ATNS Company Limited, Eastgate Office Park, Block C, - Bruma - Johannesburg - 2298
Organization Type
GOVERNMENT
Published
06 Nov 2026
OCDS Reference
ocds-9t57fa-177185
Summary
Atns requires a service provider to design, supply, install, commission, train and support a runway occupancy and alerting system (roast) at designated sites, covering project management, system documentation, training, commercialisation, certification and safety case, system design and testing, hardware and software development, and miscellaneous items. Pricing must be submitted on the prescribed excel workbook (volume 1c) with separate overseas and local items, foreign currency and exchange rate, and VAT at 15% clearly shown. Bidders must verify all quantities, calculations and totals in their pricing schedule; errors may not be corrected after submission.
Key Requirements
Pricing workbook: complete and submit all sheets of Volume 1C (G1 Summary, G2.1, G2.2, G3.1, G3.2, G4, G6) with bidder details, foreign currency and exchange rate on each sheet.
VAT: show VAT at 15% clearly on the G1 Summary sheet and include it in the grand total.
Arithmetic accuracy: the bidder is responsible for verifying that all quantities, unit prices, calculations and totals in the submitted schedule are free of errors.
Scope coverage: price every required heading across project management, documentation, training, commercialisation, certification and safety case, system design and testing, hardware, software development, miscellaneous and options.
Additional items: bidders may add line items and adjust quantities where the schedule allows, provided all required headings are priced.
Options: price optional items separately under G6 and show the grand total including options.
Closing: submit by 22 January 2027 at 12:00; late or incomplete pricing schedules will not be accepted.
Appointment of a service provider for the implementation of the Runway Occupancy and Alerting System (ROAST), including design, supply, installation, commissioning, training, and support services at designated ATNS sites
Tender context
Return to this tender’s issuing organisation, province, or category.
Appointment of a service provider for the implementation of the runway occupancy and alerting system (roast), including design, supply, installation, commissioning, training, and support services at designated atns sites
Briefing SessionCompulsory
Date & Time
Friday, 22 January 2027 - 14:00
Venue
MS Teams
Important: Attendance at this briefing session is mandatory. Bids from suppliers who do not attend may be disqualified.
ATNS Company Limited, Eastgate Office Park, Block C, - Bruma - Johannesburg - 2298
Professional Services & Consulting Industry Profile
Regulatory Bodies
SAGCSAICA
Tenders in this industry often require registration with these bodies.
Typical Documents
5 items
Company Registration (CIPC)
Tax Clearance Certificate
B-BBEE Certificate
CSD Registration
Company Profile
Recommended Certifications
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Document read. The full tender notice and its supporting documents are read end-to-end. Key sections, requirements, dates, and contact details are identified and pulled into a working summary you can act on.
Compliance review. The working summary is checked against South African procurement standards — PFMA, PPPFA, B-BBEE, CIDB, local content, and preferential procurement — so nothing critical is missed before you start your bid response.
DocumentVolume 1A - ROAST.pdfReview complete
Description
Source: Volume 1A - ROAST.pdf
Important Dates
06 Nov
2026
PUBLICATION
Tender Published
Tender was published
22 Jan
2027
DEADLINE
Closing Date
Tender closing date
Procurement Rules & Compliance ContextThis tender may be governed by South African public procurement rules covering fairness, transparency, preferential procurement, anti-corruption, administrative justice and access to information.
7 rules
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
Core procurement rules
These rules commonly apply to South African public-sector procurement.
7
Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
high
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Constitution of the Republic of South Africa, 1996 – Section 217
Act 108 of 1996 (s217)
high
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
The department requires a service provider to implement the Runway Occupancy and Alerting System (ROAST) at designated ATNS sites, including design, supply, installation, commissioning, training, and support services. The system uses speech recognition and machine learning technology to alert tower controllers of impending runway incursions.
Phase 2 - Confidentiality and Non-Disclosure Agreement - ROAST System.pdf
A service provider is required to implement the Runway Occupancy and Alerting System (ROAST) at designated ATNS sites, encompassing design, supply, installation, commissioning, training, and support services, utilizing artificial intelligence and speech recognition technology.
Air Traffic and Navigation Services Company Limited requires a service provider to design, supply, install, commission, train on and support a Runway Occupancy and Alerting System (ROAST) at designated ATNS sites. The scope covers project management, system documentation and training, certification and safety case work, system design and testing, ROAST hardware and software development, and optional items, priced on the supplied Appendix G1 to G6 schedules.
Air Traffic and Navigation Services Company Limited
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Based on 25 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
Bid-ready summary. The submission guidelines, evaluation criteria, technical, financial, and compliance sections are refined into professional, easy-to-scan prose. This is the final version you can rely on when preparing your bid or briefing your team.
We refine every tender document through these stages so you can brief your team and prepare your bid with confidence. Anything marked as "in progress" will be upgraded automatically — no action required from you.
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Bid-ready summary
ATNS is a state-owned air navigation service provider managing airspace and providing air traffic management, communication, navigation, surveillance and training services across South Africa and the region.
The procurement is for Phase 2 of the Runway Occupancy and Alerting System (ROAST) project, which matures a laboratory-tested prototype into a fully operational, commercially ready system (TRL 6–9).
Scope includes detailed design and development of hardware and software, development and testing of automatic speech recognition, integration with the voice communication system, operational validation, safety case development, maintenance philosophy, product documentation, training, and commercial packaging.
Initial development, configuration and testing take place at the ATNS Aviation Training Academy (ATA). After a readiness assessment, implementation, final acceptance testing, validation and final acceptance take place at Grand Central Airport (FAGC).
Online via the National Treasury e-Submission (e-Tender) system.
Email submissions will not be accepted or processed.
Hard-copy submissions: one original, one copy, and one PDF version on USB.
Hard-copy delivery address
ATNS Company Limited
Eastgate Office Park, Block C
South Boulevard Road
Bruma, 2298
South Africa
Bid parcels
Parcel A – Administrative and mandatory (Phase 1 and 2): Volume 1A (excluding SBD 3.3 and SBD 6.1) and Volume 1B (conditions and form of contract / SLA).
Parcel B – Technical proposal (Phase 3): technical response and Appendix B functionality requirements.
Parcel C – Price and preference points (Phase 4): SBD 3.3 Pricing Schedule (Professional Services), SBD 6.1 Preference Points Claim Form, CSD report, CIPC documents, shareholder certificates, ID copies of shareholders, and a valid B-BBEE certificate or sworn affidavit (for EMEs/QSEs).
Returnable forms and documents
Bidders Declaration and Structure Clarification Form: identifies the bidding structure (individual, JV, consortium, with sub-contractors, other) and the primary bidder type (OEM, authorised distributor/reseller, other); distributors/resellers must attach a valid OEM authorisation letter.
SBD 1 (Invitation to Bid): bidder and contact details, signed as the offer cover page.
SBD 3.3 (Pricing Schedule – Professional Services): completed and signed pricing offer.
SBD 4 (Bidder’s Disclosure): discloses interests of directors, shareholders or members.
SBD 6.1 (Preference Points Claim Form): claims specific-goal preference points under the 80/20 system.
POPIA consent form: consent to processing of personal information.
General Conditions of Contract: must be accepted.
Appendix A (Form Questionnaire): used for pre-closing clarification requests.
Valid SARS Tax Compliance Status (TCS) PIN, valid for the full bid validity period.
CSD registration report.
CIPC documents, shareholder certificates and ID copies of shareholders.
Valid B-BBEE certificate or sworn affidavit (EMEs/QSEs).
Confidentiality and Non-Disclosure Agreement (NDA): required to access the detailed scope of work and technical specifications.
Disqualification risks
Late submission.
Submission by email.
Failure to submit an acceptable NDA by the NDA deadline.
Omission of a required returnable form or document.
Failure to meet the minimum functionality threshold of 75/100.
Failure to respond to any evaluation criterion.
Non-compliance with administrative or mandatory requirements.
Evaluation Criteria
Source: Volume 1A - ROAST.pdf (RFP)
Evaluation stages
Stage 1 – Confidentiality and Non-Disclosure Agreement (NDA): bidders must submit a signed NDA by 20 November 2026 at 17:00 CAT. Only bidders with an acceptable NDA receive the detailed scope of work, technical specifications and contractual documentation on 25 November 2026 at 13:00 CAT.
Stage 2 – Administrative requirements: valid SARS Tax Compliance Status PIN, valid for the full bid validity period. Non-compliance may lead to rejection or a seven-day opportunity to submit supplementary administrative information.
Stage 3 – Functionality evaluation: scored out of 100. Minimum qualifying score: 75/100. Bidders below 75 are excluded from Stage 4.
Stage 4 – Price and preference points: 80/20 system. Price 80 points; specific goals 20 points.
Functionality criteria and weights
Project management plan: 10 points.
Product development experience (TRL 5–9): 20 points.
Systems engineering experience: 10 points.
High-level system design and technical approach: 20 points.
Artificial intelligence experience: 10 points.
Integration and testing experience: 5 points.
Software development experience (microcontrollers and microprocessors): 5 points.
Aviation and aerospace systems experience: 5 points.
Data analytics, data science and software architecture experience: 5 points.
Machine learning and ASR experience: 5 points.
Support approach: 5 points.
Total: 100 points.
Threshold: 75 points.
Specific goals (20 points)
51% black-owned suppliers: 10 points. Evidence: CSD registration report, CIPC documents, shareholder certificates, ID copies of shareholders, B-BBEE certificate or sworn affidavit (EMEs/QSEs).
30% black-woman-owned suppliers: 10 points. Evidence: CSD registration report, CIPC documents, shareholder certificates, ID copies of shareholders, B-BBEE certificate or sworn affidavit (EMEs/QSEs).
Price formula
Ps = 80 × (1 − (Pt − Pmin) / Pmin), where Ps is points scored, Pt is the bid price and Pmin is the lowest acceptable price.
The 80/20 system applies to responsive tenders up to and including R50,000,000.
Technical Specifications
Source: Volume 1A - ROAST.pdf (RFP)
Purpose
Design, development, supply, delivery, integration, support and maintenance of a Runway Occupancy Alerting System (ROAST) for operational use.
ROAST uses speech recognition and machine learning to alert tower controllers of impending runway conflicts, acting as a safety barrier against runway incursions.
Scope of Phase 2
Mature the ROAST prototype from Technology Readiness Level 5 to TRL 9.
Produce detailed design review documents and system functional and technical specifications.
Develop and test the automatic speech recognition (ASR) module.
Collect air traffic control data for ASR training and testing.
Integrate and test ROAST hardware with the voice communication system (VCS).
Develop a transition plan for operational testing.
Validate performance in an operational environment for reliability, accuracy, robustness and resilience.
Integrate and test ROAST with ATNS systems in operational environments.
Assist in developing a full safety case aligned with SACAA safety requirements.
Develop a maintenance philosophy covering preventive and corrective approaches.
Produce product documentation: datasheets, manuals, booklets, specifications and training manuals.
Train technical and air traffic control personnel.
Package ROAST as a commercially ready product, including branding design.
Key deliverables
Detailed ROAST system design documents.
Fully developed and tested ASR module.
Hardware-software integrated ROAST system.
ROAST system tested and validated in operational environments.
Safety case.
Maintenance philosophy.
Full product documentation and training materials.
Commercially packaged ROAST system.
Implementation locations
Initial development, configuration, testing and corrections: ATNS Aviation Training Academy (ATA).
Readiness assessment after initial development and safety assessment.
Implementation, final acceptance testing, validation and final acceptance: Grand Central Airport (FAGC).
Detailed technical specifications
Provided in Appendix B to bidders who have submitted an acceptable NDA.
Methodology
Source: Volume 1A - ROAST.pdf
Bidders must submit a high-level system design and technical approach (20 points) covering at minimum:
Proposed system technical architecture.
Functional decomposition.
Major subsystems and interfaces.
Data flow and integration approach.
Technology stack and key components.
Development and testing approach.
Assumptions, dependencies and risks.
Scoring: all seven requirements = 20 points; five to four requirements = 10 points; three requirements = 5 points; two or fewer = 0 points.
Bidders must also submit a project management plan (10 points) covering scope, deliverables, work breakdown structure, organisation, time schedule, quality management, integration management, cost management, risk management, and installation/transition/commissioning.
A support approach (5 points) must describe the support model, roles, incident and problem management, SLAs, patch management, monitoring, escalation, knowledge transfer, post-deployment support and support pricing.
Experience & Qualifications
Source: Volume 1A - ROAST.pdf
Product development experience (20 points)
Demonstrated experience developing systems or products from TRL 5 to TRL 9.
Reference letters on company letterhead, signed, dated and contactable, naming the product/system/project.
Scoring: no experience or no reference = 0; one to two references = 10; three to five references = 20.
Systems engineering experience (10 points)
Experience developing system engineering artefacts: functional and technical specifications, architecture and design documentation, design reviews, verification and validation documentation.
Reference letters required.
Scoring: none = 0; one to two references = 5; three to five references = 10.
Artificial intelligence experience (10 points)
Experience in AI projects in machine learning, robotics, automatic speech recognition, data analytics or data modelling.
Reference letters required.
Scoring: none = 0; one reference = 3; two references = 5; three or more references = 10.
Integration and testing experience (5 points)
Experience in system/product integration, interface, testing and change management.
Reference letters required.
Scoring: none = 0; one to two references = 3; three to five references = 5.
Software development experience – microcontrollers and microprocessors (5 points)
Team member CV and certified copies of qualifications.
Scoring: no CV or certificate = 0; 1–3 years and certificate = 3; 4 years and certificate = 4; 5 or more years and certificate = 5.
Aviation and aerospace systems experience (5 points)
Expert with 1–5 years’ experience in aviation and aerospace systems, including ATM and/or CNS environments.
CV and certified qualifications required.
Scoring: none = 0; 1–3 years = 3; 4 years = 4; 5 or more years = 5.
Data analytics, data science and software architecture experience (5 points)
Expert with 1–5 years’ experience in data analytics, data science, software architecture and/or data modelling.
CV and certified qualifications required.
Scoring: none = 0; 1–3 years = 3; 4 years = 4; 5 or more years = 5.
Machine learning and ASR experience (5 points)
Expert with 1–5 years’ experience in machine learning algorithms, automatic speech recognition and/or libraries.
CV and certified qualifications required.
Scoring: none = 0; 1–3 years = 3; 4 years = 4; 5 or more years = 5.
Quality Management
Source: Volume 1A - ROAST.pdf
Quality-related requirements are assessed under the functionality criteria:
Project management plan (10 points): must cover scope, deliverables, work breakdown structure, organisation and responsibilities, master time schedule (Gantt chart), quality management, integration management, cost management, risk management, and installation, transitioning and commissioning.
High-level system design and technical approach (20 points): must cover system architecture, functional decomposition, subsystems and interfaces, data flow and integration, technology stack, development and testing approach, and assumptions, dependencies and risks.
Systems engineering experience (10 points): demonstrated through system engineering artefacts including functional and technical specifications, architecture and design documentation, design reviews, and verification and validation documentation.
Support approach (5 points): must cover support model, roles and responsibilities, incident/problem/change management, SLAs with response and resolution times, software update and patch management, system monitoring, escalation, knowledge transfer and training, post-deployment maintenance, and support pricing.
Evidence must be provided for each criterion; failure to provide evidence scores zero for that criterion.
Pricing Schedule
Source: Volume 1A - ROAST.pdf
Pricing must be submitted on SBD 3.3 (Pricing Schedule – Professional Services), fully completed and signed.
Price is evaluated under the 80/20 preference system, with 80 points for price.
Price points formula: Ps = 80 × (1 − (Pt − Pmin) / Pmin), where Ps is points scored, Pt is the bid price and Pmin is the lowest acceptable price.
The 80/20 system applies to responsive tenders up to and including R50,000,000.
A detailed pricing schedule reflecting support and maintenance costs must be included in the support approach.
Financial Requirements
Source: Volume 1A - ROAST.pdf (RFP)
Pricing
Pricing must be submitted on SBD 3.3 (Pricing Schedule – Professional Services), completed and signed.
Price is evaluated on the 80/20 preference system.
POPIA consent form: consent to processing of personal information.
General Conditions of Contract: must be accepted.
Disqualification
Proven corrupt or fraudulent act in competing for the contract.
Abuse of the ATNS supply chain management system, proven fraud or improper conduct, or failure on a previous contract.
Health & Safety
Source: Volume 1A - ROAST.pdf
The ROAST system is a safety barrier intended to prevent or reduce the severity of runway incursions by alerting tower controllers to impending conflicts.
The bidder must assist in developing a full safety case aligned with South African Civil Aviation Authority (SACAA) safety requirements.
Performance validation in an operational environment must demonstrate reliability, accuracy, robustness and resilience.
A readiness assessment after initial development and safety assessment determines whether the system may proceed to implementation, final acceptance testing, validation and final acceptance at Grand Central Airport (FAGC).
Contractual Terms
Source: Volume 1A - ROAST.pdf
Contract formation
A contract is concluded only when a formal written contract and Service Level Agreement (if applicable) are signed by authorised representatives of both parties.
ATNS may negotiate terms and prices with one or more bidders; negotiation does not constitute an award.
ATNS is not obliged to accept the lowest or any bid.
ATNS may enter one contract for all functions or separate contracts for different functions.
Variation and cancellation
ATNS may vary the scope and terms; bidders will be notified in writing.
ATNS may postpone or cancel the procurement at any stage before a contract is entered into.
ATNS may withdraw from commitments if circumstances dictate.
Contract conditions
The contract includes retention for non-satisfactory completion, breach of contract and confidentiality clauses.
The successful bidder must hold adequate professional indemnity insurance.
All designs and documentation submitted by the bidder are treated as confidential.
Copyright of all contract documentation belongs to ATNS; the successful bidder may not disclose information, documentation or products to other clients without written approval.
Delivery
The contractor must give ATNS immediate written notice if it cannot deliver within the delivery period, at the quoted price or as specified. ATNS may apply remedies under the General Conditions of Contract.
Additional information
ATNS may request additional information in writing during evaluation; replies must be submitted within 7 working days or as indicated, failing which the bid may be disregarded.
Unsolicited additional information will not be accepted.
Section
Source: Volume 1A - ROAST.pdf
The bid is evaluated in four stages:
NDA submission (closing 20 November 2026 at 17:00 CAT).
Administrative requirements (valid SARS TCS PIN).
Functionality evaluation out of 100, with a minimum qualifying score of 75.
Price and preference points under the 80/20 system (price 80 points; specific goals 20 points).
Functionality criteria and weights:
Project management plan: 10 points.
Product development experience (TRL 5–9): 20 points.
Systems engineering experience: 10 points.
High-level system design and technical approach: 20 points.
Artificial intelligence experience: 10 points.
Integration and testing experience: 5 points.
Software development experience (microcontrollers and microprocessors): 5 points.
Aviation and aerospace systems experience: 5 points.
Data analytics, data science and software architecture experience: 5 points.
Machine learning and ASR experience: 5 points.
Support approach: 5 points.
Specific goals (20 points):
51% black-owned suppliers: 10 points.
30% black-woman-owned suppliers: 10 points.
Price formula: Ps = 80 × (1 − (Pt − Pmin) / Pmin). The 80/20 system applies to responsive tenders up to and including R50,000,000.
DocumentCopy of Volume 1C.xlsxReview complete
Description
Source: Copy of Volume 1C.xlsx
The pricing workbook covers the development of the ROAST system, split into project management, documentation and training, system design and testing, ROAST hardware and software development, miscellaneous items and options.
Each schedule sheet carries the bidder name, project name, foreign currency and rate of exchange, and must be completed in full.
VAT at 15% must be clearly indicated on the G1 Summary sheet.
Submission Guidelines
Source: Copy of Volume 1C.xlsx (unknown)
Pricing schedule: complete and submit the Excel workbook (Volume 1C) with all sheets — G1 Summary, G2.1 Project Management, G2.2 Documentation and Training, G3.1 System Design and Testing, G3.2 ROAST Development, G4 Miscellaneous and G6 Options.
Bidder details: enter the bidder company name, foreign currency and rate of exchange (1R =) on the Instructions sheet and on each schedule sheet.
VAT: show VAT at 15% clearly on the G1 Summary sheet.
Arithmetic check: the bidder must verify that quantities, unit prices, calculations and totals in the submitted pricing schedule are free of errors.
Additional items: bidders may add line items and adjust quantities where the schedule allows, provided every required heading is priced.
Technical Specifications
Source: Copy of Volume 1C.xlsx (unknown)
Scope: design, supply, installation, commissioning, training and support of a Runway Occupancy and Alerting System (ROAST) at designated ATNS sites.
G2.2.1 System documentation: technical manual, user manuals, maintenance manuals, as-built documentation, software licence documentation and product legal documentation.
G2.2.2 Training: training material development, operator training and maintenance training.
G2.2.3 Commercialisation and packaging: packaging design, branding and brochure development.
G2.2.4 Certification and safety case: hazard analysis, safety assessment and system certification.
G3.1.1 System design: requirements analysis, functional specification, system architecture design and detailed design.
G3.1.2 Integration, testing and implementation: VCS integration, verification testing, validation testing, site acceptance testing, installation and commissioning.
G3.2.1 ROAST hardware: hardware components, PCBs and fabrication, processors and/or controllers, interfaces and enclosures.
G3.2.2 ROAST software development: embedded/firmware development, application software development, model training data and software licences.
G4 Miscellaneous: any items or services needed for installation, commissioning, operation and maintenance that are not priced elsewhere, itemised individually.
G6 Options: optional items, priced separately and shown in the grand total including options.
Financial Requirements
Source: Copy of Volume 1C.xlsx (unknown)
Pricing format: fixed-price schedule of rates and quantities in the prescribed Excel workbook, with overseas and local items priced separately.
Foreign currency: state the currency and the rate of exchange used (1R =) on the Instructions sheet and each schedule sheet.
VAT: 15%, shown clearly on the G1 Summary sheet.
Totals required:
Grand total excluding options.
Grand total including options.
VAT at 15%.
Grand total including VAT.
Bidder responsibility: confirm that all quantities, unit prices, calculations and totals in the submitted schedule are correct.
The agreement governs the exchange of confidential information between ATNS and a bidder while they engage on the ROAST project: a runway occupancy alerting system using artificial intelligence and speech recognition, tested in simulated and operational environments. It is the Phase 2 confidentiality and non-disclosure agreement for RFP ATNS/RFP05/06/2026/27/RDI_ROAST. It sets the rules for handling shared information and does not describe the technical scope of the system itself.
This document is the Phase 2 Confidentiality and Non-Disclosure Agreement for the ROAST project (reference ATNS/RFP05/06/2026/27/RDI_ROAST). It is not the RFP itself and contains no bid submission instructions, returnable forms, submission channel, address or closing time. Bidders must obtain the RFP pack for those requirements.
The agreement supports ATNS engagement with the bidder on developing a Runway Occupancy Alerting System (ROAST) using artificial intelligence and speech recognition, in simulated and operational environments.
The project is procured under RFP reference ATNS/RFP05/06/2026/27/RDI_ROAST.
ATNS is a Schedule 2 major public entity providing air traffic, navigation, training and associated services, operating at 21 aerodromes in South Africa including O.R. Tambo, Cape Town and King Shaka International Airports, and providing ATM/CNS services elsewhere in Africa and the AFI region.
The receiving party may use confidential information only for the project and may not disclose, copy, commercially exploit or deal with it for its own or a third party's benefit without prior written consent.
Access is limited to agents, employees, officers and representatives who need to know; each must sign equivalent confidentiality undertakings that survive the end of their relationship with the receiving party.
Confidential information must be stored separately from other records, kept at the usual place of business, and not placed on externally accessible systems or transmitted outside that place of business.
A list of representatives given access must be maintained and provided on request.
If compelled by law to disclose, the receiving party must notify the disclosing party immediately and, within 7 days of request, provide details of retained copies and demonstrate the legal retention requirement.
Confidentiality undertakings endure for 5 years after the last disclosure, or longer where the disclosing party holds proprietary rights, and survive return of the information.
Return and ownership
All confidential information and media must be returned on completion of the project, on reasonable request, or on termination; anything that cannot be returned must be deleted or destroyed.
Ownership and all intellectual property in the information and in modifications, compilations or derivative works remain with the disclosing party.
Security and data protection
The receiving party must apply security and care no less than it applies to its own confidential information and must protect against unauthorised access, damage, destruction, disclosure, loss or processing.
Systems and operations used for the project must meet the minimum legal standard and international best practice for data protection.
POPIA must be complied with; personal information may not be transferred or processed outside South Africa without the disclosing party's prior written consent.
Personal information may be processed only to perform obligations under the agreement, with reasonable technical and organisational safeguards, and any data breach must be reported immediately, with assistance to the other party in investigations, regulator notices and public announcements.
Anti-bribery and anti-corruption
Both parties must comply with applicable anti-bribery laws, including the Prevention and Combating of Corrupt Activities Act, the Competition Act, the Protected Disclosures Act, the PFMA and the Companies Act, and relevant international conventions.
No payments, gifts, promises or advantages may be offered to officials, employees or political parties to influence the project, and no facilitation payments may be made.
Adequate internal controls and accurate records of payments and advantages must be kept and open to inspection on reasonable request.
Each party must promptly report any request or demand for an undue advantage.
A party must provide a compliance certification within 10 business days of request.
Breach of the anti-bribery provisions is material and entitles the other party to terminate immediately.
Indemnity and breach
The receiving party indemnifies the disclosing party against claims, costs, damages and losses arising from misuse, dissemination or publication of confidential information.
On breach, the disclosing party may cancel the agreement and seek urgent court relief, and may recover costs, damages, lost opportunity and legal costs, on an attorney-and-own-client scale unless a court orders otherwise.
The agreement starts on the signature date (the date the last party signs) and runs for 5 years, ending on the termination date, unless terminated earlier.
Confidentiality, protection, non-disclosure and non-use obligations survive expiry or early termination indefinitely; if a court finds an indefinite term unenforceable, they last for as long as the disclosing party has a protectable interest or for a period the court orders.
The dispute-resolution and notices clauses also survive termination.
Exclusions
Information that is or becomes public through no fault of the receiving party, was already independently known, is confirmed in writing as non-confidential, was lawfully received on a non-confidential basis, or was independently developed without use of the confidential information is not covered.
No rights granted
The agreement does not create any contract, licence or other relationship beyond confidentiality, and confers no rights in the confidential information.
Dispute resolution
The High Court of South Africa, Gauteng Division, Johannesburg has jurisdiction.
Either party may approach a court without first exhausting negotiation or arbitration.
Negotiation: the party declaring a dispute invites the other in writing to meet within 5 days.
Arbitration: if negotiation fails, either party may refer the dispute to arbitration under the AFSA Domestic Rules for Expedited Arbitration, with the arbitrator appointed by the AFSA secretary on written request.
If AFSA is unavailable, the AFSA Rules (as last applied) govern and the arbitrator is agreed between the parties; failing agreement within 10 business days, either party may ask the chairperson of the Johannesburg Bar Council to nominate an advocate of at least 10 years' standing.
Arbitration is held in camera and its details and outcome are confidential; urgent court relief remains available.
Arbitration costs are determined by AFSA or the arbitrator and shared equally unless agreed or ordered otherwise; a party in default of payment of its share is excluded from the arbitration until it pays.
Notices
Notices must be in writing and delivered by hand or email to each party's chosen domicilium.
A domicilium must be a physical address in South Africa, not a post office box or poste restante; a change takes effect 7 business days after notice.
Hand delivery during business hours is deemed received on the day of delivery; after hours or on a non-business day, on the next business day.
Email during business hours is deemed received on successful transmission; after hours or on a non-business day, on the next business day.
Prepaid registered post is deemed received 7 days after proven posting.
A notice actually received is valid even if not sent in accordance with these rules.
Governing law
South African law governs the agreement.
General
The agreement is the whole agreement between the parties and replaces earlier agreements on the same subject.
Variations must be in writing.
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
ATNS Company Limited, Eastgate Office Park, Block C, - Bruma - Johannesburg - 2298
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