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Invitation to Tender

Tender Name: Provision of ICT Business Intelligence Services for PPECB

Tender Number: RFP/ICT/BIS/2019/51

Date of Issue Tuesday, 12 November 2019Compulsory Briefing 20 November 2019, Venue TBC in Cape TownClosing Date 04 December 2019 at 15h00Method of Submission Tender box, PPECB Main Reception Enquiries Procurement Unit E-mail: thabilel@ppecb.comPPECB business hours 08:15 – 16:45 Category ICT Services

CONTENTS

1 Invitation to Tender.........................................................................................................32 PPECB Background........................................................................................................3

3 Timeline for the bid process..........................................................................................3

4 Scope of Terms of Reference........................................................................................4

5 Tender Information and Instructions............................................................................6

6 Requirements for Tender Submission..........................................................................7

7 Bid Evaluation.................................................................................................................7

8 Special Conditions..........................................................................................................8

9 Insurance.........................................................................................................................8

10 Revisions to Request for Proposal...............................................................................911 Reservations...................................................................................................................9

12 Form of Contract.............................................................................................................913 Further Information.........................................................................................................9

14 Preferential Procurement Requirement......................................................................10

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.

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1.2.3.4.5.6.6.1.

6.16.26.36.46.5

1 Invitation to Tender

Bidders are invited to tender for the provision of ICT BI Services to provide an environment assessment, assistance to draft a roadmap and to implement Microsoft BI components to deliver insights and analytics to the business. It should consider both on premise and Cloud services as required by PPECB

The project contract will commence on 1 February 2020 and finish on completion of the project.

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

2 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, Forestry and Fisheries under the APS Act, No.119 of 1990.

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

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. A large percentage of staff are inspectors and therefore not office bound. In addition to these offices PPECB also has a number of sub offices that operate on a seasonal or ad-hoc basis.

PPECB, mandated by the Department of Agriculture, Rural Development and Land Reform, has been delivering end-point inspection services on perishable products destined for export since 1991. Inspectors, stationed across the country; deliver inspection services on 200 product types at more than 1500 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 information on the PPECB.

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3 Timeline for the bid process

The period of validity of tender and the withdrawal of offers, after the closing date and time is 180 days. The project timeframes of this bid are set out below:

Activity Due Date

Advertisement of bid on Government e-tender portal and PPECB Website 12 November 2019

Briefing and clarification session 20 November 2019

Bid closing date 04 December 2019 at 15h00

Notice to bidder(s) PPECB will endeavor to inform bidders of the progress until conclusion of the tender.

All dates and times in this bid are South African standard time.

Any time or date in this bid is subject to change at PPECB’s discretion. The establishment of a time or date in this bid does not create an obligation on the part of PPECB to take any action or create any right in any way for any bidder to demand that any action be taken on the date established. The bidder accepts that, if PPECB extends the deadline for bid submission (the Closing Date) for any reason, the requirements of this bid otherwise apply equally to the extended deadline.

4 Scope of Terms of Reference

4.1 Project Purpose and background

Perishable Product Export Control Board’s Business Intelligence (BI) department needs to improve reporting to be best suited to serve the internal and external stakeholders.

PPECB has a Microsoft Enterprise Agreement. The organization intends to implement all latest Microsoft Solutions that are procured through this license agreement. During the course of this contract the PPECB will be transitioning to Microsoft Dynamics 365 cloud solution. This will become a new source of data for BI.

The PPECB ICT BI Department is a critical operational support function which provides Information and analytical insight to all internal business departments and external stakeholders alike. BI is managed end-to-end internally, based on its on-premise ICT infrastructure. Currently PPECB uses the following components of Microsoft BI stack:

Microsoft SQL 2014 o SSISo SSMSo SSASo SSRSo Visual Studio o DataZen o Performance and maintenance procedures o SQL agent for Scheduled data loads

Security and User access roles defined

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Backup and restore using ICT selected tool User desktop tools are Excel, with Excel add-ins, such as PowerPivot, PowerView With the implementation of MS Dynamics 365 we will also have access to PowerApps and

PowerBI

In context of the above, PPECB invites proposals from Microsoft BI Service Providers to provide an environment assessment, assistance to draft a roadmap and to implement Microsoft BI components to deliver insights and analytics. It should consider both on premise and Cloud services as required by PPECB.

4.2 Approach

Approach will be to implement incrementally based on the outcome of the assessment, the roadmap and environment readiness as per licensed components.

PPECB Requirements

The PPECB seeks to advance its insights and analytics services to all stakeholders. Key considerations are security and authentication, access to information, standardisation, centralisation of information on one hand, and allowing controlled distribution and accessibility of analytics on the other hand.

The bidder is required to incorporate MS Dynamics 365 data as a new source to BI and embrace the use of PowerApps and PowerBI. Knowledge transfer to PPECB resources is required as part of the roadmap and implementation.

The requirement is to activate all insights and analytics elements of the Microsoft Enterprise Agreement (EA) license to unlock its value towards the realisation of Strategic objectives. This should be done in line with the adopted strategic ICT objectives including our cloud strategy.

Project Dependencies:

The recommendations will have to align closely with MS-EA PPECB partner for licenses provisioned and cloud strategy ICT support outsource partner for environment configuration and support Projects changing source data provided to BI MS Dynamics 365 implementation

Specifications

PPECB has identified the following as critical to deliver excellent insights and analytical services

a) An assessment of the existing environment and components in use, with documented findings and recommendation

b) A roadmap to implement and improvea. Data governance to include master data management and a data quality services b. Data management to align with POPIA and PAIAc. Data integration into existing Data Warehoused. Add additional sources of data

i. External industry informationii. Website information

e. Information visualisation, includingi. Dashboardii. Graphs

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iii. Drilldowniv. Multi-dimensional analytics

f. Easy access to informationi. On premiseii. Mobile devicesiii. External partiesiv. Self-help e.g. PowerApps

g. Security and access control to information for internal and external stakeholdersh. Workflow to validate information before external delivery and accessi. Data extracts delivery and distribution to external parties

c) Information collaboration using Office 365 and MS Dynamics 365 capabilitiesd) Connectors for Machine Learning and Artificial intelligence componentse) Knowledge transfer to PPECB ICT BI resourcesf) Implementation and roll-out plang) Recommendation to maintain the solution after implementation

ApproachPPECB is looking at a phased approach in addressing the required improvement. Individual phases and milestones to be defined, and engagement will be agreed and approved incrementally for implementation.

The proposed solution in response to PPECB’s specific situation should be guided by best practice, industry trends and key industry architecture principles aligned to Microsoft principles.

5 Tender Information and Instructions

The tender submission and assessment process will be conducted in compliance with the Public Finance Management Act of 1999, Supply Chain Regulations 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.

The following terms shall have the following meanings:

Invitation to Tender: This DocumentContact Office: The Procurement Office

PPECB, 45 Silwerboom Avenue, PlattekloofPublic Entity: Perishable Products Export Control Board (PPECB)Bidder: The person / organisation submitting a tender bid to

the PPECB under this tender.

The PPECB invites Bidders in accordance with the information in this pack to submit fixed prices for providing the required products and services.

Bidders are required to submit detailed evidence to demonstrate its ability to provide the products and services they will deliver on this tender.

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.

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The bid will consist of two parts and shall be submitted in two separate sealed envelopes indicating the name of the bidder, tender number and date.

The following documents must be submitted as part of the response to this bid request.

Form No Document Description1.       SBD 1 Invitation to Bid2.       SBD 3.1 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 Practices7.       SBD 9 Certificate of Independent Bid Determination8. CSD Registration Proof of CSD registration (Summary report)

6. Requirements for Tender Submission

The Bidder will submit 2 envelopes as follows

Envelope 1 - The entire technical proposal/specifications (No Pricing in this envelope). Envelope 2 – All the pricing and SBD documents indicated under Point No. 4 above. Please insert a copy of the tender documents in Ms Word format on a USB stick in

envelope 1 and envelope 2.

The Standard bidding forms (SBD Forms) must be signed by an authorized person representing the bidder.

The tender and accompanying documents shall be carefully parcelled, sealed and be delivered to the Procurement Office no later than 15h00 on 04 December 2019.

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: BID: RFP/ICT/BIS/2019/51 - ICT BI Services for PPECB

No late tender shall be considered. Late tenders will be opened after the Contract has been awarded, for the sole purpose of identifying Bidders.

Tenders will be opened in accordance with the relevant procedures.

7. Bid Evaluation

7.1. Pre-Qualification Criteria

The following is the pre-qualifying criteria that are applicable to this tender, any bidder who does not meet them will be disqualified and shall not be evaluated further:

a) Preferential Procurement - Only Bidders with a B-BBEE status level 1 to 4 may respond to this tender, therefore proposals from bidders with B-BBEE level 5 to 8 will not be considered for this bid.

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b) The bidder, its directors and Sub-contracted third parties and their directors must not be restricted to do business with the state or other organs of the state and not listed as defaulters on National Treasury database.

c) Valid and current Microsoft Certified BI Partner (provide certificate)

7.2. Evaluation Criteria

Responses will be evaluated using a predetermined set of evaluation criteria. The evaluation criteria are designed to reflect the PPECB’s requirements in terms of identifying a suitable service provider and ensure the selection process is transparent and afford all the bidders a fair opportunity for evaluation and selection.

During the evaluation process, the PPECB may require a bidder’s representative to answer questions with regards to the proposal and/or require certain bidders to make a formal presentation to the evaluation team.

7.3. B-BBEE and Price

The tender responses will be evaluated on the 80/20-point system. Please provide detailed breakdown of all direct and indirect costs associated with the contract, including all fees if any for the full contract period.

PPECB supports and is committed to the Broad-Based Black Economic Empowerment (“B-BBEE”) objectives as defined in the Broad-Based Black Economic Empowerment Act 53 of 2003 (“the B-BBEE Act”). The B-BBEE status of the Service Provider will therefore be used in the evaluation criteria for this RFP. Each Service Provider responding to this RFP must also submit the following:

(i) A B-BBEE rating certificate issued by a member of and accredited B-BBEE rating agency.

(ii) Details on ownership by black people, reflected through equity ownership and control.

(iii) Details of the Product and/or Services that the Service Provider intends to procure from Black Empowered Enterprises and/or Black Enterprises in respect of this RFP. These include:

a. Full contact details of such entities and their representatives.

b. Full details about the specific product and/or services to be procured from such entities.

8. Special Conditions

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

b) 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.

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

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

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9. Insurance

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.

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

10. Revisions to Request for Proposal

If 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.

11. Reservations

a) 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.

b) 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.

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

To reject all proposals. Accept one or more Proposals; Accept a Proposal other than the lowest priced Proposal; Consider or accept any Proposal not conforming with the requirements of this RFP; Refuse to consider any Proposal not conforming with the requirements of this RFP; Ask any Supplier to supply further information after the closing date; Cancel this RFP or any part thereof at any time; 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.

12. Form of Contract

The PPECB and the successful Bidder will enter into a written contract and/or Service Level Agreement in respect of the products and services detailed in this Invitation to Tender.

The form of contract and/or Service Level Agreement will be as agreed between the PPECB and the successful Bidder.

13. Further Information

For further information a Bidder may contact the Procurement Office at the address shown below

Physical Address PPECB, 45 Silwerboom Avenue, PlattekloofPostal Address PPECB, The Procurement Office

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PO Box 15289, Panorama, 7506Contact number +27 21 9301134Enquiries Thabile Langa – thabilel@ppecb.com

Ppecb-procurement@ppecb.com Operating Hours 08h15 – 16h45 (Monday to Friday)

14. Preferential Procurement Requirement

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).

Preference points for this bid shall be awarded for:

Price; and B-BBEE Status Level of Contribution.

14.1. Points awarded for price

A cost estimate for the contract period of the year, which must include related assumptions and details make up.

(i) Costs must be quoted as required(ii) The total quotation must be inclusive of VAT

NOTE: No variation, to the accepted quote, will be allowed unless the service provider has obtained prior written approval from PPECB.

Quotes should include the following:

All prices must include VAT. Service providers are welcome to add an Annexure with a more comprehensive cost

breakdown. Offer to be valid for 120 DAYS from the closing date of the Tender.

14.2. Points awarded for B-BBEE status level of contribution

In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points will be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table as set out in the Preference Points Claim Form.

14.3. Technical Evaluation

The evaluation is based on functionality, which will be evaluated using the following criteria and points:

(i) Pre-qualification - Phase 1 The bidders will be evaluated on the pre-qualification criteria as stated on page

7. Bidders who do not meet these criteria’s will not be evaluated further.

(ii) Paper-based Evaluation – Phase 2__________________________________________________________________________________

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The tender submission will be technically evaluated out of a maximum of 155 points based on the bidder’s paper-based submission.

A threshold of 135 points out of the 155 has been set Only bidders achieving 135 points and minimum threshold will qualify to be

evaluated for Phase 3

(iii) Due Diligence - Phase 3 A due diligence exercise will be conducted by PPECB to the shortlisted vendors

from phase 1 and 2 of the evaluation process. Only vendors who meet the minimum requirements of 50 points on the due

diligence will be further evaluated for phase 4 price and preference

(iv) Price and Preference – Phase 4 All bidders meeting the set threshold will qualify to be further evaluated on B-

BBEE and Price.

14.4. Objective Criteria

(i) The PPECB reserve the right not to consider proposals from bidders who are currently in litigation with the PPECB

(ii) The PPECB further reserve the right not to award this tender to any bidder based on the proven poor record of accomplishment of the bidder in previous projects within the PPECB and the referee submitted by the bidder.

14.5. Technical Evaluation Criteria

Allocation of points on functional and technical evaluation will be to criteria within the following framework:

Pre-qualification Criteria - Phase 1:

The following is the pre-qualifying criteria that are applicable to this tender, any bidder who does not meet them will be disqualified and shall not be evaluated further

No. Pre-Qualification Criteria Yes No

1

Preferential Procurement - Only Bidders with a B-BBEE status level 1 to 4 may respond to this tender, therefore proposals from bidders with B-BBEE level 5 to 8 will not be considered for this bid.

 

The bidder, its directors and Sub-contracted third parties and their directors must not be restricted to do business with the state or other organs of the state and not listed as defaulters on National Treasury databaseProvide a valid and current Microsoft Certified BI Partner (provide certificate)

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Phase 2:

No. # Evaluation Criteria Maximu

m PointsMinimum Threshold

1 Company Experience

State the total years’ experience of the company in the provision of these services.Microsoft partner for BI / Data and Analytics

> 5 years = 10 3-5 -years = 5 Below 3 years = 0

10

2 References

Provide at least 3 testimonials from your current and/or previous clients in the past 5 years, whom you have implemented these services covering at least 6 of the below items (on a client letterhead):

3-4 testimonial detail = 10 1-2 testimonial detail = 5

10

3 Project Key Resources

Provide CV's of the Key resources of the project, CVs must reflect

3-year tertiary qualification in IT, Stats, Maths, IS, Comp Science (5)

MS BI related certification (10) Minimum 5 years relevant project experience in BI (10)

25 15

4 Certification Provide a valid Microsoft BI Partner Certification = 30 Points 30 30

5 Project Methodology 

Provide project methodology (BI and Project Management) in use for implementation

Describe end to end BI/ PM methodology and controls (5)

Roles & responsibilities in project lifecycle (5) High-level plan with work breakdown steps (10)

20

6 Project Deliverables

Provide a high-level BI roadmap for the following: assessment process (10) implementation plan (10) estimated milestones and phases based on your

methodology (10) identify quick wins and further recommendations (10) demonstration of knowledge transfer plan (10)

50 40

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7 Local presence

Provide a list of office locations in South Africa (5) and confirm in writing the ability to provide on-site support when required to PPECB BI team at Head Office (Cape Town) (5)

10 8

Total Points 155

The minimum required points for the bidder to be considered for phase two is 135 points. Any bidder that scores below the minimum threshold points on criteria 3, 4 and 6 and doesn’t meet the total minimum threshold of 135 points will be regarded as non-responsive and therefore disqualified.

VERY IMPORTANT: Technical documents must be arranged in sequence of the above criteria in a pack with clearly marked sections according to the headings listed above.

Phase 3 – Due Diligence

The shortlisted bidders from the technical evaluation criteria will be evaluated on the due diligence. The submitted testimonials will be verified as part of the due diligence exercise.

    Evaluation Criteria - Due Diligence Maxim Points 

Minimum

Points 

 Due Diligence

Minimum requirements for a similar project for 3 client due diligence visits:

Scope relevant to a similar project (5) Project timelines for the project completed (5) Methodology used for BI implementation (5) Technology used, MS SQL SSIS, SSAS, SSRS and

Dashboarding (5) Experience of transition from on premise to cloud Data

Warehouse and Business Intelligence (5) Dashboard and Analytics visualisation using PowerBI

developed (5) Mobile reporting implemented (5) Work flow for data validation (5)

Additional capabilities Machine learning (5) Natural Language (5) Artificial intelligence (5) External data delivery (5) Streaming analytics (5) Office 365 reporting collaboration (5) Master Data services and Data Quality services (5)

75  50 

Only bidders who achieved a minimum threshold of 50 points for the due diligence and achieved the minimum threshold on phase 2 will be evaluated for phase 3 Price and Preference.

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14.6. Appointment of Service Provider

a) The contract will be awarded to the bidder who scores the highest total number of points during the evaluation process, except where the law permits otherwise.

b) Appointment as a successful service provider shall be subject to the parties agreeing to mutually acceptable contractual terms and conditions. In the event of the parties failing to reach such agreement within a mutually agreed date after provisional appointment date, PPECB reserves the right to appoint an alternative supplier.

c) PPECB reserves the right not to award this bid to any service provider

14.7. Enquiries and Contact with the PPECB

Any enquiry regarding this RFP shall be submitted in writing to PPECB at thabilel@ppecb.com with “RFP No: RFP/ICT/BIS/2019/51- The provision of ICT BI Services for PPECB” as the subject.

Contact by any means whatsoever with PPECB personnel is not permitted during the RFP process other than as required through existing service arrangements and/or as requested by the PPECB as part of the RFP process. Any form of canvassing by the bidder to any member of staff or supplier, for purposes of influencing the award of the contract, will automatically disqualify the bidder from the evaluation process. Bidders shall not offer or give any consideration of any kind to any employee or representative of the PPECB as an inducement or reward for doing, or refraining from doing, any act in relation to the obtaining or execution of this or any other contract with the PPECB.

14.8. Medium of Communication

All documentation submitted in response to this RFP must be in English, unless otherwise indicated under technical specification.

14.9. Cost of Proposal

Bidders are expected to fully acquaint themselves with the conditions, requirements and specifications of this RFP before submitting proposals. Each bidder assumes all risks for resource commitment and expenses, direct or indirect, of proposal preparation and participation throughout the RFP process. The PPECB is not responsible directly or indirectly for any costs incurred by bidders.

14.10. Correctness of Responses

(i) The bidder furthermore confirms satisfaction regarding the correctness and validity of their proposal and that all prices and rates quoted cover all the work/items specified in the RFP, and that prices and rates quoted cover all obligations under any resulting contract.

(ii) The bidder accepts that any mistakes regarding prices and calculations will be at their own risk

14.11. Verification of Documents

(i) Bidders should check the numbers of the pages to satisfy themselves that none are missing or duplicated. No liability will be accepted by the PPECB in regard to anything arising from the fact that pages are missing or duplicated.

(ii) Pricing schedule and B-BBEE credentials should be submitted with the proposal, but as a separate document and no such information should be available in the technical proposal.

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14.12. Sub-Contracting

(i) A bidder will not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an exempted micro enterprise that has the capability and ability to execute the sub-contract.

(ii) A bidder awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an exempted micro enterprise that has the capability and ability to execute the sub-contract.

14.13. Additional Terms and Conditions

(i) A bidder shall not assume that information and/or documents supplied to PPECB, at any time prior to this request, are still available to PPECB, and shall consequently not make any reference to such information document in its response to this request.

(ii) Copies of any affiliations, memberships and/or accreditations that support your submission must be included in the tender.

(iii) In case of proposal from a joint venture, the following must be submitted together with the proposal:

• Joint Venture Agreement including split of work signed by both parties;

• The original or certified copy of the B-BBEE certificate of the joint venture;

• The Tax Clearance Certificate of each joint venture member;

• Proof of ownership/shareholder certificates/copies of Identity document; and

• Company registration certificates.

(iv) An omission to disclose material information, a factual inaccuracy, and/or a misrepresentation of fact may result in the disqualification of a tender, or cancellation of any subsequent contract.

(v) Failure to comply with any of the terms and conditions as set out in this document will invalidate the Proposal.

14.14. PPECB reserves the right

(i) Extend the closing date; (ii) Request documentary evidence regarding any tendering issue; (iii) Appoint one or more service providers, separately or jointly (whether or not they submitted a

joint proposal); (iv) Award this RFP as a whole or in part; and (v) Cancel or withdraw this RFP as a whole or in part.

14.15. General Terms and Conditions

Confidentiality

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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 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.

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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.

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.

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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.

14.16. Disclaimer

This RFP is a request for proposals only and not an offer document; answers to it must not be construed as acceptance of an offer or imply the existence of a contract between the parties. By submission of its proposal, bidders shall be deemed to have satisfied themselves with and to have accepted all Terms & Conditions of this RFP. The PPECB makes no representation, warranty, assurance, guarantee or endorsements to bidder concerning the RFP, whether with regard to its accuracy, completeness or otherwise and the PPECB shall have no liability towards the bidder or any other party in connection therewith.

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DECLARATION BY THE BIDDER

Only bidders who have completed the declaration below will be considered for evaluation.

RFP No: RFP/ICT/BIS/2019/51--/-- Provision of ICT BI Services

I hereby undertake to render services described in the attached RFP documents to PPECB in accordance with the requirements and task directives / proposal specifications stipulated in RFP No. RFP/ICT/BIS/2019/51--/-- Provision of ICT BI Services at the price/s quoted. My offer/s remains binding upon me and open for acceptance by the PPECB during the validity period indicated and calculated from the closing date of the proposal.

I confirm that I am satisfied with the correctness and validity of my proposal; that the price(s) and rate(s) quoted cover all the services specified in the proposal documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this proposal as the principal liable for the due fulfilment of this proposal.

I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other proposal.

I accept that the PPECB may take appropriate action should there be a conflict of interest or if this declaration proves to be false.

I confirm that I am duly authorised to sign this proposal.

NAME (PRINT) …………………………..….

WITNESSES

1 …….……………………………

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2 ……….…………………………

NAME (PRINT) …………………………..….

CAPACITY …………………………….

SIGNATURE …………………………….

COMPANY NAME ………………………….…

DATE ……………………………..

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WITNESSES

1 …….…………………………… 2 ……….…………………………

DATE: .…………………………..