TENDER

YOU ARE HEREBY INVITED TO BID FOR THE FOLLOWING TENDER AS ADVERTISED
BID NUMBER: RFT53/06/2023/2024 CLOSING DATE: 24 JULY 2024 CLOSING TIME: 10H00

DESCRIPTION APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR THE SUPPLY
AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT FOR A
PERIOD OF THREE (3) YEARS.
SUPPLIER INFORMATION
NAME OF BIDDER

CSD UNIQUE NUMBER MAAA

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

E-MAIL ADDRESS
TENDER NO: RFT53/06/2023/2024

TENDER DESCRIPTION: APPOINTMENT OF A PANEL OF FIVE (5) SERVICE

PROVIDERS FOR THE SUPPLY AND DELIVERY OF ELECTRICAL AND
WATER TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE (3) YEARS.

CLOSING DATE: 24 JULY 2024 TIME: 10:00

NAME OF TENDERER

TOTAL AMOUNT (MBD 3.1)

CENTRAL SUPPLIER DATABASE NUMBER

TAX COMPLIANCE PIN

CONTACT PERSON

TELEPHONE NUMBER

SITE MEETING DATE N/A TIME N/A COMPULSORY N/A

SITE MEETING
N/A
ADDRESS

Obtainable on the Municipal

TENDER Website: PREFERENCE
www.madibeng.gov.za at no
80/20
DOCUMENT FEE POINT SYSTEM
cost and on E-Tender Portal

BID BOX SITUATED Madibeng Local Municipality, Ground floor, 53 Van Velden Street,
AT Brits, 0250.

OPERATING The bid box is open during office hours, Monday to Friday from 8h00 to
HOURS 16h00.
OFFER TO BE
90 DAYS FROM THE CLOSING DATE OF TENDER.
VALID FOR
OFFER TO BE 90 DAYS FROM THE
CLOSING DATE OF TENDER.
LOCAL CONTENT YES
VALID FOR
 TENDER ENQUIRIES

ENQUIRIES REGARDING
TECHNICAL ENQUIRIES
BID PROCEDURES
BUDGET AND TREASURY OFFICE: SUPPLY BUDGET AND TREASURY OFFICE:
CHAIN MANAGEMENT UNIT SUPPLY CHAIN MANAGEMENT UNIT
NAME: MS. B SIDELL NAMEMR. PAUL BALOYI
MANAGER: SUPPLY CHAIN MANAGENT LOGISTIC PRACTITIONER
012 318
TEL. NUMBER TEL. NUMBER 012 381 9340
9189/9454/9125
TENDER ISSUED BY
NAME: THABO NYATLO DIVISION: SUPPLY CHAIN
[email protected] MANAGEMENT UNITS
POSITION: SCM PRACTITIONER TEL. NUMBER 012 318 9189/9454/9125
MADIBENG LOCAL MUNICIPALITY P.O. 106 BRITS 0250
PLEASE NOTE:
1. Prospective suppliers must be registered on CSD prior to submitting bids (open bids)
2. Only tender documents that are deposited in Madibeng tender box will be
considered.
3. This bid is subject to the Preferential Procurement Policy Framework Act and the
Preferential Procurement Regulations, 2017,the General Conditions of contract (GCC)
and, if applicable, any other special conditions of contract.
4. Mailed, telegraphic, telex, or faxed tenders will not be accepted.
5. No late bids after closing date and time will be accepted.
6. Bids not clearly marked, signed and unamend will not be accepted as required by the
document.
7. Bids may only be submitted on the original bid documentation provided by the municipality
or downloads from the e-tender portal.
8. No awards will be made to a person:
i. Who is in the service of the state,
ii. If that person is not a natural person , of which any director, manager, principal
shareholder or stakeholder is a person in the service of the state
iii. Who is an advisor or consultant contracted with the municipality or municipal entity
 BIDDER’S TENDER DOCUMENTATION DECLARATION
These schedules do not need to be completed completed by Service Provider
(the bidders must complete this table in ful (YES/NO/N/A) )
Bidder's
Question Requirement
Response
1 Have you initialed all the pages of the tender document? YES
2 Have you completed and signed the returnable schedules?
2.1  Schedule 1 : Resolution of board of directors YES
2.2  Schedule 2 : Resolution to enter into consortia or JV’s YES
2.4  Schedule 4 : Schedule of proposed sub-contractors YES
2.5  Schedule 5 : Record of addenda to tender documents YES
2.6  Schedule 6 : Clarification meeting attendance certificate YES
2.7  Schedule 7 : Compulsory enterprise questionnaire YES
2.8  Schedule 8 : Clearance certificate for water and lights YES
2.9  Schedule 9 : Registration on Central Supplier Database YES
3 Have you completed / signed and submitted all relevant information
as requested by the evaluation schedules? (as and when YES
required)
4 Have you completed and signed the MBD 4 form - Declaration of
YES
Interest?
5 Have you completed the questionnaire (MBD 5) regarding the
declaration for procurement above R10-million and submitted your
YES
company’s latest three years audited financial statements (as and
when required)?
6 Have you take note of the contents of par 5 of MBD 6.1 to
substantiate your B-BBEE rating claims. Have you submitted an
YES
original, valid or certified copy of your company's B-BBEE
certificate to qualify for preference points?
7 Have you completed and signed the following form:
MBD 7.1 Form - Contract form for purchase of goods / works?
YES
MBD 7.2 Form - Contract Form for rendering of services?
(as and when required)
8 Have you completed and signed the MBD 8 – Declaration of
bidder’s past Supply Chain Management Practices and MBD 9 – YES
Certificate of Independent Bid Determination?
10 Do you understand the Special Conditions of Contract /
YES
Specifications / Terms of Reference and/or Scope of Works?
11 Have you completed the Form of Offer (C1.1) in WORDS as well
YES
as in FIGURES?
12 Have you completed and signed Part 2 of C1.2 (Contract Data)? YES
13 Have you completed the MBD 3.3 form and carried over your
YES
tendered price (VAT inclusive) to Form of Offer (C1.1)?
14 Have you completed and sign the following form:
MBD 6.2: Declaration certificate for local production and content for YES
designated sectors and required Annexures
15 Have you submitted the compulsory documents YES *

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 BIDDER’S TENDER DOCUMENTATION DECLARATION CERTIFICATION

I, the undersigned certify that the information furnished on this declaration form is correct,
completed and submitted.

NAME OF REPRESENTATIVE

POSITION / DESIGNATION

SIGNATURE

DATE

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
T1.1 TENDER NOTICE & INVITATION
MBD1

PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF MUNICIPALITY/ MUNICIPAL ENTITY)
BID NUMBER: RFT53/06/2023/2024 CLOSING DATE: 24 JULY 2024 CLOSING TIME: 10:00
APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR THE SUPPLY AND DELIVERY OF ELECTRICAL AND
DESCRIPTION WATER TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE (3) YEARS
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX
SITUATED AT (STREET ADDRESS)

Madibeng Local Municipality, Ground floor, Foyer

53 Van Velden Street

Brits

0250
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
TAX COMPLIANCE STATUS TCS PIN: OR CSD No:
B-BBEE STATUS LEVEL VERIFICATION B-BBEE STATUS
Yes Yes
CERTIFICATE LEVEL SWORN
[TICK APPLICABLE BOX] AFFIDAVIT
No No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED
IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

ARE YOU A FOREIGN

ARE YOU THE ACCREDITED BASED SUPPLIER Yes No
REPRESENTATIVE IN SOUTH AFRICA Yes No FOR THE GOODS
FOR THE GOODS /SERVICES /WORKS /SERVICES /WORKS [IF YES, ANSWER PART
OFFERED? [IF YES ENCLOSE PROOF] OFFERED? B:3 ]

TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE R

SIGNATURE OF BIDDER ……………………………… DATE

CAPACITY UNDER WHICH THIS BID IS

SIGNED
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
DEPARTMENT Finance – SCM CONTACT PERSON PAUL BALOYI
CONTACT PERSON MS B MOGALE TELEPHONE NUMBER 012 318 9640
TELEPHONE NUMBER 012 318 9624/9228/9125 FACSIMILE NUMBER N/A
FACSIMILE NUMBER 012 318 9349 E-MAIL ADDRESS [email protected]
E-MAIL ADDRESS [email protected]

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED
FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR ONLINE
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL
PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER
SPECIAL CONDITIONS OF CONTRACT.

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO
ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER
TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE
WWW.SARS.GOV.ZA.
2.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.
2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A
SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD
NUMBER MUST BE PROVIDED.
3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO
3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE
STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.

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

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

DATE: …………………………………………...

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 MADIBENG LOCAL MUNICIPALITY

TENDER NO.: RFT53/06/2023/2024

CLOSING DATE: 24 JULY 2024 AT 10H00

TENDER DESCRIPTION: APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR

THE SUPPLY AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT
FOR A PERIOD OF THREE (3) YEARS
In terms of Section 110 of the Municipal Finance Management Act, 2003 (No. 56 of 2003), tenders are hereby
invited for APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR THE SUPPLY AND DELIVERY OF ELECTRICAL AND
WATER TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE (3) YEARS

Tender documents will be available as from 14 JUNE 2024 on E-Tender Portal and on the Municipal Website:
www.madibeng.gov.za at no cost.

The closing time for receipt of tenders is 10hrs on 24 July 2024.Telegraphic, telephonic, telex, facsimile, e-
mail, unmarked and late tenders will under no circumstances be considered and accepted. The tender box
will be emptied just after closing time on the closing date. Hereafter all bids will be public.
Any technical enquiries relating to the tender document may be directed to the responsible department as
stated on the tender advert.
Fully completed tender documents, clearly marked “Tender No :RFT53/06/2023/204 APPOINTMENT OF A PANEL OF
FIVE (5) SERVICE PROVIDERS FOR THE SUPPLY AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT FOR A
PERIOD OF THREE (3) YEARS “NAME of TENDERER” must be placed in a sealed envelope and placed in the
tender box on the Ground floor, Madibeng Municipality, Foyer, 53 Van Velden Street, Brits, by no later
than 10h00 on 24 July 2024. The envelope must be endorsed with number, title and closing date as indicated
above.
The municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or to reject any
tender or to accept a part of it. The municipality does not bind itself to accepting the lowest tender or award
a contract to the bidder scoring the highest number of points.
NB: : Only locally produced or manufactured goods, meeting the stipulated minimum threshold for local
production and content, will be considered in line with Regulation 8(2) of the Municipal Supply Chain
Management Regulations and National Treasury Circular 69.”
The exchange rate to be used for the calculation of local production and content must be the exchange
rate published by the South-African Reserve Bank (SARB) at ….:00 on the date of advertisementof the
bid; and
Only the South-African Bureau of Standards (SABS) approved technical specification number SATS
12863:2011 must be used to calculate local content.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 EVALUATION OF THE BID

EVALUATION PROCESS AND CRETERIA

THE BID WILL BE EVALUATED USING TWO PHASE EVALUATION PROCESS AS FOLLOW:

A. Phase 1: Administrative Compliance (document completion and attachment of mandatory

documents)
B. Phase 2: Price and specific goals. (PPPFA )

NB. Bidders who fail to comply with the requirements of Stage 1 will not proceed to the next stage of
evaluation

SUBMISSION OF REQUIRED DOCUMENTATION

SERVICE PROVIDERS ARE REQUESTED TO SUBMIT THE FOLLOWING DOCUMENTATON

[INCLUDING PARTNERS IN A JOINT VENTURE]:

Section 45(1)(d) of Municipal Supply Chain Regulations requires that the municipality must reject
a bidder whose municipal rates and taxes are in arrears for more than three months.

The purpose of this schedule is to obtain proof that municipal services, rates and taxes of the
service provider and the director(s) are not in arrears for more than three months, with the
relevant municipality / landlord in the municipal area where the service provider and the
director(s) conduct his / her business.

The following administrative compliance has been identified for this bid and any non-
compliance thereto will lead to the bid being regarded as non-responsive and therefore will be
disqualified from further evaluation:

1. Tax Compliance Letter with A Unique Pin in Terms of the Electronic Tax Compliance Status
(TCS) System from SARS Has Been Submitted.
2. Company Registration Documents, Showing Equity Ownership. [E.G., Form Cm 29, Ck1
Etc.]
3. Copies of Identification Documents [Of All Shareholders];
4. Current month Full Detailed CSD (Central Supplier Database) Report Must Be Attached
5. The considered company’s location will be the one on the Central Supplier Database
(Preferred Address)

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
6. Lease agreement must be accompanied by the lessors (company/director/s) tax invoice/
statement of account/ municipal statement.
7. Lease agreements that are not from estate agent bodies must be commissioned by oath to
prove the validity of the contract
8. All proof of residents’ forms and letter of traditional authority forms must be stamped by
the municipal revenue division confirming and stating that the address does not receive
any services from the municipality.
9. All municipal account statements must be no later than three months
10. Rates and taxes that are in arrears will invalidate the bid.

The Following Will Also Invalidate Your Bid:

11. Scratching out without initializing next to the amendment made.
12. The bidder has not written over / painting out rates / the use of Tippex or any erasable ink,
e.g. pencil.
13. The bid has not been properly signed by a party having the authority to do so, according to
the Form D – “Authority for Signatory”
14. A resolution by a board of directors of the company authorizing the tenderer to sign the tender
document on behalf of the company. No authority for signatory submitted.
15. Particulars required in respect of the bid have not been provided – non-compliance of Bid
requirements and/or specifications.
16. The bidder attempts to influence or has in fact influenced the evaluation and/or awarding of
the contract.
17. The service provider has not completed Form (MBD4) – “Declaration of Interest”

18. The bidder has not completed Form (MBD6.1) – “Preference points claim form”
# A COPY OF THE BIDDER’S AND THE DIRECTOR/S MUNICIPAL ACCOUNT (FROM THE MUNICIPALITY WHERE THE BIDDER PAYS HIS ACCOUNT) FOR THE MONTH PRECEDING THE TENDER CLOSURE DATE
MUST ACCOMPANY THE TENDER DOCUMENT. IF SUCH A COPY DOES NOT ACCOMPANY THE BID DOCUMENT OF THE SUCCESSFUL BIDDER, THE BID WILL BE UNSUCCESSFUL. # FAILURE TO COMPLY
WITH THE ABOVE WILL REGARD YOUR BID NON-RESPONSIVE # WHERE THE COMPANY OPERATES AND WHERE THE DIRECTOR/S RESIDES, THE RATES AND TAXES OF THAT ADDRESS MUST BE IN
ORDER OR UP TO DATE. # RATES AND TAXES THAT ARE IN ARREARS WILL INVALIDATE YOUR BID. # PLEASE COMPLETE ALL BLANK SPACES ON THE FORMS WHERE NOT APPLICABLE INDICATE AS
SUCH (N/A) # IN CASES OF A JOINT VENTURE OR A CONSORTIUM: ALL THE COMPANIES MUST ATTACHÉ ALL THE REQUIRED DOCUMENTS INDICATED ABOVE

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
T1.1 TENDER DATA

CLAUSE NO.

The Standard Conditions of Tender for procurement makes several references to the
tender data for details that apply specifically to this tender. The tender data shall have
precedence in the interpretation of any ambiguity or inconsistency between it and the
standard conditions of tender for procurement other than disposals.

Each item of data given below is cross-referenced to the relevant clause in the above
mentioned Standard Conditions of Tender.

1.1 The employer is the Madibeng Local Municipality

The single volume approach is adopted for this contract.

The list of returnable documents identifies which of the documents a tenderer must
complete when submitting a tender offer. The tenderer must submit his tender offer
by completing the returnable documents including the fully priced Pricing Schedule,
signing the “Offer” section in the “Form of Offer and Acceptance” and delivering the
single volume procurement document back to the Madibeng Municipality bound up as
it was when it was received.

The tender documents issued by the employer comprise of the following:

TENDER

Part T1: Tendering procedures

T1.1 - Tender data
T1.2 – Standard Conditions of Tender
1.2
Part T2: Returnable documents
T2.1 List of returnable documents
T2.2 Returnable schedules

CONTRACT

Part C1: Agreements and contract data

C1.1 Form of offer and acceptance
C1.2 Contract data

Part C2: Pricing Schedule

C2.1 Pricing Instructions and Schedule
C2.2 Priced fees and disbursements

Part C3: Terms of reference

C3 Terms of reference

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 The employer’s agent is:

Name : Paul Baloyi

Capacity : Logistic Practitioner
1.3 Address : Madibeng Local Municipality
P.O. Box 106, Brits, 0250
Tel:
Fax:
E-mail:
Only those tenderers who satisfy the following eligibility criteria are eligible to submit
tenders:

1. Tenderer is registered on the Central Supplier Database

1.4
2. Tenderer is qualified and professionally registered for the service to be
provided
3. Tenderer has the managerial capacity, reliability and experience regarding
the nature of the project.

1.5 Alternative offers will not be considered

1.6 Additional copies of the tender offer, document will not be required

The employer’s address for delivery of tender offers and identification details to be
shown on such tender offer package are:
Location of tender box : Madibeng Local Municipality
Physical address : Ground floor, Foyer, 53 Van Velden Street
1.7 Brits,0250
Identification details:
As indicated in the tender notice
Tender No: RFT53/06/2023/2024- APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS
FOR THE SUPPLY AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT
FOR A PERIOD OF THREE (3) YEARS

1.8 The site of works is located at Madibeng Local Municipality

The procedure for the evaluation of responsive tenders is Method 1.

1.9 The total number of tender evaluation points for preferences to may be claimed is
indicated in MBD 6.1
Tender offers will only be accepted if:

a) the tenderer is registered on the Central Supplier Database;

b) the tenderer has provided a copy/ printed Tax compliance status reference Pin to
enable the municipality to verify the bidder’s tax compliance status
c) The tenderer is not in arrears for more than 3 months with municipal rates and
taxes and municipal service charges;
d) the tenderer or any of its directors is not listed on the Register of Tender
1.10
Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of
2004 as a person prohibited from doing business with the public sector; and
e) the tenderer has not:
i) abused the employer’s Supply Chain Management System; or
ii) failed to perform on any previous contract in Madibeng local municipality or
any other Municipality and has been given written notice to this effect;
f) it is considered that the performance of the services will not be compromised
through any conflict of interest.

1.11 The number of paper copies of the signed Contract to be provided by the employer

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 is one

T1.2 STANDARD CONDITIONS OF TENDER

1 GENERAL

1.1 Actions

1.1.1 The employer and each tenderer submitting a tender offer shall comply with these
conditions of tender. In their dealings with each other, they shall discharge their duties and
obligations as set out in clause 2 and clause 3, timeously and with integrity, and behave
equitably, honestly and transparently, comply with all legal obligations and not engage in
anticompetitive practices

1.1.2 The employer and the tenderer and all their agents and employees involved in the tender
process shall avoid conflicts of interest and where a conflict of interest is perceived or
known, declare any such conflict of interest, indicating the nature of such conflict.
Tenderers shall declare any potential conflict of interest in their tender submissions.
Employees, agents and advisors of the employer shall declare any conflict of interest to
whoever is responsible for overseeing the procurement process at the start of any
deliberations relating to the procurement process or as soon as they become aware of such
conflict, and abstain from any decisions where such conflict exists or recuse themselves
from the procurement process, as appropriate.

Note:

a) A conflict of interest may arise due to a conflict of roles which might provide an
incentive for improper acts in some circumstances. A conflict of interest can
create an appearance of impropriety that can undermine confidence in the ability
of that person to act properly in his or her position even if no improper acts result.

b) Conflicts of interest in respect of those engaged in the procurement process

include direct, indirect or family interests in the tender or outcome of the
procurement process and any personal bias, inclination, obligation, allegiance or
loyalty which would in any way affect any decisions taken.

1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm
intention and the capacity to proceed with the contract

1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the
tender data.

1.3 Interpretation

1.3.1 The tender data and additional requirements contained in the tender schedules that are
included in the returnable documents are deemed to be part of these conditions of tender.

1.3.2 These conditions of tender, the tender data and tender schedules which are only required
for tender evaluation purposes, shall not form part of any contract arising from the invitation
to tender.

1.3.3 For the purposes of these conditions of tender, the following definitions apply:

a) conflict of interest means any situation in which:

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 i) someone in a position of trust has competing professional or personal
interests which make it difficult to fulfill his or her duties impartially;
ii) an individual or organization is in a position to exploit a professional or official
capacity in some way for their personal or corporate benefit; or
iii) Incompatibility or contradictory interests exist between an employee and the
organization which employs that employee.

b) comparative offer means the tenderer's financial offer after all tendered parameters
that will affect the value of the financial offer have been taken into consideration in
order to enable comparisons to be made between offers on a comparative basis

c) corrupt practice means the offering, giving, receiving or soliciting of anything of

value to influence the action of the employer or his staff or agents in the tender
process; and

d) fraudulent practice means the misrepresentation of the facts in order to influence

the tender process or the award of a contract arising from a tender offer to the
detriment of the employer, including collusive practices intended to establish prices
at artificial levels

e) organization means a company, firm, enterprise, association or other legal entity,

whether incorporated or not, or a public body

f) quality (functionality) means the totality of features and characteristics of a product

or service that bear on its ability to satisfy stated or implied needs

1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the
employer's agent only, and in a form that can be read, copied and recorded. Writing shall
be in the English language. The employer shall not take any responsibility for non-receipt
of communications from or by a tenderer. The name and contact details of the employer’s
agent are stated in the tender data.

1.5 The employer’s right to accept or reject any tender offer

1.5.1 The employer may accept or reject any variation, deviation, tender offer, or
alternative tender offer, and may cancel the tender process and reject all tender
offers at any time before the formation of a contract. The employer shall not
accept or incur any liability to a tenderer for such cancellation and rejection, but
will give written reasons for such action upon written request to do so.

1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender
process or the rejection of all responsive tender offers re-issue a tender covering
substantially the same scope of work within a period of six months unless only
one tender was received and such tender was returned unopened to the tenderer.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 1.6 Procurement procedures

1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to clause 3.13,
be concluded with the tenderer who in terms of clause 3.11 is the highest ranked
or the tenderer scoring the highest number of tender evaluation points, as relevant,
based on the tender submissions that are received at the closing time for tenders.

1.6.2 Competitive negotiation procedure

1.6.2.1 Where the tender data require that the competitive negotiation procedure
is to be followed, tenderers shall submit tender offers in response to the
proposed contract in the first round of submissions. Notwithstanding the
requirements of clause 3.4, the employer shall announce only the names
of the tenderers who make a submission. The requirements of clause 3.8
relating to the material deviations or qualifications which affect the
competitive position of tenderers shall not apply.

1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that
are highest ranked in terms of the evaluation method and evaluation
criteria stated in the tender data, shall be invited in each round to enter
into competitive negotiations, based on the principle of equal treatment
and keeping confidential the proposed solutions and associated
information. Notwithstanding the provisions of clause 2.17, the employer
may request that tenders be clarified, specified and fine-tuned in order to
improve a tenderer's competitive position provided that such clarification,
specification, fine-tuning or additional information does not alter any
fundamental aspects of the offers or impose substantial new requirements
which restrict or distort competition or have a discriminatory effect.

1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited

by the employer to make a fresh tender offer, based on the same
evaluation criteria, with or without adjusted weightings. Tenderers shall
be advised when they are to submit their best and final offer.

1.6.2.4 The contract shall be awarded in accordance with the provisions of clause
3.11 and clause 3.13 after tenderers have been requested to submit their
best and final offer.

2 TENDERER’S OBLIGATIONS

2.1 Eligibility

2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and
the tenderer, or any of his principals, is not under any restriction to do business with
employer.

2.1.2 Submit a tender offer only if the tenderer satisfies that the minimum score for functionality
criteria will be met.

2.1.3 Notify the employer of any proposed material change in the capabilities or formation of the
tendering entity (or both) or any other criteria which formed part of the qualifying
requirements used by the employer as the basis in a prior process to invite the tenderer to
submit a tender offer and obtain the employer's written approval to do so prior to the closing
time for tenders.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 2.2 Cost of tendering

Accept that, unless otherwise stated in the tender data, the employer will not compensate
the tenderer for any costs incurred in the preparation and submission of a tender offer,
including the costs of any testing necessary to demonstrate that aspects of the offer
complies with requirements.

2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any
discrepancy or omission.

2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the
documents issued by the employer only for the purpose of preparing and submitting a
tender offer in response to the invitation.

2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of
standards, specifications, conditions of contract and other publications, which are not
attached but which are incorporated into the tender documents by reference.

2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue,
and if necessary apply for an extension to the closing time stated in the tender data, in
order to take the addenda into account.

2.7 Clarification meeting

Attend, where required, a clarification meeting at which tenderers may familiarize

themselves with aspects of the proposed work, services or supply and raise questions.
Details of the meeting(s) are stated in the tender data.

2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at

least five working days before the closing time stated in the tender data.

2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) may not be
for the full cover required in terms of the conditions of contract identified in the contract
data. The tenderer is advised to seek qualified advice regarding insurance.

2.10 Pricing the tender offer

2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes
(except Value Added Tax (VAT)), and other levies payable by the successful tenderer, such
duties, taxes and levies being those applicable 14 days before the closing time stated in
the tender data.

2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the
prices.
2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to
adjustment except as provided for in the conditions of contract identified in the contract
data.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The
conditions of contract identified in the contract data may provide for part payment in other
currencies.

2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with
instructions issued by the employer, or necessary to correct errors made by the tenderer.
All signatories to the tender offer shall initial all such alterations.

2.12 Alternative tender offers

2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main
tender offer, strictly in accordance with all the requirements of the tender documents, is
also submitted as well as a schedule that compares the requirements of the tender
documents with the alternative requirements that are proposed.

2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender
data or criteria otherwise acceptable to the employer.

2.13 Submitting a tender offer

2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint
venture to provide the whole of the works, services or supply identified in the contract data
and described in the scope of works, unless stated otherwise in the tender data.

2.13.2 Return all returnable documents to the employer after completing them in their entirety,
either electronically (if they were issued in electronic format) or by writing legibly in non-
erasable ink.

2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number
of copies stated in the tender data, with an English translation of any documentation in a
language other than English, and the parts communicated electronically in the same format
as they were issued by the employer.

2.13.4 Sign the original and all copies of the tender offer where required In terms of the tender
data. The employer will hold all authorized signatories liable on behalf of the tenderer.
Signatories for tenderers proposing to contract as joint ventures shall state which of the
signatories is the lead partner whom the employer shall hold liable for the purpose of the
tender offer.

2.13.5 Seal the original and each copy of the tender offer as separate packages marking the
packages as "ORIGINAL" and "COPY". Each package shall state on the outside the
employer's address and identification details stated in the tender data, as well as the
tenderer's name and contact address.

2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the
returnable documents listed in the tender data in an envelope marked "financial proposal"
and place the remaining returnable documents in an envelope marked "technical proposal".
Each envelope shall state on the outside the employer's address and identification details
stated in the tender data, as well as the tenderer's name and contact address.

2.13.7 Seal the original tender offer and copy packages together in an outer package that states
on the outside only the employer's address and identification details as stated in the tender
data.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 2.13.8 Accept that the employer will not assume any responsibility for the misplacement or
premature opening of the tender offer if the outer package is not sealed and marked as
stated.

2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer,
unless stated otherwise in the tender data.

2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested
completely and in the form required, may be regarded by the employer as non-responsive.
2.15 Closing time
2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender
data not later than the closing time stated in the tender data. Accept that proof of posting
shall not be accepted as proof of delivery

2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any
reason, the requirements of these conditions of tender apply equally to the extended
deadline.

2.16 Tender offer validity

2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity
period (not less than 90 days) stated in the tender data after the closing time stated in the
tender data.

2.16.2 If requested by the employer, consider extending the validity period stated in the tender
data for an agreed additional period with or without any conditions attached to such
extension.

2.16.3 Accept that a tender submission that has been submitted to the employer may only be
withdrawn or substituted by giving the employer's agent written notice before the closing
time for tenders that a tender is to be withdrawn or substituted.

2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance

with the requirements of clause 2.13 with the packages clearly marked as "SUBSTITUTE".

2.17 Clarification of tender offer after submission

2.17.1 Provide clarification of a tender offer in response to a request to do so from the employer
during the evaluation of tender offers. This may include providing a breakdown of rates or
prices and correction of arithmetical errors by the adjustment of certain rates or item prices
(or both). No change in the competitive position of tenderers or substance of the tender
offer is sought, offered, or permitted.
Note:

Clause 2.17.1 does not preclude the negotiation of the final terms of the contract with a
preferred tenderer following a competitive selection process, should the employer elect to
do so.

2.18 Provide other material

2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender
offer, the tenderer’s commercial position (including notarized joint venture agreements),
preferencing arrangements, or samples of materials, considered necessary by the

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 employer for the purpose of a full and fair risk assessment. Should the tenderer not provide
the material, or a satisfactory reason as to why it cannot be provided, by the time for
submission stated in the employer’s request, the employer may regard the tender offer as
non-responsive.

2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

2.19 Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as
provided for in the tender data.

2.20 Submit securities, bonds, policies etc.

If requested, submit for the employer’s acceptance before formation of the contract, all
securities, bonds, guarantees, policies and certificates of insurance required in terms of the
conditions of contract identified in the contract data.

2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for
the employer to issue the contract.

2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after
the expiry of the validity period stated in the tender data.

2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in
the tender data.

3 THE EMPLOYER’S UNDERTAKINGS

3.1 Respond to requests from the tenderer

3.1.1 Unless otherwise stated in the tender data, respond to a request for clarification received
up to five working days before the tender closing time stated in the tender data and notify
all tenderers who drew procurement documents.

3.1.2 Consider any request to make a material change in the capabilities or formation of the
tendering entity (or both) or any other criteria which formed part of the qualifying
requirements used to prequalify a tenderer to submit a tender offer in terms of a previous
procurement process and deny any such request if as a consequence:

a) an individual firm, or a joint venture as a whole, or any individual member of the joint
venture fails to meet any of the collective or individual qualifying requirements;
b) the new partners to a joint venture were not prequalified in the first instance, either as
individual firms or as another joint venture; or
c) in the opinion of the Employer, acceptance of the material change would compromise
the outcome of the prequalification process.

3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each
tenderer during the period from the date that tender documents are available until three
days before the tender closing time stated in the tender data. If, as a result a tenderer

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 applies for an extension to the closing time stated in the tender data, the employer may
grant such extension and, shall then notify all tenderers who drew documents.

3.3 Return late tender offers

Return tender offers received after the closing time stated in the tender data, unopened,
(unless it is necessary to open a tender submission to obtain a forwarding address), to the
tenderer concerned.

3.4 Opening of tender submissions

3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the
presence of tenderers’ agents who choose to attend at the time and place stated in the
tender data. Tender submissions for which acceptable reasons for withdrawal have been
submitted will not be opened.

3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a
venue indicated in the tender data, the name of each tenderer whose tender offer is opened
and, where applicable, the total of his prices, preferences claimed and time for completion
for the main tender offer only.

3.4.3 Make available the record outlined in clause 3.4.2 to all interested persons upon request.

3.5 Two-envelope system

3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only
the technical proposal of valid tenders in the presence of tenderers’ agents who choose to
attend at the time and place stated in the tender data and announce the name of each
tenderer whose technical proposal is opened.

3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advice tenderers
who remain in contention for the award of the contract of the time and place when the
financial proposals will be opened. Open only the financial proposals of tenderers, who
score in the quality evaluation more than the minimum number of points for quality stated
in the tender data, and announce the score obtained for the technical proposals and the
total price and any preferences claimed. Return unopened financial proposals to tenderers
whose technical proposals failed to achieve the minimum number of points for quality.

3.6 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such
processes, information relating to the evaluation and comparison of tender offers, the final
evaluation price and recommendations for the award of a contract, until after the award of
the contract to the successful tenderer.

3.7 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of
tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that
he engaged in corrupt or fraudulent practices.

3.8 Test for responsiveness

3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer
properly received:

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 a) complies with the requirements of these Conditions of Tender,
b) has been properly and fully completed and signed, and
c) is responsive to the other requirements of the tender documents.

3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of
the tender documents without material deviation or qualification. A material deviation or
qualification is one which, in the Employer's opinion, would:

a) detrimentally affect the scope, quality, or performance of the works, services or supply
identified in the Scope of Work,

b) significantly change the employer's or the tenderer's risks and responsibilities under
the contract, or

c) affect the competitive position of other tenderers presenting responsive tenders, if it

were to be rectified.

3.8.3 Reject a non-responsive tender offer, and not allow it to be subsequently made responsive
by correction or withdrawal of the non-conforming deviation or reservation.

3.9 Arithmetical errors, omissions and discrepancies

3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in
figures. Where there is a discrepancy between the amounts in figures and the amount in
words, the amount in words shall govern.

3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation
points after the evaluation of tender offers in accordance with clause 3.11 for:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in:

i) line item totals resulting from the product of a unit rate and a quantity in bills of
quantities or schedules of prices; or
ii) the summation of the prices.

3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and invite
the tenderer to either confirm the tender offer as tendered or accept the corrected total of
prices.

3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as
follows:

a) If bills of quantities or pricing schedules apply and there is an error in the line item
total resulting from the product of the unit rate and the quantity, the line item total shall
govern and the rate shall be corrected. Where there is an obviously gross
misplacement of the decimal point in the unit rate, the line item total as quoted shall
govern, and the unit rate shall be corrected.

b) Where there is an error in the total of the prices either as a result of other corrections
required by this checking process or in the tenderer's addition of prices, the total of
the prices shall govern and the tenderer will be asked to revise selected item prices
(and their rates if bills of quantities apply) to achieve the tendered total of the prices.

3.10 Clarification of a tender offer

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a
contract arising from the tender offer.

3.11 Evaluation of Tender Offers

3.11.1 General

Appoint an evaluation panel of not less than three persons. Reduce each responsive
tender offer to a comparative offer and evaluate them using the tender evaluation methods
and associated evaluation criteria and weightings that are specified in the tender data.

3.11.2 Methods 1: Financial offer, quality and preference

In the case of a financial offer, quality and preferences:

a) Score each tender in respect of the financial offer made, quality and preferences
claimed, if any, in accordance with the provisions of clause 3.11.3, clause 3.11.4
and clause 3.11.5

b) Score each of the criteria and sub-criteria for quality in accordance with the provisions
of the tender data. Calculate the total number of tender evaluation points for quality
using the formula in clause 3.11.5.

c) Only tender who score the minimum required points on functionality will proceed to
price and preference evaluation stage.

d) Score the financial offers of remaining responsive tender offers using the formula in
clause 3.113.

e) Calculate the total number of tender evaluation points for preferences claimed in
accordance with the provisions of the tender data.

f) Calculate the total number of tender evaluation points (TEV) in accordance with the
following formula:

TEV = NFO + NP
where: NFO is the number of tender evaluation points awarded for the financial offer
made in accordance with clause 3.11.3;
Np is the number of tender evaluation points awarded for preferences claimed in
accordance with clause 3.11.4.

g) Rank tender offers from the highest number of tender evaluation points to the lowest.

h) Recommend the tenderer with the highest number of tender evaluation points for the
award of the contract, unless there are compelling and justifiable reasons not to do
so.

i) Re-score and re-rank all tenderers should there be compelling and justifiable reasons
not to recommend the tenderer with the highest number of tender evaluation points,
and recommend the tenderer with the highest number of tender evaluation points,
unless there are compelling and justifiable reasons not to do so and the process set
out in this sub-clause is repeated

3.11.2 Decimal places

Score financial offers, preferences and quality, as relevant, to two decimal places.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 3.11.3 Scoring Financial Offers

Score the financial offers of remaining responsive tender offers using the following formula:

NFO

= W1 x A

where: NFO is the number of tender evaluation points awarded for the financial offer.

W1 is the maximum possible number of tender evaluation points awarded for the financial
offer as stated in the tender data.

A is a number calculated using either formulas 1 or 2 below as stated in the Tender Data.

Formula Comparison aimed at achieving Option 1 Option 2

(P−Pm) P
1 Highest price or discount A=1+ A= Pm
Pm

Lowest price or percentage (P−Pm) Pm

2 A=1- A=
commission / fee Pm P

Pm = the comparative offer of the most favourable tender offer.

P = the comparative offer of tender offer under consideration

3.11.4 Scoring preferences

Confirm that tenderers are eligible for the preferences claimed in accordance with the
provisions of the tender data and reject all claims for preferences where tenderers are not
eligible for such preferences.

Calculate the total number of tender evaluation points for preferences claimed in
accordance with the provisions of the tender data.

3.11.5 Scoring quality

Score each of the criteria and sub criteria for quality in accordance with the provisions of
the tender data.

Calculate the total number of tender evaluation points for quality using the following
formula:

NQ = W2 X SQ/MS

Where: SQ is the score for quality allocated to the submission under consideration;
MS is the maximum possible score for quality in respect of a submission; and
W2 is the maximum possible number of tender evaluation points awarded for
the quality as stated in the tender data

3.12 Insurance provided by the employer

If requested by the proposed successful tenderer, submit for the tenderer's information the
policies and / or certificates of insurance which the conditions of contract identified in the
contract data, require the employer to provide.

3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any
unacceptable commercial risk and only if the tenderer:

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 a) is not under restrictions, or has principals who are under restrictions, preventing
participating in the employer's procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or

she possesses the professional and technical qualifications, professional and
technical competence, financial resources, equipment and other physical facilities,
managerial capability, reliability, experience and reputation, expertise and the
personnel, to perform the contract,

c) has the legal capacity to enter into the contract,

d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs
administered by a court or a judicial officer, has suspended his business activities, or
is subject to legal proceedings in respect of any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, and

f) is able, in the opinion of the employer, to perform the contract free of conflicts of
interest.

3.14 Prepare contract documents

3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by
the employer as part of the tender documents to take account of:

a) addenda issued during the tender period,

b) inclusion of some of the returnable documents, and

c) other revisions agreed between the employer and the successful tenderer.

3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.

3.15 Complete adjudicator's contract

Unless alternative arrangements have been agreed or otherwise provided for in the
contract, arrange for both parties to complete formalities for appointing the selected
adjudicator at the same time as the main contract is signed.

3.16 Notice to unsuccessful tenderers

3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by
completing and returning one copy of the form of offer and acceptance before the expiry of
the validity period stated in the tender data, or agreed additional period.

3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender,
notify other tenderers that their tender offers have not been accepted.

3.16.3 Unsuccessful forms / documents will be disposed of after 24 months.

3.17 Provide copies of the contracts

Provide to the successful tenderer the number of copies stated in the tender data of the
signed copy of the contract as soon as possible after completion and signing of the form of
offer and acceptance.

3.18 Provide written reasons for actions taken

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 Provide upon request written reasons to tenderers for any action that is taken in applying
these conditions of tender, but withhold information, which is not in the public interest to be
divulged, which is considered to prejudice the legitimate commercial interests of tenderers
or might prejudice fair competition between tenderers.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
T2.1 LIST OF RETURNABLE DOCUMENTS

1 RETURNABLE SCHEDULES REQUIRED FOR TENDER EVALUATION PURPOSES

1.1 Schedule 1 : Resolution of Board of Directors (authority to signed)

1.2 Schedule 2 : Resolution of Board of Directors to enter into consortia or JV’s
1.3 Schedule 3 : Schedule of proposed sub-contractors
1.4 Schedule 4 : Record of addenda to tender documents
1.5 Schedule 5 : Compulsory enterprise questionnaire
1.6 Schedule 6 : Clearance certificate for water & lights
1.7 Schedule 7 : Registration on Central Supplier Database

2 COMPULSORY MUNICIPAL BID DOCUMENTATION

2.1 MBD 4 : Declaration of interest

2.2 MBD 5 : Declaration for procurement above R10-million
2.3 MBD 6.1 : Preference certificate
2.4 MBD 6.2 : Declaration of Local Content and relevant Annexures
2.5 MBD 7.1 : Contract form for purchase of goods / works
2.6 MBD 8 : Declaration of bidder’s past supply chain management practices
2.7 MBD 9 : Certificate of Independent Bid Determine

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 SCHEDULE 1
RESOLUTION OF BOARD OF DIRECTORS
Resolution of a meeting of the Board of *Directors / Members / Partners of:

(Enterprise Name)

Held at
(place)

On
(date)

RESOLVED that:

The enterprise submits a bid / tender to the Madibeng Local Municipality in respect of the following project:
1. TENDER : RFT53/06/2023/2024- APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR THE
SUPPLY AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE
(3) YEARS

Mr/Mrs/Ms

in his/her capacity a:
(Position in the Enterprise)
2.
and who will sign as
follows: (Authorized Signature)

be, and is hereby, authorized to sign the bid / tender, and any and all other documents and/or correspondence
in connection with and relating to the bid /tender, as well as to sign any contract, and any and all
documentation, resulting from the award of the bid / tender to the enterprise mentioned above.

Directors / Members / Partners of:

Name Capacity Signature

Note: ENTERPRISE STAMP

1. * Delete which is not applicable
2. NB. This resolution must be signed by all the
Directors / Members / Partners of the Bidding
Enterprise
3. Should the number of Directors / Members /
Partners exceed the space available above,
additional names and signatures must be
supplied on a separate page
4. If no stamp the enterprise can sign on the stamp
box

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 SCHEDULE 2
RESOLUTION OF BOARD OF DIRECTORS TO ENTER INTO CONSORTIA OR JOINT
VENTURES

RESOLUTION of a meeting of the Board of *Directors / Members / Partners of:

(Enterprise Name)

Held at
M(place)

On
(date)

RESOLVED that:

The enterprise submits a bid / tender, in consortium / joint venture with the following enterprises:

(List all the legally correct full names and registration numbers, if applicable, of the enterprises forming the
consortium / joint venture)
1.
To the to the Madibeng Local Municipality in respect of the following project
TENDER : RFT53/06/2023/2024- APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR THE
SUPPLY AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE
(3) YEARS

Mr/Mrs/Ms

2. in his/her capacity as
(Position in the Enterprise)

and who will sign as

follows
(Authorized Signature)
2.1 be, and is hereby, authorized to sign a consortium / joint venture agreement with the parties listed under item
1 above, and any and all other documents and/or correspondence in connection with and relating to the
consortium / joint venture, in respect of the project described under item 1 above.
2.2 The enterprise accepts joint and several liability with the parties listed under item 2 above for the due fulfillment
of the obligations of the joint venture deriving from, and in any way connected with, the contract to be entered
into with the department in respect of the project described under item 1 above.
2.3 The enterprise chooses as its domicilium citandi et executandi for all purposes arising from this joint venture
agreement and the contract with the department in respect of the project under item 1 above

i) Physical address

ii) Postal address

(Code)

iii) Telephone number

iv) Fax Number

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 RESOLUTION OF BOARD OF DIRECTORS TO ENTER INTO CONSORTIA OR JOINT
VENTURES

Directors / Members / Partners of:

Name Capacity Signature

10

11

12

13

14

15

Note: Enterprise Stamp

1. Delete which is not applicable
NB. This resolution must be signed by all
2. the Directors / Members / Partners of the
Bidding Enterprise
Should the number of Directors /
Members / Partners exceed the space
3. available above, additional names and
signatures must be supplied on a
separate page

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 SCHEDULE 3

SCHEDULE OF PROPOSED SUB-CONTRACTORS

We notify you that it is our intention to employ the following sub-contractors for work in this contract. If we are
awarded a contract we agree that this notification does not change the requirement for us to submit the names of
proposed sub-consultants in accordance with requirements in the contract for such appointments. If there are no
such requirements in the contract, then your written acceptance of this list shall be binding between us. We agree
we will not subcontract more than 25% of the value of the contract to a person who is not an HDI or does not
qualify for such preference.

Name and address of Previous experience with sub-

Nature and extent of work
proposed sub-contractor contractor

NAME OF REPRESENTATIVE SIGNATURE CAPACITY DATE

NAME OF ORGANIZATION

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 SCHEDULE 4
RECORD OF ADDENDA TO TENDER DOCUMENTS

I / we confirm that the following communications received from the Madibeng Municipality before the
submission of this tender offer, amending the tender documents, have been taken into account in this tender
offer: (Attach additional pages if more space is required)

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

I / we confirm that no communications were received from the Madibeng Municipality before the submission
of this tender offer, amending the tender documents.

NAME OF REPRESENTATIVE SIGNATURE DATE

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 SCHEDULE 5
COMPULSORY ENTERPRISE QUESTIONNAIRE

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in
respect of each partner must be completed and submitted.

Section 1: Name of enterprise

Section 2: VAT registration number, if any

Section 3: Particulars of sole proprietors and partners in partnerships

No Name* Identity Number* Personal Income Tax Number*

3.1

3.2

3.3

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 4: Particulars of companies and close corporations

4.1 Company Registration number

4.2 Close corporation number

4.3 Tax reference number

Section 5: Record in the service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director,
manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within
the last 12 months in the service of any of the following:

An employee of any provincial department, national or

provincial public entry or constitutional institution within
A member of any municipal council
the meaning of the Public finance Management Act,
1999 (Act 1 of 1999)

A member of any provincial A member of an accounting authority of any national or

legislation provincial public entity

A member of the National Assembly

An employee of Parliament or a provincial legislature
or the National Council of Province

A member of the board of directors

An official of any municipality or municipal entity
of any municipal entity

Name of sole proprietor, partner in a Status of service

Name of institution, public office, board
partnership or director, manager, (tick appropriate

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 principal shareholder or stakeholder or organ of state and position held column)
Within
Current last 12
months

Section 6: Records of spouses, children and parents in the service of the state
Indicate by making the relevant boxes with a cross, if any spouses, child or parent of a sole proprietor, partner in a
partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently
or has been within the last 12 months been in the service of any of the following:
An employee of any provincial department, national or
provincial public entity or constitutional institution within
A member of any municipal council
the meaning of the Public Finance Management act,
1999 (act 1 of 1999)
A member of an accounting authority of any national or
A member of any provincial legislature
provincial public entity

A member of the National Assembly

An employee of Parliament or a provincial legislature
or the National Council of Province.

A member of the board of directors of

An official of any municipality or municipal entity
any municipal entity
Status of service
(tick appropriate
Name of institution, public office, board column)
Name of spouse, child or parent
or organ of state and position held Within
Current last 12
months

The undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise:
i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that
my / our tax matters are in order;
ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other
person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register
of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004.
iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise,
control over the enterprise appears, has within the last five years been convicted of frauds or corruption;
iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender
offers and have no other relationship with any of the tenderers or those responsible for compiling the scope
of work that could cause or be interpreted as a conflict of interest; and
v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my
belief both true and correct.

Note: insert separate page if necessary

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 NAME OF REPRESENTATIVE AUTHORIZED SIGNATURE (UNDERSIGNED)

CAPACITY DATE

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 SCHEDULE 6

CLEARANCE CERTIFICATE FOR WATER & LIGHTS

Section 45(1)(d) of Municipal Supply Chain Regulations requires that the municipality must reject a bidder whose
municipal rates and taxes are in arrears for more than three months.

The purpose of this schedule is to obtain proof that municipal services, rates and taxes of the service provider are not in
arrears for more than three months, with the relevant municipality / landlord in the municipal area where the service
provider conduct his / her business.

Each bidder must complete the below checklist. Important: if you fail to complete this form, the bid will be non-
responsive. (Please tick with X where appropriate):

QUESTIONS YES NO

1. Do you own a property?

2. Do you receive a municipal rates account?

Is your municipal rates and taxes account up to date / current (not in arrears for
3.
more than three months)?

4. If yes, provide the following details:

4.1  Municipality name

4.2  Municipal account number

If yes, please attach proof in the form of the original or certified copy of the
5.
bidder's municipal rates and taxes account not older than 3 months

6. Does the bidder lease / rent the property where the business is situated?

7 If yes, provide the following details:

7.1  Landlord name

7.2  Address property is situated

7.3  Contact number of landlord

Please attach the copy of the lease agreement signed by the landlord / lessor
8.
and the tenant / lessee as proof

I, (Insert full name)

of (insert physical address)

being a Director, Principal Shareholder, owner of company (Insert company name)

Hereby confirms that, the information submitted in this form is accurate, to the best of my knowledge

SIGNATURE

* IMPORTANT: IF YOU FAIL TO COMPLETE THIS FORM, PLEASE REGARD YOUR QUOTE OR TENDER AS NON
RESPONSE

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 SCHEDULE 7

NOTICE OF SUPPLY CHAIN MANAGEMENT

CENTRAL SUPPLIER DATABASE REGISTRATION

Par 14(1)(a) of the municipal supply chain management policy states that the municipality must keep a list of accredited
prospective providers of goods and services that must be used for the procurement requirements.

The purpose of this notice is to obtain proof that the service provider is registered on the Central Supplier Database.
Registration is COMPULSORY in order to conduct business with Madibeng Local Municipality.
The database will be used to verify the accreditation of a supplier before an award can be made.

Each bidder must complete the below checklist (please tick with an X where appropriate).

QUESTIONS YES NO

1. Is your company registered on the Central Supplier Database?

2. If yes, provide the following details:

2.1  CSD registration number

2.2  Unique CSD number

3. Enquiries related to par. 2.1 and 2.2 can be made to Mr. Ms B Sidell at (012) 318 9189//9125/9454

If no, please register on Central Supplier Database ,website, www.csd.gov.za, before submitting tender
4.
document

I, (insert full name)

of (insert physical address)

being a Director, Principal Shareholder, owner of company (insert company name)

hereby confirms that, the information submitted in this form is accurate, to the best of my knowledge

SIGNATURE

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
T2.2.2 COMPULSORY MUNICIPAL BID DOCUMENT
1. TAX COMPLIANCE REQUIREMENTS

1. Bidders must ensure compliance with their tax obligations.

2. Bidders are required to sumbit their unique personal identification number(PIN) issued by
SARS to enable Organ of state to view the taxpayer’s profile and tax status.
3. Application for the tax compliance status (TCS) certificate or PIN may be made via e-filing. In
order to use this provision, taxpayers will need to register with SARS as e-filers through the
website www.sars.gov.za
4. Foreign suppliers have must complete the pre-award questionnaire in part 2.
5. Bidders may also submit a printed TCS certificate together with the bid.
6. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must
submit a separate TCS certificate / pin / CSD number.
7. Where no TCS is available but the bidder is registered on the Central Supplier Database
(CSD), a CSD number must be provided.

2. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

1. Is the entity a resident of the Republic of South Africa? YES / NO

2. Does the entity have a branch in the RSA? YES / NO
3. Does the entity have a permanent establishment in the RSA? YES / NO
4. Does the entity have any source of income in RSA? YES / NO
5. Is the entity liable in the RSA for any form of Taxation? YES / NO

( IF THE ANSWER IS “NO”TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO

REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM SARS AND IF
NOT REGISTER AS PER 1.3. ABOVE)

NB: Failure to provide any of the above particulars may render the bid invalid.

………………………………………………………. ……………………………..
Signature of BIDDER Date

……………………………………………………………………………..
Capacity under which this bid is signed

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 4
DECLARATION OF INTEREST

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

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

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

No. Information Please provide detail

3.1 Full name of bidder or his or her representative

3.2 Identity number

Position occupied in the company (director,

3.3
trustee, hareholder²

3.4 Company registration number

3.5 Tax reference number

3.6 VAT registration number

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

3.7 Are you presently in the service of the state? Yes No

If yes, please furnish particulars :

3.7.1 Name of director

Service of state organization

3.7.2

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
3.8 Have you been in the service of the state for the past twelve months? Yes No

If yes, please furnish particulars :

3.8.1 Name of director

3.8.2 Service of state organization

Do you have any relationship (family, friend, other) with persons in the service of
3.9 the state and who may be involved with the evaluation and or Yes No
adjudication of this bid?

If yes, please furnish particulars :

3.9.1 Name of person in the service of state

3.9.2 Relationship

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

If yes, please furnish particulars :

3.10.1 Name of person in the service of state

3.10.2 Relationship

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

3.11 Yes No
principle shareholders or stakeholders in service of the state?

If yes, please furnish particulars :

3.11.1 Name of director

3.11.2 Service of state organization

Is any spouse, child or parent of the company’s director trustees, managers,

3.12 Yes No
principle shareholders or stakeholders in service of the state?

If yes, please furnish particulars:

3.12.1 Name of director

3.12.2 Name of relative

3.12.3 Relationship

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 Do you or any of the directors, trustees, managers, principle shareholders, or
3.13 stakeholders of this company have any interest in any other related companies Yes No
or business whether or not they are bidding for this contract?

If yes, please furnish particulars:

3.13.1 Name of director

3.13.2 Related company

Note: SCM Regulations:

“¹In the service of the state” means to be –
(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii) the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity;
(c) an official of any municipality or municipal entity;
(d) an employee of any national or provincial department, national or provincial public entity or
constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act
No.1 of 1999);
(e) a member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.

“² Shareholder” means a person who owns shares in the company and is actively involved in the
management of the company or business and exercises control over the company.

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

Full Name Identity Number State Employee Number

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
5. I, the undersigned certify that the information furnished on this declaration form is correct.

I accept that the state may act against me should this declaration prove to be false.

NAME OF REPRESENTATIVE AUTHORIZED SIGNATURE (UNDERSIGNED)

DATE CAPACITY

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 5
DECLARATION FOR PROCUREMENT ABOVE R10-MILLION
(ALL APPLICABLE TAXES INCLUDED)

For all procurement expected to exceed R10 million (all applicable taxes included), bidders must
complete the following questionnaire:

Tick applicable box

1. By law you are required to prepare annual financial statements for auditing? Yes No

1.1 If yes, submit audited annual financial statements for the past three years or since
Yes No
the date of establishment if established during the past three years.

2. Do you have any outstanding undisputed commitments for municipal services

towards any municipality for more than three months or any other service provider Yes No
in respect of which payment is overdue for more than 30 days?

2.1 If no, this serves to certify that the bidder has no undisputed commitments for
municipal services towards any municipality for more than three months or other Yes No
service provider in respect of which payment is overdue for more than 30 days.

2.2 If yes, provide particulars:

3. Has any contract been awarded to you by an organ of state during the past five
years, including particulars of any material non-compliance or dispute concerning Yes No
the execution of such contract?

3.1 If yes, provide particulars:

4. Will any portion of goods or services be sourced from outside the Republic, and, if
so, what portion and whether any portion of payment from the municipality / Yes No
municipal entity is expected to be transferred out of the Republic?

4.1 If yes, provide particulars:

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 CERTIFICATION

I, the undersigned certify that the information furnished on this declaration form is correct.

I accept that the state may act against me should this declaration prove to be false.

NAME OF REPRESENTATIVE AUTHORIZED SIGNATURE (UNDERSIGNED)

DATE CAPACITY

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2022

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

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

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

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).
a) The applicable preference point system for this tender is the 90/10 preference point system.

b) The applicable preference point system for this tender is the 80/20 preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/ highest
acceptable tender will be used to determine the accurate system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded for:
(a) Price; and
(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:
POINTS
PRICE 80
SPECIFIC GOALS 20
Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this tender to claim points
for specific goals with the tender, will be interpreted to mean that preference points for specific goals are not
claimed.

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

2. DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in response to an invitation to provide
goods or services through price quotations, competitive tendering process or any other method envisaged in
legislation;

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 (b) “price” means an amount of money tendered for goods or services, and includes all applicable taxes less
all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and
includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form determined by an organ of state in
response to an invitation for the origination of income-generating contracts through any method envisaged in
legislation that will result in a legal agreement between the organ of state and a third party that produces revenue
for the organ of state, and includes, but is not limited to, leasing and disposal of assets and concession contracts,
excluding direct sales and disposal of assets through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

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

80/20 or 90/10

𝑷𝒕−𝑷 𝒎𝒊𝒏 𝑷𝒕−𝑷 𝒎𝒊𝒏

𝑷𝒔 = 𝟖𝟎 (𝟏 − ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏 𝑷 𝒎𝒊𝒏
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME GENERATING
PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

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

80/20 or 90/10

𝑷𝒕−𝑷 𝒎𝒂𝒙 𝑷𝒕−𝑷 𝒎𝒂𝒙

𝑷𝒔 = 𝟖𝟎 (𝟏 + ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 + )
𝑷 𝒎𝒂𝒙 𝑷𝒎𝒂𝒙

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender

4. POINTS AWARDED FOR SPECIFIC GOALS

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference points must
be awarded for specific goals stated in the tender. For the purposes of this tender the tenderer will be allocated
points based on the goals stated in table 1 below as may be supported by proof/ documentation stated in the
conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it is unclear
whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the tender documents,
stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10 preference point
system will apply and that the highest acceptable tender will be used to determine the applicable
preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply and that
the lowest acceptable tender will be used to determine the applicable preference point system,
then the organ of state must indicate the points allocated for specific goals for both the 90/10 and 80/20 preference
point system.
Table 1: Specific goals for the tender and points claimed are indicated per the table below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable, corresponding
points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each preference point system.)

Number of Number of Number of Number of

points points points points
allocated claimed claimed
allocated (80/20
The specific goals (90/10 system) (90/10
(80/20 system) system)
allocated points in terms (To be system)
of this tender (To be (To be
completed by (To be completed by
the organ of completed by
completed by the tenderer) the tenderer)
state) the organ of
state)

10 20
10 20

Race – people who are 3 6

black, coloured or
Indian
Local Economic 2 4
Development
People with Disability 2 3
(PwD) Ownership
(20% or more)
Gender Women 1 3
Youth 2 4
TOTAL 10 20

DECLARATION WITH REGARD TO COMPANY/FIRM

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

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

4.5. TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
  One-person business/sole propriety
 Close corporation
 Public Company
 Personal Liability Company
 (Pty) Limited
 Non-Profit Company
 State Owned Company
[TICK APPLICABLE BOX]

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

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of
this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 4.2,
the contractor may be required to furnish documentary proof to the satisfaction of the organ of state that the
claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of contract
have not been fulfilled, the organ of state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s
conduct;
(c) cancel the contract and claim any damages which it has suffered as a result of having to
make less favourable arrangements due to such cancellation;
(d) recommend that the tenderer or contractor, its shareholders and directors, or only the
shareholders and directors who acted on a fraudulent basis, be restricted from obtaining
business from any organ of state for a period not exceeding 10 years, after the audi alteram
partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution, if deemed necessary.

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

SURNAME AND NAME: ……………………………………………………….

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

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 6.2

DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS

This Municipal Bidding Document (MBD) must form part of all bids invited. It contains general information and serves as a
declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable in
respect of Local Content as prescribed in the Preferential Procurement Regulations, 2017, the South African Bureau of
Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the Guidance on the
Calculation of Local Content together with the Local Content Declaration Templates [Annex C (Local Content Declaration:
Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and E (Local Content
Declaration: Supporting Schedule to Annex C)].

1. General Conditions

1.1. Preferential Procurement Regulations, 2017 (Regulation 8) make provision for the promotion of local production and
content.

1.2. Regulation 8.(2) prescribes that in the case of designated sectors, organs of state must advertise such tenders with
the specific bidding condition that only locally produced or manufactured goods, with a stipulated minimum threshold
for local production and content will be considered.

1.3. Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding process may be followed,
where the first stage involves a minimum threshold for local production and content and the second stage price and
B-BBEE.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner that the local
production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with the SABS
approved technical specification number SATS 1286: 2011 as follows:

LC = [1 - x / y] * 100

Where
x is the imported content in Rand
y is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate
published by South African Reserve Bank (SARB) on the date of advertisement of the bid as indicated in
paragraph 3.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on

http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content Declaration: Summary
Schedule) are not submitted as part of the bid documentation;

2. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS 1286:2011)
for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______%

3. Does any portion of the goods or services offered

have any imported content?

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 (Tick applicable box)
YES NO

3.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in paragraph 1.5
of the general conditions must be the rate(s) published by SARB for the specific currency on the date of
advertisement of the bid.

The relevant rates of exchange information is accessible on www.resbank.co.za

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS
1286:2011):

Currency Rates of exchange

US Dollar
Pound Sterling
Euro
Yen
Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

4. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold for local
content the dti must be informed accordingly in order for the dti to verify and in consultation with the AO/AA provide
directives in this regard.

LOCAL CONTENT DECLARATION

(REFER TO ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY

RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR
MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION,
PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF BID NO. .................................................................................

ISSUED BY: (Procurement Authority / Name of Institution):

.........................................................................................................................
NB

1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an
external authorized representative, auditor or any other third party acting on behalf of the
bidder.
2 Guidance on the Calculation of Local Content together with Local Content Declaration
Templates (Annex C, D and E) is accessible on
http://www.thedti.gov.za/industrial_development/ip.jsp. Bidders should first complete
Declaration D. After completing Declaration D, bidders should complete Declaration E and then
consolidate the information on Declaration C. Declaration C should be submitted with the
bid documentation at the closing date and time of the bid in order to substantiate the
declaration made in paragraph (c) below. Declarations D and E should be kept by the
bidders for verification purposes for a period of at least 5 years. The successful bidder is
required to continuously update Declarations C, D and E with the actual values for the duration
of the contract.

I, the undersigned, …………………………….................................................... (full names),

do hereby declare, in my capacity as ……………………………………… ………..
of ...............................................................................................................(name of bidder entity), the
following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 (i) the goods/services/works to be delivered in terms of the above-specified bid comply with
the minimum local content requirements as specified in the bid, and as measured in
terms of SATS 1286:2011; and
(c) The local content percentage (%) indicated below has been calculated using the formula given
in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 3.1 above and
the information contained in Declaration D and E which has been consolidated in Declaration
C:

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R
Stipulated minimum threshold for local content (paragraph 3 above)
Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each product
contained in Declaration C shall be used instead of the table above.
The local content percentages for each product has been calculated using the formula given
in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 3.1 above and
the information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Institution has the right to request that the local content
be verified in terms of the requirements of SATS 1286:2011.
(e) I understand that the awarding of the bid is dependent on the accuracy of the information
furnished in this application. I also understand that the submission of incorrect data, or data
that are not verifiable as described in SATS 1286:2011, may result in the Procurement
Authority / Institution imposing any or all of the remedies as provided for in Regulation 14 of the
Preferential Procurement Regulations, 2017 promulgated under the Preferential Policy
Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: ________________________

WITNESS No. 1 DATE: __________

WITNESS No. 2 DATE: ___________

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 7.1
CONTRACT FORM – PURCHASE OF GOODS / WORKS

THIS FORM MUST BE FILLED BY BOTH THE SERVICE PROVIDER (PART 1) AND THE EMPLOYER /
MUNICIPALITY (PART 2) AND SIGNED IN THE ORIGINAL.

PART 1 (TO BE FILLED IN BY THE BIDDER)

3 I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to
Madibeng Local Municipality in accordance with the requirements and task directives / proposals specifications
stipulated in bid number TENDER : RFT53/06/2023/2024- APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS
FOR THE SUPPLY AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE
(3) YEARS at the price/s quoted. My offer/s remains binding upon me and open for acceptance by the Employer /
Municipality during the validity period indicated and calculated from the closing date of the bid.

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

2.1 Bidding documents, viz

⁻ Invitation to bid;
⁻ Tax clearance certificate;
⁻ Pricing schedule(s);
⁻ Technical specification(s)
⁻ Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of
the Preferential Procurement Regulations 2017;
⁻ Declaration of interest;
⁻ Declaration of Bidder’s past SCM practices;
⁻ Certificate of Independent Bid Determination;
⁻ Special Conditions of Contract;

1.2 General Conditions of Contract;

1.3 Other (specify)

2. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s)
quoted cover all the services specified in the bidding documents; that the price(s) and rate(s) cover all my
obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

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

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

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

SIGNED AT AUTHORIZED SIGNATURE (UNDERSIGNED)

DATE NAME AND CAPACITY

WITNESSES: (SIGNATURE) DATE

1.

2.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 7.1
CONTRACT FORM – PURCHASE OF GOODS / WORKS

PART 2 (TO BE FILLED IN BY THE EMPLOYER / MUNICIPALITY)

1.
I in my capacity

as accept your bid under

reference number RFT 53/06/2023/24 dated

for the rendering of services hereunder and/or further specified in the annexures.

2. An official order indicating service delivery instructions is forthcoming.

3. I undertake to make payment for the services rendered in accordance with the terms and conditions of
the contract, within 30 (thirty) days after receipt of an invoice, subject to the National Treasury’s Central
Supplier Database reflecting your tax status as compliant.

MINIMUM
THRESHOLD
PRICE B-BBEE STATUS
DELIVERY FOR LOCAL
ITEM NO. (ALL APPLICABLE BRAND LEVEL OF
PERIOD PRODUCTION
TAXES INCLUDED) CONTRIBUTION
AND CONTENT
(IF APPLICALBE)

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

SIGNED AT AUTHORIZED SIGNATURE

(UNDERSIGNED)

DATE NAME AND CAPACITY

WITNESSES: (SIGNATURE) OFFICIAL STAMP

1.

2.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 8
DECLARATION OF BIDDERS PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1. This municipal bidding document must form part of all bids invited.

2. It serves as a declaration to be used by municipalities and municipal entities in ensuring that when
goods and services are being procured, all reasonable steps are taken to combat the abuse of the
supply chain management system.

3. The bid of any bidder may be rejected if that bidder, or any of its directors have:

3.1 abused the municipality’s / municipal entity’s supply chain management system or committed
any improper conduct in relation to such system;
3.2 been convicted for fraud or corruption during the past five years;
3.3 willfully neglected, reneged on or failed to comply with any government, municipal or other public
sector contract during the past five years; or
3.4 been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No. 12 of 2004).

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

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database Yes No
of Restricted Suppliers as companies or persons prohibited from doing
business with the public sector?
(Companies or persons who are listed on this database were informed in
writing of this restriction by the accounting officer / authority of the institution
that imposed the restriction after the audi alteram partem rule was applied).
The Database of Restricted Suppliers now resides on the National
Treasury’s website www.treasury.gov.za and can be accessed by
clicking on its link at the bottom of the home page

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters Yes No
in terms of section 29 of the Prevention and Combating of Corrupt Activities
Act (No. 12 of 2004)?
The Register for Tender Defaulters can be accessed on the National
Treasury’s website www.treasury.gov.za by clicking on its link at the
bottom of the home page.

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including a Yes No
court of law outside the Republic of South Africa) for fraud or corruption during
the past five years?

4.3.1 If so, furnish particulars:

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or Yes No
municipal charges to the municipality / municipal entity, or to any other
municipality / municipal entity, that is in arrears for more than three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality / municipal entity or any Yes No
other organ of state terminated during the past five years on account of failure to
perform on or comply with the contract?

4.5.1 If so, furnish particulars:

CERTIFICATION

I, the undersigned certify that the information furnished on this declaration form true and correct.

I accept that, in addition to cancellation of a contract, action may be taken against me should this
declaration prove to be false.

NAME OF REPRESENTATIVE AUTHORIZED SIGNATURE (UNDERSIGNED)

DATE CAPACITY

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This municipal bidding document (MBD) must form part of all bids¹ invited.

2 Section 4(1)(b)(iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between,
or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a
horizontal relationship and if it involves collusive bidding (or bid rigging). ²Collusive bidding is a pe se
prohibition meaning that it cannot be justified under any grounds.

3 Municipal Supply Regulation 38(1) prescribes that a supply chain management policy must provide
measures for the combating of abuse of the supply chain management system, and must enable the
accounting officer, among others, to:

3.1. take all reasonable steps to prevent such abuse;

3.2. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain
management system of the municipality or municipal entity or has committed any improper
conduct in relation to such system; and

3.3. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act
during the bidding process or the execution of the contract.

4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when
bids are considered, reasonable steps are taken to prevent any form of bid rigging.

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

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

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

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

TENDER : RFT53/06/2023/2024- APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR THE SUPPLY AND
DELIVERY OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE (3) YEARS
in response to the invitation for the bid made by:

NAME OF MUNICIPALITY / MUNICIPAL ENTITY

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

I certify, on behalf of:

NAME OF REPRESENTATIVE

that:

1. I have read and I understand the contents of this certificate.

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

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

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

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

a. Has been requested to submit a bid in response to this bid invitation;

b. Could potentially submit a bid in response to this bid invitation, based on their qualifications,
abilities or experience; and

c. Provides the same goods and services as the bidder and/or is in the same line of business as
the bidder.
6. The bidder has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor. However, communication between
partners in a joint venture or consortium³ will not be construed as collusive bidding.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:

7.1 Prices;
7.2 Geographical area where product or service will be rendered (market allocation);
7.3 Methods, factors or formulas used to calculate prices;
7.4 The intention or decision to submit or not to submit a bid;
7.5 The submission of a bid which does not meet the specifications and conditions of the bid; or
7.6 Bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any
competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the
products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or
indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the
contract.

³ Joint venture or consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a
contract.

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

NAME OF REPRESENTATIVE AUTHORIZED SIGNATURE (UNDERSIGNED)

DATE CAPACITY

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 C1 AGREEMENTS AND CONTRACT DATA

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
C1.1 FORM OF OFFER & ACCEPTANCE
C1.1.1 FORM OF OFFER

The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the
following project:

Bid / Tender Number RFT53/06/2023/24

APPOINTMENT OF A PANEL OF FIVE (5) SERVICE PROVIDERS FOR THE

Tender Title SUPPLY AND DELIVERY OF ELECTRICAL AND WATER TOOLS AND
EQUIEPMENT FOR A PERIOD OF THREE (3) YEARS

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and
addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions
of tender.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and
acceptance, the tenderer offers to perform all of the obligations and liabilities of the service provider /
consultant under the contract including compliance with all its terms and conditions according to their true
intent and meaning for an amount to be determined in accordance with the conditions of contract identified in
the contract data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS THE FOLLOWING:
AMOUNT IN FIGURES
AMOUNT IN WORDS (INCL. VAT)
( INCL VAT)

RAND R
**AMOUNT MUST BE IN WORDS AS WELL AS FIGURES

This offer may be accepted by the employer by communicating such acceptance in writing to the tenderer or
by signing the acceptance part of this Form of Offer and Acceptance and returning one copy thereof to the
tenderer,whereupon the tenderer becomes the party named as the provider / consultant in the conditions of
contract identified in the contract data.

Signature Block: Tenderer

Signature Date

Name

Capacity

Name of organization

Address of organization

Signature of witness Date

Name of witness

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
C1.1.2 FORM OF ACCEPTANCE

By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer’s
offer. In consideration thereof, the employer shall pay the service provider / consultant the amounts due in
accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offers
shall form an agreement between the employer and the tenderer upon the terms and conditions contained in
this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

 Part C1 Agreements and contract data, (which includes this agreement)

 Part C2 Pricing data
 Part C3 Scope of work.
 Service Level of Agreement attached to this document (if any) as amended ( if applicable) and signed
by the parties.

and documents or parts thereof, which may be incorporated by reference into Parts C1 to C3 above.

Deviations from and amendments to the Service Level Agreement and documents listed in the tender data
and any addenda thereto as listed in the tender schedules, will only be valid if reduced to writing and signed
by both parties.

The tenderer shall within two weeks after receiving a completed copy of this agreement, contact the employer’s
agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of
insurance and any other documentation to be provided in terms of the conditions of contract identified in the
contract data. Failure to fulfill any of these obligations in accordance with those terms shall constitute a
repudiation of this agreement.

Unless otherwise specified elsewhere in this bidding document or any subsequent written agreement entered
into between the parties, this agreement comes into effect on the date when the Employer communicates the
acceptance and/or conditions of acceptance of the tenderer’s offer in writing or signs the acceptance part of
the Offer and Acceptance, whichever occurs first.

Signature Block: Employer

Signature Date

Name

Capacity

Name of organization Madibeng Local Municipality

Address of organization P.O. Box 106, Brits, 0250

Signature of witness Date

Name of witness

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 C1.2 CONTRACT DATA
PART 1 - DATA PROVIDED BY THE EMPLOYER

The employer is the Madibeng Local Municipality.

The authorized and designated representative of the employer is:

Name of employer: Madibeng Local Municipality

Madibeng Local Municipality

1st Floor
The address for receipt
P.O. Box 106
of communications is:
Brits
0250

Telephone:
012 381 9340

Facsimile:
None

Email:
[email protected]

RFT53/06/2023/2024- APPOINTMENT OF A PANEL OF FIVE (5) SERVICE

The project is: PROVIDERS FOR THE SUPPLY AND DELIVERY OF ELECTRICAL AND WATER
TOOLS AND EQUIEPMENT FOR A PERIOD OF THREE (3) YEARS

Note :

1. The location for the performance of the Project is the municipal area of Madibeng.
2. The service provider is required to provide the Service with all reasonable care, diligence and
skill in accordance with generally accepted professional techniques and standards.
3. The service provider is required to obtain the employer’s prior approval in writing before taking
any of the following actions:
• Appointing subcontractors for the performance of any part of the services,
• Appointing key persons or personnel not listed by name in the contract data.
4. Copyright of documents prepared for the project shall be vested with the employer.
5.
6.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
PART 2 - DATA PROVIDED BY THE SERVICE PROVIDER

The service provider is

Name

Address

Telephone:

Facsimile:

The authorized and designated representative of the service provider is

Name

The address for receipt of

communications is

Telephone

Facsimile

Email

Address

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
C2 PRICING SCHEDULE

C2.1 PRICING INSTRUCTIONS

a) These pricing instructions provide the tenderer with guidelines and requirements with regard to
the completion of the pricing schedule. These pricing instructions also describe the criteria and
assumptions which will be assumed in the contract to have been taken into account by the
tenderer when developing his prices.
b) The pricing schedule shall be read with all the documents which form part of this contract.
c) The following words have the meaning hereby assigned to them:
Words/Abbreviation Meaning
Example: M Meter

d) The rates to be inserted in the pricing schedule are to be full inclusive for the work described
under the specification. Such rates shall cover all costs and expenses that may be required in
and for the execution of the work described, and shall cover the cost of all general risks,
liabilities, and obligations set forth or implied in the documents on which the tender is based, as
well as overhead charges and profit.
e) A rate is to be entered against each item in the Schedule of Fees and Disbursements. An item
against which no rate is entered will be accepted as a rate of nil having been entered against
such items and covered by the other prices or rates in the schedule.
f) All rates and sums of money quoted in the pricing schedule shall be in Rands and whole cents.
Fractions of a cent shall be discarded.
g) All travelling costs, accommodation, meals and other incidental costs are to be included in the
time based costs.
h) Provisional amounts shall only be expended on the specific instruction of the Employer.
i) All prices and rates entered in the pricing schedule must be exclusive of Value Added Tax
(VAT).
j) If registered VAT is should be added at below the schedule. If not VAT registered indicate zero
or “-“
k) Only firm prices will be accepted. Non-firm prices (including prices subject to rates of exchange
variations) will not be considered.
l) In cases where different delivery points influence the pricing, a separate pricing schedule must
be submitted for each delivery point.
m) In cases of contract periods longer than 12 months and price adjustments is applicable, it will be
based on CPI. If higher inflation is required indicate CPI + and number %.
n) If the tender required firm (fixed prices) the amount indicated in Colum D will be the tender
amount.
o) If the tender amount is payable at end of contract on delivery of goods and services, Scratch out
total per month with N/A or “-“
p) If the tender amount is based on rates (Column B), the tender will be awarded to the rate and
the total contract amount will only be used for evaluation purposes.

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
C2.2 MBD 3.1 BID PRICE

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

Name of Bidder:………………………………….............. Bid Number: RFT53/06/2023/24

Closing Date: 24 July 2024 Closing Time: 10h00

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

LIST OF ELECTRICAL AND WATER TOOLS AND EQUIEPMENT

NO DESCRIPTION AMOUNT
1. CROWBAR 25*1800MM
ELECTRICAL TOOL SET COMPOSITION R

SET MUST INCLUDE THE FOLLOWING:

ELECTRICIAN TOOLS COMPOSITION IN TEXTILE BOX
7 X COMBINATION WRENCHES: 8 - 10 - 13 - 16 - 17 - 18 - 19 MM.
9 X SPHERICAL HEAD SPANNERS FROM 1.5 TO 10 MM.
1 X MEASURES 5 M.
1 X RECTANGULAR LEVEL 400 MM.
9 X MALE TORX® KEYS FROM 1.5 TO 10 MM FROM 8 TO 40 MM.
1 X RIVETING HAMMER 32 MM
1 X PORTABLE LAMP,
1 X ADJUSTABLE WRENCH LARGE OPENING 8 ".
2.
39 X ¼ " SOCKETS AND ACCESSORIES
1 X CUTTER 25 MM + 10 BLADES.
31 X SCREWDRIVER BITS.
4 X INSULATED SCREWDRIVERS 1000 V SLOT: 3.5 X 100 - 4 X 100 - 5.5 X 125 - 6.5 X 150.
1 X INSULATED STRIPPING PLIERS 1000 V.
1 X INSULATED FLAT NOSE PLIERS 1000 V.
1 X INSULATED CUTTING PLIERS 1000 V.
1 X CRIMPING PLIERS.
1 X INSULATED MULTIGRIP PLIERS 1000V.
1X CABLE STRIPPER TOOL.
1X MULTIMETER.
1X39L TEXTILE TOOL BOX
PLUMBING TOOL SET COMPOSITION R
SET MUST INCLUDE THE FOLLOWING:
1X FLARING AND SWAGING SET.
1X ROTHENBERGER MINIBEND – 1/4″, 5/16″, 3/8″.
3.
1X SUPERFIRE 4 SELF IGNITING TORCH ONLY.
2X MAPPGAS WITH EU CONNECTION – 2700C – 7/16″.
1X FLAME REFLECTOR 65 MM – 8 TO 15 MM TUBE.
1X SOLDERING PROTECTIVE MAT 250 X 200 – 750° C (TRADESMAN).

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
 1X ROVLIES CLEANING PADS (10 PER BOX).
1X CAPILLARY TUBE CUTTER 0 – 44 MM.
1X MINI MAX TUBE CUTTER 3 – 28 MM.
1X TUBE CUTTER PRO 42. DURAMAG 6 – 42 MM.
1X PPLATE FIN COMB STRAIGHTENER – 8 TO 15 FINS PER INCH.
1X ROFAST WATERPUMP PLIERS WRENCH H 50 TO 254 MM.
1X ROGRIP M – 2K – 7″ WATERPUMP PLIERS.
1X ROGRIP M – 2K – 10″ WATERPUMP PLIERS.
1X WRENCH ADJUSTABLE WIDE JAW 8″.
1X MULTI TOOL AND BELT POUCH.
1X 5M TAPE MEASURE.
1X RACHET WRENCH: 1/4, 3/8, 3/16, 5/16″.
1X ROCASE 6427 RED WITHOUT INLAY 59 X 39 X 27 CM.
4. TECH HCC185 HYDRAULIC CABLE CUTTER UP TO 185MM
5. LITHIUM BATTERY & CHARGER 21VOLT SAME BATTERY
6. TACTICAL TORCH 600LUMENS RECHARGEABLE
7. MULTIMETER DIGITAL MULTI FLUKE 1000VL
8. 10MM MASONRY DRILL BIT
9. 20L DIESEL MILITARY CAN (JELLY CAN)
10. 20L PETROL MILITARY FUEL CAN
11. 3.5/25.500 DRY WALL SCREWS PACK OF 500
12. 4 TON SELF COLOUR SCREW PIN SMALL BOW SHACKLE - 40
13. 4TON X 1M-5M DFS VERTEX NYLON 4000KG HOIST
14. ALLBRO ENCLOSURE SURFACE MOUNT SSO 118X118X36 A-44
15. AUTOMATIC CENTRE PUNCH 002
16. BLACK & YELLOW ROAD DELINEATOR 800 X 200MM 806
17. BLADES HACKSAW 24 ZEBRA
18. BOSCH GWS 18V-10 SC 125MM CORDLESS ANGLE GRINDER
19. CHISEL COLD FLAT 25*300MM
20. CUTTING DISC STEEL 350 MM
21. CUTTING DISK 115 MAS
22. CUTTING DISK 115 STEEL
23. CUTTING DISK 230 STEEL
24. CUTTING DISK STEEL 120 MM
25. CUTTING DISK STEEL 230 MM
26. DIAMOND BLADE CONCRETE 350X3.0
27. DRILL BIT INDUSTRIAL, 17.5MM QUALITY, REDUCE SHANK
28. DRILL BIT -WOOD AUGER 16.0X300MM (30CM)
29. DRILL BITS HSS 4.0MM STEEL
30. DRILL BRIGHT FINISH HSS 10MM INDUSTRIAL
31. EUREKA 10MM GALVANISED HEX NUTS (8 PACK)
32. FRAGRAM SHEAR HEDGE WAVY-WOODEN HANDLE
33. GREASE- CHASSIS GENL EP22 50KG
34. HAMMER BALL PEIN
35. HAND SAW 450MM HACKSAW H/DUTY STEEL
36. HANDLE PICK POLYPROPYLENE 3KG
37. HASP EN STAPEL 100MM
38. LIBRA BARRIER TAPE (75MM X 500M)

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
39. MEASURING POWERLOCK TAPE 20M
40. MEASURING WHEEL ROTO DELUX W/BRAKES 10KM
41. METAL DRILL BIT 1-10 DEXTER 10PC
42. MKII ROAD BARRIER 300L YELLOW
43. NYLON TRIMME LINE 3.5MM X 160M - FOR BRUSHCUTTERS.
44. ORANGE TRAFFIC CONES 750MM PVC
45. PADLOCK TRI CIRCLE BRASS NO265 50MM CASE/60 W
46. PICKHEAD - D/C POINT
47. POP RIVETS 4.8X12MM PKT OF 500
48. POP RIVETS 4X12MM PKT 500 EURE
49. POP RIVETS 5MM X 10MM PKT 500
50. POP RIVETS 5MMX10MM PKT OF 500
51. RED COT TRAFFIC FLAG WITH 1METRE PVC HANDLE
52. POP RIVETS 4MM X 10 PACK OF 500
53. RODS WELDING 2.50MM 5KG VITA
54. RODS WELDING 3.15MM 5KG VITA
55. SELF TAPPING SCREW 10MM PKT 50
56. SET HOLE SAW 6 PIECE 22,25,32,35,
57. STAINLESS STEEL CABLE TIE TOOL PLIERS
58. STANLEY 1.2M SPIRIT LEVEL
59. UNION DOVE PULL HANDLE OVAL
60. UNION OVAL CYLINDER SASH LOCK L-2241-78SS
61. WRENCH PIPE 450MM 225
62. YALE LOCKSET MULTI LEVER MORTICE LOCK
63. UNION 40MM LAM RED LAM 28MM KA LOCK
64. PADLOCK 50MM UNION - WITH MASTERKEY
65. M16 EYE NUT
66. HONEY JAR (TESTING) 500ML
67. HIGH TENSILE STEEL ROD 2M HEAVY DUTY
68. DRAIN-DOUBLE CORKSCREW 50MM
69. CORDLESS DRIVER DRILL XD-180 18V
70. BATTERY CHARGER 21VOLT 4A (INPUT:220-240V-50/60HZ
71. BATTERY CHARGER 21VOLT -DRILL
72. 20VOLT DRILL BATTERY 4.0H
73. CORDLESS RECIPROCATING SAW, 18V WITH BATTERY
SUB TOTAL
15% VAT
TOTAL

NB:ITEM 2 AND 3 PRICE PER SET NOT INDIVIDUAL ITEMS

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

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

Delivery: Firm/ Not Firm

Delivery basis (all delivery costs included in the bid price) Yes/No

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

 QUANTITIES INDICATED ABOVE ARE FOR EVALUATION PURPOSES ONLY

 NB: ESCALATION OF PRICES SHOULD BE PER ANNUM AFTER 12 MONTHS OF THE CONTRACT,
CALCULATED ON THE CPI IN RESPECT OF THE MONTH IN WHICH ESCALATION IS APPLIED
(THE ANNIVERSARY MONTH).
 ALLOCATION OF WORK WILL BE LIMITED TO THE AVAILABLE BUDGET

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

END OF BID DOCUMENT

TENDER NO. RFT53/06/2023/2024

BIDDER WITNESS EMPLOYER WITNESS