Five-year waste management services contract for nhls sandringham

2.1 Based on the Bids submitted and the outcome of the evaluation process according to the set evaluation criteria,

NHLS intends to select a preferred bidder with the view of concluding a service level agreement (SLA) with such

successful bidder. The Bid shall be evaluated in terms of the Preferential Procurement Policy Framework Act

(PPPFA)

2.2 Queries

2.2.1 Should it be necessary for a bidder to obtain clarity on any matter arising from or referred to in this RFB

document, please refer queries, in writing, and to the contact person email address number listed below on or

before 11 February 2026. Under no circumstances may any other employee within NHLS be approached for

any information. Any such action might result in a disqualification of a response submitted in competition to

the RFB. NHLS reserves the right to place responses to such queries on the website.

Telephone 011 555 0378

QUERIES: Khaya Bonani

E-mail [email protected]

3. Definitions

3.1 National Health Laboratory Services [hereinafter referred to as NHLS] is a public health laboratory service with

laboratories across South Africa. Its activities comprise diagnostic laboratory services, research, teaching and

training, and production of sera for anti-snake venom, reagents and media.

3.2 NHLS was established in 2001 by an Act of Parliament to provide diagnostic pathology laboratory services to

the National and Provincial Health Department.

3.3 “Acceptable Bid” - means any bid, which, in all respects, complies with the specifications and conditions of the

RFB as set out in this document.

3.4 “B-BBEE” – means broad bases black economic empowerment as defined in section 1 of the Broad-Based Black

Economic Empowerment Act.

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3.5 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its

overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic

Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act.

3.6 “Bid” - means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state

for the provision of services, works or goods through price quotations, advertised bidding processes or

proposals.

3.7 “Bidders” - means any enterprise, consortium or person, partnership, company, close corporation, firm or any

other form of enterprise or person, legal or natural, which has been invited by NHLS to submit a bid in response

to this bid invitation.

3.8 “Broad-Based Black Economic Empowerment Act” – means the Broad-Based Black Economic Empowerment

Act, 2003 (Act No. ).

3.9 “Client” - means the goods or services requestor.

3.10 “Comparative Price” - Means the price after the factors of a non-firm price and all unconditional discounts that

can be utilized have been taken into consideration.

3.11 “Consortium” - means several entities joining forces as an umbrella entity to gain a strategic collaborative

advantage by combining their expertise, capital, efforts, skills and knowledge for the purpose of executing this

tender.

3.12 “Contractor Agent” - means any person mandated by a Prime Contractor or consortium/joint venture to do

business for and on behalf of, or to represent in a business transaction, the Prime Contractor and thereby

acquire rights for the Prime Contractor or consortium/joint venture against NHLS or an organ of state and incur

obligations binding the Prime Contractor or consortium/joint venture in favour of NHLS or an organ of state.

3.13 “Disability” - means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory

function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range,

considered normal for a human being.

3.14 Designated group means –

(a) Black designated groups;

(b) Black people;

(c) Women

(d) People with disabilities; or

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(e) Small enterprises as defined section 1 of the National Small Enterprise Act, 1996 (Act No. )

3.15 “Designated sector” means – a sector, sub-sector or industry or product designated by the Department of

Trade and Industry.

3.16 “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic

empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

3.17 “Firm Price” - means the price that is only subject to adjustments in accordance with the actual increase or

decrease resulting from the change, imposition or abolition of customs or excise duty and any other duty, levy

or tax which, in terms of a law or regulation is binding on the contractor and demonstrably has influence on

the price of any supplies or the rendering cost of any service, for the execution of a contract.

3.18 “Goods” – means any work, equipment, machinery, tools, materials or anything of whatever nature to be

rendered to NHLS or NHLS’s delegate by the Successful Bidder in terms of this bid.

3.19 “Historically Disadvantaged Individual” (HDI) - means a South African citizen:

3.19.1 Who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the

introduction of the Constitution of the Republic of South Africa, 1983, (Act No. ) or the

Constitution of the Republic of South Africa, 1993 (Act No. ) (the Interim Constitution); and/or;

3.19.2 who is a female; and/or;

3.19.3 who has a disability;

provided that a person who obtained South African citizenship on or after the coming to effect of the Interim

Constitution is deemed not to be an HDI.

3.20 “Joint Venture” - (Project) means two or more businesses joining together under a contractual agreement to

conduct a specific business enterprise with both parties sharing profit and losses. The venture is for one specific

project only, rather than for a continuing business relationship as in a strategic alliance. It is about sharing risk

with others and providing one or more missing and needed assets and competencies.

3.21 “Management” - in relation to an enterprise or business, means an activity inclusive of control, and performed

on a daily basis, by any person who is a principal executive officer of the company, by whatever name that

person may be designated, and whether or not that person is a director.

3.22 “Military veteran”- has the meaning assigned to it in section 1 of the Military Veterans Act, 2011 (Act No. ).

3.23 “Non-firm Price(s)” - means all price(s) other than “firm” price(s).

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3.24 “Organ of State” - means a National Department or Provincial Administration as stipulated in Schedules 1 and

2 of the Public Service Act, Act (as amended).

3.25 “Person(s)” - refers to a natural and/or juristic person(s).

3.26 “Price”- includes all applicable taxes less all unconditional discounts;

3.27 “Prime Contractor” – means any person (natural or juristic) who forwards an acceptable proposal in response

to this RFB with the intention of being the main contractor should the proposal be awarded to him/her.

3.28 “Proof of B-BBEE status level of contributor” means -

(a) B-BBEE Status level certificate issued by an authorized body or person;

(b) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; and

(c) Any other requirement prescribed in terms of the B-BBEE Act.

3.29 “QSE” - means a qualifying small business enterprise in terms of a code of good practice on black economic

empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

3.30 “Rand Value” - means the total estimated value of a contract in South African currency, calculated at the time

of invitations and includes all applicable taxes and excise duties.

3.31 “Rural Area” means –

(a) A sparsely populated area in which people farm or depend on natural resources, including villages and

small town that are dispersed through the area; or

(b) An area including a large settlement which depends on migratory labour and remittances and government

social grants for survival and may have a traditional land tenure system.

3.32 “SMME” – bears the same meaning assigned to this expression in the National Small Business Act, 1996 (Act

No. ).

3.33 “Stipulated minimum threshold” means – the minimum threshold stipulated for local production and content.

3.34 “Sub-contract” means - the primary contractor’s assigning, leasing, making out work to, or employing, another

person to support such primary contractor in the execution of part of a project in terms of the contract.

3.35 “Subcontractor” - means any person (natural or juristic) who is subcontracted a portion of an existing contract

by a Prime Contractor.

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3.36 “Successful Bidder” - means the organization or person with whom the order is placed and who is contracted

to execute the work as detailed in the bid.

3.37 “Township” means – an urban living area that any time from late 19th century until 27 April 1994, was reserved

for black people, including areas developed for historically disadvantage individuals post 27 April 1994.

3.38 “Youth” has the meaning assigned to it in section 1 of the National Youth Development Agency Act, 2008 (Act

No. ).

4. Acronyms and abbreviations

4.1 The following acronyms and abbreviations are used in this proposal and must be similarly used in the proposal

submitted in response and shall have the meaning ascribed thereto below.

Abbreviations/Acronyms Description

BBBEE Broad Based Black Economic Empowerment.

CPI Consumer Price Index.

DIR Directorate

EDMS Electronic Document Management System

HDI Historically Disadvantaged Individuals

ISO International Standard Organization

IT Information Technology

ITC Information Technology Committee

MISS Minimum Information Security Standard

OEM Original Equipment Manufacturer

PPPFA Preferential Procurement Policy Framework Act

RFB Request for Bid

RSA Republic of South Africa

NHLS National Health Laboratory Services

SLA Service Level Agreement

SW Software

LIS Laboratory Information system

24x7 24 hours a day, 7 days a week

5. General Rules and Instructions

5.1 Confidentiality

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5.1.1 The information contained in this document is of a confidential nature and must only be used for purposes

of responding to this RFB. This confidentiality clause extends to Bidder partners and/or implementation

agents, whom the Bidder may decide to involve in preparing a response to this RFB.

5.1.2 For purposes of this process, the term “Confidential Information” shall include all technical and business

information, including, without limiting the generality of the foregoing, all secret knowledge and information

(including any and all financial, commercial, market, technical, functional and scientific information, and

information relating to a party’s strategic objectives and planning and its past, present and future research

and development), technical, functional and scientific requirements and specifications, data concerning

business relationships, demonstrations, processes, machinery, know-how, architectural information,

information contained in a party’s software and associated material and documentation, plans, designs and

drawings and all material of whatever description, whether subject to or protected by copyright, patent or

trademark, registered or un-registered, or otherwise disclosed or communicated before or after the date of

this process.

5.1.3 The receiving party shall not, during the period of validity of this process, or at any time thereafter, use or

disclose, directly or indirectly, the confidential information of NHLS (even if received before the date of this

process) to any person whether in the employment of the receiving party or not, who does not take part in

the performance of this process.

5.1.4 The receiving party shall take all such steps as may be reasonably necessary to prevent NHLS’s confidential

information coming into the possession of unauthorised third parties. In protecting the receiving party’s

confidential information, NHLS shall use the same degree of care, which does not amount to less than a

reasonable degree of care, to prevent the unauthorised use or disclosure of the confidential information as

the receiving party uses to protect its own confidential information.

5.1.5 Any documentation, software or records relating to confidential information of NHLS, which comes into the

possession of the receiving party during the period of validity of this process or at any time thereafter or

which has so come into its possession before the period of validity of this process:

5.1.5.1 shall be deemed to form part of the confidential information of NHLS;

5.1.5.2 shall be deemed to be the property of NHLS;

5.1.5.3 shall not be copied, reproduced, published or circulated by the receiving party unless and to the extent that

such copying is necessary for the performance of this process and all other processes as contemplated in;

and

5.1.5.4 shall be surrendered to NHLS on demand, and in any event on the termination of the investigations and

negotiations, and the receiving party shall not retain any extracts.

5.2 News and press releases

5.2.1 Bidders or their agents shall not make any news releases concerning this RFB or the awarding of the same or

any resulting agreement(s) without the consent of, and then only in co-ordination with, NHLS and its Client.

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5.3 Precedence of documents

5.3.1 This RFB consists of a number of sections (see list). Where there is a contradiction in terms between the

clauses, phrases, words, stipulations or terms and herein referred to generally as stipulations in this RFB and

the stipulations in any other document attached hereto, or the RFB submitted hereto, the relevant

stipulations in this RFB shall take precedence.

5.3.2 Where this RFB is silent on any matter, the relevant stipulations addressing such matter and which appear in

the PPPFA shall take precedence. Bidders shall refrain from incorporating any additional stipulations in its

proposal submitted in terms hereof other than in the form of a clearly marked recommendation that NHLS

may in its sole discretion elect to import or to ignore. Any such inclusion shall not be used for any purpose of

interpretation unless it has been so imported or acknowledged by NHLS.

5.3.3 It is acknowledged that all stipulations in the PPPFA are not equally applicable to all matters addressed in this

RFB. It however remains the exclusive domain and election of NHLS as to which of these stipulations are

applicable and to what extent. Bidders are hereby acknowledging that the decision of NHLS in this regard is

final and binding. The onus to enquire and obtain clarity in this regard rests with the Bidder(s). The Bidder(s)

shall take care to restrict its enquiries in this regard to the most reasonable interpretations required to ensure

the necessary consensus.

5.4 Preferential Procurement Reform

5.4.1 NHLS supports B-BBEE as an essential ingredient of its business. In accordance with government policy, NHLS

insists that the private sector demonstrates its commitment and track record to B-BBEE in the areas of

ownership (shareholding), skills transfer, employment equity and procurement practices (SMME

Development) etc.

5.4.2 NHLS shall apply the principles of the Preferential Procurement Policy Framework Act, (Act No. ) to

this proposal.

5.4.3 Bidders shall complete the preference certificate attached to this proposal. In the case of a consortium and

sub-contractors, the preference certificate must be completed for each legal entity.

5.5 National Industrial Participation Programme

5.5.1 The Industrial Participation policy, which was endorsed by Cabinet on 30 April 1997, is applicable to contracts

that have an imported content. The NIP is obligatory and therefore must be complied with. Bidders are

required to sign and submit the Standard Bidding Document (SBD5).

5.6 Language

5.6.1 Bids shall be submitted in English.

5.7 Gender

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5.7.1 Any word implying any gender shall be interpreted to imply all other genders.

5.8 Headings

5.8.1 Headings are incorporated into this proposal and submitted in response thereto, for ease of reference only and

shall not form part thereof for any purpose of interpretation or for any other purpose.

5.9 Security clearances

5.9.1 Employees and subcontractors of the successful bidder may be required to be in possession of valid security

clearances to the level determined by the State Security Agency (SSA) and/or NHLS commensurate with the

nature of the project activities they are involved in. The cost of obtaining suitable clearances is for the account

of the bidders. The bidders shall supply and maintain a list of personnel involved on the project indicating

their clearance status.

5.9.1 Employees and subcontractors of the successful bidder will be required to sign a non-disclosure agreement.

5.10 Occupational Injuries and Diseases Act

5.10.1 The Bidder warrants that all its employees (including the employees of any sub-contractor that may be

appointed) are covered in terms of the Compensation for Occupational Injuries and Diseases Act

and that the cover shall remain in force for the duration of the adjudication of this bid and/ or subsequent

agreement. NHLS reserves the right to request the Bidder to submit documentary proof of the Bidder’s

registration and “good standing” with the Compensation Fund, or similar proof acceptable to NHLS.

5.11 Formal contract

5.11.1 This RFB, all the appended documentation and the proposal in response thereto read together, form the basis

for a formal contract to be negotiated and finalised between NHLS and/or its clients and the enterprise(s) to

whom NHLS awards the bid in whole or in part.

5.11.2 Any offer and/or acceptance entered verbally between NHLS and any vendor, such offer shall not constitute

a contract and thus not binding on the parties.

5.12 Instructions for submitting a proposal

5.12.1 One (1) original, one (1) hard copy and 1 (one) electronic copy on compact disk (CD)/USB in Portable

Document Format (PDF) of the Bid shall be submitted on the date of closure of the Bid.

Pricing: Bid Price must be submitted in a separate envelop and marked clearly as follows: RFB number, RFB

description and bidder’s name). One (1) original, one (1) hard copy and 1 (one) electronic copy on compact

disk (CD)/USB in Portable Document Format (PDF) of the Bid shall be submitted on the date of closure of the

Bid.

The original copy must be signed in black ink by an authorised employee, agent or representative of the bidder

and each and every page of the proposal shall contain the initials of same signatories.

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5.12.2 Bidders shall submit proposal responses in accordance with the prescribed manner of submissions as

specified above.

5.12.3 Bids must be submitted in a prescribed response format herewith reflected as Response Format, and be

sealed in an envelope clearly marked.

5.12.4 Bids that are too large to fit into the tender box must be handed in at the reception desk during office hours

from 08:00- 16:30 or before 11:00 on the closing date.

5.12.5 All Bids in this regard shall only be accepted if they have been placed in the bid box before or on the closing

date, 25 February 2026 and stipulated time, 11h00 am.

5.12.6 Bids received after the time stipulated shall not be considered.

5.12.7 Bid responses sent by post or courier must reach this office at least 36 hours before the closing date to be

deposited into the proposal box. Failure to comply with this requirement shall result in your proposal being

treated as a “late proposal” and shall not be entertained. Such proposal shall be returned to the respective

bidders.

5.12.8 No proposal shall be accepted by NHLS if submitted in any manner other than as prescribed above.

6. Response format

6.1 Bidders shall submit response in accordance with the response format specified below. Failure to do so shall

result rejecting vendor’s response. No referrals may be made to comment. Failure to comply shall result in the

vendor being penalised.

6.2 Schedule Index:

6.2.1 Schedule 1: Pages 1 – 22 General conditions of contract of this RFB document.

6.2.2 Schedule 2: Mandatory Documents

6.2.2.1 An original valid Tax Clearance Certificate or a Tax Compliance Status letter (with pin) issued by the South

African Revenue Services or a CSD Report reflecting active Tax Clearance Compliance status.

If a Consortium, Joint Venture or Subcontractor, an original valid Tax Clearance Certificate or a Tax

Compliance Status letter (with pin) issued by the South African Revenue Services or a CSD Report reflecting

active Tax Clearance Compliance status must be submitted for each member. (Annexure B)

6.2.2.2 National Industrial Participation Programme Certificate from the DTI (read paragraph 5.5 in conjunction

with Annex E – SBD 5) (If applicable).

6.2.2.3 Central Supplier Database (CSD) Registration Report

6.2.2.4 General Conditions of Contract (Annexure E).

6.2.3 Schedule 3: Executive Summary of proposal

6.2.4 Schedule 4: Technical/Functionality

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6.2.5 Schedule 5: Preferential Procurement Claim form and copy of the B-BBEE Verification Certificate(s) issued by

an authorised body or person, or a sworn affidavit prescribed by the B-BBEE Codes of Good

Practice.

6.2.7 Schedule 6: Bidder’s Disclosure SBD 4 (Annexure C).

6.2.8 Schedule 7: Bidder Profile:

6.2.8.1 Credentials of the company/consortium members etc.

6.2.8.2 Structure of the company/ consortium members etc.

6.2.8.3 Partnership agreements/contracts

6.2.9 Schedule 8: Bid Price (to be submitted in a separate envelop and marked clearly as follows: RFB number,

RFB description and bidder’s name) (Annexure B).

6.3 Bidder background information materials:

6.3.1 Bidder Operating Organisation – Provide an overview of the operating structure and geographical locations of

the firm at the national, regional, and local levels.

6.3.2 Standards – Include information regarding your firm’s utilization of widely known Industry Standards and

guidelines, as they apply to your firm, your firm’s proposal and proposed hardware assets.

6.3.3 Company Contact(s) – Provide the name, title, street address, city, state, telephone and fax numbers and e-

mail of the primary company’s contact person, and for any sub-Contractors.

6.3.4 Corporate Financial Solvency - Provide solvency statement signed by a qualified independent auditor that the

financial position of the company is sound and that the company will be able to mobilise financial resources to

deliver the project.

7. Key personnel

7.1 Identify key personnel, by employer (include subcontractor(s) and provide contact information.

8. Reasons for Disqualification

8.1 NHLS reserves the right to disqualify any bidder which does any one or more of the following, and such

disqualification may take place without prior notice to the offending bidder, however the bidder shall be notified

in writing of such disqualification:

8.1.1 bidders who submitted did not sign the mandatory documents;

8.1.2 bidders who submitted information that is fraudulent, factually untrue or inaccurate, for example

memberships that do not exist, B-BBEE credentials, experience, etc.;

8.1.3 bidders who received information not available to other vendors through fraudulent means;

8.1.4 bidders who do not comply with mandatory requirements as stipulated in this RFB; and

8.1.5 bidders who fail to price according to the costing template provided;

8.1.6 bidders who failed to attend the compulsory briefing session and/or compulsory site visit.

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9. Bid Preparation

9.1 All additions to the proposal documents i.e. annexes, supporting documentation pamphlets, photographs,

technical specifications and other support documentation covering the goods offered etc. shall be neatly bound

as part of the schedule concerned.

9.2 All responses regarding questions posed in the annex attached herewith shall be answered in accordance with

the prescribed RFB Response Format.

9.3 Telephonic, faxed, e-mailed or oral tenders shall not be accepted.

10. Oral presentations and Briefing Sessions

10.1 Bidders who submit Bids in response to this RFB may be required to give an oral presentation, which may include,

but is not limited to, an equipment/service demonstration of their proposal to NHLS. This provides an

opportunity for the vendor to clarify or elaborate on the proposal. This is a fact finding and explanation session

only and does not include negotiation. NHLS shall schedule the time and location of these presentations. Oral

presentations are an option of NHLS and may or may not be conducted and must not be construed as being

successful in, or, awarded the tender.

11. General Conditions of Bid and Conditions of Contract

11.1 Bidders shall provide full and accurate answers to all (including mandatory) questions posed in this document,

and, are required to explicitly indicate either "Comply/Accept (with a )" or "Do not comply/Do not accept

(with an X)" regarding compliance with the requirements. Where necessary, the bidder shall substantiate their

response to a specific question.

NOTE: It is mandatory for bidders to complete or answer this part fully (11.2 to 11.34); otherwise, their bid

shall be treated as incomplete and shall be disqualified. Refer to paragraph 8 of this document (reasons for

disqualification).

11.2

Accept Do not Accept This bid is subject to the General Conditions of Contract stipulated in this document.

11.3

The laws of the Republic of South Africa shall govern this RFB, and the Bidders hereby Accept Do not Accept

accept that the courts of the Republic of South Africa shall have the jurisdiction.

11.4

NHLS shall not be liable for any costs incurred by the bidder in the preparation of Accept Do not Accept

response to this RFB. The preparation of response shall be made without obligation

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to acquire any of the items included in any bidder’s proposal or to select any proposal,

or to discuss the reasons why such vendor’s or any other proposal was accepted or

rejected.

11.5

NHLS Procurement Services may request written clarification regarding any aspect of Accept Do not Accept

this proposal. The bidders must supply the requested information in writing within the

specified time frames after the request has been made, otherwise the proposal shall

be disqualified.

11.6

In the case of Consortium, Joint Venture or subcontractors, bidders are required to Accept Do not Accept

provide copies of signed agreements stipulating the work split and Rand value.

11.7

In the case of Consortium, Joint Venture or subcontractors, all bidders are required to Accept Do not Accept

provide mandatory documents as stipulated in schedule 1 of the Response format.

11.8

NHLS reserves the right to; cancel or reject any proposal and not to award the Accept Do not Accept

proposal to the lowest bidder or award parts of the proposal to different bidders, or

not to award the proposal at all.

11.9

Where applicable, bidders who are distributors, resellers and installers of network Accept Do not Accept

equipment are required to submit back-to-back agreements and service level

agreements with their principals.

11.10

By submitting a proposal in response to this RFB, the bidders accept the evaluation Accept Do not Accept

criteria as it stands.

11.11

Where applicable, NHLS reserves the right to conduct benchmarks on Accept Do not Accept

product/services offered during and after the evaluation.

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11.12

NHLS reserves the right to conduct a pre-award survey during the source selection Accept Do not Accept

process to evaluate contractors' capabilities to meet the requirements specified in

the RFB and supporting documents.

11.13

Where the bid calls for commercially available solutions, bidders who offer provide Accept Do not Accept

future based solutions will be disqualified.

11.14

The bidder should not qualify the proposal with own conditions. Accept Do not Accept

Caution: If the bidder does not specifically withdraw its own conditions of proposal

when called upon to do so, the proposal response shall be declared invalid.

11.15

Accept Do not Accept

Should the bidder withdraw the proposal before the proposal validity period expires,

NHLS reserves the right to recover any additional expense incurred by NHLS having to

accept any less favourable proposal or the additional expenditure incurred by NHLS in

the preparation of a new RFB and by the subsequent acceptance of any less favourable

proposal.

11.16

Accept Do not Accept

Delivery of and acceptance of correspondence between NHLS and the bidder sent by

prepaid registered post (by air mail if appropriate) in a correctly addressed envelope

to either party’s postal address or address for service of legal documents shall be

deemed to have been received and accepted after (2) two days from the date of

postage to the South African Post Office Ltd.

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11.17

Accept Do not Accept

Should the parties at any time before and/or after the award of the proposal and prior

to, and-or after conclusion of the contract fail to agree on any significant product

price or service price adjustments, change in technical specification, change in

services, etc. NHLS shall be entitled within 14 (fourteen) days of such failure to agree,

to recall the letter of award and cancel the proposal by giving the bidder not less than

90 (ninety) days written notice of such cancellation, in which event all fees on which

the parties failed to agree increases or decreases shall, for the duration of such notice

period, remain fixed on those fee/price applicable prior to the negotiations.

Such cancellation shall mean that NHLS reserves the right to award the same proposal

to next best bidders as it deems fit.

11.18

In the case of a consortium or JV, each of the authorised enterprise’s members and/or Accept Do not Accept

partners of the different enterprises must co-sign this document.

11.19

Any amendment or change of any nature made to this RFB shall only be of force and Accept Do not Accept

effect if it is in writing, and an Amendment to the RFB will be issued. Bidders will be

required to utilise the latest Amendment in preparation of their bid response.

11.20

Failure or neglect by either party to (at any time) enforce any of the provisions of this Accept Do not Accept

proposal shall not, in any manner, be construed to be a waiver of any of that party’s

right in that regard and in terms of this proposal. Such failure or neglect shall not, in

any manner, affect the continued, unaltered validity of this proposal, or prejudice the

right of that party to institute subsequent action.

11.21

Bidders who make use of subcontractors. Accept Do not Accept

The proposal shall however be awarded to the Vendor as a primary contractor who

shall be responsible for the management of the awarded proposal. No separate

contract shall be entered into between NHLS and/or its client and any such

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subcontractors. Copies of the signed agreements between the relevant parties must

be attached to the proposal responses.

11.22

All services supplied in accordance with this proposal must be certified to all legal Accept Do not Accept

requirements as per the South African law.

11.23

No interest shall be payable on accounts due to the successful vendor in an event of a Accept Do not Accept

dispute arising on any stipulation in the contract.

11.24

Evaluation of Bids shall be performed by a CFET established by NHLS. Accept Do not Accept

Bids shall be evaluated on the basis of conformance to the required specifications as

outlined in the RFB. Points shall be allocated to each bidder, on the basis that the

maximum number of points that may be scored for price is 80/90, and the maximum

number of preference points that may be claimed for Specific Goals (according to the

PPPFA) is 20/10.

11.25

Prior to the award of any tender or contract the NHLS will check the Prohibition status Accept Do not Accept

of recommended suppliers/ service providers on the Treasury website

([email protected]) as well as the Treasury Register for Tender Defaulters

(www.treasury.gov.za)

11.26

Accept Do not Accept

The NHLS will act against the bidder or person awarded the contract upon detecting

that the B-BBEE status level of contribution has been claimed or obtained on a

fraudulent basis or any of the contract conditions have not been fulfilled.

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11.27

The NHLS may, in addition to any other remedy that it may have against the bidder Accept Do not Accept

or person:

• Disqualify the bidder or person from the bidding process;

• Recover all costs, losses or damages it has incurred;

• or suffered as a result of that person’s conduct;

• 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;

• 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 10;

• years, after applying the audi alteram partem (hear the other side) rule;

• Forward the matter for Blacklisting by Treasury; and

• Forward the matter for criminal prosecution

11.28

If the successful bidder disregards contractual specifications, this action may result in Accept Do not Accept

the termination of the contract.

11.29

Accept Do not Accept

The bidders’ response to this Tender, or parts of the response, shall be included as a

whole or by reference in the final contract.

11.30

NHLS has discretion to extend the validity period should the evaluation of this bid not Accept Do not Accept

be completed within the stipulated validity period.

11.31

Upon receipt of the request to extend the validity period of the bid, the bidder must Accept Do not Accept

respond within the required time frames and in writing on whether or not he agrees

to hold his original bid response valid under the same terms and conditions for a

further period.

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11.32

Should the bidder change any wording or phrase in this document, the bid shall be Accept Do not Accept

deemed unresponsive and may lead to the disqualification of the bid response.

11.33

The cost validation for Analysers and reagents for the validation will be borne by the

Accept Do not Accept

supplier and NHLS will not be charged for this

11.34

No alternative tender offers will be considered. Accept Do not Accept

12. NHLS SPECIAL CONDITIONS OF CONTRACT

12.1 Bidders shall provide full and accurate answers to all (including mandatory) questions posed in this

document and are required to explicitly indicate either "Comply/Accept (with a )" or "Do not comply/Do

not accept (with an X)" regarding compliance with the requirements. Where necessary, the bidder shall

substantiate their response to a specific question.

12.2 NOTE: It is mandatory for bidders to complete or answer this part fully (12.2.1 to 12.2.19); otherwise, their

bid shall be treated as incomplete and shall be disqualified. Refer to paragraph 8 of this document (reasons

for disqualification).

Section Requirement Submitted (Please tick)

Yes No

12.2.1 Waste Collection and Transportation –

The successful bidder will be required to

ensure timely collection of the different

types of waste as specified in the tender

document.

12.2.2 Waste sorting/separation – The

successful bidder will be required to sort

or separate the waste as indicated in the

tender document.

12.2.3 Waste recycling – The successful bidder

will be required to operate and manage

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Section Requirement Submitted (Please tick)

Yes No

the NHLS recycling programme as

indicated in the tender document.

12.2.4 Waste Treatment, removal,

transportation and/or disposal services

– The successful bidder will be required

to ensure timely removal and proper

disposal of the waste streams as

indicated in the tender document.

12.2.5 On-site Management – The successful

bidder will be expected to provide the

on-site management as indicated in the

tender document.

12.2.6 Reporting and Communication – The

successful bidder will be expected to

report as per the tender document.

12.2.7 Supply of equipment and consumables

– The successful bidder will be required

to provide the required equipment

including maintenance of such

equipment as well as consumables as

indicated in the tender document.

12.2.8 Personnel and site supervision /

management – The successful bidder

will be required to provide NHLS with

required personnel as indicated in the

tender document.

12.2.9 General health, safety and environment

obligations – The successful bidder will

be required to ensure compliance as

indicated in the tender document.

12.2.10 Compliance Requirements – The bidder

will be required to comply as per the

tender document.

12.2.11 Medical Fitness – The bidder should

take note of this requirement as per the

tender document, and indicate if they

will comply or not.

12.2.12 Training – The successful bidder should

take note of NHLS’s position on training

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Section Requirement Submitted (Please tick)

Yes No

as per the tender document and indicate

if they will comply or not.

12.2.13 Uniforms and Personal Protective

Equipment (PPE) – The successful bidder

will be required to provide the necessary

uniforms and PPE as per the tender

document requirements.

12.2.14 Relief Staff – The successful bidder will

be required to provide relief staff as per

the tender document requirements.

12.2.15 First Aid – The bidder is required to take

note of NHLS’s position on First Aid as

per the tender document and indicate if

they will comply or not.

12.2.16 Contract Management – The successful

bidder will be required to comply with

NHLS’s contract management processes

as per the tender document

requirements.

12.2.17 Supervision – The successful bidder will

be required to comply with the

supervisory requirements as per the

tender document requirements.

12.2.18 Complaints Register – The successful

bidder will be required to manage

complaints as per the tender document

requirements.

12.2.19 The bidder must always ensure

compliance with:

• All relevant statutory labour

requirements. Basic Condition

of Employment Act. Must

register all employees with UIF

throughout the contract

duration. (Once appointed

with 30-60 days).

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13. Evaluation Criteria and Methodology

13.1 Evaluation of tenders and selection of contractors’/service providers

The NHLS is a Schedule 3A Government Institution subjected to the Public Finance Management Act (PFMA), the

Public Preferential Framework Act (PPPFA) and Treasury Regulations/ Instructions. Bidders must assist the NHLS

to eliminate corruption and fraud by completing and submitting form SBD4.

13.1.1. Any tender closing is followed by a Public Opening where the names and pricing of all bids received are read

out to the bidders attending. NHLS tender opening officials sign the pages where pricing is indicated to

prevent any alterations.

13.1.2 Next steps of evaluation is administrative pre-qualification verification and the “technical” or so called

“functional” evaluation which is purely based on NHLS specifications (Annexure 2) and Scope of Work. NHLS

end-user department (who requested the bid), Procurement Services, Finance and subject specialists are part

of the Cross Functional Evaluation Team (CFET) meeting which is chaired by Quality Assurance (QA). All the

members of the CFET must complete Declaration of Interest forms and must recuse themselves in case of any

conflict of interest.

13.1.3 The final stage of evaluation is done after the CFET has reached their verdict and is done by NHLS

Procurement Services and separately from the CFET meeting. Points for Specific Goals (commercial

evaluation) is being added in order to get the final order of merit for the bidders being evaluated.

13.1.4 Bidders that score the minimum threshold are recommended and submitted to the NHLS Tender Evaluation

Committee (TAC) for adjudication and the bid MUST be awarded to the bidder who scored the highest points

(Merit 1) during the CFET and Commercial evaluation(B-BBEE). All the members of the CFET must complete

Declaration of Interest forms and must recuse themselves in case of any conflict of interest. Should the TAC

decide on a bidder other than Merit 1, this decision must be motivated as a Deviation from NHLS Policy &

procedure and Treasury must be advised accordingly.

13.1.5 The CEO of the NHLS must finally approve the recommendation by the TAC, in his capacity as the Accounting

Officer.

13.1.6 Details of the successful bidder to be advertised in the Government Tender Bulletin.

13.1.7 Suppliers must accept the Terms & Conditions of our contract(s) which will result from the RFB document”.

RFB conditions and pricing shall be fixed and firm from RFB closing date to the end of contract.

13.2 BID EVALUATION STAGES

The bid evaluation process consists of several stages that are applicable according to the nature of the bid as

defined below:

Stage 1: Administrative Compliance verification.

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Stage 2: Technical Functionality requirement evaluation.

Stage 3: Price / Specific Goals evaluation.

NOTE: The bidder must qualify for each stage to be eligible to proceed to the next stage of the evaluation.

13.3 ADMINISTRATIVE COMPLIANCE REQUIREMENTS

Administrative compliance/responsiveness will be tested based on returnable documents submitted and

signatures on the Bid documents.

At this stage, it must be determined what documents are required to be returned by Bidders. Returnable

documents are categorised as follows:

1.1 ADMINISTRATIVE COMPLIANCE REQUIREMENTS

Mandatory Returnable Documents

(NOTE: Failure to provide the below listed documents WILL lead to disqualification).

1. Proof of Attendance of Compulsory Briefing session and a site visit (To Comply Do Not Comply

be held in Corporate-Sandringham).

Substantiation: The bidder is to indicate whether they attended the Compulsory Briefing session and a site visit.

2. The Service Providers have to agree with NHLS General Conditions of Bid Comply Do Not Comply

and Conditions of Contract.

Substantiation: The bidder must submit and attach to the bid response the signed and accepted NHLS General

Conditions of Bid and Conditions of Contract.

3. Waste Accreditation Permit Comply Do Not Comply

The bidder MUST have a valid and certified Waste Accreditation to collect

and transport general waste, recyclable waste and hazardous waste issued

by tie relevant Authority.

Substantiation: Bidder MUST provide a valid and certified Waste Accreditation Permit.

4. Gauteng Waste Information System (GWIS) Registration Comply Do Not Comply

The bidder must be registered in the (GWIS) as a transporter of hazardous

waste to be disposed of/treated at a landfill site/ waste handling facility

authorized to dispose/treatment of such waste.

Substantiation: Bidder MUST provide a proof of certified registration with GWIS.

5. Licensed Landfill site or waste handling facility Comply Do Not Comply

The bidder MUST use a licensed landfill site or waste handling facility to

dispose of/ treatment of waste generated at NHLS premises. Or Letter of

intent from proposed landfill disposal and recycling sites that will accept

waste streams (Proof of agreement and relevant permits will be requested

at award stage).

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Substantiation: The bidder MUST further provide proof of account/ relationship/ Agreement and relevant permits

with the proposed landfill I waste handling facility that will be used for the disposal/treatment of waste generated

at NHLS.

6. Proof of Compensation (COIDA) Comply Do Not Comply

Bidders MUST submit a valid, certified and current letter of good standing

at the closing date and time of the bid.

Substantiation: Bidder MUST provide proof of certified registration with COIDA.

ESSENTIAL RETURNABLE DOCUMENTS/ ADMINISTRATIVE DOCUMENTS

(NOTE: Failure to provide the below listed documents MAY lead to disqualification).

Comply Do Not Comply

1. Fully completed and signed Bidder’s Disclosure SBD 4.

Substantiation: The bidder must submit and attach to the bid response the signed Bidder’s Disclosure` SBD 4.

2. Preferential Procurement Claim form and copy of the B-BBEE Verification Comply Do Not Comply

Certificate(s) issued by an authorised body or person or a sworn affidavit prescribed

by the B-BBEE Codes of Good Practice.

Substantiation: The bidder must submit and attach to the bid response a copy of a valid certificate.

3. Submission of original valid Tax Clearance Certificate, a Tax Compliance Status Comply Do Not Comply

letter (with pin) issued by the South African Revenue Services, or a CSD Report

reflecting active Tax Clearance Compliance status.

Substantiation: The bidder must submit and attach to the bid response a copy of a valid certificate.

Comply Do Not Comply

4. Proof of Central Supplier Database (CSD) Registration.

Substantiation: The bidder must submit a CSD Report with the bid response.

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13.4 The 80/20 PPPFA principle and the points for evaluation criteria are as follows:

Price points 80

Specific goals 20

Total 100 points

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TECHNICAL MANDATORY REQUIREMENTS:

(NOT APPLICABLE).

TECHNICAL/FUNCTIONALITY EVALUATION CRITERIA

A minimum threshold of 75% need to be achieved to be considered for further evaluation.

3.1 FUNCTIONALITY EVALUATION

No. Evaluation Criteria (Bidder’s Waste Management Proposal) Proof Required Score Allocation Weighting

(%)

The company’s experience in the General Waste Management

1. Services Industry: Minimum of three (3) or recent (not older than Provide reference 0 Point= Two (2) reference letter and below specifically 40

Letters in general waste management that are not ten (10) years) contactable references from customers to which

older than ten (10) years.

the tenderer has provided or is providing goods/services that are

Note: No award

substantially similar (size, nature & quantity) to the goods/service Letters, Purchase 35 Points = The company with three (3) Reference letters

required. If current references are provided, these must be in Orders and or specifically in general waste management

place for a minimum of five years/ Duration of the Contract. The Completion certificates that are not older than ten (10) years.

reference must be in writing on a service provider letterhead. will be considered.

40 Points = The company with more than three (3)

specifically in general waste management

that are not older than ten (10) years.

Contract Manager with minimum of three (3) experience

2. management of a General Waste Management Services Industry. Provide a copy of CV 35 Points= 5 years and above experience (company and 35

with an indication of manager, respectively).

the number of years’

experience in the 20 Points = 3 years and below experience respectively.

collection of General

waste. 0 Point= No experience (company and manager,

respectively).

Service Providers must submit a Methodology and 30 days 15 points

3. Implementation Plan/ Project Execution Plan indicating the Service Providers must Bidder has submitted a methodology, covering all the 15

submit a Methodology aspects mentioned. following:

and Execution or • Comprehensive and clear execution plan. I. Scope

Implementation Plan. • Methodology is clearly linked to scope and, time.

II. Timeline for implementation

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No. Evaluation Criteria (Bidder’s Waste Management Proposal) Proof Required Score Allocation Weighting

(%)

III. Procurement of resources 12 points

IV. Procure and deliver equipment within three weeks upon Bidder has submitted a methodology, covering at least

the aspects mentioned. appointment

• Comprehensive and clear execution plan.

V. Risk.

• Methodology is clearly linked to scope and, time.

VI. Change.

9 Points

VII. Quality. • Bidder has submitted a methodology, covering

VIII. Communications (Including stakeholder engagement, the majority of aspects mentioned.

management and reporting). • Good and clear execution plan.

• Methodology, clearly linked to scope and time

6 Points

• Bidder has submitted a methodology, covering

half of the aspects mentioned.

• Methodology is comprehensive and clear.

• Methodology, linked to scope and time.

3 Points

• Bidder has submitted a few methodology,

covering aspects mentioned.

• Poor and unclear execution plan.

• Methodology, is not clearly linked to scope and

time.

0 Points

• No methodology, submitted.

4. Accreditation or in-house processes and procedures for Safety Accreditation or in- 10 Points= ISO 45001 and ISO 14001 certificate or in- 10

Health Environmental Risk and Quality (SHERQ) house processes and house Environmental Management processes

procedures for SHEQ and procedures.

5 Points= ISO 45001 or 14001 certificates or in-house

safety management processes and

procedures.

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No. Evaluation Criteria (Bidder’s Waste Management Proposal) Proof Required Score Allocation Weighting

(%)

0 Points= No ISO 45001 and no ISO 14001

certificate for in-house quality management

processes and procedures.

TOTAL 100%

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No specific requirements found