INVITATION TO TENDER

Transcription

1 INVITATION TO TENDER 1. The Road Accident Fund ("RAF") invites bidders to submit bids to supply, install, configuration of Network Switches, Firewall, CAT6 and Fiber cabling. 2. This bidding document is provided to bidders free of charge. 3. The RAF has delegated responsibility for this bidding document to its representative whose name appears in the Bid Data. 4. The submission of a bid in response to this bidding document will be deemed to be acceptance of the RAF's standard Conditions of Tender. 5. We look forward to receiving and evaluating your tender. Yours faithfully Jackie Tjempe RAF Procurement Date: 25 November 2013 INVITATION TO TENDER Page 1 of 85 41

2 SECTION 1 BID DATA EMPLOYER: The Road Accident Fund ("RAF") RFP NUMBER: RAF/2013/00041 DESCRIPTION: REQUEST FOR BID SUPPLY, INSTALL,CONFIGURATION OF NETWORK SWITCHES, FIREWALL,CAT 6 AND FIBRE CABLING FOR THE SERVERS INCLUDING TERMINATION ROOM FOR ROAD ACCIDENT FUND DATE OF PUBLICATION: 25 th November 2013 BID VALIDITY PERIOD: 90 days from the Bid Closing Date BID CLOSING DATE: 17 th December 2013 BID CLOSING TIME: 11h00 BRIEFING SESSION Date: 29 th November 2013 Time: 11h00 Venue: RAF Head office C/O Witchazel/ Olievenhoutbosc Eco Glades II Block F Highveld Park Centurion TENDERS MUST BE HAND RAF Head office DELIVERED OR COURIERED TO: C/O Witchazel/ Olievenhoutbosc Eco Glades II Block F Highveld Park Centurion (at reception, on the lower ground level) Attention: RAF's Representative mentioned below RAF'S REPRESENTATIVE Jackie Tjempe: JackieT@raf.co.za NB: Bidders must ensure that they sign the register at the reception when delivering their bids This bidding document consists of the following documents: Section 1: Bid Data Section 2: Instructions to Bidders Section 3: 3.1 Bidder's Particulars 3.2 Checklist for documents to be submitted 3.3 Pro forma documents Black Economic Empowerment Certificate (SBD 6.1) Tax Clearance Declaration of Interest INVITATION TO TENDER Page 2 of 85 41

3 SECTION 1 BID DATA Section 4: Section 5: Pricing Schedule Declaration of Bidder Past Supply Chain Management Certificate of Independent Bid Determination Vendor creation/update request Pro forma performance bond Conditions of Contract 4.1 General Conditions of Contract 4.2 Special Conditions of Contract 4.3 Contract Form Specification INVITATION TO TENDER Page 3 of 85 41

4 SECTION 2 INSTRUCTIONS TO BIDDERS 1. GENERAL 1.1. Bidders must ensure that bids are delivered, by hand or by courier, on time to the correct address. The bid closing time and date, as well as the delivery address, are furnished in Section 1 Bid Data. No bids shall be accepted or considered if it was delivered after the bid closing time and date. Bidders are to note that the bid closing time shall be as per the clock that is located in the reception area at the address of the RAF that is furnished in Section 1 Bid Data. The RAF shall not accept responsibility for any delays caused by couriers in delivering bids. The RAF reception is accessible between 07h45 to 16h00, 5 days a week (Monday to Friday), excluding public holidays. Bidders must ensure that they sign the register at the reception when delivering bids. Bidders must advise their couriers of the instruction above to avoid misplacement of bid responses All bids must be submitted on the official forms that are included in this bidding document. No forms are to be retyped. All forms must be filled in electronically or by manuscript. Only bids with the original signature in black ink shall be accepted. Additional or alternative offers against any item should be made on a photocopy of the page in question. In other words, bidders should return their bids as per the requirements of this bidding document, but in the event that bidders want to offer additional or alternative bids, then such bids may be included in addition to the bid as per the requirements of this bidding document Black ink must be used when completing bids in manuscript The bidder's name and address must clearly appear on the outside of the bidding documents submitted to the RAF Bidders must verify the number of the pages to satisfy themselves that no pages are missing or duplicated. The RAF will accept no liability in regard to incomplete or duplicated sections of the bidding document All the pages that form part of this bidding document must be returned by bidders. All information must be furnished. In the event that certain information is not applicable to a bidder, then such section must be clearly marked "N/A" Bidders are to complete the bidder's name in Section 3 Bidder's Particulars. Bidders must indicate what the bidder's corporation structure is, if applicable, i.e. (Pty) Limited company, close corporation, joint venture, etc. In the event that the bidder is a joint venture, the names and company structures of the individual members of the joint venture need to be furnished. INVITATION TO TENDER Page 4 of 85 41

5 SECTION 2 INSTRUCTIONS TO BIDDERS 1.8. The RAF shall not take cognisance of any terms and conditions, contract or other contractual documents which a bidder wishes to govern any contractual relationship which may result from this bidding document. Bidders' attention is drawn to the conditions of contract that will govern such contractual relationship, which are contained in Section 4 Conditions of Contract No contract shall exist between the RAF and any bidder until such time as the RAF has notified the successful bidder that its bid has been accepted and the Contract Form is signed by the RAF Should a bidder be of the view that the bidding document or any specific requirement is unclear or contains inconsistencies, this must be brought to the attention of the RAF, by to its representative whose name and address appears in the Bid Data, before the closing date of the tender Should a bidder have reasons to believe that the Specifications are not open and/or are written for a particular brand or product, the bidder shall notify the RAF, by to its representative whose name and address appears in the Bid Data, within ten (10) days after publication of this bidding document The RAF reserves the right to consider any bid that does not strictly comply with the requirements of this bidding document The RAF reserves the right to make a selection solely on the information received in the bids or to negotiate further with one or more bidder/s The RAF reserves the right: to cancel this bidding document at any time; not to accept any bids; to accept one or more bids for further negotiation and; to contact any bidder during the evaluation period, to clarify information only, without informing any other bidder This bidding document is the intellectual property of the RAF, and shall be treated as being confidential Should the RAF consider it necessary, any bidder may be requested to consent that the RAF inspects the bidder's resources, premises and works. Such consent shall not be unreasonably withheld All details, dimensions and instructions shown on any drawings, diagrams and specifications quoted or referenced, shall be considered to form part of this bid bidding document. INVITATION TO TENDER Page 5 of 85 41

6 SECTION 2 INSTRUCTIONS TO BIDDERS In the event that modifications, clarifications or additions to the bidding document become necessary, all bidders will be notified, in writing, and if necessary an addenda to this bidding document will be issued to all bidders All costs incurred in the preparation, presentation and demonstration of bids shall be for the account of the bidder. All supporting documentation and manuals submitted with the bidding document will become the property of the RAF unless otherwise stated by the bidder at the time of submission of its bid The RAF will respond via the RAF website on 03 December 2013 to requests for clarifications that are received by the RAF, by to its representative whose name and address appears in the Bid Data, up to 11h00 on 29 November Any material submitted by a bidder which is considered to be confidential in nature, must be clearly marked as such By submitting a bid in response to this bidding document, the bidder acknowledges that its bid shall remain binding upon it and open for acceptance by the RAF during the Bid Validity Period indicated and calculated from the Bid Closing Time and Bid Closing Date The laws of the Republic of South Africa shall govern this procurement process and the contract created by the acceptance of any bid, and the bidder chooses its domicilium citandi et executandi in the Republic of South Africa as indicated in Section 3.1 Bidder's Particulars By submitting a bid in response to this bidding document, the bidder accepts that the RAF is under no obligation to award a contract to any bidder, and that that RAF is free to withdraw this bidding document without awarding a contract to any bidder The RAF reserves the right to extend the Bid Validity Period specified in the Bid Data at any time at its sole election, provided that Bidders shall be allowed the opportunity to submit a revised pricing schedule, or withdraw its bid. 2. SUBMISSIONS Copies Required It is a condition that the Bidder/s shall furnish an offer comprising of one original plus 2 (Two) copies and pricing schedule on CD for the supply of products and services enumerated in this Request for Bid Document. The Bidder/s shall ensure that all the relevant information and documentation is submitted with the original as well as the copies. RAF shall not be liable should it become evident that a Bidder/s INVITATION TO TENDER Page 6 of 85 41

7 SECTION 2 INSTRUCTIONS TO BIDDERS offer/s is/are not accepted and the reason for such non-acceptance is as a result of the Bidder/s failure to include the information in all three copies. Furthermore, the Bidder(s) are required to submit their information files and information on the CD- ROM must be to be labeled and also to be submitted in the following format: FILE1 Section 1 Pre-qualification documents (SBD documents) Section 2 Technical Responses Supporting documents for technical responses References/testimonials Section 3 Company profile Supplementary information Section 4 General Conditions of Contract (GCC) Supply Service Agreement(SCC) FILE 2 Section 1 BEE Certificate Section 2 Pricing Schedule 3 years audited/ reviewed financial statements Each file and CD-ROM must be marked correctly and sealed separately for easy reference during the evaluation process. 3. EVALUATION 3.1. Responsive bids will be evaluated against the following criteria: Compliance to the Specification (Mandatory where applicable and Technical / Functional Criteria); and INVITATION TO TENDER Page 7 of 85 41

8 SECTION 2 INSTRUCTIONS TO BIDDERS Price & B-BBEE Only bids that satisfy the technical requirements, i.e. which comply with the Specification, shall be evaluated in respect of B-BBEE and price. The requirements in respect of compliance to the Specification are mandatory requirements if these criteria are not satisfied bids will not be evaluated further The assessment of the B-BBEE criteria in respect of a trust, consortium or joint venture will be performed in accordance with the provisions set out in paragraph 5.4 and 5.5 of section Evaluation Criteria 1: Compliance with the Specification Bidders must meet the following technical mandatory criteria. Bidders who do not meet all the functional/technical mandatory criteria shall be disqualified: 4. Mandatory 3.1 Comply The service provider must be CISCO, Enterasys accredited reseller. Not Comply Please provide accreditation letter from CISCO, Enterasys to confirm that you their accreditation Substantiate / Comments INVITATION TO TENDER Page 8 of 85 41

9 SECTION 2 INSTRUCTIONS TO BIDDERS 3.3 Comply Not Comply The bidder must confirm that they have read and understood the contract terms set out in section 4, which terms and conditions the bidder accepts, in the event that the RAF awards the contract to the bidder pursuant to this bid. Substantiate / Comments 3.4 Comply Not Comply The bidder must sign the Contract Form (section 4.3) without making any amendments to the contract terms. Failure to comply will result in the bid being deemed to be non-responsive and the bid shall be disqualified. Substantiate / Comments 3.5 Comply Not Comply The bidder agrees to comply with the Technical specification. Failure to comply will result in the bid being deemed to be non-responsive and the bid shall be disqualified. Substantiate / Comments Bidders need to demonstrate that they are capable of fulfilling the below technical functional criteria. Bidders who achieve a score of 60 points and above out of 100 points in respect of technical functional criteria will be further evaluated in terms of price and B-BBEE: INVITATION TO TENDER Page 9 of 85 41

10 SECTION 2 INSTRUCTIONS TO BIDDERS Technical / Functional Criteria Experience of the Company with Enterasys Weightings 30% Bidders are requested to send the attached reference questionnaire to 3 of their clients where they have supplied, install, configuration and commission of Enterasys network switches. Bidders must make sure that the reference questionnaire is signed and the contact details are fully completed. The contact details must include the contact number and the address of the referee as this information will be used by the RAF to verify all references submitted. Note: The RAF will verify the information provided and if your referee does not confirm the information provided the reference will not be considered. Substantiate / Comments Experience of the Company with CISCO 30% Bidders are requested to send the attached reference questionnaire to 3 of their clients where they have supplied, install, configuration and commission of Cisco ASA firewall. Bidders must make sure that the reference questionnaire is signed and the contact details are fully completed. The contact details must include the contact number and the address of the referee as this information will be used by the RAF to verify all references submitted. Note: The RAF will verify the information provided and if your referee does not confirm the information provided the reference will not be considered. Substantiate / Comments Project Implementation Plan and Deliver timelines 30 % The service provider must provide RAF with a detailed project implementation plan of how the required service will be deployed to the RAF and delivery of the servers within six (6) weeks. Fourteen(14) day Installation plan should include for INVITATION TO TENDER Page 10 of 85 41

11 SECTION 2 INSTRUCTIONS TO BIDDERS Technical / Functional Criteria Weightings example the following: Assemble, install and configuration of the required network switches, firewall, CAT6 and fibre cabling. Substantiate / Comments Methodology and Detail configuration manual 10% The service provider should submit a detail configuration plan document on sign off of installation based on scope technical specification. Substantiate / Comments INVITATION TO TENDER Page 11 of 85 41

12 RAF REFERENCE QUESTIONAIRE REFERENCE QUESTIONAIRE FOR RAF/2013/00041: REQUEST FOR BID SUPPLY, INSTALL,CONFIGURATION ODF NETWORK SWITCHES, FIREWALL,CAT 6 AND FIBRE CABLING FOR THE SERVERS INCLUDING TERMINATION ROOM FOR ROAD ACCIDENT FUND Thank you for making time to respond to this questionnaire. The Road Accident Fund (RAF) is a statutory body that, in terms of the provisions of the Road Accident Fund Act, 1996 (Act 56 of 1996), exists to provide cover to all persons within the borders of South Africa for loss or damage resulting from death or bodily injury caused by the negligent driving of motor vehicles within the borders of the country. We would like to do a reference check that will take approximately 15 minutes of your time. Your assistance will help us in making the final decision for the appointment of the bidder. This information will be treated as confidential. Kindly indicate the type of Solution deployed and size: Kindly indicate which service the bidder provided to you: Supply of Enterasys Switches including installation, configuration and cabling Supply of Cisco ASA Firewall including installation, configuration and cabling On a scale of 1 to 5 how do you rate this company on the following areas? 1. Skills of the resources used 1. Poor 2. Below Average 3. Average 4. Good 5. Very Good Comments: 2. Quality of the work done 1. Poor INVITATION TO TENDER Page 12 of 85 41

13 RAF REFERENCE QUESTIONAIRE 2. Below Average 3. Average 4. Good 5. Very Good Comments: 3. Professionalism of the person rendering the service to you 1. Poor 2. Below Average 3. Average 4. Good 5. Very Good Comments: 4. Completing of the work within agreed time frames 1. Poor 2. Below Average 3. Average 4. Good 5. Very Good Comments: INVITATION TO TENDER Page 13 of 85 41

14 RAF REFERENCE QUESTIONAIRE 5. Overall satisfaction of the work done 1. Poor 2. Below Average 3. Average 4. Good 5. Very Good Comments: 6. How likely will you employ the company in future should you require similar services? 1. Highly unlikely 2. Unlikely 3. Possibly 4. Likely 5. Highly likely Comments: 7. General Comments Company Name: Contact Person Name: Contact Person Position: Contact Number: Address: Signature: Thank you very much for your time. INVITATION TO TENDER Page 14 of 85 41

15 SECTION 2 INSTRUCTIONS TO BIDDERS 4.1. Evaluation Criteria 2: Price & B-BBEE The evaluation for Price and B-BBEE shall be based on the 80/20 PPPFA principle and the points for evaluation criteria are as follows: Evaluation Criteria Points 1. Price Black Economic Empowerment 20 Total The price will be evaluated by comparing the bidder's price with the prices of other bidders, and based on such comparison to allocate scores to each bidder The RAF has established a programme of economic empowerment in its procurement strategies. In this regard, bidders are required to indicate their involvement, current and planned, with black businesses and professionals. This will form an important part of the evaluation criteria to be used. The RAF reserves the right to request all relevant information, agreements and other documents to verify information supplied in response hereto. INVITATION TO TENDER Page 15 of 85 41

16 SECTION BIDDER S PARTICULARS THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN THE BID BEING REGARDED AS NON-RESPONSIVE) BIDDER'S PARTICULARS (all bidders to complete this section) Bidder's name Indicate the bidder's status by marking with an X : Natural person Company Close corporation Joint venture Consortium Other Registration number / identity number VAT registration number Contact person Telephone number Fax number address Postal address Physical address If Joint Venture or Consortium, indicate the following in respect of each JV / Consortium member: Name of member Registration number VAT registration number Contact person Telephone number Fax number address Postal address Physical address If the bidder intends employing subcontractors, indicate the following in respect of each subcontractor: INVITATION TO TENDER Page 16 of 85 41

17 SECTION BIDDER S PARTICULARS Name of subcontractor Registration number VAT registration number Contact person Telephone number Fax number address Postal address Physical address INVITATION TO TENDER Page 17 of 85 41

18 SECTION DOCUMENT CHECKLIST Please tick in the relevant block below. The pro forma documents, where applicable, are to be located at the end of this checklist. In the event that any of the documents below are not applicable to the bidder, this should be indicated by "N/A". Document Yes No One original completed tender submission with four copies (clearly marked as original and copy 1 of 4, 2 of 4, 3 of 4 and 4 of 4) Original and valid SARS Tax Clearance Certificate (IRP 20) (In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate.) Proof of authority to sign bidding documents Certified copy of VAT registration certificate (VAT 103) if the bidder qualifies as a VAT vendor (applicable to South African bidders) Audited past three years' annual financial statements with signed audit report in case of a company. Bidders to note that in the case of a joint venture, audited financial statements of each member are required, OR past three years' annual financial statements prepared by an independent accountant in case of a close corporation. Bidders to note that in the case of a joint venture, annual financial statements of each member are required Original certified copies (copy with original stamp) of your CIPRO/CIPC company registration documents listing all members with percentage member s interest, in case of a close corporation (To be provided by all members of Consortia / Joint Ventures / Sub-contractors.) Original certificate of good standing or proof of application issued by the Compensation Fund (COID) or a licensed compensation insurer (South African bidders only) (To be provided by all members of Consortia / Joint Ventures / Sub-contractors.) B-BBEE certificate by an accredited verification agency (South African bidders only) (To be provided by all members of Consortia / Joint Ventures / Sub-contractors.) Confirmation of vendor registration with the RAF, if already registered Proof of CIDB (Construction Industry Development Board) registration, if applicable Schematic representation of bidder structure, indicating holding company, shareholders, members, affiliates, franchisees, etc, as applicable Shareholding / membership breakdown per race, gender and percentage shareholding with shareholders of the bidding company who are not individuals Declaration of interest (To be provided by all members of Consortia / Incorporated or Unincorporated Joint Ventures / Sub-contractors.) If the bidder is a joint venture, consortium or other unincorporated grouping of two or more persons / entities, a copy of the joint venture agreement between the members Completed price schedule with detailed breakdown Signed Instructions to Bidders (Section 2) Completed Bidder's Particulars (Section 3) Details of the entities or financial institutions which the bidder intends to approach to issue the bonds, if applicable Kindly take note that: 1. Should all of the applicable documents not be included, the bidder may be disqualified on the basis of non-responsiveness. 2. The above documents must be submitted for all members of a joint venture or consortium, if applicable. BIDDER NAME: INVITATION TO TENDER Page 18 of 85 41

19 SECTION DOCUMENT CHECKLIST Signed Name in Print Capacity Date INVITATION TO TENDER Page 19 of 85 41

20 SECTION PRO FORMA DOCUMENTS The following pro forma documents are provided in this section, and should be completed by bidders, as applicable: Form number Document SBD Reference B-BBEE verification certificate Tax clearance Declaration of interest Pricing schedule Declaration of bidder past supply chain management Certificate of independent bid determination Vendor creation/update request Pro forma performance bond (Not applicable to this Bid) INVITATION TO TENDER Page 20 of 85 41

21 SECTION PRO FORMA DOCUMENTS B-BBEE VERIFICATION CERTIFICATE PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, GENERAL CONDITIONS 1.1. The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R (all applicable taxes included) The value of this bid is estimated to exceed R (all applicable taxes included) and therefore the 90/10 system shall be applicable Preference points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contribution The maximum points for this bid are allocated as follows: POINTS PRICE B-BBEE STATUS LEVEL OF CONTRIBUTION 20 Total points for Price and B-BBEE must not exceed Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. INVITATION TO TENDER Page 21 of 85 41

22 SECTION PRO FORMA DOCUMENTS B-BBEE VERIFICATION CERTIFICATE 2. DEFINITIONS 2.1. all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; 2.2. B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad - Based Black Economic Empowerment Act; 2.3. B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; 2.4. bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 2.5. bidder means any person, including a consortium or joint venture, who submits a bid; 2.6. Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.7. comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.8. consortium or joint venture means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.9. contract means the agreement that results from the acceptance of a bid by an organ of state; EME means any enterprise with an annual total revenue of R5 million or less Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; functionality means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, INVITATION TO TENDER Page 22 of 85 41

23 SECTION PRO FORMA DOCUMENTS B-BBEE VERIFICATION CERTIFICATE taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; non-firm prices means all prices other than firm prices; person includes a juristic person; rand value means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties; sub-contract means the primary contractor s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; total revenue bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1. The bidder obtaining the highest number of total points will be awarded the contract Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts; Points scored must be rounded off to the nearest 2 decimal places In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. INVITATION TO TENDER Page 23 of 85 41

24 SECTION PRO FORMA DOCUMENTS B-BBEE VERIFICATION CERTIFICATE 3.6. Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1. THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10 Pt P min Ps 80 1 or P min Ps 90 1 Pt P min P min Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1. In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor Number of points (90/10 system) Number of points (80/20 system) Non-compliant contributor Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. INVITATION TO TENDER Page 24 of 85 41

25 SECTION PRO FORMA DOCUMENTS B-BBEE VERIFICATION CERTIFICATE 5.4. A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended subcontractor is an EME that has the capability and ability to execute the sub-contract A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the subcontract. 6. BID DECLARATION 6.1. Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS AND B-BBEE Status Level of Contribution: = (maximum of 10 or 20 points). (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). 8. SUB-CONTRACTING 8.1. Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) If yes, indicate: (i) what percentage of the contract will be subcontracted? % (ii) the name of the sub-contractor? (iii) the B-BBEE status level of the sub-contractor? INVITATION TO TENDER Page 25 of 85 41

26 SECTION PRO FORMA DOCUMENTS B-BBEE VERIFICATION CERTIFICATE (iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable) 9. DECLARATION WITH REGARD TO BIDDER S COMPANY/FIRM 9.1. Name of company/firm: 9.2. VAT registration number: 9.3. Company registration number: 9.4. TYPE OF COMPANY/ FIRM Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited [TICK APPLICABLE BOX] 9.5. DESCRIBE PRINCIPAL BUSINESS ACTIVITIES 9.6. COMPANY CLASSIFICATION Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7. Total number of years the company/firm has been in business? 9.8. I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: (i) (ii) (iii) (iv) The information furnished is true and correct; The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form. In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have (a) disqualify the person from the bidding process; INVITATION TO TENDER Page 26 of 85 41

27 SECTION PRO FORMA DOCUMENTS B-BBEE VERIFICATION CERTIFICATE (b) (c) (d) (e) recover costs, losses or damages it has incurred or suffered as a result of that person s conduct; cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation; restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and forward the matter for criminal prosecution WITNESSES: SIGNATURE(S) OF BIDDER(S) DATE: ADDRESS: INVITATION TO TENDER Page 27 of 85 41

28 SECTION PRO FORMA DOCUMENTS TAX CLEARANCE It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with the South African Revenue Service (SARS) to meet the bidder s tax obligations. 1. In order to meet this requirement bidders are required to complete in full form TCC 001 Application for a Tax Clearance Certificate and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids. 2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from the date of approval. 3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable. 4. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 5. Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website 6. Applications for the Tax Clearance Certificates may also be made via efiling. In order to use this provision, taxpayers will need to register with SARS as efilers through the website INVITATION TO TENDER Page 28 of 85 41

29 SECTION PRO FORMA DOCUMENTS DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state 1, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- the bidder is employed by the state; and/or the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid Full Name of bidder or his or her representative: 2.2. Identity Number: 2.3. Position occupied in the Company (director, trustee, shareholder 2 ², member): 2.4. Registration number of company, enterprise, close corporation, partnership agreement or trust: 2.5. Tax Reference Number: 2.6. VAT Registration Number: 1 State means (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. 2 Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. INVITATION TO TENDER Page 29 of 85 41

30 SECTION PRO FORMA DOCUMENTS DECLARATION OF INTEREST The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSONAL numbers must be indicated in paragraph 3 below Are you or any person connected with the bidder presently employed by the state? YES / NO If so, furnish the following particulars: Name of person / director / trustee / shareholder/ member: Name of state institution at which you or the person connected to the bidder is employed: Position occupied in the state institution: Any other particulars: If you are presently employed by the state, did you obtain the appropriate YES / NO authority to undertake remunerative work outside employment in the public sector? If yes, did you attach proof of such authority to the bid document? YES / NO (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid If no, furnish reasons for non-submission of such proof: 2.8. Did you or your spouse, or any of the company s directors / trustees / shareholders / YES / NO members or their spouses conduct business with the state in the previous twelve months? If so, furnish particulars: 2.9. Do you, or any person connected with the bidder, have any relationship (family, friend, YES / NO other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars. INVITATION TO TENDER Page 30 of 85 41

31 SECTION PRO FORMA DOCUMENTS DECLARATION OF INTEREST Are you, or any person connected with the bidder, aware of any relationship (family, YES/NO friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars Do you or any of the directors / trustees / shareholders / members of the company have any YES/NO interest in any other related companies whether or not they are bidding for this contract? If so, furnish particulars. 3. Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Income Tax Reference Number State Employee Number / Persal Number 4. DECLARATION INVITATION TO TENDER Page 31 of 85 41

32 SECTION PRO FORMA DOCUMENTS DECLARATION OF INTEREST I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 & 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. Signature Date Position Name of bidder INVITATION TO TENDER Page 32 of 85 41

33 SECTION PRO FORMA DOCUMENTS TENDER SPECIFIC PRICING FORMAT This annexure should be completed and signed by the Bidder s authorized personnel as indicated below: 1. Please indicate your total bid price (compulsory). Description Service Specification Quantity Unit cost Total cost LAN Firewall Core Switch CISCO Firewall Enterasys S8 Chassis with 24 Port 10 Gig SFP +S180 Module:8 Port RJ45 Ethernet s180 Module(with 2modules) 48 port 1Gig SFP 12Gbic 4 x power supplies per switch 2 CISCO ASA 5585-X with SSP40 +IPS Module 2 Supply and Cabling installation Additional Cost See details as per specification Total Cost VAT Total Cost VAT inclusive 2. Important: It is mandatory to indicate your total bid price. Should the total bid prices differ, the one indicated above shall be considered the correct price. 3. NOTE: All prices must be VAT inclusive and must be quoted in South African Rand (ZAR). 4. Are the rates quoted firm for the full period of the contract for 24hrs Support service? YES NO 5. Mandatory: If the prices are not firm for the full period, provide details of the basis on which adjustments shall be applied e.g. CPI, and also details of the cost breakdown. 6. The exchange rates as applicable on date of publication at 12H00 Central African Time must be used. INVITATION TO TENDER Page 33 of 85 41

34 SECTION PRO FORMA DOCUMENTS TENDER SPECIFIC PRICING FORMAT 7. No price adjustments that are 100% linked to exchange rate variations shall be allowed Substantiate / Comments Comply Not Comply 8. The bidder must indicate clearly which portion of the service price as well as the monthly costs is linked to the exchange rate. Substantiate / Comments Comply Not Comply 9. All additional costs must be clearly specified. Comply Not Comply Substantiate / Comments 10. The bidder must indicate clearly indicate if they are accredited or approved CISCO and Enterasys reseller. Confirmation letter to be supplied. Substantiate / Comments Comply Not Comply 11. The bidder agrees that contract will be concluded in 10 business days. Substantiate / Comments Comply Not Comply 12. The bidder agrees that they will comply with technical requirements specification. Substantiate / Comments Comply Not Comply INVITATION TO TENDER Page 34 of 85 41

35 SECTION PRO FORMA DOCUMENTS DECLARATION OF BIDDER PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1. This Standard Bidding Document must form part of all bids invited. The completion of the below form is compulsory. Failure to do so may result in a bid being regarded as non-responsive. 2. It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3. The bid of any bidder may be disregarded if that bidder, or any of its directors havea. abused the RAF's supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 4. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury s Yes No database as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied) If so, furnish particulars: 4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? To access this Register enter the National Treasury s website, click on the icon Register for Tender Defaulters or submit your written request for a hard copy of the Register to facsimile number (012) Yes No If so, furnish particulars: INVITATION TO TENDER Page 35 of 85

36 SECTION PRO FORMA DOCUMENTS DECLARATION OF BIDDER PAST SUPPLY CHAIN MANAGEMENT PRACTICES 4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years? Yes No If so, furnish particulars: 4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract? Yes No If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME) CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. Signature Date Position Name of bidder INVITATION TO TENDER Page 36 of 85

37 SECTION PRO FORMA DOCUMENTS CERTIFICATE OF INDEPENDENT BID DETERMINATION CERTIFICATE OF INDEPENDENT BID DETERMINATION 1. This Standard Bidding Document (SBD) must form part of all bids 1 invited. 2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging). 2 Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds. 3. Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to: a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution s supply chain management system and or committed fraud or any other improper conduct in relation to such system. b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract. 4. This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5. In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed and submitted with the bid: 1 Includes price quotations, advertised competitive bids, limited bids and proposals. 2 Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. INVITATION TO TENDER Page 37 of 85