Replacement of generator batteries (x2) and UPS system for the council for medical schemes

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{"name":"Dr T. Mabeba","email":"[email protected]","phone":"012 431 0484","department":"Description","address":"lacement of generator x2 batteries and replacement of UPS"}

Bids must be submitted by the stipulated time to the correct email address; late bids will not be accepted. Bids must be completed and signed, including SBD forms. Bids submitted via cloud solutions (WeTransfer, Google Drive, Dropbox) will be disqualified. The successful bidder must sign a written contract (SBD 7 form). Bids must remain valid for a period of 90 days following submission. CMS may extend the validity period under exceptional circumstances. CMS reserves the right to cancel the RFQ and not award. Bidders must be tax compliant and hold a valid SARS PIN.

Bidders must submit: SARS PIN document, National Treasury Central Supplier Database report, valid B-BBEE certificate or sworn affidavit (for EMEs/QSEs), and completed and signed SBD 1, 4 and 6.1 forms. For specific goal points, submit certified ID copies, B-BBEE certificate/sworn affidavit, CIPC documents, medical certificate for disability ownership, and signed SBD 6.1.

The bid will be evaluated as follows: (a) Price 80 points based on 80/20 preference point system; (b) Specific Goals 20 points based on SBD 6.1 B-BBEE and specific goals claims. A bidder may be awarded preference points by claiming specific goals in SBD 6.1. The total number of points awarded will be based on the specific goals.

The 80/20 preference point system applies, since the total bid price is below R50 million. Specific goals include B-BBEE status level, and claims for ownership by Black Women, Youth, and People with Disabilities. The contract will be awarded to the bidder with the highest total points for price and specific goals. [Source: RFQ - Appointment of a service provider to replace generator x2 batteries and replacement of UPS.pdf]

Three price submissions open to competition and tender validity period — Price is scored on 80 points; Specific goals scored on 20 points.

The B-BBEE point scoring is: B-BBEE Status Level 1 Contributor = 20 points; Status Level 2 = 18 points; Status Level 3 = 14 points; Status Level 4 = 12 points; Status Level 5 = 8 points; Status Level 6 = 6 points; Status Level 7 = 4 points; Status Level 8 = 2 points; Non-compliant contributor = 0 points. Bidders must submit a valid B-BBEE certificate, or sworn affidavit for EMEs and QSEs.

[Source: The B-BBEE point scoring for the 2022/2023 period, per Preferential Procurement Regulations 2022]

[Note: The specific B-BBEE point scoring table is included above and is subject to the B-BBEE point system based on B-BBEE status level.]

Extensions:

Scope of work includes replacement of two (2) generator batteries and replacement of a UPS, including supply and installation of specified battery units, associated items and labor. The supplier is required to:

1. Replace two (2) generator startup batteries with new 12V 200Ah batteries.
2. Replace one UPS with the technical specifications provided in the RFQ.
3. Supply and install a UPS of matching specifications and all related installation requirements.

source: RFQ_Appointment of a service provider for Replacement of generator x2 batteries and Replacement of UPS.pdf — [RFQ]

The service provider shall: inspect existing generator battery installation, confirm compatibility, isolate equipment safely, remove existing batteries, supply and install two replacement batteries, ensure connections are secure, test the generator, remove old batteries from site, and provide confirmation of completion and test results. For UPS: deliver equipment, verify against quotation, conduct site inspection, safely isolate existing UPS, remove existing equipment, install new UPS frame, power modules, battery cabinet, batteries, DC kit, battery links, DC cabling, DC isolator, connect to electrical infrastructure, verify polarity and connections, and ensure safe compliant installation.

• Deliver the UPS equipment to the CMS premises.
• Verify the equipment against the approved quotation and technical requirements.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

• Conduct a site inspection before installation.
• Safely isolate the existing UPS system and associated electrical supply where required.
• Remove the existing UPS equipment, where applicable.
• Position and install the new UPS frame.
• Install the two (2) 30 kW power modules.
• Install the CAB006 battery cabinet.
• Install the forty (40) 65Ah CSB batteries.
• Install the DC kit.
• Install the specified battery links.
• Install the 50 mm DC cabling.
• Install the 250A DC isolator.
• Connect the UPS to the relevant electrical infrastructure.
• Complete all required electrical and control connections.
• Verify polarity, connections, protection and isolation before energisation.
• Ensure that the installation is safe and compliant with applicable electrical requirements.

2.6. Testing and Commissioning

• Visual inspection of the installation.
• Verification of all electrical connections.
• Verification of battery connections and polarity.
• Verification of the DC isolator.
• UPS start-up and configuration.
• Verification of UPS operating parameters.
• Verification of power modules.
• Verification of battery charging.
• Verification of battery operation.
• Verification of UPS alarms and monitoring functions.
• Testing of the UPS under available load conditions.
• Verification of transfer between normal utility power and UPS supply, where applicable.
• Verification of return from UPS/battery operation to normal utility supply.
• Generator starting test following battery replacement.
• Verification that the generator and UPS operate as intended.
• Recording of commissioning results.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

5. Use of contract documents and information; inspection

4.1. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

5. Use of contract documents and information; inspection.

5.1. The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any

specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to

any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of

such performance.

5.2. The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned

in GCC clause 5.1 except for purposes of performing the contract.

5.3. Any document, other than the contract itself, mentioned in GCC clause 5.1 shall remain the property of the purchaser and

shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required

by the purchaser.

5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to

have them audited by auditors appointed by the purchaser, if so required by the purchaser.

8.1. All pre-bidding testing will be for the account of the bidder.

8.2. If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or

execution or on completion, be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable

hours, for inspection by a representative of the Department or an organisation acting on behalf of the Department.

8.3. If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but

during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary

arrangements, including payment arrangements with the testing authority concerned.

8.4. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in accordance with the

contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

8.5. Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective

of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses

shall be defrayed by the supplier.

8.6. Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements

may be rejected.

8.7. Any contract supplies may, on or after delivery, be inspected, tested or analysed and may be rejected if found not to comply

with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall,

when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply

with the requirements of the contract. If the supplier fails to do so, the rejected supplies shall be returned at the supplier's

cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense

of the supplier.

8.8. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a

breach of the conditions thereof, or to act in terms of Clause 23 of GCC.

The pricing schedule includes: detailed budget breakdown for price evaluation (80 points). Specific goals points are claimed via SBD 6.1. The 80/20 preference point system applies. Price points are calculated using the formula Ps = 80(1 - (Pt - Pmin)/Pmin).

Yes No Yes No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED to QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] ARE YOU THE ACCREDITED ARE YOU A FOREIGNREPRESENTATIVE BASED SUPPLIER IN SOUTH AFRICA FOR THE GOODS FOR THE GOODS /SERVICES /WORKS Yes No Yes No /SERVICES OFFERED? /WORKS [IF YES, ENCLOSE PROOF] [IF YES, ANSWER PART B:3 ] OFFERED? Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157 Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267 [email protected] www.medicalschemes.co.za QUESTIONNAIRE FOR BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTERED AS PER 2.3 BELOW.

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 the manner prescribed in the bid document. 1.3. This bid is subject to the preferential procurement policy framework act, 2000 and the preferential procurement regulations, 2022, the general conditions of contract (gcc) and, if applicable, any other special conditions of contract. 1.4. The successful bidder will be required to fill in and sign a written contract form (sbd7).

TAX COMPLIANCE REQUIREMENTS 2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS WHO ARE PERSONS IN THE SERVICE OF THE STATE.” NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted, e.g., a company resolution) DATE: ................................................... Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157 Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267 [email protected] www.medicalschemes.co.za

BACKGROUND OF THE COUNCIL FOR MEDICAL SCHEMES The Council for Medical Schemes is a statutory body established by the Medical Schemes Act () to provide regulatory supervision of private health financing through medical schemes; and functions as a Schedule 3A Public Entity. VISION An efficient, effective, high-quality, agile and trusted South African regulator generating sustainable stakeholder value. MISSION Achieving our purpose of protecting the interests of members and beneficiaries by

Controlling and co-ordinating the functioning and governance of all entities conducting the business of medical schemes in a manner that is complementary to national health policy

Investigating complaints and settling disputes in relation to the affairs of medical schemes

Collecting, disseminating information, and collaborating with stakeholders about private health care

Making recommendations and advising the Minister on the criteria for the measurement of quality and outcomes of health services provided by medical schemes, and related matters

B-BBEE Minimum Level: 1

Points Allocation: 3 points

B-BBEE Details: QUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:

CONTACT PERSON Ludwe Madayi CONTACT PERSON Thabang Monyama

Telephone number 012 431 0484 telephone number 012 431 0490

Facsimile number n/a facsimile number n/a

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

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

Supplier tax central

Compliance status compliance supplier

Or system pin: database

No: MAAA

B-bbee status level tick applicable box] b-bbee status level [tick applicable box]

Verification sworn affidavit

Certificate

Yes No Yes No

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

Points for b-bbee]

Are you the

Accredited are you a foreignrepresentative based supplier

In south africa for the goods

For the goods /services /works

Yes No Yes No

/Services offered?

/Works [if yes, enclose proof] [if yes, answer part b:3 ]

Offered?

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

Questionnaire for bidding foreign suppliers

Is the entity a resident of the republic of south africa (RSA)? yes NO

Does the entity have a branch in the RSA? yes NO

Does the entity have a permanent establishment in the RSA? yes NO

Does the entity have any source of income in the RSA? yes NO

Is the entity liable in the RSA for any form of taxation? Yes NO

If the answer is “NO” to all of the abov

HDI Requirement: 80%

The Council for Medical Schemes is a statutory body established by the Medical Schemes Act () to provide regulatory

supervision of private health financing through medical schemes; and functions as a Schedule 3A Public Entity.

2.00 12V bsa 688 200ah c20 fa 1150cca sae batteries

2.2.1. The service provider will be required to provide the following :

• Inspect the existing generator battery installation before replacement.
• Confirm compatibility of the replacement batteries with the existing generator.
• Isolate the relevant equipment in accordance with applicable safety procedures.
• Remove the existing batteries.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

• Supply and install two (2) replacement generator batteries.
• Ensure that all battery connections are correctly installed and secured.
• Conduct appropriate checks on the generator starting/battery system.
• Test the generator following replacement of the batteries.
• Confirm that the generator starts and operates correctly following the installation.
• Remove the old batteries from site. Provide CMS with confirmation of completion and test results.

2.3. The service provider shall supply and install a Huawei UPS5000-E 120 kW modular UPS frame, including the required power

modules, battery cabinet, batteries and DC kit.

2.4. Replacement of UPS:

1X 120Kva or higher Modular UPS:

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

3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the

preparation and submission of a bid. Where applicable, a non-refundable document fee may be charged.

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

Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically

from www.treasury.gov.za

10.1. The supplier shall make delivery of the goods in accordance with the terms specified in the contract. The details of shipping

and/or other documents to be furnished by the supplier are specified in the SCC.

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

24.1. When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are

imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of

any dumped or subsidised import, the State is not liable for any amount so required or imposed, or for the amount

of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-

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

reduced, any such favourable difference shall on demand be paid forthwith by the contractor to the State or the

State may deduct such amounts from moneys (if any) which may otherwise be due to the contractor regarding

supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other

contract or any other amount which may be due to him

16. Payment

17. Prices

18. Contract amendments

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Dumping and countervailing duties

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. National Industrial Participation Programme (NIPP)

34. Prohibition of restrictive practices

General conditions of contract

1. Definitions

The following terms shall be interpreted as indicated:

1.1. “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2. “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract

form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference

therein.

1.3. “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his

contractual obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public

official in the procurement process or in contract execution.

1.5. "Countervailing duties" are imposed in cases where an enterprise abroad is subsidised by its government and encouraged

to market its products internationally.

1.6. “Country of origin” means the place where the goods were mined, grown or produced or from which the services are

supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components,

a commercially recognised new product results that is substantially different in basic characteristics or in purpose or utility

from its components.

1.7. “Day” means calendar day.

1.8. “Delivery” means delivery in compliance with the conditions of the contract or order.

1.9. “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10. “Delivery into consignee's store or to his site” means delivered and unloaded in the specified store or depot or on the

specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved

until the supplies are so delivered and a valid receipt is obtained.

1.11. "Dumping" occurs when a private enterprise abroad markets its goods on its own initiative in the RSA at lower prices than

those in the country of origin and which have the potential to harm the local industries in the RSA.

1.12. ” Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence,

and not foreseeable. Such events may include, but are not restricted to, acts of the purchaser in its sovereign capacity, wars

or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13. “Fraudulent practice” means a misrepresentation of facts to influence a procurement process or the execution of a contract

to the detriment of any bidder and includes collusive practice among bidders (before or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

1.14. “GCC” means the General Conditions of Contract.

1.15. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the

purchaser under the contract.

1.16. “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which

have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the

costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or

other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid will be manufactured.

1.17. “Local content” means that portion of the bidding price that is not included in the imported content, provided that local

manufacture takes place.

1.18. “Manufacture” means the production of products in a factory using labour, materials, components and machinery and

includes other related value-adding activities.

1.19. “Order” means an official written order issued for the supply of goods or works or the rendering of a service.

1.20. “Project site,” where applicable, means the place indicated in bidding documents.

1.21. “Purchaser” means the organisation purchasing the goods.

1.22. “Republic” means the Republic of South Africa.

1.23. “SCC” means the Special Conditions of Contract.

1.24. “Services” means functional services ancillary to the supply of the goods, such as transportation and any other incidental

services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security,

maintenance and other such obligations of the supplier covered under the contract.

1.25. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

2. Application

2.1. These general conditions apply to all bids, contracts and orders, including bids for functional and professional services,

sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in

the bidding documents.

2.2. Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works.

2.3. Where such special conditions of contract conflict with these general conditions, the special conditions shall apply.

3. General

3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the

preparation and submission of a bid. Where applicable, a non-refundable document fee may be charged.

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

Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically

from www.treasury.gov.za

4. Standards

4.1. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

5. Use of contract documents and information; inspection.

5.1. The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any

specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to

any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of

such performance.

5.2. The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned

in GCC clause 5.1 except for purposes of performing the contract.

5.3. Any document, other than the contract itself, mentioned in GCC clause 5.1 shall remain the property of the purchaser and

shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required

by the purchaser.

5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to

have them audited by auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights

6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial

design rights arising from use of the goods or any part thereof by the purchaser.

7. Performance security

7.1. Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser

the performance security of the amount specified in SCC.

7.2. The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from

the supplier’s failure to complete his obligations under the contract.

7.3. The performance security shall be denominated in the currency of the contract, or in a freely convertible currency

acceptable to the purchaser and shall be in one of the following forms:

a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or

abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the

purchaser; or

b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days

following the date of completion of the supplier’s performance obligations under the contract, including any warranty

obligations, unless otherwise specified in SCC.

8. Inspections, tests and analyses

8.1. All pre-bidding testing will be for the account of the bidder.

8.2. If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or

execution or on completion, be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable

hours, for inspection by a representative of the Department or an organisation acting on behalf of the Department.

8.3. If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but

during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary

arrangements, including payment arrangements with the testing authority concerned.

8.4. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in accordance with the

contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

8.5. Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective

of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses

shall be defrayed by the supplier.

8.6. Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements

may be rejected.

8.7. Any contract supplies may, on or after delivery, be inspected, tested or analysed and may be rejected if found not to comply

with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall,

when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply

with the requirements of the contract. If the supplier fails to do so, the rejected supplies shall be returned at the supplier's

cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the

supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense

of the supplier.

8.8. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a

breach of the conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing

9.1. The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit

to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough

handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage.

Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final

destination and the absence of heavy handling facilities at all transit points.

9.2. The packing, 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 SCC,

and in any subsequent instructions ordered by the purchaser.

10. Delivery and documents

10.1. The supplier shall make delivery of the goods in accordance with the terms specified in the contract. The details of shipping

and/or other documents to be furnished by the supplier are specified in the SCC.

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

11. Insurance

11.1. The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC.

12. Transportation

12.1. Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC.

13. Incidental services

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

in the SCC:

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

b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the

parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation,

maintenance, and/or repair of the supplied goods.

13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed

upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for

similar services.

14. Spare parts

14.1. As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and

information about spare parts manufactured or distributed by the supplier:

a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve

the supplier of any warranty obligations under the contract; and

b) in the event of termination of production of the spare parts:

✓ advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to

procure needed requirements; and

✓ following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of

the spare parts, if requested.

15.1. The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models,

and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract.

The supplier further warrants that all goods supplied under this contract shall have no defect arising from design,

materials, or workmanship (except when the purchaser’s specifications require the design and/or material) or from any

act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing

in the country of final destination.

15.2. This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have

been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the

date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless

specified otherwise in SCC.

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

15.4. Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair

or replace the defective goods or parts thereof, without cost to the purchaser.

15.5. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may

proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to

any other rights which the purchaser may have against the supplier under the contract.

16. Payment

16.1. The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC.

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

other obligations stipulated in the contract.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

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

invoice or claim by the supplier.

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

17. Prices

17.1. Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the

prices quoted by the supplier in his bid, except any price adjustments authorised in SCC or in the purchaser’s request

for bid validity extension, as the case may be.

18. Contract amendments

18.1. No variation in or modification of the terms of the contract shall be made except by written amendment signed by the

parties concerned.

19. Assignment

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

purchaser’s prior written consent.

20. Subcontracts

20.1. The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified

in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under

the contract.

21. Delays in the supplier’s performance

21.1. The supplier shall make delivery of the goods and performance of services in accordance with the schedule prescribed

by the purchaser in the contract.

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

impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in

writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier’s

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

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

the contract.

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

provincial department, or local authority.

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

an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required,

or the supplier’s services are not readily available.

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

render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is

agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6. Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling

the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods

not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk,

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

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

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

22. Penalties

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

period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of the delay until actual delivery or performance.

The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

23.1. 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 the goods within the period(s) specified in the contract, or within any

extension thereof granted by the Purchaser pursuant to GCC Clause 21.2;

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

c) if the Supplier, in the judgment of the Purchaser, has engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

23.2. 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. The supplier shall

be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

23.3. 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

10 years.

23.4. If a purchaser intends to restrict a supplier or any person associated with the supplier, the supplier will be allowed a

time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed.

Should the supplier fail to respond within the stipulated fourteen (14) days, the purchaser may regard the intended

penalty as not objected to and may impose it on the supplier.

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

Officer / Authority, also apply to any other enterprise or any partner, manager, director or other person who wholly or

partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which

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

associated.

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

Treasury with the following information:

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

ii. the date of commencement of the restriction

iii. the period of restriction; and

iv. the reasons for the restriction.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

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

business with the public sector.

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

Combating of Corrupt Activities Act, No. , the court may also rule that such person’s name be endorsed

on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will

be prohibited from doing business with the public sector for a period not less than five years and not more than 10

years. The National Treasury is empowered to determine the period of restriction, and each case will be dealt with

on its own merits. According to section 32 of the Act, the Register must be open to the public. The Register can be

perused on the National Treasury website.

24. Anti-dumping and countervailing duties and rights

24.1. When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are

imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of

any dumped or subsidised import, the State is not liable for any amount so required or imposed, or for the amount

of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-

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

reduced, any such favourable difference shall on demand be paid forthwith by the contractor to the State or the

State may deduct such amounts from moneys (if any) which may otherwise be due to the contractor regarding

supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other

contract or any other amount which may be due to him

25. Force Majeure

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

security, damages, or termination for default if and to the extent that its delay in performance or other failure to perform

its obligations under the contract is the result of an event of force majeure.

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

cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its

obligations under the contract as far as is reasonably practical and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

26. Termination for insolvency

26.1. 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.

27. Settlement of Disputes

27.1. If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with

or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual

consultation.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

• Controlling and co-ordinating the functioning and governance of all entities conducting the business of medical

schemes in a manner that is complementary to national health policy

• Investigating complaints and settling disputes in relation to the affairs of medical schemes
• Collecting, disseminating information, and collaborating with stakeholders about private health care
• Making recommendations and advising the Minister on the criteria for the measurement of quality and outcomes of

health services provided by medical schemes, and related matters

2. Scope of work

2.1. Council for Medical Schemes (CMS) hereby invites experienced and reputable bidders/service providers to submit quotations

for the supply, replacement, installation, testing and commissioning of 2X generator batteries and a UPS system, as detailed

below.

• Replace the existing generator batteries with suitable replacement batteries.
• Replace the existing UPS system with a modular UPS solution.
• Provide adequate UPS battery backup capacity for the current IT load.
• Improve the availability and reliability of backup power to critical infrastructure.
• Ensure that the installed equipment is properly tested and commissioned.
• Provide CMS with the necessary warranty and commissioning documentation.

2.2. Generator – Battery Replacement of x2 Batteries of 500 KVA (prime) Cummins QS 15 GB 3 Phase Generator

1.00 UPS5000-E 120 kVA or higher FRAME

• 12-Moths Warranty
• Life Ready
• 120% Overload for 60 seconds

2.00 30KW Power MODULES 2U UPS 5000-E

1.00 Battery Cabinet CAB006

40.00 65Ah 10-year CSB Batteries

1.00 DC Kit (Including 40 x 50 mm battery Links 3 x10M 50mm DC Set Cabling and 250A DC Isolator)

1.00 Delivery and Installation

1.00 Commissioning: Unit consists of 2 x 30KW power modules and is expandable to 120KW if expansion is

required.

The quoted UPS frame includes a 12-month warranty, is LiFe-ready, and provides 120% overload capability for 60

seconds.

2.5. UPS Installation

4.3. Changes to this RFQ document

4.3.1. Council for Medical Schemes reserves the right to make changes to this RFQ Document. All changes will be communicated

to those firms that have responded to the RFQ. No reliance shall be placed on other information or comment from any other

person.

4.4. Validity Period

4.4.1. The validity period of the RFQ/RFP is ninety (90) days. A request to extend the validity period will be communicated to

service providers that responded to the RFQ/RFP.

4.5. Confidentiality

4.5.1. Any information relating to the submissions, through the process or otherwise, shall be treated in strict confidence.

4.6. Tax Compliance

4.6.1. CMS will not award any bid to any bidder who is not tax compliant. If a recommended bidder is not tax-compliant, CMS will

notify the bidder in writing of their non-compliant status and request written proof from SARS of their tax-compliant status, or

proof that they have arranged to meet their outstanding tax obligations, within seven (7) working days. If the bidder fails to do

so or submits proof that their tax matters are compliant, CMS will reject their bid.

4.6.2. CMS reserves the right to withdraw an award made, or cancel a contract concluded with a successful bidder if 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 CMS, or whose verification against the Central Supplier Database (CSD) proves non-compliant.

4.7. Costs for Preparation of the Bid

the submission of proposals/quotations.

4.8. Rejection of Bids

4.8.1. CMS reserves the right to reject any bid or not to appoint a bidder under the following conditions:

4.8.1.1. Past Fraudulent Activity or Misrepresentation

4.8.1.1.1. If it is established that the bidder, or any of its directors, members, shareholders, or related parties:

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

o Has been convicted of fraud, corruption, collusion, or any related criminal offence within the past five (5) years.

o Has submitted false or misleading information in any procurement process, whether with this institution or any

other public sector entity.

o Has been blocked or listed on the National Treasury’s database of restricted bidders or tender defaulters.

4.8.2. Listing on the National Treasury Database

4.8.2.1. Any bidder currently listed on the National Treasury’s list of restricted bidders or tender defaulters, in terms of

Sections 28 and 29 of the Preferential Procurement Regulations, will be disqualified.

4.8.3. Reputational Risk

4.8.3.1. CMS reserves the right not to appoint a bidder where past conduct poses a significant reputational or operational risk,

even if the bidder meets technical and price criteria.

4.8.4. Right Not to Appoint

4.8.4.1. CMS reserves the right not to appoint any bidder and to cancel the procurement process without incurring any liability,

particularly where integrity concerns exist.

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

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

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole proprietorship

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State-Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that the points claimed, based

on the specific goals as advised in the tender, qualify the company/ firm for the preference(s) shown, and I acknowledge

that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this

form;

iii) In the event of a contract being awarded because of points claimed as shown in paragraphs 1.4 and 4.2, the

contractor may be required to furnish documentary proof to the satisfaction of the organ of state that the claims are

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions of the contract have

not been fulfilled, the organ of state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered because of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered because of having to make less

favourable arrangements due to such cancellation;

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

and directors who acted on a fraudulent basis, be restricted from obtaining business from any

organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other

side) rule has been applied; and

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

DATE: ...............................................................(b)

ADDRESS: ...............................................................(c) ..............................................

...............................................................(d) SIGNATURE(S) OF TENDERER(S)

(e) ............................................................... ...............................................................

(f) SURNAME AND NAME: ................................................................

Government procurement – annexure c

GENERAL CONDITIONS OF CONTRACT July 2010

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

1.1. “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2. “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract

form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference

therein.

1.3. “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his

contractual obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public

official in the procurement process or in contract execution.

1.5. "Countervailing duties" are imposed in cases where an enterprise abroad is subsidised by its government and encouraged

to market its products internationally.

1.6. “Country of origin” means the place where the goods were mined, grown or produced or from which the services are

supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components,

a commercially recognised new product results that is substantially different in basic characteristics or in purpose or utility

from its components.

1.7. “Day” means calendar day.

1.8. “Delivery” means delivery in compliance with the conditions of the contract or order.

1.9. “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10. “Delivery into consignee's store or to his site” means delivered and unloaded in the specified store or depot or on the

specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved

until the supplies are so delivered and a valid receipt is obtained.

1.11. "Dumping" occurs when a private enterprise abroad markets its goods on its own initiative in the RSA at lower prices than

those in the country of origin and which have the potential to harm the local industries in the RSA.

1.12. ” Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence,

and not foreseeable. Such events may include, but are not restricted to, acts of the purchaser in its sovereign capacity, wars

or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13. “Fraudulent practice” means a misrepresentation of facts to influence a procurement process or the execution of a contract

to the detriment of any bidder and includes collusive practice among bidders (before or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

1.14. “GCC” means the General Conditions of Contract.

1.15. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the

purchaser under the contract.

1.16. “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which

have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the

costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or

other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in

the Republic where the supplies covered by the bid will be manufactured.

1.17. “Local content” means that portion of the bidding price that is not included in the imported content, provided that local

manufacture takes place.

1.18. “Manufacture” means the production of products in a factory using labour, materials, components and machinery and

includes other related value-adding activities.

1.19. “Order” means an official written order issued for the supply of goods or works or the rendering of a service.

1.20. “Project site,” where applicable, means the place indicated in bidding documents.

1.21. “Purchaser” means the organisation purchasing the goods.

1.22. “Republic” means the Republic of South Africa.

1.23. “SCC” means the Special Conditions of Contract.

1.24. “Services” means functional services ancillary to the supply of the goods, such as transportation and any other incidental

services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security,

maintenance and other such obligations of the supplier covered under the contract.

1.25. “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial

design rights arising from use of the goods or any part thereof by the purchaser.

7.1. Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser

the performance security of the amount specified in SCC.

7.2. The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from

the supplier’s failure to complete his obligations under the contract.

7.3. The performance security shall be denominated in the currency of the contract, or in a freely convertible currency

acceptable to the purchaser and shall be in one of the following forms:

a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or

abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the

purchaser; or

b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days

following the date of completion of the supplier’s performance obligations under the contract, including any warranty

obligations, unless otherwise specified in SCC.

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

in the SCC:

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

b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the

parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation,

maintenance, and/or repair of the supplied goods.

13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed

upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for

similar services.

14.1. As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and

information about spare parts manufactured or distributed by the supplier:

a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve

the supplier of any warranty obligations under the contract; and

b) in the event of termination of production of the spare parts:

✓ advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to

procure needed requirements; and

✓ following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of

the spare parts, if requested.

15. Warranty

15.1. The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models,

and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract.

materials, or workmanship (except when the purchaser’s specifications require the design and/or material) or from any

act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing

in the country of final destination.

15.2. This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have

been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the

date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless

specified otherwise in SCC.

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

15.4. Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair

or replace the defective goods or parts thereof, without cost to the purchaser.

15.5. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may

proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to

any other rights which the purchaser may have against the supplier under the contract.

20.1. The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified

in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under

the contract.

21. Delays in the supplier’s performance

21.1. The supplier shall make delivery of the goods and performance of services in accordance with the schedule prescribed

by the purchaser in the contract.

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

impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in

writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier’s

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

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

the contract.

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

provincial department, or local authority.

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

an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required,

or the supplier’s services are not readily available.

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

render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is

agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6. Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling

the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods

not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk,

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

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

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

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

period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of the delay until actual delivery or performance.

The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23.1. 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 the goods within the period(s) specified in the contract, or within any

extension thereof granted by the Purchaser pursuant to GCC Clause 21.2;

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

c) if the Supplier, in the judgment of the Purchaser, has engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

23.2. 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. The supplier shall

be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

23.3. 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

10 years.

23.4. If a purchaser intends to restrict a supplier or any person associated with the supplier, the supplier will be allowed a

time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed.

Should the supplier fail to respond within the stipulated fourteen (14) days, the purchaser may regard the intended

penalty as not objected to and may impose it on the supplier.

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

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

security, damages, or termination for default if and to the extent that its delay in performance or other failure to perform

its obligations under the contract is the result of an event of force majeure.

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

cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its

obligations under the contract as far as is reasonably practical and shall seek all reasonable alternative means for

performance not prevented by the force majeure event.

26.1. 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.

27.1. If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with

or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual

consultation.

Chairperson: Dr T. Mabeba Chief Executive & Registrar: Dr M. Gumede

Block A, Eco Glades 2 Office Park, 420 Witch-Hazel Avenue, Eco Park, Centurion, 0157

Tel: 012 431 0500 Fax: 012 430 7644 Customer Care: 0861 123 267

[email protected] www.medicalschemes.co.za

Bids must be submitted by the stipulated time to the correct email address; late bids will not be accepted. Bids must be on official forms. The bid is subject to PPPFA, Preferential Procurement Regulations 2022, GCC, and any special conditions. The successful bidder must sign a written contract (SBD7). Bidders must be tax compliant and provide SARS PIN or CSD number. Bids from persons in the service of the state are not considered. Documents submitted via cloud solutions (WeTransfer, Google Drive, Dropbox) will not be considered. The validity period is 90 days. CMS may extend the closing date under exceptional circumstances. CMS reserves the right to cancel the award for fraudulent activities. CMS will not be liable for costs incurred by bidders.

Mandatory criteria: (1) At least two recent reference letters (not older than 3 years) on client letterhead for UPS/generator/backup power installation or maintenance. (2) Registration as an electrical contractor with Department of Employment and Labour, ECA(SA), or ECB. (3) OEM letter/certificate authorising installation, maintenance and support of the UPS. (4) OEM letter/certificate authorising resale of the specific product. (5) Signed business continuity plan: coordinate with CMS IT, agree installation date/time, provide installation plan, identify service interruptions, obtain CMS approval for power interruptions, avoid disruption, notify CMS of issues, obtain written approval for out-of-scope work. (6) CIDB registration Level 1 or higher in EB or EP work classes.

3. Evaluation criteria process

3.1. Table 1 – Evaluation Process and Criteria

Stage Details

Phase 1 Mandatory evaluation criteria: These criteria assess bidders' eligibility and prior experience in providing the

Phase 2 Price and Specific Goals evaluation criteria: These criteria evaluate bidders based on bid price and Specific

Specific Goals.

proposals will be assessed using the 80/20 formula (Preference Points System) for Price and Specific Goals as

indicated in the PPPFA Regulations.

Table 3 - Price and Specific Goals

(a) Historically Disadvantaged Individuals (5 Points)

80% - 100% Black-owned 5 Points

50% - 79.99% Black-owned 4 Points

20% - 49.99% Black Owned 3 Points

(b) Size of the Company (3 Points)

EME 3 Points

QSE 2 Points

Generic Enterprise 1 Points

(c) Black Woman-Owned Enterprise (5 Points)

75% - 100% Black Women 5 Points

Specific Goals 20 Owned

51% - 74,99% Black Women 3 Points

d) Ownership by People with Disabilities (3 Points)

75% - 100% Ownership by People with 3 Points

51% - 74,99% Ownership by People with 2 Points

(e) Ownership by Youth (under 35 years) (4 Points)