Sap Maintenance Support - PDF
Sap Maintenance Support - PDF
(“the SABC”)
EXPECTED TIMEFRAME
BID PROCESS
Bid Advertisement Date 11 February 2021
National Treasury’s tender portal
(http://www.etenders.gov.za)
Bid Documents Available From
SABC Website
(http://www.sabc.co.za/sabc/tenders/)
Non-Compulsory Briefing Session Date &
Time
See Annexure D (Guideline for Briefing 16 February 2021 @ 09:30 AM – 11:00 AM
Session)
Venue / Link for virtual Briefing Session Click here to join the meeting
Learn More | Meeting options
The SABC retains the right to change the timeframe whenever necessary and for whatever
reason it deems fit.
During the COVID-19 pandemic, bidders may submit bids in the tender box or
electronically until further notice. Refer to Document A for Conditions to be observed
when bidding.
Late Bid submissions will not be accepted for consideration by the SABC.
1. PREQUALIFICATION CRITERIA
n/a
2. MANDATORY DOCUMENTS
3. REQUIRED DOCUMENTS
Note 1:
Verification Agencies and Auditors who are accredited by the IRBA
(Independent Regulatory Board for Auditors) are no longer the ‘approved
regulatory bodies’ for B-BBEE verification and therefore IRBA auditors are not
allowed to issue B-BBEE certificates after 30 September 2016.
Note 2:
Any misrepresentation in terms of the above constitutes a criminal
offence as set out in the B-BBEE act as amended.
CONTENTS
DOCUMENT C: QUESTIONNAIRE
DOCUMENT F: CONFIDENTIALITY
DOCUMENT A
1.1 Bidders are required to complete and sign the RFP Document and initial all
pages (including proposal and brochures).
1.2 During the COVID-19 pandemic, bidders may submit bids in the tender box
or electronically until further notice as follows:
Bids must be submitted in one (1) original, two (2) copies of the original
and 1 (one) soft copy (CD) or memory stick, by hand and be enclosed in
a sealed envelope marked distinctly with the RFP number. All soft copies
should be in PDF format and must contain proposal, all completed forms,
and attachments. This envelope must indicate the Bid number and the
name and delivery address of the Bidder.
1.2.2.Electronic submission:
Tender submission emails received after submission date and time will
be declared late bid submissions and will not be accepted for
consideration by SABC.
1.4 The SABC will not be responsible for any failure or delay in the email
transmission or receipt of the email including but not limited to:
1.5 Bidders must ensure that bids are delivered timeously to the correct address.
Bids not received in a specified manner, and by the specified time and date
as set out in this RFP document will be rejected. The bid box is generally
open 24 hours a day, 7 days a week.
3.1 All bidders are required to submit bids in accordance with stipulated technical
specification as indicated on this bid document. Failure to comply with the
required technical specification will result in disqualification.
5.1 No change in the submitted bid prices shall be accepted and/or approved by
the SABC after receipt and before award of this bid.
5.2 All prices are to be quoted in the Republic of South African Rand with VAT as
a separate item.
5.3 All local suppliers quoting in foreign currency must convert the currency to
Rands and indicate the exchange rate applicable. The local suppliers must
provide reasons with evidence why they are quoting in foreign currency
5.4 The prices quoted should be inclusive of all costs needed to perform the
specified services, not limited to, all kinds of local guarantee bonds, taxes
and duties, customs, customs clearance, inland transportation, storage,
unpacking, positioning, installation, integration and testing. The prices quoted
should be inclusive of all costs for the duration of the project.
5.6 Prices must be fixed for the first year and shall, where applicable, be subject
to an increase of not more than the applicable CPI.
5.8 Bid prices shall, where necessary, include packaging. If desired, packaging
material may be returned to the bidder provided the amount of credit that will
be allowed for the returnable packaging is shown against each item
concerned.
7.1 The SABC does not bind itself to accept the lowest or any bid/proposal, nor
shall it be responsible for or pay any expenses or losses which may be
incurred by the Bidders in the preparation and delivery of its/his/her
bid/proposal. The SABC reserves the right to accept a separate bid/proposal
or separate bids/proposals for any one or more of the sections of a
specification. The SABC also reserves the right to withdraw the bid at any
stage.
7.2 No bid shall be deemed to have been accepted unless and until a formal
contract/ letter of award is prepared and signed.
7.3 The SABC reserves the right, should it deem it necessary, to monitor every
stage of the contract to ensure:
that the directors who were awarded the bid are in control of the
company and/or that changes in directors does not affect delivery of the
goods/services/work adversely;
that, if there are changes in the control of the company, these should be
brought to the attention of the SABC;
that in the event that the bid or any part thereof is to be subcontracted
to another company or organisation after the bid was awarded, the
Bidders must immediately advise the SABC and the SABC shall
approve same as it deems fit;
7.4 This bid will remain valid 180 (one hundred and eighty) days from the date of
bid closing.
8.1 If Bidders purport to withdraw their bid(s)/proposals within the period for
which they have agreed that their bid/proposal shall remain open for
acceptance, or fails to enter into a written contract when called upon to do so,
or fails to accept an order in terms of the bid, the SABC may, without
prejudice to any other legal remedy which it may have, accept their
bid(s)notwithstanding the purported withdrawal, or proceed to accept any
other less favourable bid or call for bids afresh and may recover from the
defaulting Bidders any additional expense it has incurred for the calling for
new bids or the acceptance of any less favourable bid.
9.1 The SABC may, after the opening of bids, call on the Bidder to amplify in
writing any matter which is not clear in the Bidder's submission and such
amplification shall form part of the original bid.
9.2 In the event of the Bidders failing to supply such information within the
specified timeframe, the bid will be liable to rejection.
not evaluate and award bids that do not comply strictly with this bid
document;
contact any Bidder during the evaluation process, in order to clarify any
information, without informing any other Bidders. During the evaluation
process, no change in the content of the bid shall be sought, offered or
permitted;
Should Bidder(s) be selected for further negotiations, they will be chosen based on
the greatest benefit to the SABC and not necessarily on the basis of the lowest
costs.
11.1 The Bidder shall bear all costs and expenses associated with preparation
and submission of its bid/proposal, and the SABC shall under no
circumstances be responsible or liable for any such costs, regardless of,
without limitation, the conduct or outcome of the bidding, evaluation, and
selection process.
12.0 COMMUNICATION
12.1 The SABC has provided a single point of entry for any questions or queries
that the Bidder may have. All queries must be submitted in writing and
directed to authorised contact person. Unauthorised communication with
any other personnel or member of staff of the SABC, with regard to this
bid is strongly discouraged and will result in disqualification of the
respective Bidder’s bid/proposal submission.
12.2 Should there be a difference of interpretation between the Bidder and SABC;
SABC reserves the right to make a final ruling on such interpretation.
12.3 The closing time for clarification of queries is 3 (three) days before the
deadline for bid/proposal submission.The Bidders should take note that
questions together with responses will be sent to all Bidders who attended
compulsory Briefing Session.
14.2 Bidders other than EMEs must submit their original and valid B-BBEE
status level verification certificate or a certified copy thereof, substantiating
their B-BBEE rating issued by a Verification Agency accredited by SANAS.
14.3 Only South African Accreditation Systems ( SANAS) is the authorised body
to issue B-BBEE certificates
14.4 IRBA and Accounting Officers are not allowed to issue B-BBEE affidavit or
certificates to EMEs and QSEs as it was under 2007 Codes
14.5 EME’s and QSE’s must submit an affidavit confirming that the entity’s
turnover is below R10 million and percentage of black ownership to claim
BBBEE points
14.7 Start-up enterprises are verified similar to EMEs, but can opt to be rated
using the QSE and Generic Scorecard
14.8 QSE with at least 51% black ownership or above are only required to obtain
a sworn affidavit on an annual basis with a confirmation of turnover and
black ownership
14.9 A trust, consortium or joint venture, will qualify for points for their B-BBEE
status level as a legal entity, provided that B-BBEE status level certificate
under the consortium name is submitted.
14.10 A trust, consortium or joint venture will qualify for points for their B-BBEE
status level as an unincorporated entity, provided that the entity submits
their consolidated B-BBEE scorecard as if they were a group structure and
that such a consolidated B-BBEE scorecard is prepared for every separate
bid.
14.11 Tertiary institutions and public entities will be required to submit their B-
BBEE status level certificates in terms of the specialized scorecard
14.12 A bidder will not be awarded points for B-BBEE status level if it is indicated
in the bid documents that such a bidder intends sub-contracting more than
25% of the value of the contract to any other enterprise that does not qualify
for at least the points that such a bidder qualifies for, unless the intended
sub-contractor is an EME that has the capability and ability to execute the
sub-contract.
14.13 A bidder awarded a contract may not sub-contract more than 25% of the
value of the contract to any other enterprise that does not have an equal or
higher B-BBEE status level than the person concerned, unless the contract
is sub-contracted to an EME that has the capability and ability to execute
the sub-contract.
It is important to note that any proposal that does not conform fully to the
instructions and requirements in this RFP may be disqualified.
Bids, which do not meet the technical requirements, will not be considered for
further evaluation.
END OF DOCUMENT
DOCUMENT B
1.1 The bid forms should not be retyped or redrafted but photocopies may be
prepared and used.
1.2 Bid forms must be signed in the original form; in ink and forms with
photocopied signatures or other such reproduction of signature will be
rejected.
1.3 Should bid forms not be filled in by means of mechanical devices, for
example typewriters, ink, preferably black, must be used to fill in bid.
1.4 Bidders shall check the numbers of the pages and satisfy themselves that
none are missing or duplicated. No liability shall be accepted in regard to
claims arising from the fact that pages are missing or duplicated.
Incomplete bids will result in disqualification.
2.1 Unless a departure is clearly stated by the Bidder at the time of bidding,
the works shall be taken as complying in detail with the Technical
Specifications, and the Bidder shall be held liable on all the terms and
conditions of the contract as if this bid contained no departures. Technical
specifications contained in any brochures or any other descriptions
submitted shall apply for acceptance test purposes.
3.0 WARRANTY
3.1 If there are any defects arising from failure of goods to meet the
specifications within the period specified in the contract, the Bidder shall
replace the defective items at his expense or shall refund the SABC such
costs as the SABC may incur in replacing such defective item. The Bidder
shall also bear the cost of transporting replaced/repaired items to the
place of destination.
4.0 INSPECTION
4.1 The Bidder shall permit and assist the SABC's representatives in carrying
out any inspections that are called for in the proposal or specifications.
5.0 PACKAGING
5.1 Goods purchased on this bid must be adequately protected and securely
packaged during shipment and until delivery at the destination.
5.2 Goods must be clearly marked with the Bidder’s name, description of
contents and the SABC's order number and delivery address.
6.0 RISK
6.1 The Bidder will be responsible for losses that SABC incurred due to
Bidder’s negligence or intention and Bidder must provide Liability
Insurance. This will be a condition of contract.
7.0 DELIVERY
7.1 Delivery will be to the Stores of the SABC Auckland Park, Johannesburg,
Republic of South Africa. The contractual delivery date must be strictly
complied with and each delivery must be preceded or accompanied by
delivery note. If delivery does not take place within the period stipulated,
the SABC may cancel the contract concluded with the bidder without
further notice to the Bidder and with immediate effect without prejudice to
any other course of action available to the SABC to recover any damages
out of such delay. Receipt of the goods by the SABC will not be regarded
as acceptance thereof until the goods have been acceptance tested in
compliance with the Technical Specifications.
8.0 PAYMENT
8.1 Payment, in currency other than South African Rand, will be made by
means of a telegraphic or wired bank transfer.
8.2 The SABC’s standard payment terms are 30 days from date of Invoice.
9.1 The Bidder shall not have the right to cede any right or delegate any
obligation in terms of this contract to any third party unless with the prior
written approval of the SABC.
11.1. SABC will not procure any goods, services, works or content from any employee
or employee owned business, to ensure that suppliers competing for the SABC’s
business have confidence in the integrity of SABC’s selection process.
11.2. SABC will not procure any goods, services, works or content from any SABC
Independent Contractor or Independent Contractor-owned business, to ensure
that suppliers competing for the SABC’s business have confidence in the integrity
of SABC’s selection process.
11.5. “The SABC has a zero tolerance to theft, fraud and corruption. Such activities will
be investigated and stringent action institutes such as laying of criminal charges
or even removal from the SABC database of service providers. Should you
suspect or become aware of any suspicious acts of fraud, theft or corruption
involving SABC employees or other suppliers rendering services to the SABC,
contact the SABC whistle blowers hotline at “0800 372 831”
12.1 These conditions form part of the bid and failure to comply therewith may
invalidate a bid.
15.0 DISCLAIMERS
15.1 Bidders are hereby advised that the SABC is not committed to any course
of action as a result of its issuance of this BID and/or its receipt of a bid in
response to it. In particular, please note that the SABC may:
15.2 change all services on bid and to have Supplier re-bid on any changes.
15.3 reject any bid which does not conform to instructions and specifications
issued herein
15.4 disqualify bids after the stated submission deadline
15.5 not necessarily accept the lowest priced bid
15.6 reject all bids, if it so deem fit
15.7 award a contract in connection with this bid at any time
15.8 award only a portion as a contract
15.9 split the award of the contract to more than one Supplier
15.10 make no award of a contract.
Kindly note that SABC will not reimburse any Bidder for any preparation costs or
other work performed in connection with this bid, whether or not the Bidder is
awarded a contract.
END OF DOCUMENT B
DOCUMENT C
If the information required in respect of each item cannot be inserted in the space
provided, additional information may be provided on a separate sheet of paper with a
suitable reference to the questionnaire number concerned.
*
ALSO INDICATE WHICHEVER IS NOT APPLICABLE
END OF DOCUMENT C
DOCUMENT D
SBD-4
DECLARATION OF INTEREST
1.0 Any legal person, including persons employed by the state, or persons having a
kinship with persons employed by the state, including a blood relationship, may
make an offer or offers in terms of this invitation to bid (includes a price
quotation, advertised competitive bid, limited bid or proposal). In view of possible
allegations of favouritism, should the resulting bid, or part thereof, be awarded to
persons employed by the state, or to persons connected with or related to them,
it is required that the bidder or his/her authorised representative declare his/her
position in relation to the evaluating/adjudicating authority where-
- the legal person on whose behalf the bidding document is signed, has a
relationship with persons/a person who are/is involved in the evaluation
and or adjudication of the bid(s), or where it is known that such a
relationship exists between the person or persons for or on whose behalf
the declarant acts and persons who are involved with the evaluation and
or adjudication of the bid.
2.0 In order to give effect to the above, the following questionnaire must be
completed and submitted with the bid.
………………………………………………………….…………………………………
………………………………………………………….…………………………………
2.6.1. The names of all directors / trustees / shareholders / members, their individual
identity numbers, tax reference numbers and, if applicable, employee / personnel
numbers must be indicated in paragraph 3 below.
¹“State” means –
a. any national or provincial department, national or provincial public entity or
constitutional institution within the meaning of the Public Finance Management
Act, 1999 (Act No. 1 of 1999)
b. any municipality or municipal entity;
c. provincial legislature;
d. national Assembly or the national Council of provinces; or
e. Parliament.
²”Shareholder” means a person who owns shares in the company and is actively
involved in the management of the enterprise or business and exercises control over
the enterprise.
2.7 Are you or any person connected with the bidder YES / NO
presently employed by the state?
……………………………………………………………………....…………….………
Name of state institution at which you or the person connected to the bidder is
employed
……………………………………………………………………....…………….………
………………………..……………………………………………………………………
………………………..……………………………………………………………………
………………………..……………………………………………………………………
2.7.2 If you are presently employed by the state, did you obtain YES/NO
the appropriate authority to undertake remunerative
work outside employment in the state?
2.7.2.1 If yes, did you attached proof of such authority to the bid YES / NO
(Note: Failure to submit proof of such authority, where applicable, may result in
the disqualification of the bid).
………………………..…………………………………………………………………
………………………..…………………………………………………………………
………………………..…………………………………………………………………
2.8 Did you or your spouse, or any of the company’s directors / YES /NO
trustees / shareholders / members or their spouses conduct
business with the state in the previous twelve months?
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
2.9 Do you, or any person connected with the bidder, have YES / NO
any relationship (family, friend, other) with a person
employed by the state and who may be involved with
the evaluation and or adjudication of this bid?
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
2.10 Are you, or any person connected with the bidder, YES/NO
aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state
who may be involved with the evaluation and or adjudication
of this bid?
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
…….……………………..…………………………………………………………………
State Employee
Identity Personal Tax Number / Pers.
Full Name Number Reference Number Number
4.0 DECLARATION
…….……………………..…………………………………………………………………
……………………………… ………………………………
Signature Date
…………………………………. ………………………………
Position Name of bidder
END OF DOCUMENT D
DOCUMENT E
TECHNICAL SPECIFICATION
The SABC as South Africa’s Public Broadcaster is mandated by Parliament and this
entails offering:
A range of informative, educational and entertaining programmes that showcase
South African attitudes, opinions, ideas, values talent and artistic creativity;
Programming with a plurality of views and a variety of news, information and
analyses from a South African perspective; and
Programming that advances the national and public interest;
The SABC strive to maintain a leading role in the broadcasting industry and as such
keep abreast with constantly changing technologies. The corporation implemented
the core SAP ERP solution during 2007 and subsequently activated additional
functions and SAP modules.
The SABC would like to contract a service provider for SAP Enterprise Maintenance
and Support for its existing SAP licences for the period 1 May 2021 to 31 December
2022.
IMPORTANT
1. Please note the period for which maintenance and support is required. The
SABC obtained approval to extend the 2020 SAP maintenance and support
contract by four months in order to finalise this RFP process. Please contact
SAP SA to get the correct pricing for the required contract term (1 May 2021 to
31 December 2022) .
2. This RFP is for SAP maintenance and support services for the SABC’s existing
SAP licences. It is NOT for functional support on any SAP module.
2 SCOPE OF WORK
2.1 The SABC requires SAP Enterprises Maintenance and Support from 1 May 2021
to 31 December 2022 for the following licensed SAP software:
2.2 The nature, scope, extent and the terms applicable to the provision of the SAP
Maintenance and Support are set out in the SAP Enterprise Support Schedule:
Please refer to Annexure B
3.2.1 All hardware, software and licenses, installation, integration, training and
support etc. must be specified, broken down into individual elements on a
Bill of Materials (BOM) and the pricing of each, specified on hard copy
(paper copy) and in soft copy (Excel format).
3.2.2 Bidders must provide a detailed cost breakdown by pricing all items for the
delivery of a total solution as per the specification. All deviations should
be stipulated as options with the indicative unit prices.
3.2.3 Supplier must provide the product specifications of the hardware and
software of the items priced.
3.2.4 Bidders must submit unit and total pricing in SA Rands (Excluding VAT),
and where applicable, use the Foreign currency rate below to calculate the
Rand value. Use Annexure B to indicate the total amount subject to
exchange rate variation.
4 EVALUATION CRITERIA
4.1 Bidders should note that only bidders who met the Mandatory Criteria of the bid shall be evaluated further for Functionality
(where indicated), Price and B-BBEE.
4.2 Responses will be evaluated using a predetermined set of evaluation criteria. The evaluation criteria is designed to reflect the
SABC’s requirements in terms of identifying a suitable service provider and ensure the selection process is transparent and
afford all the bidders a fair opportunity for evaluation and selection.
4.3 During the evaluation process, the SABC may require a bidder’s representative to answer questions with regard to the proposal
and/or require certain bidders to make a formal presentation to the evaluation team.
5 Functionality Evaluation
The evaluation is based on functionality, which will be evaluated using the following criteria and points:
5.1 Phase 1- The tender submission will be technically evaluated out of a maximum of 100 and a minimum of 60. Should the
bidder/s not meet the required minimum points, they will be disqualified and will not proceed for evaluation in BBBEE and Price
5.2 All bidders achieving less than the set threshold will not be evaluated further and will be deemed Non-Responsive
PHASE 1
Compliance response and
Bidders to indicate page reference
compliance
Max Min
Evaluation Area Evaluation Criteria Points Points A “Partially Comply” statement,
non-response, or response
Do not without detail will be seen as
Comply “Non-Compliant”. Share proof of
Comply
compliance i.e. page number or
document number of proposal
References from less than two companies with more than 1000
SAP licences where SAP maintenance and support were
provided in the last five years (0)
TOTAL 100 60
The bid responses will be evaluated on the 80/20 point system. Bidders are to
provide detailed breakdown of all direct and indirect costs associated with the
contract, including licence fees if any.
The financial stability evaluation is used to assess the financial risk of the
shortlisted bidders.
FINANCIAL STABILITY
Respondents are required to submit their audited financial statements for
the past 3 years with their Proposal/Bid in order to enable the SABC to
establish financial stability as follows:-
Area Assessment Criteria
Financial Due Bidders financial due diligence will be assessed based on
Diligence submitted audited financial statements using financial
ratios, where applicable.
5.6.1 The SABC reserve the right not to consider proposals from bidders who
are currently in litigation with the SABC.
5.6.2 The SABC further reserve the right not to award this tender to any
bidder based on the proven poor record of accomplishment of the
bidder in previous projects within the SABC.
5.6.3 Bidders who are blacklisted or have committed other acts of fraud and
misrepresentation of facts e.g. tax compliance, BBBEE, company
financials, etc. will be eliminated from the bid process.
END OF DOCUMENT E
Annexures to Document E:
DOCUMENT F
CONFIDENTIALITY
All information related to this bid both during and after completion is to be treated with
strict confidence. Should the need however arise to divulge any information gleaned
from the service which is either directly or indirectly related to the SABC, written
approval to divulge such information will have to be obtained from SABC.
The bidders must ensure that confidential information is: maintained confidential; not
disclosed to or used by any unauthorised person; so as to prevent any disclosure or
unauthorised use with at least the standard of care that bidders maintain to protect their
own confidential information; only used for the purpose of considering and responding
to this RFP; and not reproduced in any form except as required for the purpose of
considering and responding to this bid. Bidders must ensure that: access to confidential
information is only given to those of its partners, officers, employees and advisers who
require access for the purpose of considering and responding to this RFP; and those
partners, officers, employee and advisers are informed of the confidential information
section and keep that information confidential. This bid remains at all times the property
of the SABC. No rights other than as provided in this bid and in respect of the
confidential information are granted or conveyed to bidder/s
NAME OF BIDDER:__________________________________________________________
______________________________________________________________________________
Telephone : ______________________________
Mobile : _________________________________
Fax.: ____________________________________
END OF DOCUMENT F
DOCUMENT G
SBD 6.1
This preference form must form part of all bids invited. It contains general information
and serves as a claim form for preference points for Broad-Based Black Economic
Empowerment (B-BBEE) Status Level of Contribution
1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value above R30 000 (all
applicable taxes included).
1.2 The value of this bid is estimated to exceed R30 000 (all applicable taxes
included) and therefore the………80/20……………system shall be applicable.
1.3.1 The maximum points for this bid are allocated as follows:
POINTS
1.3.1.1 PRICE 80
Total points for Price and B-BBEE must not exceed 100
1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-
BBEE Verification Certificate from a Verification Agency accredited by the
South African Accreditation System (SANAS) together with the bid, will be
1.5 The SABC reserves the right to require of a bidder, either before a bid is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the SABC.
2.0 DEFINITIONS
2.1 “all applicable taxes” includes value-added tax, pay as you earn, income tax,
unemployment insurance fund contributions and skills development levies;
2.3 “B-BBEE status level of contributor” means the B-BBEE status received by
a measured entity based on its overall performance using the relevant
scorecard contained in the Codes of Good Practice on Black Economic
Empowerment, issued in terms of section 9(1) of the Broad-Based Black
Economic Empowerment Act;
2.6 “comparative price” means the price after the factors of a non-firm price and
all unconditional discounts that can be utilized have been taken into
consideration;
2.8 “contract” means the agreement that results from the acceptance of a bid by
an organ of state;
2.9 “EME” means any enterprise with an annual total revenue of R10 million or
less as per the Amended Codes of Good Practice (COGP).
2.10 “Firm price” means the price that is only subject to adjustments in accordance
with the actual increase or decrease resulting from the change, imposition, or
abolition of customs or excise duty and any other duty, levy, or tax, which, in
terms of the law or regulation, is binding on the contractor and demonstrably
has an influence on the price of any supplies, or the rendering costs of any
service, for the execution of the contract;
2.12 “non-firm prices” means all prices other than “firm” prices;
2.14 “rand value” means the total estimated value of a contract in South African
currency, calculated at the time of bid invitations, and includes all applicable
taxes and excise duties;
2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out
work to, or employing, another person to support such primary contractor in
the execution of part of a project in terms of the contract;
2.16 “total revenue” bears the same meaning assigned to this expression in the
Codes of Good Practice on Black Economic Empowerment, issued in terms of
section 9(1) of the Broad-Based Black Economic Empowerment Act;
2.17 “trust” means the arrangement through which the property of one person is
made over or bequeathed to a trustee to administer such property for the
benefit of another person; and
2.18 “trustee” means any person, including the founder of a trust, to whom property
is bequeathed in order for such property to be administered for the benefit of
another person.
3.1 The bidder obtaining the highest number of total points will be awarded the
contract.
3.2 Preference points shall be calculated after prices have been brought to a
comparative basis taking into account all factors of non-firm prices and all
unconditional discounts;.
3.3 Points scored must be rounded off to the nearest 2 decimal places.
3.4 In the event that two or more bids have scored equal total points, the
successful bid must be the one scoring the highest number of preference points
for B-BBEE.
3.5 However, when functionality is part of the evaluation process and two or more
bids have scored equal points including equal preference points for B-BBEE,
the successful bid must be the one scoring the highest score for functionality.
3.6 Should two or more bids be equal in all respects, the award shall be decided by
the drawing of lots.
80/20 or 90/10
Pt P min Pt P min
Ps 801 or Ps 901
P min P min
Where
1 10 20
2 9 18
3 6 14
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant contributor 0 0
6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution
must complete the following:
8.0 SUB-CONTRACTING
8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is
not applicable)
.....................................................................................................................…………..
.....................................................................................................................................
.....................................................................................................................................
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the
company/firm, certify that the points claimed, based on the B-BBE status level
of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the
company/ firm for the preference(s) shown and I / we acknowledge that:
(c) cancel the contract and claim any damages which it has
suffered as a result of having to make less favourable
arrangements due to such cancellation;
after the audi alteram partem (hear the other side) rule
has been applied; and
WITNESSES:
1. ………………………………………
………………………………………
SIGNATURE(S) OF
BIDDER(S)
2. ………………………………………
DATE: ……………………………………….
ADDRESS:
…………………………………….………..……………………………………….…………….
…………………………………….………..…………………………………….………..………
…………………….………..…………………………………….………..………………………
…….………..…………………………………….………..……………………………………..
END OF DOCUMENT G
DOCUMENT H
SBD 8
1.0 This Standard Bidding Document must form part of all bids invited.
3.0 The bid of any bidder may be disregarded if that bidder, or any of its directors
have-
4.0 In order to give effect to the above, the following questionnaire must be
completed and submitted with the bid.
4.2 Is the bidder or any of its directors listed on the Register for Yes No
Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No 12 of 2004)?
Register for Tender Defaulters can be accessed on the
National Treasury’s website (www.treasury.gov.za) by
clicking on its link at the bottom of the home page.
4.3 Was the bidder or any of its directors convicted by a court of law Yes No
(including a court outside of the Republic of South Africa) for
fraud or corruption during the past five years?
4.4 Was any contract between the bidder and any organ of state Yes No
terminated during the past five years on account of failure to
perform on or comply with the contract?
CERTIFICATION
………………………………………... …………………………..
Signature Date
………………………………………. …………………………..
Position Name of Bidder
END OF DOCUMENT H
DOCUMENT I
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1.0 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2.0 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended,
prohibits an agreement between, or concerted practice by, firms, or a decision by
an association of firms, if it is between parties in a horizontal relationship and if it
involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition
meaning that it cannot be justified under any grounds.
3.0 Treasury Regulation 16A9 prescribes that accounting officers and accounting
authorities must take all reasonable steps to prevent abuse of the supply chain
management system and authorizes accounting officers and accounting
authorities to:
a. disregard the bid of any bidder if that bidder, or any of its directors have
abused the institution’s supply chain management system and or
committed fraud or any other improper conduct in relation to such system.
4.0 This SBD serves as a certificate of declaration that would be used by institutions
to ensure that, when bids are considered, reasonable steps are taken to prevent
any form of bid-rigging.
5.0 In order to give effect to the above, the attached Certificate of Bid Determination
(SBD 9) must be completed and submitted with the bid:
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise
be expected to compete, secretly conspire to raise prices or lower the quality of
goods and / or services for SABCs who wish to acquire goods and / or services
through a bidding process. Bid rigging is, therefore, an agreement between
competitors not to compete.
in response to the invitation for the bid made by: South African Broadcasting
Corporation SOC Limited “SABC”
do hereby make the following statements that I certify to be true and complete in every
respect:
6. The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor.
However communication between partners in a joint venture or consortium³ will
not be construed as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has
been no consultation, communication, agreement or arrangement with any
competitor regarding:
(a) prices;
10. I am aware that, in addition and without prejudice to any other remedy provided
to combat any restrictive practices related to bids and contracts, bids that are
suspicious will be reported to the Competition Commission for investigation and
possible imposition of administrative penalties in terms of section 59 of the
Competition Act No 89 of 1998 and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted
from conducting business with the public sector for a period not exceeding ten
(10) years in terms of the Prevention and Combating of Corrupt Activities Act No
12 of 2004 or any other applicable legislation.
………………………………………………… …………………………………
Signature Date
…………………………………………………. …………………………………
Position Name of Bidder
END OF DOCUMENT I
DOCUMENT J
By signing the BID document, the Bidder is deemed to acknowledge and accept that all
the conditions governing this BID, including those contained in any printed form stated
to form part thereof and SABC Limited will recognize no claim for relief based on an
allegation that the Bidder overlooked any such condition or failed properly to take it into
account for the purpose of calculating bided prices or otherwise.
SIGNED at______________________________________this___________________day
of _________________________2021
CAPACITY:______________________________________________________________
WITNESSES:
1. ______________________________
2. ______________________________
________________________________
BIDDER
END OF DOCUMENT J
ANNEXURE A
PLEASE NOTE: This price must include the maintenance and support fees
payable to SAP on behalf of the SABC.
BIDDER DETAILS:
Name of Tenderer:
____________________________________________________________
Address:
____________________________________________________________
____________________________________________________________
____________________________________________________________
E-mail address:
____________________________________________________________
Telephone: ___________________________________
Signature: ___________________________________
Date: ___________________________________
ANNEXURE B
This is the current SAP Enterprise Support Schedule. The bidder should provide the
same service on behalf of SAP and the maintenance fees payable to SAP should be
included in their proposal.
In each instance in which provisions of this Schedule contradict or are inconsistent with the
provisions of the Agreement including any appendices, exhibits, order forms or other
documents attached to or incorporated by reference to the Agreement, the provisions of this
Schedule shall prevail and govern.
This Schedule governs the provision of support services by SAP as further defined herein
(“SAP Enterprise Support”) for all software licensed by Licensee under the Agreement
(hereinafter collectively referred to as the “Enterprise Support Solutions”), excluding software to
which special support agreements apply exclusively.
1. Definitions:
1.1 “Go-Live” marks the point in time from when, after implementation of the Enterprise
Support Solutions or an upgrade of the Enterprise Support Solutions, the Enterprise
Support Solutions can be used by Licensee for processing real data in live operation
mode and for running Licensee’s internal business operations in accordance with the
Agreement.
1.2 “Licensee Solution(s)” shall mean Enterprise Support Solutions and any other
software licensed by Licensee from third parties provided such third party software is
operated in conjunction with Enterprise Support Solutions.
1.3 “Production System” shall mean a live SAP system used for running Licensee’s
internal business operations and where Licensee’s data is recorded.
1.4 “SAP Software Solution(s)” shall mean a group of one or multiple Production Systems
running Licensee Solutions and focusing on a specific functional aspect of Licensee’s
business. Details and examples can be found on the SAP Service Marketplace (as
specified in SAP Note 1324027or any future SAP Note which replaces SAP Note
1324027).
1.5 “Service Session” shall mean a sequence of support activities and tasks carried out
remotely to collect further information by interview or by analysis of a Production
System resulting in a list of recommendations. A Service Session could run manually,
as a self-service or fully automated.
1.6 “Top-Issue” shall mean issues and/or failures identified and prioritized jointly by SAP
and Licensee in accordance with SAP standards which (i) endanger Go-Live of a pre-
production system or (ii) have a significant business impact on a Production System.
1.7 “Local Office Time” shall mean regular working hours (8.00 a.m. to 6.00 p.m.) during
regular working days, in accordance with the applicable public holidays observed by
SAP’s registered office. With regard to SAP Enterprise Support only, both parties can
mutually agree upon a different registered office of one of SAP’s affiliates to apply
and serve as reference for the Local Office Time.
Licensee may request and SAP shall provide, to such degree as SAP makes such
services generally available in the Territory, SAP Enterprise Support services. SAP
Enterprise Support currently includes:
For releases of the SAP Business Suite 7 core applications (starting with SAP
ERP 6.0 and with releases of SAP CRM 7.0, SAP SCM 7.0, SAP SRM 7.0 and
SAP PLM 7.0 shipped in 2008), SAP may provide enhanced functionality and/or
innovation through enhancement packages or by other means as available.
During mainstream maintenance for an SAP core application release, SAP’s
current practice is to provide one enhancement package or other update per
calendar year.
SAP provides Licensee with up to five days remote support services per
calendar year from SAP solution architects
2.2 Advanced Support for Enhancement Packages and other SAP Software
Updates
SAP offers special remote checks delivered by SAP solution experts to analyze
planned or existing modifications and identify possible conflicts between Licensee
custom code and enhancement packages and other Enterprise Support Solutions
updates. Each check is conducted for one specific modification in one of Licensee's
core business process steps. Licensee is entitled to receive two services from one of
the following categories per calendar year per SAP Software Solution.
SAP Service Marketplace - SAP's knowledge database and SAP’s extranet for
knowledge transfer on which SAP makes available content and services to
licensees and partners of SAP only.
SAP Notes on the SAP Service Marketplace document software malfunctions and
contain information on how to remedy, avoid and bypass errors. SAP Notes may
contain coding corrections that licensees can implement into their SAP system.
SAP Notes also document related issues, licensee questions, and recommended
solutions (e.g. customizing settings).
SAP Note Assistant - a tool to install specific corrections and improvements to SAP
components.
Global 24x7 root cause analysis and escalation procedures in accordance with
section 2.1below.
Root Cause Analysis for Custom Code: For Licensee custom code built with
the SAP development workbench, SAP provides mission-critical support root-
cause analysis, according to the Global Message Handling process and
Service Level Agreements stated in Sections 2.1.1, 2.1.2 and 2.1.3, applicable
for priority “very high” and priority “high” messages. If the Licensee custom
code is documented according to SAP’s then-current standards (for details
see http://service.sap.com/), SAP may provide guidance to assist Licensee in
issue resolution
Pre-configured test templates and test cases are usually delivered via the
SAP Solution Manager Enterprise Edition. In addition the SAP Solution
Manager Enterprise Edition assists Licensee’s testing activities with
functionalities that currently include:
Access to guidelines via the SAP Service Marketplace, which may include
implementation and operations processes and content designed to help
reduce costs and risks. Such content currently includes:
error message at any time. All persons involved in the message solving process
can access the status of the message at any time. For further details on definition
of message priorities see SAP Note 67739.
In exceptional cases, Licensee may also contact SAP by telephone. For such
contact (and as otherwise provided) SAP requires that License provide remote
access as specified in Section 3.2(iii).
The following Service Level Agreements (“SLA” or “SLAs”) shall apply to all
Licensee support messages that SAP accepts as being Priority 1 or 2 and which
fulfill the prerequisites specified herein. Such SLAs shall commence in the first full
Calendar Quarter following the Effective Date of this Schedule. As used herein,
“Calendar Quarter” is the three month period ending on March 31, June 30,
September 30 and December 31 respectively of any given calendar year.
2.6.2 SLA for Corrective Action Response Time for Priority 1 Support Messages:
SAP shall provide a solution, work around or action plan for resolution
(“Corrective Action”) of Licensee’s Priority 1 support message within four (4)
hours of SAP’s receipt (twenty-four hours a day, seven days a week) of such
2.6.4.1 SAP shall be deemed to have met its obligations pursuant to the SLAs
as stated above by reacting within the allowed time frames in ninety-five
percent (95%) of the aggregate cases for all SLAs within a Calendar
Quarter. In the event Licensee submits less than twenty (20) messages
(in the aggregate for all SLAs) pursuant to the SLAs stated above in
any Calendar Quarter during the Enterprise Support term, Licensee
agrees that SAP shall be deemed to have met the its obligations
pursuant to the SLAs stated above if SAP has not exceeded the stated
SLA time-frame in more than one support message during the
applicable Calendar Quarter.
2.6.4.2 Subject to Section 2.1.4.1 above, in the event that the timeframes for
the SLA’s are not met (each a “Failure”), the following rules and
procedures shall apply: (i) Licensee shall inform SAP in writing of any
alleged Failure; (ii) SAP shall investigate any such claims and provide a
written report proving or disproving the accuracy of Licensee’s claim;
(iii) Licensee shall provide reasonable assistance to SAP in its efforts to
correct any problems or processes inhibiting SAP’s ability to reach the
SLAs; (iv) subject to this Section 2.1.4, if based on the report, an SAP
Failure is proved, SAP shall apply a Service Level Credit (“SLC”) to
Licensee’s next SAP Enterprise Support Fee invoice equal to one
quarter percent (0.25%) of Licensee’s SAP Enterprise Support Fee for
the applicable Calendar Quarter for each Failure reported and proved,
subject to a maximum SLC cap per Calendar Quarter of five percent
(5%) of Licensee’s SAP Enterprise Support Fee for such Calendar
Quarter. Licensee bears the responsibility of notifying SAP of any
SLCs within one month after the end of a Calendar Quarter in which a
Failure occurs. No penalties will be paid unless notice of Licensee’s
well-founded claim for SLC(s) is received by SAP in writing. The SLC
stated in this Section 2.1.4 is Licensee’s sole and exclusive remedy
with respect to any alleged or actual Failure.
For Priority 1 and Top-Issues directly related to the Enterprise Support Solutions,
SAP shall make available a global unit within SAP’s support organization for
mission critical support related requests (the “Support Advisory Center”). The
Support Advisory Center will perform the following mission critical support tasks: (i)
remote support for Top-Issues – the Support Advisory Center will act as an
additional escalation level, enabling 24X7 root cause analysis for problem
identification; (ii) Continuous Quality Check service delivery planning in
collaboration with Licensee’s IT, including scheduling and delivery coordination; (iii)
provides one SAP Enterprise Support report on request per calendar year; (iv)
remote primary certification of the SAP Customer Center of Expertise if requested
by Licensee; and (v) providing guidance in cases in which Continuous Quality
Checks (as defined in Section 2.3 below), an action plan and/or written
recommendations of SAP show a critical status (e.g. a red CQC report) of the
Enterprise Support Solutions.
As preparation for the Continuous Quality Check delivery through SAP Solution
Manager Enterprise Edition, Licensee’s Contact Person and SAP shall jointly
perform one mandatory setup service (“Initial Assessment”) for the Enterprise
Support Solutions. The Initial Assessment shall be based upon SAP standards and
documentation.
The designated SAP Support Advisory Center will be English speaking and
available to Licensee’s Contact Person (as defined below) or its authorized
representative twenty-four hours a day, seven days a week for mission critical
support related requests. The available local or global dial-in numbers are shown
in SAP Note 560499.
The Support Advisory Center is only responsible for the above mentioned mission
critical support related tasks to the extent these tasks are directly related to issues
or escalations regarding the Enterprise Support Solutions.
In case of critical situations related to the SAP Software Solution (such as Go Live,
upgrade, migration or Top Issues), SAP will provide at least one Continuous
Quality Check (the “Continuous Quality Check” or “CQC”) per calendar year for
each SAP Software Solution.
The CQC may consist of one or more manual or automatic remote Service
Sessions. SAP may deliver further CQC’s in cases where vital alerts are reported
by SAP EarlyWatch Alert or in those cases where Licensee and the SAP Advisory
Center mutually agree that such a service is needed to handle a Top-Issue.
Details, such as the exact type and priorities of a CQC and the tasks of SAP and
cooperation duties of Licensee, shall be mutually agreed upon between the parties.
At the end of a CQC, SAP will provide Licensee with an action plan and/or written
recommendations.
Licensee acknowledges that all or part of the CQC sessions may be delivered by
SAP and/or a certified SAP partner acting as SAP’s subcontractor and based on
SAP’s CQC standards and methodologies. Licensee agrees to provide appropriate
resources, including but not limited to equipment, data, information, and
appropriate and cooperative personnel, to facilitate the delivery of CQC’s
hereunder.
2.9 SAP Solution Manager Enterprise Edition under SAP Enterprise Support.
2.9.1 SAP Solution Manager Enterprise Edition (and any successor to SAP Solution
Manager Enterprise Edition provided hereunder) shall be subject to the
Agreement and is solely for the following purposes under SAP Enterprise
Support: (i) delivery of SAP Enterprise Support and support services for
Licensee Solutions including delivery and installation of software and
technology maintenance for Enterprise Support Solutions; and (ii) application
lifecycle management for Licensee Solutions and for any other software
components and IT assets licensed or otherwise obtained by Licensee from
third parties provided such third party software, software components and IT
assets are operated in conjunction with Enterprise Support Solutions and are
required to complete the Licensee’s business processes as documented in the
solution documentation in SAP Solution Manager Enterprise Edition
(“Additional Supported Assets”). Such application lifecycle management is
limited solely to the following purposes:
CRM. Licensee must hold appropriate Named User licenses to Use SAP
Solution Manager.
2.9.2 SAP Solution Manager Enterprise Edition may not be used for purposes other
than those stated above. Without limiting the foregoing restriction, Licensee
shall not use SAP Solution Manager Enterprise Edition for (i) CRM scenarios
such as service plans, contracts, service confirmation management, except as
CRM scenarios are expressly stated in Section 2.4.1; (ii) SAP NetWeaver
usage types other than those stated above or (iii) application life-cycle
management and in particular incident management (service desk) except for
Licensee Solutions and Additional Supported Assets and (iv) non-IT shared
services capabilities, including without limitation HR, Finance or Procurement.
2.9.3 SAP – in its sole discretion – may update from time to time on the SAP
Service Marketplace under http://service.sap.com/solutionmanager the use
cases for SAP Solution Manager Enterprise Edition under this Section 2.4.
2.9.4 SAP Solution Manager Enterprise Edition shall only be used during the term
of this Schedule and by Named Users licensed by Licensee subject to the
licensed rights for the Software and exclusively for Licensee's SAP-related
support purposes in support of Licensee’s internal business operations. The
right to use any SAP Solution Manager Enterprise Edition capabilities under
SAP Enterprise Support other than those listed above is subject to a separate
written agreement with SAP, even if such capabilities are accessible through
or related to SAP Solution Manager Enterprise Edition. Notwithstanding the
foregoing limitation on Named Users, Licensee shall be entitled to allow any
of its employees to use web self service in the SAP Solution Manager
Enterprise Edition during the term of this Schedule for the sole purpose of
creating support tickets, requesting support ticket status and ticket
confirmation directly related to the Licensee Solutions and Additional
Supported Assets.
2.9.5 In the event Licensee terminates SAP Enterprise Support and receives SAP
Standard Support in accordance with Section 6, Licensee’s use of SAP
Solution Manager Enterprise Edition under SAP Enterprise Support shall
cease. Thereafter, Licensee’s use of SAP Solution Manager Enterprise
Edition shall be governed by the terms and conditions of the SAP Standard
Support Schedule.
2.9.6 Use of SAP Solution Manager Enterprise Edition may not be offered by
Licensee as a service to third parties even if such third parties have licensed
SAP Software and have licensed Named Users; provided, third parties
authorized to access the SAP Software under the Agreement may have
access to SAP Solution Manager Enterprise Edition solely for SAP-related
support purposes in support of Licensee’s internal business operations under
and in accordance with the terms of this Schedule.
3. Licensee’s Responsibilities.
(i) Continue to pay all Enterprise Support Service Fees in accordance with the
Agreement and this Schedule.
(ii) Otherwise fulfill its obligations under the Agreement and this Schedule.
(iii) Provide and maintain remote access via a technical standard procedure as
defined by SAP and grant SAP all necessary authorizations, in particular for
remote analysis of issue as part of message handling. Such remote access
shall be granted without restriction regarding the nationality of the SAP
employee(s) who process support messages or the country in which they are
located. Licensee acknowledges that failure to grant access may lead to delays
in message handling and the provision of corrections, or may render SAP unable
(iv) Establish and maintain an SAP certified Customer COE meeting the
requirements specified in Section 4 below.
(vi) Activate SAP Early Watch Alert for the Production Systems and transmit data
to Licensee’s productive SAP Solution Manager Enterprise Edition system. See
SAP Note 1257308 for information on setting up this service.
(vii) Perform the Initial Assessment as described in Section 2.2 and implement all
the recommendations of SAP classified as mandatory.
(ix) To fully enable and activate the SAP Solution Manager Enterprise Edition,
Licensee shall adhere to the applicable documentation.
(x) Licensee agrees to maintain adequate and current records of all modifications
and, if needed, promptly provide such records to SAP.
(xi) Submit all error messages via the then current SAP support infrastructure as
made available by SAP from time to time via updates, upgrades or add-ons.
(xii) Inform SAP without undue delay of any changes to Licensee’s installations
and Named Users and all other information relevant to the Enterprise Support
Solutions.
4.1 Role of the Customer Center of Expertise. In order to leverage the full
potential value delivered as part of SAP Enterprise Support, Licensee is required
to establish a Customer Center of Expertise (“Customer Center of Expertise”, or
“Customer COE”). The Customer COE is designated by Licensee as a central
point of contact for interaction with the SAP support organization. As a
permanent center of expertise, the Customer COE supports Licensee’s efficient
implementation, innovation, operation and quality of business processes and
systems related to the SAP Software Solution based on the Run SAP
methodology provided by SAP (for more information on the Run SAP
methodology, refer to http://service.sap.com/runsap). The Customer COE should
cover all core business process operations. SAP recommends starting the
implementation of the Customer COE as a project that runs in parallel with the
functional and technical implementation projects.
4.2 Basic Functions of the Customer COE. The Customer COE must fulfill the
following basic functions:
5. Enterprise Support Fees. SAP Enterprise Support Fees shall be paid annually
in advance and shall be specified in Appendices or order documents to the
Agreement. After the Initial Term (as defined in the applicable appendices or
order documents), any limitations on increases to the SAP Enterprise Support
Fees are subject to Licensee’s compliance with the Customer COE requirements
specified above.
6. Termination
6.1 SAP Enterprise Support may be terminated by either party with 3 months
written notice (i) prior to the end of the Initial Term and (ii) thereafter, prior to the
start of the following renewal period. Any termination provided in accordance
with above will be effective at the end of the then-current SAP Enterprise Support
period during which the termination notice is received by the respective party.
Notwithstanding the forgoing, SAP may terminate SAP Enterprise Support after
one month written notice of Licensee’s failure to pay Enterprise Support Fees.
6.2 Notwithstanding Licensee’s rights under Section 6.1, and provided Licensee
is not in default of any obligations under the Agreement, Licensee may select
SAP Standard Support with 3 months written notice to SAP either (i) with respect
to all orders for support that are solely on a calendar year renewal basis, prior to
the start of the renewal period that follows the Initial Term that commenced as of
Licensee’s first order for SAP Enterprise Support; or (ii) with respect to all orders
for support that are not solely on a calendar year renewal basis, prior to the start
of the first renewal period in any calendar year that follows the Initial Term that
commenced as of Licensee’s first order for SAP Enterprise Support. Such
selection shall be stated by Licensee in the notice letter, and shall terminate SAP
Enterprise Support effective with the commencement of SAP Standard Support.
Any such selection shall apply to all Enterprise Support Solutions and shall be on
SAP’s then-current terms and conditions for SAP Standard Support, including
without limitation pricing. SAP and Licensee shall execute an amendment or
other document to the Agreement memorializing Licensee’s selection and SAP’s
then-current terms and conditions.
6.3 For the avoidance of any doubt, termination of SAP Enterprise Support or
selection to enroll in another type of SAP Support Services by Licensee pursuant
to Support Services selection provisions under the Agreement shall strictly apply
to all licenses under the Agreement, its appendices, schedules, addenda and
order documents and any partial termination of SAP Enterprise Support or partial
selection of SAP Enterprise Support by Licensee shall not be permitted in respect
of any part of the Agreement, its appendices, schedules, addenda, order
documents or this Schedule.
7. Verification. To check the compliance with the terms of this Schedule, SAP shall be
entitled to periodically monitor (at least once annually and in accordance with SAP
standard procedures) (i) the correctness of the information Licensee provided and (ii)
Licensee’s usage of the Solution Manager Enterprise Edition in accordance with the
rights and restrictions set out in Section 2.4.
9.1 The scope of SAP Enterprise Support offered by SAP may be changed
annually by SAP at any time upon three months prior written notice.
9.2 Licensee hereby confirms that Licensee has obtained all licenses for the
Licensee Solutions.
9.3 In the event that Licensee is entitled to receive one or more services per
calendar year, (i) Licensee shall not be entitled to receive such services in the
first calendar year if the Effective Date of this Schedule is after September 30
and (ii) Licensee shall not be entitled to transfer a service to the next year if
Licensee has not utilized such service.
9.5 In the event SAP licenses third party software to Licensee under the
Agreement, SAP shall provide SAP Enterprise Support on such third party
software to the degree the applicable third party makes such support available
to SAP. Licensee may be required to upgrade to more recent versions of its
operating systems and databases to receive SAP Enterprise Support. If the
respective vendor offers an extension of support for its product, SAP may offer
such extension of support under a separate written agreement for an additional
fee.
SAP Enterprise Support is provided according to the current maintenance phases of SAP
software releases as stated in http://service.sap.com/releasestrategy
ANNEXURE C
Please complete and attach this Annexure to your tender response. Please
ensure that you have responded to, and provided supporting documents for, all
questions. Pay specific attention to Point 2 on Page 2 and Point 5.3 on Pages 28
& 29.
ANNEXURE D
Due to the Covid-19 pandemic, and in compliance with National Treasury Instruction
Note 5, institutions are advised as far as possible to avoid convening briefing sessions.
Therefore a briefing session WILL NOT BE SCHEDULED in cases where it is
avoidable and the following will apply:
Bidders are requested to submit their queries related to the bid via email
Bidders must send their queries to the Bid Office via the email
[email protected]
The queries must be submitted at least within 10 days after the tender has been
advertised on the National Treasury E-Tender Portal and the SABC Website.
The Bid Office will forward the queries to the Bid Specification Team for relevant
response.
All queries and responses will be consolidated into a schedule of questions and
answers and published on all the platforms that were utilized to advertise the tender
within 5 days after the query deadline.
Where a briefing session cannot be avoided and, to the extent permitted by the Disaster
Management Act (DMA) Regulations, the following will apply:
The briefing session meeting will be arranged by means of an online session using
the Microsoft TEAMS or similar enablers, the date and time of which will be
published on the E-Tender Portal and SABC Website.
Bidders who have access to Microsoft Teams or similar enablers are kindly
requested to advice of their interest to participate in the online briefing session by
sending an email to [email protected] 3 days before the briefing session
so as to be invited.
On the date and time of the briefing session, bidders will be invited via Microsoft
Teams or similar enablers to attend the online briefing session meeting.
Bidders who are unable to connect via Microsoft TEAMS or similar enablers are
requested to submit their queries related to the bid via email. The aforementioned
process will follow
Site Inspection will not be made compulsory however the bidders should be advised
that non-attendance of such will be to their disadvantage. Should the need arise for
a site inspection to be part of a briefing session, the following will apply: