Invitation to submit proposals for the appointment of a panel of service providers to provide guarding and escorting services on an as and when required basis for broadband infraco soc limited in various provinces for a period of three (03) years, with an option to renew for further two (02) years

{"name":null,"email":"[email protected]","phone":"27 11 235 1603","department":"of Trade Industry (DTI). The bidder is expected to be evaluated on these principles and","address":"Infraco WILL NOT ACCEPT"}

Returnable Documents: 5. Valid SARS Tax clearance authorisation PIN as provided by the tax, Central Supplier Database. Please attach full Central Supplier, Database (CSD) report from National Treasury as part of the bid

Must be a legally registered entity (company, partnership, JV, etc.) eligible to do business with Broadband Infraco. Must not be listed on the National Treasury's restricted suppliers list. Must be registered on the National Treasury Central Supplier Database (CSD) with a valid MAAA number. Must hold a valid PSIRA company registration. Must have valid COID (Workmen's Compensation) and UIF compliance certificates. Must submit a valid B-BBEE status level certificate (SANAS-accredited) or sworn affidavit (for EMEs/QSEs). Must provide SARS tax compliance PIN. Must attend the compulsory briefing session. Must submit a signed confidentiality agreement. JV partners must each submit company registration, certified ID copies, SBD forms, tax PIN, CSD report, company profile, JV agreement, and consolidated B-BBEE certificate/affidavit.

Appointment of a panel of service providers to provide guarding and escorting services on

an as and when basis of Broadband Infraco SOC Limited in various provinces for a period

of three (03) years, with an option to renew for further two (02) years.

7 evaluation criteria phases

Bidder/s proposal/s will be evaluated in four (4) phases evaluation by considering

information requested in this RFP as follows.

Phase 1. Compliance to Mandatory administrative requirements

Compliance administrative (gatekeepers) of the bid.

Phase 2. Mandatory Requirements

Failure to submit all mandatory requirements will result in disqualification and the bidder

will not be evaluated further to the next stage price and specific goals.

Phase 3. Technical Evaluation (80/100) minimum threshold.

Refer to Annexure I, for detailed technical requirements of the bid. Compliance to the

technical requirements of the bid in terms of accreditations and submission of all required

information is key to score minimum threshold points.

Phase 4. 80/20 Price and Specific Goals evaluation

Price Evaluation (80 points)

Where:

Ps = Points scored for price of tender under consideration

Pt = Rand value of tender under consideration

Pmin = Rand value of lowest acceptable tender

a. Specific Goals Evaluation (20 points)

Bidders are required to submit valid CIPC documents, ID copies of directors and sworn

affidavits together with their tenders to substantiate the claims.

8. Insurance

Provide details of local as well as international professional indemnity insurance

9. Joint ventures/distributors/agents

If a proposal is submitted by a consortium/joint venture, each party, consultant and or sub-

contractor of such consortium/joint venture must complete or provide each of the

documents mentioned below: -

• Company Registration Document and certified ID copies of

directors/partners/members.

• Fully completed SBD Forms.
• Tax Pin Compliance Status Letter obtainable from SARS.
• CSD Report.
• Company profile.
• JV Agreement.
• Valid consolidated B-BBEE certificate/affidavit.

10. Company information required

a. General Data

Registered Company Name

Postal Address

Contact Person

Position in the Company

Telephone number

E-Mail address

b. SARS Certificate (for South African registered companies only)

Bidder is required to provide Broadband Infraco with the Tax compliance status

verification PIN (Third party authorization) to be used by Broadband Infraco to verify

the bidder’s tax compliance status.

Bidder is required to provide Broadband Infraco with the Central Supplier Database

Master Registration Number (MAAA number) to verify the bidder’s tax compliance

status.

c. Shareholding and Directors

The firm must indicate the nature of the shareholding of the firm and provide the names

of directors of the firm. Bidders must indicate percentage owned by Black Women,

Black youth and disabled people. This will be validated by the Company CK

documents.

d. National Treasury List of Restricted Service Providers

No bid will be awarded to a person or company who has been listed in the National

treasury lists of restricted service provider/suppliers as updated by National treasury.

e. National Treasury’s Central Supplier Database (NT - CSD)

With effect from 1 April 2016, accounting officers and accounting authorities may not

award any bid to a supplier/service provider not registered as a prospective supplier

on the National Treasury’s Central Supplier Database. Bidder is required to provide

Broadband Infraco with the Central Supplier Database Master Registration Number

(MAAA number) or bidder’s CSD report.

11. Discussions

Broadband Infraco reserves the right to call upon any bidder to discuss or present its

proposals as and when deemed necessary at the bidder’s cost.

Broadband Infraco reserves the right to do physical site visits to ascertain facilities before

award. This will be done on an appointment basis with the supplier prior to the visit. Under

no circumstances will a presentation by or negotiation with any bidder constitute an award

or promise / undertaking to award the contract.

12. Your proposal

To submit a valid and acceptable proposal to Broadband Infraco, your proposal/offer

must include the following:

• Comply with all administrative and functionality evaluation requirements.
• A cover letter on your firm's official letterhead including acceptance of the

requirements of the bid and the conditions in the bid document.

• Confirmation that all the mandatory compliance and requirements of the bid have

been met with all the required documents submitted.

• Provide your Central Supplier Database report. (compulsory).
• Provide a valid Tax Clearance Pin (compulsory).
• Provide a valid B-BEE Certificate (compulsory).

13. Special conditions of this bid

These special conditions must be read in conjunction with the general conditions and NEC3

conditions that are applicable to this bid.

• Broadband Infraco reserves the rights to suggest partnerships or joint venture to

be formed between bidders, or that the assignment must be awarded to an

exclusive BEE firm.

• Broadband Infraco reserve the rights to amend any conditions, validity period, etc.

in the event of material changes to the procedures, all parties will be duly notified

and be dealt with transparently and equitably.

• Other conditions additional to the ones mentioned above will be discussed and

agreed between Broadband Infraco and the successful bidder/s prior contracting.

14. Signed confidentiality agreement

The attached confidentiality agreement included in Annexure E must be signed by the

person who is authorised to sign on behalf of the firm and returned with the response to

this RFP.

15. Bid approval

RFP inf/ten 357: invitation to submit proposals for the appointment

Of a panel of service providers to provide guarding and escorting

Services on an as and when required basis for broadband infraco

Soc limited in various provinces for a period of three (03) years,

With an option to renew for further two (02) years

..................................

Mr. Mbulelo Hlobo

General Manager: SCM

Date: 31/08/2026

Annexure a

Document list

1. RFP Document

2. Annexure A : Document list.

3. Annexure B : Broadband Infraco Standard Conditions of Tender.

4. Annexure C : Bid Evaluation Methodology

5. Annexure D : Tender Returnable

6. Annexure E : Confidentiality Agreement.

7. Annexure F : Invitation to Bid (SBD1)

8. Annexure G : Declaration of Interest (SBD) 4

9. Annexure H : Preferential Procurement claim form SBD 6.1

10. Annexure I : Technical Evaluation Criteria (attached)

11. Annexure J : Scope of Work

12. Annexure K : Pricing Schedule

13. Annexure L : Invitation Form

Annexure b

Broadband infraco soc limited standard conditions of tender

January 2008

1 general

Actions 1 Broadband Infraco (SOC) Ltd (Infraco), Broadband

Infraco's Representative and each bidder submitting a

tender shall act timeously as stated in these Conditions of

Tender and in a manner, which is fair, equitable,

transparent, competitive, and cost-effective.

Interpretation 2 Terms shown in italics vary for each tender. The details

of each term for this tender are identified in the Tender

Data. Terms shown in capital initials are defined terms in

the appropriate conditions of contract.

3 Any additional or amended requirements in the Tender

Data and additional requirements given in the Schedules

in the tender returnable are deemed to be part of these

Conditions of Tender.

4 The Conditions of Tender and the Tender Data shall not

form part of any contract arising from this invitation to

tender.

Communication 5 Each communication between Broadband Infraco and a

bidder shall be to or from Broadband Infraco's

Representative only, and in a form that can be read,

copied, and recorded. Communication shall be in the

English language. Infraco takes no responsibility for non-

receipt of communications from or by a bidder.

Broadband Infraco's 6 Broadband Infraco may accept or reject any variation,

rights to accept or deviation, tender, or alternative tender, and may cancel

Reject any tender the tender process and reject all tenders at any time prior

to the formation of a contract. Broadband Infraco or

Broadband Infraco's Representative will not accept or

incur any liability to a bidder for such cancellation and

rejection but will give written reasons for the action upon

written request to do so. Broadband Infraco reserves the

right to accept the whole of any part of any tender.

After the cancellation of the tender process or the

rejection of all tenders Broadband Infraco may abandon

the proposed work and services, have it performed in

any other manner, or re-issue a similar invitation to

tender at any time.

2 bidders obligations

The bidder shall comply with the following obligations when

submitting a tender and shall:

Eligibility 1 Submit a tender only if the bidder complies with the criteria stated

in the Tender Data and the bidder, or any of his principals, is not

under any restriction to do business with Broadband Infraco.

Cost of 2 Accept that Broadband Infraco will not compensate the bidder for

tendering any costs incurred in the preparation and submission of a tender,

including the costs of any testing necessary to demonstrate that

aspects of the tender satisfy the evaluation criteria.

Check 3 Check the tender documents on receipt, including pages within

documents them, and notify Broadband Infraco's Representative of any

discrepancy or omissions using the enclosed fax-back form.

Confidentiality 4 Treat as confidential all matters arising in connection with the

and copyright tender. Use and copy the documents provided by Broadband

of documents Infraco only for the purpose of preparing and submitting a tender

in response to this invitation.

Standardised 5 Obtain, as necessary for submitting a tender, copies of the latest

specifications revision of standardised specifications and other publications,

and other which are not attached but which are incorporated into the tender

publications documents by reference.

Acknowledge 6 Complete the Receipt of invitation and submit the tender fax-back

receipt form, which is attached to the Letter of Invitation, and return it

within five days of receipt of the invitation.

7 Acknowledge receipt of Addenda to the tender documents, which

Broadband Infraco's Representative may issue, and if necessary,

apply for an extension to the deadline for tender submission, in

order to take the Addenda into account.

Site visit and / 8 Attend a site visit and/or clarification meeting at which bidders

or clarification may familiarise themselves with the proposed work, services or

meeting supply, location, etc. and raise questions. Details of the

meeting(s) are stated in the Tender Data.

Seek 9 Request clarification of the tender documents, if necessary, by

clarification notifying Broadband Infraco's Representative earlier than the

closing time for clarification of queries.

Insurance 10 Be informed that the extent (if any) of insurance provided by

Broadband Infraco may not be for the full cover required in terms

of the relevant category listed in Section 8 of the conditions of

contract, the bidder is advised to seek qualified advice regarding

insurance.

Pricing the 11 Include in the rates, prices, and the tendered total of the prices (if

tender any) all duties, taxes (except VAT), and other levies payable by

the successful bidder. Such duties, taxes and levies are those

applicable 14 days prior to the deadline for tender submission.

12 Show Value Added Tax (VAT) payable by Broadband Infraco

separately as an addition to the tendered total of the prices.

13 Provide rates and prices that are fixed for the duration of the

contract and not subject to adjustment except as provided for in

the conditions of contract.

14 State the rates and Prices in South African Rand unless

instructed otherwise as an additional condition in the Tender

Data. The selected conditions of contract may provide for part

payment in other currencies.

Alterations to Not make any alterations or additions to the tender documents,

documents 15 except to comply with instructions issued by Broadband Infraco's

Representative or if necessary, to correct errors made by the

bidder. All such alterations shall be initialled by all signatories to

the tender. Corrections may not be made using correction fluid,

correction tape or the like.

Alternative 16 Submit alternative tenders only if a main tender, strictly in

tenders accordance with all the requirements of the tender documents is

also submitted. The alternative tender is submitted with the main

tender together with a schedule that compares the requirements

of the tender documents with the alternative requirements the

bidder proposes.

17 Accept that an alternative tender may be based only on the

criteria stated in the Tender Data and as acceptable to

Broadband Infraco.

Submitting a 18 Submit a tender for providing the whole of the works, services or

tender supply identified in the Contract Data unless stated otherwise as

an additional condition in the Tender Data.

19 Return the tender returnable to Broadband Infraco, completing

without exception all the forms, data and schedules included

therein.

20 Submit the tender as an original plus the number of copies stated

in the Tender Data and provide an English translation for

documentation submitted in a language other than English.

Tenders may not be written in pencil but must be completed in ink.

21 Sign the original and all copies of the tender where indicated.

Broadband Infraco will hold the signatory duly authorised and

liable on behalf of the bidder.

22 Seal the original and each copy of the tender as separate

packages marking the packages as "ORIGINAL" and "COPY".

Each package shall state on the outside Broadband Infraco's

address and invitation to tender number stated in the Tender

Data, as well as the bidders name and contact address.

23 Seal original and copies together in an outer package that states

on the outside only Broadband Infraco's address and invitation to

tender number as stated in the Tender Data. The outer package

must be marked “CONFIDENTIAL”

24 Accept that Broadband Infraco will not assume any responsibility

for the misplacement or premature opening of the tender if the

outer package is not sealed and marked as stated.

Note:

Broadband Infraco prefers not to receive tenders by post and

takes no responsibility for delays in the postal system or in transit

within or between Broadband Infraco offices.

Where tenders are sent per fax, Broadband Infraco takes no

responsibility for difficulties in transmission caused by line or

equipment faults.

Where tenders are sent via courier, Broadband Infraco takes no

responsibility for tenders delivered to any other site than the

tender office.

Broadband Infraco employees are not permitted to deposit a

tender into the Broadband Infraco tender box on behalf of a

bidder, except those lodged by post or courier.

Closing time 26 Ensure that Broadband Infraco has received the tender at the

address and in the tender box or fax specified in the Tender Data

no later than the deadline for tender submission. Proof of posting

will not be taken by Broadband Infraco as proof of delivery.

Broadband Infraco will not accept a tender submitted

telephonically, e-mail or by telegraph unless stated otherwise in

the Tender Data.

27 Accept that, if Broadband Infraco extends the deadline for tender

submission for any reason, the requirements of these Conditions

of Tender apply equally to the extended deadline.

Tender validity 28 Hold the tender(s) valid for acceptance by Broadband Infraco at

any time within the validity period after the deadline for tender

submission.

29 Extend the validity period for a specified additional period if

Broadband Infraco requests the bidder to extend it. A bidder

agreeing to the request will not be required or permitted to modify

a tender, except to the extent Broadband Infraco may allow for

the effects of inflation over the additional period.

Clarification

30 Provide, on request from Broadband Infraco's Representative

of tender after during the evaluation of tenders, any other material that has a

considered as the main offer. Any further pricing of items deemed necessary for

execution may be priced on the company’s own letterhead and template and will be

considered as an additional/ alternative offer.

4.2.4 File presentation.

of the relevant category listed in Section 8 of the conditions of

contract, the bidder is advised to seek qualified advice regarding

insurance.

Pricing the 11 Include in the rates, prices, and the tendered total of the prices (if

tender any) all duties, taxes (except VAT), and other levies payable by

the successful bidder. Such duties, taxes and levies are those

applicable 14 days prior to the deadline for tender submission.

12 Show Value Added Tax (VAT) payable by Broadband Infraco

separately as an addition to the tendered total of the prices.

may include providing a breakdown of rates or Prices. No change

in the total of the Prices or substance of the tender is sought,

offered, or permitted except as required by Broadband Infraco's

• change Broadband Infraco's or the bidder’s risks and

responsibilities under the contract, or

• affect the competitive position of other bidders presenting

responsive tenders, if it were to be rectified.

Non-responsive 9 Reject a non-responsive tender, and not allow it to be

tender subsequently made responsive by correction or withdrawal of

the non-conforming deviation or reservation.

Arithmetical errors 10 Check responsive tenders for arithmetical errors, correcting

them as follows:

• Where there is a discrepancy between the amounts in

figures and in words, the amount in words shall govern.

• If a bill of quantities applies and there is a discrepancy

between the rate and the line-item total, resulting from

multiplying the rate by the quantity, the rate as quoted shall

govern. Where there is an obviously gross misplacement

of the decimal point in the rate, the line- item total as quoted

shall govern, and the rate will be corrected.

• Where there is an error in the total of the Prices, either as a

result of other corrections required by this checking process

or in the bidder’s addition of prices, the total of the Prices,

if any, will be corrected.

• The corrected price will be communicated to the bidder.

properly received.

meets the requirements of these Conditions of Tender,

has been properly signed, and

is responsive to the requirements of the tender documents. 8 Judge a responsive tender as one which conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in Broadband Infraco's opinion would

detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Contract Data,

change Broadband Infraco's or the bidder’s risks and responsibilities under the contract, or

affect the competitive position of other bidders presenting responsive tenders, if it were to be rectified. Non-responsive 9 Reject a non-responsive tender, and not allow it to be tender subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation. Arithmetical errors 10 Check responsive tenders for arithmetical errors, correcting them as follows

Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern.

If a bill of quantities applies and there is a discrepancy between the rate and the line-item total, resulting from multiplying the rate by the quantity, the rate as quoted shall govern. Where there is an obviously gross misplacement of the decimal point in the rate, the line- item total as quoted shall govern, and the rate will be corrected.

Where there is an error in the total of the Prices, either as a result of other corrections required by this checking process or in the bidder’s addition of prices, the total of the Prices, if any, will be corrected.

The corrected price will be communicated to the bidder. The bidder may withdraw the tender but may not change the tendered price. 11 Reject a tender if the bidder does not accept the corrected total of the Prices (if any). Evaluating the 12 Evaluate responsive tenders in accordance with the procedure tender and criteria stated in the Tender Data. The evaluated tender price will be disclosed only to the relevant Infraco tender committee and will not be disclosed to bidders or any other person. Clarification of a 13 Obtain from a bidder clarification of any matter in the tender tender which may not be clear or could give rise to ambiguity in a contract arising from this tender if the matter were not to be clarified. Acceptance of 14 Notify Broadband Infraco's acceptance to the successful tender bidder before the expiry of the validity period or agreed additional period. Providing the notice of acceptance does not contain any qualifying statements, it will constitute the formation of a contract between Broadband Infraco and the successful bidder. Notice to 15 After the successful bidder has acknowledged Broadband unsuccessful Infraco’s notice of acceptance, notify other bidders that their bidders tenders have not been accepted, following Infraco’s current procedures. Prepare contract 16 Revise the contract documents issued by Broadband Infraco documents as part of the tender documents to take account of

Addenda issued during the tender period,

inclusion of some of the tender returnable, and

other revisions agreed between Broadband Infraco and the successful bidder before the issue of Broadband Infraco's notice of acceptance (of the tender).

The schedule of deviations attached to the form of offer and acceptance, if any. Issue final contract 17 Issue the final contract documents to the successful bidder for acceptance within one week of the date of Broadband Infraco's notice of acceptance. Sign Form of 18 Arrange for authorised signatories of both parties to complete Agreement and sign the original and one copy of the Form of Agreement within two weeks of the date of Broadband Infraco's notice of acceptance of the tender. If either party requires the signatories to initial every page of the contract documents, the signatories for the other party comply with the request. Complete 19 Unless alternative arrangements have been agreed, arrange Adjudicator's for both parties to complete, and sign the Form of Agreement Contract and Contract Data for the NEC Adjudicator's Contract with the selected adjudicator. Provide copies of 20 Provide to the successful bidder the number of copies stated in the contract the Tender Data of the signed copy of the contracts within three weeks of the date of Broadband Infraco's acceptance of the tender. ANNEXURE C

BID EVALUATION METHODOLOGY The Evaluation will be done in four (4) phases, as follows: 1.1 PHASE 1 – ADMINISTRATIVE REQUIREMENTS Below is a list of administrative requirements that bidders must include in their response. Table 2: Administrative Requirements 1.1.1 Completion and submission of SBD 1 - Annexure Comply Not comply Bidders must provide completed SBD 1 – “Invitation to Bid”. Substantiate/Comment 1.1.2 Completion and submission of SBD 4 - Annexure F Comply Not comply Bidders must provide completed SBD 4 – “Declaration of interest”. Substantiate/Comment 1.1.3 Completion and submission of SBD 6.1 - Annexure G Comply Not comply Bidders must provide completed SBD 6.1 – “Preference Points Claim Form in terms of the preferential procurement regulations 2022” Substantiate/Comment (Please indicate if portion of the contract will be subcontracted and what % will it be) 1.1.4 National Treasury Central Supplier Database (CSD) Comply Not comply With effect from 1 April 2016, Accounting Officers and Accounting Authorities may not award any bid to a supplier/service provider not registered as a prospective supplier on the National Treasury’s Central Supplier Database. Please attach the full report of the Central Supplier Database (CSD) from National Treasury to the bid response. Please provide proof of registration with National Treasury. Substantiate/Comment 1.1.5 South African Revenue Services Certificate Comply Not comply Bidder is required to submit an authorisation PIN as provided by the tax authority as verification information to be used by Broadband Infraco to validate SARS matters on website. 1.1.6 Compulsory Briefing Session Comply Not Comply Failure to attend the compulsory briefing session, bidder will be disqualified and will not be evaluated further. 1.2 PHASE 2 - Table3: Mandatory Requirements 1.1.2 Criteria Comply Not Comply PSIRA Company registration - Valid proof of registration with PSIRA for the Company Compensation for Occupation Injuries and Diseases (COID) Workman Compensation - Valid compliance certificate of Compensation for Occupation Injuries and Diseases (COID) Workman Compensation Unemployment Insurance Fund (UIF) - Valid compliance certificate with the Unemployment Insurance Fund (UIF) Failure to submit any of the mandatory documents is an automatic disqualification from the process. 1.3 PHASE 3 – TECHNICAL EVALUATION Bidders must obtain a minimum score of 80/100 to qualify to be evaluated further on Presentation. Bidders who obtain less than the minimum threshold will be eliminated from further evaluation. (Technical Evaluation Criteria attached). 1.4 PHASE 4 – COMMERCIAL EVALUATION Bidders will be evaluated on Price and Specific Goals using the 80/20 preference point system, as per the table below. Table 3: Commercial Evaluation COMMERCIAL EVALUATION CRITERIA/S WEIGHT Price 80 Specific Goals 20 TOTAL COMMERCIAL EVALUATION 100 1.4.1 PRICE EVALUATION The 80/20 preference point systems will be applied: A maximum of 80 is allocated for price on the following basis

Points Allocation: 80 points

B-BBEE Details: nd all liability for such

representations, warranties or statements.

3.9 Black Economic Empowerment

Broadband Infraco requires all interested parties to provide their valid Broad Based Black

Economic Empowerment status from a verified agency, sworn affidavits from QSEs and

EMEs to be eligible to claim BBBEE points.

The Employer is committed to Broad-Based Black Economic Empowerment principles

and as such complies to the BEE Codes of Good Practice published by the Department

of Trade Industry (DTI). The bidder is expected to be evaluated on these principles and

must present a valid B-BBEE status certificate and B-BBEE Scorecard based on the DTI

Interpretative Guide to the Codes of Good Practice.

http://www.thedti.gov.za/bee/InterpretiveGuide28june07doc.pdf)

4 key tender dates

4.1 The following key tender dates apply to this tender:

Table 1: Key Dates

Activity Key Tender Dates

Tender publication date: 02 September 2026

Compulsory Briefing Session Date: 09 September 2026 @ 10:00 AM

Place: Microsoft Teams

https://teams.microsoft.com/meet/3321

79152409025?p=OFX32DLNtTwtyQXAN

z

Meeting ID: 332 179 152 409 025

Passcode: Hk2oa6KL

Bidders must ensure to log in on time as bidders will

not be accepted after 30 minutes after

commencement of the compulsory briefing session.

Closing date for written 11 September 2026

questions/clarifications

Deadline for responding to 15 September 2026

questions

RFP closing date 23 September 2026 at 12h00 noon (RSA Time)

Any questions which may arise with regards to the interpretation of the RFP, or

additional information required to clarify the RFP are to be submitted to:

Attention: RISBEN KHOZA

Broadband Infraco (SOC) Limited

Telephone no. : +27 11 235 1621

Email: [email protected]

• Effectively manage and ensure the safety of assets and personnel by preventing,

detecting, monitoring, and responding to incidents of criminal activity.

• To mitigate security risks and crime exposure in a dynamic crime environment

through optimal deployment of security services, reducing potential human error

or interference.

• To enable integrated decision-making through regular security risk assessments

conducted as part of Broadband Infraco’s security strategy.

and as such complies to the BEE Codes of Good Practice published by the Department

of Trade Industry (DTI). The bidder is expected to be evaluated on these principles and

must present a valid B-BBEE status certificate and B-BBEE Scorecard based on the DTI

accept and comply with the contract conditions as per the NEC3 Engineering Services Short

Contract (ECSC3), as published by Thomas Telford Publishing on behalf of the Institution

of Civil Engineers, United Kingdom. Copies available from Thomas Telford Ltd, 1 Heron

Quay, London. (ISBN 0 7277 2634 X).

fax or in the designated tender box at the date and time

stipulated as the deadline for tender submission.

Non-disclosure 4 Not disclose to bidders, or to any other person not officially

concerned with such processes, information relating to the

evaluation and comparison of tenders and recommendations

for the award of a contract, until after the award of the

contract to the successful bidder.

Grounds for 5 Consider rejecting a tender if there is any effort by a bidder

rejection to influence the processing of tenders or contract award.

Disqualification 6 Instantly disqualify a bidder (and his tender) if it is

established that the bidder offered an inducement to any

person with a view to influencing the placing of a contract

arising from this invitation to tender.

right to conduct a further procurement process with or without a request for tender or to

enter into negotiations with any one or more of the bidders, should it decide to proceed

with contract award.

3.7.2 Broadband Infraco reserves the right to subject bidders and their facilities to assessment

as part of the evaluation process or as a condition of the contract award.

3.7.3 Broadband Infraco reserves the right not to evaluate and/or consider any proposal by a

bidder that do not comply strictly with the requirements as set out in this RFP and/or who

do not meet one or more of the prerequisite tender requirements set out in the technical

criteria (Annexure C).

3.7.4 Broadband Infraco reserves the right to decide on the contract award based solely on the

information received in the responses to this RFP. Broadband Infraco also reserves the

right to use relevant information not contained in any tender, but which is within the

knowledge of any employee or Board member of Broadband Infraco or its advisors,

agents, or representatives for the purposes of making its decision.

3.8 Disclaimer of liability for representations, warranties, or statements

Broadband Infraco believes all information contained in this RFP (and all its schedules

and annexes) and all guidelines or in any other written material furnished or information

orally transmitted to a potential bidder (including, but not limited to any opinion,

information or advice that may be provided to a potential bidder by or on behalf of

Broadband Infraco) to be correct but Broadband Infraco does not (save to the extent

otherwise expressly provided for in a future written agreement with a successful bidder)

make any representations or warranties, express or implied as to the accuracy or

completeness of such information and expressly disclaims any and all liability for such

representations, warranties or statements.

3.9 Black Economic Empowerment

2. Annexure A : Document list.

3. Annexure B : Broadband Infraco Standard Conditions of Tender.

4. Annexure C : Bid Evaluation Methodology

5. Annexure D : Tender Returnable

6. Annexure E : Confidentiality Agreement.

7. Annexure F : Invitation to Bid (SBD1)

8. Annexure G : Declaration of Interest (SBD) 4

9. Annexure H : Preferential Procurement claim form SBD 6.1

10. Annexure I : Technical Evaluation Criteria (attached)

11. Annexure J : Scope of Work

12. Annexure K : Pricing Schedule

13. Annexure L : Invitation Form

incur any liability to a bidder for such cancellation and

rejection but will give written reasons for the action upon

written request to do so. Broadband Infraco reserves the

right to accept the whole of any part of any tender.

submitting a tender and shall:

Eligibility 1 Submit a tender only if the bidder complies with the criteria stated

in the Tender Data and the bidder, or any of his principals, is not

under any restriction to do business with Broadband Infraco.

Cost of 2 Accept that Broadband Infraco will not compensate the bidder for

tendering any costs incurred in the preparation and submission of a tender,

including the costs of any testing necessary to demonstrate that

aspects of the tender satisfy the evaluation criteria.

Check 3 Check the tender documents on receipt, including pages within

documents them, and notify Broadband Infraco's Representative of any

discrepancy or omissions using the enclosed fax-back form.

Confidentiality 4 Treat as confidential all matters arising in connection with the

and copyright tender. Use and copy the documents provided by Broadband

of documents Infraco only for the purpose of preparing and submitting a tender

in response to this invitation.

Standardised 5 Obtain, as necessary for submitting a tender, copies of the latest

specifications revision of standardised specifications and other publications,

and other which are not attached but which are incorporated into the tender

publications documents by reference.

Acknowledge 6 Complete the Receipt of invitation and submit the tender fax-back

receipt form, which is attached to the Letter of Invitation, and return it

within five days of receipt of the invitation.

apply for an extension to the deadline for tender submission, in

order to take the Addenda into account.

Site visit and / 8 Attend a site visit and/or clarification meeting at which bidders

or clarification may familiarise themselves with the proposed work, services or

meeting supply, location, etc. and raise questions. Details of the

meeting(s) are stated in the Tender Data.

Seek 9 Request clarification of the tender documents, if necessary, by

clarification notifying Broadband Infraco's Representative earlier than the

closing time for clarification of queries.

Insurance 10 Be informed that the extent (if any) of insurance provided by

discovered in the evaluation of tenders. The total of the Prices

stated by the bidder as corrected by Infraco's Representative with

the concurrence of the bidder, shall be binding upon the bidder

Submit bonds, 31 If instructed by Broadband Infraco's Representative (before the

policies etc. formation of a contract), submit for Infraco's acceptance, the

bonds, guarantees, policies and certificates of insurance required

to be provided by the successful bidder in terms of the conditions

of contract.

Unemployment Insurance Fund (UIF) - Valid compliance certificate

with the Unemployment Insurance Fund (UIF)

discretion.

3.2 The Parties acknowledge that the Confidential Information is a valuable, special, and

unique asset proprietary to the Disclosing Party.

3.3 The Receiving Party agrees that it will not, during or after the course of its relationship

with the disclosing party under this agreement and/or the term of this Agreement, disclose

the Confidential Information to any third party for any reason or purpose whatsoever

without the prior written consent of the Disclosing Party and to the extent of such

authorisation, save in accordance with the provisions of this Agreement. In this

Agreement “third party” means any party other than the Receiving and Disclosing Parties

or their Representatives.

3.4 Notwithstanding anything to the contrary contained in this Agreement the Parties agree

that the Confidential Information may be disclosed by the Receiving Party to its respective

employees, agents, officers, directors, subsidiaries, associated companies, shareholders

and advisers (including but not limited to professional financial advisers, legal advisers

and auditors) ("Representatives") on a need-to- know basis and for the purposes of the

Project; provided that the Receiving Party takes whatever steps are necessary to procure

that such Representatives agree to abide by the terms of this Agreement to prevent the

unauthorized disclosure of the Confidential Information to third parties. For purposes of

this clause, the Receiving Party’s Representatives shall be deemed to be acting, in the

event of a breach, as the Receiving Party’s duly authorized agents.

3.5 Except as otherwise contemplated in this Agreement, the Parties agree in favor of one

another not to utilize, exploit or in any other manner whatsoever use the Confidential

whatsoever other than the Project without the prior written consent of the Disclosing Party.

3.6 Accordingly, the Receiving Party agrees to indemnify, defend and hold the Disclosing

8.2 is or becomes publicly known, otherwise than because of a breach of this Agreement by

the Receiving Party.

8.3 is developed independently of the Disclosing Party by the Receiving Party in

circumstances that do not amount to a breach of the provisions of this Agreement.

8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction

or to comply with the provisions of any law or regulation in force from time to time; provided

that in these circumstances, the Receiving Party shall advise the Disclosing Party to take

whatever steps it deems necessary to protect its interests in this regard and provided

further that the Receiving Party will disclose only that portion of the Confidential

reasonable endeavours to protect the confidentiality of such Confidential Information to

the greatest extent possible in the circumstances;

8.5 is disclosed to a third party pursuant to the prior written authorisation and limited to the

extent of such approval of the Disclosing Party.

8.6 is received from a third party in circumstances that do not result in a breach of the

provisions of this Agreement.

9. Term

This Agreement shall commence upon the date referred to in paragraph 1.3 and shall

endure for a period of two (02) years after the date of termination of the relationship

between the parties referred to herein.

Agreement and fail to remedy such breach within seven (7) business days from date of a

written notice to do so, then the Disclosing Party shall be entitled to invoke all remedies

available to it in law including, but not limited to, the institution of urgent proceedings as

well as any other way of relief appropriate under the circumstances, in any court of

competent jurisdiction, in the event of breach or threatened breach of the Agreement

and/or an action for damages.

15.2.1 will not result in a breach of any other Agreement to which it is a party; and

15.2.2 will not, to the best of its knowledge and belief, infringe the rights of any third party;

and the Disclosing Party hereby indemnifies and holds the Receiving Party

harmless against any liability for third party claims on such a basis.