RFP REFERENCE: RFP/ICT/VAS/2019/52

SUPPLY, INSTALLATION AND CONFIGURING OF END POINT PROTECTION SECURITY SOLUTION, VULNERABILITY AND THREAT MANAGEMENT

PERISHABLE PRODUCTS EXPORT CONTROL BOARD (PPECB) OFFICES

Closing Date: 26th November 2019 Closing Time: 11H00

ISSUED BY: PREPARED BY:

PERISHABLE PRODUCTS EXPORT CONTROL BOARD45 Silwerboom AvenuePlattekloofCape Town

Tell No: 021 930 1134

Contact person:

Procurement Officer

PERISHABLE PRODUCTS EXPORT CONTROL BOARD45 Silwerboom AvenuePlattekloofCape Town

Registered Name of Bidder:

Trading Name of Bidder:

Registration No. of Entity:

Contact Person: Position:

Tel. No: E-Mail Address:

Cell No: Fax No:

CONFIDENTIALITY AND PROPRIETARY NOTICE

This document contains information which is proprietary and confidential to the PPECB.

No part of the content may be used, copied, disclosed or conveyed in whole or in part to any party in any manner whatsoever other than for purpose of submitting a tender bid, without prior written permission from PPECB.

All copyright and intellectual property rights herein vests in PPECB.

Unauthorized use of the PPECB’s Logo and/or branding in any proposal document is strictly prohibited. No PPECB branding or co-branding may be used in any submission documentation or proposal without the explicit permission of the PPECB’s Marketing and Communication Department.

THE PERISHABLE PRODUCTS EXPORT CONTROL BOARD RFP: RFP/ICT/VAS/2019/52

SUPPLY, INSTALLATION AND CONFIGURING OF END POINT PROTECTION SECURITY SOLUTION, VULNERABILITY AND THREAT MANAGEMENTPERISHABLE PRODUCTS EXPORT CONTROL BOARD (PPECB) OFFICES

Contents

1. INVITATION TO TENDER.............................................................................................................3

2. TENDER INFORMATION AND INSTRUCTIONS......................................................................3

3. CLOSING TIME...............................................................................................................................4

4. PPECB BACKGROUND................................................................................................................4

5. OBJECTIVES..................................................................................................................................5

6. TECHNICAL SPECIFICATIONS...................................................................................................5

7. REQUIREMENTS FOR TENDER SUBMISSION.......................................................................7

8. TENDER EVALUATION SPECIFICATIONS AND PROCESS.................................................7

9. PRICING SCHEDULE..................................................................................................................10

10. SPECIAL CONDITIONS..........................................................................................................11

11. INSURANCE..............................................................................................................................11

12. REVISIONS TO REQUEST FOR PROPOSAL.....................................................................11

13. RESERVATIONS......................................................................................................................11

14. QUALITY....................................................................................................................................12

15. TERMS OF PAYMENT............................................................................................................12

16. FORM OF CONTRACT............................................................................................................12

17. DURATION OF CONTRACT...................................................................................................12

18. FURTHER INFORMATION.....................................................................................................12

19. GENERAL TERMS AND CONDITIONS................................................................................12

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1. INVITATION TO TENDER

Bidders are invited to tender for the Supply, Installation and Configuring of Enterprise Endpoint Security Antivirus End Point Protection, Vulnerability and Threat Management to the Perishable Products Export Control Board (PPECB).

Bidders must comply with the instructions to Bidders and all other requirements of this Invitation to Tender. Non-compliance may lead to a tender not being considered by the PPECB.

The bid and accompanying documents must be carefully parcelled, sealed and delivered to the Procurement tender box in the reception area of PPECB Head Office by no later than the 26 th November 2019 at 11:00.

2. TENDER INFORMATION AND INSTRUCTIONS

The following terms shall have the following meanings:

Invitation to Tender: Supply, Installation and Configuring of End Point Protection, Vulnerability and Threat Management.

Contact Person: The Procurement OfficerPPECB45 Silwerboom AvenuePlattekloof

Public Entity: Perishable Products Export Control Board (PPECB)Bidder: The person / organisation submitting to a tender bid to the PPECB

under this tender.

The PPECB invites Bidders to submit a fixed price for the Supply, Installation and Configuring of End Point Protection, Vulnerability and Threat Management to the Perishable Products Export Control Board (PPECB) as outlined under technical specifications. Tenders are invited in accordance with the information in this pack.

Bidders are required to submit detailed proposals to demonstrate its ability to provide the services they will deliver on this contract. A detailed specification of the services required by PPECB is contained herein. The legal obligations of the PPECB and the Bidder will be contained in the contract entered between PPECB and the successful Bidder.

The tender shall be submitted on the Forms of Tender incorporated herein. The form shall be signed by each Bidder and submitted in the manner and by the date and time stated below together with the documents listed duly completed.

All of the following documents must be submitted as part of the response to this bid request. Failure to do so will invalidate a response.

Form No Document Description1. SBD 1 Invitation to Bid2. SBD 3.3 Pricing Schedule3. SBD 4 Declaration of Interest4. SBD 6.1 Preference Point Claim Form5. SBD 7.2 Contract Form: Rendering of Services6. SBD 8 Declaration of Bidder’s past SCM Practices 7. SBD 9 Certificate of Independent Bid Determination

Each Bidder should ensure that it is thoroughly familiar with the Tender Documents and understands the obligations that will apply if the Tender is accepted by the PPECB.

The tender submission and assessment process will be conducted in compliance with the Public Finance Management Act of 1999, Supply Chain Regulation and PPECB’s Procurement Policy. PPECB is committed to support and grow Black Economic Empowerment and Small Medium Enterprises in South Africa, emphasis being placed on procurement from historically disadvantaged South Africans.

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Bidders shall highlight where a conflict of interest exists or may exist between parties under the proposed contract. In the event that a conflict of interest exists between the most advantageous Bidder and the PPECB, the said Bidder’s bid will not be accepted. The next most advantageous Bidder will be awarded the contract.

The award of the tender is subject to receiving approval from the Board Members of the PPECB.

It is the responsibility of each Bidder to obtain for itself at its own expense any additional information necessary for the preparation of the tender. All information supplied by the PPECB in connection to this invitation to tender shall be treated as confidential. Should Bidders believe that they require further information, they are invited to contact the Procurement Officer. Any queries relating to the Tender Documents should be sent in writing to the Procurement Officer to arrive no later than five days before the date for submission of the tender. The Procurement Officer may if necessary issue written circulars to Bidders amending or clarifying the Tender Documents and Bidders shall comply with these.

All proposals are to be submitted in PDF format on the envelopes to the designated Tender Box. Proposals must consist of two parts, each of which is submitted in a separate PDF package clearly marked:

Envelope 1: Technical Proposal: RFP No. RFP/ICT/VAS/2019/52 (No Pricing in this envelope)

Envelope 2: Pricing Proposal, B-BBEE and other Mandatory Documentation: RFP No. RFP/ICT/VAS/2019/52

A Soft Copy should be submitted on a USB in word document sealed in a small envelope.

Proposals submitted by companies must be signed by a person or persons duly authorised thereto. The PPECB will award the contract to qualified bidder (s) whose proposal is determined to be the most advantageous to the PPECB, taking into consideration the technical (functionality) solution, price and B-BBEE.

RFQ TIMETABLE

Timetable Dates

RFP Issue Date: November 12, 2019

Responses and costing to be submitted: November 26, 2019

BAC Approval December 02, 2019

3. CLOSING TIME

The closing time for submission of Tender Offers is: 11H00 on 26th November 2019.

The PPECB business hours are between 08:15 – 16:45. Where a proposal is not received by the PPECB by the due date and at the correct location, it will be regarded as a late bid. Late proposals will not be considered.

Telephonic, telegraphic, telex, electronic or e-mailed tenders will not be accepted.

4. PPECB BACKGROUND

PPECB is a Schedule 3A Public Entity that is constituted and mandated in terms of the PPEC Act, No 9, of 1983 to perform cold chain services. PPECB also delivers inspection and food safety services as mandated by the Department of Agriculture, Land Reform and Rural Development under the APS Act, No.119 of 1990.

PPECB’s executive Authority is the Minister of Agriculture, Land Reform and Rural Development, who appoints the Board of Directors.  The Board comprises of representatives from the perishable product industries.

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PPECB, mandated by the Department of Agriculture, Land Reform and Rural Development, has been delivering end-point inspection services on perishable products destined for export since 1991.  PPECB employs more than 500 people, who deal with more than 200 products and 500 varieties. There are 50 service types, over 30 offices in 11 production regions, at more than 1,500 locations.

PPECB is responsible for South Africa's cold chain management and ensures that products for export are handled, stored and transported at specific temperatures and optimum conditions.

Please visit PPECB’s website on www.PPECB.com for more info on PPECB.

5. OBJECTIVES

To secure the PPECB network from threats like viruses, malware, spyware, network threats, trojan horse, adware, rootkits, Worm, Intrusion, Hacking, etc., PPECB aims to standardise its Anti-virus and threat management solution for a period of approximately 10 years and therefore seeks a centralised antivirus solution with client agent deployment in ±550 (desktops / laptops) endpoints, ±130 servers and ±620 smart tablets across the Head Office, Regional Offices and remote sites.

PPECB invites established Bidders for providing the:

1. Supply, installation, configuring of an enterprise endpoint security antivirus, vulnerability and threat management solutions with validity of 3 years;

The installation of the solutions will be done on all PPECB Information Communication Technology (ICT) infrastructure operating under Hyper-V, Mobile Devices (Laptops and Tablets), Desktops, Android OS, iOS, and Windows Mobile, Windows OS, MAC OS, Linux OS and including the integration with existing the Active Directory System. In addition PPECB is looking to adopt prevention technologies using artificial intelligence (AI) techniques

• Advanced machine learning - Detects new and evolving threats before they execute.• Memory exploit mitigation - Blocks zero-day exploits of vulnerabilities in popular software.• Behaviour monitoring - Monitors and blocks files that exhibit suspicious behaviours.

6. TECHNICAL SPECIFICATIONS

PPECB is in the process of standardising on software for a period of approximately 10 years to ensure it is applying the appropriate safeguards in protecting the PPECB information systems and data. This standard is aligned to the PPECB’s strategic objectives.

The Scope of work for the contract is as follows:

Item Number

Specification Requirements Bid document reference and page

number(s)1 The Antivirus software should be an Enterprise edition. The

antivirus solution should provide enhanced antivirus and internet protection for desktops, laptops, tablets & servers.

 

2 Ability to support both on-premise and cloud solution as a hybrid-offering

- Virtual environments: Microsoft Azure, Private Cloud and on-premise

- Windows Operating Systems- Macintosh Operating Systems

 

3 Full cloud console to reduce endpoint security management complexity

 

4 Single end point agent to reduce update fatigue  5 Should support policy enforcement through AI-guided security

management 

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6 Should have Common, Extensible Scanning Engine.  7 Should have Configurable Scanning. Should have the ability to

control the amount of CPU resources dedicated to a scan process for computers with low RAM capacity.

 

8 Should perform updates automatically and run in the background without slowing down the system. The updates shouldn`t be causing problems or loss of program files. If file damage occurs the software should repair itself with the newest working update.

 

9 Should have 24x7 deception monitoring and response by a response team.

 

10 It should recognize a missed event on a machine which was switched off, and restart the same when machine is turned on.

 

11 User should be prevented from being able to uninstall the anti-virus software.

 

12 Data Loss Prevention capabilities that uses machine learning, fingerprinting, and other advanced detection capabilities to classify data. Includes endpoint and file share encryption.

 

13 Should enable administrators to launch an immediate Live Update session on single or multiple clients during an outbreak.

 

14 Should scan in-memory processes on disk for threats. If a threat is detected, the running process can be terminated, same way auto play should be initiated when using external device such a CD/USB pen drive etc.

 

15 Should be able to strike a balance between false positives and false negatives.

 

16 Module provides the entire hardware configuration and list of software installed on the endpoint.

 

27 Administrator should be able to add/update/delete groups and add/update/delete clients in these groups based on host/hostname with IP Address/IP range.

 

18 Administrator can assign privileges to clients for accessing removable devices such as Webcams, CD-ROM, USB devices as well as composite and Bluetooth devices etc.

 

19 Antivirus software must work on the following Operating systems: Android, iOS, and Windows Mobile, Windows 10, MAC OS, 2012 & 2016 server edition.

 

20 The bidder should configure the Antivirus software server edition on existing Hardware and define the policy as per the requirement. The bidder should remove the existing antivirus from end-points, servers and mobile devices (including tablets) and install the new antivirus with activation.

 

21 The installed client Antivirus should not block the printer, keyboard and mouse connected through the USB port on end-points.

 

22 The licensed server will download the latest updates from the internet and push it to the PPECB end-points via corporate network or via the internet. The Antivirus software must be able to update and work in the same way on internet and LAN as well.

 

23 Ability to generate reports of logs pertaining to detection of Virus, Malware and Spyware on daily basis and whenever demanded to establish the effectiveness of the antivirus and to ensure adequate protection of the end-points. The anti-virus solution should provide a list of system resources that are continuously monitored indicating malware presence e.g. host files, registry.

 

24 To inform and acquaint the ICT security for new virus/malware/spyware outbreaks, security flaw and Bugs accordingly, take measures to prevent or rectify the problem.

 

25 Analyse client machines on the network and document vital statistics pertaining to entry of viruses/malware/spyware in the

 

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entire network. 26 Provide training to the ICT Cyber Security team  27 Threat Management and analysis and Advanced Persistent

Threat Intelligence, which includes reporting. 

28 Have the ability to produce vulnerability assessment and risk analysis across the PPECB environments by proactively identifying the security exposures, analyse business impact and conduct remediation across the PPECB environment.

Mobile (Smart Tablet) Solution Specifications29 The solutions identifies rogue Wi-Fi networks30 Policy driven VPN to protect network connections and support

compliance31 Provides a cloud console for all endpoint security:

a) Device life cycle managementb) Access control – restricted user and application access

(whitelist and blacklist) controlc) Enforce pin/password controld) Remote wipe and lock capabilitiese) Secure logs and audit trailsf) Ownership (company-owned vs BYOD (Bring Your Own

Device)g) Application inventory

32 Flexible deployment (downloadable from AppStore and MDM (mobile device management) deployment options

33 Data encryption both at rest (in the device) and in transit (communications encryption)

34 Backup and restore of company information in the mobile device

7. REQUIREMENTS FOR TENDER SUBMISSION

The tender and accompanying documents shall be carefully parcelled, sealed and be delivered to the Procurement Officer no later than the closing date at 11H00. Failure to comply with these instructions may result in the tender being considered ineligible.

Written tenders will only be accepted in a sealed envelope or parcel which shall bear the word:

Tender: Supply, Installation and Configuring of End Point Protection, Vulnerability and Threat Management

Venue: THE PERISHABLE PRODUCTS EXPORT CONTROL BOARD 45 Silwerboom Avenue Plattekloof Cape Town 7560

A Soft Copy should be submitted on a USB sealed in a small envelope. No late tender shall be considered. Tenders will be opened in accordance with the relevant procedures.

8. TENDER EVALUATION SPECIFICATIONS AND PROCESS

Technical Evaluation

Functionality of the bids will be evaluated according to the predetermined evaluation criteria set out in the Evaluation Criteria below.

The bidder must obtain a minimum overall score of 140 out of 170 points for functionality to qualify for the next phase of evaluation; those Bidders who fail to meet the minimum qualifying score will be disqualified from the process.

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Bidders will not rate themselves, but need to ensure that all information is supplied as required. The Bid Evaluation Committee (BEC) will evaluate technical and functional requirements and score

all the bids as per the set criteria.

PHASE 1

Points will be allocated to criteria within the following framework:

No. Evaluation Area

Criteria Definition Score Threshold

1 Technical Requirements:

Specifications met by indication that the solution is capable - 50 points

Due diligence outcomes presented – a total of 30 points

1. Demonstrated transition and implementation plan – 5 points

2. Demonstrated enhanced capabilities and innovations aligned to PPECB future digital requirements – 5 points

3. Demonstrated advance persistent threat management – 10 points

4. Demonstrated technical support model – 5 points

5. Demonstrated value-added services – 5 points

Specifications items 1 – 34 are met by the solution and proposal submitted

80 60

2 References:

Testimonials: Provide at least 3 written reference letters from current and/or previous clients in the last 5 years, to whom similar services are/have been provided.- 3 Letters = 10 Points- 2 Letters = 5 Points- 0 – 1 Letters = 0 Points

References of the Client should be dated and detail the services being provided and any success stories.

10

3 Company Experience

Company history and size – must have at least 5 years’ experience in providing similar services to medium / large organisations. (Please attach your Company registration) - 5 Years and above = 10 Points- Between 3 and 5 Years = 5 Points - Below 3 years = 0 Points

Please state the length of your experience in the Supply, Installation and Configuring of Enterprise Endpoint Security Antivirus and Threat Management

10 5

4 Compliance:

- Provide proof of official solution partner certification from the product manufacturers/distributors for the proposed solution (mandatory requirement) - 5 Points- Demonstrate assurance of your organisation’s assurance operational audit and corrective action plan management; identification and management of risk practices (e.g. may include company policies, management framework and risk methodologies) - 5 Points

To measure accreditation and experience

10 10

7 Local Presence Provide a list of office locations in South Africa and confirm in writing the ability to provide

The PPECB ICT Cyber Security 5

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onsite support where required to the PPECB Head Office (Plattekloof, Cape Town) and support to the PPECB ICT Cyber Security team - 5 Points

Team is based in Cape Town. To ensure support to this team, confirmation is required.

8

Business Continuity &

Disaster Recovery

- Provide the Business Continuity/Disaster Recovery Plan for your organisation to ensure continual service delivery to PPECB – to maintain a required level of continuity during an adversarial situation(s) (primary and secondary hosting facilities) – 20 points- Redundancies - availability of processing facilities to ensure sufficient service capabilities are maintained (overall solution design) – 5 points

To ensure there no interruption in service and support delivery to PPECB.

25 15

9

Protection of Records (POPIA

requirements)

- Demonstrate encryption methods for your organisation (e.g. your organisation’s laptop’s encryption methods and solutions) – 10 points- Set out the security of your organisation’s network services (includes segregation of networks) to ensure secure transfer of information. Demonstrate information for your organisation’s transfer policies and/or procedures – 5 points- Provide the International Information Security standard certification(s) for your organisation (e.g. ISO 27001 certification, Cyber Essentials certification, etc.) – 5 points- Provide your organisation’s malware protection methods – 5 points- Provide your organisation’s information and communication technology supply chain risk management practices – 5 points

 To provide the necessary assurances to PPECB in your organisation’s compliance status.

30 20

Total Points - A bidder must obtain a minimum of 140 points to qualify for the short-list. To enable the PPECB to evaluate the entity on the above criteria, please ensure that adequate documentation is attached.

170 110

The tenderer must obtain a minimum overall score of 140 points for functionality to move to the next stage of evaluation; those tenderers who fail to meet the minimum qualifying score will be disqualified from the process. Bidders scoring less than the minimum set thresholds points will be disqualified.

Phase 2: Pricing and BEE Evaluation The following preference point systems are applicable to all bids whereby preference points shall be awarded for Price; and B-BBEE Status Level of Contribution.

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and

the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

The lowest acceptable tender will be used to determine the applicable preference point system.9. PRICING SCHEDULE

Points awarded for price (80 points)

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Note: The Bidder’s Proposal must set out all pricing assumptions, including the applicable foreign currency exchange rates, applicable indices and the like.

Item Description Unit(s) Years Unit Cost Total

1 PPECB Endpoint Enterprise Security Licences For Laptops

300 3

2 PPECB Endpoint Enterprise Security Licences for Desktops

250 3

3 PPECB Endpoint Enterprise Security Licences for Tablets

700

4 PPECB Endpoint Enterprise Security Licences for Servers

130

5 PPECB Endpoint Administrator licenses

10

6 Installation Charges – once offConfiguration and InstallationMigration to Cloud

n/a

7 Maintenance and Support 3

Total Charge (excl. VAT)

VAT

Total Charge (Incl. VAT)

All prices should be inclusive of VAT. No variation, to the accepted quote, will be allowed unless the service provider has obtained prior written approval from PPECB. Quoted prices to be valid for 120 business days and no variation to the accepted quote will be allowed.

Points awarded for B-BBEE status level of contribution (20 points)

In terms of Regulations 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points will be awarded to a tenderer for attaining the B-BBEE status level of contribution in accordance with the table as set out in the Preference Points Claim Form. Bidders must provide a certified copy of the valid BBBEE certificate.

Note: PPECB reserves the right to appoint a tenderer other than the one that scored the highest points.

9.1 Notes on Quantities and Pricing

a) To facilitate like-for-like comparison bidders must submit pricing strictly in accordance with this pricing schedule (SBD 3.3) and not utilise a different format. Deviation from this pricing schedule will result in a bid being declared non responsive.

b) Please note that should you have offered a discounted price(s), PPECB will only consider such price discount(s) in the final evaluation stage if offered on an unconditional basis.

c) PPECB prefers that the Suppliers must give firm prices in their Proposals. For the purposes of this RFP “firm prices” are prices at which the Supplier will supply the Product and/or the Services to PPECB without any adjustment thereto for any reason whatsoever, for the duration of agreement that PPECB may conclude with the Supplier, for the Proposal accepted by PPECB. PPECB will in this regard prefer that prices be firm for a period of at least 12 (twelve) months.

d) Should the Supplier not quote a firm price in the Proposal, the Supplier must provide a suitable and simple escalation formula to determine how their prices will be escalated. In the event that PPECB

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accepts the Supplier’s Proposal, then the escalation rates or formula shall not be binding on PPECB, and shall be subject to negotiation.

e) Suppliers must submit a price schedule in which they set out the total cost breakdown of the prices they have quoted in their Proposals

10. SPECIAL CONDITIONS

10.1 PPECB reserves the right to reject any proposal found to be inadequate or non-compliant to the Terms of Reference.

10.2 The Bidder may not intend to assign, in whole or in part, any of its obligations to perform in terms of the contract to any third party, unless disclosed and prior consent is obtained in writing.

10.3 A bidder may not intend to cede his right to payment in terms of a contact to a third party without prior written consent.

10.4 PPECB may reject bid if doesn’t comply with the instruction of submission of the proposal referred to above.

11. INSURANCE

11.1 The successful Service Provider will be responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions issued in connection with this Request for Proposal.

11.2 Upon award of contract and prior to beginning work, the successful Service Provider must provide proof of insurance. Please provide a sample certificate of insurance that indicates your company’s limitations of liability as part of your RFP response.

12. REVISIONS TO REQUEST FOR PROPOSAL

In the event that it becomes necessary to revise any part of this Request for Proposal, an addendum setting out such revisions will be provided to all Service Providers on E-Tenders and PPECB website.

13. RESERVATIONS

13.1 PPECB’s decision/s regarding the acceptance or non-acceptance of a Proposal shall be final and PPECB is not obliged to furnish any reason for such decision.

13.2 Proposals shall be considered and evaluated against a pre-determined evaluation value structure determined by PPECB. All Suppliers shall provide all information requested in this RFP in order to facilitate the evaluation process. Suppliers shall strictly adhere to the instructions stated in this RFP. PPECB shall not be bound to divulge such evaluation criteria but may do so in its sole and absolute discretion.

13.3 PPECB may, during and after the evaluation of the Proposals and in its sole and absolute discretion, decide to:

13.3.1 To reject all proposals;13.3.2 Accept one or more Proposals;13.3.3 Accept a Proposal other than the lowest priced Proposal;13.3.4 Accept no Proposal;13.3.5 Consider or accept any Proposal not conforming with the requirements of this RFP;13.3.6 Refuse to consider any Proposal not conforming with the requirements of this RFP;13.3.7 Ask any Supplier to supply further information after the closing date;13.3.8 Cancel this RFP or any part thereof at any time;13.3.9 Award the contract pursuant to this RFP or any part thereof to any one or more

Suppliers; or Re-issue this RFP at any time after the closing date.

14. QUALITY

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The quality of the products/services delivered shall not differ from that specified in Point 6 of this document.

15. TERMS OF PAYMENT

The PPECB shall pay the Price to the appointed Bidder in accordance with the contract signed pursuant to the award of this tender, which payment shall be subject to:

15.1 the Price being in accordance with the agreed quotes and as per the contract;15.2 the Materials being received and accepted by the PPECB in terms of the contract;;15.3 Goods and Services VAT being included in the Price.15.4 A correct purchase order number being quoted on the tax invoice.15.5 Payments terms of 30 Days from statement date.

16. FORM OF CONTRACT

The PPECB and the successful Bidder/s will enter into a written contract in respect of the services required by the PPECB as detailed in this Invitation to Tender. The form of contract will be as agreed between the PPECB and the successful Bidder/s.

17. DURATION OF CONTRACT

The contract is expected to run for 3 (three) years, commencing on the date of signing the Service Level Agreement. It will, however, be renewable annually and this will be subject to a review of the previous year’s performance.

18. FURTHER INFORMATION

For further information a tenderer may contact the Procurement Officer at the address shown below:

Physical Address PPECB45 Silverboom AvenuePlattekloof

Postal Address PPECBThe Procurement OfficerPO Box 15289Panorama7506

Contact number +27 21 9301134

Technical Enquiries Gail Yon - gaily@ppecb.comCommercial Enquiries Ikanyeng Matloko – ikanyengm@ppecb.com

19. GENERAL TERMS AND CONDITIONS

Confidentiality

Some of the information contained in the Tender Documents may be of a confidential nature and must only be used for purposes of responding to this RFP. This confidentiality clause extends to bidder partners whom you may decide to involve in preparing a response to this RFP.

For purposes of this process, the term “Confidential Information” shall include all technical and business information, including, without limiting the generality of the foregoing, all secret knowledge and information (including any and all financial, commercial, market, technical, functional and scientific information, and information relating to a party’s strategic objectives and planning and its past, present and future research and development), technical, functional and scientific requirements and specifications, data concerning business relationships, demonstrations, processes, machinery, know-how, architectural information, information contained in a party’s software and associated material and documentation, plans, designs and drawings and all material of whatever description, whether subject to or protected by copyright, patent or

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trademark, registered or un-registered, or otherwise disclosed or communicated before or after the date of this process.

The receiving party shall not, during the period of validity of this process, or at any time thereafter, use or disclose, directly or indirectly, the confidential information of PPECB (even if received before the date of this process) to any person whether in the employment of the receiving party or not, who does not take part in the performance of this process.

The receiving party shall take all such steps as may be reasonably necessary to prevent PPECB’s confidential information coming into the possession of unauthorized third parties. In protecting the receiving party’s confidential information, PPECB shall use the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use or disclosure of the confidential information as the receiving party uses to protect its own confidential information.

Any documentation, software or records relating to confidential information of PPECB, which comes into the possession of the receiving party during the period of validity of this process or at any time thereafter or which has so come into its possession before the period of validity of this process:

shall be deemed to form part of the confidential information of PPECB, shall be deemed to be the property of PPECB; shall not be copied, reproduced, published or circulated by the receiving party unless and to the

extent that such copying is necessary for the performance of this process and all other processes as contemplated in; and shall be surrendered to PPECB on demand, and in any event on the termination of the investigations and negotiations, and the receiving party shall not retain any extracts thereof.

News and press releases

Bidders or their agents shall not make any news releases concerning this RFP or the awarding of the same or any resulting agreement(s) without the consent of, and then only in co-ordination with PPECB.

General legal conditions

The laws of the Republic of South Africa shall govern this RFP and any subsequent agreement entered into. Bidders accept hereby that the courts of the Republic of South Africa shall have jurisdiction.

PPECB shall not be liable for any costs incurred by the Bidder in the preparation of response to this RFP. The preparation of response will be made without obligation to acquire any of the items included in any Bidder’s proposal or to select any proposal, or to discuss the reasons why such Bidder’s or any other proposal was accepted or rejected.

PPECB may request written clarification or further information regarding any aspect of this proposal. The Bidder must supply the requested information in writing within two (2) business days after the request has been made, otherwise the proposal may be disqualified.

In the case of consortium, joint venture or subcontractors, Bidders are required to provide copies of signed agreements stipulating the work split and Rand value.

PPECB reserves the right to cancel/reject any proposal and not to award the proposal to the lowest bidder or award parts of the proposal to different bidders, or not to award the proposal at all.

By submitting a proposal in response to this RFP, the Bidder accepts the evaluation criteria as it stands.

Should the Bidder withdraw the proposal before the proposal validity period expires, PPECB reserves the right to recover any additional expense incurred by PPECB having to accept any less favourable proposal or the additional expenditure incurred by PPECB in the preparation of a new RFP and by the subsequent acceptance of any less favourable proposal.

Any amendment or change of any nature made to this RFP or the Tender Documents shall only be of force and effect if it is in writing, signed by a PPECB authorized signatory and added to this RFP as an addendum.

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PPECB will not be held liable for any expenses incurred by Bidders, in preparing and submitting the proposal.

In the evaluation of proposal, PPECB reserves the right to conduct independent reference checks.Should the evaluation of the proposals not be completed within the validity period, PPECB has discretion to extend the validity period. Upon receipt of the request to extend the validity period of the bid, the Bidder must respond within the required timeframes and in writing on whether or not it agrees to hold its original proposal responses valid under the same terms and conditions for a further period.

All Bidders must make full disclosure of any potential conflict of interests. PPECB will make the final determination as to whether the potential conflict of interest precludes the award of the tender to the Bidder.

While information in this RFP document has been prepared in good faith, it does not purport to be totally comprehensive, nor to have been independently verified. PPECB does not accept any liability for its adequacy, accuracy or completeness, nor does it make representation or warranties with respect to information contained in it, or upon which the RFP is based.

Prior to submitting the proposal, Bidders should satisfy themselves of the accuracy and completeness of all the information submitted. Bidders should be confident that the pricing submitted is sufficient for the company to meet all its obligations in terms of this RFP document and any contract that may result from this RFP process. Failure to do so may lead to disqualification.

No gifts, inducements or any other consideration should be promised or offered by any Bidders in this RFP process, either directly or indirectly, to any official in PPECB during the currency of this RFP, and any subsequent due diligence, negotiation or contracting processes that may follow.

Please note that a potential bidder must have a B-BBEE certificate that has been issued by a verification agency accredited by the South African Accreditation System (SANAS) or the bidder must submit an affidavit stating its B-BBEE status level. Exempt Micro Enterprises (EME's) must acquire an affidavit regarding their B-BBEE status level - no verification is required. This is also applicable to Qualifying Small Enterprises (QSE's) with 51% or more black ownership.

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