Itil training for ppecb staff (10 participants)

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:

CONTACT PERSON CONTACT PERSON

TELEPHONE NUMBER TELEPHONE NUMBER

FACSIMILE NUMBER FACSIMILE NUMBER

E-MAIL ADDRESS E-MAIL ADDRESS

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION

NUMBER

SUPPLIER TAX CENTRAL

COMPLIANCE STATUS COMPLIANCE SUPPLIER

OR SYSTEM PIN: DATABASE

No: MAAA

B-BBEE STATUS TICK APPLICABLE BOX] B-BBEE STATUS LEVEL SWORN [TICK APPLICABLE BOX]

LEVEL VERIFICATION AFFIDAVIT

CERTIFICATE

Yes No Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN

ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

ARE YOU THE

ACCREDITED

ARE YOU A FOREIGN BASED

REPRESENTATIVE IN Yes No SUPPLIER FOR THE GOODS

SOUTH AFRICA FOR Yes No

/SERVICES /WORKS OFFERED?

THE GOODS [IF YES, ANSWER THE

/SERVICES /WORKS [IF YES ENCLOSE PROOF] QUESTIONNAIRE BELOW ]

OFFERED?

QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO

DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS

SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.

SBD1

PART B

TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:

1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR

CONSIDERATION.

1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR IN THE MANNER PRESCRIBED

IN THE BID DOCUMENT.

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE PREFERENTIAL

PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER

SPECIAL CONDITIONS OF CONTRACT.

1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE

THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE

WWW.SARS.GOV.ZA.

2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE

TCS CERTIFICATE / PIN / CSD NUMBER.

2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD

NUMBER MUST BE PROVIDED.

2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE

PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE

STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

SIGNATURE OF BIDDER: ...................................................

CAPACITY UNDER WHICH THIS BID IS SIGNED: ...................................................

(Proof of authority must be submitted e.g. company resolution)

DATE: ...................................................

SBD4

BIDDER’S DISCLOSURE

1. PURPOSE OF THE FORM

Any person (natural or juristic) may make an offer or offers in terms of

this invitation to bid. In line with the principles of transparency,

accountability, impartiality, and ethics as enshrined in the Constitution of

the Republic of South Africa and further expressed in various pieces of

legislation, it is required for the bidder to make this declaration in respect

of the details required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and /

or the List of Restricted Suppliers, that person will automatically be

disqualified from the bid process.

2. Bidder’s declaration

2.1 Is the bidder, or any of its directors / trustees / shareholders / members /

partners or any person having a controlling interest1 in the enterprise,

employed by the state? YES/NO

2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if

applicable, state employee numbers of sole proprietor/ directors /

trustees / shareholders / members/ partners or any person having a

controlling interest in the enterprise, in table below.

Full Name Identity Number Name of State

institution

2.2 Do you, or any person connected with the bidder, have a relationship

1 the power, by one person or a group of persons holding the

majority of the equity of an enterprise, alternatively, the person/s

having the deciding vote or power to influence or to direct the

course and decisions of the enterprise.

SBD4

with any person who is employed by the procuring institution? YES/NO

2.2.1 If so, furnish particulars:

................................................................................................

................................................................................................

2.3 Does the bidder or any of its directors / trustees / shareholders /

members / partners or any person having a controlling interest in the

enterprise have any interest in any other related enterprise whether or

not they are bidding for this contract? YES/NO

2.3.1 If so, furnish particulars:

........................................................................................

........................................................................................

Provide a proposal on the Training content which includes the following topics:

Understanding best practices in IT Services Management

Improve service delivery, quality and efficiency

Services strategy and design

Service transition and operation

Continual services improvement

Incident, problem, change and release management

Service desk manager

IT consultant

Standardizing IT process

Improve customer satisfaction

Alignment of IT services with business goals

Cost control and risk reduction

Ability to provide training Online via MS Teams

Provision of Certificates of Competency

TERMS AND CONDITIONS OF BID

5.1 Bid Submission

All quotations must be submitted to the address and instructions as stipulated in the SBD1 or in the

following method: Via email to [email protected]

Or

submitted electronically via Microsoft One Drive and shared with this email address. This submission must

contain all information and documentation relating to the RFQ/HC/ITIL/TRAINING/2026/01

5.2 Closing Date.

5.2.1 Bids must be delivered by the stipulated date and time to the correct address. Late bids will not

be accepted for consideration.

5.2.2 PPECB reserves the right to extend the closing date. Bidders invited to bid, will be informed should

the closing date change.

5.3 Revisions to Request for Quotation.

If it becomes necessary to revise any part of this Request for Quotation, an addendum setting out such

revisions will be provided to all Service Providers by email.

5.4 Bid Validity Period

The quotation must be valid for the duration specified on (Bid Validity Period).

5.5 CSD Registration

5.5.1 Only bid responses from bidders that are registered on the Central Supplier Database (CSD) will

be considered.

5.5.2 Bidders are required to register on the CSD and to include in the SBD1 the Master Registration

Number in order to enable the PPECB to verify the supplier’s status on the CSD.

5.5.3 Responses from bidders not registered on the CSD at bid closing time or bidders that is prohibited

from doing business with the state will be disqualified.

5.6 Acknowledgement and Acceptance

The bidder warrants by signature in this document that the bidder has read and accepts each page of the

RFQ, including the terms and conditions of this bid.

5.7 Insurance

5.7.1 The successful Service Provider will be responsible for its work and every part thereof, and for all

materials, tools, equipment, appliances, and property of all descriptions issued in connection with

this Request for Quotation.

5.8 Response Preparation Cost and Ongoing Engagement

The PPECB is not liable for any costs incurred by a bidder in the process of responding to this Bid Invitation,

including on-site presentations.

5.9 Reservations

5.9.1 PPECB’s decision/s regarding the acceptance or non-acceptance of a quotation shall be final and

PPECB is not obliged to furnish any reason for such decision.

5.9.2 Quotations shall be considered and evaluated against a pre-determined evaluation value

structure determined by PPECB. All Suppliers shall provide all information requested in this RFQ

to facilitate the evaluation process. Suppliers shall strictly adhere to the instructions stated in this

RFQ.

5.9.3 PPECB may, during and after the evaluation of the Quotations and in its sole and absolute

discretion, decide to:

Accept a Quotation other than the lowest priced quotation.

Refuse to consider any Quotation not conforming with the requirements of this RFQ;

Ask any Service Provider to supply further information after the closing date;

Cancel this RFQ or any part thereof at any time.

Award the contract pursuant to this RFQ or any part thereof to any one or more Suppliers,

Not to award the quotation at all.

5.10 Data Protection

5.10.1 Any personal information and Confidential Information of the PPECB which may be provided

during the bidding process may only be processed by the bidder for the purposes of this bid.

5.11 News and press releases.

5.11.1 Bidders or their agents shall not make any news releases concerning this RFQ or the awarding

of the same or any resulting agreement(s) without the consent of, and then only in co-ordination

with PPECB.

5.12 Disclaimer

5.12.1 This RFQ is a request for quotation only and not an offer document; answers to it must not be

construed as acceptance of an offer or imply the existence of a contract between the parties.

5.12.2 By submission of its quotation, bidders shall be deemed to have satisfied themselves with and to

have accepted all Terms & Conditions of this RFQ.

5.12.3 The PPECB makes no representation, warranty, assurance, guarantee or endorsements to bidder

concerning the RFQ, whether with regard to its accuracy, completeness or otherwise and the

PPECB shall have no liability towards the bidder or any other party in connection therewith.

5.13 General Terms and Conditions

5.13.1 The attached terms and conditions must be signed and send back with the RFQ response.

COMPLIANCE DOCUMENTS

The following documents are required for the quotation to be considered for evaluation process.

SBD1 – Invitation to bid;

SBD4 - Bidder’s Disclosure;

Valid Tax Clearance Certificate or Pin;

Valid BEE Certificate or EME/QSE Affidavit;

SBD6.1 – Preference Point Claim Form;

Central Supplier Database Registration (CSD) Report – Proof of CSD registration.

RFQ EVALUATION PROCESS AND CRITERIA

All quotations or bids will be evaluated according to the following stages. Should a bidder fail any of the

previous stages, they will be disqualified and not be considered for the next evaluation stage.

7.1 Stage 1 – Compliance Evaluation

Bidders must comply with all the terms and conditions of the RFQ and must submit all returnable documents

as listed in Section 6. Bidders must ensure that they complete and sign returnable documents.

7.2 Stage 2 - Functional/Technical Evaluation

A technical evaluation will be conducted to determine the preferred supplier.

Weighted Functional Criteria

Bidders will be evaluated based on the following Weighted Functional Evaluation Criteria.

Minimum Maximum

No. Evaluation Criterion

Points points

Training Provision and Capabilities

The bidder’s proposal must provide confirmation that the proposed

training meet all the

minimum requirements stipulated in the scope of services.

25 • The bidder to outline the course content

Training Scope

Ability to provide Online Training via Microsoft Teams

Durations per session

Bidder to provide certificate of competency

Five (5) points will be allocated for each point above.

Facilitator’s Experience and Curriculum Vitae

The bidder to provide a summary of the CVs of the proposed facilitators,

experience and names of qualifications/accreditations.

CV and relevant qualification with 3 to 5 years of experience in

20 ITIL related = 20 points

CV and relevant qualification with less than 3 years of experience

in ITIL related = 10 points

CV not attached and no relevant qualification = 0

References

The reference should be services similar or relevant to the scope of work

i.e., ITIL related. Bidders are required to complete Annexure A fully. If

reference letters can be provided, these can be attached to Annexure A. 15

Three or more contactable references - 15 points

Two contactable references - 10 Points

Less than two contactable references - 0 points

Total Points 60

Functional Threshold

The minimum functional threshold is 50 Points. Bidders who score less than this threshold will be

disqualified and not considered for any further evaluation.

Bidders that passed the previous evaluation stage(s) will be evaluated on one of the following two options:

7.3 POINTS AWARDED FOR SPECIFIC GOALS

3.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,

preference points must be awarded for specific goals stated in the tender. For the purposes of this

tender the tenderer will be allocated points based on the goals stated in table 1 below as may be

supported by proof/ documentation stated in the conditions of this tender:

3.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that,

if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of state must,

in the tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10 preference

point system will apply and that the highest acceptable tender will be used to determine the

applicable preference point system: or

(b) any other invitation for tender, that either the 80/20 preference point system will apply and that

the lowest acceptable tender will be used to determine the applicable preference point system,

then the organ of state must indicate the points allocated for specific goals for both the 90/10 and

80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

(Note to organs of state: Where the 80/20 preference point system is applicable, corresponding

points must also be indicated as such.

(Note to tenderers: The tenderer must indicate how they claim points for each preference point

system.)

No Specific Goal Supporting Evidence Preference Points Number of

points claimed

(80/20 system)

(To be

completed by

the bidder)

3 Small business Proof of B-BBEE status level of Total Points: 20

including EMEs contributor, specifically in line with the EME= 20

or QSEs; respective Sector Codes which the QSE= 20

company operates - SANAS Approved

certificate or Commissioned affidavit or Generic = 5

Annual Financial Statements

Total Specific Goals 20

7.4 Stage 4 - Objective Criteria

In terms of Preferential Procurement Regulation 11 and section 2(1)(f) of the Preferential Procurement

Policy Framework Act, the PPECB may consider the following objective criteria in the bid award:

7.4.1 The risk of fruitless and wasteful expenditure to the PPECB.

7.4.2 The risk of an abnormally low bid.

7.4.3 The risk of a material irregularity.

7.4.4 The PPECB reserve the right not to consider bids from Bidders who are currently in litigation with

the PPECB; and

7.4.5 The PPECB further reserve the right not to award this tender to any Bidder based on the proven

poor record of accomplishment of the Bidder in previous projects within the PPECB and the

referee submitted by the Bidder.

SPECIFICATION APPROVAL

Specification Expert: ..................................... Date: ..........................................26/01/2026

Executive: .......................................................... Date: ..........................................

DECLARATION BY THE BIDDER

Only bidders who have completed the declaration below will be considered for evaluation.

RFQ No: RFQ/HC/ITIL/TRAINING/2026/01

I hereby undertake to render services described in the attached RFQ documents to PPECB in accordance

with the requirements and task directives / quotation specifications stipulated in RFQ mentioned above at

the price/s quoted. My offer/s remains binding upon me and open for acceptance by the PPECB during the

validity period indicated and calculated from the closing date of the quotation.

I confirm that I am satisfied with the correctness and validity of my quotation; that the price(s) and rate(s)

quoted cover all the services specified in the quotation documents; that the price(s) and rate(s) cover all

my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my

own risk.

I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving

on me under this quotation as the principal liable for the due fulfilment of this quotation.

I declare that I have not participated in any collusive practices with any bidder or any other person regarding

this or any other quotation.

I accept that the PPECB may take appropriate action should there be a conflict of interest or if this

declaration proves to be false.

I confirm that I have read and accept each page of this RFQ.

I confirm that I am duly authorized to sign this quotation.

NAME (PRINT) ......................................... Signature ........................................

WITNESSES:

1 .................................................

2 .................................................

Annexture A

No. Client Contact person Description/Scope of the work Duration

details (number

and email)

Example PPECB Sango Jikani Configuration, security settings, and overall 2016 to 2022

+27 21 930 1134 management of the on-premises AD

[email protected] environment, identifying potential risks and

areas for improvement

6.

If more space is required, kindly make a copy of this page and attach.

PURCHASE ORDER TERMS AND CONDITIONS discloses any Confidential Information in 2. ACKNOWLEDGEMENT AND ACCEPTANCE OF

terms of this Agreement; THE ORDER

The following Terms and Conditions apply between the 1.1.5. “Goods” means the movable Goods to be 2.1. Acceptance of the order must be acknowledged

PPECB and the SUPPLIER. supplied and delivered by the Supplier to the by the SUPPLIER in writing.

PPECB, as described in the Purchase Order; 2.2. Without such written acceptance, execution of the

INTERPRETATION AND APPLICABILITY 1.1.6. “PPECB” means the Perishable Products order whether partially or complete, is in itself an

1.1. In this Terms and Conditions of Purchase, unless Export Control Board; acceptance of the Purchase Order and this Terms

the context indicates otherwise; 1.1.7. "Personal Information" is Personal and Conditions by the SUPPLIER.

1.1.1. “Agreement” / “Terms and Conditions” Information as defined in the Protection of

means this Purchase Order Terms and Personal Information Act No. ; 3. PRICES

Conditions; 1.1.8. “Purchase Order” means the Purchase 3.1. FIXED PRICES

1.1.2. "Confidential Information" means any Order issued for this transaction and to which 3.1.1. Unless otherwise agreed upon by the PPECB

information or data, including any Personal these Terms and Conditions are attached; and the SUPPLIER in writing, prices shall be

Information, shared by the Disclosing Party 1.1.9. "Receiving Party" means the Party, other considered to be fixed and will not be subject

which by its nature or content is identifiable as than the Disclosing Party, to the extent that it to change.

confidential and/or proprietary to the receives any Confidential Information from 3.1.2. For avoidance of doubt, clause 3.1.1 includes

Disclosing Party and/or any third party, or the Disclosing Party; prices subject to fluctuations in the exchange

which is provided or disclosed in confidence 1.1.10. “Services” means the Services to be rate, the price quoted must be done on a fixed

and which the Disclosing Party or any person rendered by the Supplier to the PPECB as rate of exchange and will not be subject to

acting on its behalf may disclose or provide to described in the Purchase Order; change.

the Receiving Party or which may come to the 1.1.11. “SUPPLIER” means the natural person or 3.1.3. Prices will include the cost of delivery as per

knowledge of the Receiving Party by juristic person described in the Purchase the delivery address indicated on the

whatsoever means, including all information Order. Purchase Order.

relating to the Disclosing Party's current and 1.2. Save for as set out below, in the event of any 3.1.4. Where prices are subject to change, such

existing strategic objectives, its business conflict, ambiguity or inconsistency between changes will be calculated on the basis set

activities, business relationships, technical, these Terms and Conditions and any other out in the Purchase Order, or as accepted by

scientific, commercial, financial and market document relating to this transaction, including the PPECB in writing.

information and trade secrets, data any Terms and Conditions in any invoice, 3.1.5. Should the basis not have been agreed upon

concerning its architectural information, proposal or other SUPPLIER document, these prior to the issue of this order, then

demonstrations, processes and machinery, Terms and Conditions shall prevail. documentary proof of all changes shall be

all agreements to which it or its clients is/are 1.3. Any Terms and Conditions incorporated in or furnished by the SUPPLIER and the price

a Party, information relating to the Services affixed to the SUPPLIER’s quotation will be of no shall then be subject to acceptance by the

and information relating to its clients and force and effect, unless the PPECB has agreed to PPECB in its sole discretion.

facilities; them, or to any part thereof, expressly and in 3.1.6. If the changed price is unacceptable, then the

1.1.3. "Data Protection Legislation" means any writing. PPECB shall be entitled to cancel the order

and all applicable laws relating to data 1.4. These Terms and Conditions will only apply and with immediate effect and without prejudice.

protection in force in the Republic of South be binding on the Parties where there is no 3.1.7. Unless stipulated to the contrary in the order,

Africa, including but not limited to the agreement in place between the Parties additional charges of whatsoever nature will

Protection of Personal Information Act No. 4 regarding the purchase of the item/s and/or not be accepted by the PPECB unless the

of 2013; service/s, described in this Purchase Order. SUPPLIER has obtained acceptance in

1.1.4. "Disclosing Party" means either Party writing of such additional charges prior to the

and/or any third Party to the extent that it performance or delivery of this order.

cost, the remaining portion of the order as per the 6.4. No charges will be allowed for containers, crating

3.2. DISCOUNT new agreed delivery date. boxing, drayage, etc. unless agreed to between

3.2.1. All discounted rates, including early payment, 5.3. If the SUPPLIER fails to deliver the Goods and/or the Parties prior to delivery of any orders.

should be communicated to the PPECB and Services on or before the delivery date, and fails

reflected as a separate invoiced amount. to notify the PPECB of any delays, or then fails to 7. QUALITY AND SPECIFICATION

deliver as per the new agreed date, then the 7.1. Goods and Services delivered shall be in

TERMS OF PAYMENT PPECB reserves the right to cancel the order compliance with the order and shall be to the

4.1. Unless other arrangements have specifically entirely or partially, and in which event the complete satisfaction of the PPECB. If the Goods

been agreed upon in writing, the PPECB shall pay PPECB shall, at its sole discretion, be entitled to do not comply with these requirements, the

the SUPPLIER for the Goods and Services within recover any loss or damages suffered as a result PPECB shall, at its sole discretion, be entitled to:

thirty (30) days of the receipt by the PPECB of a of late delivery by the SUPPLIER, or the 7.2. Call upon the SUPPLIER to make good any

correct, undisputed, and properly due statement. cancellation of this order by the PPECB. defects in workmanship and material within a

4.2. The PPECB shall not be liable for any amounts 5.4. Any Goods delivered that do not comply with the specified period at the cost of the SUPPLIER; or

not explicitly set out in the Purchase Order, or as specifications of this order, or out of box failures 7.3. Refuse to take delivery, or, having taken delivery,

agreed by the Parties in writing. shall be returned / collected by the SUPPLIER at to reject the Goods and service and to recover

the SUPPLIER’s own cost. from the SUPPLIER all direct costs and damages

4.3. INVOICING 5.5. The PPECB reserves the right to amend the sustained by the PPECB arising from the

4.3.1. Invoices, reflecting the PPECB order number, delivery date originally specified in this order SUPPLIER’s breach of the conditions; or

shall be submitted to the PPECB by the provided that the date of delivery shall not be 7.4. Purchase Goods and Services of the specified

SUPPLIER within seven (7) days of the date advanced without the consent of the SUPPLIER. quality on the open marker, in which case, the

of delivery of the Goods, if it is not delivered 5.6. All Goods and/or Services delivered must be excess between the price then paid and the price

with the Goods. accompanied by a delivery note and every agreed to in terms of this order shall be payable

4.3.2. Each invoice must be a valid tax invoice and delivery note or invoice delivered shall: by the SUPPLIER to the PPECB.

shall contain a sufficient and correct 5.6.1. Be accompanied by a waybill which shall

description of the Goods and/or Services and reflect the SUPPLIER’s name, PPECB order 8. CONFIDENTIALITY

must reflect the correct order number as set number, and an accurate description of the 8.1. The Parties shall keep confidential and shall not

out in the Purchase Order. Goods delivered; and disclose to any third Party (other than for the

5.6.2. Include the serial number of equipment, purposes of performing Services under this

DELIVERY where applicable. Agreement) any of the Confidential Information

5.1. The SUPPLIER shall immediately notify the disclosed to either Party during the discussions or

PPECB in the event that the SUPPLIER’s timely 6. PACKAGING AND SHIPMENT negotiations or implementation of this Agreement

performance under this Purchase Order is 6.1. All equipment ordered shall be suitably packed or or at any time thereafter.

delayed or likely to be delayed, in whole or part, otherwise prepared and to meet shipping agent 8.2. The provisions of 8.1 shall not apply to any

and the SUPPLIER shall provide all available requirements. confidential information which:

information of such delay. Such notice shall not 6.2. Returnable containers shall be clearly marked as 8.2.1. is or hereafter becomes part of the public

constitute a waiver by the PPECB of any of the returnable and show the name of the SUPPLIER domain (otherwise than as result of a breach

SUPPLIERs obligations hereunder. and the price chargeable if not returned. of the provisions of 8.1 above);

5.2. If only a portion of the order is available for 6.3. If the shipment is not forwarded according to the 8.2.2. can be shown to have been lawfully in the

delivery, the SUPPLIER shall, on agreement by PPECB’s instructions, the difference in cost will possession of the Receiving Party, or its

the PPECB, deliver the available Goods and/or be charged to the SUPPLIER. affiliates, prior to its disclosure and is not

Services, and deliver, at the SUPPLIER’S own subject to any existing Contract between the

Parties and/or their affiliates;

8.2.3. is acquired by a Party or its affiliates 9.4. In the event of termination or cancellation of this the SUPPLIER guarantees the Goods and

independently from a third Party, who lawfully Agreement, the SUPPLIER shall return all Services delivered to be as specified in this order

acquired such information without restriction, PPECB Intellectual Property to PPECB. and free from defects in workmanship and

or information which acquired or developed 9.5. Neither Party’s trademarks nor brands shall be material for a period of not less than twelve (12)

by a Party or its affiliates independently used by the other Party for any purpose without months from the date of delivery. This guarantee

without access or reference to Confidential obtaining prior written consent of the relevant shall be over and above any rights and remedies

Information of the Disclosing Party; or Party and then only in the manner prescribed. which the PPECB has at law. The SUPPLIER

8.2.4. is disclosed or released with prior written shall replace, free of charge, all such Goods and

authorisation by the Disclosing Party to 10. INDEMNITY Services which fails to meet this guarantee.

satisfy an order of Court or otherwise comply 10.1. The SUPLLIER hereby indemnifies the PPECB

with the provisions of any law or regulation in against any loss or damage to the property or 13. TRADEMARKS AND PATENTS

force at the time. person resulting from or in connection with the 13.1. The SUPPLIER shall indemnify the PPECB

8.3. In the event of termination or cancellation of this work or Goods or materials furnished by the against any and all liability, damage, costs, claims

Agreement, the SUPPLIER shall return all SUPPLIER or by any sub-contractor hereunder. or expenses which may be suffered by the

PPECB Confidential Information to PPECB or 10.2. SUPPLIER confirms that it is aware of the PPECB by reason of any claims, demands or

destroy such Confidential Information and provide provisions of section 21 of the Perishable actions brought against the PPECB and/or its

a signed certificate of destruction, at PPECB’s Products Export Control Act . customers for actual or alleged infringement of

election. SUPPLIER indemnifies and holds the PPECB, any trade Mark, Letters Patent, Copyright or other

its employees, officials, and board members similar protection by reason of the manufacture of

harmless against any claim as envisaged in the9. INTELLECTUAL PROPERTY Goods or materials covered by this order by the

said section 21, notwithstanding the provisions 9.1. All Intellectual Property Rights belonging to a SUPPLIER, the resale thereof by the PPECB, or

of Section 20.

Party and/or its licensors prior the Effective Date use of said Goods or materials or any part thereof

will remain vested in that Party and/or its for purpose known to SUPPILER.

RISK

licensors.

11.1. The SUPPLIER shall be liable for all loss and

9.2. Unless agreed by the Parties to the contrary, 14. RESTRICTED DATABASE OF SUPPLIERS

damage to the Goods from whatsoever cause

reduced to writing and signed by both Parties, all 14.1. The PPECB may terminate this agreement with

arising, until the Goods have been delivered to

Intellectual Property rights in all proposals and immediate effect if the SUPPLIER is listed on

and accepted by the PPECB, or its receiving

documentation furnished by the PPECB in or in National Treasury’s database of restricted

agent. Rejected Goods shall be held by the

relation to this Agreement are and shall remain at suppliers.

PPECB for collection by the SUPPLIER if

all times vested in the PPECB.

required, at the SUPPLIER’s sole risk and cost. 15. DISPUTES 9.3. All Intellectual Property Rights in and to any

Such rejected Goods shall, at the PPECB’s sole 15.1. If there is any dispute regarding the interpretation PPECB Materials shall vest in and shall remain

discretion, be replaced with new Goods meeting of this Agreement, or if there is any other dispute vested in PPECB and where the SUPPLIER is

the required specifications by the SUPPLIER between the Parties arising from or in connection provided access to any PPECB Materials, the

forthwith with this Agreement or action taken pursuant to SUPPLIER shall use such PPECB Materials

11.2. The PPECB cannot be held liable for any loss, its provisions or its termination, the Parties shall strictly in accordance with the terms of this

direct or indirect, including loss to third Parties, make every effort to resolve amicably such Agreement. the SUPPLIER shall perform all such

arising while Goods ordered are in transit prior to dispute or difference by mutual consultation. This actions and take all such steps as may be

delivery. clause does not detract from a party’s right to reasonably required for the purpose of preserving

or perfecting such vesting and shall only use institute action or motion proceedings in the High

GUARANTEE Court or any other Court of competent jurisdiction PPECB Intellectual Property in accordance with

12.1. The SUPPLIER undertakes to deliver Goods and in respect of any dispute that may arise out of or this Agreement.

Services that are free from defects. Further to this in connection with this Agreement.

15.2. If after thirty (30) days the Parties have failed to

resolve their dispute or difference by mutual

consultation, then such matter ("the Dispute")

shall be determined by an independent expert in

the particular field.

15.3. Within 5 (five) days after the failure to resolve the

dispute, the Parties shall agree upon such

independent expert.

15.4. Such expert shall act as an expert and not as an

arbitrator and shall in his sole discretion lay down

the procedure to be followed and the manner in

which evidence, if any, shall be allowed.

15.5. The dispute shall be determined in Cape Town,

Republic of South Africa.

15.6. This Agreement shall be governed by the laws of

the Republic of South Africa.

AMENDMENT OF THE ORDER

16.1. Any amendments to this Terms and Conditions or

the purchase order shall only be of force and

effect, if confirmed in writing and accepted by the

PPECB and the SUPPLIER.

16.2. If such amendment affects the prices or the

agreed delivery date, then the SUPPLIER shall

notify the PPECB in writing and such changes

shall only be of force and effect if agreed upon by

the PPECB.

GENERAL

17.1. All the work, including preliminary work, relating

to any of the products supplied in respect of a

purchase order, shall remain the property of the

PPECB and may not be reproduced in any form

without the PPECB’s written permission.

DATA PROTECTION ADDENDUM acquired by an unauthorised person or if a breach has 1.10. The obligations in this clause shall also apply to

(to be signed by the SUPPLIER and returned to the occurred with reference to its use of the Personal and extend to any Personal Information disclosed or

PPECB) Information under the Agreement. Such notification must received by the SUPPLIER prior to the signature date of the

provide sufficient information to allow affected individuals to Agreement.

DATA PROTETION take measures against the potential consequences of the 1.11. The SUPPLIER warrants that, where it discloses

1.1. The SUPPLIER acknowledges that the Parties compromise, including, if known to the SUPPLIER, the Personal Information to the PPECB that it has obtained the

are required to Process each other’s Personal Information identity of the unauthorised person who may have accessed necessary consent of the relevant Data Subject who’s

insofar as is necessary for each Party to comply with its or acquired the Personal Information; Personal Information it is disclosing under the Agreement

obligations in terms of this Purchase Order. 1.6.2. within 3 Business Days of receipt thereof, of any and/or is otherwise authorised to make such disclosure to

1.2. The SUPPLIER shall Process such Personal request for access to Personal Information or correction of the PPECB in accordance with Data Protection Legislation.

Information only: Personal Information or complaints received by the 1.12. The SUPPLIER indemnifies the PPECB and

1.2.1. in compliance with Data Protection Legislation, SUPPLIER and provide the PPECB with full details of such holds the PPECB harmless from all losses, liabilities,

the PPECB's instructions and these Terms and Conditions; request or complaint; and penalties, fines, damages and claims, and related costs and

1.2.2. for purposes connected with performing in terms 1.6.3. Promptly of any legally binding request for expenses (including legal fees on the scale as between

of this Purchase Order or as specifically otherwise disclosure of Personal Information or any other notice or attorney and client, interest and penalties) arising from any

instructed or authorised by the PPECB in writing. communication which relates to the Processing of the claim or action brought against the PPECB due to the

1.3. The SUPPLIER shall treat the Personal Personal Information from any regulatory, supervisory, or SUPPLIER's breach of the provisions of these Terms and

Information that comes to its knowledge or into its governmental body whatsoever. Conditions.

possession as confidential and the SUPPLIER shall comply 1.7. The SUPPLIER acknowledges and agrees that 1.13. Notwithstanding any other provision in these

with all the provisions of this clause, and not disclose such the PPECB and/or the applicable Data Subject retains all Terms and Conditions, this clause shall survive any

Personal Information without the prior written consent of the right, title, and interest in and to the Personal Information. termination, cancellation, or expiration of the Agreement.

PPECB. The SUPPLIER shall not possess or assert any lien or other

1.4. The SUPPLIER warrants that it shall secure the right against or to such Personal Information and no such REPRESENTING THE SUPPLIER

integrity of the Personal Information in its possession or Personal Information shall be sold, assigned, leased, or

under its control by taking appropriate, reasonable technical otherwise disposed of to third parties by the SUPPLIER or

and organisational measures to prevent: commercially exploited by or on behalf of the SUPPLIER or SIGNED AT

1.4.1. Loss of, or damage to, or unauthorised its Staff.

destruction of the Personal Information; and/or 1.8. Where applicable, the SUPPLIER shall not be ______________________________________________

1.4.2. Unlawful access to or unlawful Processing of the entitled to transfer Personal Information to a foreign country

Personal Information. unless the PPECB consents in writing to such transfer of

1.5. The SUPPLIER agrees that it may not modify any Personal Information to the foreign country in question, Date: ____________________________________2024.

Personal Information which comes into its possession in which country must provide an adequate level of protection

terms of the Agreement, merge it with other data, that effectively upholds the protection of Personal

commercially exploit it or engage in any other practice or Information principles contained in these Terms and

activity that may in any manner adversely affect the Conditions. Signed By: _____________________________________.

integrity, security or confidentiality of such Personal 1.9 The SUPPLIER hereby consents to the retention

Information, other than as specifically permitted herein or as and storage of its Personal Information pursuant to this

directed by the PPECB in writing. Agreement on a private/public cloud hosted in Western

1.6. The SUPPLIER shall notify the PPECB in writing: Europe/European Union for the relevant retention periods Designation: __________________________________.

1.6.1. within 1 Business Day or otherwise as soon as as may be provided for by relevant statute(s), PPECB

reasonably possible if any Personal Information has been retention policy or this Agreement.

or is reasonably believed to have been accessed or

Signature: ____________________________________.

.............................................................................................

Business Name

SBD1

PART A

INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)

BID NUMBER: CLOSING DATE: CLOSING TIME: