Supply, delivery, installation, commissioning and maintenance of medical equipment – eastern cape department of health

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A virtual non-compulsory Bid Briefing session will be held on the 16 September 2026 at 14h00. The link for the briefing session is provided in the tender document. Prospective Bidders are invited to the bid briefing session.

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Returnable Documents: immediate disqualification., must be completed, duly signed and submitted with the bid. Qualification certificate/s must be attached and, 22.4.4 Bidders are required to complete the preference claim form (SBD 6.1) and submit their Specific Goals status level

Bidders must submit the following returnable documents: Part G – Form No.3 (Bid form of offer), Part G – Form No.4 (Declaration of Interest, SBD 4), Part G – Form No.7 (Personnel Strength Assessment Form), Part G – Form No.8 (Joint Venture Disclosure form, if applicable), Part G – Form No.9 (Preference Points Claim Form, SBD 6.1), Part G – Form No.10 (Contractual Agreement), Part H – Schedule D (Equipment Specifications), Part H – Schedule E (Pricing Schedule). Personnel experience records or resumes and certification must be submitted. Proof of address must be submitted to validate accessibility of services offered.

No eligibility criteria specified

1.1 The Eastern Cape Department of Health has pursued the services of qualified service providers and or contractors

for the supply and delivery A DICOM DRY IMAGING PRINTER WITH DRY LASER PRINTING

TECHNIONOLOGY in various health districts in the Eastern Cape Department of Health. It is intended that this

intervention will be applied throughout the Province of the Eastern Cape benefitting new and existing public Health

Facilities in all 8 health/ municipal districts, for which this invitation for tender covers.

1.2 The objective of this programme is to establish the required contracts for supply, commissioning and maintenance of

health technology and equipment, thus contributing to an improved delivery of health services to the population. The

programme purpose is to strengthen quality of health services in public health facilities in the province.

2. Legislative and regulatory framework

2.1 This bid and all contracts emanating from there shall be subject to the General Conditions of Contract (GCC)

issued in accordance with Treasury Regulation 16A published in terms of the Public Finance Management Act,

1999 (Act ). The Special Conditions of Contract (SCC) are Supplementary to that of the General

Conditions of Contract. Where the Special Conditions of Contract are in conflict with the General Conditions of

Contract, the Special Conditions of Contract prevail as recorded by Clause 2 in the General Conditions of

Contract.

2.2 The bid and all contracts emanating there from shall be governed within boundaries of South African laws.

3.1 The services through the Service Providers/Contractor shall cover supply and delivery of A DICOM DRY

IMAGING PRINTER WITH DRY LASER PRINTING TECHNIONOLOGY for various health facilities. In addition to

these services the Service Provider/Contractor will be responsible for the supply of spare parts, as required.

4. Cost of bidding

4.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Management

Division will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the

bidding process.

5. Contents of bidding documents

5.1 The Equipment and Services required, bidding procedures and Contract terms are prescribed in the Tender

Documents. The Tender Documents include:

Part A: Bid Notice

Part B: Instructions to Bidders

Part C: Bid Strategy

Part D: Special Conditions of the Contract

Part E: Commissioning Service Obligations

Part F: Maintenance Service Obligations

Part G: Returnable Forms

Form No.1: Authorisation to Sign

Form No.3: Summary Form of Offer

Form No.4: Declaration of Interests (SBD 4)

Form No.7: Personnel Strength Assessment Form

Form No.8: Joint Venture Disclosure Form

Form No.9: Preference Points Claim Form (SBD 6.1)

Form No.10: Contractual Agreement

Part H: Returnable Schedules

Schedule A: Functionality Evaluation Criteria

Schedule B: Contractor Response Times

Schedule C: Proposed Fees for Personnel

Schedule D: Equipment Specifications

Schedule E: Pricing Schedules

5.2 All Bidders are required to submit these documents, via E-Tender Portal

5.3 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Tender Documents.

Failure to furnish all information required by the Tender Documents or submission of a bid not substantially

responsive to the Tender Documents in every respect will be at the Bidder's risk and may result in rejection of

its Bid.

5.4 The detailed scope of services for the Contractor is described under Part E, F, G, and H which will be an integral

part of the Contract.

6. Clarification of documents

6.1 Any Bidder requiring any clarification of the Tender Document may notify the Purchaser in writing at the mailing

address as indicated in the Notice. The Purchaser will respond in writing to any request for clarification received no

later than 5 days after the compulsory briefing or information sharing meeting. Written copies of the

Purchaser's response (including an explanation of the query but without identifying the source of inquiry) will be

sent to all prospective Bidders who have attended the compulsory briefing or information sharing meeting.

6.2 A non-compulsory bid briefing session will be held as per date and time specified on the bid notice with a view

to provide an opportunity to the Bidders to interact in person with the Purchaser so that the price schedule and

other information are correctly filled in and also to ensure that the submitted bids become responsive. All

prospective Bidders are invited to the bid briefing session.

7. Amendment of tender documents

7.1 At any time prior to the deadline for submission of Bids, the Purchaser may, for any reason, whether at his own

initiative or in response to a clarification requested by a prospective Bidder, modify the Tender Documents by

amendment.

7.2 The amendment shall be notified in writing or fax to all Bidders who have attended the compulsory briefing session

and who have received the tender documents. The amendment shall take precedence and shall be binding.

7.3 In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing

their bids, the Purchaser may, at his discretion, extend the deadline for the submission of bids.

8. Language of bids, units of measurement

8.1 The bid prepared by the Bidder and all correspondence and documents relating to the bid, exchanged by the

Bidder and the Purchaser, shall be written in the English language. Supporting documents and printed literature

furnished by the Bidder may be written in another language, provided that they are accompanied by accurate

translation of its pertinent passages. For purposes of interpretation of the bid, the English translation shall govern

in such case.

8.2 The units of measurement of the international metric system should apply and be

used in the bids.

9. Documents comprising the bid

9.1 The bid prepared and submitted by the Bidder must comprise all the documents listed under Clause 5.1 and

including all required supporting information and evidence.

10. Bid forms

10.1 The Bidder must complete and sign the Bid Forms furnished in the Tender Documents. Failure to sign the bid forms

will invalidate the bid.

11. Consortiums and joint ventures

11.1 In response to this invitation to bid, bidders are permitted to form Consortiums/Joint Ventures. Bidders bidding as

JV/Consortium must complete in full and sign the returnable Joint Venture Disclosure form (Part G – Form No.8).

11.2 The Consortium must submit a “Letter of Intent” to enter into a Joint Venture and/or a Joint Venture agreement

signed by all Consortium/JV partners.

11.3 The agreement shall be legally binding on all consortium members and must clearly stipulate the contract terms

and conditions.

11.4 The Consortium/Joint Venture shall nominate and appoint a member authorized to be the lead partner and this

authorization shall be included in the agreement entered into between the consortium members;

11.5 The Consortium/Joint Venture shall appoint lead member who shall be the only authorized party to make legal

statements, communicate with the Employer and/or any duly appointed representative, and receive instructions

for and on behalf of any and all the members of the consortium;

11.6 The letter of intent and/or copy of the agreement entered into by the consortium members shall be submitted with

the bid. Failure to submit the agreement shall disqualify the bid.

12. Period of validity

12.1 Validity period for the bid is Ninenty days (90) days from the date of closing of the Bid. Bid validity for a shorter

period shall be rejected by the Employer as non-responsive.

12.2 In exceptional circumstances, the Employer may solicit the Bidder's consent to an extension of the period of

validity. The request and the responses thereto shall be made in writing or by fax. A Bidder granting the request will

not be required nor permitted to modify his Bid.

13. Response fields

13.1 Bidders are required to submit responsive bids by completing all the prices, mandatory response fields and item

questionnaires on the provided pricing schedule for the individual items. In this regard bidder’s attention is drawn to

the response field and price structure explanations and examples supplied in the bid document.

13.2 In the event that any returnable form or certificate provided in Part G of this invitation to bid does not have adequate

space for the bidder to provide the requested details, the bidder should attach an annexure to such form or

certificate on which the requested details should be provided and the bidder should refer to such annexure in the

form or certificate provided.

13.3 Non-compliance with this condition will invalidate the bid for the item(s) concerned.

14. Submission of bids

14.1 All Tender Documents must be submitted online to the government electronic portal and date/time specified in the

Invitation for Bid.

15. Deadline for submission of bids

15.1 Bids must be received by the Purchaser at the date/time specified in the Invitation to Bid.

15.2 The Purchaser may, at his discretion, extend this deadline for the submission of bids by amending the Tender

Documents in which case all rights and obligations of the Purchaser and Bidders previously subjected to the

deadline will thereafter be subject to the deadline as extended.

16. Counter conditions

16.1 Amendments to any of the Bid Conditions or setting of counter conditions by Bidders shall invalidate the bid

rendering it non-responsive and therefore may be disqualified.

17. Fronting

17.1 The Purchaser supports broad based black empowerment and recognizes that true empowerment can be

achieved through individuals and businesses conducting themselves in line with the country’s Constitution and in

an honest fair, equitable, transparent, and legal manner. Against this background, the Purchaser condemns any

form of fronting.

17.2 The Purchaser, in ensuring that bidders conduct themselves in an honest manner will, as part of the bid evaluation

processes, conduct or initiate the necessary enquiries/investigations to determine the accuracy of the

representation made in bid documents. Should any of the fronting indicators as contained in the Guidelines on

Complex Structures and Transactions and Fronting, issued by the Department of Trade and Industry, be

established during such enquiry/investigation, the onus will be on the bidder/contractor to prove that fronting does not

exist. Failure to do so within a period of 14 days from date of notification may invalidate the bid / contract and may

also result in the restriction of the bidder/contractor to conduct business with the public sector for a period not

exceeding ten years, in addition to any other remedies the Purchaser may have against the bidder/contractor

concerned.

18. Modification and withdrawal of bids

18.1 The Bidder may modify or withdraw his/her Bid after the Bid's submission, provided that written notice of the

modification or withdrawal is received by the Purchaser prior to the deadline prescribed for submission of Bids.

18.2 The Bidder's modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with

the provisions of Clause 14 of the Instructions to Bidders. A withdrawal notice may also be sent by fax but

followed by a signed confirmation copy, post marked not later than the deadline for submission of Bids.

18.3 No Bid may be modified subsequent to the deadline for submission of Bids.

18.4 No Bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the

period of bid validity specified in this bid.

19. Bid opening and publication

19.1 The online system will close the electronic submission of Bids at the date and time specified in the Instructions to

Bidders. Following the closing of the Bid, the Purchaser will download all Bids received through the prescribed

electronic procurement system. The Bids received will thereafter be processed in accordance with the applicable

procurement procedures, and the Bidders list will be published on the National Treasury eTender Publication Portal

within 10 (ten) days after the Bid closing date.

20. Clarification of bids

20.1 To assist in the examination, evaluation and comparison of bids the Purchaser may, at his discretion, ask the

Bidder for a clarification of his bid. The request for clarification and the response shall be in writing and no change

in the price or substance of the bid shall be sought, offered or permitted.

21. Preliminary examination

21.1 The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have

been made, whether the documents have been properly signed, and whether the bids are generally in order.

21.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total

price that is obtained by multiplying/adding the unit price and quantity, the unit price shall prevail and the total price

shall be corrected. If the Bidder does not accept the correction of the errors, his bid will be rejected. If there is a

discrepancy between words and figures the amount in words will prevail.

21.3 The Purchaser may waive any minor informality or non-conformity or irregularity in a bid which does not constitute a

material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder.

21.4 Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness of each Bid to the

Tender Documents. For purposes of these Clauses, a substantially responsive bid is one which conforms to all

the terms and conditions of the Tender Documents without material deviations and offers all equipment items.

Deviations from or objections or reservations to critical provisions will be deemed to be a material deviation. The

Purchaser's determination of a bid's responsiveness is to be based on the contents of the bid itself without remedy

to extrinsic evidence.

21.5 A bid determined as not substantially responsive will be rejected by the Purchaser and may not subsequently be

made responsive by the Bidder by correction of the nonconformity.

commissioning and maintenance services. The returnable personnel strength assessment form (Part G – Form No.7)

must be completed, duly signed and submitted with the bid. Qualification certificate/s must be attached and

submitted with the bid as proof. Personnel experience records or resumes and certification must be submitted

together with minimum (3) contactable references.

22.3.4 Accessibility and Service Support (AS)

health facilities throughout the Province of the Eastern Cape. The overall objective of the programme is to strengthen health

service delivery and improve service quality in all health facilities. The programme is split into two sub-

programmes: sub-programme 1: Medical equipment supply, delivery and acceptance, installation, testing and

commissioning, training (use and maintenance), and handing over. Sub-programme 2: Providing maintenance and

application support services.

3. The two (2) sub-programmes aim to improve suitability, availability, utilization, safety and functionality of medical

equipment and related incidental services in Public Health Facilities (hereinafter called the Final Beneficiary) of the

25.1 The department reserves the right to conduct supplier due diligence prior to award of the contract or at any time

during the contract period. This may include site visits to service points and business premise inspections.

Part A: Bid Notice

Part B: Instructions to Bidders

Part C: Bid Strategy

Part D: Special Conditions of the Contract

Part E: Commissioning Service Obligations

Part F: Maintenance Service Obligations

Part G: Returnable Forms

Form No.1: Authorisation to Sign

Form No.3: Summary Form of Offer

Form No.4: Declaration of Interests (SBD 4)

Form No.7: Personnel Strength Assessment Form

Form No.8: Joint Venture Disclosure Form

Form No.9: Preference Points Claim Form (SBD 6.1)

Form No.10: Contractual Agreement

Part H: Returnable Schedules

Schedule A: Functionality Evaluation Criteria

Schedule B: Contractor Response Times

Schedule C: Proposed Fees for Personnel

Schedule D: Equipment Specifications

Schedule E: Pricing Schedules

5.2 All Bidders are required to submit these documents, via E-Tender Portal

5.3 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Tender Documents.

6.1 Any Bidder requiring any clarification of the Tender Document may notify the Purchaser in writing at the mailing

address as indicated in the Notice. The Purchaser will respond in writing to any request for clarification received no

later than 5 days after the compulsory briefing or information sharing meeting. Written copies of the

Purchaser's response (including an explanation of the query but without identifying the source of inquiry) will be

sent to all prospective Bidders who have attended the compulsory briefing or information sharing meeting.

6.2 A non-compulsory bid briefing session will be held as per date and time specified on the bid notice with a view

to provide an opportunity to the Bidders to interact in person with the Purchaser so that the price schedule and

other information are correctly filled in and also to ensure that the submitted bids become responsive. All

prospective Bidders are invited to the bid briefing session.

13.1 Bidders are required to submit responsive bids by completing all the prices, mandatory response fields and item

questionnaires on the provided pricing schedule for the individual items. In this regard bidder’s attention is drawn to

the response field and price structure explanations and examples supplied in the bid document.

13.2 In the event that any returnable form or certificate provided in Part G of this invitation to bid does not have adequate

space for the bidder to provide the requested details, the bidder should attach an annexure to such form or

certificate on which the requested details should be provided and the bidder should refer to such annexure in the

form or certificate provided.

13.3 Non-compliance with this condition will invalidate the bid for the item(s) concerned.

bid. Bidders must reference responses to specifications correctly using the manufacturer brochures and

specifications submitted with the bid.

22.2.4 Pricing Schedules

Bidders must complete in full, initial and duly sign the returnable pricing schedules (Part H - Schedule E) and

submit together with the bid. Failure to complete all fields in the pricing schedules may lead to bid disqualification.

Comments such as “Included” are unacceptable and will result in bidders disqualification.

22.2.5 Authorization Letter from the Original Equipment Manufacturer or Distributor

A signed letter from the registered manufacturer (on the Manufacturer letterhead) supporting and underwriting the

vendor as an accredited and certificated vendor in South Africa for safe distribution, service and maintenance.

22.3 Stage 3: functionality evaluation

22.3.1 The functionality evaluation will be conducted in terms of the evaluative dimensions set-out hereunder and criteria

detailed in Part H – Schedule A; where bidders must score a minimum threshold of Fifty (50) out of the possible

Seventy (70) points to qualify for stage 3 (Specific Goals). Bidders who fail to meet the minimum threshold will be

disqualified.

22.3.2 Technical Specifications (TS)

pricing schedule. All equipment being tendered for must comply with specification requirements, failure to comply

with any of the conditions set out in returnable Equipment Specifications (Part H – Schedule D) and Pricing

Schedules (Part H – Schedule E) will result in bid disqualification. Please note that where the specification calls

for “certification”, this certification must accompany the bid, failure to provide such certification will result in

immediate disqualification.

22.3.3 Maintainability and Serviceability (MS)

23.1 The bidder must complete in FULL price details for the Goods and or Services on the Pricing Schedule form/s

attached as Part H – Schedule E which completed form/s must be submitted together with the bid documents.

23.8 Prices in the pricing schedule of the Contract shall differentiate between foreign and local pricing and shall

indicate/substantiate the base rate of exchange (ROE) used to convert the foreign portion to South African

currency. Any increase or reduction in the relevant amount as a result of any fluctuation in the rate of exchange or

revaluation of currencies shall, irrespective of whether the price is firm or not, be subject to the following

conditions:

23.9 Fluctuations between contract pricing schedule rates and quotes: Will be fully exposed to ROE adjustments with the

rates at 12:00 on the date of the advertisement.

23.10 Fluctuations between quote date and order date: The order amount in South African currency will be placed on the

Supplier less, or plus, an amount reflecting any change in the exchange rate exceeding 5% (tolerance rate)

compared to the quoted rate, determined at average buy and sell spot rate on quote date based on the South African

Reserve Bank rates. In the event where the actual spot rate differs by more than 5% from the quote rate on the

date of the order, the supplier may request an updated quote (if more) or the Department may request an updated rate

(if less).

23.11 Fluctuations between order date and invoice settlement date: Any further fluctuation in the ROE and the cost of taking

forward cover, which may occur between the purchaser order and the date of the invoice settlement, shall be

absorbed by the Supplier.

23.12 Any request for price changes or rate of exchange variation shall be supported by documentary evidence, in the form

of proof of the applicable rates on the applicable dates, by providing printouts of the South African Reserve Bank

rates

23.13 Applications for price adjustments must be submitted in a formal letter listing the items applicable to the

adjustment and accompanied by documentary evidence in support of any adjustment claim.

Tax compliance

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS website

Tcs pin is available but the bidder is registered on the central supplier database (csd), a

Csd number

Csd number must be provided

Central supplier database (csd), a

Central Supplier Database

Joint Venture agreement

Joint Venture Agreement (where applicable)

Joint Venture agreement” signed by all JV partners with the bid

22.1.2 Central Supplier Database

A proof of registration to CSD must be provided with an updated compliant tax status. For Bidders bidding as

a Consortia / Joint Ventures / Sub-contractor, each party in the JV must submit a separate CSD.

Bidders are required to complete the preference claim form (SBD 6.1) and submit supporting documents to

22.4.4 Bidders are required to complete the preference claim form (SBD 6.1) and submit their Specific Goals statu

11.2 The Consortium must submit a “Letter of Intent” to enter into a Joint Venture and/or a Joint Venture agreement

2. Tax compliance requirements

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS website

Separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier database (csd), a

Csd number must be provided.

iate disqualification.

must be completed, duly signed and submitted with the bid. Qualification certificate/s must be attached and

Supplier tax compliance

Compliance system pin: or central supplier

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax compliance

B-BBEE Minimum Level: 20

Points Allocation: 80 points

B-BBEE Details: by correction of the nonconformity.

22. Evaluation criteria

22.1 Stage 1: administrative requirements

22.1.1 Bidder(s) responses will be evaluated based on the mandatory requirements indicated hereunder. This phase is

not scored points and bidders who fail to comply with one or more of the mandatory requirements below will

be disqualified.

22.1.2 Central Supplier Database

A proof of registration to CSD must be provided with an updated compliant tax status. For Bidders bidding as

a Consortia / Joint Ventures / Sub-contractor, each party in the JV must submit a separate CSD.

22.1.3 Specific Goals

Bidders are required to complete the preference claim form (SBD 6.1) and submit supporting documents to

support their claim for specific goals. For Bidders bidding as a Consortia / Joint Ventures / Sub-contractor,

consolidated specific goals for the JV must be submitted. Failure to submit supporting documents for specific

goals claimed will be interpreted to mean that specific goals points contribution are not claimed.

22.1.4 Consortia / Joint Venture Agreement (where applicable)

Bidders bidding as a Consortia / Joint Ventures with a Sub-contractor must submit a “Letter of Intent” and or

“Joint Venture agreement” signed by all JV partners with the bid. The JV partners must complete and sign the

Joint Venture Disclosure Form (Part G – Form No.8).

22.1.5 Declaration of Interests (SBD 4)

Bidders must complete in full and duly sign returnable forms for declaration of interest (Part G - Form No.4)

and submit with the bid.

22.1.6 Non-Compulsory Briefing Session

Bidders can attend the non-compulsory briefing session and complete the attendance register.

22.2 Stage 2: mandatory requirements

22.2. .1 Summary Form of Offer

Bidders must complete in full an

2.1 This bid and all contracts emanating from there shall be subject to the General Conditions of Contract (GCC)

issued in accordance with Treasury Regulation 16A published in terms of the Public Finance Management Act,

1999 (Act ). The Special Conditions of Contract (SCC) are Supplementary to that of the General

furnished by the Bidder may be written in another language, provided that they are accompanied by accurate

translation of its pertinent passages. For purposes of interpretation of the bid, the English translation shall govern

in such case.

8.2 The units of measurement of the international metric system should apply and be

used in the bids.

10.1 The Bidder must complete and sign the Bid Forms furnished in the Tender Documents. Failure to sign the bid forms

will invalidate the bid.

established during such enquiry/investigation, the onus will be on the bidder/contractor to prove that fronting does not

exist. Failure to do so within a period of 14 days from date of notification may invalidate the bid / contract and may

also result in the restriction of the bidder/contractor to conduct business with the public sector for a period not

exceeding ten years, in addition to any other remedies the Purchaser may have against the bidder/contractor

concerned.

electronic procurement system. The Bids received will thereafter be processed in accordance with the applicable

procurement procedures, and the Bidders list will be published on the National Treasury eTender Publication Portal

within 10 (ten) days after the Bid closing date.

impact on a community or are located in a community or may benefit a community. Notable examples are large industrial

projects, mining and tourism. Other instances, which do assist in broadening the shareholder base, are employee share

ownership schemes; these are a viable empowerment shareholder option. In this and other circumstances, these

arrangements should not detract from the ability of the shareholder to exercise significant influence or control over the

operations of the business.

1.19 “Comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be

utilized have been taken into consideration.

1.20 “Consortium or joint venture” means an association of persons for the purpose of combining their expertise, property,

capital, efforts, skills and knowledge in an activity for the execution of a contract.

1.21 "Contract" means the agreement entered into between the Purchaser and the Supplier/Maintenance Contractor, as

recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents

incorporated by reference therein;

1.22 "Contractor" means the Service Provider individual or firms providing Maintenance and Services under this Contract;

1.23 "Contract Fees" means the fee payable to the Supplier/Maintenance Contractor under the Contract for the full and

proper performance of his contractual obligations;

1.24 “Contracted service” SERVICE provided under contract by a contractor or sub-contractor.

1.25 “Control” means the possession and exercise of legal authority and power to manage the assets, goodwill and daily

operations of a business and the active and continuous exercise of appropriate managerial authority and power in

determining the policies and directing the operations of the business.

1.26 “Corrective maintenance” A process used to restore the physical integrity, safety and/or performance of a device after a

failure. Corrective maintenance and unscheduled maintenance are regarded as equivalent to the term repair. This

contract uses these terms interchangeably.

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

public official in the procurement process or in contract execution.

1.28 “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.

1.29 “Day” means calendar day;

1.30 “Delivery” means delivery in compliance with the conditions of the contract or order;

1.31 “Delivery ex stock” means immediate delivery directly from stock actually on hand;

1.32 “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.

1.33 “Disability” means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory function,

which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered

normal for a human being.

1.34 “Downtime” the time that a device is not available for clinical use because of the need to perform activities such as

Note that it is typically calculated only over a specified “use period.” A use period is based on when a device is

scheduled to be available for clinical use or when a contract’s terms specify that a device will be available. For

instance in this contract, the use period is 24 hours a day for 365 days a year, or for 52 weeks a year.

1.35 "Dumping" occurs when a private enterprise abroad markets 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.

1.36 “ECRI” formerly known as Emergency Care Research Institute.

1.37 “Effective Date” means the date of execution of this Agreement based on the Notification of Award by the

Part a: bid notice .................................................................................................................................... 10

Part b: instructions to bidders ............................................................................................................. 11

1. Background ............................................................................................................................ 11

2. Legislative and regulatory framework .................................................................................... 11

3. Scope of services ........................................................................................................................ 11

4. Cost of bidding ............................................................................................................................. 11

5. Contents of bidding documents .................................................................................................. 11

6. Clarification of documents ........................................................................................................ 12

7. Amendment of tender documents ............................................................................................... 12

8. Language of bids, units of measurement ................................................................................... 13

9. Documents comprising the bid ................................................................................................... 13

10. Bid forms .................................................................................................................................... 13

11. Consortiums and joint ventures ............................................................................................... 13

12. Period of validity ........................................................................................................................ 14

13. Response fields ......................................................................................................................... 14

14. Submission of bids ....................................................................................................................... 14

15. Deadline for submission of bids ................................................................................................ 14

16. LATE BIDS............................................................................................ Error! Bookmark not defined.

17. Counter conditions ................................................................................................................. 14

18. Fronting ................................................................................................................................... 14

19. Modification and withdrawal of bids ......................................................................................... 15

20. Opening of bids by purchaser .....................................................................................................15

21. CLARIFICATION OF BIDS.......................................................................... Error! Bookmark not defined.

22. Preliminary examination ......................................................................................................... 16

23. Evaluation criteria ................................................................................................................... 16

33 contract pricing and adjustments ............................................................................................. 21

34 declaration of interests ........................................................................................................... 23

35 bidder due diligence ................................................................................................................... 23

36 contacting the purchaser ......................................................................................................... 23

37 purchaser’s right to accept and reject any or all bids ................................................................ 23

38 notification of award ................................................................................................................ 23

39 signing of the contract ............................................................................................................. 23

Part d: special conditions of contract ............................................................................................... 25

1. Guidelines and definitions .......................................................................................................... 25

2 application ............................................................................................................................. 33

3 standards ............................................................................................................................... 33

4 use of contract documents and information; inspection ....................................................... 33

5 method of providing services .................................................................................................... 34

6 patent rights ............................................................................................................................. 34

7 performance security ............................................................................................................. 34

8 demonstrations, inspections, tests and analyses ................................................................... 35

9 packing ..................................................................................................................................... 36

10 delivery and documents ............................................................................................................. 36

11 insurance ................................................................................................................................ 36

12 transportation..................................................................................................................... 36

13 incidental services .................................................................................................................. 37

14 spare parts ............................................................................................................................... 37

15 warranty ................................................................................................................................. 37

16 payment .................................................................................................................................... 38

17 prices and fees ........................................................................................................................... 39

18 contract amendments ............................................................................................................ 39

19 cession or assignment ................................................................................................................ 39

20 subcontracts ........................................................................................................................40

21 delays in contractor’s performance .................................................................................................. 40

22 penalties .................................................................................................................................40

23 termination for default .............................................................................................................41

24 anti-dumping and countervailing duties and rights ..................................................................41

25 force majeure .......................................................................................................................... 41

26 termination for insolvency ....................................................................................................... 42

27 settlement of disputes .............................................................................................................. 42

28 indemnity of liability .................................................................................................................. 43

29 limitation of liability .................................................................................................................. 43

30 contract period ....................................................................................................................... 43

31 extension of contract period ................................................................................................... 44

32 expiry of the contract period ................................................................................................... 44

33 issuing of order.......................................................................................................................... 44

34 governing language ................................................................................................................ 45

35 applicable law .......................................................................................................................... 45

36 notices...................................................................................................................................... 45

37 taxes and duties ......................................................................................................................... 45

38 ownership and copyright ........................................................................................................... 45

39 commissioning service obligations of the contractor ........................................................... 46

Part f: medical equipment maintenance services agreement ............................................................. 57

40 maintenance service obligations of the contractor .............................................................. 57

41 organization of contract execution ........................................................................................ 62

42 office operation of the contractor ......................................................................................... 63

Part g: returnable contract forms .................................................................................................... 63

FORM No.1: AUTHORISATION TO SIGN ....................................................................................................... 64

FORM No.7: PERSONNEL STRENGTH ASSESSMENT FORM ............................................................................ 69

FORM No.8: JOINT VENTURE DISCLOSURE FORM ......................................................................................... 71

Form no.9: Preference points claim form ............................................................................................. 75

Sbd 6.1 ..................................................................................................................................................... 75

80/20 ........................................................................................................................................................ 76

80/20 ........................................................................................................................................................ 77

FORM No.10: CONTRACTUAL AGREEMENT ................................................................................................. 81

Part h: schedules ................................................................................................................................... 82

A. Functionality evaluation criteria............................................................................................. 83

B. Response times for reactive maintenance ................................................................................ 85

C. Proposed personnel fees .......................................................................................................... 87

F. Pricing schedules .................................................................................................................... 90

23.2 Prices quoted must be furnished on the basis of supply, delivery, installation, commissioning and maintenance,

including warranty.

23.3 Bid pricing details must be completed manually using clear BLACK INK and duly signed. Where electronically

completed submissions are made, every page must be initialled.

23.4 All bid prices must be inclusive of 15% Value-Added Tax.

23.5 It is an express requirement of this invitation to bid that the bidders provide some transparency in respect to their

pricing approach. In this regard, bidders must indicate the basis on which they have calculated their pricing by

completing all aspects of the Pricing Schedule form Part H – Schedule E.

23.6 The prices and fees quoted by the Bidder shall be firm for a period of twelve (12) months. The bidder shall use

the prevailing Rate of Exchange (RoE) based on the South African Reserve Bank at 12:00 on the date of

advertisement to price imported content offered in this bid.

23.7 Rate of Exchange to be used to convert bid price: Rate of exchange to be used in this bid in the conversion of

the bid price of the item(s) to South African currency is US Dollar as indicated in the table below

26.2 Any effort by a Bidder to influence the Purchaser in the Purchaser's bid evaluation, bid comparison or contract

award decisions will result in the rejection of the bid.

27 purchaser’s right to accept and reject any or all bids

27.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids

at any time prior to contract award without thereby incurring any liability to the affected Bidder or Bidders.

1.1 “Abuse” the status assigned to a device FAILURE when a service representative finds damage attributable to incorrect use

(e.g., during operation, cleaning, or transport).

1.2 “Acceptable bid” means any bid, which, in all respects, complies with the specifications and conditions of the bid as set

out in the bid document.

1.3 “Acceptance inspection” a detailed INSPECTION performed before a device is put into use either after initial receipt (i.e.,

the incoming inspection of new equipment) or following other service activities (e.g., a major REPAIR,

MODIFICATION, or OVERHAUL) as appropriate.

1.4 “Acquisition cost” the total cost, including the purchase price, delivery charges, and training and installation costs, to

acquire a single piece of equipment.

1.5 “Annualized failure rate” The number of FAILURES for a device or a group of devices (e.g., a particular model) divided by

the product of the number of years being considered and the number of devices in use at a health facility. The following are

sample annualized failure rate calculations: (A) A facility with 700 infusion pumps of the same model received 84

REPAIR work orders for that model during one year. 84 failures/ (700 pumps × 1 year) = 0.12 failures/pump-year; (B) For

five (5) ultrasound scanners of the same model, there were only two repair requests in three years. 2 failures/ (5 scanners

× 3 year) = 0.13 failures/scanner-year; (C) A single magnetic resonance imaging (MRI) unit required nine repairs over

three years. 9 failures / (1 unit × 3 year) = 3 failures/MRI unit-year.

1.6 “Bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of State for the

provision of goods, works or services.

1.7 “Black enterprise” means an enterprise that is 51% owned by black persons and where there is substantial management

control. Ownership refers to economic interest while management refers to the membership of any board or similar

governing body of the enterprise.

1.8 “Black empowered enterprise” means an enterprise that is at least 25.1% owned by black persons and where there is

substantial management control. Ownership refers to economic interests. Management refers to executive directors. This is

whether the black enterprise has control or not.

1.9 “Black people” includes all African, Coloured or Indian persons who are South African citizens by birth or by descent or

who were naturalised prior to the commencement of the constitution in 1993. In addition, the term also includes black

people who became South African citizens after the constitution’s commencement but who would have been able to be

naturalised prior to this, were it not for the Apartheid laws which prohibited naturalisation of certain persons. This means that

an African, Coloured or Indian person who was not a South African citizen before the commencement of the

constitution in 1993 but who would have been entitled to apply to be naturalised prior to 1993, will also be considered a

black person and therefore a beneficiary of BEE.

1.10 “Black woman-owned enterprise” means an enterprise with at least 25.1% representation of black women within the black

equity and management portion.

1.11 “Calibration” a procedure used to determine a device’s accuracy using test equipment whose own accuracy is

appropriate and has been verified and, as needed, adjusting that medical device to meet the manufacturer’s

specifications.

1.12 “Clinical engineer” a professional who supports and advances patient care by applying engineering and managerial

skills to health-care technology (American College of Clinical Engineering). While a clinical engineer is a specialized

biomedical engineer, the terms are often used interchangeably.

1.13 “Clinical engineering technician (CET)” a professional who supports and advances patient care by applying

engineering and technical skills to medical equipment. CETs install, inspect, maintain, repair, calibrate and modify medical

equipment and support systems to adhere to standard guidelines. CETs educate and advise clinical staff on theory of

operation, physiological principles, and safe clinical application of medical equipment maintaining quality patient care.

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

1.15 “CMMS” (Computerised Maintenance Management System) is a computer based asset management system to list all

equipment used in patient-care activities, regardless of ownership and to document maintenance services and status.

1.16 “Commissioning” means a systematic process of ensuring that the health facility as a whole and all technological

systems, both movable and immovable, perform interactively according to the design intent, and satisfies the Purchaser’s

clinical service and operational needs. This shall be achieved by beginning in the design phase, documenting the design

intent and continuing through construction, acceptance and the warranty-period with actual verification of performance.

1.17 “Commissioning Agent” means the firm or consultant nominated and or appointed in writing by the Purchaser to oversee

execution and performance of this contract by the contractor. The Purchaser shall have authority over the commissioning

agent or clinical engineers appointed under the commissioning agent. The Purchaser shall have authority to replace the

the Purchase Order and Performance Security;

1.38 “Equity Ownership” means the percentage ownership and control, exercised by individuals within an enterprise.

1.39 “Failure” The condition of not meeting intended performance or safety requirements, and/or a breach of physical

integrity. A failure is corrected by repair and/or calibration.

1.40 “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.

1.41 “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.

1.42 “GCC” means the General Conditions of Contract.

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

purchaser under the contract.

1.44 “Health technology (HT)” HT is the application of organized knowledge and skills in the form of devices, medicines,

vaccines, procedures and systems developed to solve a health problem and improve quality of life. It is used

interchangeably with health-care technology.

1.45 “Historically Disadvantaged Individual (HDI)” means a South African citizen -

a) who, due to the Apartheid policy that had been in place, had no franchise in national elections prior to the

introduction of the Constitution of the Republic of South Africa, 1983 (Act ) or the Constitution of

the Republic of South Africa, 1993, (Act ) (“the interim Constitution); and/or

b) who is a female; and/or

c) who has a disability:

provided that a person who obtained South African citizenship on or after the coming to effect of the Interim

Constitution, is deemed not to be a HDI;

1.46 “HT Directorate” means the Health Technology unit which will have the responsibility to manage performance of

the Supplier/Contractor;

1.47 “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;

1.48 “In-house service” the SERVICING of medical equipment performed by the Purchaser’s own staff.

1.49 “Inspection” refers to scheduled activities or interactions with medical equipment designed to detect unsuspected

equipment problems, or to ensure medical equipment functions correctly. It includes both performance inspections

and safety inspections. These occur in conjunction with performed preventive maintenance, corrective

maintenance, or calibration but can also be completed as a stand-alone activity scheduled at specific intervals.

1.50 “Inspection and preventive maintenance (IPM)” IPM refers to all the scheduled activity necessary to ensure a

piece of medical equipment is functioning correctly and is well maintained. IPM therefore includes inspection and

preventive maintenance (PM).

1.51 “Local content” means that portion of the bidding price which is not included in the imported content provided that

local manufacture does take place;

1.52 “Maintenance” is interaction with medical equipment designed to identify and correct suspected equipment

problems, or to perform activities designed to prevent the future occurrence of problems (inspection and preventive

maintenance). Maintenance is a collective term comprising of acceptance inspection, calibration, inspection,

modification, overhauls, preventive maintenance, and repair.

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

and includes other related value-adding activities;

1.54 “Medical device” an article, instrument, apparatus or machine that is used in the prevention, diagnosis or treatment

of illness or disease, or for detecting, measuring, restoring, correcting or modifying the structure or function of the body

for some health purpose. Typically, the purpose of a medical device not achieved by pharmacological,

immunological or metabolic means.

1.55 “Medical equipment” are medical devices requiring calibration, maintenance, repair, user-training, and

decommissioning. Medical equipment is used for specific purposes of diagnosis, monitoring, treatment or

rehabilitation following disease or injury. Medical equipment includes devices such as monitoring equipment, life

supporting equipment, imaging equipment, laboratory equipment, mechanical equipment, as well as other equipment

supporting the care of the patient, whether or not it is in the immediate vicinity of a patient. In addition, these categories

includes other devices, such as fridges, that support the care of a patient, but are generally not specifically

manufactured for use in health care services.

1.56 “Modification” the alteration of a device from its original state to improve performance, reliability, or safety or to add

new functionality. (This is distinct from restoring a device from a deteriorated state.) Examples of modifications include

installing software with new functionality and adding components to a device.

1.57 “OEM” refers to Original Equipment Manufacturer. If parts and service kits furnished are not OEM then the Contractor

must be able to furnish certification by manufacturer that they meet or exceed OEM specifications and manufactured

under current ISO/SABS standards.

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

Part D: Special Conditions of Contract apply. The bidder shall bear all costs associated with the preparation and submission of its bid. The Equipment and Services required, bidding procedures and Contract terms are prescribed in the Tender Documents. Bids must be submitted online via the e-Tender portal. Bids must be received by the Purchaser at the date/time specified in the Invitation to Bid. Failure to submit within the required period may invalidate the bid/contract. The online system will close at the date and time specified. Bidders must be registered on the Central Supplier Database (CSD). The successful bidder will be required to fill in and sign a written contract form (SBD7).

Bidders must complete and sign all bid forms furnished in the tender documents. Bidders must submit colour product brochures and reference manufacturer documents with their bids. Bidders must provide proof of address in reference to the Purchaser's health service region. Bidders must use the prevailing Rate of Exchange (RoE) based on the South African Reserve Bank at 12:00 on the date of advertisement to price imported content. All bid prices must be inclusive of 15% VAT. Bids must be submitted online via the government electronic portal, and every page of electronically completed submissions must be initialled. Attendance at the compulsory briefing session is required.

Functionality evaluation: Bidders must score a minimum of 50 out of 70 points to qualify for stage 3 (Specific Goals). The total functionality score is calculated using the formula Fs = TS + MS + AS. For multiple bidders bidding for the same item make/model, the item will only be awarded to the bidder scoring the highest number of points. Items may be awarded to up to four contractors per item, but for the same make/model, only one bidder will be awarded. The award will be based on mitigating risk and value proposition.