DEFINITIONS In this Supply Chain Management Policy, unless the context indicates otherwise; “Adjudication points”: the points referred to in the Preferential Procurement Regulations, 2011 and the Preferential Procurement section of this policy, also referred to as “evaluation points”. “Asset”: means a tangible or intangible resource capable of ownership. “Bidder”: means any person submitting a competitive bid or a quotation pursuant to definition 1.26. “Broad-Based Black Economic Empowerment (BBBEE) Act”: means the Broad-Based Black Economic Empowerment Act, 53 of 2003 and Codes of Good Practice pertaining thereto. “Capital means: any immovable asset such as land, property or buildings; or any movable asset that can be used continuously or repeatedly for more than one year in the production or supply of goods or services, for rental to others or for administrative purposes, and from which future benefit can be derived, such as plant, machinery and equipment. “Municipality”: means the municipality of the Ba-Phalaborwa Local Municipality or any person(s) or committee delegated with the authority to act on its behalf. “Municipal Manager”: means the Accounting Officer as defined in the Municipal Finance Management Act. “Closing Time”: means the time and day specified in the bid documents for the receipt of bids.
“Competitive Bidding Process”: means a competitive bidding process referred to in Regulation 12 (1) (d) of the Supply Chain Management Regulations. “Competitive Bid”: means a bid in terms of a competitive bidding process. “Community Based Vendor”: means a supplier of goods, services and/or construction works who resides in a target area or community, who meets the criteria for community based vendors as determined by the Assistant Director: Supply Chain Management from time to time, and who is registered as such on the Municipality’s Supplier database. “Construction Industry Development (CIDB) Act”: means the Construction Industry Development Board Act,38 of 2000 and includes the regulations pertaining thereto “Construction Works”: means any work in connection with: 1.13.1 the erection, maintenance, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure; 1.13.2 the installation, erection, dismantling or maintenance of a fixed plant; 1.13.3 the construction, maintenance, demolition or dismantling of any bridge, dam, road, railway, sewer or water reticulation system or any similar civil engineering structure; or 1.13.4 the moving of earth, clearing of land, the making of an excavation, piling or any similar type of work. 1.14 “Consultant”: means a person or entity providing services requiring knowledge based expertise, and includes professional service providers. 1.15 “Contract”: means the agreement which is concluded when the Municipality accepts, in writing, a bid or quote submitted by a provider. 1.16 “Contractor”: means any person or entity whose bid or quote has been accepted by the Municipality.
or contract. 1.48 “SARS”: the South African Revenue Services. 1.49 “Small, Medium and Micro Enterprises (SMME’s)”: bears the same meaning assigned to this expression in the National Small Enterprise Act, 102 of 1996. 1.50 “Sub-contractor”: any person or entity that is employed, assigned, leased or contracted by the prime contractor to carry out work in support of the prime contractor in the execution of a contract. 1.51 “Supplier/Vendor”: are generic terms which may include suppliers of goods and services, contractors and/or consultants. 1.52 “Supplier Database”: the list of accredited prospective providers which a municipality or municipal entity must keep in terms of Regulation 14 of the Supply Chain Management Regulations. 1.53 “Supply Chain Management (SCM) Regulations”: means the Municipal Supply Chain Management Regulations published in Government Gazette 27636 of 30 May 2005. 1.54 “Systems Act”: means the Local Government: Municipal Systems Act, 32 of 2000 1.56 “Tender/Tenderer”: means “bid/bidder” in the context of construction works procurement. 1.57 “Term Bid”: means rates based bid for the ad-hoc or repetitive supply of goods, services or construction works, where the individual rates are approved for use over a specified contract period. 1.58 “Treasury Guidelines”: means any guidelines on supply chain management issued by the Minister in terms of section 168 of the MFMA; 1.59 “Unsolicited Bid”: means an offer submitted by any person at Its own initiative without having been invited by the Municipality to do so.
Bid specifications may not create barriers in contract requirements in the forms of specifications, plans, drawings, designs, testing and test methods, packaging, marking or labelling of conformity certification. Bid specifications may not make any reference to any particular trade mark, name, patent, design, type, specific origin or producer, unless there is no other sufficiently precise or intelligible way of describing the characteristics of the work, in which case such reference must be accompanied by the words “or equivalent”. Bid specifications and/or bid documentation must indicate each specific goal for adjudication points may be awarded. Bid specifications and/or bid documentation must be approved by the Municipal Manager or his delegated authority prior to publication of the invitation for bids. Where specifications are based on standard documents available to bidders, a reference to those documents is sufficient. Bid Specification Committee All bid specifications and bid documentation must be compiled by an adhoc bid specification committee constituted for each project or procurement activity. The Bid Specification Committee shall be comprised of at least three Municipality officials, an appointed Chairperson, a responsible official and at least one Supply Chain Management Practitioner of the Municipality. Where appropriate a representative of Internal Audit and/or Legal Services and/or an external specialist advisor may form part of this committee. Green procurement must be incorporated as far as reasonable possible, for all specifications of goods, services and construction works.