Online library system implementation, maintenance and support - 3 year service level agreement (land bank)

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A Non-Compulsory Virtual Briefing Session will be held as [date/time]. Potential bidders are required to notify the Land Bank Supply Chain Department via e-mail of their intention to tender. Notification of intent to bid will allow the Supply Chain Department to share critical information during the duration of the tender.

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Submit one original and one electronic copy (PDF on USB) to the tender box at Land Bank Head Office, Lakefield Office Park, Block A, first floor, 272 West Avenue, Die Hoewes, Centurion, by 11:00 on 08 October 2026. Faxed or emailed bids are not accepted. Mark the package with bidder name, contact details, RFP number, description, and closing date. Initial every page. All returnable documents must be submitted together before closing.

Returnable documents include: Annexure B: Bidders Disclosure Form; Annexure I: SBD 6.1 Preference Points Claim Form; Annexure J: Valid BBBEE Certificate or Affidavit; Annexure M: National Treasury's CSD Proof of registration. Bidders are required to submit all returnable documents/information together with the bid. All Supplier information and disclosure forms should be properly completed, signed and submitted.

Evaluation under PPPFA 2022. Lowest/highest acceptable tender used to determine accurate system. B-BBEE preference points awarded for specific goals. Contract will be awarded to highest scoring bidder.

The purpose of this RFP (Request for Proposal) is to invite Suppliers (hereinafter referred to as

“bidders”) to submit proposals for a web-based Legal Library System to provide secure,

structured access to legal information (legislation, case law, regulations, legal commentary, and

practice notes)including maintenance and support for a period of three (03) years.

The Land Bank seeks to modernise its systems to strengthen its ability to fulfil its mandate of

supporting smallholder farmers, promoting financial inclusion, and driving agricultural

transformation. Modernising the bank’s systems will enable it to leverage technology more

effectively, align financing solutions with the unique needs of the agricultural sector, and

contribute to national priorities such as economic development and food security.

The legal library will support this modernisation by providing the Land Bank with a centralised

and reliable source of legal information. It will enable the bank to:

• Use a single, authoritative source for legal content.

• Improve the efficiency, accuracy, and consistency of legal research and compliance

activities.

• Reduce reliance on manual processes for tracking changes in legislation and case law.

• Strengthen legal and regulatory compliance through timely access to relevant and up-

to-date legal information.

The scope of the project encompasses:

• Up-to-date legal content ingestion and management by designated internal or external

content providers.

• Provide Web-based portal for legal research

• Search, browse, view, and export of legal content

• Personalization and research tools for legal practitioners

• Subscription/user license management

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Request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

3.1. Scope overview

The appointed bidder will be responsible for the provision of an web based legal library

including licencing, maintenance and support for period of three (03) years

3.1.1. Core Deliverables

Table 1: Category and description

Category Description

Manage subscription plans, entitlements, and

Subscription, Licensing, and Access

access models.

Support creation, ingestion, classification, and

versioning of legal content types( see required

Legal Content Management

content in 4.2.3 below) with rich metadata and

relationships between items.

Define and manage user accounts, roles,

authentication, and organization-level

User and Access Management

administration, including secure login and role-

based access to functions and content.

Provide powerful search and browse

Search and Retrieval capabilities across all content with filtering,

sorting, and hierarchy-based navigation.

Provide an in-browser document viewer with

Document Viewing and Access navigation, comparison, download, and

citation/export capabilities subject to licensing.

Enable users to personalise their workspace

(folders, bookmarks) and support research

Personalisation and Research Tools

workflows with saved searches, alerts, notes,

and annotation indexes.

The bidder must demonstrate that the

proposed system has robust security

System Security Management

management, including compliance with

cybersecurity standards.

(a) The bidder must provide system training to

five (05) end users and four (04) technical

training to IT Team. The comprehensive

plan must include:

Training and Handover

(i) Training plan

(ii) Support plan

(iii) Knowledge transfer plan

(iv) Support and maintenance

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Request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

3.1.2. Legal Content

(a) Legislations, Gazettes and subordinate

3.1.3. 2.Case law, regulations, legal commentary, and practice notes on:

(a) Banking and finance

(b) Corporate and Commercial

(c) Insolvency and Business recue

(d) Labour and employment

(e) Property Law

(f) Constitutional and Administrative Law,

(g) Competition,

(h) Agriculture and Animal,

(i) Trade, Wills & Estate,

(j) Technology,

(k) Media & Communication,

(l) BBBEE

3.1.4. Security Measures:

(a) Complete Security checklist.

(b) Data encryption for sensitive information.

(c) Role-based access control for staff and users.

3.1.5. Technical Requirements

(a) Platform: Web-based with mobile-responsive design.

(b) Hosting: On Cloud deployment

(c) Uptime: 99.9% availability with disaster recovery.

3.1.6. Testing

(a) Conduct penetration testing.

(b) Conduct demo sessions/system reviews.

3.1.7. Training

(a) Develop/ provide user guides

(b) The bidder must provide system training to five (05) end users and four (04)

technical training to IT Team.

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Request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

4. Bid evaluation stages

(a) The bid evaluation process consists of two (02) stages, according to the nature of the bid.

(b) A bidder must qualify for each stage to be eligible to proceed to the next stage of the

evaluation. The stages are:

Table 3: Evaluation stages

Applicable for this bid

Stage Description

Yes/no

Stage 1

Mandatory requirements YES

Stage 2 Price and specific goals YES

4.1. Stage (01) one - Mandatory requirements

Bidders must comply with and meet all the mandatory requirements listed below. Failure to

meet any of these requirements will result in immediate disqualification.

Note: Any bid that does not comply with the minimum requirements will be deemed non-

responsive.

Table 4: Mandatory requirements

NO description substantiating evidence of

Compliance (used to evaluate bid)

The Bidder must submit a copy of valid

The Bidder must be an Original documentation

Equipment Manufacturers (letter/certificate/license or any

(OEM)/Original Software confirmation) as proof that the Bidder is

Manufacturer (OSM) or an an Original Equipment Manufacturers

Accredited Reseller/ (OEM)/Original Software Manufacturer

Partner/Distributor for the (OSM), or an Accredited Reseller/

provision of the proposed Partner/Distributor for the provision of the

solution. proposed solution.

Bidder must submit the full proposal or

2 Costing Proposal quotation for these services.

4.1.1. Non-mandatory essential returnable documents

Bidders are requested to submit the essential returnable documents with the bid

document.

• Land Bank reserves the right to request outstanding essential documents during the

evaluation process and the bidder will be expected to provide such within a limited

period (not more than 5 working days).

• Failure to provide any outstanding information within the required timeframe will lead

to a proposal being deemed non-responsive.

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Request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

NO description

A proof that the bidder is in good standing with SARS. Such information will

be verified through Central Supply Database (CSD) or using SARS e-filing pin

in National Treasury compliance with instruction note /2018 prior to

the award of the bid.

A proof of registration as a vendor on the National Treasury Central Supply

Database (CSD), which can be found at https://secure.csd.gov.za/ in

compliance with National Treasury compliance paragraph 4.2 with

instruction note 4a of 2016/2017

3 SBD1 – A fully completed and duly signed Invitation to bid

SBD 4 - A fully completed and duly signed disclosure form. Should a conflict

of interest be declared or identified, the bid would be declared non- 4

responsive. NB Bidder must ensure all pages are complete and all questions

answered, and to indicate not applicable (N/A) where appropriate.

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Request for proposal (RFP) for the implementation of legal contract drafting and online library

System including maintenance and support for a period of three (03) years

4.2. Stage (02) two - Price and specific goals

Provide Pricing Proposals requirements to ensure that implementation of legal contract

drafting and online library including maintenance and support for a period of three (03)

years will be effectively and efficiently delivered to the Land Bank. Either the 90/10 or 80/20

preference point system will be applicable in this tender. The lowest/ highest acceptable

tender will be used to determine the accurate system once tenders are received.

The Bidder’s commitment for the Preference Goal Requirements in this tender will be legally

binding and the Bidder needs to perform against their commitment for the duration of the

contract which will form part of the Contractual Agreement.

4.2.1. Pricing schedule and Instructions

Bidders will be bound by the following general costing and pricing conditions and Land Bank

reserves the right to negotiate the conditions or automatically disqualify the bidder for not

accepting these conditions:

(a) Bidders will complete Bidder’s Costing Proposal and include this as part of the hard

copy submission documents and on the memory stick.

(b) The Bidder must provide full cost breakdown of online library including maintenance

and support for a period of three (03) years covering all major cost categories as per

template provided in the pricing schedule to ensure transparency in budgeting and

clarity on costs allocation over time. The Bidder’s Costing Proposals should be divided

into the categories provided in the pricing schedule, however, is not limited to the

categories specified in the pricing schedule.

(c) The price must include all costs to deliver the goods or render the service, including

all applicable taxes, duty fees, logistics/delivery, storage, labor, overtime and

subsistence and travel

(d) The Bidder must provide Costing Proposal indicating TOTAL BID PRICE

(e) The price schedule must be completed in non-erasable ink, and the use of correction

fluid/tape is not permitted.

(f) Prices tendered must be valid for 180 days and must be for the duration of contract

including provision for price increase.

(g) All prices quoted shall remain firm for the duration of the agreement. The Bank

reserves the right to opt in or opt out on some quoted modules and other elements

of this tender scope during contracting phase were deemed necessary.

(h) All pricing shown must EXCLUDE VAT, with the VAT components being shown

separately on all cost/priced items/services.

(i) Land Bank will not entertain any price adjustments as it assumes that the pricing

document is complete and covers all costs associated with this solution.

Request for proposal (RFP) for the implementation of legal contract drafting and online library

System including maintenance and support for a period of three (03) years

4.2.2. Pricing schedule: Note: Bidders are required to submit pricing proposal in line with the requirements of the bid

Year 3 total year 1 year 2

Item NO description unit qty line price y1 qty line price y2 qty line price y3 line price term

Of (excl VAT)

Measu

Re

1.1 Implementation & Onboarding (Setup Once 1 1 1

and integration) off

1.2 User Licenses Each 09 09 09

1.3 Training (Online) Each 09 09 09

1.4 Maintenance and support Annual 1 1 1

1.5 Any additional cost Annual 1 1 1

Total bid price (excl VAT)

VAT (@15%)

(Incl VAT)

I, the bidder, confirm that the price(s) and rate(s) quoted cover all the

goods and/or works specified in the bidding documents; that the price(s) or

rate(s) cover all my obligations and I accept that any mistakes regarding Name Capacity

price(s), rate(s) or calculations will be at my own risk.

Date

Signature (above)

T12-09-26 request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

4.2.3. Bid Submission Instructions

Note that bidders must submit as follows:

(a) One (1) original file

(b) One (1) electronic copy on USB memory stick/ flash drive in Portable Document

Format (PDF) of the RFP Document

(c) It is Bidder’s responsibility to ensure that the information and contents on the

electronic copies is the same as in the hard copies.

(d) To ensure that the electronic copies are not damaged, the bidder must submit the

USB’s (memory stick/ flash drive) in a sealed padded envelop and be clearly marked.

(e) Bidders shall submit proposal responses in accordance with the prescribed manner

of submission as specified above.

(f) The RFP Responses (hard and electronic copies) must be clearly marked as follows:

Bidder’s Name & Contact Details, RFP Number, RFP Description, and Closing Date.

(g) All Bids in this regard shall only be accepted if they have been placed in the tender

box before or on the closing date and stipulated time.

(h) Late bids shall not be considered.

(i) The proposal must be signed by an authorised employee, agent or representative of

the bidder. The proposal must bear the initials of the signatory at the bottom of every

page as an indication that the bidder has familiarised itself with the terms and

conditions of this RFP document.

(j) Faxed or e-mailed bids will not be accepted.

(k) Bidders are required to submit all returnable documents/information together with

their Bids/proposals on or before the closing time and date of the Bids/proposals.

(l) All services supplied in accordance with the bidder’s proposal must be in

accordance with all applicable legal requirements in terms of South African law,

policies and regulations.

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T12-09-26 request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

5. Confidentiality

The bidder will be required to sign a confidentiality agreement to ensure that the Bank data

and information is managed confidentially.

6. Miscellaneous

The Bank reserves the right, in its sole and absolute discretion to amend these terms of

reference as required from time to time.

7. Preference and Financial Evaluation

7.1. Price and Specific Goals

This phase is the final stage in the evaluation process and only successful bidders that have

passed stage one and two requirements will be considered. In this phase only price and

specific goals will be considered. To qualify for specific, a valid B-BBEE certificate needs to

be submitted with this bid.

Land Bank will evaluate all tenders in terms of Preferential Procurement Policy Framework

regulation of 2022 (PPPFA). The scoring methodology will apply. A copy of the PPPFA

regulations can be downloaded from www.treasury.gov.za

Either 80/20 or 90/10 preference point system will be utilised for this tender

Bidders are required to complete Annexure I SBD 6.1 in full to ensure all BBBEE and sub-

contracting information are submitted at the time of the bid closing

8. Terms of contract

Before the tender will be awarded and before the commencement of any work, the

successful tenderer will enter into a Service Level Agreement with the Land Bank which will

form the contractual basis for the delivery of the services as well as how performance will

be measured and will include the General Conditions of the Contract.

The Service Provider will not proceed with any work, tasks or requests without being in

possession of a duly signed Service Level Agreement or any other form of agreement, letter

of intent, communicated to the Service Provider from the Land Bank Procurement

Department.

Should the Service Provider commence with any work without a signed Service Level

Agreement, the Service Provider will be doing so solely at their own risk and Land Bank will

not be liable or be under any obligations whatsoever.

9. General conditions

All tenderers responding to this request for Proposals should provide the following statutory

compliance documentation in order to be considered:

a) Completed Vendor Accreditation Form

b) Proof of registration to the Central Supplier Database (CSD)

c) Cancelled cheque and/or stamped letter from the Bank

d) All Supplier information and disclosure forms should be properly completed, signed and

stamped by a Commissioner of Oaths

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T12-09-26 request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

e) Any false declaration of information will result in the exclusion of the proposal from

consideration

f) Bidders to submit a tax compliance status (TCS) pin issued by SARS along with a valid

tax clearance certificate

g) A BEE certificate from a SANAS accredited rating agency or Affidavit substantiating the

bidders B-BBEE rating

h) Certified copy of Identity Documents of Shareholders/Directors

i) In the case of Consortium or Joint Venture, bidders are required to provide copies of

signed agreements stipulating the work split – not applicable in this tender

j) The Land Bank may invite bidders for an oral interview prior to the approval of a bid.

Land Bank will not be liable for the costs incurred by the tenderer in connection with

such interview.

10. Objective criteria & risk analysis

10.1. In addition to the financial offer and preference evaluation, the Tenderers having the

highest ranking / number of points, will additionally be reviewed against the following

points listed in order to ascertain suitability for award.

a) If having passed Qualifying Criteria, the tenderer will again be checked in terms of

having a Compliant Tax Status at time of recommendation to confirm that the status

has not changed, based on an active and Tax Complaint Pin issued by the South

African Revenue Services

b) Fully compliant and registered with the National Treasury Central Supplier Database

c) No misrepresentation in the tender information submitted

d) Any non-performance on Land Bank projects

e) The tenderer or any of its directors/shareholders is not listed on the Register of Tender

Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004

as a person prohibited from doing business with the public sector; and

f) The tenderer has declared that there are no conflicts of interest which may impact on

the tenderer’s ability to perform the contract in the best interests of the employer or

potentially compromise the tender process and persons in the employ of the state are

permitted to submit tenders or participate in the contract

g) Convicted by a court of law for fraud and corruption

h) Removed from a contract between them and any organ of state on account of failure

to perform on or comply with the contract

i) Unduly high or unduly low Tendered rates in the Tender offer. In this regard, a financial

risk analysis will be performed to verify that the costs are reasonable and balanced.

Tenders may be disqualified if tendered rates are found to be distorted.

j) In terms of unduly high Tendered fees in the Tender offer, refer to the PPR2022.

10.2. Land Bank may perform a due diligence exercise on the preferred tenderer to

determine its risk- profile. The outcome of the due diligence exercise may be

considered as an objective criterion. A due diligence exercise may include, but is not

limited to, the following factors;

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T12-09-26 request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

10.3. Financial Analysis of Tenderers Financial Statements.

Financial health of the bidder may be assessed if deemed necessary, to ensure that

the service provider will be able to operate as per required deliverables (Ratios:

Accounts Receivable & Payable Turnover, Liquidity & Solvency). In the case of an

unincorporated JV or a SPV, each partner of the entity should submit their financial

statements and it will be consolidated to determine their capability to execute the

applicable contract.

10.4. Judgements and criminal convictions.

Land Bank may consider previous civil judgements against the preferred tenderer as

part of its risk assessment. Land Bank may also consider whether the preferred

tenderer or any of its directors have been-convicted of a serious offence.

10.5. Pending litigation

Land Bank may consider any pending litigation in a court of law or administrative

tribunal as part of its risk assessment.

10.6. Performance

Land Bank may consider the Service Provider having a history of poor performance on

any task orders/purchase orders or contracts, including poor performance in respect

of compliance with policies or procedures regarding safety, health, quality control or

environment, or having committed a serious and gross breach of contract.

10.7. Reputational-harm

If Land Bank is likely to suffer substantial reputational harm as a result of doing business

with the preferred service provider, it may take this into account as part of its risk

assessment.

The above set out other objective criteria may be clarified during the evaluation and

correction of any non-compliance may be negotiated with the highest scoring

tenderer, if possible. However, should the tenderer not comply with these requirements

by the close of negotiations, Land Bank reserves have the right to award to the next

ranked tenderer.

11. Submission requirements

• Any service provider requiring clarification on any matter whatsoever, including

questions relating to the specifications required of the service provider to perform this

project or the tender and evaluation process should do so via e-mail and address such

request to [email protected]

• Proposals may be deposited in or couriered to the tender box at the reception area

of Land Bank Head Office, Lakefield Office Park, Block A first floor, 272 West Avenue,

Die Hoewes, Centurion on or before 08 October 2026 @ 11:00am.

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T12-09-26 request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

12. Fica and compliance checks

Land Bank, in its capacity as an accountable institution, has a duty to verify the identity of

all its clients in compliance with the Financial Intelligence Centre Act No (FICA).

The Land Bank shall thus conduct a comprehensive PEP screening on the successful bidder

and therefore requests all bidders to submit the Know Your Customer (KYC) documents as

listed in Annexure D of this RFP document.

13. Protection of personal information

In submitting any information or documentation requested above or any other information that

may be requested pursuant to this RFP, you are consenting to the processing by Land Bank or

its stakeholders of your personal information and all other personal information contained

therein, as contemplated in the Protection of Personal Information Act, No. and

Regulations promulgated thereunder (“POPI Act”). You also consent that any information, either

written or verbal, may be made available to third parties strictly for the purpose of oversight to

this tenders’ appointment. Further, you declare that you have obtained all consents required

by the POPI Act or any other law applicable. Thus, you hereby indemnify Land Bank against any

civil or criminal action, administrative fine or other penalty or loss that may arise because of the

processing of any personal information that you submit.

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T12-09-26 request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

Suggested compilation of bids

Please ensure that the separate annexures/files are named accordingly on

Your USB and hard copy submission

Name of Firm

CSD Registration Number

Contact Person

Contact Number

Physical Address

E-mail Address

Administrative

Annexure A: Vendor Accreditation Form

Annexure B: Bidders Disclosure Form

Annexure C: Covenant of Integrity Declaration

Annexure D: Land Bank FICA requirements

Annexure E: Terms and Conditions

Annexure F: Service Provider Agreement

*This is included for informative purposes and does not need to be

completed.

*Successful bidder(s) will enter into the service provider agreement attached

in this RFP, with the addition of their proposed financial submission, services,

time lines, etc.

Annexure G: Bribery & Corruption Declaration

Annexure H: SBD 1 Tax Compliance

Annexure I : SBD 6.1 Preference Points Claim Form In Terms Of The Preferential

Procurement Regulations 2022

Annexure J: Valid BBBEE Certificate or Affidavit

Annexure K: Tax compliance status (TCS) pin issued by SARS along with a

valid tax clearance certificate

Annexure L: Cancelled cheque and/or stamped letter from the bank

confirming banking details

Annexure M: National Treasury’s CSD Proof of registration

Annexure N: Financial Proposal using the template provided –N/A

Annexure O: Qualifying Criteria

Mandatory criteria documentation

(Please refer to the evaluation criteria above for more information)

Technical/Functionality Evaluation requirements

Annexure P: Essential returnable documents

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T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

Annexure a

Vendor information sheet

1. Registration name of company

2. Company registration number

3. VAT number

4. Company details Street address Postal address

Building/complex PO Box

Street name City

Suburb Code

City Suburb

Code

Telephone no Contact person

Fax no Direct Tel

E-mail Direct Fax

5. Payment terms
6. Payment should be made in (currency)
7. Bank detail Please attach banking details on an original letterhead signed by

CEO/Director/s appearing on the letterhead.

Bank name

Branch

Type of account (eg. Current account; Cheque account,

Savings account, e.t.c)

Account number Branch code

8. Contact person for Account queries Name Ms. Jeanette Raphalalani

Cell no Tel no (+27 12) 686 0848

E-mail [email protected] Fax no

9. How much is the company’s annual turnover? : R

10. Share holding - (Please list Share holders with their % of share holding)

Title Name Identity number Race % share holding

T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

INT - International business ( )

JVB - Joint venture business ( ) Business indicator - mark with (X) in the bracket

HDP - Historically Disadvantaged Persons ( )

EXB - Existing business ( )

12. Additional

List the commodities / service that you

currently supply to Land Bank Currently Can provide

providing

I the undersigned, confirm that the information provided on this vendor information

sheet is accurate and contains no misrepresentations or omissions, and is based on

current information known to me. I also undertake to immediately inform the Land Bank

of any changes to the above furnished information. The Land Bank is hereby allowed

to verify any of the details provided.

Name Signature

Designation Date

For office use only

(Land bank)

Procurement

Department

Name & Signature Date:

T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

Annexure b bidder’s disclosure

1. 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.

2. 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:

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

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T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

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

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

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:

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

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T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

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.

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

25 | P a g e

T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

Annexure c

Convenant of intergrity

I, the undersigned,

(Full names)

do hereby make oath and state as follows:

1. I am:

1.1. an adult male/female aged ;

1.2. presently employed as/carrying on business as

situated at .

2. The facts stated herein are both true and correct and within my personal knowledge

and belief unless otherwise stated.

3. I hereby confirm that:

3.1. I am duly authorised to depose to this affidavit;

3.2. neither myself nor anyone acting on behalf of the tenderer is, or will be, engaged

in any Prohibited Practice as defined in 4 below in connection in respect of any

tendering process or in the provision of services and/or goods;

3.3. I will immediately inform Land bank of any instance of any such Prohibited

Practice which comes to my attention and/or the attention of the tenderer

and/or its employees or agents concerning the following;

3.3.1. if any of the tenderer’s directors, employees or agents has been

convicted in any court for any offence involving a Prohibited Practice in

connection with any tendering process and/or the provision of goods or

services during the 5 (five) years immediately preceding the date of this

affidavit; and/or

3.3.2. if any of the tenderer’s directors, employees or agents is dismissed or

resigns from the tenderer’s employment on grounds of being implicated

in any Prohibited Practice.

3.4. I will provide Land Bank with full details of such conviction, dismissal or resignation

and the measures taken to ensure that neither the tenderer nor any of its directors,

employees or agents commits any Prohibited Practice in future.

26 | P a g e

T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

3.5. In the event that the tenderer is awarded any business by land bank, the tenderer

grants Land bank or its employees and/or agents the right of inspection of its

records. The tenderer shall preserve such records in accordance with applicable

law but in any case for at least 3 (three) years after conclusion of each

transaction contemplated under the Request for Tender.

4. I acknowledge that for all purposes under this affidavit, the following terms and/or

expressions below shall bear the meanings set out hereunder:

4.1. “Corrupt Practice” means the offering, giving or promising of any improper

advantage to

influence the action of a Public Official, or the threatening of injury to his person,

employment, property, rights or reputation, in connection with any procurement

process or in the execution of any contract in order that any person may obtain

or retain business improperly or obtain any other improper advantage in the

conduct of business;

4.2. “Fraudulent Practice” means a dishonest statement or act of concealment which

is intended to, or tends to, improperly influence the procurement process or the

execution of a contract to the detriment or potential detriment of land bank or is

designed to establish tender prices at non-competitive levels and/or to deprive

land bank of the benefits of fair and open competition, and includes collusive

practices (whether before or after tender submission) among tenderers or

between a tenderer and a consultant or any employees or agents of Land bank;

4.3. “Public Official” means any person holding a legislative, administrative,

managerial, political or judicial post in any country, or exercising any public

function in any country or a director or employee of a public authority or of a legal

person controlled by a public authority of any country, or a director or official of

a public international organisation; and

4.4. “Prohibited Practice” means an act that is either a Corrupt Practice or a

Fraudulent Practice.

5. I/We consent that Land Bank will process (by collecting, using, storing or otherwise

dealing with) my/our personal information and that of third parties which I/we

provide, for the purposes of providing services and products to me/us. The personal

information will be processed in accordance with the requirements of the law. All

personal information I/we provide to Land Bank is given voluntarily. However, if I/we

withhold any personal information requested; withhold consent for or object to the

processing of my/our personal information, this may result in Land Bank not

establishing or continuing a relationship.

27 | P a g e

T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

Deponent

Thus done and signed at on this the day of ____

the Deponent having acknowledged that:

1. he/she knows and understands the contents of this declaration;

2. he/she has no objection to taking the prescribed oath; and

3. he/she considers the prescribed oath to be binding on his/her conscience.

Commissioner of Oaths Stamp

Commissioner of oaths

Full names

28 | P a g e

T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

Capacity

Business address

29 | P a g e

T12-09-26 request for proposal (RFP) for the implementation an online library system

Including maintenance and support for a period of three (03) years

Annexure d

Land Bank, in its capacity as an accountable institution, has a duty to verify the identity of

all its clients in compliance with the Financial Intelligence Centre Act No (FICA).

Know Your Customer (KYC) documents are required for each client transaction. The

requirements for each entity type are listed below.

Individuals

 Green, bar-coded Identity document (also used for PEPs/Sanctioned screening

purposes) if not available valid reason why identity document could not be provided

together with a valid Passport or valid driver’s licence

 Valid Passport ( for foreign nationals)

 Proof of physical residential address

 Authority to act (if applicable) : power of attorney / letter of appointment from the court

and Identity document, physical residential address and contact details of persons

authorised to act

 Birth certificate (for minors under 18 years) and proof of authority (where minor is assisted

by legal guardian)

Unlisted Companies

South African

 Certificate of Incorporation (CM1 or CoR 15.1/CoR 14.1)

 Certified copy of Change of Name, if applicable (CM9 or CoR 9.1 or 2)

 Notice of Registered Office and Postal Address (CM22 or CoR 21)

 Current list of Directors (CM29 or CoR 39) (also used for PEPs/Sanctioned screening

purposes)

 Authority to act : Directors' Resolution and/or Delegation of Authority

 In respect of the Principal Executive Officer , each Director, each Authorised person, and

each shareholder holding more than 25% of the voting rights of the company:

• Certified copy of the Identity document
• residential address and contact details

 Proof of physical business address and trading/operating name

 Beneficial ownership (warm body that owns the company) of the company. If the

shareholder is another company, provide shareholder details and beneficial ownership.

Process continues till we establish the ultimate beneficial owner. If the shareholder is a

trust, the trust deed needs to be provided to identify and verify all trustees, founders and

beneficiaries to the trust.

Foreign

 Official Document of Incorporation (or CoR 17.1)

 Registration Certificate (CoR 17.3)

 If trading in RSA, documents for RSA unlisted companies

 Authority to act : Directors' Resolution

 Identity document/Passport, details of physical residential address and contact details of

related parties and persons authorised to act (also used for PEPs/Sanctioned screening

purposes)

30 | P a g e

Provide Pricing proposals requirements to ensure that implementation of legal contract drafting and online library including maintenance and support for a period of three (03) years. The proposal must bear the initials of the signatory at the bottom of every page. All services supplied in accordance with the bidder's proposal must be in accordance with all applicable legal requirements in terms of South African law.

Pricing schedule: Bidders are required to submit pricing proposal in line with the requirements of the bid. The Bidder must provide full cost breakdown of online library including maintenance and support for a period of three (03) years covering all major cost categories as per the categories provided in the pricing schedule, but not limited to those. The price must include all costs to deliver the goods or render the service. Prices tendered must be valid for 180 days and must be for the duration of contract. All prices quoted shall remain firm for the duration of the agreement. Land Bank will not entertain any price adjustments as it assumes that the pricing is firm. Pricing items include: 1.3 Training (Online) Each 09 09 09; 1.5 Any additional cost Annual 1 1 1.

valid tax clearance certificate

Tax compliance status

Tax compliance requirements

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

tax compliance status (TCS) pin issued by SARS along with a valid

Tax Compliance

Tax compliance status (TCS) pin issued by SARS along with a

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

Csd registration number

Csd number

Csd number must be provided

Central supplier database (csd), a

Central Supplier Database (CSD)

Central Supplier Database

power of attorney / letter of appointment from the court

be verified through Central Supply Database (CSD) or using SARS e-filing pin

Database (CSD), which can be found at https://secure.csd.gov.za/ in

SBD 4 - A fully completed and duly signed disclosure form. Should a conflict

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.

B-BBEE Details: r will be required to sign a confidentiality agreement to ensure that the Bank data

and information is managed confidentially.

6. Miscellaneous

The Bank reserves the right, in its sole and absolute discretion to amend these terms of

reference as required from time to time.

7. Preference and Financial Evaluation

7.1. Price and Specific Goals

This phase is the final stage in the evaluation process and only successful bidders that have

passed stage one and two requirements will be considered. In this phase only price and

specific goals will be considered. To qualify for specific, a valid B-BBEE certificate needs to

be submitted with this bid.

Land Bank will evaluate all tenders in terms of Preferential Procurement Policy Framework

regulation of 2022 (PPPFA). The scoring methodology will apply. A copy of the PPPFA

regulations can be downloaded from www.treasury.gov.za

Either 80/20 or 90/10 preference point system will be utilised for this tender

Bidders are required to complete Annexure I SBD 6.1 in full to ensure all BBBEE and sub-

contracting information are submitted at the time of the bid closing

8. Terms of contract

Before the tender will be awarded and before the commencement of any work, the

successful tenderer will enter into a Service Level Agreement with the Land Bank which will

form the contractual basis for the delivery of the services as well as how performance will

be measured and will include the General Conditions of the Contract.

The Service Provider will not proceed with any work, tasks or requests without being in

possession of a duly signed Service Level Agreement or any other form of agreement, letter

of intent, communicated to the Service Provider from the Land Bank Procurement

Department.

Should the Service Provider comme

To qualify for specific [preference points], a valid B-BBEE certificate needs to be submitted. Bidders are required to complete Annexure I SBD 6.1 in full to ensure all BBBEE and sub-contracting information is provided. Annexure J: Valid BBBEE Certificate or Affidavit.

1. Invitation to tender ................................................................................................. .....4
2. Overview of land bank .......................................................................................... .....7
3. Scope of work .......................................................................................................... .....8
4. Confidential..................................................................................................16
5. Miscellaneous...............................................................................................16
6. Preference and financial evaluation ......................................................... .. .... 16
7. Terms of contract ................................................................................................. .. .16
8. General mandatory conditions ....................................................................... ....16
9. Objections and risk.......................................................................................17
10. Submission requirements ...................................................................................... .....18
11. Fica and compliance ..................................................................................................18
12. Protection of personal information ..........................................................19

Annexure a: vendor information sheet

Annexure b: bidders disclosure

Annexure c: convenant of intergrity

Annexure d: fica requirements

Annexure e: sbd 6.1 Preference points claim form in terms of the preferential

Procurement regulations 2011

Annexure f: terms and conditions

Annexure g: draft service level agreement

Annexure h: bribery and corruption declaration

3 | P a g e

Request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

Established in 1912 to promote agricultural and rural development, the Land Bank

provides production, instalment sale finance, and medium-term or mortgage loans to

emerging and commercial farmers. From time to time, the Bank also administers other

government programmes, such as drought relief schemes and flood assistance. The

part of its risk assessment. Land Bank may also consider whether the preferred

tenderer or any of its directors have been-convicted of a serious offence.

10.5. Pending litigation

tribunal as part of its risk assessment.

10.6. Performance

sheet is accurate and contains no misrepresentations or omissions, and is based on

current information known to me. I also undertake to immediately inform the Land Bank

of any changes to the above furnished information. The Land Bank is hereby allowed

to verify any of the details provided.

Thus done and signed at on this the day of ____

the Deponent having acknowledged that:

1. he/she knows and understands the contents of this declaration;

2. he/she has no objection to taking the prescribed oath; and

3. he/she considers the prescribed oath to be binding on his/her conscience.

shareholder of LBIC and LBLIC, which provide insurance products in the agricultural

sector.

The Bank’s objectives flow from the Land Bank Act, No. , and are aligned

with government policies and the country’s socio-economic needs. The Bank is

expected to play a pivotal role in advancing agriculture and rural development. Its

broad mandate, as expressed in the Land Bank Act, covers 11 objectives:

• Equitable ownership of agricultural land, in particular increasing the ownership of

agricultural land by historically disadvantaged persons

• Agrarian reform, land redistribution or development programmes aimed at

historically disadvantaged persons

• Land access for agricultural purposes
• Agricultural entrepreneurship
• Removal of the legacy of racial and gender discrimination in agriculture
• Enhancing productivity, profitability, investment and innovation
• Growth of the agricultural sector and better use of land
• Environmental sustainability of land and related natural resources
• Rural development and job creation
• Commercial agriculture
• Food security

any task orders/purchase orders or contracts, including poor performance in respect

of compliance with policies or procedures regarding safety, health, quality control or

environment, or having committed a serious and gross breach of contract.

10.7. Reputational-harm

may be requested pursuant to this RFP, you are consenting to the processing by Land Bank or

its stakeholders of your personal information and all other personal information contained

therein, as contemplated in the Protection of Personal Information Act, No. and

Regulations promulgated thereunder (“POPI Act”). You also consent that any information, either

written or verbal, may be made available to third parties strictly for the purpose of oversight to

this tenders’ appointment. Further, you declare that you have obtained all consents required

by the POPI Act or any other law applicable. Thus, you hereby indemnify Land Bank against any

civil or criminal action, administrative fine or other penalty or loss that may arise because of the

processing of any personal information that you submit.

19 | P a g e

T12-09-26 request for proposal (RFP) for the implementation an online library system including

Maintenance and support for a period of three (03) years

Mandatory requirements: Bidders must comply with and meet all the mandatory requirements listed below. Any bid that does not comply with the minimum requirements will be deemed non-responsive. The Bidder must submit a copy of valid [document]. Bidder must submit the full proposal or [document]. Non-mandatory essential returnable documents: Bidders are requested to submit the essential returnable documents with the bid. Land Bank reserves the right to request outstanding essential documents during the evaluation. Proof of registration as a vendor on the National Treasury Central Supplier Database (CSD) must be verified through CSD or using SARS e-filing pin. SBD 4 - A fully completed and duly signed disclosure form. If any conflict of interest be declared or identified, the bid would be declared non-responsive.

6. Preference and financial evaluation ......................................................... .. .... 16

Annexure e: sbd 6.1 Preference points claim form in terms of the preferential

(Please refer to the evaluation criteria above for more information)

Technical/Functionality Evaluation requirements

4.2. Stage (02) two - Price and specific goals

years will be effectively and efficiently delivered to the Land Bank. Either the 90/10 or 80/20

preference point system will be applicable in this tender. The lowest/ highest acceptable

The Bidder’s commitment for the Preference Goal Requirements in this tender will be legally

of compliance with policies or procedures regarding safety, health, quality control or

The above set out other objective criteria may be clarified during the evaluation and

project or the tender and evaluation process should do so via e-mail and address such

4. Bid evaluation stages

(a) The bid evaluation process consists of two (02) stages, according to the nature of the bid.

(b) A bidder must qualify for each stage to be eligible to proceed to the next stage of the

evaluation. The stages are

Table 3: Evaluation stages

Stage Description

Stage 2 Price and specific goals YES

4.1. Stage (01) one - Mandatory requirements

evaluation process and the bidder will be expected to provide such within a limited

Bidders must complete and sign the Bribery and Corruption Declaration (Annexure H). If any member has been charged, convicted, or implicated in bribery or corruption in the last five years, full details must be furnished. No other eligibility criteria are stated in the provided document.

Bribery and Corruption Declaration (Annexure H): bidders must disclose any charges, convictions, or involvement in bribery or corruption by any member (including directors, employees, or agents) in the last five years, with full details as required.

{"briefingSession":"{"date":null,"time":null,"venue":"tend a briefing session should the Land Bank deem it necessary to","is_compulsory":true}"}

Bidders may be required to attend a briefing session should the Land Bank deem it necessary. Where the RFP indicates a briefing session will be held, it is compulsory; failure to attend will result in disqualification. Unless indicated otherwise, briefing sessions will be held at Land Bank Head Office, Lakefield Office Park, Building A, First Floor, 272 Lenchen Avenue (Cnr of Lenchen Avenue and West Avenue), Die Hoewes, Centurion.

Queries before the closing date must be directed to the contact person identified in the RFP. Clarification on any aspect of the RFP, including specifications, tender and evaluation process, must be directed to that contact person before the closing date.

Submit one original bid with one soft copy on a USB Flash Drive. The Tender Number and subject must be clearly reflected on the front cover of the original bid. Bids must be submitted by the closing date and time; late bids will be rejected. No modifications to a bid will be entertained after submission or after the closing date. Queries before the closing date must be directed to the contact person identified in the RFP. Amendments to the RFP will be sent in writing; significant amendments may extend the closing date.

Bids must be submitted by the closing date and time; late bids will not be accepted. One original of the Bid must be submitted, together with one soft copy on a USB Flash Drive. The Tender Number and subject must be clearly reflected on the front cover of the original Bid.

Bids will be evaluated strictly in accordance with the scope of work supplied by the Land Bank, unless officially amended. The Land Bank may carry out site inspections or call for supporting documentation to confirm information provided by a bidder. Bidders must not have acted fraudulently or improperly towards the Land Bank or any government department or public body. Bidders must not have withdrawn their bid after the advertised closing date and hour. Bidders must not have failed to conclude a formal contract or accept an order when notified of acceptance. Bidders must not have carried out any contract resulting from the tender in an unsatisfactory manner. Bidders must not have been involved in more than one bid in response to this RFP. Bidders must attend a compulsory briefing session if one is indicated as such.

The bidder must tender for the services strictly in accordance with the scope of work supplied by the Land Bank, unless notified otherwise by official amendment. Prices quoted must be exclusive of VAT, which must be shown separately at the standard rate on the Tax Invoice. The bidder is required to tender strictly in accordance with the RFP; any deviation may result in the bid being rejected.

Central Supplier Database

not entitled to seek any compensation for the cost or expense of preparing its Bid or

12.1. By submitting a Bid, the Bidder warrants and represents to the Land Bank that as at the

date of submission of the Bid, the Bidder is in possession of all necessary approvals

(including, without limitation, registrations, certificates, permits, licenses and

authorisations) to enter into and perform its obligations in respect to the Services.

12.2. As a separate and distinct warranty and without derogating from the aforementioned, the

Bidder, by the submission of a Bid, warrants and represents to the Land Bank that it is

registered with National Treasury and is listed on the Government’s Central Supplier

Database.

13. Default

13.1. If the Bidder, after having been notified of the acceptance of its tender, fails to:

13.1.1. Conclude a formal contract on terms acceptable to the Land Bank and the Bidder

within a period stipulated by the Land Bank; or

13.1.2. Accept an order in terms of the tender; or

13.1.3. Furnish security to the satisfaction of the Land Bank when called upon to do so

for the fulfilment of the Service Provider Agreement; or

13.1.4. Comply with any condition imposed by the Land Bank;

the Land Bank may, in any of the aforementioned cases, and without prejudice to any

other legal remedy which it may have, proceed to accept any other Bid or, if it is

necessary to do so, call for Bids afresh, and may recover from the defaulting Bidder any

additional expense incurred by the Land Bank in calling for new offers or in accepting a

less favourable offer.

13.2. If any Bidder who has submitted a Bid and/or concluded a contract with the Land bank,

or in the capacity of an agent or subcontractor who has been associated with such Bid

or contract:

13.2.1. Has withdrawn such Bid after the advertised date and hour for the receipt of Bids;

or

13.2.2. Has, after having been notified of the acceptance of its tender, failed or refused

to sign a contract when called upon to do so in terms of any condition forming

part of the tender documents; or

13.2.3. Has carried out any contract resulting from such tender in an unsatisfactory

manner or has breached any condition of such contract; or

13.2.4. Has acted in a fraudulent or improper manner or in bad faith towards the Land

Bank or any government department or any public body, company or person; or

13.2.5. Has made any misleading or incorrect statement either:

13.2.5.1. In the affidavit or certificate provided; or

13.2.5.2. In any other document submitted as part of its tender submission

and is unable to prove to the satisfaction of the Land Bank that:

13.2.5.3. It made the statement in good faith honestly believing it

to be correct; and

13.2.5.4. Before making such statement, it took all reasonable

steps to satisfy itself of its correctness; or

13.2.6. Caused the Land Bank damage, or to incur costs in order to meet the service

provider’s requirements which could not be recovered from the service provider;

13.2.7. Has instituted any court proceedings against the Land Bank in bad faith;

13.2.8. Has been found guilty by a court of law, tribunal or other administrative body of a

serious breach of any law, during the preceding 5 years;

13.2.9. Has been included as a company or person prohibited from doing business with

the public sector on national treasury’s database of restricted suppliers or

register of tender defaulters; then a tender from any such Bidder shall be

disqualified and the person, enterprise or company (including the directors) shall

be disqualified from tendering for any Land Bank business.

13.3. Any disqualification imposed upon any person or enterprise or company, may also apply

to any other enterprise or company (or associates thereof) and may also be applied to

any agent or employee of the person or enterprise or company concerned.

14. Site visits

The Land Bank reserves the right to carry out site inspections or call for supporting

documentation in order to confirm any information provided by a Bidder in its Bid.

15. Bidders to inform themselves

15.1. Submission of a Bid shall be deemed to constitute acceptance by the Bidder of the terms

and conditions contained in the RFP.

15.2. By submitting a Bid, Bidders will be deemed to have acknowledged and agreed that it

has done so on the basis that it has:

15.2.1. the necessary skills, knowledge and experience to provide the goods and/or

services sought; and

15.2.2. in preparing its Bid:

15.2.2.1. it has fully examined the RFP and any other information made

available by the Land Bank to Bidders for the purpose of this RFP;

15.2.2.2. made its own reasonable enquiries (including site inspections, if

necessary) to fully inform themselves of all the risks, contingencies

and other circumstances which may impact on the Bid and the

performance of the Services; and

15.2.2.3. has not relied upon any warranty or representation (whether oral or

in writing or by conduct) made on behalf of the Land Bank except

where such warranty or representation is contained in the RFP or

made through the process specified in the RFP.

16. Acceptance of bid

16.1. The Land Bank reserves the right not to accept any particular Bid, including the lowest

priced or any Bid and shall not be bound to assign any reason for its decision.

16.2. The Land Bank reserves the right to accept any Bid in whole or in part. Where a Bid is

accepted in part, then the price shall be adjusted in accordance with the pricing schedule

indicated in the Bid.

16.3. Upon the acceptance of a Bid by the Land Bank, the parties shall be bound by these

Terms and Conditions, the General Conditions of Contract, the Special Conditions of

Contract and any contractual terms and/or any schedule or otherwise which form part of

the RFP.

17. Confidentiality

17.1. This document is released for the sole purpose of responding to this RFP and must be

considered confidential. In addition, the use, reproduction or disclosure of the

requirements, specifications or other material in this RFP is strictly prohibited.

17.2. All Bids submitted to the Land Bank will become the property of the Land Bank and will as

such not be returned to the Bidder. The Land Bank will make all reasonable efforts to

maintain proposals in confidence. Proprietary information should be identified as such in

each proposal.

18. General conditions of contract

18.1. The Service Provider shall be is required to sign a written contract prior to

commencement of the Services.

18.2. The Service Provider shall adhere to the General and Special Conditions of Contract issued

with the RFP, together with any conditions contained in the RFP.

18.3. Should the Bidder find any conditions unacceptable, it should indicate which conditions are

unacceptable and offer amendments/alternatives by written submission on its company

letterhead. Any such submission shall be subject to review by the Land Bank’s legal

advisor who shall determine whether the proposed amendments /alternatives are

acceptable or otherwise, as the case may be.

19. Contract documents

19.1. The contract documents will comprise the Service Provider Agreement, these Terms and

Conditions, the General and Special Conditions of Contract and any schedule of

additional conditions which form part of this RFP.

19.2. The abovementioned documents together with the Bidder’s Bid response will constitute

the Service Provider Agreement between the parties upon receipt by the Bidder of the

Land Bank’s letter of acceptance/intent, subject to all additional amendments and/or

special conditions thereto as agreed to by the parties.

20. Value-added tax

In respect of services to be rendered in the Republic of South Africa, the prices quoted by the

Bidder are to be exclusive of VAT which must be shown separately at the standard rate on the

Tax Invoice.

3.1. Distribution of this RFP outside the Republic of South Africa may be restricted or prohibited

by the laws of other countries. Recipients of this RFP are advised to familiarise

themselves with and comply with all such restrictions or prohibitions applicable in those

jurisdictions, and neither the Land Bank, nor any of their respective directors, officers,

employees, agents, representatives or advisors, accept any liability to any person for

any damages arising out of or in connection with the breach of any restriction or

provision outside the Republic of South Africa. Persons contemplating submitting a Bid

are advised to obtain legal advice as to the possible consequences thereof in terms of

the law of the jurisdictions in which they are located.

3.2. Recipients of this RFP document may only distribute it to other parties whom they wish to

involve as part of their Bidder consortium in submitting a Bid.

material particular, the Bid shall be rejected without any liability whatsoever on the part

of the Land Bank.

10.1. The Land Bank reserves the right to amend or modify this RFP before the closing date or

amend, modify or terminate any of the procedures or requirements set out herein at

any time and from time to time, without prior notice and without liability to compensate

or reimburse any person.

10.2. If the Land Bank amends this RFP, the amendment will be sent to each Bidder in writing.

11.1. The Land Bank reserves the right to cancel this RFP at any stage up to, and including,

the award of the Service Provider Agreement.

11.2. The Land Bank shall not be bound to assign any reason for cancellation and Bidders are

not entitled to seek any compensation for the cost or expense of preparing its Bid or

negotiating the Service Provider Agreement.

12. Warranty

12.1. By submitting a Bid, the Bidder warrants and represents to the Land Bank that as at the

date of submission of the Bid, the Bidder is in possession of all necessary approvals

(including, without limitation, registrations, certificates, permits, licenses and

authorisations) to enter into and perform its obligations in respect to the Services.

12.2. As a separate and distinct warranty and without derogating from the aforementioned, the

13.1. If the Bidder, after having been notified of the acceptance of its tender, fails to:

13.1.1. Conclude a formal contract on terms acceptable to the Land Bank and the Bidder

within a period stipulated by the Land Bank; or

13.1.2. Accept an order in terms of the tender; or

13.1.3. Furnish security to the satisfaction of the Land Bank when called upon to do so

for the fulfilment of the Service Provider Agreement; or

13.1.4. Comply with any condition imposed by the Land Bank;

the Land Bank may, in any of the aforementioned cases, and without prejudice to any

other legal remedy which it may have, proceed to accept any other Bid or, if it is

necessary to do so, call for Bids afresh, and may recover from the defaulting Bidder any

additional expense incurred by the Land Bank in calling for new offers or in accepting a

less favourable offer.

13.2. If any Bidder who has submitted a Bid and/or concluded a contract with the Land bank,

or in the capacity of an agent or subcontractor who has been associated with such Bid

or contract:

13.2.1. Has withdrawn such Bid after the advertised date and hour for the receipt of Bids;

or

13.2.2. Has, after having been notified of the acceptance of its tender, failed or refused

to sign a contract when called upon to do so in terms of any condition forming

part of the tender documents; or

13.2.3. Has carried out any contract resulting from such tender in an unsatisfactory

manner or has breached any condition of such contract; or

13.2.4. Has acted in a fraudulent or improper manner or in bad faith towards the Land

Bank or any government department or any public body, company or person; or

13.2.5. Has made any misleading or incorrect statement either:

13.2.5.1. In the affidavit or certificate provided; or

13.2.5.2. In any other document submitted as part of its tender submission

and is unable to prove to the satisfaction of the Land Bank that:

13.2.5.3. It made the statement in good faith honestly believing it

to be correct; and

13.2.5.4. Before making such statement, it took all reasonable

steps to satisfy itself of its correctness; or

13.2.6. Caused the Land Bank damage, or to incur costs in order to meet the service

provider’s requirements which could not be recovered from the service provider;

13.2.7. Has instituted any court proceedings against the Land Bank in bad faith;

13.2.8. Has been found guilty by a court of law, tribunal or other administrative body of a

serious breach of any law, during the preceding 5 years;

13.2.9. Has been included as a company or person prohibited from doing business with

the public sector on national treasury’s database of restricted suppliers or

register of tender defaulters; then a tender from any such Bidder shall be

disqualified and the person, enterprise or company (including the directors) shall

be disqualified from tendering for any Land Bank business.

13.3. Any disqualification imposed upon any person or enterprise or company, may also apply

to any other enterprise or company (or associates thereof) and may also be applied to

any agent or employee of the person or enterprise or company concerned.

15.1. Submission of a Bid shall be deemed to constitute acceptance by the Bidder of the terms

and conditions contained in the RFP.

15.2. By submitting a Bid, Bidders will be deemed to have acknowledged and agreed that it

has done so on the basis that it has:

15.2.1. the necessary skills, knowledge and experience to provide the goods and/or

services sought; and

15.2.2. in preparing its Bid:

15.2.2.1. it has fully examined the RFP and any other information made

available by the Land Bank to Bidders for the purpose of this RFP;

15.2.2.2. made its own reasonable enquiries (including site inspections, if

necessary) to fully inform themselves of all the risks, contingencies

and other circumstances which may impact on the Bid and the

performance of the Services; and

15.2.2.3. has not relied upon any warranty or representation (whether oral or

in writing or by conduct) made on behalf of the Land Bank except

where such warranty or representation is contained in the RFP or

made through the process specified in the RFP.

Should clarification be required on any aspect of the RFP before the closing date, the Bidder must direct queries to the contact person identified in the RFP.