General Conditions of Contract - George Municipality

GEORGE MUNICIPALITYQUOTATION NUMBER: MM 009/2013QUOTATION FOR THE PROVISION OF TRAINING AND ONGOING SUPPORT INPERMACULTURE FOR FOOD GARDENS IN SPECIFIC LOCATIONS WITHIN WARD4, GEORGE MUNICIPALITYENQUIRIES: Me CARLI BUNDING - VENTERISSUED BY:71 YORK STREET THE CITY COUNCILGEORGEMUNICIPALITY OF GEORGE(044) 802 2013 P O BOX 19GEORGE6530SUMMARY FOR TENDER OPENING PURPOSESNAME OF TENDERER:…………………………………………………..……………………………………TELEPHONE NO.: ……………………………… FAX NO.: ……………….………..…………ADDRESS:………………………………………………..………………………………………………………………………………..………………………………………………CONTACT PERSON:…………………………………………..……………………………………………SUPPLIER DATABASE NO.: …………….……………………….TOTAL PRICE (INCLUDING VAT)RPREFERENCES CLAIMED FOR:B-BBEE Status Level of Contributor:Preference Points Claimed:B-BBEE certificates submitted with the tender / quotation document MUSTbe a VALID ORIGINAL B-BBEE CERTIFICATE or VALID CERTIFIED COPY OFTHE B-BBEE CERTIFICATEQUOTATION CLOSES AT 12H00 ON WEDNESDAY, 29 MAY 20131

INDEXDESCRIPTIONPAGENUMBERSTenderers Contact Details 3Advertisement 4-5Request for Formal Quotation 6-7Details of Tenderer 8Details of Tendering Entity’s Bank 9Resolution taken by the Board of Directors / Members / Partners 10Resolution taken by the Board of Directors of a Consortium or JointVenture 11-12Joint Venture Information / Agreement 13Specifications 14Pricing Schedule 15The Quotation Offer and Acceptance 16-18MBD2 – Tax Clearance Certificate 19MBD4 – Declaration of Interest 20-22MBD6.1 – Preference Points Claim form 23-28Scoring Price and Preference 29Preference Scoring - 2011 30-31MBD8 – Declaration of Bidder’s Past Supply Chain Management Practices 32-33MBD9 – Certificate of Independent Bid Determination 34-36Annexure A – Past Experience 37General Conditions of Contract 38-49Certificate for Municipal Services 502

TENDERER CONTACT DETAILSThis information shall be used for any correspondence or contact with thetenderer.Please indicate whether you want to receive any correspondence via e-mail orsend to your postal address by registered mail.Name of Bidding Company: ....................................................................Mark choice ofcorrespondencewith XPostalAddress:............................................................................................................................................................................................................................................................................................................................................ Postal Code: ....................E-mailAddress: ..............................................................................................TelephoneNumber: ..............................................................................................CellularNumber: ..............................................................................................FacsimileNumber: ..............................................................................................3

GEORGE MUNICIPALITY / GEORGE MUNISIPALITEIT / UMASIPALA WASEGEORGEQUOTATION NO MM 009 OF 2013 / KWOTASIE NR MM 009 VAN 2013 / INTELEKELELOYEENDLEKO NO MM 009 KA- 2013Quotations are hereby invited for the:PROVISION OF TRAINING ANDONGOING SUPPORT INPERMACULTURE FOR FOODGARDENS IN SPECIFIC LOCATIONSWITHIN WARD 4, GEORGEMUNICIPALITY.Completed quotations in a sealedenvelope, clearly marked:Quotation No.MM 009/2013, must beplaced in the tender box at the GeorgeMunicipality on the First Floor,Department: Financial Services,Supply Chain Management, YorkStreet, George by no later than 12:00 onWednesday, 29 May 2013. Quotationswill be opened on the same day in theCommittee Room at 12:05. Late orunmarked quotations will not beconsidered. No posted quotations orquotations per fax or e-mail will beaccepted.Quotation documents are available at anon refundable deposit of R31-00 eachfrom the Supply Chain Management Unit,First Floor, Civic Centre, York Street,George.Quotation documents are available on theGeorge Municipality’s website:www.george.org.za, free of charge.Quotations will be evaluated andadjudicated in terms of the PreferentialProcurement Policy Framework Act (Act 5of 2000) Regulations 2011 and theGeorge Municipality’s Supply ChainManagement Policy, where 80 points willbe scored for price and 20 points for B-BBEE status.For more information, contact Me CarliBunding Venter at 044 - 802 2013.The Municipality reserves the right towithdraw any invitation to quote and/or toreadvertise or to reject any quotation or toaccept a part of it. The Municipality is notbound to accept the lowest or anyquotation.Important note: a Valid original taxclearance certificate and certifiedcopies of directors and owners identitydocuments must be submitted with thedocumentation.Kwotasies word hiermee ingewag virdie:VOORSIENING VAN OPLEIDING ENDEURLOPENDE ONDERSTEUNINGIN PERMAKULTUUR VIR VOEDSELTUINE IN SPESIFIEKE GEBIEDEBINNE WYK 4, GEORGEMUNISIPALITEIT.Voltooide Kwotasies in ‘n verseëldekoevert, duidelik gemerk:Kwotasie Nr. MM 009/2013, moet voorWoensdag, 29 May 2013 om 12:00 indie tenderbus by die GeorgeMunisipaliteit op die Eerste Vloer,Departement: Finansiële Dienste,VoorsieningskanaalBestuurseenheid, Burgersentrum,Yorkstraat, George geplaas word.Kwotasies sal om 12:05 dieselfde dag indie Komiteekamer oopgemaak word.Laat of ongemerkte Kwotasies sal nieoorweeg word nie. Geen Kwotasies perpos, faks of e-pos sal aanvaar word nie.Kwotasie dokumente is verkrygbaarteen ‘n R31-00 nie-terugbetaalbaredeposito elk by dieVoorsieningskanaalbestuur Eenheid opdie Eerste Vloer, Burgersentrum,Yorkstraat, George.Kwotasie dokumente is gratis op dieGeorge Munisipaliteit se webbladbeskikbaar: www.george.org.za.Kwotasies sal ge-evalueer en toegekenword in terme van die Wet op dieRaamwerk virVoorkeurverkrygingsbeleid (Wet 5 van2000) Regulasies 2011, asook GeorgeMunisipaliteit seVoorsieningskanaalbestuursbeleid, waar80 punte ten opsigte van die prys en 20punte ten opsigte van B-BBEE statustoegeken sal word.Vir verdere inligting, kontak Me. CarliBunding Venter by 044-802 2013.Die Munisipaliteit behou hom die regvoor om enige versoek vir ‘n Kwotasieterug te trek en/of te her-adverteer ofenige Kwotasie te verwerp ofgedeeltelik te aanvaar. DieMunisipaliteit is nie daartoe gebind omdie laagste of enige kwotasie te aanvaarnie.Iintelekelelo zeendleko ziyamenywamalunga:NOKUNIKEZELWA KOQEQESHOKUNYE NENKXASO EZINGISAYOKULIMO OLUSISIGXINA LWEZITIYAZOKUTYA KWIINDAWO EZITHILEPHAKATHI KWEWADI YESI-4,UMASIPALA WASEGEORGE.Iintelekelelo zeendleko ezigqityiweyokwimvulophu evaliweyo ephawulwengokucacileyo:Intelekelelo yeendleko No. MM009/2013, kufuneka ibekwe kwibhokisiyesiniki maxabisio kwaMasipalawaseGeorge kuMgangatho Wokuqala,Ubongameli: Iinkonzo Zemali,Ulawulo lweNtengiso, YorkStreet,eGeorge kungadlulanga intsimbiye- 12:00, ngoLwesithathu, 29kuCanzibe 2013. Iintelekelelozeendleko ziya kuvulwa kwangalomhlamnye kwiGumbi leKomiti ngo- 12:05.Iintelekelelo zeendleko ezifike emvakwexesha okanye ezingaphawulwangaazisayi kunanzwa. Akukho ntelekelelozeendleko zifeksiweyo okanye zeimeyili ziya kwamkelwa.Amaxwebhu entelekelelo yeendlekoayafumaneka ngedipozithiengabuyiswayo yama- R31.00 lilinyekuLawulo lweNtengiso, uMgangathoWokuqala, Kwiziko loluNtu, YorkStreet, eGeorge.Amaxwebhu entelekelelo yeendlekoayafumaneka kwiwebhusayithikaMasipala waseGeorge:www.george.org.za simahla.Iintelekelelo zeendleko ziya kuhlolwakwaye zigwetywe ngokwesigqibosoMthetho omiselweyo obizwa ngokubayiPreferential Procurement PolicyFramework Act (Umthetho wesi-5 ka-2000) Imimiselo ka-2011 kunyenoMgaqo-nkqubo woLawuloLweNtengiso kaMasipala waseGeorge,apho amanqaku angama- 80 ayakwabiwa malunga nexabiso kunyenangama- 20 amanqaku malunganewonga leB-BBEE.Malunga nolwazi oluthe vetshe,qhagamshelana noNksk Carli Bunding-Venter kwa- (044) 802 2013.4

All persons that take part in thequotation process, must be registeredon the Municipality’s accreditedsupplier database.T BOTHAMUNICIPAL MANAGERGEORGE MUNICIPALITYGEORGE6530Belangrike kennisgewing: ‘nOorspronklike belastinguitklaringsertifikaat engesertifiseerde afskrifte van diedirekteure en eienaars seidentiteitsdokumente moet ingesluitwees by dokumentasie.Alle persone wat aan die kwotasieproses deelneem, moet op dieMunisipaliteit se geakkrediteerdeverskaffers databasis geregistreerwees.T BOTHAMUNISIPALE BESTUURDERGEORGE MUNISIPALITEITGEORGE6530Umasipala ugcina ilungelo lokurhoxisanasiphina isimemo sokunika intelekeleloyeendleko kunye okanye ukuyazisakwakhona okanye ukwala nayiphinaintelekelelo yeendleko okanye inxenyeyayo.Umasipala akabophelelekangaekwamkeleni intelekelelo yeendlekoeyeyona iphantsi.Ingqalelo ebalulekileyo: Isiqinisekisosokuqala somthetho wokucocekakwirhafu kunye neekopi zezazisizabalawuli kunye nabaninieziqiniselweyo kufuneka zingeniswekunye namaxwebhu.Bonke abantu abathatha inxaxhebakule nkqubo yokunika amaxabisokufuneka babhaliswe kuluhluekugcinwa kulo iindawo ezaziwangento lwabaxhobisi olwamkelweyolukaMasipala.T BOTHAUMPHATHI KAMASIPALAUMASIPALA WASEGEORGEGEORGE65305

REQUEST FOR FORMAL QUOTATIONKindly furnish me with a quotation for the supply of the goods/services as detailed in theenclosed schedule.The quotation must be submitted on this document and must be deposited in the tender boxon the First Floor, Department: Financial Services, Supply Chain Management, Civic Centre,York Street, George by no later than 12:00 on Wednesday, 29 May 2013.The following conditions will apply:• Price(s) quoted must be valid for at least ninety (90) days from date of your offer.• Price(s) quoted must be firm.• A firm delivery period must be indicated.• All transactions exceeding R30 000,00 must be accompanied by a valid tax clearancecertificate issued by the South African Revenue Services (SARS).• All quotations above R30 000,00 (VAT included) and up to R200 000,00 (VAT included)will be evaluated in terms of the 80/20 preferencial point system as prescribed in thePreferential Procurement Policy Framework Act (no 5 of 2000) Regulations 2011 and forthis purpose the enclosed forms MBD 2, MBD 4, MBD 6.1, MBD 8 and MBD 9 must becompleted and submitted together with your quotation.• The successful provider will be the one scoring the highest points.• Status of Municipal accounts must be submitted.• Certified copies of the identities of the directors and owners of the companies must beattached to this quotation document.• Quotation documents must be completed in black ink. In the event of a mistake havingbeen made on the quotation documents, it shall be crossed out in ink and beaccompanied by a full signature at each alteration. No correction fluid may be usedin this quotation document.• Do not dismember this quotation document (do not take it apart or put documentsbetween pages). All relevant documents submitted must be attached at the end ofthis document.B-BBEE certificates submitted with the quotation documents MUST be a VALIDORIGINAL B-BBEE CERTIFICATE or VALID CERTIFIED COPY OF THE B-BBEECERTIFICATE.B-BBEE certificates issued from 1 March 2012 MUST contain the SANAS logo.Tenderers with annual total revenue of R5 million or less qualify as Exempted MicroEnterprises (EMEs) in terms of the Broad-Based Black Economic Empowerment Act, andMUST submit a certificate issued by a registered Auditor or accredited verification agency,except for the following categories:• Tourism R2.5 million or less• Construction R1.5 million or lessIf the Certificate is not attached to this quotation document, no points shall be awarded forB-BBEE status.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 statuslevel certificate.6

Certificates issued by an Auditor or Accounting Officer will be issued in his/her letterheadwith the practice number and contact number clearly specified on the face of the certificates.When confirming the validity of such a certificate, the following should be detailed on theface of the certificate:• The Auditor’s / Accounting Officer’s letter head with full contact details;• The Auditor’s / Accounting Officer’s practice numbers;• The name and the physical location of the measured entity;• The registration number and, where applicable, the VAT number of the measuredentity;• The date of issue and date of expiry;• The B-BBEE Status Level of Contribution obtained by the measured entity; and• The total black shareholding and total black female shareholding.NB: No quotations will be considered from persons in the service of the state.Failure to comply with these conditions may invalidate your offer.7

DETAILS OF TENDERERName of firm / entity / enterpriseTrading as (if different from above)Postal addressPostal Code _______Physical addressContact Details of the PersonSigning the Quotation:Name: _____________________________________Telephone: (___) __________ Fax: (___) __________Cellular Number: _____________________________E-mail address: _____________________________Contact Details of the SeniorManager Responsible forOverseeingContractPerformance:Name: _____________________________________Telephone: (___) __________ Fax: (___) __________Cellular Number: _____________________________E-mail address: _____________________________Contact Details of PersonResponsible for Accounts /Invoices:Name: _____________________________________Telephone: (___) __________ Fax: (___) __________Cellular Number: _____________________________E-mail address: _____________________________Company Income Tax NumberVAT Registration NumberCompany Registration NumberAny other Registration Applicable tothis IndustryCIDB Registration NumberN.A. for this tender.8

DETAILS OF TENDERING ENTITY’S BANKI/We hereby authorize the Employer/Client to approach all or any of the following bank/s forthe purposes of obtaining a financial reference:DESCRIPTION OFBANK DETAILBANK DETAILS APPLICABLE TOTENDERER’S HEAD OFFICEName of bankBranch nameBranch codeName of Account HolderAccount numberType of AccountSignature of Tenderer:___________________________________Date:___________________________________9

THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS /MEMBERS / PARTNERSRESOLUTION of a meeting of the Board of Directors / Members / Partners of______________________________________________________________________NAME OF TENDERERHeld at _______________________________________ on ______________________(Place)(Date)RESOLVED THAT:1. The enterprise submits a quotation to the George Municipality in respect of thefollowing:QUOTATION NUMBER: MM 009/2013THE PROVISION OF TRAINING AND ONGOING SUPPORT IN PERMACULTURE FORFOOD GARDENS IN SPECIFIC LOCATIONS WITHIN WARD 4, GEORGE MUNICIPALITY2. Mr/Mrs/Ms _______________________________________________________In his/her capacity as _______________________________________________and who will sign as follows:__________________________________(SPECIMAN SIGNATURE)be, and is hereby, authorized to sign the Quotation and any and all other documents and/orcorrespondence in connection with and relating to the Quotation, as well as to sign anycontract, and or all documentation resulting from the award of the Quotation to theenterprise mentioned above.Note: The resolution must be signed by all the directors or members / partners of thebidding enterprise. Should the space provided below not be sufficient for all the directors tosign, please provide a separate sheet in the same format below.Name Capacity Signature12345610

THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF ACONSORTIUM OR JOINT VENTURERESOLUTION of a meeting of the Board of Directors / Members / Partners of______________________________________________________________________NAME OF TENDERERHeld at _______________________________________ on ______________________(Place)(Date)RESOLVED THAT:1. The enterprise submits a Quotation to the George Municipality in respect of thefollowing:QUOTATION NUMBER: MM 009/2013THE PROVISION OF TRAINING AND ONGOING SUPPORT IN PERMACULTURE FORFOOD GARDENS IN SPECIFIC LOCATIONS WITHIN WARD 4, GEORGE MUNICIPALITY(list all the legally correct full names and registration numbers, if applicable, of theEnterprises 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 Quotation and any and all other documents and/orcorrespondence in connection with and relating to the Quotation, as well as to sign anycontract, and or all documentation resulting from the award of the Quotation to theConsortium / Joint Venture enterprise mentioned above.3. The enterprise in the form of a consortium or joint venture accept jointly and severalliability with parties under item 1 above for the fulfillment of the obligations of the jointventure deriving from, and in any way connected with the contract to be entered intowith the George Municipality in respect of the project described above under item 1.4. The Consortium / Joint Venture enterprise chooses as its domicilium citandi etexecutandi for all purposes arising from this joint venture agreement and contractwith the George Municipality in respect of the project under item 1:(Physical Address) ________________________________________________________________________________________________________________11

Note: The resolution must be signed by all the directors or members / partners of thebidding enterprise. Should the space provided below not be sufficient for all the directors tosign, please provide a separate sheet in the same format below.Name Capacity Signature1234567891012

JOINT VENTUREOnly to be completed if applicableName of Joint Venture:Names of Each Enterprise:(1) Name and Address ofEnterprise:(2) Name and Address ofEnterprise:(3) Name and Address ofEnterprise:Has an original valid TaxClearance Certificate beensubmitted for eachenterprise?YESNOCIDB RegistrationNumber(s), if any:Submit your Joint Venture Agreement together with thisannexure. If no Joint Venture Agreement is submitted,your tender will be disqualified.SIGNED ON BEHALF OF JOINT VENTURE13

QUOTATION SPECIFICATIONSPROVISION OF TRAINING AND ONGOING SUPPORT IN PERMACULTURE FOR FOODGARDENS IN SPECIFIC LOCATIONS WITHIN WARD 4, GEORGE MUNICIPALITYBACKGROUNDDuring early 2012 the George Municipality started an Economic Competitiveness Initiative,phase of this took the form of a PACA process (Participatory Appraisal of CompetitiveAdvantage). During this phase an Economic Development Strategy was produced, withVegetable production as one of the key focus areas for future economic growth. As a quickwin project (aimed at kick starting action) the better management and increased yield ofcommunity and private food gardens were identified. This request for quotation is thusaimed at providing members of communities currently active in food gardening with higherorder skills in order to turn food gardens from a social activity into a possible market entrypoint through surplus production.Against this backdrop, permaculture has specifically been chosen as the preferred area ofup-skilling. Numerous definitions of permaculture exist, including for example:Permaculture (Permanent Agriculture) is the conscious design and maintenance ofcultivated ecosystems which have the diversity, stability & resilience of natural ecosystems.It is the harmonious integration of landscape, people & appropriate technologies, providinggood, shelter, energy & other needs in a sustainable way. Permaculture is a philosophy andan approach to land use which works with natural rhythms & patterns, weaving together theelements of microclimate, annual & perennial plants, animals, water & soil management, &human needs into intricately connected & productive communities.Bill Mollison & Scott Pittman, La Tierra Community CA PDC flyerThe core tenets of permaculture are:• Take Care of the Earth: Provision for all life systems to continue and multiply. Thisis the first principle, because without a healthy earth, humans cannot flourish.• Take Care of the People: Provision for people to access those resources necessaryfor their existence.• Share the Surplus: Healthy natural systems use outputs from each element tonourish others. We humans can do the same. By governing our own needs, we canset resources aside to further the above principles.The George Municipality in its 2012/2013 financial year has awarded each of its 25 Wardsan amount of R100 000, which is to be utilized at the discretion of the Ward Committee todirectly benefit the local community. Food gardens have been identified as an area withpotential in Ward 4, and this Ward will be utilized as pilot site for this training.SPECIFICATIONS:This project will require training of:• • • 14

And through the training process the establishment of small scale permaculture foodgardens on properties of participantsThe project will further require ongoing support to those trained individuals for aperiod of 9 months, as well as the facilitation of market access opportunities for thesale of surplus produce.TRAININGTraining of 25 members of the communities in each of the designated areas, as follows:• • !Training should include at least the following:1. Systems Design with Permaculture principles2. Soil creation - no till, compost creation, worm farming, basic bio agronomy3. Plant & Nursery skills- Propagation, germination, layout, pest control, fertility control4. Site water design- water catchments, grey water systems, storages, irrigationService providers to indicate number of days required for training, whether training can takeplace on site at gardens or whether a class room facility is required.Training materials supplied must include for each participant (11):"! # ! $%& Materials supplied for the preparation of one vegetable producing site must include:"! $ % ' %! $%& ! ()! *& +! , - * % .! / 0! 1 NOTE: Not all of these materials have to be procured by the service provider, linkages withother Government Departments (e.g. Agriculture) or leveraging of existing infrastructure(e.g. water tanks already placed) will be beneficial and should greatly contribute to areduction in direct cost to the Municipality. Should these partnerships be pursued by theappointed service provider, they will still remain responsible for the delivery of abovewhether the partner entity performs it agreed delivery or not. The establishment of theserelationships and leveraging of resources will be the duty of the service provider, and shouldthis avenue be pursued it should be clearly stipulated in the submitted quote.CertificatesService provider to issue each attendee with a certificate of attendance upon completion ofthe course (even though this is non-accredited training!).15

ONGOING SUPPORTSupport to be supplied on a weekly basis for an initial 3 months, thereafter on a monthlybasis for no less than a further 6 months. Thus support provided in total for 9 months. Thisto include site visits at intervals indicated above, and assistance in seasonal planting, pestcontrol, etc.Economic LinkagesIt is a further requirement that the service provider set up, via the trained Team Leaderlinkages with potential market access points such as spaza shops, informal traders andweekly markets for the sale of surplus vegetables. The aim is for food gardens to becomeaccess points into the economy for these trained individuals.INHERENT REQUIREMENTSSelection of participants and sitesThe selection of all participants, as well as sites for the establishment of the one larger scalegarden will be done by through the Ward Committee structure, in conjunction with theservice provider. The aim will be to focus on existing NGO’s and NPO’s with a proven trackrecord, or to link this training to other reputable ongoing food gardening activities in thespecific areas. The aim is not to duplicate effort, but rather through this training provideskills to persons already showing some form of commitment to vegetable production.Minimum requirementsService providers must show, by means of supporting documents or explicit statements inquotation documentation:"! 2 % % % ! 3 3 43! 5 16

PRICING SCHEDULEThe offer to be valid for 90 days from the closing date of the quotation.QUOTATION PRICE (EXCLUDING VAT)R_________________VAT%R_________________QUOTATION PRICE (INCLUDING VAT)R_________________o Does the offer comply with the specifications?YES / NOo If not to specifications, indicate deviation(s):………………………………………………………………………………………..………………………………………………………………………………………..o Period required for delivery? …………………………………………………….o All delivery costs must be included in the quotation price, for delivery at theprescribed destination.o Is/Are the price/s offered subject to any discount for 30 day’s settlement?YES / NOSignature of Tenderer: ………………………………………………………….17

THE QUOTATION OFFERI/We Mr/Mrs/Messrs _____________________________________________________ dulyassigned to represent the service provider for the purpose of this quotation, hereby quote tosupply all or any of the goods and/or render all or any of the services described in theattached documents to the George Municipality on terms and conditions stipulated in thisquotation and in accordance with the specifications stipulated in the quotation documents(which shall be taken as part of, and incorporated into this quotation) at the price reflectedon page 17 in the Pricing Schedule.I/we agree that this offer shall remain valid for a period of 90 days commencing from theclosing date and time of this quotation.I/we further agree that:This quotation and its acceptance shall be subject to the terms and conditions contained inthe George Municipality’s Supply Chain Management Policy;If I/we withdraw my/our quotation within the period for which I/we have agreed that thequotation shall remain open for acceptance, or fail to fulfill the contract when called upon todo so, the George Municipality may, without prejudice to its other rights, agree to thewithdrawal of my/our quotation or cancel the contract that may have been entered intobetween me/us and the George Municipality and I/we will then pay to the GeorgeMunicipality any additional expense incurred by the George Municipality having either toaccept any less favorable quotation or, if fresh quotation have to be invited, the additionalexpenditure incurred by the invitation by the invitation of fresh quotations and by thesubsequent acceptance of any less favorable quotation; the George Municipality shall alsohave the right to recover such additional expenditure by set-off against moneys which maybe due or become due to me/us under this or any other quotation or contract or against anyguarantee or deposit that may have been furnished by me/us or on my/our behalf for thedue fulfillment of this or any other quotation or contract and pending the ascertainment ofthe amount of such additional expenditure or retain such moneys, guarantee or deposit assecurity for any loss the George Municipality may sustain by reason of my/our default;If my/our quotation is accepted the acceptance may be communicated to me/us by letter ororder by certified mail or registered mail. Such posting shall be deemed to be properservice 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 acceptanceof my/our quotation and that I/we choose domicilium citandi et executandi in the Republic ofSouth Africa, where any and all legal notices may be served at (full street address on thisplace):Physical Address:____________________________________________________________________________________________________________________________________I/we furthermore confirm that I/we have satisfied myself/ourselves as to the correctness andvalidity of my/our quotation; that the price(s) and rate(s) quoted cover all the work/item(s)18

specified in the quotation documents and that the price(s) and rate(s) cover all my/ourobligations under a resulting contract and that I/we accept that any mistakes regardingprice(s) and calculations will be at my/our own risk.I/we hereby accept full responsibility for the proper execution and fulfillment of all obligationsand conditions devolving on me/us under this agreement as the Principal(s) liable for thedue fulfillment of this contract.I/we agree that any action arising from this contract may in all respects be instituted againstme/us and I/we hereby undertake to satisfy fully any sentence or judgement which may bepronounced against me/us as a result of such action.I/we declare that I/we have participation / no participation in the submission of any otheroffer for the supplies/services described in the attached documents. If in the affirmative,state name(s) of quotations involved.Name:_________________________________Signature:_________________________________Date:_________________________________This form must be completed and signed to be consideredprovisionally responsive.19

ACCEPTANCEBy signing this part of the form of offer and acceptance, the employer identified belowaccepts the supplier’s offer. In consideration thereof, the employer shall pay the supplier theamount due in accordance with the conditions identified in the quotation data. Acceptanceof the supplier’s offer shall form an agreement between the employer and the supplier uponthe terms and conditions contained in this agreement and in the contract that is the subjectof this agreement.Notwithstanding anything contained herein, this agreement comes into effect on the datewhen the supplier receives one fully completed original copy of this document, including theschedule of deviations (if any). Unless the supplier within five working days of the date ofsuch receipt notifies the employer in writing of any reason why he cannot accept thecontents of this agreement, this agreement shall constitute a binding contract between theparties.Name:MR T BOTHASignature:_________________________________Capacity:MUNICIPAL MANAGERDate:_________________________________For the Employer:GEORGE MUNICIPALITYCIVIC CENTREYORK STREETGEORGE20

MBD 2TAX CLEARANCE CERTIFICATEIt is a condition of bid that the taxes of the successful bidder must be inorder, or that satisfactory arrangements have been made with South AfricanRevenue Service (SARS) to meet the bidder’s tax obligations.1 In order to meet this requirement bidders are required to complete infull form TCC 001 “Application for a Tax Clearance Certificate” andsubmit it to any SARS branch office nationally. The Tax ClearanceCertificate Requirements are also applicable to foreign bidders /individuals who wish to submit bids.2 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form areavailable from any SARS branch office nationally or on the websitewww.sars.gov.za.3 Applications for the Tax Clearance Certificates may also be made viaeFiling. In order to use this provision, taxpayers will need to register withSARS as eFilers through the website www.sars.gov.za.4 SARS will then furnish the bidder with a Tax Clearance Certificate that willbe valid for a period of 1 (one) year from the date of approval.5 The original Tax Clearance Certificate must be submitted together with thebid. Failure to submit the original and valid Tax Clearance Certificate willresult in the invalidation of the bid. Certified copies of the Tax ClearanceCertificate will not be acceptable.6 In bids where Consortia / Joint Ventures / Sub-contractors are involved,each party must submit a separate Tax Clearance Certificate.7 Copies of the TCC 001 “Application for a Tax Clearance” form areavailable from any SARS branch office nationally or on the website:www.sars.gov.za.8 Applications for the Tax Clearance Certificates may also be made viaeFiling. In order to use this provision, taxpayers will need to register withSARS as eFilers through the website www.sars.gov.za.21

DECLARATION OF INTERESTMBD 41. No bid will be accepted from persons in the service of the state*.2. 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 thisinvitation to bid. In view of possible allegations of favouritism, should theresulting bid, or part thereof, be awarded to persons connected with orrelated to persons in the service of the state, it is required that the bidder ortheir authorised representative declare their position in relation to theevaluating/adjudicating authority.3. In order to give effect to the above, the following questionnaire mustbe completed and submitted with the bid.3.1 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, theirindividual identity numbers and state employee numbers (whereapplicable) must be indicated in paragraph 4 below.3.8 Are you presently in the service of the state* YES / NO3.8.1 If yes, furnish particulars.………………………………………………………………………………………………………………………………3.9 Have you been in the service of the state for the past YES / NOtwelve months?3.9.1 If so, furnish particulars.………………………………………………………………22

………………………………………………………………3.10 Do you, have any relationship (family, friend, other) with YES / NOpersons in the service of the state and who may beinvolved with the evaluation and or adjudication of this bid?3.10.1 If so, state particulars.………………………………………………………………………………………………………………………………3.11 Are you aware of any relationship (family, friend, other) YES / NObetween the bidder and any person in the service of thestate who may be involved with the evaluation and oradjudication of this bid?3.11.1 If so, state particulars.……………………………………………………………………………………………………………………3.12 Are any of the company’s directors, managers, principal YES / NOshareholders or stakeholders in service of the state?3.12.1 If so, state particulars.……………………………………………………………………………………………………………………3.13 Are any spouse, child or parent of the company’s YES / NOdirectors, trustees, managers, principle shareholders orstakeholders in service of the state?3.13.1 If so, furnish particulars.……………………………………………………………………………………………………………………3.14 Do you or any of the directors, trustees, managers, principleshareholders, or stakeholders of this company have any interest YES / NOin any other related companies or business whether or not theyare bidding for this contract?3.14.1 If so, furnish particulars.……………………………………………………………………………………………………………………23

4. Full details of directors / trustees / members / shareholders:THE FOLLOWING INFORMATION IS COMPULSORY TO COMPLETE:Full Name Identity Number Individual TaxNumber for eachDirectorState EmployeeNumber(Whereapplicable)…………………………………..Signature……………………………………Capacity…….…………………….……..Date………………………………….Name of Bidder¹MSCM 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 orprovincial public entity or constitutional institution within the meaning of thePublic 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 involvedin the management of the company or business and exercise control over the company.24

PREFERENCE POINTS CLAIM FORM IN TERMS OF THEPREFERENTIAL PROCUREMENT REGULATIONS 2011MBD 6.1This preference form must form part of all bids invited. It contains generalinformation and serves as a claim form for preference points for Broad-Based BlackEconomic Empowerment (B-BBEE) Status Level of ContributionNB:BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERALCONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS,2011.1. GENERAL CONDITIONS1.1 The following preference point systems are applicable to all bids:- the 80/20 system for requirements with a Rand value of up to R1 000 000 (allapplicable taxes included); and- the 90/10 system for requirements with a Rand value above R1 000 000 (allapplicable taxes included).1.2 The value of this bid is estimated not to exceed R1 000 000 (all applicable taxesincluded) and therefore the 80/20 system shall be applicable.1.3 Preference points for this bid shall be awarded for:(a) Price; and(b) B-BBEE Status Level of Contribution.1.3.1 The maximum points for this bid are allocated as follows:POINTS1.3.1.1 PRICE 801.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 20Total points for Price and B-BBEE must not exceed 1001.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEEVerification Certificate from a Verification Agency accredited by the South AfricanAccreditation System (SANAS) or a Registered Auditor approved by the IndependentRegulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in theClose Corporation Act (CCA) together with the bid, will be interpreted to mean thatpreference points for B-BBEE status level of contribution are not claimed.1.5. The purchaser reserves the right to require of a bidder, either before a bid isadjudicated or at any time subsequently, to substantiate any claim in regard topreferences, in any manner required by the purchaser.2. DEFINITIONS2.1 “all applicable taxes” includes value-added tax, pay as you earn, income tax,unemployment insurance fund contributions and skills development levies;25

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section1 of the Broad-Based Black Economic Empowerment Act;2.3 “B-BBEE status level of contributor” means the B-BBEE status received by ameasured entity based on its overall performance using the relevant scorecardcontained in the Codes of Good Practice on Black Economic Empowerment, issuedin terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;2.4 “bid” means a written offer in a prescribed or stipulated form in response to aninvitation by an organ of state for the provision of services, works or goods, throughprice quotations, advertised competitive bidding processes or proposals;2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-BasedBlack Economic Empowerment Act, 2003 (Act No. 53 of 2003);2.6 “comparative price” means the price after the factors of a non-firm price and allunconditional discounts that can be utilized have been taken into consideration;2.7 “consortium or joint venture” means an association of persons for the purpose ofcombining their expertise, property, capital, efforts, skill and knowledge in an activityfor the execution of a contract;2.8 “contract” means the agreement that results from the acceptance of a bid by anorgan of state;2.9 “EME” means any enterprise with an annual total revenue of R5 million or less .2.10 “Firm price” means the price that is only subject to adjustments in accordance withthe actual increase or decrease resulting from the change, imposition, or abolition ofcustoms or excise duty and any other duty, levy, or tax, which, in terms of the law orregulation, is binding on the contractor and demonstrably has an influence on theprice of any supplies, or the rendering costs of any service, for the execution of thecontract;2.11 “functionality” means the measurement according to predetermined norms, as setout in the bid documents, of a service or commodity that is designed to be practicaland useful, working or operating, taking into account, among other factors, thequality, reliability, viability and durability of a service and the technical capacity andability of a bidder;2.12 “non-firm prices” means all prices other than “firm” prices;2.13 “person” includes a juristic person;2.14 “rand value” means the total estimated value of a contract in South Africancurrency, calculated at the time of bid invitations, and includes all applicable taxesand excise duties;2.15 “sub-contract” means the primary contractor’s assigning, leasing, making outwork to, or employing, another person to support such primary contractor in theexecution of part of a project in terms of the contract;2.16 “total revenue” bears the same meaning assigned to this expression in the Codesof Good Practice on Black Economic Empowerment, issued in terms of section 9(1)of the Broad-Based Black Economic Empowerment Act and promulgated in theGovernment Gazette on 9 February 2007;26

2.17 “trust” means the arrangement through which the property of one person is madeover orbequeathed to a trustee to administer such property for the benefit of anotherperson; and2.18 “trustee” means any person, including the founder of a trust, to whom property isbequeathed in order for such property to be administered for the benefit of anotherperson.3. ADJUDICATION USING A POINT SYSTEM3.1 The bidder obtaining the highest number of total points will be awarded the contract.3.2 Preference points shall be calculated after prices have been brought to acomparative basis taking into account all factors of non-firm prices and allunconditional discounts.3.3 Points scored must be rounded off to the nearest 2 decimal places.3.4 In the event that two or more bids have scored equal total points, the successful bidmust be the one scoring the highest number of preference points for B-BBEE.3.5 However, when functionality is part of the evaluation process and two or more bidshave scored equal points including equal preference points for B-BBEE, thesuccessful bid must be the one scoring the highest score for functionality.3.6 Should two or more bids be equal in all respects, the award shall be decided by thedrawing of lots.4. POINTS AWARDED FOR PRICE4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMSA maximum of 80 or 90 points is allocated for price on the following basis:80/20 or 90/10Where Pt − P min Pt − P min Ps = 801− or Ps = 901− P min P min Ps = Points scored for comparative price of bid under considerationPt = Comparative price of bid under considerationPmin =Comparative price of lowest acceptable bid5. Points awarded for B-BBEE Status Level of Contribution5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations,preference points must be awarded to a bidder for attaining the B-BBEE status levelof contribution in accordance with the table below:27

B-BBEE Status Level ofContributorNumber of points(90/10 system)Number of points(80/20 system)1 10 202 9 183 8 164 5 125 4 86 3 67 2 48 1 2Non-compliantcontributor0 05.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificateissued by a Verification Agency accredited by SANAS or a Registered Auditor.Registered auditors do not need to meet the prerequisite for IRBA’s approval for thepurpose of conducting verification and issuing EMEs with B-BBEE Status LevelCertificates.5.3 Bidders other than EMEs must submit their original and valid B-BBEE status levelverification certificate or a certified copy thereof, substantiating their B-BBEE ratingissued by a Registered Auditor approved by IRBA or a Verification Agencyaccredited by SANAS.5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status levelas a legal entity, provided that the entity submits their B-BBEE status level certificate.5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status levelas an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.5.6 Tertiary institutions and public entities will be required to submit their B-BBEE statuslevel certificates in terms of the specialized scorecard contained in the B-BBEECodes of Good Practice.5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the biddocuments that such a bidder intends sub-contracting more than 25% of the value ofthe contract to any other enterprise that does not qualify for at least the points thatsuch a bidder qualifies for, unless the intended sub-contractor is an EME that has thecapability and ability to execute the sub-contract.5.8 A person awarded a contract may not sub-contract more than 25% of the value ofthe contract to any other enterprise that does not have an equal or higher B-BBEEstatus level than the person concerned, unless the contract is sub-contracted to anEME that has the capability and ability to execute the sub-contract.6. BID DECLARATION28

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution mustcomplete the following:7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OFPARAGRAPHS 1.3.1.2 AND 5.17.1 B-BBEE Status Level of Contribution: …………. = ……………(maximum of 10 or20 points)(Points claimed in respect of paragraph 7.1 must be in accordance with thetable reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or aRegistered Auditor approved by IRBA or an Accounting Officer ascontemplated in the CCA).8 SUB-CONTRACTING8.1 Will any portion of the contract be sub-contracted?YES / NO (delete which is not applicable)8.1.1 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?YES / NO (delete which is not applicable)9 DECLARATION WITH REGARD TO COMPANY/FIRM9.1 Name of firm : ....................................................................................9.2 VAT registration number : ....................................................................................9.3 Company registration number :…………………………………………………………….9.4 TYPE OF COMPANY/ FIRMPartnership/Joint Venture / ConsortiumOne person business/sole proprietyClose corporationCompany(Pty) Limited[TICK APPLICABLE BOX]9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES………….. ...................................................................................................................................……………… .............................................................................................................................…………….. ...............................................................................................................................29

9.6 COMPANY CLASSIFICATIONManufacturerSupplierProfessional service providerOther service providers, e.g. transporter, etc.[TICK APPLICABLE BOX]9.7 MUNICIPAL INFORMATIONMunicipality where business is situated ………………………………………..Registered Account Number …………………………….Stand Number ……………………………………………….9.8 TOTAL NUMBER OF YEARS THE COMPANY/FIRM HAS BEEN IN BUSINESS?……………………………………9.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of thecompany/firm, certify that the points claimed, based on the B-BBE statuslevel of contribution indicated in paragraph 7 of the foregoing certificate,qualifies the company/ firm for the preference(s) shown and I / weacknowledge that:(i)(ii)(iii)(iv)The information furnished is true and correct;The preference points claimed are in accordance with the GeneralConditions as indicated in paragraph 1 of this form.In the event of a contract being awarded as a result of pointsclaimed as shown in paragraph 7, the contractor may be required tofurnish documentary proof to the satisfaction of the purchaser thatthe claims are correct;If the B-BBEE status level of contribution has been claimed orobtained on a fraudulent basis or any of the conditions of contracthave not been fulfilled, the purchaser may, in addition to any otherremedy it may have –(a) disqualify the person from the bidding process;(b) recover costs, losses or damages it has incurred or sufferedas a result of that person’s conduct;(c) cancel the contract and claim any damages which it hassuffered as a result of having to make less favourablearrangements due to such cancellation;(d) restrict the bidder or contractor, its shareholders anddirectors, or only the shareholders and directors who actedon a fraudulent basis, from obtaining business from anyorgan of state for a period not exceeding 10 years, after theaudi alteram partem (hear the other side) rule has beenapplied; and(e) forward the matter for criminal prosecution.…………………………………….SIGNATURE(S) OF BIDDER(S)……………………….DATE30

SCORING PRICE AND PREFERENCE80/20 and 90/10 Scoring:80 / 20Maximum points scored for price – Up to R1,000,000 (including 14% VAT)Pt – P minPs = 80 (1- P min )Ps = Points scored for price of bid under considerationPt = Rand value of bid under considerationPmin = Rand value of lowest acceptable bid submitted90 / 10Maximum points scored for price – Greater than R1 000,000 (including 14%VAT)Pt – P minPs = 90 (1- P min )Ps = Points scored for price of bid under considerationPt = Rand value of bid under considerationPmin = Rand value of lowest acceptable bid submitted31

80/20 Preference Point System:PREFERENCE SCORING – 2011B-BBEE Status Level ofNumber of PointsContributor1 202 183 164 125 86 67 48 2Non-compliant contributor 090/10 Preference Point System:B-BBEE Status Level ofNumber of PointsContributor1 102 93 84 55 46 37 28 1Non-compliant contributor 0Section 5(2) and Section 6(2), Preferential Procurement Regulations 2011B-BBEE certificates submitted with the quotation document MUSTbe a VALID ORIGINAL B-BBEE CERTIFICATE or VALID CERTIFIEDCOPY OF THE B-BBEE CERTIFICATE.Tenderers with annual total revenue of R5 million or less qualify as ExemptedMicro Enterprises (EMEs) in terms of the Broad-Based Black EconomicEmpowerment Act, and MUST submit a certificate issued by a registeredAuditor or accredited verification agency, except for the following categories:• Tourism R2.5 million or less• Construction R1.5 million or lessIf the Certificate is not attached to this tender document, no points shall beawarded for B-BBEE status.32

Certificates issued by an Auditor or Accounting Officer will be issued in his/her letterheadwith the practice number and contact number clearly specified on the face of the certificates.When confirming the validity of such a certificate, the following should be detailed on theface of the certificate:• The Auditor’s / Accounting Officer’s letter head with full contact details;• The Auditor’s / Accounting Officer’s practice numbers;• The name and the physical location of the measured entity;• The registration number and, where applicable, the VAT number of the measuredentity;• The date of issue and date of expiry;• The B-BBEE Status Level of Contribution obtained by the measured entity; and• The total black shareholding and total black female shareholding.33

MBD8DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENTPRACTICES1 This Municipal Bidding Document must form part of all bids invited.2 It serves as a declaration to be used by municipalities and municipalentities in ensuring that when goods and services are being procured, allreasonable steps are taken to combat the abuse of the supply chainmanagement system.3 The bid of any bidder may be rejected if that bidder, or any of its directorshave:a. abused the municipality’s / municipal entity’s supply chainmanagement system or committed any improper conduct in relation tosuch system;b. been convicted for fraud or corruption during the past five years;c. willfully neglected, reneged on or failed to comply with anygovernment, municipal or other public sector contract during the pastfive years; ord. been listed in the Register for Tender Defaulters in terms of section 29of the Prevention and Combating of Corrupt Activities Act (No 12 of2004).4 In order to give effect to the above, the following questionnaire mustbe completed and submitted with the bid.Item Question Yes No4.1 Is the bidder or any of its directors listed on the National Treasury’sdatabase as a company or person prohibited from doing businesswith the public sector?Yes No(Companies or persons who are listed on this database wereinformed in writing of this restriction by the National Treasury afterthe audi alteram partem rule was applied).The Database of Restricted Suppliers now resides on theNational Treasury’s webiste (www.treasury.gov.za) and can beaccessed by clicking on its link at the bottom of the homepage.4.1.1 If so, furnish particulars:4.2 Is the bidder or any of its directors listed on the Register for TenderDefaulters in terms of section 29 of the Prevention and Combatingof Corrupt Activities Act (No 12 of 2004)?The Register for Tender Defaulters can be accessed on theNational Treasury’s website (www.treasury.gov.za) by clickingon its link at the bottom of the home page.YesNo34

4.2.1 If so, furnish particulars:4.3 Was the bidder or any of its directors convicted by a court of law(including a court of law outside the Republic of South Africa) forfraud or corruption during the past five years?4.3.1 If so, furnish particulars:YesNoItem Question Yes No4.4 Does the bidder or any of its directors owe any municipal rates Yes Noand taxes or municipal charges to the municipality / municipalentity, or to any other municipality / municipal entity, that is inarrears for more than three months?4.4.1 If so, furnish particulars:4.5 Was any contract between the bidder and the municipality /municipal entity or any other organ of state terminated during thepast five years on account of failure to perform on or comply withthe contract?4.5.1 If so, furnish particulars:YesNoCERTIFICATIONI, THE UNDERSIGNED (FULL NAME) …………….………………………..……CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATIONFORM IS TRUE AND CORRECT.I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT,ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATIONPROVE TO BE FALSE.………………………………………...Signature………………………..….…Date……………………………………….Position…………………………..…..Name of Bidder35

MBD 9CERTIFICATE OF INDEPENDENT BID DETERMINATION1 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 decisionby an association of firms, if it is between parties in a horizontal relationshipand if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe seprohibition meaning that it cannot be justified under any grounds.3 Municipal Supply Regulation 38(1) prescribes that a supply chain managementpolicy must provide measures for the combating of abuse of the supply chainmanagement 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 abusedthe supply chain management system of the municipality or municipalentity or has committed any improper conduct in relation to such system;andc. cancel a contract awarded to a person if the person committed any corruptor fraudulent act during the bidding process or the execution of thecontract.4 This MBD serves as a certificate of declaration that would be used byinstitutions to ensure that, when bids are considered, reasonable steps aretaken to prevent any form of bid-rigging.5 In order to give effect to the above, the attached Certificate of BidDetermination (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 tocompete, secretly conspire to raise prices or lower the quality of goods and / or services forpurchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is,therefore, an agreement between competitors not to compete.36

MBD 9CERTIFICATE OF INDEPENDENT BID DETERMINATIONI, the undersigned, in submitting the accompanying bid:QUOTATION NUMBER: MM 009/2013: THE PROVISION OF TRAINING AND ONGOINGSUPPORT IN PERMACULTURE FOR FOOD GARDENS IN SPECIFIC LOCATIONSWITHIN WARD 4, GEORGE MUNICIPALITYin response to the invitation for the bid made by:GEORGE MUNICIPALITYdo hereby make the following statements that I certify to be true and complete inevery 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 isfound not to be true and complete in every respect;3. I am authorized by the bidder to sign this Certificate, and to submit theaccompanying bid, on behalf of the bidder;4. Each person whose signature appears on the accompanying bid has beenauthorized by the bidder to determine the terms of, and to sign, the bid, on behalfof the bidder;5. For the purposes of this Certificate and the accompanying bid, I understand thatthe word “competitor” shall include any individual or organization, other than thebidder, 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 ontheir qualifications, abilities or experience; and(c) provides the same goods and services as the bidder and/or is in the sameline of business as the bidder.37

MBD96. The bidder has arrived at the accompanying bid independently from, and withoutconsultation, communication, agreement or arrangement with any competitor.However communication between partners in a joint venture or consortium³ willnot be construed as collusive bidding.7. In particular, without limiting the generality of paragraphs 6 above, there hasbeen no consultation, communication, agreement or arrangement with anycompetitor regarding:(a) prices;(b) geographical area where product or service will be rendered (marketallocation)(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 andconditions of the bid; or(f) bidding with the intention not to win the bid.8. In addition, there have been no consultations, communications, agreements orarrangements with any competitor regarding the quality, quantity, specificationsand conditions or delivery particulars of the products or services to which this bidinvitation relates.9. The terms of the accompanying bid have not been, and will not be, disclosed bythe bidder, directly or indirectly, to any competitor, prior to the date and time ofthe official bid opening or of the awarding of the contract.10. I am aware that, in addition and without prejudice to any other remedy providedto combat any restrictive practices related to bids and contracts, bids that aresuspicious will be reported to the Competition Commission for investigation andpossible imposition of administrative penalties in terms of section 59 of theCompetition Act No. 89 of 1998 and or may be reported to the NationalProsecuting Authority (NPA) for criminal investigation and or may be restrictedfrom 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 Bidder³ Joint venture or Consortium means an association of persons for the purpose of combining theirexpertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.38

ANNEXURE APAST EXPERIENCETenderers must furnish hereunder details of similar works/services, which they havesatisfactorily completed in the past. The information shall include a description ofthe Works, the Contract value and name of Employer.EMPLOYERNATUREOF WORKVALUE OFWORKDURATIONANDCOMPLETIONDATEEMPLOYERCONTACT NO.D A T ESIGNATURE OF TENDERER39

GEORGE MUNICIPALITY PROCUREMENTGENERAL CONDITIONS OF CONTRACTTABLE OF CLAUSES1. Definitions2. Application3. General4. Standards5. Use of contract documents and information inspection6. Patent rights7. Performance security8. Inspections, tests and analysis9. Packing10. Delivery and documents11. Insurance12. Transportation13. Incidental services14. Spare parts15. Warranty16. Payment17. Prices18. Variation orders19. Assignment20. Subcontracts21. Delays in the supplier’s performance22. Penalties23. Termination for default24. Anti-Dumping and countervailing duties and rights25. Force Majeure26. Termination for insolvency27. Settlement of disputes28. Limitation of liability29. Governing language30. Applicable law31. Notices32. Taxes and duties33. Transfer of contracts34. Amendment of contracts35. Prohibition of restrictive practices40

1. Definitions:General Conditions of Contract1. The following terms shall be interpreted as indicated:1.1 “Closing time” means the date and hour specified in the bidding documentsfor the receipt of bids.1.2 “Contract” means the written agreement entered into between the purchaserand the supplier, as recorded in the contract form signed by the parties,including all attachments and appendices thereto and all documentsincorporated by reference therein.1.3 “Contract price” means the price payable to the supplier under the contract forthe full and proper performance of his contractual obligations.1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurementprocess or in contract execution.1.5 "Countervailing duties" are imposed in cases where an enterprise abroad issubsidized by its government and encouraged to market its productsinternationally.1.6 “Country of origin” means the place where the goods were mined, grown orproduced or from which the services are supplied. Goods are produced when,through manufacturing, processing or substantial and major assembly ofcomponents, a commercially recognized new product results that issubstantially different in basic characteristics or in purpose or utility from itscomponents.1.7 “Day” means calendar day.1.8 “Delivery” means delivery in compliance of the conditions of the contract ororder.1.9 “Delivery ex stock” means immediate delivery directly from stock actually onhand.1.10 “Delivery into consignees store or to his site” means delivered and unloadedin the specified store or depot or on the specified site in compliance with theconditions of the contract or order, the supplier bearing all risks and chargesinvolved until the goods are so delivered and a valid receipt is obtained.1.11 "Dumping" occurs when a private enterprise abroad market its goods on owninitiative in the RSA at lower prices than that of the country of origin andwhich have the potential to harm the local industries in the RSA.1.12 ”Force majeure” means an event beyond the control of the supplier and notinvolving the supplier’s fault or negligence and not foreseeable. Such eventsmay include, but is not restricted to, acts of the purchaser in its sovereigncapacity, wars or revolutions, fires, floods, epidemics, quarantine restrictionsand freight embargoes.1.13 “Fraudulent practice” means a misrepresentation of facts in order to influencea procurement process or the execution of a contract to the detriment of anybidder, and includes collusive practice among bidders (prior to or after bidsubmission) designed to establish bid prices at artificial non-competitivelevels and to deprive the bidder of the benefits of free and open competition.1.14 “GCC” means the General Conditions of Contract.1.15 “Goods” means all of the equipment, machinery, and/or other materials thatthe supplier is required to supply to the purchaser under the contract.1.16 “Imported content” means that portion of the bidding price represented by thecost of components, parts or materials which have been or are still to be41

imported (whether by the supplier or his subcontractors) and which costs areinclusive of the costs abroad, plus freight and other direct importation costssuch as landing costs, dock dues, import duty, sales duty or other similar taxor duty at the South African place of entry as well as transportation andhandling charges to the factory in the Republic where the goods covered bythe bid will be manufactured.1.17 “Local content” means that portion of the bidding price which is not included inthe imported content provided that local manufacture does take place.1.18 “Manufacture” means the production of products in a factory using labour,materials, components and machinery and includes other related valueaddingactivities.1.19 “Order” means an official written order issued for the supply of goods or worksor the rendering of a service.1.20 “Project site,” where applicable, means the place indicated in biddingdocuments.1.21 “Purchaser” means the organization purchasing the goods.1.22 “Republic” means the Republic of South Africa.1.23 “SCC” means the Special Conditions of Contract.1.24 “Services” means those functional services ancillary to the supply of thegoods, such as transportation and any other incidental services, such asinstallation, commissioning, provision of technical assistance, training,catering, gardening, security, maintenance and other such obligations of thesupplier covered under the contract.1.25 “Supplier” means the successful bidder who is awarded the contract tomaintain and administer the required and specified service(s) to the State.1.26 “Tort” means in breach of contract.1.27 “Turnkey” means a procurement process where one service providerassumes total responsibility for all aspects of the project and delivers the fullend product / service required by the contract.1.28 “Written” or “in writing” means hand-written in ink or any form of electronic ormechanical writing.2. Application:2.1 These general conditions are applicable to all bids, contracts and ordersincluding bids for functional and professional services (excluding professionalservices related to the building and construction industry), sales, hiring, lettingand the granting or acquiring of rights, but excluding immovable property,unless otherwise indicated in the bidding documents.2.2 Where applicable, special conditions of contract are also laid down to coverspecific supplies, services or works.2.3 Where such special conditions of contract are in conflict with these generalconditions, the special conditions shall apply.3. General:3.1 Unless otherwise indicated in the bidding documents, the purchaser shall notbe liable for any expense incurred in the preparation and submission of a bid.Where applicable a non-refundable fee for documents may be charged.3.2 Invitations to bid are usually published in locally distributed news media andon the municipality/municipal entity website.4. Standards:42

4.1 The goods supplied shall conform to the standards mentioned in the biddingdocuments and specifications.5. Use of contract documents and information inspection:5.1 The supplier shall not, without the purchaser’s prior written consent, disclosethe contract, or any provision thereof, or any specification, plan, drawing,pattern, sample, or information furnished by or on behalf of the purchaser inconnection therewith, to any person other than a person employed by theprovider in the performance of the contract. Disclosure to any such employedperson shall be made in confidence and shall extend only so far as may benecessary for purposes of such performance.5.2 The supplier shall not, without the purchaser’s prior written consent, makeuse of any document or information mentioned in GCC clause 5.1 except forpurposes of performing the contract.5.3 Any document, other than the contract itself mentioned in GCC clause 5.1shall remain the property of the purchaser and shall be returned (all copies) tothe purchaser on completion of the provider’s performance under the contractif so required by the purchaser.5.4 The supplier shall permit the purchaser to inspect the supplier’s recordsrelating to the performance of the supplier and to have them audited byauditors appointed by the purchaser, if so required by the purchaser.6. Patent rights:6.1 The provider shall indemnify the purchaser against all third-party claims ofinfringement of patent, trademark, or industrial design rights arising from useof the goods or any part thereof by the purchaser.6.2 When a supplier developed documentation / projects for the municipality ormunicipal entity, the intellectual, copy and patent rights or ownership of suchdocuments or projects will vest in the municipality or municipal entity.7. Performance security:7.1 Within thirty (30) days of receipt of the notification of contract award, thesuccessful bidder shall furnish to the purchaser the performance security ofthe amount specified in SCC.7.2 The proceeds of the performance security shall be payable to the purchaseras compensation for any loss resulting from the supplier’s failure to completehis obligations under the contract.7.3 The performance security shall be denominated in the currency of thecontract, or in a freely convertible currency acceptable to the purchaser andshall be in one of the following forms:(a) a bank guarantee or an irrevocable letter of credit issued by a reputablebank located in the purchaser’s country or abroad, acceptable to thepurchaser, in the form provided in the bidding documents or anotherform acceptable to the purchaser; or(b) a cashier’s or certified cheque.7.4 The performance security will be discharged by the purchaser and returned tothe provider not later than thirty (30) days following the date of completion ofthe supplier’s performance obligations under the contract, including anywarranty obligations, unless otherwise specified.8. Inspections, tests and analyses:43

8.1 All pre-bidding testing will be for the account of the bidder.8.2 If it is a bid condition that goods to be produced or services to be renderedshould at any stage be subject to inspections, test and analyses, the bidder orcontractor’s premises shall be open, at all reasonable hours, for inspection bya representative of the purchaser or an organization acting on behalf of thepurchaser.8.3 If there are no inspection requirements indicated in the bidding documentsand no mention is made in the contract, but during the contract period it isdecided that inspections shall be carried out, the purchaser shall itself makethe necessary arrangements, including payment arrangements with thetesting authority concerned.8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 showthe goods to be in accordance with the contract requirements, the cost of theinspections, tests and analyses shall be defrayed by the purchaser.8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not complywith the contract requirements, irrespective of whether such goods orservices are accepted or not, the cost in connection with these inspections,tests or analyses shall be defrayed by the supplier.8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which donot comply with the contract requirements may be rejected.8.7 Any contract goods may on or after delivery be inspected, tested or analysedand may be rejected if found not to comply with the requirements of thecontract. Such rejected goods shall be held at the cost and risk of the supplierwho shall, when called upon, remove them immediately at his own cost andforthwith substitute them with goods which do comply with the requirementsof the contract. Failing such removal the rejected goods shall be returned atthe suppliers cost and risk. Should the supplier fail to provide the substitutegoods forthwith, the purchaser may, without giving the supplier furtheropportunity to substitute the rejected goods, purchase such goods as may benecessary at the expense of the supplier.8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of thepurchaser to cancel the contract on account of a breach of the conditionsthereof, or to act in terms of Clause 23 of GCC.9. Packing:9.1 The supplier shall provide such packing of the goods as is required to preventtheir damage or deterioration during transit to their final destination, asindicated in the contract. The packing shall be sufficient to withstand, withoutlimitation, rough handling during transit and exposure to extremetemperatures, salt and precipitation during transit, and open storage.Packing, case size and weights shall take into consideration, whereappropriate, the remoteness of the goods’ final destination and the absenceof heavy handling facilities at all points in transit.9.2 The packing, marking, and documentation within and outside the packagesshall comply strictly with such special requirements as shall be expresslyprovided for in the contract, including additional requirements, if any, and inany subsequent instructions ordered by the purchaser.10. Delivery and documents:10.1 Delivery of the goods and arrangements for shipping and clearanceobligations shall be made by the supplier in accordance with the termsspecified in the contract.44

11. Insurance:11.1 The goods supplied under the contract shall be fully insured in a freelyconvertible currency against loss or damage incidental to manufacture oracquisition, transportation, storage and delivery in the manner specified.12. Transportation:12.1 Should a price other than an all-inclusive delivered price be required, thisshall be specified.13. Incidental services:13.1 The supplier may be required to provide any or all of the following services,including additional services, if any:(a) performance or supervision of on-site assembly and/orcommissioning of the supplied goods;(b) furnishing of tools required for assembly and/or maintenance of thesupplied goods;(c) furnishing of a detailed operations and maintenance manual for eachappropriate unit of the supplied goods;(d) performance or supervision or maintenance and/or repair of thesupplied goods, for a period of time agreed by the parties, providedthat this service shall not relieve the supplier of any warrantyobligations under this contract; and(e)training of the purchaser’s personnel, at the supplier’s plant and/oron-site, in assembly, start-up, operation, maintenance, and/orrepair of the supplied goods.13.2 Prices charged by the supplier for incidental services, if not included in thecontract price for the goods, shall be agreed upon in advance by the partiesand shall not exceed the prevailing rates charged to other parties by theprovider for similar services.14. Spare parts:14.1 As specified, the supplier may be required to provide any or all of thefollowing materials, notifications, and information pertaining to spare partsmanufactured or distributed by the supplier:(a) such spare parts as the purchaser may elect to purchase from thesupplier, provided that this election shall not relieve the supplier of anywarranty 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 neededrequirements; and(ii) following such termination, furnishing at no cost to thepurchaser, the blueprints, drawings, and specifications of thespare parts, if requested.15. Warranty:15.1 The supplier warrants that the goods supplied under the contract are new,unused, of the most recent or current models, and that they incorporate allrecent improvements in design and materials unless provided otherwise in thecontract. The supplier further warrants that all goods supplied under this45

contract shall have no defect, arising from design, materials, or workmanship(except when the design and/or material is required by the purchaser’sspecifications) or from any act or omission of the supplier, that may developunder normal use of the supplied goods in the conditions prevailing in thecountry of final destination.15.2 This warranty shall remain valid for twelve (12) months after the goods, or anyportion thereof as the case may be, have been delivered to and accepted atthe final destination indicated in the contract, or for eighteen (18) months afterthe date of shipment from the port or place of loading in the source country,whichever period concludes earlier, unless specified otherwise.15.3 The purchaser shall promptly notify the supplier in writing of any claimsarising under this warranty.15.4 Upon receipt of such notice, the supplier shall, within the period specified andwith all reasonable speed, repair or replace the defective goods or partsthereof, without costs to the purchaser.15.5 If the supplier, having been notified, fails to remedy the defect(s) within theperiod specified, the purchaser may proceed to take such remedial action asmay be necessary, at the supplier’s risk and expense and without prejudice toany other rights which the purchaser may have against the supplier under thecontract.16. Payment:16.1 The method and conditions of payment to be made to the supplier under thiscontract shall be specified.16.2 The supplier shall furnish the purchaser with an invoice accompanied by acopy of the delivery note and upon fulfillment of other obligations stipulated inthe contract.16.3 Payments shall be made promptly by the purchaser, but in no case later thanthirty (30) days after submission of an invoice or claim by the supplier.16.4 Payment will be made in Rand unless otherwise stipulated.17. Prices:17.1 Prices charged by the supplier for goods delivered and services performedunder the contract shall not vary from the prices quoted by the provider in hisbid, with the exception of any price adjustments authorized or in thepurchaser’s request for bid validity extension, as the case may be.18. Variation orders:18.1 In cases where the estimated value of the envisaged changes in purchasedoes not exceed 15% of the total value of the original contract, the contractormay be instructed to deliver the goods or render the services as such. Incases of measurable quantities, the contractor may be approached to reducethe unit price, and such offers may be accepted provided that there is noescalation in price.19. Assignment:19.1 The supplier shall not assign, in whole or in part, its obligations to performunder the contract, except with the purchaser’s prior written consent.20. Subcontracts:46

20.1 The supplier shall notify the purchaser in writing of all subcontracts awardedunder these contracts if not already specified in the bid. Such notification, inthe original bid or later, shall not relieve the supplier from any liability orobligation under the contract.21. Delays in the Supplier’s Performance:21.1 Delivery of the goods and performance of services shall be made by thesupplier in accordance with the time schedule prescribed by the purchaser inthe contract.21.2 If at any time during performance of the contract, the supplier or itssubcontractor(s) should encounter conditions impeding timely delivery of thegoods and performance of services, the supplier shall promptly notify thepurchaser 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 purchasershall evaluate the situation and may at his discretion extend the supplier’stime for performance, with or without the imposition of penalties, in whichcase the extension shall be ratified by the parties by amendment of contract.21.3 The right is reserved to procure outside of the contract small quantities or tohave minor essential services executed if an emergency arises, the supplier’spoint of supply is not situated at or near the place where the goods arerequired, or the supplier’s services are not readily available.21.4 Except as provided under GCC Clause 25, a delay by the supplier in theperformance of its delivery obligations shall render the supplier liable to theimposition of penalties, pursuant to GCC Clause 22, unless an extension oftime is agreed upon pursuant to GCC Clause 22.2 without the application ofpenalties.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 purchasesupplies of a similar quality and up to the same quantity in substitution of thegoods not supplied in conformity with the contract and to return any goodsdelivered later at the supplier’s expense and risk, or to cancel the contractand buy such goods as may be required to complete the contract and withoutprejudice to his other rights, be entitled to claim damages from the supplier.22. Penalties:22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of thegoods 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 thedelivered price of the delayed goods or unperformed services using thecurrent prime interest rate calculated for each day of the delay until actualdelivery or performance. The purchaser may also consider termination of thecontract pursuant to GCC Clause 23.23. Termination for default:23.1 The purchaser, without prejudice to any other remedy for breach of contract,by written notice of default sent to the supplier, may terminate this contract inwhole 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 bythe purchaser pursuant to GCC Clause 21.2;47

(b) if the supplier fails to perform any other obligation(s) under thecontract; or(c) if the supplier, in the judgement of the purchaser, has engaged incorrupt or fraudulent practices in competing for or in executing thecontract.23.2 In the event the purchaser terminates the contract in whole or in part, thepurchaser may procure, upon such terms and in such manner as it deemsappropriate, goods, works or services similar to those undelivered, and thesupplier shall be liable to the purchaser for any excess costs for such similargoods, works or services. However, the supplier shall continue performanceof the contract to the extent not terminated.23.3 Where the purchaser terminates the contract in whole or in part, thepurchaser may decide to impose a restriction penalty on the supplier byprohibiting such supplier from doing business with the public sector for aperiod not exceeding 10 years.23.4 If a purchaser intends imposing a restriction on a supplier or any personassociated with the supplier, the supplier will be allowed a time period of notmore than fourteen (14) days to provide reasons why the envisagedrestriction should not be imposed. Should the supplier fail to respond withinthe stipulated fourteen (14) days the purchaser may regard the supplier ashaving no objection and proceed with the restriction.23.5 Any restriction imposed on any person by the purchaser will, at the discretionof the purchaser, also be applicable to any other enterprise or any partner,manager, director or other person who wholly or partly exercises or exercisedor may exercise control over the enterprise of the first-mentioned person, andwith which enterprise or person the first-mentioned person, is or was in theopinion of the purchaser actively associated.23.6 If a restriction is imposed, the purchaser must, within five (5) working days ofsuch imposition, furnish the National Treasury, with the following information:(i) the name and address of the supplier and / or person restricted by thepurchaser;(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 ofsuppliers or persons prohibited from doing business with the public sector.23.7 If a court of law convicts a person of an offence as contemplated in sections12 or 13 of the Prevention and Combating of Corrupt Activities Act, No 12 of2004, the court may also rule that such person’s name be endorsed on theRegister for Tender Defaulters. When a person’s name has been endorsedon the Register, the person will be prohibited from doing business with thepublic 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 restrictionand each case will be dealt with on its own merits. According to section 32 ofthe Act the Register must be open to the public. The Register can beperused on the National Treasury website.24. Anti-Dumping and Counter-Vailing duties and rights:24.1 When, after the date of bid, provisional payments are required, or antidumpingor countervailing duties are imposed, or the amount of a provisionalpayment or anti-dumping or countervailing right is increased in respect of anydumped or subsidized import, the State is not liable for any amount sorequired or imposed, or for the amount of any such increase. When, after thesaid date, such a provisional payment is no longer required or any such anti-48

dumping or countervailing right is abolished, or where the amount of suchprovisional payment or any such right is reduced, any such favourabledifference shall on demand be paid forthwith by the supplier to the purchaseror the purchaser may deduct such amounts from moneys (if any) which mayotherwise be due to the supplier in regard to supplies or services which hedelivered or rendered, or is to deliver or render in terms of the contract or anyother contract or any other amount which may be due to him.25. Force Majeure:25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shallnot be liable for forfeiture of its performance security, damages, or terminationfor default if and to the extent that his delay in performance or other failure toperform his obligations under the contract is the result of an event of forcemajeure.25.2 If a force majeure situation arises, the supplier shall promptly notify thepurchaser in writing of such condition and the cause thereof. Unlessotherwise directed by the purchaser in writing, the supplier shall continue toperform its obligations under the contract as far as is reasonably practical,and shall seek all reasonable alternative means for performance notprevented by the force majeure event.26. Termination for insolvency:26.1 The purchaser may at any time terminate the contract by giving written noticeto the supplier if the supplier becomes bankrupt or otherwise insolvent. In thisevent, termination will be without compensation to the supplier, provided thatsuch termination will not prejudice or affect any right of action or remedywhich has accrued or will accrue thereafter to the purchaser.27. Settlement of disputes:27.1 If any dispute or difference of any kind whatsoever arises between thepurchaser and the supplier in connection with or arising out of the contract,the parties shall make every effort to resolve amicably such dispute ordifference by mutual consultation.27.2 If, after thirty (30) days, the parties have failed to resolve their dispute ordifference by such mutual consultation, then either the purchaser or thesupplier may give notice to the other party of his intention to commence withmediation. No mediation in respect of this matter may be commenced unlesssuch notice is given to the other party.27.3 Should it not be possible to settle a dispute by means of mediation, it may besettled in a South African court of law.27.4 Notwithstanding any reference to mediation and/or court proceedings herein,(a) the parties shall continue to perform their respective obligations under thecontract unless they otherwise agree; and(b) the purchaser shall pay the supplier any monies due to the supplier forgoods delivered and / or services rendered according to the prescripts ofthe contract.28. Limitation of liability:28.1 Except in cases of criminal negligence or willful misconduct, and in the caseof infringement pursuant to Clause 6;49

(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 ofuse, loss of production, or loss of profits or interest costs, provided thatthis exclusion shall not apply to any obligation of the supplier to paypenalties and/or damages to the purchaser; and(b) the aggregate liability of the supplier to the purchaser, whether under thecontract, in tort or otherwise, shall not exceed the total contract price,provided that this limitation shall not apply to the cost of repairing orreplacing defective equipment.29. Governing language:29.1 The contract shall be written in English. All correspondence and otherdocuments pertaining to the contract that is exchanged by the parties shallalso be written in English.30. Applicable law:30.1 The contract shall be interpreted in accordance with South African laws,unless otherwise specified.31. Notices:31.1 Every written acceptance of a bid shall be posted to the supplier concernedby registered or certified mail and any other notice to him shall be posted byordinary mail to the address furnished in his bid or to the address notified laterby him in writing and such posting shall be deemed to be proper service ofsuch notice.31.2 The time mentioned in the contract documents for performing any act aftersuch aforesaid notice has been given, shall be reckoned from the date ofposting of such notice.32. Taxes and duties:32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties,license fees, and other such levies imposed outside the purchaser’s country.32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees,etc., incurred until delivery of the contracted goods to the purchaser.32.3 No contract shall be concluded with any bidder whose tax matters are not inorder. Prior to the award of a bid SARS must have certified that the taxmatters of the preferred bidder are in order.32.4 No contract shall be concluded with any bidder whose municipal rates andtaxes and municipal services charges are in arrears.33. Transfer of contracts:33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract orpart thereof without the written permission of the purchaser.34. Amendment of contracts:34.1 No agreement to amend or vary a contract or order or the conditions,stipulations or provisions thereof shall be valid and of any force unless suchagreement to amend or vary is entered into in writing and signed by the50

contracting parties. Any waiver of the requirement that the agreement toamend or vary shall be in writing, shall also be in writing.35. Prohibition of restrictive practices:35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, asamended, an agreement between, or concerted practice by, firms, or adecision by an association of firms, is prohibited if it is between parties in ahorizontal relationship and if a bidder(s) is / are or a contractor(s) was / wereinvolved in collusive bidding.35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidenceobtained by the purchaser has / have engaged in the restrictive practicereferred to above, the purchaser may refer the matter to the CompetitionCommission for investigation and possible imposition of administrativepenalties are contemplated in section 59 of the Competition Act No 89 of1998.35.3 If a bidder(s) or contractor(s) has / have been found guilty by the CompetitionCommission of the restrictive practice referred to above, the purchaser may,in addition and without prejudice to any other remedy provided for, invalidatethe bid(s) for such item(s) offered, and / or terminate the contract in whole orpart, and / or restrict the bidder(s) or contractor(s) from conducting businesswith the public sector for a period not exceeding ten (10) years and / or claimdamages from the bidder(s) or contractor(s) concerned.51

CERTIFICATE FOR MUNICIPAL SERVICESInformation required in terms of the George Municipality’s Supply Chain ManagementPolicy, Clause 28 (i) (c) (ii).Quotation Number: MM 009/2013Name of the Tenderer: _____________________________________________FURTHER DETAILS OF THE BIDDER/S: Proprietor / Director(s) / Partners, etc:Physical Business address of the BidderMunicipal Account Number(s)If there is not enough space for all the names, please attach the additional details tothe Quotation document.Name of Director /Member / PartnerIdentity NumberPhysical residentialaddress of Director /Member / PartnerMunicipal Accountnumber(s)I, _____________________________________________________, theundersigned,(full name in block letters)certify that the information furnished on this declaration form is correct andthat I/we have no undisputed commitments for municipal services towards amunicipality or other service provider in respect of which payment if overduefor more than 30 days.___________________________________SignatureTHUS DONE AND SIGNED for and on behalf of the Bidder / Contractorat ________________________ on the ______ day of ___________________ 2013Please note:Even if the requested information if not applicable to the Bidder, the table above should beendorsed NOT APPLICABLE and THIS DECLARATION MUST STILL BE SIGNED.52