Supply and delivery of a high-performance icp-ms system for mintek (re-issue)

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Bids will be evaluated based on prequalification, mandatory technical requirements, functionality, price, and specific criteria. Only tenderers who score a minimum threshold (not specified) will be considered. Mintek may make a partial award and is not obligated to procure the stated quantities.

The purpose of this tender is to invite suitable bidders to submit proposals for inductively coupled

plasma mass spectrometer (ICP-MS) for Mintek premises at 200 Malibongwe drive Randburg to

sites around Gauteng Province.

23.1. Personal protection services

MINTEK’s Analytical Chemistry Division (ACD) specialises in chemical analysis of a wide range

of materials and samples, including geological, metallurgical and environmental (water and urine)

samples, for the determination of their chemical compositions. Due to the complex and

interference-prone nature of the sample matrices routinely analysed by ACD, there is a growing

need at ACD for more sensitive and accurate analytical instruments to intensify the chemical

analysis service provided to internal and external Mintek clients. The objective of the tender is to

procure a high-performance and high-resolution Inductively Coupled Plasma Mass Spectrometry

(ICP-MS) system, for superior spectral and non-spectral interference removal and ultra-trace

elemental determination.

The instrument will be used for chemical analysis of different types of samples for the

determination of the concentrations of multi-elements, including technology and base metals such

Cd, Te, Se, As, Be, Bi, Co, Cr, Ta, Hg, Nb, Mo, Ni, Sb, Pd, Ga, Zr, Zn, B, Ag, Rb, Cs, TI, In, W,

rare earth elements such as Ce, Dy, Er, Eu, Gd, Ho, La, Lu, Nd, Pr, Sm, Tb, Tm, Y, Yb, Sc,

precious metals such as Au, Pt, Pd, Rh, Ru, and Ir, and heavy metals such as U and Th.

Accordingly, the instrument must provide tandem MS capability with independent precursor ion

selection and product ion filtering, supported by controlled reaction chemistry to ensure accurate,

low-level quantification across diverse and complex-matrix sample types. The system must be

suitable for both research applications and high-throughput routine analysis, where reliable

interference removal and data quality are critical.

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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

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)

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24.2 Mandatory Technical

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.

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

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

reference.

Specification for a high performance, benchtop, inductively

Coupled plasma mass spectrometer (icp-ms) system

Comply

Item compulsory specifications yes NO reference

Document &

Page #

The spectrometer

1 High-performance and high-sensitivity Inductively

Coupled Plasma Mass Spectrometer (ICP-MS)

system.

2 Compact bench-top configuration optimized for trace

element analysis in environmental, geochemical, and

metallurgical matrices.

3 All service connections and maintenance points must

be accessible from the front or side to allow for

installation flush against laboratory walls.

4 Open-architecture interface supporting automated

coupling with laser ablation, GC, IC, and HPLC

peripherals.

5 Support for quantitative, qualitative, and high-precision

isotope ratio measurements.

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6 Integrated automated gas control system featuring at

least three independent channels for plasma, auxiliary,

and nebuliser gas flows.

7 The system must include independent high-precision

gas flow modules for the collision/reaction cell. These

must provide a stable, software-regulated flow for

reactive gases, specifically calibrated for Helium and

Oxygen.

The sample introduction system

8 Externally mounted sample introduction system

(nebuliser and spray chamber) for rapid access and

thermal isolation from the radio-frequency (RF)

environment.

9 Equipped with a high-performance concentric

nebuliser and a temperature-controlled cyclonic spray

chamber with an auxiliary gas port.

10 Software-adjustable Peltier cooling/heating from -10

°C to +20 °C.

11 Simple-to-align, demountable quartz torch system. The

torch must be self-locating/pre-aligned to eliminate the

need for manual adjustment after cleaning.

Connection-free gas interfaces are required to simplify

assembly.

12 Motorized, computer-controlled 3-axis (x, y, z) torch

positioning for real-time optimization of the sampling

depth and alignment.

13 Standard injector diameter >2 mm, with a range of

interchangeable injector materials and diameters

available for specific matrices.

14 Optional HF-resistant kit including an inert nebuliser,

spray chamber, and specialized (e.g., sapphire or Pt)

injector.

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15 The pump must utilize a high-roller-count mechanism

to ensure uniform tension and signal stability. All rollers

and mechanical interfaces must be constructed from

non-metallic, corrosion-resistant materials. Speed

must be software-programmable (0–100 rpm) with

dedicated accommodation for high-flow drainage lines.

Interface

16 Digital solid-state RF generator (approx. 27– 40 MHz)

with dynamic impedance matching and variable power

output (400 to 1600 W).

17 The ion source must operate stably in all modes

(including cold plasma) without requiring a physical

grounded shield or insert.

18 Front-opening vacuum interface with a retractable

assembly for tool-free access to cones and ion optics.

19 Automated vacuum isolation valve to allow

maintenance of the interface region without venting the

high-vacuum mass analyser.

20 High-purity nickel sampler and skimmer cones

provided as standard; platinum-tipped options must be

available.

21 Rapid-release cone mechanism designed for easy

removal without complex mechanical tools.

22 Low-voltage ion extraction system located within the

accessible interface region, removable by the user for

cleaning without specialized tools.

Mass separation

23 Integrated multi-stage high-vacuum system driven by

a high-capacity turbomolecular pump.

24 90-degree or off-axis ion deflection assembly designed

to separate ions from neutrals and photons, ensuring

low background noise.

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25 The first mass‐separation stage must provide full‐scale

mass filtering for precursor ion selection, including

pre‐filtering functions to ensure mass stability and

rejection of unwanted ions before entry into the

collision/reaction cell.

26 A compact, high‐efficiency collision/reaction cell must

be provided, equipped with at least two independent,

software‐controlled gas channels suitable for reaction

and collision chemistry (e.g., He, H2, O2, NH3 or

equivalent).

27

• Mass Range: 1 – 285 amu or wider.* Scan Speed:

Minimum 5000 amu/s across the full mass range.

• Mass Stability: Better than ± 0.025 u per 24 hours.

28 The instrument must include a multi‐stage differential

vacuum system designed to support optimal

performance of the ion optics, reaction cell, and

mass‐separation components.

Detection limits

29 Must meet or exceed specified limits under standard

conditions.

Detector

30 Dual-mode (analogue/pulse) discrete-dynode electron

multiplier or equivalent, providing 10 orders of

magnitude dynamic range.

31 Minimum dwell time of 10 μs to support high-resolution

transient signals (e.g., single-particle or laser ablation).

The computer, operating system & the software

32 The instrument and all integrated peripherals must be

fully managed by a centralized, high-performance

desktop workstation.

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33 Unified, native 64-bit software architecture for

complete instrument parameter control, data

acquisition, and post-processing.

34 The software must support high-precision quantitative,

semi-quantitative, transient signal, and isotope ratio

data acquisition, including integrated modules for

isotope dilution calculations.

35 The system must feature automated start-up and

optimization routines. This includes sequential

instrument ignition, performance verification, and

automated tuning/calibration to ensure compliance

with pre-defined performance criteria before analysis.

36

• Integrated QC: Comprehensive suite for quality

control checks with user-programmable automated

corrective actions.

• Internal Standards: Real-time monitoring of internal

standard (IS) stability independent of other QC

parameters.

• Data Integrity: Complete electronic audit trails and

secure data management compliant with 21 CFR Part

11 and GLP/ISO standards.

37 The software must include an automated method

optimization tool that recommends or selects the ideal

measurement mode, collision/reaction gas, and

appropriate mass transitions (including product ions)

based on the selected analytes.

38 Plasma ignition, power regulation, and shutdown must

be fully software-automated. The system must support

the storage of optimized plasma parameters within the

method, including the ability to adjust parameters

dynamically during a sample sequence.

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39 Comprehensive hardware safety interlocks must

ensure immediate, safe system shutdown in the event

of utility failure (power, gas, or cooling). A digital event

log must record all diagnostic alerts with precise

timestamps and error descriptions.

40 Automated transitions between analytical modes (e.g.,

varying RF power, gas flows, and sampling position)

must be supported. The system must be capable of

switching between standard and specialized plasma

conditions (e.g., high/low temperature) within a single

sample analysis, with all changes documented in the

audit trail.

41 The mass spectrometer must support seamless

switching between the mass analysers operating

modes, via either manual selection or automated

software logic.

42 The system must be supplied with a high-capacity

Uninterruptible Power Supply (UPS) and a dedicated

recirculating chiller optimized for the heat-load

requirements of the RF generator and interface.

Autosampler

43 A fully integrated autosampler system including a

chemical-resistant sample probe, automated wash

station, and all necessary communication and power

interfaces for centralized software control.

44 The autosampler must accommodate a minimum of

240 sample positions in various rack configurations.

45 The system must include a protective enclosure or

cover kit with integrated venting ports to prevent

sample contamination and manage acid fumes.

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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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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

Minimum functionality/qualifying score: 70

minimum score of 70

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.

B-BBEE Details: ............. 23

24. Evaluation of the proposal ............................................ 23

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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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Mintek Request for Proposal

Tender document

Section a: tender instructions & requirements

1. Request for tender

Tender number: mtk 15/2026

TENDER CLOSING DATE & TIME: 23 October 2026 at 12:00pm

Any enquiries relating to the bidding procedure and technical

Enquiries may be directed as follows:

All technical enquiries must be submitted in a written format. No questions will be answered

telephonically. All tender queries should be sent using the dedicated submit query button

accessible on the online tender box.

Requests for clarification or further information:

All communications relating to this RFP and the Tendering Process must be directed to the

Tender Officer through the submit query button on the online tender box.

All questions or requests for further information or clarification of this RFP or any other document

issued in connection with the Tendering Process must be submitted to the Tender Officer in

writing through the submit query button on the online tender.

Any communication by a Bidder to Mi

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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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 70 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

provided as standard; platinum-tipped options must be

available.

25 The first mass‐separation stage must provide full‐scale

mass filtering for precursor ion selection, including

pre‐filtering functions to ensure mass stability and

rejection of unwanted ions before entry into the

collision/reaction cell.

26 A compact, high‐efficiency collision/reaction cell must

be provided, equipped with at least two independent,

software‐controlled gas channels suitable for reaction

and collision chemistry (e.g., He, H2, O2, NH3 or

equivalent).

27

• Mass Range: 1 – 285 amu or wider.* Scan Speed:

Minimum 5000 amu/s across the full mass range.

• Mass Stability: Better than ± 0.025 u per 24 hours.

28 The instrument must include a multi‐stage differential

vacuum system designed to support optimal

performance of the ion optics, reaction cell, and

mass‐separation components.

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

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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.

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

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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

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.

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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).

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;

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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.

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.

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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.

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.

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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.

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.

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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:

• 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;

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• 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

(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.

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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 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.

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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 ................................................. 16
11. Force majeure ................................................................... 18
12. Termination for insolvency ........................................... 18
13. Settlement of disputes ................................................... 19
14. Governing language ......................................................... 19
15. Applicable law ................................................................... 19
16. Assignment ........................................................................ 19
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 ............................................ 23

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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

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

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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.

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).

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;

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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.

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.

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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,

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:

• 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;

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• 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

(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

• 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.

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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.

plasma mass spectrometer (ICP-MS) for Mintek premises at 200 Malibongwe drive Randburg to

sites around Gauteng Province.

23. Scope of work

23.1. Personal protection services

MINTEK’s Analytical Chemistry Division (ACD) specialises in chemical analysis of a wide range

of materials and samples, including geological, metallurgical and environmental (water and urine)

samples, for the determination of their chemical compositions. Due to the complex and

interference-prone nature of the sample matrices routinely analysed by ACD, there is a growing

need at ACD for more sensitive and accurate analytical instruments to intensify the chemical

analysis service provided to internal and external Mintek clients. The objective of the tender is to

procure a high-performance and high-resolution Inductively Coupled Plasma Mass Spectrometry

(ICP-MS) system, for superior spectral and non-spectral interference removal and ultra-trace

elemental determination.

determination of the concentrations of multi-elements, including technology and base metals such