Council for Medical Schemes Tenders & RFQ's

Any award(s) made as a result of this RFP will be subject to the following terms and conditions: 10.1. Liquidated damages the successful bidder agrees to negotiate in good faith with the cms, and a liquidated damages provision will specify an amount payable or creditable to the cms if the bidder fails to comply with the implementation schedule mutually agreed in the contract award. 10.2. Payment schedule and invoicing the successful bidder agrees to negotiate in good faith with the cms for a progress payment schedule based on significant milestones identified in the scope of work and/or the implementation schedule included in the resulting contract. Bidders should include a suggested payment schedule in their proposal. 10.3. Prime sponsor terms and conditions any award resulting from this RFP will be issued subject to the terms and conditions of the prime funding agency, in this case, cms. Proposals submitted by bidders who are unable to accept said terms will be considered non-responsive. Page | 16 11. Rejection of proposals 11.1. Cms may reject non-responsive bids, including, without limitation, bids which contain the following defects: a. Failure to conform to the rules or requirements contained in the RFP, including the instructions for submitting a proposal and the proposal format guidelines. B. Failure to sign the entire original bid documentation (including additional submissions by the bidder). C. Proof of collusion among bidders, in which case all proposals involved in the collusive action will be rejected. D. Non-compliance with any applicable law, unauthorised additions or deletions, conditional bids, incomplete bids, or irregularities of any kind which may tend to make the bid incomplete, indefinite or ambiguous as to its meaning. E. Provisions reserving the right to accept or reject an award or to enter into a contract containing terms and conditions that are contrary to those in the solicitation. F. Furthermore, the contract with the successful bidder may be subject to conditions, such as (i) the successful bidder should maintain its BBBEE status for the duration of the contract and (ii) the bidder should provide additional documentation, such as a new tax clearance certificate, upon expiry of the previous version. 12. Contract identification 12.1. Prime contractor the cms prefers to work with a single prime contractor for all product and implementation services. Nevertheless, if vendors wish to partner, they must submit a single proposal to an established entity that will be the primary point of contact and contracting authority. 12.2. Vendor prime contractor responsibility if a vendor’s proposal includes equipment, hardware, software, or services to be supplied by other entities, the proposing vendor should act as the prime contractor for procuring all products and services. The vendor, as the prime contractor, should be the sole point of contact and responsible for payment of all charges arising from the purchase of the security services. The vendor, acting as primary contractor, should take full responsibility for rendering services by its subcontractor(s). Each subcontractor used by the vendor on this project shall be required to submit full identification of their company to the cms on the form titled subcontractor identification, found in annexure f to this RFP. 13. Entire agreement the contract executed pursuant to this RFP will state the entire agreement between the parties in respect of the subject matter covered therein and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations, or other agreements. However, this RFP and the bidder’s response will be incorporated by reference into the contract. Page | 17 14. Additional information cms may request additional information either from the bidder or others to verify the bidder’s ability to meet the requirements of this RFP successfully. 15. National treasury requirements within ten (10) working days after the closure of the advertised competitive bid, the cms will publish on its website the names of all bidders that submitted bids in relation to the particular advertisement. Information on the successful bid will be made available on the cms website. In addition to the above, the successful bidder will be checked against the register of defaulters and the list of restricted suppliers on the national treasury database. 16. Registration on national treasury central supplier database (csd) bidders must be registered on the csd. Confirmation of registration in the form must be submitted together with the bid documents. 17. Joint venture 17.1. Joint venture or consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill, and knowledge in an activity for the execution of a contract. Bidders that submit bids as a joint venture, consortium or trust must comply with the following