Placement of haematology analysers for small and medium laboratories in the eastern cape region, including reagents, consumables, service and maintenance for a period of five (5) years.

{"name":null,"email":"[email protected]","phone":null,"department":null,"address":"relevant stipulations in"}

Returnable Documents: Stage 1: Administrative pre-qualification verification, (NOTE: Failure to provide the below listed documents WILL lead to disqualification)., 4. Fully completed and signed Bidder’s Disclosure (SBD 4). Comply Do Not Comply, Substantiation: The bidder must submit and attach to the bid response the signed Declaration of Interest SBD 4., Failure to provide information may lead to disqualification., appointed) are covered in terms of the Compensation for Occupational Injuries and Diseases Act, registration and “good standing” with the Compensation Fund, or similar proof acceptable to NHLS.

12. Evaluation Criteria and Methodology ...................................................................................................................... 22

2.1 Based on the Bids submitted and the outcome of the evaluation process according to the set evaluation criteria,

functionality threshold.

The NHLS only opens the BID / Proposal Section– the first envelope – at the evaluation stage and only

functionality threshold at the BID section evaluation

13.4 The evaluation of the Bids shall be based on the 80/20 or 90/10 PPPFA principle and the points for evaluation criteria

Price points 80/90

Specific Goals 20 /10

Total 100 points

in this regard during the evaluation of this Tender.

13.1.2 Next steps of evaluation is administrative pre-qualification verification and the “technical” or so called “functional”

evaluation which is purely based on NHLS specifications (Annexure 2) and Scope of Work. NHLS end-user

Functional Evaluation Team (CFET) meeting which is chaired by Quality Assurance (QA). All the members of the

13.1.3 The final stage of evaluation is done after the CFET has reached their verdict and is done by NHLS Procurement

Services and separately from the CFET meeting. Points for Specific Goals (commercial evaluation) is being

13.1.4 Bidders that score the minimum threshold are recommended and submitted to the NHLS Bid Adjudication

Committee (BAC) for adjudication and the bid MUST be awarded to the bidder who scored the highest points

(Merit 1) during the CFET and Commercial evaluation (Specific Goals). All the members of the CFET must

13.2 Bid evaluation stages

The bid evaluation process consists of several stages that are applicable according to the nature of the bid as

Stage 1: Administrative pre-qualification verification

Stage 2: Technical Mandatory requirement evaluation

Stage 3: Technical Functionality requirement evaluation

Stage 4: Price / Specific Goals evaluation

NOTE: The bidder must qualify for each stage to be eligible to proceed to the next stage

2.1 Based on the Bids submitted and the outcome of the evaluation process according to the set evaluation criteria,

NHLS intends to select a preferred bidder with the view of concluding a service level agreement (SLA) with such

successful bidder. The Bid shall be evaluated in terms of the Preferential Procurement Policy Framework Act

(PPPFA)

2.2 Queries

2.2.1 Should it be necessary for a bidder to obtain clarity on any matter arising from or referred to in this RFB

document, please refer queries, in writing, and to the contact person email address number listed below on or

before 15 September 2026 Under no circumstances may any other employee within NHLS be approached for

any information. Any such action might result in a disqualification of a response submitted in competition to the

RFB. NHLS reserves the right to place responses to such queries on the website.

Telephone 011 386 6165

The current contract for haematology small and medium labs has lapsed due to the depletion of funds on the BPA. The

expiration of the contract leaves the laboratories with no services provider to supply the analyser and reagents. To enable

the laboratories to continue providing haematology testing a service provider needs to be appointed on a five-year

contract.

This will ensure sustainability to services and allow adequate time for future transactions.

Haematology testing forms part of the urgent tests that are critical for patient management at all levels of care, and these

tests will greatly impact negatively on patient care.

4 mandatory requirements

If a bidder does not comply fully with each of the mandatory requirements, it Shall be regarded as

mandatory non-performance/non-compliance and the bid Shall be disqualified. No “unanswered” questions

will be allowed. If a response to a question has been indicated as comply but not elaborated upon or

substantiated it shall be regarded as mandatory non- performance/non-compliance and the bid shall be

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disqualified. Bidders shall provide full and accurate answers to the mandatory questions posed in this

document, and, where required, explicitly state either “Comply/Accept (with a “Yes”)” or “Do not comply/do

not accept (with a “No”)” regarding compliance to the requirements. Bidders must substantiate their

responses to all mandatory questions. PLEASE NOTE: If the response does not substantiate any of the points

or requirements in the body of the tender, it will be deemed to not comply, even if the ‘Comply’ field has

been marked. Please note: All documentation to substantiate the mandatory requirements has to be

supplied.

Technical suitability: mandatory requirements

(Note: The bidder who fails to comply with the Mandatory Requirement WILL be disqualified).

1. Availability of bi-directional communication with host query mode. System must Comply Do Not Comply

be interfaced with the NHLS LIS system. Interface must be validated by the

manufacturer during installation.

(Note: any development for interface required will be at bidder’s cost).

Substantiation: Provide proof by means of brochure/specifications. Failure to provide information will lead to

disqualification.

2. NRBC’s (Nucleated Red Blood cell) must be direct measurement for medium Comply Do Not Comply

laboratories only. Original WCC and corrected WCC parameters must be

interfaced with LIS.

Substantiation: Provide proof by means of brochure/specifications. Failure to provide information will lead to

disqualification.

3. Clot detection: Comply Do Not Comply

Analyzer to provide for sample clots detection and level sensor functionalities.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

4. Flags: Comply Do Not Comply

Instrument must have the ability to flag any abnormal parameters.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

5. All Reagents, Calibrators and QC materials for in lab (each laboratory to do its Comply Do Not Comply

own verification) verification should be at the supplier’s cost.

Substantiation: The bidder must submit and attach to the bid response, a signed letter of commitment. Failure to

provide information will lead to disqualification.

6. The manufacturer must have an established footprint of this methodology in Comply Do Not Comply

South Africa, demonstrated by evidence such as an HTA NHLS evaluation, proven

functionality with external quality control in a South African laboratory, or a peer-

reviewed publication confirming an accepted performance evaluation.

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Substantiation: Provide proof by means of a signed validation report AND/OR a peer-reviewed publication in an

accredited journal AND/OR an approved HTA validation report

7. System that automatically validates results before transmitting to the LIS Comply Do Not Comply

system.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

8. The haematology solution: must include a CSF and body fluid module able to Comply Do Not Comply

perform cell counts (red cell, white blood cell, total cell count,

polymorphonuclear and mononuclear absolute and % counts) for diagnostic

purposes (FDA or CE or IVD approved).

(Applicable to Medium Laboratories Only).

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

9. For Body Fluids, supply minimum of two levels of control material. Comply Do Not Comply

(Applicable to Medium Labs).

For haematology tests, supply three levels of control materials and test repertoire,

for all tests, QC Material to appropriately cover medical decision limits.

The scope of tests must cover the parameters below:

Hb

Rbc

Hct

Mcv

Mch

Mchc

Rdw

Mpv

Plt

Wbc

Neutrophils (absolute and %)

Lymphocytes (absolute and %)

Monocytes (absolute and %)

Eosinophils (absolute and %)

Basophils (absolute and %)

Immature granulocyctes (Applicable for Medium Labs and optional for Small Labs).

Reticulocyte Counts [Retics]. (Applicable for Medium Labs and optional for Small

Labs).

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

10. Instrument must be able to generate (five 5 or 6 part including Immature Comply Do Not Comply

granulocytes) part differential count (Neutrophil, Monocyte, lymphocyte,

Eosinophil, Basophil).

(6 part Applicable for Medium Labs and optional for Small Laboratories).

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It must be able to count/ differentiate white immature cells.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

11. High throughput of test as per stats: at least 100 tests per hour for medium labs Comply Do Not Comply

and at least minimum of 60 tests per hour for small labs for the scope of analytes.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

12. Instrument must be able to select FBC/FBC+Diff (medium and small labs) and Comply Do Not Comply

ability to do automated Retics (applicable for medium labs only).

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

13. The analyser result printout (including IQC and patient results) must be traceable Comply Do Not Comply

to the analyser through its serial number.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

Failure to provide information will lead to disqualification.

5 Technical Functionality

5.1 The bidder must complete in full all of the TECHNICAL FUNCTIONALITY requirements.

5.2 The bidder must provide a unique reference number (e.g. binder/folio, chapter, section, page) to locate

substantiating evidence in the bid response. During evaluation, NHLS reserves the right to treat substantiation

evidence that cannot be located in the bid response as “NOT COMPLY”.

Evaluation per requirement. The evaluation (scoring) of bidders’ responses to the requirements will be determined by

the completeness, relevance and accuracy of substantiating evidence. Weighting of requirements: The full scope of

requirements will be determined by the following weights:

Minimum threshold: To be eligible to proceed to the next stage of the evaluation the bidder must achieve a

minimum threshold score of 80%.

Evaluation Criteria Score % Substantiate Reference

Section A: Sample Management 10%

1. Instrument must have a hand-held sample 5%

barcode reader for manual and stat

samples. Instrument must have a functional

sample barcode reader and sampling from

bar coded primary tubes linked to the host

computer. = 5%

(Provide proof by means of specification/brochure).

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Evaluation Criteria Score % Substantiate Reference

2. Primary tube sampling with autoloader and 5%

cap piercing and manual operation

functions. Excluding micro paediatric

tubes. = 5%

(Provide proof by means of specification/brochure).

Section B: QA functions 33%

3. Calibrators and Controls should be 5%

traceable to International reference

materials standards such as FDA, ISO or CE.

= 5%

4. Calibrators and control material to be 5%

supplied by the Service Provider (support in

troubleshooting including any 3rd party

material difficulties). = 5%

(Provide proof by submitting a letter of commitment).

5. The instrument should be able to display 5%

and print L J charts and automatically

download IQC to the LIS and ability to select

a specific date range for printing L J charts.

Ability to depict 1SD and 2SD on the L J

chart. = 5%

(Provide proof by means of specification/brochure).

6. Current and previous LOT numbers of IQC 5%

data to be available on the analyser. = 5%

(Provide proof by means of specification/brochure).

7. Instrument must maintain previous 5%

cumulative data and graphs of at least

three (3) LOT numbers for all three (3)

levels of QC. Ability to compare data with

peer group. = 5%

(Provide proof by means of specification/brochure).

8. Ability to store, retrieve and backup 8%

patients results and IQC as per below:

A. Minimum of 5000 and above. = 4%

B. Data needs to include all parameters for patients

and IQC to be retrievable in an CSV format. The

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1. Confidential information disclosure notice ................................................................................................................ 6

2. Introduction ............................................................................................................................................................... 6

3. Definitions ................................................................................................................................................................. 6

4. Acronyms and abbreviations ................................................................................................................................... 10

5. General Rules and Instructions ................................................................................................................................ 10

6. Response format ...................................................................................................................................................... 14

7. Key personnel .......................................................................................................................................................... 15

8. Reasons for Disqualification ..................................................................................................................................... 15

9. Bid Preparation ........................................................................................................................................................ 15

10. Oral presentations and Briefing Sessions ................................................................................................................. 15

11. General Conditions of Bid and Conditions of Contract ............................................................................................. 16

12. Evaluation Criteria and Methodology ...................................................................................................................... 22

ANNEXURE A: Technical Specification ............................................................................................................................... 26

ANNEXURE B: Pricing Schedule .......................................................................................................................................... 33

ANNEXURE C: Bidder’s Disclosure (SBD4) ........................................................................................................................... 42

ANNEXURE D: Preferential Procurement Claim Form (SBD6.1) ......................................................................................... 47

ANNEXURE E: Government Procurement: General Conditions of Contract – July 2011 ...................................................... 60

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7.1 Identify key personnel, by employer (include subcontractor(s) and provide contact information.

8. Reasons for Disqualification

8.1 NHLS reserves the right to disqualify any bidder which does any one or more of the following, and such

disqualification may take place without prior notice to the offending bidder, however the bidder shall be notified

in writing of such disqualification:

8.1.1 bidders who submitted did not sign the mandatory documents;

8.1.2 bidders who submitted information that is fraudulent, factually untrue or inaccurate, for example memberships

that do not exist, B-BBEE credentials, experience, etc.;

8.1.3 bidders who received information not available to other vendors through fraudulent means;

8.1.4 bidders who do not comply with mandatory requirements as stipulated in this RFB; and

8.1.5 bidders who fail to price according to the costing template provided;

9. Bid Preparation

9.1 All additions to the proposal documents i.e. annexes, supporting documentation pamphlets, photographs,

technical specifications and other support documentation covering the goods offered etc. shall be neatly bound

as part of the schedule concerned.

9.2 All responses regarding questions posed in the annex attached herewith shall be answered in accordance with the

prescribed RFB Response Format.

9.3 Telephonic, faxed, e-mailed or oral tenders shall not be accepted.

10. Oral presentations and Briefing Sessions

10.1 Bidders who submit Bids in response to this RFB may be required to give an oral presentation, which may include,

but is not limited to, an equipment/service demonstration of their proposal to NHLS. This provides an opportunity

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for the vendor to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does

not include negotiation. NHLS shall schedule the time and location of these presentations. Oral presentations are

an option of NHLS and may or may not be conducted and must not be construed as being successful in or awarded

the tender.

11. General Conditions of Bid and Conditions of Contract

11.1 Bidders shall provide full and accurate answers to all (including mandatory) questions posed in this document

and are required to explicitly indicate either "Comply/Accept (with a )" or "Do not comply/Do not accept (with

an X)" regarding compliance with the requirements. Where a condition is not applicable, an “N/A” option is

provided, and bidders must clearly indicate this by marking with an “X”. Where necessary, the bidder shall

substantiate their response to a specific question.

NOTE: It is mandatory for bidders to complete or answer this part fully (11.2 to 11.34); otherwise, their bid shall

be treated as incomplete and shall be disqualified. Refer to paragraph 8 of this document (reasons for

disqualification).

11.2

Accept Do not Accept This bid is subject to the General Conditions of Contract stipulated in this document.

11.3

The laws of the Republic of South Africa shall govern this RFB and the Bidders hereby Accept Do not Accept

accept that the courts of the Republic of South Africa shall have the jurisdiction.

11.4

NHLS shall not be liable for any costs incurred by the bidder in the preparation of Accept Do not Accept

response to this RFB. The preparation of response shall be made without obligation

to acquire any of the items included in any bidder’s proposal or to select any proposal,

or to discuss the reasons why such vendor’s or any other proposal was accepted or

rejected.

11.5

NHLS Procurement Services may request written clarification regarding any aspect of Accept Do not Accept

this proposal. The bidders must supply the requested information in writing within the

specified time frames after the request has been made, otherwise the proposal shall

be disqualified.

11.6

Do not N/A

Accept

Accept

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In the case of Consortium, Joint Venture or subcontractors, bidders are required

to provide copies of signed agreements stipulating the work split and Rand

value.

11.7

Do not N/A

In the case of Consortium, Joint Venture or subcontractors, all bidders are required to Accept Accept

provide mandatory documents as stipulated in schedule 1 of the Response format.

11.8

NHLS reserves the right to; cancel or reject any proposal and not to award the Accept Do not Accept

proposal to the lowest bidder or award parts of the proposal to different bidders, or

not to award the proposal at all.

11.9

Where applicable, bidders who are distributors, resellers and installers of network Accept Do not Accept

equipment are required to submit back-to-back agreements and service level

agreements with their principals.

11.10

By submitting a proposal in response to this RFB, the bidders accept the evaluation Accept Do not Accept

criteria as it stands.

11.11

Where applicable, NHLS reserves the right to conduct benchmarks on Accept Do not Accept

product/services offered during and after the evaluation.

11.12

NHLS reserves the right to conduct a pre-award survey during the source selection Accept Do not Accept

process to evaluate contractors' capabilities to meet the requirements specified in

the RFB and supporting documents.

11.13

Where the bid calls for commercially available solutions, bidders who offer provide Accept Do not Accept

future based solutions will be disqualified.

11.14

Accept Do not Accept

The bidder should not qualify the proposal with own conditions.

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Caution: If the bidder does not specifically withdraw its own conditions of proposal

when called upon to do so, the proposal response shall be declared invalid.

11.15

Accept Do not Accept

Should the bidder withdraw the proposal before the proposal validity period expires,

NHLS reserves the right to recover any additional expense incurred by NHLS having to

accept any less favourable proposal or the additional expenditure incurred by NHLS in

the preparation of a new RFB and by the subsequent acceptance of any less favourable

proposal.

11.16

Accept Do not Accept

Delivery of and acceptance of correspondence between NHLS and the bidder sent by

prepaid registered post (by air mail if appropriate) in a correctly addressed envelope

to either party’s postal address or address for service of legal documents shall be

deemed to have been received and accepted after (2) two days from the date of

postage to the South African Post Office Ltd.

11.17

Accept Do not Accept

Should the parties at any time before and/or after the award of the proposal and prior

to, and-or after conclusion of the contract fail to agree on any significant product

price or service price adjustments, change in technical specification, change in

services, etc. NHLS shall be entitled within 14 (fourteen) days of such failure to agree,

to recall the letter of award and cancel the proposal by giving the bidder not less than

90 (ninety) days written notice of such cancellation, in which event all fees on which

the parties failed to agree increases or decreases shall, for the duration of such notice

period, remain fixed on those fee/price applicable prior to the negotiations.

Such cancellation shall mean that NHLS reserves the right to award the same proposal

to next best bidders as it deems fit.

11.18

In the case of a consortium or JV, each of the authorised enterprise’s members Accept Do not Accept N/A

and/or partners of the different enterprises must co-sign this document.

11.19

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Any amendment or change of any nature made to this RFB shall only be of force and Accept Do not Accept

effect if it is in writing, and an Amendment to the RFB will be issued. Bidders will be

required to utilise the latest Amendment in preparation of their bid response.

11.20

Failure or neglect by either party to (at any time) enforce any of the provisions of this Accept Do not Accept

proposal shall not, in any manner, be construed to be a waiver of any of that party’s

right in that regard and in terms of this proposal. Such failure or neglect shall not, in

any manner, affect the continued, unaltered validity of this proposal, or prejudice the

right of that party to institute subsequent action.

11.21

Bidders who make use of subcontractors. Accept Do not Accept

The proposal shall however be awarded to the Vendor as a primary contractor who

shall be responsible for the management of the awarded proposal. No separate

contract shall be entered into between NHLS and/or its client and any such

subcontractors. Copies of the signed agreements between the relevant parties must

be attached to the proposal responses.

11.22

All services supplied in accordance with this proposal must be certified to all legal Accept Do not Accept

requirements as per the South African law.

11.23

No interest shall be payable on accounts due to the successful vendor in an event of a Accept Do not Accept

dispute arising on any stipulation in the contract.

11.24

Evaluation of Bids shall be performed by a CFET established by NHLS. Accept Do not Accept

Bids shall be evaluated on the basis of conformance to the required specifications as

outlined in the RFB. Points shall be allocated to each bidder, on the basis that the

maximum number of points that may be scored for price is 80/90, and the maximum

number of preference points that may be claimed for Specific Goals (according to the

PPPFA) is 20/10.

11.25

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Prior to the award of any tender or contract the NHLS will check the Prohibition status Accept Do not Accept

of recommended suppliers/ service providers on the Treasury website

([email protected]) as well as the Treasury Register for Tender Defaulters

(www.treasury.gov.za)

11.26

Accept Do not Accept

The NHLS will act against the bidder, or person awarded the contract upon detecting

that the B-BBEE status level of contribution has been claimed or obtained on a

fraudulent basis or any of the contract conditions have not been fulfilled.

11.27

The NHLS may, in addition to any other remedy that it may have against the bidder Accept Do not Accept

or person:

• Disqualify the bidder or person from the bidding process;

• Recover all costs, losses or damages it has incurred;

• or suffered as a result of that person’s conduct;

• 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;

• Restrict the bidder or contractor, its shareholders;

• and directors, or only the shareholders and directors;

• who acted on a fraudulent basis, from obtaining business;

• from any organ of state for a period not exceeding 10;

• years, after applying the audi alteram partem (hear the other side) rule;

• Forward the matter for Blacklisting by Treasury; and

• Forward the matter for criminal prosecution

11.28

If the successful bidder disregards contractual specifications, this action may result in Accept Do not Accept

the termination of the contract.

11.29

The bidders’ response to this Tender, or parts of the response, shall be included as a Accept Do not Accept

whole or by reference in the final contract.

11.30

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NHLS has discretion to extend the validity period should the evaluation of this bid not Accept Do not Accept

be completed within the stipulated validity period.

11.31

Upon receipt of the request to extend the validity period of the bid, the bidder must Accept Do not Accept

respond within the required time frames and in writing on whether or not he agrees

to hold his original bid response valid under the same terms and conditions for a

further period.

11.32

Should the bidder change any wording or phrase in this document, the bid shall be Accept Do not Accept

deemed unresponsive and may lead to the disqualification of the bid response.

11.33

The cost validation for Analysers and reagents for the validation will be borne by the Accept Do not Accept

supplier and NHLS will not be charged for this.

11.34

Accept Do not Accept

No alternative tender offers will be considered.

12. Nhls special conditions of contract.

12.1 Bidders shall provide full and accurate answers to all (including mandatory) questions posed in this

document and are required to explicitly indicate either "Comply/Accept (with a )" or "Do not comply/Do

not accept (with an X)" regarding compliance with the requirements. Where necessary, the bidder shall

substantiate their response to a specific question.

12.2 NOTE: It is mandatory for bidders to complete or answer this part fully (12.2.1 to 12.2.5); otherwise, their bid

shall be treated as incomplete and shall be disqualified. Refer to paragraph 8 of this document (reasons for

disqualification).

Accept Do Not Accept 12.2.1 Any software updates should be at suppliers’ cost; this is to ensure no

additional cost is charged by the bidder. Note that bidders who will charge

additional cost will not be considered.

Accept Do Not Accept

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12.2.2 Analyser preventive maintenance/service to be performed at a minimum of 2

times annually. Calibration to be performed by an engineer as part of preventive

maintenance (PM) service.

12.2.3 Provide unlimited initial, advanced, application specialist support and Accept Do Not Accept

continual technical training of lab staff on-site/off site for the duration of the

contract. This includes appropriate testing immediately after training. Training

Certificates to be provided by supplier.

12.2.4 Projected response time for unscheduled breakdown or repairs by a Accept Do Not Accept

competent technician for on-site.

A. Urban labs at least equal or less than 2 hours.

B. Rural at least equal or less than 4 hours.

12.2.5 Supplier must have 24-hour hotline service and backup engineer to be Accept Do Not Accept

available 24/7. Telephonic remote trouble shooting shouldn’t exceed 1hour.

Engineer should then be dispatched. Field application specialist should be available

24/7 and on-site on request.

13. Evaluation Criteria and Methodology

13.1 Evaluation of tenders and selection of contractors’/service providers

The NHLS is a Schedule 3A Government Institution subjected to the Public Finance Management Act (PFMA), the

Public Preferential Framework Act (PPPFA) and Treasury Regulations/ Instructions. Bidders must assist the NHLS

to eliminate corruption and fraud by completing and submitting form SBD4.

13.1.1. A public bid opening will be conducted at the bid closing date and time for all bids received in the bid/tender box.

The bidder’s name will be announced to the attendees of the public opening. The same information will be

published on the NHLS website. Financial offers or prices will not be disclosed or read out during the public

opening. The public disclosure of pricing will be only of the awarded bidder at the conclusion of the procurement

process.

13.1.2 Next steps of evaluation is administrative pre-qualification verification and the “technical” or so called “functional”

evaluation which is purely based on NHLS specifications (Annexure 2) and Scope of Work. NHLS end-user

department (who requested the bid), Procurement Services, Finance and subject specialists are part of the Cross

Functional Evaluation Team (CFET) meeting which is chaired by Quality Assurance (QA). All the members of the

CFET must complete Declaration of Interest forms and must recuse themselves in case of any conflict of interest.

13.1.3 The final stage of evaluation is done after the CFET has reached their verdict and is done by NHLS Procurement

Services and separately from the CFET meeting. Points for Specific Goals (commercial evaluation) is being

added in order to get the final order of merit for the bidders being evaluated.

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13.1.4 Bidders that score the minimum threshold are recommended and submitted to the NHLS Bid Adjudication

Committee (BAC) for adjudication and the bid MUST be awarded to the bidder who scored the highest points

(Merit 1) during the CFET and Commercial evaluation (Specific Goals). All the members of the CFET must

complete Declaration of Interest forms and must recuse themselves in case of any conflict of interest. Should

the BAC decide on a bidder other than Merit 1, this decision must be motivated as a Deviation from NHLS

Policy & procedure and Treasury must be advised accordingly.

13.1.5 The CEO of the NHLS must finally approve the recommendation by the BAC, in his capacity as the Accounting

Officer.

13.1.6 Details of the successful bidder to be advertised in the National Treasury e-tender portal.

13.1.7 Suppliers must accept the Terms & Conditions of our contract(s) which will result from the RFB document”.

RFB conditions and pricing shall be fixed and firm from RFB closing date to the end of contract.

13.2 Bid evaluation stages

The bid evaluation process consists of several stages that are applicable according to the nature of the bid as

defined below:

Stage 1: Administrative pre-qualification verification

Stage 2: Technical Mandatory requirement evaluation

Stage 3: Technical Functionality requirement evaluation

Stage 4: Price / Specific Goals evaluation

NOTE: The bidder must qualify for each stage to be eligible to proceed to the next stage of the evaluation.

13.3 Administrative compliance requirements

Administrative compliance/responsiveness will be tested based on returnable documents submitted and

signatures on the Bid documents.

At this stage, it must be determined what documents are required to be returned by Bidders. Returnable

documents are categorised as follows:

a) Mandatory Returnable Documents

(NOTE: Failure to provide the below listed documents WILL lead to disqualification).

1. Proof of attendance at the compulsory briefing session and proof of Comply Do Not Comply

representation at a minimum of 50% of site visits across all

business units (comprising 50% small laboratories and 50%

medium laboratories).

Substantiation: The bidder is to indicate whether they attended the Compulsory Briefing session and and attach the

laboratory site visit register.

Comply Do Not Comply 2. The Service Providers have to agree with NHLS General Conditions of

Bid and Conditions of Contract.

Substantiation: The bidder must submit and attach to the bid response the signed and accepted NHLS General

Conditions of Bid and Conditions of Contract.

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3. The Service Providers have to agree with NHLS Special Conditions Comply Do Not Comply

of Bid and Conditions of Contract.

Substantiation: The bidder must submit and attach to the bid response the signed and accepted NHLS

Special Conditions of Bid and Conditions of Contract.

4. Fully completed and signed Bidder’s Disclosure (SBD 4). Comply Do Not Comply

Substantiation: The bidder must submit and attach to the bid response the signed Declaration of Interest SBD 4.

Failure to provide information may lead to disqualification.

Laboratories to be visited:

Business Unit Laboratory Name Laboratory Size

ORTCH Queenstown Medium

ORTCH All Saints Small

BCA BUTTERWORTH Small

BCA SS GIDA Small

AN&JG OAT Memorial Medium

AN&JG Tyler Bequest Matatiele Small

NMB&SB Uitenhege Medium

Port Alfried Small

Dates and times to be communicated post the compulsory briefing session

b) Essential Returnable Documents

(NOTE: Failure to provide the below listed documents MAY lead to disqualification).

Description Comply Do Not

Comply

1. Preferential Procurement Claim form and copy of B-BBEE Verification Certificate (s)

issued by an authorised body or person, or a sworn affidavit prescribed by the B-BBEE

Codes of Good Practice.

Substantiation: The bidder must submit and attach to the bid response a copy of a valid

certificate. Failure to provide information may lead to disqualification.

2. Submission Tax Compliance Status letter (with pin) issued by the South African Revenue

Services.

Substantiation: The bidder must submit and attach to the bid response a copy of a valid

certificate or letter. Failure to provide information may lead to disqualification.

3. Proof of Central Supplier Database (CSD) Registration.

Substantiation: The bidder must submit a CSD Report with the bid response. Failure to

provide information may lead to disqualification.

4. The product must be approved by any of the IMDRF regulatory authorities listed below.

(Note: Validation will be at the bidder’s cost).

• Australia: Therapeutic Goods Administration.

• Brazil: National Health Surveillance Agency (ANVISA).

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• Canada: Health Canada.

• China: China Food and Drug Administration.

• European Union: European Commission Directorate-General for Internal Market,

Industry, Entrepreneurship and SMEs.

• Japan: Pharmaceuticals and Medical Devices Agency and the Ministry of Health,

Labour and Welfare.

• Russia: Russian Ministry of Health.

• Singapore: Health Sciences Authority.

• South Korea: Ministry of Food and Drug Safety.

• United States of America: US Food and Drug Administration (FDA).

Substantiation: The bidder is to provide at least one certificate of the IMDRF Regulatory

Authority. Failure to provide information may lead to disqualification.

5. UPS must be supplied with a minimum of 30 minutes working time with surge protector.

Substantiation: The Bidder must provide proof by means of Brochure/Specification

detailing the capacity of the UPS to provide 30 minutes of cover and evidence of surge

protection. Failure to provide information may lead to disqualification.

6. Proof of ability to interface instruments/middleware (System that automatically validates

results before transmission to the LIS system) with LIS (TrakCare).

Substantiation: The Bidder must provide proof by means of Brochure/ Specification. Failure

to provide information may lead to disqualification.

7. The product must be ISO 13485 compliant.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of

valid certification/letter of conformity/brochure/specification. Failure to provide information

may lead to disqualification.

13.4 The evaluation of the Bids shall be based on the 80/20 or 90/10 PPPFA principle and the points for evaluation criteria

are as follows:

Price points 80/90

Specific Goals 20 /10

Total 100 points

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ANNEXURE A: Technical Specification

1 special instructions to vendors

1.1 Should a Bidder have reasons to believe that the Technical Specification is not open and/or is written for a

particular brand or product; the Bidder shall notify Procurement Services within ten (10) days after publication

of the bid.

1.2 Bidders shall provide full and accurate answers to the mandatory questions posed in this document, and, where

required explicitly state either “Comply/Not Comply” regarding compliance with the requirements. Bidders must

substantiate their response to all questions, including full details on how their proposal/solution will address

specific functional requirements. All documents as indicated must be supplied as part of the submission.

1.3 Bidders are encouraged to promote the growth and development of SMME's, and will be assessed on their efforts

in this regard during the evaluation of this Tender.

2 acronyms and abbreviations

Term Definition

EBS Oracle e-Business Suite

DR Disaster Recovery

DB Database

NHLS National Health Laboratory Service

PMO Project Management Office

SLA Service Level Agreement

Compliance Status letter (with pin) issued by the South African Revenue Services or a CSD Report reflecting

active Tax Clearance Compliance status must be submitted for each member.

6.2.2.2 Central Supplier Database (CSD) Registration Report

6.2.3 Schedule 3: Executive Summary of proposal

6.2.4 Schedule 4: Technical/Functionality (Annexure A)

6.2.5 Schedule 5: Bid Price (to be submitted in a separate envelop and marked clearly as follows: RFB number, RFB

description and bidder’s name) (Annexure B)

6.2.6 Schedule 6: Bidder’s Disclosure SBD 4 (Annexure C)

6.2.7 Schedule 7: Preferential Procurement Claim form and copy of the B-BBEE Verification Certificate(s) issued by an

authorised body or person, or a sworn affidavit prescribed by the B-BBEE Codes of Good Practice. (Annexure D)

6.2.8 Schedule 8: Bidder Profile:

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6.2.8.1 Credentials of the company/consortium members etc.

6.2.8.2 Structure of the company/ consortium members etc.

6.2.8.3 Partnership agreements/contracts

6.2.9 Schedule 9: General Conditions of Contract (Annexure E)

6.3 Bidder background information materials:

6.3.1 Bidder Operating Organisation – Provide an overview of the operating structure and geographical locations of

the firm at the national, regional, and local levels.

6.3.2 Standards – Include information regarding your firm’s utilization of widely known Industry Standards and

guidelines, as they apply to your firm, your firm’s proposal and proposed hardware assets.

6.3.3 Company Contact(s) – Provide the name, title, street address, city, state, telephone and fax numbers and e-mail

of the primary company’s contact person, and for any sub-Contractors.

6.3.4 Corporate Financial Solvency - Provide solvency statement signed by a qualified independent auditor that the

financial position of the company is sound and that the company will be able to mobilise financial resources to

deliver the project.

7. Key personnel

7.1 Identify key personnel, by employer (include subcontractor(s) and provide contact information.

8.1 NHLS reserves the right to disqualify any bidder which does any one or more of the following, and such

disqualification may take place without prior notice to the offending bidder, however the bidder shall be notified

in writing of such disqualification:

8.1.1 bidders who submitted did not sign the mandatory documents;

8.1.2 bidders who submitted information that is fraudulent, factually untrue or inaccurate, for example memberships

that do not exist, B-BBEE credentials, experience, etc.;

8.1.3 bidders who received information not available to other vendors through fraudulent means;

8.1.4 bidders who do not comply with mandatory requirements as stipulated in this RFB; and

8.1.5 bidders who fail to price according to the costing template provided;

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12.2.2 Analyser preventive maintenance/service to be performed at a minimum of 2

times annually. Calibration to be performed by an engineer as part of preventive

maintenance (PM) service.

12.2.3 Provide unlimited initial, advanced, application specialist support and Accept Do Not Accept

continual technical training of lab staff on-site/off site for the duration of the

contract. This includes appropriate testing immediately after training. Training

13.1 Evaluation of tenders and selection of contractors’/service providers

The NHLS is a Schedule 3A Government Institution subjected to the Public Finance Management Act (PFMA), the

Public Preferential Framework Act (PPPFA) and Treasury Regulations/ Instructions. Bidders must assist the NHLS

to eliminate corruption and fraud by completing and submitting form SBD4.

13.1.1. A public bid opening will be conducted at the bid closing date and time for all bids received in the bid/tender box.

The bidder’s name will be announced to the attendees of the public opening. The same information will be

published on the NHLS website. Financial offers or prices will not be disclosed or read out during the public

opening. The public disclosure of pricing will be only of the awarded bidder at the conclusion of the procurement

process.

13.1.2 Next steps of evaluation is administrative pre-qualification verification and the “technical” or so called “functional”

evaluation which is purely based on NHLS specifications (Annexure 2) and Scope of Work. NHLS end-user

department (who requested the bid), Procurement Services, Finance and subject specialists are part of the Cross

Functional Evaluation Team (CFET) meeting which is chaired by Quality Assurance (QA). All the members of the

expiration of the contract leaves the laboratories with no services provider to supply the analyser and reagents. To enable

the laboratories to continue providing haematology testing a service provider needs to be appointed on a five-year

contract.

5. All Reagents, Calibrators and QC materials for in lab (each laboratory to do its Comply Do Not Comply

own verification) verification should be at the supplier’s cost.

Substantiation: The bidder must submit and attach to the bid response, a signed letter of commitment. Failure to

provide information will lead to disqualification.

functionality with external quality control in a South African laboratory, or a peer-

reviewed publication confirming an accepted performance evaluation.

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Substantiation: Provide proof by means of a signed validation report AND/OR a peer-reviewed publication in an

accredited journal AND/OR an approved HTA validation report

for all tests, QC Material to appropriately cover medical decision limits.

13. The analyser result printout (including IQC and patient results) must be traceable Comply Do Not Comply

to the analyser through its serial number.

Substantiation: The bidder must submit and attach to the bid response, a proof by means of brochure/specification.

5.1 The bidder must complete in full all of the TECHNICAL FUNCTIONALITY requirements.

5.2 The bidder must provide a unique reference number (e.g. binder/folio, chapter, section, page) to locate

substantiating evidence in the bid response. During evaluation, NHLS reserves the right to treat substantiation

evidence that cannot be located in the bid response as “NOT COMPLY”.

Evaluation per requirement. The evaluation (scoring) of bidders’ responses to the requirements will be determined by

the completeness, relevance and accuracy of substantiating evidence. Weighting of requirements: The full scope of

requirements will be determined by the following weights:

Minimum threshold: To be eligible to proceed to the next stage of the evaluation the bidder must achieve a

minimum threshold score of 80%.

Evaluation Criteria Score % Substantiate Reference

Section A: Sample Management 10%

1. Instrument must have a hand-held sample 5%

barcode reader for manual and stat

samples. Instrument must have a functional

sample barcode reader and sampling from

bar coded primary tubes linked to the host

computer. = 5%

(Provide proof by means of specification/brochure).

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Evaluation Criteria Score % Substantiate Reference

2. Primary tube sampling with autoloader and 5%

cap piercing and manual operation

functions. Excluding micro paediatric

tubes. = 5%

(Provide proof by means of specification/brochure).

Section B: QA functions 33%

3. Calibrators and Controls should be 5%

traceable to International reference

materials standards such as FDA, ISO or CE.

= 5%

4. Calibrators and control material to be 5%

supplied by the Service Provider (support in

troubleshooting including any 3rd party

material difficulties). = 5%

(Provide proof by submitting a letter of commitment).

5. The instrument should be able to display 5%

and print L J charts and automatically

download IQC to the LIS and ability to select

a specific date range for printing L J charts.

Ability to depict 1SD and 2SD on the L J

chart. = 5%

(Provide proof by means of specification/brochure).

6. Current and previous LOT numbers of IQC 5%

data to be available on the analyser. = 5%

(Provide proof by means of specification/brochure).

7. Instrument must maintain previous 5%

cumulative data and graphs of at least

three (3) LOT numbers for all three (3)

levels of QC. Ability to compare data with

peer group. = 5%

(Provide proof by means of specification/brochure).

8. Ability to store, retrieve and backup 8%

patients results and IQC as per below:

A. Minimum of 5000 and above. = 4%

and IQC to be retrievable in an CSV format. The

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applicable and to what extent. Bidders are hereby acknowledging that the decision of NHLS in this regard is

final and binding. The onus to enquire and obtain clarity in this regard rests with the Bidder(s). The Bidder(s)

shall take care to restrict its enquiries in this regard to the most reasonable interpretations required to ensure

the necessary consensus.

5.4 Preferential Procurement Reform

5.4.1 NHLS supports B-BBEE as an essential ingredient of its business. In accordance with government policy, NHLS

insists that the private sector demonstrates its commitment and track record to B-BBEE in the areas of

ownership (shareholding), skills transfer, employment equity and procurement practices (SMME Development)

etc.

5.4.2 NHLS shall apply the principles of the Preferential Procurement Policy Framework Act, (Act No. ) to

this proposal.

5.4.3 Bidders shall complete the preference certificate attached to this proposal. In the case of a consortium and

sub-contractors, the preference certificate must be completed for each legal entity.

5.5 National Industrial Participation Programme

5.5.1 The Industrial Participation policy, which was endorsed by Cabinet on 30 April 1997, is applicable to contracts

that have an imported content. The NIP is obligatory and therefore must be complied with. Bidders are required

to sign and submit the Standard Bidding Document (SBD5).

5.6 Language

5.6.1 Bids shall be submitted in English.

5.7 Gender

5.7.1 Any word implying any gender shall be interpreted to imply all other genders.

5.8 Headings

5.8.1 Headings are incorporated into this proposal and submitted in response thereto, for ease of reference only and

shall not form part thereof for any purpose of interpretation or for any other purpose.

5.9 Security clearances

5.9.1 Employees and subcontractors of the successful bidder may be required to be in possession of valid security

clearances to the level determined by the State Security Agency (SSA) and/or NHLS commensurate with the

nature of the project activities they are involved in. The cost of obtaining suitable clearances is for the account

of the bidders. The bidders shall supply and maintain a list of personnel involved on the project indicating their

clearance status.

5.9.1 Employees and subcontractors of the successful bidder will be required to sign a non-disclosure agreement.

5.10 Occupational Injuries and Diseases Act

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5.10.1 The Bidder warrants that all its employees (including the employees of any sub-contractor that may be

appointed) are covered in terms of the Compensation for Occupational Injuries and Diseases Act

and that the cover shall remain in force for the duration of the adjudication of this bid and/ or subsequent

agreement. NHLS reserves the right to request the Bidder to submit documentary proof of the Bidder’s

registration and “good standing” with the Compensation Fund, or similar proof acceptable to NHLS.

5.11 Formal contract

5.11.1 This RFB, all the appended documentation and the proposal in response thereto read together, form the basis

for a formal contract to be negotiated and finalised between NHLS and/or its clients and the enterprise(s) to

whom NHLS awards the bid in whole or in part.

5.11.2 Any offer and/or acceptance entered verbally between NHLS and any vendor, such offer shall not constitute a

contract and thus not binding on the parties.

5.12 Instructions for submitting a proposal

5.12.1 Bidders are required to submit one (1) original, one (1) hard copy and 1 (one) electronic copy on a USB Flash

drive in Portable Document Format (PDF) of the Bid shall be submitted on the date of closure of the Bid.

Pricing: Bid Price must be submitted in a separate envelop and marked clearly as follows: RFB number, RFB

description and bidder’s name). One (1) original, one (1) hard copy and 1 (one) electronic copy on a USB Flash

drive in Portable Document Format (PDF) of the Bid shall be submitted on the date of closure of the Bid.

and each and every page of the proposal shall contain the initials of same signatories.

5.12.2 The bidders are required to submit their bids/tenders in two envelopes:

(a) the first envelope to be clearly marked “BID / Proposal Section”. The first envelope holds all documents,

excluding the price schedule, price declaration and detailed supporting pricing documentation; and

(b) the second envelope to be clearly marked “PRICING Section”. The second envelope holds the pricing

schedule, price declaration and the detailed supporting pricing documentation.

document. The objective of the exercise is to evaluate the BID Section, without reference to the PRICING

and in an unbiased manner, in respect of those bidders that achieve the minimum predefined

functionality threshold.

The NHLS only opens the BID / Proposal Section– the first envelope – at the evaluation stage and only

opens the PRICING Section– the second envelope – for those bidders who met the predefined

functionality threshold at the BID section evaluation

5.12.3 Bidders shall submit proposal responses in accordance with the prescribed manner of submissions as specified

above.

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5.12.4 Bids must be submitted in a prescribed response format herewith reflected as Response Format, and be sealed

in an envelope clearly marked.

5.12.5 Bids that are too large to fit into the tender box must be handed in at the reception desk during office hours

from 08:00- 16:30 or before 11:00 on the closing date.

5.12.6 All Bids in this regard shall only be accepted if they have been placed in the bid box before or on the closing

date, 30 September 2026 and stipulated time, 11h00 am.

5.12.7 Bids received after the time stipulated shall not be considered.

5.12.8 Bid responses sent by post or courier must reach this office at least 36 hours before the closing date to be

deposited into the proposal box. Failure to comply with this requirement shall result in your proposal being

treated as a “late proposal” and shall not be entertained. Such proposal shall be returned to the respective

bidders.

5.12.9 No proposal shall be accepted by NHLS if submitted in any manner other than as prescribed above.

valid Tax Clearance Certificate or a Tax Compliance Status letter (with pin) issued by the South

valid Tax Clearance Certificate or a Tax

Tax compliance requirements

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

Tax Compliance Status letter (with pin) issued by the South

Tax Compliance Status letter (with pin) issued by the South African Revenue Services or a CSD Report reflecting

Tax Compliance Status letter (with pin) issued by the South African Revenue

TCS PIN: OR CSD No

Tcs pin is available but the bidder is registered on the central supplier database (csd),

Csd number

Csd number must be provided

CSD Report reflecting active Tax Clearance Compliance status

CSD Report reflecting

CSD Report with the bid response

Central supplier database (csd),

Central Supplier Database (CSD) Registration Report

Central Supplier Database (CSD) Registration

ve pre-qualification verification

(NOTE: Failure to provide the below listed documents WILL lead to disqualification).

appointed) are covered in terms of the Compensation for Occupational Injuries and Diseases Act

registration and “good standing” with the Compensation Fund, or similar proof acceptable to NHLS.

deemed unresponsive and may lead to the disqualification of the bid response.

disqualification).

2. Tax compliance requirements

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

A separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier database (csd),

A csd number must be provided.

ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (Please note that no changes on the content of this

VAT registration

Points Allocation: 00 points

B-BBEE Details: te that no changes on the content of this

document is allowed)

This tender is subject to the general conditions of the tender, the general conditions of contract

(Gcc) and, if applicable, any other special conditions of contract.

The following particulars must be furnished (failure to do so shall result in your bid being

Disqualified)

Part a

Invitation to bid

Supplier information

Name of bidder

Postal address

Street address

Telephone number code: number:

Cellphone number

Facsimile number code number:

E-mail address

VAT registration

NUMBER TCS PIN: OR CSD No:

Yes B-BBEE STATUS LEVEL Yes

B-bbee status level sworn

VERIFICATION No AFFIDAVIT

No

[Tick applicable certificate [tick applicable box]

Box]

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT (FOR EMEs& QSEs) MUST BE SUBMITTED

In order to claim points for specific goals where applicable]

SIGNATURE OF BIDDER Date:

CAPACITY UNDER WHICH THIS BID IS SIGNED (Attach

proof of authority to sign this bid; e.g. resolution of

directors, etc.)

Bidding procedure and technical enquiries may be directed to:

Department/ public

Entity

Contact person

Telephone number

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Supplier information

Facsimile number

E-mail address

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be

Accepted for consideration.

1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or in

(Gcc) and, if applicable, any other special conditions of contract.

The following particulars must be furnished (failure to do so shall result in your bid being

Disqualified)

3.1 National Health Laboratory Services [hereinafter referred to as NHLS] is a public health laboratory service with

laboratories across South Africa. Its activities comprise diagnostic laboratory services, research, teaching and

training, and production of sera for anti-snake venom, reagents and media.

3.2 NHLS was established in 2001 by an Act of Parliament to provide diagnostic pathology laboratory services to the

• Russia: Russian Ministry of Health.

• Singapore: Health Sciences Authority.

• South Korea: Ministry of Food and Drug Safety.

• United States of America: US Food and Drug Administration (FDA).

Substantiation: The bidder is to provide at least one certificate of the IMDRF Regulatory

1.3 All Copyright and Intellectual Property herein vests with NHLS and its Client.

2. Introduction

2.1 Based on the Bids submitted and the outcome of the evaluation process according to the set evaluation criteria,

NHLS intends to select a preferred bidder with the view of concluding a service level agreement (SLA) with such

successful bidder. The Bid shall be evaluated in terms of the Preferential Procurement Policy Framework Act

(PPPFA)

2.2 Queries

2.2.1 Should it be necessary for a bidder to obtain clarity on any matter arising from or referred to in this RFB

document, please refer queries, in writing, and to the contact person email address number listed below on or

before 15 September 2026 Under no circumstances may any other employee within NHLS be approached for

any information. Any such action might result in a disqualification of a response submitted in competition to the

5.1 Confidentiality

5.1.1 The information contained in this document is of a confidential nature and must only be used for purposes of

responding to this RFB. This confidentiality clause extends to Bidder partners and/or implementation agents,

whom the Bidder may decide to involve in preparing a response to this RFB.

5.1.2 For purposes of this process, the term “Confidential Information” shall include all technical and business

information, including, without limiting the generality of the foregoing, all secret knowledge and information

(including any and all financial, commercial, market, technical, functional and scientific information, and

information relating to a party’s strategic objectives and planning and its past, present and future research and

development), technical, functional and scientific requirements and specifications, data concerning business

relationships, demonstrations, processes, machinery, know-how, architectural information, information

contained in a party’s software and associated material and documentation, plans, designs and drawings and

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all material of whatever description, whether subject to or protected by copyright, patent or trademark,

registered or un-registered, or otherwise disclosed or communicated before or after the date of this process.

5.1.3 The receiving party shall not, during the period of validity of this process, or at any time thereafter, use or

disclose, directly or indirectly, the confidential information of NHLS (even if received before the date of this

process) to any person whether in the employment of the receiving party or not, who does not take part in the

performance of this process.

5.1.4 The receiving party shall take all such steps as may be reasonably necessary to prevent NHLS’s confidential

information coming into the possession of unauthorised third parties. In protecting the receiving party’s

confidential information, NHLS shall use the same degree of care, which does not amount to less than a

reasonable degree of care, to prevent the unauthorised use or disclosure of the confidential information as the

receiving party uses to protect its own confidential information.

5.1.5 Any documentation, software or records relating to confidential information of NHLS, which comes into the

possession of the receiving party during the period of validity of this process or at any time thereafter or which

has so come into its possession before the period of validity of this process:

5.1.5.1 shall be deemed to form part of the confidential information of NHLS;

5.1.5.2 shall be deemed to be the property of NHLS;

5.1.5.3 shall not be copied, reproduced, published or circulated by the receiving party unless and to the extent that

such copying is necessary for the performance of this process and all other processes as contemplated in;

and

5.1.5.4 shall be surrendered to NHLS on demand, and in any event on the termination of the investigations and

negotiations, and the receiving party shall not retain any extracts.

5.2 News and press releases

5.2.1 Bidders or their agents shall not make any news releases concerning this RFB or the awarding of the same or

any resulting agreement(s) without the consent of, and then only in co-ordination with, NHLS and its Client.

5.3 Precedence of documents

5.3.1 This RFB consists of a number of sections (see list). Where there is a contradiction in terms between the clauses,

phrases, words, stipulations or terms and herein referred to generally as stipulations in this RFB and the

stipulations in any other document attached hereto, or the RFB submitted hereto, the relevant stipulations in

this RFB shall take precedence.

5.3.2 Where this RFB is silent on any matter, the relevant stipulations addressing such matter and which appear in

the PPPFA shall take precedence. Bidders shall refrain from incorporating any additional stipulations in its

proposal submitted in terms hereof other than in the form of a clearly marked recommendation that NHLS may

in its sole discretion elect to import or to ignore. Any such inclusion shall not be used for any purpose of

interpretation unless it has been so imported or acknowledged by NHLS.

5.3.3 It is acknowledged that all stipulations in the PPPFA are not equally applicable to all matters addressed in this

dispute arising on any stipulation in the contract.

11.24

the termination of the contract.

11.29

The bidders’ response to this Tender, or parts of the response, shall be included as a Accept Do not Accept

whole or by reference in the final contract.

11.30

Confidential of 72

RFB224/25/26 Placement of Haematology Analysers for small and medium laboratories in the Eastern Cape region, including reagents,

consumables, service and maintenance for a period of five (5) years.