NHC-06-11-2023 - Server Upgrade, Virtualisation and Migration
NHC-06-11-2023 - Server Upgrade, Virtualisation and Migration
NHC-06-11-2023 - Server Upgrade, Virtualisation and Migration
BIDS RECEIVED AFTER THE CLOSING DATE AND TIME ARE LATE AND WILL, AS
A RULE, NOT BE ACCEPTED FOR CONSIDERATION
Bidders shall ensure that the bid proposal is submitted on the eTender portal timeously.
Bids by hand, telegram, facsimile or other similar apparatus will not be accepted for
consideration.
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PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
BID NUMBER: NHC/06/11/2023 CLOSING DATE: 2023-12-14 CLOSING TIME: 11:00am
DESCRIPTION SERVER UPGRADE, MIGRATION AND VIRTUALISATION
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
NATIONAL HERITAGE COUNCIL
1ST FLOOR, 353 FESTIVAL STREET
HATFIELD
PRETORIA
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Ms. Corné van Huyssteen CONTACT PERSON Mr. Nceba Gawula
TELEPHONE NUMBER 012 748-3949 TELEPHONE NUMBER 012 748-3949
FACSIMILE NUMBER FACSIMILE NUMBER
[email protected] or
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELL PHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
SUPPLIER TAX COMPLIANCE CENTRAL SUPPLIER
OR
COMPLIANCE STATUS SYSTEM PIN: DATABASE No: MAAA
ARE YOU THE
ACCREDITED ARE YOU A FOREIGN BASED
REPRESENTATIVE IN SUPPLIER FOR THE GOODS Yes No
SOUTH AFRICA FOR Yes No /SERVICES OFFERED?
THE GOODS [IF YES, ANSWER THE
/SERVICES OFFERED? [IF YES ENCLOSE PROOF] QUESTIONNAIRE BELOW]
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IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS
SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.
PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL
NOT BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED (NOT TO BE RE-TYPED) OR IN
THE MANNER PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND
THE PREFERENTIAL PROCUREMENT REGULATIONS, THE GENERAL CONDITIONS OF CONTRACT
(GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM
(SBD7).
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID
INVALID.
SIGNATURE OF BIDDER: ……………………………………………
CONTACT PERSON: …………………………………………… (Name in print)
CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………
(Proof of authority must be submitted e.g. company resolution)
DATE: ……………………………
.
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Only bidders who are responsive to the following responsiveness criteria are eligible to
submit bids:
Bid offer must be properly received on the bid closing date and time specified
☐ on the invitation, fully signed and signed in black ink (All as per Standard
Conditions of Bid).
The bid offer must be clearly completed by the bidder, with clear specification
of the financial offer in terms of rental and tenant installation allowance offered
☐ by the bidder and the bid documents must be duly signed in black ink, by the
bidder. The offer shall be submitted as per the bid questionnaire which form
part of the bid documents.
The building must be within the geographical boundaries specified in the bid
☐
document (within 30km radius of the current building occupied by the NHC
Submission of applicable Resolution by the Legal Entity, or consortium / joint
☐ venture, authorizing a dedicated person(s) to sign documents on behalf of the
firm / consortium / joint venture.
☐ Submission of SBD 4: Declaration of Interest
☐ PMP certification. Proof to be included
☐ Microsoft Engineer: MCSE Server Certificate. Proof to be included
☐ CompTIA N+ or CompTIA A+ Certification. Proof to be included
☐ SAN / NAS Administration Certification. Proof to be included
☐ Registration on National Treasury’s Central Supplier Database (CSD)
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THE NATIONAL HERITAGE COUNCIL INVITES BIDDERS FOR THE PROVISION OF:
1. INTRODUCTION
The National Heritage Council (NHC) is a Schedule 3A public entity and a juristic
person that came into existence through an amendment of the Cultural Laws
Second Amendment Act 2001 (Act 69 of 2001), and was officially constituted
through the National Heritage Council Act of 1999 (Act 11 of 1999) and employing
about fourty-seven (47) staff compliment with the potential to grow to sixty (60).
NHC is under the Department of Sport, Arts and Culture (DSAC).
The NHC is responsible for the preservation of the country’s heritage. The
important areas that the NHC focuses on are policy development for the sector to
meet its transformation goals, public awareness and education, knowledge
production in heritage subjects that were previously neglected, as well as making
funding available to projects that place heritage as a socio-economic resource.
The NHC requires the services of a qualified experienced and accredited service
provider for the Server upgrade, migration and virtualisation.
2. COMPULSORY REQUIREMENTS
Bid proposals that does not comply with the following compulsory requirements
will be regarded as a non-responsive Bid proposal:
2.1 Valid current Tax compliance status pin code for verification of tax compliance
status with SARS;
2.2 Only suppliers registered on the Central Supplier Database (CSD) will be
considered. Suppliers must include with their quotation/proposal their Master
Registration number as proof of registration on CSD.
2.3 Completed and signed Standard Bidding Documents (SBD) forms included with
the bid document.
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The following legislation, but not limited to, the following must be adhered to:
3.2. Public Finance Management Act, 1999 (Act no 1 of 1999) as amended by Act 29
of 1999 (PFMA);
3.4. Compliance with the South African National Standards (SANS) where applicable.
3.5. Compliance with the Occupational Health and Safety Act, 1993
No alteration, variation or amendment of the Contract (of which this bid represents
the offer) shall be permitted unless otherwise agreed to in writing. Should the
prospective bidder, in the case of non-compliance, with to make any amendments
to the conditions stipulated by the NHC in this bid, which shall form the offer
element of a Contract and if it is accepted by the NHC, then such proposed
amendments shall be clearly stipulated by the prospective bidder and where
possible, stating the increase or decrease in the cost (included in “Financial
proposal” involved by such proposals. The NHC reserves the right to reject such
submissions.
The NHC does not bind itself to accept the lowest or any bid proposal, nor to assign
any reason for the rejection of a bid proposal, not shall it be responsible for or pay
expenses or losses that may be incurred by the prospective bidder in the
preparation and delivery of its submission.
6. SUBMISSION ACCEPTANCE
No submission shall be deemed to have been accepted, unless and until a formal
appointment letter is issued to the successful bidder. Submissions shall remain
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open for acceptance by the NHC for a period of 90 (ninety) days from the date on
which they are returnable in terms of this bid.
7. PRICES
(To be included in the “Financial Proposal” envelope.
Bidders shall indicate the basis on which the services will be charged. In this
regard the following information shall be provided:
7.1. The bidder shall reflect service discounts that they will offer throughout the contract
duration.
7.2. Bidders submissions must reflect the detailed breakdown of the bid price as per
the pricing guide provided in the bid document.
7.3. Prices must include VAT, it if is applicable and all other costs related to the
execution of the required services.
7.4. The Bidder agrees not to change the price with VAT or any other TAX subsequent
to submitting the tender. This includes subsequent VAT registration.
7.5. All prices quoted are to be in South African Rand (ZAR) and inclusive of Value
Added Tax (VAT).
7.6. This is a fixed price tender. No change in the prices submitted shall be considered
after the closing date of the bid or after receipt of the response to the bid
submission within the validity period of the bid.
7.7. Bidders shall ensure that the bid price is valid for the duration of the project.
7.8. The Bidders shall include with the “Financial Proposal” an implementation plan
linked to the pricing as per the pricing guide. No services may be rendered without
the acceptance of the implementation plan in order for a NHC purchase order to
be issued. No services may be rendered without a purchase order.
8. TERMS OF ENGAGEMENT
8.1. The successful bidder shall not take more than one (1) month from date of bid
award unless otherwise indicated and agreed between the bidder and the NHC.
8.2. The bidder shall be available for consultation with the NHC representative.
8.3. The Bidder shall manage confidential all data, information and insights gained in
execution of work for the NHC.
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8.4. NHC retains the right to negotiate with the successful bidder for partial execution
of the proposal.
8.5. NHC retains the right to enter into a non-exclusive agreement with bidders that do
not restrict the procurement of goods and services from other service providers.
8.6. NHC retails the right to require the bidder to obtain permission in writing from the
NHC prior to replacement of individuals proposed for execution of the bid.
9.1. Proposals shall include all relevant information about the bidder, which is thought
appropriate to assist the NHC to assess its capabilities, capacity, outputs, value
adding abilities, competitive advantage, etc.
9.2. The proposals presented are to be comprehensive and should describe the
methodology to be followed in doing the following:
9.2.1. The breakdown of the complete terms of reference with associated cost.
(Cost included as part of the “Financial proposal” envelope.
9.2.2. All Standard Bidding Documents (SBD) must be completed and signed.
9.4. Bidders shall adhere to the conditions stipulated in the General Conditions of
Contract as prescribed by the National Treasury.
9.5. Bidders must ensure that the complete bid document is submitted with all
additional required information and any other documents that the bidder wishes to
supply to substantiate or clarify specific aspects in the proposal.
9.6. Failure to submit all the signed and completed Standard Bidding Documents
and / or any required documentation will result in disqualification.
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Bidders shall provide a list of companies for which rental of Office Accommodation
of commercial office space have been rendered / provided for.
The NHC may, after the opening of submissions, call on the prospective bidder to
amplify in writing any matter which is not clear in the prospective bidder’s
submission and such amplification shall form part of the original submission. In
the event of the prospective bidder failing to supply such information, the
submission will be liable to rejection.
Bidders shall bear the cost associated with the preparation and submission of their
proposals, the NHC will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the bid.
This document in its entirely serves as the complete bid document. Proposals
offering only part of the requirements will be rejected. The bidder is expected to
examine all corresponding instructions, forms, terms and specifications contained
in this document. Failure to comply with these documents will be at the Bidder’s
risk and may affect the evaluation of their proposal.
In preparing the technical and price components of the submissions, all references
to descriptive material and brochures should be included in the appropriate
response paragraph, although material documents themselves may be provided
as annexes to the proposal / response. Bidders are requested to focus on the
provision of relevant information and to limit the amount of marketing and
“boilerplate” material. The successful bidder’s proposal may be incorporated in
whole or in part in the final contract. Any information that the Bidder considers
propriety should be marked as such.
16. INFORMATION
Information that the bidder considers propriety, if any, should be clearly marked
“propriety” next to the relevant part of the text and it will be treated as such
accordingly.
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Proposals shall remain valid for ninety (90) days after the date of proposal
submission. A proposal valid for a shorter period may be rejected by the NHC on
the grounds that it is non-responsive.
The bidder shall submit the bid proposal on the eTender portal and ensure that the
financial proposal is submitted separately. All documentation must be signed in
ink.
19. INTERLINEATIONS
20. PAYMENTS
The successful bidder shall be paid upon submission of an invoice for each
transaction of satisfactory work detailed in the scope.
The NHC reserves the right to perform due diligence exercise for the purpose of
appointing a credible bidder.
The NHC reserves the right to cancel the bid at any time of the process should be
recommended bidders fail to meet the requirements of the bid.
The NHC reserves the right to conduct a site inspection to the premises of the
recommended bidder and/or the recommended bidder’s clients at any given time.
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Bidders must ensure that both / all bidders submit their tax compliant pin numbers,
standard bidding documents and Central Supplier Database report.
The successful bidder will be expected to sign the service level agreement within
ten (10) working days after receiving the appointment letter from the NHC.
The NHC will then send the letter of award to the preferred bidder with two (2)
copies of the completed version of the said contract specimen and the preferred
bidder will be firmly obliged to duly sign, initial and properly date both copies of the
same and return them to the NHC for its signature within ten (1) working days of
their receipt of the said documents, failing which the NHC will be entitled, in its sole
and total discretion and without further notice to such preferred bidder to write to
such preferred bidder, summarily withdrawing the tender award, due to such
contract signing process delay on the part of the given preferred bidder.
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THE NATIONAL HERITAGE COUNCIL INVITES BIDDERS FOR THE PROVISION OF:
1. PURPOSE
The National Heritage Council (NHC) Server is an old physical server that is currently
running out of disk space, the server needs to be converted from a physical machine
to a virtual machine for scalability (instant increase and decrease of server resources
based on the need).
The Upgrade is long overdue, due to limited space, due to storage space limitations,
it hasn’t been easy to upgrade the server, from windows server 2012 R2 to windows
server 2019 Enterprise.
The NHC would like to invite suitable, experienced, capable, efficient and work driven
Bidders to submit proposals towards the infrastructure upgrade project. NHC is on the
path to the server infrastructure upgrade, server virtualisation and server migration to
the credible data centre of their choice, within the 40KM radiuses of our current office.
Bidders must include a detailed comprehensive project plan that addresses the
development / design, approval of the developed server, testing of the system
during development, movement to the host, testing the live system and
implementation
Development of the redundancy plan to ensure long-term sustainability of the
server
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2. CURRENT INFRASTRUCTURE
2.2 Windows Server 2012 R2 (16 GB Memory, 2.80GHz CPU, 1TB Disc Drive)
2.3 Applications:
PRTG
SAGE
Acronis
2.4 Services:
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3. SCOPE OF WORK
The scope of work defines the work activities and deliverables to be provided by the
bidder as part of the project proposal.
4. FUNCTIONAL REQUIREMENTS
4.1. Migration
4.2.1. Provide licenses and license costing model for the new infrastructure.
4.2.2. Provide dedicated server hosting environment assigned to the NHC.
4.2.3. At least 8 virtual servers with 1TB storage capacity each
Minimum of 32 GB Ram per VM
Must be running at least Windows server 2019 and above
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4.3.1. Upgrade path of the server in terms of the latest technology and costing of
upgrades. Preferably free.
4.3.2. Extending / increasing capacity on the server in future
4.3.3. Service, upgrades and maintenance to be executed with no or limited interruption
of NHC functions.
4.3.4. Type of server host preferably, VMware (ESXi 8)
4.3.5. Provision of security features to ensure confidentiality, integrity and availability of
information
4.3.6. Added advantages that NHC will gain if we accept the server upgrade proposal.
4.3.7. The flexibility of the servers for changes pending the NHC office changes.
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4.3.8. provide future costs in terms of licenses and the different access linked to each
license. Sometimes the hidden cost lies in the type of license and what the license
allows you to access.
4.3.9. The tender should include all licenses for the period from implementation up to at
least 3 years.
4.3.10. Must be able to obtain reports from the system e.g. data lines downtime, errors,
user connectivity and availability, exception reports, access control, etc.
4.3.11. Compatibility with the NHC current systems, such as FortiGate, office365,
Network monitoring tool etc.
4.3.12. The backup must include electrical backup and UPS. Might consider Power
regulator to prevent damages to the system in power surges.
4.3.13. Remote Accessibility: Must be able to gain access to the servers from any time
with a secure internet connection.
4.3.14. The bidder is responsible to provide the NHC, with the bid proposal, the site
requirements that must be adhered too for the successful implementation of
the project from start to finish. NHC will not be responsible for any additional
charges or requirements in the event that the bidder omitted information from
the bid proposal.
4.3.15. Training must be provided by the bidder on the maintenance and operation of
the server where additional support is not required.
4.3.16. Maintenance and support must be provided for at least three (3) years after
successful implementation of the project. Bidders are required to include a
detailed maintenance and support plan and indicate the costing separately.
The NHC is intending to be migrating to the new building, it is therefore, required that the
Bidder propose work needed for laying out the network based on the following
requirements:
The following but not limited to the list is expected:
Network Design
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Network diagram
Network topology diagram
Subnetting
Network Cabling Installation
Cable Trunking
Swich installation
Switch Cabinet trunking
All equipment and material offered in terms of this bid, must be new. NHC reserves
the right to refuse old or outdated or substandard equipment and material.
Bidders must indicate the workmanship guarantee and warranty available.
6. COMPULSORY REQUIREMENTS
6.1. Bidders are required to include a project proposal that will address the project as
defined in this document, detailed information of the methodology and approach
proposed, with clearly defined objectives, achievable milestones and timeframes.
6.2. Bidder are required to include diagrams, process flows, presentation on the
system, brochures, video of the system offered and/or an overview of the system
that is proposed. From the information received the Bidder must ensure that NHC
will detailed information on the features and functions offered by the proposed
system.
6.3. Bidders must submit at least three written reference letters or completion
certificates for a similar system, of which at least one (1) project must exceed R
1,000,000.00, which included the design, testing, implementation, support and
maintenance with detailed information of the contact person, project description,
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period of contract, timeframe for project design and implementation, project value,
quality of services rendered, project manager and value added services, if any.
The projects as stipulated in the reference letters must be within the last five years.
6.4. Bidder must include the CV’s of key personnel which include the Project Team
leader and at least 70% of the team, must have at least 5 years’ project
management experience in the development of a web-based system.
6.5. Qualification of the project manager and team in web-design for similar system.
Proof of qualifications must be included with the CV of each key personnel involved
with this project.
6.6. Company profile with list of previous projects completed and information of the
clients. Bidders that failed to include at least three reference letters or completion
certificates as stated above, will be disqualified if the proposal only provide a list
of references.
6.7. Bidders must clearly demonstrate that they understand the requirements in terms
of this project and ensure that the objectives of the project are achieved as
indicated in the scope of work.
6.8. The bid proposal must include the company logo and contact details on the bid
proposal with the validity period of the bid proposal e.g. 90 days. All prices must
be VAT inclusive or indicated separately, if VAT registered.
6.9. All costs must be included and this is a fixed price contract. No changes to the
pricing will be considered after closure of the bid proposals.
6.10. The Bidder will be required to enter into a Service Level Agreement for the entire
project and must ensure provision is made for project discussions and meetings,
as well as project reports as required during the period of contract.
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6.11. All the data and information stored in these servers, remain an intellectual property
rights of the NHC and of the state.
6.12. Bidders are required to indicate whether the server offered in terms of this bid, is
available from multiple service providers or not. If not, proof must be supplied for
ownership.
6.13. Warrantees and guarantees must be provided for all equipment and material as
part of this bid.
6.14. All equipment and material offered in terms of this bid, must be new. NHC reserves
the right to refuse old or outdated or substandard equipment and material
6.15. Bidders must indicate the workmanship guarantee and warranty available.
COMPLY
TECHNICAL REQUIREMENTS Details to Offer
YES/NO
7.1. Ability for NHC to visit hosting data
centre during evaluation process to
ensure ability to host the systems.
7.2. Client reference for similar
project. Include the number of years in
business and number of years
developing / hosting servers as offered
in their proposal
7.3. Qualifications and number of years of
experience for technicians and
developers: MCSE, Microsoft Azure
Administrator, Security plus etc
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COMPLY
TECHNICAL REQUIREMENTS Details to Offer
YES/NO
7.4. Provide brochures or detailed
information on the server infrastructure
offered.
7.5. The company must demonstrate the
approach and methodology to be
followed.
7.6. Should the Bidder fail to meet the
deadlines stipulated by NHC, a written
correspondence should be provided
with reasons and suggest alternative
dates for consideration
7.7. The solution must ensure protection on
the entire infrastructure, including
systems and information. Bidders must
indicate clearly which solutions are
offered.
Bidders are required to submit the methodology and approach in the following desired
format:
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9. PROJECT MANAGEMENT
The service provider should submit, together with the proposal, a project, with the details
of project manager and the project manager is expected to be 70% on site for the duration
of the contract.
The project plan should have:
Bi-weekly project steering committee meetings will be held where the service provider will
be required to prepare and produce the following:
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POINTS
FUNCTIONALITY CRITERIA ITEMS
ALLOCATED
Company Experience 20
5 projects with at least
one (1) project exceeding 20
R 1,000,000.00.
4 projects with at least
Bidder must provide
one (1) project exceeding 8
completion certificate or
R 1,000,000.00
references letter confirming
3 projects with at least
that the bidder is able to
one (1) project between
provide a quality and 5
R 500,000.00 and R
professional service
1,000,000.00
specifically in Server room
2 projects with at least
infrastructure installation.
one (1) project between
4
R 250,000.00 and R
500,000.00
1 project of less than R
2
250,000.00
Company key personnel Qualification and Experience 40
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POINTS
FUNCTIONALITY CRITERIA ITEMS
ALLOCATED
Bidders will be scored on the
number of qualifications that Two (2) of the indicated
20
must include the following: qualifications
- PMP certification
- Microsoft Engineer: One (1) of the indicated
10
MCSE Server qualifications
Certificate
- CompTIA N+ or
CompTIA A+
Certification
None of the indicated
- SAN I NAS 0
qualifications
Administration
Certification
Project leader 30
7 years + 30
Project Leader Experience
4 – 6 years 25
(Experience in IT Infrastructure
3 – 4 years 20
Management)
2 – 3 years 10
Less than 2 years 0
Project Implementation plan 10
The project
Bidder must provide a project
implementation meets all 10
implementation plan which
the criteria as required
details how the service will be
The project
phased in. The project plan
implementation meets
must have deliverables and
three (3) of the 8
time frames.
requirements as
Time frames must be clearly
indicated
indicated, indicating delivery
The project
times.
implementation plan
meets two (2) of the 5
After hours and weekends
requirements as
maybe considered at Bidder
indicated
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POINTS
FUNCTIONALITY CRITERIA ITEMS
ALLOCATED
expense, preapproval will be The project plan meets
required. one (1) of the criteria as 2
indicated
Points will be allocated based
on the following details
included in the project plan:
Total 100
The bidder will have to score at least 70% or more in order to proceed to the
next stage of evaluation
The 80/20 principle will apply in terms of the Preferential Procurement Policy
Framework Act of 2000.
The 80 Points will be allocated to price and 20 Points will be allocated to the
preference points as stated below. In terms of the Amended Preferential
Procurement Regulations, 2022 will be allocated as follows:
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The bidder that scored the highest points in terms of price and preference points,
will be considered for appointment.
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Bidders are required to submit the bid proposal as per the following pricing guide: Any
other costing must be added as an addendum.
Disclaimer
It is the responsibility of the bidder to offer a workable solution to address the needs of
the NHC.
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SBD 3.1
HATFIELD, PRETORIA
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies.
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SBD 4
BIDDER’S DISCLOSURE
Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid.
In line with the principles of transparency, accountability, impartiality, and ethics as
enshrined in the Constitution of the Republic of South Africa and further expressed in
various pieces of legislation, it is required for the bidder to make this declaration in respect
of the details required hereunder.
Where a person/s are listed in the Register for Tender Defaulters and / or the List of
Restricted Suppliers, that person will automatically be disqualified from the bid process.
2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or any
person having a controlling interest1 in the enterprise, employed by the state? YES/NO
2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if applicable, state
employee numbers of sole proprietor/ directors / trustees / shareholders / members/
partners or any person having a controlling interest in the enterprise, in table below.
1 the power, by one person or a group of persons holding the majority of the
equity of an enterprise, alternatively, the person/s having the deciding vote
or power to influence or to direct the course and decisions of the
enterprise.
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2.2 Do you, or any person connected with the bidder, have a relationship with any person
who is employed by the procuring institution? YES/NO
2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or
any person having a controlling interest in the enterprise have any interest in any other
related enterprise whether or not they are bidding for this contract? YES/NO
3. DECLARATION
1.2 I understand that the accompanying bid will be disqualified if this disclosure is found not
to be true and complete in every respect;
1.3 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 consortium2 will not be construed
as collusive bidding.
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the bid and conditions or delivery particulars of the products or services to which this bid
invitation relates.
1.5 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.
1.7 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.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS
OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22 ON PREVENTING
AND COMBATING ABUSE IN THE SUPPLY CHAIN MANAGEMENT SYSTEM SHOULD
THIS DECLARATION PROVE TO BE FALSE.
……………………………… ..……………………………………………
Signature Date
……………………………… ………………………………………………
Position Name of bidder
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SBD 5
This document must be signed and submitted together with your bid
INTRODUCTION
1.1. The NIP obligation is benchmarked on the imported content of the contract. Any contract
having an imported content equal to or exceeding US$ 10 million or other currency
equivalent to US$ 10 million will have a NIP obligation. The threshold of US$ 10 million
can be reached as follows:
(a) Any single contract with imported content exceeding US$ 10 million.
or
(b) Multiple contracts for the same goods, works or services each with imported
content exceeding US$ 3 million awarded to one seller over a 2-year period which
in total exceeds US$ 10 million.
or
(c) A contract with a renewable option clause, where should the option be exercised
the total value of the imported content will exceed US$ 10 million.
or
(d) Multiple suppliers of the goods, works or services under the same contract, where
the value of the imported content of each allocation is equal to or exceeds US$ 3
million worth of goods, works or services to be the same government institution,
which in total over two (2) year period exceeds US$ 10 million.
1.2. The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1 (a) to 1.1 (c)
above will amount to 30% of the imported content whilst suppliers in respect of paragraph
1.1 (d) shall incur 30% of the total NIP obligation on a pro-rata basis.
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1.3. To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as
investments, joint ventures, sub-contracting, licensee production, export promotion,
sourcing arrangements and research and development (R&D) with partners or suppliers.
1.4. A period of seven years has been identified at the time frame within which to discharge
the obligation.
2.2 The purpose for reporting details of contracts in excess of the amount of R 10 million (ten
million Rands) is to cater for multiple contracts for the same goods, works or services;
renewable contracts and multiple suppliers for the same goods, works or services under
the same contract as provided for in paragraphs 1.1 (b) to 1.1 (d) above.
3.1. Bidders are required to sign and submit this Standard Bidding Document (SBD 5) together
with the bid on the closing date and time.
3.2. In order to accommodate multiple contracts for the same goods, works or services,
renewable contracts and multiple suppliers for the same goods, works or services under
the same contract as indicated in sub-paragraphs 1.1 (b) to 1.1 (d) above and to enable
the DTI in determining the NIP obligation, successful bidders (contractors) are required,
immediately after being officially notified about any successful bid with a value in exceed
of R 10 million (ten million Rands), to contact and furnish the DTI with the following
information:
3.3. The information required in paragraph 3.2 above must be sent to the Department of Trade
and Industry, Private Bag X 84, Pretoria, 0001 for the attention of Mr. Elias Malapane
within five (5) working days after award of the contract. Mr. Malapane may be contacted
on telephone (012) 394-1401, facsimile (012) 394-2401 or email at [email protected]
for further details about the programme.
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4.1. Once the successful bidder (contractor) has made contact with and furnished the DTI with
the information required, the following steps will be followed:
a. The contractor and the DTI will determine the NIP obligation;
b. The contractor and the DTI will sign the NIP obligation agreement;
c. The contractor will submit a performance guarantee to the DTI;
d. The contractor will submit a business concept for consideration and approval by
the DTI;
e. Upon approval of the business concept by the DTI, the contractor will submit
detailed business plans outlining the business concepts;
f. The contractor will implement the business plans; and
g. The contractor will submit bi-annual progress reports on approved plans to the DTI.
4.2. The NIP obligation agreement is between the DTI and the successful bidder (contractor)
and, therefore, does not involve the purchasing institution.
______________________________________________________
Date: ________________________
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SBD 6.1
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2022
This preference form must form part of all tenders invited. It contains general information and
serves as a claim form for preference points for specific goals.
NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF
THE TENDER AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
a) The applicable preference point system for this tender is the 80/20 preference point
system.
b) The 80/20 preference point system will be applicable in this tender. The lowest /
highest acceptable tender will be used to determine the accurate system once tenders
are received.
1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall
be awarded for:
(a) Price; and
(b) Specific Goals.
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1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this
tender to claim points for specific goals with the tender, will be interpreted to mean that
preference points for specific goals are not claimed.
1.6 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the organ of state.
2. DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in response
to an invitation to provide goods or services through price quotations, competitive
tendering process or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and includes
all applicable taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time
of bid invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form determined
by an organ of state in response to an invitation for the origination of income-generating
contracts through any method envisaged in legislation that will result in a legal agreement
between the organ of state and a third party that produces revenue for the organ of state,
and includes, but is not limited to, leasing and disposal of assets and concession
contracts, excluding direct sales and disposal of assets through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of
2000).
80/20 or 90/10
𝑷𝒕 𝑷 𝒎𝒊𝒏 𝑷𝒕 𝑷 𝒎𝒊𝒏
𝑷𝒔 = 𝟖𝟎 𝟏 − or 𝑷𝒔 = 𝟗𝟎 𝟏 −
𝑷 𝒎𝒊𝒏 𝑷 𝒎𝒊𝒏
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
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80/20 or 90/10
𝑷𝒕 𝑷 𝒎𝒂𝒙 𝑷𝒕 𝑷 𝒎𝒂𝒙
𝑷𝒔 = 𝟖𝟎 𝟏 + or 𝑷𝒔 = 𝟗𝟎 𝟏 +
𝑷 𝒎𝒂𝒙 𝑷𝒎𝒂𝒙
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender
4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the tender.
For the purposes of this tender the tenderer will be allocated points based on the goals
stated in table 1 below as may be supported by proof/ documentation stated in the
conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which
states that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an
organ of state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20 or
90/10 preference point system will apply and that the highest acceptable tender
will be used to determine the applicable preference point system; or
(b) any other invitation for tender, that either the 80/20 or 90/10 preference point
system will apply and that the lowest acceptable tender will be used to determine
the applicable preference point system,
then the organ of state must indicate the points allocated for specific goals for both the
90/10 and 80/20 preference point system.
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Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is
applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each preference
point system.)
Points
B-BBEE Level of Contribution
allocated
B-BBEE level of contribution 1 10
B-BBEE level of contribution 2 8
B-BBEE level of contribution 3 6
B-BBEE level of contribution 4 5
B-BBEE level of contribution 5 4
B-BBEE level of contribution 6 3
B-BBEE level of contribution 7 2 10
B-BBEE level of contribution 8 1
B-BBEE level of contribution 9 0
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Close corporation
Public Company
(Pty) Limited
Non-Profit Company
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify
that the points claimed, based on the specific goals as advised in the tender, qualifies
the company/ firm for the preference(s) shown and I acknowledge that:
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……………………………………….
SIGNATURE(S) OF TENDERER(S)
DATE: ………………………………………………………
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SBD 7.1
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART
1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL
SO THAT THE SUCCESSFUL BIDDER AND THE PURCHASER WOULD BE IN POSSESSION
OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.
1. I hereby undertake to supply all or any of the goods and/or works described in the
attached bidding documents to (name of institution) NATIONAL HERITAGE
COUNCIL in accordance with the requirements and specifications stipulated in bid
number NHC/06/11/2023 at the price/s quoted. My offer/s remain binding upon
me and open for acceptance by the purchaser during the validity period indicated
and calculated from the closing time of bid.
2. The following documents shall be deemed to form and be read and construed as
part of this agreement:
3. I confirm that I have satisfied myself as to the correctness and validity of my bid;
that the price(s) and rate(s) quoted cover all the goods and/or works specified in
the bidding documents; that the price(s) and rate(s) cover all my obligations and I
accept that any mistakes regarding price(s) and rate(s) and calculations will be at
my own risk.
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4. I accept full responsibility for the proper execution and fulfilment of all obligations
and conditions devolving on me under this agreement as the principal liable for the
due fulfilment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or
any other person regarding this or any other bid.
CAPACITY ………………………………………….
1 …….……………
SIGNATURE ………………………………………….
DATE …………………………………………..
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__________________________________________________________________
GOVERNMENT PROCUREMENT:
July 2010
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GOVERNMENT PROCUREMENT
NOTES
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TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices
45
General Conditions of Contract
1.1. “Closing time” means the date and hour specified in the
bidding documents for the receipt of bids.
1.6. “Country of origin” means the place where the goods were
mined, grown or produced or from which the services are
supplied. Goods are produced when, through
manufacturing, processing or substantial and major
assembly of components, a commercially recognized new
product results that is substantially different in basic
characteristics or in purpose or utility from its
components.
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5.4. The supplier 5.4 The Supplier shall permit the purchaser
to inspect the supplier’s records relating to the
performance of the supplier and to have them audited by
auditors appointed by the purchaser, if so required by the
purchaser.
6. Patent rights 6.1. The supplier shall indemnify the purchaser against all
third-party claims of infringement of patent, trademark, or
industrial design rights arising from use of the goods or
any part thereof by the purchaser.
7. Performance 7.1. Within thirty (30) days of receipt of the notification of
security contract award, the successful bidder shall furnish to the
purchaser the performance security of the amount
specified in SCC.
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8.8. The provisions of clauses 8.4 to 8.7 shall not prejudice the
right of the purchaser to cancel the contract on account of
a breach of the conditions thereof, or to act in terms of
Clause 23 of GCC.
9. Packing 9.1. The supplier shall provide such packing of the goods as
is required to prevent their damage or deterioration during
transit to their final destination, as indicated in the
contract. The packing shall be sufficient to withstand,
without limitation, rough handling during transit and
exposure to extreme temperatures, salt and precipitation
during transit, and open storage. Packing, case size and
weights shall take into consideration, where appropriate,
the remoteness of the goods’ final destination and the
absence of heavy handling facilities at all points in transit.
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15.2 This warranty shall remain valid for twelve (12) months
after the goods, or any portion thereof as the case may
be, have been delivered to and accepted at the final
destination indicated in the contract, or for eighteen (18)
months after the date of shipment from the port or place of
loading in the source country, whichever period concludes
earlier, unless specified otherwise in SCC.
15.4 Upon receipt of such notice, the supplier shall, within the
period specified in SCC and with all reasonable speed,
repair or replace the defective goods or parts thereof,
without costs to the purchaser.
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21.6. Upon any delay beyond the delivery period in the case
of a supplies contract, the purchaser shall, without
cancelling the contract, be entitled to purchase supplies of
a similar quality and up to the same quantity in substitution
of the goods not supplied in conformity with the contract
and to return any goods delivered later at the supplier’s
expense and risk, or to cancel the contract and buy such
goods as may be required to complete the contract and
without prejudice to his other rights, be entitled to claim
damages from the supplier.
22. Penalties 22.1. Subject to GCC Clause 25, if the supplier fails to deliver
any or all of the goods or to perform the services within
the period(s) specified in the contract, the purchaser
shall, without prejudice to its other remedies under the
contract, deduct from the contract price, as a penalty, a
sum calculated on the delivered price of the delayed
goods or unperformed services using the current prime
interest rate calculated for each day of the delay until
actual delivery or performance. The purchaser may also
consider termination of the contract pursuant to GCC
Clause 23.
23. Termination 23.1. The purchaser, without prejudice to any other remedy for
for default breach of contract, by written notice of default sent to the
supplier, may terminate this contract in whole or in part:
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27.2.If, after thirty (30) days, the parties have failed to resolve
their dispute or difference by such mutual consultation,
then either the purchaser or the supplier may give notice
to the other party of his intention to commence with
mediation. No mediation in respect of this matter may be
commenced unless such notice is given to the other party.
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(NIP)
Programme
34. Prohibition of
Restrictive 34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No.
practices 89 of 1998, as amended, an agreement between, or
concerted practice by, firms, or a decision by an
association of firms, is prohibited if it is between parties in
a horizontal relationship and if a bidder (s) is / are or a
contractor(s) was / were involved in collusive bidding (or
bid rigging.
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