Request for Quotation (RFQ) for the supply of FY2460 VTOL fixed wing kit with a payload and controller to the CSIR

The CSIR reserves the right to 14.1. Extend the closing date of this RFQ; 14.2. Correct any mistakes at any stage of the tender that may have been in the Bid documents or occurred at any stage of the tender process; 14.3. Verify any information contained in the bidder’s submission; 14.4. Request documentary proof regarding the bidder’s submission; 14.5. Carry out site inspections, product evaluations or explanatory meetings in order to verify the nature and quality of the product/service offered by the bidder(s) or verify any information whether before or after the adjudication of this RFQ; 14.6. Award this tender to a bidder that did not score the highest total number of points, only in accordance with Section 2(1)(f) of the PPPFA (Act ); 14.7. Request audited financial statements or other documents for the purpose of a due diligence exercise to determine if the bidder will be able to execute the contract; 14.8. Award this RFQ as a whole or in part; 14.9. Award this RFQ to multiple bidders; 14.10. Cancel and/or terminate the tender process at any stage, including after the Closing Date and/or after presentations have been made, and/or after tenders have been evaluated and/or after the preferred bidder(s) have been notified of their status as such; 14.11. Post tender negotiate on any elements on the bid, including but not limited to technical, transformation, price, and contractual terms and conditions.; 14.12. Not to award a contract to a bidder who is associated with a security breach that materially adversely affects other entities or if any directors or officers of a bidder are formally charged of fraudulent or illegal conduct which, would harm the CSIR’s reputation by its continued association with the bidder. 15 CONFIDENTIALITY SS-F-SPU-032 Rev 04 Request for Quotation This is not a Purchase Order. of 26 CSIR Tender Documentation Some of the information contained in the Tender Documents may be of a confidential nature and must only be used for purposes of responding to this RFQ. This confidentiality clause extends to bidder partners whom you may decide to involve in preparing a response to this RFQ. Bidders must complete and sign ANNEXURE F: Non- Disclosure Agreement. Except as may be required by operation of law, by a court or by a regulatory authority having appropriate jurisdiction, no information contained in or relating to this bid or a bidder’s tender(s) will be disclosed by any bidder or other person not officially involved with the CSIR’s examination and evaluation of a Tender. No part of the bid may be distributed, reproduced, stored or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise, in whole or in part except for the purpose of preparing a Tender. This bid and any other documents supplied by the CSIR remain proprietary to the CSIR and must be promptly returned to the CSIR upon request together with all copies, electronic versions, excerpts or summaries thereof or work derived there from. Throughout this bid process and thereafter, bidder(s) must secure the CSIR’s written approval prior to the release of any information that pertains to (i) the potential work or activities to which this bid relates; or (ii) the process which follows this bid. Failure to adhere to this requirement may result in disqualification from the bid process and civil action. 16 PROTECTION OF PERSONAL INFORMATION 16.1 Each Party consents to the other Party holding and processing “personal information” (as defined in the POPI Act) relating to it for legal, personnel, administrative and management purposes (including, if applicable, any “special personal information” relating to him/her, as defined in the POPI Act). Notwithstanding the generality of the aforesaid, each Party hereby undertakes to comply with all relevant provisions of the POPI Act and any other applicable data protection laws. The Client further agrees to comply with all CSIR’s reasonable internal governance requirements pertaining to data protection. 16.2 Each Party consents to the other Party making such information available to those who provide products or services to such parties (such as advisers, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of such Party or any part of their business). 16.3 The Client consents to the transfer of such information to CSIR’s business contacts outside South Africa in order to further its business interests. 16.4 While performing any activity where a Party is handling personal information as a “responsible party” (as defined in the POPI Act), each Party undertakes that it will process the personal information strictly in accordance with the terms of the POPI Act, this Contract, SS-F-SPU-032 Rev 04 Request for Quotation This is not a Purchase Order. of 26 CSIR Tender Documentation and the other Party’s instructions from time to time, and take appropriate operational measures to safeguard the data against any unauthorised access. 16.5 Each Party acknowledges that in the course of conducting business with each other, each Party intends to maintain and process personal information about the other Party in an internal database. By signing this Contract, each Party consents to the maintenance and processing of such personal information. 16.6 Where relevant, the Client shall procure that all of its personnel, agents, representatives, contractors, sub-contractors and mandataries shall comply with the provisions of this clause 16 (Personal Information). The CSIR shall be entitled on reasonable notice to conduct an inspection or audit Client’s compliance with the requisite POPI Act safeguards. 17 INDEMNITY If a bidder breaches the conditions of this bid and, as a result of that breach, the CSIR incurs costs or damages (including, without limitation, the cost of any investigations, procedural impairment, repetition of all or part of the bid process and/or enforcement of intellectual property rights or confidentiality obligations), then the bidder indemnifies and holds the CSIR harmless from any and all such costs which the CSIR may incur and for any damages or losses the CSIR may suffer. 18 TAX COMPLIANCE No tender shall be awarded to a bidder who is not tax compliant. If a recommended bidder is not tax complaint, the bidder will be notified in writing of their non- compliant status and the bidder will be requested to submit written proof from SARS of their tax compliant status or proof that they have made an arrangement to meet their outstanding tax obligations within seven (7) working days. Should they fail to do so CSIR will reject their bid. The CSIR reserves the right to withdraw an award made, or cancel a contract concluded with a successful bidder in the event that it is established that such bidder was in fact not tax compliant at the time of the award or has submitted a fraudulent Tax Clearance Certificate to the CSIR, or whose verification against the Central Supplier Database (CSD) proves non-compliant. The CSIR further reserves the right to cancel a contract with a successful bidder in the event that such bidder does not remain tax compliant for the full term of the contract. SS-F-SPU-032 Rev 04 Request for Quotation This is not a Purchase Order. of 26 CSIR Tender Documentation 19 LIMITATION OF LIABILITY A bidder participates in this bid process entirely at its own risk and cost. The CSIR shall not be liable to compensate a bidder on any grounds whatsoever for any costs incurred or any damages suffered as a result of the Bidder’s participation in this Bid process. 20 MISREPRESENTATIONS DURING THE LIFECYCLE OF THE CONTRACT 20.1 The bidder should note that the terms of its Tender will be incorporated in the proposed contract by reference and that the CSIR relies upon the bidder’s Tender as a material representation in making an award to a successful bidder and in concluding an agreement with the bidder. 20.2 It follows therefore that misrepresentations in a Tender may give rise to service termination and a claim by the CSIR against the bidder notwithstanding the conclusion of the Service Level Agreement between the CSIR and the bidder for the provision of the Service in question. In the event of a conflict between the bidder’s proposal and the Service Level Agreement concluded between the parties, the Service Level Agreement will prevail. 21 DISCLAIMER This RFQ is a request for Quotations only and not an offer document. Answers to this RFQ must not be construed as acceptance of an offer or imply the existence of a contract between the parties. By submission of its proposal, bidders shall be deemed to have satisfied themselves with and to have accepted all Terms & Conditions of this RFQ. The CSIR makes no representation, warranty, assurance, guarantee or endorsements to bidder concerning the RFQ, whether with regard to its accuracy, completeness or otherwise and the CSIR shall have no liability towards the bidder or any other party in connection therewith. 22 NATIONAL TREASURY CENTRAL SUPPLIER DATABASE 22.1 Bidders are required to be registered on the Central Supplier Database and the National Treasury shall verify the bidder’s tax compliance status through the Central Supplier Database. Registrations can be completed online at: www.csd.gov.za; 22.2 Where Consortia / Joint Ventures / Sub-contractors are involved, each party must be registered on the Central Supplier Database and their tax compliance status will be verified through the Central Supplier Database. SS-F-SPU-032 Rev 04 Request for Quotation This is not a Purchase Order. of 26 CSIR Tender Documentation Annexure A