Supply and implementation of electronic payment platform – government tender in kwazulu-natal

{"closingDate":"3 August 2026","closingTime":"11:00am"}

{"name":"Ms. Yandisa Kumalo CONTACT PERSON","email":"[email protected]","phone":"031 266 1777","department":"SUPPLY CHAIN MANAGEMENT","address":"ON Ms. Lunghile Mhlaba"}

The Moses Kotane Research Institute (MKRI) is in the process of strengthening and expanding the

functionality of the current KZN Knowledge Repository Portal as part of its strategic objective to

improve access to research outputs and enhance institutional sustainability through research

revenue generation. As part of this initiative, there is a need to implement a secure and integrated

e-pay solution that will enable controlled access to selected research outputs and knowledge

products through online payment functionality.

The proposed e-pay solution is expected to support key functionalities including secure online

payments, multiple payment methods, automated receipts, real-time payment verification,

transaction reporting, audit trail functionality, and integration with the Knowledge Repository

Portal. The system will further support user access management, allowing paid users to unlock or

download selected research outputs while ensuring compliance with data security and

governance requirements.

This initiative aligns with MKRI’s evolving strategic direction towards digital transformation,

knowledge commercialisation, and improved accessibility of research outputs to stakeholders,

thereby contributing towards evidence-based decision making.

2.1 The appointed service provider will be required to supply, configure, integrate and support an e-

payment platform for the Knowledge Repository. The solution should, at a minimum, support the

following functional and technical requirements:

• Enable secure online payments for access to the available research materials and related

products

• Users’ payment and personal data information and security protection feature

• Support multiple payment methods (e.g. EFT, debit/credit card, instant EFT)

• Integrate seamlessly with the Knowledge Portal platform (WordPress web-based system)

• Allow user-based access control, where payment unlocks/downloads specific content

• Generate automated payment confirmations and receipts for users

• Maintain a transaction record/database for all payments made

• Provide real-time payment verification (i.e. confirm successful transactions instantly)

• Support reporting and reconciliation (daily/monthly revenue reports)

• Integrate (where possible) with existing financial/accounting systems for audit purposes

• Ensure compliance with data security and protection standards (e.g. POPIA)

• Allow for pricing flexibility (different pricing for different products/services)

• Support multiple user registration (for financial and administration purposes)

• Account management: to manage subscription renewals (if applicable) and user access control.

• Provide audit trail functionality for all transactions

2.2 Deliverables

• Project inception report and implementation plan.

• Configured e-payment platform aligned to MKRI requirements.

• Integration with the Knowledge Repository and relevant back-office processes.

• User acceptance testing, security testing and issue-resolution report.

• Administrator and user training, including user guides or standard operating procedures.

• Go-live support, maintenance arrangements and service-level commitments.

• Transaction, reconciliation, audit trail and management reporting functionality.

2.3 Proposal Requirements

• Company profile, registration documents and relevant tax and supplier database compliance

information.

• Technical proposal describing the proposed solution, architecture, security controls, integration

approach and support model.

• Implementation methodology, project plan, timelines and resource allocation.

• Detailed pricing schedule, including once-off implementation costs, transaction fees,

subscription fees, support costs and any optional costs.

• Evidence of compliance with applicable data protection, cybersecurity and payment security

standards.

• At least three client references for similar work, where available.

2.4 Project Governance and Reporting

The appointed service provider will report to MKRI’s designated project owner and will be

expected to participate in inception, progress, testing, go-live and close-out meetings. Progress

reports must identify completed activities, outstanding issues, risks, dependencies and

decisions required from MKRI.

2.5 Indicative Timelines

Service providers should propose realistic implementation timelines. MKRI anticipates that the

assignment may include inception, configuration, integration, testing, training, go-live and post

implementation support phases. Final timelines will be agreed with the appointed service

provider during contracting.

2.6 Confidentiality, Data Protection and Security

The service provider must treat all MKRI, user, transaction and system information as

confidential and must implement appropriate technical and organisational safeguards. The

solution must support secure processing, storage and transmission of personal and payment

related information, role-based access, logging, auditability, incident reporting and compliance

with applicable data protection and payment security requirements.

2.7 Submission Instructions

Interested service providers must submit a complete proposal by the closing date and time

stated in the invitation notice. The submission must include all required administrative,

technical and pricing information. Late, incomplete or non-compliant submissions may be

disqualified at MKRI’s discretion and in accordance with applicable procurement rules.

3.1.1 Evaluation Criteria

The evaluation criteria will consist of the following three stages:

Stage 1 (a) : Administrative compliance

a) Bids submitted must be complete in all respects

b) The following form must be duly completed and submitted with the bid at the time of closing date of bid:

COMPULSORY BID FORMS Tick to indicate

1 Company Experience - Per letter and completion of 50

Bidder must submit at least 5 signed reference letters in clients company annexure A = 10 pts

letterhead, within the last 5 years, confirming delivery of similar service with scope,

and contactable references (Submit reference letters and complete annexure A

below).

Bidder to also submit Curriculum Vitae (CV’s) of all key personnel proposed

for this project using the prescribed template (Annexure C). Certified copies

of relevant qualifications and professional certifications applicable to this

project must also be submitted.

2 Functional Compliance of Proposed Solution - 2 points for each functional 30

requirement met.

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 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.

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 organization acting on behalf of the Department.

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

bidding document (SBD) Forms:

a) SBD 1: Invitation to Bid

b) Section B: Declaration that Information on Central Suppliers Database

c) SBD 4: Bidders Disclosure (Please declare all companies under directors’

names on CSD, declare using MAAA numbers as listed on CSD)

d) Authority to Sign Tender or Submit Enterprise’s Resolution Letter

Tenderers should submit SBD 3.1 (Firm Pricing Schedule) indicating the grand total,

if space is insufficient for the line items the tenderer must attach a breakdown of

the quotation.

Stage 1 (b): Mandatory Requirements

a) Proof of relevant company accreditation.

Stage 2: Functionality evaluation

Proposals are required to achieve a minimum score of 70 points on functional

evaluation to qualify for further evaluation stage.

Stage 3: 80/20 Price and preference point system

This invitation is issued in terms of section 5 of the Preferential Procurement Policy

Framework Act, 2000 (Act No. ) and its Regulations, 2022.

(Complete and sign)

Sbd 3.1 Pricing schedule

(Complete)

Sbd 4 biddder’s disclosure

(Complete and sign)

Sbd 6.1 Preference points claim form

(Complete and sign)

Date: ....................................................

Sbd 3.1

Pricing schedule – non-firm prices

(Purchases)

Note: price adjustments will be allowed at the periods and times specified in the

stated in the invitation notice. The submission must include all required administrative,

technical and pricing information. Late, incomplete or non-compliant submissions may be

disqualified at MKRI’s discretion and in accordance with applicable procurement rules.

3.1.1 Evaluation Criteria

Sbd3.1 Pricing schedule (sbd3.1)

Sbd4 declaration of interest (sbd 4)

payments, multiple payment methods, integration with Knowledge Repository,

user access controls, automated receipts, real-time verification, reporting,

audit trail, pricing flexibility and user registration. Bidder must also submit

evidence of platform compliance with POPIA, PCI-DSS (where applicable),

encryption standards, access controls and audit logging. (Functional

Requirements under Section 2.1)

Minimum functionality/qualifying score: 70

minimum score of 70

Tax compliance

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS

Tcs pin is available but the bidder is registered on the central supplier database

Csd number

Csd number must be provided

CSD Registration

Central supplier database

Central supplier database is correct and up to

Central supplier database with respect to the

Declaration that information on central supplier database is correct and up to

................................................................................................................. CSD Registration

AM aware of the contents of the central supplier database with respect to the

Disqualification of this bid from the bidding process, and/or possible cancellation

Application for tax compliance status (tcs) pin may be made via e-filing through the SARS

Submit a separate tcs certificate / pin / csd number.

Where NO tcs pin is available but the bidder is registered on the central supplier database

(Csd), a csd number must be provided.

Please note that this bid is subject to treasury regulations 16a issued

Bove, then IT is not a requirement to register for a tax compliance

Points Allocation: 90 points

B-BBEE Details: age 1 (b): Mandatory Requirements

a) Proof of relevant company accreditation.

Stage 2: Functionality evaluation

Proposals are required to achieve a minimum score of 70 points on functional

evaluation to qualify for further evaluation stage.

Stage 3: 80/20 Price and preference point system

This invitation is issued in terms of section 5 of the Preferential Procurement Policy

Framework Act, 2000 (Act No. ) and its Regulations, 2022.

Preference Point Points Proof of documentation required to

System claim the specific goals

Price 80

Specific Goals 20

≥70% Black Ownership 10 Copy of BBBEE certificate /an affidavit

≥51% Women Ownership 6 Copies of an Identity document (ID)

≥30% Youth Ownership 2 Copy of Enterprise Registration Certificate

(Cipc)

≥20% People living with disability 2 Doctor’s medical certificate/Proof of disability

Ownership letter

It is compulsory for bidders to substantiate that they meet the above specific goals and

requirements by submitting the following evidence:

(a) Copy of Enterprise Registration Certificate (CIPC)

(b) Copies of an identity document (ID)

(c) Copies of an BBBEE certificate (BBBEE)

(d) Doctor’s medical certificate / Proof of disability letter

It is mandatory for tenderers to complete SBD 6.1 to claim points for specific goals,

failure to complete SBD 6.1 shall be interpreted to mean the points for specific goals

are not claimed.

Submission of proposals

Closing date: 3 August 2026

Time: 11:00am

Proposals must be emailed to [email protected]

Sbd forms

Sbd 1- part invitation to bid

A (Complete)

Sbd 1- part terms and conditions for bidding

B (Complete and sign)

Section a special instructions regarding completion of

Bid

(Submit)

Section b declaration that information on central

Suppliers databa

appear on such photocopies.

of section 59 of the Competition Act No and or may be reported to the National

Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting

business with the public sector for a period not exceeding ten (10) years in terms of the Prevention

and Combating of Corrupt Activities Act No or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS CORRECT.

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.

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

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 SCC.

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

countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or

countervailing right is increased in respect of any dumped or subsidized import, the State is not

liable for any amount so required or imposed, or for the amount of any such increase. When,

after the said date, such a provisional payment is no longer required or any such anti-dumping

or countervailing right is abolished, or where the amount of such provisional payment or any

such right is reduced, any such favourable difference shall on demand be paid forthwith by the

contractor to the State or the State may deduct such amounts from moneys (if any) which may

otherwise be due to the contractor in regard to supplies or services which he delivered or

rendered, or is to deliver or render in terms of the contract or any other contract or any other

amount which may be due to him.

31.1. Every written acceptance of a bid shall be posted to the supplier concerned by registered or

certified mail and any other notice to him shall be posted by ordinary mail to the address

furnished in his bid or to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice

31.2. The time mentioned in the contract documents for performing any act after such aforesaid

notice has been given, shall be reckoned from the date of posting of such notice.

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 twelve (12) 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 eighteen (18) 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 SCC.

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

warranty.

15.4. Upon receipt of such notice, the supplier shall, within the period specified in 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

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 SCC.

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

note and upon fulfillment of other obligations stipulated in the contract.

16.3. Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days

after submission of an invoice or claim by the supplier.

16.4. Payment will be made in Rand unless otherwise stipulated in SCC.

17. Prices

17.1. Prices charged by the supplier for goods delivered and services performed under the contract

shall not vary from the prices quoted by the supplier in his bid, with the exception of any price

adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case

may be.

18. Contract amendments

No variation in or modification of the terms of the contract shall be made except by written

amendment signed by the parties concerned.

19. Assignment

The supplier shall not assign, in whole or in part, its obligations to perform under the contract,

except with the purchaser’s prior written consent.

20. Subcontracts

The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contracts if not already specified in the bid. Such notification, in the original bid or later, shall

not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1. Delivery of the goods and performance of services shall be made by the supplier in accordance

with the time schedule prescribed by the purchaser in the contract.

21.2. If at any time during performance of the contract, the supplier or its subcontractor(s) should

encounter conditions impeding timely delivery of the goods and performance of services, the

supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration

and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall

evaluate the situation and may at his discretion extend the supplier’s time for performance, with

or without the imposition of penalties, in which case the extension shall be ratified by the parties

by amendment of contract.

21.3. No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from

a national department, provincial department, or a local authority.

21.4. The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not situated

at or near the place where the supplies are required, or the supplier’s services are not readily

available.

21.5. Except as provided under GCC Clause 25, a delay by the supplier in the performance of its

delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC

Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the

application of penalties.

21.6. Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser

shall, without cancelling the contract, be entitled to purchase supplies of a similar quality and up

to the same quantity in substitution of the goods not supplied in conformity with the contract

and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract

and buy such goods as may be required to complete the contract and without prejudice to his

other rights, be entitled to claim damages from the supplier.

22. Penalties

Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform

the services within the period(s) specified in the contract, the purchaser shall, without prejudice

to its other remedies under the contract, deduct from the contract price, as a penalty, a sum

calculated on the delivered price of the delayed goods or unperformed services using the

current prime interest rate calculated for each day of the delay until actual delivery or

performance. The purchaser may also consider termination of the contract pursuant to GCC

Clause 23.

23. Termination for default

The purchaser, without prejudice to any other remedy for breach of contract, by written notice

of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the

contract, or within any extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

(b) if the Supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent

practices in competing for or in executing the contract.

23.1. In the event the purchaser terminates the contract in whole or in part, the purchaser may

procure, upon such terms and in such manner as it deems appropriate, goods, works or services

similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs

for such similar goods, works or services. However, the supplier shall continue performance of

the contract to the extent not terminated.

23.2. Where the purchaser terminates the contract in whole or in part, the purchaser may decide to

impose a restriction penalty on the supplier by prohibiting such supplier from doing business with

the public sector for a period not exceeding 10 years.

23.3. If a purchaser intends imposing a restriction on a supplier or any person associated with the

supplier, the supplier will be allowed a time period of not more than fourteen (14) days to provide

reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond

within the stipulated fourteen (14) days the purchaser may regard the intended penalty as not

objected against and may impose it on the supplier.

23.4. Any restriction imposed on any person by the Accounting Officer / Authority will, at the

discretion of the Accounting Officer / Authority, also be applicable to any other enterprise or any

partner, manager, director or other person who wholly or partly exercises or exercised or may

exercise control over the enterprise of the first-mentioned person, and with which enterprise or

person the first-mentioned person, is or was in the opinion of the Accounting Officer / Authority

actively associated.

23.5. If a restriction is imposed, the purchaser must, within five (5) working days of such imposition,

furnish the National Treasury, with the following information:

(i) the name and address of the supplier and / or person restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons

prohibited from doing business with the public sector.

23.6. If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the

Prevention and Combating of Corrupt Activities Act, No. , the court may also rule

that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s

name has been endorsed on the Register, the person will be prohibited from doing business

with the public sector for a period not less than five years and not more than 10 years. The

National Treasury is empowered to determine the period of restriction and each case will be

dealt with on its own merits. According to section 32 of the Act the Register must be open to

the public. The Register can be perused on the National Treasury website.

24. Anti-dumping and countervailing duties and rights

When, after the date of bid, provisional payments are required, or antidumping or

countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or

countervailing right is increased in respect of any dumped or subsidized import, the State is not

liable for any amount so required or imposed, or for the amount of any such increase. When,

after the said date, such a provisional payment is no longer required or any such anti-dumping

or countervailing right is abolished, or where the amount of such provisional payment or any

such right is reduced, any such favourable difference shall on demand be paid forthwith by the

contractor to the State or the State may deduct such amounts from moneys (if any) which may

otherwise be due to the contractor in regard to supplies or services which he delivered or

rendered, or is to deliver or render in terms of the contract or any other contract or any other

amount which may be due to him.

25. Force Majeure

25.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for

forfeiture of its performance security, damages, or termination for default if and to the extent

that his delay in performance or other failure to perform his obligations under the contract is the

result of an event of force majeure.

25.2. If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of

such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the

supplier shall continue to perform its obligations under the contract as far as is reasonably

practical, and shall seek all reasonable alternative means for performance not prevented by the

force majeure event.

26. Termination for insolvency

The purchaser may at any time terminate the contract by giving written notice to the supplier if the

supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without

compensation to the supplier, provided that such termination will not prejudice or affect any right of

action or remedy which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1. If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort to

resolve amicably such dispute or difference by mutual consultation.

27.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the purchaser or the supplier may give notice to the other party

of his intention to commence with mediation. No mediation in respect of this matter may be

commenced unless such notice is given to the other party.

27.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in a South

African court of law.

27.4. Mediation proceedings shall be conducted in accordance with the rules of procedure specified

in the SCC.

27.5. Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract unless

they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier.

28. Limitation of liability

Except in cases of criminal negligence or willful misconduct, and in the case of infringement

pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any obligation of the supplier to

pay penalties and/or damages to the purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or

otherwise, shall not exceed the total contract price, provided that this limitation shall not apply

to the cost of repairing or replacing defective equipment.

29. Governing language

The contract shall be written in English. All correspondence and other documents pertaining to the

contract that is exchanged by the parties shall also be written in English.

30. Applicable law

The contract shall be interpreted in accordance with South African laws, unless otherwise specified

in SCC.

31. Notices

31.1. Every written acceptance of a bid shall be posted to the supplier concerned by registered or

certified mail and any other notice to him shall be posted by ordinary mail to the address

furnished in his bid or to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice

31.2. The time mentioned in the contract documents for performing any act after such aforesaid

notice has been given, shall be reckoned from the date of posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other

such levies imposed outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until

delivery of the contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the

award of a bid the Department must be in possession of a tax clearance certificate, submitted

by the bidder. This certificate must be an original issued by the South African Revenue Services.

33. National Industrial Participation (NIP) Programme

The NIP Programme administered by the Department of Trade and Industry shall be applicable to all

contracts that are subject to the NIP obligation.

34. Prohibition of Restrictive practices

34.1. In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an

agreement between, or concerted practice by, firms, or a decision by an association of firms, is

prohibited if it is between parties in a horizontal relationship and if a bidder (s) is / are or a

contractor(s) was / were involved in collusive bidding (or bid rigging).

34.2. If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the

purchaser, has / have engaged in the restrictive practice referred to above, the purchaser may

refer the matter to the Competition Commission for investigation and possible imposition of

administrative penalties as contemplated in the Competition Act No. .

Section d

Authority to sign a tender

The bidder must indicate the enterprise status by signing the appropriate box hereunder.

(I) (ii) (iii) (iv) (v) (vi)

Close companies sole partnershi co- joint venture /

Corporati proprieto p operative consortium

On r

Incorporated

Unincorporate

d

I/We, the undersigned, being the Member(s) of Cooperative/ Sole Owner (Sole Proprietor)/

Close Corporation/ Partners (Partnership)/ Company (Representative) or Lead Partner (Joint

Venture / Consortium), in the enterprise trading as:

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

hereby authorise Mr/Mrs/Ms .................................................................................................................

acting in the capacity of ............................................................................................................................

whose signature is .......................................................................................................................................

to sign all documents in connection with this bid and any contract resulting therefrom on behalf

of the enterprise.

Note:

Members of the enterprise must complete this form in full according to the type of enterprise,

authorising the signatory to sign all documents in connection with this bid and any contract

resulting therefrom on behalf of the enterprise.

Name address signature date

(if the space provided is not enough, please list all the director in the resolution letter)

Note: Director/s may appoint themselves if they will be the one signing all documents in

connection with this bid and any contract resulting therefrom on behalf of the enterprise.

Section e

Specification/ terms of reference

Provision of Electronic Payment Platform for the MKRI Knowledge Repository

• 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

** “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

Sbd 4

Bidder’s disclosure

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box

4.6. I, the undersigned, who is duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the specific goals

as advised in the tender, qualifies the company/ firm for the preference(s)

shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General

Conditions as indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed

as shown in paragraphs 1.4 and 4.2, the contractor may be required

to furnish documentary proof to the satisfaction of the organ of state

that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent

basis or any of the conditions of contract have not been fulfilled, the

organ of state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of

that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a

result of having to make less favourable arrangements due to such

cancellation;

(d) recommend that the tenderer or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted from obtaining business from any organ of

state for a period not exceeding 10 years, after the audi alteram partem

(hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer(s)

Surname and name: ................................................................

Date: ...............................................................

Address: ...............................................................

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

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

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

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 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 where an enterprise abroad is subsidized 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 recognized

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 of 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 consignees 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 market its goods on own

initiative in the RSA at lower prices than that of the country of origin and which have the

potential to harm the local industries in the RSA.

1.12. ”Force majeure” means an event beyond the control of the supplier and not

involving the supplier’s fault or negligence and not foreseeable. Such events may include,

but is 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 organization 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 that 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 use of the goods or any part

thereof by the purchaser.

7.1. Within thirty (30) 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 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:

7.4. 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

7.5. a cashier’s or certified cheque.

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

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

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

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

services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or commissioning of the supplied

goods;

(b) furnishing of tools required for 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 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:

c) Advance notification to the purchaser of the pending termination, in sufficient time to

permit the purchaser to procure needed requirements; and

d) 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 twelve (12) 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 eighteen (18) 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 SCC.

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

warranty.

15.4. Upon receipt of such notice, the supplier shall, within the period specified in 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

contracts if not already specified in the bid. Such notification, in the original bid or later, shall

not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1. Delivery of the goods and performance of services shall be made by the supplier in accordance

with the time schedule prescribed by the purchaser in the contract.

21.2. If at any time during performance of the contract, the supplier or its subcontractor(s) should

encounter conditions impeding timely delivery of the goods and performance of services, the

supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration

and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall

evaluate the situation and may at his discretion extend the supplier’s time for performance, with

or without the imposition of penalties, in which case the extension shall be ratified by the parties

by amendment of contract.

21.3. No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from

a national department, provincial department, or a local authority.

21.4. The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not situated

at or near the place where the supplies are required, or the supplier’s services are not readily

available.

21.5. Except as provided under GCC Clause 25, a delay by the supplier in the performance of its

delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC

Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the

application of penalties.

21.6. Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser

shall, without cancelling the contract, be entitled to purchase supplies of a similar quality and up

to the same quantity in substitution of the goods not supplied in conformity with the contract

and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract

and buy such goods as may be required to complete the contract and without prejudice to his

other rights, be entitled to claim damages from the supplier.

Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform

the services within the period(s) specified in the contract, the purchaser shall, without prejudice

to its other remedies under the contract, deduct from the contract price, as a penalty, a sum

calculated on the delivered price of the delayed goods or unperformed services using the

current prime interest rate calculated for each day of the delay until actual delivery or

performance. The purchaser may also consider termination of the contract pursuant to GCC

Clause 23.

25.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for

forfeiture of its performance security, damages, or termination for default if and to the extent

that his delay in performance or other failure to perform his obligations under the contract is the

result of an event of force majeure.

25.2. If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of

such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the

supplier shall continue to perform its obligations under the contract as far as is reasonably

practical, and shall seek all reasonable alternative means for performance not prevented by the

force majeure event.

supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without

compensation to the supplier, provided that such termination will not prejudice or affect any right of

action or remedy which has accrued or will accrue thereafter to the purchaser.

27.1. If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort to

resolve amicably such dispute or difference by mutual consultation.

27.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the purchaser or the supplier may give notice to the other party

of his intention to commence with mediation. No mediation in respect of this matter may be

commenced unless such notice is given to the other party.

27.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in a South

pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any obligation of the supplier to

pay penalties and/or damages to the purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or

otherwise, shall not exceed the total contract price, provided that this limitation shall not apply

to the cost of repairing or replacing defective equipment.

assignment may include inception, configuration, integration, testing, training, go-live and post

implementation support phases. Final timelines will be agreed with the appointed service

provider during contracting.

2.6 Confidentiality, Data Protection and Security

The evaluation criteria are divided into 3 stages

Stage 1: Supply Chain Administrative Compliance

Stage 1 (b): Mandatory Requirements

Stage 2: Functionality evaluation

Proposals are required to achieve a minimum score of 70 points on functional

evaluation to qualify for further evaluation stage.

Stage 3: 80/20 Price and preference point system

Preference Point Points Proof of documentation required to

System claim the specific goals

Specific Goals 20

≥70% Black Ownership 10 Copy of BBBEE certificate /an affidavit

It is compulsory for bidders to substantiate that they meet the above specific goals and

It is mandatory for tenderers to complete SBD 6.1 to claim points for specific goals,

failure to complete SBD 6.1 shall be interpreted to mean the points for specific goals

Sbd 6.1 Preference points claim form

Calculation of equity for specific goals

information and serves as a claim form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

the 90/10 system for requirements with a Rand value above R50 000 000 (all

a) The applicable preference point system for this tender is the 80/20 preference point

b) The 80/20 preference point system will be applicable in this tender. The lowest/

1.3 Points for this tender (even in the case of a tender for income-generating contracts)

(b) Specific Goals.

The maximum points for this tender are allocated as follows