MATZIKAMA MUNICIPALITY TENDER NR:T1/2014

Transcription

1 -1- MATZIKAMA MUNICIPALITY TENDER NR:T1/2014 TENDER DESCRIPTION : AANSTELLING VAN N AFSLAER OM ERF 148, KLAWER OP VEILING TE VERKOOP APPOINTMENT OF AUCTIONEER TO SELL ERF 148, KLAWER ON A AUCTION QUOTATION CONTACT PERSON TEL NO. FAX NO. QUOTATION AMOUNT COMPLETION/DELIVERY PERIOD DATE : PO Box 98 VREDENDAL 8160 Tel no: (027) Fax no: (027)

2 -2- MATZIKAMA MUNISIPALITEIT TENDERKENNISGEWING: OM AS AFSLAER AANGESTEL TE WORD OM ERF 148, KLAWER (MUNISIPALE KANTOORGEBOU) OP VEILING TE VERKOOP Die Munisipaliteit is van voorneme om ingevolge tersaaklike wetgewing Erf 148, KLAWER (±2 141m²) (met n grasdakgebou) op n veiling te verkoop. Sonering Sake sone III Primêre gebruik Kantore Definisie van kantore ooreenkomstig betrokke skemaregulasies Kantore beteken 'n vertrek of stel vertrekke of 'n gebou wat aangewend word om 'n administratiewe funksie te verrig of 'n bedryf te beoefen en omvat 'n poskantoor, landdroskantore of 'n professionele gebruik. Die voorgeskrewe tendervorm is gedurende kantoorure by me A van der Westhuizen by telefoonnommer of op verkrygbaar. Alle voltooide tendersvorms, bylae s en gemotiveerde besware teen die Raad se voorneme moet in n verseëlde koevert gemerk TENDER: AANSTELLING-AFSLAER : ERF 148, KLAWER in die tenderbus by die ingang na die munisipale kantoor op die hoek van Kerk- en Van Riebeecklaan geplaas word (vir aandag van me A van der Westhuizen) voor of op 20 MAART 2014 om te bereik, waarna dit in die openbaar oopgemaak sal word. Geen laat, gefakste of e-pos tenders sal aanvaar word nie. Die Bodkomitees van die Raad sal die evaluering van die tender om as afslaer op te tree ingevolge die betrokke wetgewing doen. Die komitee is nie gebonde om enige tender te aanvaar nie en behou die reg voor om enige tendervoorstel na die sluitingsdatum verder te laat kwalifiseer en op grond van faktore wat die komitee wesenlik ag, met sekere van die tenderaars verder te onderhandel. Gunswerwing by Raads- en Komiteelede is n etiese oortreding en sal meebring dat tenders outomaties gediskwalifiseer word. Indien n tenderaar teen 30 MEI 2014 nog geen terugvoering ontvang het nie, kan aangeneem word dat die tender onsuksesvol was. Slegs volledige tenders sal geëvalueer word. This notice is available in English on request. Esi saziso siyafumaneka ngesixhosa xa kuceliwe JI SWARTZ Munisipale Kantore, Kerkstraat 37 WNDE MUNISIPALE BESTUURDER Posbus 98, Vredendal 8160 Kennisgewing No: T1/2014 Tel:

3 -3- PART 1 CONDITIONS OF BID BID DOCUMENTS Bid documents are obtainable from MATZIKAMA MUNICIPALITY, Supply Chain Management Office, 37 Church Street, Vredendal, during cashier office hours (08:00 to 15:30) on payment of R50-00 (Fifty Rand) for each set of documents. The bid document payment will not be refunded. Uncompleted bids must be clearly marked with the contract number, as well as Uncompleted Bid and return. All enquiries pertaining to the issuing of the bid documents must be directed to the Supply Chain Management Unit, Anthea Lott [[email protected]] at , Ralph Simmers [[email protected]] at or mrs H Meyer ([email protected]) at SOUTH AFRICAN CURRENCY All deposits and payments shall be made in the currency of the Republic of South Africa (Rand). UNIT PRICES The Bidder shall enter a unit rate/amount against each item as stipulated in the document. Bidders shall exclude value added tax (VAT) in the bidded rates and amounts. The bidded rates and amounts shall however include all levies and other taxes and duties on all items to which they apply VAT in total. WITHDRAWAL OF BIDS A Bidder may, without incurring any liability, withdraw his bid provided written advice to that effect reaches the MATZIKAMA MUNICIPALITY before the expiry of the time fixed in the bid notice for receiving bids. CHECKING OF BID DOCUMENTS The Bidder shall satisfy himself that the set of bid documents is complete. If any page has been omitted or duplicated, or if the script or anything else in the contract documents is indistinct, or if doubt exists as to the meaning of any description, or if the contract documents contain any obvious errors, the Bidder shall immediately notify the applicable manager accordingly, in writing, so that such discrepancy or indistinctness can be clarified and / or rectified, as the MATZIKAMA MUNICIPALITY or the applicable manager will not accept any responsibility or consider any claim in connection with such discrepancy or indistinctness which is not rectified during the bid period. RECTIFICATION OF INCORRECT ENTRIES Mistakes made by the bidder with the completion of the documents shall not be erased. A line shall be drawn through the incorrect entry and the correct entry shall be written above and the correction initialed by the bidder. The use of products such as correction fluid is strictly forbidden. Failure to observe this rule will lead to the bid being disqualified. EXPENSES DUE TO PREPARATION AND SUBMISSION OF BID DOCUMENTS The MATZIKAMA MUNICIPALITY shall not be liable for any expenses or losses incurred by the Bidder resulting from the preparation and / or submission of the bid documents. SEALING AND MARKING OF BIDS All bids shall be submitted under sealed cover. The envelope shall be addressed to the MATZIKAMA MUNICIPALITY, and endorsed as described in the bid notice and placed in the bid box of the MATZIKAMA MUNICIPALITY, before closing date and time of bid. Any bid which is delivered to an address other than the one stipulated in the bid notice will not be accepted. OPENING OF BIDS The MATZIKAMA MUNICIPALITY or his mandatory representative will open the bids in public shortly after the closing time stipulated. The name of the Bidder for each individual category of FIXED PERIOD bid received will be announced to all Bidders present at the opening. ANNOUNCEMENT OF BIDDED VALUES The announcement of item prices will not be done at the bid opening. LATE BIDS In terms of section 22.(a)(iii) of the Municipal Supply Chain Management Policy, bids received after the closing date and time shall not be considered and shall be returned unopened immediately. PERIOD OF VALIDITY Bids, whether for a part of or for the whole of the bid, shall remain valid for a period of 90 days after the closing date of the bid.

4 -4- AUTHORITY TO SIGN DOCUMENTS (MM BC (A)) The Bidder shall provide proof that the bid was completed and signed by an authorized person and shall duly complete MM BC (A) in this regard. Failure to duly complete this statement may subject the bid to prejudice or rejection. SCHEDULE OF CLIENTS (MM BC (B)) The Bidder shall furnish satisfactory evidence of clients to whom he has supplied a service of a similar nature as described in this document. For this purpose the Bidder shall duly complete the Schedule of clients bound into this document. Failure to complete this schedule may prejudice the bid as being submitted by an inexperienced Bidder and therefore subject the bid to rejection. ALTERATIONS BY BIDDER (MM BC (C)) Should the Bidder desire to make any amendments or modifications to the general or special conditions of contract, specifications, schedule of quantities or to qualify his bid in any way, he shall set out his proposals clearly in MM BC (C), or alternatively state them in a covering letter attached to his bid and referred to in the said annexure, failing which the bid will be deemed to be unqualified. If no amendments or modifications are desired, MM BC (C) shall be marked Nil and signed by the bidder. GENERAL INFORMATION TO THE BIDDER (MM BC (D)) The information provided to the bidder in this Annexure is simply to assist the bidder with the completion of the various schedules included. No bidder entries are required in this Annexure. DECLARATION IN TERMS OF CLAUSE 112(1) OF THE MUNICIPAL FINANCE MANAGEMENT ACT, NO. 56 OF (MM BC (E)) The Bidder shall duly complete the Schedule (E). Failure to duly complete this statement shall subject the bid to rejection. ACCEPTANCE OR REJECTION OF BIDS The MATZIKAMA MUNICIPALITY does not bind itself to accept the lowest or any bid and reserves the right to accept any bids or part thereof. The MATZIKAMA MUNICIPALITY also reserves the right to accept more than one bid and to allocate the bid to one, two or more individual bidders. Any Bidder taking exception to the complete specification, or a major element thereof, will result in immediate rejection of the bid. SIGNING OF CONTRACT The successful Bidder(s) shall sign the contract agreement within 14 (fourteen) days, or as specify in the tender document, after receiving notification that his bid has been accepted or such extended period which the MATZIKAMA MUNICIPALITY may grant. Should a Bidder withdraw his bid during the period of its validity then he shall be liable for and pay to the MATZIKAMA MUNICIPALITY all expenses incurred in calling for new bids, as well as the difference between his bid and any less favorable bid accepted. CANVASSING AND SOLICITING The bid of any person who canvasses or solicits, or causes to be canvassed or solicited, the support of any person employed by or in the service of the Employer in favor of his bid, will not be considered. ADDITIONAL INFORMATION Only information given formally in writing to the Bidder by Matzikama Municipality during the bid period will be regarded as binding on the Contract. Verbal information, given during the site inspection (where applicable) or at any other time prior to the award of the Contract, will not be regarded as binding on the Contract. FINANCIAL INVESTIGATION Bidder(s) must be prepared to furnish the following documentation at own cost within 7 (seven) days of being called upon to do so or as specify in the tender document: Audited financial statements for the past three financial years plus a certified financial statement covering the period from the end of the last financial year to date. If audited statements are not readily available, provisional certified statements must be submitted. Such certified statements must be accompanied by: * A resolution of the board of directors authorizing the signatory to certify such statements; * An extract of the relevant memorandum and article(s) of association from which it is clear that the company is empowered to issue such statement. In the event of the company s contractual obligations being guaranteed by another company or other companies, the following must be furnished: * A resolution of the board of directors of the backing company/companies granting authority for such guarantee. * An extract from the relevant memorandum and article(s) of association of the backing company/companies from which it is clear that the company/companies is/are empowered to issue such guarantee.

5 -5- * Details of the relevant guarantee, i.e. period of validity, to what extent guaranteed, the source of funds and the precise nature of the company s obligations. * Audited financial statements in respect of the backing company/companies on the same basis. A list of all major shareholders indicating the percentage shareholding of each. Cash-flow details reflecting anticipated receipts and expenditure during the contract period, in respect of: (a) (b) the specific contract; and all other contracts. A original Tax Clearance Certificate from the South African Revenue Service ( SARS ) certifying that the taxes of the company to be in order or that suitable arrangements have been made with SARS. (The original Tax Clearance Certificate must be attached to this document.) In the event of the company s contractual obligations being guaranteed by another company or other companies, it is the Bidder s responsibility to obtain the original Tax Clearance Certificate from those companies in which the South African Revenue Service ( SARS ) certifies that the taxes of that company / those companies are in order or that suitable arrangements have been made with SARS. INDEBTEDNESS TO MATZIKAMA MUNICIPALITY The Municipality reserves the right to disqualify any Bidder who either at the date of submission of bids or prior to the date of award of the contract is indebted to the MATZIKAMA Municipality in respect of any rental, levies, rates and/or service charges unless suitable arrangements have been made with the Director: Finance of this municipality. PART 2 SPECIAL CONDITIONS OF CONTRACT The following special conditions of contract (SCC) shall be applicable to the bids. DEFINITIONS, INTERPRETATIONS AND GENERAL PROVISIONS MATZIKAMA MUNICIPALITY is a category B Municipality established in terms Structures Act 1998, Act 117 of of Section 12 of the Municipal BID SUM or the sum named in the bid means the amount of the bid after adjustment in respect of; i) the correction, in accordance with the bid rules, of errors or extension or addition in the schedule of rates and prices. ii) an alternative offer included in the bid and accepted by the MATZIKAMA MUNICIPALITY in his letter of acceptance or mutually agreed upon in writing between the MATZIKAMA MUNICIPALITY and the Bidder during the currency of the contract. iii) an addition to or deletion from the scope of the bid as defined in the document and incorporated in the contract prior to the signing of the contract documents, or mutually agreed upon in writing between the MATZIKAMA MUNICIPALITY and the Bidder during the currency of the contract. iv) the rates as entered against each item as offered by the bidder. SAMPLES if applicable The Bidder shall, when instructed by Matzikama Municipality, provide at his own expense samples of material intending to be supplied. REPORTS ON STUDIES if applicable The Bidder shall deliver, within reasonable time, accurate and complete copies of all reports on studies carried out. TIME FOR SERVICES RENDERED Subject to any requirement in the Specifications as to the time for render of any service the services shall be rendered within the time stated in the Appendix to the form of bid calculated from the date of an official order. If the Bidder cannot adhere to the quoted delivery dates, the MATZIKAMA MUNICIPALITY has the right to cancel the order and purchase the items from other service suppliers. BIDDED RATES AND PRICES Except as provided elsewhere in the Contract, the rates and prices stated in the Bid shall be final and binding for the full period of the contract. APPLICATION OF CONTRACT PRICE ADJUSTMENT FACTOR Price adjustments for variation in the cost of material/service and the delivery thereof must be specified by the Bidder.

6 -6- Should this be ignored / omitted, the rates and prices as stated in the Bid will not be subject to contract price adjustment. Rates and prices shall then be final and binding throughout the period of the Contract. MONTHLY PAYMENTS With regard to all amounts becoming due to the Bidder, he shall deliver to MATZIKAMA MUNICIPALITY a VAT invoice for payment of all amounts he considers to be due to him (in such form and on such date as may be agreed or, failing agreement, as the MATZIKAMA MUNICIPALITY may require). OBLIGATION TO PAY MATZIKAMA MUNICIPALITY shall, within 30 days after received the Bidder s said statement, pay the amount due to the Bidder or as specify. VALUE ADDED TAX Value added tax (VAT) shall be calculated on each payment, but it shall remain the responsibility of the Contractor/bidder to issue a valid tax invoice for the certified amount. The Contractor/bidder is responsible for the payment of VAT. SETTLEMENTS OF DISPUTES Should any dispute, disagreement or claim arises between the parties (called hereafter the dispute ) concerning this agreement, the parties shall try to resolve the dispute by negotiation. This entails firstly that one party invites the other in writing to a meeting in an attempt to resolve the dispute within 7 (seven) days from date of written invitation. Further, if the dispute has not been resolved by such negotiations within 1 (one) month of the date of the written invitation, the CEO s, Managers or Directors of the one party may invite the other in writing to a meeting in an attempt to resolve the dispute within 7 (seven) days from the written invitation. If the dispute has not been resolved by such negotiation, the parties may refer the dispute to mediation, without limiting any party s right. BREACH In the event of any of the parties ( the defaulting party ) committing a breach of any of the terms of this contract and failing to remedy such breach within a period of 7 (seven) days after receipt of a written notice from another party ( the aggrieved party ) calling upon the defaulting party so to remedy, then the aggrieved party shall be entitled, at the sole discretion and without prejudice to any of it s other rights in law, either to claim specific performance in terms of this contract or to cancel this agreement forthwith and without further notice, claim and recover damages from the defaulting party. COPYRIGHT The Conditions of Tender, Special Conditions of Contract, Contract Specifications, Project Specifications, Schedule of Quantities, Tender form, Annexure(s) and drawings are Copyright of the Matzikama Municipality.

7 -7- MM BC (A) AUTHORITY FOR SIGNATORY Indicate the status of the applicant by ticking the appropriate box hereunder. The applicant MUST complete the certificate set out below for the relevant category. A B C D E F G Sole Proprietor Partnership Close Corporation Company Trust Joint Venture Organ of State A. Certificate for Sole Proprietor: I,, identity number, hereby confirm that I am the sole owner of the business trading as. As Owner: As witnesses: 1) 2) Date: 20 B. Certificate for Partnership: We, the undersigned, being the key partners in the business trading as, hereby authorize Dr./Mr./Ms, identity number, acting in the capacity of, to sign all the documents in connection with this application and any contract that may result from this application on our behalf. Identity No.: Home Address: Signature: Date: NOTE: This certificate is to be completed and signed by all of the key partners upon who rests the direction of the affairs of the partnership as a whole. C. Certificate for Close Corporation: We, the undersigned, being the key members in the business trading as, hereby authorize Dr./Mr./Ms, identity number, acting in the capacity of,

8 -8- to sign all the documents in connection with this application and any contract that may result from this application on our behalf. Print Full Names: Identity No.: Home Address: Signature: Date: NOTE: This certificate is to be completed and signed by all of the key members upon who rests the direction of the affairs of the Close Corporation as a whole. D. Certificate for Company: I,, Chairperson of the board of directors of, hereby confirm that by resolution of the board (copy attached) taken on 20, Dr./Mr./Ms, identity number, acting in the capacity of, was authorized to sign all the documents in connection with this application and any contract that may result from this application on behalf of the company. As witnesses: As Chairperson 1) 2) Date: 20 Certificate for Trust: We, the undersigned, being the key trustees in the business trading as, hereby authorize Dr./Mr./Ms, identity number, acting in the capacity of, to sign all the documents in connection with this application and any contract that may result from this application on our behalf. Print Name: Identity No.: Home Address: Signature: Date: NOTE: This certificate is to be completed and signed by all of the key trustees upon who rests the direction of the affairs of the Trust as a whole. E. Certificate for Joint Venture: We, the undersigned, are submitting this application in Joint Venture and hereby authorize Dr./Mr./Ms identity number, authorized signatory of the Joint Venture acting in the capacity of lead partner, to sign all the documents in connection with this application and any contract that may result from this application on our behalf. This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners in the Joint Venture.

9 Certificate for Joint Venture (continued): -9- Name of Firm: Address: Duly Authorized Person: Capacity: Identity No.: Signature: NOTE: This certificate is to be completed and signed by all of the key partners upon who rests the direction of the affairs of the Joint Venture as a whole. Lead partner to complete the first line above. A copy of the Joint Venture Agreement clearly showing the percentage contribution of each partner to the Joint Venture shall be appended to this schedule. F. Certificate for Organ of State: I, (Full names), (Capacity), (name of organ of state), hereby confirm that by resolution of the (copy attached) taken on 20, Dr./Mr./Ms, identity number, in his/her capacity of, is authorized to sign all the documents in connection with this application on behalf of the. As Chairperson: As witnesses: 1) 2) Date: 20 SCHEDULE OF CLIENTS MM BC (B) The following is a list of clients of the same nature and extent, to whom this company successfully supplied and delivered material. CLIENT YEAR PRODUCT(S) PROVIDED SIGNED ON BEHALF OF BIDDER DATE

10 -10- MM BC (C) ALTERATIONS BY BIDDER Should the Bidder desire to make any departures from or modifications to the general conditions of contract, specifications, schedule of quantities or drawings, or to qualify his bid in any way, he shall set out his proposals clearly hereunder or alternatively state them in a covering letter attached to his bid and referred to hereunder. Should there be no qualification, this annex should be marked Nil and signed by the Bidder. PAGE CLAUSE OR ITEM SIGNED ON BEHALF OF BIDDER DATE MM BC (D) GENERAL INFORMATION Completion of this application does not mean that the Municipality has accepted your business entity as a vendor / provider of goods and / or services. Qualifying as a vendor / provider of goods and / or services does not necessarily mean that the Municipality will invite your business entity to quote or bid every time the Municipality puts out tenders or requests for quotations. The Municipality will use the information that you fill in on this form to pre-qualify and accredit your business entity in terms of the criteria stipulated in the application form. This will apply for both existing and new vendors / provider of goods and / or services. The purchaser will decide who will be appointing as Conveyance attorney. The Municipality will treat all the information that you supply as strictly confidential. The Municipality reserves the right to request additional information and / or documents regarding your answers and / or documents in this application. The Municipality reserves the right to perform an audit to confirm or verify any of the answers and / or documents that you supply. Please make sure that the application is duly signed, where required, before you return it to the Municipality. Please make sure all required documents are included in the application before you return it to the Municipality. Please respond to all questions in the application as incomplete forms will not be processed. Only original documentation, unless copies are requested, will be accepted. Please make a copy for your own records (we do not supply copies of the completed document). Should you experience any problems in completing this application, please contact the Supply Chain Unit - Anthea Lott [[email protected]] , Ralph Simmers [[email protected]]

11 -11- MM BC(E) COMPULSORY ENTERPRISE QUESTIONNAIRE I, the undersigned, who warrants that he/she is duly authorized to do so on behalf of the enterprise, applies herewith for the registration of the under mentioned enterprise as an accredited prospective provider: Registered Name of Enterprise: Trading Name of Enterprise: ADDRESS: POSTAL: STREET: TELEPHONE: CODE & NUMBER: FACSIMILE: CODE & NUMBER: CELL PHONE NUMBER: ADDRESS: TAX REFERENCE NUMBER: VAT REGISTRATION NUMBER (if any): CIDB² REGISTRATION NUMBER (if any): GRADING: REGISTRATION NUMBER: COMPANY / CLOSE CORPORATION / TRUST: (delete if not applicable) (certified copy of registration document must be attached) SIGNATURE OF APPLICANT: DATE: 20 CAPACITY UNDER WHICH THIS APPLICATION IS SIGNED PRINT NAME: IDENTITY NUMBER: (certified copy of ID document must be attached)

12 -12- MM BC (F) CERTIFICATE in terms of SECTION 112(1) of the MUNICIPAL FINANCE MANAGEMENT ACT 2003 (Act No. 56 of 2003) and in terms of CLAUSES 43 and 44 of the MUNICIPAL SUPPLY CHAIN MANAGEMENT POLICY I, the undersigned, warrants that I am duly authorized to act on behalf of the enterprise mentioned below and do hereby certify that, to the best of my personal knowledge, neither the enterprise nor any of its owners, directors, members or partners has i) failed to pay any municipal rates and taxes or municipal service charges; ii) been in arrears with any municipal accounts with any municipality or municipal entity in the Republic of South Africa, for a period longer than 3 (three) months; iii) been convicted of fraud or corruption during the past 5 (five) years; iv) abused the supply chain management system of the Municipality or has committed any improper conduct in relation to this system; v) failed, during the past 5 (five) years, to perform satisfactory on a previous contract with the Municipality or any other organ of state after written notice was given to the enterprise that performance was unsatisfactory; vi) willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past 5 (five) years; vii) been listed with the Register of Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act 2004 (Act no. 12 of 2004); viii) been listed on National Treasury s database as a person or enterprise prohibited from doing business with the public sector; ix) any tax matters that is not cleared by the South African Revenue Services; x) been in the service of the state for the past 12 (twelve) months or is in the service of the state; or xi) been or is an advisor or consultant contracted with the Municipality. Further to the above I, the undersigned, herewith disclose the particulars of any kinship (parent, brother, sister or child) with a person that is in the service of the state (see footnote1), or has been in the service of the state in the previous twelve months of any of its owners, directors, members or partners: Full Name of that person: Identity Number of that person: Particulars of Employer: Capacity in which that person is in the service of the state: I acknowledge that any misrepresentation in respect of this certificate may be regarded as a reason to cancel the listing or bid as accredited prospective provider and any contract arising out of this information supplied. DULY AUTHORISED TO SIGN ON BEHALF OF: (insert name of enterprise) PRINT FULL NAME : SIGNATURE : IDENTITY NUMBER: 1 MSCM Regulations: in the service of the state means to be (a) a member of any municipal council; any provincial legislature; or the national Assembly or the national Council of provinces; (b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); (e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature.

13 -13- MM BC (G) VALID AND ORIGINAL TAX CLEARANCE CERTIFICATE The Bidder must attach to this page a valid and original tax clearance certificate. If a Bidder do not has a valid Tax Clearance Certificate he/she must complete application form attached to form MBD2. MM BC (H) PROOF OF PAYMENT OF MUNICIPAL RATES AND TAXES The Bidder must attach to this page a certificate from his / her municipality or last account indicating that all rates and taxes are fully paid or not in arrears for more than three (3) months. PLEASE NOTE: Should the bidder intend claiming preference points for local enterprise status, points will only be awarded if a certified copy of the bidders municipal account is attached and as per condition of schedule 3. MM BC(I) DOCUMENTS OF INCORPORATION The Bidder must attach to this page a certified copy of the certificate of incorporation of his / her company, close corporation, trust or, in the case of a joint venture between two or more firms, certified copies of the certificates of incorporation of each of the firms of the joint venture. MM BC (J) PARTNERSHIP OR JOINT VENTURE AGREEMENT The Bidder must attach to this page a certified copy of the partnership agreement or, in the case of a joint venture between two or more firms, a certified copy of the agreement between the firms of the joint venture. MM BC (K) IDENTITY DOCUMENTS The Bidder must attach to this page a certified copy /copies of the identity document(s) of the owner(s), shareholder(s) with regard to propriety company, director(s) and / or Manager(s) of his / her company, close corporation, trust, partnership or, in the case of a joint venture between two or more firms, certified copies of the identity document(s) of the owner(s), shareholder(s) with regard to propriety company, director(s) and / or Manager(s) of each of the firms of the joint venture.

14 -14- MM BC (L) CERTIFICATE OF BANKING DETAILS The Bidder must complete this page and attach to this page the bidder s bank statement stamped by the applicable bank. I,, duly authorized thereto, confirm that the banking details of the enterprise are as follows: Name of Bankers: ; Bank Branch: ; Code: ; Type of account: ; Account Number:. DULY AUTHORISED TO SIGN ON BEHALF OF: (insert name of enterprise) PRINT FULL NAME: SIGNATURE: IDENTITY NUMBER: PROOF OF RESIDENTS The Bidder must complete this page and attach proof of his/her residents, to the satisfaction of the municipality, to this page. My,, physical address is: No: Street: ; Town:: ; The name of somebody living together with the bidder at the mentioned address: Relationship: Contact number:

15 -15- TAX CLEARANCE CERTIFICATE REQUIREMENTS It is a condition of bid that the taxes of the succesfull bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder s tax obligations. 1. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable. 2. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 3. Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website 4. Applications for the Tax Clearance Certificates may also be made via efilling. In order to use this provision, taxpayers will need to register with SARS as efiliers through the website 5. In order to meet this requirement bidders who do not have a tax clearance certificate are required to complete in full the attached from TCC 001 Application for a Tax Clearance Certificate and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders/individuals who wish to submit bids. 6. SARS will then furnished the bidder with a Tax Clearance Certificate that will be valid for a period of 1(one) year from the date of approval.

16 -16- APPLICATION FOR TAX CLEARANCE CERTIFICATE (IN RESPECT OF BIDDERS) 1. Name of taxpayer / bidder: Trade name: Identification number: 4. Company / Close Corporation registration number: 5. Income tax reference number: 6. VAT registration number (if applicable): 7. PAYE employer s registration number (if applicable): Signature of contact person requiring Tax Clearance Certificate: Name:... Telephone number: Code: Number:... Address:... DATE: 20 / / PLEASE NOTE THAT THE COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE (SARS) WILL NOT EXERCISE HIS DISCRETIONARY POWERS IN FAVOUR OF ANY PERSON WITH REGARD TO ANY INTEREST, PENALTIES AND / OR ADDITIONAL TAX LEVIABLE DUE TO THE LATE- OR UNDERPAYMENT OF TAXES, DUTIES OR LEVIES OR THE RENDITION RETURNS BY ANY PERSON AS A RESULT OF ANY SYSTEM NOT BEING YEAR 2000 COMPLIANT. MBD 2

17 -17- DECLARATION BY SUPPLIER MDB 4 1. This document serves as a declaration to be used by the municipality 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. No Registration will be accepted from persons in the service of the state*. 2.(a) 2.(b) Any prospective supplier, having a kinship with persons in the service of the state, including a blood relationship, may in terms of current legislation register on the Municipality's Database. In view of possible allegations of favoritism, should a resulting bid, or part thereof, be awarded to suppliers connected with or related to persons in the service of the state, it is required that the supplier or his/her authorized representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest. The request for registration on the Municipality s database may be rejected if the supplier, or any of its directors/members/partners have: (i) abused the municipality s supply chain management system or committed any improper conduct in relation to such system; (ii) been convicted for fraud or corruption during the past five years; (iii) willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; (iv) being a person whose tax matters are not cleared by the South African Revenue Services; or (v) 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). In order to give effect to the above, the following questionnaire must be completed and signed. 3.1 Company Name:. 3.2 Company/CC Registration or ID Number:. 3.3 Are you presently in the service of the state? * YES / NO If so, furnish particulars 3.4 Have you been in the service of the state for the past twelve months? YES / NO If so, furnish particulars. 3.5 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 any prospective bid? If so, furnish particulars. 3.6 Are you, aware of any relationship (family, friend, other) between a supplier and any persons in the service of the state who may be involved with the evaluation and or adjudication of any bid? If so, furnish particulars. 3.7 Are any of your company s directors, managers, principle shareholders or stakeholders in the service of the state? If so, furnish particulars. 3.8 Are any spouse, child or parent of your company s directors, managers, principle shareholders or stakeholders in the service of the state? If so, furnish particulars. 3.9 Is the supplier or any of its directors/partners listed on the National Treasury s database as a company or person prohibited from doing business with the public sector? If so, furnish particulars. YES / NO YES / NO YES / NO YES / NO YES / NO

18 Is the supplier 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)? YES / NO If so, furnish particulars Was the supplier 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 3.12 Does the supplier 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? If so, furnish particulars. YES / NO 3.13 Was any contract between the supplier 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 CERTIFICATION I, THE UNDERSIGNED,..... CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE Signature Position Date * MSCM 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 an employee of Parliament or a provincial legislature This document is compulsory, in terms of Regulation 44 and 45 of the Supply Chain Management Regulations, to do business with any municipality Failure to submit it will disqualify your business from the acquisitioning process. (Must be submitted annually)

19 MM MBD 8 CERTIFICATION I, THE UNDERSIGNED (FULL NAME)....., CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.... Signature... Date. Position.. Name of Bidder

20 CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited. MM MBD 9 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract. 4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (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. 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: MATZIKAMA MUNICIPALITY do hereby make the following statements that I certify to be true and complete in every aspect: 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;

21 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) (b) (c) has been requested to submit a bid in response to this bid invitation; could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and 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) (b) (c) (d) (e) (f) prices; geographical area where product or service will be rendered (market allocation); methods, factors or formulas used to calculate prices; the intention or decision to submit or not to submit, a bid; the submission of a bid which does not meet the specifications and conditions of the bid; or bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. ³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation... Signature.. Date.. Position.. Name of Bidder

22 MATZIKAMA MUNICIPALITY Form 5 TENDER DOCUMENT TO BE APPOINTED AS AUCTIONEER FOR THE SALE OF MUNICIPAL ERF Before you complete and submit this tender-form, please take note of the following: No incomplete, late, faxed or ed tenders will be considered. The buyer will be responsible for the costs for the drafting of the sales agreement. The buyer will decided on the conveyance lawyer to be used. The property is sold as is ( voetstoots - a large stand with an old building with a thatch roof in need of maintenance) The 10% deposit paid by the highest bidder on the day of the auction, will be paid into the trust account of the auctioneer which will paid these amount and the interest earn into the bank account of the municipality within 24 hours after the municipality accept in writing the purchase price offered on the day of the auction. An original warranty for the remainder of the selling price must be submitted to the Municipality within 7 days after the municipality has accepted the bid in writing. Registration of the property at the deeds office must take place within 3 months from the date which the decision to accept the bid are made known by the municipality in writing to the auctioneer. A emptive- and building clause will be contained in the sales agreement. The auction notice will also appear on posters in Vredendal and Klawer, in Die Burger, Ons Kontrei and the municipality's website, on the pre-agreed date or as agreed to by the municipality in the service agreement between the appointed auctioneer and the municipality. Auction notices may only be placed after the format, phrasing and quotation has been approved and signed off by the Municipal Manager. Auction notices shall contain the following paragraph: All motivated objections to the Councils intention in order to alienate the property must be submit in a sealed envelope marked on the reverse side "OBJECTION ERF 148, KLAWER" in the tender box at the entrance to the municipal office on the corner of Church- and Van Riebeeck Avenue (for the attention of Ms A van der Westhuizen) on or before.., at 12:00, after which it will be opened in public. The land use information in respect of the property states in the notice must be included in the conditions of sale. The person / firm responsible for the costs of the auction notices must be clearly set out in the tender form, if not, the tender form will be deemed incomplete. If the Municipality must settle these costs, no more than the estimated value contained in this tender form will be paid (after receiving of the invoice from the advertiser). Document with sale s conditions/auction conditions that will be handed to the registered bidder must be reach Ms van der Westhuizen of this office not later than five (5) working days before the auction, for approval by the Municipal Manager. The Bid Committees of the Council will evaluate the tenders and appoint the auctioneer in terms of the Council's supply chain management policy and other relevant legislation. The committee is not bound to accept any tender. Canvassing with councillors and committee members is an ethical violation and will result that tenders are automatically disqualified. Should a tenderer have received no feedback 30 April 2014, it can be assumed that the tender was unsuccessful. Travel and accommodation cost of the auctioneers will be for their own account.

23 DETAILS OF PROPERTY TO BE SOLD BY AUCTION: ERF NUMBER Erf 148 TOWN IN WHICH ERF IS LOCATED PLACE OF AUCTION Klawer Erf 148, Klawer DETAILS OF TENDERER: CONTACT PERSONS FULL NAME AND SURNAME ID NUMBER NAME OF FIRM REGISTRATION NUMBER BY PROPERTY AGENCY BOARD STREET ADDRESS POSTAL ADDRESS ADDRESS TELEPHONE- / CELLPHONE NUMBER FAX NUMBER EXPERIENCE AS AUCTIONEER OF COMMERCIAL PROPERTIES KNOWLEDGE OF MATZIKAMA REGION AND SPECIFICALLY KLAWER PERCENTAGE COMMISSION OF THE SELLING PRICE REQUIRED (VAT, TRANSFER COST AND ADVERTISING COSTS EXCLUDED) PERCENTAGE COMMISSION OF THE SELLING PRICE REQUIRED SHOULD THE PROPERTY SELL FOR MORE THAN R (VAT, TRANSFER COST AND ADVERTISING COSTS EXCLUDED) MAXIMUM ESTIMATED AMOUNT FOR ADVERTISING (SEE REQUIREMENTS) SIZE AND FORMAT OF NOTICE YOU PROPOSED WHO IS RESPONSIBLE FOR THE ADVERTISING COSTS? HOW WILL THE AUCTION BE MARKETED? WHAT PERIOD BEFORE THE AUCTION DATE WILL THE INFORMATION AND SALES CONDITIONS BE AVAILABLE FOR PROSPECTIVE BIDDERS

24 WHAT PERIOD BEFORE THE AUCTION STARTING TIME WILL THE AUCTIONEER WILL BE AVAILABLE FOR THE REGISTRATION OF THE PROSPECTIVE BIDDERS PROPOSED DATE AND TIME OF AUCTION MOTIVATION OF PROPOSED DATE OF AUCTION GENERAL COMMENTS: The following documentation must accompany the completed tender document: A certified copy of your valid Estate Agency Board certificate; A valid tax clearance certificate; Proof that the Fica requirements are fully met (not older than 3 months); An example of the auction notice that will be placed. Complete forms for registration on Matzikama Municipality database ( TENDERER S DECLARATION Herewith I,..., (full name and surname) declare that the above-mentioned information is the truth and correct and that I acknowledge the requirements stated in the tender notice and -form SIGNATURE DATE Lo mqulu uyafumaneka ngesixhosa xa kuceliwe

25 MATZIKAMA MUNISIPALITEIT Vorm 5 TENDERDOKUMENT OM AS AFSLAER AANGESTEL TE WORD VIR DIE VERKOOP VAN N MUNISIPALE ERF Neem asseblief kennis van die volgende alvorens u hierdie tendervorm voltooi en dit ingedien word: Geen onvolledige, laat, gefakste of epos tenders sal oorweeg word nie. Die koper sal verantwoordelik wees vir die kostes vir die opstel van die koopooreenkoms. Die koper sal die oordragsprokureur van sy/haar keuse aanstel. Die eiendom word soos dit is verkoop (voetstoots - n groot erf met n ou grasdakgebou wat onderhoud nodig het). Die 10% deposito wat op die dag van die veiling deur die hoogste bieёr in die trust rekening van die afslaer inbetaal word, sal tesame met die rente daarop verdien aan die munisipaliteit oorbetaal word binne 24 uur nadat die munisipaliteit die hoogste koopsom wat op die dag van die veiling aangebied is, skriftelik aanvaar. n Oorspronklike waarborg vir die res van die verkoopprys moet binne 7 dae na die munisipaliteit die bod skriftelik aanvaar het, by die munisipaliteit ingedien word. Datum van registrasie van die eiendom in die aktekantoor moet binne 3 (drie) maande vanaf die datum waarop die munisipaliteit se besluit om die aanbod te aanvaar skriftelik aan die afslaer bekend gemaak word, plaasvind. n Voorkoopsreg-, bouklousule sal in die veilingsvoorwaardes en koopooreenkoms vervat word. Die veilingkennisgewing sal op plakkate in Vredendal en Klawer, in Die Burger, Ons Kontrei en die Munisipaliteit se webtuiste, op die vooraf ooreengekomde datum, verskyn of soos anders in die diensleweringsooreenkoms tussen die aangestelde afslaer en die munisipaliteit ooreengekom. Veilingskennisgewings mag alleenlik geplaas word nadat die Munisipale Bestuurder die formaat, bewoording en kwotasie goedgekeur en afgeteken het. Die volgende bewoording moet in die veilingkennisgewing vervat word: Alle gemotiveerde besware teen die Raad se voorneme om die eiendom te vervreem moet in n verseëlde koevert gemerk BESWAAR ERF 148, KLAWER in die tenderbus by die ingang na die munisipale kantoor op die hoek van Kerk- en Van Riebeecklaan geplaas word (vir aandag van me A van der Westhuizen) voor of op, om te bereik, waarna dit in die openbaar oopgemaak sal word. Die ontwikkelingsinligting (sonerings) ten opsigte van die eiendom wat in die kennisgewing vervat is moet by die veilingvoorwaardes/verkoopsvoorwaardes ingesluit word. Die persoon/firma verantwoordelik vir die kostes van die veilingkennisgewing moet duidelik in die tendervorm uiteengesit word, indien nie sal die tendervorm as onvolledig geag word. Indien die Munisipaliteit hierdie kostes moet vereffen sal nie meer as die geskatte waarde wat in hierdie tendervorm uiteengesit is, betaal word nie (na ontvangs van die faktuur van die adverteerder). Dokument met verkoopsvoorwaardes/veilingsvoorwaardes soos aan geregistreerde bieёr oorhandig sal word moet aan me van der Westhuizen van hierdie kantoor 5 (vyf) werksdae voor die veiling, afgegee word vir goedkeuring deur die Munisipale Bestuurder Die Bodkomitees van die Raad sal die evaluering van die tenders en aanstelling van die afslaer ingevolge die Raad se voorsieningskanaal bestuursbeleid en ander betrokke wetgewing doen. Die komitee is nie gebonde om enige tender te aanvaar nie. Gunswerwing by raads- en komiteelede is n etiese oortreding en sal meebring dat tenders outomaties gediskwalifiseer word. Indien n tenderaar teen 30 April 2014 nog geen terugvoering ontvang het nie, kan aangeneem word dat die tender onsuksesvol was.

26 Reis- en verblyfsonkostes van die afslaer is vir sy eie rekening. BESONDERHEDE VAN EIENDOM WAT PER VEILING VERKOOP GAAN WORD: ERF NOMMER Erf 148 DORP WAARIN ERF GELEË IS Klawer PLEK VAN VEILING ERF 148, KLAWER BESONDERHEDE VAN TENDERAAR: KONTAKPESRSOON SE VOLLE NAAM EN VAN ID NOMMER NAAM VAN FIRMA REGISTRASIENOMMER EIENDOMSAGENTSKAPRAAD STRAATADRES POSADRES E-POS ADRES TELEFOON- / SELFOONNOMMER FAKSNOMMER BY ONDERVINDING AS AFSLAER VAN KOMMERSIËLE EIENDOMME KENNIS VAN MATZIKAMA STREEK EN SPESIFIEK KLAWER PERSENTASIE KOMMISSIE VAN DIE VERKOOPPRYS WAT VERLANG WORD (BTW, OORDRAGS- EN ADVERTENSIE KOSTES UITGESLUIT) PERSENTASIE KOMMISSIE VAN DIE VERKOOPPRYS WAT VERLANG WORD INDIEN DIE EIENDOM VIR MEER AS R VERKOOP (BTW, OORDRAGS- EN ADVERTENSIE KOSTES UITGESLUIT) BERAAMDE MAKSIMUM BEDRAG VIR ADVERTERING (SIEN VEREISTES) GROOTTE EN FORMAAT VAN KENNISGEWING WAT VOOR- GESTEL WORD WIE VERANTWOORDELIK IS VIR DIE ADVERTENSIEKOSTES? HOE GAAN DIE VEILING BEMARK WORD? WATTER TYDPERK VOOR DIE

27 VEILINGSDATUM SAL DIE INLIGTING EN VERKOOPS- VOORWAARDES VIR VOOR- NEMENDE BIEËRS BESKIKBAAR WEES WATTER TYDPERK VOOR DIE VEILING IN AANVANG NEEM SAL DIE AFSLAER BESKIKBAAR WEES VIR VOORNEMENDE BIEËRS OM TE REGISREER WATTER DATUM VIR DIE VEILING STEL U VOOR MOTIVERING VAN VOORGE- STELDE DATUM VAN VEILING ALGEMEEN Die volgende dokumentasie moet die voltooide tenderdokument vergesel: n Beëdigde kopie van u geldige Eiendomsagentskapsraad-sertifikaat; n Geldige belasting uitklaringsertifikaat; n Bewys dat ten volle aan die Fica-vereistes voldoen word (nie ouer as 3 maande nie); n Voorbeeld van die veilingkennisgewing wat geplaas sal word. Voltooide vorm om op die Munisipaliteit se databasis te registreer ( VERKLARING DEUR TENDERAAR: Hiermee bevestig ek,..., (volle naam en van) dat die inligting hierbo waar en korrek is en ek kennis geneem het van die voorskrifte vervat in die tenderkennisgewing en -vorm HANDTEKENING DATUM Lo mqulu uyafumaneka ngesixhosa xa kuceliwe