BID SPECIFICATION RFB REF. NO: DESCRIPTION 1509/2016 THE SUPPLY OF LICENSE MAINTENANCE & SUPPORT; NEW LICENSES, TRAINING; INSTALLATION AND CONFIGURATION SERVICES TO THE DTI WITH REGARD TO THE ECM ENVIRONMENT FOR A PERIOD OF THREE (3) YEARS COMPULSORY VENDOR BRIEFING SESSION WILL BE HELD AS FOLLOWS: DATE: 09 FEBRUARY 2017 VENDOR BRIEFING SESSION TIME: 09H00 PLACE: SITA ERASMUSKLOOF AUDITORIUM CLOSING DATE FOR QUESTIONS / QUERIES 17 FEBRUARY 2017 DATE: 10 MARCH 2017 TIME: 11:00 (SOUTH AFRICAN TIME) RFB CLOSING DETAILS PLACE: TENDER OFFICE, PONGOLA IN APOLLO, 459 TSITSA STREET, ERASMUSKLOOF, PRETORIA (HEAD OFFICE) DATE: 10 MARCH 2017 PUBLIC OPENING OF RFB RESPONSES TIME: 12H00 PLACE: TENDER OFFICE, PONGOLA IN APOLLO, 459 TSITSA STREET, ERASMUSKLOOF, PRETORIA (HEAD OFFICE) RFB VALIDITY PERIOD 120 DAYS FROM THE CLOSING DATE 1 of 28 CONFIDENTIAL Contents ANNEX A: 1. PURPOSE AND BACKGROUND ........................................................................................................................... 4 1.1. 1.2. 2. PURPOSE .......................................................................................................................................................... 4 BACKGROUND.................................................................................................................................................. 4 SCOPE OF BID .................................................................................................................................................... 5 2.1. 2.2. 2.3. 3. INTRODUCTION ................................................................................................................................... 4 SCOPE OF WORK .............................................................................................................................................. 5 DELIVERY ADDRESS .......................................................................................................................................... 6 CUSTOMER INFRASTRUCTURE AND ENVIRONMENT ....................................................................................... 6 BID EVALUATION STAGES .................................................................................................................................. 7 ANNEX A.1: 4. ADMINISTRATIVE PRE-QUALIFICATION REQUIREMENTS ................................................................................... 8 4.1. 4.2. ADMINISTRATIVE PRE-QUALIFICATION VERIFICATION .................................................................................... 8 ADMINISTRATIVE PRE-QUALIFICATION REQUIREMENTS ................................................................................. 8 ANNEX A.2: 5. TECHNICAL MANDATORY, .................................................................................................................... 9 TECHNICAL MANDATORY .................................................................................................................................. 9 5.1. 5.2. 5.3. INSTRUCTION AND EVALUATION CRITERIA...................................................................................................... 9 TECHNICAL MANDATORY REQUIREMENTS .................................................................................................... 10 DECLARATION OF COMPLIANCE .................................................................................................................... 11 ANNEX A.3: 6. ADMINISTRATIVE PRE-QUALIFICATION ................................................................................................ 8 SPECIAL CONDITIONS OF CONTRACT (SCC) .........................................................................................12 SPECIAL CONDITIONS OF TENDER .....................................................................................................................12 6.1. INSTRUCTION ................................................................................................................................................. 12 6.2. SPECIAL CONDITIONS OF CONTRACT ............................................................................................................. 12 6.2.1. CONTRACTING CONDITIONS ...................................................................................................................... 12 6.2.2. DELIVERY ADDRESS. ................................................................................................................................... 12 6.2.3. SCOPE OF WORK AND DELIVERY SCHEDULE .............................................................................................. 13 6.2.4. SERVICES AND PERFORMANCE METRICS ................................................................................................... 13 6.2.5. the dti SPECIFIC REQUIREMENTS ................................................................................................................ 13 6.2.6. SUPPLIER PERFORMANCE REPORTING ....................................................................................................... 14 6.2.7. CERTIFICATION, EXPERTISE AND QUALIFICATION ...................................................................................... 14 6.2.8. LOGISTICAL CONDITIONS ............................................................................................................................ 15 6.2.9. SKILLS TRANSFER AND TRAINING ............................................................................................................... 15 6.2.10. PERSONNEL SECURITY CLEARANCE ............................................................................................................ 15 6.2.11. CONFIDENTIALITY AND NON-DISCLOSURE CONDITIONS ........................................................................... 16 6.2.12. GUARANTEE AND WARRANTIES. ................................................................................................................ 17 6.2.13. INTELLECTUAL PROPERTY RIGHTS .............................................................................................................. 18 6.2.14. ADJUSTMENT OF LICENSE MAINTENANCE PERIOD .................................................................................... 19 6.3. DECLARATION OF ACCEPTANCE ..................................................................................................................... 19 ANNEX A.4: 7. COSTING AND PRICING .......................................................................................................................20 COSTING AND PRICING .....................................................................................................................................21 7.1. 7.2. 7.3. 7.4. 7.5. 7.6. COSTING AND PRICING EVALUATION ............................................................................................................ 21 COSTING AND PRICING CONDITIONS ............................................................................................................. 21 TOTAL PRICE................................................................................................................................................... 21 BID EXCHANGE RATE CONDITIONS. ............................................................................................................... 21 DECLARATION OF ACCEPTANCE ..................................................................................................................... 22 BID PRICING SCHEDULE .................................................................................................................................. 23 2 of 28 CONFIDENTIAL ANNEX A.5: 1. TERMS AND DEFINITIONS ...................................................................................................................27 ABBREVIATIONS ...............................................................................................................................................27 ANNEX A.6: BIDDER SUBSTANTIATING EVIDENCE ..................................................................................................28 3 of 28 CONFIDENTIAL The purpose of this RFB is to invite Suppliers (hereinafter referred to as “bidders”) to submit bids to expand the Enterprise Content Management (ECM) environment as well as obtain maintenance and support for the software utilised within the ECM environment of the Department of Trade and Industry (the dti) for a period of three (3) years. the dti’s business is dependent on documents and information and as such it is a documentcentric and information-driven organisation, which relies heavily on the flow of information to and from its stakeholders. The dissemination or distribution of information is vital to the success and effectiveness of the dti. In order to reach the above-mentioned objective, the dti implemented an ECM Solution for the management of electronic records in 2004. The main objectives with this implementation were: To transform from a paper based document management operation to an electronic content management operation. To enable easier access to information and support collaboration and knowledge sharing. To automate existing processes within the department The ECM provides the department the ability to manage all of its unstructured information, or content, for example text documents, drawings, XML, still images, audio and video files, and many other file types and formats. It adds intelligence to content by creating categorisation schema, metadata, and tags that make search and retrieval faster and more efficient. It also manages the review, revision, and approval process for any piece of content according to user-defined business rules. EMC Documentum and Adobe are the implemented products of the dti ECM. The ECM’s content repository already contains 1 441 355 objects. Total disk space occupied by these documents is 812GB. With regard to ADOBE the dti utilises ADOBE Life Cycle as front end to many solutions in the dti that is public facing. In order for the dti to continue with the utilisation of this environment it is imperative to continue with the yearly maintenance and support of the licenses as indicated in Table 1. 4 of 28 CONFIDENTIAL In addition and as part of staying in pace with the technological enhancement licences and maintenance and support for Documentum D2, Documentum xCP and Documentum for Microsoft Outlook are required in order to enhance the capability of the current ECM environment of the dti. The current contract for maintenance and support of the Enterprise Content Management (ECM) environment is lapsing on 31 March 2017. A new contractor has to be appointed to render the maintenance and support to the said environment. In addition to the maintenance and support required the dti also intends to expand within the mentioned environment by including Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. The scope of work by the bidders is to: 2.1.1 Provide maintenance and support of licenses, reflected in table 1: (a) Documentum, Records Manager, eRoom, EMC Captiva Capture; and (b) Adobe. 2.1.2 Enhance the current ECM capability, by providing new licenses, maintenance and support for: (a) Documentum D2 (20 licenses); (b) Documentum xCP (5 licenses); and (c) Documentum for Microsoft Outlook (10 licences) 2.1.3 Assist with installation and configuration of new releases of all products listed in table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. 2.1.4 Provide telephonic helpdesk support for the time period 24/7, 365 days a year on all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. The maximum time to respond to helpdesk service requests is 48 hours (2 days) after the call was logged. 2.1.5 Provide additional on-site Administrator Support on all products listed in Table 1, plus Documentum D2, Documentum xCP and Documentum for Microsoft Outlook at the dti of 160 hours per year. (This does not include installation and configuration of new releases and upgrades.) 2.1.6 Provide training to selected system administrative staff with regard to the setting up of new releases of all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. 5 of 28 CONFIDENTIAL The goods and services must be supplied and provided at the following physical address: The Department of Trade and Industry (the dti) No1 Cnr Robert Sobukwe (previous Esselen) and Van Boeschoten streets (Next to Nelson Mandel Drive - opposite the dti Campus) The SSC Building Sunnyside Pretoria (Attention: Director Application Services) The required renewal is for the licences as listed in the following Table 1 as well as the “to be procured” new Documentum D2 (20), Documentum xCP (5) and Documentum for Microsoft Outlook (10) - not listed as yet. Table 1 – List of current licenses Contract Number Locking Id / Dongle Id Instance ID Model Number Product Description Qty 69135467 69135469 69135468 23740867 68612767 23740866 23740865 23740870 23751436 23740871 23751437 23768894 23740873 69831071 23740875 23740879 73487645 73487647 44422171 44422173 44422175 EMC DOCUMENTUM EXPORT – NC INPUTACCEL STANDARD SERVER - 1M PPY INPUTACCEL STARTER / STD VOL PK-+1M PPY CONTENT SERVER ST DOCUMENT TRANSFORMATION SVCS CPU DOCUMENTUM ADMINISTRATOR ST DOCUMENTUM DEVELOPER STUDIO ST EROOM (CORE) ST EROOM ENTERPRISE ST EROOM REAL TIME SVCS ADD-ON ST EROOM REAL TIME SVCS ADD-ON ST EROOM SERVER (MS SQL SERVER) ST EROOM VIEWER FOR MS PROJECT SERVER MEDIA TRANSFORMATION SERVICES CORE RECORDS MANAGER ADMIN ACCESS ST RECORDS MANAGER END-USER ACCESS ST REPORTING SERVICES INST REPORTING SERVICES INST PHYSICAL RECORDS MODULE (RECORDS MANAGER RECORDS MANAGER ADMIN ACCESS ST RECORDS MANAGER COORDINATOR ST 1 1 9 800 1 1 2 50 400 50 400 50 1 1 2 28 2 10 2 1 1 Form Srvr Documentum ALL ALP Platinum Spt Renewal ALL 1L Livecycle Forms ALL ALP Platinum Spt Renewal ALL 1L Reader Extension Svr ALL ALP Platinum Spt Renewal ALL 1L EMC LICENSES 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 64596848D 129543 129543 129543 64596848D 64596848D ADOBE LICENSES 44422174 44422172 456-100-767 456-100-711 456-100-714 CNTNT-SERVER DTS-1 ADMNSTRTR DEVELOPSTUDIO ER-CLIENT ERM-ENT ER-RT-CLT-UP ER-RT-CLT-UP ERM-SRVR-SQL ER-MS-PRJVWR MTS-MC REC-MGRADMIN REC-MGR-USER REPORTINGSVCS REPORTINGSVCS REC-MGR-PHYS REC-MGRADMIN REC-MGRCOORD RET-POL-ADMIN RET-POL-SV-MC 138845540 138845540 138845540 52240235 52240235 52240235 10002035 10002690 10001542 RETENTION POLICY SERVICES ADMINISTRATOR RETENTION POLICY SERVICES CORE 1 7 6 of 28 CONFIDENTIAL 2 2 1010 The bid evaluation process consists of several stages that are applicable according to the nature of the bid as defined in the table below. Stage Stage 1 Stage 2 Stage 3 Stage 4 Description Administrative pre-qualification verification Technical Mandatory requirement evaluation Special Conditions of Contract verification Price / B-BBEE evaluation Applicable for this bid YES YES YES YES The bidder must qualify for each stage consecutively to be eligible to proceed to the next stage of the evaluation. 7 of 28 CONFIDENTIAL 4.1.1 The bidder must comply with ALL of the bid pre-qualification requirements in order for the bid to be accepted for evaluation. 4.1.2 If the Bidder fails to comply with any of the administrative pre-qualification requirements, or if SITA is unable to verify whether the pre-qualification requirements are met, due to not submitted proof within the proposal then SITA reserves the right to: (a) (b) 4.2.1 Submission of bid response: The bidder has submitted a bid response documentation pack: (a) (b) 4.2.2 Reject the bid and not evaluate it, or Accept the bid for evaluation, on condition that the Bidder must submit within 7 (seven) days any supplementary information to achieve full compliance, provided that the supplementary information is administrative and not substantive in nature. That was delivered at the correct physical or postal address and within the stipulated date and time as specified in the “Invitation to Bid” cover page, and; In the correct format as one original document, two copies and one CD. Registered Supplier: The bidder is, in terms of National Treasury Instruction Note 3 of 2016/17, registered as a Supplier on National Treasury Central Supplier Database (CSD). 8 of 28 CONFIDENTIAL 5.1.1 The bidder must comply with ALL the requirements by providing substantiating evidence in the form of documentation or information, failing which it will be regarded as “NOT COMPLY”. 5.1.2 The bidder must provide a unique reference number (e.g. binder/folio, chapter, section, page) to locate substantiating evidence in the bid response. During evaluation, SITA reserves the right to treat substantiation evidence that cannot be located in the bid response as “NOT COMPLY”. 5.1.3 The bidder must complete the declaration of compliance as per section 5.3 below by marking with an “X” either “COMPLY”, or “NOT COMPLY” with ALL of the technical mandatory requirements, failing which it will be regarded as “NOT COMPLY”. 5.1.4 The bidder must comply with ALL the TECHNICAL MANDATORY REQUIREMENTS in order for the bid to proceed to the next stage of the evaluation. 9 of 28 CONFIDENTIAL TECHNICAL MANDATORY REQUIREMENTS The bidder must be an Documentum OSM accredited reseller and Enterprise Content Division Support Enabled Partner Substantiating evidence of compliance (used to evaluate bid) Provide a copy of a valid letter from DellEMC indicating: (a) the bidder name, (b) the bidder is a Documentum OSM accredited reseller and Enterprise Content Division Support Enabled Partner, Evidence reference (to be completed by bidder) <provide unique reference to locate substantiating evidence in the bid response – see Annex A.6> (c) date the partnership was established, and (d) information stating that the partnership is valid at time of bid. 5.2.2 The bidder must be an Authorised reseller of ADOBE Life Cycle (ADOBE Life Cycle partner) Note: All letters, certificates or licenses must be in writing, dated, signed and on a letterhead of the entity that issued to letter. Provide a copy of a valid letter from Adobe indicating: (a) the bidder name, (b) the bidder is an Authorised reseller of ADOBE Life Cycle (ADOBE Life Cycle Partner), <provide unique reference to locate substantiating evidence in the bid response – see Annex A.6> (c) date the partnership was established, and (d) information stating that the partnership is valid at time of bid. Note: All letters, certificates or licenses must be in writing, dated, signed and on a letterhead of the entity that issued to letter. 10 of 28 CONFIDENTIAL Comply Not Comply The bidder declares by indicating with an “X” in either the “COMPLY” or “NOT COMPLY” column that – (a) The bid complies with each and every TECHNICAL MANDATORY REQUIREMENT as specified in SECTION 5.2 above; AND (b) Each and every requirement specification is substantiated by evidence as proof of compliance. 11 of 28 CONFIDENTIAL 6.1.1 The successful supplier will be bound by Government Procurement: General Conditions of Contract (GCC) as well as this Special Conditions of Contract (SCC), which will form part of the signed contract with the successful Supplier. However, SITA reserves the right to include or waive the condition in the signed contract. 6.1.2 SITA reserves the right to – (a) Negotiate the conditions, or (b) Automatically disqualify a bidder for not accepting these conditions. 6.1.3 In the event that the bidder qualifies the proposal with own conditions, and does not specifically withdraw such own conditions when called upon to do so, SITA will invoke the rights reserved in accordance with subsection 6.1.2 above. 6.1.4 The bidder must complete the declaration of acceptance as per section 6.3 below by marking with an “X” either “ACCEPT ALL” or “DO NOT ACCEPT ALL”, failing which the declaration will be regarded as “DO NOT ACCEPT ALL” and the bid will be disqualified. (a) (b) Formal Contract. The Supplier must enter into a formal written Contract (Agreement) with the dti . Right to Audit. SITA reserves the right, before entering into a contract, to conduct or commission an external service provider to conduct a financial audit or probity to ascertain whether a qualifying bidder has the financial wherewithal or technical capability to provide the goods and services as required by this tender. The supplier must deliver the required products and services at: The Department of Trade and Industry (the dti) No1 Cnr Robert Sobukwe (previous Esselen) and Van Boeschoten streets (Next to Nelson Mandel Drive - opposite the dti Campus) The SSC Building Sunnyside Pretoria (Attention: Director Application Services) 12 of 28 CONFIDENTIAL The Supplier is responsible to perform the work as outlined in the following Work Breakdown Structure (WBS): WBS 1. 2. 3. 4. 5. 6. Statement of Work Provide maintenance and support of existing licenses as reflected in Table 1. Enhance the current ECM capability by providing new licenses, maintenance and support for 20 Documentum D2 licenses, 5 Documentum xCP and 10 Documentum for Microsoft Outlook licenses. Assist with the installation and configuration of new releases of the products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. Provide telephonic helpdesk support for the time period 24/7, 365 days a year on the products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. The maximum time to respond to helpdesk service requests is 48 hours (2 days) after the call was logged. Provide on-site Administrator Support on the products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook at the dti of 160 hours per year. (This does not include installation and configuration of new releases and upgrades). Provide training to selected system administrative staff with regard to the setting up of new releases of the products listed in Table 1, Documentum D2, Documentum and Documentum for Microsoft Outlook xCP, if required. Delivery Timeframe Duration of 3 year contract period. Licenses to be provided at the start of the contract period. Maintenance and support to be provided for the duration of the 3 year contract period. Duration of 3 year contract period. Duration of 3 year contract period. As and when required within the 3 year contract period. Duration of 3 year contract period. a) The Supplier is responsible to provide the following services as specified in the Service Breakdown Structure (SBS): (i) Maximum time to respond of 48 hours (2 day) for helpdesk service requests with regard to the products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook is required. (ii) Every new software release for the maintained licenses (listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook) must be supplied to the dti within 1 month after the OSM has released it. (a) (b) The required duration of the contract as laid out is for a period of 3 years. Additional support outside of the helpdesk and software uploads support will be at a fixed charge rate as agreed upon by all parties and will be done on a 13 of 28 CONFIDENTIAL submission / quote principle (Rate to be indicated on prescribed documentation). (c) Documentation / training material with regard to upgrades will be supplied as part and parcel of the software releases of all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. (d) the dti must at all times be notified and be kept up to date with any of the listed upgrades. (e) Communication for requested support must include e-mail and voice mail. (f) Pro-active response is required if logged requests point to possible larger issues within the listed environments in order to prevent breakdowns or downtime. (g) In the event of failure of a service both parties will make adequate staff available to work on the problem so that effective problem determination and testing can take place and the problem be rectified in the shortest possible time. (h) The appointed service provider will sign a service level agreement with the dti. (i) The service providers may not cede or assign any part of its agreement with the dti nor subcontract any part of the work assigned to them without the prior written approval of the dti. (j) Although the contract period is over a three year period, the dti will be billed on a yearly basis thus the total tendered amount will be paid off over three years. (k) The Government Procurement: General Conditions of Contract dated July 2010 will be applicable to this tender. (l) In the event that the provisions outlined in Government Procurement: General Conditions of Contract contradicts the provisions outlined in the terms of reference, the provisions outlined in the terms of reference will take preference. (m) The service providers will be required to sign an indemnity agreement with the dti. (a) (b) The Supplier must submit a monthly report on all services rendered to the dti. The Supplier must attend a monthly performance meeting at the dti. The Supplier represents that, (i) It has the necessary expertise, skill, qualifications and ability to undertake the work required in terms of the Statement of Work or Service Definition and; (ii) It is committed to provide the Products and Services; (iii) Perform all obligations detailed herein without any interruption to the dti . (iv) The bidder must provide proof of in-house certified skills to render the support and assistance for all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook that will be used for the duration of the awarded tender; The Supplier must provide the service in a good and workmanlike manner and in accordance with the practices and high professional standards used in wellmanaged operations performing services similar to the Services; 14 of 28 CONFIDENTIAL (c) (d) (a) (b) (c) (d) (a) (b) (c) (d) (a) The Supplier must perform the Services in the most cost-effective manner consistent with the level of quality and performance as defined in Statement of Work or Service Definition; Original Software Manufacturer (OSM) work. The Supplier must ensure that work or service is performed by a person who is certified by the Original Software Manufacturer, including at least the following: (i) Documentum Certification; and (ii) Adobe Certification. Hours of work. Installation, configuration and training must be performed at times as required by the dti. This may include non-business hours. In the event that the dti grants the Supplier permission to access the dti’s environment including hardware, software, internet facilities, data, telecommunication facilities and/or network facilities remotely, the Supplier must adhere to the dti’s relevant policies and procedures (which policy and procedures are available to the Supplier on request) or in the absence of such policy and procedures, in terms of, best Industry practice. On-site Support. The Supplier must provide on-site Administrator support at the dti of 160 hours per year for all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. (This does not include installation and configuration of new releases and upgrades). Support and Help Desk. The Supplier must provide 24/7 helpdesk support service for 365 days per year with regard to all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. The Supplier must provide training to selected officials of the dti with regard to maintenance of the provided upgrades of all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook (maximum of 5 persons). The nature of the training must be hands-on training. Additional support outside of the helpdesk and software upgrades support must be at a fixed charge Rate as agreed upon by all parties and must be done on a submission / quote principle (Rate to be indicated on prescribed documentation). The Supplier must provide Documentation / training material with regard to upgrades as part and parcel of the software releases of all products in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook (minimum 5 copies). The appointed service provider as well as resources must comply to the internal vetting process of the dti. 15 of 28 CONFIDENTIAL (a) (b) The Supplier, including its management and staff, must before commencement of the Contract, sign a non-disclosure agreement regarding Confidential Information. Confidential Information means any information or data, irrespective of the form or medium in which it may be stored, which is not in the public domain and which becomes available or accessible to a Party as a consequence of this Contract, including information or data which is prohibited from disclosure by virtue of: (i) The Promotion of Access to Information Act, 2000 (Act no. 2 of 2000); (ii) Being clearly marked "Confidential" and which is provided by one Party to another Party in terms of this Contract; (iii) Being information or data, which one Party provides to another Party or to which a Party has access because of Services provided in terms of this Contract and in which a Party would have a reasonable expectation of confidentiality; (iv) Being information provided by one Party to another Party in the course of contractual or other negotiations, which could reasonably be expected to prejudice the right of the non-disclosing Party; (v) Being information, the disclosure of which could reasonably be expected to endanger a life or physical security of a person; (vi) Being technical, scientific, commercial, financial and market-related information, know-how and trade secrets of a Party; (vii) Being financial, commercial, scientific or technical information, other than trade secrets, of a Party, the disclosure of which would be likely to cause harm to the commercial or financial interests of a non-disclosing Party; and (viii) Being information supplied by a Party in confidence, the disclosure of which could reasonably be expected either to put the Party at a disadvantage in contractual or other negotiations or to prejudice the Party in commercial competition; or (ix) Information the disclosure of which would be likely to prejudice or impair the safety and security of a building, structure or system, including, but not limited to, a computer or communication system; a means of transport; or any other property; or a person; methods, systems, plans or procedures for the protection of an individual in accordance with a witness protection scheme; the safety of the public or any part of the public; or the security of property; information the disclosure of which could reasonably be expected to cause prejudice to the defence of the Republic; security of the Republic; or international relations of the Republic; or plans, designs, drawings, functional and technical requirements and specifications of a Party, but must not include information which has been made automatically available, in terms of the Promotion of Access to Information Act, 2000; and information which a Party has a statutory or common law duty to disclose or in respect of which there is no reasonable expectation of privacy or confidentiality; 16 of 28 CONFIDENTIAL (c) (d) (e) Notwithstanding the provisions of this Contract, no Party is entitled to disclose Confidential Information, except where required to do so in terms of a law, without the prior written consent of any other Party having an interest in the disclosure; Where a Party discloses Confidential Information which materially damages or could materially damage another Party, the disclosing Party must submit all facts related to the disclosure in writing to the other Party, who must submit information related to such actual or potential material damage to be resolved as a dispute; Parties may not, except to the extent that a Party is legally required to make a public statement, make any public statement or issue a press release which could affect another Party, without first submitting a written copy of the proposed public statement or press release to the other Party and obtaining the other Party's prior written approval for such public statement or press release, which consent must not unreasonably be withheld. The Supplier warrants that: (a) The guarantee / warranty of goods supplied under this contract remains valid for the full contract period of 36 months. (b) As at Commencement Date, it has the rights, title and interest in and to the Product or Services to deliver such Product or Services in terms of the Contract and that such rights are free from any encumbrances whatsoever; The Product is in good working order, free from Defects in material and workmanship, and substantially conforms to the Specifications, for the duration of the Warranty period; During the Warranty period any defective item or part component of the Product be repaired or replaced within 3 (three) days after it was reported to the helpdesk; The Products is maintained during its Warranty Period at no expense to the dti; The Product possesses all material functions and features required for the dti’s Operational Requirements; (c) (d) (e) (f) (g) The Product remains connected or Service is continued during the term of the Contract; (h) All third-party warranties that the Supplier receives in connection with the Products including the corresponding software and the benefits of all such warranties are ceded to the dti without reducing or limiting the Supplier’s obligations under the Contract; (i) No actions, suits, or proceedings, pending or threatened against it or any of its third party suppliers or sub-contractors that have a material adverse effect on the Supplier’s ability to fulfil its obligations under the Contract exist; (j) the dti is notified immediately if it becomes aware of any action, suit, or proceeding, pending or threatened to have a material adverse effect on the Supplier’s ability to fulfil the obligations under the Contract; 17 of 28 CONFIDENTIAL (k) Any Product sold to the dti after the Commencement Date of the Contract remains free from any lien, pledge, encumbrance or security interest; (l) the dti’s use of the Product and Manuals supplied in connection with the Contract does not infringe any Intellectual Property Rights of any third party; (m) The information disclosed to the dti does not contain any trade secrets of any third party, unless disclosure is permitted by such third party; (n) It is financially capable of fulfilling all requirements of the Contract and that the Supplier is a validly organized entity that has the authority to enter into the Contract; (o) It is not prohibited by any loan, contract, financing arrangement, trade covenant, or similar restriction from entering into the Contract; (p) The prices, charges and fees to the dti as contained in the Contract are at least as favourable as those offered by the Supplier to any of its other customers that are of the same or similar standing and situation as the dti; and (q) Any misrepresentation by the Supplier amounts to a breach of Contract. (a) the dti retains all Intellectual Property Rights in and to the dti’s Intellectual Property. As of the Effective Date, the Supplier is granted a non-exclusive license, for the continued duration of this Contract, to perform any lawful act including the right to use, copy, maintain, modify, enhance and create derivative works of the dti’s Intellectual Property for the sole purpose of providing the Products or Services to the dti pursuant to this Contract; provided that the Supplier must not be permitted to use the dti’s Intellectual Property for the benefit of any entities other than the dti without the written consent of the dti , which consent may be withheld in the dti’s sole and absolute discretion. Except as otherwise requested or approved by the dti, which approval is in the dti’s sole and absolute discretion, the Supplier must cease all use of the dti’s Intellectual Property, at of the earliest of: (i) Termination or expiration date of this Contract; (ii) The date of completion of the Services; and (iii) The date of rendering of the last of the Deliverables. If so required by the dti, the Supplier must certify in writing to the dti that it has either returned all the dti Intellectual Property to the dti or destroyed or deleted all other the dti Intellectual Property in its possession or under its control. the dti, at all times, owns all Intellectual Property Rights in and to all Bespoke Intellectual Property. Save for the license granted in terms of this Contract, the Supplier retains all Intellectual Property Rights in and to the Supplier’s pre-existing Intellectual Property that is used or supplied in connection with the Products or Services. (b) (c) (d) 18 of 28 CONFIDENTIAL The proposed maintenance dates for the Licences as listed in paragraph 2.3 must be adjusted to such an extent that all maintenance contained to this tender will resume and expire on the same date (period of 3 years). ACCEPT ALL DO NOT ACCEPT ALL The bidder declares to ACCEPT ALL the Special Condition of Contract as specified in section 6.2 above by indicating with an “X” in the “ACCEPT ALL” column, OR The bidder declares to NOT ACCEPT ALL the Special Conditions of Contract as specified in section 6.2 above by (a) Indicating with an “X” in the “DO NOT ACCEPT ALL” column, and; (b) Provide reason and proposal for each of the conditions that is not accepted. Comments by bidder: Provide reason and proposal for each of the conditions not accepted as per the format: Condition Reference: Reason: Proposal: 19 of 28 CONFIDENTIAL QUALIFICATION NOTICE To safeguard the integrity of the bidding process, the technical and financial proposals should be submitted in separate sealed envelopes, as per “National Treasury: Supply Chain Management a guide for Accounting Officers / Authorities, 2004”, section 5.9.4; therefore All bid Pricing Schedules, as indicated in section 7 COSTING AND PRICING, must be submitted in a SEPARATE SEALED ENVELOPE, failing which the bid WILL BE DISQUALIFIED. 20 of 28 CONFIDENTIAL 7.1.1 ALL PRICING SCHEDULES MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE, failing which the BID will be DISQUALIFIED. 7.1.2 In terms of Preferential Procurement Policy Framework Act (PPPFA), the following preference point system is applicable to all Bids: (a) the 80/20 system (80% Price, 20% B-BBEE) for requirements with a Rand value of up to R1 000 000 (all applicable taxes included); or (b) the 90/10 system (90% Price and 10% B-BBEE) for requirements with a Rand value above R1 000 000 (all applicable taxes included). 7.1.3 7.1.4 The bidder must complete the declaration of acceptance as per section 7.5 below by marking with an “X” either “ACCEPT ALL”, or “DO NOT ACCEPT ALL”, failing which the declaration will be regarded as “DO NOT ACCEPT ALL” and the bid will be disqualified 7.1.5 Bidder will be bound by the following general costing and pricing conditions and SITA reserves the right to negotiate the conditions or automatically disqualify the bidder for not accepting these conditions. These conditions will form part of the Contract between SITA and the bidder. However, SITA reserves the right to include or waive the condition in the Contract. 7.2.1 The bidder must submit the Pricing Schedule(s) as prescribed in section 7.6 as well as the relevant enclosed Standard Bidding Document SBD 3.1, 3.2 or 3.3. 7.2.2 SOUTH AFRICAN PRICING. The total price must be VAT inclusive and be quoted in South African Rand (ZAR). (a) (b) (c) All quoted prices are the total price for the entire scope of required services and deliverables to be provided by the bidder. The cost of delivery, labour, S&T, overtime, etc. must be included in this bid. All additional costs must be clearly specified. The bidders must use the exchange rate provided below to enable SITA to compare the prices provided by using the same exchange rate: 21 of 28 CONFIDENTIAL Foreign currency 1 US Dollar 1 Euro 1 Pound South African Rand (ZAR) exchange rate ACCEPT ALL DO NOT ACCEPT ALL The bidder declares to ACCEPT ALL the Costing and Pricing conditions as specified in section 7.2 above by indicating with an “X” in the “ACCEPT ALL” column, OR The bidder declares to NOT ACCEPT ALL the Costing and Pricing Conditions as specified in section 7.2 above by (a) Indicating with an “X” in the “DO NOT ACCEPT ALL” column, and; (b) Provide reason and proposal for each of the conditions that is not accepted. Comments by bidder: Provide the condition reference, the reasons for not accepting the condition. 22 of 28 CONFIDENTIAL Note: a) Bidder must complete the pricing as per table below. b) Line Prices are all VAT EXCLUDING, and TOTAL PRICE is VAT INCLUSIVE 7.6.1 PRODUCT OR SERVICE PRICING No Product/Service description 1. 2. 3. 4. 5. 6. 7. 8. 9. Quantity Maintenance and Support of existing licenses listed in Table 1. Supply of Documentum D2 licenses. Supply of Documentum xCP licenses. Supply of Documentum for Microsoft Outlook licences Sum Maintenance and support of new Documentum D2, Documentum xCP and Documentum for Microsoft Outlook licenses. Installation and Configuration assistance for all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. Telephonic Helpdesk support for the time period 24/7, 365 days a year on all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook. On-site Administrator Support on all products listed in Table 1, Documentum D2, Documentum xCP and Documentum for Microsoft Outlook at the dti (160 hours per year). (This does not include installation and configuration of new releases and upgrades.) Training to selected system administrative staff including training material. Sum Unit Price (VAT excl.) Price Year 1 (VAT excl.) Price Year 2 (VAT excl.) Price Year 3 (VAT excl.) 20 5 10 Sum Sum 160 R hour per 5 p.a SUBTOTAL (VAT Excl.) VAT (14%) 23 of 28 CONFIDENTIAL SUBTOTAL (VAT Incl.) BID TOTAL (VAT Incl.) 24 of 28 CONFIDENTIAL 7.6.2 RATE OF EXCHANGE PRICING INFORMATION Provide the TOTAL BID PRICE for the duration of Contract and clearly indicate the Local Price and Foreign Price, where – (a) Local Price means the portion of the TOTAL price that is NOT dependent on the Foreign Rate of Exchange (ROE) (Services as per items 4 - 8 of the PRODUCT OR SERVICE PRICING table above); (b) Foreign Price means the portion of the TOTAL price that is dependent on the Foreign Rate of Exchange (ROE) (Licences as per items 1 - 3 of the PRODUCT OR SERVICE PRICING table above). (c) Exchange Rate means the ROE (ZA Rand vs foreign currency) as determined at time of bid. No Description 1. 2. 3. Price YEAR 1 (Vat Excl.) Price YEAR 2 (VAT Excl.) Price YEAR 3 (VAT Excl.) LOCAL Price (ZAR) FOREIGN Price (ZAR) Exchange Rate SUBTOTAL (VAT Excl.) VAT (14%) TOTAL (VAT Incl.) BID TOTAL 25 of 28 CONFIDENTIAL SBD 3.2 PRICING SCHEDULE – NON-FIRM PRICES (PURCHASES) NOTE: PRICE ADJUSTMENTS WILL BE ALLOWED AT THE PERIODS AND TIMES SPECIFIED IN THE BIDDING DOCUMENTS. IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT Name of Bidder: …………………………………………………………… Bid number: Closing Time 11:00 Closing date: OFFER TO BE VALID FOR ……… DAYS FROM THE CLOSING DATE OF BID. ________________________________________________________________________________ ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY NO. **(ALL APPLICABLE TAXES INCLUDED) ________________________________________________________________________________ - Required by: THE STATE INFORMATION TECHNOLOGY AGENCY SOC LTD - At: …….…..………………………………. - Brand and model ……..…………………………………. - Country of origin ……...…………………………………. - Does the offer comply with the specification(s)? *YES/NO - If not to specification, indicate deviation(s) …………………………………………. - Period required for delivery …………………………………………. - Delivery: *Firm/not firm ** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies. *Delete if not applicable 26 of 28 CONFIDENTIAL CRM CSD ECM GB ICT PPPFA RFB ROE SBD SITA S&T the dti WBS XML ZAR Customer Relation Manager Central Supplier Database Enterprise Content Management Gigabyte Information and Communication Technology Preferential Procurement Policy Framework Act Request for Bid Rate of Exchange Standard Bidding Document State Information Technology Agency Subsistence and Travel The Department of Trade and Industry Work Breakdown Structure Extensible Markup Language South African Rand 27 of 28 CONFIDENTIAL This section is reserved for the bidder to provide information related to the substantiating evidence or comments in the format as required by the bid specification (e.g. text, graphical representation, diagrams, statistical reports, lists, reference letters, copies of product of solution documentation, certificates, licences, memberships, etc.). Note: The evidence provided in this section will be used by the bid evaluation committee to evaluate the bid. Therefore, each piece of substantiating evidence must be cross referenced to requirements specification section. 28 of 28 CONFIDENTIAL
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