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SCHEDULE 11TECHNICAL/FUNCTIONAL MANDATORY RESPONSE

BID NUMBER: RFA 1611/2017

CLOSING DATE: 11 September 2017

CLOSING TIME: 11:00am

RFA DESCRIPTION:

Request for ACCREDITATION for the design, supply, installation and maintenance for network cabling and related infrastructure goods for SITA for a period of three (03) years.

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ANNEXURE A: INTRODUCTION................................................................................................................................. 4

1. PURPOSE AND BACKGROUND......................................................................................................................... 4

1.1. PURPOSE.................................................................................................................................................... 4

1.2. BACKGROUND............................................................................................................................................ 4

2. SCOPE OF BID.................................................................................................................................................. 5

2.1. SCOPE OF WORK......................................................................................................................................... 5

2.2. DELIVERY ADDRESS..................................................................................................................................... 5

2.3. CUSTOMER INFRASTRUCTURE AND ENVIRONMENT....................................................................................6

3. TECHNICAL REQUIREMENT OVERVIEW............................................................................................................ 6

4. PRODUCT REQUIREMENT................................................................................................................................ 6

4.1. SOLUTION REQUIREMENT........................................................................................................................... 7

4.2. PROJECT AND SERVICES REQUIREMENTS.....................................................................................................7

5. BID EVALUATION STAGES................................................................................................................................ 7

ANNEXURE A.1: ADMINISTRATIVE PRE-QUALIFICATION..............................................................................................8

6. ADMINISTRATIVE PRE-QUALIFICATION REQUIREMENTS..................................................................................8

6.1. ADMINISTRATIVE PRE-QUALIFICATION VERIFICATION.................................................................................8

6.2. ADMINISTRATIVE PRE-QUALIFICATION REQUIREMENTS..............................................................................8

ANNEXURE A.2: TECHNICAL MANDATORY AND FUNCTIONALITY REQUIREMENTS......................................................9

7. TECHNICAL MANDATORY................................................................................................................................ 9

7.1. INSTRUCTION AND EVALUATION CRITERIA..................................................................................................9

7.1.1. SMME (EME & QSE) STATUS........................................................................................................................ 9

7.1.2. BIDDER LEVEL OF PRE-QUALIFICATION REQUIRED.......................................................................................9

7.1.3. PROVINCIAL PARTICIPATION..................................................................................................................... 12

7.1.4. OEM STATUS............................................................................................................................................ 13

7.1.5. CONSTRUCTION INDUSTRY DEVELOPMENT BOARD (CIDB) REGISTRATION.................................................14

7.2. DECLARATION OF COMPLIANCE................................................................................................................ 14

8. TECHNICAL FUNCTIONALITY.......................................................................................................................... 15

8.1. REQUIRED SCORE TO PRE-QUALIFY AS AN ACCREDITED SUPPLIER.............................................................15

8.2. EVALUATION SCHEDULE A: PLANT AND EQUIPMENT.................................................................................15

8.2.1. TABLE: PLANT AND EQUIPMENT................................................................................................................ 15

8.2.2. DETERMINATION OF JUDGEMENT SCORES – SCHEDULE A..........................................................................16

8.3. EVALUATION SCHEDULE B: RELEVANT PROJECT EXPERIENCE.....................................................................16

8.3.1. TABLE: PROJECT EXPERIENCE.................................................................................................................... 17

8.3.2. DETERMINATION OF JUDGEMENT SCORES – SCHEDULE B..........................................................................17

8.4. ACHIEVED SCORES TO DETERMINE QUALIFICATION AS A SMME SUPPLIER.................................................17

8.4.1. TABLE: FINAL EVALUATION CRITERIA TO DETERMINE OVERALL SCORES.....................................................17

9. PROOF OF CONCEPT...................................................................................................................................... 18

ANNEXURE A.3: SPECIAL CONDITIONS OF CONTRACT (SCC).....................................................................................19

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10. SPECIAL CONDITIONS OF CONTRACT......................................................................................................... 19

10.1. INSTRUCTION........................................................................................................................................... 19

10.2. SPECIAL CONDITIONS OF CONTRACT......................................................................................................... 19

10.3. DECLARATION OF ACCEPTANCE................................................................................................................. 35

11. TERMS & DEFINITIONS.............................................................................................................................. 36

12. DEFINITIONS............................................................................................................................................. 36

ANNEXURE A.4: BIDDER SUBSTANTIATING EVIDENCE.............................................................................................37

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ANNEXURE A: INTRODUCTION

1. PURPOSE AND BACKGROUND

1.1. PURPOSE

The purpose of this Request for Accreditation (RFA) is to invite 51% or more, black owned SMME (EME and QSE) bidders to pre-qualify for entering into an Accreditation Agreement for the supply of LAN Infrastructure solutions with a value of less than R 30 million. Pre-qualified suppliers will form part of a panel of SMME suppliers.

This Request for Accreditation pre-qualifies bidders per province of South Africa and for differing levels of solution supply. The differentiation between provinces and supplier levels allow for smaller SMMEs with smaller footprints to be pre-qualified for specific LAN Infrastructure solutions, while larger SMME organisations can provide benefits of wider footprints and resources.

This RFA uses rotation to distribute work amongst the pre-qualified accredited suppliers.

1.2. BACKGROUND

1) The RFA will serve as the only contract/procurement vehicle for the procurement of LAN Infrastructure, maintenance and support requirements. SITA clients will be required to submit requests for LAN Infratructure installation, maintenance and support services to SITA in a form of a user requirement specification (URS). Subsequent to that, a RFQ will be issued to the accredited list of service providers to respond with pricing. Pricing and quantities are determined in a subsequent Request for Quotation process. The rationale behind using such agreements is that it saves the parties from having to negotiate the terms and conditions for each particular supply request. This results in time and cost savings to both parties and other resources each time a specific supply request is made.

2) In terms of the LAN Infrastructure Accreditation the following will apply:a) Bidders are pre-qualified by completing this RFA for the SITA LAN Infrastructure Supplier

Panel.b) Stringent eligibility and evaluation criteria are used in the RFA to ensure that accredited

agreements are entered into with only those qualified suppliers who have the capability and capacity to provide the required services for LAN Infrastructure.

c) An accredited agreement is concluded with pre-qualified suppliers for the provinces and levels of supply they pre-qualify for.

d) Accredited suppliers are re-qualified every three (3) years.e) Accredited suppliers will have an obligation to update their commercial information

relating to OEM accreditation and availability of OEM qualified resources on a six-monthly basis.

f) A window for new bidders to complete the RFA and become pre-qualified suppliers on the LAN Infrastructure Accredited Supplier Panel will be open on a six-monthly basis.

g) Accredited suppliers will be invited by SITA to respond to Requests for Quotation (RFQ) when LAN Infrastructure services are required by Government Departments and State owned organisations.

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h) A rotation system will be applied where more than one panel supplier has pre-qualified for a specific province/s and/or levels of supply.

i) Work performed as a result of being awarded an RFQ will be performed under the provisions of the accredited suppliers’ Agreements.

2. SCOPE OF BID

2.1. SCOPE OF WORK

1) The proposed scope of work on this RFA covers the following services associated with the supply of structured cabling and related Infrastructure goods and services:

a) Advisory/professional services;b) Planning and design;c) Implementation which include supply, installation, configuration and documentation

services;d) Project management;e) Support and maintenance of structured cabling and associated peripherals, i.e. server

rooms, UPS’s, air conditioners, CCTV, biometrics and environmental systems etc.;f) Electrical works;g) Construction of mid-sized server rooms and network patch rooms including all peripherals

not exceeding maximum size of + 8m width x 6m length x 3m height or + 144m3; andh) The installation of environmental, access control and CCTV systems will only be limited to

server/patch rooms.i) Civil works including cabling routes and trenching.

2) Warrantee:a) The supplier must provide a three (3) year warrantee and maintenance on the LAN

hardware infrastructure items such as UPS’s, air-conditioning, access control, CCTV and environmental services.

b) All installed cabling services shall comply with manufacture’s warranties for a minimum of ten (10) years in terms of the supplier’s accreditation with the OEM.

c) All workmanship will carry a one (1) year warranty.d) All warranties will run concurrently.

3) The scope of work excludes the following:a) Network switching equipment;b) Network monitoring software or related software;c) Wireless solutions;d) Voice solutions;e) Video solutions;f) Other solutions on existing transversal contracts; andg) Products and services not included in this RFA scope of work.

2.2. DELIVERY ADDRESS

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The location(s) where the goods or services must be supplied will be indicated in the relevant Request for Quotation for a specific supply request made.

2.3. CUSTOMER INFRASTRUCTURE AND ENVIRONMENT

Every RFQ published as part of this process will detail relevant infrastructure, environment, and integration requirements for the required solution.

3. TECHNICAL REQUIREMENT OVERVIEW

The standard SITA procurement process (RFQ-based) will be followed to engage the panel of accredited service providers. Service providers will be required to supply full solutions based on client requirements and specification as defined in the RFQ.

4. PRODUCT REQUIREMENT

1) The following structured cabling products are required:

a) Unshielded Twisted Pair (UTP) cabling (CAT 5E, CAT6 and CAT6A)b) Fibre Optic cabling;c) Cabling trunking, ducting, trays and related fixtures;d) Patch Panels and cabling consolidation units;e) Brush Panels;f) Patch cords;g) Wall or Floor mount LAN sockets (telecommunication outlet);h) Fly Leads;i) Cable identification tags and tie-downs; andj) Network equipment cabinets (floor standing and wall mount units) complete with electrical

power supply.

2) The following related Infrastructure products are required, which will be limited to patch rooms and server rooms ± 8m width x6m length x 3m height = ± 144m³ and can be requested to be supplied as separate units or as combined self-contained units:

a) Wall mounted and Free flow air conditioners;b) Uninterruptable Power Supply (UPS) units;c) Lighting protection;d) Raised flooring;e) Fire protection;f) Physical access control system; g) Environmental monitoring system (the supply and configuration of software and

equipment);h) Emergency lights, and

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i) Electrical requirements.

4.1. SOLUTION REQUIREMENT

The solution requirement will be specified in the Request for Quotation at the time of the request. SITA will from time to time publish a list of certified OEM equipment for LAN infrastructure as an annexure to the RFQ at that time.

4.2. PROJECT AND SERVICES REQUIREMENTS

The project and services requirements shall be outlined and specified in the applicable Request for Quotation at the time of the request.

5. BID EVALUATION STAGES

(1) The bid evaluation process consists of several stages that are applicable according to the nature of the bid as defined in the table below.

Stage Description Applicable for this bidStage 1 Administrative pre-qualification verification YESStage 2A Technical Mandatory requirement evaluation YESStage 2B Technical Functionality requirement evaluation YESStage 2C Technical Proof of Concept requirement evaluation NOStage 3 Special Conditions of Contract verification YESStage 4 Price / B-BBEE evaluation NO

(2) The bidder must qualify for each stage to be eligible to proceed to the next stage of the evaluation.

(3) Notice of outcome of the RFA process Bidders that are pre-qualified will be informed of the success of their bid to pre-qualify as an accredited LAN Infrastructure supplier, as well as feedback on the provinces for which they have been pre-qualified.The notice will indicate the Level at which the bidder is pre-qualified.

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ANNEXURE A.1: ADMINISTRATIVE PRE-QUALIFICATION

6. ADMINISTRATIVE PRE-QUALIFICATION REQUIREMENTS

6.1. ADMINISTRATIVE PRE-QUALIFICATION VERIFICATION

(1) The bidder must comply with ALL of the bid pre-qualification requirements in order for the bid to be accepted for evaluation.

(2) If the Bidder failed to comply with any of the administrative pre-qualification requirements, or if SITA is unable to verify whether the pre-qualification requirements are met, then SITA reserves the right to: (a) Reject the bid and not evaluate it, or(b) Accept the bid for evaluation, on condition that the Bidder must submit within 7 (seven)

days any supplementary information to achieve full compliance, provided that the supplementary information is administrative and not substantive in nature.

6.2. ADMINISTRATIVE PRE-QUALIFICATION REQUIREMENTS

(1) Submission of bid response: The bidder has submitted a bid response documentation pack: (a) that was delivered at the correct physical or postal address and within the stipulated

date and time as specified in the “Invitation to Bid” cover page, and;(b) in the correct format as one original document, two copies and one CD/Memory Stick.

(2) Attendance at compulsory briefing session: If a compulsory briefing session was called, then the bidder has signed the briefing session attendance register using the same information (bidder company name, bidder representative person name and contact details) as submitted in the bidder’s response document.

(3) Registered Supplier. The bidder is, in terms of National Treasury Instruction Note 3 of 2016/17, registered as a Supplier on National Treasury Central Supplier Database (CSD).

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ANNEXURE A.2: TECHNICAL MANDATORY AND FUNCTIONALITY REQUIREMENTS

7. TECHNICAL MANDATORY

7.1. INSTRUCTION AND EVALUATION CRITERIA

(1) The bidder must comply with ALL the requirements by providing substantiating evidence in the form of documentation or information, failing which it will be regarded as “NOT COMPLY”.

(2) The bidder must provide a unique reference number (e.g. binder/folio, chapter, section, page) to locate substantiating evidence in the bid response. During evaluation, SITA reserves the right to treat substantiation evidence that cannot be located in the bid response as “NOT COMPLY”.

(3) The bidder must complete the declaration of compliance as per 6.7 below by marking with an “X” either “COMPLY”, or “NOT COMPLY” with ALL of the technical mandatory requirements, failing which it will be regarded as “NOT COMPLY”.

(4) The bidder must comply with ALL the TECHNICAL MANDATORY REQUIREMENTS in order for the bid to proceed to the next stage of the evaluation.

7.1.1. SMME (EME & QSE) STATUS

TECHNICAL MANDATORY REQUIREMENTS

Substantiating evidence of compliance(used to evaluate bid)

Evidence reference

BIDDER EME or QSE statusThe bidder must be a EME or QSE that is at least 51% black owned with the minimum B-BBEE status level one (1) or two (2).

The bidder must provide a relevant Sworn Affidavit.

Provide unique reference to locate substantiating evidence in the bid response – see Annex A.4

The design supply installation and maintenance of LAN cabling infrastructure solution of the above scope of work shall be for the exclusive participation of EMEs and QSEs (SMMEs) that meet at least the B-BBEE status level of one (1) and /or two (2) Contributor. The bidder must provide a relevant Sworn Affidavit.

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7.1.2. BIDDER LEVEL OF PRE-QUALIFICATION REQUIRED



Evidence reference

BIDDER LEVEL OF PRE-QUALIFICATION REQUIREDThe bidder must apply for at least one level in Table 7.1.3

The bidder must provide substantiating evidence in OEM letters as required below.


Bidders must indicate the highest LEVEL of pre-qualification they wish to be qualified for based on the range of LAN infrastructure components they are capable of supplying by indicating “YES” next to the pre-qualification LEVEL they wish to be qualified for.

The pre-qualification level distinguishes between the range of LAN Infrastructure equipment the bidder must supply based on OEM certification, technical resources, and specialisation.

The bidder must indicate the word “YES” next to the level for which the bidder would want to be pre-qualified.

Should a bidder indicate more than one level, the lowest level will be the level for which the bidder will be pre-qualified.

The pre-qualification of a bidder in terms of a selected level will be determined based on the information supplied in the mandatory requirements above, as well as the scoring in the functionality requirements in 8 below.

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TABLE 7.1.3 Indicate YES next to the required level

LEVEL 1:1) Bidders must be capable of supplying structured UTP cabling

solutions, including the following services: advisory, design and planning, supply and implementation, project management, support and maintenance.

2) Bidders must be capable of supplying a workable solution including trunking, ducting, trays and related fixtures, brush panels, patch cords, wall and/or floor mount LAN sockets, fly leads, cable identification tags and tie-downs, network equipment cabinets and project signoff documentation.

3) All active ICT products supplied via this contract must be certified via the separate, continuous SITA product certification process. Bidders must ensure that their respective OEMs participate in the certification process.

4) Bidders will not be allowed to quote for products as part of an RFQ process that have not been certified. Refer to www.sita.co.za/prodcert.htm

LEVEL 2:1) Bidders must be capable of supplying structured UTP cabling and

Fibre Optic cabling solutions, including the following services: advisory, design and planning, design, supply and implementation, project management, support and maintenance.

2) Bidders must be capable of supplying a workable solution including trunking, ducting, trays and related fixtures, brush panels, patch cords, wall and/or floor mount LAN sockets, fly leads, cable identification tags and tie-downs, network equipment cabinets and project signoff documentation.

3) All active ICT products supplied via this contract must be certified via the separate, continuous SITA product certification process. Bidders must ensure that their respective OEMs participate in the certification process.

4) Bidders will not be allowed to quote for products as part of an RFQ process that have not been certified. Refer to www.sita.co.za/prodcert.htm

LEVEL 3:1) Bidders must be capable of supplying structured UTP cabling and

Fibre Optic cabling solutions, including the following services: advisory, design and planning, design, supply and implementation, project management, support and maintenance.

2) Bidders must be capable of supplying a workable solution including trunking, ducting, trays and related fixtures, brush panels, patch cords, wall and/or floor mount LAN sockets, fly


7.1.3. PROVINCIAL PARTICIPATION



Evidence reference

BIDDER PRODUCT AND REGIONAL CAPABILITYThe bidder must be able to provide LAN infrastructure solutions to at least ONE province

The bidder must complete at least one row of Table 6.4.1 below, where each completed row must contain (a) YES or NO (b) and if YES, the physical address with contact detail.


Bidders will be pre-qualified for the provinces in which they operate and have selected in the relevant provinces in the list below.

The bidder must complete the table below in line with the provinces for which the bidder is requesting pre-qualification. At least one Province of South Africa must be indicated in the table below.

TABLE 6.4.1PROVINCIAL PARTICIPATION

Indicate with YES/NOPROVINCE YES/NO IF “YES” SUPPLY PHYSICAL ADDRESS & CONTACT

DETAILS AT THE TIME OF TENDER CLOSINGEASTERN CAPE

FREE STATEGAUTENG

KWAZULU-NATALLIMPOPO

MPUMALANGANORTHERN CAPE

NORTH WESTWESTERN CAPE

SITA will from time to time, when awarding a RFQ against the accreditations, conduct assessments of a bidder’s provincial presence. Should a bidder fail to substantiate their provincial presence they will be immediately disqualified from the accredited panel and will be listed on the National Treasury list of Restricted Suppliers.

7.1.4. OEM STATUS

TECHNICAL MANDATORY Substantiating evidence of Evidence reference


REQUIREMENTS compliance(used to evaluate bid)

The bidder must be OEM accredited for LAN infrastructure brands represented by the bidder.

The bidder must submit an OEM letter with the content as requested below for each brand represented.


(1) Accreditation letter from each relevant OEM must:a) Be on the letter head of the OEM,b) Be addressed to the bidder, c) State the bidder’s OEM status, and that the OEM/Bidder relationship remains in place and

is valid at the time of this bid, d) State the number of OEM qualified staff members currently employed by the bidder and

their level of competence and training that are able to provide the following services:i. Advisory/professional services;ii. Planning and design;

iii. Supply, installation, configuration and documentation services;iv. Project management;v. Support and maintenance.

e) An OEM letter must be submitted for each brand represented by the bidder, stating that the Bidder is accredited for the brand and related services in South Africa.

f) The OEM must distinguish the roles for which the bidder is accredited for, namely reseller, installer and support/maintenance partner.

7.1.5. CONSTRUCTION INDUSTRY DEVELOPMENT BOARD (CIDB) REGISTRATION



Evidence reference

CIBD CERTIFICATEThe bidder must be a CIDB registered supplier with a grading of 4 GB, 4 ME, 4 EB or higher.

The bidder must supply CIDB registration certificate(s).


The bidder must provide a supplier registration certificate indicating that they are a CIDB registered supplier.

7.2. DECLARATION OF COMPLIANCE


Comply Not Comply

The bidder declares by indicating with an “X” in either the “COMPLY” or “NOT COMPLY” column that –

(a) The bid complies with each and every TECHNICAL MANDATORY REQUIREMENT as specified in SECTION 7 above; AND

(b) Each and every requirement specification is substantiated by evidence as proof of compliance.


8. TECHNICAL FUNCTIONALITY

8.1. REQUIRED SCORE TO PRE-QUALIFY AS AN ACCREDITED SUPPLIER

Bidders will be scored on information provided by them in each section of this RFA, and all substantiating documents supplied by bidders, and taking into consideration the LEVEL that the bidder is requesting pre-qualification for as indicated in Table 7.1.3.

8.2. EVALUATION SCHEDULE A: PLANT AND EQUIPMENT

Bidder must indicate that the equipment in Table 8.2.1 is available to them to perform work and provide substantiating evidence by doing so that the bidder understands the requirements for and importance of the equipment relative to the services to rendered under this RFA.

The bidder must score at least 25 out of 50 points for Plant and Equipment.

8.2.1. TABLE: PLANT AND EQUIPMENT

Equipment Indicator of Critical Equipment

Availability of the equipment:

YES / NOVehicles to move material and labour to site

Critical

Calibrated testing equipmentA calibration report for the cable testing equipment must be supplied.

Critical

Ladders (step ladder at least 1,8 m)Cable crimping toolsGeneral hand operated toolsLabel printerComputer with software for creating site plans and reportsHand held power tools for cutting, drilling and mountingSafety signage related to work of this typeOveralls and safety clothing for workforceTO BE COMPLETED BY BIDDER WHO WISH TO BE PRE-QUALIFIED AT LEVEL 2 AND LEVEL 3Fibre splicing tools Critical

Calibration reports for the cable testing equipment must be supplied with the RFQ.

The bidder must score at least 25 out of 50 points for Plant and Equipment.


8.2.2. DETERMINATION OF JUDGEMENT SCORES – SCHEDULE A

Prompts for judgements to be used in evaluating the availability of Plant and EquipmentJudgement

ScorePrompt for judgement

0 Unacceptable response – the bidder has access to a maximum of 1 critical piece of equipment.

25 Acceptable response – the bidder has access to all the equipment indicated as critical (level 1: at least 2 critical indications), (level 2: all 3 critical indications).

50 Excellent – the bidder has access to all the equipment including critical.

8.3. EVALUATION SCHEDULE B: RELEVANT PROJECT EXPERIENCE

Bidder must provide proof that they have a successful project delivery track record.

Bidders must submit one-page descriptions of two completed projects that best display the skills needed for the LAN infrastructure projects.

Bidders must submit letters from two clients for whom LAN infrastructure projects have been completed in the past three years.

Level 1 bidders must submit two client letters for structured UTP projects.

Level 2 bidders must submit two client letters for structured UTP and Fibre Optic cabling projects.

Level 3 bidders must submit two client letters for structured UTP/Fibre optic cabling and computer room project.

The client reference letters must each contain an overview description of the solutions provided and worked performed under the relevant project, and must furthermore include the following information:1) name of project;2) name of client;3) client should indicate satisfaction with the bidder’s project performance with 1 being very

poor, 2 being poor, 3 being acceptable, 4 being above average and 5 being excellent;4) contact details of client;5) approved project plan including scope of work at start of project;6) the client letter must indicate -

a) the planned project completion date;b) the actual project completion date.


8.3.1. TABLE: PROJECT EXPERIENCE

The bidder must score at least 25 out of 50 points for the two projects after the projects have been scored individually and the scores added.

The scoring of the bidder’s relevant project experience will be as below:

Both projects Maximum 50 points (based on 25 points per project)

8.3.2. DETERMINATION OF JUDGEMENT SCORES – SCHEDULE B

Prompts for judgements to be used in evaluating the total Relevant Project Experience (maximum of 25 points per project).Judgement

ScorePrompt for judgement applicable to the level indicated in the table in Par. 6.3.1Project performance:

1 being very poor,2 being poor,3 being acceptable,4 being above average and5 being excellent.

0 Failed - submit one client reference letter indicating a satisfaction level of below 3.15 Acceptable – submit one client reference letter indicating a satisfaction level of 3

and project delivered within the planned project completion date.25 Excellent – submit one client reference letter indicating a satisfaction level of 4 or 5

and the project was delivered within or before the planned project completion date.

8.4. ACHIEVED SCORES TO DETERMINE QUALIFICATION AS A SMME SUPPLIER

The evaluation criteria and maximum score in respect of each of the criteria are given hereunder.

A Bidder scoring below 50 points in Functionality will be considered as DISQUALIFIED for evaluation and will be discarded from any further evaluation.

In addition, the bidder has to score at least 50% (25 points out of 50) on each criteria of Functionality to be considered to qualify.

8.4.1. TABLE: FINAL EVALUATION CRITERIA TO DETERMINE OVERALL SCORES

Functionality criteria Evaluation schedule

Maximum number of

points

Minimum number of point that must be scored

AFTER EVALUATION

:Points scored by the Bidder

PLANT AND EQUIPMENT SCHEDULE A 50 25 PROJECT EXPERIENCE SCHEDULE B 50 25TOTAL SCORE AS RESULT 100 50


9. PROOF OF CONCEPT

No proof of concept is required under this RFA.


ANNEXURE A.3: SPECIAL CONDITIONS OF CONTRACT (SCC)

10. SPECIAL CONDITIONS OF CONTRACT

10.1. INSTRUCTION

(1) The successful supplier will be bound by Government Procurement: General Conditions of Contract (GCC) as well as this Special Conditions of Contract (SCC), which will form part of the signed contract with the successful Supplier. However, SITA reserves the right to include or waive the condition in the signed contract.

(2) SITA reserves the right to:(a) Negotiate the conditions, or(b) Automatically disqualify a bidder for not accepting these conditions.

(3) In the event that the bidder qualifies the proposal with own conditions, and does not specifically withdraw such own conditions when called upon to do so, SITA will invoke the rights reserved in accordance with subsection 10.1(2) above.

(4) The bidder must complete the declaration of acceptance as per section 10.3 below by marking with an “X” either “ACCEPTS ALL” or “DO NOT ACCEPT ALL”, failing which the declaration will be regarded as “DO NOT ACCEPT ALL”.

10.2. SPECIAL CONDITIONS OF CONTRACT

(1) CONTRACTING CONDITIONS(a) Formal Contract. The Supplier must enter into a formal written Contract (Agreement)

with SITA.(b) Right of Award. SITA reserves the right to award the contract for required goods or

services to multiple Suppliers.(c) Right to Audit. SITA reserves the right, before entering into a contract, to conduct or

commission an external service provider to conduct a financial audit or probity to ascertain whether a qualifying bidder has the financial wherewithal or technical capability to provide the goods and services as required by this tender.

(2) DELIVERY ADDRESS. The supplier must deliver the required products or services at the physical address as indicated in the relevant RFQ in future.

(3) GENERAL CONDITIONS CONTRACT (GCC) (as per Department of Treasury specifications) related to CLAUSE AMENDMENTS OR REPLACEMENTS

The following GCC clauses refer:(a) GCC Clause 7 The need for a performance guarantee is replaced with the provisions for

a required Retention. The Retention fee will be returned to the supplier in accordance with the provisions of this SCC.

(b) GCC Clause 9Unless otherwise stated in the Contract Data of an RFQ:


i. the Supplier shall give the Contract Manager not less than 21 day’s notice of the date on which any Plant or a major item of other Goods will be delivered to the Site;

ii. the Supplier shall be responsible for packing, loading, transporting, receiving, unloading, storing and protecting all Goods and other things required for the Works; and

iii. the Supplier shall indemnify and hold SITA harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from the transport of Goods, and shall negotiate and pay all claims arising from their transport.

Special packing and marking requirements are specified in the Contract Data.(c) GCC Clause 10.1 and 10.2

The Supplier shall:i. clearly mark the outside of each consignment or package with the Supplier's

name and full details of the destination in accordance with SITA’s order and include a packing note stating the contents thereof;

ii. on dispatch of each consignment, send to SITA at the address for delivery of the Goods, an advice note specifying the means of transport, weight, number or volume as appropriate and the point and date of dispatch;

iii. send to SITA a detailed priced invoice as soon as is reasonably practical after dispatch of the Goods, and

iv. state on all communications in the relevant order number and code number (if any).

v. goods shall be delivered on the days, between the times and at the address stated below.

Deliver days, time and address are specified in the Contract Data in the relevant RFQ.(d) GCC Clause 12.1The prices quoted in the bid is inclusive of transportation, including but not limited to packing, loading, transporting, receiving, unloading, storing and protecting all goods.The Supplier shall indemnify and hold SITA harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from the transport of Goods, and shall negotiate and pay all claims arising from their transport.

(e) GCC Clause 13Any additional services as provided for in this clause are listed in the Contract Data of the relevant RFQ.

(f) GCC Clause 14.1The spare parts to be supplied by the supplier will be specified in the Contract Data of the relevant RFQ.

(g) GCC Clause 27This clause is replaced by Clause 22 - Settlement of Disputes in this Special Conditions of Contract.

(4) ACCREDITED REQUIREMENTS AND FUNCTIONING (a) Accredited suppliers are to re-qualify every three (3) years.(b) Accredited suppliers have an obligation to update their commercial information as it

may relate to pricing, OEM accreditation and availability of OEM qualified resources on a six monthly basis as required by SITA.


(c) A window for new bidders to complete the RFA and become a pre-qualified supplier on the LAN Infrastructure Supplier Accreditation will be open on a bi-annual basis as required by SITA.

(d) Accredited suppliers will be invited to respond to Requests for Quotation (RFQ) in future when LAN Infrastructure services are required by Government Departments and State owned organisations.

(e) A rotation system will be applied where more than one accredited supplier has pre-qualified for a specific province/s and/or levels of supply.

(f) Work performed as a result of being awarded an RFQ in future will be performed under the provisions of the accredited agreement.

(g) SITA does not guarantee any work allocation to the accredited suppliers, all work will be open to bids by accredited members and the bid process will be subject to SITA Supply Chain Management policies, processes and procedures as updated from time to time.

(5) ROTATION OF INVITATIONS TO PARTICIPATE IN A RFQ(a) To enable all pre-qualified accredited suppliers to participate, and to ensure that one or

two parties do not receive all the opportunities, a rotation system will be used to invite accredited suppliers to respond to RFQ’s in future.

(b) The rotation system will work as follows:(i) Pre-Qualified accredited suppliers will be ranked by an assigned number from a

random number generator for the relevant province or provinces where work under a RFQ must be performed.

(ii) The first 5 (five) accredited suppliers on the ranked list will be invited to participate in the RFQ process in future.

(iii) Each of the invited accredited suppliers will immediately receive a weight of 10 based on the fact that they were invited to participate in an RFQ in future.

(iv) The accredited supplier who is awarded a RFQ receives an additional weight of 30, now having a weight of 40.

(v) For the following RFQ, the accredited suppliers by company name according to the alphabet and then ranked according weight (lowest weight first and highest weight last). The accredited suppliers who have been previously invited to participate in a RFQ and those who have been awarded RFQs, having higher weights falls to the bottom of the list, allowing accredited suppliers who have not been invited to participate in a RFQ, to now feature at the top of the list, and they now become the 5 (five) accredited suppliers being invited to participate in the next RFQ. They then receive weights of 10, etc.

(vi) Weights are accumulated over time, with the accredited suppliers who participated in more RFQs or who have already been awarded RFQs being weighed down giving accredited suppliers with lower weights the opportunity to participate in the next RFQ.

(vii) The number of accredited suppliers to be invited to respond to a RFQ in future may not be less than three.

WBS Statement of Work Deliverable1. Supply, install and test LAN structured cabling

system, includinga) UTP cabling system

a) Installed and certified Cat6A UTP copper structured cabling system.


WBS Statement of Work Deliverableb) Fibre backbone (including core drilling),c) Cabinets, complete with UPSd) Patch and fly leads.

b) Installed and certified OM3 fibre cabling system.

c) Installed and tested network cabinets with UPS.

2. Supply, install and test server room environmental support equipment, includinga) Heating, ventilation and air conditioning

(HVAC)b) Fire suppression systemc) Physical Access control systemd) CCTV surveillance monitoring systeme) Environmental Monitoring systemf) Uninterruptable power supply (UPS)

equipmentg) Additional electrical power points in server

roomh) Normal and emergency lights in the server

roomi) Connecting UPS units with existing electric

power generator

a) Installed and certified Air Conditioning Unit in Server room.

b) Installed and certified Fire Suppression system.

c) Installed and tested Access Control system.

d) Installed and tested CCTV surveillance system.

e) Installed and tested Environmental monitoring system.

f) Installed and certified UPS equipment in server room.

g) Installed and certified electrical reticulation and distribution boards (DBs).

h) Installed and certified normal and emergency lighting in server room.

i) Installed and tested UPS and Generator connection.

3. Provide Operational training to Departmental users on newly installed system.

a) Product operating manualsb) Trained Technical staff

(6) TYPICAL SERVICES AND PERFORMANCE METRICS.

(a) Breakdown Structure (SBS):

SBS Service Element Service Grade Service Level1. Cabling Maintenance break

and fix: Maximum Guaranteed Time to Resolve

Office Hours Next Business Day (NBD),8h x 5d x NBD

2. Server Room Access Control, CCTV, HVAC and UPS: Maximum Guaranteed Time to Resolve

Office hours Next Business Day (NBD),8h x 5d x NBD

(b) The Supplier must for the duration of the contract provide for a call desk to report incidents or requests.


(7) SUPPLIER PERFORMANCE REPORTING(a) Service providers play a vital role in the performance SITA and SITA’s clients. SITA is

responsible for ensuring effective and efficient service delivery to government departments and government organisations. Therefore, there is a need to monitor the performance of service providers.

(b) The objective of performance monitoring of service providers is to obtain a measure of the service provider’s performance under the contract. Performance assessments during the course of a contract help SITA, SITA’s clients and the service provider to reach a common understanding of the requirements of the relevant parties about the work.

(c) Implementation:(i) Supplier performance reporting will be required for projects where a solution is

required of an integrated nature with a project plan over multiple weeks of delivery.

(ii) The Service Provider may respond to the monthly assessment, in writing, and this must be filed with the assessment.

(iii) The conditions of appointment set in the contract will determine what action will be taken against the service provider if underperformance or non-performance is detected.

(iv) The performance of the supplier under the contract or agreement must be assessed monthly by the Contract Manager.

(d) Supplier Performance Reporting Template: (i) This template will be used in planned monthly review meetings to capture

agreed-on action plans and assigning accountabilities following the performance review.

(ii) Progress against the plans can be jointly monitored and discussed at the next planned review.

Supplier Performance Joint Monitoring Program TemplatePerformanceArea

Criteria Frequency of review

Information required

Corrective actions

Quality Adherence to specification

Monthly List non-conformances

List suppliers corrective actions

Program Delivery

On time completion



Responsiveness Services delivery within contractual response times



Invoicing Accuracy

Invoices approved



Contractual Compliance with GCC, SCC and contract data



Management Timely provision Monthly List non- List suppliers


Information of data and information to SITA

conformances corrective actions

(8) CERTIFICATION, EXPERTISE AND QUALIFICATION(a) The Supplier represents that,

(i) it has the necessary expertise, skill, qualifications and ability to undertake the work required in terms of the Statement of Work or Service Definition and;

(ii) it is committed to provide the Products or Services; and(iii) Perform all obligations detailed herein without any interruption to the Customer.

(b) The Supplier must provide the service in a good and workmanlike manner and in accordance with the practices and high professional standards used in well-managed operations performing services similar to the Services;

(c) The Supplier must perform the Services in the most cost-effective manner consistent with the level of quality and performance as defined in Statement of Work or Service Definition;

(9) REGULATORY, QUALITY AND STANDARDS

(a) Electrical Work. The Supplier must ensure that electrical work is performed as prescribed by the Occupation Health and Safety Act (Act 85 of 1993 as amended), Electrical Regulations 2009:

(i) By a person who is registered at the Department of Labour as an Electrical Supplier; and

(ii) That the standard of work conforms to SANS 10142-1: The code of practice for wiring of premises; and

(iii) Any Electrical installation or alteration is certified after completion of work by means of a Certificate of Compliance.

(b) Heating, Ventilation and Air Conditioning (HVAC) work. The Supplier must ensure the HVAC system work is performed as prescribed by the Occupation Health and Safety Act (Act 85 of 1993 as amended), Pressure Equipment Regulations, by a person who is registered at the South African Qualification and Certification Committee (SAQCC) as a “Refrigerant” Gas Practitioner.

(c) Fire Suppression system work. The Supplier must ensure the Fire Suppression system work is performed as prescribed by the Occupation Health and Safety Act (Act 85 of 1993 as amended), Pressure Equipment Regulations, by a person who is registered at the South African Qualification and Certification Committee (SAQCC) as a “Compressed Industrial and Medical Gases” Gas Practitioner.

(d) Original Equipment Manufacturer (OEM) work. (i) The Supplier must ensure that work on OEM products of which the supplier is a

value added reseller or partner is done in accordance with the OEM prescribed procedures and quality standards by person who is certified by the OEM.

(e) Structured Cabling. The structured cabling system for customer premises must:(i) Conform to TIA/EIA 568-C or “SANS 11801 2012 Edition 2.2: Generic cabling for

customers’ premises suitable for data communication”; and (ii) For each installed cable be certified for compliance with the standard by a test

report


(iii) For labelling, comply with TIA-606 labelling standard.(f) Interoperability: The solution must comply with the following Minimum Interoperability

Standards (MIOS) –(i) Switching equipment: Internet Protocol (IP) Version 4 [RFC 791]; and

Transmission Control Protocol (TCP) [RFC 793, RFC 4614]; and User Datagram Protocol (UDP) [RFC 768].

(ii) Network Management Protocol: Simple Network Management Protocol (SNMP) v3 [RFC 3411-RFC 3418]

(10) LOGISTICAL CONDITIONS(a) Hours of work. On only working days 7:30 am – 4:00 pm (weekends and public holidays

excluded.(b) In the event that SITA grants the Supplier permission to access SITA's Environment

including hardware, software, internet facilities, data, telecommunication facilities and/or network facilities remotely, the Supplier must adhere to SITA's relevant policies and procedures (which policy and procedures are available to the Supplier on request) or in the absence of such policy and procedures, in terms of, best industry practice.

(c) Tools of Trade. The Supplier must provide all tools of trade to ensure compliance to OEM standards.

(11) PERSONNEL SECURITY CLEARANCE. (a) The Supplier personnel who are required to work with GOVERNMENT CLASSIFIED

information or access government RESTRICTED areas must be a South African citizen and at the expense of the Supplier be security vetted (pre-employment screening, criminal record screening and credit screening).

(12) CONFIDENTIALITY AND NON-DISCLOSURE CONDITIONS(a) The Supplier, including its management and staff, must before commencement of the

Contract, sign a non-disclosure agreement regarding Confidential Information.(b) Confidential Information means any information or data, irrespective of the form or

medium in which it may be stored, which is not in the public domain and which becomes available or accessible to a Party as a consequence of this Contract, including information or data which is prohibited from disclosure by virtue of:

(i) the Promotion of Access to Information Act, 2000 (Act no. 2 of 2000);(ii) being clearly marked "Confidential" and which is provided by one Party to

another Party in terms of this Contract;(iii) being information or data, which one Party provides to another Party or to which

a Party has access because of Services provided in terms of this Contract and in which a Party would have a reasonable expectation of confidentiality;

(iv) being information provided by one Party to another Party in the course of contractual or other negotiations, which could reasonably be expected to prejudice the right of the non-disclosing Party;

(v) being information, the disclosure of which could reasonably be expected to endanger a life or physical security of a person;

(vi) being technical, scientific, commercial, financial and market-related information, know-how and trade secrets of a Party;


(vii) being financial, commercial, scientific or technical information, other than trade secrets, of a Party, the disclosure of which would be likely to cause harm to the commercial or financial interests of a non-disclosing Party; and

(viii) being information supplied by a Party in confidence, the disclosure of which could reasonably be expected either to put the Party at a disadvantage in contractual or other negotiations or to prejudice the Party in commercial competition; or

(ix) information the disclosure of which would be likely to prejudice or impair the safety and security of a building, structure or system, including, but not limited to, a computer or communication system; a means of transport; or any other property; or a person; methods, systems, plans or procedures for the protection of an individual in accordance with a witness protection scheme; the safety of the public or any part of the public; or the security of property; information the disclosure of which could reasonably be expected to cause prejudice to the defence of the Republic; security of the Republic; or international relations of the Republic; or plans, designs, drawings, functional and technical requirements and specifications of a Party, but must not include information which has been made automatically available, in terms of the Promotion of Access to Information Act, 2000; and information which a Party has a statutory or common law duty to disclose or in respect of which there is no reasonable expectation of privacy or confidentiality;

(c) Notwithstanding the provisions of this Contract, no Party is entitled to disclose Confidential Information, except where required to do so in terms of a law, without the prior written consent of any other Party having an interest in the disclosure;

(d) Where a Party discloses Confidential Information which materially damages or could materially damage another Party, the disclosing Party must submit all facts related to the disclosure in writing to the other Party, who must submit information related to such actual or potential material damage to be resolved as a dispute;

(e) Parties may not, except to the extent that a Party is legally required to make a public statement, make any public statement or issue a press release which could affect another Party, without first submitting a written copy of the proposed public statement or press release to the other Party and obtaining the other Party's prior written approval for such public statement or press release, which consent must not unreasonably be withheld.

(13) GUARANTEE AND WARRANTIES. The Supplier warrants that:(a) The warranty of structured cabling system supplied under this contract remains valid for

the OEM Warranty period.(b) The installation must be guaranteed for a period of three year to be free from all

defects that can be attributed to equipment and system failure due to poor quality of materials or workmanship (calculated from the date the system was finally accepted by SITA after installation and commissioning).

(c) as at Commencement Date, it has the rights, title and interest in and to the Product or Services to deliver such Product or Services in terms of the Contract and that such rights are free from any encumbrances whatsoever;


(d) the Product is in good working order, free from Defects in material and workmanship, and substantially conforms to the Specifications, for the duration of the Warranty period;

(e) during the Warranty period any defective item or part component of the Product be repaired or replaced within 3 (three) days after receiving a written notice from SITA;

(f) the Products is maintained during its Warranty Period at no expense to SITA; (g) the Product possesses all material functions and features required for SITA’s

Operational Requirements;(h) the Product remains connected or Service is continued during the term of the Contract;(i) all third-party warranties that the Supplier receives in connection with the Products

including the corresponding software and the benefits of all such warranties are ceded to SITA without reducing or limiting the Supplier’s obligations under the Contract;

(j) no actions, suits, or proceedings, pending or threatened against it or any of its third party suppliers or sub-suppliers that have a material adverse effect on the Supplier’s ability to fulfil its obligations under the Contract exist;

(k) SITA is notified immediately if it becomes aware of any action, suit, or proceeding, pending or threatened to have a material adverse effect on the Supplier’s ability to fulfil the obligations under the Contract;

(l) any Product sold to SITA after the Commencement Date of the Contract remains free from any lien, pledge, encumbrance or security interest;

(m) SITA’s use of the Product and Manuals supplied in connection with the Contract does not infringe any Intellectual Property Rights of any third party;

(n) the information disclosed to SITA does not contain any trade secrets of any third party, unless disclosure is permitted by such third party;

(o) it is financially capable of fulfilling all requirements of the Contract and that the Supplier is a validly organized entity that has the authority to enter into the Contract;

(p) it is not prohibited by any loan, contract, financing arrangement, trade covenant, or similar restriction from entering into the Contract;

(q) the prices, charges and fees to SITA as contained in the Contract are at least as favourable as those offered by the Supplier to any of its other customers that are of the same or similar standing and situation as SITA; and

(r) Any misrepresentation by the Supplier amounts to a breach of Contract.

(14) INTELLECTUAL PROPERTY RIGHTS (a) SITA retains all Intellectual Property Rights in and to SITA's Intellectual Property. As of

the Effective Date, the Supplier is granted a non-exclusive license, for the continued duration of this Contract, to perform any lawful act including the right to use, copy, maintain, modify, enhance and create derivative works of SITA's Intellectual Property for the sole purpose of providing the Products or Services to SITA pursuant to this Contract; provided that the Supplier must not be permitted to use SITA's Intellectual Property for the benefit of any entities other than SITA without the written consent of SITA, which consent may be withheld in SITA's sole and absolute discretion. Except as otherwise requested or approved by SITA, which approval is in SITA's sole and absolute discretion, the Supplier must cease all use of SITA's Intellectual Property, at of the earliest of:

(i) Termination or expiration date of this Contract; (ii) The date of completion of the Services; and


(iii) The date of rendering of the last of the Deliverables. (b) If so required by SITA, the Supplier must certify in writing to SITA that it has either

returned all SITA Intellectual Property to SITA or destroyed or deleted all other SITA Intellectual Property in its possession or under its control.

(c) SITA, at all times, owns all Intellectual Property Rights in and to all Bespoke Intellectual Property.

(d) Save for the license granted in terms of this Contract, the Supplier retains all Intellectual Property Rights in and to the Supplier’s pre-existing Intellectual Property that is used or supplied in connection with the Products or Services.

(15) INSURANCE(a) Insurance against loss or damage incidental to manufacture, acquisition, transportation,

storage and delivery is required.(b) In addition, when the Supplier takes over the site, and remains responsible for any loss

or damage on the site, including materials brought onto site for the work to be done.(c) The Supplier shall take out the necessary insurance to compensate for any loss or

damage.(d) Should the insurance not cover and compensate for loss or damage, the Supplier will

pay for the loss or damage not covered.

(16) INSTALLATION (a) A professional registered Electrical or Electronic engineer will provide a certificate of

compliance of the work undertaken by the supplier.(b) Suppliers must supply all test equipment and labour for testing, commissioning and

adjustments for the final installation as well as being in attendance and giving assistance for any inspections and tests that the client may require and provide a test report per LAN point on completion of an installation.

(c) Any cabling and LAN infrastructure installed as part of a solution must be done by a certified technician in accordance with OEM requirements and best practices.

(d) Bidders qualified for Level 1 and 2 may not make any venue alterations such as carpeting, painting, breaking walls, modifying electricity supply, etc.

(e) LEVEL 3 shall in terms of all alterations to buildings or rooms/venues (including cabling, carpeting, painting, etc.) work in conjunction with DPW or the relevant landlord, and subject to DPW processes and policies. In case of PPP buildings that do not allow any alterations by a third party, the RFQ must make provision for this, and coordination must be done with the building landlord during implementation.

(f) A supplier who participates under this agreement to sell a specific product or products is barred from also participating as an OEM for the same product. Subsidiaries, including associated companies and companies within the same group as an OEM, cannot be resellers of the products of that particular OEM. This is done to ensure the fairness of the entire process and to avoid any channel conflict

(g) ICT-based products that have not been certified via the formal SITA Product Certification process may under no circumstances be supplied or quoted via this contract. Supply or quotation of such products to Government will constitute a breach of contract. A process exists whereby products outside of contract may be supplied to Government, but this must be explicitly noted, and is outside the scope of this contract.


(h) The Supplier must ensure that work on OEM products of which the supplier is a value added reseller or partner, is done in accordance with the OEM prescribed procedures and quality standards by person who is certified by the OEM.

(i) The Supplier must adhere to all national electrical, building, safety and construction standards when implementing LAN infrastructure solutions as part of this contract.

(j) Detailed drawings must be supplied for each site where LAN infrastructure installations are done

(k) Wall- and ceiling-mount components must fit into standard SA-size electrical wall boxes or ceiling tiles.

(l) Where applicable, external finish on components must be adaptable to client decor requirements (e.g. wood finish).

(17) SETTLEMENT OF DISPUTES(a) Should any dispute or disagreement what so ever arise at any time between the

employer or his Principle Agents or Agents and the supplier concerning this agreement or its construction or effect or as to the right, duties and / or liabilities of the parties or any of them under or by virtue of this agreement or otherwise or as to any other matter in any way arising out of the subject matter of this agreement then either party may give notice to the other party to resolve such dispute or agreement:

(i) To declare a disagreement within 5 (five) working days of the disagreement by delivering the details of the disagreement in writing to the other party’s domicilium citandi et executandi and;

(ii) On receipt of the notice, the parties, without legal representation will refer the disagreement for adjudication by mediation and resolution by a single mediator within 10 (ten) working days of delivery and receipt of the declaration of a disagreement on the other party, at a place and time to be determined by the mediator. The mediator appointed will be a third party objective to the proceedings.

(b) Failing resolution by mediation of the disagreement within 10 (ten) days of receipt of the notice by the contented party, the disagreement shall be deemed to be a dispute by arbitration as prescribed below:

(i) Nominated on application by mutual agreement between the parties, an arbitrator shall be appointed, which shall be an advocate with at least 10 (ten) years’ experience from the Arbitration Foundation of South Africa. Where no agreement is reached within 10 (ten) working days of such notice of appointment of an arbitrator, the arbitrator shall be the person appointed on written request by either party by the Chairman or is duly authorised nominee from the Arbitration Foundation of South Africa;

(ii) The arbitrator shall at his entire discretion, determine whether the reference to him shall be made in the form of written or oral representation providing that, in making this determination he shall consult the disputing parties and be guided by the desires of the form in which the representation are to be made;

(iii) The arbitrator shall within 10 (ten) working days after receiving the representation, express in writing an award on the matter and shall include his detailed reasons leading to the award;

(iv) The arbitrator shall deliver a copy of his award to every party;(v) The opinion so expressed by the arbitrator shall be final and


(vi) binding on the parties;(vii) The cost of arbitration shall be determined by the arbitrator;(viii) The cost shall be borne by the referring party of the dispute and shall be due and

payable to the arbitrator on presentation to the parties of his written account;(c) A party shall bear its own cost for legal advice that party may have obtained in

connection with the arbitration;(d) Any decision given by any representative of the parties in accordance with any provision

of these agreement prior to or during the facilitation process shall not disqualify him from being called as a witness and given evidence before the arbitration on any matter whatsoever relevant to the dispute or difference so referred to the arbitrator as provided in this clause, specifically with reference to section 1 with its relevant sub-sections, that shall not relieve either party from liability from the due and timeous performance of its obligations;

(e) The arbitrator shall have the power to open up, review and revise any certificate, opinion, decision, requisition or notice relating to any matter in dispute submitted to him and to determine all such matters in the same manner as if no such certificate, opinion, decision, requisition or notice has been issued.

(f) The award of the arbitrator shall be final and binding on the parties and either party shall be entitled to apply on its own cost to have such award made an order of court.

(18) SITE ACCESS(a) The supplier shall have unrestricted access to the site on being given possession thereof

to fulfil his obligations. Any restrictions to the site area, including servitudes and the like, that the supplier may not occupy are defined in the contract data. The supplier shall not extend his operations into such defined areas.

(b) SITA, Contract Manager and agents shall have reasonable access to the works, workshops and other places where work in terms of this agreement is being prepared, executed or stored

(c) The Supplier shall be given reasonable access to the site and any section thereof subsequent to practical completion to fulfil their obligations

(d) The Supplier shall be deemed to have inspected the site and any existing structures thereon and to be thoroughly acquainted with the conditions under which the work is to be executed including the means of access to the works, the condition of the roads and generally of all matters which may influence the execution of the works

(e) Where the existing premises will be in use and occupied during the execution of the work the supplier shall execute the works with the least interference with the general routine of the occupants of the premises and minimize any nuisance from dust, noise or other causes. Specific requirements of the SITA are described in detail in the contract data.

(19) OCCUPATIONAL HEALTH AND SAFETY(a) The Supplier will comply with all construction regulations (the latest published in 2014)

under The Occupational Health and Safety Act 85 of 1993 to ensure health and safety in all construction work.

(b) The supplier must submit a letter of good standing issued by the Compensation Commission.


(20) PROJECT PROGRAM(a) The Supplier must prepare a program which shows when each part of work is to be

done, so that all the work will be finished by the Due Completion Date.(b) This program has to be given to the Contract Manager not later than the number of

days stated in the Contract Data.(c) If the Supplier does not keep up with the program, the Contract Manager may instruct

him to work overtime, or employ more labour or equipment, to make sure that all the work is completed by the Due Completion Date. The Supplier will not be paid extra for this, as he is falling behind his own program.

(d) Should delays arise which are not caused by the Supplier, the Supplier can claim an extension of time, which will make the Due Completion Date later and protect the Supplier from penalties for those delays.

(21) DRAWINGS(a) Prior to commencing the Work the Supplier shall examine and compare the drawings

and specifications with information furnished by the Owner that are Contract Documents and any visible conditions at the site affecting the Work.

(22) INSTRUCTION(a) The Contract Manager may at any time issue Instruction to the Supplier regarding the

execution of the Contract Work and the Supplier shall forthwith comply with such instruction. All such instructions shall be in writing, provided that a verbal instruction will be valid if confirmed by the Supplier in writing not later than the close of the second working day after the day on which the verbal instruction was given.

(23) RETENTION(a) Ten percent (10%) of each amount certified for payment shall be retained by the Owner

as a retention fee until final payment. This is money held back by the Owner to correct defective work. When the project is delivered to the Owner, 50% of the retention money is returned to the supplier, and the balance is released at the end of the defects liability period.

(24) MILESTONE PAYMENTS

(a) Within the number of days specified in the contract data of the relevant RFQ in future the Supplier will present a schedule of milestone payments and payments dates to the Contract Manager that the Contract Manager may agree to, or may request changes of before agreeing to the Milestone Payments.

(b) Payments will be made against undisputed delivered work and goods supplied, installed and tested per project milestone.

(c) THE CONTRACT MANAGER’S MILESTONE PAYMENT CERTIFICATEThe Contract Manager will evaluate the Supplier’s statement, and check that all amounts claimed are due to the Supplier. The Contract Manager will verify that the goods are delivered, installed, tested and that all required services were delivered for the milestone. When the Contract Manager is satisfied that the statement is correct, he deducts the following


(i) All previous payments made;(ii) Any penalties imposed;(iii) Any retention money Milestone Payment Certificate and submit the certificate to

SITA, with a copy to the Supplier, within 7 days of receiving the Supplier’s statement.

(d) PAYMENT BY SITASITA must pay to the Supplier the amount certified by the Contract Manager in the Milestone Payment Certificate within 23 days of receiving the Certificate. However, if the Supplier owes SITA money, SITA may deduct the money owed from the amount in the Milestone Payment Certificate, before paying the Supplier. Where SITA does deduct money owed, he must give reasons to the Supplier for doing so.

(e) WHEN SITA DOES NOT PAY THE SUPPLIERIf SITA does not pay the Supplier within the 30 days, he must pay the Supplier interest, on the prime overdraft rate, until the Supplier is paid.

(25) COMPLETION(a) Practical Completion

(i) When the Supplier believes that the Work is practically complete, he must write to the Contract Manager and request a Certificate of Practical Completion.

(ii) The Contract Manager must answer in 14 days and if he considers that the Work is not practically complete, he must give the Supplier a list of the work which must be done to make the Work practically complete.

(iii) Once the Supplier has properly completed the work on the Contract Manager’s list, the Contract Manager must issue the Certificate of Practical Completion.

(iv) The Contract Manager issues the Certificate of Practical Completion, a list detailing the items of work still to be completed and the defects to be fixed to achieve Completion.

(b) Completion after Practical Completion(i) Completion is the next stage after Practical Completion. It is reached when the

Supplier has completed all of the work and fixed all of the defects that were on the list issued by the Contract Manager with the Certificate of Practical Completion.

(ii) When this happens, the Contract Manager must issue a Certificate of Completion.

(c) The issue of the Certificate of Completion: (i) The Defects Liability Period begins;(ii) Half of the Retention Money which was deducted is paid to the Supplier;(iii) Possession of the site is given back to SITA or SITA’s clients; and(iv) Insurance of the works stops.

(d) Supplier Completions Statement(i) The Supplier must issue a Completion Statement to the Contract Manager not

later than 14 days after the Certificate of Completion has been issued. The Completion Certificate must show the value of work done up to the issue of the Certificate of Completion as well as any other information required by the Contract Manager.

(ii) The Contract Manager will then issue a payment certificate not later than 14 days after receipt of the Completion Statement from the Supplier.


(26) DEFECTS LIABILITY PERIOD

(a) The defects liability period will be a period as stated in the Contract Data.(b) The Defects Liability Period starts when the Certificate of Completion is issued and

continues for the period given in the Contract Data. (c) During the Defects Liability Period, the Supplier shall obey all written instructions from

the Contract Manager to carry out repairs and fix any defects which appear in the completed work, so that, at the end of the Defects Liability Period, all performed work are in the condition required by the Contract.

(d) If the Supplier does not, due to his own fault, finish the repair work or fix the defects by the end of the Defects Liability Period, the Defects Liability Period will continue until all work instructed by the Contract Manager is done.

(i) The Supplier will carry the cost if the Contract Manager decides that the instruction was necessary because of the Supplier’s fault;

(ii) In other cases, SITA will pay.(iii) If the Supplier fails to obey a written instruction from the Contract Manager for

28 days, SITA will have the right to carry out the necessary work himself or employ someone else to do so. If this happens, the Supplier will be responsible for:a. the whole cost of carrying out the necessary work, if the work was due to his

own fault; orb. any additional cost that SITA suffers by having to do the work himself or

through others, if the work was not due to his own fault.(e) At the end of the defects liability, when the Contract Manager is satisfied that all written

instructions to carry out repairs and fix defects have been carried out. Then the remaining 50% of the retention fee will be paid out to the Supplier.

(27) FINAL APPROVAL(a) Final Approval is given when the Contract Manager issues a Final Approval Certificate.(b) The Final Approval Certificate is issued once the Supplier has completed all this duties

during the Defects Liability Period, or if there is no Defects Liability Period, once the Contract Manager is satisfied that the Supplier has completed all his duties.

(28) PENALTIES

(a) PENALTY is a monetary value determined at a rate per calendar day as stated in the contract data.

(b) The Owner, SITA and Supplier recognize that time is of the essence here and the Owner and SITA will suffer financial loss if the Work is not complete within the time specified and agreed, plus any extensions thereof allowed. If the Supplier fails to perform the Work within the specified time set forth in the Contract Documents as adjusted pursuant to this Article, the Owner and Supplier agree that as liquidated damages, and not as a penalty, for delay in performance the Supplier shall pay the Owner/SITA in the amount stipulated in the contract data for each and every calendar day that expires after the agreed completion date, where the Work is not complete and ready for Final Payment, the Owner shall have the right to deduct liquidated damages from any


amount due or that may become due to the Supplier, or to collect such liquidated damages from the Supplier or the Retention. The Owner/SITA has the option to enforce liquidated damages or to waive such damages.

(29) SMME BIDDER AND JOINT VENTURES, CONSORTIUMS AND SUBCONTRACTING

(a) This RFA shall be for the exclusive participation of black SMME’s (EME/QSE) that are at least 51% black owned with a minimum BBBEE status level one (1) and two (2) level.

(b) SMME bidders will not be allowed to dilute their 51% black ownership through joint ventures, consortiums and subcontracting, this implies that the SMME bidder may not enter into a joint venture, consortium agreement or subcontracting agreement with any party that is not EME/QSE with 51% black ownership with minimum level of one (1) and two (2).


10.3. DECLARATION OF ACCEPTANCE

ACCEPT ALL DO NOT ACCEPT ALL

(2) The bidder declares to ACCEPT ALL the Special Condition of Contract as specified in section 10.2 above by indicating with an “X” in the “ACCEPT ALL” column, OR

(30) The bidder declares to NOT ACCEPT ALL the Special Conditions of Contract as specified in section 10.2 above by -

(a) Indicating with an “X” in the “DO NOT ACCEPT ALL” column, and;

(b) Provide reason and proposal for each of the conditions that is not accepted.

Comments by bidder:

Provide reason and proposal for each of the conditions not accepted as per the format:

Condition Reference:

Reason:

Proposal:


11. TERMS & DEFINITIONS

ABBREVIATIONS

B-BBEE Broad Based Black Economic EmpowermentCCTV Closed Circuit TelevisionCIBD Construction Industry Development BoardCSD National Treasury Central Supplier DatabaseDPW Department of Public WorksEME Exempt Micro Enterprises (Turnover <R10million)GCC General Conditions of Contract HVAC Heating, ventilation and air conditioning ICT Information and Communication TechnologyLAN Local Area NetworkNBD Next Business DayOEM Original Equipment ManufacturerQSE Qualifying Small Enterprise (Turnover <R50m)RFA Request for AccreditationRFQ Request for QuotationSCC Special Conditions of ContractSMME Small Medium Micro EnterprisesUPS Uninterrupted Power SupplyUTP Unshielded Twisted Pair

12. DEFINITIONS

Contract Manager means the person, company or firm appointed from time to time by SITA and notified in writing to the Supplier to act as the Contract Manager for the purposes of the Contract. The person appointed may be described by name or as the holder for the time being of a Public Office.

Retention is 10% of the value of the contact value that will be held back on milestone payments by the employer to correct defective work. When the project is delivered to the employer, part of the retention money is returned to the supplier, and the balance is released at the end of the defects liability period.

Owner is SITA or the government department or organisation indicated in the contract data.


ANNEXURE A.4: BIDDER SUBSTANTIATING EVIDENCE

This section is reserved for the bidder to provide information related to the substantiating evidence or comments in the format as required by the bid specification (e.g. text, graphical representation, diagrams, statistical reports, lists, reference letters, copies of product of solution documentation, certificates, licences, memberships, etc.).

Note: The evidence provided in this section will be used by the bid evaluation committee to evaluate the bid. Therefore, each piece of substantiating evidence must be cross referenced to requirements specification section.
