. Tender documents are available at a non refundable deposit of R 231-00 each from the Supply Chain Management Unit, First Floor, Civic Centre, York Street, George. Tender dokumente is verkrygbaar teen ‘n R231-00 nieterugbetaalbare deposito elk by die Voorsieningskanaalbestuur Eenheid op die Eerste Vloer, Burgersentrum, Yorkstraat, George. Tender documents are available on the George Municipality’s website: www.george.gov.za, free of charge Tender dokumente is gratis op die George Munisipaliteit se webblad beskikbaar: www.george.gov.za A successful bidder must open an office in the George Municipal area within 1 month of the award. ‘n Suksesvolle tenderaar moet ‘n kantoor oopmaak binne 1 maand vanaf aanstelling in die George Munisipale gebied. Tenders will be evaluated and adjudication in terms of the Preferential Procurement Policy Framework Act (Act 5 of 2000) Regulations 2017 and the George Municipality’s Supply Chain Management Policy, where 80 points will be scored for price and 20 points for B-BBEE status. Tenders sal ge-evalueer en toegeken word in terme van die Wet op die Raamwerk vir Voorkeurverkrygingsbeleid (Wet 5 van 2000) Regulasies 2017, asook George Munisipaliteit se Voorsieningskanaalbestuursbeleid, waar 80 punte ten opsigte van die prys en 20 punte ten opsigte van B-BBEE status toegeken sal word. For technical information, contact Mr Elias Draghoender at (044) 803 2874. Vir tegniese inligting, kontak Mnr Elias Draghoender by (044) 803 2874. The Municipality reserves the right to withdraw any invitation to tender and/or to readvertise or to reject any tender or to accept a part of it. The Municipality is not bound to accept the highest or any tender. Die Munisipaliteit behou hom die reg voor om enige versoek vir ‘n tender terug te trek en/of te her-adverteer of enige tender te verwerp of gedeeltelik te aanvaar. Die Munisipaliteit is nie daartoe gebind om die hoogste of enige tender te aanvaar nie. A TCS PIN for bidders’ tax compliance information must be submitted with the tender document. n “TCS PIN” vir tenderaars se belasting nakoming inligting moet ingesluit wees by die tender dokument. It will be required from the successful bidder to register on the Central Supplier Database (CSD). Dit sal van die suksesvolle tenderaar verwag word om op die Sentrale Verskaffersdatabasis (SVD) te registreer. DR M GRATZ ACTING MUNICIPAL MANAGER GEORGE MUNICIPALITY GEORGE 6530 DR M GRATZ WAARNEMENDE MUNISIPALE BESTUURDER GEORGE MUNISIPALITEIT GEORGE 6530 GEORGE MUNICIPALITY BID DOCUMENT NUMBER: COM 001 OF 2021 TENDER FOR TRANSPORT OF BULK WASTE BINS FROM GEORGE WASTE TRANSPORT STATION TO PETROSA, FOR PERIOD OF THREE YEARS, FROM DATE OF APPOINTMENT ENQUIRIES: MR ELIAS DRAGHOENDER YORK STREET GEORGE (044) 803 2874 ISSUED BY: THE CITY COUNCIL MUNICIPALITY OF GEORGE P O BOX 19. GEORGE 6530 SUMMARY FOR TENDER OPENING PURPOSES NAME OF BIDDER: …………………………………………………..…………………………………… SUPPLIER DATABASE NO.: MAAA …………….………………………. TOTAL PRICE (INCLUDING VAT) R PREFERENCES CLAIMED FOR: B-BBEE Status Level of Contributor: Preference Points Claimed: B-BBEE certificates submitted with the tender document MUST be VALID ORIGINAL B-BBEE CERTIFICATES or VALID CERTIFIED COPIES OF THE BBBEE CERTIFICATES TENDER CLOSES AT 12H00 ON FRIDAY, 26 FEBRUARY 2021 1 INDEX DESCRIPTION NO. PAGE NUMBERS 1 Advertisement 04 2 Invitation to Bid 05 3 Details of Tenderer 06 4 Details of Tendering Entity’s Bank 07 5 8 6 Resolution taken by the Board of Directors / Members / Partners Resolution taken by the Board of Directors of a Consortium or Joint Venture 7 Joint Venture Information / Agreement 8 Specifications & Pricing Schedule 9 Annexure A – Past Experience 10 The Tender Offer and Acceptance 15- 17 11 MBD1 – Tax Clearance Certificate 18-19 12 MBD4 – Declaration of Interest 20- 23 13 MBD6.1 – Preference Points Claim form 24- 28 14 Sworn Affidavit 15 MBD8 – Declaration of Bidder’s Past Supply Chain Management Practices 30- 31 16 MBD9 – Certificate of Independent Bid Determination 32- 34 17 Certificate for Municipal Services 18 General Conditions of Contract 09 - 10 11 12-13 14 29 35 36- 47 2 BIDDER CONTACT DETAILS This information shall be used for any correspondence or contact with the bidder. Please indicate whether you want to receive any correspondence via e-mail or send to your postal address by registered mail. Name of Bidding Company: .................................................................... Postal Address: .............................................................................................. .............................................................................................. .............................................................................................. .................................................. Postal Code: .................... E-mail Address: .............................................................................................. Telephone Number: .............................................................................................. Cellular Number: .............................................................................................. Facsimile Number: .............................................................................................. 3 Mark choice of correspondence with X GEORGEMUNICIPALITY / GEORGE MUNISIPALITEIT TENDER NO. COM 001 OF 2021 / TENDER NR. COM 001 VAN 2021 Tenders are hereby invited for the: Tenders word hiermee ingewag vir die: TRANSPORT OF BULK WASTE BINS FROM GEORGE WASTE TRANSPORT STATION TO PETROSA, FOR A THREE YEAR PERIOD VERVOER VAN GROOTMAAT VULLISHOUERS VANAF GEORGE VULLISOORLAAISTASIE NA PETROSA IN MOSSELBAAI, VIR ‘N DRIE JAAR PERIODE Completed tenders in a sealed envelope, clearly marked: Voltooide tenders in ‘n verseëlde koevert, duidelik gemerk: Tender No. COM001/2021, must be placed in the tender box at the George Municipality on the First Floor, Directorate: Financial Services, Supply Chain Management, York Street, George by no later than 12:00 on Friday, 26 February 2021 . Tenders are not allowed to be placed in the tender box after 12:00. Tenders will be opened on the same day in the 1st Floor Committee Room at 12:05. Late or unmarked tenders will not be considered. No posted tenders or tenders per fax or e-mail will be accepted. Tender Nr. COM001/2021, moet voor Vrydag, 26 Februarie 2021 om 12:00 in die tender bus by die George Munisipaliteit op die Eerste Vloer, Direktoraat: Finansiële Dienste, Voorsieningskanaal Bestuurseenheid, Burgersentrum, Yorkstraat, George geplaas word. Geen tenders sal toegelaat word om in die tender bus geplaas te word na 12:00 nie. Tenders sal om 12:05 dieselfde dag in die Komiteekamer op 1ste Vloer oopgemaak word. Laat of ongemerkte tenders sal nie oorweeg word nie. Geen tenders per pos, faks of e-pos sal aanvaar word nie. Tender documents are available at a non refundable deposit of R 231-00 each from the Supply Chain Management Unit, First Floor, Civic Centre, York Street, George. Tender dokumente is verkrygbaar teen ‘n R231-00 nieterugbetaalbare deposito elk by die Voorsieningskanaalbestuur Eenheid op die Eerste Vloer, Burgersentrum, Yorkstraat, George. Tender documents are available on the George Municipality’s website: www.george.gov.za, free of charge Tender dokumente is gratis op die George Munisipaliteit se webblad beskikbaar: www.george.gov.za A successful bidder must open an office in the George Municipal area within 1 month of the award. ‘n Suksesvolle tenderaar moet ‘n kantoor oopmaak binne 1 maand vanaf aanstelling in die George Munisipale gebied. Tenders will be evaluated and adjudication in terms of the Preferential Procurement Policy Framework Act (Act 5 of 2000) Regulations 2017 and the George Municipality’s Supply Chain Management Policy, where 80 points will be scored for price and 20 points for B-BBEE status. Tenders sal ge-evalueer en toegeken word in terme van die Wet op die Raamwerk vir Voorkeurverkrygingsbeleid (Wet 5 van 2000) Regulasies 2017, asook George Munisipaliteit se Voorsieningskanaalbestuursbeleid, waar 80 punte ten opsigte van die prys en 20 punte ten opsigte van B-BBEE status toegeken sal word. For technical information, contact Mr Elias Draghoender at (044) 803 2874. Vir tegniese inligting, kontak Mnr Elias Draghoender by (044) 803 2874. The Municipality reserves the right to withdraw any invitation to tender and/or to readvertise or to reject any tender or to accept a part of it. The Municipality is not bound to accept the highest or any tender. Die Munisipaliteit behou hom die reg voor om enige versoek vir ‘n tender terug te trek en/of te her-adverteer of enige tender te verwerp of gedeeltelik te aanvaar. Die Munisipaliteit is nie daartoe gebind om die hoogste of enige tender te aanvaar nie. A TCS PIN for bidders’ tax compliance information must be submitted with the tender document. n “TCS PIN” vir tenderaars se belasting nakoming inligting moet ingesluit wees by die tender dokument. It will be required from the successful bidder to register on the Central Supplier Database (CSD). Dit sal van die suksesvolle tenderaar verwag word om op die Sentrale Verskaffersdatabasis (SVD) te registreer. DR M GRATZ ACTING MUNICIPAL MANAGER GEORGE MUNICIPALITY GEORGE 6530 DR M GRATZ WAARNEMENDE MUNISIPALE BESTUURDER GEORGE MUNISIPALITEIT GEORGE 6530 4 INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR TRANSPORT OF BULK WASTE BINS FROM GEORGE WASTE TRANSPORT STATION TO PETROSA, FOR PERIOD OF THREE YEARS, FROM DATE OF APPOINTMENT. BID NUMBER: COM001/2021 CLOSING DATE: 26 FEBRUARY 2021 CLOSING TIME: 12:00 BID DOCUMENTS MUST BE DEPOSITED IN THE TENDER BOX SITUATED AT: Supply Chain Management Unit The Civic Centre (1st Floor) York Street GEORGE Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration. The bid box is open from 07:45 until 16:30, 5 days a week. Bids must be submitted on the Official Forms (NOT TO BE RE-TYPED). B-BBEE certificates submitted with the tender documents MUST be a VALID ORIGINAL B-BBEE CERTIFICATE or VALID CERTIFIED COPY OF THE B-BBEE CERTIFICATE. In the case of a Trust, Consortium or Joint Venture, they will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. This Bid is subject to the General Conditions of Contract (GCC) and, if applicable, any other Special Conditions of Contract. This Bid will be evaluated and Adjudicated according to the following criteria: 1. 2. 3. 4. Relevant specifications; Value for money; Capacity to execute the contract; PPPFA Regulations 2017. NB: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, PROVINCIAL GOVERNMENT OR MUNICIPALITY. 5 DETAILS OF TENDERER Name of firm / entity / enterprise Trading as (if different from above) Postal address Postal Code _______ Physical address Contact Details of Signing the Tender: the Person Name: _____________________________________ Telephone: (___) __________ Fax: (___) __________ Cellular Number: _____________________________ E-mail address: _____________________________ Contact Details of the Senior Name: _____________________________________ Manager Responsible for Overseeing Contract Telephone: (___) __________ Fax: (___) __________ Performance: Cellular Number: _____________________________ E-mail address: _____________________________ Contact Details Responsible for Invoices: of Person Name: _____________________________________ Accounts / Telephone: (___) __________ Fax: (___) __________ Cellular Number: _____________________________ E-mail address: _____________________________ 6 DETAILS OF TENDERING ENTITY’S BANK I/We hereby authorize the Employer/Client to approach all or any of the following bank/s for the purposes of obtaining a financial reference: DESCRIPTION OF BANK DETAIL BANK DETAILS APPLICABLE TO TENDERER’S HEAD OFFICE Name of bank Branch name Branch code Name of Account Holder Account number Type of Account Signature of Tenderer:___________________________________ Date: ___________________________________ 7 THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS / MEMBERS / PARTNERS RESOLUTION of a meeting of the Board of Directors / Members / Partners of ___________________________________________________________________ NAME OF TENDERER Held at ____________________________________ on ______________________ (Place) (Date) RESOLVED THAT: 1. The enterprise submits a Tender to the George Municipality in respect of the following: TENDER NUMBER: COM001/2021 TRANSPORT OF BULK WASTE BINS FROM GEORGE WASTE TRANSPORT STATION TO PETROSA, FOR PERIOD OF THREE YEARS, FROM DATE OF APPOINTMENT 2. Mr/Mrs/Ms _______________________________________________________ In his/her capacity as _______________________________________________ and who will sign as follows: __________________________________ (SPECIMAN SIGNATURE) be, and is hereby, authorized to sign the Tender and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any contract, and or all documentation resulting from the award of the Tender to the enterprise mentioned above. Note: The resolution must be signed by all the directors or members / partners of the bidding enterprise. Should the space provided below not be sufficient for all the directors to sign, please provide a separate sheet in the same format below. Name Capacity 1 2 3 4 5 6 8 Signature THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF A CONSORTIUM OR JOINT VENTURE RESOLUTION of a meeting of the Board of Directors / Members / Partners of ___________________________________________________________________ NAME OF TENDERER Held at ____________________________________ on ______________________ (Place) (Date) RESOLVED THAT: 1. The enterprise submits a Tender to the George Municipality in respect of the following: TENDER NUMBER: COM001/2021 TRANSPORT OF BULK WASTE BINS FROM GEORGE WASTE TRANSPORT STATION TO PETROSA, FOR PERIOD OF THREE YEARS, FROM DATE OF APPOINTMENT (list all the legally correct full names and registration numbers, if applicable, of the Enterprises forming the Consortium / Joint Venture): ___________________________________________________________________ and ___________________________________________________________________ and ___________________________________________________________________ 2. Mr/Mrs/Ms ______________________________________________________ In his/her capacity as ______________________________________________ and who will sign as follows: __________________________________ (SPECIMAN SIGNATURE) be, and is hereby, authorized to sign the Tender and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any contract, and or all documentation resulting from the award of the Tender to the Consortium / Joint Venture enterprise mentioned above. 3. The enterprise in the form of a consortium or joint venture accept jointly and several liability with parties under item 1 above for the fulfillment of the obligations of the joint venture deriving from, and in any way connected with the contract to be entered into with the George Municipality in respect of the project described above under item 1. 4. The Consortium / Joint Venture enterprise chooses as its domicilium citandi et executandi for all purposes arising from this joint venture agreement and contract with the George Municipality in respect of the project under item 1: (Physical Address) ________________________________________________ 9 ______________________________________________________________ Note: The resolution must be signed by all the directors or members / partners of the bidding enterprise. Should the space provided below not be sufficient for all the directors to sign, please provide a separate sheet in the same format below. Name Capacity 1 2 3 4 5 6 7 8 9 10 10 Signature JOINT VENTURE Only to be completed if applicable Name of Joint Venture: Names of Each Enterprise: (1) Name and Address of Enterprise: (2) Name and Address of Enterprise: (3) Name and Address of Enterprise: Has an original valid Tax Clearance Certificate been YES submitted for each enterprise? NO CIDB Registration Number(s), if any: Submit your Joint Venture Agreement together with this annexure. If no Joint Venture Agreement is submitted, your tender will be disqualified. SIGNED ON BEHALF OF JOINT VENTURE 11 GEORGE MUNICIPALITY NOTICE NO COM 001 of 2021. Tenders are invited to supply to George Municipality the following: The service of transporting fully compacted Waste-bins (20 000kg) from the George Municipal waste transfer station to Petrosa in Mossel Bay (70km) and returning with the emptied Waste-bins to transfer station for a three year period from date of appointment . The service provider will provide: 1. Hook lift trucks and trailers 2. Operator and assistant. 3. The owner is responsible for: a. Fuel. b. Insurance. c. Maintenance. d. Breakdown. e. Operator cost. f. Operator’s assistant cost g. Fines h. Replacement vehicle in case of an extended break down within 12hrs (penalty of 5% per day rate/per truck will be levied on noncompliance). 4. The supplier must be able to deliver immediately after contract is signed. 5. The rate of charge shall be measured at cost per bin (+/- 15 bins per day) paid on a fixed monthly rate for 36 months. 6. The operator must be able to work on weekends and on public holidays when necessary. 7. The service must be delivered from 6am to 6pm every working day. The whole vehicle shall comply with all relevant aspects of the Road & Traffic Act and regulations. I, the undersigned, have read and understand the specifications given above and our offer complies with the required specifications: ....................................... COMPANY ..................................................... …………………………… SIGNATURE OF TENDER DATE GEORGE MUNICIPALITY 12 PRICING SCHEDULE PRICING SCHEDULE FOR 1 BIN PER MONTH Price DESCRIPTION Per 1 Bin (Including VAT) (Based on estimated 22 days per month) TRANSPORTATION OF WASTE (R...... R_____________. X 22Days = R .......... (1bin per month)) PRICING SCHEDULE FOR 1 BIN FOR THE THREE YEAR PERIOD Price (Excluding VAT) DESCRIPTION TRANSPORTATION OF ONE WASTE BIN FOR THE FIRST YEAR ONE (1) , ((Based on estimated 22 days per month) (R...... R _____________. (YEAR 2) R _____________. (YEAR 3) X 22Days x 12months = R .......... ) TRANSPORTATION OF ONE WASTE BIN FOR THE THIRD YEAR (3) ((Based on estimated 22 days per month). (R...... (YEAR 1) X 22Days x 12months = R .......... ) TRANSPORTATION OF ONE WASTE BIN FOR THE SECOND YEAR (2) ((Based on estimated 22 days per month). (R...... R _____________. X 22Days x 12months = R .......... ) ANY OTHER COST THAT GEORGE MUNICIPALITY NEEDS TO KNOW OF: TOTAL COST R _____________. (EXCLUDING 15%VAT AND INCLUDING ALL OTHER COST) R _____________. 15% VAT R _____________. TOTAL COST R _____________. INCLUDING 15%VAT AND ALL OTHER COST) NB: All prices must include escalation. Supporting Information ....................................................................................................................................................... ....................................................................................................................................................... ......................................... DATE ....................................................... PRINT NAME of SIGNATORY ...................................................... ..................................... CONTACT NO ........................................................ COMPANY NAME SIGNATURE of TENDERER 13 PAST EXPERIENCE This schedule is compulsory to complete! Bidders must furnish hereunder details of similar works / services, which they have satisfactorily completed in the past. The information shall include a description of the Works / Services, the Contract value and name of Employer. Employer Nature of Work Value of Work ______________________ Date Duration and Completion Date Employer Contact Number ________________________ Signature of Tenderer 14 THE TENDER OFFER I/We Mr/Mrs/Messrs ___________________________________________________ duly assigned to represent the service provider for the purpose of this tender, hereby tender to supply all or any of the goods and/or render all or any of the services described in the attached documents to the George Municipality on terms and conditions stipulated in this tender and in accordance with the specifications stipulated in the tender documents (which shall be taken as part of, and incorporated into this tender) at the price/s reflected in the Pricing Schedule. I/we agree that this offer shall remain valid for a period of 180 days commencing from the closing date and time of this tender. I/we further agree that: This tender and its acceptance shall be subject to the terms and conditions contained in the George Municipality’s Supply Chain Management Policy; If I/we withdraw my/our tender within the period for which I/we have agreed that the tender shall remain open for acceptance, or fail to fulfill the contract when called upon to do so, the George Municipality may, without prejudice to its other rights, agree to the withdrawal of my/our tender or cancel the contract that may have been entered into between me/us and the George Municipality and I/we will then pay to the George Municipality any additional expense incurred by the George Municipality having either to accept any less favorable tender or, if fresh tenders have to be invited, the additional expenditure incurred by the invitation by the invitation of fresh tenders and by the subsequent acceptance of any less favorable tender; the George Municipality shall also have the right to recover such additional expenditure by set-off against moneys which may be due or become due to me/us under this or any other tender or contract or against any guarantee or deposit that may have been furnished by me/us or on my/our behalf for the due fulfillment of this or any other tender or contract and pending the ascertainment of the amount of such additional expenditure or retain such moneys, guarantee or deposit as security for any loss the George Municipality may sustain by reason of my/our default; If my/our tender is accepted the acceptance may be communicated to me/us by letter or order by certified mail or registered mail. Such posting shall be deemed to be proper service of such notice with effect from the date of posting/dispatch of such notice; The law of the Republic of South Africa shall govern the contract created by the acceptance of my/our tender and that I/we choose domicilium citandi et executandi in the Republic of South Africa, where any and all legal notices may be served at (full street address on this place): Physical Address: _________________________________ _________________________________ _________________________________ _________________________________ 15 I/we furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our tender; that the price(s) and rate(s) tendered cover all the work/item(s) specified in the tender documents and that the price(s) and rate(s) cover all my/our obligations under a resulting contract and that I/we accept that any mistakes regarding price(s) and calculations will be at my/our own risk. I/we hereby accept full responsibility for the proper execution and fulfillment of all obligations and conditions devolving on me/us under this agreement as the Principal(s) liable for the due fulfillment of this contract. I/we agree that any action arising from this contract may in all respects be instituted against me/us and I/we hereby undertake to satisfy fully any sentence or judgement which may be pronounced against me/us as a result of such action. I/we declare that I/we have participation / no participation in the submission of any other offer for the supplies/services described in the attached documents. If in the affirmative, state name(s) of tenders involved. Name: _________________________________ Signature: _________________________________ Date: _________________________________ This form must be completed and signed to be considered provisionally responsive. 16 ACCEPTANCE By signing this part of the form of offer and acceptance, the employer identified below accepts the supplier’s offer. In consideration thereof, the employer shall pay the supplier the amount due in accordance with the conditions identified in the tender data. Acceptance of the supplier’s offer shall form an agreement between the employer and the supplier 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 supplier receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the supplier within five working 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. Name: MR AA PAULSE Signature: _________________________________ Capacity: ACTING DIRECTOR: COMMUNITY SERVICES Date: _________________________________ For the Employer: GEORGE MUNICIPALITY CIVIC CENTRE YORK STREET GEORGE 17 MBD 1 TAX COMPLIANCE INFORMATION PART A Tax Compliance Status B-BBEE Status Level Verification Certificate [Tick Applicable Box] or TCS Pin: Yes CSD No: B-BBEE Level Affidavit No Status Sworn Yes No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE / SWORN AFFIDAVIT (FORM EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] Are You The Accredited Are You A Representative In South Yes No Foreign Based Yes No Africa For The Goods / Supplier For The Services / Works Goods / Offered? Services / [If Yes, Answer [If Yes, Enclose Proof] Works Offered? Part 2.] Signature of Bidder ……………………….… 18 Date …………………. PART B TERMS AND CONDITIONS FOR BIDDING 1. TAX COMPLIANCE REQUIREMENTS 1.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 1.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS. 1.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS EFILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA. 1.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B2. 1.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 1.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED; EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 1.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL CUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 2. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS [Tick Applicable Box] 2.1 Is the entity a resident of the Republic of South Africa (RSA)? YES NO 2.2 Does the entity have a branch in the RSA? YES NO 2.3 Does the entity have a permanent establishment in the RSA? YES NO 2.4 Does the entity have any source of income in the RSA? YES NO 2.5 Is the entity liable in the RSA for any form of taxation? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 1.3 ABOVE. NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE. Signature of Bidder: …….…………………….…….. Capacity Under Which This Bid Is Signed: …….…………………….…….. Date: …………………………………. 19 MBD 4 DECLARATION OF INTEREST 1. 2. 3. 3.1 No bid will be accepted from persons in the service of the state*. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in the service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Full Name of bidder or his / her representative: ………………………………………………………………………………………….. 3.2 Identity number: ……………………………………………………………………… 3.3 Position occupied in the Company (director, trustee, shareholder²): ………………………………………………………………………………………….. 3.4 Company Registration Number: ……………………………………………………. 3.5 Tax Reference Number: …………………………………………………………….. 3.6 VAT Registration Number: ………………………………….………………………. 3.7 The names of all directors / trustees / shareholders / members, their individual identity numbers and state employee numbers (where applicable) must be indicated in paragraph 4 below. Are you presently in the service of the state?* YES / NO 3.8 3.8.1 If yes, furnish the following particulars: Name of person / director / trustee / shareholder member: ………………………………………………………………………….. Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: ………………………………………………………………………….. Any other particulars: …………………………………………………. 3.9 ………………………………………………………………………….. Have you been in the service of the state for the past twelve 20 YES / NO months? 3.9.1 If so, furnish particulars. ………………………………………………………………………….. 3.10 3.10.1 ………………………………………………………………………….. Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? YES / NO If yes, furnish the following particulars: Name of person: ………………………………………………………. Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: ………………………………………………………………………….. Any other particulars: …………………………………………………. 3.11 3.11.1 ………………………………………………………………………….. Are you aware of any relationship (family, friend, other) between the bidder and any person in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO If yes, furnish the following particulars: Name of person: ………………………………………………………. Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: …………………………… Any other particulars: …………………………………………………. 3.12 3.12.1 ……………………………………………………………………….... Are any of the company’s directors, managers, principal shareholders or stakeholders in the service of the state? If yes, furnish the following particulars: Name of person / director / trustee / shareholder / member: 21 YES / NO …………………………………………………………………………… Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: …………………………… Any other particulars: …………………………………………………. …………………………………………………………………..…….. 3.13 3.13.1 Is any spouse, child or parent of the company’s directors, trustees, managers, principle shareholders or stakeholders in the service of the state? YES / NO If yes, furnish the following particulars: Name of person / director / trustee / shareholder / member: …………………………………………………………………………… Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: …………………………… Any other particulars: …………………………………………………. ……………………………………………………………….………….. 3.14 3.14.1 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract? If yes, furnish particulars: .………………………………………………………………………….. .………………………………………………………………………….. 22 YES / NO 4. Full details of directors / trustees / members / shareholders: THE FOLLOWING INFORMATION IS COMPULSORY TO COMPLETE: Full Name Identity Number Individual Tax State Employee Number for each Number (where Director applicable) 5. The contract will be automatically cancelled if there is a conflict of interest which is not disclosed by the bidder. ………………………………….. Signature …….…………………….…….. Date …………………………………… Capacity …………………………………. Name of Bidder ¹MSCM Regulations: “in the service of the state” means to be (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the National Assembly or the National Council of Provinces; (b) a member of the board of directors of any municipal entity; (c) an official or any Municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (e) a member of the accounting authority of any national or provincial entity; or (f) an employee of Parliament or a provincial legislature. ²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercise control over the company. 23 MBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017. 1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included). 1.2 a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable; or b) Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete whichever is not applicable for this tender). 1.3 Points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contributor. 1.4 The maximum points for this bid are allocated as follows: POINTS PRICE B-BBEE STATUS LEVEL OF CONTRIBUTOR Total points for Price and B-BBEE must not exceed 100 1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. 1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. DEFINITIONS (a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; (b) “B-BBEE status level of contributor” means the B-BBEE status of an 24 entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; (c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals; (d) “Broad-Based Black Economic Empowerment Act” means the BroadBased Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents. (g) “prices” includes all applicable taxes less all unconditional discounts; (h) “proof of B-BBEE status level of contributor” means: 1) B-BBEE Status level certificate issued by an authorized body or person; 2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; 3) Any other requirement prescribed in terms of the B-BBEE Act; (i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes; 3. 3.1 POINTS AWARDED FOR PRICE THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 Pt  P min   Ps  801   P min   or Pt  P min   Ps  901   P min   Where Ps = Pt = Pmin = Points scored for price of bid under consideration Price of bid under consideration Price of lowest acceptable bid 4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR 4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: 25 5. 5.1 6. 6.1 B-BBEE Status Level of Contributor Number of points Number of points (90/10 system) (80/20 system) 1 10 20 2 9 18 3 6 14 4 5 12 5 4 8 6 3 6 7 2 4 8 Non-compliant contributor 1 0 2 0 BID DECLARATION Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1 B-BBEE Status Level of Contributor: 20 points). .= ………(maximum of 10 or (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor. 7. 7.1 SUB-CONTRACTING Will any portion of the contract be sub-contracted? (Tick applicable box) YES 7.1.1 NO If yes, indicate: i) What percentage of the contract will be subcontracted............………% ii) The name of the sub-contractor………………………………………….. iii) The B-BBEE status level of the sub-contractor.....................…………….. iv) Whether the sub-contractor is an EME or QSE (Tick applicable box) YES NO v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017: 26 Designated Group: An EME or QSE which is at last 51% owned by: EME QSE √ √ Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE 8. DECLARATION WITH REGARD TO COMPANY/FIRM 8.1 Name company/firm:………………………………………………………………. of 8.2 VAT number:………………………….………………………………… registration 8.3 Company number:………………………….……………………………. registration 8.4 TYPE OF COMPANY/ FIRM  Partnership/Joint Venture / Consortium  One person business/sole propriety  Close corporation  Company  (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… …………………………………………………………………………………….. 8.6 COMPANY CLASSIFICATION  Manufacturer  Supplier  Professional service provider  Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 27 8.7 MUNICIPAL INFORMATION Municipality where business is situated: ….………………………………. Registered Account Number: …………………………. Stand Number:………………………………………………. 8.8 Total number of years the company/firm has been in business:……………… 8.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have (a) (b) (c) (d) (e) disqualify the person from the bidding process; recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct; cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and forward the matter for criminal prosecution. WITNESSES 1. …………………………………….. 2. ……………………………………. ………………………………………. SIGNATURE(S) OF BIDDERS(S) DATE: ………………………………….. ADDRESS ………………………………….. ………………………………….. ………………………………….. 28 MBD 6.1(a) SWORN AFFIDAVIT – BBBEE EXEMPTED MICRO ENTERPRISE 29 MBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item 4.1 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? Yes Yes No No Yes No (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). The Database of Restricted Suppliers now resides on the National Treasury’s webiste (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page. 4.1.1 If so, furnish particulars: 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)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. 30 4.2.1 If so, furnish particulars: 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? 4.3.1 If so, furnish particulars: Yes No Item 4.4 4.3 Question Yes No 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: Yes No 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? 4.5.1 If so, furnish particulars: Yes No 4.5 CERTIFICATION I, THE UNDERSIGNED (FULL NAME) …………….……………………..…… CERTIFY THAT DECLARATION THE INFORMATION FURNISHED ON THIS FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………..….… Signature Date ………………………………………. …………………………..….. Position Name of Bidder 31 MBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 Municipal Supply Regulation 38(1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract. 4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. 32 MBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: TENDER NUMBER: COM001/2021 TRANSPORT OF BULK WASTE BINS FROM GEORGE WASTE TRANSPORT STATION TO PETROSA, FOR PERIOD OF THREE YEARS, FROM DATE OF APPOINTMENT ______________________________________________________________ (Bid Number and Description) in response to the invitation for the bid made by: GEORGE MUNICIPALITY do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of:__________________________________________that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder. 33 MBD9 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation. ……………….…………………………… Signature ……………………………… Date ……………………………………………. Position ……………………………… Name of Bidder ³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. 34 CERTIFICATE FOR MUNICIPAL SERVICES (COMPULSORY TO COMPLETE) Information required in terms of the Supply Chain Management Regulations, Regulation 28 (1) (c). Tender Number: COM 001/2021 Name of the Bidder: _________________________________________________ DETAILS OF THE BIDDER/S: Owner / Proprietor / Director(s) / Partner(s), etc: Physical Business address of the Bidder Municipal Account Number(s) If there is not enough space for all the names, please attach the additional details to the Tender document. Name of Director / Identity Number Physical residential Municipal Account Member / Partner address of Director / number(s) Member / Partner I, _____________________________________________________, the undersigned, (full name in block letters) certify that the information furnished on this declaration form is correct and that I/we have no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment if overdue for more than 30 days. ___________________________________ Signature THUS DONE AND SIGNED for and on behalf of the Bidder / Contractor at ________________________ on the ______ day of ___________________ 2021 PLEASE NOTE: MUNICIPAL ACCOUNTS FOR ALL PROPERTIES OWNED BY BIDDER/S MUST BE ATTACHED TO THE TENDER DOCUMENT! Even if the requested information is not applicable to the Bidder, the table above should be endorsed NOT APPLICABLE with a reason and THIS DECLARATION MUST STILL BE COMPLETED AND SIGNED. In the event of leasing, a lease agreement MUST be attached to the tender document. 35 GEORGE MUNICIPALITY PROCUREMENT GENERAL CONDITIONS OF CONTRACT TABLE OF CLAUSES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Definitions Application General Standards Use of contract documents and information inspection Patent rights Performance security Inspections, tests and analysis Packing Delivery and documents Insurance Transportation Incidental services Spare parts Warranty Payment Prices Variation orders Assignment Subcontracts Delays in the supplier’s performance Penalties Termination for default Anti-Dumping and countervailing duties and rights Force Majeure Termination for insolvency Settlement of disputes Limitation of liability Governing language Applicable law Notices Taxes and duties Transfer of contracts Amendment of contracts Prohibition of restrictive practices 36 General Conditions of Contract 1. Definitions: 1. The following terms shall be interpreted as indicated: 1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids. “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 any thing 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 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 37 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 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. “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 valueadding 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