This Tender Has Expired

For POPIA-related complaints or objections:

• Email: [email protected]
• Website: https://www.justice.gov.za/inforeg/ (navigate to 'Contact Us' > 'Complaints')

Submit the following returnable documents as part of the bid:

• Signed Supplier POPIA Consent Form with completed fields:
• Legal Name of Supplier
• Company Registration Number / ID Number of Respondent / Supplier
• Name of Authorised Representative
• Signature of Respondent’s authorised representative
• Date of Signature
• Confirmation of consent to the processing of personal information for the purposes outlined in the POPIA Consent Form.
• Declaration that all consents for other data subjects’ personal information included in the submission have been obtained, indemnifying the Ports Regulator against any legal or financial penalties arising from the processing of such information.
• Declaration that the submitted personal information is complete, accurate, not misleading, and up to date.

Required returnable documents:

• Completed and signed Supplier POPIA Consent Form with the following fields:
• Legal Name of Supplier
• Company Registration Number / ID Number of Respondent / Supplier
• Name of Authorised Representative
• Signature of Respondent’s authorised representative
• Date of Signature

Evaluation criteria include:

• Open to all eligible service providers capable of fulfilling the scope of work.
• Must comply with South African laws, including POPIA and any other applicable regulations.
• Must demonstrate capability to handle personal information securely and in accordance with POPIA.
• Must indemnify the Ports Regulator against any civil, criminal, or administrative penalties resulting from improper data processing.

Compliance with the Protection of Personal Information Act (POPIA) is mandatory. Requirements include:

• Registration and verification on the Central Supplier Database (CSD) for all organs of state.
• Adherence to POPIA principles: accountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards, and data subject participation.
• Written consent for the processing of personal information, including disclosure to third parties (where applicable).
• Indemnification of the Ports Regulator against any civil, criminal, or administrative penalties arising from the processing of personal information submitted by the bidder.
• Maintenance of measures, policies, and systems to secure personal information against risks (physical, electronic, or otherwise).
• Reporting of unauthorised access, cybercrimes, or suspected cybercrimes to relevant authorities and taking remedial steps to mitigate loss or compromise of personal information.

Contractual terms related to POPIA compliance:

• The Respondent must indemnify the Ports Regulator against any civil or criminal action, administrative fines, or other penalties arising from the processing of personal information submitted by the Respondent.
• The Ports Regulator reserves the right to process information in accordance with POPIA and applicable laws.
• The Respondent must ensure all consents for other data subjects’ personal information are obtained and included in the submission.

Special conditions for POPIA compliance:

• The Ports Regulator will process personal information in accordance with POPIA principles: accountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards, and data subject participation.
• The Ports Regulator is the Responsible Party, and the Respondent is the Data Subject. Personal information will be treated as confidential and not disclosed unless required by law or as per POPIA exceptions.
• The Respondent must comply with all POPIA prescripts relating to information concerning the Ports Regulator.
• Personal information submitted will only be processed for the purpose of registering the Respondent as a Ports Regulator Vendor, facilitating payment, and managing the contract.
• The Ports Regulator will not modify, amend, or disclose personal data without prior written consent from the Respondent, except as required by law.
• The Respondent must process any personal information disclosed by the Ports Regulator in the same manner as the Ports Regulator processes the Respondent’s information.
• The Ports Regulator will maintain sufficient measures, policies, and systems to secure information against all forms of risk.
• The Ports Regulator will notify the Respondent of any unauthorised access or cybercrimes and report such incidents to relevant authorities. The Respondent must take remedial steps to mitigate loss or compromise of personal information.
• The Respondent may request confirmation, access, correction, deletion, or destruction of their personal information held by the Ports Regulator, in accordance with POPIA and using Form 2 of the POPIA Regulations.
• The Respondent must confirm awareness of their rights under Section 5 of POPIA when submitting the Supplier Declaration Form.

Department: SUPPLY CHAIN MANAGEMENT

Disqualification risks:

• Listed in the Register for Tender Defaulters or List of Restricted Suppliers.
• False or incomplete disclosure in the SBD4 Bidder’s Disclosure Form.
• State-employed bidders, directors, or controlling persons without proper disclosure.
• Conflicts of interest with the procuring institution or competitors.

Mandatory requirements:

• Natural or juristic persons may submit bids.
• Full disclosure of any controlling interests, related enterprises, or state employment in the SBD4 form.

Bidders must complete the SBD4 Bidder’s Disclosure Form with the following requirements:

• Declare if the bidder or any directors, trustees, shareholders, members, partners, or controlling persons are employed by the state. If yes, provide full names, ID numbers, and state employee numbers.
• Declare if the bidder or any connected person has a relationship with an employee of the procuring institution. If yes, provide particulars.
• Declare if the bidder or any directors, trustees, shareholders, members, partners, or controlling persons have interests in other related enterprises bidding for this contract. If yes, provide particulars.
• Certify that the bid was prepared independently without collusion with competitors (joint ventures/consortiums are exempt).
• Certify no disclosure of bid terms to competitors before the official opening or award.
• Certify no improper communication with procuring institution officials during the bidding process.
• Acknowledge that false declarations may lead to bid rejection, reporting to the Competition Commission, criminal investigation, or a 10-year restriction from conducting business with the public sector.
• Bidders listed in the Register for Tender Defaulters or List of Restricted Suppliers will be automatically disqualified.

Bidders must complete the SBD4 Bidder’s Disclosure Form with the following requirements:

• Declare if the bidder or any directors, trustees, shareholders, members, partners, or controlling persons are employed by the state. If yes, provide full names, ID numbers, and state employee numbers.
• Declare if the bidder or any connected person has a relationship with an employee of the procuring institution. If yes, provide particulars.
• Declare if the bidder or any directors, trustees, shareholders, members, partners, or controlling persons have interests in other related enterprises bidding for this contract. If yes, provide particulars.
• Certify that the bid was prepared independently without collusion with competitors (joint ventures/consortiums are exempt).
• Certify no disclosure of bid terms to competitors before the official opening or award.
• Certify no improper communication with procuring institution officials during the bidding process.
• Acknowledge that false declarations may lead to bid rejection, reporting to the Competition Commission, criminal investigation, or a 10-year restriction from conducting business with the public sector.
• Bidders listed in the Register for Tender Defaulters or List of Restricted Suppliers will be automatically disqualified.

Evaluation uses the 80/20 preference point system: 80 points for price, 20 points for specific goals (B-BBEE status level). Points for price are calculated using the formula: Ps = 80(1 - (Pt - Pmin)/Pmin), where Ps = points scored, Pt = tender price, Pmin = lowest acceptable tender price. B-BBEE points are allocated based on the contributor's status level (e.g., Level 1: 20 points, Level 2: 18 points, Level 3: 14 points, etc.). Tenderers must submit proof of B-BBEE status to claim points. Failure to submit required documentation results in zero points for specific goals. The organ of state may require additional substantiation of claims at any time.

Price must include all applicable taxes and exclude unconditional discounts. The rand value of the contract is the total estimated value, including all taxes, calculated at the time of bid invitation. Pricing must align with the 80/20 preference point system for evaluation.

B-BBEE compliance is mandatory to claim preference points. Points are allocated based on the bidder's B-BBEE status level (Level 1 to 8 or non-compliant). Bidders must: declare company type (e.g., Partnership, Close Corporation, (Pty) Ltd, Non-Profit Company, State-Owned Company); provide company registration number; and certify the accuracy of all claims. Fraudulent claims or non-compliance may result in: disqualification from the tender process; recovery of costs, losses, or damages; contract cancellation and damages claims; restriction from obtaining business from any organ of state for up to 10 years; or criminal prosecution. The bidder must sign and date a declaration, including company name, registration number, and address.

Bidders must certify that all information provided is true and correct. The organ of state may require documentary proof to substantiate claims at any time. Consequences of fraudulent claims or non-compliance include: (a) disqualification from the tender process; (b) recovery of costs, losses, or damages incurred by the organ of state; (c) contract cancellation and claims for damages due to less favorable arrangements; (d) restriction of the bidder, its shareholders, or directors from obtaining business from any organ of state for up to 10 years (after applying the audi alteram partem rule); or (e) criminal prosecution. The bidder must sign and date a declaration, providing the company name, registration number, and address.