INVITATION TO BID (SBD 1) YOU ARE HEREBY INVITED TO BID FOR THE FOLLOWING SPECIFIED SUPPLY REQUIREMENTS CLOSING DATE:

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1 INVITATION TO BID (SBD 1) YOU ARE HEREBY INVITED TO BID FOR THE FOLLOWING SPECIFIED SUPPLY REQUIREMENTS BID NUMBER: NRF/iThemba LABS/ :18 CLOSING DATE: 13 May 2016 CLOSING TIME 11:00 BID DESCRIPTION Acquisition, Installation, and Commissioning of an Induced Coupled Plasma- Optical Emission Spectrometer (ICP-OES) in the Department of Radionuclide Production at ithemba LABS, Faure, Cape Town Preferential Procurement System Applicable (points for price: points for procurement preference) 90 :10 BID DOCUMENTS ARE TO BE DEPOSITED IN THE BID BOX SITUATED AT: EITHER PHYSICALLY OR BY COURIER ithemba LABS Reception Area Old Faure Road Faure Cape Town 7131 Bidders should timeously deliver bids to the correct address. If the bid is late at the NRF address, it is not considered. The bid box is open from 08h00 to 16h30 South African times, 5 days a week (Monday to Friday). ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS IN THIS INVITATION (NOT TO BE RE-TYPED) WITH ADDITIONAL INFORMATION ON ATTACHED SUPPORTING SCHEDULES. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATIONS , THE GENERAL CONDITIONS OF CONTRACT AND SPECIAL CONDITIONS OF CONTRACT AS STIPULATED IN THIS INVITATION. Page 1 of 41

2 THE FOLLOWING PARTICULARS MUST BE FURNISHED AS LEAD PAGE OF THE BID RESPONSE BID NUMBER: NRF/iThemba LABS/ :18 CLOSING DATE: 13 May 2016 CLOSING TIME 11:00 NAME OF BIDDER (As stated on the Tax Clearance Certificate) REPRESENTED BY POSTAL ADDRESS PHYSICAL ADDRESS TELEPHONE NUMBER CODE NUMBER CELL PHONE NUMBER CODE NUMBER FACSIMILE NUMBER CODE NUMBER ADDRESS Page 2 of 41

3 (Stipulate) VAT REGISTRATION NUMBER: HAS AN ORIGINAL AND VALID TAX CLEARANCE CERTIFICATE BEEN SUBMITTED? YES or NO PREFERENCE CLAIM FORM BEEN SUBMITTED FOR YOUR PREFERENCE POINTS? (SBD 6.1) YES or NO (A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE MUST SUPPORT PREFERENCE POINTS CLAIMED) IF YES, WHO WAS THE B-BBEE CERTIFICATE ISSUED BY AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS); OR A REGISTERED AUDITOR [Tick Applicable Box] ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS/SERVICES/WORKS OFFERED? YES or NO IF YES ENCLOSE PROOF Page 3 of 41

4 ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE DIRECTED TO: Contact Person: Technical Enquiries: Ms Claudia Davids / Mr Stuart Dolley Tel: +27 (0) / claudia@tlabs.ac.za / stuart@tlabs.ac.za Contact Person: Supply Chain Management: Ms Natasja Pietersen / Mr Luyolo Sabsana Tel: +27 (0) / scm@tlabs.ac.za, npietersen@tlabs.ac.za, luyolo@tlabs.ac.za Page 4 of 41

5 RETURNABLE DOCUMENTS REQUIRED No of originals 1 Number of bid pack copies 4 Pack split into Technical and Yes/No Two envelope system Yes Awarding Sections required In the Single - Stage: Two - Envelope bidding procedure, Bidders submit two sealed envelopes simultaneously, one containing the Technical Proposal and the other the Price Proposal, enclosed together in an outer single envelope. Initially, only the Technical Proposals are opened at the date and time advised in the Bidding Document. The Price Proposals remain sealed and are held in custody by ithemba LABS. The Technical Proposals are evaluated ithemba LABS. No amendments or changes to the Technical Proposals are permitted. The objective of the exercise is ithemba LABS to evaluate the Technical Proposals without reference to price. Bids of bidders who do not conform to the specified requirements will be rejected as deficient Bids. Page 5 of 41

6 Technical Envelope 1. Technical Specification 2. Invitation to BID (SBD 1) 3. Supporting Documents Awarding/Pricing Envelope 1. Pricing 2. Completed Page RETURNABLE DOCUMENTS Please tick applicable Technical Specification Invitation to BID (SBD 1) Proof of Registration on CSD ( ) Original B BBEE Certificate (South African Companies) Yes/ No Yes/No Yes/No Yes/ No CIPRO Documents (South African Companies) Original Tax Clearance Certificate (South African Companies) Tax Confirmation Letter from Tax Authorities (Foreign Companies) Bidders to submit brochures and company profile A portfolio of projects covering a similar scope and works (restricted to a minimum of 3 projects). Yes/No Yes/No Yes/No Yes/No Three Contactable and written references for similar services rendered Service Agreement Training Plan Yes/No Yes/No Yes/No Yes/No Safety and Health Plan The bidder must number all the documents submitted as a control over documents submitted. Page 6 of 41

7 1. Background to the National Research Foundation and its business units The National Research Foundation ( NRF ) is a juristic person established in terms of section 2 of the National Research Foundation Act, Act 23 of The NRF is the government s national agency responsible for promoting and supporting research and human capital development through funding the National Research Facilities and science outreach platforms and programs to the broader community in all fields of science and technology, including natural science, engineering, social science and humanities. ithemba LABS (Laboratory for Accelerator-Based Sciences) is a multi-disciplinary research laboratory based at two sites in the Western Cape and Gauteng respectively, these provide facilities for: Basic and applied nuclear physics research using particle beams Particle radiotherapy for the treatment of cancer The supply of accelerator-produced radioactive isotopes for nuclear medicine and research 2. Purpose The equipment will be installed in the Department of Radionuclide Production at ithemba LABS at Faure, South Africa. The new Induced Coupled Plasma-Optical Emission Spectrometer (ICP-OES) will replace a 15 year old Yobin Yvon Induced Coupled Spectrometer. The new spectrometer will be used in routine Quality Control (QC) of Radionuclide product solutions, and in-process analyses of working solutions used in Radionuclide production processes. The machine is also expected to be used in promoting Research and Developmental work. 3. Objective of the bid ithemba LABS, as a National Facility of the National Research Foundation, seeks to appoint a service provider to provide, install, and commission an ICP-OES in the Department of Radionuclide Production at ithemba LABS, Faure, according to the specifications provided in this BID. Page 7 of 41

8 4. Scope of Works/Services to be rendered 4.1 Layout of facilities and the available space The layout of the existing laboratory and available desk space for the required spectrometer is 1750mm Length (L) x 800mm Width (W). Gas Storage Facilities reside outside the Laboratory and running water is available inside the laboratory. Gas Ventilation exists in the laboratory for removal of waste gas from the Spectrometer. Bidders are requested to make a BID proposal for the provisioning, installation, testing, commissioning, and handover including supervision of the installation of the spectrometer. The bidder has to provide any directives as to how the site at the Department of Radionuclide Production is to be prepared for installation of the spectrometer. Bidders are required to bid for a fully functional ICP-OES with all the relevant component parts. This includes the torch, nebulizer, cyclone chamber, drain, peristaltic pump, gas controller, RF generator, optical system, detector system and auto sampler. The bid must include an external control PC with accompanying control software. 4.2 Deliverables The main components in the system to be supplied are: The sample introduction system; Gas controller; RF generator; Cooling water circulator with connection kit; Optical system; Detector system; Auto sampler (including sample trays); Spares kit of common replacement items (nebulizer, torch, tubing, spray chamber, o- rings) and An external control PC with accompanying control software; Viewing of Plasma Testing of the equipment at the factory location before shipping; Testing on site; Supervision of the installation and commissioning; Validation which includes full Installation Qualification (IQ), Operational Qualification (OQ) and Performance Qualification (PQ); Training in use Page 8 of 41

9 After sales support Maintenance schedule and Warranties 4.3 Specifications of the components The ICP-OES is required for determining the concentration of metal contaminants in solutions accurately and repeatedly at the ultra-trace level limits i.e. parts per billion (ppb) and sub-ppb range. The aim of this bid is therefore to acquire and ICP-OES that complies with the minimum set of specifications as described in paragraphs to 16. The specifications listed included that for the ICP-OES components, the computer system, testing, installation, commissioning, validation, maintenance and support, training, delivery and standards. The specifications are: Existing infrastructure to house the spectrometer The physical space available for the implementation of all components pertaining to the bid is about 1.4 m 2 of laboratory desktop space. There is also at least the same amount of space available below this desktop Materials: The supply of the equipment must comply with parameters regulated by the engineering authorities in the country of manufacturing as well as in South Africa Specification for the ICP-OES The following component parts are expected to be provided: RF generator, ignition and power control, safety interlocks, Cooling water recirculating system with connection kit Sample introduction system Gas controller Optical system Detector system RF Generator, Ignition, Power Control, Safety Interlocks and Cooling Water Recirculating System The RF generator must provide a stable and consistent power supply to the plasma and the plasma must be maintained even when changing sample matrices. The plasma ignition will be PC controlled and totally automated but at a user determined time and turned off automatically after analysis. Factors such as water Page 9 of 41

10 flow, gas pressures, sample-compartment door closure and plasma stability must be constantly monitored and with interlock status indicated on the computer screen with safe shutdown of plasma if interlock is broken. The system should be corrosion resistant with self-diagnosing electronics that monitor instrument status and identify problems Cooling water recirculating system with connection kit The system must be water cooled by a water-recirculating system which must be maintenance free. The connection kit for the cooling water recirculating water recirculating system must be included Sample Introduction System The sample introduction system should comprise the following: The nebulizer must be easy to setup and be easily removable for maintenance; Quartz torch with automatic alignment and easy optimization; Auto sampler with X, Y and Z movement capability for automated analysis; PC controlled peristaltic pump with variable speed; A camera is preferred for continuous viewing of the plasma. This will assist with method development and also make remote diagnostics possible Gas Controller Gas flow must be automatically regulated within the range of 0-20 L/min in 0.1 L/min increments for plasma argon and L/min in 0.1 L/min increments for auxillary argon by PC controlled solenoid valves. A mass flow controller with variable flow between 0 and 2.0 L/min in 0.01 L/min increments is required for nebulizer argon. It must include a system for removing interferences and minimize the need for the addition of ionization suppressants Optical System A thermally stabilised optic system, preferably housed in a purged and thermostatted optical enclosure, with high stability, high analytical accuracy, and low detection limits and dynamic wavelength stabilization is required. It should contain duel view optics that enable radial (provides extended working ranges and eliminates ionization effects) and axial (provides lowest detection limits) viewing of the plasma for measurement of elements with high and low concentrations at the same time using the same method. Easy access for user serviceability/maintenance is required. Floor vibrations must not affect system performance. Page 10 of 41

11 Detector System The detector system must provide high resolution and performance across the entire wavelength range with one detector for Ultra Violet (UV) range and another for Visible (Vis) range, reducing interferences and increasing accuracy at the same time. High sensitivity and low electronic noise is required. The detector system should offer fast warm up and read-out with quick processing time Specifications for Computer Control System The system shall run on a modern PC with a Windows 7 (Microsoft) operating system to allow for future upgrades or replacements. The bidder must be clear as to the long-term support of the control system. Any system-specific hardware additions or modifications required shall be specified in advance and provided as part of the package. The software must support a user friendly interface and the bidder must specify the capabilities and what the control system can provide, including: All required hardware components. Software routines, libraries and licenses. Should provide a range of wizard based procedures and methods for rapid instrument setup, easy operation, and simple method development. Built in methods or easy steps to create own methods All documentation (including full operating and servicing manuals; safety and security requirements; system specification; and user s manual) must be provided. The control software must store all raw results and parameters in a single database for easy accessibility including the export of selected data to other applications for further processing. Provide a complete software infrastructure for calibration, full graphical display, QC reporting, printing, and extensive on line context sensitive help Verification and Certification It is required by ithemba LABS that the Spectrometer performance be validated and certified under an IQ/OQ/PQ paradigm. It is required of the bidder that he includes in the bid the basis for such qualification services. If specific software is required to perform these qualifications it must be clearly listed and included in the price quoted. Page 11 of 41

12 5. Bidders Capability and Capacity Bidders for this tender shall provide the following: 5.1 A portfolio of projects covering a similar scope and works (restricted to a minimum of 3 projects). 5.2 A list of at least 3 (three) contactable written references to be contacted for quality of work delivered. Bidders are required to provide a profile of themselves for evaluation of their capacity to supply the required equipment including resources including details of Agency or Distribution Agreements that they hold as well as details of equipment that they manufacture. Criteria Below Meets Above Expectations Expectations Expectations Telephone Support Response and Timing Uptime of Equipment i.e. Frequency of Breakdowns Spares Support and Availability Turn Around/Completion Times of work requested Satisfaction of Research done with the equipment Satisfaction with the work done. Overall Impression (i.e. would use again) 12

13 6 Training The supplier must provide Training on site after Installation and Commissioning of the equipment together with comprehensive sets of training manuals. The supplier must provide documentation of their capabilities in each of the service, applications, and training support for this new equipment. The supplier must provide a detailed training plan including proposed dates for the training. 7 Contract Management For unforeseen maintenance and repairs, quotation costs are to be determined at the time of such occurrence and submitted to the NRF Business Unit for consideration in accordance with contract performance clause and the NRF Business Unit will issue an official purchase order for the agreed cost of executing such unforeseen maintenance and repairs. Pre-determined channels of communication should be defined to facilitate the after sales support. 7.1 Maintenance and support Complete reference and user manuals should be provided for all of maintenance, control and operational use of all the systems pertaining to this BID. Bidders are to submit the required maintenance program for the system, detailing minor servicing, major servicing, procedures, cycles and specific times for maintenance schedules. The bidder must provide information on dedicated service organizations, supported by documentation including full disclosure of names, locations, training, and years of experience. A documented service agreement must be established with the bidder to be available for at least 5 years from the time of commissioning of the spectrometer to assist in matters related to maintenance and operation. The bidder must specify clearly how they will be able to supply spare parts and advice in maintenance and system faults correction during the projected 10 years life span of the spectrometer. The bidder must specify the time period for delivery of ordered parts for maintenance. The bidder must provide a list of indispensable spare parts with specifications and costs. This will not be part of the bid. The bidder must guarantee that they will have the needed spare parts or access to the required parts for maintenance and repairs. If the manufacturer has discontinued the supply of a particular spare part, the bidder 13

14 shall give ithemba LABS viable alternatives to acquiring the part from another manufacturer. 7.2 After sales support, contacts and communication If during the warranty period the equipment is not in working order, or not working satisfactorily owing to faulty material, design or workmanship, on notification the bidder will take immediate steps to rectify the defects and/or replace the affected parts on site and on own expense. The bidder must describe how they will ensure that the reported defects will be corrected and a plan of action should be drawn up that will guarantee that the repairs will be done in a reasonable period of time as agreed by both parties. Pre-determined channels of communication should be defined to facilitate the after sales support. 8 Scope of work for warranty The bidder agrees to provide the buyer with one year warranty after installation and commissioning date. Bidder should make available for assistance at no cost to the buyer during the period of warranty if problems arise in the operation of the Spectrometer. 9 Time for completion and delivery The bidder should stipulate: a. The time for delivery of the spectrometer to ithemba LABS from the time of placement of an official order should be within 8-12 weeks. b. The time required for installation to handover; this must include all required training as set out in paragraph 6. c. The bidder must clearly specify before commencement of the installation that the site chosen for the spectrometer is satisfactory. d. The installation and commissioning must be completed within 10 working days after delivery. 10 Applicable standards The Bidder shall comply with international standard for electrical systems and ensure that the Spectrometer and all of its component parts and systems satisfy the required local condition. 11 Safety and Health Administration The contracted supplier is solely responsible for the safety and well-being of its employees when working at the NRF s Business Unit. The contract supplier needs to supply ithemba 14

15 LABS with a Health and Safety plan as stipulated in the Construction Regulations 5 (1) of the Occupational Health and Safety Act no.85 of Prior to commencement of installation the contract supplier needs to complete an Indemnity form, the ithemba LABS Contractual obligations form and will be required to attend a Contractors Health and Safety induction prior to commencement of any works. 12 Testing, Installation, Commissioning and Handover The bidder will ensure that the spectrometer is tested properly at the factory and is operating optimally. Acceptance tests must be carried out at ithemba LABS after installation. The bidder agrees that personnel of ithemba LABS will be part of the people performing the acceptance tests. The specifications, as set in this document, have to be met, of which the most important points are listed below: The bidder must supervise all aspects of the installation process at ithemba LABS and the commissioning of the spectrometer, following a time plan that will be agreed upon. Documentation of the installation, testing, and commissioning must be provided as signed off work as proof of correct and successful completion. The bidder must provide a test suite of analyses as part of their documentation to ensure that the spectrometer is operating at the specified accuracy and analytical specifications advertised. 13 Site Inspection/Briefing Inspection After award the bidder must ensure that the infrastructure complies with the necessary norms for the installation and commissioning of the ICP-OES Spectrometer according to specifications in 4.3. A meeting between the bidder and the project managers at ithemba LABS shall take place to confirm that all specifications comply with infrastructure specifications as given in paragraph 4 as well as to make sure that all norms conform to international and South African regulations. 14 Product / Service Delivery Validation Invoices are submitted to NRF. Representatives of the NRF will validate that delivery of goods / works / services has been made and at the required quality and on time. No invoices for outstanding deliverables or for any unproductive or duplicated time spent by the service provider will be validated for payment. 15

16 15 Payment Intervals Only invoices supported by delivery validation documents approved by National Research Foundation and the supplier is accepted. Such invoices will be paid 30 days from statement date. Invoices shall be submitted to ithemba LABS. Representatives of ithemba LABS will validate that delivery of goods / works / services has been made and at the required quality and on time. No invoices for outstanding goods or services. 16 Penalties ithemba LABS shall apply a monetary penalty based on the contract price and calculated using the current prime interest rate for every day of late delivery of goods or services. (Refer to Clause 22 of the General Conditions of Contract (GCC) of the National Treasury). 16

17 17 Pricing Schedule for the Duration of the Contract (Standard Bidding Document SBD3.1 (Standard Bidding Document 3.1) (Fixed Price Contract) NOTE Only firm prices will be accepted. Non-firm prices (including prices subject to rates of exchange variations) will not be considered Price quoted is fully inclusive of all costs including delivery to the specified NRF Business Unit geographical address and includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies. Detailed information is optional and is provided as annexures to the details provided below. No changes or extensions or additional ad hoc costs are accepted once the contract has been awarded. Bid price to be quoted in South African (SA) Rand. Pricing is subject to the addition of Preference Points as stipulated in Section 23 below - Standard Bidding Document 6.1 Preference claim form. OFFER TO BE VALID FOR 150 days FROM THE CLOSING DATE OF BID. BID PRICE IN RSA RAND (ALL APPLICABLE TAXES INCLUDED) QUANTITY ITEM (unit of NO measure) DESCRIPTION OF WORKS / GOODS / SERVICES 1 1 RF Generator, ignition and power control, safety interlocks 2 1 Cooling Water Recirculator with connection kit 3 1 Sample Introduction System 4 1 Gas Controller 5 1 Optical System 6 1 Detector System 7 1 Computer Control System 8 1 Testing, Installation, Commissioning and Handover 9 1 IQ/OQ/PQ Validation/Certification BID/QUOTE PRICE 17

18 10 1 Training 11 Spares Spared kit of common replacement items e.g. nebulizer, torch, tubing, spray chamber, O-rings etc Maintenance Contract TOTAL ADDITONAL PRICE ITEMS OR DETAIL PRICE SCHEDULES ATTACHED YES NO Brand and model Attach information as additional schedules Country of origin Does the offer comply with the specification(s)? *YES/NO If not to specification, indicate deviation(s) in a separate attached schedule Period required for delivery *Delivery: Firm / Not Firm Delivery basis (on site, delivery on site) 18

19 20. Selection and Awarding of Contract 20.1 This bid is evaluated through a two stage process Stage 1 Technical Evaluation (Envelope One: Technical) Bidders bid response / submission is evaluated against the bid invitation specifications as well as the bidder s capacity and capability. Evaluation is made in accordance to published evaluation criteria and the scoring set for each criterion. All qualifying bidders are shortlisted for the awarding stage Stage 2 Price Evaluation (Envelope Two: Pricing) Bidders are compared on a fair and equal basis taking into account all aspects of the proposals. The award criterion are: Price with the lowest priced bid on an equal and fair comparison basis receiving the highest price score as set out in the 2011 Preference Regulations. Preference preference points as claimed in the preference claim form are added to the price ranking scores and the highest combined score is nominated for the contract award. Administration - Contracts are awarded where bidders have supplied the relevant administrative documentation especially the tax certificate. The bid evaluation committee will, after the closing date, evaluate all submitted proposals technical envelopes containing the technical information first. Only those bidders that achieve the minimum competence/delivery level as set out in this bid are evaluated in the second stage (Price and Preference). The minimum competency level for the technical evaluation is for bidders to score at least seventy (70%) on the technical evaluation. The Total Technical Points Scored is the total of the evaluations scored per category multiplied by the weighting percentage for each category expressed as a percentage of the Total Technical Points. Each evaluator s percentage thus calculated are aggregated and divided by the number of evaluators to establish an overall percentage mark Technical Evaluation Criteria Total Evaluation Score. = [Score x weighting x No of Evaluators] / [Maximum Score x 100 x No of Evaluators] Example Total Score [(3 x 40x 4) + (4 x 30 x 4) + (5 x 30 x 4)] / [5 x 100 x 4] = [1560 /2000] = 78% The following scoring system is utilised for this evaluation setting the points to be awarded and what this represents for each criteria in the matrix or to the entire matrix: 19

20 SELECTION CRITERIA NO. ELEMENT WEIGHT SCORE 1 Matching of Technical Specifications stipulated in the Bid Document: RF Generator, ignition and power control, safety interlocks Cooling Water Recirculator with connection kit Sample Introduction System 80 Gas Controller Optical System Detector System Computer Control System 2. Frequency of maintenance period and service time and capacity to hold essential spares for quick turnaround time 10 of downtime. 3. Track Record of Bidder (3 written and contactable references from suppliers who have purchased the same 10 instrument). See paragraph 5. TOTAL

21 Contract Management The award of this procurement is only completed once the contract or the contract form (SBD7) has been signed by the NRF and the appointed supply provider. The contract is inclusive of work, supplies and services and contract conditions as specified in this document. Where the nature and quantity of supplies are not determinable at the commencement of this contract, this is detailed in the specification section. Where supplies delivered quantity is variable as and when required, this is detailed in the specification section. All supplies required in this procurement contract are supplied in accordance with the following sub-process of: Request a detailed quotation/information/up to date information of the supply required, Evaluation of the supply quotation/information received against the contract and the as and when required requirements as specified on the request for information, Where necessary, request either further detail, Where necessary, negotiate upon value of supply quoted, and The issue of an official Works/Supply Instruction Purchase Order for the agreed supply prior to the commencement of the delivery of such required supply. The Purchase Order above specifies the exact description including catalogue numbers and unit pricing as in this contract as well as the quantity, date of the required delivery and location of the delivery. Contract Period The contract commences with immediate effect upon the signing of the Contract either through a full contract or through the Contract Form SBD7. Delivery Verification NRF representative verifies both delivery and performance prior to signing a certificate of delivery / installation / progress milestone / commissioning evidencing such performance. The Contractor must ensure such signed approved verification accompanies the subsequent supplier invoice. Supply Performance Management NRF representative measures the performance of the supplier in terms of the levels set in the procurement invitation. Poor performance is managed with the supplier as per the general clauses section. Penalties are applied for poor performance PREFERENCE POINTS CLAIMED (SBD 6.1) In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points are awarded to a Bidder for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor per B-BBEE Number of points per system B-BBEE Status Level of Contributor Number of points per system Certificate 90/10 per B-BBEE Certificate 90/ B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF THE ABOVE TABLE: 21

22 Level = 90:10 = (Points claimed substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). I/we, the undersigned, who is/are duly authorized to do on behalf of the company/firm, certify that the points claimed, based on the B-BBEE status level of contribution of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I/we acknowledge that: i. The information furnished is true and correct; ii. iii. iv. The preference points claimed are in accordance with the General Conditions as indicated in Paragraph 1 of this form. In the event of a contract being awarded as a result of points claimed as shown above, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; If the B-BBEE status level of contribution has 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 Bidder from the bidding process; b) Recover costs, losses or damages it has incurred or suffered as a result of that Bidder 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) Restrict the Bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding ten (10) years, after the audi alteram partem (hear the other side) rule has been applied; and forward the matter for criminal prosecution SUB-CONTRACTING (STANDARD BIDDING DOCUMENT 6.1) Will any portion of the contract be sub-contracted? Yes No If Yes, indicate: (i) What percentage of the contract will be subcontracted? % (ii) The name of the sub-contractor? (iii) The B-BBEE status level of the sub-contractor? (iv) Whether the sub-contractor is an EME? Yes No I/we, the undersigned, who is/are duly authorized to do on behalf of the company/firm, certify that the information is true and correct and I/we acknowledge that: i. A Bidder will not be awarded points for B-BBEE status level if it is indicated in the Bid documents that such a Bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a Bidder qualifies for, 22

23 ii. unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract. A Bidder awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the Bidder concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 23

24 Conditions of Contract NATIONAL TREASURY GENERAL CONDITIONS OF CONTRACT General Conditions of Contract, as issued by National Treasury, are part of this contractual agreement and are detailed below. CLAUSES IN THIS BID INVITATION CONDITIONS OF CONTRACT All clauses stipulated in this Procurement invitation form part of the Conditions of Contract applying to this document. RESPONSE PREPARATION COSTS The NRF is NOT liable for any costs incurred by a bidder in the process of responding to this Procurement Invitation, including on-site presentations and the proposal a service provider may make and/or submit. CANCELLATION PRIOR TO AWARDING The NRF has the right to withdraw and cancel the Procurement Invitation. LATE BIDS RECEIVED Bids submitted after the stipulated closing date (and time) is not considered. COLLUSION, FRAUD AND CORRUPTION Any effort by Bidder/s to influence evaluation, comparisons or award decisions in any manner may result in the rejection of the bidder concerned. CONFIDENTIALITY The successful Bidder agrees to sign a general confidentiality agreement with the NRF. VALIDATION OF SUBMITTED DOCUMENTATION The NRF has the right to have any documentation submitted by the Bidders inspected by another technical body or organisation. PRESENTATIONS AND PROOF OF FUNCTIONALITY The NRF has the right to call interviews/presentations/pitching sessions as well as proof of functionality sessions with short-listed service providers before the final selection. INFORMATION PROVIDED IN THE PROCUREMENT INVITATION 24

25 All information contained in this document is solely for the purposes of assisting Bidders to prepare their Bids. Any use of the information contained herein for other purpose than those stated in this document is prohibited. INTELLECTUAL PROPERTY PROVIDED IN THE BID INVITATION The ownership and intellectual property rights of all designs, specifications, programming code and all other documentation provided by the NRF to the Bidder, both successful and unsuccessful, remain the property of the NRF INTELLECTUAL PROPERTY CONTAINED IN THE DELIVERABLES The ownership and intellectual property rights of all designs, specifications, programming code and all other documentation required as part of the delivery to the NRF reside with the NRF. DEFINITIONS The following terms shall be interpreted as indicated: Closing time means the date and hour specified in the bidding documents for the receipt of bids. Contract means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. Contract price means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. Country of origin means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. Day means calendar day. Delivery means delivery in compliance of the conditions of the contract or order. Delivery ex stock means immediate delivery directly from stock actually on hand. Delivery into consignees store or to his site means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is 25

26 obtained. "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. Force majeure means an event beyond the control of the supplier and not involving the supplier s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial noncompetitive levels and to deprive the bidder of the benefits of free and open competition. GCC means the General Conditions of Contract. Goods means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. Imported content means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured. Local content means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. Manufacture means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. Order means an official written order issued for the supply of goods or works or the rendering of a service. Project site, where applicable, means the place indicated in bidding documents. Purchaser means the organization purchasing the goods. Republic means the Republic of South Africa THIS PROCUREMENT INVITATION means the Special Conditions of Contract. Services means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. Written or in writing means handwritten in ink or any form of electronic or mechanical writing. 26

27 Application These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents. Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. General Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged. With certain exceptions, invitations to bid are only published in the Government Tender Bulletin. The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from Standards The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. Use of contract documents and information; inspection The supplier shall not, without the purchaser s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. The supplier shall not, without the purchaser s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier s performance under the contract if so required by the purchaser. The supplier shall permit the purchaser to inspect the supplier s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. 27

28 Patent rights The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. Performance security Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in the THIS PROCUREMENT INVITATION. The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier s failure to complete his obligations under the contract. The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: (a) (b) bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or a cashier s or certified cheque The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier s performance obligations under the contract, including any warranty obligations, unless otherwise specified in THIS PROCUREMENT INVITATION. Inspections, tests and analyses All pre-bidding testing will be for the account of the bidder. If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the Department or an organization acting on behalf of the Department. If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in accordance with the contract requirements, the cost of the inspections, tests and analyses 28

29 shall be defrayed by the purchaser. Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier. Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected. Any contract supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the contract. Failing such removal the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC. Packing The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods final destination and the absence of heavy handling facilities at all points in transit. The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in THIS PROCUREMENT INVITATION, and in any subsequent instructions ordered by the purchaser. Delivery and documents Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified in THIS PROCUREMENT INVITATION. Documents to be submitted by the supplier are specified in THIS PROCUREMENT INVITATION. 29

30 Insurance The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the THIS PROCUREMENT INVITATION. Transportation Should a price other than an all-inclusive delivered price be required, this shall be specified in the THIS PROCUREMENT INVITATION. Incidental services The supplier may be required to provide any or all of the following services, including additional services, if any, specified in THIS PROCUREMENT INVITATION: (a) (b) (c) performance or supervision of on-site assembly and/or commissioning of the supplied goods; furnishing of tools required for assembly and/or maintenance of the supplied goods; furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; (d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and (e) training of the purchaser s personnel, at the supplier s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services. Spare parts As specified in THIS PROCUREMENT INVITATION, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier: (a) (b) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and in the event of termination of production of the spare parts: (i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and (ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested. 30

31 Warranty The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser s specifications) or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination. This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in THIS PROCUREMENT INVITATION. The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the supplier shall, within the period specified in THIS PROCUREMENT INVITATION and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in THIS PROCUREMENT INVITATION, the purchaser may proceed to take such remedial action as may be necessary, at the supplier s risk and expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract. Payment The method and conditions of payment to be made to the supplier under this contract shall be specified in THIS PROCUREMENT INVITATION. The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other obligations stipulated in the contract. Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by the supplier. Payment will be made in Rand unless otherwise stipulated in THIS PROCUREMENT INVITATION Prices Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the supplier in his bid, with the exception of any price adjustments authorized in THIS PROCUREMENT INVITATION or in the purchaser s request for id validity extension, as the case may be. 31