How will bids be evaluated?

Valid POPIA registration certificate with the Information Regulator in the name of the bidding company; valid ISO/IEC 27001:2022 certificate for the bidding company; valid PMP certification for the project manager/team leader. Must register on the National Treasury Central Supplier Database (CSD). Complete and submit all SBD forms: SBD 1, SBD 3.3, SBD 4, SBD 6.1. Must provide CSD report, tax compliance details (pin or CSD number), B-BBEE certificate or sworn affidavit, certified ID copies of directors, and shareholder certificates if claiming specific goals.

What are the important dates and deadlines for this tender?

{"closingDate":"28 September 2026","closingTime":"11h00","briefingSession":"{\"date\":null,\"time\":null,\"venue\":null,\"is_compulsory\":false}"}

Who should be contacted for queries about this tender?

{"name":"Ms. Kholo","email":"institutional@sasseta.org.za","phone":null,"department":"of Higher Education","address":"for the attention of"}

RFP: Institutional Readiness Assessment for Sasseta (Gauteng)

Submission Guidelines

Source: RFP - Institutional Readiness Assessment.pdf (RFP)

Returnable Documents: General Conditions of Contract (Annexure A), Pricing Template (Annexure B) RFP: Institutional Capability Assessment of 28, RFP SUBMISSION CONDITIONS AND INSTRUCTIONS 1.1 FRAUD AND CORRUPTION 1.1.1 All Service Providers are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No and any other Act applicable. 1.2 COMPULSORY BRIEFING SESSION 1.2.1 There will be no briefing session for this Request for Proposal. 1.3 CLARIFICATIONS/QUERIES 1.3.1 Any clarification required by a bidder regarding the meaning or interpretation of the Terms of Reference, or any other aspect concerning the bid, is to be requested in writing (e-mail) from Ms. Kholo Leshabane at [email protected] by 12H00 on 18 September 2026. The bid number should be mentioned in all correspondence. Telephonic requests for clarification will not be accepted. 1.4 SUBMITTING BIDS 1.4.1 Proposals to be submitted electronically via email to institutional @sasseta.org.za (maximum size of the email 30 MB), Bidders are advised to compress their submission(s) to a maximum of 30MB file/folder. Any submission(s) exceeding 30MB will be automatically rejected by the server., Submission(s) can be made through email and WeTransfer. Bidders are advised NOT to set an expiry date on the submission(s) made. If a Bidder’s response is found to have expired during the evaluation period, it will be considered non-responsive. Bidders who chose to submit via WeTransfer are encouraged to ensure that they have a license for the platform as without it, the submission will automatically expire within seven (7) days., Bidders must not submit their responses via Google Drive or any other method that will compel SASSETA to request access and/or create an email address out of SASSETA’s domain (sasseta.org.za). Such responses will be considered non-responsive., Bidders are advised to double check their submission(s) before responding to the bid. ❖ Closing date and time: 28 September 2026 @ 11h00 1.5 LATE BIDS 1.5.1 Bids received late shall not be considered. A bid will be considered late if it arrived only one second after 11h00 or any time thereafter. Bids arriving late will not be considered under any circumstances. Bidders are therefore strongly advised to ensure that bids be sent allowing enough time for any unforeseen events that may delay the delivery of the bid. RFP: Institutional Capability Assessment of 28 1.6 NEGOTIATION 1.6.1 SASSETA has the right to enter into negotiation with a prospective service provider regarding any terms and conditions, including price(s), of a proposed contract. 1.7 REASONS FOR REJECTION 1.7.1 SASSETA shall reject a bid for the award of a contract if the recommended bidder has committed a proven corrupt or fraudulent act in competing for the particular contract. 1.7.2 SASSETA shall disregard the bid of any bidder if that bidder, or any of its directors: 1.7.2.1 have abused the Supply Chain Management systems of SASSETA. 1.7.2.2 have committed proven fraud or any other improper conduct in relation to such systems. 1.7.2.3 have failed to perform on a contract and the proof exists. 1.7.3 Such actions shall be communicated to the National Treasury. RFP: Institutional Capability Assessment of 28

Technical Specifications

Source: RFP - Institutional Readiness Assessment.pdf (RFP)

Selection Process

Section b

Invitation to Quote (SBD 1)
Pricing Schedule (SBD 3.3)
Bidder’s Disclosure (SBD 4)
Preference Points Claim form in terms of Preferential Procurement

Regulations 2022 (SBD 6.1).

2.1 Introduction and background

2.1.1 SASSETA is one of the twenty-one Sector Education and Training

Authorities (SETAs) established in terms of the Skills Development Act

(Act ) as amended. SASSETA’s licence has been renewed

until 31st March 2030. SASSETA is classified as a schedule 3A Public

Entity in terms of the Public Finance Management Act, (Act ,

as amended). SASSETA reports to the Department of Higher Education

and Training.

2.2 Purpose

2.2.1 SASSETA seeks to appoint a competent and experienced service

provider to undertake an institutional capability assessment that

evaluates:

2.2.1.1 The deployment readiness and fitness-for-purpose of the

Institutional Systems ;

2.2.1.2 The adequacy of SASSETA’s enterprise ICT infrastructure,

architecture, and information security environment;

2.2.1.3 Alignment between Solutions, ICT strategy, enterprise

architecture, and data governance frameworks;

2.2.1.4 Organisational readiness, change capacity, and digital skills

required to sustain digital transformation; and

2.2.1.5 The effectiveness and future potential of automation enabled

through current solutions and associated digital platforms.

The assessment is intended to support informed executive decision-

making by the Office of the Chief Executive Officer and to ensure that

system deployment and future digital investments are aligned to

institutional capacity, governance requirements, and strategic

objectives.

2.2.2 In performing the above work the service provider must ensure

compliance with the following legislation and other related legal

frameworks

2.2.2.1 Provision of Access to Information Act (PAIA)

2.2.2.2 Promotion of Administrative Justice Act (PAJA)

2.2.2.3 Public Finance Management Act (PFMA)

2.2.2.4 Protection of Personal Information Act (POPIA)

2.2.2.5 Electronic Communications and Transaction Act (ECTA)

2.2.2.6 International Organization Standardization (ISO9001- quality

management system)

2.2.2.7 Minimum Information Operation ability Standard (MIOS)

2.2.2.8 Minimum Information Security Standard (MISS)

RFP: Institutional Capability Assessment of 28

2.3 Scope of work

2.3.1 Institutional capability assessment

2.3.1.1 The appointed service provider will be required to execute the

scope of work through a structured, phased approach over an

estimated period of three years. The scope comprises the

following interrelated phases:

2.3.1.1.1 Phase 1: Solution Validation and Deployment

Readiness - The objective of this phase is to confirm,

through structured assurance testing, that the

developed solutions are aligned to approved

requirements, operationally fit for purpose, and

technically ready for deployment.

This phase includes but is not limited to:

2.3.1.1.1.1 End-to-End Requirements Alignment and Solution

Assurance

➢ Review of Business Requirements and Functional

Requirements documentation;

➢ Verification of alignment between approved

requirements and delivered system functionality;

➢ Identification of gaps, deviations, or deferred

requirements;

➢ Assessment of system usability, technical performance,

and operational fitness;

➢ Evaluation of system alignment with existing business

processes and identification of required process

changes;

➢ Identification of deployment risks, constraints, and

remediation actions

2.3.1.1.1.2 Technical Performance and Practical Usability

Methodology

Source: RFP - Institutional Readiness Assessment.pdf

making by the Office of the Chief Executive Officer and to ensure that

system deployment and future digital investments are aligned to

institutional capacity, governance requirements, and strategic

objectives.

2.2.2 In performing the above work the service provider must ensure

compliance with the following legislation and other related legal

frameworks

2.2.2.1 Provision of Access to Information Act (PAIA)

2.2.2.2 Promotion of Administrative Justice Act (PAJA)

2.2.2.3 Public Finance Management Act (PFMA)

2.2.2.4 Protection of Personal Information Act (POPIA)

2.2.2.5 Electronic Communications and Transaction Act (ECTA)

2.2.2.6 International Organization Standardization (ISO9001- quality

management system)

2.2.2.7 Minimum Information Operation ability Standard (MIOS)

2.2.2.8 Minimum Information Security Standard (MISS)

RFP: Institutional Capability Assessment of 28

2.3 Scope of work

2.3.1 Institutional capability assessment

2.3.1.1 The appointed service provider will be required to execute the

scope of work through a structured, phased approach over an

estimated period of three years. The scope comprises the

following interrelated phases:

2.3.1.1.1 Phase 1: Solution Validation and Deployment

Bidding company to provide a proposed 0 No methodology included/methodology that does not relate to

methodology & technical approach which the scope of work

should include: 1 Methodology and Project plan that adheres to the terms of

reference and includes:

➢ Comprehensive, phase-by-phase

methodology. ➢ Comprehensive, phase-by-phase methodology.

➢ Structured testing approach with specific ➢ Structured testing approach with specific tools.

tools. ➢ Stakeholder engagement plan.

➢ Stakeholder engagement plan. ➢ Data quality controls.

➢ Data quality controls. 2 Methodology and Project plan that adheres to the terms of 30

➢ Identification of project risks and reference and includes:

mitigations.

➢ Ethical and security considerations. ➢ Comprehensive, phase-by-phase methodology.

➢ Be explicitly aligned to all deliverables. ➢ Structured testing approach with specific tools.

➢ Stakeholder engagement plan.

(30 points) ➢ Data quality controls.

➢ Identification of project risks and mitigations.

➢ Ethical and security considerations.

➢ Explicitly aligned to all deliverables

RFP: Institutional Capability Assessment of 28

Experience & Qualifications

Source: RFP - Institutional Readiness Assessment.pdf

RFP: Institutional Capability Assessment of 28

➢ Implement approved automation interventions to

replace manual, paper-based, fragmented, or

duplicative business processes.

➢ Configure and operationalise automated workflows

across integrated systems in line with defined future-

state process models.

➢ Enable end-to-end process automation through

system configuration, workflow orchestration, and

system integration.

➢ Decommission or significantly reduce reliance on

legacy manual processes, parallel systems, and

informal workarounds.

➢ Embed automated controls, audit trails, and reporting

mechanisms to strengthen governance, compliance,

and accountability.

➢ Support organisational adoption through targeted

enablement, operational support, and stabilisation

activities.

➢ Monitor early operational performance of automated

processes to confirm effectiveness and sustainability.

2.1 Mandandtory requirements

2.1.1 The service provider to ensure compliance to the Protection of Personal

Information Act (POPIA). The bidder is required to submit a valid

registration certificate with the Information Regulator of South Africa in

the name of the bidding company.

2.1.2 Certified project manager/team leader: valid Project Management

Certification (PMP).

2.1.3 Bidding Company to be ISO/IEC 27001:2022 certified. A valid certificate

to be submitted.

NB.: Non submission of the above will lead to automatic disqualification.

2.2 Skills and experience of the bidding company and the team

The submitted CV of the Project minimum of five (5) years’ experience within the field of IT

Manager/Team Leader to demonstrate a 0 consulting management/ CV and/or Annexure B of the lead

minimum of five (5) years of experience team member/Project manager not attached

within the field of IT consulting. Bidders to The lead team member submitted a comprehensive CV and/or

submit a comprehensive CV and/or also 1 Annexure B (CV Template) demonstrating five (5) years of 30

complete the CV template on the attached experience undertaken within the field of IT Consulting

(30 points) 2 Annexure B (CV Template) demonstrating six (6) years and/or

more of experience undertaken within the field of IT Consulting

of three (3) assignments in comparable ICT minimum of three (3) signed reference letters.

assurance / system readiness assessments. Bidding Company demonstrated three (3) successfully

implemented records management system assignments and

Each assignment to be supported by a signed 1 three (3) signed reference letters on the clients’ letterhead 40

reference letter on the letterhead of previous supporting the experience are attached

clients and must be relevant to this tender

Bidding Company demonstrated four (4) or more successfully

(40 Points) implemented records management system assignments and

four (4) or more signed reference letters on the clients’

letterhead supporting the experience are attached

Total points 100%

N/B: Bidders must score a minimum of one (1) in each of the elements above. Bidders who score a zero in any of the elements will be

disqualified from further evaluation.

Bidders must meet minimum functionality points of 70% in order for them to be shortlisted . Bidders who score less than 70% for functionality

will be eliminated from further evaluation.

RFP: Institutional Capability Assessment of 28

3.2.4 Phase 4 – Price and Specific Goals

The value of this bid is estimated not to exceed R6 000 000 (all applicable taxes

included) and therefore the 80/20 system shall be applicable where 80 points will be

allocated to price and 20 points for Specific Goals as follows:

SBD 6.1 will lead to Specific Goals points not awarded

Part 5: Submitted the General Conditions of Contract (initialed each page)
Part 6: Bidders National Treasury Central Supplier Database (CSD) forms indicating the

validity of the bidder’s registration

Part 7: Bidder’s attached quotation on the Company letterhead inclusive of VAT and

any other applicable costs in line with the SBD 3.3

Part 8: The service provider to ensure compliance to the Protection of Personal

Information Act (POPIA). The bidder is required to submit a valid registration

certificate with the Information Regulator of South Africa in the name of the

bidding company. Non-submission of a valid registration certificate(s)

with the Information Regulator of South Africa will lead to automatic

disqualification.

Part 9: Submit valid Project Management Certification (PMP) certificate for the

project manager/team leader. Non-submission of a valid Project

Management Certification (PMP) certificate will lead to automatic

disqualification.

Part 10: Bidding Company to be ISO/IEC 27001:2022 certified. A valid certificate to

be submitted. Non-submission of a valid ISO/IEC 27001:2022 certificate will

lead to automatic disqualification.

Part 11: The submitted CV of the Project Manager/Team Leader to demonstrate a minimum

of five (5) years of experience within the field of IT consulting. Bidders to submit a

comprehensive CV and/or also complete the CV template on the attached

Part 12: The submitted CV of the Project Manager/Team Leader to demonstrate a minimum

of five (5) years of experience within the field of IT consulting. Bidders to submit a

comprehensive CV and/or also complete the CV template on the attached Annexure

Part 13: Bidders to submit the following documents. Non-submission of the

below-mentioned documents (under 6) will lead to specific goal points

Pricing Schedule

Source: RFP - Institutional Readiness Assessment.pdf

(Professional Services)

Name of bidder: ................................................................................................................. Bid NO.: RFP/SASSETA/26271102

CLOSING TIME: 11h00 CLOSING DATE: 28 September 2026

Offer to be valid for 90 days from the closing date of bid.

Item description bid price in RSA currency

NO **(all applicable taxes included)

The accompanying information must be used for the formulation of proposals.
Service Providers are requested to provide an all-inclusive cost of this project with the following clearly indicated:

Fixed costs:

Item Item Costs (Incl. VAT where

No. applicable)

1 Phase 1: Solutions Validation and Deployment Readiness R

2 Phase 2: Enterprise ICT Infrastructure Readiness Assessment R

3 Phase 3: ICT Strategy, Architecture, and Data Alignment Evaluation R

4 Phase 4: Organisational Readiness and Change Capacity Assessment R

5 Phase 5: Post-Deployment Automation Effectiveness Assessment

6 Phase 6: Enterprise Automation Execution and Digital Modernisation

Total R

NB: Bidders will be allowed an annual escalation on the anniversary of the contract linked to CPIX in that particular anniversary

month.

Bidders are to complete the name and surname of the proposed Team Leader on this assignment and ensure that a comprehensive CV is

attached to the proposal:

NO ROLE IN THE TEAM NAME AND SURNAME (Only one name to be recorded) IS CV ATTACHED

(Circle the response below)

Team Leader Yes/No

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

Signature Date

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

Position Name of bidder

(To be signed by a duly Authorised Delegate. A signed Company Resolution to be submitted)

Bidder’s disclosure

Purpose of the form

1.1 Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid. In

line with the principles of transparency, accountability, impartiality, and ethics as enshrined

in the Constitution of the Republic of South Africa, 1996 (Constitution), and further expressed

in the various applicable legislation, it is required for the bidder to make this declaration in

respect of the details required hereunder.

1.2 If a person is listed in the Register for Tender Defaulters and/or the List of Restricted

Suppliers, that person will automatically be disqualified from the bid process.

Declaration on employment by organ of state

2.1 Is the bidder, or any of the directors / trustees / shareholders / members / partners of the

bidder employed by an organ of state, as defined in section 239 of the Constitution?

Yes/no

2.2 If YES, furnish particulars of the names, individual identity numbers, in the table below:

Full Name Identity Number Name of organ of state

2.3 Do you, or any person connected with the bidder, have a relationship with any person who is

employed by the procuring institution? YES/NO

2.3.1 If so, furnish particulars:

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

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

2.4 Does the bidder or any of its directors/trustees/shareholders members/partners or any person

having a controlling interest in the enterprise have any interest in any other related enterprise,

whether or not they are bidding for this contract? YES/NO

2.4.1 If so, indicate all companies registered in the CSD in the table below:

RFP: Institutional Capability Assessment of 24

Supplier registration number Status (active/inactive/deleted)

(Maaa)

Failure to disclose all CSD-registered active companies linked to all Directors will lead to

disqualification.

3 general declaration

I, ............................................................................................., the undersigned, in

submitting the accompanying bid, do hereby make the following statements that I certify to be

true and complete in every respect:

3.1 I have read and I understand the contents of this disclosure.

3.2 I understand that the accompanying bid will be disqualified if this disclosure is found to be

false.

3.3 The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor.

3.4 In addition, there have been no consultations, communications, agreements or arrangements

with any competitor regarding the quality, quantity, specifications, prices, including methods,

factors or formulas used to calculate prices, market allocation, the intention or decision to

submit or not to submit the bid, bidding with the intention not to win the bid and conditions or

delivery particulars of the products or services to which this bid invitation relates.

3.5 The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,

directly or indirectly, to any competitor, prior to the date and time of the official bid opening or

of the awarding of the contract.

3.6 There have been no consultations, communications, agreements or arrangements made by

the bidder with any official of the procuring institution in relation to this procurement process

prior to and during the bidding process except to provide clarification on the bid submitted

where so required by the institution; and the bidder was not involved in the drafting of the

specifications or terms of reference for this bid.

3.7 I am aware that, in addition and without prejudice to any other remedy provided to combat any

restrictive practices related to bids and contracts, bids that are suspicious will be reported to

the Competition Commission for investigation and possible imposition of administrative

penalties in terms of section 59 of the Competition Act, 1998 (Act No. ) and or may

be referred to law enforcement agencies for criminal investigation and or may be restricted

from conducting business with the state for a period not exceeding 10 years in terms of the

Prevention and Combating of Corrupt Activities Act, 2004 (Act No. ) or any other

applicable legislation.

RFP: Institutional Capability Assessment of 24

I certify that the above is correct.

I accept that the procuring institution may reject the bid or take

Appropriate action against me if this declaration is false.

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

Signature Date

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

Designation Name of bidder

RFP: Institutional Capability Assessment of 24

Sbd 6.1

Preference points claim form in terms of the preferential

Procurement regulations 2022

This preference form must form part of all bids invited. It contains general information and

serves as a claim form for preference points for specific goals.

Nb: before completing this form, bidders must study the general

Conditions, definitions and directives applicable in respect of the

Bid and preferential procurement regulations, 2022

General conditions

1.1 The following preference point systems are applicable to invitations to quote:

the 80/20 system for requirements with a Rand value of up to R1 000 000 (all

applicable taxes included).

1.2 To be completed by the organ of state

The applicable preference point system for this quotation is the 80/20 preference

point system.

a) The lowest acceptable quotation will be used to determine the accurate

system once quotations are received.

1.3 Points for this quotation (even in the case of a tender for income-generating

contracts) shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

1.5 The maximum points for this quotation are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

1.6 Failure on the part of a bidder to submit proof or documentation required in

terms of this bid to claim points for specific goals with the quotation, will be

interpreted to mean that preference points for specific goals are not claimed.

1.7 The organ of state reserves the right to request a bidder, either before a quotation

is adjudicated or at any time subsequently, to substantiate any claim in regard to

preferences, in any manner required by the organ of state.

RFP: Institutional Capability Assessment of 24

Sbd 6.1

Formulae for procurement of goods and services

2.1 Points awarded for price

2.1.1 The 80/20 preerence point systems

A maximum of 80 points is allocated for price on the following basis:

Invitation to Quote (SBD 1)
Pricing Schedule (SBD 3.3)
Bidder’s Disclosure (SBD 4)

Regulations 2022 (SBD 6.1).

Submission Checklist
General Conditions of Contract (Annexure A)
Pricing Template (Annexure B)

RFP: Institutional Capability Assessment of 28

attached to this submission signed by the duly Authorised Directors.

Capacity under which this bid is signed: ...................................................

(Proof of authority must be submitted e.g. company resolution)

Date: ...................................................

RFP: Institutional Capability Assessment of 24

Sbd 3.3

Pricing schedule

(Professional Services)

Name of bidder: ................................................................................................................. Bid NO.: RFP/SASSETA/26271102

CLOSING TIME: 11h00 CLOSING DATE: 28 September 2026

Offer to be valid for 90 days from the closing date of bid.

Part 2: Completed and signed pricing schedule (SBD 3.3)

Compliance Requirements

Source: RFP - Institutional Readiness Assessment.pdf (RFP)

1: Satisfactory should be adequate for stated element. 2: Very good, above average compliance to the requirement RFP: Institutional Capability Assessment of 28 ELEMENT FUNCTIONALITY EVALUATION FUNCTIONALITY TOTAL WEIGHT SCORE Rating Evaluation criteria out of 2 Proposed Technical approach and methodology of the company: Bidding company to provide a proposed 0 No methodology included/methodology that does not relate to methodology & technical approach which the scope of work should include: 1 Methodology and Project plan that adheres to the terms of reference and includes: ➢ Comprehensive, phase-by-phase methodology. ➢ Comprehensive, phase-by-phase methodology. ➢ Structured testing approach with specific ➢ Structured testing approach with specific tools. tools. ➢ Stakeholder engagement plan. ➢ Stakeholder engagement plan. ➢ Data quality controls. ➢ Data quality controls. 2 Methodology and Project plan that adheres to the terms of 30 ➢ Identification of project risks and reference and includes: mitigations. ➢ Ethical and security considerations. ➢ Comprehensive, phase-by-phase methodology. ➢ Be explicitly aligned to all deliverables. ➢ Structured testing approach with specific tools. ➢ Stakeholder engagement plan. (30 points) ➢ Data quality controls. ➢ Identification of project risks and mitigations. ➢ Ethical and security considerations. ➢ Explicitly aligned to all deliverables RFP: Institutional Capability Assessment of 28 Suitability of the proposed team: The lead team member /Project manager does not have a The submitted CV of the Project minimum of five (5) years’ experience within the field of IT Manager/Team Leader to demonstrate a 0 consulting management/ CV and/or Annexure B of the lead minimum of five (5) years of experience team member/Project manager not attached within the field of IT consulting. Bidders to The lead team member submitted a comprehensive CV and/or submit a comprehensive CV and/or also 1 Annexure B (CV Template) demonstrating five (5) years of 30 complete the CV template on the attached experience undertaken within the field of IT Consulting Annexure B. The lead team member submitted a comprehensive CV and/or (30 points) 2 Annexure B (CV Template) demonstrating six (6) years and/or more of experience undertaken within the field of IT Consulting Rating Evaluation criteria Suitability of the bidding Company: out of 2 The Bidding Company does not demonstrate the number of successfully implemented assignments in the records Bidding Company to demonstrate a minimum management system/The Bidding Company did not attach a of three (3) assignments in comparable ICT minimum of three (3) signed reference letters. assurance / system readiness assessments. Bidding Company demonstrated three (3) successfully implemented records management system assignments and Each assignment to be supported by a signed 1 three (3) signed reference letters on the clients’ letterhead 40 reference letter on the letterhead of previous supporting the experience are attached clients and must be relevant to this tender Bidding Company demonstrated four (4) or more successfully (40 Points) implemented records management system assignments and four (4) or more signed reference letters on the clients’ letterhead supporting the experience are attached TOTAL POINTS 100% N/B: Bidders must score a minimum of one (1) in each of the elements above. Bidders who score a zero in any of the elements will be disqualified from further evaluation. Bidders must meet minimum functionality points of 70% in order for them to be shortlisted . Bidders who score less than 70% for functionality will be eliminated from further evaluation. RFP: Institutional Capability Assessment of 28 3.2.4 Phase 4 – Price and Specific Goals

The value of this bid is estimated not to exceed R6 000 000 (all applicable taxes included) and therefore the 80/20 system shall be applicable where 80 points will be allocated to price and 20 points for Specific Goals as follows: Evaluation Criterion on Price and Specific Goals The relative competitiveness of proposed price 80 Specific Goals 20 TOTAL FOR PRICE AND PREFERENCE 100 3.2.5 ADJUDICATION OF BID

The Bid Adjudication Committee will consider the recommendations of the Bid Evaluation Committee (BEC) and make a recommendation to the Award Authority to make the final award. The successful bidder will usually be the service provider scoring the highest number of points or it may be a lower scoring bid based on firm, verifiable, and justifiable grounds or no award at all. RFP: Institutional Capability Assessment of 24 SBD1 PART A - INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR THE REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)

Points Allocation: 3 points

B-BBEE Details: ctronically via email [email protected] for the attention of Ms. Kholo Leshabana

Bidding procedure enquiries may be directed

To technical enquiries may be directed to:

CONTACT PERSON Ms. Kholo Leshabana CONTACT PERSON Ms. Kholo Leshabana

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 compliance tax

Status compliance or central supplier

SYSTEM PIN: DATABASE No: MAAA

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

Verification level sworn

CERTIFICATE Yes No AFFIDAVIT Yes No

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

Submitted in order to qualify for preference points for b-bbee]

Are you the are you a

Accredited foreign based

REPRESENTATIVE IN Yes No SUPPLIER FOR THE Yes No

South africa for the goods /services

Goods /services [if yes enclose proof] /works offered? [If yes, answer part b:3 ]

/Works offered?

Questionnaire to 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

RFP: Institutional Capability Assessment of 24

Part b

Terms and conditions for bidding

Bid sub

Contractual Terms

Source: RFP - Institutional Readiness Assessment.pdf

(RFP/SASSETA/26271102)

ATTENTION: Ms. Kholo Leshabane

The email address ([email protected]) is for the submission of tender

proposals only and will be accessed by SASSETA after the tender closing date and time.

Queries related to this tender are to be sent to [email protected].

NB: The SASSETA logo and other intellectual property rights are owned by SASSETA

and are protected by applicable intellectual property laws. Unless authorized in

writing, you are prohibited from using the SASSETA logo or any of its intellectual

property in any manner whatsoever. Any unauthorized use of the SASSETA Logo may

result in legal action.

RFP: Institutional Capability Assessment of 28

➢ Review of Business Requirements and Functional

Requirements documentation;

➢ Verification of alignment between approved

requirements and delivered system functionality;

➢ Identification of gaps, deviations, or deferred

requirements;

➢ Assessment of system usability, technical performance,

and operational fitness;

➢ Evaluation of system alignment with existing business

processes and identification of required process

changes;

➢ Identification of deployment risks, constraints, and

remediation actions

2.3.1.1.1.2 Technical Performance and Practical Usability

Assessment

➢ Assess system functionality, reliability, workflows and

performance under realistic usage scenarios and

projected user loads.

➢ Evaluate practical usability from the end-user

perspective across defined user groups and roles.

➢ Identify technical defects, performance bottlenecks,

and usability constraints that may materially affect

processes.

➢ Assess user interface suitability relative to

organisational digital literacy levels, including

accessibility and ease-of-use considerations where

applicable.

RFP: Institutional Capability Assessment of 28

2.3.1.1.2 Phase 2: Enterprise ICT Infrastructure Readiness

team members proposed for this assignment as well as the roles of the

various team members in relation to the scope of work.

2.3 Timeframes for delivery of the work

2.3.1 The assignment will be for a period of three years from the date of

appointment.

2.4 Pricing

2.4.1 Service Providers are requested to provide an all-inclusive price on SBD

3.3 of this tender.

2.5 Accountability and reporting

2.5.1 The service provider will report directly to the Office of the CEO for the

duration of the assignment.

2.6 Submission of the general conditions of contract (gcc)

2.6.1 Bidders are requested to initial each page of the General Conditions of

Contract (GCC) (Annexure A) and submit their response to this Request

for Quotations. The GCC will form part of the contract with the

successful Bidder.

2.7 Intellectual property

2.7.1 The service provider will be contracting with SASSETA. All data of this

project, in whatever format raw or analyzed, will be confidential

information for utilisation by SASSETA. All information and documents

received from SASSETA is to be kept confidential and may not be used

or distributed in any format without the written approval of SASSETA.

3.1 Name of company/firm...............................................................................

3.2 Company registration number: .....................................................................

3.3 Type of company/ firm

3.3.1 Partnership/Joint Venture / Consortium

3.3.2 One-person business/sole propriety

3.3.3 Close corporation

3.3.4 Public Company

3.3.5 Personal Liability Company

3.3.6 (Pty) Limited

3.3.7 Non-Profit Company

3.3.8 State-Owned Company [TICK APPLICABLE BOX]

3.4 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

quotation, qualifies 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 as a result 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 correct;

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

of the conditions of 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 bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct;

as a result of having to make less favourable arrangements due to

such cancellation;

(d) recommend that the bidder 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.

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

Signature(s) of bidder(s)

Surname and name: ..............................................................

Date: ...............................................................

Address: ...............................................................

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

RFP: Institutional Capability Assessment of 28

NB: The SASSETA logo and other intellectual property rights are owned by SASSETA and

are protected by applicable intellectual property laws. Unless authorized in writing, you are

prohibited from using the SASSETA logo or any of its intellectual property in any manner

whatsoever. Any unauthorized use of the SASSETA Logo may result in legal action.

RFP: Institutional Capability Assessment of 28

DocumentAnnexure A GCC.pdfReview complete

Submission Guidelines

Source: Annexure A GCC.pdf (TENDER)

Submit your bid before the closing date and time. The bid must be completed and signed. No late, telegraphic, telephonic, telexed, faxed or e-mailed bids will be accepted. Bids must be delivered to the correct address. The bidder must submit a valid tax clearance certificate (original issued by SARS) prior to award. The bid must remain valid for the period specified in the bidding documents. Any bid that does not comply with the mandatory requirements may be disqualified.

Evaluation Criteria

Source: Annexure A GCC.pdf (TENDER)

No evaluation criteria specified in the available document.

Technical Specifications

Source: Annexure A GCC.pdf (TENDER)

provisions

in the SCC shall prevail.

Table of clauses

Definitions
Application
General
Standards
Use of contract documents and information; inspection
Patent rights
Performance security
Inspections, tests and analysis
Packing
Delivery and documents
Insurance
Transportation
Incidental services

Compliance Requirements

Source: Annexure A GCC.pdf (TENDER)

No specific requirements found

Contractual Terms

Source: Annexure A GCC.pdf

Payment
Prices
Contract amendments
Assignment
Subcontracts
Delays in the supplier’s performance
Penalties
Termination for default
Dumping and countervailing duties
Force Majeure
Termination for insolvency
Settlement of disputes
Limitation of liability
Governing language
Applicable law
Notices
Taxes and duties
National Industrial Participation Programme (NIPP)
Prohibition of restrictive practices

General Conditions of Contract

Definitions 1. 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 any thing 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 subsidized 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 recognized 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 of 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 consignees 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 market its goods

on own initiative in the RSA at lower prices than that of 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 is 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 in order to

influence a procurement process or the execution of a contract to the

detriment of any bidder, and includes collusive practice among bidders

(prior to 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.

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 which is not

included in the imported content provided that local manufacture does

take 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 organization 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 those 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.

Application 2.1 These general conditions are applicable 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 are in conflict with these

general conditions, the special conditions shall apply.

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 fee for

documents 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

Standards 4.1 The goods supplied shall conform to the standards mentioned in the

bidding documents and specifications.

Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,

contract disclose the contract, or any provision thereof, or any specification,

documents plan, drawing, pattern, sample, or information furnished by or on

and behalf of the purchaser in connection therewith, to any person other

information; than a person employed by the supplier in the performance of the

inspection.

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.

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.

Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

security 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.

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

tests and

analyses 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 organization 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.

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

analyzed 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.

Failing such removal the rejected supplies shall be returned at the

suppliers 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.

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 points in transit.

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.

Delivery 10.1 Delivery of the goods shall be made by the supplier in accordance with

and documents the terms specified in the contract. The details of shipping and/or other

documents to be furnished by the supplier are specified in SCC.

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

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.

Transportation 12.1 Should a price other than an all-inclusive delivered price be required,

this shall be specified in the SCC.

Incidental 13.1 The supplier may be required to provide any or all of the following

services services, including additional services, if any, specified in 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;

for each appropriate unit of the supplied goods;

(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.

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 pertaining to

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:

(i) Advance notification to the purchaser of the pending

termination, in sufficient time to permit the purchaser to

procure needed requirements; and

(ii) following such termination, furnishing at no cost to the

purchaser, the blueprints, drawings, and specifications of the

spare parts, if requested.

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. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from

design, materials, or workmanship (except when the design and/or

material is required by the purchaser’s specifications) or from any act

or omission of the supplier, that may develop under normal use of the

supplied goods in the conditions prevailing in the country of final

destination.

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 costs 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.

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 and upon fulfillment of other obligations

stipulated in the contract.

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.

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, with the exception of any price adjustments

authorized in SCC or in the purchaser’s request for bid validity

extension, as the case may be.

Contract 18.1 No variation in or modification of the terms of the contract shall be

amendments made except by written amendment signed by the parties concerned.

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.

Subcontracts 20.1 The supplier shall notify the purchaser in writing of all subcontracts

awarded under this contracts 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.

Delays in the 21.1 Delivery of the goods and performance of services shall be made by

supplier’s the supplier in accordance with the time schedule prescribed by the

performance 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 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 a 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 canceling 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, 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.

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.

Termination 23.1 The purchaser, without prejudice to any other remedy for breach of

for default contract, by written notice of default sent to the supplier, may

terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within

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

extension thereof granted by the purchaser pursuant to GCC

Clause 21.2;

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

the contract; or

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,

and the supplier shall be liable to the purchaser for any excess costs for

such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

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 imposing a restriction on 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 against 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 be applicable to any other enterprise or any partner, manager,

director or other person who wholly or partly exercises or exercised or

may exercise control over the enterprise of the first-mentioned person,

and with which enterprise or person the first-mentioned person, is or was

in the opinion of the Accounting Officer / 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.

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.

Anti-dumping 24.1 When, after the date of bid, provisional payments are required, or antiand countervailing dumping or countervailing duties are imposed, or the amount of a

duties and rights provisional payment or anti-dumping or countervailing right is

increased in respect of any dumped or subsidized 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 in regard to 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

Force 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the

Majeure supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in

performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

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.

Termination 26.1 The purchaser may at any time terminate the contract by giving written

for insolvency 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.

Settlement of 27.1 If any dispute or difference of any kind whatsoever arises between the

Disputes 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.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute

or difference by such mutual consultation, then either the purchaser or

the supplier may give notice to the other party of his intention to

commence with mediation. No mediation in respect of this matter may

be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it

may be settled in a South African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules

of procedure specified in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings

herein,

(a) the parties shall continue to perform their respective obligations

under the contract unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier.

Limitation of 28.1 Except in cases of criminal negligence or willful misconduct, and in

liability

the case of infringement pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in

contract, tort, or otherwise, for any indirect or consequential loss

or damage, loss of use, loss of production, or loss of profits or

interest costs, provided that this exclusion shall not apply to any

obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether

under the contract, in tort or otherwise, shall not exceed the total

contract price, provided that this limitation shall not apply to the

cost of repairing or replacing defective equipment.

Governing 29.1 The contract shall be written in English. All correspondence and other

language documents pertaining to the contract that is exchanged by the parties

shall also be written in English.

Applicable 30.1 The contract shall be interpreted in accordance with South African

law laws, unless otherwise specified in SCC.

Notices 31.1 Every written acceptance of a bid shall be posted to the supplier

concerned by registered or certified mail and any other notice to him

shall be posted by ordinary mail to the address furnished in his bid or

to the address notified later by him in writing and such posting shall be

deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act

after such aforesaid notice has been given, shall be reckoned from the

date of posting of such notice.

Taxes and 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp

duties duties, license fees, and other such levies imposed outside the

purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties,

license fees, etc., incurred until delivery of the contracted goods to

the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are

not in order. Prior to the award of a bid the Department must be in

possession of a tax clearance certificate, submitted by the bidder.

This certificate must be an original issued by the South African

Revenue Services.

National 33.1 The NIP Programme administered by the Department of Trade and

Industrial Industry shall be applicable to all contracts that are subject to the

Participation (NIP) NIP obligation.

Programme

34 Prohibition of

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 ofRestrictive practices

1998, as amended, an agreement between, or concerted practice by,

firms, or a decision by an association of firms, is prohibited if it is

between parties in a horizontal relationship and if a bidder (s) is / are

or a contractor(s) was / were involved in collusive bidding (or bid

rigging).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or

evidence obtained by the purchaser, has / have engaged in the

restrictive practice referred to above, the purchaser may refer the

matter to the Competition Commission for investigation and possible

imposition of administrative penalties as contemplated in the

Competition Act No. .

34.3 If a bidder(s) or contractor(s), has / have been found guilty by the

Competition Commission of the restrictive practice referred to

above, the purchaser may, in addition and without prejudice to any

other remedy provided for, invalidate the bid(s) for such item(s)

offered, and / or terminate the contract in whole or part, and / or

restrict the bidder(s) or contractor(s) from conducting business with

the public sector for a period not exceeding ten (10) years and / or

claim damages from the bidder(s) or contractor(s) concerned.

Js General Conditions of Contract (revised July 2010)

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.

obtained directly from the Government Printer, Private Bag X85,

Pretoria 0001, or accessed electronically from www.treasury.gov.za

Standards 4.1 The goods supplied shall conform to the standards mentioned in the

bidding documents and specifications.

Use of 5.1 The supplier shall not, without the purchaser’s prior written consent,

contract disclose the contract, or any provision thereof, or any specification,

documents plan, drawing, pattern, sample, or information furnished by or on

and behalf of the purchaser in connection therewith, to any person other

information; than a person employed by the supplier in the performance of the

inspection.

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.

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.

Performance 7.1 Within thirty (30) days of receipt of the notification of contract award,

security 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.

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