BROADBAND INFRACO (SOC) LTD Date : 12 March 2021 Enquiries ... · response. 3.3 The tender...

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BROADBAND INFRACO (SOC) LTD Date : 12 March 2021

Enquiries: Zanele Sibiya Tel : 011 235-1616 E-Mail [email protected]

Dear Sir/Madam, REQUEST FOR PROPOSALS: INF/TEN 0272 CLOSING DATE: 15 APRIL 2021 AT 12h00 (CENTRAL AFRICAN TIME). INVITATION TO SUBMIT A PROPOSAL: APPOINTMENT OF A TRAVEL MANAGEMENT COMPANY (TMC) WHO WILL RENDER CORPORATE TRAVEL SERVICES FOR BROADBAND INFRACO (SOC) LIMITED FOR A PERIOD OF TWENTY- FOUR (24) MONTHS.

Please take note that this is a confidential request and you are requested to treat all information, including this Request for Proposals (RFP) as confidential and you must not discuss or divulge this information to any 3rd party without our written permission.

1. BACKGROUND ON BROADBAND INFRACO

Broadband lnfraco legislative mandate is set out in the Broadband lnfraco Act No. 33 of 2007 (the "Act"). The main objectives as set out in the Act are to expand the availability and affordability of access to electronic communications, including but not limited to underdeveloped and under serviced areas, in accordance with the Electronic Communications Act and commensurate with international best practice and pricing, through the provision of electronic communications network services and electronic communications services.

In addition, Broadband lnfraco must comply with the Public Finance Management Act of 1999 as amended (the "PFMA"), National Treasury Regulations issued in terms of the Public Finance Management Act, and the Companies Act No. 71 of 2008 and other laws that govern the financial affairs, the stability and soundness of the financial system and manage the budget preparation process; and enforce transparency and effective management in respect of revenue and expenditure, assets and liabilities, of the Company.

2. OBJECTIVE The objective of this Request for Proposal (RFP) is to appointment a Travel Management Company (TMC) who will render corporate travel services at Broadband lnfraco (SOC) Limited for a period of twenty - four (24) months. Once Broadband lnfraco (SOC) Limited has received and evaluated the responses, an award is expected to be made to one service provider. This process is dependent on the decisions made by the company's adjudicating committee.

3. LODGING OF TENDER AND CLOSING DATE

Your response in a sealed envelope and endorsed.

CONFIDENTIAL

mailto:[email protected]

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INVITATION TO SUBMIT A PROPOSAL: APPOINTMENT OF A TRAVEL MANAGEMENT COMPANY (TMC) WHO WILL RENDER CORPORATE TRAVEL SERVICES FOR BROADBAND INFRACO (SOC) LIMITED FOR A PERIOD OF TWENTY- FOUR (24) MONTHS. NAME OF BIDDER ON THE COVER. REQUEST FOR PROPOSALS INF/TEN 0272 ATTENTION: ZANELE SIBIYA

Must be delivered to Broadband Infraco (SOC) Limited at Country Club Estate, Building 9, 21 Woodlands Drive, Woodmead, Sandton before 12h00 (RSA Time) on 15 April 2021.

One (1) original submission, one (1) copy of the original submission AND one copy saved in a USB. NB* All information as per the hard copy proposal must be saved on the USB.

Incomplete information will be rejected and Broadband Infraco will NOT accept late

responses.

3.1 Broadband Infraco’s Representative’s details for this RFP is:

Name : Zanele Sibiya Address : Woodmead Country Club Estate, Building 9, 21 Woodlands Drive, Woodmead, Sandton Tel No. : + 27 11 235 1616 E-Mail : [email protected]

3.2 Please take note that all questions or queries on this RFP must be communicated in

writing to Broadband Infraco’s Representative at the above-stated electronic mail address.

In terms of Broadband Infraco’s Corporate Policy, all questions and queries received will be answered in writing. In the interests of fairness, the question together with Broadband Infraco’s clarification and/or response thereto will only be made available to those bidders who have submitted a Receipt of Invitation Form indicating an intention to tender. The name of the bidder who requested clarification and/or posed a question will not be reflected in the clarification and/or response.

3.3 The tender documents are: 3.3.1 This RFP and the documents attached to this RFP as set out in the document list and; 3.3.2 Such addenda, responses to bidders’ queries and clarifications as may be issued by Broadband

Infraco from time to time. 3.4 The provisions of this RFP and Broadband Infraco's Standard Conditions of Tender (Annexure

B) are taken to be mutually explanatory of one another but in the event of ambiguity, discrepancy, divergence, inconsistency or omission from or in or between this RFP and Broadband Infraco's Standard Conditions of Tender, the provisions of this RFP shall take precedence over the provisions of Broadband Infraco's Standard Conditions of Tender.

3.5 A bidder is a person, original, partnership, agent, joint venture, firm or company eligible to submit

a tender in response to this RFP.


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3.6 Broadband Infraco deems that a submission of a proposal by a bidder in response to this RFP

constitutes the bidder’s acceptance of the Standard Conditions of Tender and the additional terms contained in this RFP.

3.7 Broadband Infraco’s reservations of rights in respect of the tender: 3.7.1 Bidders’ attention is specifically drawn to the fact that a contract in respect of the Broadband

Infraco’s requirements will not necessarily result from the tender responses that are received in response to this RFP. Broadband Infraco reserves the right to conduct a further procurement process with or without a request for tender or to enter into negotiations with any one or more of the bidders, should it decide to proceed with contract award.

3.7.2 Broadband Infraco reserves the right to subject bidders and their facilities to assessment as part

of the evaluation process or as a condition of the contract award. 3.7.3 Broadband Infraco reserves the right not to evaluate and/or consider any proposal by a bidder

that do not comply strictly with the requirements as set out in this RFP and/or who do not meet one or more of the prerequisite tender requirements set out in the technical criteria (Annexure L).

3.7.4 Broadband Infraco reserves the right to decide on the contract award based solely on the

information received in the responses to this RFP. Broadband Infraco also reserves the right to use relevant information not contained in any tender but which is within the knowledge of any employee or Board member of Broadband Infraco or its advisors, agents or representatives for the purposes of making its decision.

3.8 Disclaimer of liability for representations, warranties or statements

Broadband Infraco believes all information contained in this RFP (and all its schedules and annexes) and all guidelines or in any other written material furnished or information orally transmitted to a potential bidder (including, but not limited to any opinion, information or advice that may be provided to a potential bidder by or on behalf of Broadband Infraco) to be correct but Broadband Infraco does not (save to the extent otherwise expressly provided for in a future written agreement with a successful bidder) make any representations or warranties, express or implied as to the accuracy or completeness of such information and expressly disclaims any and all liability for such representations, warranties or statements.

3.9 Black Economic Empowerment

Broadband Infraco requires all interested parties to provide their valid Broad Based Black Economic Empowerment status from a verified agency, sworn affidavits from QSEs and EMEs to be eligible to claim BBBEE points.

Broadband Infraco is committed to Broad Based Black Economic Empowerment principles and as such complies to the BEE Codes of Good Practice published by the Department of Trade Industry (DTI). The bidder is expected to be evaluated on these principles and must present a valid BBBEE status certificate and BBBEE scorecard based on the DTI Interpretative Guide to the Codes of Good Practice.

http://www.thedti.gov.za/bee/InterpretiveGuide28june07doc.pdf)

http://www.thedti.gov.za/bee/InterpretiveGuide28june07doc.pdf

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4. KEY TENDER DATES

4.1 The following key tender dates are applicable to this tender:

Activity Key Tender Dates

Tender publication date: 14 March 2021

Briefing session No briefing session

Closing date for written questions 01 April 2021

Deadline for responding to questions 09 April 2021

RFP closing date 15 April 2021 @12h00 noon

Any questions which may arise with regard to the interpretation of the RFP, or additional information required to clarify the RFP are to be submitted to:

Attention: Zanele Sibiya Broadband Infraco (SOC) Limited Telephone no. : +27 11 235 1616 Email: [email protected]

The bidder is requested to refer to the clause and sub-clause number(s) to which its questions relate.

4.2 The validity period of the tender is one hundred and twenty (120) days from the tender closing date with the possibility of extension should it be necessary to allow the evaluation process.

5. BIDDERS OBLIGATIONS

5.1 Number of copies required.

A hard copy of each tender must be submitted as an original along with one (1) additional hard copy and one electronic copy of the complete tender on USB.

5.2 Required information for evaluation.

Make available all information in the response indicating compliance and/or non-compliance of each item required by the bid.

Acknowledging that non-submission of information required to evaluate of administrative and functionality will disqualify or prejudice the bidder in claiming and getting points where points are allocated.

5.3 Compliance and deviations

Indicate clearly which item of the bid is not quoted for or any deviations to the scope and specification of this bid.

6. CONDITIONS OF CONTRACT

Broadband Infraco will only accept proposals from interested parties that are prepared to accept and comply with the contract conditions as per the NEC3 Professional Services Contracts (PSC3), as published by Thomas Telford Publishing on behalf of the Institution of Civil Engineers, United Kingdom. Copies available from Thomas Telford Ltd, 1 Heron Quay, London. (ISBN 0 7277 2634 X).

In South Africa, the published NEC can be purchased from Thomas Telford Publications, telephone number (011) 803 3008, and fax number (011) 803 3009.


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The NEC Professional Service Contract will be accompanied by the Service Level Agreement provided and signed for by both parties to the contract for a period of twenty-four (24) months.

7. SCOPE OF WORK Provision of corporate travel services for Broadband Infraco (SOC) Limited for a period of twenty- four (24) months. See attached Annexure K

8. EVALUATION CRITERIA

The tender will be evaluated by taking into account information requested in this RFP. Please refer to Annexure K for specifications and the evaluation criteria

8.1 Mandatory administrative and technical requirements

Mandatory administrative and technical requirements (gatekeepers) of the bid (see Annexure C, K and L for detailed mandatory administrative and technical requirements of this bid).

8.2 Black Economic Empowerment BBBEE is a deliberate socio-economic process or intervention strategy designed to redress the imbalances of the past and to facilitate the participation of Black people in the economy. Broadband lnfraco shall apply the provisions of the Broad Based Black Economic Empowerment Act and its codes of good practice as verification of the bidders' BEE status.

8.3 Insurance Provide details of local as well as international professional indemnity insurance (if applicable).

8.4 Joint Ventures/Distributors/Agents

In the event that a proposal is submitted by a consortium/joint venture, each party, consultant and or sub-contractor of such consortium/joint venture must complete or provide each of the documents mentioned below: -

• Company Registration Document and certified ID copies of directors/partners/members

• Fully completed SBD Forms

• Valid Tax Certificate

• Tax Pin Compliance Status Letter obtainable from SARS

• CSD Report

• Company profile

• JV Agreement

• Valid consolidated B-BBEE certificate/Affidavit

9. COMPANY INFORMATION REQUIRED

a. General Data

Registered Company Name

Postal Address

Contact Person

Position in the Company

Telephone number

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E-Mail address

b. SARS Certificate (for South African registered companies only)

Bidder is required to provide Broadband Infraco with the Tax compliance status verification PIN (Third party authorization) to be used by Broadband Infraco to verify the bidder’s tax compliance status.

Bidder is required to provide Broadband Infraco with the Central Supplier Database Master Registration Number (MAAA number) to verify the bidder’s tax compliance status.

c. Shareholding and Directors

The firm must indicate the nature of the shareholding of the firm and provide the names of directors of the firm. Bidders must indicate percentage owned by black women, black youth and disabled people.

d. National Treasury List of Restricted Service Providers

No bid will be awarded to a person or company who has been listed in the National Treasury lists of restricted service provider/suppliers as updated by National treasury.

e. National Treasury’s Central Supplier Database (NT - CSD)

With effect from 1 April 2016, accounting officers and accounting authorities may not award any bid to a supplier/service provider not registered as a prospective supplier on the National Treasury’s Central Supplier Database.

Bidder is required to provide Broadband Infraco with the Central Supplier Database Master Registration Number (MAAA number) or bidder’s CSD report.

10. DISCUSSIONS

Broadband Infraco reserves the right to call upon any bidder to discuss or present its proposals as and when deemed necessary at the bidder’s cost.

Under no circumstances will a presentation by or negotiation with any bidder constitute an award or promise / undertaking to award the contract.

11. YOUR PROPOSAL

To submit a valid and acceptable proposal to Broadband Infraco, your proposal/offer must include the following:

• Comply with all administrative and functionality evaluation requirements.

• A cover letter on your firm's official letterhead including acceptance of the requirements of the bid and the conditions in the bid document;

• Confirmation that all the mandatory compliance and requirements of the bid have been met with all the required documents submitted;

• Provide your Central Supplier Database report (Compulsory);

• Provide a valid tax Clearance pin (Compulsory).

• Provide company CK documents with ID copies of directors (Compulsory)

• Provide a valid B-BBEE certificate or sworn affidavit

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12. SPECIAL CONDITIONS OF THIS BID

These special conditions must be read in conjunction with the general conditions and NEC3 conditions that are applicable to this bid.

- Broadband Infraco reserves the rights to suggest partnerships or joint venture to be

formed between bidders, or that the assignment must be awarded to an exclusive BEE

firm.

- Broadband Infraco reserve the rights to amend any conditions, validity period, etc. in

the event of material changes to the procedures, all parties will be duly notified and be

dealt with transparently and equitably.

- To award this tender to a bidder that did not score the highest total number of

points, only in accordance with section 2(1)(f) of the PPPFA (Act 5 of 2000), as

amended.

- To negotiate with one or more preferred bidder(s) identified in the evaluation

process, regarding any terms and conditions, including price without offering the

same opportunity to any other bidder(s) who has not been awarded the status of the

preferred bidder(s).

- To accept part of a tender rather than the whole tender.

- To carry out site inspections, product evaluations or explanatory meetings in order

to verify the nature and quality of the services offered by the bidder(s), whether

before or after adjudication of the Bid.

- To correct any mistakes at any stage of the tender that may have been in the Bid

documents or occurred at any stage of the tender process.

- To cancel and/or terminate the tender process at any stage, including after the

Closing Date and/or after presentations have been made, and/or after tenders

have been evaluated and/or after the preferred bidder(s) have been notified of their

status as such.

- Award to multiple bidders based either on size or geographic considerations

(where applicable).

- Other conditions additional to the ones mentioned above will be discussed and agreed

between Broadband Infraco and the successful bidder/s prior contracting.

13. SIGNED CONFIDENTIALITY AGREEMENT

The attached confidentiality agreement included in Annexure E must be signed by the person who is authorised to sign on behalf of the firm and returned with the response to this RFP.

14. BID APPROVAL

Bid document for INF/TEN:0272– INVITATION TO SUBMIT A PROPOSAL: APPOINTMENT OF A TRAVEL MANAGEMENT COMPANY (TMC) WHO WILL RENDER CORPORATE TRAVEL SERVICES FOR BROADBAND INFRACO (SOC) LIMITED FOR A PERIOD OF TWENTY- FOUR (24) MONTHS.

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.................................. Maleshini Naidoo Acting General Manager – Supply Chain Management

Date: _____________________

12/03/21

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RECEIPT OF INVITATION FORM

TO: Broadband Infraco (SOC)

Ltd FROM

Country Club Estate, Building 9

Name of firm

Attention

21 Woodlands Drive, Woodmead, Sandton Zanele Sibiya

Sender Email

___________________________

Tel No. 011 235-1616 Tel No.

REQUEST FOR PROPOSALS:INF/TEN: 0272 CLOSING DATE: 15 APRIL 2021 @ 12h00 NOON

INF/TEN:0272 – INVITATION TO SUBMIT A PROPOSAL: APPOINTMENT OF A TRAVEL MANAGEMENT COMPANY (TMC) WHO WILL RENDER CORPORATE TRAVEL SERVICES FOR BROADBAND INFRACO (SOC) LIMITED FOR A PERIOD OF TWENTY- FOUR (24) MONTHS. 1 We have noted the deadline for the RFP submission and will be submitting our quotation before

then and as instructed. We propose to submit a quotation in the name of the firm stated above.

2 We do not intend to submit a response for this service and return all of the attached

documentation herewith. Our reason for not wishing to submit a quotation is as follows:

Nota Bene (NB)*

• This form must be sent back to Broadband Infraco’s contact on the deadline of question responses –09 April 2021 to allow Broadband to send responses and for individual bidders to prepare the responses so as the closing date cannot be affected by late questions and responses.

• Submission of this form will help Broadband Infraco compile a list of interested bidders who will be directly contactable when there are scope changes, addendums and/or for any formal communication for tender INF/TEN: 0272

Yours faithfully for the bidder

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ANNEXURES

1. RFP Document

2. Annexure A : Document list.

3. Annexure B : Broadband Infraco Standard Conditions of Tender.

4. Annexure C : Bid evaluation methodology

5. Annexure D : Tender returnables.

6. Annexure E : Confidentiality Agreement.

7. Annexure F :Invitation to Bid SBD 1

8. Annexure G : Declaration of Interest (SBD) 4

9. Annexure H : Preferential Procurement claim form SBD 6.1 2017

10. Annexure I : Declaration of bidder’s past Supply Chain Management Practices SBD 8

11. Annexure J : Independent bid determination SBD 9.

12. Annexure K : Scope of work

13. Annexure L : Technical Evaluation criteria

14. Annexure M : Price List

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ANNEXURE B

BROADBAND INFRACO SOC LIMITED STANDARD CONDITIONS OF TENDER

January 2008

1 GENERAL Actions 1 Broadband Infraco (SOC) Ltd (Infraco), Broadband Infraco's

Representative and each bidder submitting a tender shall act timeously as stated in these Conditions of Tender and in a manner, which is fair, equitable, transparent, competitive and cost-effective.

Interpretation 2 Terms shown in italics vary for each tender. The details of each term

for this tender are identified in the Tender Data. Terms shown in capital initials are defined terms in the appropriate conditions of contract.

3 Any additional or amended requirements in the Tender Data and

additional requirements given in the Schedules in the tender returnables are deemed to be part of these Conditions of Tender.

4 The Conditions of Tender and the Tender Data shall not form part of any

contract arising from this invitation to tender. Communication 5 Each communication between Broadband Infraco and a bidder shall be

to or from Broadband Infraco's Representative only, and in a form that can be read, copied and recorded. Communication shall be in the English language. Infraco takes no responsibility for non-receipt of communications from or by a bidder.

Broadband Infraco's rights to accept or reject any tender

6 Broadband Infraco may accept or reject any variation, deviation, tender, or alternative tender, and may cancel the tender process and reject all tenders at any time prior to the formation of a contract. Broadband Infraco or Broadband Infraco's Representative will not accept or incur any liability to a bidder for such cancellation and rejection but will give written reasons for the action upon written request to do so. Broadband Infraco reserves the right to accept the whole of any part of any tender.

After the cancellation of the tender process or the rejection of all tenders

Broadband Infraco may abandon the proposed work and services, have it performed in any other manner, or re-issue a similar invitation to tender at any time.

2 BIDDERS OBLIGATIONS The bidder shall comply with the following obligations when submitting

a tender and shall: Eligibility 1 Submit a tender only if the bidder complies with the criteria stated in the

Tender Data and the bidder, or any of his principals, is not under any restriction to do business with Broadband Infraco.

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Cost of tendering

2 Accept that Broadband Infraco will not compensate the bidder for any costs incurred in the preparation and submission of a tender, including the costs of any testing necessary to demonstrate that aspects of the tender satisfy the evaluation criteria.

Check documents

3 Check the tender documents on receipt, including pages within them, and notify Broadband Infraco's Representative of any discrepancy or omissions using the enclosed fax-back form.

Confidentiality and copyright of documents

4 Treat as confidential all matters arising in connection with the tender. Use and copy the documents provided by Broadband Infraco only for the purpose of preparing and submitting a tender in response to this invitation.

Standardised specifications and other publications

5 Obtain, as necessary for submitting a tender, copies of the latest revision of standardised specifications and other publications, which are not attached but which are incorporated into the tender documents by reference.

Acknowledge receipt

6 Complete the Receipt of invitation and submit the tender fax-back form, which is attached to the Letter of Invitation, and return it within five days of receipt of the invitation.

7 Acknowledge receipt of Addenda to the tender documents, which

Broadband Infraco's Representative may issue, and if necessary apply for an extension to the deadline for tender submission, in order to take the Addenda into account.

Site visit and / or clarification meeting

8 Attend a site visit and/or clarification meeting at which bidders may familiarise themselves with the proposed work, services or supply, location, etc. and raise questions. Details of the meeting(s) are stated in the Tender Data.

Seek clarification

9 Request clarification of the tender documents, if necessary, by notifying Broadband Infraco's Representative earlier than the closing time for clarification of queries.

Insurance 10 Be informed that the extent (if any) of insurance provided by Broadband

Infraco may not be for the full cover required in terms of the relevant category listed in Section 8 of the conditions of contract, the bidder is advised to seek qualified advice regarding insurance.

Pricing the tender

11 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except VAT), and other levies payable by the successful bidder. Such duties, taxes and levies are those applicable 14 days prior to the deadline for tender submission.

12 Show Value Added Tax (VAT) payable by Broadband Infraco

separately as an addition to the tendered total of the prices. 13 Provide rates and prices that are fixed for the duration of the contract

and not subject to adjustment except as provided for in the conditions of contract.

14 State the rates and Prices in South African Rand unless instructed

otherwise as an additional condition in the Tender Data. The selected conditions of contract may provide for part payment in other currencies.

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Alterations to documents

15 Not make any alterations or additions to the tender documents, except to comply with instructions issued by Broadband Infraco's

Representative or if necessary, to correct errors made by the bidder. All such alterations shall be initialled by all signatories to the tender. Corrections may not be made using correction fluid, correction tape or the like.

Alternative tenders

16 Submit alternative tenders only if a main tender, strictly in accordance with all the requirements of the tender documents is also submitted. The alternative tender is submitted with the main tender together with a schedule that compares the requirements of the tender documents with the alternative requirements the bidder proposes.

17 Accept that an alternative tender may be based only on the criteria

stated in the Tender Data and as acceptable to Broadband Infraco. Submitting a tender

18 Submit a tender for providing the whole of the works, services or supply identified in the Contract Data unless stated otherwise as an additional condition in the Tender Data.

19 Return the tender returnables to Broadband Infraco, completing without

exception all the forms, data and schedules included therein. 20 Submit the tender as an original plus the number of copies stated in the

Tender Data and provide an English translation for documentation submitted in a language other than English. Tenders may not be written in pencil but must be completed in ink.

21 Sign the original and all copies of the tender where indicated.

Broadband Infraco will hold the signatory duly authorised and liable on behalf of the bidder.

22 Seal the original and each copy of the tender as separate packages

marking the packages as "ORIGINAL" and "COPY". Each package shall state on the outside Broadband Infraco's address and invitation to tender number stated in the Tender Data, as well as the bidders name and contact address.

23 Seal original and copies together in an outer package that states on the

outside only Broadband Infraco's address and invitation to tender number as stated in the Tender Data. The outer package must be marked “CONFIDENTIAL”

24 Accept that Broadband Infraco will not assume any responsibility for

the misplacement or premature opening of the tender if the outer package is not sealed and marked as stated

Note:

Broadband Infraco prefers not to receive tenders by post and takes no responsibility for delays in the postal system or in transit within or between Broadband Infraco offices.

Where tenders are sent per fax, Broadband Infraco takes no responsibility for difficulties in transmission caused by line or equipment faults.

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Where tenders are sent via courier, Broadband Infraco takes no responsibility for tenders delivered to any other site than the tender office.

Broadband Infraco employees are not permitted to deposit a tender into the Broadband Infraco tender box on behalf of a bidder

Closing time 26 Ensure that Broadband Infraco has received the tender at the address

and in the tender box no later than the deadline for tender submission. Proof of posting will not be taken by Broadband Infraco as proof of delivery. Broadband Infraco will not accept a tender submitted telephonically, e-mail or by telegraph unless stated otherwise in the Tender Data.

27 Accept that, if Broadband Infraco extends the deadline for tender

submission for any reason, the requirements of these Conditions of tender apply equally to the extended deadline.

Tender validity 28 Hold the tender(s) valid for acceptance by Broadband Infraco at any

time within the validity period after the deadline for tender submission. 29 Extend the validity period for a specified additional period if Broadband

Infraco requests the bidder to extend it. A bidder agreeing to the request will not be required or permitted to modify a tender, except to the extent Broadband Infraco may allow for the effects of inflation over the additional period.

Clarification of tender after submission

30 Provide, on request from Broadband Infraco's Representative during the evaluation of tenders, any other material that has a bearing on the tender, the bidders commercial position (including notarised joint venture agreements), preferencing arrangements or samples of materials, considered necessary by Broadband Infraco for the purpose of a full and fair risk assessment. This may include providing a breakdown of rates or Prices. No change in the total of the Prices or substance of the tender is sought, offered, or permitted except as required by Broadband Infraco's Representative to confirm the correction of arithmetical errors discovered in the evaluation of tenders. The total of the Prices stated by the bidder as corrected by Infraco's Representative with the concurrence of the bidder, shall be binding upon the bidder

Submit bonds, policies etc.

31 If instructed by Broadband Infraco's Representative (before the formation of a contract), submit for Infraco's acceptance, the bonds, guarantees, policies and certificates of insurance required to be provided by the successful bidder in terms of the conditions of contract.

32 Undertake to check the final draft of the contract provided by

Broadband Infraco's Representative and sign the Form of Agreement all within the time required by these Conditions of Tender.

33 Where an agent on behalf of a principal submits a tender, an

authenticated copy of the authority to act as an agent must be submitted with the tender.

Fulfil BEE requirements

34 Comply with Broadband Infraco’s requirements regarding BEE and Black Women-owned Suppliers.

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3 BROADBAND INFRACO'S UNDERTAKINGS Broadband Infraco, and Broadband Infraco's Representative,

shall: Respond to clarification

1 Respond to a request for clarification received earlier than the closing time for clarification of queries. The response is notified to all bidders.

Issue Addenda 2 If necessary, issue Addenda that may amend, amplify, or add to

the tender documents, to each bidder. If a bidder applies for an extension to the deadline for tender submission, in order to take Addenda into account in preparing a tender, Broadband Infraco may grant such an extension and Broadband Infraco's Representative shall notify the extension to all bidders.

Return late tenders 3 Return tenders received after the deadline for tender submission

unopened to the bidder submitting a late tender. Tenders will be deemed late if they are not on the designated fax or in the designated tender box at the date and time stipulated as the deadline for tender submission.

Non-disclosure 4 Not disclose to bidders, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tenders and recommendations for the award of a contract, until after the award of the contract to the successful bidder.

Grounds for rejection

5 Consider rejecting a tender if there is any effort by a bidder to influence the processing of tenders or contract award.

Disqualification 6 Instantly disqualify a bidder (and his tender) if it is established that

the bidder offered an inducement to any person with a view to influencing the placing of a contract arising from this invitation to tender.

Test for responsiveness

7 Determine before detailed evaluation, whether each tender properly received

• meets the requirements of these Conditions of Tender,

• has been properly signed, and

• is responsive to the requirements of the tender documents. 8 Judge a responsive tender as one which conforms to all the terms,

conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in Broadband Infraco's opinion would

• detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Contract Data,

• change Broadband Infraco's or the bidders risks and responsibilities under the contract, or

• affect the competitive position of other bidders presenting responsive tenders, if it were to be rectified.

Non-responsive tenders

9 Reject a non-responsive tender, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.

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Arithmetical errors 10 Check responsive tenders for arithmetical errors, correcting them as follows:

• Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern.

• If a bill of quantities applies and there is a discrepancy between the rate and the line item total, resulting from multiplying the rate by the quantity, the rate as quoted shall govern. Where there is an obviously gross misplacement of the decimal point in the rate, the line item total as quoted shall govern, and the rate will be corrected.

• Where there is an error in the total of the Prices, either as a result of other corrections required by this checking process or in the bidder’s addition of prices, the total of the Prices, if any, will be corrected.

• The corrected price will be communicated to the bidder. The bidder may withdraw the tender but may not change the tendered price.

11 Reject a tender if the bidder does not accept the corrected total of

the Prices (if any). Evaluating the tender

12 Evaluate responsive tenders in accordance with the procedure and criteria stated in the tender data. The evaluated tender price will be disclosed only to the relevant Infraco tender committee and will not be disclosed to bidders or any other person.

Clarification of a tender

13 Obtain from a bidder clarification of any matter in the tender which may not be clear or could give rise to ambiguity in a contract arising from this tender if the matter were not to be clarified.

Acceptance of tender

14 Notify Broadband Infraco's acceptance to the successful bidder before the expiry of the validity period or agreed additional period. Providing the notice of acceptance does not contain any qualifying statements, it will constitute the formation of a contract between Broadband Infraco and the successful bidder.

Notice to unsuccessful bidders

15 After the successful bidder has acknowledged Broadband Infraco’s notice of acceptance, notify other bidders that their tenders have not been accepted, following Infraco’s current procedures.

Prepare contract documents

16 Revise the contract documents issued by Broadband Infraco as part of the tender documents to take account of

• Addenda issued during the tender period,

• inclusion of some of the tender returnable, and

• other revisions agreed between Broadband Infraco and the successful bidder, before the issue of Broadband Infraco's notice of acceptance (of the tender).

• The schedule of deviations attached to the form of offer and acceptance, if any.

Issue final contract 17 Issue the final contract documents to the successful bidder for

acceptance within one week of the date of Broadband Infraco's notice of acceptance.

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Sign Form of Agreement

18 Arrange for authorised signatories of both parties to complete and sign the original and one copy of the Form of Agreement within two weeks of the date of Broadband Infraco's notice of acceptance of the tender. If either party requires the signatories to initial every page of the contract documents, the signatories for the other party comply with the request.

Complete Adjudicator's Contract

19 Unless alternative arrangements have been agreed, arrange for both parties to complete and sign the Form of Agreement and Contract Data for the NEC Adjudicator's Contract with the selected adjudicator.

Provide copies of the contracts

20 Provide to the successful bidder the number of copies stated in the Tender Data of the signed copy of the contracts within three weeks of the date of Broadband Infraco's acceptance of the tender.

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ANNEXURE C

1. BID EVALUATION METHODOLOGY

Broadband Infraco has set minimum standards (Gates) that a bidder needs to meet in order to be

evaluated and selected as a successful bidder. The minimum standards consist of the following:

Mandatory documents to be submitted with the bid (Gate 1)

Technical Evaluation Criteria

(Phase 1)

Price and B-BBEE Evaluation (Phase 2)

Bidders must

submit all

documents as

outlined in

paragraph 16.2

(Table 1) below.

Only bidders that

comply with ALL these

criteria will proceed to

Phase 1.

Bidder(s) are required

to achieve a minimum

of 70 points out of 100

points to proceed to

Phase 2 (Price and

BEE).

Bidder(s) who

succeeded on Phase

1 will be evaluated

further on Price and

B-BBEE

1.1 Gate 1: Mandatory documents that must be submitted with the bid

Without limiting the generality of Broadband Infraco’s other critical requirements for this Bid,

bidder(s) must submit the documents listed in Table 1 below. All documents must be

completed and signed by the duly authorised representative of the prospective bidder(s). During

this phase Bidders’ responses will be evaluated based on compliance with the listed

administration and mandatory bid requirements. The bidder(s) proposal may be disqualified

for non-submission of any of the documents.

Table 1: Documents that must be submitted for Mandatory Administrative requirements

Document that must be submitted

Non-submission may result in disqualification?

Invitation to Bid – SBD 1 YES Complete and sign the supplied pro forma document

Tax Status Tax Clearance Certificate – SBD 2

YES i. Valid SARS verification pin ii. Written confirmation that SARS may

on an ongoing basis during the tenure of the contract disclose the bidder’s tax compliance status. (Refer Section 4.1.4)

iii. Proof of Registration on the Central Supplier Database (Refer Section 4.1.5)

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Declaration of Interest – SBD 4

YES Complete and sign the supplied pro forma document

Preference Point Claim Form – SBD 6.1

YES Non-submission will lead to a zero (0) score on BBBEE

Declaration of Bidder’s Past Supply Chain Management Practices – SBD 8


Certificate of Independent Bid Determination – SBD 9


Bidder Compliance form for Functional Evaluation

YES Complete and sign

Registration on Central Supplier Database (CSD

YES The Travel Management Company (TMC) must be registered as a service provider on the Central Supplier Database (CSD). If you are not registered proceed to complete the registration of your company prior to submitting your proposal. Visit https://secure.csd.gov.za/ to obtain your vendor number. Submit proof of registration.

Company documents YES Bidders are quired to submit CIPC documents with the ID copies of the directors

IATA Licence / Certificate YES i. Bidders are required to submit their International Air Transport Association (IATA) licence/ certificate (certified copy) at closing date.

ii. Where a bidding company is using a 3rd party IATA licence, proof of the agreement must be attached and copy of the certificate to that effect at closing date.

Pricing Schedule YES Submit full details of the pricing proposal as per Annexure A3 in a separate envelope

1.2 Phase 1: Technical Evaluation Criteria = 100 points

All bidders are required to respond to the technical evaluation criteria scorecard and

compliance checklist. Refer to Annexure A2 for detailed information

i. Functionality/Technical Evaluation – Bidders will be evaluated out of 100 points

and are required to achieve minimum threshold of 70 points of 100 points for

Phase 1 in order to proceed to Phase 2 for Price and BBBEE evaluations.

As part of due diligence, Broadband Infraco will conduct a site visit at a client of the Bidder

(reference) for validation of the services rendered. The choice of site will be at Broadband

https://secure.csd.gov.za/

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Infraco’ sole discretion.

The Bidder’s information will be scored according to the following points system:

Functionality Maximum Points

Achievable

Minimum Threshold

Functionality/ Technical Evaluation Details found in Annexure A2 – Technical Scorecard

100 70

1.3 Phase 2: Price and BBBEE Evaluation (80+20) = 100 points

Only Bidders that have met the 70 points threshold in Phase 1 will be evaluated in Phase 2 for

price and BBBEE. Price and BBBEE will be evaluated as follows:

In terms of regulation 6 of the Preferential Procurement Regulations pertaining to the

Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000), responsive bids will be

adjudicated on the 80/20-preference point system in terms of which points are awarded to

bidders on the basis of:

- The bid price (maximum 80 points)

- B-BBEE status level of contributor (maximum 20 points)

a. Phase 2 – Price Evaluation (80 Points)

Bidders will be evaluated for Price and BBBEE as the table below on 80/20 preference point systems;

COMMERCIAL EVALUATION

CRITERIA/S WEIGHT

Price 80

Broad Based Black Economic Enterprise (BBBEE) – Valid Certificate

20

TOTAL COMMERCIAL EVALUATION 100

The 80/20 preference point systems will be applied:

A maximum of 80 points is allocated for price on the following basis:

−−=

min

min180

P

PPtPs

Where

𝑃𝑠 = Points scored for comparative price of bid under consideration

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𝑃𝑡 = Comparative price of bid under consideration

𝑃𝑚𝑖𝑛 = Comparative price of lowest acceptable bid

1.4 Submission of pricing model

Please refer to annexure M for pricing model. 1.5 Broad Based Black Economic Empower (BBBEE) (20/10) A maximum of 20/10 preference points is allocated for B-BBEE Status Level of contribution:

B-BBEE Status Level of

Contributor

Number of points

(80/20 system)

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

o Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued

by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited

by SANAS or a Registered Auditor. Registered auditors do not need to meet the

prerequisite for IRBA’s approval for the purpose of conducting verification and issuing

EMEs with B-BBEE Status Level Certificates. EMEs can also submit certified sworn

affidavit as prescribed by DTI.

o Bidders other than EMEs must submit their original and valid B-BBEE status level

verification certificate or a certified copy thereof, substantiating their B-BBEE rating

issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by

SANAS.

o A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as

a legal entity, provided that the entity submits their consolidated B-BBEE status level

certificate.

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o A trust, consortium or joint venture will qualify for points for their B-BBEE status level as

an unincorporated entity, provided that the entity submits their consolidated B-BBEE

scorecard as if they were a group structure and that such a consolidated B-BBEE

scorecard is prepared for every separate bid.

o Tertiary institutions and public entities will be required to submit their B-BBEE status level

certificates in terms of the specialised scorecard contained in the B-BBEE Codes of Good

Practice.

▪ A person awarded a contract may not sub-contract more than 25% of the value of the contract

to any other enterprise that does not have an equal or higher B-BBEE status level than the

person concerned, unless the contract is sub-contracted to an EME that has the capability and

ability to execute the sub-contract.

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ANNEXURE D

(TENDER RETURNABLES CHECKLIST) Supplier: ………………………………… Bid Number: INF/TEN:0272

Item Number

DESCRIPTION

YES NO

Administrative requirements

1. Full copy of submission on USB

2. 1 tender hard copy, (1 original, 1 copy)

3. Pricing schedule (Annexure L)

General data

4. Company profile covering all the administrative, technical and functionality requirements of the bid

5. Completion and submission of All SBD Documents

6. Valid SARS Tax clearance authorisation PIN as provided by the tax authority to each bidder.

7. Shareholding and Directors percentage ownership

8. Signed confidentiality agreement

9. Acceptance of validity of tender – 120 days from closing of bid

10. No bid will be awarded to a person or company who has been listed in the National treasury lists of restricted service provider/suppliers as updated by National treasury.

11. With effect from 1 April 2016, Accounting Officers and Accounting Authorities may not award any bid to a supplier/service provider not registered as a prospective supplier in the National Treasury’s Central Supplier Database. Please attach full Central Supplier Database (CSD) report from National Treasury as part of the bid response.

12. Mandatory section – Table 4

B-BBEE

13. Valid B-BBEE status certificate from accredited verification agencies, Accounting officers or accredited auditors, Sworn affidavits for QSEs and EMEs.

Technical requirements

14. Relevant industry certification documents

15. List of contactable references

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ANNEXURE E

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

“Agreement”

Between

BROADBAND INFRACO SOC LIMITED

And

________________________________________________________________________

[NAME OF OTHER PARTY]

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THE PARTIES TO THIS AGREEMENT ARE: - I. BROADBAND INFRACO SOC LIMITED a company incorporated under the laws of the

Republic of South Africa, having its registered office at Country Club Estate, building 9, 21 Woodlands Drive, Woodmead, Sandton, Republic of South Africa, with registration number 1989/001763/07 [hereinafter referred to as the “Disclosing Party”).

II. NAME OF OTHER PARTY a company incorporated under the laws of [insert name of country],

having its registered office at [registered address], Republic of South Africa, with registration number [insert registration number] [hereinafter referred to as the “Receiving Party”).

Hereinafter individually referred to as a “Party” and jointly as the “Parties”. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1.1 The Disclosing Party intends providing the Receiving Party with certain information relating to

the Disclosing Party for tendering for – the above mentioned bid

1.2 The parties wish to record the terms and conditions upon which the Disclosing Party shall disclose Confidential Information to the Receiving Party, which terms and conditions shall constitute a binding and enforceable Agreement between the parties and their agents.

1.3 Notwithstanding the date of signature hereof, this agreement shall be binding upon the parties

with effect from the date upon which the Disclosing Party shall have disclosed any Confidential Information to the Receiving Party, whichever date is the earliest.

1.4 Neither this Agreement nor the exchange of information contemplated hereby shall commit either party to continue discussions or to negotiate, or to be legally bound to any potential business relationship. The parties shall only be bound to a business relationship by way of a further definitive written Agreement signed by the Parties.

1.5 The party disclosing the Confidential Information shall be known as the “Disclosing Party” and

the party receiving Confidential Information shall be known as the “Receiving Party”. 2. THE CONFIDENTIAL INFORMATION “Confidential Information” shall for the purpose of this Agreement include, without limitation,

any technical, commercial or financial information, know-how, trade secrets, processes, machinery, designs, drawings, technical specifications and data relating to the Project (including, but not limited to, the information set out in 1.1 above) in whatever form, relating to the disclosing Party's business practices or the promotion of the disclosing Party's business plans, policies or practices, which information is communicated to the receiving Party, or otherwise acquired by the Receiving Party from the Disclosing Party, during the course of the Parties' commercial interactions, discussions and negotiations with one another, whether such information is formally designated as confidential or not.

3. DISCLOSURE OF CONFIDENTIAL INFORMATION

3.1 The Disclosing Party shall only disclose the Confidential Information to the Receiving Party to the extent deemed necessary or desirable by the Disclosing Party in its discretion.

3.2 The Parties acknowledge that the Confidential Information is a valuable, special and

unique asset proprietary to the Disclosing Party.

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3.3 The Receiving Party agrees that it will not, during or after the course of its relationship with the disclosing party under this agreement and/or the term of this Agreement, disclose the Confidential Information to any third party for any reason or purpose whatsoever without the prior written consent of the Disclosing Party and to the extent of such authorisation, save in accordance with the provisions of this Agreement. In this Agreement “third party” means any party other than the Receiving and Disclosing Parties or their Representatives.

3.4 Notwithstanding anything to the contrary contained in this Agreement the Parties agree

that the Confidential Information may be disclosed by the Receiving Party to its respective employees, agents, officers, directors, subsidiaries, associated companies, shareholders and advisers (including but not limited to professional financial advisers, legal advisers and auditors) ("Representatives") on a need-to-know basis and for the purposes of the Project; provided that the Receiving Party takes whatever steps are necessary to procure that such Representatives agree to abide by the terms of this Agreement to prevent the unauthorized disclosure of the Confidential Information to third parties. For purposes of this clause, the Receiving Party’s Representatives shall be deemed to be acting, in the event of a breach, as the Receiving Party’s duly authorized agents.

3.5 Except as otherwise contemplated in this Agreement, the Parties agree in favor of one

another not to utilize, exploit or in any other manner whatsoever use the Confidential Information disclosed pursuant to the provisions of this Agreement for any purpose whatsoever other than the Project without the prior written consent of the Disclosing Party.

3.6 Accordingly, the Receiving Party agrees to indemnify, defend and hold the Disclosing Party harmless from and against any and all suits, liabilities, causes of action, claims, losses, damages, costs (including, but not limited to, cost of cover, reasonable attorneys' fees and expenses), or expenses of any kind (collectively, "Losses") incurred or suffered by the Disclosing Party and/or its Representatives arising from or in connection with the Receiving Party's unauthorized use or disclosure of the Disclosing Party's Confidential Information in violation of the Agreement.

4. TITLE All Confidential Information disclosed by the Disclosing Party to the Receiving Party is

acknowledged by the Receiving Party to be proprietary and the exclusive property of the Disclosing Party. This Agreement shall not confer any rights of ownership or license on the Receiving Party of whatever nature in the Confidential Information.

5. RESTRICTING ON DISCLOSURE AND USE OF THE CONFIDENTIAL INFORMATION

5.1 The Receiving Party undertakes not to use the Confidential Information for any purpose other than:

5.1.1 the Project; and 5.1.2 in accordance with the provisions of this Agreement.

6. STANDARD OF CARE The Receiving Party agrees that it shall protect the Confidential Information disclosed pursuant

to the provisions of this Agreement using the same standard of care that it applies to safeguard its own proprietary, secret or Confidential Information but no less than a reasonable standard of care, and that the Confidential Information shall be stored and handled in such a way as to prevent any unauthorised disclosure thereof.

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7. RETURN OF MATERIAL CONTAINING OR PERTAINING TO THE CONFIDENTIAL

INFORMATION

7.1 The Disclosing Party may, at any time, and in its sole discretion request the Receiving Party to return any material and/or data in whatever form containing, pertaining to or relating to Confidential Information disclosed pursuant to the terms of this Agreement and may, in addition request the Receiving Party to furnish a written statement to the effect that, upon such return, the Receiving Party has not retained in its possession, or under its control, either directly or indirectly, any such material and/or data.

7.2 If it is not practically able to do so, the Receiving Party shall destroy or ensure the

destruction of all material and/or data in whatever form relating to the Confidential Information disclosed pursuant to the terms of this Agreement and delete, remove or erase or use best efforts to ensure the deletion, erasure or removal from any computer or database or document retrieval system under its or the Representatives' possession or control, all Confidential Information and all documents or files containing or reflecting any Confidential Information, in a manner that makes the deleted, removed or erased data permanently irrecoverable. The Receiving Party shall furnish the Disclosing Party with a written statement signed by one of its directors or duly authorized senior officers to the effect that all such material has been destroyed.

7.3 The Receiving Party shall comply with any request by the Disclosing Party in terms of

this clause, within 7 (seven) business days of receipt of any such request. 8. EXCLUDED CONFIDENTIAL INFORMATION The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not

apply to any Confidential Information that:

8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party;

8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement

by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in

circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction

or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances;

8.5 is disclosed to a third party pursuant to the prior written authorisation and limited to the

extent of such approval of the Disclosing Party; 8.6 is received from a third party in circumstances that do not result in a breach of the

provisions of this Agreement. 9. TERM This Agreement shall commence upon the date referred to in paragraph 1.3

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10. ADDITIONAL ACTION

10.1 Each Party to this Agreement shall execute and deliver such other documents and do such other acts and things as may be reasonably necessary or desirable to give effect to the provisions of this Agreement.

10.2 Nothing contained in the Agreement shall be construed as creating an obligation on the part of either Party to refrain from entering into a business relationship with any third party. Nothing contained in the Agreement shall be construed as creating a joint venture, partnership or employment relationship between the Parties. Except as specified herein, neither Party shall have the right, power or implied authority to create any obligation or duty (express, implied or otherwise) on behalf of the other Party. For the avoidance of doubt, nothing in this Agreement shall oblige either of the Parties to enter into any agreements or transactions whatsoever.

11. BREACH In the event that the Receiving Party should breach any of the provisions of this Agreement and

fail to remedy such breach within seven (7) business days from date of a written notice to do so, then the Disclosing Party shall be entitled to invoke all remedies available to it in law including, but not limited to, the institution of urgent proceedings as well as any other way of relief appropriate under the circumstances, in any court of competent jurisdiction, in the event of breach or threatened breach of the Agreement and/or an action for damages.

12. AMENDMENTS No amendment, interpretation or waiver of any of the provisions of this Agreement shall be

effective unless reduced in writing and signed by the duly authorised representatives of both Parties.

13. ENFORCEMENT The failure or delay by the Disclosing Party to enforce or to require the performance at any time

of any of the provisions of this Agreement shall not be construed to be a waiver of such provision, and shall not affect either the validity of this Agreement or any part hereof or the right of the Disclosing Party to enforce the provisions of this Agreement.

14. HEADINGS

The headings of the clauses of this Agreement are used for convenience only and shall not affect the meaning or construction of the contents of this Agreement.

15. REPRESENTATIONS & WARRANTIES

15.1 Each Party represents that it has authority to enter into this Agreement and to do all things necessary to procure the fulfilment of its obligations in terms of this Agreement.

15.2 The Disclosing Party warrants that disclosure of the Confidential Information to the Receiving Party:

15.2.1 will not result in a breach of any other Agreement to which it is a party; and 15.2.2 will not, to the best of its knowledge and belief, infringe the rights of any third party; and

the Disclosing Party hereby indemnifies and holds the Receiving Party harmless against any liability for third party claims on such a basis.

16. ENTIRE AGREEMENT

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This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements between the Parties, whether written or oral, with respect to the subject matter of this Agreement.

17. GOVERNING LAW This Agreement and the relationship of the Parties in connection with the subject matter of this

Agreement and each other shall be governed and determined in accordance with the laws of the Republic of South Africa.

18. DOMICILIA AND NOTICES

18.1 The Parties hereby choose domicilium citandi et executandi (“domicilium”) for all purposes under the Agreement the addresses set out below:

18.2 Any notice given by one party to the other is deemed to have been received by the addressee:

18.2.1 on the date on which the same was delivered to the addressee's address if delivered by hand; or

18.2.2 on the seventh calendar day after the date of posting if sent by pre-paid registered post to the addressee's address; or

18.2.3 on despatch, if sent to the addressee's then telefax number. 18.3 A party may change that party's address for this purpose, by notice in writing to the other

party, such a change of address being effective seven days after the deemed receipt by the addressee of such written notice, provided that the changed address must be a physical address. A notice will also be necessary in respect of new or changed telefax number.

19. SEVERABILITY In the event of any one or more of the provisions of this Agreement being held for any reason to

be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions was not a part of this Agreement, and this Agreement shall be carried out as nearly as possible in accordance with its original terms and intent.

20. ASSIGNMENT

PARTY PHYSICAL ADDRESS POSTAL

ADDRESS TELEPHONE

NO. CONTACT

PERSON

BROADBAND

INFRACO

STATE OWNED

COMPANY

LIMITED

COUNTRY CLUB

ESTATE, BUILDING 9, 21 WOODLANDS

DRIVE, WOODMEAD, SANDTON

Postnet Suite 321, Private Bag X26, Sunninghill, 2157

011 235-1616

ZANELE SIBIYA

INSERT

PARTICULARS OF

OTHER PARTY

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20.1 Neither Party may assign or otherwise transfer any of its rights or obligations under this Agreement to any third party without the prior written consent of the other Party.

20.2 This Agreement shall be binding on and shall inure for the benefit of the successors and

permitted assigns and personal representatives (as the case may be of the parties). 21. PUBLICITY

Neither party will make or issue any formal or informal announcement or statement to the press or any third party in connection with this Agreement without the prior written consent of the other Party.

SIGNED by the Parties and witnessed on the following dates and at the following places respectively:

SIGNED at on

AS WITNESS:

For: BROADBAND INFRACO SOC LIMITED

DULY AUTHORISED

(NAME OF WITNESS IN PRINT) [SPECIFY FULL NAME OF SIGNATORY]

SIGNED at on

AS WITNESS:

For: [NAME OF OTHER PARTY]

DULY AUTHORISED

(NAME OF WITNESS IN PRINT) [SPECIFY FULL NAME OF SIGNATORY]

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STANDARD BIDDING DOCUMENT 1 (SBD 1) - PART A: INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF BROADBAND INFRACO (SOC) LTD

BID NUMBER: INF/TEN: 0272 CLOSING DATE: 15 APRIL 2020

CLOSING TIME:

12H00 NOON

DESCRIPTION

INVITATION TO SUBMIT A PROPOSAL: APPOINTMENT OF A TRAVEL MANAGEMENT COMPANY (TMC) WHO WILL RENDER CORPORATE TRAVEL SERVICES FOR BROADBAND INFRACO (SOC) LIMITED FOR A PERIOD OF TWENTY- FOUR (24) MONTHS

BID RESPONSE DOCUMENTS SHALL BE HAND DELIVERED.

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

TAX CLEARANCE PIN NUMBER

TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE [TICK APPLICABLE BOX]

Yes

No

B-BBEE STATUS LEVEL SWORN AFFIDAVIT

Yes

No

IF YES, WHO WAS THE CERTIFICATE ISSUED BY?

AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) AND NAME THE APPLICABLE IN THE TICK BOX

AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)

A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS)

A REGISTERED AUDITOR

NAME: [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) SHALL BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

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ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES ENCLOSE PROOF]

ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES ANSWER PART B:3 BELOW ]

SIGNATURE OF BIDDER ……………………………… DATE

CAPACITY UNDER WHICH THIS BID IS SIGNED (Attach proof of authority to sign this bid; e.g. resolution of directors, etc.)

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PART B: TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:

.1. BIDS SHALL BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.

.2. ALL BIDS SHALL BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED– (NOT TO BE RE-TYPED) OR ONLINE

.3. BIDDERS SHALL REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY:

(BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE SHALL BE SUBMITTED TO BIDDING INSTITUTION.

.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE SHALL BE SUBMITTED TO BIDDING INSTITUTION.

.5. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 2000 AND THE PREFERENTIAL

PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER LEGISLATION OR SPECIAL CONDITIONS OF CONTRACT.

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS SHALL ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.

2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID.

2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY SHALL SUBMIT A SEPARATE PROOF OF TCS / PIN / CSD NUMBER.

2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER AND PROOF SHALL BE PROVIDED.

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

3.2. DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO

3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN A TAX COMPLIANCE STATUS / TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

http://www.sars.gov.za/

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ANNEXURE G STANDARD BIDDING DOCUMENT (SBD) 4 - DECLARATION OF INTEREST - 1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons

employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with

persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire Shall be completed and submitted

with the bid. 2.1 Full Name of bidder or his or her representative: ………………………………………. 2.2 Identity Number: …………………………………………………………………………… 2.3 Position occupied in the Company (director, trustee, shareholder², member):

………………………………………………………………………………………………...

2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust:

………………………………………………………………………..………….……………

2.5 Tax Reference Number: ……..………………………………………………………… 2.6 VAT Registration Number: …..………………………………………………………… 2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax

reference numbers and, if applicable, employee / PERSAL numbers Shall be indicated in paragraph 3 below.

¹“State” means – (a) any national or provincial department, national or provincial public entity or constitutional institution

within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ²”Shareholder” means a person who owns shares in the company and is actively involved in the management of

the enterprise or business and exercises control over the enterprise. 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars:

………………………………………………………….……………………………………

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Name of person / director / trustee / shareholder/ member: ………….…………………….…………………………………....………………………… Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………….. Position occupied in the state institution: Any other particulars: ……………………………………………………………… ……………………………………………………………… ………………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative work outside employment in the public sector?

2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO

document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

……………………………………………………………………. ……………………………………………………………………. …………………………………………………………………….

2.8 Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………...

2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? 2.9.1 If so, furnish particulars. ……………………………………………………………... …………………………………………………………..….

……………………………………………………………… 2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?

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2.10.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… ………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract?

2.11.1 If so, furnish particulars: ……………………………………………………………………………. ……………………………………………………………………………. ……………………………………………………………………………. 3. Full details of directors / trustees / members / shareholders.

Full Name Identity Number Personal Income Tax Reference

Number

State Employee Number / Persal Number

NB: Bidders can also attach shareholder certificates instead of completing the above. 4 DECLARATION

I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.

I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION

PROVE TO BE FALSE.

………………………………….. ..…………………………………………… Signature Date

…………………………………. …………………………………………… Position Name of bidder

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SBD 6.1

ANNEXURE H

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,

DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B- BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

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

1.2

a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the ………80/20……… preference point system shall be applicable;

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE 80

B-BBEE STATUS LEVEL OF CONTRIBUTOR 20

Total points for Price and B-BBEE must not exceed

100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in

terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an

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organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad- Based Black Economic Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

3.1 THE 80/20 PREFERENCE POINT SYSTEMS

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

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Contributor

Number of points

(80/20 system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant

contributor

0

5. SUB-CONTRACTING

5.1 Will any portion of the contract be sub-contracted? (Tick

applicable box)

YES NO

5.2 If yes, indicate:

• What percentage of the contract will be sub-contracted?

……………………………%

• The name of the sub- contractor…………………………………………………………..

• The B-BBEE………status level of the…Sub- contractor.....................................

• Whether the sub-contractor is an EME or QSE

(Tick applicable box)

YES NO

• Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of

Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned by: EME

√

QSE

√

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

OR

Any EME

Any QSE

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6. DECLARATION WITH REGARD TO COMPANY/FIRM

6.1 Name of company/firm:………………………………………………………………………….

6.2 VAT registration number:………………………………….……………………………….……

6.3 Company registration number:………….……………………….…………………………….

6.4 TYPE OF COMPANY/ FIRM.

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX]

6.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

……………………………………………………………………………………………………

……………………………………………………………………………………………………

……………………………………………………………………………………………………

……………………………………………………………………………………………………

……..

6.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

6.7 Total number of years the company/firm has been in business:……………………………

6.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,

certify that the points claimed, based on the B-BBE status level of contributor indicated in

paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the

preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

41

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

………………………………………. SIGNATURE(S) OF BIDDERS(S)

DATE:

ADDRESS

…………………………………..

…………………………………..

…………………………………..

…………………………………..

WITNESSES

1. ……………………………………..

2. …………………………………….

42

ANNEXURE I

STANDARD BIDDING DOCUMENT (SBD) 8 - DECLARATION OF BIDDER’S PAST

SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Standard Bidding Document Shall form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and services

are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-

• abused the institution’s supply chain management system;

• committed fraud or any other improper conduct in relation to such system; or

• failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire Shall be completed and submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No


4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No


4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


http://www.treasury.gov.za/

http://www.treasury.gov.za/

43

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN

AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date

………………………………………. ………………………….. Position Name of Bidder

44

ANNEXURE J

STANDARD BIDDING DOCUMENT (SBD) 9 - CERTIFICATE OF INDEPENDENT BID

DETERMINATION

1 This Standard Bidding Document (SBD 9) Shall form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an

agreement between, or concerted practice by, firms, or a decision by an association of firms,

if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid

rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any

grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities Shall

take all reasonable steps to prevent abuse of the supply chain management system and

authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the

institution’s supply chain management system and or committed fraud or any other

improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed

any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that,

when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) Shall

be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected

to compete, secretly conspire to raise prices or lower the quality of goods and / or services for

purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging

is, therefore, an agreement between competitors not to compete. Once detected by Broadband

Infraco, such act of criminality will be reported to relevant authorities including National

Treasury for Blacklisting.

45

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

_________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of: ____________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be

true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on

behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the

bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word

“competitor” shall include any individual or organization, other than the bidder, whether or not

affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their

qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of

business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However, communication

between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding:

46

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions

of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements

with any competitor regarding the quality, quantity, specifications and conditions or delivery

particulars of the products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,

directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of

the awarding of the contract.

Joint Venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any

restrictive practices related to bids and contracts, bids that are suspicious will be reported to

the Competition Commission for investigation and possible imposition of administrative

penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported

to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted

from conducting business with the public sector for a period not exceeding ten (10) years in

terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other

applicable legislation.

……………………………………… …………………………………

Signature Date

…………………………………………. …………………………………

Position Name of Bidder

47

ANNEXURE K- SCOPE OF WORK

REQUEST FOR PROPOSAL NO. INF/TEN/0272

Appointment of Travel Management Company (TMC) who will render corporate travel services at

Broadband Infraco SOC Limited for a period of twenty-four (24) months.

Page 1 of 40

ANNEXURE A1

Request for Proposal for the appointment of a

Travel Management Company (TMC) who will

render corporate travel services at Broadband

Infraco SOC Limited for a period of twenty four

(24) months.

[INF/TEN/0272]




Page 2 of 40

TABLE OF CONTENT

1. INTRODUCTION ....................................................................................... 4

2. PURPOSE OF THIS REQUEST FOR PROPOSAL (RFP) ........................ 4

3. DEFINITIONS ........................................................................................... 4

4. LEGISLATIVE FRAMEWORK OF THE BID .............................................. 7

4.1. Tax Legislation .......................................................................................... 7

4.2. Procurement Legislation............................................................................ 7

4.3. Technical Legislation and/or Standards .................................................... 7

5. TIMELINE OF THE BID PROCESS .......................................................... 8

6. CONTACT AND COMMUNICATION ........................................................ 8

7. LATE BIDS ................................................................................................ 9

8. COUNTER CONDITIONS ....................................................................... 10

9. FRONTING ............................................................................................. 10

10. SUPPLIER DUE DILIGENCE .................................................................. 10

11. SUBMISSION OF PROPOSALS ............................................................. 10

12. PRESENTATION / DEMONSTRATION .................................................. 13

13. DURATION OF THE CONTRACT........................................................... 13

14. SCOPE OF WORK .................................................................................. 13

14.1. Background ....................................................................................... 13

14.2. Travel Volumes ................................................................................. 13

14.3. Service Requirements....................................................................... 14

14.3.1. General .......................................................................................... 14

14.3.2. Reservations.................................................................................. 16

14.3.3. Air Travel ....................................................................................... 17

14.3.4. Accommodation ............................................................................. 18

14.3.5. Car Rental and Shuttle Services .................................................... 19

14.3.6. After Hours and Emergency Services ............................................ 20

14.4. Communication ................................................................................. 20

14.5. Financial Management...................................................................... 20

14.6. Technology, Management Information and Reporting ...................... 21

14.7. Account Management ....................................................................... 23

14.8. Value Added Services ....................................................................... 24




Page 3 of 40

14.9. Cost Management ............................................................................ 24

14.10. Quarterly and Annual Travel Reviews ........................................... 25

14.11. Office Management ....................................................................... 25

15. PRICING MODEL ................................................................................... 26

15.1. Transaction Fees .............................................................................. 26

15.2. Management Fee .............................................................................. 26

15.3. Volume driven incentives .................................................................. 27

16. EVALUATION AND SELECTION CRITERIA .......................................... 27

16.1. Gate 0: Mandatary Requirements to be submitted with bid ............... 29

16.2. Phase 1: Technical Evaluation Criteria = 100 points ......................... 30

16.3. Phase 2: Price and BBBEE Evaluation (80+20) = 100 points ........... 31

17. SERVICE LEVEL AGREEMENT ............................................................. 33

18. SPECIAL CONDITIONS OF THIS BID .................................................... 34

19. BROADBAND INFRACO REQUIRES BIDDER(S) TO DECLARE .......... 35

20. CONFLICT OF INTEREST, CORRUPTION AND FRAUD ...................... 35

21. MISREPRESENTATION DURING THE LIFECYCLE OF THE

CONTRACT ............................................................................................ 37

22. PREPARATION COSTS ......................................................................... 37

23. INDEMNITY ............................................................................................ 37

24. PRECEDENCE ....................................................................................... 38

25. LIMITATION OF LIABILITY ..................................................................... 38

26. TAX COMPLIANCE................................................................................. 38

27. TENDER DEFAULTERS AND RESTRICTED SUPPLIERS ................... 38

28. GOVERNING LAW.................................................................................. 38

29. RESPONSIBILITY FOR SUB-CONTRACTORS AND BIDDER’S

PERSONNEL .......................................................................................... 39

30. CONFIDENTIALITY ................................................................................ 39

31. BROADBAND INFRACO PROPRIETARY INFORMATION .................... 39

32. AVAILABILITY OF FUNDS ..................................................................... 40




Page 4 of 40

1. INTRODUCTION

Broadband Infraco (SOC) Ltd is a State Owned Enterprise that provides wholesale long

distance high capacity connectivity to other licensed operators. The current regional and

national long-distance fibreoptic network comprises of more than 14 958 km of fibre cable

which provides national and international connectivity between the major metropolitan

areas and other selected locations. Broadband Infraco (SOC) Ltd is a Tier 1 investor in

WACS (West African Cable System) and connects the West Coast of Africa to Portugal

and London.

The company's head office is based in Woodmead Johannesburg, with regional offices

established in KwaZulu-Natal (Durban, Newcastle and Richards Bay), Free State

(Bloemfontein), Limpopo (Polokwane), Eastern Cape (East London Port Elizabeth),

Western Cape (Cape Town, Vredendal, Beaufort West), Northern Cape (Upington) and

Mpumalanga (Nelspruit).

Regular travel between the head office and the regions, to and from various network sites

throughout South Africa to ensure efficient maintenance of the network. The need for air

travel, accommodation and car rental services forms a major part of Broadband lnfraco's

operational activities. In order to achieve its mandate given the geographical spread of its

stakeholders, Broadband lnfraco officials are expected to travel extensively both nationally

and internationally.

2. PURPOSE OF THIS REQUEST FOR PROPOSAL (RFP)

The purpose of this Request for Proposal (RFP) is to solicit proposals from potential

bidder(s) for the provision of travel management services to Broadband Infraco.

This RFP document details and incorporates, as far as possible, the tasks and

responsibilities of the potential bidder required by Broadband Infraco for the provision of

travel management services to Broadband Infraco.

This RFP does not constitute an offer to do business with Broadband Infraco, but merely

serves as an invitation to bidder(s) to facilitate a requirements-based decision process.

3. DEFINITIONS

Accommodation means the rental of lodging facilities while away from one’s place of

abode, but on authorised official duty.




Page 5 of 40

After-hours service refers to an enquiry or travel request that is actioned after normal

working hours, i.e. 17h00 to 8h00 on Mondays to Fridays and twenty-four (24) hours on

weekends and public holidays

Air travel means travel by airline on authorised official business.

Authorising Official means the employee who has been delegated to authorise travell ing

in respect to travel requests and expenses, e.g. line manager of the traveller.

Car Rental means the rental of a vehicle for a short period of time by a traveller for

official purposes.

Domestic travel means travel within the borders of the Republic of South Africa.

Emergency service means the booking of travel when unforeseen circumstances

necessitate an unplanned trip or a diversion from original planned trip.

gCommerce refers to the Government’s buy-site for transversal contracts.

International travel refers to travel outside the borders of the Republic of South Africa.

Lodge Card is a credit card which is specifically designed purely for business travel

expenditure. There is typically one credit card number which is “lodged” with the TMC to

which all expenditure is charged.

Management Fee is the fixed negotiated fee payable to the Travel Management

Company (TMC) in monthly instalments for the delivery of travel management services,

excluding any indirect service fee not included in the management fee structure (visa,

refund, frequent flyer tickets etc).

Merchant Fees are fees charged by the lodge card company at the point of sale for bill

back charges for ground arrangements.

Quality Management System means a collection of business processes focused on

consistently meeting customer requirements and enhancing their satisfaction. It is

expressed as the organizational structure, policies, procedures, processes and resources

needed to implement quality management.

Regional travel means travel across the border of South Africa to any of the SADC

Countries, namely, Angola, Botswana, Democratic Republic of Congo (DRC),

https://en.wikipedia.org/wiki/Quality_management




Page 6 of 40

Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles,

Eswatini, United Republic of Tanzania, Zambia and Zimbabwe.

Service Level Agreement (SLA) is a contract between the TMC and Broadband Infraco

SOC Limited that defines the level of service expected from the TMC.

Shuttle Service means the service offered to transfer a Traveller from one point to another,

for example from place of work to the airport.

Third party fees are fees payable to third party service providers that provides travel

related services on an ad hoc basis that is not directly provided by the TMC. These

fees include visa fees and courier fees.

Transaction Fee means the fixed negotiated fee charged for each specific service type

e.g. international air ticket, charged per type per transaction per traveller.

Traveller refers to a Broadband Infraco SOC Limitedofficial, consultant or contractor

travelling on official business on behalf of Broadband Infraco SOC Limited.

Travel Authorisation is the official form utilised by Broadband Infraco SOC Limited

reflecting the details of the trip that is approved by the relevant authorising official.

Travel Booker is the person coordinating travel reservations with the Travel Management

Company (TMC) consultant on behalf of the Traveller, e.g. the personal assistant of the

traveller.

Travel Management Company or TMC refers to the Company contracted to provide

travel management services (Travel Agents).

Travel Voucher means a document issued by the Travel Management Company to

confirm the reservation and/or payment of specific travel arrangements.

Value Added Services are services that enhance or complement the general travel

management services e.g. Rules and procedures of the airports.

VAT means Value Added Tax.

VIP or Executive Service means the specialised and personalised travel management

services to selected employees of Broadband Infraco SOC Limited by a dedicated

consultant to ensure a seamless travel experience.




Page 7 of 40

4. LEGISLATIVE FRAMEWORK OF THE BID

4.1. Tax Legislation

4.1.1. Bidder(s) must be compliant when submitting a proposal to Broadband

Infraco SOC Limited and remain compliant for the entire contract term with

all applicable tax legislation, including but not limited to the Income Tax Act,

1962 (Act No. 58 of 1962) and Value Added Tax Act, 1991 (Act No. 89 of

1991).

4.1.2. It is a condition of this bid that the tax matters of the successful bidder be in

order, or that satisfactory arrangements have been made with South African

Revenue Service (SARS) to meet the bidder’s tax obligations.

4.1.3. The tax compliance status requirements are also applicable to foreign

bidders / individuals who wish to submit bids.

4.1.4. It is a requirement that bidders grant a written confirmation when submitting

this bid that SARS may on an ongoing basis during the tenure of the contract

disclose the bidder’s tax compliance status and by submitting this bid such

confirmation is deemed to have been granted.

4.1.5. Bidders are required to be registered on the Central Supplier Database and

the National Treasury shall verify the bidder’s tax compliance status through

the Central Supplier Database.

4.1.6. Where Consortia / Joint Ventures / Sub-contractors are involved, each party

must be registered on the Central Supplier Database and their tax compliance

status will be verified through the Central Supplier Database.

4.2. Procurement Legislation

Broadband Infraco has a detailed evaluation methodology premised on Treasury

Regulation 16A3 promulgated under Section 76 of the Public Finance Management Act,

1999 (Act, No. 1 of 1999), the Preferential Procurement Policy Framework Act 2000 (Act,

No.5 of 2000) and the Broad-Based Black Economic Empowerment Act, 2003 (Act, No.

53 of 2003).

4.3. Technical Legislation and/or Standards

Bidder(s) should be cognisant of the legislation and/or standards specifically applicable

to the services.




Page 8 of 40

5. TIMELINE OF THE BID PROCESS

The period of validity of tender and the withdrawal of offers, after the closing date and

time is 120 days. The project timeframes of this bid are set out below:

Activity Due Date

Advertisement of bid on Government e- tender portal / print media / Tender Bulletin

14 March 2021

Briefing and clarification session NOT APPLICABLE

Closing date for questions relating to bid from bidder(s)

1 April 2021

Bid closing date 15 April 2021 at 12h00 noon

Notice to bidder(s) Broadband Infraco will endeavour 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 Broadband Infraco’s discretion. The

establishment of a time or date in this bid does not create an obligation on the part of

Broadband Infraco 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

Broadband Infraco extends the deadline for bid submission (the Closing Date) for any

reason, the requirements of this bid otherwise apply equally to the extended deadline.

6. CONTACT AND COMMUNICATION

6.1. A nominated official of the bidder(s) can make enquiries in writing, to the

specified person, Zanele Sibiya via [email protected] and/or 011

235 1616. Bidder(s) must reduce all telephonic enquiries to writing and send

to the above stated email address.

6.2. The delegated office of Broadband Infraco may communicate with Bidder(s)

where clarity is sought in the bid proposal.

6.3. Any communication to an official or a person acting in an advisory capacity for

Broadband Infraco in respect of the bid between the closing date and the

award of the bid by the Bidder(s) is discouraged.





Page 9 of 40

6.4. All communication between the Bidder(s) and Broadband Infraco must be

done in writing.

6.5. Whilst all due care has been taken in connection with the preparation of this

bid, Broadband Infraco makes no representations or warranties that the

content of the bid or any information communicated to or provided to Bidder(s)

during the bidding process is, or will be, accurate, current or complete.

Broadband Infraco, and its employees and advisors will not be liable with

respect to any information communicated which may not accurate, current or

complete.

6.6. If Bidder(s) finds or reasonably believes it has found any discrepancy,

ambiguity, error or inconsistency in this bid or any other information provided

by Broadband Infraco (other than minor clerical matters), the Bidder(s) must

promptly notify Broadband Infraco in writing of such discrepancy, ambiguity,

error or inconsistency in order to afford Broadband Infraco an opportunity to

consider what corrective action is necessary (if any).

6.7. Any actual discrepancy, ambiguity, error or inconsistency in the bid or any

other information provided by Broadband Infraco will, if possible, be corrected

and provided to all Bidder(s) without attribution to the Bidder(s) who provided

the written notice.

6.8. All persons (including Bidder(s)) obtaining or receiving the bid and any other

information in connection with the Bid or the Tendering process must keep the

contents of the Bid and other such information confidential, and not disclose or

use the information except as required for the purpose of developing a proposal

in response to this Bid.

7. LATE BIDS

Bids received after the closing date and time, at the address indicated in the bid

documents, will not be accepted for consideration and where practicable, be

returned unopened to the Bidder(s).




Page 10 of 40

8. COUNTER CONDITIONS

Bidders’ attention is drawn to the fact that amendments to any of the Bid Conditions

or setting of counter conditions by Bidders or qualifying any Bid Conditions will

result in the invalidation of such bids.

9. FRONTING

9.1. Broadband Infraco SOC Limited supports the spirit of broad based black

economic empowerment and recognizes that real empowerment can only be

achieved through individuals and businesses conducting themselves in

accordance with the Constitution and in an honest, fair, equitable, transparent

and legally compliant manner. Against this background the Broadband Infraco

SOC Limited condemn any form of fronting.

9.2. Broadband Infraco SOC Limited, in ensuring that Bidders conduct themselves

in an honest manner will, as part of the bid evaluation processes, conduct or

initiate the necessary enquiries/investigations to determine the accuracy of

the representation made in bid documents. Should any of the fronting

indicators as contained in the Guidelines on Complex Structures and

Transactions and Fronting, issued by the Department of Trade and Industry,

be established during such enquiry / investigation, the onus will be on the

Bidder / contractor to prove that fronting does not exist. Failure to do so within

a period of 14 days from date of notification may invalidate the bid / contract

and may also result in the restriction of the Bidder /contractor to conduct

business with the public sector for a period not exceeding ten years, in

addition to any other remedies Broadband Infraco may have against the

Bidder / contractor concerned.

10. SUPPLIER DUE DILIGENCE

Broadband Infraco reserves the right to conduct supplier due diligence prior to final award

or at any time during the contract period. This may include site visits and requests for

additional information.

11. SUBMISSION OF PROPOSALS

11.1. Bid documents must be submitted to Country Club Estate, Building 9, 21




Page 11 of 40

Woodlands Drive, Woodmead, Sandton ,

placed in the tender box OR couriered to the aforesaid address on or before the closing

date and time.

11.2. Bid documents will only be considered if received by Broadband Infraco before

the closing date and time, regardless of the method used to send or deliver

such documents to Broadband Infraco.

11.3. The bidder(s) are required to submit one (1) original hard copy file, (1) copy of

original file and (1) USB copy by the 15th April 2021 at 12h00. Each file and

USB must be marked correctly and sealed separately for ease of reference

during the evaluation process. Furthermore, the original hard copy file and

information in the USB must be labelled and submitted in the following format:

11.4. It is the responsibility of the supplier to ensure that couriered documents are

clearly marked with the correct tender description and reference number and

signed for on the tender register. Bid sumissions that are not on the tender

register will not be accepted

FILE 1 (TECHNICAL FILE) FILE 2 (PRICE & BBBEE)

Exhibit 2: Mandatory documents (Refer to Section 16.2 - Gate 1: Mandatory documents to besubmitted with the bid response (Table 1)

Exhibit 1: Pricing Schedule (Refer to Section 15 – Pricing Model & Annexure K: A3 Pricing Schedule – Pricing Submission)

Exhibit 3:

• Technical Responses and BidderCompliance Checklist for TechnicalEvaluation

• Supporting documents for technicalresponses.

(Refer to Section 16.3 – Phase 1: Technical Evaluation Criteria and Annexure A2 – Functionality/ TechnicalEvaluationl Scorecard and Compliance Checklist)




Page 12 of 40

Exhibit 4: New Engineering Contracts (NEC) – NEC3 Professional Services Contract – SC3), as published by Thomas Telford Publishing on behalf of the Institution of Civil Engineers, United Kingdom. Copies available from Thomas Telford Ltd, 1 Heron Quay, London. (ISBN 0 7277 2634 X).

Exhibit 5:

• Company Profile

• Any other supplementary information

•




Page 13 of 40

11.5. Bidders are requested to initial each page of the tender document on the top

right-hand corner.

12. PRESENTATION / DEMONSTRATION

Broadband Infraco reserves the right to request presentations/demonstrations from the

short-listed Bidders as part of the bid evaluation process.

13. DURATION OF THE CONTRACT

The successful bidder will be appointed for a period of 24 (twenty four ) months.

14. SCOPE OF WORK

14.1. Background

Broadband Infraco currently uses a TMC to manage the travel requisition and travel

expense processes within the travel management lifecycle. The travel requisition process

is currently a semi-automated process. The administrator or traveller initiates the booking

process by sending the TMC a Request for Quote (RFQ) for either flight, accommodation

or car hire. The TMC sends the administrator or traveller a quote in response to the RFQ

before the booking date. Once the quote is accepted the TMC receives a Purchase Order

to confirm the booking. It is to be noted that no bookings for accommodation, car hire or

flights are booked without a signed Purchase Order.

Broadband Infraco’s primary objective in issuing this RFP is to enter into agreement with

a successful bidder who will achieve the following:

a) Provide Broadband Infraco with the travel management services that are

consistent and reliable and will maintain a high level of traveller satisfaction in

line with the service levels;

b) Achieve significant cost savings for Broadband Infraco without any degradation

in the services;

c) Appropriately contain Broadband Infraco’s risk and traveller risk.

14.2. Travel Volumes

The current Broadband Infraco total volumes per annum includes air travel,

accommodation, car hire, forex, conference, etc. The table below details the number of

transactions that took place during the second quarter of financial year 2018/19 :




Page 14 of 40

Service Category

Estimated

Number of

Transactions

on quarter 2

FY2018/19

Estimated

Expenditure

on quarter 2

FY2018/19

Air travel - Domestic 151 R 666, 157.32

Car Rental - Domestic 167 R 803, 946.98

Accommodation - Domestic 186 R 831,917.43

Transfers - Domestic 40 R 52, 260.00

Transfers - Regional & International and 9 R 9, 598.77

International and Regional and travel 318 R 252 769.36

Bus/Coach bookings - -

Train - Regional & International - -

Conferences/Events - -

After Hours 14 R 10, 365.00

Parking - -

Insurance - -

Forex - -

Note: These figures are projections based on the current trends and they may change

during the tenure of the contract. The figures are meant for illustration purposes to assist

the bidders to prepare their proposal.

14.3. Service Requirements

14.3.1. General

The successful bidder will be required to provide travel management services.

Deliverables under this section include without limitation, the following:

a. The travel services will be provided to all Travellers travelling on behalf of

Broadband Infraco, locally and internationally. This will include employees




Page 15 of 40

and contractors, Board of Directors and consultants where the agreement is that

Broadband Infraco is responsible for the arrangement and cost of travel.

b. Provide travel management services during normal office hours (Monday to

Friday 8h00 – 17h00) and provide after hours and emergency services as

stipulated in paragraph 14.3.6.

c. Familiarisation with current Broadband Infraco travel business processes.

d. Familiarisation with current travel suppliers and negotiated agreements that

are in place between Broadband Infraco and third parties. Assist with further

negotiations for better deals with travel service providers.

e. Familiarisation with current Broadband Infraco’s Travel Policy and

implementations of controls to ensure compliance.

f. Penalties incurred as a result of the inefficiency or fault of a travel consultant

will be for the TMC’s account, subject to the outcome of a formal dispute

process.

g. Provide a facility for Broadband Infraco to update their travellers’ profiles.

h. Manage third party service providers by addressing service failures and

complaints against these service providers.

i. Consolidate all invoices from travel suppliers.

j. Provide a detailed transition plan for implementing the service without

service interruptions and engage with the incumbent service provider to

ensure a smooth transition.

k. Provide the reference letters from at least three (3) contactable

existing/recent clients (within past 3 years) which are of a similar size to

Broadband Infraco.

l. Bidders must be fully accredited with the International Air Transport

Association (IATA). Proof of such membership must be submitted with

the bid at closing date and time; no bid will be accepted without proof

of accreditation.




Page 16 of 40

14.3.2. Reservations

The Travel Management Company will:

a. Receive travel requests from travellers and/or travel bookers, respond with

quotations (confirmations) and availability. Upon the receipt of the relevant

Purchase Order Number, the travel agent will issue the required e-tickets

and vouchers immediately and send it to the travel booker and traveller via

the agreed communication medium.

b. always endeavour to make the most cost effective travel arrangements

based on the request from the traveller and/or travel booker.

c. apprise themselves of all travel requirements for destinations to which

travellers will be travelling and advise the Traveller of alternative plans that

are more cost effective and more convenient where necessary.

d. obtain a minimum of three (3) price comparisons for all travel requests where

the routing or destination permits.

e. book the negotiated discounted fares and rates where possible.

f. must keep abreast of carrier schedule changes as well as all other

alterations and new conditions affecting travel and make appropriate

adjustments for any changes in flight schedules prior to or during the

traveller’s official trip. When necessary, e-tickets and billing shall be modified

and reissued to reflect these changes.

g. book parking facilities at the airports where required for the duration of the

travel.

h. respond timely and process all queries, requests, changes and cancellations

timeously and accurately.

i. Must be able to facilitate group bookings (e.g. for meetings, conferences,

events, etc.)

j. must issue all necessary travel documents, itineraries and vouchers

timeously to traveller(s) prior to departure dates and times.

k. advise the Traveller of all visa and inoculation requirements well in advance.




Page 17 of 40

l. facilitate any reservations that are not bookable on the Global Distribution

System (GDS).

m. facilitate the bookings that are generated through their own or third party

Online Booking Tool (OBT) where it can be implemented.

n. note that, unless otherwise stated, all cases include domestic, regional and

international travel bookings.

o. Visa applications will not be the responsibility of the TMC; however the

relevant information must be supplied to the traveller(s) where visas will be

required.

p. Negotiated airline fares, accommodation establishment rates, car rental

rates, etc., that are negotiated directly or established by National Treasury

or by Broadband Infraco are non-commissionable, where commissions are

earned for Broadband Infraco bookings all these commissions should be

returned to Broadband Infraco on a quarterly basis.

q. Ensure confidentiality in respect of all travel arrangements and concerning

all persons requested by Broadband Infraco.

r. Timeous submission of proof that services have been satisfactorily delivered

(invoices) as per Broadband Infraco’s instructions

14.3.3. Air Travel

a. The TMC must be able to book full service carriers as well as low cost

carriers.

b. The TMC will book the most cost effective airfares possible for domestic

travel.

c. For international flights, the airline which provides the most cost effective

and practical routings may be used.

d. The TMC should obtain three or more price comparisons where applicable

to present the most cost effective and practical routing to the Traveller.

e. The airline ticket should include the applicable airline agreement number as

well as the individual loyalty program number of the Traveller (if applicable).




Page 18 of 40

f. Airline tickets must be delivered electronically (SMS and/or email format) to

the traveller(s) and travel bookers promptly after booking before the

departure times.

g. The TMC will also assist with the booking of charters for VIPs utilising the

existing transversal term contract where applicable as well as the sourcing

of alternative service providers for other charter requirements.

h. The TMC will be responsible for the tracking and management of unused e-

tickets as per agreement with the institution and provide a report on refund

management once a quarter.

i. The TMC must during their report period provide proof that bookings were

made against the discounted rates on the published fairs where applicable.

j. Ensure that travellers are always informed of any travel news regarding

airlines (like baggage policies, checking in arrangements, etc.)

k. Assist with lounge access if and when required.

14.3.4. Accommodation

a. The TMC will obtain price comparisons within the maximum allowable rate

matrix as per the cost containment instruction of the National Treasury.

b. The TMC will obtain three price comparisons from accommodation

establishments that provide the best available rate within the maximum

allowable rate and that is located as close as possible to the venue or office

or location or destination of the traveller

c. This includes planning, booking, confirming and amending of

accommodation with any establishment (hotel group, private hotel, guest

house or Bed & Breakfast) in accordance with Broadband Infraco’s travel

policy.

d. Broadband Infraco travellers may only stay at accommodation

establishments with which Broadband Infraco has negotiated corporate

rates. Should there be no rate agreement in place in the destination, or

should the contracted establishment be unable to accommodate the

traveller, the TMC will source suitable accommodation bearing in mind the

requirement of convenience for the traveller and conformation with




Page 19 of 40

acceptable costs, or as stipulated in written directives issued from time to time by the

National treasury or Broadband Infraco.

e. Accommodation vouchers must be issued to all Broadband Infraco travellers

for accommodation bookings and must be invoiced to Broadband Infraco as

per arrangement. Such invoices must be supported by a copy of the original

hotel accommodation charges.

f. The TMC must during their report period provide proof, where applicable,

that accommodation rates were booked within the maximum allowable rates

as per the cost containment instruction of the National Treasury.

g. Cancellation of accommodation bookings must be done promptly to guard

against no show and late cancellation fees.

14.3.5. Car Rental and Shuttle Services

a. The TMC will book the approved category vehicle in accordance with the

Broadband Infraco Travel Policy with the appointed car rental service

provider from the closest rental location (airport, hotel and venue).

b. The travel consultant should advise the Traveller on the best time and

location for collection and return considering the Traveller’s specific

requirements.

c. The TMC must ensure that relevant information is shared with travellers

regarding rental vehicles, like e-tolls, refuelling, keys, rental agreements,

damages and accidents, etc.

d. For international travel the TMC may offer alternative ground transportation

to the Traveller that may include rail, buses and transfers.

e. The TMC will book transfers in line with the Broadband Infraco Travel Policy

with the appointed and/or alternative service providers. Transfers can also

include bus and coach services.

f. The TMC should manage shuttle companies on behalf of Broadband Infraco

and ensure compliance with minimum standards. The TMC should also

assist in negotiating better rates with relevant shuttle companies.

g. The TMC must during their report period provide proof that negotiated rates

were booked, where applicable.




Page 20 of 40

14.3.6. After Hours and Emergency Services

a. The TMC must provide a consultant or team of consultants to assist

Travellers with after hours and emergency reservations and changes to

travel plans.

b. A dedicated consultant/s must be available to assist VIP/Executive

Travellers with after hour or emergency assistance.

c. After hours’ services must be provided from Monday to Friday outside the

official hours (17h00 to 8h00) and twenty-four (24) hours on weekends and

Public Holidays.

d. A call centre facility or after hours contact number should be available to all

travellers so that when required, unexpected changes to travel plans can be

made and emergency bookings attended to.

e. The Travel Management Company must have a standard operating

procedure for managing after hours and emergency services. This must

include purchase order generation of the request within 24 hours.

f. In case of emergency situations the travel agent may be required to book

car or accommodation without a Purchase Order Number, but the relevant

manager will authorise this request.

14.4. Communication

14.4.1. The TMC may be requested to conduct workshops and training sessions for

Travel Bookers of Broadband Infraco.

14.4.2. All enquiries must be investigated and prompt feedback be provided in

accordance with the Service Level Agreement.

14.4.3. The TMC must ensure sound communication with all stakeholders. Link the

business traveller, travel coordinator, travel management company in one

smooth continuous workflow.

14.5. Financial Management

14.5.1. The TMC must implement the rates negotiated by Broadband Infraco with

travel service providers or the discounted air fares, or the maximum

allowable rates established by the National Treasury where applicable.




Page 21 of 40

14.5.2. The TMC will be responsible to manage the service provider accounts. This

will include the timely receipt of invoices to be presented to Broadband

Infraco for payment within the agreed time period.

14.5.3. Enable savings on total annual travel expenditure and this must be reported

and proof provided during monthly and quarterly reviews.

14.5.4. The TMC will be required to offer a 30 day bill-back account facility to

institutions should a lodge card not be offered. ‘Bill back’, refers to the

supplier sending the bill back to the TMC, who, in turn, invoices Broadband

Infraco for the services rendered.

14.5.5. Where pre-payments are required for smaller Bed & Breakfast /Guest House

facilities, these will be processed by the TMC. These are occasionally

required at short notice and even for same day bookings.

14.5.6. Consolidate Travel Supplier bill-back invoices.

14.5.7. In certain instances where institutions have a travel lodge card in place, the

payment of air, accommodation and ground transportation is consolidated

through a corporate card vendor.

14.5.8. The TMC is responsible for the consolidation of invoices and supporting

documentation to be provided to Broadband Infraco’s Financial Department

on the agreed time period (e.g. weekly). This includes attaching the Travel

Authorisation or Purchase Order and other supporting documentation to the

invoices reflected on the Service provider bill-back report or the credit card

statement.

14.5.9. Ensure Travel Supplier accounts are settled timeously.

14.6. Technology, Management Information and Reporting

14.6.1. The TMC must have the capability to consolidate all management

information related to travel expenses into a single source document with

automated reporting tools.

14.6.2. The implementation of an Online Booking Tool to facilitate domestic

bookings should be considered to optimise the services and related fees.

14.6.3. All management information and data input must be accurate.




Page 22 of 40

14.6.4. The TMC will be required to provide Broadband Infraco with a minimum of

three (3) standard monthly reports that are in line with the National

Treasury’s Cost Containment Instructions reporting template requirements

at no cost.

The reporting templates can be found on

http://www.treasury.gov.za/legislation/pfma/TreasuryInstruction/Accountant General.aspx

14.6.5. Reports must be accurate and be provided as per Broadband Infraco’s

specific requirements at the agreed time. Information must be available on

a transactional level that reflect detail including the name of the traveller,

date of travel, spend category (example air travel, shuttle, accommodation).

14.6.6. Broadband Infraco may request the TMC to provide additional management

reports.

14.6.7. Reports must be available in an electronic format for example Microsoft

Excel.

14.6.8. Service Level Agreements reports must be provided on the agreed date. It

will include but will not be limited to the following:

i. Travel

a) After hours’ Report;

b) Compliments and complaints;

c) Consultant Productivity Report;

d) Long term accommodation and car rental;

e) Extension of business travel to include leisure;

f) Upgrade of class of travel (air, accommodation and ground

transportation);

g) Bookings outside Travel Policy.

ii. Finance

a) Reconciliation of commissions/rebates or any volume driven

incentives;

b) Creditor’s ageing report;

c) Creditor’s summary payments;

d) Daily invoices;

http://www.treasury.gov.za/legislation/pfma/TreasuryInstruction/AccountantGeneral.aspx

http://www.treasury.gov.za/legislation/pfma/TreasuryInstruction/AccountantGeneral.aspx




Page 23 of 40

e) Reconciled reports for Travel Lodge card statement;

f) No show report;

g) Cancellation report;

h) Receipt delivery report;

i) Monthly Bank Settlement Plan (BSP) Report;

j) Refund Log;

k) Open voucher report, and

l) Open Age Invoice Analysis.

14.6.9. The TMC will implement all the necessary processes and programs to

ensure that all the data is secure at all times and not accessible by any

unauthorised parties.

14.7. Account Management

14.7.1. An Account Management structure should be put in place to respond to the

needs and requirements of Broadband Infraco and act as a liaison for

handling all matters with regard to delivery of services in terms of the

contract.

14.7.2. The TMC must appoint a dedicated Account or Business Manager that is

ultimately responsible for the management of Broadband Infraco’s account.

14.7.3. The necessary processes should be implemented to ensure good quality

management and ensuring Traveller satisfaction at all times.

14.7.4. A complaint handling procedure must be implemented to manage and

record the compliments and complaints of the TMC and other travel service

providers.

14.7.5. Ensure that the Broadband Infraco’s Travel Policy is enforced.

14.7.6. The Service Level Agreement (SLA) must be managed and customer

satisfaction surveys conducted to measure the performance of the TMC.

14.7.7. Ensure that workshops/training is provided to Travellers and/or Travel

Bookers

14.7.8. During reviews, comprehensive reports on the travel spend and the

performance in terms of the SLA must be presented.




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14.8. Value Added Services

The TMC must provide the following value added services:

14.8.1. Destination information for regional and international destinations:

i. Health warnings;

ii. Weather forecasts;

iii. Places of interest;

iv. Visa information;

v. Travel alerts;

vi. Location of hotels and restaurants;

vii. Information including the cost of public transport;

viii. Rules and procedures of the airports;

ix. Business etiquette specific to the country;

x. Airline baggage policy; and

xi. Supplier updates

14.8.2. Electronic voucher retrieval via web and smart phones;

14.8.3. SMS notifications for travel confirmations;

14.8.4. Travel audits;

14.8.5. Global Travel Risk Management;

14.8.6. VIP services for Executives that include, but is not limited to check-in

support.

14.9. Cost Management

14.9.1. The National Treasury cost containment initiative and Broadband Infraco’s

Travel Policy is establishing a basis for a cost savings culture.

14.9.2. It is the obligation of the TMC Consultant to advise on the most cost effective

option at all times, and costs should be within the framework of the National

Treasury’s cost containment instructions.

14.9.3. The TMC plays a pivotal role to provide high quality travel related services

that are designed to strike a balance between effective cost management,

flexibility and traveller satisfaction.

14.9.4. The TMC should have in-depth knowledge of the relevant supplier(s)’

products, to be able to provide the best option and alternatives that are in




Page 25 of 40

accordance with Broadband Infraco’s Travel Policy to ensure that the Traveller reaches

his/her destination safely, in reasonable comfort, with minimum disruption, cost effectively

and in time to carry out his/her business.

14.10. Quarterly and Annual Travel Reviews

14.10.1. Quarterly reviews are required to be presented by the Travel Management

Company on all Broadband Infraco’s travel activity in the previous three-

month period. These reviews are comprehensive and presented to

Broadband Infraco’s Procurement and Finance teams as part of the

performance management reviews based on the service levels.

14.10.2. Annual Reviews are also required to be presented to Broadband Infraco’s

Executives.

14.10.3. These Travel Reviews will include without limitation the following information

14.11. Office Management

14.11.1. The TMC to ensure high quality service to be delivered at all times to

Broadband Infraco’s travellers. The TMC is required to provide Broadband

Infraco with highly skilled and qualified human resources of the following

roles but not limited to:

a. Senior Consultants

b. Intermediate Consultants

c. Junior Consultants

d. Travel Manager (Operational)

e. Finance Manager / Branch Accountant

f. Admin Back Office (Creditors / Debtors/Finance Processors)

g. Strategic Account Manager (per hour)

h. System Administrator (General Admin)




Page 26 of 40

15. PRICING MODEL

Broadband Infraco requires bidders to propose two pricing models, namely, a

transactional fee model and a management fee model. Broadband Infraco prefers the

transaction model, however bidders are requested to also provide pricing for a

management model.

Bidders are requested to indicate the price escalation rate that will be applicable annually

on the anniversary of the contract start date - where applicable.

15.1. Transaction Fees

Refer Annexure A3: Pricing Schedule

15.1.1. The transaction fee must be a fixed amount per service. The fee must be

linked to the cost involved in delivering the service and not a percentage of

the value or cost of the service provided by third party service providers.

i. Off-site option (Template 2) – refer to attached Annexure A3

pricing template

AND

15.2. Management Fee

Refer Annexure A3: Pricing Schedule

15.2.1. The management fee is the total fee per annum that will be charged to

Broadband Infraco in twelve payments. Broadband Infraco will pay the fee

monthly in arrears.

i. Off-site option (Template 4)

DESCRIPTION

ANNUAL SPEND

TOTAL TRANSACTIONS

Accommodation R 831,917.43 186

Car rental R 803,946.98 167

Domestic air travel R 666,157.32 151

International and Regional air travel

R 252 769.36 318

Visa services

- -




Page 27 of 40

Conference

- -

Management Fee Year 1 (Incl VAT) Year 2 (Incl VAT)

Total Management Fee

R

15.3. Volume driven incentives

15.3.1. It is important for bidders to note the following when determining the pricing:

National Treasury has negotiated non-commissionable fares and rates with various airlines carriers and

other service providers;

i. No override commissions earned through Broadband Infraco will be

paid to the TMCs;

ii. An open book policy will apply and any commissions earned through

the Broadband Infraco volumes will be reimbursed to Broadband

Infraco.

iii. TMCs are to book these negotiated rates or the best fare available,

whichever is the most cost effective for the institution.

16. EVALUATION AND SELECTION CRITERIA

Broadband Infraco has set minimum standards (Gates) that a bidder needs to meet in

order to be evaluated and selected as a successful bidder. The minimum standards

consist of the following:

Mandatory documents to be submitted with the bid (Gate 1)

Technical Evaluation Criteria

(Phase 1)

Price and B-BBEE

Evaluation (Phase 2)

Bidders must

submit all

documents as

outlined in

paragraph 16.2

(Table 1) below.

Only bidders that

comply with ALL

Bidder(s) are required

to achieve a minimum

of 70 points out of

100 points to proceed

to Phase 2 (Price and

BEE).

Bidder(s) who

succeeded on

Phase 1 will be

evaluated further

on Price and B-

BBEE

Maleshini.Naidoo

Sticky Note

is this correct?




Page 28 of 40

these criteria will

proceed to Phase 1.




Page 29 of 40

16.1. Gate 1: Mandatory documents that must be submitted with the bid

Without limiting the generality of Broadband Infraco’s other critical requirements for this

Bid, bidder(s) must submit the documents listed in Table 1 below. All documents must be

completed and signed by the duly authorised representative of the prospective bidder(s).

During this phase Bidders’ responses will be evaluated based on compliance with the listed

administration and mandatory bid requirements. The bidder(s) proposal may be

disqualified for non-submission of any of the documents.

Table 1: Documents that must be submitted for Mandatory Administrative requirements

Document that must be submitted

Non-submission may result in disqualification?

Invitation to Bid – SBD 1 YES Complete and sign the supplied pro forma document

Tax Status Tax Clearance Certificate – SBD 2

YES i. Valid SARS verification pin ii. Written confirmation that SARS may on an

ongoing basis during the tenure of the contract disclose the bidder’s tax compliance status. (Refer Section 4.1.4)

iii. Proof of Registration on the Central Supplier Database (Refer Section 4.1.5)

Declaration of Interest – SBD 4 YES Complete and sign the supplied pro forma document

Preference Point Claim Form – SBD 6.1

YES Non-submission will lead to a zero (0) score on BBBEE

Declaration of Bidder’s Past Supply Chain Management Practices – SBD 8


Certificate of Independent Bid Determination – SBD 9


Bidder Compliance form for Functional Evaluation

YES Complete and sign

Registration on Central Supplier Database (CSD

YES The Travel Management Company (TMC) must be registered as a service provider on the Central Supplier Database (CSD). If you are not registered proceed to complete the registration of your company prior to submitting your proposal. Visit https://secure.csd.gov.za/ to obtain your vendor number. Submit proof of registration.

https://secure.csd.gov.za/




Page 30 of 40

Company documents YES Bidders are quired to submit CIPC documents with the ID copies of the directors

IATA Licence / Certificate YES i. Bidders are required to submit their International Air Transport Association (IATA) licence/ certificate (certified copy) at closing date.

ii. Where a bidding company is using a 3rd party IATA licence, proof of the agreement must be attached and copy of the certificate to that effect at closing date.

Pricing Schedule YES Submit full details of the pricing proposal as per Annexure A3 in a separate envelope

16.2. Phase 1: Technical Evaluation Criteria = 100 points

All bidders are required to respond to the technical evaluation criteria scorecard and

compliance checklist. Refer to Annexure A2 for detailed information

i. Functionality/Technical Evaluation – Bidders will be evaluated out of 100

points and are required to achieve minimum threshold of 70 points of 100

points for Phase 1 in order to proceed to Phase 2 for Price and BBBEE

evaluations.

As part of due diligence, Broadband Infraco will conduct a site visit at a client of the Bidder

(reference) for validation of the services rendered. The choice of site will be at Broadband

Infraco’ sole discretion.

The Bidder’s information will be scored according to the following points system:

Functionality Maximum Points

Achievable

Minimum Threshold

Functionality/ Technical Evaluation Details found in Annexure A2 – Technical Scorecard

100 70




Page 31 of 40

16.3. Phase 2: Price and BBBEE Evaluation (80+20) = 100 points

Only Bidders that have met the 70 point threshold in Phase 1 will be evaluated in Phase 2 for

price and BBBEE. Price and BBBEE will be evaluated as follows:

In terms of regulation 6 of the Preferential Procurement Regulations pertaining to the

Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000), responsive bids will

be adjudicated on the 80/20-preference point system in terms of which points are awarded

to bidders on the basis of:

- The bid price (maximum 80 points)

- B-BBEE status level of contributor (maximum 20 points)

i. Phase 2 – Price Evaluation (80 Points)

Criteria Points

Price Evaluation

Pt − P min Ps =80 1− P min

80

The following formula will be used to calculate the points for price:

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

ii. Stage 2 – BBBEE Evaluation (20 Points)




Page 32 of 40

a. BBBEE Points allocation

A maximum of 20 points may be allocated to a bidder for attaining their B-BBEE status level

of contributor in accordance with the table below:


Contributor Number of Points

1 20

2 18

3 14

4 12

5 6

6 4

7 2

8 2

Non-compliant contributor 0

B-BBEE points may be allocated to bidders on submission of the following documentation

or evidence:

- A duly completed Preference Point Claim Form: Standard Bidding Document

(SBD 6.1); and

- B-BBEE Certificate

b. Joint Ventures, Consortiums and Trusts

A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a

legal entity, provided that the entity submits their B-BBEE status level certificate.

A trust, consortium or joint venture will qualify for points for their B-BBEE status level as

an unincorporated entity, provided that the entity submits their consolidated B-BBEE

scorecard as if they were a group structure and that such a consolidated B-BBEE

scorecard is prepared for every separate bid.

Bidders must submit concrete proof of the existence of joint ventures and/or consortium

arrangements. Broadband Infraco will accept signed agreements as acceptable proof of

the existence of a joint venture and/or consortium arrangement.




Page 33 of 40

The joint venture and/or consortium agreements must clearly set out the roles and

responsibilities of the Lead Partner and the joint venture and/or consortium party. The

agreement must also clearly identify the Lead Partner, who shall be given the power of

attorney to bind the other party/parties in respect of matters pertaining to the joint venture

and/or consortium arrangement.

c. Sub-contracting

Bidders/ tenderers who want to claim Preference points will have to comply fully with

regulations 11(8) and 11(9) of the PPPFA Act with regard to sub-contracting.

The following is an extract from the PPPFA Act:

11(8) “A person must not be awarded points for B-BBEE status level if it is indicated in the

tender documents that such a tenderer intends subcontracting 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 tenderer qualifies for, unless the intended sub- contractor is an EME that has the

capability and ability to execute the sub- contract.”

11(9) “A person awarded a contract may not sub-contract more than 25% of the value of

the contract to any other enterprise that does not have an equal or higher B- BBEE status

level than the person concerned, unless the contract is sub- contracted to an EME that

has the capability and ability to execute the sub- contract.”

iii. Stage 3 (80 + 20 = 100 points)

The Price and BBBEE points will be consolidated.

17. SERVICE LEVEL AGREEMENT

17.1. Upon award Broadband Infraco and the successful bidder will conclude a

Service Level Agreement regulating the specific terms and conditions

applicable to the services being procured by Broadband Infraco, more or less

in the format of the draft Service Level Indicators included in this tender pack.




Page 34 of 40

17.2. Broadband Infraco reserves the right to vary the proposed draft Service Level

Indicators during the course of negotiations with a bidder by amending or

adding thereto.

17.3. Bidder(s) are requested to:

a. Comment on draft Service Level Indicators and where necessary, make

proposals to the indicators;

b. Explain each comment and/or amendment; and

c. Use an easily identifiable colour font or “track changes” for all changes

and/or amendments to the Service Level Indicators for ease of reference.

17.4. Broadband Infraco reserves the right to accept or reject any or all amendments

or additions proposed by a bidder if such amendments or additions are

unacceptable to Broadband Infraco or pose a risk to the organisation.

18. SPECIAL CONDITIONS OF THIS BID

Broadband Infraco reserves the right:

18.1. To award this tender to a bidder that did not score the highest total number of

points, only in accordance with section 2(1)(f) of the PPPFA (Act 5 of 2000)

18.2. To negotiate with one or more preferred bidder(s) identified in the evaluation

process, regarding any terms and conditions, including price without offering

the same opportunity to any other bidder(s) who has not been awarded the

status of the preferred bidder(s).

18.3. To accept part of a tender rather than the whole tender.

18.4. To carry out site inspections, product evaluations or explanatory meetings in

order to verify the nature and quality of the services offered by the bidder(s),

whether before or after adjudication of the Bid.

18.5. To correct any mistakes at any stage of the tender that may have been in the

Bid documents or occurred at any stage of the tender process.

18.6. To cancel and/or terminate the tender process at any stage, including after the

Closing Date and/or after presentations have been made, and/or after tenders

have been evaluated and/or after the preferred bidder(s) have been notified of

their status as such.




Page 35 of 40

18.7. Award to multiple bidders based either on size or geographic considerations

(where applicable).

19. BROADBAND INFRACO REQUIRES BIDDER(S) TO DECLARE

In the Bidder’s Technical response, bidder(s) are required to declare the following:

19.1. Confirm that the bidder(s) is to: –

a. Act honestly, fairly, and with due skill, care and diligence, in the interests

of Broadband Infraco;

b. Have and employ effectively the resources, procedures and appropriate

technological systems for the proper performance of the services;

c. Act with circumspection and treat Broadband Infraco fairly in a situation of

conflicting interests;

d. Comply with all applicable statutory or common law requirements

applicable to the conduct of business;

e. Make adequate disclosures of relevant material information including

disclosures of actual or potential own interests, in relation to dealings with

Broadband Infraco;

f. Avoidance of fraudulent and misleading advertising, canvassing and

marketing;

g. To conduct their business activities with transparency and consistently

uphold the interests and needs of Broadband Infraco as a client before

any other consideration; and

h. To ensure that any information acquired by the bidder(s) from Broadband

Infraco will not be used or disclosed unless the written consent of the client

has been obtained to do so.

20. CONFLICT OF INTEREST, CORRUPTION AND FRAUD

20.1. Broadband Infraco reserves its right to disqualify any bidder who either itself

or any of whose members (save for such members who hold a minority interest

in the bidder through shares listed on any recognised stock exchange), indirect

members (being any person or entity who indirectly holds at least a 15%

interest in the bidder other than in the context of shares listed on a recognised




Page 36 of 40

stock exchange), directors or members of senior management, whether in respect of

[Institution name] or any other government organ or entity and whether from the Republic

of South Africa or otherwise ("Government Entity")

a. engages in any collusive tendering, anti-competitive conduct, or any

other similar conduct, including but not limited to any collusion with any

other bidder in respect of the subject matter of this bid;

b. seeks any assistance, other than assistance officially provided by a

Government Entity, from any employee, advisor or other representative

of a Government Entity in order to obtain any unlawful advantage in

relation to procurement or services provided or to be provided to a

Government Entity;

c. makes or offers any gift, gratuity, anything of value or other inducement,

whether lawful or unlawful, to any of Broadband Infraco’s officers,

directors, employees, advisors or other representatives;

d. makes or offers any gift, gratuity, anything of any value or other

inducement, to any Government Entity's officers, directors, employees,

advisors or other representatives in order to obtain any unlawful

advantage in relation to procurement or services provided or to be

provided to a Government Entity;

e. accepts anything of value or an inducement that would or may provide

financial gain, advantage or benefit in relation to procurement or

services provided or to be provided to a Government Entity;

f. pays or agrees to pay to any person any fee, commission, percentage,

brokerage fee, gift or any other consideration, that is contingent upon or

results from, the award of any tender, contract, right or entitlement which

is in any way related to procurement or the rendering of any services to

a Government Entity;

g. has in the past engaged in any matter referred to above; or

h. has been found guilty in a court of law on charges of fraud and/or

forgery, regardless of whether or not a prison term was imposed and

despite such bidder, member or director’s name not specifically

appearing on the List of Tender Defaulters kept at National Treasury.




Page 37 of 40

21. MISREPRESENTATION DURING THE LIFECYCLE OF THE CONTRACT

21.1. The bidder should note that the terms of its Tender will be incorporated in the

proposed contract by reference and that Broadband Infraco relies upon the

bidder’s Tender as a material representation in making an award to a

successful bidder and in concluding an agreement with the bidder.

21.2. It follows therefore that misrepresentations in a Tender may give rise to service

termination and a claim by Broadband Infraco against the bidder

notwithstanding the conclusion of the Service Level Agreement between

Broadband Infraco and the bidder for the provision of the Service in question.

In the event of a conflict between the bidder’s proposal and the Service Level

Agreement concluded between the parties, the Service Level Agreement will

prevail.

22. PREPARATION COSTS

The Bidder will bear all its costs in preparing, submitting and presenting any response or

Tender to this bid and all other costs incurred by it throughout the bid process.

Furthermore, no statement in this bid will be construed as placing Broadband Infraco, its

employees or agents under any obligation whatsoever, including in respect of costs,

expenses or losses incurred by the bidder(s) in the preparation of their response to this

bid.

23. INDEMNITY

If a bidder breaches the conditions of this bid and, as a result of that breach, Broadband

Infraco, incurs costs or damages (including, without limitation, the cost of any

investigations, procedural impairment, repetition of all or part of the bid process and/or

enforcement of intellectual property rights or confidentiality obligations), then the bidder

indemnifies and holds Broadband Infraco harmless from any and all such costs which

Broadband Infraco may incur and for any damages or losses Broadband Infraco may suffer.




Page 38 of 40

24. PRECEDENCE

This document will prevail over any information provided during any briefing session

whether oral or written, unless such written information provided, expressly amends this

document by reference.

25. LIMITATION OF LIABILITY

A bidder participates in this bid process entirely at its own risk and cost. Broadband Infraco

shall not be liable to compensate a bidder on any grounds whatsoever for any costs

incurred or any damages suffered as a result of the Bidder’s participation in this Bid

process.

26. TAX COMPLIANCE

No tender shall be awarded to a bidder who is not tax compliant. Broadband Infraco

reserves the right to withdraw an award made, or cancel a contract concluded with a

successful bidder in the event that it is established that such bidder was in fact not tax

compliant at the time of the award, or has submitted a fraudulent Tax Clearance Certificate

to Broadband Infraco, or whose verification against the Central Supplier Database (CSD)

proves non-compliant. Broadband Infraco further reserves the right to cancel a contract

with a successful bidder in the event that such bidder does not remain tax compliant for

the full term of the contract.

27. TENDER DEFAULTERS AND RESTRICTED SUPPLIERS

No tender shall be awarded to a bidder whose name (or any of its members, directors,

partners or trustees) appear on the Register of Tender Defaulters kept by National

Treasury, or who have been placed on National Treasury’s List of Restricted Suppliers.

Broadband Infraco reserves the right to withdraw an award, or cancel a contract concluded

with a Bidder should it be established, at any time, that a bidder has been blacklisted with

National Treasury by another government institution.

28. GOVERNING LAW

South African law governs this bid and the bid response process. The bidder agrees to

submit to the exclusive jurisdiction of the South African courts in any dispute of any




Page 39 of 40

kind that may arise out of or in connection with the subject matter of this bid, the bid itself

and all processes associated with the bid.

29. RESPONSIBILITY FOR SUB-CONTRACTORS AND BIDDER’S PERSONNEL

A bidder is responsible for ensuring that its personnel (including agents, officers, directors,

employees, advisors and other representatives), its sub-contractors (if any) and personnel

of its sub-contractors comply with all terms and conditions of this bid. In the event that

Broadband Infraco allows a bidder to make use of sub-contractors, such sub-contractors

will at all times remain the responsibility of the bidder and Broadband Infraco will not under

any circumstances be liable for any losses or damages incurred by or caused by such sub-

contractors.

30. CONFIDENTIALITY

Except as may be required by operation of law, by a court or by a regulatory authority

having appropriate jurisdiction, no information contained in or relating to this bid or a

bidder’s tender(s) will be disclosed by any bidder or other person not officially involved with

Broadband Infraco’s examination and evaluation of a Tender.

No part of the bid may be distributed, reproduced, stored or transmitted, in any form or by

any means, electronic, photocopying, recording or otherwise, in whole or in part except

for the purpose of preparing a Tender. This bid and any other documents supplied by

Broadband Infraco remain proprietary to Broadband Infraco and must be promptly

returned to Broadband Infraco upon request together with all copies, electronic versions,

excerpts or summaries thereof or work derived there from.

Throughout this bid process and thereafter, bidder(s) must secure Broadband Infraco’s

written approval prior to the release of any information that pertains to (i) the potential work

or activities to which this bid relates; or (ii) the process which follows this bid. Failure to

adhere to this requirement may result in disqualification from the bid process and civil

action.

31. BROADBAND INFRACO PROPRIETARY INFORMATION

Bidder will on their bid cover letter make declaration that they did not have access to any

Broadband Infraco Proprietary information or any other matter that may have unfairly

placed that bidder in a preferential position in relation to any of the other bidder(s).




Page 40 of 40

32. AVAILABILITY OF FUNDS

Should funds no longer be available to pay for the execution of the responsibilities of

this bid INF/TEN/0272, Broadband Infraco may terminate the Agreement at its own

discretion or temporarily suspend all or part of the services by notice to the successful

bidder who shall immediately make arrangements to stop the performance of the

services and minimize further expenditure: Provided that the successful bidder shall

thereupon be entitled to payment in full for the services delivered, up to the date of

cancellation or suspension.

of 49

ANNEXURE - TECHNICAL EVALUATION CRITERIA

RFP NO: INF/TEN/0272 Annexure A2: Functionality/ Technical Evaluation Technical Scorecard

Page 1 of 15

Annexure A2

FUNCTIONALITY/TECHNICAL EVALUATION

SCORECARD AND COMPLIANCE CHECKLIST


Page 2 of 15

ANNEXURE A2: FUNCTIONALITY/ TECHNICAL EVALUATION SCORECARD AND COMPLIANCE CHECKLIST

The form must be submitted in File 1 (Technical file), Exhibit 2

BIDDERS ARE REQUESTED TO COMPLETE THE BELOW COMPLIANCE CHECKLIST:

Section No

Technical Criteria Reference page in Proposal

Comments

1.1 Reservations Exhibit 2: Bidder to summarise the motivation of compliance,

partial compliance or non-compliance to the

requirement.

1.2 Communication Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.

1.3 Financial Management Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.

1.4 Technology, Management Information

and Reporting

Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.

1.5 Account Management Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.


Page 3 of 15

1.6 Value added services Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.

1.7 Cost Management Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.

1.8 Quarterly & annual travel reviews Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.

1.9 Office Management Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.

1.10 General

- Transition plan

- Reference letters & references

Exhibit 2: Bidder to summarise the motivation of compliance,


requirement.


Page 4 of 15

RATING SCALE TO BE UTILISED DURING THE BID EVALUATION PROCESS

Rating Definition Score

Excellent Exceeds the requirement. Exceptional demonstration by the supplier of the relevant

ability, understanding, experience, skills, resource and quality measures required to

provide the goods / services. Response identifies factors that will offer potential added

value, with supporting evidence.

5

Good Satisfies the requirement with minor additional benefits. Above average demonstration

by the supplier of the relevant ability, understanding, experience, skills, resource and

quality measures required to provide the goods / services. Response identifies factors

that will offer potential added value, with supporting evidence.

4

Acceptable Satisfies the requirement. Demonstration by the supplier of the relevant ability,

understanding, experience, skills, resource, and quality measures required to provide

the goods / services, with supporting evidence.

3

Minor Reservations Satisfies the requirement with minor reservations. Some minor reservations of the

supplier’s relevant ability, understanding, experience, skills, resource and quality

measures required to provide the goods / services, with little or no supporting evidence.

2

Serious Reservations Satisfies the requirement with major reservations. Considerable reservations of the

supplier’s relevant ability, understanding, experience, skills, resource and quality

measures required to provide the goods / services, with little or no supporting evidence.

1

Unacceptable Does not meet the requirement. Does not comply and/or insufficient information

provided to demonstrate that the supplier has the ability, understanding, experience,

skills, resource & quality measures required to provide the goods / services, with little or

no supporting evidence.

0


Page 5 of 15

The Bidders will be evaluated according to the technical evaluation criteria in the scorecard below.

Bidders must indicate their ability to do the following and to substantiate as required with supporting documentation.

#

TECHNICAL EVALUATION CRITERION

WEIGHT

REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS

TO BE COMPLETED BY THE BIDDER

DESKTOP EVALUATION

100

1

RESERVATIONS

30 POINTS

SECTION 14.3.2 TO 14.3.6

1.1

Manage all reservations/ bookings.

Describe how all travel reservations/ bookings

are handled e.g. hotel (accommodation); car

rental; flights etc.

This will include, without limitation, an example

of a detailed complex itinerary confirmation that

includes air, car, hotel, passport requirement,

confirmation numbers and additional proof of

competency.

5 points

Section 14.3.2

Section 14.3.3

Section 14.3.4

Section 14.3.5


Page 6 of 15

#


WEIGHT

REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


1.2

Manage group bookings.

Describe your capabilities for handling group

bookings (e.g. for meetings, conferences,

events etc.). Please specify if these bookings

would be done by the TMC or outsourced.

5 points

Section 14.3.2 (i)

1.3

Directly negotiated rates

Negotiated airline fares, accommodation

establishment rates, car rental rates, etc, that

are negotiated directly or established by

National Treasury or by Broadband Infraco are

non-commissionable, where commissions are

earned for Broadband Infraco bookings, all

these commissions should be returned to

Broadband Infraco on a quarterly basis.

Describe how these specific rates will be

secured. Describe any automated tools that will

be used to assist with maintenance and

processing of the said negotiated rates.

5 points

Section 14.3.2 (q)

1.4

Manage airline reservations.

Describe in detail the process of booking the

most cost-effective and practical routing for the

5 points

Section 14.3.3


Page 7 of 15

#


WEIGHT

REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


traveller.

This will include, without limitation, the refund

process and how you manage the unused non-

refundable airline tickets, your ability to secure

special airline services for traveller(s) including

preferred seating, waitlist clearance, special

meals, travellers with disabilities, etc.

1.5

After-hours and emergency services

The bidder must have capacity to provide

reliable and consistent after hours and

emergency support to traveller(s).

Please provide details/ Standard Operating

Procedure of your after-hour support e.g.

- how it is accessed by Travellers,

- where it is located, centralized/

regionalised, in-country (owned)/

outsourced etc.

- is it available 24/7/365

- Reminders to Broadband

Infraco to process purchase

orders within 24 hours to

reduce queries on invoices

10 points

Section 14.3.6


Page 8 of 15

#


WEIGHT

REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


2

COMMUNICATION

5 points

SECTION 14.4

2.1

Describe how you will ensure that travel bookers

are informed of the travel booking processes.

Describe your communication process where

the traveller, travel co-ordinator/booker and

travel management company will be linked in

one smooth continuous workflow.

5 points

Section 14.4

3

FINANCIAL MANAGEMENT

15 points

SECTION 14.5

3.1

Describe how you will implement the negotiated

rates and maximum allowable rates established

either by Broadband Infraco or the National

Treasury.

Describe how you will manage the 30-day bill-

back account facility.

Describe how pre-payments will be handled

where it is required for smaller Bed & Breakfast

/Guest House facilities.

Describe how invoicing will be handled,

15 points

Section 14.5


Page 9 of 15

#


WEIGHT

REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


including the process of rectifying discrepancies

between purchase orders and invoices,

supporting documentation, reconciliation of

transactions and the timely provision of invoices

to Broadband Infraco.

Please describe credit card reconciliation

process, timing and deliverables.

4

TECHNOLOGY, MANAGEMENT INFORMATION AND REPORTING

5 points

SECTION 14.6

4.1

Describe the proposed booking system e.g.

Global Distribution System (GDS), Online

Booking Tool (OBT) or Self-Booking tool (SBT).

Describe how travel consultants access and

book web airfares i.e. non-GDS inventories (low

cost carriers/ consolidators), and hotel web

rates.

Describe how you will manage data and

management information such as traveller

profiles, tracking of savings and missed savings,

tracking of unused airline tickets, cancellation,

traveller behaviour, transaction level data, etc.

5 points

Section 14.6


Page 10 of 15

#


WEIGHT

REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


(refer to the detail in Section 14.6.6)

Provide a description of all technology and

reporting products proposed for Broadband

Infraco.

Give actual examples of standard reports that

you currently have available. Give an indication

if reports can be customised.

Can the TMC comply with Broadband Infraco’s

monthly reporting requirement as prescribed by

National Treasury? See Monthly Reporting

Template prescribed by National Treasury

Instruction No 3 of 2016/17.

Describe the compatibility of your online solution

to fully integrate into Broadband Infraco’s ERP.

Indicate the turnaround time to complete this

process and a breakdown of the expected cost

that will be associated with it (in case Broadband

Infraco decide to integrate).


Page 11 of 15

#


WEIGHT

REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


5

ACCOUNT MANAGEMENT

10 points

SECTION 14.7

5.1

Provide the proposed Account Management

structure / organogram.

Describe what quality control procedures/

processes you have in place to ensure that your

clients receive consistent quality service.

Describe how queries, requests, changes and

cancellations will be handled. What is your

mitigation and issue resolution process? Please

provide a detailed response indicating

performance standards with respect to resolving

service issues. Complaint handling procedure

must be submitted.

What is in place to ensure that the Broadband

Infraco’s travel Policy is enforced.

How will you manage the service levels in the

SLA and how will you go about doing customer

satisfaction surveys?

Indicate what workshops/training will be

provided to Travellers and /or Travel Bookers.

10 points

Section 14.7.1 and 14.7.2

Section 14.7.3

Section 14.7.4

Section 14.7.5

Section 14.7.6

Section 14.7 7


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DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


6

VALUE ADDED SERVICES

5 points

SECTION 14.8

6.1

Please provide information on any value-added

services your company can offer.

5 points

Section 14.8

7

COST MANAGEMENT

10 points

SECTION 14.9

7.1

Describe your detailed strategic cost savings

plan for the contract duration. What items do you

target for maximum cost savings results?

Describe how you will assist Broadband Infraco

to realise cost savings on annual travel spend.

10 points

Section 14.9

8

QUARTERLY AND ANNUAL TRAVEL REVIEWS

5 points

SECTION 14.10

8.1

Provide a sample of a Quarterly and Annual

review used for performance management

during the life cycle of the contract.

5 points

Section 14.10


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REFERENCE IN BID

DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


9

OFFICE MANAGEMENT

5 points

SECTION 14.11

9.1

Provide an overview of your back-office

processes detailing the degree of automation for

air tickets workflow, ground arrangements and

bill back workflow.

Describe roles and responsibilities of assigned

staff. Please provide the management

hierarchy.

Describe type of training provided to travel

agency personnel

Describe the forecasting system employed to

staff operations in response to volume changes

owing to conferences, project-related volumes,

etc.

Describe measures put in place to ensure

effective and efficient continuation of operations

amidst the COVID-19 pandemic

5 points

Section 14.11


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DOCUMENT

REFERENCE PAGE

IN BIDDERS PROPOSAL

COMMENTS


10

GENERAL

10 points

SECTION 14.3.2

10.1

Provide a detailed transition plan for

implementing the service without service

interruptions and engage with the incumbent

service provider to ensure a smooth transition.

5 points

Section 14.3.1 (j)

10.2

Provide the reference letters from at least three

(3) contactable existing/recent clients (within

past 3 years) which are of a similar size to

Broadband Infraco whom we may contact for

references. The letter must include: company

name, contact name, address, phone number,

and duration of contract, value of the travel

expenditure, a brief description of the services

that you provided and the level of satisfaction.

5 points

Section 14.3.1 (k)


Page 15 of 15

BIDDER DECLARATION (Section 22)

The bidder hereby declare the following:

We confirm that (Bidder’s Name) will: –

a. Act honestly, fairly, and with due skill, care and diligence, in the interests of Broadband Infraco;

b. Employ effectively the resources, procedures and appropriate technological systems for the proper performance of the services;

c. Act with circumspection and treat Broadband Infraco fairly in a situation of conflicting interests;

d. Comply with all applicable statutory or common law requirements applicable to the conduct of business;

e. Make adequate disclosures of relevant material information including disclosures of actual or potential own interests, in relation to

dealings with Broadband Infraco;

f. Avoid fraudulent and misleading advertising, canvassing and marketing;

g. Conduct business activities with transparency and consistently uphold the interests and needs of Broadband Infraco as a client

before any other consideration; and

h. Ensure that any information acquired by the bidder(s) from Broadband Infraco will not be used or disclosed unless the written consent

of the client has been obtained to do so.

Signature Date

Print Name of Signatory:

Designation:

FOR AND ON BEHALF OF: (Bidding Company’s Name)

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