INVITATION TO TENDER...with professional registration with one of the following professional bodies:...
Transcript of INVITATION TO TENDER...with professional registration with one of the following professional bodies:...
Tender Number: IDT-NAT-PPMIS-PM01
TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR PPMIS PHASE 2
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INVITATION TO TENDER
PROCUREMENT OF A PROFESSIONAL SERVICE PROVIDER ENTITY
FOR THE PROVISION OF TECHNICAL ADVICE AND PROJECT
MANAGEMENT SERVICES FOR THE IMPLEMENTATION OF
PROJECT/PROGRAMME MANAGEMENT INFORMATION SYSTEM
(PPMIS) PHASE 2
Closing date:
5 August 2016 at 12h00
ISSUED BY: THE INDEPENDENT DEVELOPMENT TRUST IDT HEAD OFFICE CORNER OBERON AND SPRITE STREETS GLENWOOD OFFICE PARK FAERIE GLEN 0043 TEL: (012) 845 2000 Website: www.idt.org.za
Tender Number: IDT-NAT-PPMIS-PM01
TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR PPMIS PHASE 2
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TABLE OF CONTENTS
1. TENDER DETAILS ............................................................................................ - 3 -
1.1 Invitation to Tender ........................................................................................................ - 4 -
1.2 Tender Data ................................................................................................................... - 6 -
1.3 Tender Evaluation Procedure ....................................................................................... - 10 -
1.4 IDT’s reservation of rights ............................................................................................ - 13 -
2. RETURNABLE DOCUMENTS ......................................................................... - 14 -
2.1 List of Returnable Documents ....................................................................................... - 15 -
2.1a – List of Compulsory Commercial Documents to be submitted with the tender - 15 -
2.1b – List of Financial Returnable Documents (COMPULSORY) - 16 -
2.1c – List of Technical and Preferential Returnable Documents - 16 -
2.2 Returnable Documents Schedule .................................................................................. - 17 -
3. SCOPE OF WORK OF PPMIS PHASE 2 ........................................................ - 56 -
3.1 Background .................................................................................................................. - 57 -
3.2 Status Quo ................................................................................................................... - 57 -
3.3 Detailed Scope of Work for Project Manager ................................................................ - 58 -
4. CONTRACT DATA .......................................................................................... - 63 -
5 ANNEXURE: .................................................................................................... - 64 -
ANNEXURE A: Independent Development Trust Standard Conditions of Tender ................. - 65 -
ANNEXURE B: Service Level Agreement ............................................................................. - 74 -
Tender Number: IDT-NAT-PPMIS-PM01
TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR PPMIS PHASE 2
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1. TENDER DETAILS
Tender Number: IDT-NAT-PPMIS-PM01
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1.1 Invitation to Tender
Tender Number: IDT-NAT-PPMIS-PM01
The Independent Development Trust (hereinafter “IDT”) invites companies with extensive knowledge in the
development and/or project management of Enterprise Information Systems to submit proposals for the
PROVISION OF TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR THE
DEVELOPMENT/AQUISITION OF A PROGRAMME & PROJECT MANAGEMENT INFORMATION
SYSTEM (PPMIS)
Bidders with professional accreditation with the relevant professional body and with the required
experience and qualifications (Systems Engineering / Business Analysis / Industrial Engineering / Value
Engineering) will be considered for this tender. Only bidders who allocate at least one of the key personnel
with professional registration with one of the following professional bodies: SACPCMP, PMI, ACPM as
Professional Project Manager will be considered.
Bidders with professional certification in addition to those mentioned previously, within the Built Environment
will be considered favourably. (i.e. Pr. Arch, Pr. Eng (Civil, Structural, etc.)
A compulsory briefing session will be held on 20 July at 10:00 at the IDT offices in Pretoria.
The bid closes on 5 August at 12:00 PM. Original bids must be submitted and deposited in the Tender Box
at the IDT Head Office, Corner Oberon and Sprite Streets, Glenwood Office Park, Faerie Glen, 0043.
Telegraphic, telephonic, telex, facsimile, e-mail and late tenders WILL NOT be accepted.
The Bids will be evaluated on comparative basis in terms of IDT SCM Policies and Procedures. Only
competent bidders who have exceeded the minimum functionality threshold will be evaluated on a 90/10
(Price / B-BBEE) points basis in terms of the Treasury Regulations of 2011.
Functionality criteria scoring will be evaluated in two (2) phases. Only bidders scoring above 70% under
Phase one (1) of functionality criteria will be eligible to be evaluated under Phase two (2) which entails the
interview process with the client. Bidders must be prepared to do a 45 minutes presentation related to Key
Personnel Experience, Qualifications, Previous Experience, Approach and Methodology, among other. Only
bidders that score 70% and above the threshold of the second phase will qualify for further evaluation on the
90/10 Preference Point System.
Tender Number: IDT-NAT-PPMIS-PM01
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The Phase 1 evaluation under functionality criteria is as follows:
Criteria Points Allocation
Company Experience and Track-records on similar scale projects 30 points
Contactable references (in client letter heads) 20 points
Experience of Key Personnel 15 points
Qualification of Key Personnel 10 points
Additional Qualification of Key Personnel 10 points
Approach and methodology 12 points
Project Schedule 3 points
Total 100 points
Bidders tendering as joint ventures / consortiums are required to submit an original consolidated B-BBEE
certificate from a SANAS accredited verification agency in order to qualify for points for the B-BBEE status
level.
Tender documents will be available from the IDT website at www.idt.org.za free of charge from Friday, 15
July 2016.
Enquiries should be directed to Mrs Yeline Ferrer, Tel (012) 845 2186, e-mail: [email protected]
The IDT deems a submission of a tender by a bidder in response to this Invitation to constitute acceptance of
the IDT Standard Conditions of Tender.
Tender Number: IDT-NAT-PPMIS-PM01
TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR PPMIS PHASE 2
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1.2 Tender Data
The IDT Standard Conditions of Tender make several references to the Tender Data for details that apply
specifically to this tender. The Tender Data shall have precedence in the event of any ambiguity or
inconsistency between it and the Standard Conditions of Tender.
Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to
which it mainly applies.
Clause
number Tender Data / Clause description
1.2.1 The Employer is Independent Development Trust (hereinafter “IDT”)
Physical address:
IDT Head Office
Corner Oberon and Sprite Streets
Glenwood Office Park
Faerie Glen 0043
Tel: (012) 845 2000 - Fax: 086 589 6855
Website: www.idt.org.za
The IDT Representative:
Ms. Yeline Ferrer
Tel. (012) 845 2186
Fax: 086 618 4692
e-mail: [email protected]
1.2.2 Only those bidders who satisfy the following compulsory requirements are eligible to submit
tenders:
South African registered entities;
Bidders with professional accreditation with the relevant professional body and with the
required experience and qualifications in one of the following areas (Systems Engineering
/ Business Analysis / Industrial Engineering / Value Engineering);
Allocation of at least one key personal registered with one of the following professional
bodies: SACPCMP, PMI, ACPM as Professional Project Manager
A valid and original Tax Clearance Certificate;
In case of a Consortium, notarized Consortium Agreement;
A valid Letter of good standing from the Department of Labour
1.2.3 Compulsory requirements shall be valid at the time of the closing date; failure to comply will result
in disqualification.
1.2.4 A compulsory briefing session will be held on 20th July at 10:00AM at the IDT offices in Pretoria.
Tender Number: IDT-NAT-PPMIS-PM01
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Clause
number Tender Data / Clause description
1.2.5 Prospective bidders are encouraged to submit their requests for clarification in writing not later
than 7 calendar days before the closing date. However the Employer shall respond to requests for
clarification received up to 4 calendar days prior to tender closure (i.e. 1st August 2016, 12:00PM).
1.2.6 The tender shall be for the entire scope defined under section 3.3 below which refer to the detailed
scope of work of the entity that will provide Technical Advice and Project Management Services for
the Development/Acquisition of a Programme & Project Management Information System (PPMIS)
REF: IDT-NAT-PPMIS-PM01
1.2.7 The Tender Validity period is 90 days from the closing date.
1.2.8 The tender shall be submitted as an original, failure to comply will result in disqualification of the
tender. The tender document must be a hard copy file (one file marked “original”) divided into
folders as follows:
i. Commercial
- As per 2.1a - List of Commercial Compulsory Returnable Documents.
ii. Financial
- As per 2.1b - List of Financial Returnable Documents
iii. Technical
- As per 2.1c - List of Technical Returnable Documents.
To facilitate the tender evaluation, the tenderers are encouraged to compile their Tender
Document following the same order that have been specified in section 2.1 “ List of Returnable
Documents”
1.2.9 The Tender Validity period is 90 days from the closing date.
1.2.10 The Invitation to Tender number is : IDT-NAT-PPMIS-PM01
1.2.11 The deadline for tender submission is 5th
August 2016 @ 12h00 pm.
1.2.12 Tenders shall be opened in public soon after the closing time but prices shall not be publicly
announced during the opening process.
Tender Number: IDT-NAT-PPMIS-PM01
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Clause
number Tender Data / Clause description
1.2.13 The tender shall be addressed to the Employer with a cover page indication the following:
INDEPENDENT DEVELOPMENT TRUST (IDT)
PROCUREMENT OF A PROFESSIONAL SERVICE PROVIDER ENTITY FOR THE PROVISION
OF TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR THE
IMPLEMENTATION OF PROGRAMME/PROJECT MANAGEMENT INFORMATION SYSTEM
(PPMIS) PHASE 2
TENDER REF: IDT-NAT-PPMIS-PM01
BIDDER NAME:_____________________________________________
COMPANY REGISTRATION NUMBER: _________________________
Physical Address for delivery of tender:
IDT Head Office
Glenwood Office Park
Corner Oberon and Sprite Streets
Faerie Glen 0043
Marked confidential tender No.: IDT-NAT-PPMIS-PM01
The place for delivery of the tender is:
The IDT Tender Box located at (main reception at the physical address given above)
1.2.13 The Bids will be evaluated on comparative basis in terms of IDT SCM Policies and Procedures.
Only competent bidders who have exceeded the minimum functionality threshold will be evaluated
on a 90/10 (Price / B-BBEE) preference point system in line with the Preferential Procurement
Policy Framework Act, 2000 (Act No. 5 of 2000)
Tender Number: IDT-NAT-PPMIS-PM01
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Clause
number Tender Data / Clause description
1.2.14 Functionality criteria scoring will be evaluated in two (2) phases. Only bidders scoring above 70%
under phase one (1) of functionality criteria will be eligible to be evaluated under Phase two (2)
which entails the interview process with the client. Bidders must be prepared to do a 45 minutes
presentation related to Key Personnel Experience, Qualifications, Previous Experience, Approach
and Methodology, among other. Only bidders that again score 70% and above threshold of the
second phase will qualify for further evaluation on the 90/10 Preference Point System.
Please refer to item 1.3 “Tender Evaluation Procedure” for more details.
Tender Number: IDT-NAT-PPMIS-PM01
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1.3 Tender Evaluation Procedure
Tender evaluation will be done as per the stages below:
1.3.1 Stage 1: Eligibility of Tenderers.
Stage one (1) entails the process of ensuring compliance of the tenderers. Tenderers shall submit all
mandatory returnable documents to qualify for stage two (2) of the evaluation processes. Failure to
submit any of the compulsory returnable documents will lead to disqualification.
Table 1 lists the compulsory returnable documents that shall be submitted by all tenderers to be
considered eligible for this tender.
Item Description of Compulsory Returnable Document
1 Declaration of Authority
2 Declaration of Close Family Members and Beneficiaries
3 Confirmation of Receipt of Addenda to Tender Documents
4 Declaration of Interest (SBD 4)
5 Preference points claim form in terms of the Preferential Procurement Regulations
2011 (SBD 6.1)
6 Declaration of Bidders Past Supply Chain Management Practices (SBD 8)
7 Certificate of Independent Bid Determination (SBD 9)
8 Original SARS Tax Clearance certificate (IRP20) (applicable if the tenderer is a
South African tax payer)
9 Original certified copy of the relevant Professional Registration and/or Qualification
(Systems Engineering / Business Analysis / Industrial Engineering / Value
Engineering) of at least one of the owners/directors of the company.
10 Original certified copy of at least one of the key personnel’s professional registration
with one of the following professional bodies: SACPCMP, PMI, ACPM as
Professional Project Manager.
11 COIDA or Letter of good standing with the Department of Labor
12 Original certified copy of Company Registration Documents
13 If two or more tenderers form a joint venture, consortium or other unincorporated
grouping of two or more persons (“joint venture”), a copy of the notarized joint venture
agreement entered into between the partners
14 List of all shareholders/directors with original certified copies of their IDs
15 Signed Priced Financial Offer
Tender Number: IDT-NAT-PPMIS-PM01
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1.3.2 Stage 2: Evaluation on Functionality/Technical Requirements
Stage two (2) entails the process of evaluation of functionality/technical requirements. The
functionality/technical requirements will be evaluated in two (2) phases. Only bidders who meet the
threshold of 70% of the total scoring under phase one (1) of functionality criteria will be eligible to be
evaluated under phase two (2) which entails the interview process with the employer (IDT).
1.3.2.1 Stage 2 / Phase 1 / Functionality/Technical Requirements
The Table below, specify in detailed the functionality/technical criteria to be considered under the
evaluation of phase one (1)
VARIABLES TOTAL
POINTS CRITERIA
DESCRIPTION
OF CRITERIA POINTS
100
Company
Experience
and Track-
records on
similar scale
projects
30
Five project Completed Points allocated
for track records
based on the
similar scale of
previous projects
completed by
tenderer in the
past 5 years
30
Four Projects Complete 27
Three Projects Completed 21
Two Projects Completed 12
One Projects completed 6
Contactable
references (in
client letter
heads)
20
5 Reference indicating satisfactory and above Points allocated
from previous
client references
related to similar
project listed
under Company
experience
submitted above
20
4 Reference indicating satisfactory and above 18
3 Reference indicating satisfactory and above 14
2 Reference indicating satisfactory and above 8
1 Reference indicating satisfactory and above 4
Experience of
Key
Personnel
16 and above years of Experience Points allocated
for required
experience on
similar projects of
the key person
allocated to the
project
15
13 – 15 Years of Experience 13
15 8 – 12 Years of Experience 11
5 – 7 Years of Experience 6
2 – 4 Years of Experience 3
Note: Score allocations will be considered for the highest experienced personnel if an
entity submits more than one key person. This key person shall be a resource allocated
full time to manage the project.
Tender Number: IDT-NAT-PPMIS-PM01
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VARIABLES TOTAL
POINTS CRITERIA
DESCRIPTION
OF CRITERIA POINTS
Qualification
of Key
Personnel
Key Personnel with Master qualification Points allocated
for relevant
qualification of the
key person
allocated to the
project.
10
Key Personnel with Honors qualification 9
10 Key Personnel with Degree qualification 7
Key Personnel with National Diploma 4
No qualification 0
Note: Score allocations will be considered for the highest qualified personnel if an entity
submits more than one key person. This key person shall be a resource allocated full time
to manage the project.
Additional
Qualification
of Key
Personnel
10
Key personnel with 2 additional professional
qualifications within in the Built Environment.
Points allocated
for additional
qualification of the
key person within
the built
environment.
10
Key personnel with 1 additional professional
qualification within in the Built Environment. 5
Approach
and
methodology
12
Very good Points allocated
for submission of
specific approach
& methodology
12
Good 5
No Acceptable 0
Project
Schedule 3
Shorten period Points allocated
for submission of
specific project
schedule
3
Good 1
No Acceptable 0
1.3.2.1 Stage 2 / Phase 2 / Interview with the Employer
Bidders must be prepared to do a 45 minutes presentation related to Key Personnel Experience,
Qualifications, Previous Experience, Approach and Methodology, among other. Only bidders that
again obtain and pass the 70% threshold of the second phase will qualify for further evaluation on
the 90/10 Preference Point System.
1.2.3 Stage 3: Evaluation on the 90/10 Preference Points system
Stage 3 entails the process of evaluation on price and B-BBEE based on the 90/10 Preference
Points system as stipulated by the Preferential Procurement Policy Framework Act (PPPFA). Refer
to section 1.5 for more details related to Preferential Points system.
Tender Number: IDT-NAT-PPMIS-PM01
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The 90/10 scorecard was formulated as follows, in accordance with the PPPFA:
VARIABLES TOTAL
POINTS
CRITERIA DESCRIPTION OF
CRITERIA
POINTS
EMPOWERMENT POINTS
B-BBEE
10 B-BBEE contributor level 1 10
B-BBEE contributor level 2 9
B-BBEE contributor level 3 8
B-BBEE contributor level 4 5
B-BBEE contributor level 5 4
B-BBEE contributor level 6 3
B-BBEE contributor level 7 2
B-BBEE contributor level 8 1
Non-Complaint 0
FINANCIAL OFFER / PRICE (DISCOUNTS):
FINANCIAL
OFFER /
PRICE
90 Formula = 2, option 1, A = (1-{(p-
pm)/pm})
Formula used to
calculate financial
offer/points
pm = The comparative price offer
of the mean / average qualifying
tenderer
P = the comparative offer of the
tender under consideration
100
1.4 IDT’s Reservation of Rights
1.4.1 IDT reserves the right to subject Tenderers and their facilities to assessment as part of the
evaluation process or as a condition to contract award.
1.4.2 Consequent to the evaluation of Tenderer’s proposals, IDT reserves the right, with the
permission of the IDT Board or the relevant delegated authority, to enter into negotiations
with one or more of the preferred Tenderers (as determined by IDT following evaluation of
the tender proposals) for the whole or part of the services.
1.4.3 In addition, IDT may utilise the market information received from the Tenderer’s responses to
this tender for the purposes of undertaking any future procurement for other projects. Such
procurement may be undertaken through negotiation with one or more parties (which may
include the successful Tenderer and/or any one or more Tenderers who submit a tender in
response to this enquiry) or any other procurement strategy.
1.4.4 IDT reserves the right to cancel or withdraw this tender without prior notice and without
furnishing any reasons whatsoever.
Tender Number: IDT-NAT-PPMIS-PM01
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2. RETURNABLE DOCUMENTS
Tender Number: IDT-NAT-PPMIS-PM01
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2.1 List of Returnable Documents
The tenderer must complete and return the following returnable documents:
Document to be returned prior to submitting a tender
A1 Acknowledgement Form A1 (to be returned within 2 working days after the
compulsory briefing session)
2.1a – List of Compulsory Commercial Documents to be submitted with the tender
“Compulsory Commercial Documents” shall be submitted by the tenderers. If any of the below
documentation is not supplied will lead to the immediate disqualification of the tenderer. Certified
copies of documents shall be submitted in original and not older than 3 months. Copies certified
before 5th May 2016 will not be accepted.
2.1a - 1 Declaration of Authority
2.1a - 2 Declaration of Close Family Members and Beneficiaries
2.1a - 3 Confirmation of Receipt of Addenda to Tender Documents
2.1a - 4 Declaration of Interest (SBD 4)
2.1a - 5 Preference points claim form in terms of the Preferential Procurement Regulations
2011 (SBD 6.1)
2.1a - 6 Declaration of Bidders Past Supply Chain Management Practices (SBD 8)
2.1a - 7 Certificate of Independent Bid Determination (SBD 9)
2.1a - 8 Original SARS Tax Clearance certificate (IRP20) (applicable if the tenderer is a
South African tax payer)
2.1a - 9 Original certified copy of the relevant Professional Registration and/or Qualification
(Systems Engineering / Business Analysis / Industrial Engineering / Value
Engineering) of at least one of the owners/directors of the company.
2.1a - 10 Original certified copy of at least one of the key personnel’s professional registration
with one of the following professional bodies: SACPCMP, PMI, ACPM as
Professional Project Manager.
2.1a - 11 COIDA or Letter of good standing with the Department of Labor
2.1a -12 Original certified copy of Company Registration Documents
2.1a -13 If two or more tenderers form a joint venture, consortium or other unincorporated
grouping of two or more persons (“joint venture”), a copy of the notarized joint venture
agreement entered into between the partners
2.1a -14 List of all Shareholders/Directors with the original certified copy of the IDs
Tender Number: IDT-NAT-PPMIS-PM01
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2.1b – List of Financial Returnable Documents (COMPULSORY)
The compulsory financial offer shall be submitted by the tenderers in the format that have been
specified in the returnable scheduled (section 2.2), form 2.1b – 1. Failure to submit the financial
returnable document will lead to disqualification.
2.1b - 1 Signed Priced Financial Offer
2.1c – List of Technical and Preferential Returnable Documents
The technical and preferential returnable documents are required for tender evaluation purposes
(Note: If any of the below is not supplied, it will result in the deduction of tender evaluation points)
The table below lists the technical and preferential returnable documents that should be submitted by
the tenderers.
2.1c - 1 B-BBEE(Broad-Based Black Economic Empowerment) certificate by a SANAS /
IRBA accredited Verification Agency
2.1c - 2 Company Experience and track records of projects undertaken on similar nature,
scale and complexity during the last five years.
2.1c - 3 Contactable reference of completed similar projects (in clients letter heads)
2.1c - 4 CVs of Proposed Key Personnel, Qualifications & Competencies of Key Staff.
2.1c - 5 Original certified copies of qualifications of the key personnel
2.1c - 6 Original certified copies of professional registration of the key personnel
2.1c - 7 Approach and Methodology
2.1c - 8 Project Schedule
Tender Number: IDT-NAT-PPMIS-PM01
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2.2 Returnable Documents Schedule
Tender Number: IDT-NAT-PPMIS-PM01
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A1: Acknowledgement Form
TO: THE IDT REPRESENTATIVE FROM
Glenwood Office Park
Cnr. Oberon & Sprite Streets
Faerie Glen Pretoria, 0043
South Africa
Attention Yeline Carnero Ferrer
Sender
Email [email protected]
Fax No. 086 618 4692 Fax No.
ACKNOWLEDGEMENT: PROVISION OF TECHNICAL ADVICE AND PROJECT MANAGEMENT
SERVICES FOR THE DEVELOPMENT/AQUISITION OF A PROGRAMME & PROJECT MANAGEMENT
INFORMATION SYSTEM (PPMIS) PHASE 2 IMPLEMENTED BY THE INDEPENDENT DEVELOPMENT
TRUST (IDT)
REF: IDT-NAT-PPMIS-PM01
We are in receipt of the Invitation to Tender from Independent Development Trust dated _______________
We confirm that the documentation received by us is:
Correct as stated in the Tender Data and returnable schedules, and that each document is complete.
[Indicate by ticking the box)]
Or: Incorrect or incomplete for the following reasons:
Tender Number: IDT-NAT-PPMIS-PM01
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Please select either statement 1 or 2 by ticking the appropriate box below:
1. We have noted the deadline for tender submission stated in the Tender Data and will be submitting
our tender before the stipulated time.
Regards
__________________________________
Signed on behalf of the tenderer
Tender Number: IDT-NAT-PPMIS-PM01
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2.1a – 1 Declaration of Authority
Please indicate the legal incorporation status of your business entity by ticking the appropriate box
hereunder. The signatory hereto must furthermore indicate his/her authority to respond to this tender and all
enquiries associated therewith in behalf of the tenderer. Alternatively, certified copies of the relevant
incorporation documentation confirming the information required in this schedule may be submitted as a
tender returnable.
PARTNERSHIP
COMPANY
JOINT VENTURE
CLOSE
CORPORATION
OTHER (specify)
A. Partnerships, Companies, Close Corporations or Others
I, the undersigned, _______________________________hereby confirm that I am duly authorised to sign all
documents in connection with this tender and any contract resulting from it on behalf of
_____________________ _ _ (insert the full legal name of the tenderer).
Signed Position /
Capacity
B. Joint Ventures
We, the undersigned, are submitting this tender in Joint Venture and hereby authorise Mr/Ms
_______________________________________, an authorised signatory of
_______________________________________, (insert the full legal name of the business entity serving as
the lead partner)acting in the capacity of lead partner, to sign all documents in connection with the tender
and any contract resulting from it on our behalf.
We attach to this Schedule a copy of the notarized joint venture agreement which incorporates a statement
that all partners are liable jointly and severally for the execution of the contract and that the lead partner is
authorised to incur liabilities, receive instructions and payments and be responsible for the entire execution
of the contract for and on behalf of any and all the partners.
Tender Number: IDT-NAT-PPMIS-PM01
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Legal Name of Joint Venture
Participant
Full Name and Capacity of Authorised
Signatory
Signature
Lead partner
Tender Number: IDT-NAT-PPMIS-PM01
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2.1a – 2 Declaration of Close Family Members or Beneficiaries
Please indicate, by completing the table set out below, the names of all persons, (natural or juristic), who are
Beneficiaries of the tenderer.
For the purposes of this Declaration, a Beneficiary is a natural or juristic person that has a legal or monetary
interest in the tenderer by way of ownership, directorship, trusteeship and/ or the like.
To the extent that the tenderer is a public company, only the names of the top 5 majority shareholders are
required with respect to the disclosure of ownership.
Full legal name of
natural or juristic
person
Identity or
Registration
Number
Capacity of
Beneficiary (i.e.
shareholder,
member, partner,
trustee, director,
or the like)
Quantification of
Interest (i.e.
percentage
shareholding or
ownership, profit
share, etc.)
**Relationship
with IDT
employee or IDT
director
(Yes/No)
** Please indicate in the table above if any natural person named above is a Close Family Member of a
director of Independent Development Trust or a subsidiary thereof, or of any employee of Independent
Development Trust involved in the procurement and approval process associated with this tender.
**Please indicate in the table above if any juristic person named above has as a Beneficiary a director of
Independent Development Trust or a subsidiary thereof, or an employee of Independent Development Trust
involved in the procurement and approval process associated with this tender, or whether any Beneficiary of
a juristic person named above is a Close Family Member of a director of Independent Development Trust or
a subsidiary thereof, or an employee of Independent Development Trust involved in the procurement and
approval process associated with this tender.
Tender Number: IDT-NAT-PPMIS-PM01
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NB: For the purposes of this Declaration, a Close Family Member is deemed to be a person related by birth,
marriage, domestic partnership, adoption, guardianship or the like.
If you have indicated ‘Yes’ to any of the above then please specify the name of the said IDT employee / IDT
director, and the nature of the relationship between the said IDT employee / IDT director and the person
(natural or juristic) indicated in the table above.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________
IDT reserves the right to act against the tenderer or the signatory hereto should this declaration prove to be
false.
Signed Date
Name Position
tenderer
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2.1a – 3 Confirmation of Receipt of Addenda to Tender Documents
We confirm that the following communications received from the Employer before the submission of this
tender offer, amending the tender documents, have been taken into account in this tender offer:
Date Received Title or Details
1.
2.
3.
4.
5.
6.
7.
(Attach additional pages if more space is required)
Signed Date
Name Position
tenderer
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2.1a – 4 Declaration of Interest (SBD 4)
1. 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 and/or take an oath declaring his/her interest, where-- the bidder is
employed by the state; and/or - the legal person on whose behalf the bidding document is signed,
has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of
the bid(s), or where it is known that such a relationship exists between the person or persons for or
on whose behalf the declarant acts and persons who are involved with the evaluation and or
adjudication of the bid.
2. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
2.1 Full Name of bidder or his or her representative:
….………………………………………………………….
2.2 Identity Number:
………………………………………………………………………………………
2.3 Position occupied in the Company (director, shareholder etc.):
………………………………………………
2.4 Company Registration Number:
………………………………………………………………………..…….
2.5 Tax Reference Number:
………………………………………………………………………………….…
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2.6 VAT Registration Number:
………………………………………………………………………………....
* “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,
b) 1999 (Act No. 1 of 1999);
c) any municipality or municipal entity;
d) provincial legislature;
e) national Assembly or the national Council of provinces; or
f) Parliament.
2.7 Are you or any person connected with the bidder presently employed by the state?
Please tick applicable
2.7.1 If so, furnish the following particulars:
Name of person / director / shareholder/ member:
……....…………………………………………………………………
Name of state institution to which the person is connected:
………………………………………………………………………….
Position occupied in the state institution:
………………………………………………………………………….
Any other particulars:
……………………………………………………………………….
………………………………………………………………………
………………………………………………………………….......
YES NO
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……………………………………………………………………….
2.8 Did you or your spouse, or any of the company’s directors YES / NO shareholders /
members or their spouses conduct business with the state in the previous twelve months?
2.8.1 If so, furnish particulars:
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………...
2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family,
friend, other) with a person employed by the state and who may be involved with
the evaluation and or adjudication of this bid?
2.9.1 If so, furnish particulars.
…………………………………………………………………
…………………………………………………………………
………………………………………………………………….
2.10 Are you, or any person connected with the bidder, YES / NO aware of any relationship
(family, friend, other) between the bidder and any person employed by the state who may be
involved with the evaluation and or adjudication of this bid?
2.10.1 If so, furnish particulars.
…………………………………………………………………
…………………………………………………………………
………………………………………………………………
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2.11 Do you or any of the directors / shareholders / members of YES / NO the company
have any interest in any other related Companies whether or not they are bidding for this
contract?
2.11.1 If so, furnish particulars:
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
DECLARATION
I, THE UNDERSIGNED (NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1 ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE
GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION
PROVE TO BE FALSE.
………………………………….. ..……………………………
Signature Date
Position……………………………. Name of bidder…………………………
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2.1a – 5 Preference Points Claim Form in Terms of the Preferential
Procurement Regulations 2011(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
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,
DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2011.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable
taxes included); and
- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable
taxes included).
1.2 The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included)
and therefore the 90/10 system shall be applicable.
1.3 Preference points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contribution.
1.3.1 The maximum points for this bid are allocated as follows:
POINTS
1.3.1.1 PRICE 90
1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 10
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) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA)
or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid,
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will be interpreted to mean that preference points for B-BBEE status level of contribution are not
claimed.
1.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any
time subsequently, to substantiate any claim in regard to preferences, in any manner
required by the purchaser.
2. DEFINITIONS
2..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies;
2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad -
Based Black Economic Empowerment Act;
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;
2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an
organ of state for the provision of services, works or goods, through price quotations, advertised
competitive bidding processes or proposals;
2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic
Empowerment Act, 2003 (Act No. 53 of 2003);
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;
2.7 “consortium or joint venture” means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;
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 R5 million or less.
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;
2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid
documents, of a service or commodity that is designed to be practical and useful, working or
operating, taking into account, among other factors, the quality, reliability, viability and durability of a
service and the technical capacity and ability of a bidder;
2.12 “non-firm prices” means all prices other than “firm” prices;
2.13 “person” includes a juristic person;
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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 and promulgated in the Government Gazette on 9 February 2007;
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. ADJUDICATION USING A POINT SYSTEM
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.
4. POINTS AWARDED FOR PRICE
4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 80 or 90 points is allocated for price on the following basis:
80 / 20
(
)
or
90 / 10
(
)
Where
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Ps = Points scored for comparative
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable
5. Points awarded for B-BBEE Status Level of Contribution
5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points
must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with
the table below:
B-BBEE Status Level of
Contributor
Number of points
(90/10 system)
Number of points
(80/20 system)
1 10 20
2 9 18
3 8 16
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant contributor 0 0
5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an
Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a
Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for
the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.
5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification
certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered
Auditor approved by IRBA or a Verification Agency accredited by SANAS.
5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal
entity, provided that the entity submits their B-BBEE status level certificate.
5.5 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.
5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates
in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.
5.7 A person 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 subcontractor is an EME that has the capability and ability to execute the sub-contract.
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5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any
other enterprise that does not have an equal or higher B-BBEE status level than the person
concerned, unless the contract is sub-contracted to an EME that has the capability and ability to
execute the sub-contract.
6. BID DECLARATION
6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
following:
7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2
AND 5.1
7.1 B-BBEE Status Level of Contribution: …………. = ……………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in
paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a
Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an
Accounting Officer as contemplated in the CCA).
8 SUB-CONTRACTING
8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable)
8.1.1 If yes, indicate:
(i) what percentage of the contract will be subcontracted? ............……………….…%
(ii) the name of the sub-contractor? …………………………………………………………..
(iii) the B-BBEE status level of the sub-contractor? ……………..
(iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable)
9 DECLARATION WITH REGARD TO COMPANY/FIRM
9.1 Name of company/firm: ..........................................................................................................
9.2 VAT registration number: .......................................................................................................
9.3 Company registration number: …………………………………………………………………….
9.4 TYPE OF COMPANY/ FIRM
• Partnership/Joint Venture / Consortium
• One person business/sole propriety
• Close corporation
• Company
• (Pty) Limited
[TICK APPLICABLE BOX]
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9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
…………...............................................................................................................................................
...........………………............................................................................................................................................
........……………....................................................................................................................
9.6 COMPANY CLASSIFICATION
• Manufacturer
• Supplier
• Professional service provider
• Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
9.7 Total number of years the company/firm has been in business?………………………………
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:
(i) The information furnished is true and correct;
(ii) The preference points claimed are in accordance with the General Conditions as indicated in
paragraph 1 of this form.
(iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraph 7, the contractor may be required to furnish documentary proof to the
satisfaction of the purchaser that the claims are correct;
(iv) If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis
or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to
any other remedy it may have –
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result of that
person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result of
having to make less favourable arrangements due to such cancellation;
(d) restrict the bidder or contractor, its shareholders and directors, or only the
shareholders and directors who acted on a fraudulent basis, from obtaining
business from any organ of state for a period not exceeding 10 years, after the audi
alteram partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution
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WITNESSES:
1. ………………………………………
……………………………………
SIGNATURE(S) OF BIDDER(S)
2. ………………………………………
DATE:………………………………….
ADDRESS:……………………………
….………………………………………
………………………………………….
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2.1a – 6 Declaration of Bidders Past Supply Chain Management
Practices (SBD 8)
1 This Standard Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by institutions in ensuring that when goods and services are
being procured, all reasonable steps are taken to combat the abuse of the supply chain
management system.
3 The bid of any bidder may be disregarded if that bidder, or any of its directors
have-
a. abused the institution’s supply chain management system;
b. committed fraud or any other improper conduct in relation to such system; or
c. failed to perform on any previous contract.
4 In order to give effect to the above, the following questionnaire must be completed and submitted
with the bid.
Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s
database as companies or persons prohibited from doing business
with the public sector?
(Companies or persons who are listed on this database were
informed in writing of this restriction by the National Treasury after
the audi alteram partem rule was applied).
Yes
□
No
□
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender
Defaulters in terms of section 29 of the Prevention and Combating of
Corrupt Activities Act (No 12 of 2004)?
To access this Register enter the National
Treasury’s website, www.treasury.gov.za, click on the icon
“Register for Tender Defaulters” or submit your written request for a hard
copy of the Register to facsimile number (012) 3265445.
Yes
□
No
□
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4.2.1 If so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including
a court outside of the Republic of South Africa) for fraud or corruption
during the past five years?
Yes
□
No
□
4.3.1 If so, furnish particulars:
4.4
Was any contract between the bidder and any organ of state terminated
during the past five years on account of failure to perform on or comply
with the contract?
Yes
□
No
□
4.4.1 If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)………………………………………………… CERTIFY THAT THE
INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY
BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………………... ….…………………………..
Signature Date
………………………………………. ……..………………………..
Position Name of Bidder
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2.1a – 7 Certificate of Independent Bid Determination (SBD 9)
I, the undersigned, in submitting the accompanying bid:
_______________________________________________________________________
(Bid Number and Description)
in response to the invitation for the bid made by:
_______________________________________________________________________
(Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of:_______________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true
and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid,
on behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the
bidder to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word
“competitor” shall include any individual or organization, other than the bidder, whether or not
affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation,
based on their qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in
the same line of business as the bidder
6. The bidder has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor.
However communication between partners in a joint venture or consortium will not be construed as
collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been regarding:
(a) prices;
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(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of the bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements with
any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of
the products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly
or indirectly, to any competitor, prior to the date and time of the official bid opening or of the
awarding of the contract.
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
³ Joint venture or Consortium means an association of persons for the purpose of combining
their expertise, property, capital, efforts, skill and knowledge in an activity for the execution
of a contract.
………………………………………... ….…………………………..
Signature Date
………………………………………. ……..………………………..
Position Name of Bidder
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2.1a – 8 Original Tax Clearance Certificate
[Valid original Tax Clearance Certificate obtained from SARS to be inserted here]
IMPORTANT NOTES:
1. The following is an abstract from the Preferential Procurement Regulations 2001 promulgated with the
Preferential Policy Framework Act No 5 of 2000:
"Tax clearance certificate”
16. No contract may be awarded to a person who has failed to submit an original Tax Clearance
Certificate from the South African Revenue Service (“SARS”) certifying the taxes of that person to be
in order or that suitable arrangement have been made with SARS."
2. The ST 5.1 form: Application for Tax Clearance Certificate (in respect of tenders), must be completed
by the tenderer in every detail and submitted to the Receiver of Revenue where the tenderer is
registered for income tax purposes. The Receiver of Revenue will then furnish the tenderer with a Tax
Clearance Certificate that will be valid for 6 months from date of issue, unless otherwise
indicated on the certificate issued by SARS. This Tax Clearance Certificate must be submitted
in the original as an integral part of the tender.
Each party to a Consortium / Joint Venture / Sub-contractors must complete a separate Tax Clearance
Certificate.
Failure to submit an original valid Tax Clearance Certificate will inevitably invalidate the tender.
3. An example of the Application for Tax Clearance Certificate which Tenderers may use to apply for the
Tax Clearance Certificate is included hereafter and is available at any Receiver's Office.
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2.1a – 9 Owner/Director Registration and Qualification
[Original certified copy of the owner/director’s registration and qualification to be inserted
here]
Attached hereto is the original certified copy of the owner/director’s registration and qualification.
Failure to submit a valid proof of the relevant registration and qualification of at least one of the
owners/directors (Systems Engineering / Business Analysis / Industrial Engineering / Value
Engineering) with the tender offer will lead to disqualification.
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2.1a – 10 Key person’s Professional Project Management Registration
[Original certified copy of at least one of the key person’s Professional Project Management
Registration to be inserted here]
Attached hereto is the original certified copy of at least one of the key person’s Professional Project
Management Registration. Failure to submit a valid proof of the foresaid documentation will lead to
disqualification.
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2.1a – 11 COIDA or Letter from the Department of Labour
[Original certified copy of the COIDA certificated or Letter from the Department of Labor to be
inserted here]
Attached hereto is the original certified copy of the COIDA certificated or Letter from the Department of
Labor. Failure to submit a valid proof of the foresaid documentation will lead to disqualification.
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2.1a – 12 Company Registration
[Original certified copy of the company registration to be inserted here]
Attached hereto is the original certified copy of the company registration. Failure to submit a valid
proof of the foresaid documentation will lead to disqualification.
Tender Number: IDT-NAT-PPMIS-PM01
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2.1a – 13 Notarised Join Venture or Consortium Agreement
[Copy of the Notarized Join Venture or Consortium Agreement to be inserted here, if
applicable]
Attached hereto is the Copy of the Notarized Join Venture or Consortium Agreement. Failure to submit
a valid proof of the foresaid documentation will lead to disqualification. (if applicable)
Tender Number: IDT-NAT-PPMIS-PM01
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2.1a – 14 List of all shareholders/directors with original certified copies
of their IDs
[List of all shareholders/directors of the company or the consortium/joint venture with the
original certified copy of shareholders/director’s ID to be inserted here]
Attached hereto is the List of all shareholders/directors of the company or the consortium/joint venture
with the original certified copy of shareholders/director’s ID. Failure to submit the foresaid
documentation will lead to disqualification.
Tender Number: IDT-NAT-PPMIS-PM01
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2.1b – 1 Financial Offer of PPMIS (Phase 2)
Bidders are required to provide Financial Offer as per table below based on the detailed scope of work
specified under section 3.3 below. Failure to submit the detailed financial offer for the life circle of the project
will lead to disqualification.
Stage Description Total Hours
allocated
Cost
(Excluding Vat))
Stage 1: Inception
Stage 2: Confirm Functional Specifications
Stage 3:
Develop Technical Specifications and
preliminary advice on Technical
Solution
Stage 4: Viability of Recommended Technical
Solutions
Stage 5: Procurement of Technical Solution
Stage 6: Implementation and Commissioning of
PPMIS
Stage 7: Closure
Disbursements Latest DPW rates table applicable
Total
In the event where additional professional services are required, on top and above the scope specified under
section 3.3 below, the IDT will only accept as hourly rates, the latest DPW hourly rates applicable.
Signed Date
Name Position
Tenderer
Company
Registration
Number
Tender Number: IDT-NAT-PPMIS-PM01
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2.1c – 1 B-BBEE (Broad Black Economic Empowerment)
[A Valid Original or Original certified copy of the B-BBEE certificate to be inserted here]
Attached hereto is the original or original certified copy of the B-BBEE Certificate issued by a
verification agency accredited by SANAS/ IRBA accredited verification Agency. Failure to submit the
foresaid documentation will result in loosing points under the evaluation process in terms of B-BBEE
status.
Bidders tendering as joint ventures / consortiums are required to submit an original consolidated B-
BBEE certificate from a SANAS accredited verification agency in order to qualify for points for the B-
BBEE status level.
Tender Number: IDT-NAT-PPMIS-PM01
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2.1c – 2 Company Experience
The Tenderer shall provide details of his relevant experience on similar scale projects above implemented in the past 5 years. In support tendreres are to
complete the “Project Experience” schedule below and attach thereto copies of (a) Letters of Appointment, and (b) all the relevant Completion Certificates
PROJECT NAME BRIEF PROJECT
DESCRIPTION
Client Details PROJECT VALUE
(Including VAT) START DATE
COMPLETION DATE Name Telephone Email
A
B
C
D
E
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2.1c – 3 Clients Reference on Similar Projects
The Tenderer shall provide client reference letter detailing the tenderer performance on each of the previous
projects listed in the “Relevant Experience” returnable schedule. “Client Reference” should be issued by
each of the respective Clients in the client letter heads for the projects listed in the “Relevant Experience”
returnable schedule.
The following information should be included in the Clients Reference Letter for each project:
.... Project Name
.... Project Scope
.... Project Cost
.... Project Duration
Performance Evaluation of the tenderers
... Any other remarks considered necessary to assist in evaluation of the tenders
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2.1c – 4 CVs of Proposed Key Persons, Qualifications & Competencies
of Key Staff
Please describe the management arrangements for the required scope.
You are requested to include:
1. An organisation chart showing the operational and management structure for the project.
2. CVs proposed programme team. Each CV shall attached proof of professional registrations and proof of
qualification (both documents should be original certified copies)
3. Details of the location (and functions) of offices from which the works/services will be managed.
Summary of items attached to this Schedule:
Signed Date
Name Position
tenderer
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2.1c – 5 Original Certified Copies of Qualifications of the Key Personnel
[Original certified copy of key personnel qualifications to be inserted here]
Attached hereto is the original certified copy of the key personnel qualifications. Failure to submit the
foresaid documentation will result in loosing points under the evaluation process in terms of
functionality/quality requirements.
Tender Number: IDT-NAT-PPMIS-PM01
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2.1c – 6 Original Certified Copies of Professional Registration Certificate
of the Key Personnel
[Original certified copy of key personnel professional registrations to be inserted here]
Attached hereto is the original certified copy of the key personnel qualifications. Failure to submit the
foresaid documentation will result in loosing points under the evaluation process in terms of
functionality/quality requirements.
Bidders with professional certification in addition to those mentioned previously, within the Built
Environment will be considered favourably. (i.e. Pr. Arch, Pr. Eng (Civil, Structural, etc.)
Tender Number: IDT-NAT-PPMIS-PM01
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2.1c – 7 Approach and Methodology
[Specific Approach and Methodology proposal to be inserted here]
Attached hereto is the Specific Approach and Methodology proposal for the implementation of the
Programme/Project Management Information Systems (PPMIS) Phase 2. Failure to submit an
adequate Approach and Methodology proposal will result in loosing points under the evaluation
process in terms of functionality/quality requirements.
Tender Number: IDT-NAT-PPMIS-PM01
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2.1c – 8 Project Schedule
[Specific Project Schedule to be inserted here]
Attached hereto is the Specific Project Schedule proposal for the implementation of the
Programme/Project Management Information Systems (PPMIS) Phase 2. Failure to submit an
adequate Specific Project Schedule proposal will result in loosing points under the evaluation
process in terms of functionality/quality requirements.
Tender Number: IDT-NAT-PPMIS-PM01
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3. SCOPE OF WORK OF PPMIS PHASE 2
Tender Number: IDT-NAT-PPMIS-PM01
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3.1 Background
In the last 10 years, the IDT has seen significant growth in the value of programme related works it
executes on behalf of various clients departments. The IDT has determined that the Information Systems
currently in use to support Programme Management are inadequate.
In an effort to achieve efficiency and to meet the demand as set out, the IDT needed to implement the
proposed Programme Management Information System (PPMIS). The PPMIS will focus on the
improvement and integration of all programme management related systems and processes.
A Programme Management software package and Information Management System which are
compatible with the business demands faced by the IDT must be procured and developed.
3.2 Status Quo
The IDT has structured the project in four phases which are defined as indicated in Figure 1
Figure 1: PPMIS Life Cycle
The current status quo of each phase is specified below:
Phase 0: Needs Analysis and System Review
This phase entailed holding workshops with all role-players in programme delivery in the
IDT and the identification of all systems currently utilised. The stage is complete.
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Phase 1: Development of Functional Specification
This stage involved the review, development and mapping of the business processes in
programme delivery in the IDT and development of the functional specification that will
inform the development of the information system. The stage is incomplete pending the
drafting of the necessary templates.
Phase 2: System Development and Procurement
THIS PHASE HAS NOT STARTED AND REQUIRED THE SERVICES OF THE
PROFESIONAL SERVICE PROVIDER ENTITY THAT WILL BE APPOINTED
Phase 3: System Maintenance
This phase has not started and is subjected to completion of Phase 2
3.3 Detailed Scope of Work
Professional Service Provider are required to provide the Project Management Services from inception
to closure in line with guideline scope listed below and also in line with the ten (10) project management
areas specified in the PMBOK edition five.
The PPPMIS deliverables shall be aligned to the current IDT governance structure, the National
Treasure Regulations, Preferential Procurement Policy Framework Act (PPPFA), the Infrastructure
Delivery Management System (IDMS) the Standard for infrastructure Procurement and Delivery
Management (SIPDM), the Construction Industry Development Board (CIDB) act and the 47 processes
specified across the 10 management areas of the PMBOK edition five.
At high level, the scope of work expected on each stage of the project will be as follows:
Stage 1: Inception
Receive, appraise and report on client’s requirements with regard to the following:
− Project brief
− Project management charter
− Advice on other matters that could influence project life cycle cost significantly.
− Develop Project Schedule Baseline
Deliverable:
Project Charter
Project Plan (Integration Management Plan)
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Stage 2: Review of Functional Specifications
Stage two (2) includes the process of managing and administering the Confirmation of Functional
Specifications for the PPMIS, including preparation and coordination of the necessary documentation to
facilitate the effective operation of an integrated PPMIS. This stage comprises but not limited to the
following activities and deliverables:
− Assess, realign and validate the current Functional Specification in line with the developed
Business Process according to best practice.
− Document final Business Process
− Develop Business Process Procedure Manuel
− Document final Functional Specification
Deliverables:
Final Business Processes
Business Process Procedure Manuel
Final Functional Specification
Stage 3: Develop Technical Specifications and preliminary advice on Technical Solution
Stage three (3) includes the process of managing and administering the Development of Technical
Specifications for the PPMIS, including preparation and coordination of the necessary documentation to
facilitate the effective operation of an integrated PPMIS. This stage comprises but not limited to the
following activities and deliverables:
− Manage engagement with various stakeholders.
− Develop the Technical Specification.
− Validated the technical Specification in line with the Functional Specification.
− Document final technical Specification.
− Conduct preliminary investigation of potential Technical Solutions and provide high level cost
estimated.
− Provide updated cost estimated of the configuration and/or development of the proposed solution
based on the final technical specification.
− Manage approval from the client.
Deliverables:
Final Technical Specification
Proposed Technical Solutions
Benchmark report on available Technical Solutions
Preliminary report on potential Technical Solutions cost estimate
Approval from the client
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Stage 4: Viability of Recommended Technical Solutions
Stage four (4) includes the process of managing and administering the Feasibility of recommended
Technical Solutions for the PPMIS, including preparation and coordination of the necessary
documentation to facilitate the selection of technical solution to achieve effective operation of an
integrated PPMIS. This stage comprises but not limited to the following activities and deliverables:
− Facilitate viability study of Technical Solutions.
− Submit the viability report with cost estimate and recommendation of Technical Solution.
− Manage engagement with various stakeholders.
− Manage approval from the client.
Deliverables:
Detailed Benchmark report on recommended Technical Solution/s
Feasibility Study of Technical Solution
Cost estimate of recommended Technical Solution/s
Approval from client
Stage 5: Procurement of Technical Solution
Stage five (5) includes the process of managing and administering the procurement of technical
Solution for the PPMIS, including preparation and coordination of the necessary documentation to
facilitate the effective operation of the procurement process. This stage comprises but is not limited to
the following activities and deliverables:
− Manage Procurement Process of Technical Solution
− Develop detailed procurement plan
− Develop Tender Documentation for procurement of Services Provider.
− Manage approval of Tender Document from the client.
− Advise various IDT Bid Committees (BSC, BEC)
− Address Bidders queries.
− Assist IDT with the Signing of the Contractual Documentation.
Deliverables:
Tender Document
Procurement Plan
Bid Specification Committee (BSC) documentation.
Bid Evaluation Committees (BEC) documentation.
Appointed Service Provider
Signed Contract between IDT & Technical Solution Services Provider
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Stage 6: Implementation and Commissioning of PPMIS
This includes the process of managing and administering the implementation and commissioning of the
PPMIS, including preparation and coordination of the necessary documentation to facilitate the effective
operation of an integrate systems. This comprises but is not limited to the following activities and
deliverables:
− Manage development and implementation of PPMIS (Systems)
− Evaluate and Monitor performance of the service provider
− Administrate the contract between the IDT and the Service Provider
− Manage the payment certification of the Service Provider
− Monitor the ongoing projects insurance requirements
− Monitor delays and extension of time.
− Manage scope, time, budget and quality required.
− Manage and monitor timeous submission and approvals required by the Services Provider
− Manage communication with various stakeholders (internal and external)
− Submit progress reports
− Testing of the System (PPMIS)
− Commissioning of the System (PPMIS)
− Manage development
− Manage Training to the selected IDT personnel
Deliverables
Updated Project Plan
Training plan
Training Manuals
Testing Reports
Integrated and Functional PPMIS deployed
Stage 7: Closure
This includes the process of managing and administering project close out, including preparation and
coordination of the necessary documentation to facilitate the effective operation of the project. This
comprises but is not limited to the following activities and deliverables:
− Develop Lesson Learn Report
− Manage the signing of the System Hand Over and Maintenance Plan
− Manage handover of the system design and coding (if applicable)
− Manage Project Final Account
− Develop Close-Out report
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Deliverable:
Lesson Learn Report
Signed Hand Over and Maintenance Plan for the System
System design and coding
Project Final Account
Close-Out report
Attention is required in the following areas but may not be limited accordingly:
Cost Reporting on a regular basis, monthly and as and when required by the client
Manage and provide reporting in conjunction with the Technical Solution Service Provider as
required by the client.
Manage change of scope if required.
Monitor time, scope, budget and quality
Ensure effective management of the Technical Solution Service Provider.
Effective records and information management
Ensure full compliance with applicable legislation and regulations
Manage all project documentation and information required
Manage Monthly meeting with IDT
Ensure contractual meetings take place on schedule
Submit Project Report monthly and as requested by the client
Manage all stakeholder engagements
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4. CONTRACT DATA
5.1 The appointed Professional Services Provider entity will enter into a Services Level
Agreement (SLA) with the employer (IDT).
5.2 The terms of the contract that will be signed between the parties have been stipulated under
Annexure B “Service Level Agreement” and under section 4 “Contract Data” of this
Tender Document
5.3 The engagement with the Professional Services Provider entity will be for the full scope of the
PPMIS project phase two (2) as specified in section 3.3 above; however the IDT will reserve
the right to terminated the contractual engagement with the Project Management entity at the
end of each stage, in the event that the project is put on hold or cancelled.
5.4 The IDT will pay the Professional Services Provider entity for the work done. In the event
where the project is put on hold or cancelled, the IDT will not be liable for any payments
related to the remaining work not implemented by the Professional Services Provider entity.
5.5 Disbursement cost will however be adjusted from time to time in line with applicable guideline
scope of services and tariff of fees for respective profession.
5.6 In the event where additional professional services are required, on top and above the scope
specified under section 3.3 below, the IDT will only accept as hourly rates, the latest DPW
hourly rates applicable.
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5. ANNEXURE:
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ANNEXURE A: Independent Development Trust Standard Conditions of Tender
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INDEPENDENT DEVELOPMENT TRUST
STANDARD CONDITIONS OF TENDER
JANUARY 2015
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1 General
Actions
1. The Independent Development Trust, Independent Development Trust's
Representative and each tenderer submitting a tender shall act as stated
in these Conditions of Tender and in a manner which is fair, equitable,
transparent, competitive and cost-effective.
The Conditions of Tender and the Tender Data shall not form part of any
contract arising from this invitation to tender.
Communication 2. Each communication between the Independent Development Trust and a
tenderer shall be to or from Independent Development Trust's
Representative only, and in a form that can be read, copied and
recorded. Communication shall be in the English language. The
Independent Development Trust takes no responsibility for non-receipt of
communications from or by a tenderer.
Independent
Development
Trust's rights to
accept or reject
any tender
3. The Independent Development Trust may accept or reject any variation,
deviation, tender, or alternative tender, and may cancel the tender
process and reject all tenders at any time prior to the formation of a
contract. The Independent Development Trust or Independent
Development Trust's Representative will not accept or incur any liability
to a tenderer for such cancellation and rejection, but will give reasons for
the action. The Independent Development Trust reserves the right to
accept the whole of any part of any tender.
4. After the cancellation of the tender process or the rejection of all tenders
the Independent Development Trust may abandon the proposed work
and services, have it performed in any other manner, or re-issue a
similar invitation to tender at any time.
2 Tenderer's obligations
The tenderer shall comply with the following obligations when submitting a
tender and shall:
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Eligibility 1 Submit a tender only if the tenderer complies with the criteria stated in the
Evaluation Criteria.
Cost of tendering 2 Accept that the Independent Development Trust will not compensate the
tenderer for any costs incurred in the preparation and submission of a
tender.
Check documents 3 Check the tender documents on receipt, including pages within them, and
notify the Independent Development Trust's Representative of any
discrepancy or omissions.
Copyright of
documents
4 Use and copy the documents provided by the Independent Development
Trust only for the purpose of preparing and submitting a tender in response
to this invitation.
Standardised
specifications and
other publications
5 Obtain, as necessary for submitting a tender, copies of the latest revision of
standardised specifications and other publications, which are not attached
but which are incorporated into the tender documents by reference.
Acknowledge
receipt
6 Preferably complete the Receipt of invitation to submit a tender form
attached to the Invitation and return it within five days of receipt of the
invitation.
7 Acknowledge receipt of Addenda to the tender documents, which
Independent Development Trust's Representative may issue, and if
necessary apply for an extension to the deadline for tender submission, in
order to take the Addenda into account.
Site visit and / or
clarification
meeting
8 Attend a site visit and/or clarification meeting at which tenderers may
familiarise themselves with the proposed work, services or supply, location,
etc. Details of the meeting are stated in the Tender Advert.
Seek clarification 9 Request clarification of the tender documents, if necessary, by notifying
Independent Development Trust's Representative earlier than the closing
time for clarification of queries.
Pricing the tender 10 Include in the rates, prices, and the tendered total of the prices (if any) all
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duties, taxes (except VAT), and other levies payable by the successful
tenderer. Such duties, taxes and levies are those applicable 14 days prior to
the deadline for tender submission.
11 Show Value Added Tax (VAT) payable by Independent Development Trust
separately as an addition to the tendered total of the prices.
12 Provide rates and prices that are fixed for the duration of the contract and not
subject to adjustment except as provided for in the conditions of contract.
13 State the rates and Prices in South African Rand unless instructed otherwise
as an additional condition in the Tender Data. The selected conditions of
contract may provide for part payment in other currencies.
Alterations to
documents
14 Cannot make any alterations or additions to the tender documents, except to
comply with instructions issued by the Independent Development Trust's
Representative or if necessary to correct errors made by the tenderer. All
such alterations shall be initialled by all signatories to the tender.
Corrections may not be made using correction fluid, correction tape or the
like.
Alternative tenders 15 Submit alternative tenders only if a main tender, strictly in accordance with all
the requirements of the tender documents is also submitted. The alternative
tender is submitted with the main tender together with a schedule that
compares the requirements of the tender documents with the alternative
requirements the tenderer proposes.
16 Accept that an alternative tender may be based only on the criteria stated in
the Tender Data and as acceptable to Independent Development Trust.
Submitting a
tender
17 Submit a tender for providing the whole of the works, services or supply
identified in the Terms of Reference unless stated otherwise as an additional
condition.
19 Submit the tender as an original plus and provide an English translation for
documentation submitted in a language other than English. Tenders may not
be written in pencil but must be completed in ink.
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20 Sign the original and all copies of the tender where indicated. Independent
Development Trust will hold the signatory duly authorised and liable on
behalf of the tenderer.
21 Accept that Independent Development Trust will not assume any
responsibility for the misplacement or premature opening of the tender if the
outer package is not sealed and marked as stated.
Note:
Independent Development Trust prefers not to receive tenders by post, and
takes no responsibility for delays in the postal system or in transit within or
between Independent Development Trust offices.
Where tenders are sent per fax, Independent Development Trust takes no
responsibility for difficulties in transmission caused by line or equipment
faults.
Where tenders are sent via courier, Independent Development Trust takes
no responsibility for tenders delivered to any other site than the tender office.
Independent Development Trust employees are not permitted to deposit a
tender into the Independent Development Trust tender box on behalf of a
tenderer.
Closing time 22 Ensure that Independent Development Trust has received the tender at the
address and in the tender box or fax specified in the Tender Advert no later
than the deadline for tender submission. Proof of posting will not be taken by
Independent Development Trust as proof of delivery. Independent
Development Trust will not accept a tender submitted telephonically, E-mail
or by telegraph unless stated otherwise in the Tender Data.
23 Accept that, if Independent Development Trust extends the deadline for
tender submission for any reason, the requirements of these Conditions of
Tender apply equally to the extended deadline.
Tender validity 24 Hold the tender(s) valid for acceptance by Independent Development Trust
at any time within the validity period after the deadline for tender submission.
25 Extend the validity period for a specified additional period if Independent
Development Trust requests the tenderer to extend it. A tenderer agreeing
to the request will not be required or permitted to modify a tender, except to
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the extent Independent Development Trust may allow for the effects of
inflation over the additional period.
Clarification of
tender after
submission
26 Provide clarification of a tender in response to a request to do so from
Independent Development Trust's Representative during the evaluation of
tenders. This may include providing a breakdown of rates or Prices. No
change in the total of the Prices or substance of the tender is sought, offered,
or permitted except as required by Independent Development Trust's
Representative to confirm the correction of arithmetical errors discovered in
the evaluation of tenders. The total of the Prices stated by the tenderer as
corrected by Independent Development Trust's Representative with the
concurrence of the tenderer, shall be binding upon the tenderer
Submit bonds,
policies etc.
27 If instructed by Independent Development Trust's Representative (before the
formation of a contract), submit for Independent Development Trust's
acceptance, the bonds, guarantees, policies and certificates of insurance
required to be provided by the successful tenderer in terms of the conditions
of contract.
28 Undertake to check the final draft of the contract provided by Independent
Development Trust's Representative, and sign the contract all within the time
required by these Conditions of Tender. The Independent Development Trust
to sign and issue the contract.
Fulfil BEE
requirements
29 Comply with Independent Development Trust’s requirements regarding B-
BBEE, Youth-owned, Disabled-owned and Black Women-owned Suppliers.
3 Independent Development Trust's undertakings
Independent Development Trust, and Independent Development Trust's
Representative, shall:
Respond to
clarification
1 Respond to a request for clarification received earlier than the closing time
for clarification of queries. The response is notified to all tenderers.
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Issue Addenda 2 If necessary, issue to each tenderer from time to time during the period from
the date of the Invitation until the closing time for clarification of queries,
Addenda that may amend, amplify, or add to the tender documents. If a
tenderer applies for an extension to the deadline for tender submission, in
order to take Addenda into account in preparing a tender, Independent
Development Trust may grant such an extension and Independent
Development Trust's Representative shall notify the extension to all
tenderers.
Return late
tenders
3 Tenders will be deemed late if they are not in the designated tender box at
the date and time stipulated as the deadline for tender submission.
Tender opening 4 Open the tenders in the presence of the tenderers’ representatives who
choose to attend at the time and place stated in the Tender Data. Tenders
for which an acceptable notice of withdrawal has been submitted will not be
opened.
Non-disclosure 5 Not disclose to tenderers, or to any other person not officially concerned with
such processes, information relating to the evaluation and comparison of
tenders and recommendations for the award of a contract.
Grounds for
rejection
6 Consider rejecting a tender if there is any effort by a tenderer to influence the
processing of tenders or contract award.
Disqualification 7 Instantly disqualify a tenderer (and his tender) if it is established that the
tenderer offered an inducement to any person with a view to influencing the
placing of a contract arising from this invitation to tender.
Test for
responsiveness
8 Determine before detailed evaluation, whether each tender properly received
meets the requirements of these Conditions of Tender,
has been properly signed, and
Is responsive to the requirements of the tender documents.
9 Judge a responsive tender as one which conforms to all the terms,
conditions, and specifications of the tender documents without material
deviation or qualification. A material deviation or qualification is one which,
in Independent Development Trust's opinion would
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detrimentally affect the scope, quality, or performance of the works,
services or supply identified in the Contract Data,
change Independent Development Trust's or the tenderer's risks and
responsibilities under the contract, or
affect the competitive position of other tenderers presenting responsive
tenders, if it were to be rectified.
Non-responsive
tenders
10 Reject a non-responsive tender, and not allow it to be subsequently made
responsive by correction or withdrawal of the non-conforming deviation or
reservation.
Arithmetical errors 11 Check responsive tenders for arithmetical errors, correcting them as follows:
Where there is a discrepancy between the amounts in figures and in
words, the amount in words shall govern.
If a bill of quantities applies and there is a discrepancy between the rate
and the line item total, resulting from multiplying the rate by the quantity,
the rate as quoted shall govern. Where there is an obviously gross
misplacement of the decimal point in the rate, the line item total as
quoted shall govern, and the rate will be corrected.
Where there is an error in the total of the Prices, either as a result of
other corrections required by this checking process or in the tenderer's
addition of prices, the total of the Prices, if any, will be corrected.
12 Reject a tender if the tenderer does not accept the corrected total of the
Prices (if any).
Evaluating the
tender
13 Evaluate responsive tenders in accordance with the procedure stated in the
Evaluation Criteria. The evaluated tender price will be disclosed only to the
relevant Independent Development Trust tender committee and will not be
disclosed to tenderers or any other person.
Clarification of a
tender
14 Obtain from a tenderer clarification of any matter in the tender which may not
be clear or could give rise to ambiguity in a contract arising from this tender if
the matter were not to be clarified.
Acceptance of
tender
15 Notify the Independent Development Trust's acceptance to the successful
tenderer before the expiry of the validity period, or agreed additional period.
Providing the notice of acceptance does not contain any qualifying
Tender Number: IDT-NAT-PPMIS-PM01
TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR PPMIS PHASE 2
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statements, it will constitute the formation of a contract between Independent
Development Trust and the successful tenderer.
Notice to
unsuccessful
tenderers
16 After the successful tenderer has acknowledged Independent Development
Trust’s notice of acceptance, unsuccessful tenderers must consider their
tenders unsuccessful if not contacted one month after date of tender closure.
Prepare contract
documents
17 Revise the contract documents issued by Independent Development Trust as
part of the tender documents to take account of
Addenda issued during the tender period,
inclusion of some of the tender returnables, and
Other revisions agreed between Independent Development Trust and the
successful tenderer, before the issue of the Independent Development
Trust's notice of acceptance (of the tender).
Issue final
contract
18 Issue the final contract documents to the successful tenderer for acceptance
within one week of the date of Independent Development Trust's notice of
acceptance.
Sign Contract 19 Arrange for authorised signatories of both parties to complete and sign the
original contract. If either party requires the signatories to initial every page
of the contract documents, the signatories for the other party comply with the
request.
Provide copies of
the contracts
20 Provide to the successful tenderer one copy of the contract on the date of
Independent Development Trust's acceptance of the tender.
ANNEXURE B: Service Level Agreement
Tender Number: IDT-NAT-PPMIS-PM01
TECHNICAL ADVICE AND PROJECT MANAGEMENT SERVICES FOR PPMIS PHASE 2
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SERVICE LEVEL AGREEMENT
made and entered into by and between
THE INDEPENDENT DEVELOPMENT TRUST
TRUST NUMBER: 669/91
_________________________________________
_______________________________________
(Hereinafter referred to as “the IDT”)
and
Company Name
Registration Number: _______
Herein represented by _____________________________ in his capacity as the
__________________________, duly authorised
(Hereinafter referred to as “the Service Provider”)
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PREAMBLE:
WHEREAS the Independent Development Trust (IDT) is a Schedule 2 Major Public Entity, a
Government Development Agency governed by its Deed of Trust, the Public Finance Management Act
(Act No. 1 of 1999), as amended by Act of No. 29 of 1999 (PFMA) and other relevant legislative
frameworks, reporting to Parliament through Ministry of Public Works;
WHEREAS the IDT remuneration framework has not been reviewed since 2002. Changes within the
Organization and in the Operating environment necessitate a review of the existing framework to ensure
that the Organization’s remuneration approach is aligned to the market and is consistent with public
sector remuneration;
WHEREAS the IDT wish to appoint a qualified and experienced service provider to develop
Remuneration Strategy, Framework and Policy to guide the remunerating philosophy, approach and
practices of the Organisation;
AND WHEREAS the Service Provider is prepared and has the necessary experience and expertise to
provide the services as independent audit firm, as stipulated in this Agreement.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. INTERPRETATION AND DEFINITION
1.1 INTERPRETATION
In this Agreement, unless the context otherwise indicates:-
1.1.1 The headings to clauses of this Agreement are inserted for reference
purposes only and shall not govern or affect the interpretation thereof;
1.1.2 Any annexure to this Agreement will form an integral part hereof and words
and expressions defined in this Agreement shall bear, unless the context
otherwise requires, the same meaning in such annexure;
1.1.3 Unless the context clearly indicates a contrary intention, words importing the
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singular shall include the plural and vice versa;
1.1.4 references to any one gender shall include the other gender and any
reference to a natural person shall include a legal persona and vice versa;
1.1.5 Where the day on or by which anything is to be done is not a business day, it
shall be done on or by the first business day thereafter; and
1.1.6 where any number of days is prescribed in this Agreement, these shall be
reckoned as calendar days, exclusively of the first, inclusively of the last day,
unless the last day falls on a weekend or on a public holiday, in which case the
last day shall be the next succeeding day which is not a weekend or a public
holiday.
1.2 DEFINITIONS
Unless the context indicates otherwise, the following expressions shall bear the
meanings assigned to them and cognate expressions shall bear corresponding
meanings:
1.2.1 "the Agreement" means this Agreement, Service Provider’s Proposal, Terms
of Reference and Non-Disclosure Agreement;
1.2.2 “Effective Date” means, notwithstanding the signature date, 19th March 2016;
1.2.3 “Confidential Information” means information disclosed by the Disclosing
Party that (a) relates to the Disclosing Party’s past, present or future research,
development, business activities, products, services and technical knowledge,
and (b) either has been identified in writing as confidential or is of such a nature
(or has been disclosed in such a way) that it should be obvious to the other
Party that it is claimed as confidential. As used herein, the Party disclosing
Confidential Information is referred to as the “Disclosing Party” and the Party
receiving the Confidential Information is referred to as the “Recipient” or “the
Receiving Participant;
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1.2.4 “Intellectual Property” means intellectual property relating to this Agreement in
the form of any and all technical or commercial information, including, but not
limited to the following: specifications and formulae; know-how, data, systems
and processes; production methods; trade secrets; undisclosed inventions,
financial and marketing information; as well as registered or unregistered
intellectual property in the form of patents, trade- marks, designs, and copyright
in any works, including literary works or computer software programs;
1.2.5 “Project” means development of the Remuneration Strategy, Framework and
Policy, as detailed in the Terms of Reference and Service Provider’s proposal;
1.2.6 “Project Execution Plan” means the approach and methodology contained in
the Service Provider’s proposal and Detailed Execution Plan annexed hereto as
annexure C;
1.2.7 “Project Funds” means the approved professional fees for the execution of the
project;
1.2.8 “Termination Date” means 30th May 2016;
1.2.9 “VAT” means value-added tax as contemplated in the Value-Added Tax Act’
No 89 of 1991.
2. APPOINTMENT
2.1 The IDT hereby appoints the Service Provider as an independent contractor to execute
the project.
2.2 The Service Provider acknowledges that, notwithstanding any of the IDT’s actions, on
expiry of this agreement the Service Provider will have no expectation of an extension of
whatsoever nature of this agreement.
2.3 The IDT shall co-operate and timeously provide the Service Provider with information
that may be reasonably required for the provision of the Service Provider’s services.
This must exclusively be used for the services as stipulated in this agreement.
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2.4 The Service Provider shall at all times exercise professional and reasonable skill, care
and diligence in the execution of its services under this contract.
2.5 The Service Provider shall perform such other duties, related to this agreement, as may
from time to time be determined by the IDT.
2.6 The Parties agree that the relationship between them will be that of an independent
contractor and the IDT in no way intends an employer/ employee relationship to arise
out of this contract. The provisions of the Labour Relations Act and the Basic Conditions
of Employment Act will not be applicable to this relationship.
3. SCOPE OF WORK
3.1 The scope of work shall include, but not limited to:-
3.1.3 the development of a Remuneration Strategy, Framework and Policy to guide the
remuneration philosophy, approach and practices of the organisation. Such
Strategy, Framework and Policy should, among others be based on:-
3.1.3.1 instructive market research in relation to similar or comparative
Organisations and take into account the IDT’s own context, strategy and
aspirations;
3.1.3.2 a comparative analysis between the proposed IDT remuneration
framework, similar public sector entities and the public service
remuneration framework; and
3.1.3.3 the proposed remuneration strategy and framework taking into account
the considerations for the IDT to be rescheduled into a Schedule 3A
Public Entity.
4. DELIVERABLES
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The Service Provider must deliver the following deliverables by 30th April 2016:-
4.1 a report based on market research covering remuneration practices and frameworks of
similar or comparative organisations taking into account both 3A and Schedule 2 Public
Entities;
4.2 IDT’s Remuneration Strategy;
4.3 IDT’s Remuneration Framework;
4.4 IDT’s Remuneration Policy.
4.5 a report comparing the IDT’s Remuneration Framework with the public service and private
sector remuneration frameworks and practices, and providing a rationale for differences;
and
4.6 IDT’s remuneration scale and a migration or implementation plan for the recommended
remuneration scale.
5. DESIGNATED REPRESENTATIVE
5.1 The SERVICE PROVIDER shall report the daily operational matters of the implementation
process to the Senior Manager- CSU Executive Support, Ms Samkelisiwe Mtshali.
Email: [email protected],
Tel: (012) 845 2169.
5.2 For strategic matter, the SERVICE PROVIDER shall report to the Executive Head-CSU:-
Email: [email protected],
Tel: (012) 845 2077.
5.3 The Service Provider hereby appoint Mr Raun Dylan Murray Smythe, Managing
Director-Human Capital, as a designate person to act as the representatives and who shall
have complete authority to receive instructions and to give information to the IDT on behalf
of the Service Provider.
Email: [email protected],
Tel: (011) 026 3442.
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6. CO-OPERATION WITH OTHERS
6.1 The IDT may at its costs and in its own discretion engage such other Service Providers and
specialists as may be necessary for the execution of services supplementary to those
contained in this agreement.
4.2 The Service Provider shall execute its services, duties and obligations in terms of this
agreement in conjunction with any other Service Providers, IDT employees or other
persons and institutions which are providing services to the IDT.
4.3 The Service Provider shall only be responsible for its own performance and the
performance of its employees and/or specialists who have specifically been appointed by
the Service Provider to assist it with its services in terms of the agreement.
7. MANAGEMENT OF SCOPE CHANGE
7.1 On becoming aware of any matter which shall materially change or has changed timing of
the Service Provider obligations, the Service Provider must give immediate written notice
thereof to the IDT.
7.2 In the event the Service Provider identifies a need for a scope change, the Service Provider
will quantify the costs and submit the same to the IDT for consideration and written
approval.
7.3 The scope change will be considered by the IDT within 10 (ten) days of submission or
within any reasonable time, by the Service Provider.
7.4 The scope change shall only be valid, if communicated by the authorised representative of
the IDT to the Service Provider in writing.
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7.5 The IDT shall not be liable for the performance of additional services without the necessary
written approval as indicate in paragraph 5.4 above.
8. COMMENCEMENT AND DURATION
8.1 This Agreement will commence on the effective date and shall terminate on the termination
date, where after the Parties may renew this Agreement for such period of time and on
such additional terms and conditions as may be negotiated between them and agreed in
writing, unless this Agreement is terminated prior to such date in terms of clause 6.2 of this
Agreement.
8.2 The Parties may agree to terminate this Agreement at an earlier date by mutual written
consent between them.
6.1 The Parties agree that should this Agreement not be renewed after the termination date,
then the same shall be deemed to have terminated on the Termination Date.
9. TERMINATION
9.1 The parties agree that the IDT may suspend or terminate this agreement or part thereof, at
any time or at any given deliverable or part thereof if the services/deliverables or the
progress reports presented by the Service Provider are not to the satisfaction of the IDT, or
if the services are no longer required.
9.2 Any suspension or termination of this agreement or any deliverable or part thereof, must be
done on not less than ten (10) days written notice to the Service Provider.
9.3 Should this agreement or at any deliverable or part thereof be suspended or terminated in
terms of clause 7.1 above, the IDT shall remunerate the Service Provider for work
satisfactorily completed.
9.4 The IDT may terminate the Agreement on breach of the Agreement as stipulated in Clause
12 below.
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10. RESPONSIBILITIES OF THE PARTIES AND SCOPE OF WORK
10.1 The Service Provider
10.1.3 The Service Provider shall perform the services as more fully detailed in the Terms
of Reference and service provider’s proposal.
10.1.4 The above-mentioned services shall be executed in accordance with the detailed
Project Execution Plan, which is specifically incorporated herein.
10.2 The IDT
7.2.1 The IDT shall be-
7.2.1.1 responsible for providing guidance and necessary instruction to the
Service Provider;
7.2.1.2 payment of the Service Provider’s invoices in accordance with clause
10 of this agreement.
11. PROJECT FUNDS
11.1 The approved project funds for this project is an amount of _________________, VAT
inclusive, but excluding Disbursements for travel and substance outside Gauteng.
11.2 The Service Provider shall be entitled to the payment for disbursement costs, which
disbursements shall be in line with the National Treasury Instruction 01 of 2013/2014,
which introduced cost containment measures in all PFMA compliant institutions.
11.3 The project funds shall be paid to the Service Provider in accordance with clause 12
below.
12. PAYMENTS OF THE SERVICE PROVIDER’S INVOICES
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12.1 The Service Provider must provide the IDT with tax invoices reflecting actual services
rendered coupled with any other original supporting documentation or information, as
may be required by the IDT.
12.2 The tax invoice must include services satisfactory rendered and deliverables completed
in accordance with this agreement, as more fully elaborated in annexure D of the
Service Provider’s proposal.
12.3 The Service Provider’s fees, plus disbursements, if any, shall be billed on completion of
the assignment and payments of the Service Provider’s invoice shall be made within
thirty (30) days of submission of the invoice, unless the invoice is objected in
accordance with clause 12.4 below.
12.4 If any item or part of any item of an invoice submitted by the Service Provider is
disputed by the IDT, the IDT shall give notice thereof with reasons, to the Service
Provider within 10 working days.
13. DISPUTE RESOLUTION
13.1 Without detracting from a party’s right to institute action or motion proceedings in the
High Court or any Court of competent jurisdiction in respect of any dispute that may
arise out of or in connection with this agreement, the parties may, by mutual consent,
follow the Mediation and/or Arbitration procedure as set out in clause 13.4 and 13.5
below.
13.2 Notwithstanding any provisions of this agreement, either party may approach any court
of competent jurisdiction without first exhausting the Mediation and/or Arbitration
procedure referred to in this agreement.
13.3 Negotiation
13.3.3 Should any dispute, disagreement or claim arise between the parties (“the
dispute”) concerning this agreement, the parties shall try to resolve the dispute
by negotiation. This entails that one party invites the other party in writing to
meet and attempt to resolve the dispute within 5 (Five) days from the date of the
written invitation.
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13.3.4 The Parties undertake to extensively consult with each other in the event of a
dispute and to use their best endeavours to resolve such dispute amongst
themselves without recourse to litigation.
13.4 Mediation
13.4.3 In the event of any dispute arising between the parties, either party may declare
a dispute by notice to the other party.
13.4.4 Prior to litigation in terms of clause 13.2 above or submission of dispute to
arbitration in accordance with clause 13.5 below, the matter may first be
referred for mediation before the mediator appointed by agreement between the
parties to the dispute and failing an agreement within 10 (ten) business days of
the demand for mediation, then any party to the dispute shall be entitled to
forthwith call upon the President of the Law Society of Northern Provinces to
nominate the mediator.
13.4.5 The mediator shall have absolute discretion in the manner in which the
mediation proceedings shall be conducted.
13.4.6 The mediator shall deliver a copy of his reasoned opinion to each party within
twenty one (21) days of his appointment.
13.4.7 The opinion so expressed by the mediator shall be final and binding on the
parties, unless either party within twenty one (21) days of the delivery of the
opinion, notifies the other party of its unwillingness to accept the said opinion, in
which event the dispute may be referred to arbitration or to any competent court
with jurisdiction.
13.4.8 The costs of mediation shall be determined by the mediator and shall be borne
equally by the parties and shall be due and payable to the mediator on
presentation to them of his written account.
13.5 Arbitration
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13.5.3 In the event of the parties, or any of them, failing to accept the ruling of
the mediator, and subject to clause 13.2 above, the matter in dispute
may be referred to arbitration, by written agreement between the
parties. The arbitrator shall at the written request of either party be
appointed by the secretary of the Arbitration Foundation of Southern
Africa (“AFSA”). The arbitration shall be conducted in accordance with
the AFSA Commercial Rules, which arbitration shall be administered by
AFSA.
13.5.4 Should AFSA, as an institution, not be operating at that time or not be
accepting requests for arbitration for any reason, then the arbitration
shall be conducted in accordance with the AFSA rules for commercial
arbitration (as last applied by AFSA) before an arbitrator appointed by
agreement between the parties to the dispute or failing agreement
within 10 (ten) business days of the demand for arbitration, then any
party to the dispute shall be entitled to forthwith call upon the
chairperson of the Johannesburg Bar Council to nominate the arbitrator,
provided that the person so nominated shall be an advocate of not less
than 10 (ten) years standing as such. The person so nominated shall be
the duly appointed arbitrator in respect of the dispute. In the event of
the attorneys of the parties to the dispute failing to agree on any matter
relating to the administration of the arbitration, such matter shall be
referred to and decided by the arbitrator whose decision shall be final
and binding on the parties to the dispute.
13.5.5 Any party to the arbitration may appeal the decision of the arbitrator or
arbitrators in terms of the AFSA rules for commercial arbitration.
13.5.6 Nothing herein contained shall be deemed to prevent or prohibit a party
to the arbitration from applying to the appropriate court for urgent relief.
13.5.7 Any arbitration in terms of this clause 13.5 (including any appeal
proceedings) shall be conducted in camera and the Parties shall treat
as confidential details of the dispute submitted to arbitration, the
conduct of the arbitration proceedings and the outcome of the
arbitration.
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13.5.8 This clause 13 will continue to be binding on the Parties notwithstanding
any termination or cancellation of the Agreement.
13.5.9 The Parties agree that the written demand by a party to the dispute in
terms of clause 13.5.1 that the dispute or difference be submitted to
arbitration is to be deemed to be a legal process for the purpose of
interrupting extinctive prescription in terms of the Prescription Act, 1969.
13.5.10 The costs of arbitration shall be determined by the arbitrator or AFSA
and shall be borne equally by the parties and shall be due and payable
to the arbitrator on presentation to them of his written account.
13.5.11 Should any one party fail to pay its share of any administration fee or
cost when requested by the AFSA Secretariat, that party shall
automatically be excluded to participate in the arbitration process so
long as that party is in default of payment. Where one party is
excluded by reason of default, the Secretariat will revise the fees
payable by the remaining party to cover all costs and expenses,
subject to the right of the paying party to recover, if so ordered by the
arbitrator, from the non-paying party.
14. BREACH
11.1 If a Party ("Defaulting Party") commits any breach of this Agreement and fails to
remedy such breach within 14 (Fourteen) business days ("Notice Period") of written
notice requiring the breach to be remedied, then the Party giving the notice ("Aggrieved
Party") will be entitled, at its option –
11.1.1 to claim immediate specific performance of any of the Defaulting Party's
obligations under this Agreement, with or without claiming damages, whether
or not such obligation has fallen due for performance and to require the
Defaulting Party to provide security to the satisfaction of the Aggrieved Party
for the Defaulting Party's obligations; or
11.1.2 To suspend further payments to the Service Provider; or
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11.1.3 To appoint any other person or persons to complete the execution of the
project, in which event the Service Provider shall be held liable or costs
incurred in the appointment of such Service Provider as well as reasonable
costs of the process of delay; or
11.1.4 to cancel this Agreement, with or without claiming damages, in which case
written notice of the cancellation shall be given to the Defaulting Party, and the
cancellation shall take effect on the giving of the notice. Neither Party shall be
entitled to cancel this Agreement unless the breach is a material breach. A
breach will be deemed to be a material breach if –
11.1.4.1 it is capable of being remedied, but is not so remedied within the
Notice Period; or
11.1.4.2 it is incapable of being remedied or is not remedied within the Notice
Period, and payment in money will compensate for such breach but
such payment is not made within the Notice Period.
11.2 In the event that either Party commits an act of insolvency or is placed under a
provisional or final winding-up or business rescue, or judicial management order or if
either Party makes an assignment for the benefit of creditors, or fails to satisfy or take
steps to have set aside any judgment taken against it within 14 (Fourteen) business
days after such judgment has come to its notice, then the other Party will be entitled to
terminate the Agreement on written notice.
11.3 The Parties agree that any costs awarded will be recoverable on an attorney-and-own-
client scale unless the Court / Arbitrator specifically determines that such scale shall not
apply, in which event the costs will be recoverable in accordance with the High Court
tariff, determined on an attorney-and-client scale.
11.4 The Aggrieved Party's remedies in terms of this clause 11 are without prejudice to any
other remedies to which the Aggrieved Party may be entitled in law.
15. INTELLECTUAL PROPERTY AND COPYRIGHT
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13.1 The Service Provider acknowledges that the IDT may by operation of law become the
owner of the copyright in any work which is eligible for copyright and which is created or
executed by the Service Provider, whether alone or with others, in the course and scope
of its appointment.
13.2 Insofar as it may be necessary, the Service Provider cedes and assigns to the IDT, the
copyright on any work created or executed by it, whether alone or with others, in the
course and scope of its appointment as a Service Provider of the IDT, except for the
training manuals which were developed by the Service Provider and the Service
Provider has copyright.
13.3 The Service Provider undertakes not to exercise any residuary rights in respect of any
work created or executed by it, whether alone or with others, in the course and scope of
its appointment as a Service Provider of the IDT.
13.4 All work created or executed by the Service Provider and for which copyright exists
shall, unless the Service Provider establishes the contrary, be deemed to have been
created or executed in the course and scope of its appointment as a Service Provider of
the IDT.
16. MISCELLANEOUS MATTERS
14.1 Whole Agreement
14.1.1 This Agreement constitutes the whole of the agreement between the Parties
relating to the matters dealt with herein and, save to the extent otherwise
provided herein, no undertaking, representation, term or condition relating to the
subject matter of this Agreement not incorporated in this Agreement shall be
binding on either of the Parties.
14.1.2 This Agreement supersedes and replaces any and all agreements between the
Parties (and other persons, as may be applicable) and undertakings given to or
on behalf of the Parties (and other persons, as may be applicable) in relation to
the subject matter hereof.
14.2 Variations to be in Writing
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No addition to or variation, deletion, or agreed cancellation of all or any clauses or
provisions of this Agreement will be of any force or effect unless in writing and signed by
the Parties. The amendment of the Agreement shall be recorded as an addendum to
this Agreement.
14.3 No Indulgences
No latitude, extension of time or other indulgence which may be given or allowed by
either Party to the other in respect of the performance of any obligation hereunder, and
no delay or forbearance in the enforcement of any right of either Party arising from this
Agreement and no single or partial exercise of any right by either Party under this
Agreement, shall in any circumstances be construed to be an implied consent or
election by that Party or operate as a waiver or a novation of or otherwise affect any of
its rights in terms of or arising from this Agreement or estop or preclude it from enforcing
at any time and without notice, strict and punctual compliance with each and every
provision or term hereof. Failure or delay on the part of either Party in exercising any
right, power or privilege under this Agreement will not constitute or be deemed to be a
waiver thereof, nor will any single or partial exercise of any right, power or privilege
preclude any other or further exercise thereof or the exercise of any other right, power or
privilege.
14.4 No Waiver or Suspension of Rights
No waiver, suspension or postponement by either Party of any right arising out of or in
connection with this Agreement shall be of any force or effect unless in writing and
signed by that Party. Any such waiver, suspension or postponement will be effective
only in the specific instance and for the purpose given.
14.5 Provisions Severable
All provisions and the various clauses of this Agreement are, notwithstanding the
manner in which they have been grouped together or linked grammatically, severable
from each other. Any provision or clause of this Agreement which is or becomes
unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality,
unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only
to the extent that it is so unenforceable, be treated as pro non scripto and the remaining
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provisions and clauses of this Agreement shall remain of full force and effect. The
Parties declare that it is their intention that this Agreement would be executed without
such unenforceable provision if they were aware of such unenforceability at the time of
execution hereof.
14.6 Continuing Effectiveness of Certain Provisions
The expiration or termination of this Agreement shall not affect such of the provisions of
this Agreement as expressly provide that they will operate after any such expiration or
termination or which of necessity must continue to have effect after such expiration or
termination, notwithstanding that the clauses themselves do not expressly provide for
this.
14.7 Assignment
14.7.1 The Service Provider shall not cede or assign any of its rights and obligations in
terms of this Agreement to any third party without prior written consent of the
IDT.
17. CONFLICT OF INTEREST
The Service Provider shall at all times during the execution of the assignment use its best
endeavours to ensure that no action is taken by it or its personnel, agents or sub-contractors
which may result in or give rise to the existence of conditions which are prejudicial to or in
conflict with the best interests of the client.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Service Provider shall indemnify and hold harmless
IDT and its officers, agents and employees from and against any and all claims, actions,
damages, liabilities, injuries, costs, fees, expenses, or losses, including, without limitation,
reasonable attorney’s fees and costs of investigation and litigation, whatsoever which may be
incurred by, or for which liability may be asserted against, IDT or any of its officers, agents or
employees arising out of any activities undertaken by, for, or on behalf of the IDT in the
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execution or implementation of this Agreement, including, but not limited to, the performance of
any contract or obligation directly or indirectly related to the project. Such obligation shall not be
construed to negate or abridge any other obligation of indemnification running to IDT which
would otherwise exist.
19. DOMICILIA AND NOTICES
17.1 For all purposes arising from or in connection with this Agreement, The Parties hereby
choose as their domicilium citandi et execuntandi for all purposes under this
Agreement whether in respect or court process, notices or other documents of
communications of whatever nature, the following addresses:-
17.1.1 The IDT:
Glenwood office park
Cnr. Oberon & Sprite Streets
Faerie Glen
Pretoria
South Africa
17.1.2 The Service Provider:
17.2 Either Party may change its domicilium or its address for the purposes of notices to any
other physical address or telefax number by written notice to the other Party to that effect,
provided that such domicilium must be a physical address within the Republic.Such
change of address will be effective 7 (seven) business days after receipt of the notice of
the change.
17.3 All notices to be given in terms of this Agreement will be given in writing and will –
17.3.1 be delivered by hand or sent by telefax, and by way of email;
17.3.2 if delivered by hand during business hours, be presumed to have been
received on the date of delivery. Any notice delivered after business hours or
on a day which is not a business day will be presumed to have been received
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on the following business day; and
17.3.3 if sent by telefax or email during business hours, be presumed to have been
received on the date of successful transmission of the telefax or email. Any
telefax or email sent after business hours or on a day which is not a business
day will be presumed to have been received on the following business day.
17.4 Notwithstanding the above, any notice given in writing, and actually received by the
Party to whom the notice is addressed, will be deemed to have been properly given and
received, notwithstanding that such notice has not been given in accordance with this
clause 17.
17.5 All notices contemplated under this Agreement must be delivered by hand or sent by
prepaid registered post, in which latter event a notice will be deemed to have been
received by the addressee (s) seven (7) days after the proven date of posting.
20. SPECIAL CONDITIONS
It is specifically agreed between the parties that before any payment is made, the IDT reserves
the right to verify and satisfy itself that the work has been satisfactory completed.
21. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the applicable laws of
the Republic of South Africa.
22. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE
22.1 From time to time during the execution of this Agreement, Confidential Information may be
given by one Party to this Agreement (“the Disclosing Party”) to the other Party (“the
Recipient”).
22.2 The Receiving Party will treat and keep all Confidential Information as secret and
confidential and will not, without the Disclosing Party’s written consent, directly or
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indirectly communicate or disclose (whether in writing or orally or in any other manner)
Confidential Information to any other person other than in accordance with the terms of
this Agreement.
22.3 The Receiving Party will only use the Confidential Information for the sole purpose of
complying with its obligations under this Agreement.
22.4 Notwithstanding clause 22.1 (Confidential Information) the Receiving Party may disclose
Confidential Information:
22.4.1 to those of its Agents who strictly need to know the Confidential Information for
the sole purpose set out in clause 22.3 (Confidential Information) provided that
the Receiving Party shall ensure that such Agents are made aware prior to the
disclosure of any part of the Confidential Information that the same is
confidential and that they owe a duty of confidence to the Disclosing Party on
the same terms as contained in this Agreement. The Receiving Party shall at all
times remain liable for any actions of such Agents that would constitute a
breach of this Agreement; or
22.4.2 to the extent required by law or the rules of any applicable regulatory authority,
subject to clause 20.5 (Confidential Information) below.
22.5 If the Receiving Party is required to disclose any Confidential Information in accordance
with clause 22.4.1 (Confidential Information) above, it shall promptly notify the Disclosing
Party so that the Disclosing Party may have an opportunity to prevent the disclosure
through appropriate legal means and the Receiving Party shall co-operate with the
Disclosing Party regarding the form, nature, content and purpose of such disclosure or
any action which the Disclosing Party may reasonably take to challenge the validity of
such requirement.
22.6 The contents and the existence and the scope of this Agreement are Confidential
Information.
22.7 If any Confidential Information is copied, disclosed or used otherwise than as permitted
under this Agreement then, upon becoming aware of the same, without prejudice to any
rights or remedies of the Disclosing Party, the Receiving Party shall as soon as
practicable notify the Disclosing Party of such event and, if requested by the Disclosing
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Party, take such steps (including the institution of legal proceedings) as shall be
necessary to remedy (if capable of remedy) the default and/or to prevent further
unauthorised copying, disclosure or use.
22.8 Notwithstanding whether the Receiving Party uses the Confidential Information in
accordance with this Agreement or not (including modifying or amending the Confidential
Information), all Confidential Information shall remain the property of the Disclosing Party
and its disclosure shall not confer on the Receiving Party any rights of the Disclosing
Party (or its Agents), including Intellectual Property rights, over the Confidential
Information whatsoever beyond those contained in this Agreement.
22.9 Use by the Receiving Party of any Confidential Information in accordance with the terms
of this Agreement will not infringe the Intellectual Property of any other person and no
notification of any actual or potential claim alleging such infringement has been received
by the Disclosing Party.
22.10 The Receiving Party agrees to ensure proper and secure storage of all Confidential
Information and any copies thereof to at least the same standard as the Receiving Party
keeps its own Confidential Information. The Receiving Party shall not make any copies
or reproduce in any form any Confidential Information except for the purpose of
disclosure as permitted in accordance with this Agreement.
22.11 The Receiving Party shall keep a written record, to be supplied to the Disclosing Party
upon request, of the Confidential Information received and any copies made thereof and,
so far as is reasonably practicable, of the location of such Confidential Information and
any copies thereof.
22.12 Without prejudice to any other rights or remedies of the Disclosing Party, the Receiving
Party acknowledges and agrees that damages would not be an adequate remedy for any
breach by it of the provisions of this clause 20 (Confidential Information) and that the
Disclosing Party shall be entitled to seek the remedies of injunction, specific performance
and other equitable relief for any threatened or actual breach of any such provision buy
the Receiving Party or its Agents, and no proof of special damages shall be necessary for
the enforcement of the rights under this clause 22 (Confidential Information).
22.13 The Receiving Party recognises and acknowledges that the Confidential Information is of
a special, unique and extraordinary character to the Disclosing Party and the System and
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the disclosure, misappropriation or unauthorised use of such Confidential Information by
the Receiving Party cannot be fully compensated and that, further, any such disclosure,
misappropriation or unauthorised use of the Confidential Information shall cause
irreparable injury to the Disclosing Party and/or the System. The Receiving Party
expressly agrees, therefore, that the Disclosing Party, in addition to any rights and
remedies it may have under this Agreement or at law or in equity, shall be entitled to seek
injunctive and other equitable relief to prevent the breach, or the further breach, of any of
the provisions of this Agreement. The Receiving Party recognises and acknowledges that
the Confidential Information is of a special, unique and extraordinary character to the
Disclosing Party and the System and the disclosure, misappropriation or unauthorised
use of such Confidential Information by the Receiving Party cannot be fully compensated
and that, further, any such disclosure, misappropriation or unauthorised use of the
Confidential Information shall cause irreparable injury to the Disclosing Party and/or the
System. The Receiving Party expressly agrees, therefore, that the Disclosing Party, in
addition to any rights and remedies it may have under this Agreement or at law or in
equity, shall be entitled to seek injunctive and other equitable relief to prevent the breach,
or the further breach, of any of the provisions of this Agreement.
22.14 The Receiving Party agrees to reimburse the Disclosing Party for any and all losses,
liabilities, damages, costs, opportunity costs, and direct or indirect expenses (including
reasonable attorney’s fees, profit opportunity returns foregone and any court costs)
incurred by the Disclosing Party as a result of any prima facie breach of this Agreement
by the Receiving Party.
22.15 Notwithstanding whether or not this agreement is renewed, the Receiving Party shall
maintain the Confidential Information in confidence with the terms of this Agreement for a
period of five (5) years from the date of disclosure.
IN WITNESS WHEREOF, the Parties have duly executed this document as of the date first written
below.
THUS DONE and SIGNED at PRETORIA on this the ……….day of ____________2016
AS WITNESSES:
1. _________________________ _______________________
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For and on behalf of the IDT:
2. _________________________ _______________________
For and on behalf of the IDT:
THUS DONE and SIGNED at _______________ on this ___day of _______________ 2016
AS WITNESSES:
1. ___________________________
2. ___________________________
_______________________
For and on behalf of the Service
Provider: