Supply of ultrasonic spray coater system – government tender in gauteng

{"closingDate":"14 October 2026","closingTime":"12h00","briefingSession":"{"date":"21 September 2026","time":"10:00am","venue":"10:00am (non-compulsory attendance)","is_compulsory":true}"}

Briefing session: 21 September 2026 at 10:00am (non-compulsory), online via Microsoft Teams. Link: https://teams.microsoft.com/meet/353835423901927?p=JHjGTAyziBU3RwYxva Meeting ID: 353 835 423 901 927 Passcode: qT69cv27

{"name":null,"email":"[email protected]","phone":null,"department":"Supply Chain Management","address":null}

Required documents: MTF 01 Financial Offer and Price Declaration, MTF 03 Validity of Tender Price, MTF 04 Form of Offer and Acceptance, MTF 05 Service Provider Declaration Form and Experience, MTF 06 Bank Details Form, SBD 6.1 Preference Points Claim Form, SBD 4 Bidder's Disclosure.

The purpose of this tender is to invite suitably qualified suppliers to submit proposals for the supply

of an ultrasonic spray coater system. The equipment is required at Mintek’s premises located at

200 Malibongwe Drive, Strydom Park, Randburg.

Background & context

The Advanced Materials Division (AMD) requires an ultrasonic spray coater to maintain reliable

fabrication of membrane electrode assemblies (MEAs) for fuel cell research. Our current unit, now

15 years old, suffers frequent breakdowns and operational issues, threatening delays in critical

catalyst evaluation. Procuring an ultrasonic spray coater compatible with our established methods

and data will ensure continuity, preserve data integrity, and enable AMD to support

HySA/Catalysis in advancing South Africa’s fuel cell manufacturing capabilities without

interruption.

1. Spray head technology

• Type: Ultrasonic, nozzle-less spray head.
• Frequency Range: ~35–80+ kHz (multiple options or interchangeable heads

preferred).

• Flow Control: Integrated electronic flow control (manual override desirable).
• Spray Uniformity: Thin-film capability suitable for both low and high solids

(suspensions, slurries, solutions).

• Spray Pattern: Fan-shaped or customizable based on application.

2. Liquid delivery system

• Pump Type: Precision metering pump (e.g., syringe-type).
• Minimum Dispense Resolution: ≤ 1 μL/pulse (ideally in the nanoliter range).
• Compatible Fluids: Water-based, alcohol-based, and solvent-based coatings.
• Mixing: Stirring or recirculation system for suspended particles

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

3. Motion control and axes

• X-Y Gantry Travel: ≥ 300 × 300 mm coating area.
• Z-Axis Travel: ≥ 100 mm clearance (for substrates of varying height).
• Motion Control: Servo or stepper-driven ball screw or linear actuator system.
• Resolution: ≤ 5 μm step size or encoder resolution.
• θ Axis: Programmable 90° rotation for substrate or spray head

4. Velocity and positioning

• Speed Range: Up to 500 mm/s (with fine control for low-speed passes).
• Spray Pass Control: Programmable speed and path planning for layer uniformity.
• Substrate Holding: Vacuum hold-down plate or magnetic jig options.

5. Programming & control

• Interface: PC-based GUI with USB/ Ethernet communication.

Programming Modes:

• Teach mode with laser pointer.
• Recipe-based or G-code style programming.
• Integration: Option for camera feedback and process monitoring.

6. Substrate & coating compatibility

• Substrate Size: Up to A4 or A3 wafer/ panel.
• Thickness Compatibility: Coating of substrates with variable topographies.
• Materials: Suitable for catalyst inks, photoresists, bio-coatings, and nanomaterials.

7. System enclosure

• Fume extraction duct/ port (for safe solvent extraction).

8. Power & air requirements

• Electrical: 240 V AC, 50/60 Hz.

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

Training of Mintek personnel after commissioning.

• The bidder must provide training (for the equipment and software use) to four (4)

Mintek personnel.

• Bidders to provide a commitment statement to this effect as well as details of the

training.

Bidders must be able to provide service, repairs, and technical support for a period of no less

than five years after expiry of the warranty period and must submit a signed letter of commitment

confirming this undertaking.

24. Evaluation of the proposal

Tender proposals will be evaluated in accordance with the 80/20 preference point system, as

contemplated in the Preferential Procurement Regulations, 2022 pertaining to the Preferential

Procurement Policy Framework Act (PPPFA) (Act ).

24.1 Phase 1: Administrative Documents

Without limiting the generality of Mintek’s other critical requirements for this bid, a bidder(s) must

submit the documents listed in the table below. Please ensure that all documents are duly

completed and signed by the duly authorised representative of the prospective bidder(s).

Administrative documents Tick if submitted

MTF 01: Financial Offer and Price Declaration Yes No

MTF 02: Price Yes No

MTF 03: Validity of Tender Price Yes No

MTF 04: Form of Offer and Acceptance Yes No

MTF 05: Service Provider Declaration Form and Experience Yes No

MTF 06: Bank Details Form Yes No

SBD 6.1: Preference Points Claim Form in terms of the Preferential

Yes No

Procurement Regulations 2022

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

SBD 4: Bidder’s Disclosure Yes No

Central Supplier Database (CSD) Report Yes No

Joint Venture, Consortium, or Partnership agreement signed by all

Yes No

parties of agreement (if applicable)

24.2 Phase 2: Mandatory Pre-qualification

The compliance criteria will form the basis for evaluating all bids and failure to comply with these

criteria will result in the immediate disqualification of the proposal.

Tick/State

NO. mandatory prequalifications requirement

Yes No

OEM Authorisation

1 Proof of authorisation or partnership with Original Equipment

Manufacturers (OEMs).

Post-Warranty Support

Bidders must be able to provide service, repairs, and technical

2 support for a period of no less than five years after expiry of the

warranty period and must submit a signed letter of commitment

confirming this undertaking.

24.3 Phase 3: Mandatory Technical & Other

Bidder to complete the table below by indicating “yes” or “no” to confirm whether this requirement

is met and provide supporting evidence.

Supporting documentation or evidence should be attached to this document; if no evidence is

provided, it will be assumed that the specification cannot be met. The bidder’s response will be

validated against the supporting evidence to confirm the conformance of the proposed instrument

to the mandatory technical requirements.

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

Supporting documentation should take the form of technical specifications, datasheets, technical

drawings, brochures, etc. Supporting documents should have page numbers for ease of

reference.

Tick/

Reference

No. Compulsory Specifications State

Document & Page

Yes or No

Spray Head Technology

1. Ultrasonic spray head Yes or no

Frequency greater than 35kHz (multiple options or

2. Yes or no

interchangeable heads preferred)

Integrated electronic flow control (manual override

3. Yes or no

desirable)

Thin-film coating capability for both low and high

4. Yes or no

solids (suspensions, slurries, solutions)

5. Fan-shaped or customizable spray pattern Yes or no

Liquid Delivery System

6. Precision metering pump (e.g., syringe-type) Yes or no

Minimum dispense resolution ≤ 1 μL/pulse

7. Yes or no

(preferably nanoliter range)

Compatible with water-based, alcohol-based, and

8. Yes or no

solvent-based coatings

Stirring or recirculation system for suspended

9. Yes or no

particles

Motion Control & Axes

10. X-Y gantry travel ≥ 300 × 300 mm coating area Yes or no

11. Z-axis travel ≥ 100 mm clearance Yes or no

Motion resolution ≤ 5 μm step size or encoder

12. Yes or no

resolution

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

13. θ-axis with programmable 90° rotation Yes or no

Velocity & Positioning

Speed range up to 200 mm/s or more with fine low-

14. Yes or no

speed control

Programmable spray pass speed and path planning

15. Yes or no

for uniform layers

Programming & Control

16. PC-based GUI with USB/Ethernet communication Yes or no

Programming modes: teach mode (e.g. laser

17. Yes or no

pointer, etc.) and recipe-based/G-code style

Substrate & Coating Compatibility

18. Substrate size at least 300 x 300 mm or larger Yes or no

Capability to coat substrates with variable

19. Yes or no

topographies

Suitable for catalyst inks, photoresists, bio-coatings,

20. Yes or no

and nanomaterials

System Enclosure

Fume extraction duct/ port (for safe solvent

21. Yes or no

extraction).

Power & Air Requirements

22. Electrical: 240 V AC, 50/60 Hz Yes or no

Training of Mintek personnel after commissioning.

23. The bidder must provide training (for the equipment Yes or no

and software use) to four (4) Mintek personnel.

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

24.4 Phase 4: Functionality

The following functionality criteria will be used for evaluating all tenders/ bid proposals. The

functional evaluation process will be based on the bidder’s response in respect of the proposal

evaluated on the minimum offering. Proposals must score a minimum of 70 points to qualify for

further evaluation.

24.4.1 Framework for Evaluation of Functionality Criteria

NO. evaluation criteria points

Company Experience

Bidders to provide 3 contactable reference letters from clients for

supplying the same or similar instrument (ultrasonic spray coater).

• Bidder provided 3 contactable reference letters = 30 points 30
• Bidder provided 2 contactable reference letters = 20 points
• Bidder provided 1 contactable reference letter = 10 points
• Bidder did not provide any testimonials/ provided unrelated

reference letters = 0 points

Delivery

Bidder must submit a signed letter of commitment to deliver within a six

(6) month period after award.

• Signed letter of commitment provided (6) month period = 20 20

points.

• Signed letter of commitment provided (7) month period = 10

points.

• Not provided/ delivery of more than 7 months = 0 points

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

Service, Repairs and Support

Technical capability to service, repair and provide support for five years

following warranty expiration

Bidders to provide a letter from the manufacturer stipulating that they are

3. 20

authorised to provide the service, repairs and support after the warranty.

• Provided = 20 points
• Not provided = 0 points

Warranty after commissioning and support services

Bidders to provide minimum of 24 months warranty Details of the

warranty to be specified. Exclusions to be specified.

4. 30

• Provided 2 or more years warranty = 30 points
• Provided 1 year warranty = 15 points
• Not provided = 0 points

Total points 100

Bidders who score a minimum of 70 points for functionality will be considered for further

evaluation.

24.5 Phase 5: Price & Specific Goal

Evaluation Criteria Final Weighted Scores

Price 80

Specific Goals 20

Total Score: 100

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Company Name: __________________________________ Initials: __________

Bidder must provide a method statement or work plan for supplying and installing the ultrasonic spray coater system, including compliance with technical specifications and warranty commitments.

Section b: mintek tender forms (mtf) for completion

B1 – financial offer forms

• MTF 01: Financial Offer and Price Declaration

• MTF 02: Price

• MTF 03: Validity of Tender Price

• MTF 04: Form of Offer and Acceptance

B2 – standard bidding documents

• MTF 05: Service Provider Declaration Form and Experience

• MTF 06: Bank Details Form

• SBD 4: Bidder’s Disclosure

• SBD 6.1: Preference Points Claim Form in terms of the Preferential Procurement

Regulations 2022

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Company Name: __________________________________ Initials: __________

MTF 01: Financial Offer and Price Declaration Yes No

MTF 02: Price Yes No

MTF 03: Validity of Tender Price Yes No

MTF 04: Form of Offer and Acceptance Yes No

MTF 05: Service Provider Declaration Form and Experience Yes No

MTF 06: Bank Details Form Yes No

SBD 6.1: Preference Points Claim Form in terms of the Preferential

and format. Any additional particulars should be furnished on this document where

appropriate, or in a separate annexure.

1.11 Should the bidder desire to make any departures from, or modifications to this tender/

bid or to qualify its quotation in any way, the tender shall clearly set out its tender

departure/ modification as an Annexure, or alternatively state the content in a

covering letter attached to the tender proposal referred to herein, failing which, the

tender shall be deemed to be unqualified unless it conforms exactly with the

requirements of this tender. Unless otherwise specified and stipulated in writing, any

part of the tenderer’s tender/bid which deviates from any terms and conditions stated

within the tender document, shall be of no force or effect.

1.12 This tender document, together with associated forms and annexures, may NOT be

retyped or re-drafted, but photocopies or reprints may be prepared and used.

1.13 Bidders should check the numbers of the pages and satisfy themselves that none

are missing or duplicated. No liability shall be accepted in regard to claims arising

from the fact that pages are missing or duplicated.

1.14 The tender price shall be open for acceptance for a period of at least 90 calendar

days after the closing date of the tender. It should be noted that Tenderers may

offer a shorter validity period, but their bid may in that event, be disregarded for such

a reason. Tenderers shall clearly state whether or not prices will remain firm for the

duration of the contract. Only firm prices will be accepted. Non-firm prices (including

prices subject to rates of exchange of variations) will not be considered. In cases

where different delivery points influence the pricing, a separate pricing schedule must

be submitted for each delivery point.

1.15 Failure to have the Price declaration of this tender document signed by a duly

authorized person will constitute non-commitment by the bidder of the tender price,

and the bid will be invalidated.

1.16 All prices shall be quoted in South African currency and be VAT inclusive.

1.17 Mintek reserves the right to only accept part of the submitted bid by a supplier.

1.18 Mintek reserves the right to withdraw this tender.

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Company Name: __________________________________ Initials: __________

e. If the entity submitting a Tender is a Joint Venture or a Consortium or Partnership,

each party to that formation must submit all the above information. A JV /consortium

agreement must be submitted signed by all members of the JV.

f. The Tenderer must be in good standing to do business with the public sector in

terms of Regulation 38 of the Supply Chain Management Regulations (Government

Gazette May 2005).

g. Complies with the requirements of the Specification.

h. Adheres to Pricing Instructions.

i. Complies in full and observes the requirements of the Notice to Tenderers (if

applicable).

j. In addition to the terms and conditions stipulated in this document, for the Tender to

be considered responsive, the tenderer must submit the following tender information:

• A fully completed and signed tender form;

• The tenderer’s details;

• The necessary document authorising the Representative to sign and submit the

Tender on the Tenderer’s behalf;

• The Declaration by Tenderer.

6.1 The Tenderer shall supply all the price information required in the price schedule,

failure to do so shall invalidate the Tender.

6.2 No claim for price escalation will be considered unless it is specifically stated that this

• Substrate Size: Up to A4 or A3 wafer/ panel.
• Thickness Compatibility: Coating of substrates with variable topographies.
• Materials: Suitable for catalyst inks, photoresists, bio-coatings, and nanomaterials.

Minimum functionality/qualifying score: 80

minimum score of 80

tax compliance status must be submitted with the tender proposal on or before the

tax compliance

tax compliance status

tax compliance status (TCS) or pin may also be made via e-filing

CSD registration number attached to their proposals

CSD number

CSD number must be provided

Central supplier database (csd) registration

Central Supplier Database

central supplier database (CSD), a CSD number must be provided

Central Supplier Database (CSD) Report Yes No

Joint Venture agreement, the JV must be registered on CSD, and the

1.7 A tax compliance status must be submitted with the tender proposal on or before the

1.8 Each party to a consortium/ sub-contractors must submit a separate tax compliance

status. Application forms for the renewal of/ or application for a tax compliance status

disclose the VAT registration number of the recipient, with effect from 1 March 2005.

4. Tax clearance requirements

4.3 Application for tax compliance status (TCS) or pin may also be made via e-filing. In

must submit a separate proof of TCS / pin / CSD number.

4.6 Where no TCS is available but the bidder is registered on the central supplier

database (CSD), a CSD number must be provided.

Passcode: qT69cv27

B-BBEE Details: rs and support after the warranty.

• Provided = 20 points
• Not provided = 0 points

Warranty after commissioning and support services

Bidders to provide minimum of 24 months warranty Details of the

warranty to be specified. Exclusions to be specified.

4. 30

• Provided 2 or more years warranty = 30 points
• Provided 1 year warranty = 15 points
• Not provided = 0 points

Total points 100

Bidders who score a minimum of 70 points for functionality will be considered for further

evaluation.

24.5 Phase 5: Price & Specific Goal

Evaluation Criteria Final Weighted Scores

Price 80

Specific Goals 20

Total Score: 100

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Company Name: __________________________________ Initials: __________

1.1 Bids must be submitted with all official Bid Forms that are contained within this tender

document and duly completed.

1.2 Bids must be delivered at the platform that is indicated in the tender document, and

must be delivered timeously, as late bid submissions will NOT be accepted for

consideration.

1.3 Late submissions will not be accepted under any circumstances. The tender shall

be closed at exactly 12:00 Noon and tenders arriving only a second after 12:00 or

any time thereafter will not be accepted under any circumstance. Tenderers are

therefore strongly advised to ensure that their tenders when uploaded allow enough

time for any unforeseen events that may delay the delivery of the tender.

1.4 This Bid is subject to the Preferential Procurement Policy Framework Act and the

Preferential Procurement Regulations of 2022, the General Conditions of Contract

(GCC) as listed in this document and, if applicable, any other special conditions of

contract as specified.

1.5 The successful bidder will be reduced to a contract by signing the acceptance of

offer.

1.6 It is an absolute condition that the taxes of the bidder must be in order.

1.7 A tax compliance status must be submitted with the tender proposal on or before the

closing date and time of the tender.

1.8 Each party to a consortium/ sub-contractors must submit a separate tax compliance

status. Application forms for the renewal of/ or application for a tax compliance status

is available at any Receiver’s Office (SARS).

1.9 All the documents reflected to this RFP must be completed and returned with this

tender proposal. Failure to submit completed documents with the tender proposal

may invalidate the tender proposal.

1.10 Tender forms contained within the tender document requesting information have

been drawn up so that certain essential information is furnished in a specific manner

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Company Name: __________________________________ Initials: __________

1.19 Mintek reserves the right not to award or cancel this bid at any time and shall not be

bound to accept the lowest or any bid.

1.20 Unless specifically provided for in the tender document, no tenders will be considered

if submitted or transmitted by telegram, telex, facsimile, e-mail or similar apparatus.

1.21 It should be noted that Mintek reserves the right to accept or reject any tender

proposal without being obliged to give any reasons in this respect.

1.22 The bidder’s company letterhead must be used for the proposal’s cover letter and

reflect the company name, address and contact details.

1.23 The correct Tender reference number (See the front page of this RFP for the tender

number) must be quoted and the bidding company’s name must appear on all pages

of the proposal.

1.24 All pages of the proposal must be initialled by the responsible person.

1.25 Only those tenderers who score a minimum score of 80 points and above in respect

of the functionality criteria will be considered.

1.26 The functionality criteria is contained towards the end of this document.

1.27 The persons named in the Schedule of Key Persons of tenderers who satisfy the

minimum quality criteria may be invited to an interview if there need arises.

1.28 Responsiveness criteria of submissions

20.1 All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with Mintek, indemnifying Mintek from the

provisions of the Occupational Health and Safety Act (.

20.2 The Contractor is to ensure compliance with the provisions of the Occupational

Health and Safety Act () & all relevant regulations, inclusive of all its

employees & other Contractors on the site. The Tenderer shall provide a suitable

health and safety plan appropriate for the contract tendered for.

20.3 The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

21. Workmen’s compensation

The Advanced Materials Division (AMD) requires an ultrasonic spray coater to maintain reliable

fabrication of membrane electrode assemblies (MEAs) for fuel cell research. Our current unit, now

15 years old, suffers frequent breakdowns and operational issues, threatening delays in critical

catalyst evaluation. Procuring an ultrasonic spray coater compatible with our established methods

and data will ensure continuity, preserve data integrity, and enable AMD to support

HySA/Catalysis in advancing South Africa’s fuel cell manufacturing capabilities without

interruption.

23. Specifications

• X-Y Gantry Travel: ≥ 300 × 300 mm coating area.
• Z-Axis Travel: ≥ 100 mm clearance (for substrates of varying height).
• Motion Control: Servo or stepper-driven ball screw or linear actuator system.
• Resolution: ≤ 5 μm step size or encoder resolution.
• θ Axis: Programmable 90° rotation for substrate or spray head

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

5.1 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.

5.2 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.

5.3 The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

5.4 Upon receipt of such notice, the supplier shall, within the period specified and with

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

costs to the purchaser.

5.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, 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.

6. Price and payment schedule

6.1 The Tenderer shall supply all the price information required in the price schedule,

failure to do so shall invalidate the Tender.

6.2 No claim for price escalation will be considered unless it is specifically stated that this

Tender is subject to adjustment. Failure to complete this clause will result in the

Tender prices being deemed to be firm.

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Company Name: __________________________________ Initials: __________

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6.3 Notwithstanding anything to the contrary contained in Mintek’s Conditions of Tender,

Memorandum of Agreement or the Price Schedule, any claim for an increase in the

Tender prices herein quoted shall be submitted in writing.

6.4 Mintek reserves the right to withhold payment of any escalation while only provisional

figures are available until the final (revised) figures are issued by the Government’s

Central Statistical Services. When submitting any such claim, the tenderer shall

indicate the actual amount claimed for each item. A mere notification of a claim

for an increase without stating the new price claimed for each item shall, for the

purpose of 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 Tender, with the exception of any price adjustments authorized or in the

purchaser’s request for Tender validity extension, as the case may be.

6.5 The method and conditions of payment to be made to the supplier under this contract

shall be specified.

6.6 The supplier shall furnish the purchaser with an invoice accompanied by a copy of

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

6.7 Payments shall be made promptly by the purchaser, but in no case later than thirty

(30) days after submission of statement by the supplier.

6.8 Payment will be made in Rand unless otherwise stipulated.

7. Variation orders

7.1 In cases where the estimated value of the envisaged changes in purchase does not

vary by more than 25% of the total value of the original contract, the Contractor may

be instructed to deliver the goods or render the services as such. In cases of

measurable quantities, the Contractor may be approached to reduce the unit price,

and such offers may be accepted provided that there is no escalation in price.

8. Delays in the supplier’s performance

8.1 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.

8.2 If at any time during performance of the contract, the supplier or its sub-Contractor(s)

encounters conditions impeding timely delivery of the goods and performance of

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Mintek Request for Proposal

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 the amendment of the

contract.

8.3 The right is reserved to procure outside of the contract small quantities or to have

minor essential services executed if an emergency arises if the supplier’s point of

supply is not situated at or near the place where the goods are required, or when the

supplier’s services are not readily available.

8.4 Except as provided under clause 11 (Force Majeure), a delay by the supplier in the

performance of its delivery obligations shall render the supplier liable to the

imposition of penalties, pursuant to clause 9, unless an extension of time is agreed

upon pursuant to clause 8.2 above without the application of penalties.

8.5 Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without cancelling the contract, be entitled to purchase goods 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.

9. Penalties

7.1 Subject to clause 11 (Force Majeure), 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 clause 10

(Termination for default).

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

10. Termination for default

10.1 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 clause 8.2;

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

c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or

fraudulent practices in competing for or in executing the contract.

10.2 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.

10.3 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 ten (10) years.

10.4 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 that 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.

10.5 Any restriction imposed on any person by the Accounting Officer/ Accounting

Authority will, at the discretion of the Accounting Officer/ Accounting 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 / Accounting

Authority actively associated.

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Company Name: __________________________________ Initials: __________

Mintek Request for Proposal

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

imposition, furnish the National Treasury, with the following:

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.

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

persons prohibited from doing business with the public sector.

10.7 If a court of law convicts a person of an offense 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 of not less

than five (5) years and not more than ten (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.

11. Force majeure

11.1 Notwithstanding the above provisions of clauses 9 (Penalties) and 10 (Termination

for default), 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.

11.2 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.

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12. Termination for insolvency

12.1 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.

13. Settlement of disputes

13.1 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.

13.2 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.

13.3 Should it not be possible to settle a dispute by means of mediation, it may be settled

in a South African court of law.

13.4 Mediation proceedings shall be conducted in accordance with the rules of procedure

specified by the purchaser in accordance with best practice.

13.5 Notwithstanding any reference to mediation and/or court proceedings herein:

d) the parties shall continue to perform their respective obligations under the

contract unless they otherwise agree; and

e) the purchaser shall pay the supplier any monies due to the supplier.

14. Governing language

14.1 The contract shall be written in English. All correspondence and other documents

pertaining to the contract that are exchanged by the parties shall also be written in

English.

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15. Applicable law

15.1 The contract shall be interpreted in accordance with the laws of the Republic of South

Africa, unless otherwise specified.

16. Assignment

16.1 The supplier shall not abandon, transfer, cede or assign, in whole or in part, its

obligations to perform under the contract, except with the purchaser’s prior written

consent.

17. Amendment of contract

17.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend

or vary is entered into in writing and signed by the contracting parties. Any waiver of

the requirement that the agreement be amended or varied shall be in writing, shall

also be in writing.

18.1 The Contractor agrees that the occupational use of Mintek’s premises and buildings

shall be at his own risk, and that he acknowledges the risks and dangers inherent

therein. The Contractor furthermore acknowledges that Mintek and / or its employees

shall not be liable or responsible for any loss, liability, damages, accident or injury,

whether fatal or otherwise, of whatsoever nature and howsoever arising, whether

directly from the permission granted by Mintek to execute certain events or

otherwise, including but not limited to, the use of the premises and / or buildings, and

indemnifies Mintek and/or its employees against all and any loss of / or damage to

property, or injury or death, and any claim for such loss, damage, injury or death,

from any cause whatsoever and howsoever arising, which may be suffered in this

regard.

18.2 The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

Contractors or customers shall not have any claim of any nature against the Mintek

for any loss, damage, injury or death which any of them may directly or indirectly

suffer (whether or not such loss, damage, injury or death is caused through

negligence of Mintek or its agents or employees) or for:

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• any latent or patent defect in the premises;

• a fire on the premises;

• a theft from the premises;

• the Premises or any part thereof being in a defective condition or state of disrepair;

• force majeure of causus fortuitus or any other cause either wholly or partly beyond

the Mintek’s control;

• the use of the services offered on the premises;

• consequential loss howsoever caused;

• any loss or damage whether to persons or property caused by riots, civil

commotion, insurrection or actions taken by the Contractor or Mintek to mitigate

the effect of / or prevent the aforesaid; and any other cause whatsoever.

18.3 Save for any wilful acts or omission or gross negligence by Mintek, its officers,

employees, agents, concessionaires, suppliers and Contractors, the Contractor

indemnifies Mintek and holds it harmless from and against all claims, actions,

damages, liability and expense in connection with loss of life, personal injury and / or

damage to property arising from or out of any occurrence in, upon or at the premises

or the occupancy or use by the Contractor of the premises.

19. Insurance

19.1 Without limiting the obligations of the Contractor in terms of this Agreement, the

Contractor shall effect and maintain the following insurances, covering:

• Public liability insurances, in the name of the Contractor, covering the Contractor

and Mintek against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

• The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

19.2 In the case of an occurrence giving rise to claim (and in accordance with the

directives of the insurer), the Contractor shall proceed in the following manner:

• Over and above any statutory and / or other requirements contained in the

conditions of this agreement, Mintek must immediately be notified telephonically

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(and confirmed by means of a telefax or email) of the circumstances, nature and

estimate of the loss or damage; and

• Any claim settlement shall be subject to the approval of both Mintek and the

Contractor.

• Mintek reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist Mintek in

this regard.

19.3 All insurance must remain in force for the duration of this agreement.

19.4 Should the Contractor fail to arrange insurance or to maintain it, Mintek shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums, as

may be necessary. Amounts for this purpose will be paid by Mintek as a debt of

Contractor.

19.5 The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of Mintek after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.

20. Compliance with legislature

20.1 All successful Tenderers, Tendering on items where labour and/or equipment are

included, shall enter into an agreement with Mintek, indemnifying Mintek from the

provisions of the Occupational Health and Safety Act (.

20.2 The Contractor is to ensure compliance with the provisions of the Occupational

Health and Safety Act () & all relevant regulations, inclusive of all its

employees & other Contractors on the site. The Tenderer shall provide a suitable

health and safety plan appropriate for the contract tendered for.

20.3 The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

21. Workmen’s compensation

The Tenderer shall, prior to commencement of any work on site in terms hereof, give written proof

that he is registered as an employer in terms of Section 80 of the Compensation for Occupational

Injuries and Diseases Act, and the Tenderer shall remain registered as such for the

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duration of the contract awarded and shall pay all monies due to the Compensations Fund in

terms of Section 15 of Act . Failure to comply will result in the Tenderer being

disqualified.

consist of the following:

Section a: tender instructions & requirements

1. Request for tender ............................................................ 5

General conditions of tender .................................................. 8

1. Submission of bids .............................................................. 8
2. Evaluation of bids............................................................ 11
3. Value added tax ................................................................ 12
4. Tax clearance requirements ........................................... 12

General conditions of contract (gcc) .................................. 13

1. General ............................................................................... 13
2. Standards .......................................................................... 13
3. Patent rights .................................................................... 13
4. Packaging ........................................................................... 13
5. Warranty ........................................................................... 13
6. Price and payment schedule............................................ 14
7. Variation orders .............................................................. 15
8. Delays in the supplier’s performance ........................... 15
9. Penalties ............................................................................ 16
10. Termination for default ................................................. 17
11. Force majeure ................................................................... 18
12. Termination for insolvency ........................................... 19
13. Settlement of disputes ................................................... 19
14. Governing language ......................................................... 19
15. Applicable law ................................................................... 20
16. Assignment ........................................................................ 20
17. Amendment of contract .................................................. 20
18. Indemnity ........................................................................... 20
19. Insurance ........................................................................... 21
20. Compliance with legislature .......................................... 22
21. Workmen’s compensation ................................................ 22
22. Terms of reference .......................................................... 23
23. Scope of work ................................................................... 23
24. Evaluation of the proposal ............................................ 25

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3.1 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.

4.1 The supplier shall provide such packaging of the goods as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the

contract. The packaging shall be sufficient to withstand, without limitation, rough

handling during transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packaging, case size and weights shall take into

consideration, where appropriate, the remoteness of the goods’ final destination and

absence of heavy handling facilities at all points in transit.

4.2 The packaging, 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 any subsequent

instructions ordered by the purchaser.

5. Warranty

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5.1 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.

5.2 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.

5.3 The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

5.4 Upon receipt of such notice, the supplier shall, within the period specified and with

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

costs to the purchaser.

5.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, 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.

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 the amendment of the

contract.

8.3 The right is reserved to procure outside of the contract small quantities or to have

minor essential services executed if an emergency arises if the supplier’s point of

supply is not situated at or near the place where the goods are required, or when the

supplier’s services are not readily available.

8.4 Except as provided under clause 11 (Force Majeure), a delay by the supplier in the

performance of its delivery obligations shall render the supplier liable to the

imposition of penalties, pursuant to clause 9, unless an extension of time is agreed

upon pursuant to clause 8.2 above without the application of penalties.

8.5 Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without cancelling the contract, be entitled to purchase goods 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.

7.1 Subject to clause 11 (Force Majeure), 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 clause 10

(Termination for default).

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10.1 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 clause 8.2;

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

c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or

fraudulent practices in competing for or in executing the contract.

10.2 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.

10.3 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 ten (10) years.

10.4 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 that 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.

10.5 Any restriction imposed on any person by the Accounting Officer/ Accounting

11.1 Notwithstanding the above provisions of clauses 9 (Penalties) and 10 (Termination

for default), 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.

11.2 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.

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12.1 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.

13.1 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.

13.2 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.

13.3 Should it not be possible to settle a dispute by means of mediation, it may be settled

in a South African court of law.

13.4 Mediation proceedings shall be conducted in accordance with the rules of procedure

specified by the purchaser in accordance with best practice.

13.5 Notwithstanding any reference to mediation and/or court proceedings herein:

d) the parties shall continue to perform their respective obligations under the

contract unless they otherwise agree; and

e) the purchaser shall pay the supplier any monies due to the supplier.

17.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend

or vary is entered into in writing and signed by the contracting parties. Any waiver of

the requirement that the agreement be amended or varied shall be in writing, shall

also be in writing.

18. Indemnity

18.1 The Contractor agrees that the occupational use of Mintek’s premises and buildings

shall be at his own risk, and that he acknowledges the risks and dangers inherent

therein. The Contractor furthermore acknowledges that Mintek and / or its employees

shall not be liable or responsible for any loss, liability, damages, accident or injury,

whether fatal or otherwise, of whatsoever nature and howsoever arising, whether

directly from the permission granted by Mintek to execute certain events or

otherwise, including but not limited to, the use of the premises and / or buildings, and

indemnifies Mintek and/or its employees against all and any loss of / or damage to

property, or injury or death, and any claim for such loss, damage, injury or death,

from any cause whatsoever and howsoever arising, which may be suffered in this

regard.

18.2 The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

• any latent or patent defect in the premises;

• a fire on the premises;

• a theft from the premises;

• the Premises or any part thereof being in a defective condition or state of disrepair;

• force majeure of causus fortuitus or any other cause either wholly or partly beyond

the Mintek’s control;

• the use of the services offered on the premises;

• consequential loss howsoever caused;

• any loss or damage whether to persons or property caused by riots, civil

commotion, insurrection or actions taken by the Contractor or Mintek to mitigate

the effect of / or prevent the aforesaid; and any other cause whatsoever.

18.3 Save for any wilful acts or omission or gross negligence by Mintek, its officers,

employees, agents, concessionaires, suppliers and Contractors, the Contractor

indemnifies Mintek and holds it harmless from and against all claims, actions,

damages, liability and expense in connection with loss of life, personal injury and / or

damage to property arising from or out of any occurrence in, upon or at the premises

or the occupancy or use by the Contractor of the premises.

• Public liability insurances, in the name of the Contractor, covering the Contractor

and Mintek against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

• The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

19.2 In the case of an occurrence giving rise to claim (and in accordance with the

directives of the insurer), the Contractor shall proceed in the following manner:

• Over and above any statutory and / or other requirements contained in the

conditions of this agreement, Mintek must immediately be notified telephonically

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• Mintek reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist Mintek in

this regard.

19.3 All insurance must remain in force for the duration of this agreement.

19.4 Should the Contractor fail to arrange insurance or to maintain it, Mintek shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums, as

may be necessary. Amounts for this purpose will be paid by Mintek as a debt of

19.5 The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of Mintek after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.

than five years after expiry of the warranty period and must submit a signed letter of commitment

confirming this undertaking.

2 support for a period of no less than five years after expiry of the

warranty period and must submit a signed letter of commitment

confirming this undertaking.

24.3 Phase 3: Mandatory Technical & Other

Bidder to complete the table below by indicating “yes” or “no” to confirm whether this requirement

is met and provide supporting evidence.

Supporting documentation or evidence should be attached to this document; if no evidence is

provided, it will be assumed that the specification cannot be met. The bidder’s response will be

validated against the supporting evidence to confirm the conformance of the proposed instrument

to the mandatory technical requirements.

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following warranty expiration

3. 20

authorised to provide the service, repairs and support after the warranty.

• Provided = 20 points
• Not provided = 0 points

Bidders to provide minimum of 24 months warranty Details of the

warranty to be specified. Exclusions to be specified.

4. 30

• Provided 2 or more years warranty = 30 points
• Provided 1 year warranty = 15 points
• Not provided = 0 points

Total points 100

Bidders who score a minimum of 70 points for functionality will be considered for further

evaluation.

24.5 Phase 5: Price & Specific Goal

Mintek reserves the right not to award the bid, not to award to highest scoring or lowest price bidder if risk to time, cost or quality, and may make partial award. Tenderers must comply with tax compliance; Mintek will not do business with non-tax compliant bidders.

Mandatory requirements: tax compliance status must be submitted; each party to a consortium/sub-contractors must submit separate tax compliance; all required documents must be completed and returned; tender price must be firm and valid for at least 90 days; prices in South African currency, VAT inclusive; bidder must submit signed letter of commitment for warranty period; mandatory technical requirements include ultrasonic spray head (yes/no).

Functionality criteria include supplying same or similar ultrasonic spray coater; price weight: 80.