THE MSUNDUZI MUNICIPALITY SUPPLY CHAIN MANAGEMENT DR D. N. GAMBU 333 Church Street, Private Bag X205, Pietermaritzburg, 3200 Telephone No. 033 – 392 2597 SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. Tenderer’s Name: Postal Address: Contact Person: Telephone No: Cellular No: E-Mail Address: CSD Supplier No: CRS/CIDB Number: Tenders contained in sealed envelopes and marked with “SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025” and the Contract Description must be placed in the Msunduzi Municipality’s Central Stores, 2 Abattoir Road (off Kershaw Street), Pietermaritzburg, 3201, not later than 12h00 on Thursday, 13 November 2025, when they will be publicly opened. Only Tenders placed in the Tender Box before the closing time above will be accepted. 1 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. COVER PAGE ..................................................................................................................... 1 CONTENTS ......................................................................................................................... 2 TENDER SUBMISSION CHECKLIST ................................................................................ 3 TENDER NOTICE ............................................................................................................... 4 STANDARD CONDITIONS OF TENDER ........................................................................... 6 LEGISLATION ................................................................................................................... 13 DEFINITIONS .................................................................................................................... 16 SPECIFICATION ............................................................................................................... 17 BILL OF QUANTITIES ...................................................................................................... 25 10. DATA SHEETS 1 – 9 10.1 10.2 10.3 10.4 10.5 10.6 10.7 INVITATION TO BID DOCUMENT ................................................................................... 30 AUTHORITY TO SIGN DOCUMENT ............................................................................... 33 DECLARATION OF MUNICIPAL FEES ........................................................................... 36 DECLARATION OF INTEREST ........................................................................................ 37 BIDDERS PAST SUPPLY CHAIN MANAGEMENT PRACTICES ................................... 40 CERTIFICATE OF INDEPENDENT BID DETERMINATION ........................................... 42 DECLARATION FOR PROCUREMENT ABOVE R10 MILLION ..................................... 45 11. TENDER FORM ................................................................................................................ 47 12. ANNEXURES 12.1 12.2 12.3 12.4 12.5 12.6 12.7 ANNEXURE “A” – ALTERATIONS BY TENDERER ........................................................ 49 ANNEXURE “B” – OCCUPATIONAL HEALTH AND SAFETY ACT ................................ 50 ANNEXURE “C” – PREFERENTIAL PROCUREMENT POLICY .................................... 52 ANNEXURE “D” – TAX CLEARANCE CERTIFICATE .…………………………………….58 ANNEXURE “E” – CIPC REGISTRATION CERTIFICATE .. ………………………………59 ANNEXURE “F” – CSD REGISTRATION REPORT….…………………………………….60 ANNEXURE “G” – COMPACT DISC (CD) OR USB- FLASH DRIVE …......................…61 13. TENDERERS PLEASE NOTE: 13.1 Tenderers are advised to check the number of pages, and should any be missing or duplicated, or the reproduction thereof indistinct, or any descriptions ambiguous, or if this document contains any obvious errors, they shall inform the Head: Supply Chain Management or the Engineer at once and have same rectified. No liability whatsoever will be incurred by the Council in respect of errors in any tender due to the Tenderer’s failure to observe this requirement. 13.2 The Tender Notice was advertised in The Witness newspaper on Monday, 13 October 2025. 13.3 The tender closes at the Tender Box located at the Msunduzi Municipality’s Central Stores, 2 Abattoir Road (off Kershaw Street), Pietermaritzburg, 3201, at 12h00 on Thursday, 13 November 2025. 2 THE MSUNDUZI MUNICIPALITY TENDER SUBMISSION CHECKLIST The Checklist below is attached hereto to assist Service Providers with the completion of the tender document. Service Providers are required to TICK the relevant boxes for verification purposes. Where information is not applicable to the tender, the symbols N/A must be inserted in the space provided. It must be noted that the Council shall not be held liable for any loss or damage incurred to the Service Provider should the Service Provider fail to fulfil the requirements of the Tender. Service Provider to Tick (√ ) No. Description 1 Has the Tender Document been completed in handwriting or typed and all corrections counter-signed? (No correction fluid used) 2 Has all tendered amounts been arithmetically checked and the correct total amounts carried forward to the Summary Page and Tender Form? 3 Has all information as required in terms of the Tender Document been submitted with the tender? 4 Has the compulsory “Tender Briefing/Site Inspection” meeting been attended and has the “Tender Briefing/Site Inspection” certificate been completed and signed at the meeting? 5 Have all Declarations contained in the Tender Document been completed and signed by the Tenderer, and before a Commissioner of Oaths (if applicable)? 6 Has the “Tender Form” been completed and signed? 7 Is a valid Tax Clearance Status Verification Pin attached to the Tender Document? 8 Has the CSD Supplier Number and Unique Registration Reference Number been submitted with the Tender Document? 9 Does the price includes VAT regardless of VAT status of being a VAT or Non Vat vendor all prices must include VAT N/A For Official Use Only D D *D: Failure to comply with these Sections will prejudice the tender. Name of Service Provider : __________________________________________________ Signature : __________________________________________________ Name of Tenderer : __________________________________________________ 3 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. TENDER NOTICE Tenders are hereby invited from suitably qualified and experienced Service Providers for the contract No. Supplies and Service 56 of 2025. Mechanical and Refrigeration contract for Msunduzi Municipality Markert for the period of three (3) years commencing from the date of award. Only Tenderers who have a CIDB grading of 1ME or higher will be considered for appointment. Tender documents will be made available to tenderers from 12h00 on Monday, 13 October 2025. Tender documents can be downloaded and printed at the tenderer’s cost from the National Treasury eTender Publication Portal on www.etenders.gov.za. Printed copies of the tender documents shall also be available from the Supply Chain Management Unit Offices, 5th Floor, A S Chetty Centre, 333 Church Street, Pietermaritzburg, as from the abovementioned date and time, at a non-refundable tender deposit fee of R318.60 (including VAT) for each document drawn. Only cash or EFT payments will be accepted. For any technical related enquiries, please contact Ntuthuko Phungula on direct Telephone No. 033 392 2170 or e-mail address Ntuthuko.phungula@msunduzi.gov.za For any procurement related enquiries, please contact Phiwe Mthalane (Supply Chain Management SubUnit) on direct Telephone No. 033 – 392 2486 or e-mail address phiwe.mthalane@msunduzi.gov.za. Tenders contained in sealed envelopes and marked with “SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025” and the Contract Description must be placed in the Msunduzi Municipality’s Central Stores, 2 Abattoir Road (off Kershaw Street), Pietermaritzburg, 3201, not later than 12h00 on Thursday, 13 November 2025, when they will be publicly opened. Only Tenders placed in the Tender Box before the closing time above will be accepted Tender Validity Period: Four (4) months commencing from the closing date of tender. Tender Adjudication/Evaluation Criteria: Tenderers meeting the Mandatory Requirements of the tender shall be evaluated on a Two Stage Evaluation System – Stage One: Functionality and Stage Two: 80/20 Point System in accordance with the Msunduzi Municipality’s Supply Chain Management Policy (incorporating Preferential Procurement) as prescribed in terms of the Preferential Procurement Regulations 2022, pertaining to the Preferential Procurement Policy Framework Act, Act No. 5 of 2000, including Chapter 4 of the Public Procurement Act, Act No. 28 of 2024. The Functionality for Stage One shall be evaluated on the following criteria: No. Evaluation Criteria Maximum Points 1. Number of successfully completed projects/contracts related to installation/refurbishment/modification and or maintenance of mechanical and refrigeration plants successfully completed completed. 20 Points 4 2. Total number of years post Trade test that the Contract Manager have in terms of experience on mechanical and refrigeration plants: - Detailed Curriculum Vitae 20 Points 3. Total number of Artisans with qualifications Mechanical (Industrial or Commercial Refrigeration) 10 Points Total Functionality Points 50Points Minimum Threshold (80%) 35Points The allocation of Preference Points will be according to the following Specific Goals: No. Specific Goal Points 1. Locality - Within Msunduzi Municipality 10 Points 2. Race - At least 51% black 5 Points 3. Gender - At Least 20% owned by woman 5 Points Total Preference Points (Specific Goals) 20 Points The Tenderer is to submit a full copy of the Service Provider’s CSD report to claim the abovedescribed Specific Goals Preference Points. The Msunduzi Municipality does not bind itself to accept the lowest or any tender and reserves the right to accept the whole or any part of a tender. Each tenderer will be informed of the tender result. The Msunduzi Municipality expects businesses within the Pietermaritzburg and Midlands Region to support its contract and BEE/SMME initiatives. MR S. F. MNDEBELE (MUNICIPAL MANAGER) 5 THE MSUNDUZI MUNICIPALITY STANDARD CONDITIONS OF CONTRACT 1. DOCUMENTS This document comprises of the Standard Conditions of Tender, Standard Conditions of Contract (N/A), Special Conditions of Contract (N/A), Legislation, Definitions, Specifications, Pricing Schedule, Tender Form, Drawings (N/A), Data Sheets and Annexures thereto. 2. SUBMISSION OF TENDERS Tenders must be made out on the Tender Form annexed hereto. Service Providers are advised that this document must be completed by being hand written or typed and submitted in its entirety. Failure to comply with this condition shall result in the tender being disqualified. Service Providers using Courier Companies or any other mode of transport to deliver their tender documents must ensure that the tender documents are delivered to the Tender Box located at the Msunduzi Municipality’s Central Stores, 2 Abattoir Road (off Kershaw Street), Pietermaritzburg, 3201, before the close of tenders. The Council shall not be held liable for any tender document which is not timeously delivered, mislaid or incorrectly delivered due to the negligence of the Courier Company or any other party involved in the delivery of the tender documents, including any employee of the Council. Sealed tenders endorsed with the appropriate Contract Number and Contract Title must reach the Msunduzi Municipality’s Central Stores, 2 Abattoir Road, Pietermaritzburg, 3201, not later than the closing date and time stated in the public advertisement inviting tenders, when they will be opened in publicTenders shall remain valid for four (4) calendar months from the date of opening, except for the initial five (5) working days grace period after the close of tenders within which period a Service Provider may be permitted to withdraw its tender subject to an application with good and sufficient reasons being submitted in writing to obtain approval of such withdrawal, at the sole discretion of the Head: Supply Chain Management. All literature submitted must be securely attached to the tender. The Council shall not be held liable for any loss or damages sustained due to the Service Provider’s failure to comply with this condition. In the case of a Service Provider withdrawing its tender after the expiry of the grace period, the Council may refuse to receive or consider, for such period as it may think fit, any further tenders from that Service Provider. 3. COMMUNICATION WITH MEMBERS OF THE COUNCIL OR COUNCIL EMPLOYEES Without detracting from any prevailing law, no Service Provider shall offer, promise or give any person or persons connected with the adjudication, or awarding of the tender, any gratuity, bonus, discount or consideration of any kind in connection with the obtaining of a contract. Nor shall any Service Provider communicate with any member of the Council or a Council employee on a question affecting the awarding of a contract which is the subject of a tender, during the period between the closing date of tenders and the date of notification of the successful Service Provider; provided always that the Head: Supply Chain Management may, in exceptional circumstances, obtain additional information from a Service Provider to enable her to formulate her recommendation to Council. Any attempt to contravene this condition, which is brought to the notice of the r: Supply Chain Management shall result in the disqualification of the Service Provider. 6 Prospective Service Providers are further advised that s118 of the Municipal Finance Management Act prohibits the interference, by any person, with the supply chain management system of the Municipality and the amendment of or tampering with any tender, quotation, contract or tender after its submission. 4. IMPORT PERMITS The Council will not undertake to secure any import permits or currency for the import of any goods or materials required for the execution of this contract. The Service Provider must apply directly for any import permits or currency needed. However, the Council will furnish the successful Service Provider with a supporting statement, if required. 5. REGISTRATION WITH THE CENTRAL SUPPLIER DATABASE (CSD) The National Treasury’s Central Supplier Database (CSD) has been open for registration from 01 September 2015. The CSD serves as one single source of supplier information to all spheres of government. Within this system, suppliers are required to register once when they do business with the state. This will significantly reduce the administrative burden for businesses, especially small and medium sized enterprises. The database interfaces with the South African Revenue Service (SARS), the Companies and Intellectual Property Commission (CIPC) and the payroll system. It will electronically verify a supplier’s tax status and enable public sector officials doing business with the state to be identified. All prospective suppliers can register any time on the CSD website www.csd.gov.za Prospective suppliers may also visit the Provincial Treasury Database office situated at Treasury House, Ground Floor, 145 Chief Albert Luthuli Road, Pietermaritzburg from 08h00 to 15h00, Mondays to Fridays, for any assistance with on-line registration on CSD. For further information or enquiries, please contact 033 – 897 4516 / 033 – 897 4212 / 033 – 897 4624 / 033 – 897 4535 / 033 – 897 4676 / 033 – 897 4509 or Toll-Free at 0800 201 049 during office hours or via e-mail at database@kzntreasury.gov.za. With effect from 01 July 2016, the Msunduzi Municipality will not award any tender to a supplier not registered as a prospective supplier on the CSD. Negotiations for the tender award will only be concluded with the qualify Service Provider(s) who is/are registered on the CSD on or after 01 April 2016. In order for Council to verify your Company’s registration with CSD, Service Providers are required to furnish the following information for verification purposes: CSD Supplier Number Unique Registration Reference Number 6. TAX CLEARANCE CERTIFICATE REQUIREMENTS It is a condition of tender that the taxes of the successful Service Provider must be in order, or that satisfactory arrangements have been made with the South African Revenue Service (SARS) to meet the Service Provider’s tax obligations. Service Providers shall be required to submit, together with the tender document, a valid Tax Clearance Certificate and a Tax Compliance Status Verification Pin issued by SARS. Failure to submit a valid Tax Clearance Certificate and a Tax Compliance Status Verification Pin, the Council reserves the right to verify the same on National Treasury’s Central Supplier’s Database. 7 Should the the Tax status becames none compliant prior to the final award of the contract being made, the Council reserves the right to request the Service Provider to rectify their tax matter. In this instance, the Service Provider shall be given seven (7) working days written notice in which to comply. Should the Service Provider fail to comply with this request, the Council further reserves the right to make no award to the Service Provider and the Council shall not be held liable for any loss or damages sustained by the Service Provider. 7. RATES The prices, rates or percentages quoted in the proposal shall be deemed to include all costs, including but not limited to materials, plant, labour, patent rights and royalties, freight, insurance, customs, railage, delivery, etc, unless the Service Provider states otherwise in the proposal. • • • • 8. "Price" means an amount of money tendered for goods or services and includes all applicable taxes less unconditional discounts. Section 64(1) of the VAT Act states: Any price charged by a vendor for a taxable supply is deemed to include VAT, whether or not explicitly stated. Thus, even if bidder B’s invoice does not explicitly include VAT, the price is considered VAT Inclusive. NB: when submitting this tender Bidders are advised that regardless of the VAT status of being a VAT or non VAT vendor the price must include VAT Further to the above the price shall be deemed to be VAT inclusive regardless whether the bidder is the VAT Vendor or not. INCOMPLETE TENDERING Tenders may be rejected if they show any additional, conditional or incomplete offers or irregularities of any kind in either the Tender Form or the Pricing Schedule. Partial awards may be made where this is perceived by the : Supply Chain Management or the Bid Evaluation committee. Council reserves the right to take into account the principle of the distribution of works in order to empower SMME’s and or Local suppliers. Should there be any difference or discrepancy between the prices and particulars contained in the Tender Form and those contained in any covering letter or pricing schedule submitted by the Service Provider, the prices and particulars contained in the Tender Form shall prevail. 9. ACCEPTANCE OF ANY TENDER 9.1 The Council does not bind itself to accept the lowest or any tender and reserves the right to accept the whole or any part of a tender. 9.2 The procedure/s which shall be followed with the acceptance of a tender are as follows: 9.2.1 Where in the tender document, Service Providers are required to submit Works Insurance, Sureties, Public Liability Insurance or any other provisional criteria, a letter of Provisional Acceptance will be sent to the successful Service Provider/s stipulating which amount or rate/s have been accepted and the requirements for the final award. 9.2.2 In this instance, the Service Provider/s shall be required to satisfy the requirements of the Provisional Letter of Acceptance within fourteen (14) days from date of issue of the Provisional Letter of Acceptance. 9.2.3 Should the Service Provider/s, fails to comply with the requirements of such provisional acceptance within the period specified in same or any variation thereto, and the Council elects not to confirm the provisional acceptance of the tender on that ground, the Council may refuse to receive or consider for such period as it may think fit, any further tenders 8 from that/those Service Provider(s). 9.2.4 Once the requirements of the Provisional Letter of Acceptance have been satisfied, a Final Letter of Acceptance will be sent by the : Supply Chain Management to the successful Service Provider/s 9.2.5 Prior to the undertaking of any works, the successful Service Provider/s shall be required to enter into a Service Level Agreement (SLA) with the Council to address any post award qualification requirements as per the tender document. 9.2.6 Once the SLA has been concluded, the Tender, Provisional Letter of Acceptance, the Final Letter of Acceptance and the SLA, shall constitute a binding agreement between the Service Provider/s and the Council. 9.2.7 Should the Service Provider/s fail to enter into a contract when called upon to do so, then the Council may refuse to receive or consider for such period as it may think fit, any further tenders from that/those Service Provider/s. 9.3 Where no Insurances, Sureties or any other provisional criteria are required, a Final Letter of Acceptance stipulating which rate/s has been accepted will be sent by the : Supply Chain Management to the successful Service Provider/s notifying the Service Provider/s of Council’s intent to make an award of the contract. 9.4 Prior to the undertaking of any works, the successful Service Provider/s shall be required to enter into a Service Level Agreement (SLA) with the Council to address any post award qualification requirements as per the tender document. 9.5 Once the SLA has been concluded, the Tender, the Final Letter of Acceptance and the SLA, shall constitute a binding agreement between the Service Provider/s and the Council. 9.6 Should the Service Provider/s fail to enter into a contract when called upon to do so, then the Council may refuse to receive or consider for such period as it may think fit, any further tenders from that/those Service Provider/s. Unless otherwise stipulated in the covering letter submitted with the tender, the Service Provider shall have waived, renounced and abandoned any conditions printed or written upon any stationery used for the purpose of, or in connection with, the submission of the tender which are in conflict with the Council's Conditions of Tender and the Standard Conditions of Contract. The Service Provider is warned that any material divergence from the official conditions or specification may render the tender liable to disqualification. 10. DOMICILIUM CITANDI ET EXECUTANDI For the purpose of the service of all documents and the giving of notice as may be required in terms of this contract, or as a result of any action arising in conjunction with it, the Council chooses City Hall, 169 Chief Albert Luthuli Street (formerly Commercial Road), Pietermaritzburg as its domicilium citandi et executandi. The Service Provider’s domicilium citandi et executandi shall be whatever street address is given in the Tender Form attached hereto. Either party may, at any time, give one (1) month notice, in writing, of a change of its domicilium citandi et executandi provided that such address shall be within the Republic of South Africa. 9 11. DATA SHEETS Service Providers should complete, in full, all the Data Sheets attached to this document. These include, but are not limited to, the following: • Declaration of Interest (MBD 4) • Authority to Sign Document • Pricing Schedule (MBD 3.1 / 3.2 / 3.3 as applicable) • Declaration of Bidder’s Past Supply Chain Management Practices (MBD 8) • Certificate of Independent Bid Determination (MBD 9) • Any other applicable Data Sheets or forms contained within the tender documentation. Where Data Sheets and/or any other documentation are required to be commissioned, such documents must be duly stamped and signed by a Commissioner of Oaths, where applicable. Failure to complete and submit the required documentation in its entirety may result in the disqualification of the bid and render the offer non-responsive. Completion of Tender Form It is a compulsory requirement that the Tender Form be fully completed and signed by an authorised representative of the bidder. Failure to comply with this provision will render the bid unresponsive (invalid) and such bids will not be considered for adjudication. 12. PROHIBITION ON AWARDS TO PERSONS IN THE SERVICE OF THE STATE The Supply Chain Management Municipal Regulations red in conjunction with Msunduzi Supply Chain Management policy states that the Council may not make any award to a person: (a) (b) (c) 13. Who is in the service of the state; If that person is not a natural person, of which and director, manager, principal shareholder or stakeholder is a person in the service of the state; or Who is an advisor or consultant contracted with the municipality or municipal entity. MUNICIPAL FEES All Service Providers are to sign the Declaration herein declaring that their Municipal Fees are in order, or that proper arrangements have been made with the Council. Service Providers must include the relevant account numbers in the declaration. 14. APPEALS AND/OR OBJECTIONS Any Service Provider aggrieved by decisions or actions taken by the Municipality must lodge within fourteen (14) calendar days of the date of the decision or action, a written objection or complaint to the Municipal Manager / r: Supply Chain Management. The appeal must be submitted in writing with the grounds of appeal within the stipulated 14 days.No appeal/objection will be entertained should the afore-mentioned condition not be adhered to, and the Municipality shall not be held liable for any loss or damages sustained by the Service Provider due to the Service Provider’s failure to adhere to the above condition. 15. PREFERENCE POINTS CLAIMED IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2022 Service Providers claiming preference points shall be required to complete Annexure “C” hereto in its entirety and to fully comply with the General Conditions, Definitions and Directives stated therein. 10 In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, 2022, Preference points must be awarded for specific goals stated in the tender. Service Providers are required to submit proof or documentation required in terms of this tender to claim points for specific goals. Failure to do so shall result in no preference points being awarded to the Service Provider and the Council shall not be held liable for any loss or damages in this regard. 16. JOINT VENTURE AGREEMENTS AND CONSORTIUMS Service Providers intending to tender in the form of Joint Ventures/Consortiums should submit the following documentation together with the tender: (1) Tax Compliance Status Verification Pins issued by SARS of all parties of the Joint Venture/Consortium. (2) CSD Reports of all parties of the Joint Venture/Consortium. (3) Signed copies of: (a) (b) (c) (4) The Declaration of Interest Form, The Declaration of Bidder’s Past Supply Chain Management Practices Form, and The Certificate of Independent Bid Determination Form. An undertaking duly signed by all parties of the Joint Venture/Consortium indicating their intention to enter into an agreement for the purposes of this contract. Further to the above, the name of the Joint Venture/Consortium should appear on the relevant pages of the document. 17. ADJUDICATION CRITERIA The tender shall be evaluated on a Two Stage Evaluation System – Stage One: Functionality and Stage Two: 80/20 Point System in accordance with the Msunduzi Municipality’s Supply Chain Management Policy (incorporating Preferential Procurement) as prescribed in terms of the Preferential Procurement Regulations 2022, pertaining to the Preferential Procurement Policy Framework Act, Act No. 5 of 2000, including Chapter 4 of the Public Procurement Act, Act No. 28 of 2024. 18 COMBATIVE TENDERING The Supply Chain Management Regulations states that Combative tendering practices are unethical and illegal. These include but are not limited to: (i) (ii) (iii) (iv) (v) Suggestions to fictitious lower quotations, Reference to non-existent competition, Exploiting errors in tenders, Soliciting tenders from Service Providers whose names appear on the list of restricted Service Providers/suppliers/persons, and Submission of two tenders by a Service Provider. Any attempt by a Service Provider to contravene this condition which is brought to the notice of the Municipal Manager or the Head: Supply Chain Management shall result in the disqualification of the tender. The Council further reserves the right to take any other action as it may deem necessary. 11 19. ALTERATIONS BY TENDERER If a tenderer wishes to submit alternative proposals for consideration or wishes to change the Conditions of Contract, Specifications, Quantities or Drawings, or to qualify the tender in any way, such changes and/or proposals are to be listed in Annexure “A” hereto, failing which the tender will be deemed to be unqualified. It must be clearly understood that the Council will be under no obligation to accept any such qualification. 12 THE MSUNDUZI MUNICIPALITY LEGISLATION 1.0 GENERAL 1.1 Contractors will be deemed by virtue of submitting a tender to have undertaken to be aware of and comply fully for all purposes under this contract with all current legislation and related regulations. The following Acts, as amended from time to time, are listed for the attention of the Contractor, without prejudice and without in any way relieving the Contractor of the obligation to continuously comply with all the laws of South Africa for the entire duration of this contract, the cost of so doing being expressly included in the contract sum. It is the sole duty of the Contractor to ensure that it acquaints itself and complies with all applicable legislation. The Council shall not be liable in any way whatsoever for any errors or omissions in the legislation listed herein. 2.0 THE OCCUPATIONAL, HEALTH AND SAFETY ACT (ACT 85 OF 1993) (OHS ACT) 2.1 The OHS Act covers inter alia "any work in connection with – a) b) c) d) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of an addition to a building; the installation, erection or dismantling of machinery; the construction, maintenance, demolition or dismantling of any bridge, dam, canal, railway, street, runway, sewer or water reticulation system or work on any similar project; the moving of earth, clearing of land or making of an excavation or work on any similar project." (General Administrative Regulations Clause 1). It is recorded that the subject of this contract falls within the scope of the foregoing work definition, and that the Employer in terms of this contract is the Mandator and that the Contractor is the Mandatory in terms of the OHS Act. 2.2 The OHS Act covers inter alia "any work in connection with a) b) c) d) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of an addition to a building; the installation, erection or dismantling of machinery; the construction, maintenance, demolition or dismantling of any bridge, dam, canal, railway, street, runway, sewer or water reticulation system or work on any similar project; and the moving of earth, clearing of land or making of an excavation or work on any similar project." (General Administrative Regulations Clause 1). It is recorded that the subject of this contract falls within the scope of the foregoing work definition, and that the Employer in terms of this contract is the Mandator and that the Contractor is the Mandatory in terms of the OHS Act. 2.3 The arrangements and procedures to ensure compliance by the Mandatory with the provisions of the OHS Act referred to in the Agreement, in Annexure “B”, between the Employer and the Contractor in this contract are: 2.3.1 The Mandatory shall keep a record of all incidents in terms of Clause 10 (1) of the General Administration Regulations (GAR). 2.3.2 The Mandatory shall cause every incident to be investigated in terms of Clause 10 (2) of the GAR. 13 2.3.3 The Mandatory shall cause all such records to be examined by a Safety Committee in terms of Clause 10 (3) of the GAR. 2.3.4 The Mandatory shall on demand furnish the divisional inspector with such returns as may be required in terms of Clause 14 of the GAR. 2.3.5 The Mandatory shall charge a full-time employee designated in writing by the Mandatory with the duty of supervising the performance of the work (or the Mandatory may personally undertake this duty) in terms of Clause 11 of the General Safety Regulations. 2.3.6 The Mandatory shall, before commencing or carrying out the work, inform the divisional inspector in writing of: a) b) c) d) the address of the premises on which such work will be carried out; the nature of such work; the date on which it is expected that such work will be commenced; and the date on which it is expected that such work will be completed. all in terms of Clause 15c of the GAR 2.3.7 The Mandatory shall comply with all other aspects of the OHS Act relative to the nature of the works and shall scrupulously observe and execute any instruction given by an official inspector with reference thereto. 3.0 THE COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT (ACT 130 of 1993) (COID ACT) 3.1 3.2 3.3 Contractors are required to register as employers in terms of the COID Act. Contractors must pay the assessments due in terms of the COID Act relative to their employee records including all sub-contractors and community based labour. In this specific contract the Contractor further acknowledges that the Employer shall have the right, without prejudice, to deduct any shortfall in compensation due to any employee of the Contractor (or sub-contractor) from monies due or which may become due to the Contractor, and so effect settlement of the matter. 4.0 THE LABOUR RELATIONS ACT (ACT 66 of 1995) (LR ACT) 4.1 Contractors are required to register as employers in terms of the LR Act. 4.2 Contractors are required to pay all employee and employer contributions to the Unemployment Benefits Fund, other than in respect of casual employees defined as persons who work for less than eight hours in any one week, or in respect of persons who by virtue of lawful reasons are exempt therefrom. 5.0 THE BASIC CONDITIONS OF EMPLOYMENT ACT (ACT 3 of 1983) (BCE ACT) 5.1 Contractors in their capacity as employers are required to comply with the provisions of the BCE Act with special reference to their employees' terms and conditions of employment. 6.0 THE INCOME TAX ACT (ACT 58 of 1962) 6.1 Contractors in their capacity both as business enterprises and employers are obliged to register and comply with the requirements of the Receiver of Revenue. 14 7.0 THE VALUE ADDED TAX ACT (ACT 89 of 1991) 7.1 Contractors in their capacity as business enterprises are required, if their annual turnover exceeds or is expected to exceed R150 000 by the end of February each year, to register as VAT vendors with the Receiver of Revenue for the purpose of paying, recovering, charging and returning VAT to the State via the Receiver of Revenue. 7.2 It is recorded that the Employer in this contract is registered as a VAT vendor. 8.0 THE ENGINEERING PROFESSION ACT OF SOUTH AFRICA (ACT 114 of 1990) 8.1 Where work undertaken in connection with this contract falls within the meaning of "kinds of work reserved for professional engineers" as fully set out in the Engineering Profession Act of South Africa 1990, or any amendments thereof, only persons registered in terms of the above Act, may assume full responsibility, according to competency under the Act, for the respective sections and phases of such work, as described in the Act, particularly in regard to design, supervision of construction and installation, and commission where applicable. 8.2 The Service Provider shall submit a certificate with the tender certifying compliance with all these requirements in connection with the preparation and submission of the tender and shall give an undertaking to comply in full during the contract period. Where applicable the Service Provider shall submit at the time of tendering the name(s), qualifications and address(es) of the Professional Engineer(s) responsible for the various disciplines and portions of the work comprising this contract. 9.0 GENERAL CONDITIONS OF THE CONTRACT The General Conditions of Contract will form part of this bid documents and may not be amended. Attached as Annexure A 10.0 NON-COMPLIANCE 10.1 The Employer in this contract will not under any circumstances be, or become party to, any act or omission by the Contractor and/or the Contractor's Sub-contractors and/or employees, which contravenes South African law. 10.2 Notwithstanding anything to the contrary in this tender document, and in addition to any other remedies the Council may have, if at any time during this contract, the Council discovers any contravention of the laws expressly mentioned herein or any other applicable law, then the Council shall have the right to cancel this contract forthwith. In such event, the Council shall not be liable for any loss or damages caused by such cancellation. 15 THE MSUNDUZI MUNICIPALITY DEFINITIONS The following definitions apply: "Council" means The Msunduzi Municipality. "Director: Supply Chain Management” means the Head: Supply Chain Management of the day of the Msunduzi Municipality or the Manager’s duly appointed Representative. "Service Provider/Contractor" means the person, firm, Service Provider or company whose tender has been accepted by the Msunduzi Municipality and includes the Service Provider's heirs, executors, administrators, trustees, judicial managers or liquidators, as the case may be, but not, except with the written consent of the Council, any assignee of the Service Provider. "Special Conditions" means any addition to or departure from or amendment of these Standard Conditions as set out in Annexure “A” hereof. "Drawings" means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer and such other drawings as may from time to time be furnished or approved in writing by the Engineer. "Contract Document" means the Conditions of Tender, Scope of Contract, Terms of Reference, these Definitions, Special Conditions (if any), Equipment Specifications, Rates, Percentages and Prices, Tender Form and Annexures thereto. Any amendments to the contract document agreed to by the Council and the Service Provider, Provisional Letter of Acceptance and the final Letter of Final Acceptance. "Goods" means the equipment, plant, vehicles, service or materials to be supplied in accordance with the Contract. “The Tender” means the written offer made by the Service Provider to the Council. “Preferential Procurement Policy” means the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000). “SARS” means the South African Revenue Services. 16 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. SPECIFICATIONS 1.0 SCOPE OF WORKS 1.1 This contract calls for repairs, maintenance, painting, modification, refurbishment, new installation and associated plants at the Msunduzi Market. 2.0 DETAILED SPECIFICATION The Mechanical & Refrigeration Contract for Msunduzi Market comprises of the following issues: 2.1 Monthly, Quarterly, 6 monthly and annual services to mechanical and refrigeration plants. 2.2 Painting, refurbishment, new installation and modification as and when required. 2.3 Day to day ad hoc repairs, maintenance and emergency callouts. 2.4 Maintenance schedules attached. (see Annexure “A”) 2.5 Callouts must be attended within 30 minutes and the work must be completed after the callout. 3.0 PROJECT CHAMPION 4.0 Name: Ntuthuko Phungula E-Mail ntuthuko.phungula@msunduzi.gov.za Contact No.: 033 392 2170 CONTRACT PERIOD This Mechanical Maintenance contract period should run for 3 years from the date of appointment. 5.0 PLACE OF DELIVERY The goods are to be delivered in the Msunduzi Market, Mkonden Pietermaritzburg. 6.0 SITE MEETINGS/TENDER BRIEFING N/A 17 7.0 INSURANCES REQUIRED 7.1 7.2 7.3 Works insurance R200 000.00 Public liability insurance R5 000 000.00 Insurance to be kept in force for the duration of the project. 8.0 RETENTION AND SURETIES 8.1 A retention of 5% to be held for a period of 12 months for any special projects undertaken under or during this contract. A surety of 10% to be held for the duration of new installation, refurbishment, and/or modification of special projects under this contract. 8.2 9.0 MARK UP 9.1 9.2 A markup fee of 10% will be allowed for purchase of spare materials excluding VAT. Quotation for spare parts must be approved by the Municipal Representative prior to the requisition of such. Three quotes must be obtained and submitted to the Municipal Representative for approval in writing e.g. on a letter format, email, etc. This clause must be read with clause 24.0 on Payments. 10.0 PENALTIES A penalty of R500 per calendar day to be levied for failing to meet the implementation plan timeframes stipulated for any special projects undertaken under or during this contract. 11.0 COMPLIANCE WITH ANY LEGISLATION, BYLAWS, ETC. Compliance with the following legislations is required:- 11.1 Construction Industry Development Board (CIDB) Regulations Act 11.2 Occupational Health and Safety Act (Act No. 85 of 1993) 11.3 The Labour Relations Act (Act 66 of 1995) 11.4 The Income Tax Act(Act 58 of 1962) 11.5 The value added Tax Act(Act 89 of 1991) 11.6 Supply Chain Management Regulations 11.7 The compensation of occupational injuries and diseases Act(Act 130 of 1993) 12.0 GUARANTEE/WARRANTY/DEFECTS LIABILITY PERIOD A one (1) year guarantee for any works carried out under this contract. 13.0 DRAWINGS 13.1 13.2 Full specifications are to be provided for any new modifications conducted during this contract. No payment will be processed if the above requirement is not met. 14.0 INSPECTION OF CONTRACTOR’S PREMESIS N/A 15.0 MAINTENANCE INTERVALS 18 The equipment will have to be serviced and maintained weekly, quarterly and annual intervals.. 16.0 ESCALATION The price to be escalated using the CPIX after each year. 17.0 MATERIALS All materials and components supplied must comply with SANS and SABS specifications. 18.0 MANDATORY REQUIREMENTS 18.2 Contract Manager must submit a certified trade test certificate in industrial or commercial refrigeration with a SAQCC licence card as service technicians and/or authorized person/s. 19.0 EVALUATION CRITERIA The qualification criteria to be used will be functionality, specific goals Economic empowerment and qualifying tenders will be further evaluated using the 80/20 point system and registration in good standing with CIDB of 1ME or higher. 19.1 STAGE ONE: FUNCTIONALITY 19.1.1 Number of successfully completed projects/contracts related to installation/refurbishment/modification and or maintenance of mechanical and refrigeration plants successfully completed: • 1 – 5 projects • 6 or more • =10 points = 20 points (A list of relevant projects to the above with proof of completion in the form of a copy of a completion certificate/a copy of a confirmation letter signed by the employer that work was done successfully must be submitted with the tender document to claim points.) 19.1.2 Total number of years post Trade test that the Contract Manager have in terms of experience on mechanical and refrigeration plants:- Detailed Curriculum Vitae. • • 1 – 5 years 6 or years = 10 points = 20 points (Detailed curriculum vitae with project names and duration - dates in months and years (projects within the same time frame will be taken as one project) 19.1.3 Total number of Artisans with qualifications Mechanical (Industrial or Commercial Refrigeration) One artisan Two or more artisans = 05 points = 10 points (Certified copy of a trade test certificates must be submitted with the tender to claim points. Failure to meet this requirement will result in no points awarded.) 19 Total Points = 50 points Threshold = 70% = 35 points to progress to stage two evaluation 19.2 Stage two: Price & Specific goals • Price Specific goals = 80 points = 20 points Specific goals Description Max Points Locality Within Msunduzi Municipality At least 51% black 10 Verification method Municipal bill 5 CSD At Least 20% owned by woman 5 CSD Race Gender The Tenderer is to submit a full copy of the Service Provider’s CSD report to claim the abovedescribed Specific Goals Preference Points NB: The municipality reserve the right to verify supporting documents submitted by the bidder. 20.0 RATES AND TARIFFS 20.1 Preventive Maintenance / Servicing. All rates tendered shall be inclusive of all contractors’ labour, supervision, administration, profit, travel, consumable and sundries. A fixed rate shall be tendered per service. Ad hoc repairs and emergency callouts. A fixed rate shall apply for artisan and artisan aid and markup procedure to apply- refer to item 19.1 specified herein the report. The Service Provider may be required to undertake new installation/refurbishment and/or modification of related mechanical items as they must be directed as such by the official Municipal Representative from time to time, as it is required. 20.2 20.3 21.0 PAYMENTS 21.1 For payment the contractor/service provider shall be required to bring proof of invoice for spares/items purchased to support the markup claim for materials which must match the approved quotation. This clause must be read with clause 9.0 on markup. Should the Supplier for the quote approved fail to supply invoice for the Service Provider, the Service Provider in writing request for re-consideration of quotation with proof from the approved Supplier that he/she cannot supply or within the requested time the material or items required after the quotation were approved for Audit trail. (This procedure is crucial; failing to do so will lead to payments being affected.) The service provider/contractor shall claim markup of materials/services on price of materials exclusive of VAT from invoice(s) of the Supplier(s) as per 24.1 above. 21.2 21.3 20 MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. PRICE SCHEDULE Table 1: Schedule of Prices UNIT RATE (pe interval) ITEM DESCRIPTION NO.OF UNITS INTERVALS 1. Monthly – Maintenance Program Quarterly – Maintenance Program 6 monthly – Maintenance Program Yearly – Maintenance Program 49 36 R 49 12 R 49 6 R 49 3 R 2. 3. 4. TOTAL AMOUNT AMOUNT EXCLUDING VAT R TOTAL R VAT @15% TOTAL AMOUNT INCLUDING VAT R Table 2: Schedule of Rates ITEM 1. 2. DESCRIPTION UNIT Artisan Hour Artisan Aid Hour AMOUNT EXCL. VAT AMOUNT EXCL. VAT (EMERGENCY) 3. Semi-skilled Hour Emergency rates only apply on weekends, holiday or after 17:00 working hours Name of Service Provider…………………………………………………………………………………. Name of Signatory:………………………………………………………………………………………..… Capacity of Signatory:……………………………………………………………………….……………… Signature ………………………………………………. Date ………….………………………………. E-mail Address…………………………………………………………………………………………… 21 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. DATA SHEET 1: INVITATION TO BID DOCUMENT PART A YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE MSUNDUZI MUNICIPALITY BID NUMBER: SS CONTRACT No. 56 OF 2025 DESCRIPTION APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. CLOSING DATE: 13 November 2025 CLOSING TIME: THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX AT: Msunduzi Municipality’s Central Stores 2 Abattoir Road (off Kershaw Street), PIETERMARITZBURG 3201 SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER TAX COMPLIANCE STATUS TCS PIN: CSD REGISTRATION No: MAAA OR 22 CSD No: 12H00 ARE YOU A FOREIGN BASED ARE YOU THE ACCREDITED SUPPLIER FOR THE REPRESENTATIVE IN SOUTH GOODS / SERVICES AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED? Yes No Yes / WORKS OFFERED? [IF YES ENCLOSE PROOF] [IF YES, ANSWER PART B:3] TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE SIGNATURE OF BIDDER R DATE CAPACITY UNDER WHICH THIS BID IS SIGNED BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO: DEPARTMENT SCM UNIT CONTACT PERSON/S Ntuthuko Phungula CONTACT PERSON Phiwe Mthalane TELEPHONE NUMBER 033 392 2170 TELEPHONE NUMBER 033 – 392 2486 FACSIMILE NUMBER N/A FACSIMILE NUMBER N.A E-MAIL ADDRESS SEE BELOW E-MAIL ADDRESS Phiwe.mthalane@msunduzi.gov.za ntuthuko.phungula@msunduzi.gov.za 23 No PART B 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 SUBMITTED 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 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 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: ………………………………………… 24 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. DATA SHEET 2: AUTHORITY TO SIGN DOCUMENT I/We*, the undersigned, am/are* duly authorised to sign the tender document on behalf of .................................................................................................................................................... by virtue of the Articles of Association/Resolution of the Board of Directors*, of which a certified copy is attached, or .................................................................................................................... Full Name of Signatory: ............................................................................................................. Capacity of Signatory: ................................................................................................................ Signature: ................................................................................................................................. Date: ......................................................................................................................................... Witnesses:(1) Full Name: .................................................................................................................. Signature: ..................................................................Date......................................... (2) Full Name: ................................................................................................................. Signature: ..................................................................Date........................................ * Delete whichever is inapplicable or complete as indicated if none are applicable. 25 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. DATA SHEET 3: DECLARATION OF MUNICIPAL FEES I/We do hereby declare that the Municipal Fees of (Full Name of Tenderer) ____________________________________________________________________________ ____________________________________________________________________________ Is/are, as at the date of the tender closing, fully paid up, or arrangements have been concluded with the Municipality to pay the said Fees:DESCRIPTION ACCOUNT No. Electricity ___________________________________________ Water ___________________________________________ Rates ___________________________________________ (Attach a copy of the current Utility Bill) I/We acknowledge that should it be found that the Municipal Fees are not up to date, the Council may take such remedial action as it required, including termination of contract, and any income due to the Contractor shall be utilised to offset any monies due to the Council. NB: If the Contractor is leasing the premises, a copy of the Lease Agreement must be submitted for adjudication purposes. Full Name of Signatory....................................................................................................................... Capacity of Signatory.......................................................................................................................... I.D. Number......................................................................................................................................... Duly authorised to sign on behalf of................................................................................................... …………………………………………………………………………………………………………….. Physical Address............................................................................................................................... …......................................................................................................................................................... …………………………………………………………………………………………………………........... Signature …………………………………………………… Date …………………………………… 26 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. DATA SHEET 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. 3.1 Full Name of bidder or his or her representative: …………………………………… 3.2 Identity Number: ………………………………………………………………………… 3.3 Position occupied in the Company (director, trustee shareholder²): ………………………………………………………. 3.4 Company Registration Number: ……………………………………………………… 3.5 Tax Reference Number: ………………………………………………………………. 3.6 VAT Registration Number: ……………………………………………………………. 3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below. 3.8 Are you presently in the service of the state? 3.8.1 If yes, furnish particulars. …………………………………………………….......….. YES / NO ……………………………………………………………………………………………. ¹MSCM Regulations: “in the service of the state” means to be – (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces; (b) a member of the board of directors of any municipal entity; (c) an official 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 27 (f) an employee of Parliament or a provincial legislature. ‘’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. 3.9 Have you been in the service of the state for the past twelve months? YES / NO 3.9.1 If yes, furnish particulars ……………...…………………………………………. ……………………………………………………………………………………………… 3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.10.1If yes, furnish particulars ……………...………………………………………… ……………………………………………………………………………….................... 3.11 Are you, aware of any relationship (family, friend, other) between any other bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.11.1 If yes, furnish particulars ……………...………………………………...……... …………………………………………………………………………………….............. 3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.12.1 If yes, furnish particulars ……………...………………………………...…….. ……………………………………………………………………………………............. 3.13 Are any spouse, child or parent of the company’s directors trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO 3.13.1 If yes, furnish particulars ……………...………………………………...…….. ……………………………………………………………………………………............. 3.14 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract? YES / NO 3.14.1 If yes, furnish particulars: ………………………………………………………………………………………………. ………………………………………………………………………………………………. 28 4. Full details of Directors / Trustees / Members / Shareholders. Full Name Identity Number State Employee Number CERTIFICATION I, THE UNDERSIGNED, (NAME) ……………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. …………………………………….. Signature …………………………………….. Date ………………………................... Position ……………………………………. Name of Bidder 29 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. DATA SHEET 5: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3 The bid of any bidder may be rejected if that bidder, or any of its directors have: a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004). 4 Item 4.1 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Question Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? Yes Yes No No Yes No (Companies or persons who are listed on this Database were informed in writing of this restriction by the 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 in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page. 30 4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years? If so, furnish particulars: Yes No 4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? Yes No 4.4.1 If so, furnish particulars: 4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? If so, furnish particulars: Yes No 4.3.1 4.7.1 CERTIFICATION I, THE UNDERSIGNED, (NAME) ……………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. …………………………………….. Signature …………………………………….. Date ………………………................... Position ……………………………………. Name of Bidder 31 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. DATA SHEET 6: CERTIFICATE OF INDEPENDENT BID DETERMINATION 1. This Municipal Bidding Document (MBD) must form part of all bids¹ invited. 2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a per se prohibited meaning that it cannot be justified under any grounds. 3. Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract. 4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. 32 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: _____________________________________________________________________ ___________________________________________________________________ (Bid Number and Description) 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: __________________________________________________ that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 33 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. ………………………………………………… Signature ………………………………… Date …………………………………………………. Position ………………………………… Name of Bidder 34 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. DATA SHEET 7: 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: * Delete if not applicable 1. Are you by law 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 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 Tenderers in respect of which payment is overdue for more than 30 days? *YES / NO 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 Tenderers 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 the execution of such contract? *YES / NO 3.1 If yes, furnish particulars …………………………….……………………………………………………………………………… …………………………………………………………………………………………………… 35 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 / municipal entity is expected to be transferred out of the Republic? *YES / NO 4.1 If yes, furnish particulars ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. CERTIFICATION I, THE UNDERSIGNED, (NAME) ……………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. …………………………………….. Signature …………………………………….. Date ………………………................... Position ……………………………………. Name of Bidder 36 THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. TENDER FORM The Municipal Manager City Hall PIETERMARITZBURG 3201 Dear Madam, Having examined the Specifications, Conditions of Contract, Tender and Legislation of the above contract, I/we offer to supply and deliver the whole of the said Works in conformity with the Specifications, Conditions of Contract, Tender and Legislation, save as amended by the modifications set out in Annexure ‘A’ attached hereto, for the rates as set out in the price schedule for the period commencing from date of award. R___________________________ In Words______________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ In the event of there being any errors of extension or addition in the Pricing Schedule, I/we agree to their being corrected, the Unit Prices being taken as correct. I/We undertake to complete and deliver the whole of the Works comprised in the Contract within the timeframes stated. I/We confirm that I am/we are fully acquainted with the current South African laws and regulations applicable to this contract including inter alia those laws to which my/our attention has been drawn in the Legislation Section of this document. I/We are affiliated to __________________________________________________________ _ My/Our VAT vendor registration number is _________________________________________ I/We bank at the ______________________________________________________________ Branch of ___________________________________________________________________ Where I/we have a ___ account. My/Our Tender Deposit receipt number as issued by the Council is _________________________ (Include a copy of the Tender Deposit Receipt if purchased at the Msunduzi Municipality) It is agreed and understood that should there be any changes on the banking details provided for the entity, a duly signed resolution by all its directors and minutes whereby a resolution for changing the banking details was passed will be submitted to Council including the original letter from the bank 37 confirming the details. It is agreed and understood that this tender is valid for four (4) months commencing from the closing date of the tender and that it, together with your final letter of acceptance, shall constitute a binding Contract between us. I/We understand that the Council is not bound to accept the lowest or any tender and reserves the right to accept the whole or any part of a tender received. I/We understand that the Council is not bound to accept the lowest or any tender and acknowledge that the Head: Supply Chain Management may, if in her absolute discretion good and sufficient grounds are brought to her attention in writing within five (5) working days from the date hereof, decline to consider my/our offer. I/We, the undersigned, warrants that I am/We are duly authorised to do so on behalf of the enterprise, certifies that the enterprise complies with all statutory and municipal requirements and that the information supplied in terms of this documents with additional information is correct and accurate and acknowledges that if the information supplied is found to be incorrect then the Msunduzi Municipality in addition to any remedies, it may have: may:i Recover from the Enterprise all costs, losses or damages incurred or sustained by the Municipality as result of the award of the contract, and /or ii Cancel the contract and claim any damages which the Municipality may suffer by having to make less favourable arrangements after such cancellations, and/or iii Impose a penalty on the Enterprise as provided in the Tender Document, and/or iv Take any other action as may be deemed necessary. I/we further undertake to submit documentary proof regarding any tendering issue to the Council when so required. Full Name of Signatory.................................................................................................................. Capacity of Signatory.................................................................................................................... I.D. Number................................................................................................................................... Duly Authorised to sign on behalf of............................................................................................. Physical Address.......................................................................................................................... ...................................................................................................................................................... SIGNATURE.....................................................................DATE................................................... 38 ANNEXURE “A” THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. ALTERATIONS BY TENDERER Should the Tenderer desire to make any departures from or modifications to the Standard Conditions of Contract or Specification, or to qualify his/her tender in any way, he/she shall set out his/her proposals clearly hereunder or, alternatively, state them in a covering letter attached to his/her tender and referred to hereunder, failing which the tender will be deemed to be unqualified. If no departures or modifications are desired, the Schedule hereunder is to be marked NIL and signed by the Tenderer. PAGE SECTION OR ITEM PROPOSED DEPARTURE/MODIFICATION SIGNATURE........................................................................ DATE.............................................. 39 ANNEXURE “B” THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2022 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for specific goals. NB: BEFORE COMPLETING THIS FORM, BIDDERS 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 all bids: 1.2 1.3 - 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). The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 Preference Point System shall be applicable. Points for this bid shall be awarded for: (a) Price; and (b) Specific Goals. The maximum points for this bid are allocated as follows: POINTS PRICE 80 SPECIFIC GOALS 20 TOTAL POINTS FOR PRICE AND SPECIFIC GOALS MUST NOT EXCEED 100 1.4 Failure on the part of a bidder to submit proof or documentation required in terms of this tender to claim points for specific goals, if the bidder did not submit proof or documentation required to claim for specific goals will be interpreted to mean that preference points for specific goals are not claimed. 1.5 The organ of state reserves the right to require of a Service Provider, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the organ of state. 40 2. DEFINITIONS (a) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (b) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (c) “Functionality” means the ability of a Service Provider to provide goods or services in accordance with specifications as set out in the tender documents. (d) “highest acceptable tender” means a tender that complies with all specifications and conditions of tender and that has the highest price compared to other tenders; (e) “lowest acceptable tender” means a tender that complies with all specifications and conditions of tender and that has lowest price compared to other tenders; (f) “price” means amount of money tendered for good or services, and includes all applicable taxes less all unconditional discounts; (g) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (h) “Rand Value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation; (i) “specific goals” means specific goals as contemplated in section 2(1)(d) of the Act which may include contracting with persons, or categories of persons, historically disadvantaged by unfair discrimination on the basis of race, gender and disability including the implementation of programmes of the Reconstruction and Development Programme as published in Government Gazette No. 16085 dated 23 November 1994; (j) “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; (k) “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; 41 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  Pt − P min  Ps = 801 −  P min   or 90/10  Pt − P min  Ps = 901 −  P min   or Where: Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmin = Price of lowest acceptable bid 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  Pt − P max  Ps = 801 +  P max   or 90/10  Pt − P max  Ps = 901 +  P max   or Where: Ps = Points scored for price of bid under consideration Pt = Price of bid under consideration Pmax = Price of highest acceptable tender 4. POINTS AWARDED FOR SPECIFIC GOALS 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. 4.2 For the purpose of this tender points will be allocated in accordance with the specific goals as outlined in the Tender Document specification contained herein and must be supported by proof /documentation as stated therein. 4.3 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 42 (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. 5. 5.1 SUB-CONTRACTING Will any portion of the contract be sub-contracted? (Tick applicable box) YES 5.1.1 NO If yes, indicate: i) What percentage of the contract will be subcontracted............…………………%? ii) The name of the sub-contractor……………………………………………………… …………………………………………………………………………………………… iii) Whether the sub-contractor is an EME or QSE (Tick applicable box) YES iv) NO Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2022: Designated Group: An EME or QSE which is at last 51% owned by: EME √ Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Co-operative owned by black people Black people who are military veterans OR Msunduzi EME Msunduzi Manufacturing Enterprise Location of a Business Enterprise 6. DECLARATION WITH REGARD TO COMPANY/FIRM 6.1 Name of company/firm……………………………………………………………. 6.2 VAT registration number………………………………….……………………………… 6.3 Company registration number…………….………………….…………………… 6.4 TYPE OF COMPANY/ FIRM       Partnership/Joint Venture / Consortium One-person business/sole propriety Close corporation Company (Pty) Limited Non-Profit Company [TICK APPLICABLE BOX] 43 QSE √ 6.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………… 6.6 6.7 COMPANY CLASSIFICATION [TICK APPLICABLE BOX]  Manufacturer  Supplier  Professional Service Provider  Other Service Providers, e.g. transporter, etc. MUNICIPAL INFORMATION Municipality where business is situated….………………………………...…………… Registered Account Number: …………………………………………………...……… Stand Number: ………………………………………………...…………………………… 6.8 Total number of years the company/firm has been in business………………………… 6.9 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on specific goals as advised in the tender, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct; ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 5.2, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser 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 purchaser may, in addition to any other remedy it may have – (a) disqualify the person from the bidding 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 bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution. 44 SIGNATURE(S) OF BIDDER(S)…………………………………………………………………………………… DATE: ……………..................................................................................................................................... ADDRESS: …...............................................................................………………………........................... .................................................................................….……………………………………………………… WITNESSES: 1……………………………...……………………………………………………... 2.………………..............………………………………………………………….. 45 ANNEXURE “C” THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. Tax Compliance Status Verification Pin 46 ANNEXURE "D" THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. CIPC REGISTRATION CERTIFICATE 47 ANNEXURE "E" THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. CENTRAL SUPPLIER DATABASE (CSD) REGISTRATION REPORT A Full Report may be required for adjudication purposes. 48 ANNEXURE "F" THE MSUNDUZI MUNICIPALITY SUPPLIES AND SERVICES CONTRACT No. 56 OF 2025 APPOINTMENT OF A SERVICE PROVIDER FOR MECHANICAL & REFRIGERATION CONTRACT FOR THE MSUNDUZI MARKET. COMPACT DISC (CD) OR USB-FLASH DRIVE The Compact Disc (CD) or USB-Flash Drive should be submitted in a sealed envelope and attached hereto. The Disc(CD) or USB -flash drive may assist both Municipality and bidders in case of dispute with regards to the contents of the bid submitted, the scanned copy may serve as the secondary verification method. SIGNED ON BEHALF OF THE SERVICE PROVIDER: Name of Service Provider ……………………………………………………………………………. Name of Signatory: …………………………………………………………………………………… Capacity of Signatory: ……………………………………………………………………………… Signature ………………………………………………………. Date ………………………………. All literature and attachments submitted must be securely attached to the tender. The Council shall not be held liable for any loss or damages sustained due to the Service Provider’s failure to comply with this condition. 49 The Msunduzi Municipality Telephone : Fax Email : : 033 392 2170 333 Church Street Pietermaritzburg 033 392 2459 3201 Ntuthuko.Phungula@msunduzi.gov.za Private Bag X205 Pietermaritzburg 3200 ________________________________________________________________________ COLD ROOMS PREVENTATIVE MAINTENANCE SCHEDULE MONTHLY CHECKS COMMENTS ➢ Check level of refrigerant in system. ➢ Check oil level of compressor. ➢ Check & remove any dirt on condenser. ➢ Check fans is operational & clear of obstacles. ➢ Check contacts & operation. ➢ Check door latches operational. I certify that the specified services was carried out on __________________ By: Name in block letters: ___________________________ Company : ___________________________ Time in: ___________ Time out: ______________ Total hours: ___________________ Signature of responsible officer: ________________________ 50 The Msunduzi Municipality Telephone : Fax Email : : 033 392 2170 333 Church Street Pietermaritzburg 033 392 2459 3201 Ntuthuko.Phungula@msunduzi.gov.za Private Bag X205 Pietermaritzburg 3200 ___________________________________________________________________ COLD ROOMS PREVENTATIVE MAINTENANCE SCHEDULE QUARTELY SERVICE COMMENTS ➢ Check level of refrigerant in system. ➢ Check oil level of compressor. ➢ Check & remove any dirt on condenser. ➢ Check fan operational & clear of obstacles & directions. ➢ Check all capillary tails. ➢ Check & tighten all nuts & bolts. ➢ Check & replace any burnt contacts & wiring. ➢ Check door latches & hinges. ➢ Check doors sealing properly. I certify that the specified services was carried out on __________________ By: Name in block letters: ___________________________ Company : _________________________ Time in: ___________ Time out: ______________ Total hours: ___________________ Signature of responsible officer: ________________________ 51 The Msunduzi Municipality Telephone : Fax Email : : 033 392 2170 333 Church Street Pietermaritzburg 033 392 2459 3201 Ntuthuko.Phungula@msunduzi.gov.za Private Bag X205 Pietermaritzburg 3200 ___________________________________________________________________ COLD ROOMS PREVENTATIVE MAINTENANCE SCHEDULE SEMI-ANNUAL SERVICE COMMENTS ➢ Inspect heat transfer fins of the cooling coils/evaporator, ➢ Inspect all fan blades, ➢ Inspect all drain pans, remove algae and mould, ➢ Treat drain pans for rust and paint if necessary, ➢ Inspect condenser coil, ➢ Inspect outdoor unit, remove debris, ➢ Inspect pumps for operation, ➢ Inspect control panel and distribution board, ➢ Check for gas and refill when necessary and report, ➢ Grease all ripples and door ➢ Inspect ethylene nozzles, repair and report, ➢ Clean the room, entire exterior with high pressure steam. I certify that the specified services was carried out on __________________ By: Name in block letters: ___________________________ Company : _________________________ Time in: ___________ Time out: ______________ Total hours: ___________________ Signature of responsible officer: ________________________ 52 The Msunduzi Telephone : Fax Email : : 033 392 2170 333 Church Street Pietermaritzburg 033 392 2459 3201 Ntuthuko.Phungula@msunduzi.gov.za Municipality Private Bag X205 Pietermaritzburg 3200 ______________________________________________________________ COLD ROOMS PREVENTATIVE MAINTENANCE SCHEDULE ANNUAL SERVICE COMMENTS ➢ ➢ ➢ ➢ ➢ Check refrigeration system and setting, Inspect all solenoid valves, Inspect room lighting and replace when necessary, Ensure watertight covers are intact, Check humidifiers and change filters when necessary, ➢ ➢ ➢ Inspect reserve osmosis system and report, Inspect venting system and dampers for operation, Check all temperature and humidity sensors for operation, Inspect room inside guide rails and repair when necessary, Inspect the door rails and grease when necessary, Lubricate door gaskets and hinges, ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ Inspect ethlyene gas bottles and flexibility pipes, repair and report, Inspect door roller mechanism and repair when necessary, Inspect door motor and repair when necessary Test lockout emergency for operation, repair and report, Clean all internal room surfaces, bulb covers, room corners and walls, Clean the entire outdoor plant and remove all debris Inspect the outdoor platform, paint, repair when necessary and report I certify that the specified services was carried out on __________________ By: Name in block letters: ___________________________ Company : _________________________ Time in: ___________ Time out: ______________ Total hours: ___________________ Signature of responsible officer: ________________________ 53