Appointment of professional pest control operator – western cape government tender

{"closingTime":"11:00am","briefingSession":"{"date":null,"time":null,"venue":"ion or instruction by SAPO or its representative shall have no standing in this RFQ unless and","is_compulsory":false}"}

{"name":null,"email":"[email protected]","phone":"012 845 2622","department":"/ PUBLIC ENTITY)","address":null}

Returnable Documents: Pricing Schedule, Completed SBD 1, Completed SBD 4, Latest CSD Report / MAAA number, Failure to comply with the gate-keeping criteria will result in the disqualification of the bid., BOQ/Pricing Schedule : Annexure F1, Compensation for Occupational Injuries and Diseases (COIDA)

The bid will be evaluated as follows:

 Phase 1: Gatekeeping Criteria.

 Phase 2: Bid Conditions.

 Phase 3: Commercial - Price (80) and Specific Goal (20).

1. Phase 1: gatekeeping criteria

The bidder is required to comply with the gatekeeping criteria to be eligible for further evaluation. Failure to comply

with the gate-keeping criteria will result in the disqualification of the bid.

1.1 BOQ/Pricing Schedule

Completed BOQ/Pricing schedule Annexure F1 should be submitted.

2. Phase 2: bid conditions

The bidders must provide the following documentation with their bid proposals.

The bidders must provide the following documentation with their bid proposals. Should the bidder fail to submit at the

time of closing of the bid, bidder/s will be requested to re-submit the outstanding bid condition/s document(s) and

Failure to resubmit during the evaluation period will result in the disqualification of their bid.

2.1 Bidders Experience

Bidders must demonstrate experience in the supply and installation of pest control

Bidders to use attached Annexure BR as a template for purposes of completing the client reference letter

Annexure BR to be completed by bidders Clients, and for submission to SAPO.Bidders must submit one

minimum Annexure BR template from their clent.

2.2 Certificate of Competency

The pest control operator must have a Certificate of Competency for structural pest control from a

recognized and registered institution as per the jurisdiction of AgriSETA, Skills Development Act,

1998 (Act. ).Bidder must submit a proof of Certificate of Competency

2.3 Compensation for Occupational Injuries and Diseases (COIDA)

 The Bidder must submit proof that their company is registered for Compensation for Occupational Injuries

which may be sustained to ensure that the medical expenses incurred will be covered. or

 If the bidder is using the consultant/urgent/third party i.e. the certificate submitted must indicate the Certificate

no/CF Reg no.

2.4 Central Supplier Database

Bidders must be registered on the National Treasury Central Supplier Database (CSD). If the bidders are not

registered the bidder can register online at the following website www.csd.gov.za to upload mandatory infor-

mation as required

Note: That if your CSD indicate that you are government employees SAPO will not be able to conduct a

business with your company, your proposal will be disqualified

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2.5 SBD Forms

 Bidders must complete and submit SBD1 forms.

 Bidders must complete and submit SBD4 forms.

2.6 Tax compliance requirements

SAPO will not do business with a supplier who is not tax complaint. A CSD MAAA number provided by the bidder

on the SBD1 form, will enable SAPO to verify a bidder’s tax compliance status. Seven (7) working days for tax

compliance shall apply from the date the request was sent by SAPO.

2.7 Restricted Suppliers

SAPO shall disqualify bidders that are on the National Treasury list of restricted suppliers in all national treasury

platform

Phase 3:specific goals and commercial evaluation

3.1 Specific Goals

The specific goal that this project seeks is to appoint service provider/s that are as follows;

 At least ≥ 51% Black owned or more.

 At least ≥ 51% Youth owned.

 At least ≥ 51% Women owned.

 At least ≥ 1% owned by disabled person(s)

The following will be used to assess the specific goal;

 A SANAS accredited BEE Certificate OR

 Signed Sworn Affidavit attested by a Commissioner of Oaths (EMEs and QSEs) OR

 DTI BBBEE Certificate (EMEs and QSEs).

Note: Tenderers who do not submit specific goal requirements with their bid proposal submitted on the specified bid

closing date will not be disqualified from the bid evaluation process. Tenderers will not score points out of 20

for the specific goals, but zero (0) points will be scored.

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3.2 Commercial

The bid will be evaluated on either 80/20

Price (80) and Specific Goals (20)

Criteria Weight Sub-criteria

Total price 80/100 Benchmark against lowest quote

Contribution to Specific Goals 20/100 Points will be award to bidders goal table below:

Specific Goal Points Required Documents to be submitted for evaluation

Bidding Company is 10 BEE Certificate - SANAS accredited OR Signed Sworn Af-

≥51% Black owned or fidavit by a Commissioner of oaths (EMEs and QSEs).OR a

more. DTI BBBEE Certificate (EMEs and QSEs).

Bidding Company is 5 BEE Certificate - SANAS accredited OR Signed Sworn Af-

≥ 51% Youth owned fidavit by a Commissioner of oaths (EMEs and QSEs).OR a

DTI BBBEE Certificate (EMEs and QSEs).

Bidding Company is 3 BEE Certificate - SANAS accredited OR Signed Sworn Af-

≥ 51% women owned. fidavit by a Commissioner of oaths (EMEs and QSEs).OR a

DTI BBBEE Certificate (EMEs and QSEs).

Bidding Company is 2 BEE Certificate - SANAS accredited OR Signed Sworn Af-

≥1% owned by disabled fidavit by a Commissioner of oaths (EMEs and QSEs).OR a

person(s) DTI BBBEE Certificate (EMEs and QSEs).

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2. Annexure br

Client letterhead & details

Date: _______________

Client name: ________________________________________________

Herewith we, “the client” confirm that _____________________________________(Name of bidding company) has

successfully provided the following services as indicated below:

Description of work done Required Response from Client

Response

Indicate with X

Confirming the experience in the supply and installa- Yes No

tion of pest control

Note:This template must be completed by the bidders client

Signature: _________________________________________

Name of signatory: __________________________________________

Title of signatory: ___________________________________________

Contact Details: ___________________________________________

Email address: ___________________________________________

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2.1 The Bidder has attended a briefing session which is hosted by the Post Office, at which the Post Office shall

provide information to Bidders who wish to enter into discussions with the Post Office concerning a number

of issues pertaining to the possible provision of services by the Bidder to the Post Office, which discussions

may or may not result in the Post Office and the Bidder entering into an agreement, arrangements, discussions

or alliances.

2.2 During the briefing session and in negotiating the business relations, the Post Office shall disclose confidential

information relating to its business to the Bidder.

2.3 The Bidder agrees to be bound by the terms and to be subject to the conditions of this Confidentiality Agree-

ment.

3 confidential information

Confidential Information in respect of this Confidentiality Agreement shall include, but not be limited to, all oral, written,

printed, photographic and recorded information of all types that is:

3.1 Confidential or secret information relating to the commercial and financial activities of the Post Office, which

would include legal, financial, contractual or commercial arrangements between the Post Office group of com-

panies, customers and/or third parties;

3.2 Confidential information and details concerning current or prospective customers, suppliers, commercial as-

sociates and other parties with whom the Post Office enjoys a commercial relationship;

3.3 Proposed, impending or actual commercial transactions, arrangements, ventures, agreements or opportuni-

ties which are of a confidential or secret nature;

3.4 Trade secrets, operating procedures, quality control procedures, approximate operation personnel requirements,

descriptions, trade names, trademarks, know how, techniques, technology, copyright, and all goodwill relating to

the business and any other existing intellectual property rights or any intellectual property created as a result of

the provision of services;

3.5 Confidential or privileged information concerning disputes, claims, litigation or similar actions in which any party is

or may become involved; and

3.6 Any other information surrounding the nature of the discussions giving rise to this Confidentiality Agreement.

4 excluded information

There will be no obligation of confidentiality or restriction on the use of information where:

4.1 The information is publicly available, or becomes publicly available otherwise than by action of the Bidder; or

4.2 The information was already known to the Bidder (as evidenced by its written records) prior to its receipt under

this or any previous confidentiality agreement between the parties or their affiliates; or

4.3 The information was received from another party not in breach of an obligation of confidentiality.

5 non-disclosure

5.1 The Bidder acknowledges that the Confidential Information is a valuable and unique asset proprietary to the Post

Office.

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5.2 The Bidder agrees that it shall not disclose the Confidential Information to any third party for any reason or purpose

whatsoever without the prior written consent of the Post Office.

5.3 The Bidder may disclose the Confidential Information only to its directors and other officers, employees and pro-

fessional advisors agents and consultants only on a strictly need-to-know basis and on the terms and conditions

provided for in this Confidentiality Agreement.

5.4 The Bidder undertakes not to use the Confidential Information for any purpose other than:

5.4.1 That for which it is disclosed; and

5.4.2 In accordance with the provisions of this Confidentiality Agreement.

5.5 The Bidder undertakes to ensure that their employees will observe and comply with their obligations in respect

thereof, whether or not they remain employees of the Bidder.

5.6 The Bidder agrees that it shall only, where necessary, disclose the Confidential Information to its professional

advisers, agents and consultants, provided that such professional advisers, agents and consultants sign a similar

undertaking and that they are aware of the confidential nature of the information being made available to them.

5.7 The Bidder shall takes all steps necessary to procure that such professional advisers, agents and consultants

agree to abide by the terms of this Confidentiality Agreement to prevent the unauthorized disclosure of the Confi-

dential Information to third parties.

6 ownership

6.1 All Confidential Information disclosed by the Post Office to the Bidder is acknowledged by the Bidder to be pro-

prietary to the Post Office who shall retain all right, title and interest in and to that information.

6.2 The possession of the Confidential Information by the Bidder does not to confer any rights of whatever nature in

such Confidential Information to the Bidder.

6.3 No provision in this Confidentiality Agreement shall be interpreted to confer any right of license under any trade-

mark, patent or copyright, or any applications for such a trademark, patent or copyright which may be pending now

or in the future to the Bidder.

7 standard of care

The Bidder agrees that it shall protect the Confidential Information disclosed pursuant to the provisions of this Confidentiality Agreement using the same standard of care that it applies to its own proprietary, secret or confidential information, but in any event not less than a reasonable standard of care, and that the Confidential Information shall be

stored and handled in such a way as to prevent any unauthorized disclosure thereof.

8 return of confidential information

8.1 The Post Office may at any time request the return of the Confidential Information disclosed to the Bidder. Upon

the return of the Confidential Information, the Bidder shall submit a written statement to the Post Office confirming

that the Bidder has not retained in its possession or under its control, either directly or indirectly, any Confidential

Information.

8.2 Alternatively to the return of the material contemplated in clause 8.1 above, the Bidder shall, at the request of the

Post Office, destroy the Confidential Information and furnish the Post Office with a written statement to the effect

that all Confidential Information in the possession or under the control of the Bidder has been destroyed.

8.3 The Bidder shall comply with the request in terms of this clause 8 within forty-eight hours of receipt of such a

request.

9 breach

9.1 Any breach of any obligation or undertaking by the Bidder will constitute a material breach of this Confidentiality

Agreement.

9.2 The Bidder shall be liable to pay the Post Office all costs incurred in the protection of its interests in terms of this

Confidentiality Agreement on an attorney and own client scale.

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9.3 The Bidder acknowledges that the Post Office shall be entitled to apply to court for an interdict or other appropriate

relief against the Bidder, should the Post Office have any reasonable basis to believe that the Bidder is or may be

in breach of this Confidentiality Agreement and thus endangering the proprietary interests of the Post Office.

10 duration

The obligations undertaken by the Bidder in terms of this Confidentiality Agreement shall endure notwithstanding the

termination of this Confidentiality Agreement or notwithstanding that either party decides at any time, whether before

or after the commencement of this Confidentiality Agreement, not to pursue the discussions to enter into a business

relationship or that the relationship between the parties pursuant to those discussions is terminated for any reason

whatsoever

11 general

11.1 This Confidentiality Agreement constitutes the sole record of the agreement between the parties with regard to

the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty,

promise or the like not recorded herein.

11.2 No addition to, variation of, or agreed cancellation of this Confidentiality Agreement shall be of any force or

effect unless in writing and signed by or on behalf of the parties.

11.3 No relaxation or indulgence which the Post Office may grant to the Bidder shall constitute a waiver of the rights

of the Post Office and shall not preclude the Post Office from exercising any rights which may have arisen in

the past or which might arise in future.

11.4 The Bidder agrees and confirm by their signature to the RFQ Documents that any present and/or previous

discussions or correspondence shall, for purposes of this Confidentiality Agreement, be considered to be Con-

fidential Information.

11.5 An approval or consent given by a party under this Confidentiality Agreement shall only be valid if in writing and

shall not relieve the other party from responsibility for complying with the requirements of this Confidentiality

Agreement nor shall it be construed as a waiver of any rights under this Confidentiality Agreement except as

and to the extent otherwise expressly provided in such approval or consent, or elsewhere in this Confidentiality

Agreement.

Signature ....................................................................

Name of delegated signatory ................................................................

(PRINT) in his capacity of

Designation of signatory ....................................................................

(PRINT) who warrants his authority to sign on behalf of

Name of bidder (company) .....................................................................

Date ...................................................................

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C. Certificate of acquaintance with bid documents

I/We ________________________________________ of __________________________________ do hereby cer-

tify (Name of Company) that I/we acquainted myself/ourselves with the contents of all the documents listed in the

Schedule of Bid Documents, as laid down by The South African Post Office for carrying out of the proposed works.

SIGNED AT ________________________________ on this __________ day of _____________________ 20 ______

Signature : ______________________________________

Name of delegated signatory : ____________________________________

(PRINT) in his capacity of

Designation of signatory : ____________________________________

(PRINT) who warrants his authority to sign on behalf of the bidding company

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D. Specification

The Western Cape Post Office Property portfolio require services of a professional pest control professional

operator/ supplier in various buildings within the Western Cape region, as listed below

2. Objectives

To appoint a service provider for a once-off supply and installation of pest control of rodent, rats and mice bait

stations with bait, in operations floor, offices, toilets, security offices, change rooms, kitchens/ kitchenettes, can-

teen, etc.

3. Point of delivery of service

4. Legislative requirements

4.1 The service provider will be responsible for the provision of Pest Control rodent and mice bait stations in

accordance with these specifications, applicable legislation and regulations and industry standards, i.e. South

African Pest Control Service Association (SAPCA).

4.2 The service provider is expected to comply in full with all legislative requirements relating to the provision of

pest control service.

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4.3 As per industry regulations, any commercial application of a registered agricultural remedy (virtually all pes-

ticides) may only be carried out strictly in accordance with the instructions contained on the label and applied

under the direct (on site) supervision of a registered Pest Control Service operator.

4.4 The service provider’s procedures for the procurement, storage, handling, transporting, application and gen-

eral use of pest control service chemicals must comply with all applicable legislation and Provincial and Local

Authority rules, including but not restricted to:

4.4.1 Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 1947 (Act )

4.4.2 The Hazardous Substances Act (Act ).

4.4.3 The Environmental Conservation Act (Act ).

4.5 The pest control operator must have a Certificate of Competency for structural pest control from a recog-

nized and registered institution as per the jurisdiction of AgriSETA, Skills Development Act, 1998 (Act. )

4.6 It is compulsory for potential suppliers to visit site to ascertain requirements as detailed below according to

their expert analysis.

Note to supplier:

Descriptions below are indicative of the work required to be executed on site. It is the responsibility of the sup-

plier to allow in pricing for all necessary works, equipment and material required for the successful completion

of the service as per industry standard.

5.1 The areas as indicated below are to be installed with bait stations fixed into position with bait filled up

for : Mice, Rats, Rodents.

5.2 Specific specifications – Frequency

Office Areas and Building Perimeter

• All bait boxes and dispensers are to remain the property of the South African Post Office (SAPO) after installation

RFQ 26-27-76_ Western Region_Pest Control of 25

11.1 The South African Post Office reserves the right to reject and /or disqualify any proposal:

11.1.1 Received without all the data and information requested.

11.1.2 Submitted after the stated submission deadline [closing date]

11.1.3 Which does not conform to instructions and specifications detailed herein;

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11.2 That fails to comply with the specification.

11.2.1 That contains any information that is found to be incorrect or misleading in anyway.

11.2.2 Such non-compliant bids shall be rejected without further evaluation, provided that SAPO believes,

in its own discretion, that the non-compliance is minor then SAPO may continue with the evaluation,

or seek clarification thereon or reject the bid.

11.3 The South African Post Office reserves the right:

11.3.1 Not to award or cancel this RFQ at any time and shall not be bound to accept the highest scoring

or any bid.

11.3.2 To negotiate with one or more Preferred or Reserved Bidders identified in the evaluation process,

regarding any terms and conditions, including price without offering the same opportunity to any

other Bidder who has not been awarded the status of the Preferred or Reserved Bidder.

11.3.3 To accept part of a bid rather than the whole bid.

11.3.4 To split the award of the bid between two or more Bidders.

11.3.5 To cancel and/or terminate the bid process at any stage, including after the Closing Date and/or

after presentations have been made, and/or after bids have been evaluated and/or after the Pre-

ferred Bidders and Reserved Bidders have been notified of their status as such.

11.3.6 To carry out site inspections, product evaluations or explanatory meetings in order to verify the

nature and quality of the Services bidded for, whether before or after adjudication of the bid.

11.3.7 Request audited financial statements or other documentation for the purposes of a due diligence

exercise;

11.3.8 to cancel the contract and/request that National Treasury place the Respondent on its Database of

Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded

on the strength of incorrect information furnished by the Respondent or on any other basis recog-

nised in law;

11.3.9 To award the bid to a Bidder who is not the highest scoring Bidder, provided that an objective

criteria was indicated in the evaluation criteria.

11.3.10 To correct any mistakes at any stage of the bid that may have been in the bid documents or oc-

curred at any stage of the bid process.

11.3.11 To award the business to the next highest scoring bidder(price and specific goal), provided that

he/she is still prepared to provide the required Goods/Services at the quoted price, should the

preferred bidder fail to sign or commence with the contract within a reasonable period after being

requested to do so. Under such circumstances, the validity of the bids of the next ranked bidder(s)

will be deemed to remain valid, irrespective of whether the next ranked bidder(s) were issued with

a Letter of Regret. Bidders may therefore be requested to advise whether they would still be pre-

pared to provide the required Goods/Services at their quoted price, even after they have been

issued with a Letter of Regret.

11.4 No attempts may be made, whether directly or indirectly, to canvass any member of SAPO staff before the

award of the contract. Any enquiries must be referred, in writing, to the specified person(s).

Pricing schedule/bill of quantities

Name of bidder / supplier.........................................

Bidders shall:

a) Bidders shall quote rates that include the cost of all labour, equipment, materials and consumables,in-

surance required to execute the service.

b) Bidders shall quote rates that include value added tax;

c) Bidders must bid/quote for all items in the pricing schedule. It is compulsory that the pricing schedule

be completed fully and correctly.

d) Bidders will not be requested to correct the prices after the closing of the bid. Incomplete pricing will

deem non responsive bid and will not be considered in the evaluation process.

e) For purpose of Vat Bidders are requested to use 15% VAT

f) Where a specific brand is mentioned in the specification, a similar product or item will suffice, provided

it meets the required specifications.

Western Region: Pest Control

RFQ 26-27-76_ Western Region_Pest Control of 25

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4. Returnable document(s)

Returnable Documents means all the documents, and Annexures, as listed in the tables below. There are three types

of returnable documents as indicated below and Respondents are urged to ensure that these documents are returned

with their bids. The section contains bookmarks for ease of reference.

Administrative Documents

Respondents are required to submit with their bid submissions the following Administrative Documents, and also con-

firm submission of these documents by so indicating [Yes or No] in the tables below

Administrative Returnable Documents Submitted

[Yes or No]

Completed SBD 1

Completed SBD 4

Completed Confidentiality and Non-Disclosure

Completed Certificate of Acquaintance with bid Require-

ments

Latest CSD Report / MAAA number

Evaluation Documents:

Gatekeeping Documents

The bidder is required to comply with the gatekeeping criteria to be eligible for further evaluation.

Failure to comply with the gate-keeping criteria will result in the disqualification of the bid.

Gatekeeping Returnable Documents Submitted

[Yes or No]

BOQ/Pricing Schedule : Annexure F1

Bid Conditions Returnable Documents Submitted

[Yes or No]

Compensation for Occupational Injuries and Diseases (COIDA)

Completed and signed Annexure BR

Certificate of Competence: AgriSETA

Points for Specific Goals

Tenderers who do not submit specific goal requirement will not be disqualified from the bid process, but they will score

zero (0) points out of 10/20 for the specific goal.

Required Documents to be submitted for evaluation Submitted

[Yes or No]

Valid BBBEE Certificate - SANAS accredited OR Signed Sworn Affida-

vit by a Commissioner of oaths (EMEs and QSEs) OR a DTI BBBEE

Certificate (EMEs and QSEs).

Joint Venture (i.e. incorporate/unincorporated), a consolidated BEE

certificate must be submitted to earn the relevant point(s).

RFQ 26-27-76_ Western Region_Pest Control of 25

plier to allow in pricing for all necessary works, equipment and material required for the successful completion

of the service as per industry standard.

5. Specification

5.1 The areas as indicated below are to be installed with bait stations fixed into position with bait filled up

for : Mice, Rats, Rodents.

5.2 Specific specifications – Frequency

with the gate-keeping criteria will result in the disqualification of the bid.

1.1 BOQ/Pricing Schedule

Completed BOQ/Pricing schedule Annexure F1 should be submitted.

2. Phase 2: bid conditions

tion of pest control

Note:This template must be completed by the bidders client

Signature: _________________________________________

Name of signatory: __________________________________________

Title of signatory: ___________________________________________

Contact Details: ___________________________________________

Email address: ___________________________________________

RFQ 26-27-76_ Western Region_Pest Control of 25

3. Pricing schedule

a) Bidders shall quote rates that include the cost of all labour, equipment, materials and consumables,in-

surance required to execute the service.

b) Bidders shall quote rates that include value added tax;

c) Bidders must bid/quote for all items in the pricing schedule. It is compulsory that the pricing schedule

be completed fully and correctly.

d) Bidders will not be requested to correct the prices after the closing of the bid. Incomplete pricing will

deem non responsive bid and will not be considered in the evaluation process.

e) For purpose of Vat Bidders are requested to use 15% VAT

f) Where a specific brand is mentioned in the specification, a similar product or item will suffice, provided

it meets the required specifications.

Western Region: Pest Control

Pricing Schedule:

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4. Returnable document(s)

[Yes or No]

BOQ/Pricing Schedule : Annexure F1

5.2 Proposals must be submitted through E-mail. It is the bidder’s sole responsibility to ensure that the bid has been

emailed and received by no later than the 2026/09/15 11:00am. Proposals received after the stipulated bid closing

date and time will not be considered for bid evaluation purposes.

5.3 Any amendments to the proposal documents, whether erasures or by means of correction fluid (e.g. Tippex),

must be initialled by the bidder.

5.4 All documents and correspondence must be in English, failure to comply, the bid proposal will not be evaluated.

5.5 Pricing schedule must be completed in South African Rands (ZAR). Failure to provide the bid in South African

6.1 Hand delivered proposals must be delivered sealed. The following information shall appear on the outside of the

sealed proposal:

6.1.1 Name of bidder;

6.1.2 Description of proposal;

6.1.3 RFQ number;

6.1.4 Closing date and time;

6.1.5 Name of person for whose attention the proposal is intended; and

RFQ 26-27-76_ Western Region_Pest Control of 25

6.1.6 The name and address of the Bidder must be written on the reverse side of the proposal / envelope.

4.4.1 Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 1947 (Act )

4.4.2 The Hazardous Substances Act (Act ).

4.4.3 The Environmental Conservation Act (Act ).

4.5 The pest control operator must have a Certificate of Competency for structural pest control from a recog-

nized and registered institution as per the jurisdiction of AgriSETA, Skills Development Act, 1998 (Act. )

4.6 It is compulsory for potential suppliers to visit site to ascertain requirements as detailed below according to

their expert analysis.

Sbd1 - invitation to bid ............................................................................................................................ 1

Sbd4 - bidder’s disclosure .................................................................................................................... 3

A. Scope of supply and specific instructions ......................................................................... 3

B. Confidentiality and non-disclosure agreement ............................................................. 11

C. Certificate of acquaintance with bid documents ........................................................... 14

D. Specification ................................................................................................................................... 15

E. Evaluation criteria ...................................................................................................................... 17

F. Annexure br..................................................................................................................................... 20

G. Pricing schedule ........................................................................................................................... 21

H. Returnable document(s) ............................................................................................................ 25

Sbd1 - invitation to bid

when used in this Confidentiality Agreement, bear the meanings ascribed to them:

1.1 “Bidder” shall mean any person who attends the briefing session and/or any entity which is represented at the

briefing session whose details and signature are set out in the attendance register;

1.2 “Confidentiality Agreement” shall mean this confidentiality Agreement; and

1.3 “Post Office” shall mean the South African Post Office, a public company with limited liability duly incorporated

in accordance with company laws of the Republic of South Africa with registration number 1991/005477/06.

2 introduction

2.1 The Bidder has attended a briefing session which is hosted by the Post Office, at which the Post Office shall

provide information to Bidders who wish to enter into discussions with the Post Office concerning a number

of issues pertaining to the possible provision of services by the Bidder to the Post Office, which discussions

may or may not result in the Post Office and the Bidder entering into an agreement, arrangements, discussions

or alliances.

2.2 During the briefing session and in negotiating the business relations, the Post Office shall disclose confidential

information relating to its business to the Bidder.

2.3 The Bidder agrees to be bound by the terms and to be subject to the conditions of this Confidentiality Agree-

ment.

printed, photographic and recorded information of all types that is:

3.1 Confidential or secret information relating to the commercial and financial activities of the Post Office, which

would include legal, financial, contractual or commercial arrangements between the Post Office group of com-

panies, customers and/or third parties;

3.2 Confidential information and details concerning current or prospective customers, suppliers, commercial as-

sociates and other parties with whom the Post Office enjoys a commercial relationship;

3.3 Proposed, impending or actual commercial transactions, arrangements, ventures, agreements or opportuni-

ties which are of a confidential or secret nature;

3.4 Trade secrets, operating procedures, quality control procedures, approximate operation personnel requirements,

descriptions, trade names, trademarks, know how, techniques, technology, copyright, and all goodwill relating to

the business and any other existing intellectual property rights or any intellectual property created as a result of

the provision of services;

3.5 Confidential or privileged information concerning disputes, claims, litigation or similar actions in which any party is

or may become involved; and

3.6 Any other information surrounding the nature of the discussions giving rise to this Confidentiality Agreement.

4.1 The information is publicly available, or becomes publicly available otherwise than by action of the Bidder; or

4.2 The information was already known to the Bidder (as evidenced by its written records) prior to its receipt under

this or any previous confidentiality agreement between the parties or their affiliates; or

4.3 The information was received from another party not in breach of an obligation of confidentiality.

RFQ 26-27-76_ Western Region_Pest Control of 25

5.2 The Bidder agrees that it shall not disclose the Confidential Information to any third party for any reason or purpose

whatsoever without the prior written consent of the Post Office.

5.3 The Bidder may disclose the Confidential Information only to its directors and other officers, employees and pro-

fessional advisors agents and consultants only on a strictly need-to-know basis and on the terms and conditions

provided for in this Confidentiality Agreement.

5.4 The Bidder undertakes not to use the Confidential Information for any purpose other than:

5.4.1 That for which it is disclosed; and

5.4.2 In accordance with the provisions of this Confidentiality Agreement.

5.5 The Bidder undertakes to ensure that their employees will observe and comply with their obligations in respect

thereof, whether or not they remain employees of the Bidder.

5.6 The Bidder agrees that it shall only, where necessary, disclose the Confidential Information to its professional

advisers, agents and consultants, provided that such professional advisers, agents and consultants sign a similar

undertaking and that they are aware of the confidential nature of the information being made available to them.

5.7 The Bidder shall takes all steps necessary to procure that such professional advisers, agents and consultants

agree to abide by the terms of this Confidentiality Agreement to prevent the unauthorized disclosure of the Confi-

dential Information to third parties.

6.1 All Confidential Information disclosed by the Post Office to the Bidder is acknowledged by the Bidder to be pro-

prietary to the Post Office who shall retain all right, title and interest in and to that information.

6.2 The possession of the Confidential Information by the Bidder does not to confer any rights of whatever nature in

such Confidential Information to the Bidder.

6.3 No provision in this Confidentiality Agreement shall be interpreted to confer any right of license under any trade-

mark, patent or copyright, or any applications for such a trademark, patent or copyright which may be pending now

or in the future to the Bidder.

9.1 Any breach of any obligation or undertaking by the Bidder will constitute a material breach of this Confidentiality

RFQ 26-27-76_ Western Region_Pest Control of 25

9.3 The Bidder acknowledges that the Post Office shall be entitled to apply to court for an interdict or other appropriate

relief against the Bidder, should the Post Office have any reasonable basis to believe that the Bidder is or may be

in breach of this Confidentiality Agreement and thus endangering the proprietary interests of the Post Office.

termination of this Confidentiality Agreement or notwithstanding that either party decides at any time, whether before

or after the commencement of this Confidentiality Agreement, not to pursue the discussions to enter into a business

relationship or that the relationship between the parties pursuant to those discussions is terminated for any reason

whatsoever

11.1 This Confidentiality Agreement constitutes the sole record of the agreement between the parties with regard to

the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty,

promise or the like not recorded herein.

11.2 No addition to, variation of, or agreed cancellation of this Confidentiality Agreement shall be of any force or

effect unless in writing and signed by or on behalf of the parties.

11.3 No relaxation or indulgence which the Post Office may grant to the Bidder shall constitute a waiver of the rights

of the Post Office and shall not preclude the Post Office from exercising any rights which may have arisen in

the past or which might arise in future.

11.4 The Bidder agrees and confirm by their signature to the RFQ Documents that any present and/or previous

discussions or correspondence shall, for purposes of this Confidentiality Agreement, be considered to be Con-

fidential Information.

11.5 An approval or consent given by a party under this Confidentiality Agreement shall only be valid if in writing and

shall not relieve the other party from responsibility for complying with the requirements of this Confidentiality

and to the extent otherwise expressly provided in such approval or consent, or elsewhere in this Confidentiality