Provission of wide area network(wan) services with internet access for 36 months

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a) Tenders must be properly received and deposited in the tender box on or before the closing date and before the closing time at the Tender Submission Office, situated on the 2 Kotze Street, Women’s Jail, East Wing, Constitution Hill, Bramfontein 2017

b) No late tenders will be accepted under any circumstances.

c) Tender offers must be submitted in a sealed envelope clearly reflecting the tender number and tender description as indicated above.

d) Original and two copies of the tender document must be submitted. For this tender to be valid on the closing date, the Tender Offer and the offer part of the Contract Form must be signed by the bidder and the tender price(s) must be inserted.

e) Do not dismember this tender document (do not take it apart, omit pages, change wording or put documents between its pages). All other documents must be attached to Annexure 6.

Provission of wide area network(wan) services with

Internet access for 36 months

1. Cge branches

Connectivity is required between the Head Office and all branches of CGE.

The table below lists the province, address and city of the CGE branches,

including the Head Office. It is imperative that prospective service providers

analyse the availability of network access options that provide fast, reliable,

efficient and stable network at these various locations.

Please also note that there are various rental agreements applicable to the

different branch offices and that these can change during the course the Wide

Area Network (WAN) service contract.

Any changes to locations of the branches should be considered by the service

provider in its response to this tender.

Province Address City Contact Number

Eastern Cape To be Confirmed East London +27 43 722 3489

Free State 49 Charlotte Maxeke Street Bloemfontein +27 51 430 9348

Gauteng To be Confirmed Pretoria +27 12 341 6090

Johannesbur

Head Office To be confirmed g +27 11 403 7182

KwaZulu Natal To be confirmed Durban +27 31 305 2105

Limpopo To be confirmed Polokwane +27 15 291 3070

Mpumalanga To be confirmed Nelspruit +27 13 755 2428

Northwest 38 Molopo Road Mafikeng +27 18 381 1505

Northern Cape To be Confirmed Kimberley +27 53 832 0477

Western Cape To be confirmed Cape Town +27 21 426 4080

2. Wide area network (WAN)

The ideal state technology architecture defined in the ICT Strategy requires the

implementation of a stable, reliable, always-on, fast wide area network that

will connect the different branches of CGE to the ICT services and applications

at the Head Office and in the cloud environment.

Given the current technologies and specialised network service providers, CGE

identified a Virtual Private Network (VPN) as illustrated in the figure below, to

be the most efficient and effective way to achieve the above stated objective.

A virtual private network (VPN) extends a private network across a public

network, such as the Internet. It enables a computer or Wi-Fi-enabled device

to send and receive data across shared or public networks as if it were directly

connected to the private network, while benefiting from the functionality,

security and management policies of the private network. A VPN is created by

establishing a virtual point-to-point connection through the use of dedicated

connections, virtual tunnelling protocols, or traffic encryptions.

In order to achieve this CGE requires a completely outsourced networking

solution, developed to provide end-to-end connectivity to multiple sites

through a private, secure and reliable network solution. In addition, this

network solution should provide for Multi-Protocol Label Switching (MPLS) that

enables the consolidation of voice, video and various grades of data

communications over a single VPN, which is secure and separate from the

Internet.

Given the diverse locations of CGE’s branches, different access options such as

Fibre, wireless and Ethernet, with the appropriate Service Level Agreements (

SLA) must be available;

In summary the solution- fully outsourced and managed network service

Configuration and setup in line with the business requirements

Implementation and Support which include SLA Service Level Agreement

The prospective service provider should have footprint and infrastructure in all

the nine provinces and should be able to provide support services 24/7 across

the nine provinces.

3. WAN specifications

(i) A fully outsourced and managed SD-WAN network service to CGE, offering

security, reliability and manageability.

(ii) Any-to-any connectivity between all CGE's branches and the Head Office,

as well as Internet access for each of the branches and Head Office with

the following specifications:

• Head office Connection speed of at least 200 Mbps.

• Provincial office Connection of at least 100 Mbps per province for 9

offices.

• Uncapped Internet access.

• The provisioning, configuration, maintenance, and management of the

VPN and required equipment.

• The proposed solution should have the capability to prioritise network

traffic according to CGE ‘s business requirements effectively.

• Technical support and active network management, such as traffic usage

statistics, network status and performance visibility, etc.

• Scalability as business requirements change and develop.

• A network management application that will reflect the state of the live

network status

• A system that will detect and alert of any network connection drop/loss

on any of the CGE offices

• A fully managed firewall that will secure all the nine provinces

The SD WAN network should offer the following:

• High availability, with predictable service, for all critical enterprise

applications

• Multiple hybrid active-active links for all network

• Dynamically routed application traffic with application-aware routing, for

efficient delivery and improved user experience.

• Application- aware policies with end-to-end segmentation and real-time

access control.

• Integrated threat protection enforces at the right place.

• Secure traffic across broadband Internet and into the cloud

• Distribute security to the branch and remote endpoints with NGFW, DNS

security, and NGAV

• Seamless extension of the WAN to multiple public clouds

• Real-time optimized performance.

• Optimized workflows for cloud platforms

• A single, centralised, cloud delivered management dashboard for

configuration and management of WAN, cloud, and security.

• Template-based, zero-touch provisioning for all locations: branch, Head

Office and cloud.

• Detailed reporting of application and WAN performance for business

analytics and bandwidth forecasting.

• Support for video, data centre hosting services and remote access.

4. Evaluation of tenders

a. Functionality Scoring

Tenders will be evaluated for functionality on the following objective criteria:

Category Criteria Weight

1 Technical compatibility 40

The service provider must ensure that the proposed solution meets

all the following minimum requirements to achieve a full scoring of

40 points in this category:

1.1 A fully outsourced and managed network service to CGE,

offering security, reliability, and manageability.

1.2 Any to any device connectivity between all CGE’s branches”

Head Office Connection speed of at least 200Mbps”

“Provincial office Connection speed of at least 100 Mbps per

province (9) provinces.

1.3 Capability to prioritise network traffic according to CGE’s

business requirements effectively.

1.4 Scalability as business requirements change and develop.

2 Implementation Plan and time scales: 20

2.1 Implementation and time frames / project plan 5

2.2 Maintenance contract costs post Implementation of the bid 5

3 Corporate structure and strength of Bidder: 5

• Minimum experience not less than 10 years

• Submission of 3 testimonials and verifiable reference letters.

• Latest audited/ assured financial statements

4 Other SD-WAN solution customers 5

Total points 60

No tender will be regarded as an acceptable / responsive tender if it fails to score

in any of the identified critical requirements and if it fails to achieve the minimum

qualifying score for functionality of 50 out of a maximum of 60.

b. Price and Preference Evaluation

Bidders who score more than 50 points will be evaluated further in terms of

Price and Preference points for specific goals in terms of the PPPFA regulations of

2022. As per the table below, price is evaluated over 80 points and preference

points over 20:

Specific goals Specific goals for 80/20

100% black women owned 7

100% Owned by black persons with 5

disabilities

100% Black youth owned 5

100% Black owned 3

None Specified 0

deem fit or to select only parts of the solution it feels will be beneficial and/or cost justified. These

instructions outline the format of the proposal and describe the approach for presentation of data. The

instructions are designed to ensure uniformity for ease of evaluation and that the required information is

included.

• High availability, with predictable service, for all critical enterprise

applications

• Multiple hybrid active-active links for all network

• Dynamically routed application traffic with application-aware routing, for

efficient delivery and improved user experience.

• Application- aware policies with end-to-end segmentation and real-time

access control.

• Integrated threat protection enforces at the right place.

• Secure traffic across broadband Internet and into the cloud

• Distribute security to the branch and remote endpoints with NGFW, DNS

security, and NGAV

• Seamless extension of the WAN to multiple public clouds

• Real-time optimized performance.

• Optimized workflows for cloud platforms

• A single, centralised, cloud delivered management dashboard for

configuration and management of WAN, cloud, and security.

• Template-based, zero-touch provisioning for all locations: branch, Head

the inclusion of pertinent data or information, at the supplier’s discretion. I.e. Bidders should submit

solutions based on their experience, business knowledge of the industry and what would be considered

‘best practice’ for the Commission for Gender Equality.

Closing Time 11:00 Closing date...................................................

Payment Terms: PAYMENT TERMS ......................................................................................... 16

10. Tender submission and closing date .......................................... 16

11. Sub-contracting ..................................................................................... 16

12. Dealing with the commission for gender equality ..........

All bidders must comply with applicable norms and standards .

PAYMENT TERMS 9.1 The CGE undertakes to pay valid invoices in full within 30 days from the statement date for work done to its satisfaction upon presentation of a substantiated claim. The CGE shall not pay for any unproductive or duplicated time spent by the service provider on any assignment as a result if staff changes, inefficiencies or rework.

TENDER SUBMISSION AND CLOSING DATE The original and 2 copies must be submitted in a sealed envelope and deposited into the official tender box located at the reception area at 2 Kotze Street, Women’s Jail, East Wing, Constitution Hill, Braamfontein 2017. The tender number and description of service must be clearly written on the envelope. Note: The tender awarded will be conditional and subject to successful negotiations and the signing of a written contract, failing which the CGE reserves the right to withdraw the tender and award the same to the next bidder without having to repeat the tender process. The CGE reserves the right to appoint, contract with and monitor the performance of any service provider it deems will offer the best service in line with its requirements, although it may not necessarily be the lowest Bidder. The CGE also reserves the right, in its sole discretion, to re-advertise, not to retender or not to award the tender. Late submitted tenders will not be considered. Points will be awarded for specific goals in line with the BBBEE. The decision of the CGE Adjudication Committee on awarding a tender is final

SUB-CONTRACTING A bidder and/or the contract, or any portion thereof, or any share or interest therein, may not be transferred, assigned or granted to any other company without the specific written permission and conditions of the CGE.

DEALING WITH THE COMMISSION FOR GENDER EQUALITY The Bidder shall not disclose any such information or specification, whether explicit or implied, to any third party without the written consent from the CGE.

MANDATORY REQUIREMENTS (i) No tender will be considered unless submitted on this CGE tender document. (ii) Any portion of the tender document not completed will be interpreted as “not applicable”. Notwithstanding the foregoing, failure to complete any compulsory portion of the tender document may result in the tender being declared non-responsive. (iii) Tenders must be properly received and deposited, on or before the closing date and before the closing time, in the relevant tender box at the Tender Submission Office situated on the Venue: 2 Kotze Street, Women’s Jail, East Wing, Constitution Hill, Braamfontein 2017. If the tender submission is too large to fit in the allocated box, please enquire at the public counter for assistance. One hard copy of this official document with all the required accompanying documents and supporting documentation must be submitted. (iv) The CGE reserves the right to accept

the whole tender or part of a tender or any item or part of any item, or to accept more than one tender (in the event of a number of items being offered), and the CGE is not obliged to accept the lowest or any tender;

a tender which is not substantially or materially different from the tender Specification. (v) The CGE shall not consider tenders that are received after the closing date and time for such a tender. (vi) The CGE will not be held responsible for any expenses incurred by bidders in preparing and submitting tenders. (vii) The CGE may, after the closing date, request additional information or clarification of tenders in writing. (viii) A bidder may request information, after the closing date, in accordance with the Promotion of Administrative Justice Act, Act , and the Promotion of Access to Information Act, Act . (ix) A bidder may request in writing, after the closing date, that the tender offer be withdrawn. Such withdrawal will be permitted or refused at the sole discretion of the CGE after consideration of the reasons for the withdrawal, which shall be fully set out by the bidder in such written request for withdrawal. (x) Validity Period.

Any tender submitted shall remain valid, irrevocable and open for written acceptance by the CGE for a period of 120 (one hundred and twenty) days from the closing date or for such extended period as may be applicable.

The tender offer will not be withdrawn or amended during the aforesaid validity period.

The aforesaid validity period may be extended by the Accounting Officer (CGE), provided that the original validity period has not expired, and that all bidders are given an opportunity to extend such period. Any such extension shall be agreed to by a bidder in writing.

Bidders who fail to respond to such a request before the validity of their tender expires, or who decline such a request shall not be considered further in the evaluation process.

In the event that an appeal in terms of the Systems Act is received, the validity period of the tender shall be deemed to be extended until finalisation of the appeal; unless the bidder has requested in writing that its tender be withdrawn. (xi) The Central Supplier Database (CSD):.

No awards will be made to a bidder who is not registered on the CSD.

It is each vendor’s responsibility to keep all the information on the CSD is updated. (xii) No person who is a provider or prospective provider of goods or services, or a recipient or prospective recipient of goods disposed or to be disposed of, may directly or indirectly: Influence or interfere with the work of any CGE officials involved in the tender process in order to inter alia

influence the process and/or outcome of a tender;

incite breach of confidentiality and/or the offering of bribes;

cause over- or under-invoicing;

influence the choice of procurement method or technical standards;

Influence any CGE official in any way which may secure an unfair\ advantage during or at any stage of the procurement process. Abuse of the supply chain management system is not permitted and may result in the tender being rejected, cancellation of the contract, “blacklisting” and/or any such remedies as set out in the CGE’s SCM Policy. (xiii) Declarations and authorisation. Bidders are required to complete all statutory declarations and authorisations in the annexures attached to this tender document, failing which the tender may be declared non-responsive. (xiv) Samples If the Specification requires the bidder to provide samples, these shall be provided strictly in accordance with the instructions set out in the Specification.

Points Allocation: 80 points

B-BBEE Details: ng which the CGE reserves the right to withdraw the tender and award the same

to the next bidder without having to repeat the tender process. The CGE reserves the right to appoint,

contract with and monitor the performance of any service provider it deems will offer the best service

in line with its requirements, although it may not necessarily be the lowest Bidder. The CGE also

reserves the right, in its sole discretion, to re-advertise, not to retender or not to award the tender.

Late submitted tenders will not be considered.

Points will be awarded for specific goals in line with the BBBEE.

The decision of the CGE Adjudication Committee on awarding a tender is final

8. Sub-contracting

A bidder and/or the contract, or any portion thereof, or any share or interest therein, may not be transferred,

assigned or granted to any other company without the specific written permission and conditions of the

Cge.

9. Dealing with the commission for gender equality

The Bidder shall not disclose any such information or specification, whether explicit or implied, to any third

party without the written consent from the CGE.

10. Mandatory requirements

(i) No tender will be considered unless submitted on this CGE tender document.

(ii) Any portion of the tender document not completed will be interpreted as “not applicable”.

Notwithstanding the foregoing, failure to complete any compulsory portion of the tender document may

result in the tender being declared non-responsive.

(iii) Tenders must be properly received and deposited, on or before the closing date and before the closing

time, in the relevant tender box at the Tender Submission Office situated on the Venue: 2 Kotze Street,

Women’s Jail, East Wing, Constitution Hill, Braamfontein 2017. If the tender subm

This bid is subject to the preferential procurement policy framework act and the preferential procurement regulations, 2022, the general conditions of contract (gcc) and the special conditions of contract

institutions, was established to “strengthen constitutional democracy in the Republic”. The Commission is

an independent institution that is subject only to the Constitution and the Law of South Africa and is

accountable to the National Assembly.

validity period of the tender shall be deemed to be extended until finalisation of the

appeal; unless the bidder has requested in writing that its tender be withdrawn.

(xi) The Central Supplier Database (CSD):.

1.1. “Closing time‟ means the date and hour specified in the bidding documents for the receipt of

bids.

1.2. “Contract” means the written agreement entered into between the purchaser and the supplier, as

recorded in the contract form signed by the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

1.3. “Contract price” means the price payable to the supplier under the contract for the full and proper

performance of his or her contractual obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5. “Countervailing duties” are imposed in cases in which an enterprise abroad is subsidised by its

government and encouraged to market its products internationally.

1.6. „Country of origin” means the place where the goods were mined, grown or produced or from

which the services are supplied. Goods are produced when, through manufacturing, processing

or substantial and major assembly of components, a commercially recognised new product

results that is substantially different in basic characteristics or in purpose or utility from its

components.

1.7. “Day” means calendar day.

1.8. “Delivery” means delivery in compliance with the conditions of the contract or order.

1.9. “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10. “Delivery into consignee’s store or to his site” means delivered and unloaded in the specified

store or depot or on the specified site in compliance with the conditions of the contract or order,

the supplier bearing all risks and charges involved until the supplies are so delivered and a valid

receipt is obtained.

1.11. “Dumping” occurs when a private enterprise abroad markets its goods on its own initiative in the

3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any

expense incurred in the preparation and submission of a bid. Where applicable, a non-

refundable fee for documents may be charged.

3.1. With certain exceptions, invitations to bid are only published in the Government Tender Bulletin.

10.1. Delivery of the goods shall be made by the supplier in accordance with the terms specified in the

contract. The details of shipping and/or other documents to be furnished by the supplier are

specified in the SCC.

10.2. Documents to be submitted by the supplier are specified in the SCC.

16. Payment

17. Prices

18. Contract amendments

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

34. Prohibition of restrictive practices

1. Definitions

The following terms shall be interpreted as indicated:

1.1. “Closing time‟ means the date and hour specified in the bidding documents for the receipt of

bids.

1.2. “Contract” means the written agreement entered into between the purchaser and the supplier, as

recorded in the contract form signed by the parties, including all attachments and appendices

thereto and all documents incorporated by reference therein.

1.3. “Contract price” means the price payable to the supplier under the contract for the full and proper

performance of his or her contractual obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5. “Countervailing duties” are imposed in cases in which an enterprise abroad is subsidised by its

government and encouraged to market its products internationally.

1.6. „Country of origin” means the place where the goods were mined, grown or produced or from

which the services are supplied. Goods are produced when, through manufacturing, processing

or substantial and major assembly of components, a commercially recognised new product

results that is substantially different in basic characteristics or in purpose or utility from its

components.

1.7. “Day” means calendar day.

1.8. “Delivery” means delivery in compliance with the conditions of the contract or order.

1.9. “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10. “Delivery into consignee’s store or to his site” means delivered and unloaded in the specified

store or depot or on the specified site in compliance with the conditions of the contract or order,

the supplier bearing all risks and charges involved until the supplies are so delivered and a valid

receipt is obtained.

1.11. “Dumping” occurs when a private enterprise abroad markets its goods on its own initiative in the

RSA at lower prices than that of the country of origin, and which action has the potential to harm

the local industries in the RSA.

1.12. “Force majeure” means an event beyond the control of the supplier, not involving the supplier‟s

fault or negligence, and not foreseeable. Such events may include, but are not restricted to, acts

of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

1.13. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of any bidder, and includes collusive

practice among bidders (prior to or after bid submission) designed to establish bid prices at

artificial, non-competitive levels and to deprive the bidder of the benefits of free and open

competition.

1.14. “GCC” means the General Conditions of Contract.

1.15. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16. “Imported content” means that portion of the bidding price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the

supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as landing costs, dock dues, import duty, sales duty or

other similar tax or duty at the South African place of entry as well as transportation and

handling charges to the factory in the Republic where the supplies covered by the bid will be

manufactured.

1.17. “Local content” means that portion of the bidding price which is not included in the imported

content, provided that local manufacture does take place.

1.18. “Manufacture” means the production of products in a factory using labour, materials, components

and machinery, and includes other, related value-adding activities.

1.19. “Order” means an official written order issued for the supply of goods or works or the rendering of

a service.

1.20. “Project site”, where applicable, means the place indicated in bidding documents.

1.21. “Purchaser” means the organisation purchasing the goods.

1.22. “Republic” means the Republic of South Africa.

1.23. “SCC” means the Special Conditions of Contract.

1.24. “Services” means those functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning, provision

of technical assistance, training, catering, gardening, security, maintenance, and other such

obligations of the supplier covered under the contract.

1.25. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

2. Application

2.1. These general conditions are applicable to all bids, contracts and orders, including bids for

functional and professional services, sales, hiring, letting and the granting or acquiring of rights,

but excluding immovable property, unless otherwise indicated in the bidding documents.

2.2. Where applicable, special conditions of contract are also laid down to cover specific supplies,

services or works.

2.3. Where such special conditions of contract are in conflict with these general conditions, the special

conditions shall apply.

3. General

3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any

expense incurred in the preparation and submission of a bid. Where applicable, a non-

refundable fee for documents may be charged.

3.1. With certain exceptions, invitations to bid are only published in the Government Tender Bulletin.

The Government Tender Bulletin may be obtained directly from the Government Printer, Private

Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za

4. Standards

4.1. The goods supplied shall conform to the standards mentioned in the bidding documents and

specifications.

5. Use of contract documents and information; inspection.

5.1. The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any

provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by

or on behalf of the purchaser in connection therewith, to any person other than a person

employed by the supplier in the performance of the contract. Disclosure to any such employed

person shall be made in confidence and shall extend only so far as may be necessary for the

purposes of such performance.

5.2. The supplier shall not, without the purchaser’s prior written consent, make use of any document

or information mentioned in GCC clause 5.1, except for purposes of performing the contract.

5.3. Any document, other than the contract itself, mentioned in GCC clause 5.1 shall remain the

property of the purchaser and shall be returned (all copies) to the purchaser on completion of the

supplier’s performance under the contract if so required by the purchaser.

5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the

performance of the supplier and to have them audited by auditors appointed by the purchaser, if

so required by the purchaser.

6. Patent rights

6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent,

trademark, or industrial design rights arising from the use of the goods or any part thereof by the

purchaser.

7. Performance Security

7.1. Within 30 (thirty) days of receipt of the notification of contract award, the successful bidder shall

furnish to the purchaser the performance security of the amount specified in the SCC.

7.2. The proceeds of the performance security shall be payable to the purchaser as compensation for

any loss resulting from the supplier’s failure to complete his obligations under the contract.

7.3. The performance security shall be denominated in the currency of the contract or in a freely

convertible currency acceptable to the purchaser, and shall be in one of the following forms:

a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the

purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the purchaser; or

b) a cashier’s or certified cheque

7.4. The performance security will be discharged by the purchaser and returned to the supplier not

later than 30 (thirty) days following the date of completion of the supplier’s performance

obligations under the contract, including any warranty obligations, unless otherwise specified in

the SCC.

8. Inspections, tests and analyses

8.1. All pre-bidding testing will be for the account of the bidder.

8.2. If it is a bid condition that supplies to be produced or services to be rendered should at any stage

during production or execution or on completion be subject to inspection, the premises of the

bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of

the Department or an organisation acting on behalf of the Department.

8.3. If there are no inspection requirements indicated in the bidding documents and no mention of

such is made in the contract, but during the contract period it is decided that inspections shall be

carried out, the purchaser shall itself make the necessary arrangements, including payment

arrangements with the testing authority concerned.

8.4. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in

accordance with the contract requirements, the cost of the inspections, tests and analyses shall

be defrayed by the purchaser.

8.5. Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract

requirements, irrespective of whether such supplies or services are accepted or not, the cost in

connection with these inspections, tests or analyses shall be defrayed by the supplier.

8.6. Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with

the contract requirements may be rejected.

8.7. Any contract supplies may on or after delivery be inspected, tested or analysed and may be

rejected if found not to comply with the requirements of the contract. Such rejected supplies shall

be held at the cost and risk of the supplier, who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with supplies which do comply with the

requirements of the contract. Failing such removal, the rejected supplies shall be returned at the

suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the

purchaser may, without giving the supplier further opportunity to substitute the rejected supplies,

purchase such supplies as may be necessary at the expense of the supplier.

8.8. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the

contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of the

Gcc,

9. Packing

9.1. The supplier shall provide such packing of the goods as is required to prevent their damage or

deterioration during transit to their final destination, as indicated in the contract. The packing shall

be sufficient to withstand, without limitation, rough handling during transit and exposure to

extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size

and weights shall take into consideration, where appropriate, the remoteness of the goods‟ final

destination and the absence of heavy handling facilities at all points in transit.

9.2. The packing, marking, and documentation within and outside the packages shall comply strictly

with such special requirements as shall be expressly provided for in the contract, including

additional requirements, if any, specified in the SCC, and in any subsequent instructions ordered

by the purchaser.

10. Delivery and documents

10.1. Delivery of the goods shall be made by the supplier in accordance with the terms specified in the

contract. The details of shipping and/or other documents to be furnished by the supplier are

specified in the SCC.

10.2. Documents to be submitted by the supplier are specified in the SCC.

11. Insurance

11.1. The goods supplied under the contract shall be fully insured, in a freely convertible currency,

against loss or damage incidental to manufacture or acquisition, transportation, storage and

delivery in the manner specified in the SCC.

12. Transportation

12.1. Should a price other than an all-inclusive delivered price be required, this shall be specified in the

Scc.

13. Incidental Services

13.1. The supplier may be required to provide any or all of the following services, including additional

services (if any) specified in the SCC:

a. performance or supervision of on-site assembly, and/or commissioning of the supplied

goods;

b. furnishing of tools required for the assembly and/or maintenance of the supplied goods;

c. furnishing of a detailed operations and maintenance manual for each appropriate unit of

the supplied goods;

d. performance or supervision or maintenance and/or repair of the supplied goods, for a

period of time agreed by the parties, provided that this service shall not relieve the supplier

of any warranty obligations under this contract; and

e. training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,

start-up, operation, maintenance, and/or repair of the supplied goods.

13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the

goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates

charged to other parties by the supplier for similar services

14. Spare parts

14.1. As specified in the SCC, the supplier may be required to provide any or all of the following

materials, notifications, and information pertaining to spare parts manufactured or distributed by

the supplier:

a) such spare parts as the purchaser may elect to purchase from the supplier, provided that

this election shall not relieve the supplier of any warranty obligations under the contract; and

b) in the event of termination of production of the spare parts:

i. Advance notification to the purchaser of the pending termination, in sufficient time to

permit the purchaser to procure needed requirements; and

ii. following such termination, furnishing at no cost to the purchaser, the blueprints,

drawings, and specifications of the spare parts, if requested.

15.1. The supplier warrants that the goods supplied under the contract are new, unused, of the most

recent or current models and that they incorporate all recent improvements in design and

materials unless provided otherwise in the contract. The supplier further warrants that all goods

supplied under this contract shall have no defect arising from design, materials, or workmanship

(except when the design and/or material is required by the purchaser‟s specifications), or from

any act or omission of the supplier, that may develop under normal use of the supplied goods in

the conditions prevailing in the country of final destination.

15.2. This warranty shall remain valid for 12 (twelve) months after the goods, or any portion thereof, as

the case may be, have been delivered to and accepted at the final destination indicated in the

contract, or for 18 (eighteen) months after the date of shipment from the port or place of loading

in the source country, whichever period concludes earlier, unless specified otherwise in the SCC.

15.3. The purchaser shall notify the supplier promptly, in writing, of any claims arising under this

warranty.

15.4. Upon receipt of such notice, the supplier shall, within the period specified in the SCC and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to the

purchaser.

15.5. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in the

15.6. SCC, the purchaser may proceed to take such remedial action as may be necessary, at the

supplier’s risk and expense and without prejudice to any other rights which the purchaser may

have against the supplier under the contract.

16. Payment

16.1. The method and conditions of payment to be made to the supplier under this contract shall be

specified in the SCC.

16.2. The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery

note and upon fulfilment of any other obligations stipulated in the contract.

4.1. I, ________________________________________________ (duly authorised to represent the bidder for the

purpose of this tender), hereby tender to supply all or any of the goods and/or render all or any of the services

described in the attached document to the Commission for Gender Equality (“CGE‟) on the terms and

conditions stipulated in this tender document and in accordance with the specification stipulated in the tender

document at the prices reflected in the Contract Form/Price Schedule.

4.2. The bidder agrees that:

4.2.1. the tender offer submitted shall remain valid, irrevocable and open for written acceptance by the CGE for

a period of 120 (one hundred and twenty) days from the closing date or for such extended period as

may be applicable;

4.2.2. the tender offer will not be withdrawn or amended during the aforesaid validity period;

4.2.3. notwithstanding the above, the bidder may submit a written request to the CGE after the closing date for

permission to withdraw the tender offer. Such withdrawal will be permitted or refused at the sole

discretion of the CGE after consideration of the reasons for the withdrawal, which shall be fully set out by

the bidder in the written request for withdrawal;

4.2.4. should the tender offer be withdrawn in contravention of 5.2.1 to 5.2.3 above, the bidder agrees that:

a) it shall be liable to the CGE for any additional expense incurred by the CGE in having either to

accept another tender or, if new tenders have to be invited, the additional expenses incurred by the

invitation of new tenders and the subsequent acceptance of any other tender;

b) the CGE shall also have the right to recover such additional expenses by set-off against moneys

which may be due or become due to the bidder under this or any other tender or contract or against

any guarantee or deposit that may have been furnished by the bidder or on its behalf for the due

fulfilment of this or any other tender or contract. Pending the ascertainment of the amount of such

additional expenses, the CGE shall be entitled to retain such moneys, guarantee or deposit as

security for any loss the CGE may suffer due to such withdrawal.

4.3. The bidder agrees that this tender and its acceptance shall be subject to the terms and conditions contained in

the CGE’s Supply Chain Management Policy (“SCM Policy‟) and Combating of Abuse of the Supply Chain

Management System Policy (“Abuse Policy‟).

___________________________

Signature(s)

___________________________

Print name(s):

On behalf of the bidder (duly authorised)

___________________________

(i) Bidding documents, viz

• Invitation to bid;
• Pricing schedule(s);
• Proposal;
• Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in

terms of the Preferential Procurement Regulations;

• Declaration of interest;
• Declaration of bidder’s past SCM practices;
• Certificate of Independent Bid Determination;
• Special Conditions of Contract;

(ii) General Conditions of Contract; and

(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s)

quoted cover all the services specified in the bidding 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.

• Required by: ........................................

• At: ........................................

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

• Brand and model ........................................

• Country of origin ........................................

• Does the offer comply with the specification(s)? *YES/NO

• If not to specification, indicate deviation(s)........................................

• Period required for delivery ........................................
• Delivery: Firm/not firm

• Delivery basis ..........................................

Note: All delivery costs must be included in the bid price, for delivery at the prescribed

destination.

• * “all applicable taxes” includes value- added tax, pay as you earn, income tax,

unemployment insurance fund contributions and skills development levies.

• Delete if not applicable

Terms of reference

Provission of wide area network(wan) services with

Internet access for 36 months

(i) A fully outsourced and managed SD-WAN network service to CGE, offering

security, reliability and manageability.

(ii) Any-to-any connectivity between all CGE's branches and the Head Office,

as well as Internet access for each of the branches and Head Office with

the following specifications:

• Head office Connection speed of at least 200 Mbps.

• Provincial office Connection of at least 100 Mbps per province for 9

offices.

• Uncapped Internet access.

• The provisioning, configuration, maintenance, and management of the

all the following minimum requirements to achieve a full scoring of

40 points in this category:

1.1 A fully outsourced and managed network service to CGE,

offering security, reliability, and manageability.

1.2 Any to any device connectivity between all CGE’s branches”

Head Office Connection speed of at least 200Mbps”

“Provincial office Connection speed of at least 100 Mbps per

province (9) provinces.

1.3 Capability to prioritise network traffic according to CGE’s

business requirements effectively.

1.4 Scalability as business requirements change and develop.

2 Implementation Plan and time scales: 20

2.1 Implementation and time frames / project plan 5

2.2 Maintenance contract costs post Implementation of the bid 5

3 Corporate structure and strength of Bidder: 5

• Minimum experience not less than 10 years

• Submission of 3 testimonials and verifiable reference letters.

• Latest audited/ assured financial statements

4 Other SD-WAN solution customers 5

Total points 60

in order to inter alia:

a. influence the process and/or outcome of a tender;

b. incite breach of confidentiality and/or the offering of bribes;

c. cause over- or under-invoicing;

d. influence the choice of procurement method or technical standards;

e. Influence any CGE official in any way which may secure an unfair\ advantage

during or at any stage of the procurement process.

constitute a material breach of this Contract, in which case the CGE reserves the right to cancel the

1.2. Guarantee /Performance Security – Clause 7 of the GCC

1.3. Insurance – Clause 11 of the GCC

1.7. Settlement of Disputes – Clause 27 of the GCC

1.8. Should the parties fail to resolve any dispute by way of mutual consultation as contemplated in clause

27.1 of the GCC, either party shall be entitled to refer the matter for mediation before an independent

and impartial person appointed by the Accounting Officer. The mediator’s ruling shall become final and

binding on the parties only to the extent that it is correctly recorded as being agreed by the parties in

writing. Save for reference to any portion of any settlement or decision which has been agreed to be

final and binding on the parties, no reference shall be made by or on behalf of either party, in any

subsequent court proceedings, to any outcome of an amicable settlement by mutual consultation, or to

the fact that any particular evidence was given, or to any submission, statement or admission made in

the course of amicable settlement by mutual consultation or mediation. Should it not be possible to

settle a dispute by means of mediation, it shall be settled in a South African court of law as

contemplated in clause 27.3 of the GCC.

1.9. Limitation of Liability- Clause 28 of GCC

1.9.1. Without detracting from, and in addition to, any of the other indemnities in this Contract, the

supplier shall be solely liable for and hereby indemnifies and holds the CGE harmless against

all claims, charges, damages, costs, actions, liability, demands and/or proceedings and

expense in connection with:

a. personal injury or loss of life to any individual;

b. loss of or damage to the property of any individual;

arising from, out of, or in connection with the provision by the supplier in terms of this

breach of the Contract.

the local industries in the RSA.

1.12. “Force majeure” means an event beyond the control of the supplier, not involving the supplier‟s

fault or negligence, and not foreseeable. Such events may include, but are not restricted to, acts

of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions and freight embargoes.

1.13. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of any bidder, and includes collusive

practice among bidders (prior to or after bid submission) designed to establish bid prices at

artificial, non-competitive levels and to deprive the bidder of the benefits of free and open

competition.

1.14. “GCC” means the General Conditions of Contract.

1.15. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16. “Imported content” means that portion of the bidding price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the

supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs such as landing costs, dock dues, import duty, sales duty or

other similar tax or duty at the South African place of entry as well as transportation and

handling charges to the factory in the Republic where the supplies covered by the bid will be

manufactured.

1.17. “Local content” means that portion of the bidding price which is not included in the imported

content, provided that local manufacture does take place.

1.18. “Manufacture” means the production of products in a factory using labour, materials, components

and machinery, and includes other, related value-adding activities.

1.19. “Order” means an official written order issued for the supply of goods or works or the rendering of

a service.

1.20. “Project site”, where applicable, means the place indicated in bidding documents.

1.21. “Purchaser” means the organisation purchasing the goods.

1.22. “Republic” means the Republic of South Africa.

1.23. “SCC” means the Special Conditions of Contract.

1.24. “Services” means those functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning, provision

of technical assistance, training, catering, gardening, security, maintenance, and other such

obligations of the supplier covered under the contract.

1.25. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent,

trademark, or industrial design rights arising from the use of the goods or any part thereof by the

purchaser.

7.1. Within 30 (thirty) days of receipt of the notification of contract award, the successful bidder shall

furnish to the purchaser the performance security of the amount specified in the SCC.

7.2. The proceeds of the performance security shall be payable to the purchaser as compensation for

any loss resulting from the supplier’s failure to complete his obligations under the contract.

7.3. The performance security shall be denominated in the currency of the contract or in a freely

convertible currency acceptable to the purchaser, and shall be in one of the following forms:

a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the

purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the

bidding documents or another form acceptable to the purchaser; or

b) a cashier’s or certified cheque

7.4. The performance security will be discharged by the purchaser and returned to the supplier not

later than 30 (thirty) days following the date of completion of the supplier’s performance

obligations under the contract, including any warranty obligations, unless otherwise specified in

the SCC.

13.1. The supplier may be required to provide any or all of the following services, including additional

services (if any) specified in the SCC:

a. performance or supervision of on-site assembly, and/or commissioning of the supplied

goods;

b. furnishing of tools required for the assembly and/or maintenance of the supplied goods;

c. furnishing of a detailed operations and maintenance manual for each appropriate unit of

the supplied goods;

d. performance or supervision or maintenance and/or repair of the supplied goods, for a

period of time agreed by the parties, provided that this service shall not relieve the supplier

of any warranty obligations under this contract; and

e. training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly,

start-up, operation, maintenance, and/or repair of the supplied goods.

13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the

goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates

charged to other parties by the supplier for similar services

14.1. As specified in the SCC, the supplier may be required to provide any or all of the following

materials, notifications, and information pertaining to spare parts manufactured or distributed by

the supplier:

a) such spare parts as the purchaser may elect to purchase from the supplier, provided that

this election shall not relieve the supplier of any warranty obligations under the contract; and

b) in the event of termination of production of the spare parts:

i. Advance notification to the purchaser of the pending termination, in sufficient time to

permit the purchaser to procure needed requirements; and

ii. following such termination, furnishing at no cost to the purchaser, the blueprints,

drawings, and specifications of the spare parts, if requested.

15. Warranty

15.1. The supplier warrants that the goods supplied under the contract are new, unused, of the most

recent or current models and that they incorporate all recent improvements in design and

materials unless provided otherwise in the contract. The supplier further warrants that all goods

supplied under this contract shall have no defect arising from design, materials, or workmanship

(except when the design and/or material is required by the purchaser‟s specifications), or from

any act or omission of the supplier, that may develop under normal use of the supplied goods in

the conditions prevailing in the country of final destination.

15.2. This warranty shall remain valid for 12 (twelve) months after the goods, or any portion thereof, as

the case may be, have been delivered to and accepted at the final destination indicated in the

contract, or for 18 (eighteen) months after the date of shipment from the port or place of loading

in the source country, whichever period concludes earlier, unless specified otherwise in the SCC.

15.3. The purchaser shall notify the supplier promptly, in writing, of any claims arising under this

warranty.

15.4. Upon receipt of such notice, the supplier shall, within the period specified in the SCC and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to the

purchaser.

15.5. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in the

15.6. SCC, the purchaser may proceed to take such remedial action as may be necessary, at the

supplier’s risk and expense and without prejudice to any other rights which the purchaser may

have against the supplier under the contract.

These special conditions of contract (scc) supplement and must be read

/Consortium/ Joint Venture or Sole Proprietor /Individual

TRADING AS (if different from above)

Institution: Commission for Gender Equality:

Contact Person: Shadrack Mafutsa

Tel: 011 403 7182

E-mail address: [email protected]