Common use of MANDATORY OBJECTION PERIOD Clause in Contracts

MANDATORY OBJECTION PERIOD. All administrative actions and decisions taken by the Municipality through its officials may become subject to an appeal process. As such, in terms of Section 49 of the Municipal Supply Chain Management Regulations No 27636 of 2005, a period of fourteen (14) days will be set aside to allow for the submission of appeals against the award/ process of making the award to a particular bidder by any interested party. Except in scenarios where the decision of a duly appointed appeal panel sets aside the appointment of the successful bidder as the service provider for this contract, the appointment will then be confirmed by the municipality in writing. 1. I/we hereby bid to supply and deliver the goods as and when ordered by the Head of Department at prices quoted and/or to render all of any of the services described in the attached documents to the Okhahlamba Local Municipality on the terms and conditions and in accordance with the specifications stipulated in the bid documents (and which shall be taken as part of, and incorporated into, this bid) at prices and on the terms regarding time for delivery and/or execution inserted therein. 2. I/we agree that: the offer herein shall remain binding upon me/us and open for acceptance by the Okhahlamba Local Municipality during the validity period of 90 days indicated and calculated from the closing time of bid; 2.1. this bid and its acceptance shall be subject to the terms and conditions contained in the Preference Points Claim Form; 2.2. if I/we withdraw my/our bid within the period for which I/we have agreed that the bid shall remain open for acceptance, or fail to fulfill the contract when called upon to do so, the Council may, without prejudice to its other rights, agree to the withdrawal of my/our bid or cancel the contract that may have been entered into between me/us and the Council and I/we will then pay to the Council any additional expense incurred by the Council having either to accept any less favorable bid or, if fresh bids have to be invited, the additional expenditure incurred by the invitation of fresh bids and by the subsequent acceptance of any less favorable bid. The Council shall also have the right to recover such additional expenditure by set-off against monies which may be due to become due to me/us under this or any other bid or contract and pending the ascertainment of the amount of such additional expenditure to retain such monies, guarantee or deposit as security for any loss the Council may sustain by reasons of my/our default; 2.3. If my/our bid is accepted, the acceptance may be communicated to me/us by letter or order by ordinary post or registered post and that the SA Post Office Ltd shall be regarded as my/our agent, and delivery of such acceptance to SA Post Office Ltd shall be treated as delivery to me/us; 2.4. I/we understand that the Council is not bound to accept the lowest or any bid and also reserves the right to divide the contract between one or more bids; 2.5. this bid, together with Council’s written acceptance thereof, shall constitute a binding contract between us; 2.6. that this contract or part thereof shall not be ceded; 2.7. the law of the Republic of South Africa shall govern the contract created by the acceptance of my/our bid and that I/we choose Domicilium citandi et executandi in the Republic at (full address of this place): 3. I/we furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our bid, that the price(s) and rate(s) quoted cover all the work/item(s) specified in the bid documents and that the price(s) and rate(s) cover all my/our obligations under a resulting contract and that I/we accept that any mistakes regarding price(s) and calculations will be at my/our risk. 4. I/we hereby accept full responsibility for the proper execution and fulfillment of all obligations and conditions devolving on me/us under the agreement as the Principal(s) liable for the due fulfillment of this contract. 5. I/we agree that any action arising from this contract may in all respects be instituted against me/us and I/we hereby undertake to satisfy fully any sentence of judgment which may be pronounced against me/us as a result of such action. 5.1 Are you duly authorized to sign the bid? * 5.2 Has the Declaration of Interest been duly completed and included with the other bid forms? * *Delete whichever is not applicable SIGNATURE: DATE: CAPACITY AND PARTICULARS OF THE AUTHORITY UNDER WHICH THIS BID IS SIGNED: NAME OF BIDDER: POSTAL ADDRESS: TELEPHONE NUMBERS: FACSIMILE NUMBERS: BID NUMBER: NAME OF CONTACT PERSON: 1. Failure on the part of the bidder to sign this bid form and thus to acknowledge and accept the conditions in writing or to complete the attached forms, questionnaire and specifications in all respects, may invalidate the bid. 2. Bids should be submitted on the official forms and should not be qualified by the bidders own conditions of bid. Failure to comply with these requirements or to renounce specifically the bidders own conditions of bid, when called upon to do so, may invalidate the bid. 3. If any of the conditions of this bid form are in conflict with any special conditions, stipulations or provisions incorporated in the bid, such special conditions, stipulations or provisions shall apply. Name of Bidder…………………………………… Bid Number…………………... Closing Time ……………. ….. Closing Date ……………………….. OFFER TO BE VALID FOR 120 DAYS FROM THE CLOSING DATE OF BID. ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY NO. **(ALL APPLICABLE TAXES INCLUDED) 1. Required by: …………………………………. At: …………………………………. ………………………………… 2. Brand and Model …………………………………. 3. Country of Origin …………………………………. - Does the offer comply with the specification(s)? *YES/NO 4. If not to specification, indicate deviation(s)…………………………………. 5. Period required for delivery …………………………………. *Delivery: Firm/Not firm 6. Delivery basis ……………………………………. Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination. ** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies. *Delete if not applicable

Appears in 1 contract

Sources: Contract for Completion of Athletic Track

MANDATORY OBJECTION PERIOD. All administrative actions and decisions taken by the Municipality through its officials may become subject to an appeal process. As such, in terms of Section 49 of the Municipal Supply Chain Management Regulations No 27636 of 2005, a period of fourteen (14) days will be set aside to allow for the submission of appeals against the award/ process of making the award to a particular bidder by any interested party. Except in scenarios where the decision of a duly appointed appeal panel sets aside the appointment of the successful bidder as the service provider for this contract, the appointment will then be confirmed by the municipality in writing.. Supply, deliver and install the following items: 3 x swings 1 x jungle gym 1 x round about Please contact PMU Manager: SC Khumalo on 082 9900 982 for more information 1. I/we hereby bid to supply and deliver the goods as and when ordered by the Head of Department at prices quoted and/or to render all of any of the services described in the attached documents to the Okhahlamba Local Municipality on the terms and conditions and in accordance with the specifications stipulated in the bid documents (and which shall be taken as part of, and incorporated into, this bid) at prices and on the terms regarding time for delivery and/or execution inserted therein. 2. I/we agree that: the offer herein shall remain binding upon me/us and open for acceptance by the Okhahlamba Local Municipality during the validity period of 90 days indicated and calculated from the closing time of bid; 2.1. this bid and its acceptance shall be subject to the terms and conditions contained in the Preference Points Claim Form; 2.2. if I/we withdraw my/our bid within the period for which I/we have agreed that the bid shall remain open for acceptance, or fail to fulfill the contract when called upon to do so, the Council may, without prejudice to its other rights, agree to the withdrawal of my/our bid or cancel the contract that may have been entered into between me/us and the Council and I/we will then pay to the Council any additional expense incurred by the Council having either to accept any less favorable bid or, if fresh bids have to be invited, the additional expenditure incurred by the invitation of fresh bids and by the subsequent acceptance of any less favorable bid. The Council shall also have the right to recover such additional expenditure by set-off against monies which may be due to become due to me/us under this or any other bid or contract and pending the ascertainment of the amount of such additional expenditure to retain such monies, guarantee or deposit as security for any loss the Council may sustain by reasons of my/our default; 2.3. If my/our bid is accepted, the acceptance may be communicated to me/us by letter or order by ordinary post or registered post and that the SA Post Office Ltd shall be regarded as my/our agent, and delivery of such acceptance to SA Post Office Ltd shall be treated as delivery to me/us; 2.4. I/we understand that the Council is not bound to accept the lowest or any bid and also reserves the right to divide the contract between one or more bids; 2.5. this bid, together with Council’s written acceptance thereof, shall constitute a binding contract between us; 2.6. that this contract or part thereof shall not be ceded; 2.7. the law of the Republic of South Africa shall govern the contract created by the acceptance of my/our bid and that I/we choose Domicilium ▇▇▇▇▇▇▇▇▇▇ citandi et executandi in the Republic at (full address of this place): 3. I/we furthermore confirm that I/we have satisfied myself/ourselves as to the correctness and validity of my/our bid, that the price(s) and rate(s) quoted cover all the work/item(s) specified in the bid documents and that the price(s) and rate(s) cover all my/our obligations under a resulting contract and that I/we accept that any mistakes regarding price(s) and calculations will be at my/our risk. 4. I/we hereby accept full responsibility for the proper execution and fulfillment of all obligations and conditions devolving on me/us under the agreement as the Principal(s) liable for the due fulfillment of this contract. 5. I/we agree that any action arising from this contract may in all respects be instituted against me/us and I/we hereby undertake to satisfy fully any sentence of judgment which may be pronounced against me/us as a result of such action. 5.1 Are you duly authorized to sign the bid? * 5.2 Has the Declaration of Interest been duly completed and included with the other bid forms? * *Delete whichever is not applicable SIGNATURE: DATE: CAPACITY AND PARTICULARS OF THE AUTHORITY UNDER WHICH THIS BID IS SIGNED: NAME OF BIDDER: POSTAL ADDRESS: TELEPHONE NUMBERS: FACSIMILE NUMBERS: BID NUMBER: NAME OF CONTACT PERSON: 1. Failure on the part of the bidder to sign this bid form and thus to acknowledge and accept the conditions in writing or to complete the attached forms, questionnaire and specifications in all respects, may invalidate the bid. 2. Bids should be submitted on the official forms and should not be qualified by the bidders own conditions of bid. Failure to comply with these requirements or to renounce specifically the bidders own conditions of bid, when called upon to do so, may invalidate the bid. 3. If any of the conditions of this bid form are in conflict with any special conditions, stipulations or provisions incorporated in the bid, such special conditions, stipulations or provisions shall apply. MBD 3.1 PRICING SCHEDULE – FIRM PRICES (PURCHASES) NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. Name of Bidder…………………………………… Bid Number…………………... Closing Time ……………. ….. Closing Date ……………………….. OFFER NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE VALID CONSIDERED IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR 120 DAYS FROM THE CLOSING DATE OF BID. ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY NO. **(ALL APPLICABLE TAXES INCLUDED)EACH DELIVERY POINT 1. Required by: …………………………………. At: …………………………………. ………………………………… 2. Brand and Model …………………………………. 3. Country of Origin …………………………………. - Does the offer comply with the specification(s)? *YES/NO 4. If not to specification, indicate deviation(s)) …………………………………………. 5. Period required for delivery …………………………………. *Delivery: Firm/Not firm 6. Delivery basis ……………………………………. Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination. ** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies. *Delete if not applicable

Appears in 1 contract

Sources: Supply, Delivery and Installation Agreement