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PART A INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
BID NUMBER: GTAC 030/2018 CLOSING DATE: 31 JANUARY 2019 CLOSING TIME: 11 AM
DESCRIPTION REQUEST FOR PROPOSAL (RFP) FOR THE PROVISION OF THE NATIONAL VEHICLE FLEET SERVICES TO BE PROCURED AS A PUBLIC PRIVATE PARTNERSHIP
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX
SITUATED AT (STREET ADDRESS)
GTAC TENDER BOX
GOVERNMENT TECHNICAL ADVISORY CENTRE (GTAC): NATIONAL TREASURY
240 MADIBA STREET (CORNER THABO SEHUME STREET), PRETORIA
24TH FLOOR RECEPTION AREA
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
TCS PIN: OR CSD No:
B-BBEE STATUS LEVEL VERIFICATION
CERTIFICATE
[TICK APPLICABLE BOX]
Yes
No
B-BBEE STATUS
LEVEL SWORN
AFFIDAVIT
Yes
No
IF YES, WHO WAS THE CERTIFICATE
ISSUED BY?
AN ACCOUNTING OFFICER AS
CONTEMPLATED IN THE CLOSE
CORPORATION ACT (CCA) AND NAME THE
APPLICABLE IN THE TICK BOX
AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION
ACT (CCA)
A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION
SYSTEM (SANAS)
A REGISTERED AUDITOR
NAME: [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU THE ACCREDITED
REPRESENTATIVE IN SOUTH AFRICA FOR
THE GOODS /SERVICES /WORKS
OFFERED?
Yes No
[IF YES ENCLOSE PROOF]
ARE YOU A FOREIGN
BASED SUPPLIER FOR
THE GOODS /SERVICES
/WORKS OFFERED?
Yes No
[IF YES ANSWER PART B:3
BELOW ]
SIGNATURE OF BIDDER ……………………………… DATE
CAPACITY UNDER WHICH THIS BID IS
SIGNED (Attach proof of authority to sign
this bid; e.g. resolution of directors, etc.)
TOTAL NUMBER OF ITEMS OFFERED
TOTAL BID PRICE (ALL
INCLUSIVE)
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
DEPARTMENT/ PUBLIC ENTITY CONTACT PERSON
CONTACT PERSON TELEPHONE NUMBER
TELEPHONE NUMBER FACSIMILE NUMBER
FACSIMILE NUMBER E-MAIL ADDRESS
E-MAIL ADDRESS
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PART B TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION: 1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR
CONSIDERATION. 1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR ONLINE
1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY: ( BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.
1.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.
1.5. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 2000 AND THE PREFERENTIAL
PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER LEGISLATION OR SPECIAL CONDITIONS OF CONTRACT.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE
ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION,
TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE
PROOF OF TCS / PIN / CSD NUMBER.
2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST
BE PROVIDED.
3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO
3.2. DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO
3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN A TAX COMPLIANCE STATUS / TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.
NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
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GOVERNMENT TECHNICAL ADVISORY CENTRE
REQUEST FOR PROPOSAL (RFP) FOR THE PROVISION OF THE NATIONAL VEHICLE FLEET SERVICES TO BE PROCURED AS A
PUBLIC PRIVATE PARTNERSHIP
BID NUMBER: GTAC030/2018
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TABLE OF CONTENTS
GENERAL DEFINITIONS ........................................................................................................................ 9
1 IMPORTANT NOTICE ..................................................................................................................... 14
2 OVERVIEW OF THE RFP DOCUMENT ............................................................................................. 15
3 OVERVIEW OF THE PROJECT ......................................................................................................... 16
3.1 INTRODUCTION ..................................................................................................................... 16 3.2 THE NATIONAL FLEET PPP PROJECT .................................................................................. 17 3.2.1 THE ROLE OF NDOT AND RATIONALE FOR THIS PROJECT ................................................... 17 3.2.2 FLEET CONTRACTS:............................................................................................................. 18 3.2.3 THE PUBLIC PRIVATE PARTNERSHIP PROCUREMENT MODEL .............................................. 19 3.2.4 PROJECT METHODOLOGY AND APPROACH .......................................................................... 20 3.2.5 PROJECT PROCUREMENT ACTIVITIES .................................................................................. 21 3.2.6 PRIVATE PARTY SERVICES REQUIRED ................................................................................. 23 3.2.7 PROJECT BACKGROUND ...................................................................................................... 24 3.2.7.1 STATUS QUO ................................................................................................................... 24
4 PROJECT AFFORDABILITY AND CONTRACT PARAMETERS.............................................................. 26
4.1 INTRODUCTION TO THE AFFORDABILITY LIMIT ...................................................................... 26 4.2 FINANCING ........................................................................................................................... 26 4.3 ASSET OWNERSHIP.............................................................................................................. 26 4.4 COST / PRICING DRIVERS..................................................................................................... 26 4.5 KEY ASSUMPTIONS .............................................................................................................. 28 4.6 CONTRACT PERIOD .............................................................................................................. 29 4.7 ENVISAGED RISK TRANSFER ............................................................................................... 29 4.8 PAYMENT MECHANISM ......................................................................................................... 30
4.8.1 Monthly Invoicing and Payments for Long Term Fleet ....................................................... 30 4.8.2 Monthly Invoicing and Payments for Short & Medium Term Fleet as well as Bus rentals .... 32
5 PERFORMANCE MONITORING ...................................................................................................... 35
5.1 PERFORMANCE MONITORING ............................................................................................... 35 5.2 PENALTY MECHANISM ......................................................................................................... 35
6 DETAILED ASSET AND SERVICE OUTPUT ........................................................................................ 36
6.1 INTRODUCTION ..................................................................................................................... 36 6.2 PARTICIPATING DEPARTMENTS ............................................................................................ 36 6.3 OVERALL FLEET MANAGEMENT ........................................................................................... 37 6.4 LONG TERM VEHICLE LEASES ............................................................................................. 41 6.4.1 REGIONAL DISTRIBUTION ..................................................................................................... 41 6.4.2 INDICATIVE PROJECTED VEHICLE DEMAND .......................................................................... 42
6.4.3 Long Term Vehicle Classifications ..................................................................................... 43 6.4.4 Generic Vehicle specifications........................................................................................... 48 6.4.5 Estimated Monthly Utilisation .......................................................................................... 48 6.4.6 Replacement criteria ........................................................................................................ 48 6.4.7 Specialised / Customised Vehicles ..................................................................................... 49
6.4.8 CRITICAL SERVICE LEVELS .................................................................................................. 52 6.5 SHORT TERM OR MEDIUM TERM RENTAL. INCLUDING SPECIAL EVENTS OR PROJECTS AND
OTHER TRANSPORT REQUIREMENTS.................................................................................................. 53 6.5.1 Short Term or Medium term Rental of Passenger and Commercial vehicles ....................... 53
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6.5.1.1 PROVINCIAL AND REGIONAL DISTRIBUTION ...................................................................... 53 6.5.1.2 VEHICLE CLASSIFICATION ................................................................................................ 55 6.5.1.3 GENERIC SPECIFICATIONS ............................................................................................... 56 6.5.1.4 SPECIALISED / CUSTOMISED VEHICLES............................................................................ 57
6.5.2 Other Specific Transport Services ...................................................................................... 57 6.5.2.1.1 Point-to-Point .............................................................................................................. 57 6.5.2.1.2 Chauffeur services ....................................................................................................... 58 6.5.2.1.3 Bus Transport Services ................................................................................................. 58
6.5.2.2 PROVINCIAL AND REGIONAL DISTRIBUTION ...................................................................... 59 6.5.2.2.1 Point-to-Point .............................................................................................................. 59 6.5.2.2.2 Chauffeur services ....................................................................................................... 59 6.5.2.2.3 Bus Transport Services ................................................................................................. 60
6.5.2.3 VEHICLE CLASSIFICATION ................................................................................................ 60 6.5.2.4 GENERIC SPECIFICATIONS ............................................................................................... 60 6.5.2.5 CRITICAL SERVICE LEVELS ............................................................................................. 61 6.6 PPP CONTRACT GOVERNANCE; GENERAL BUSINESS AND ADMINISTRATIVE REQUIREMENTS
61 6.6.1 Project Governance .......................................................................................................... 61
6.7 PROJECT PERSONNEL ......................................................................................................... 62 6.7.1 Demand Optimisation ...................................................................................................... 63
6.8 SERVICE AUDITS .................................................................................................................. 64 6.9 MANAGEMENT INFORMATION SYSTEM (MIS) ....................................................................... 64 6.9.1 SCOPE ................................................................................................................................. 64 6.9.2 REQUIREMENTS ................................................................................................................... 65 6.10 CALL CENTRE ...................................................................................................................... 68 6.11 OTHER FLEET SERVICES ...................................................................................................... 68 6.12 SERVICES EXCLUDED FROM THIS RFP................................................................................. 73
7 SERVICE LEVEL AGREEMENT.......................................................................................................... 75
7.1 INTRODUCTION ..................................................................................................................... 75 7.2 COMPLETE FLEET SOLUTION ............................................................................................... 75 7.3 SLAS – DETAILED SPECIFICATIONS .................................................................................... 75
8. TARGET GROUPS AND SOCIO- ECONOMIC REQUIREMENTS .......................................................... 76
8.1 THE NDOT’S RESPONSE TO BEE ........................................................................................ 76 8.2 EMPOWERMENT PROJECT OBJECTIVES ............................................................................... 77
8.2.1 Ownership ....................................................................................................................... 77 8.2.2 Management Control ....................................................................................................... 77 8.2.3 Skills Development ........................................................................................................... 77 8.2.4 Enterprise and Supplier Development ............................................................................... 78 8.2.5 Social Responsibility ......................................................................................................... 78
8.3 NDOT VEHICLE PROJECT TARGET GROUP BALANCED SCORECARD .................................. 78 8.3.1 THE TARGET GROUP SCORECARD (THE SCORECARD) FOR THIS PROJECT: .......................... 79
9. PROJECT TIMELINES ...................................................................................................................... 82
10. INSTRUCTIONS TO BIDDERS .......................................................................................................... 83
10.1 INTRODUCTION ..................................................................................................................... 83 10.2 GENERAL ............................................................................................................................. 84 10.3 INFORMATION PROVIDED AND REQUIRED ............................................................................. 84 10.4 NO RIGHTS IN RESPECT OF THE PROJECT ........................................................................... 85 10.5 CONFIDENTIALITY ................................................................................................................ 85 10.6 QUALIFYING BIDDERS .......................................................................................................... 86
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10.7 NO PERSON (INCLUDING BOTH ENTERPRISES AND NATURAL PERSONS) OR ADVISOR
EMPLOYED BY EITHER THE NDOT, NATIONAL TREASURY OR ANY MEMBER OF THE TRANSACTION
ADVISOR, MAY ADVISE ANY BIDDER OR BE A MEMBER OF ANY BIDDER. THE BIDDER WARRANTS BY
VIRTUE OF IT SUBMITTING AN RFT THAT NO SUCH PERSON HAS ADVISED THE BIDDER OR IS A MEMBER
OF SUCH BIDDER. .............................................................................................................................. 90 10.8 ANY BID RECEIVED FROM A BIDDER WILL BE DISQUALIFIED IN THE EVENT THAT ANY MEMBER
OF THAT BIDDER IS DIRECTLY OR INDIRECTLY INVOLVED IN, OR A MEMBER OF, A COMPETING BIDDER’S
PP. 90 10.9 THE OEM, TYRE AND FUEL MANAGEMENT TECHNOLOGY SUPPLIERS SHALL FOR PURPOSES
OF THIS BID BE REGARDED AS SUPPLIERS THEREFORE CAN BE IN MORE THAN ONE BIDDER. ............... 90 10.10 LEGAL AND PP STRUCTURE REQUIREMENTS .................................................................. 90 10.11 COMPETITION .................................................................................................................. 91 10.12 CONFLICT OF INTEREST .................................................................................................. 92 10.13 ADVISORS AND LENDERS ................................................................................................ 92 10.14 GROUNDS FOR DISQUALIFICATION .................................................................................. 92 10.15 INTEGRITY AND HONESTY ................................................................................................ 92 MISSTATEMENTS OR OMISSIONS ARE CONTAINED IN ITS RESPONSE. ................................................. 92 10.16 NO CONTACT .................................................................................................................. 92 10.17 DECLARATION OF INTEREST ............................................................................................ 93 .......................................................................................................................................................... 93 10.18 COSTS OF RESPONDING TO THE RFP .............................................................................. 93 10.19 ADDITIONAL INFORMATION IN RESPECT OF BIDDERS ....................................................... 93 10.20 COPYRIGHT AND OWNERSHIP .......................................................................................... 93 10.21 DISPUTES ........................................................................................................................ 94 10.22 ACCESS TO INFORMATION ............................................................................................... 94 10.23 AMENDMENTS AND TERMINATION OF THE RFP PROCESS ............................................... 95 10.24 PRICING ........................................................................................................................... 95 10.25 BID BOND ........................................................................................................................ 95 10.26 COMPETITION COMMISSION ............................................................................................. 97 10.27 DISCLOSURE OF INFORMATION ........................................................................................ 97 10.28 INTERPRETATION REQUIREMENT ..................................................................................... 97 10.29 COMPULSORY BRIEFING SESSION ................................................................................... 97 10.30 QUESTIONS AND ANSWERS ............................................................................................. 99 10.31 BIDDER’S CONTACT PERSON .......................................................................................... 99 10.32 NDOT CONTACT PERSON ............................................................................................... 99 10.33 CLOSING DATE FOR SUBMISSIONS ................................................................................ 100 10.34 INFORMATION REQUIRED FROM BIDDERS...................................................................... 100 10.35 REQUIRED FORMAT OF RESPONSES .............................................................................. 118 10.36 ENGAGEMENT/PRESENTATION ...................................................................................... 120 10.37 NEGOTIATIONS .............................................................................................................. 120 10.38 DATA ROOM .................................................................................................................. 120
11 THE EVALUATION PROCESS ......................................................................................................... 121
11.1 INTRODUCTION ................................................................................................................... 121 11.2 OVERALL EVALUATION PROCESS AND CRITERIA ............................................................... 121 11.3 EVALUATION CRITERIA ...................................................................................................... 124 11.4 PRICING EVALUATION: ....................................................................................................... 125 11.5 BEE EVALUATION: ............................................................................................................ 127 11.6 FINAL SCORE ..................................................................................................................... 128 11.7 BEST AND FINAL OFFER .................................................................................................... 128 11.7.4 COMMUNICATION ........................................................................................................... 129
12 COST RECOVERY.......................................................................................................................... 130
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13 GLOSSARY – GENERAL AND TARGET GROUP DEFINITIONS .......................................................... 131
13.1 INTRODUCTION AND INTERPRETATION ................................................................................ 131
APPENDIX A –EVALUATION MATRIX .................................................................................................... 132
APPENDIX B - PENALTY SCHEDULE ....................................................................................................... 133
APPENDIX C – RSK ACCEPTANCE .......................................................................................................... 134
APPENDIX D –TARGET GROUP RESPONSE ............................................................................................ 135
APPENDIX E –SERVICE LEVEL AGREEMENT ........................................................................................... 136
APPENDIX F –CONCESSION AGREEMENT ............................................................................................. 137
APPENDIX G – RATE CARD .................................................................................................................... 138
APPENDIX H: TARGET GROUP RESPONSE ............................................................................................. 139
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List of Tables
Table 1: List of Abbreviations ................................................................................ 7
Table 2: Interpretations ......................................................................................... 9
Table 3: Procurement Activity ............................................................................. 21
Table 4: Current Vehicle by Province .................................................................. 25
Table 5: Current Vehicles by Department ........................................................... 25
Table 6: Affordability limit calculations ................................................................ 26
Table 7: Representation of participation departments: ........................................ 36
Table 8: Indicative Projected Vehicle Demand ................................................... 42
Table 9: Vehicle Classifications .......................................................................... 43
Table 10: Correctional Services Specialised Vehicles Requirements ........... Error! Bookmark not defined.
Table 11: Critical Service Levels ......................................................................... 52
Table 12: Target Group Balanced Scorecard ..................................................... 79
Table 13: Project timelines .................................................................................. 82
Table 14: Eligibility requirements ........................................................................ 86
Table 15: Briefing session ................................................................................... 97
Table 16: Contact Person ................................................................................... 99
Table 17: Evaluation Criteria ............................................................................. 124
List of Figures
Figure 1: Project Approach ................................................................................. 20
Figure 2: Procurement Process ............................................................................... 23
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Table 1: List of Abbreviations
BBBEE Broad Based Black Economic Empowerment
BEE Black Economic Empowerment
CEO Chief Executive Officer
CFADS Cash Flow Available for Debt Service
CPI Consumer price inflation
CV Curriculum Vitae
DPW Department of Public Works
DSCR Debt service coverage ratio
FML Full Maintenance Lease
GG Government Garage
GMF Government Motor Fleet
GTAC Government Technical Assistance Centre
HDI Historically Disadvantaged Individuals
HOD Head of Department
HR Human Resources
ICT Information Communication and Technology
MTEF Medium Term Expenditure Framework
NDoT National Department of Transport
NPV Net Present Value
NT National Treasury
OEM Original Equipment Manufacturer
PFMA Public Finance Management Act
PPPFA Preferential Procurement Policy Framework Act
POB Political Office Bearers
PP Private Party
PPPFA Preferential Procurement Policy Framework Act
PPP Public Private Partnership
PSC Public Sector Comparator
RFP Request for Proposal
RFQ Request for Qualification
RFR Risk Free Rate
SLA Service Level Agreement
SMME Small Medium Micro Enterprise
SPV Special Purpose Vehicle
Steercom Steering Committee
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STR Short Term Rentals
TA Treasury Approval
The Department The National Department of Transport
TOR Terms of Reference
VMT Vehicle Management Technology
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General Definitions
o The following words and expressions shall have the following meanings:
Table 2: Interpretations
Word/Expression Interpretation
Affordability/
Affordable
“Affordability”, as contemplated under Regulation 16.1 (“Regulation 16”) of
the Public Finance Management Act No. 1 of 1999 (“PFMA”), meaning that
the financial commitments to be incurred by NDoT in terms of the Project can
be met by funds –
(a) designated within NDoT’ existing budgets for the Project; and/or
(b) destined for NDoT in accordance with the relevant treasury’s future
budgetary projections for NDoT.
BAFO The request for a best and final offer from pre-qualified or short-listed Bidders
in respect of the Project.
BAFO Bid The response by the pre-qualified or short-listed Bidders to the BAFO.
BBBEE Broad Based Black Economic Empowerment
Refer to HYPERLINK "http://www.thedti.gov.za/bee/beebill.pdf"
http://www.thedti.gov.za/bee/beeact.pdf
BEE Black Economic Empowerment
Refer to http://www.thedti.gov.za/bee/CODESOFGOODPRACTICE.htm
Bidder Any party which receives this RFP and which submits a response to NDoT.
Black People Is a generic term which means Africans, Coloureds and Indians-
(a) who are citizens of the Republic of South Africa by birth or descent; or
(b) who became citizens of the Republic of South Africa by naturalisation-
(i) before 27 April 1994; or
(ii) on or after 27 April 1994 and who would have been entitled to acquire citizenship
by naturalisation prior to that date
Closing Date The exact date that all Bid responses are required to be submitted. No
responses after closing time on this date will be accepted.
Closing Time The exact time that all Bid responses are required to have been submitted.
No responses after closing time on closing date will be accepted.
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Word/Expression Interpretation
Declaration of
Interest Form
The form set out in the “Technical Bid Response Document” section.
Fleet Solution
The vehicular Fleet Provisioning and Management services to be provided
by or on behalf of the Private Party to the NDoT.
GTAC Is the Government Technical Advisory Centre which is the Agency of the
National Treasury
PFMA Public Finance Management Act No, 1 of 1999
PPP or Public
Private Partnership
Has the meaning ascribed to it in Treasury Regulation 16 of the PFMA. It
means a commercial transaction between an Institution and a Private Party
in terms of which the Private Party– (a) performs an Institutional function on
behalf of the Institution;
and/or (b) acquires the use of state property for its own commercial purposes;
and (c) assumes substantial financial, technical and operational risk in
connection with the performance of the institutional function and/or use of
state property; and (d) receives a benefit for performing the Institutional
function or from utilising the state property, either by way of (i) consideration
to be paid by the Institution which derives from a revenue fund or, where the
Institution is a national government business enterprise, from the revenues
of such Institution; or (ii) charges or fees to be collected by the Private Party
from users or customers of a service provided to them; or (iii) a combination
of such consideration and such charges or fees.
PPP Agreement Has the meaning ascribed to it in Treasury Regulation 16 to the PFMA. It
means a written contract recording the terms of a PPP concluded between
an Institution and a Private Party.
PPP Unit That unit of National Treasury established to consider and regulate the
entering into of PPPs under the Treasury Regulations
Private Party Has the meaning ascribed to it in Treasury Regulation 16 to the PFMA. Such
Private Party is typically a Private Party (PP) incorporated in the Republic of
South Africa as a private limited liability company for the sole purpose of
exercising its rights and performing its obligations under the PPP Agreement.
Project The project for the PPP procurement of vehicular Fleet and related services
and the management thereof, as contemplated in this RFP.
RFP Request for Bid
NDoT National Department of Transport
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Word/Expression Interpretation
Transaction
Advisor(s)
The Transaction Advisor team
TAI or Treasury
Approval I
Treasury Approval I as contemplated in regulation16.4 of the Treasury
Regulations.
TAIIA or Treasury
Approval IIA
Treasury Approval IIA as contemplated in regulation16.5.1 of the Treasury
Regulations.
TAIIB or Treasury
Approval IIB
Treasury Approval IIB as contemplated in regulation16.5.4 of the Treasury
Regulations.
TAIII or Treasury
Approval III
Treasury Approval III as contemplated in regulation16.6.1 of the Treasury
Regulations.
Treasury
Regulations
PREFERENTIAL PROCUREMENT REGULATIONS, 2017
TREASURY REGULATION 16 PPP
TREASURY REGAULATION 16A SUPPLY CHAIN MANAGEMENT
Unitary Payment The payment by NDoT to the Private Party in consideration for the provision
of the Project Deliverables. The payment will be made monthly and will be an
all inclusive payment for all products and services rendered as part of the
contract service provision.
Value for Money “Value for Money”, as contemplated under Treasury Regulation 16.1,
meaning that the provision of the Project by a Private Party in terms of the
PPP Agreement results in a net benefit to the Department, defined in terms
of cost, price, quality, quantity or risk transfer, or a combination thereof.
Black Empowerment Definitions
Table 3: Definitions
Word/Expression Meaning
Active Black Equity In relation to any Black Equity or in relation to any issued shares in
the share capital of any Subcontractor held by Black People and/or
Black Enterprises, where such Black Equity or shares is/are held
by Black People and/or Black Enterprises who will participate
directly in the day-to-day management and operations of the
project.
Broad-Based Black
Empowerment’
Has the meaning defined in the Broad-based Black Economic
Empowerment” Economic Empowerment Act, No 53 of 2003
(BBBEE Act) as amended.
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Word/Expression Meaning
Black Equity The voting equity in the Private Party held by Black Shareholders
from time to time.
Black People Is a generic term which refers to African, Coloured and Indians of
South African citizenship.
Black Enterprise An enterprise that is at least 50.1% beneficially owned by Black
People and in which Black People have substantial Management
Control. Such beneficial ownership may be held directly or through
other Black Enterprises.
Black Management Control Black Management Control shall be substantiated by the number of
Executive Directors appointed by BEE shareholders.
In relation to any enterprise, the ability to direct or cause the
direction of the business and management policies or practices of
that enterprise.
Control of a business entity can be achieved in a number of ways:
A majority shareholding position i.e. 50% + 1 share,
An effective controlling shareholding;
A majority of a board of directors; and/or
A shareholders agreement
Black Shareholder Any shareholder that is a Black Person or a Black Enterprise.
Black Women Female African, Coloured and Indian South African citizens.
Direct Empowerment The process of BEE must result in an increase in the ownership and
control of the economy by black persons. This means that a
significant portion of Black People’s ownership of assets and
enterprises must be a controlling interest, reflecting genuine
participation in decision making at board executive management
and operational levels, and the assumption of real risk. In the
scorecard, direct empowerment focuses on ownership of
enterprises and assets through shares and other instruments that
provide the holder thereof with voting rights and economic benefits
such as dividends or interest payments
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Word/Expression Meaning
People with disabilities For the purpose of the scorecard, the definition of employees with
disabilities as contained in the Employment Equity Act applies. It
means employees who have a long-term or recurring physical or
mental impairment, which substantially limits their prospects of
entry into or advancement in employment. The total number of
employees with disabilities (irrespective of race or gender) is
expressed as a percentage of the total number of employees
(irrespective of race or gender) in all levels of the organisation
Discretionary Spend
The portion of total procurement where a company has the option
to determine whether goods and services can be procured from a
supplier. This figure is arrived at after deducting non-discretionary
procurement e.g. imports and other items provided by monopoly
suppliers such as water, electricity, telephone
Fronting Any entity, mechanism or structure established in order to
circumvent the BEE requirements as required under this RFP.
Fronting structures generally claim a higher BEE status that the
actual substantive economic benefits flowing to black beneficiaries.
The claims can be in the form of direct ownership, human resource
development and indirect ownership components as per the
balanced scorecard.
Learners The people participating in learnership and other similar
programmes as coordinated by Sector Education and Training
Authorities (SETA). In order to meet skills development
requirements Bidders may initiate a learnership program with the
applicable SETA
Subcontractors The counter-parties of the Private Party to the Subcontracts
including the Construction Subcontractors and the Operations
Subcontractors.
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1 IMPORTANT NOTICE
o The RFP and National Treasury’s Standardised PPP Provisions
o This procurement process is being conducted through a Request for
Proposals in accordance with regulatory framework and guidelines for
procuring PPP’s which is Regulation 16 of the PFMA and National
Treasury’s Standardised PPP Provisions.
o The NDoT has mandated the GTAC to assist in the procurement of the
Transaction Advisors and the National PPP Fleet Project. Based on that
mandate the GTAC is now issuing this RFP Bid to request
o Disclaimer
o This information has been prepared by the NDoT and GTAC using certain
assumptions and in good faith, based on information provided from various
sources. The NDoT and GTAC however does not accept any liability or
responsibility for its accuracy, adequacy or completeness.
o Any estimates or projections obtained as stated herein have been
prepared by the NDoT and GTAC, its employees, contractors and advisors
and involve elements of substantial subjective judgement and analysis,
which may or may not be correct.
o Neither the NDoT and GTAC, nor any of its Staff or contractors or advisors
make any representation or warranty or give any undertaking, express or
implied, or accept any responsibility or liability whatsoever, as to the
content, accuracy or completeness of the information contained herein, or
any other written or oral information made available in connection with this
process and nothing contained herein is, or shall be relied upon as, a
promise or representation, whether as to the past or the future.
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2 OVERVIEW OF THE RFP DOCUMENT
Table 4: Overview of the RFP Document
Question Response Reference to further
details contained in
the RFP
Who is NDoT?
The National Department of Transport
Section 2
Why is NDoT calling for bids
for vehicle fleet?
The current PPP contract has come to an end Section 2.3.2
What specifically does NDoT
require?
An end-to-end management solution for Fleet
as per minimum specifications specified in this
RFP.
Sections 2.2.3, 3, 4, 5,
6, 7 and 8
What are the project
timelines?
Implementation plan Section 7
What are the conditions for
bidding?
Typical conditions for PPP procurement of this
nature and magnitude – intended to safeguard
the interests of both NDoT and Bidders.
Section 8
What process will apply in
relation to the Bid?
A fair and transparent PPP process that
provides Bidders with adequate time to
conduct necessary research to compile a
competitive Bid.
Section 9
How will Bids be evaluated? In terms of evaluation criteria that were
determined based on the objectives and
requirements of NDoT.
Section 9
What are the General and
BEE Definitions?
General and BEE Definitions that apply
throughout this entire RFP
Section 10
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3 OVERVIEW OF THE PROJECT
3.1 Introduction
o The National Department of Transport (NDoT) has the mandate to provide
transport fleet management services for Government departments and
agencies/entities. On 14 November 2006, following a detailed feasibility
study, the National Department of Transport (Department) executed a fleet
management PPP agreement with Phakisaworld Fleet Solution regarding
the fleet management for interested departments, agencies and entities.
In 2014 a Request for Proposals was issued for appointment of the new
service provider for fleet and fleet related services but the Department did
not complete the evaluation process therefore it could not award the Bid.
o The NDoT would like to ensure the following:
The official transport needs of participating user departments are
captured, understood and met;
The cost of providing the transport needs of user departments is
minimized;
The State is relieved of capital expenditure requirements for future
investment in fleet operations;
The principles of black economic empowerment are recognised and
advanced;
The GMF transfers the risks and responsibilities relating to
maintaining the vehicle fleet to the private party;
User departments receive fleet services from fleet experts that will
introduce efficiency savings and identify and exploit economies of
scale for the benefit of user departments; and
Opportunities are maximised for NDoT staff and user departments to
develop and acquire more skills.
o The NDoT undertook a feasibility study in terms of the relevant National
Treasury regulations to the Public Finance Management Act to consider
what appropriate options are available for the provision of official vehicle
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fleets to the national government departments, taking cognisance of the
lessons learnt from the existing PPP agreement. The feasibility study to
investigate the options and prospects of continuing with the current fleet
provision on a PPP basis (pursuant to an appropriate procurement
process) has since been completed and National Treasury and the NDoT
have decided to proceed to procurement through a PPP process.
3.2 The National Fleet PPP Project
3.2.1 The Role of NDoT and Rationale for this Project
o The NDoT is responsible for facilitating the provision of motor transport
requirements for national government departments and for providing
guidance and support to provincial governments with respect to their motor
transport needs.
o The NDoT has historically been a provider of fleet management services
to government departments. The provision of the service stems from the
competence the NDoT commands as it relates to the provision of transport
policy, infrastructure and management capability. It is in this context that,
the NDoT has the responsibility to provide the framework for the provision
of fleet services to the user departments.
o The main role of the NDoT and its public entities in relation to the transport
sector are:
Policy and strategy formulation in all functional areas;
Substantive regulation in functional areas where NDoT has legislative
competence;
Implementation in functional areas where NDoT has legislative competence;
Leadership, coordination and liaison in all functional areas;
Capacity building in all functional areas;
Monitoring, evaluation and oversight in all functional areas; and
Stimulate investment and development across all modes.
o In implementing the fleet service, the NDoT:
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Brings to bear its competence in motorised transportation, leadership,
coordination and liaison;
Acquires the requisite capacity to ensure service requirements are met;
Provides oversight by managing service providers in the delivery of the
service; and
Is cognisant of investment and development opportunities that may be
achieved through the implementation of the project.
o As stated above, the NDoT is responsible for facilitating the provision of
motor transport requirements of national government departments and for
providing guidance and support to provincial governments with respect to
their motor transport needs.
o Consequently the NDoT has been providing fleet management services
solutions to government departments and entities. All vehicle related
policies are issued and maintained by the NDoT and enforced by the
provincial and national user departments.
3.2.2 Fleet Contracts:
o As part of the execution of its mandate, the NDoT has a number of different
fleet contracts with service providers in order to meet the fleet services for
the user departments. The idea is to ensure economies of scale and
consolidation of services that are outsourced. All users of government fleet
utilize the transversal contracts as administered and managed by the
NDoT and National Treasury irrespective of the operating model in use by
the various user departments. All Government departments can access
and utilise these contracted services. These include the following:
RT46 – Administration of maintenance, fuel and repairs. The contract
makes provision for the procurement of fuel through either a fuel card or
Vehicle Identification Technology;
RT57 – The procurement of vehicles. The current service providers in
terms of the RT57 contract are all the motor companies that have local
manufacturing plants such as Ford South Africa, Nissan, Volkswagen,
General Motors, BMW, Daimler Chrysler and Toyota;
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RT68 – Finance of Subsidized vehicles. The RT68 service provider
receives the vehicle order from the user department once the application
of the official in question was approved. The finance service provider
needs to ensure that the official that applied for the vehicle conforms to
the affordability requirements as set out in the National Credit Act as well
as ensure that the official is not listed on ITC;
RT62 – Maintenance of Subsidized Vehicles. Once the finance agreement
has been signed with the finance service provider in terms of contract
RT68, the maintenance agreement with the maintenance service provider
in terms of contract RT62 automatically comes into effect;
RT58 – Insurance of Subsidized Motor Vehicles. The contract is based on
what is known in the insurance industry as a “rental-captive”. Once the
finance agreement in terms of contract RT68 is signed, the vehicle is
automatically insured;
Public Private Partnership – Vehicle fleets for National Departments. The
contract is a full maintenance lease agreement and the service provider is
responsible for all cost incurred in terms of the vehicle. The departments
pay a fixed monthly fee that includes a certain number of kilometres; and
POB – Full Maintenance Lease Agreement for vehicles of Political Office
Bearer. The contract for the provision of vehicles to Political Office Bearers
is based on the principles of a full maintenance lease agreement;
o Not all the national departments are part of the PPP; some still remain with
the trading entity model, the government garage (budget) model or
department administering their fleet needs individually.
3.2.3 The Public Private Partnership Procurement Model
o The NDoT’s core business is that of formulation, coordination,
implementation and monitoring of transport policies and strategies. The
operational management of vehicle fleet falls outside its core competency.
o Thus, the NDoT is seeking to procure an end-to-end Fleet Solution and
services on the basis of a Public Private Partnership in terms of Regulation
16.
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o The terms and conditions for PPP procurement are regulated by the
National Treasury’s PPP Guidelines, copies of which are available from
http://www.ppp.gov.za. This RFP process has been designed in
accordance with these stipulations.
3.2.4 Project Methodology and Approach
o The project approach, as already stated, and methodology is based on
National Treasury’s guidelines for establishing PPPs and this project is
being conducted in accordance with Regulation 16 and the National
Treasury’s PPP Manual which provides a best practice guide to the PPP
framework and processes. The preferred bidder will be expected to strictly
adhere to this project approach and methodology throughout the duration
of the project.
o The steps are illustrated in the diagram below and more detail can be
found at http://www.ppp.gov.za
The feasibility study undertaken covered the following aspects:
Needs analysis
Options analysis
Due diligence
Value assessment and Risk
Procurement plan
o Figure 1: Project Approach
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3.2.5 Project Procurement Activities
Table 3: Procurement Activity
Activity Detail
Project Approval and
Registration as a PPP
The Project was approved by NDoT and subsequently registered
with the National Treasury to determine the viability of entering
into a Public Private Partnership.
Appointment of Project
Officer
The Project Officer is the Director Government Fleet, Mr Mlungisi
Maphanga who has the accountability and single point of
responsibility for the project activities and PPP deliverables.
Appointment of Transaction
Advisors
DM5 Incorporated was appointed as the Transaction Advisors in
April 2018.
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Activity Detail
The specific role of the Transaction Advisors is to assist with
updating the feasibility study and procurement documents, as
well as the management of the entire project and procurement
process.
Options Analysis and
Feasibility Study –
Information Gathering
In terms of National Treasury’s PPP Regulations and Best
Practice Guidelines, a detailed Options Analysis and Feasibility
Study must be conducted. Thus, the methodology and approach
taken by the Transaction Advisors in gathering the necessary
information and selecting the best options was based on the
Guidelines. This entailed the following activities:
Conducting initial interviews and workshops with relevant
Government Departments to determine needs and affordability.
Gathering information from the current private party service
provider.
Gathering all relevant information pertaining to numbers of
vehicles.
Identifying legal and financial issues affecting the project,
including procurement, financial management and project
management issues arising from the PFMA, and other applicable
legislation and regulations.
TA1 Application and
Approval Granted by PPP
Unit
The Feasibility Study were approved by both the NDoT
Executive, and the GTAC PPP Unit in 2014, and the updated
feasibility study approved in June 2018, with formal approval that
the project moves into the procurement phase.
Invite for Bid Issued The Invite for Bid publicised in the Government Tender Bulletin
on eTenders.
Final Date for Submissions
of Bids/Proposals
The Bids/Proposals must be submitted at the GTAC Tender Box,
240 Madiba Street, National Treasury Building, 240 Madiba
Street, Pretoria 0001, 24th Floor at the Reception
Area by 11am on 31 January 2019.
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Procurement Process going forward:
Figure 2: Procurement Process
3.2.6 Private Party Services Required
o The NDoT requires an end-to-end Fleet Solution and services, for the
participating user departments. The project involves the provision of fleet
management services to participating government departments,
agencies/entities over a specified period of time. The fleet management
services to be provided include the following:
Leasing of the fleet;
Maintenance of the fleet;
Contract execution / management – operations, administrative, financial,
human resources;
Risk management – insurance and claims management;
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Provisions of an Information Technology System that will enable the user
departments plan and manage the fleet usage;
Roadside assistance for covering incidences inter alia, breakdowns, hijackings
or theft;
Value added services such as car washes, valet services, management of
fines, toll fees;
Management of running costs – fuel and the provision of facilities for fuelling;
The provision of the required number and types of vehicle and related services;
Training of NDoT and user department personnel as fleet officers; and
A flexible framework for incorporating additional user departments and
agencies/entities throughout the contract term.
o NOTE: The NDoT / Departmental personnel will remain responsible for the
driving of vehicles, unless in specific circumstances where vehicles are
requested with drivers.
3.2.7 Project Background
3.2.7.1 Status Quo
o Currently these fleet management services are provided by a private
sector party, Phakisaworld. The feasibility study encompassed a review of
the current arrangement for fleet management services and a
determination of the best option to take the process forward that provides
value for money, affordability and risk transfer for the NDoT as well as all
the user departments.
Currently, the vehicles are spread throughout all the provinces. The current fleet is spread out in
the nine (9) Provinces with most vehicles located in Gauteng, Eastern Cape, Mpumalanga and
KwaZulu Natal. The Northern Cape has lowest number of fleet vehicles.
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Table 4: Current Vehicle by Province
Table 5: Current Vehicles by Department There are 13 departments and 3 agencies/entities as part of the current PPP arrangement.
The current fleet is comprised of different types of vehicles and different specifications. These units
comprise both the standard passenger vehicles, vans, trucks as well as specialised units within the
different user departments. The table above reflects the fleet composition of the different types. It
should be noted that the information above is historical.
2017 VEHICLES PER REGION
EASTERN CAPE 238
FREE STATE 91
GAUTENG 893
KWAZULU NATAL 214
LIMPOPO 240
MPUMALANGA 121
NORTH WEST 141
NORTHERN CAPE 101
WESTERN CAPE 206
Grand Total 2 245
EA
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tal
COMPANIES AND INTELLECTUAL PROPERTY COMMISSION 3 3
DEPARTMENT OF AGRICULTURE, FOR 55 3 29 11 17 1 2 118
DEPARTMENT OF CORRECTIONAL SER 16 16
DEPARTMENT OF ECONOMIC DEVELOPMENT 12 12
DEPARTMENT OF HEALTH 154 154
DEPARTMENT OF HIGHER EDUCATION 6 6
DEPARTMENT OF PUBLIC SERVICE A 24 24
DEPARTMENT OF PUBLIC WORKS 30 22 181 33 15 10 13 14 86 404
DEPARTMENT OF SMALL BUSINESS DEV 18 18
DEPARTMENT OF TRADE AND INDUSTRY 42 42
DEPARTMENT OF TRANSPORT 17 17
DEPARTMENT OF WATER & SANITATION 88 31 260 65 146 33 55 42 64 784
OFFICE OF THE PUBLIC PROTECTOR 3 3 4 4 3 11 4 3 35
STATS SA 62 32 160 83 64 58 61 41 51 612
Grand Total 238 91 893 214 240 121 141 101 206 2245
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4 PROJECT AFFORDABILITY AND CONTRACT PARAMETERS
4.1 Introduction to the Affordability Limit
o The NDoT has decided not to convey to prospective Bidders an explicit
statement of Affordability for the project in order to create competition and
to test the assumptions reached in the feasibility study. The NDoT will use
the Affordability limit established in the feasibility study as a benchmark
test for the Proposals submitted by Bids.
o The Payment Mechanism, in the form of the Unitary Payment for the
project, will also be fixed and only the non-capital related components
thereof will escalate by CPI annually throughout the duration of the
agreement.
4.2 Financing
o The service provider will raise its own finances.
4.3 Asset Ownership
o The service provider will own the assets (vehicles and administration
infrastructure).
4.4 Cost / Pricing Drivers
o The following key parameters were taken into consideration during the
determination of the Cost Drivers. The bidders will need to determine / set
and define the relationships across these parameters in their Proposals in
order to determine the Unitary Payment. The list below is only indicative
of the qualitative and quantitative considerations used in the cost driver
calculations.
Table 6: Cost Driver considerations
o PARAMETER o KEY
CONSIDERATIONS
o Asset cost
parameters:
Vehicle purchase prices per model
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o PARAMETER o KEY
CONSIDERATIONS
Finance / interest rate
Residual
Loan period
Inflation rate
Exchange rates
Fleet Discounts
Fleet rotation vs. Mileage (KM actually
travelled)
Vehicle market value taking into account
mileage covered and the age of the
vehicle
Fleet discounts
Accessories & fitting costs
Non-standard fitting Modification costs
o Running costs
parameters:
o
Robust vehicle selection process
Overall Vehicle reliability and durability
Inflation rate
Exchange rates
Fuel consumption per km
Fuel costs
Administration costs
Toll road fees
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o PARAMETER o KEY
CONSIDERATIONS
o Maintenance
parameters:
o
Inflation rates
Maintenance cost per km
Tyre costs per km
o Service /
Maintenance
frequencies
Coverage of service/ maintenance plan /
warranty
o Value added
services
parameters:
o
Road side assistance
VMS - Vehicle security and tracking
Vehicle licensing costs
Fines administration
Other value added services
o Insurance rates (percentage of purchase price)
o Administration
cost parameters:
o
Management Information Systems
General administration costs and SPV
overheads
o Risk
o Profit margin
o
4.5 Key Assumptions
o Key assumptions are:
Average utilisation of vehicles per month 2500 km;
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Vehicles are rotated once target mileage or age is reached, and
Vehicle market value – vehicles still have positive market value once mileage
and age is reached (at the point of rotation) .
4.6 Contract Period
o The NDoT proposes two options 8 and 5 years PPP Agreement Term
having taken into consideration the following factors:
o Allow time for the SPV to consolidate processes and the relationship with
both the user departments and its service providers. The new permanent
fleet must be phased-in over the following parameters 120 000 Km or 5
years for standard vehicles and 150 000Km or contract period for heavy
vehicle. At the end of this period the permanent fleet vehicles must be
fully operational and available;
o Reduce operations disruptions; and
o Create a conducive environment for the PPP to structure favourable
relations with its business partners.
4.7 Envisaged Risk Transfer
o Pertinent risks to the project have been identified, quantified and will be
allocated appropriately between NDoT and the prospective bidder.
Bidders are expected to review these risks and provide sufficient detail on
how they intend to mitigate these risks. A Risk Transfer Matrix (Annexure
X) is attached to this RFP. For each risk indicated, Bidders are required to
indicate their unequivocal and unambiguous acceptance (or not) for that
specific risk. If Bidders elect not to accept a specific risk, they are required
to indicate their reasons for refusing to accept that risk in writing. For each
risk accepted, Bidders are required to provide an overview of the key risk
mitigation steps they propose to undertake to manage and alleviate that
risk
o A draft PPP Agreement is attached and bidders are expected to mark this
up, to the extent required bearing in mind that the nature and extent of the
mark ups may adversely affect the Proposal.
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4.8 Payment Mechanism
o The payment mechanism for this contract has been specifically designed
with emphasis on the importance of availability and compliance with
operational availability requirements. The payment mechanism will
operate on the following basis:
4.8.1 Monthly Invoicing and Payments for Long Term Fleet
o Participating user departments shall pay in arrears on a monthly basis, to
the private party, an all-inclusive Unitary Payment based on the Rate Card
in South Africa Rand. Notwithstanding this broad principle, it should be
noted that simply providing a User Department with a single page invoice
indicating a single lump sum due, will be rejected.
o The Unitary Payment/ Rate Card, as indicated above, is the lump sum
payment for provision of all goods and services (made up of individual
Usage charges for each of the vehicles in the fleet as per the applicable
Rate Card costs for each of the vehicles) included in the contract in
compliance with agreed Service Level specifications.
o User Department invoicing shall take place as follows - A consolidated
invoice per user department will contain the amounts payable in respect
of the services for the previous month. User departments may at their
discretion request that the Consolidated Invoices be stratified e.g. by Cost
Centre, Geographical location or other internal Classification system as
deemed convenient, as agreed with the Private Party from time to time.
The invoice shall contain full details on a per vehicle basis for each item in
the fleet and detail the invoice breakdown as per the Rate card, and
indicate Total Costs for the full fleet for the month. This invoice shall
include as a minimum (but not necessarily be limited to):
o Unique individual Fleet Number,
o Date each vehicle joined the fleet, or was permanently removed from the
fleet,
o Individual Vehicle Registration Number,
o Cost centre to which that specific vehicle is located,
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o Location from where vehicle is ordinarily administered,
o Local Area Office / Project to which vehicle is allocated or utilised,
o Driver Name and Surname,
o Vehicle Make, Model, and Model derivative,
o Monthly costs per Rate Card for that category and model of vehicle based
on standard 2500 km utilisation,
o Monthly cost for approved modifications, fittings and accessories for each
vehicle,
o Actual utilisation in km for the month,
o Costs per the all-inclusive Rate Card rate are to be adjusted for Excess
rates where the actual km exceeded the contractually agreed 2500km per
month /Refund rates where the actual km travelled did not exceed the
contractually agreed 2500km per month.
o The total costs to be invoiced shall be determined on a per-vehicle basis,
full details of which shall be made available to User Departments. This
shall include supplying all of the following:
o Hard-copy invoice compliant with SARS invoicing requirements in all
material aspects as applicable from time to time,
o Electronic Pdf copy of original invoices, AS WELL AS
o Supporting working sheets and calculations in workable electronic format
such as Excel to facilitate the reconciliation process for Users
Departments. The provision of full working sheets with visibility on all
calculations to User Departments will be at the exact same time as the
provision of the consolidated invoice and electronic copies;
o The Private Party shall invoice monthly in arrears.
o In accordance with good accounting practise, completeness and
transparency as may apply from time to time, a monthly Statement will
produced (in similar format to invoices) clearly reflecting a reconciliation
on a Per Vehicle and overall basis (which shall include, but not necessarily
be limited to) the following:
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o Fleet Costs invoiced this month,
o Prior month Fleet Costs paid vs invoiced,
o Prior month Fleet Costs still outstanding (if applicable),
o Prior month Fleet Costs previously disputed (if applicable),
o Prior month Disputes resolved or remaining / Escalation steps (if
applicable),
o Where applicable, User departments will indicate disputes for this month
in writing
o Payment shall be effected through an Electronic Transfer;
o The Private Party Information Technology System shall enable and ensure
that the User Departments have access to the fleet management
information and system utilised on this project.
4.8.2 Monthly Invoicing and Payments for Short & Medium Term Fleet as well as
Bus rentals
o Participating User Departments shall pay in arrears on a monthly basis, to
the private party, an all-inclusive Payment in South Africa Rand. This is
the lump sum payment for provision of all individual short or medium rental
charges for the previous period. These costs will be as per the applicable
Rate Card costs for the categories of vehicles actually used in compliance
with agreed Service Level specifications.
o User Department invoicing shall take place as follows - A consolidated
invoice per user department will contain the amounts payable in respect
of the services for the previous month – one invoice per rental category
(e.g. short term rental, medium or long term rental, commercial rental,
point-to-point, chauffeur services, etc).
o User departments may at their discretion request that the Consolidated
Invoices be stratified e.g. by Cost Centre, Geographical location or other
internal Classification system as deemed convenient, as agreed with the
Private Party from time to time. The invoice shall contain full details on a
per vehicle basis for each rental transaction that occurred in the previous
month for that department. The invoice breakdown will be based on rates
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as per the Rate card for the applicable period, and indicate Total Costs for
that rental category for the month. This invoice shall include as a minimum
(but not necessarily be limited to):
o Transaction date,
o Unique individual Transaction Number / Individual Rental invoice number,
o User Department,
o Cost centre code,
o Driver details (Name, Surname) – For contract purposes ID details shall
be retained on file, and made available if confirmation is requested.
o Trip approval number,
o Trip approved by (Name and Surname)
o Vehicle classification booked,
o Vehicle classification actually issued,
o Vehicle issued details (make, model, model derivative),
o Individual Vehicle Registration Number,
o Date individual booking was made,
o Date the vehicle was collected,
o Date the vehicle was returned,
o Days billed,
o Issuing location from where the vehicle was collected or delivered,
o Issuing location to where the vehicle was returned or delivered,
o Rate per day per applicable rate card (which shall be based on the lowest
rate card cost of vehicle class booked vs vehicle class actually issued),
o Actual KM travelled,
o Excess KM over minimum included free km per day,
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o Rate per km for Excess,
o Excess KM charges,
o The supporting details of total costs shall be made available to User
Departments. This shall include supplying all of the following:
o Hard-copy invoice compliant with SARS invoicing requirements in all
material aspects as applicable from time to time,
o Electronic Pdf copy of original invoices, AS WELL AS
o Supporting working sheets and calculations in workable electronic format
such as Excel to facilitate the reconciliation process for Users
Departments. The provision of full working sheets with visibility on all
calculations to User Departments will be at the exact same time as the
provision of the consolidated invoice and electronic copies;
o The Private Party shall invoice monthly in arrears.
o In accordance with good accounting practise, completeness and
transparency as may apply from time to time, a monthly Statement will
produced (in similar format to invoices) clearly reflecting a reconciliation
on a Per Vehicle, Per Category and overall basis (which shall include, but
not necessarily be limited to) the following:
o Rental Costs invoiced (by category),
o Prior month Costs paid,
o Prior Month Costs still outstanding (if applicable),
o Prior Costs previously disputed (if applicable),
o Disputes resolved or remaining / Escalation steps (if applicable),
o Where applicable, User departments will indicate disputes for this month
in writing
o Payment shall be effected through an Electronic Transfer;
o The Private Party Information Technology System shall enable and ensure
that the User Departments have access to the fleet management
information and system utilised on this project.
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5 PERFORMANCE MONITORING
5.1 Performance Monitoring
o The Private Party will report on a monthly basis to the NDoT and user
departments through the Operations and Client Liaison offices. These
reports will be submitted to the Steering Committee that will meet to
deliberate these.
o The Private Party will ensure the reports submitted indicate the obligations
contracted to be performed and the compliance therewith. Where there is
non-compliance in any particular month, this will be highlighted and where
applicable a penalty raised and the situation rectified to ensure
compliance.
o Further, there will be a Technical Risk Committee that will oversee
technical, risk and non-performance issues raised at an operational level.
This will be an NDoT Committee which the Private Party will attend by
invitation in order resolve any issues that might arise.
o There will be a Contract Management Unit established in order to ensure
the contract obligations are being achieved over the life of the project.
o There is a Service Level Agreement (“SLA”) with service requirements and
performance standard (Annexure A) as well as a Target Group obligation
schedule (Annexure D). Both these documents as well as the draft PPP
Agreement are attached and provide clear guidelines in terms of
obligations and levels of performance required.
5.2 Penalty Mechanism
o Penalties will be levied for failure to meet agreed Service Levels and well
as not meeting the Target Group obligations. It is important to note that
the purpose of the penalty structure is to ensure performance and
compliance of service from the Private Party rather than the accumulation
of funds.
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6 DETAILED ASSET AND SERVICE OUTPUT
6.1 Introduction
o This Asset Output Specifications section below contains details of the
assets required for the provision of fleet solutions generally to allow
Bidders the opportunity to develop and propose innovative solutions. In
certain instances, however, the special operating requirements make
certain elements mandatory.
o In line with the business requirements of NDoT, Bidders’ proposals must
comply with the minimum requirements contained in this section, as well
those indicated in the SLA Schedule attached to the PPP Agreement.
o Please note quantitative amounts in this section are indicative as user
departments may opt to participate or not participate. The amounts
however provide an indication of the scale involved. Further details of the
service specifications are contained in the SLA.
6.2 Participating Departments
o Following the feasibility study the following represents the participating
user departments going forward:
Table 7: Representation of participation departments:
Participating: there are a number of the existing user departments that have expressed interest in continuing with the PPP arrangement. These include:
CIPC
Department of Correctional Services
Department of Trade and Industry
Department of Health
Department of Public Works
Department of Transport
Department of Public Services and Administration
Department of Higher Education and Training INDLELA
Department of Small Business Development
Department of Water Affairs
Statistics South Africa
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6.3 Overall Fleet Management
1. The project is primarily defined as the provisioning of both fleet and fleet management
services to participating National User Departments. This entails providing a user with
a reliable vehicle best suited to the intended application, as well as peripheral services
– fuelling, maintenance, asset security and insurance and administration of the overall
service.
2. The fleet management services cover all aspects of the vehicle life cycle from selection
and procurement, through maintenance and ensuring operation availability, to disposal
and de-fleeting / vehicle rotation. An important departure point is therefore managing
the selection and ordering process of vehicle models to optimise:
a. Fleet availability,
b. Fleet reliability,
c. Fleet durability,
d. Fleet operational cost efficiency, including but not limited to fuel efficiency, tyre
durability and overall fleet maintenance and service quality.
3. A further requirement is providing robust and durable fittings and after-market
modifications including but not necessarily limited to canopies, working or cabin lights,
hydraulic cranes, tow bars, bull bars, and other specialised equipment requirements (if
required to do so). The Service Provider is also responsible for managing the
installation, required servicing and maintenance of such modifications, accessories or
fittings in compliance with applicable OEM or legislative requirements such as the
annual certification of booms and cranes and OHS compliance
4. Provision of professional and comprehensive fleet management and administration
services:
a. Accurate and complete invoicing of services provided, thereby ensuring that
all invoices comply with all contractual terms, all legislative and PFMA
requirements, and are timeously received to allow for reconciliation and
payment by user departments. The service provider is required to ensure that
all invoices are valid, accurate and complete, and that all the charges are
necessary, reasonable, market-related and have been duly scrutinised and
authorised by the service provider’s management and passed all internal
controls,
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b. Provision of relevant and timeous Management Information reports and
hands-on advice to assist user departments in the optimization of the fleet
and management of day-to-day fleet expenses,
c. Managing, administering and maintaining accurate and complete records of:
i. All Assets, after-market accessories, modifications & fittings,
ii. All maintenance and repair costs and records,
iii. All tyre replacement, balancing and wheel alignment,
iv. All vehicle or component warranty or guarantee claims and service
or maintenance plans,
v. All accident repairs,
vi. All insurance related claims,
vii. All driver abuse and damages,
viii. All traffic offences and AARTO fines;
ix. All toll fees including e-tolls,
x. All fuel and oil costs,
d. Monitoring and managing the utilisation of vehicles, and providing hands-on
assistance with over / under-utilisation of fleet in order to assist optimising
the user department’s available budget,
e. Provision of management information regarding all vehicle expenses and
utilisation including but not limited to expense forecasting that allow
departments to plan, including but not limited to what-if scenario analysis that
allow departments to see the effect of swopping vehicles, or upgrading,
downgrading between different models and brands or redeploying vehicles
for cost planning and budgeting purposes
5. Provision of managed maintenance services:
a) Provision of routine maintenance and preventative maintenance as specified by
the leased vehicle’s manufacturer (OEM) in compliance with OEM warranty and or
motor plan specifications, and as dictated by the vehicle’s operating conditions,
b) Facilitating repairs in response to requests from the user departments,
c) Provision of all tyre selection and replacement, balancing and wheel alignment per
OEM specification. Specific attention should be paid to robust selection of durable
tyres for off-road applications
6. Providing replacement courtesy vehicle where planned maintenance, unplanned
repairs or any other reason may lead to the Leased Vehicle’s availability service level
not being met;
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7. Providing comprehensive insurance cover,
8. Providing of a fuel payment facility specific to each individual vehicle for long term,
short term, medium term as well as courtesy replacement vehicles so that vehicles can
be refuelled at any location in South Africa at retail filling stations. The same payment
facility should be usable to pay for traditional toll gates country wide as well as
purchases of oil top-ups. This facility shall be available on a 24 hour a day, 7 days a
week basis;
9. Providing e-toll tags and a payment facility for other traditional tolls which is acceptable
at toll gates across the country. Administration of e-toll as well as traditional toll
payments;
10. Planning and provision of vehicle rotation services to prevent disruptions to user
departments
11. Investigations, Management and Reporting of all instances of:
a. Fuel fraud or theft including but not limited to frequent re-fuelling, fuelling
exceeding vehicle capacity, fuelling of other vehicles, etc.
b. Vehicle theft or hi-jack,
c. Suspected Driver abuse, dangerous driving and or damages;
d. Traffic offences and fines;
e. Unexpected or untimely maintenance and repairs where repairs are required
outside of the anticipated repair cycle, including but not limited to suspected
cases of part-swapping, battery or tyre replacement, etc;
f. Over and under-utilisation;
12. Providing “bulk fuel” cards for procurement of fuel at the request of user departments;
13. Registration and licensing of leased vehicles with the local authorities according to
legislation and ensuring that vehicles remain in fully road-worthy condition and in
compliance with all transport legislation at all times;
14. Vehicle cleaning;
15. Providing country-wide breakdown service and roadside assistance on a 24-hours a
day, 7-days a week basis throughout the duration of the agreement;
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16. Providing training to user departments:
a. Technical training (for fleet optimization purposes),
b. Financial training (for cost management purposes),
c. Driver training,
17. Establishing, operating and managing a Call Centre facility to facilitate communication
across the services being provided operating 24/7 for user queries, booking or service
requests, break-down assistance or other support requests;
18. Obtaining and maintaining an in-depth knowledge of the user departments’ business
to be in a position to advise the user departments on vehicle rostering, utilization and,
if so elected, route determination. Supplying accurate and relevant management
information to the user departments on a continuous basis to enable the departments
to manage its fleet efficiently and cost effectively; and
19. Installing and monitoring Vehicle Management Technology (“VMT”) in all long term
Vehicles that allows for comprehensive vehicle and driver tracking and monitoring,
including vehicle recovery services after a theft or hi-jack.
20. Providing a secure and reliable, access controlled web-based vehicle Management
Information System (“MIS”) portal to User Departments where statistical and real-time
information as well as financial details, copies of invoices and supporting documents
can be electronically obtained, from where departments can place requests or manage
bookings and fleet, run or request statistical analysis on their fleet data.
21. Provision of secondary services – provision of, management and administration of the
booking and billing around appropriate non-long term vehicle rentals and transport
requirements:
a. Short term rental vehicles
b. Ad-hoc and medium tern rental vehicles
c. Chauffeur and luxury vehicle services for qualifying events or senior officials
d. Point-to-point or Bus Transport services
These requirements are discussed in more detail in the following sections:
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6.4 Long Term Vehicle Leases
6.4.1 Regional distribution
o Bidders are advised to note that while vehicles might be ordinarily
stationed in a specific location, it is possible that vehicles might be re-
allocated according to operational requirements from time to time.
o Provincial distribution has been indicated in Table 4: Current Vehicle by
Province. It follows that this provincial distribution might change from time
to time.
o The following can be considered as an illustrative (but not absolute nor
comprehensive) representation of where vehicle are administered from
across South Africa:
o
Administered from – Locations – BLUE ICONS
Cost centre name – Locations – GREEN ICONS
o It should be noted that Vehicles might be administered from one location,
but be deployed in a different location.
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6.4.2 Indicative Projected Vehicle Demand
o The table below provides an indicative number of vehicles per category
(long term lease) required by user departments going forward:
Table 8: Indicative Projected Vehicle Demand
LONG TERM (FML) NEEDS
Fleet as at 2017
Fleet required 2018-2019
Fleet required 2019-2020
Fleet required 2020-2021
Fleet required 2021-2022
Fleet required 2022-2023
COMPANIES AND INTELLECTUAL PROPERTY COMMISSION 3 3 3 3 3 3
DEPARTMENT OF AGRICULTURE, FOR 118 118 118 118 118 118
DEPARTMENT OF CORRECTIONAL SER 16 16 16 16 16 16
DEPARTMENT OF ECONOMIC DEVELOPMENT 12 12 12 12 12 12
DEPARTMENT OF HEALTH 154 154 154 154 154 154
DEPARTMENT OF HIGHER EDUCATION 6 6 6 6 6 6
DEPARTMENT OF PUBLIC SERVICE A 24 24 24 24 24 24
DEPARTMENT OF PUBLIC WORKS 404 404 404 404 404 404
DEPARTMENT OF SMALL BUSINESS DEV 18 18 18 18 18 18
DEPARTMENT OF TRADE AND INDUSTRY 42 42 42 42 42 42
DEPARTMENT OF TRANSPORT 17 17 17 17 17 17
DEPARTMENT OF WATER & SANITATION 784 784 784 784 784 784
STATS SA 612 612 612 612 612 612
Grand Total 2245 2245 2245 2245 2245 2245
o In the recent past 3 years the fleet size appears to have remained relatively
stable.
o The above projected volumes by broad vehicle classification is based on
analysis of fleet as at Nov 2017, and is provided in good faith for
information purposes only. This analysis should be consider more
indicative and not absolute as departmental needs might change over
time.
o Neither NDOT, its advisors and consultants, nor any of the User
Departments make any guarantees or warranties of any kind, expressed
or implied about future transaction volumes, utilisation nor breakdown nor
regional distribution.
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6.4.3 Long Term Vehicle Classifications
Table 9: High-level Vehicle Classifications
Fle
et
as a
t 2
01
7
Fle
et
req
uir
ed
20
18
-20
19
Fle
et
req
uir
ed
20
19
-20
20
Fle
et
req
uir
ed
20
20
-20
21
Fle
et
req
uir
ed
20
21
-20
22
Fle
et
req
uir
ed
20
22
-20
23
COMPANIES AND INTELLECTUAL PROPERTY COMMISSION 3 3 3 3 3 3
LCV'S 1 1 1 1 1 1
SEDANS 2 2 2 2 2 2
DEPARTMENT OF AGRICULTURE, FOR 118 118 118 118 118 118
BUS 1 1 1 1 1 1
LCV'S 85 85 85 85 85 85
SEDANS 9 9 9 9 9 9
TRUCKS 18 18 18 18 18 18
TRUCKS – SPECIALISED 5 5 5 5 5 5
DEPARTMENT OF CORRECTIONAL SER 16 16 16 16 16 16
SEDANS 16 16 16 16 16 16
DEPARTMENT OF ECONOMIC DEVELOPMENT 12 12 12 12 12 12
LCV'S 1 1 1 1 1 1
MINI BUSSES 1 1 1 1 1 1
SEDANS 10 10 10 10 10 10
DEPARTMENT OF HEALTH 154 154 154 154 154 154
LCV'S 22 22 22 22 22 22
MINI BUSSES 4 4 4 4 4 4
SEDANS 128 128 128 128 128 128
DEPARTMENT OF HIGHER EDUCATION 6 6 6 6 6 6
LCV'S 1 1 1 1 1 1
MINI BUSSES 1 1 1 1 1 1
SEDANS 4 4 4 4 4 4
DEPARTMENT OF PUBLIC SERVICE A 24 24 24 24 24 24
LCV'S 1 1 1 1 1 1
SEDANS 23 23 23 23 23 23
DEPARTMENT OF PUBLIC WORKS 404 404 404 404 404 404
LCV'S 130 130 130 130 130 130
MINI BUSSES 37 37 37 37 37 37
SEDANS 218 218 218 218 218 218
TRACTORS 2 2 2 2 2 2
TRUCKS 2 2 2 2 2 2
TRUCKS – SPECIALISED 15 15 15 15 15 15
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Fle
et
as a
t 2
01
7
Fle
et
req
uir
ed
20
18
-20
19
Fle
et
req
uir
ed
20
19
-20
20
Fle
et
req
uir
ed
20
20
-20
21
Fle
et
req
uir
ed
20
21
-20
22
Fle
et
req
uir
ed
20
22
-20
23
DEPARTMENT OF SMALL BUSINESS DEV 18 18 18 18 18 18
LCV'S 2 2 2 2 2 2
SEDANS 16 16 16 16 16 16
DEPARTMENT OF TRADE AND INDUSTRY 42 42 42 42 42 42
LCV'S 1 1 1 1 1 1
SEDANS 41 41 41 41 41 41
DEPARTMENT OF TRANSPORT 17 17 17 17 17 17
MINI BUSSES 1 1 1 1 1 1
SEDANS 16 16 16 16 16 16
DEPARTMENT OF WATER & SANITATION 784 784 784 784 784 784
BUS 6 6 6 6 6 6
LCV'S 482 482 482 482 482 482
MINI BUSSES 65 65 65 65 65 65
SEDANS 201 201 201 201 201 201
TRUCKS 25 25 25 25 25 25
TRUCKS – SPECIALISED 5 5 5 5 5 5
STATS SA 612 612 612 612 612 612
LCV'S 137 137 137 137 137 137
MINI BUSSES 15 15 15 15 15 15
SEDANS 460 460 460 460 460 460
Grand Total 224
5 224
5 224
5 224
5 224
5 224
5
Below, the indicative composition of the current fleet is indicated with broad parameters or
guidelines to assist with uniform interpretation. This is provided as departure point to assist bidders
to spec and select their fleet.
Bidders are required to analyse departmental needs and consider the current fleet composition on
a model-by-model basis. Bidder will apply their own unique insights and recommendations based
on their industry experience as well as fleet management best practise and new industry
developments to recommend suitable future replacement models which will optimise over-all:
a. Fleet availability,
b. Fleet reliability,
c. Fleet durability,
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d. Fleet operational cost efficiency, including but not limited to fuel efficiency, tyre
durability and overall fleet maintenance and service quality
On appointment, but before finalising final fleet numbers for ordering, the appointed bidder will
commence with a fleet optimisation process. This is an ongoing process that will be guided by a
study and deeper understanding of user departments’ actuals needs and application for each
vehicle. This study will consider operational requirements, gathered based on site visits, interviews
and understanding the terrain and operating conditions. Specific attention is required to finalise and
select suitable vehicle accessories, modifications and fittings for installation prior to delivery.
It follows that final fleet and model distribution might vary somewhat from what has been indicated
below. Departments may have requirements not currently addressed, and or may in specific
instances need to re-allocate vehicles internally. Situations might exist e.g. where users currently
have to make do with a 4x2 LCV with regular suspension, where a diff-lock equipped model with
raised suspension or possible even a 4x4 model would have been justified. Similarly, other
changes are also plausible. Due to continuous development in the motor industry, new models
might be available that better address requirements or offer more value-for-money or technological
improvements or quality / performance enhancements.
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Table 10 B: Detailed Current Fleet Vehicle Classification
RE
FE
RE
NC
E
HIG
H-L
EV
EL
CL
AS
SIF
ICA
TIO
N
SU
B-
CL
AS
SIF
ICA
TIO
N
IND
ICA
TIV
E E
NG
INE
CA
PA
CIT
Y I
N C
C
IND
ICA
TIV
E P
AY
LO
AD
IN T
ON
NE
4 X
2
4 X
4
6 x
4
TO
TA
L
SIN
GL
E C
AB
EX
TE
ND
ED
CA
B
DO
UB
LE
CA
B
TO
TA
L
RE
GU
LA
R
SU
SP
EN
SIO
N
RA
ISE
D S
US
PE
NS
ION
4X
4 S
US
PE
NS
ION
TO
TA
L
A1 BUS Bus - 35 seat 6 0 0 6 0
A2 BUS Bus - 50 seat 1 0 0 1 0
A3 LCV LCV Entry - 1 TON 2000-2200 3 0 0 3 3 3 3 3
A4 LCV LCV Entry - 1 TON 2000-2200 0 16 0 16 16 16 16 16
A5 LCV LCV Entry - 1 TON 2000-2200 136 0 0 136 136 136 136 136
A6 LCV LCV Entry - 1 TON 2000-2200 0 3 0 3 3 3 3 3
A14 LCV LCV Mid-Range - 1 TON 2400-2700 0 56 0 56 56 56 56 56
A15 LCV LCV Mid-Range - 1 TON 2400-2700 0 60 0 60 60 60 60 60
A16 LCV LCV Mid-Range - 1 TON 2400-2700 0 121 0 121 121 121 121 121
A17 LCV LCV Mid-Range - 1 TON 2400-2700 76 0 0 76 76 76 76 76
A18 LCV LCV Mid-Range - 1 TON 2400-2700 18 0 0 18 18 18 18 18
A19 LCV LCV Mid-Range - 1 TON 2400-2700 0 62 0 62 62 62 62 62
A20 LCV LCV Mid-Range - 1 TON 2400-2700 94 0 0 94 94 94 94 94
A21 LCV LCV Mid-Range - 1 TON 2400-2700 29 0 0 29 29 29 29 29
A22 LCV LCV Mid-Range - 1 TON 2400-2700 14 0 0 14 14 14 14 14
A23 LCV LCV Mid-Range - 1 TON 2400-2700 65 0 0 65 65 65 65 65
A24 LCV LCV Mid-Range - 1 TON 2400-2700 22 0 0 22 22 22 22 22
A7 LCV LCV Large - 1 TON 2800-3200 6 0 0 6 6 6 6 6
A8 LCV LCV Large - 1 TON 2800-3200 0 34 0 34 34 34 34 34
A9 LCV LCV Large - 1 TON 2800-3200 1 0 0 1 1 1 1 1
A10 LCV LCV Large - 1 TON 2800-3200 0 12 0 12 12 12 12 12
A11 LCV LCV Large - 1 TON 2800-3200 4 0 0 4 4 4 4 4
A12 LCV LCV Large - 1 TON 2800-3200 0 41 0 41 41 41 41 41
A13 LCV LCV Large - 1 TON 2800-3200 2 0 0 2 2 2 2 2
A26 MINI BUSSES MVP - 5 seater 6 0 0 6
A27 MINI BUSSES MVP - 7 seater 2 0 0 2
A28 MINI BUSSES MVP - 8 seater 3 0 0 3
A29 MINI BUSSES MVP - 9/10 seat 41 0 0 41
A25 MINI BUSSES MVP - 14 seat 56 0 0 56
A30 MINI BUSSES Panelvan - Combi 1.4 12 0 0 12
A31 MINI BUSSES Panelvan - Large 2.5 1 0 0 1
A32 MINI BUSSES Panelvan - XL 2.8 or higher 3 0 0 3
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RE
FE
RE
NC
E
HIG
H-L
EV
EL
CL
AS
SIF
ICA
TIO
N
SU
B-C
LA
SS
IFIC
AT
ION
IND
ICA
TIV
E E
NG
INE
CA
PA
CIT
Y I
N C
C
IND
ICA
TIV
E P
AY
LO
AD
IN T
ON
NE
4 X
2
4 X
4
6 x
4
TO
TA
L
SIN
GL
E C
AB
EX
TE
ND
ED
CA
B
DO
UB
LE
CA
B
TO
TA
L
RE
GU
LA
R
SU
SP
EN
SIO
N
RA
ISE
D S
US
PE
NS
ION
4X
4 S
US
PE
NS
ION
TO
TA
L
A33 PASSENGER Hatchback - Entry Level 1300-1450 20 0 0 20
A34 PASSENGER Sedan - Entry level 1300-1450 37 0 0 37
A39 PASSENGER Sedan - Mid-low level 1450-1550 119 0 0 119
A36 PASSENGER Sedan - Mid-high level 1600 396 0 0 396
A37 PASSENGER Sedan - Mid-high level 1600 297 0 0 297
A38 PASSENGER Sedan - Mid-high level 1600 297 0 0 297
A35 PASSENGER Sedan - High level 2000 1 0 0 1
A40 TRACTORS Tractor 2 0 0 2
A41 TRUCKS GVM 11 7.5 Payload & body 4x2 1 0 0 1
A42 TRUCKS GVM 13.5 9.6 Payload & body 4x2 1 0 0 1
A43 TRUCKS
GVM 15.5 10.3 Payload & body 4x2
8 0 0 8 8
A44 TRUCKS
GVM 25.1 17.8 Payload & body 6x4
0 0 1 1
A45 TRUCKS GVM 3.5 1.8 Payload & Body 4x2 2 0 0 2
A46 TRUCKS GVM 6 3.2 Payload & Body 4x4 0 1 0 1 1
A47 TRUCKS GVM 6.2 3.6 Payload & Body 4x2 2 0 0 2
A48 TRUCKS GVM 6.5 4 Payload & Body 4x2 1 0 0 1
A49 TRUCKS GVM 6.5 4.1 Payload & Body 4x2 3 0 0 3
A50 TRUCKS GVM 7.3 4.6 Payload & Body 4x2 7 0 0 7
A51 TRUCKS GVM 7.5 4.8 Payload & Body 4x2 13 0 0 13
A52 TRUCKS GVM 14 9.7 Cargo & body 4x2 5 0 0 5
A53 TRUCKS - SPECIALISED Dropside personnel carrier - GVM
15.5 10.3 Payload & body 4x22 0 0 2
A54 TRUCKS - SPECIALISED GVM 15.5 10.3 Payload & body 4x2 1 0 0 1
A55 TRUCKS - SPECIALISED GVM 16 10.5 Payload & body 4x2 2 0 0 2
A56 TRUCKS - SPECIALISED GVM 25.1 17.8 Payload & body 6x4 0 0 2 2
A57 TRUCKS - SPECIALISED GVM 26 19 Payload & body 6x4 0 0 1 1
A58 TRUCKS - SPECIALISED GVM 6.5 4.1 Payload & Body 4x2 1 0 0 1
A59 TRUCKS - SPECIALISED GVM 7.5 4.8 Payload & Body 4x2 1 0 0 1
A60 TRUCKS - SPECIALISED TIPPER - GVM 8.5 5.9 Payload &
Body 4x29 0 0 9
A61 TRUCKS - SPECIALISED GVM 18 10 Truck & Body 0 1 0 1 1
A62 TRUCKS - SPECIALISED TIPPPER - GVM 6.5 4 Payload &
Body 4x25 0 0 5
TOTALS 1834 407 4 2245 393 21 461 875 250 220 415 875
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6.4.4 Generic Vehicle specifications
o Fleet Vehicle Specification:
o Only brand new vehicles may be provided for permanent / long term fleet.
o Colour – white with decals unless specified.
o Make – not specified;
o Air conditioner,
o Radio/CD with USB and Bluetooth – factory fitted;
o Vehicle Security per requirements,
o The above denotes the generic specifications expected on each vehicle,
however it must be noted that the various user departments have their own
operational business demands in regard to the specifications. For
example, vehicles for to Water Affairs have additional specifications to the
above.
6.4.5 Estimated Monthly Utilisation
o The monthly utilisation is 2 500 kilometres per month.
6.4.6 Replacement criteria
o Vehicles shall be replaced at the earlier of the following criteria:
o CATEGORY o REPLACEMENT
CRITERIA –
EARLIER OF
REACHING
o Bus o Contract Period
Years or 150 000km
o LCV o 5 years or 120 000km
o Minibus / Panel van o 5 years or 120 000km
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o Passenger vehicle or
SUV
o 5 years or 120 000km
o Tractor o To be agreed
o Trucks and
Specialised Trucks
o Contract Period
Years or 150 000km
o
o It should be noted that fittings, accessories and or modifications might not
necessarily have the exact same useful life expectancy as vehicles. Some
items might break frequently, become unreliable under heavy use and
harsh working conditions, or as a result of damage, abuse, theft or other
reasons cease to function in accordance with OEM specifications.
o Replacement criteria for such items should be considered and agreed
upfront on a cas-by-case basis, with due consideration to OEM
specifications, OHS and legal requirements (e.g. replacement after X
hours), ect.
6.4.7 Specialised / Customised Vehicles
o There are participating user departments that have requirements for
specialised vehicles. These include but are not necessarily limited to
Correctional Services, Public Works and Water Affairs. The type of
specialisation that will be required differs for each of these user
departments. The discussion on specialisation below is not conclusive.
6.4.7.1 Generic Vehicle fittings, modifications and accessories
o As indicated, the requirements may vary between User departments.
o Any modifications, fittings or accessories will have to be specified and
agreed to by user departments at the time ordering.
o These fittings, modifications or accessories may include, but not
necessarily be limited to, the following:
Ref To be specified Ref To be specified
1 Additional diff-locks 18 Lock boxes or fixed tool boxes
2 Additional/specialist hi-lift jacks 19 Lockable load covers
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Ref To be specified Ref To be specified
3 After-market bumpers 20 Nose cones
4 Arial Platforms 21 PTO and fail safes for crane applications
5 Bin linings or Rubberising or additional Rubber mats or general rust protection
22 Recovery equipment
6 Bull bars 23 Roll bars or roll cages
7 Commercial grade Canopies, whether partial or complete, lockable or open
24 Satellite Navigation
8 Cattle racks, or other modifications
25 Side steps or ladders
9 Emergency lights or sirens 26 Signage or decals or reflective equipment
10 Fire extinguishers 27 Smash-and-grab protection or tinting
11 First aid kits 28 Specialist or non-standard tyres or rims
12 Fog lamps 29 Staff Benches
13 Frames and racks 30 Tachographs
14 Gear locks 31 Tarpaulins
15 Hands free or Blue tooth kits 32 Tow bars
16 Hydraulic cranes 33 Two-way radios
17 Internal or work lighting 34 Winches
o
o Bidders are advised to ensure that recommended accessories. fittings and
or modifications are of a commercial-use grade and suitable high standard
of manufacture to withstand harsh terrain and potentially very heavy
usage.
o It is envisaged that a proper assessment of this utilisation and related
capital costs for specialisation, will be undertaken as part of the proposed
optimisation process.
6.4.7.2 Public Works
o Public Works has certain locations where a different type of vehicle may
be optimal relative to standard motor vehicles. As an example: it may be
more cost effective and optimal for DPW to procure golf carts on Robben
Island and reduce from 10 LDVs to say 2, supported by golf carts.
6.4.7.3 Water Affairs
o Water Affairs installs and monitors boreholes in remote areas. The
positioning of boreholes / monitoring points are determined by the
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underground water reservoir patterns. A borehole position might be at an
inaccessible or very remote locations where there simply are no existing
roads of any discription. This could arguably be in mountainous terrain or
impenetrable bush, sandy, rocky, heavily wooded or even in marshy or
coastal areas.
o Some of these vehicles may therefore require specific modification in order
to be useable and sufficiently robust for the specific application. Such
modifications may include, but not necessarily be limited to, the following:
o After-market off-road bumpers that contribute to improving vehicle
approach and departure angles, and which do not scratch or show
damage as easily as e.g. OEM bumpers,
o Bull bars and/or roll cages,
o Heavy duty off-road graded tyres with appropriate high levels of side wall
protection,
o Sufficient and appropriate undercarriage protection such as rock sliders,
or skids plates offering protection for diffs, sump, transmission or other key
components,
o Winch with sufficient torque capacity to exceed vehicle loaded mass,
o High Lift Jack with jacking points fitted to bumpers and or additional
recovery points, and
o Suspension modifications increasing ground clearance, improving off-road
handling and break-over angles.
6.4.7.4 Staff Transport
o Departments such as Water Affairs and Agriculture Forestry and Fisheries
transport staff to work locations. Some of the work locations are in areas
with minimal road infrastructure. This requires specific investigation to
determine if specialised / modified vehicles are more suited to the needs
of these departments.
6.4.7.5 Customisation in General
o Over and above the specialisations discussed above, the service provider
should cater customisation to certain vehicles. The bulk of the vehicles will
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be standard. However there are instance when a vehicle and / or the terms
and conditions of a service need to be customised. In light of this, the
bidder should propose solutions for these exceptional challenges.
Possible considerations include:
Robust vehicle selection in general,
Use of commercial grade accessories. fittings and
modifications able to withstand harsh terrain and constant
heavy usage,
Use of higher technical specification 4x4 vehicles uniquely
designed and equipped for specific commercial- or agricultural
off-road application in rough terrains and not 4x4s or soft-
roaders with a leisure / lifestyle / luxury bias,
Use of specialised rough terrain people transportation vehicles,
o The service provider subcontracts and pricing needs to cater for these
exceptions in order to avoid ambiguity in claims and improve service
delivery.
6.4.8 Critical Service Levels
o The participating user departments have defined critical service level
requirements as follows:
Table 11: Critical Service Levels
Service Level Standards Performance Threshold
1. New vehicles delivery time (days) 30
2. Waiting time for routine maintenance (hrs) 8 hours (one working day)
3. Requirement for breakdown assistance
(availability of service) Yes
4. Breakdown response time - In town (hrs) 2
5. Breakdown response time - out of town (hrs) 3
6. Vehicle replacement time- Accident;
hijacking; theft (hrs) 4 (in the case of theft, 30 days)
7. Vehicle replacement time - Write-off (days)
One working day for a similar temporary
replacement / courtesy vehicle which shall
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be available at no additional costs until the
full time vehicle is available
6.5 Short Term or Medium term Rental. Including Special Events or Projects and other
Transport Requirements
6.5.1 Short Term or Medium term Rental of Passenger and Commercial vehicles
o Historically, the NUD’s have a need for the supply of Short Tem rental
vehicles that are predominantly utilised where the need for a Long Term
rental does not suffice. These would include, but are not limited to:,
o the use of short term rental vehicle to and from national airports or in
situations where is vehicle is required for short periods or daily rentals,
o Use-cases also exist for using vehicles over days or months (medium term
rental) in specific cases. such as special projects of a local, regional or
national basis including but not limited to census, elections, health
immunisation campaigns, or other departmental projects etc.
o The Private Party is required to provide users with rental of vehicles for
period between one day and 1 year. The Private Party will provide rates
for both Passenger vehicles and Commercial vehicles as per the
respective requirements of the Rate Card for each category.
6.5.1.1 Provincial and Regional distribution
Below, a high-level profile of the rental fleet is indicated. Bidders are required to analyse
departmental needs and consider the rental fleet (short term / medium and long term) composition
on a model-by-model basis. Bidder will apply their own unique insights and recommendations
based on their industry experience as well as fleet management best practise and new industry
developments to constitute suitable rental fleet models which will optimise over-all:
a. Fleet availability,
b. Fleet reliability,
c. Fleet durability,
d. Fleet operational cost efficiency, including but not limited to fuel efficiency, tyre
durability and overall fleet maintenance and service quality
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Based on analysis of the 36 month period ending November 2017, specifically Short term rental
vehicles were booked by province as follows:
SHORT TERM PASSENGER RENTALS
2015 2016 2017 Grand
Total
EASTERN CAPE 2 401 2 812 2 122 7 335
FREE STATE 789 912 801 2 502
GAUTENG 7 684 8 411 6 877 22 972
KWA-ZULU NATAL 2 983 3 372 2 912 9 267
NORTHERN PROVINCE 348 364 277 989
Unknown 1 1
WESTERN CAPE 4 137 3 409 3 006 10 552
NORTHERN CAPE 777 774 603 2 154
MPUMALANGA 317 448 303 1 068
NORTH WEST 77 194 206 477
NORTH CAPE 10 17 31 58
Grand Total 19 523 20 714 17 138 57 375
SHORT TERM COMMERCIAL RENTALS
2015 2016 2017 Grand
Total
EASTERN CAPE 326 244 278 848
FREE STATE 31 48 64 143
GAUTENG 106 133 86 325
KWA-ZULU NATAL 243 320 477 1040
NORTH WEST 8 22 16 46
NORTHERN PROVINCE 177 215 274 666
WESTERN CAPE 2 21 2 25
Grand Total 893 1003 1197 3093
Passenger vehicles were issued from the following locations in 2017:
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o It should be noted that situations may exist that a vehicle is e.g.
hypothetically requested in Roodepoort, but due to unavailability of fleet at
the location Roodepoort location, it might actually be issued by another
office (e.g. Randburg). This map should therefore be considered as an
illustrative (but not absolute nor comprehensive) representation of where
short term rental vehicles were issued from across South Africa in 2017
6.5.1.2 Vehicle classification
o The transaction volumes by broad vehicle classification is based on
analysis of 3 years data for the period ending November 2017, and is
provided in good faith for information purposes only. This analysis should
be consider more indicative and neither absolute nor comprehensive.
o
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Number of Transactions 2015 2016 2017 Grand Total
Budget 9 978 9 129 8690 27 797
Hatchback - Economic 1 392 1 984 1735 5 111
Hatchback - Mid-High 997 497 36 1 530
Large SUV 108 73 200 381
LCV –Mid 4 4
LUXURY 703 717 564 1 984
MVP - 14 seat 1 1
MVP - 5 seater 82 130 90 302
MVP - 8 seater 30 18 10 58
MVP - 9/10 seat 191 392 206 789
Sedan - High level 11 45 5 61
Sedan - Mid-high level 967 2 603 1535 5 105
Sedan - Mid-low level 4 117 3 764 2688 10 569
Small SUV 863 1 360 1373 3 596
Unknown 1 1 2 4
Unclassified 83 83
Grand Total 19 523 20 714 17138 57 375
o
o Neither NDOT, its advisors and consultants, nor any of the User
Departments make any guarantees or warranties of any kind, expressed
or implied about future transaction volumes, utilisation nor breakdown nor
regional distribution.
6.5.1.3 Generic specifications
o Fleet Vehicle Specification:
o Only relatively new vehicles may be provided for Short or Medium term
fleet, ideally not exceeding 40 000km or 2 years.
o Colour – any colour
o Make – not specified;
o Air conditioner,
o Radio/CD with USB and Bluetooth – factory fitted;
o Vehicle Security per requirements,
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o Short and medium term vehicles to provided with a unique and fully
functional fuel payment mechanism (card / token) as well as mechanism
to pay tolls and e-tolls respectively.
6.5.1.4 Specialised / Customised Vehicles
o Specifically in the case of commercial vehicles (LCVs, Trucks, Panel
Vans) it is possible that vehicles of a specific specification may be
requested (by User departments) which are highly specialised, and or not
generally available across the country. It is important to provide User
Departments with details on the specification of available fleet from time
to time, in order to management expectations and prevent
misunderstandings.
o Where the Service Provider endeavours to provide a specific vehicle
specification which is not generally available or highly specialised, care
should be taken to inform the User Department of this fact as well as
possible alternatives. The Service Provider should still ensure that Service
Level requirements are complied with.
o Service Providers are requested to pay specific attention and ensure that
the correct specification of vehicles is provided under all circumstances, to
prevent excessive costs where e.g. a heavy-duty 4x4 is issued while a
basic entry level LCV would have sufficed.
6.5.2 Other Specific Transport Services
o User departments have further transport requirements in addition to long
and short or medium term fleet.
o These include:
6.5.2.1.1 Point-to-Point
o The use of Point-to-Point collect and drop-off services which include a
vehicle, dedicated driver and fuel as well as other operational costs
(inclusive).
o The types of vehicles used are similar to short or medium rental type
vehicles and cover a range of economy type as well as VIP type luxury
vehicles as indicated in the applicable Point-to-Point Rate card.
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o The VIP type vehicles require higher levels of authorisation and are only
intended for official State functions and or visiting dignitaries, not for
everyday use.
o This service operates in major metropolitan areas such as Johannesburg
& Pretoria, Cape Town and Durban.
o Services are typically charged at a fixed rate for a specific vehicle
specification within a pre-specified radius. This is a same day service – i.e.
vehicle not retained for extended period of time. It is therefore theoretically
possible that (subject to sufficient demand and proximity of destinations),
multiple trips could be undertaken by the same driver and vehicle per day.
6.5.2.1.2 Chauffeur services
o The use of Chauffeur services to collect, deliver and bring back users.
o This include the availability of a vehicle, dedicated driver and fuel as well
as other operational costs (inclusive).
o The types of vehicles used are similar to short or medium rental type
vehicles and cover a range of economy type as well as VIP type luxury
vehicles as indicated in the applicable Chauffeur Drive Rate card.
o The VIP type vehicles require higher levels of authorisation and are only
intended for official State functions and or visiting dignitaries, not for
everyday use.
o This service operates in major metropolitan areas such as Johannesburg
& Pretoria, Cape Town and Durban.
o Services are typically charged at a fixed rate for a specific vehicle
specification within a pre-specified radius.
6.5.2.1.3 Bus Transport Services
o Bus transport services for staff, meetings. Imbizos or outings.
o This would include a bus of specific capacity typically being rented on a
per day basis, inclusive of driver and fuel.
o This service may be required country wide.
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6.5.2.2 Provincial and Regional distribution
o The transaction volumes by broad vehicle classification is based on
analysis of 3 years data for the period ending November 2017, and is
provided in good faith for information purposes only.
o This analysis should be consider more indicative and neither absolute nor
comprehensive. Neither NDOT, its advisors and consultants, nor any of
the User Departments make any guarantees or warranties
of any kind, expressed or implied about future transaction volumes,
utilisation nor breakdown nor regional distribution.
6.5.2.2.1 Point-to-Point
2015 2016 2017 Grand Total
P2P Cape Town 503 405 396 1304
P2P Durban 322 237 253 812
P2P JHB 7534 7329 4826 19689
Grand Total 8359 7971 5475 21805
6.5.2.2.2 Chauffeur services
2015 2016 2017 Grand Total
CAPE TOWN 288 232 113 633
CPT CHAUF DTOWN 27 10 3 40
CPT CHAUFFEUR DR 22 5 3 30
CPTSUBHIRECOACHES 3 3
East London Chauffer Drive 35 56 32 123
PLZ CHAUFFEUR Airport 99 83 34 216
PLZ CHAUFFEUR DT 105 78 38 221
DURBAN 57 54 40 151
DBN CHAUFFEUR DR 23 18 13 54
DBN DT CHAUFF DR 34 36 24 94
DUR SUBHIRECOACH 3 3
JOHANNESBURG 394 354 236 984
0BFN APT CH DR 2 2
0BFN D/T CH DR 42 24 9 75
JHB CHAUF DTOWN 264 188 169 621
JHB-CHAUFFEUR DR 86 134 37 257
JNBSUBHIRECOACHES 2 8 19 29
P2P Cape Town 3 3
CPT CHAUFFEUR DR 3 3
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2015 2016 2017 Grand Total
P2P Durban 1 1
PLZ CHAUFFEUR Airport 1 1
P2P JHB 7 7
JHB CHAUF DTOWN 6 6
PLZ CHAUFFEUR Airport 1 1
Grand Total 739 643 397 1 779
6.5.2.2.3 Bus Transport Services
2015 2016 2017 Grand Total
Eastern Cape 10 3 10 23
Free State 8 16 10 34
Gauteng 64 38 37 139
KZN 4 3 2 9
Limpopo 8 4 4 16
Mpumalanga 7 6 13
North West 7 11 7 25
Northern Cape 4 2 1 7
Western Cape 3 3 6
Grand Total 115 86 71 272
6.5.2.3 Vehicle classification
o With the exception of bus rental, vehicle classifications and models for
Point-to-point and Chauffeur services are broadly similar to typical short
term rental vehicles. A notable difference is that VIP rental includes some
executive models which would not be available for regular day-to-day use
6.5.2.4 Generic specifications
o Fleet Vehicle Specification:
o Only relatively new vehicles may be provided for Short or Medium term
fleet, ideally not exceeding 40 000km or 2 years.
o Colour – any colour is acceptable but ideally white if available
o Make – not specified;
o Air conditioner,
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o Radio/CD with USB and Bluetooth – factory fitted;
o Vehicle Security per industry standard,
6.5.2.5 Critical Service Levels
o The participating user departments have defined critical service level
requirements as follows:
Table 12: Critical Service Levels
Service Level Standards Performance Threshold
1. Minimum time from ordering to vehicle
availability 2 hours
2. Requirement for breakdown assistance
(availability of service) Yes
3. Breakdown response time - In town (hrs)
Reasonably similar replacement vehicle at
no additional cost within 2 hours
4. Breakdown response time - out of town (hrs)
Reasonably similar replacement vehicle at
no additional cost within 3 hours
6.6 PPP Contract Governance; General Business and Administrative Requirements
6.6.1 Project Governance
o The project shall be governed by suitable governance structures for the
duration of the contract.
o There will be Steering Committee (“Steercom”) that will govern the project.
The following parties shall participate in the governance of the contract:
o The participating user departments (and their delegates);
o The NDoT;
o The Private Party.
o It is envisaged that initially the Steercom will meet every month during the
inception phase of the project and thereafter quarterly. The participating
user departments will ensure that there is adequate and appropriate
representation at the Steercom.
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o In addition, there will be an Operations Committee in place. The function
of the Operations Committee is to look into the day-to-day running of the
project and implementing decisions taken by the Steercom.
o A Technical Risk Committee will also be formed and will comprise
representatives of the NDoT/NUD with the Private Party attending by
invitation. . The Technical Risk Committee will meet every month and will
evaluate technical issues and risk aspects related to the contract as well
as penalties levied.
o At a provincial level there will be provincial fora, each called a Client
Liaison Forum. The purpose of each forum is to deliberate operational
issues and obtain input from the actual users of the service. Each forum
will be attended by an NDoT representative, the provincial user
departments and the Private Party regional management. Each forum will
meet quarterly.
o Suitable mechanisms shall be in place to deal with the following issues
within stipulated SLA requirements:
Day to day business issues as these may arise,
Disputes,
Administrative and related queries such as invoicing.
6.7 Project Personnel
o The Private Party is responsible for providing suitably competent and
professional resources for all of the following requirements (not an
exhaustive list):
Contract Client Liaison
Financial Management and administration of the fleet,
Legal and other professional advisory services as may be required from time
to time,
Client Service Managers to each user department or at each designated user
site,
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Personnel to oversee various services that are provided including but not
limited to the following:
o Maintenance & Repairs
o Scheduling
o Technical Advisory
o Breakdown & Recovery
o Security
o The Private Party resources shall be available during normal operating
hours as and when required. The overall PPP Agreement and SLA will be
managed by NDOT.
o The participating user departments in turn will provide:
Fleet coordinators.
Contract Management
6.7.1 Demand Optimisation
o The Private Party is to provide an effective and efficient service in
response to the demand. The onus is however on the Private Party to
optimize utilisation. The services effectiveness and efficiencies can be
optimized by carrying out frequent fleet optimisation exercises. The fleet
optimization exercises would utilise historical utilisation data as collated by
the service provider. The Private Party is expected to be knowledgeable
in interpreting operational statistics with a view of optimising the fleet.
Typical optimisation themes include:
o Vehicle appropriateness – “Fit for Purpose” or aligning vehicles types to
their intended use. Alignment examples include:
o Distances travelled – some vehicles are used primarily over short urban
distances. Power specifications and comfort levels could be reduced for
such vehicles,
o The nature of use – some vehicles are used for ferrying goods over short
distances in a closed geography (a golf-cart type of vehicle could be
utilised for such purposes);
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o While the project includes short term rentals, the Private Party is required
to source these on a competitive and cost effective basis throughout the
contract period and may not have a preferred supplier.
o Over and underutilization analysis
o The Private Party as an expert in the field will need to provide guidance,
strategic advice and suggestions regarding optimisation
6.8 Service Audits
o The service levels will be audited. The audits will cover, inter alia:
o Interrogation of performance reports as provided by the Private Party; and
o Monitoring implementation of optimisation initiatives by the participating
departments and the Private Party.
6.9 Management Information System (MIS)
6.9.1 Scope
o The term “Management Information System” broadly encapsulates the
following requirements for best-of-breed technology or software systems
which include, but are not necessarily limited to, the following:
o Financial and Billing System(s) suitable for a business enterprise of this nature,
o Fleet Operational Management and asset management system(s)
offering all the expected functionality of a system of type, including the ability to tie each individual vehicle to a unique departmental requirement so that at all times it would be possible to ascertain which specific vehicle replaced which other.
o General MIS – Management Information system I. Secure web-server where users can log-in with unique user
names and passwords to obtain information, request approvals or initiate service requests
II. Electronic workflow functionality to automate and record
approval and authorisation processes for service requests, rental vehicle bookings, etc.
III. Data storage and retrieval e.g. copy invoices, historical reports,
IV. Data analytics and the ability to analyse or interpret large volumes of data over-periods, or based on user specified parameters, do scenario planning, etc,
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V. Management reporting repository of previous and current Management Information reports, or
VI. Collection point of specific report requests / data analytic requests which are non-standard
o VMS – Vehicle Management System which covers: I. Pre-emptive theft warning system,
II. Real time Satellite tracking / vehicle positioning and movement tracking 24/7/365,
III. Driver verification and tracking, IV. Driving conditions monitoring and real-time notifications
(including erratic driving behaviour, high speed driving, harsh breaking, fast cornering, long idling, etc.)
V. Accident warnings, VI. Geo-fencing warnings,
VII. Trip-play back,
o Fuel / Toll payment facility for long term, short and medium term
vehicles. This is likely to be external systems e.g. provided by finance houses. It provides:
I. Means of payment for fuel transactions, II. Provides security and control over expenditure and built-in
measures to prevent or detect e.g. unauthorised fuelling / over-fuelling, fuelling of different vehicles or general fuel fraud
III. Ability to identify patterns or flag suspicious transactions automatically, issue real-time warnings for over-fuelling, prevent multiple use, provide general exception management etc.
IV. Accurate and timeous management reports
o Call centre system
I. 24/7/365 Call centre system to facilitate vehicle booking or service requests, road-side assistance or other user requests
6.9.2 Requirements
o The Private Party is responsible for providing, at its costs all MIS to enable
and facilitate the efficient provision of services in a manner that supports
the following goals over the duration of the contract life:
o MIS shall be the best available according to current industry standards and
all equipment and software shall be updated in line with industry trends
and requirements;
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o All fleet information is available within 24 hours after occurrence (but
preferably live (in real time)), and accessible to User Departments via a
web-interface;
o All fleet information is secure with redundant off-site / cloud back-up and
functionality that facilitates Business Resilience and Disaster Recovery;
o Requests for fleet services can, where possible, be initiated through the
website and all requests are validated with user passwords, as well as
access restricted with reference to user-rights categories;
o No requests for services shall be allowed without valid authorisation, and
a full and auditable (electronic) paper trail exists for each rental
transaction, VIP rental transaction, or other service request;
o All fleet information (including billing and management reports) is timeous,
accurate, complete and valid;
o Queries can be customised to allow management access to information in
a format that is relevant and useful. Furthermore, management has access
to data analytical tools and standardised reports which support decision
making thereby allowing effective utilisation of resources;
o All data can be downloaded electronically for ease of use (excel version);
and
o Audit trails will be retained for use as may be required.
o Ownership of the data compiled during the subsistence of the PPP
Agreement will vest in NDoT.
o The MIS may be further enhanced with use of:
On-Board computers;
Tracking Units; and
Integration into departmental transport systems.
o Examples of possible queries and functionality required include but are not
limited to the following:
Detailed Invoices;
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Listing of vehicles to be replaced in next 4 months and confirmation of orders placed
orders;
Listing of vehicles to be serviced in next month and confirmation of booking dates;
Listing of vehicles where the license is to be renewed in the next 30 days with
confirmation of license renewal payments made and expected date of receiving
license disks;
Listing of vehicles terminated (historical) or identification of vehicles to be
terminated;
Excess kilometre report with option to restructure;
Utilization report (km or hours) with option to terminate low km vehicles;
Availability reports:
Downtime report due to maintenance, breakdowns, accidents, abuse, thefts and
hijacks;
Other exception reporting,
Call centre reports:
Calls processed, dropped, open and closed, average waiting time per call by user
department,
Types of calls processed;
General Fleet Management data including:
Status report on services due and overdue;
Status report on licenses due and overdue;
Status report on driver abuse and progress reports on abuse investigations;
Status report on fines for current period, period to date;
Status report on insurance claims for current period, period to date
Review ad hoc rental usage for current period, period to date;
Review excess fuel consumption for current period, period to date; and
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Review schedule of repeat offenders in respect of vehicle abuse for current period,
period to date.
o The Private Party is responsible for compiling complete, accurate and valid
invoices per user department. Any incorrect invoices shall be rectified
during with following month with an additional penalty for the portion
incorrectly calculated in the preceding month.
Fleet optimisation reports with recommendations / what-if scenarios to assist user
departments with planning, scheduling and budget planning
6.10 Call Centre
o The Private Party is responsible for providing a dedicated call centre:
The call centre shall be available 24 hours per day x 7 days per week x 365
days per year;
Call centre operators shall be efficient, courteous and professional at all times
in their dealings with Users;
Call centre operators shall be able to communicate in a minimum of fluent
English but preferably in other South African languages as well;
The call centre operators shall be able to action and resolve issues within
suitable turn-around time subject to proper authorisation; and
Audit trails will be retained for use as may be required.
6.11 Other Fleet services
o The Private Party is responsible for providing the following services as a
minimum in respect of Long Term Vehicles:
Provision of Long Term lease vehicles - only new vehicles may be provided on
a long-term lease basis;
Operational Availability;
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o The Private Party must provide fleet services with a guaranteed
minimum availability of 95%. Availability is further defined in the
SLA.
Fleet Technical Advisory Services - The Private Party must provide pro-active
fleet advisory and technical consulting / fleet optimisation services, thereby
assisting user departments in the:
o Selection of suitable vehicles fit for purpose;
o Identification of opportunities to improve utilization;
o Identification of opportunities to reduce fleet numbers where
possible;
o Identification of opportunities to reduce fleet costs where possible;
o Assistance in determining user needs; and
o Scheduling & Booking of ad-hoc vehicles;
The Private Party has to provide fleet scheduling services to assist users in
achieving optimal utilisation and value for money;
The Private Party is furthermore responsible for providing suitable ad-hoc
vehicles within a minimum 8 hour turn-around time from time of booking;
Maintenance & Repairs - all vehicles have to be in good working order at all
times and shall be serviced or repaired:
o In compliance with Manufacturer’s specification;
o As required from time to time;
o Thereby achieving or exceeding the 95% availability requirement;
and
o Users shall be informed in advance of services to allow for efficient
planning.
Requirements for servicing or installation of accessories:
o All services shall be carried out at Authorized Repair Agents by
technical personnel certified by the manufacturer;
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o Only new OEM spare parts or OEM approved commercial grade
modifications, fittings or accessories may be used (no pirate or
second hand parts) and installed or fitted by OEM approved
installation agents;
o Invoices in respect of services shall be retained and be produced
on demand;
o On return the user department shall inspect a vehicle and shall
within 48 hours of return of the vehicle sign-off satisfaction with
the service, maintenance or repairs affected;
o In the event that the time required to service a vehicle exceeds 8
hours, the Private Party shall provide at his cost a replacement
vehicle of equivalent nature for the remainder of the time until the
original vehicle is available;
o In the event that the service does not produce the required results
(re-occurring problems) the Private Party shall provide at his cost
a replacement vehicle of equivalent nature until the original
vehicle is available; and
o Any items damaged or lost during service of whatever nature shall
be replaced at cost by the Private Party.
Provision of Fuel and related services - The Private Party is responsible for:
o Providing a facility to procure fuel (e.g. fuel card or tag) which is
available to the authorized driver at all times;
o The accurate recording of kilometres, litters of fuel procured,
details of other oils / services procured, etc.;
o Ensuring that no unauthorized purchased of fuel take place (e.g.
filling of private vehicles), which comes with exception reporting
and automated transaction flagging abilities; and
o Ensuring that the User department is not invoiced for any mileage
incurred for the duration of the time that the Private Party or any
of its agents might be using the vehicle and at which time it is not
exclusively available to the User department.
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Security and Insurance of Assets:
o The Private Party is responsible for ensuring that all vehicles are
fully and comprehensively insured at all times;
o The Private Party is furthermore responsible for ensuring that
vehicles are fitted with electronic mechanisms such as the
following to prevent and or deter theft:
Alarms (level 4 or above);
Immobilizers; and
Tracking units.
Licensing and Roadworthiness of vehicles - The Private Party is responsible
for ensuring that all vehicles are at all times:
o Fully licensed with the appropriate licensing authorities;
o Fully roadworthy; and
o Only driven or operated by a duly authorized individual with a valid
license for that category of vehicle.
Breakdown and road-side assistance - The Private Party is responsible for
providing all services as may be required in the event of breakdown including:
o Vehicle towing and recovery within defined Service Levels;
o The collection of stranded drivers and return to home or office as
may be requested; and
o Provision of temporary replacement vehicles for the remainder of
the time or until such time as the original vehicle in question is
returned to the user in a fully functional and repaired state.
Accident, Theft and Hijacking assistance - The Private Party is responsible for
providing all services as may be required in the event of accidents, theft or
hijacking including:
o Vehicle towing and recovery within defined Service Levels from
time of reporting such accidents or events to the call centre;
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o The collection of stranded drivers and return to home or office as
may be requested;
o Ensuring that all accident or theft reports are promptly reported to
SAPS and that case numbers are obtained within legal
requirements and within a reasonable time;
o Ensuring that all accident details are reported to insurers within
required time-frames; and
o Provision of temporary replacement vehicles for the remainder of
the time or until such time as the original vehicle in question is
returned in a fully functional and repaired state to the user.
o Ensure minimal downtime of vehicles in for repairs.
Abuse and Fraud prevention and management - The Private Party is
responsible for ensuring for all vehicles at all times, that:
o Only duly authorized individuals with a valid South African driver’s
license for that category of vehicle may operate the vehicle;
o The vehicle is only used for the purpose it was designed for (no
overloading or inappropriate use), and that vehicles are only used
in compliance with legislation and regulations;
o No private usage takes place;
o Each trip is duly authorized and that full record is kept of all
authorized users and trips at all times;
o Fuel and related purchases are valid and authorized;
o Ad-hoc vehicles are inspected on return for any damage or
suspected abuse; and
o Any damage or suspected abuse is detected and reported within
a 48 hour period from time of occurrence to the User department
(failing which any costs incurred will be for the costs of the Private
Party).
Traffic offence and fine management - The Private Party is responsible for
ensuring for all vehicles at all times, that:
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o All fines are recorded and diverted in line with the expectations of
the AARTO fines management processes.
Training - The Private Party is responsible for providing the following training:
o For user departments - Driver training in compliance with
accepted standards for a license of that specific nature;
o For User departments - Fleet officer training which will empower
the individual to effectively manage the fleet activities in his/ her
department; and
o Own staff training.
Value added services - The Private Party will also provide value added
services such as:
o Fleet inspections to physically inspect each vehicle and assess
condition of fleet not less than once every 4-6 months
o User satisfaction surveys every 12 months for the duration of the
contract where the actual service delivery is compared to the SLA
requirements, the findings of which to be considered and if agreed
with users Departments to be implemented. ;
o Trauma counselling in case of accidents or hijacking;
o Assistance with e.g. booking of driver’s license tests;
o Car wash services thereby ensuring that all vehicles are clean and
portray a professional image of the user departments; and
o Reporting accidents or events requiring medical emergency
services to the relevant institutions.
6.12 Services Excluded from this RFP
o Very specialised vehicles such as ambulances are excluded from the
specification unless economies of scale can be demonstrated by the PPP
service provider.
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7 SERVICE LEVEL AGREEMENT
7.1 Introduction
o The Service Level Agreement (SLA) contains a description of the Services
to be provided, as well as certain provisions relating to the Services. The
Service Level Agreement will be incorporated in the PPP Agreement as a
Schedule.
o NDoT developed this SLA based on its business needs and service
requirements. The final SLA will be negotiated between NDoT and the
Preferred Bidder – however the principles as outlined in this Section will
form the basis of any such negotiations. Any proposed deviations from
these Service Specifications must be marked up and attached to the
Technical Response Document.
7.2 Complete Fleet Solution
o NDoT requires a complete Fleet Solution, incorporating at least the
following elements:
Provision of fully serviced fleet of various types;
Services and Maintenance to be provided by the Private Party include:
o Finance, deployment, commission, operation and maintenance of the
fleet and related services.
o Own contract, administrative, and financial, human resources,
operations and legal management capability.
7.3 SLAs – Detailed Specifications
o The Service Level Agreement as well as a separate Penalty Schedule are
attached hereto as an Appendix A.
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8. TARGET GROUPS AND SOCIO- ECONOMIC REQUIREMENTS
8.1 The NDoT’s Response to BEE
o The NDoT will apply Government’s BEE policy objectives to this project,
using National Treasury’s guidelines for BEE participation in PPP’s and
using its BEE Balanced Scorecard to set targets and benchmarks.
o National Treasury’s guidelines and BEE Balanced Scorecard will be used
to set targets and benchmarks for this project, measuring three core
elements of BEE:
Direct empowerment through ownership and control of enterprises and assets;
Human resource development and employment equity; and
Indirect empowerment through preferential procurement and enterprise development.
o The BBBEE (Broad Based Black Economic Empowerment) Strategy notes
that BEE criteria, reflecting the balanced scorecard, will be applied
whenever government, inter alia, “grants a concession to a private
enterprise to operate an asset or enterprise on behalf of the state” or
“enters into a public private partnership.”
o The BBBEE Act provides that the Minister of Trade & Industry may issue
‘codes of good practice on BEE’. It provides further that “every organ of
state and public entity must take into account and, as far as it is reasonably
possible, apply any relevant code of good practice” in, inter alia
“determining qualification criteria for the issuing of licences,
concessions…; developing and implementing a preferential procurement
policy; ….and developing criteria for entering into partnerships with the
private sector.”
o No PPP may be issued to the market by a government institution without
a clear and appropriate set of BEE elements, targets and weightings, duly
approved as part of Treasury Approvals I and IIA in terms of Treasury
Regulation 16 to the PFMA. Bids received thereafter are evaluated by the
institution, inter alia, for substantiation of the Private Party’s BEE
commitments.
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8.2 Empowerment Project Objectives
o The objectives for Empowerment on this project are broadly outlined
below:
8.2.1 Ownership
To increase the number of black people, including black women, women
and other vulnerable groups such as those with disabilities, workers and
the youth, who directly own and control the Private Party;
To eliminate and discourage the practice of token ownership committed
by blacks and whites alike, otherwise commonly referred to as fronting;
To set an acceptable minimum target for levels of shareholding held by
black people, including black women.
8.2.2 Management Control
To increase the number of black people, including black women, women
and people with disabilities at board level in the Private Party;
To increase the number of black people, including black women, women
and people with disabilities, in senior management as well as specialist
positions in the Private Party.
To ensure that the Private Party complies with the requirements of the
Employment Equity (EE) Act;
To ensure that the Private Party develops and implements empowerment
action policies and guidelines;
To align employment equity targets with skills development programmes
and outcomes; and
To encourage the Private Party to embark on diversity management
programmes for all employees at all levels.
8.2.3 Skills Development
To promote and support the aims and objectives of the Skills
Development Act as well as the P-SETA and other relevant bodies; to
increase the number of people, including black women, the youth and
people with disabilities, at the management, technical and specialist
levels;
To ensure that skills development and training programmes mirror
market demand in the sector; and
To ensure that the Private Party complies with the requirements of the
Skills Development Act.
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o
8.2.4 Enterprise and Supplier Development
To increase the amount of money spent (discretionary spend) on
procuring from BEE enterprises and suppliers. Focus for sub-contracting
should be on procuring from Black-owned and Black-controlled
enterprises and SMMEs;
To substantially increase participation by Black entrepreneurs in the
sector;
To create a supportive environment that will ensure the development of
a sustainable Black entrepreneurship base in specifically the value-
added services sector;
To contribute to the establishment of a viable, sustainable and globally
competitive entrepreneurial base;
To promote and support better co-ordination and co-operation between
and amongst technology incubators, government, state owned
enterprises, the private sector and incubated companies; and
To create employment.
8.2.5 Social Responsibility
To engage the communities in direct involvement in this project e.g. job-
creation; and
To contribute towards communities in the areas where the project
operates.
8.3 NDoT Vehicle Project Target Group Balanced Scorecard
o The NDoT PPP Project Target Group Scorecard has been developed after
a study of relevant policies, legislation and sector specific BEE Codes and
charters (either in existence or still in development) which may be relevant
to the project.
o The Legislation that was reviewed included the following:
The B-BBEE Act;
Preferential Procurement Policy Act;
The Employment Equity Act;
The New BBBEE Codes;
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National Treasury’s Code of Good Practise for BEE in PPPs
o Accordingly, this Target Group Scorecard has been developed according
to the new codes to ensure Broad-Based BEE in all aspects of the project
as follows:
Ownership;
Management Control, ;
Enterprise and supplier development;
Skills development;
Local socio economic development and social responsibility
8.3.1 The Target Group Scorecard (the Scorecard) for this project:
Sets down key scoring areas for evaluation purposes;
Sets increasing BEE targets throughout the duration of the project;
Allows sufficient time for implementation and achieving operational excellence, as well
as the identification of talent, skills transfer, and management training.
o The Target Group Response Document allows Bidders to present their
responses to the minimum suggested by the Scorecard for this project.
o The project has a national coverage. Higher points will be awarded to
those bidders who are modelling their delivery to cover the whole country
in respect of each measurement component.
o The Scorecard for this project has been accepted by NDoT and
supersedes all other BEE scorecards. Where there are conflicts with other
existing BEE charters and or scorecards, this scorecard takes
precedence.
o Bidders must achieve a minimum target score of 60% for each section of
the Target Group Balanced Scorecard for contracting purposes.
Table 13: Target Group Balanced Scorecard
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PPP BALANCED SCORE CARD
NDoT FLEET PPP PROJECT TARGET
Year 1 – 9 BID EVALUATION WEIGHTING (10% OF TOTAL)
A Ownership 25%
A1 Black Equity in Private Party 50%
A2 Active Black Equity in Private Party 50%
A3 Cost of Black Equity No minimum requirements
A4 Timing of Black Equity Returns No minimum requirements
B Management Control 20%
B1 Board participation:
Exercisable voting rights of Black board members as a percentage of all board members
50%
Exercisable voting rights of Black female board members as a percentage of all board members
5%
B1 Senior Management:
Black people employees in Senior management as a percentage of all senior management
30%
Black female employees in Senior management as a percentage of all senior management
5%
Female employees in Senior management as a percentage of all senior management
5%
B2 Middle Management:
Black people employees in Middle management as a percentage of all middle management
15%
Female employees in Middle management as a percentage of all middle management
5%
B3 Junior Management:
Black employees in Junior management as a percentage of all junior management
20%
Female employees in Junior management as a percentage of all junior management
5%
B4 Employees with disabilities:
Employees with disabilities as a percentage of all employees
5%
C Skills development 10%
C1 Skills Development Expenditure on Learning Programmes, learnerships, apprenticeships and internships as a percentage of leviable amount
5% of the leviable amount spent
D Enterprise and Supplier Development 40%
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PPP BALANCED SCORE CARD
NDoT FLEET PPP PROJECT TARGET
Year 1 – 9 BID EVALUATION WEIGHTING (10% OF TOTAL)
D1 Project CAPEX and OPEX to Black Enterprises
40% of the total project cost per
annum
D2 Procurement cash flow spend in terms of Service Subcontractor to QSE’s and EMEs
30% of the total project cost per
annum
E Local Socio-Economic Impact 1% of Net Profit After Taxes (NPAT)
5%
Corporate Social Responsibility Bidders to specify Rand value per year to be spent on Corporate Social Responsibility and substantiate with defined plans for Corporate Social Responsibility initiatives
o The PPP BEE Balanced Scorecard will be used to provide quick-reference
benchmarks to measure the extent to which this PPP project is
successfully achieving BEE in terms of the Code of Good Practice. The
PPP BEE elements (A, B, C, D, E) and their sub-elements shown in
column 1 will be reflected in the BEE Schedule in the PPP Agreement.
o The PPP Bid evaluation weightings reflected in the column headed “BID
EVALUATION WEIGHTING” will be used to guide NDoT on a balanced
allocation of points out of 100 for the BEE component of the Bid evaluation.
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9. PROJECT TIMELINES
o The Project timelines for this project are presented below. These
Timelines are for indicative purposes and NDoT and GTAC reserves the
sole right and obligation to amend any of these Timelines to ensure project
success.
o The following is the envisaged procurement timetable for the
implementation of the project:
Table 14: Project timelines
PROCUREMENT TIMETABLE MILESTONE DATES
Issue the RFP to the market 2 November 2018
Briefing and Clarification session with bidders – workshop
15 November 2018
Receipt of bids 31 January 2019
Evaluation of the RFP process:
Set the various evaluation committees and teams
Receive submission to the RFP
Evaluate the RFP
Shortlist the bidders
Bidder presentations
Identify the preferred bidder and reserve bidder if so
required
Due diligence on the preferred bidder
Obtain institutional approval for the preferred bidder
Between February and March 2019
Appointment of bidder
Negotiations
Financial Close
Signature of Contract & Project Close-Out
Transition management
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10. INSTRUCTIONS TO BIDDERS
10.1 Introduction
10.1.1 The conditions of participation in the RFP Process must be strictly complied with. All
Bidders are bound by the terms and conditions contained in the RFP. Bidders must
ensure that each member, subcontractor, agent, employee and advisor of the Bidder is
aware of and understands the conditions of participation, and the implications of failing
to comply therewith.
10.1.2 NOTE: Failure to comply with the conditions and requirements specified for submission
outlined in this section may result in disqualification from the RFP process.
10.1.3 Any attempt to gain information in a manner deemed to be unfair or disadvantageous
to other Bidders, or any attempt to unfairly influence the outcome of the evaluation may
result in disqualification from the RFP process.
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10.2 General
10.2.1 This RFP is issued by the NDoT and is distributed to Bidders on the condition that it is
for the exclusive use of the Bidders.
10.2.2 The information has been prepared by the NDoT and its Advisors in good faith.
Estimates obtained involve elements of substantial subjective judgement and analysis
that may or may not be accurate;
10.2.3 Submission of a Bid commits the recipient designated as the Preferred Bidder to enter
into negotiations for an agreement in relation to the provision of a complete Fleet
Solution and management support to the NDoT. However, neither the issuance of this
RFP, nor any information in it, should be regarded as a commitment on the part of the
NDoT to any Bidder to enter into negotiations and/or to conclude a binding contract;
10.2.4 Receipt of this document does not confer any right on any Bidder in respect of the Bid
process for the provision of a complete Fleet Solution to the NDoT, or in respect of or
against the NDoT or its advisors. The NDoT may, in its absolute discretion, terminate
any preferred bidder’s participation in the Bid process or terminate or amend the Bid
process at any time;
10.2.5 Information in this RFP is subject to review and amendment and will be superseded by
any information contained in any written amendment to this Request for Bid document.
The NDoT has no obligation to notify the Bidders of any amendments that may arise
subsequent to the issuance of this RFP, except as provided for herein.
10.3 Information Provided and Required
10.3.1 The information contained in this RFP document has been prepared by the NDoT in
good faith based on information provided from various sources. The NDoT will not
accept any liability or responsibility for its accuracy, adequacy or completeness.
10.3.2 Any estimates or projections obtained as stated herein have been prepared by the
NDoT and its employees and contractors and involve elements of substantial subjective
judgement and analysis, which may or may not be correct;
10.3.3 Neither the NDoT, nor any of its staff or contractors or advisors make any representation
or warranty or give any undertaking, express or implied, or accept any responsibility or
liability whatsoever, as to the content, accuracy or completeness of the information
contained in these RFP documents, or any other written or oral information made
available in connection with this process and nothing contained herein is, or shall be
relied upon as, a promise or representation, whether as to the past or the future;
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10.3.4 The NDoT will make only those particular representations and warranties set forth in
the definitive transaction documents when, and if, such definitive transaction documents
are ultimately agreed and executed, and subject to such limitations and restrictions as
may be contained therein;
10.3.5 The RFP documents may not contain all the information that may be required by the
Bidder to develop a possible submission in response to the RFP. Every Bidder should
conduct its own independent analysis of the requirements and the relevant data
supplied or referred to herein or that have been obtained during its investigations;
10.3.6 Neither the NDoT nor its advisors, nor any of their staff intends to update or otherwise
revise these RFP documents or other material supplied or accept any obligation to
provide Bidders with access to any additional information or to correct any inaccuracies
which may become apparent in the RFP documents or in any other information which
may be made available concerning the Project;
10.3.7 Any party considering responding to this RFP should seek its own independent
financial, legal and other advice.
10.4 No Rights in Respect of the Project
10.4.1 Receipt of the RFP documents does not confer any right on any Bidder in respect of the
Project or in respect of or against the NDoT. The NDoT reserves the right in its sole
discretion, to withdraw, by notice to Bidders, any element of the Project from the RFP
Process, to terminate any Bidder’s participation in the RFP Process or to accept or
reject any response on notice to the Bidder without liability to any party.
10.4.2 No agreement will be deemed to have been reached with any party, if definitive
transaction documents have not been agreed and executed by the NDoT. Accordingly,
Bidders have no rights, expressed or implied, with respect to any of the elements of the
Project as a result of their participation in the RFP process.
10.5 Confidentiality
10.5.1 Through receipt of these RFP documents, Bidders will have received confidential
information. Bidders are required to comply with the undertakings they have given in
connection with the receipt of such information as set out in the Confidentiality
Undertaking.
10.5.2 The RFP documents are made available on condition that they are used in connection
with the process set out in these documents and for no other purpose.
10.5.3 All confidential information provided by the NDoT (including all copies thereof) remains
the property of the NDoT.
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10.6 Qualifying Bidders
10.6.1 Who May Submit a Response to This Bid?
10.6.1.1 The NDoT invites bids from companies who comply with the requirements
for this Bid. In view of the scope of work required in this Bid as well
as the financial requirements, the NDoT has decided that:
10.6.1.2 Only companies who, for the purposes of this Bid, have an established
fleet service provision company that complies with all the requirements
for this RFP, may submit a response to this Bid.
10.6.1.3 The Bidder must:
10.6.1.3.1 Be able to deliver the services and to the extent required;
10.6.1.3.2 Show a high level of maturity and discipline in its products, services
and standards; and .
10.6.1.3.3 Comply with all other requirements as stipulated in the RFP.
10.6.2 What are the Eligibility Requirements for submitting a Bid?
10.6.2.1.1 The following parties may submit a Bid:
Table 15: Eligibility requirements
Terms Definition
Private Parties
All privately-owned firms that are not blacklisted by the South African
Government’s Office of the State Bid Board (and its successor/s after its
demise in 2004) or by professional bodies, or which have not been found
guilty in a court of law of fraud or corruption-related crimes in South Africa
or any other country, are eligible for participation.
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10.6.2.1.2 The following are specifically precluded from participating in this Bid
process:
10.6.2.1.3 State Owned Entities or Government Departments
10.6.2.1.4 No NDOT employees, consultants or transaction advisors or close
family members of NDOT employees, consultants or transaction
advisors are permitted to be participate in, submit a bid or advise any
bidder;
10.6.2.1.5 No Treasure employees or close family members of Treasury are
permitted to be participate in, submit a bid or advise any bidder; and
10.6.2.1.6 No User Department employees or close family members of User
Department employees are permitted to be participate in, submit a bid
or advise any bidder.
10.6.3 Legal Personality
10.6.3.1.1 Bids in the name of a natural person or persons will not be accepted.
ILLUSTRATIVE EXAMPLE
SHAREHOLDERS AGREEMENT
SHAREHOLDING: 40% 30% 30%
Member 1Pty Reg No
Member 2Pty Reg No
Member 3Pty Reg No
SPV / Bidding Entity
Sub-contractor 1Pty Reg
Role
Sub-contractor 1Pty Reg
Role
Sub-contractor 1Pty Reg
Role
Sub-contractor 1Pty Reg
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10.6.3.1.2 The NDOT strongly prefers to enter into an agreement with a single
Bidding Entity – a Special Purpose Vehicle/SPV, which may be
incorporated by a single legal entity or a consortium of legal entities
for purposes of delivering this project. This SPV shall be able to deliver
a material portion of the scope at Bidding Entity level and shall take
full responsibility for all aspects of the Services required, including
material delivery of services, acceptance of all risks and be the major
commercial beneficiary.
10.6.3.1.3 The NDOT furthermore prefers that this SPV be ring-fenced and
limited specifically and exclusively to delivering this project for the
NDOT. The SPV shall be prohibited from accepting external work or
bidding for other projects without the express prior written approval of
the NDOT.
10.6.3.1.4 Where more than 1 company participates in the Bidding Entity, a Lead
Member shall be appointed by agreement between members in the
Bidding entity. The Lead Member of the Bidder shall be the Bidder
contact person for all communication with the NDOT, and any
communication between the NDOT and the Lead Member of a Bidder
shall be deemed to have been made between the NDOT and all
members of the Bidder. Further, the Lead Member shall take full
responsibility for fulfilment of any obligations owed to the NDOT, for
management of any Agreement resulting from this RFT, and for losses
and damages suffered by the NDOT as the result of any actions by the
Bidder or any member thereof.
10.6.3.1.5 The Bidding Entity, if appointed, shall comply with all requirements of
South African legislation, including but not limited to the following:
10.6.3.1.5.1 Registration for and compliance with all applicable taxes and
duties as enforced by SARS from time to time, including but not
limited to Income Tax and VAT, Employees Tax, etc.;
10.6.3.1.5.2 Compliance with the Companies Act 71 of 2008 ; and
10.6.3.1.5.3 Any other legal and statutory requirements which would ordinarily
applicable to a company of this type,
10.6.3.1.6 The Bidding Entity, if appointed, shall furthermore comply with the
latest Corporate Governance guidelines as per the King IV Report on
Corporate Governance.
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10.6.3.1.7 The Bidder is responsible for ensuring that the Bidding entity is
adequately funded, specifically once appointed, with cash flow
management to meet business requirements at all times, thereby
ensuring the entity’s liquidity and solvency for the duration of the
contract.
10.6.3.1.8 The successful Bidder must to comply with all defined legal
requirements and statutory regulations as well as subsequent
amendments thereto related to the PPP Agreement.
10.6.4 Can the composition of Private Party change?
10.6.4.1 Any changes to the composition of a Private Party after the deadline for
submission, but before the awarding of the contract may, at the discretion
of the NDoT, result in the bidder being disqualified.
10.6.4.2 Any changes to the composition of a PP after the awarding of the contract
may only be made with the consent of the NDoT and shall, in all material
aspects, comply with the original contract requirements.
10.6.4.3 Any changes in control during the contract period that are not agreed with
and approved in writing by the NDoT, will be to breach of the PPP
Agreement.
10.6.5 Participation in More than One Consortia
10.6.5.1.1 The NDOT reserves the right to disqualify any bid submission received
from any Bidder in the event that any bona fide established fleet
service provision company or other legal entity or associated natural
person is involved (either directly or indirectly) at Bidding Entity Level
in more than one bid without the express written and prior approval of
the NDOT. Specifically excluded from this requirement are the
following, subject to not participating in any other bid specifically at
Bidding entity level:
10.6.5.1.2 Bona fide OEM vehicle manufacturers or their authorised
repair/maintenance agents or service points who are permitted to act
as suppliers/sub-contractors to more than 1 (one) bid,
10.6.5.1.3 Bona fide retailers or agents of OEM spare parts or tires who are
permitted to act as suppliers/sub-contractors to more than 1 (one) bid,
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10.6.5.1.4 Bona fide OEM manufacturers / Coach builders or agents of OEMs
providing vehicle modifications, fittings or accessories (including but
not limited to hydraulic cranes, different load bin configurations,
canopies, bumpers or other after-market modifications or equipment)
who are permitted to act as suppliers/sub-contractors to more than 1
(one) bid,
10.6.5.1.5 Bona fide providers of IT goods and services (including but not limited
to providers of vehicle tracking or driver tracking software and
hardware, financial and accounting systems, fleet management
systems, call centre software, accounting, financial or asset
management software, data analysis systems, process flow software,
etc.) who are permitted to act as suppliers/sub-contractors to more
than 1 (one) bid,
10.6.5.1.6 Bona fide providers of fuel payment systems and associated
management information systems, who are permitted to act as
suppliers/sub-contractors to more than 1 (one) bid.
10.6.5.1.7 Bona fide providers of toll payment systems and associated
management information systems, who are permitted to act as
suppliers/sub-contractors to more than 1 (one) bid.
10.6.5.1.8 No person (including both Enterprises and natural persons), or advisor
to a person or Enterprise may be a member of, or in any way
participate in or be involved with (either directly or indirectly), more
than one Bidder at any stage during the procurement process, except
as permitted in terms of Clauses 10.6.5.
10.7 No person (including both Enterprises and natural persons) or advisor employed by
either the NDOT, National Treasury or any member of the Transaction Advisor, may
advise any Bidder or be a member of any Bidder. The Bidder warrants by virtue of it
submitting an RFT that no such person has advised the Bidder or is a member of such
Bidder.
10.8 Any Bid received from a Bidder will be disqualified in the event that any member of
that Bidder is directly or indirectly involved in, or a member of, a competing Bidder’s
PP.
10.9 The OEM, Tyre and Fuel Management Technology Suppliers shall for purposes of this
Bid be regarded as suppliers therefore can be in more than one bidder.
10.10 Legal and PP Structure Requirements
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10.10.1 All requirements of South African legislation shall be complied with, such as but not
limited to the following:
10.10.1.1 Registration for Income Tax and VAT;
10.10.1.2 Registration for Employees Tax;
10.10.1.3 Providing a valid Tax Clearance Certificate valid for at least nor less than
6 (six) months from the Closing Date of this RFP; and
10.10.1.4 Appointment of Company auditors registered in terms of the PAAB Act;
10.10.2 The company shall comply with the latest Corporate Governance guidelines as per the
King II Report on Corporate Governance.
10.10.2.1 The Bidder is responsible for ensuring that the entity is adequately funded,
with cash flow management to meet business requirements at all times,
thereby ensuring the entity’s liquidity and solvency for the duration of the
contract.
10.10.2.2 The successful Bidder must to comply with all defined legal requirements
and statutory regulations as well as subsequent amendments thereto
related to the PPP Agreement including, but not limited to:
10.10.2.2.1 The Constitution of the Republic of South Africa No 108 of 1996;
10.10.2.2.2 Occupational Health and Safety Act No 85 of 1993 and regulations
thereto;
10.10.2.2.3 Employment Equity Act No55 of 1998 and regulations thereto;
10.10.2.2.4 Labour Relations Act No 66 of 1995 and regulations thereto;
10.10.2.2.5 Basic Conditions of Employment Act No 75 of 1997 and regulations
thereto;
10.10.2.2.6 Public Finance and Management Act No 1 of 1999 and regulations
thereto; and
10.10.2.2.7 Skills Development Act No 97 of 1998 and regulations thereto.
10.11 Competition
10.11.1 Any Bidder shall, without prejudice to any other remedy available to NDoT, be
disqualified, where:
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10.11.1.1 The Bidder and their respective advisors, officers, employees and agents
engage in any collusive action with respect to the RFP Process which
serves to limit competition amongst Bidders.
10.11.1.2 A member, subcontractor, agent, employee or advisor of a consortium is
part of another consortium unless permission is sought from NDoT in
writing and with full motivation for such involvement prior to the Closing
Date.
10.12 Conflict Of Interest
10.12.1 PP / Consortium Members:
Refer to Section 10.6.5
10.13 Advisors and Lenders
To prevent the conflict, or potential conflict, of interest between lenders and sponsors
of projects, no advisor or lender to any PP or member of a PP should fulfil the role of
arranger, underwriter or lead bank to any other PP.
10.14 Grounds for Disqualification
10.14.1 NDoT may, disqualify any Bidder from this RFP Process:
10.14.1.1 Whose response to the RFP does not comply with the format stipulated in
the Technical Bid response documents, BEE Bid response
document and the financial Bid response documents.
10.14.1.2 Whose conduct fails to adhere to any of the requirements and terms and
conditions prescribed by this RFP.
10.15 Integrity and Honesty
Bidders must act with the highest degree of integrity and honesty and with the utmost
good faith in all dealings with NDoT. Responses must not contain any
misrepresentations and the Bidders are required to warrant that no material
misstatements or omissions are contained in its Response.
10.16 No Contact
10.16.1 Bidders are informed that they are not permitted to engage directly with any party at
NDoT (including its advisors) and all communication shall be managed and co-
ordinated by the Contact Person.
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10.16.2 Without derogating from any other terms of this RFP, it is recorded that NDoT views
compliance with this provision in an extremely serious light and that any failure by a
Bidder to comply strictly with these provisions may render such Bidder liable for
immediate disqualification from the process on written notice from NDoT.
10.17 Declaration of Interest
The Bidder must, on behalf of each member, subcontractor, agent, or advisor of the
Bidder, complete and sign the Declaration of Interest Form and present such signed
form with its response. Failure to do so may result in the disqualification of the Bidder.
10.18 Costs of responding to the RFP
Neither NDoT, nor any of its staff and or advisors will assume any obligations for any
costs or expenses incurred by any party or Bidder / PP in or associated with any
appraisal and /or investigation of the project or any other costs, expenses or liabilities
of whatsoever nature and howsoever caused incurred by Bidders in connection with or
arising out of the process.
10.19 Additional information in Respect of Bidders
10.19.1 NDoT reserves the right to seek additional information in respect of Bidders, its
members and their staff, including calling on Bidders to supply additional information,
seeking comments on performance from referees and other customers of the Bidder,
its members and their staff, as well as research undertaken by NDoT.
10.19.2 NDoT reserves the right to conduct complete security, credit and background clearance
checks as well as to obtain independent confirmation that all tax affairs are up to date
of all Bidders and their members, and their staff.
10.19.3 Additional information obtained will be used solely in connection with the evaluation of
Responses and to disqualify those Bidders who have failed to pass, among others, the
security, credit and background clearance checks as well as the independent
confirmation that all tax affairs are up to date.
10.20 Copyright and Ownership
10.20.1 The copyright in all documents and data forming part of the RFP documentation or
developed by NDoT during any stage of the Project, shall vest in NDoT. The RFP may
not be reproduced, copied or stored in any medium without the prior written consent of
NDoT other than for use strictly for the purpose of preparing a response to this RFP.
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10.20.2 All materials, information and data submitted by Bidders shall become the sole property
of NDoT, with the exception of:
10.20.2.1 Confidential financial statements and
10.20.2.2 Copyright material, trade secrets or other proprietary information clearly
identified as such by Bidders in their Responses.
10.21 Disputes
10.21.1 Any dispute arising in relation to or in connection with any aspect of the RFP process
shall be dealt with in accordance with the provisions of this paragraph, utilizing the
following procedure:
10.21.1.1 In the event of any dispute arising, notice of the dispute must be lodged in
writing by the Nominated Representative with the Contact Person within
5 business days of the Bidder recognising the dispute. Any dispute not
lodged in this manner will not be entertained by NDoT.
10.21.1.2 NDoT shall within 10 business days of being notified of the dispute,
arrange a meeting with the Bidder, at which meeting the Bidder and NDoT
shall attempt to resolve the dispute in good faith.
10.21.1.3 Where the parties are unable to resolve the dispute through the meeting,
either of the parties may refer the dispute for arbitration before an
arbitrator appointed by and in accordance with such rules and procedures
of arbitration as may be determined by and in accordance with the
Arbitration Foundation of Southern Africa, or its successors in title.
10.21.1.4 Notwithstanding the above provisions, any party shall be entitled to
approach a competent court of law having jurisdiction to obtain any urgent
relief which may be required by such party provided that the other party
is given at least 10 business days’ notice in writing of the party’s intention
to seek relief from the court.
10.22 Access to Information
The NDoT and GTAC shall only provide information regarding the Project and the RFP
Process to any persons in accordance with a valid request for access and in accordance
with the limitations set out in the Promotion of Access to Information Act 2 of 2000.
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10.23 Amendments and Termination of the RFP Process
10.23.1 The NDoT reserves the right not to enter into a PPP Agreement for this project at its
discretion.
10.23.2 The NDoT reserves the right to amend or terminate the RFP Process at its discretion
and to initiate a new Bid process.
10.23.3 The NDoT reserves the right to terminate the RFP Process and to initiate a new Bid
process in the event that NDoT determines that the cost of Bids received exceed
NDoT’s affordability target.
10.23.4 The NDoT, its staff and advisors shall not under any circumstances be liable for any
costs, damages or expenses incurred by Bidders, their members, or their staff as a
result of such amendment or termination.
10.24 Pricing
10.24.1 Pricing shall be submitted in the format of a Rate Card, which shall be fixed for a
minimum of 6 months from date of submission of Bid.
10.24.2 Pricing shall be negotiated and finalised at date of Contract signing but may not vary
significantly from prices submitted during Bid submission.
10.25 Bid Bond
10.25.1 Bidders must lodge a bid bond of R200 000 (two hundred thousand ZA Rand) in respect
of their participation in the RFP Process. This Bid Bond must be in the form of an
unconditional bank guarantee which must be valid for a period of 180 days from date of
submission.
10.25.2 The Bid Bond is intended to regulate the activities of Bidders to ensure that integrity and
good faith is maintained throughout the RFP process and that the time and resources
of NDoT are not wasted on spurious bids. The Bid Bond shall be unconditional and
payable on demand if the Bidder:
10.25.2.1 Makes any material misrepresentations in its RFP response; and/or
10.25.2.2 Any of its members/ staff engage in any collusive action or illegal activities
with respect to the RFP Process or frustrates the Bid process; and/or
10.25.2.3 Fails, if selected as the Preferred Bidder, to conclude an agreement with
NDoT on substantially the same terms and conditions as set out in the
RFP (as qualified by its Response).
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a) The Bid Bond will be released for unsuccessful Bidders. The Bid Bond will
be released via written notification immediately upon notification to those
Bidders that they have been unsuccessful in the Bid process, but shall be
retained by the NDOT for the duration of the negotiation period for the
Preferred and Reserve Bidders.
b) In the event that a BAFO process occurs, the validity of the Bid Bond shall
remain intact until such time (at the sole discretion of the NDOT) as an
appointment is made by the NDOT as evidenced by execution of a PPP
Agreement, or the Bid process is terminated by the NDOT.
c) On appointment as evidenced by execution of a PPP Agreement, the Bid
Bonds for unsuccessful Preferred Bidders and / or Reserve Bidders will be
released.
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10.26 Competition Commission
The Private Party shall be responsible for all costs of filing any applications to the
Competition Commission that may be necessary pursuant to being identified as the
Private Party, including any costs for which NDoT may be liable in terms of such
application, as well as any costs which NDoT may incur in relation to providing
information required for completion of the applications.
10.27 Disclosure of Information
10.27.1 Throughout this RFP process and thereafter, prospective respondents must secure
from NDoT written approval prior to the release of any information that pertains to the
potential work or activities covered by this RFP or the subsequent contract. Failure to
adhere to this requirement may result in disqualification from the RFP process or civil
action.
10.27.2 Bids will be kept confidential by NDoT until a contract is awarded or the process is
terminated. At that time, Bids and related documentation may be made available for
inspection at NDoT’s discretion, except for material that is proprietary or confidential.
NDoT will not disclose or make public any pages of a Bid which the respondent has
marked "proprietary" or "confidential".
10.28 Interpretation Requirement
The respondent shall agree to accept NDoT’s interpretation of any specific requirement
in this RFP document. Should there be any difference in interpretation between the
respondent and NDoT, NDoT’s interpretation shall be regarded as final.
10.29 Compulsory Briefing Session
10.29.1 A compulsory Briefing Session will be held at:
Table 16: Briefing session
DATE: 15 November 2018
TIME: 10am
LOCATION VENUE:
National Treasury GTAC, 1st Floor, Room no. 0103
ADDRESS: 240 Madiba (Vermeulen) Street Pretoria
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10.29.2 An attendance register shall be circulated after the briefing session.
10.29.3 The purpose and objectives of the compulsory briefing session are:
10.29.3.1 To identify companies and or companies interested in participating in the
Bid process;
10.29.3.2 To introduce Bidders to the appropriate NDoT contact person;
10.29.3.3 To explain the communication applicable during the RFP phase;
10.29.3.4 To explain the Bid process;
10.29.3.5 To provide further information in respect of the RFP. Such information may
not necessarily have been included in the RFP documentation;
10.29.3.6 To clarify any issues and or queries relating to the RFP and project;
10.29.3.7 To explain the process regarding the subsequent submission of questions
to and responses by NDoT; and
10.29.3.8 To explain and answer questions in respect of the compulsory site-visits.
a) NDoT recommends that one individual from each potential Bidder attends
the briefing session and that such person acts as the Bidder’s Contact
Person. Refer to Section 10.31
b) Parties who fail to attend or whose details fail to appear in the briefing
session register may be disqualified from the RFP Process and
Responses presented may not be considered for evaluation.
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10.30 Questions and Answers
10.30.1 Bidders may pose any such questions as they deem necessary to satisfy themselves
of the needs, requirements and relevant project details.
10.30.2 It would be helpful, though not compulsory, if all questions to be raised at the Briefing
Session are submitted to the NDoT contact person, in writing, at least 1 Business Day
before the Briefing Session. NDoT and/or its advisors shall endeavour to answer
questions at the Briefing Session. All questions and answers shall be circulated after
the Briefing Session to all Bidders who have completed the attendance register.
10.30.3 Questions after the Briefing Session shall ONLY be submitted to the NDoT contact
person, in writing, either by electronic mail, by post, by hand-delivery or by fax. All sub
sequent questions and responses thereto will be circulated to Bidders at regular
intervals, determined by the NDoT.
10.31 Bidder’s Contact Person
10.31.1 Each potential Bidder shall appoint a representative, who shall for the duration of the
Bid phase up to final contract negotiations, be the contact person for that Bidder. It is
therefore imperative for each Bidder to make available a resource with suitable
technical and or business knowledge to act as a representative for that Bidder.
10.31.2 This contact person shall be contactable between 8:00 AM to 16:00 PM during week
days
10.32 NDoT Contact Person
10.32.1 For the duration of the Bid, or until such time as otherwise notified, the following person
shall act as official contact person for NDoT
Table 17: Contact Person
Name GTAC
E-Mail [email protected] or [email protected]
Fax No.
o Any questions or requests must be addressed to this person in writing at
all times and must be sent to the two email addresses indicated above.
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10.33 Closing Date for Submissions
10.33.1 The closing date and time for this RFP is 31 January 2019 at 11h00am.
10.33.2 Failure to submit a response to this RFP by the Closing Date and Time in the requested
formats, may result in the Bid being rejected.
10.33.3 Responsibility for timely delivery rests with the Bidder. Bidders are advised to provide
sufficient time to find parking and to reach to the Bid Box prior to the Closing Time.
10.33.4 NDoT may at its sole and absolute discretion extend the Closing Date and Time by
notice at least 7 calendar days prior to the Closing Date. NDoT will advise the bidders’
contact person accordingly by mail and or fax and they will be required to confirm receipt
of the communication in writing. In such an event the terms and conditions of this RFP
shall be subject to the new extended deadline.
10.34 Information Required From Bidders
10.34.1 There are three responses required from the bidders:
10.34.2 The Technical Response Document, which shall as minimum contain the following:
10.34.3 The Technical Response document shall at a minimum set out the following aspects /
sections. Non-compliant response to these sections and structure will be deemed
unresponsive.
10.34.4 Cover Letter: One cover letter for the Single Bidder, SPV / Consortium/JV as a whole
which should contain the following as a Minimum:
10.34.5 Confirmation of interest to participate in provision of the following services:
10.34.5.1 Full Maintenance Lease / Long term Services;
10.34.5.2 Short Term Rental services;
10.34.5.3 Medium Term Rental services;
10.34.5.4 Transport services (Point-to-point, Chauffeur.
10.34.6 Bidder Identity – The following template should be completed for each separate legal
entity in a Bidding Entity / Consortium / JV (if applicable) – copy template and complete
section in light blue
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Bidder Identity
Legal Entity Registered Name:
Date of first registration:
Entity Registration number:
Country of registration:
Role in Bidding Entity:
E.g.
Lead or Prime Contractor,
Consortium/JV member Contact details
Entity Physical address:
Entity Postal address:
Entity Office telephone:
Entity Office fax number:
Contact person name:
Contact person cell phone number:
Contact person email address:
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10.34.7 Confirmation that Bid pricing is firm and fixed for a period of 6 months,
10.34.8 Cover letter should be signed by a person duly authorised to do so on behalf of the
bidding entity (SPV, Consortium, JV)
10.34.9 One Letter Confirming Participation & Support per individual Consortium/JV member or
Key Subcontractor. This letter which should contain the following as a minimum and be
printed on the official letterhead of that entity:
10.34.9.1 Confirmation of participation in the bid of the Consortium/JV and
Confirmation of prior Board approval to participate in this bidding process,
or
10.34.9.2 Confirmation of firm support to the Consortium/JV if key subcontractor,
or
10.34.9.3 In each case the Participation & Support letter should be signed by a
person duly authorised to enter into binding agreements on behalf of each
individual participating or supporting legal entity.
10.34.10 Minimum Requirements, Statutory Structure and Compliance Response.
10.34.11 SBD Forms Completed and Signed.
10.34.12 SPV shareholders agreement/ Consortium Agreement/ JV agreement (as may
be applicable).
10.34.13 NOTE: It is critical that the following documents are marked up prior to submission
in order to fast track the negotiation and financial close.
10.34.14 Marked-up version of the draft PPP Agreement.
10.34.15 Marked-up copy of the Draft SLA.
10.34.16 Marked-up copy of the Draft Penalty regime.
10.34.17 Other minimum Compliance requirements:
10.34.17.1 Valid Tax Clearance certificate(s) or SARS reference,
10.34.17.2 Valid BEE certificate or Affidavit
10.34.17.3 Bidder Identity – Company / Trust / CC registration documents,
10.34.17.4 Duly authorised Board resolution to respond to this bid,
10.34.17.5 Bid Bond,
10.34.17.6 Financial statements for 3 years – as required in Section.
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10.34.18 Executive Summary: (should not exceed 5 (five) pages) containing the following:
10.34.19 Summary of the salient aspects of the Bid and further motivating the capabilities of the Bidder to address the requirements of the National Department of Transport in respect of this specific Bid for:
10.34.19.1 Full Maintenance Lease / Long term Services;
10.34.19.2 Short Term Rental services;
10.34.19.3 Medium Term Rental services;
10.34.19.4 Ad-hoc / Bus transport services;
10.34.19.5 Transport services (Point-to-point, Chauffeur.
10.34.20 Overall Bidding entity profile:
10.34.21 In the Cover letter bidders provided a summarised overview of the legal entities forming part of or supporting this bid.
10.34.21.1 Bidding entity/Consortium/JV corporate structure diagram. Diagram of
Structure distinguishing between shareholders / consortium / JV
members and key sub-contractors.
Below is an illustrative example:
10.34.21.2 For each participant - provide a summary of the ordinary business
activities of that company (SPV / consortium member/ JV member/sub-
contractor) that submitted participation or support letters .
a) Maximum 2 typed pages per participant b) Supplementary corporate glossy brochures can be provided as
addendum
SHAREHOLDING: 40% 30% 30%
Member 1Pty Reg No
Member 2Pty Reg No
Member 3Pty Reg No
SPV / Bidding Entity
Sub-contractor 1Pty RegRole
Sub-contractor 1Pty RegRole
Sub-contractor 1Pty RegRole
Sub-contractor 1Pty Reg
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10.34.21.3 Proposed SPV / Bidding Entity Structure and Governance
10.34.21.4 Corporate Governance & Organisation Structures. Provide proposed lean
organisational structure (organogram) that will enable the organisation to
efficiently and cost effectively address all the requirements for this
contract. Indicate names of key personnel as well as function for each
name proposed – below is an illustrative example:
10.34.21.5 Bidders are advised to illustrate reporting lines and cover as a minimum
the following functions (including but not limited to) not listed in any
specific order:
a) Finance b) IT c) Risk management d) Call centre e) Insurance f) Legal & Contract management g) Supplier management and quality control h) Customer Service Management team i) Etc.
Include applicable Board sub-committees and auditors. Also provide total proposed headcount.
Board Level
Executive Management Level
Day-to-Day
management &
Operations
Chairperson Exec Director Non-Exec Director
MD
FInance Director Other Director Other Other
Subordinate 1
Subordinate 2
Subordinate N
Subordinate 1
Subordinate 2
Subordinate N
Subordinate 1
Subordinate 2
Subordinate 1
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10.34.21.6 Description of current professional and other personnel proposed for this
contract with reference to the required levels of expertise, seniority, and
skill sets as dictated by this RFP.
10.34.21.7 CV template to be copied and completed for all proposed key positions
(cross reference to organogram) –complete section in light blue:
Example (1 page CV per person
CV Template
Proposed role: <e.g. Project Manager > Name and Surname:
Nationality: ID number: Key qualifications:
<year of qualification, issuing institutions and academic qualifications>
Key Clients served:
<Event / client name, period, role>
Key experience:
<short synopsis of experience with emphasis on sporting industry, key accounts managed, and other relevant information>
Provided by / Employee of:
<Name of lead / consortium/JV member / subcontractor name>
10.34.22 Bidding entity Track record and Relevant Experience:
10.34.22.1 Bidders are required to complete the template for each key qualification /
or reference project:
10.34.22.2 Full details on relevant prior experience with specific emphasis on
reasonably similar past projects - Provision of National, Provincial, or
Local fleet. PPP projects, other type outsourcing or fleet
contracts and large scale private sector contracts can also be
included:
a) Full Maintenance Lease / Long term Contract Services; b) Short Term Rental services; c) Medium Term Rental services; d) Ad-hoc / Bus transport services; e) Transport services (Point-to-point, Chauffeur)
Copy template below for each qualification and complete section in light blue
Previous experience / Current Clients
Qualification of: <Name of bidding entity / consortium member / sub-contractor>
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Project description:
<short description> <types of vehicles>
Appointment period:
From: To:
Contract duration:
Relative contract size:
<Rand per year> & <Number of vehicles> units
Client: <name of company / organisation / organiser > Client contact person:
<name and surname>
Client contact details:
Tel: (including international dialling codes) E-mail:
Overview of key Bidder’s responsibilities
10.34.22.3 Bidding current fleet capacity:
10.34.22.4 Bidders are required to provide an overview of their current fleet capacity:
a) Full Maintenance Lease / Long term Services fleet; b) Short Term Rental fleet; c) Medium Term Rental fleet; d) Ad-hoc / Bus transport fleet; e) Fleet for other Transport services (Point-to-point, Chauffeur)
10.34.22.5 Bidders need to clearly differentiate between existing/current in-house
capacity by specifying which capacity is provided by which Bidding entity
/ Consortium member, vs. in-sourced capacity from named sub-
contractors who have provided letters of commitment.
10.34.22.6 Proof of Bidding entity Current Relationships:
10.34.22.7 Bidders are required to prove current relationships with key value chain
stakeholders:
a) Vehicle manufacturers (OEMS); b) Insurance companies; c) Financial institutions; d) Vehicle tracking service providers; e) Fuel operators; f) Road side assistance providers; g) Information technology providers, h) Manufacturers (OEMS), and installers of vehicle accessories,
modifications and fittings, and i) Other Value added service providers.
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10.34.22.8 For each relationship claimed, cross-reference to qualification for Previous
Experience / Current Projects where this party was involved.
10.34.22.9 Bidders understanding of project legal requirements and considerations:
a) Bidders to indicate their understanding of the requirements of the National Department of Transport for this specific project in terms of legal, statutory and other obligations, safety requirements and considerations, and specifically the legal risks, in a well-structured discussion.
b) Proposed Operational response to RFP requirements c) Bidder to detail their Technical and Operational response to the
technical requirements of this Bid in a well-structured discussion (covering at least the following matters indicated below);
d) Proposed Governance systems; e) Proposed Contract Governance approach addressing the following: f) Over-all contract governance at:
National level,
Departmental level,
Local level,
g) Bidders are required to indicate their understanding, proposed management approaches and commitment regarding the following:
Compliance with the principles of good corporate governance and governance outcomes contained in the latest version of the King 4 Code on Corporate Governance,
Compliance with PFMA and or other applicable legislation,
Commitment to comply and stay abreast of Best-Business-Practice, including but not limited to IT, IT security and data governance / Cobit, Project management / PMBOK / Prince2,
Commitment to good corporate governance, honest and transparent management,
Commitment to honest and transparent procurement practices, supplier management and financial practices,
Commitment to standard operating practices and internal controls.
10.34.22.10 Proposed vehicle fleet.
a) Bidders are required to provide an overview of the vehicle models proposed for use at the outset of the Long Term fleet. (It is understood that vehicles will change over time as newer models are introduced). The models contained in this Technical Proposal must be reflective of the exact same vehicle models priced in the financial proposal and vice versa. Please also use the same sequence and reference numbers.
b) Specifications are required for each of the models as set out in the Rate Card for Long Term/ FML fleet (FLEET REFERENCE NUMBER A1-A73 inclusive)
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c) For each individual vehicle model proposed, complete the following template – the specifications reflected in the table must be for the actual model proposed (some illustrative example data and photos used to populate the table below):
Please ensure the correct model nomenclature and specifications are provided for all proposed models.
Model No 1 – <e.g. >
Make: <Brand of vehicle> Model: <Model of vehicle> Model Derivative:
<Model derivative e.g. GLS / HSE / Trendline
Year this shape was first introduced:
<2017>
Reliability rating:
JD Power, IPSOS, or similar
Engine: <e.g. 1200 CC Turbo diesel> Drive: <4 x 2>
<4 x 4> <6 x 4>
Type: <Passenger Hatchback> <Passenger Sedan> <Passenger Station wagon> <Passenger MPV/Kombi> <LCV – Single Cab> <LCV – Club Cab> <LCV – Double Cab> <SUV> <Panel Van> <Truck> <Truck Specialised> <Bus> <Tractor>
Suspension: <Standard suspension> <Raised suspension (+ diff-lock)> <4 x 4 suspension>
Wheelbase <Short/Long> Fuel: <e.g. diesel > Kilowatt: <Kw> NM of Torque:
<NM>
Fuel consumption
<Litres per 100 km>
Tare: <kg > GVM: <kg> Payload: <kg> Cab: <Single cab>
<Double cab> <Other>
Passengers:
<Passengers>
Motorplan: <In months and KM>
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Model No 1 – <e.g. >
<Distinguish if limited service plan vs comprehensive motor plan, etc.>
OEM Guarantee, warranty
<>
Quality awards, Reliability rankings
<Awards> <E.g. South African equivalent of JD Power survey, IPSOS, or similar)
Front pic perspective:
Dashboard:
d) Regional footprint of the SPV / Consortium / JV covering all the South African Provinces where services will be required as per the requirements of this RFP.
e) Indicate the following:
Proposed location of Head Office from where this project (if awarded) will ordinarily be administered;
Proposed locations from where services will be rendered:
f) Full Maintenance Lease / Long term Services:
OEM Brand specific Service & Maintenance locations g) Short Term Rental services:
Issue / return h) Medium Term Rental services:
Issue / return i) Transport services (Point-to-point, Chauffeur, Bus transport) j) Roadside assistance;
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o For each location separately indicate: k) Which participant (SPV shareholder/ Consortium / JV member/Sub-
contractor) controls that specific site or location; l) Which exact services will be rendered from each proposed site as
well as that specific site’s capacity to provide the specific services; m) Confirm how each site is specifically equipped to render the
proposed service. n) Regional footprint information may be substantiated by way of:
Colour coded printed Maps
Cross referenced address lists and contact details of branches
10.34.22.11 Proposed Fleet Operations including supporting Management Information
systems & Fleet Management systems.
a) Bidders are required to address the following topics as a minimum with reference to the different fleet needs (Long Term fleet, Short & Medium Term fleet, Ad-hoc Bus services, other Transport services):
10.34.22.12 Financial and Billing System
a) Provide a short overview of the proposed Financial and Billing system.
b) Confirm the measures that will be taken to ensure all billing is accurate, valid, complete and received timeously within applicable SLA turn-around times.
c) Confirm the measures that will be taken to prevent inaccurate billing or unreconciled items, and resolve queries or issues timeously.
d) Confirm the measures that will be taken to ensure the billing and payment process is user-friendly and that user departments have all relevant information at their disposal to ensure speedy processing.
e) Fleet Operational Management and Fleet IT system
Provide a short overview of the proposed Fleet Operational process and system.
Confirm the measures that will be taken to optimise management of:
i. Fleet availability, ii. Fleet reliability, iii. Fleet durability, iv. Fleet operational cost efficiency, including
but not limited to fuel efficiency, tyre durability and overall fleet maintenance and service quality,
v. Quality control – monitoring of service standards to ensure OEM service requirements are complied with,
vi. Cost control – ensuring services, repairs, accessories or fitting costs are pre-approved, reasonable, market related, authorised, costs are necessary, all services actually carried out.
vii. Road side assistance. viii. Maintenance/repairs or other service
requests. ix. Bookings for short or medium term vehicles
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x. Accident repairs. xi. Ongoing Fleet optimisation.
Confirm the measures that will be taken to ensure the asset register is accurate and complete (considering both vehicles, accessories and modifications).
Confirm the measures that will be taken to ensure all vehicles are frequently inspected, timeously serviced, rotated, licensed, repaired as and when requested (including routine maintenance and preventative maintenance, tyre replacement, wheel balancing and alignment etc.) and fully road worthy at all times.
Confirm the measures that will be taken to ensure all modifications and accessories are inspected and or serviced as per applicable legal requirements or as and when requested (including but not limited to hydraulic equipment, safety equipment, etc.).
10.34.22.13 MIS – Management Information system
a) Provide a short overview of the proposed Management Information System, including the following functionality
Secure user log in and tiered / role-based access control,
System and Data Security,
Data completeness, integrity and reliability,
System & Data availability,
Data retention,
System driven standard reports (e.g. available on the 25th of every month),
Data analytical ability to draw up custom reports as and when required on either statistical / historical data or live data,
Exception reporting and Real-time Automatic User notifications (e.g. 2 re-fuelling same day or refuelling exceeded tank capacity, accident, upcoming scheduled maintenance etc.)
b) Provide a short overview of the proposed electronic workflow functionality to ensure all vehicle bookings (e.g. short term rental quote request or booking) and service requests (e.g. repair required on FML vehicle), or vehicle accessory requests (e.g. new canopy) are valid, timeously recorded and acted on, quotes provided as per requirement, expenses duly authorised prior to event (not retrospectively) and recorded within applicable SLA turn-around times.
c) Confirm the functionality/measures that will be taken to ensure the data on the system is accurate, complete and up to date (e.g. fuelling, utilisation, distance travelled per month, and that the same data is reflected across all systems at the same time and as accurate as possible to real-time information).
d) Confirm system functionality to disseminate information, keep electronic copies of e.g. rate cards, act as information repository, keep billing history, maintenance & servicing records, accident repair information, OHS inspection records, Service Level compliance records, etc.
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e) Confirm the availability of system functionality that facilitate user scenario planning, budget projections, or other what-if assessments.
f) In your experience, which Management Reports are recommended to optimise fleet operational management and planning for each of the different services:
Full Maintenance Lease / Long term Services;
Short Term Rental services;
Medium Term Rental services;
Ad-hoc / Bus transport services;
Transport services (Point-to-point, Chauffeur)
10.34.22.14 VMS – Vehicle Management System
a) Provide a short overview of the proposed Vehicle Management System, including the following functionality:
b) Pre-emptive theft warning system, c) Real time Satellite tracking / vehicle positioning and movement
tracking 24/7/365, d) Driver verification and tracking, e) Driving conditions monitoring and real-time notifications (including
erratic driving behaviour, high speed driving, harsh breaking, fast cornering, long idling, etc.)
f) Accident warnings, g) Geo-fencing warnings, h) Trip-play back, i) Confirm the measures that will be taken to ensure the data on the
system is accurate, complete and up to date (e.g.fuelling, utilisation, distance travelled per month, and that the same data is reflected across all systems at the same time and as accurate as live information as possible).
j) Fuel / Toll payment facility. k) Provide a short overview of the proposed Fuel payment mechanism.
How can this system prevent or detect unauthorised fuelling / over-fuelling, fuelling of different vehicles or general fuel fraud?
Can this system identify patterns or flag suspicious transactions automatically, issue real-time warnings for over-fuelling, prevent multiple use, provide general exception management etc.?
Which management information reports can this system produce?
Will this system prevent users being required to make cash payment, for:
Long term fleet
Short term or Medium rentals
Courtesy / temporary replacement vehicles
Provide a short overview of the proposed traditional toll payment mechanism
Provide a short overview of the proposed e-toll payment mechanism
Provide a short overview of Management and issuing of unique fuel payment and toll payment facilities for
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short or medium term rentals or courtesy replacement vehicles
Provide a short overview of treatment of stolen or missing fuel payment or toll payment processes and system abilities
10.34.22.15 Call centre system
a) Provide a short overview of the proposed Call centre facility, including addressing but not limited to the following requirements:
Operating hours,
Call records and data management,
Assistance with service requests, b) Risk Transfer Acceptance and Risk mitigation approach c) Bidders are required to:
Complete ANNEXURE Risk Transfer Matrix
d) This table contains risks which are proposed to be transferred to the Bidding entity upon appointment. Bidders are required to do the following for each risk indicated:
Clear acceptance the risk by indicating YES or NO,
For each Risk NOT accepted, provide justification,
For each risk accepted, provide mitigation plans,
10.34.22.16 Bidders are required to provide an overview of the proposed Risk
Management Approach overall addressing the following:
a) Other key risks identified by bidders not listed in the Risk Transfer Matrix, and how they propose to mitigate these risks.
b) Provide a short overview of the insurance system (e.g. outsourced vs in-house vs …)
c) Provide a short overview of the risk management approach to manage / prevent:
Traffic fines,
Accidents,
Accident repairs,
Hijacks and theft,
Abuse and unauthorised / personal use,
Driver tracking and Detection of potentially undesirable driver behaviour, Confirmation of valid licenses, authorised drivers.
Prevention and detection of fraud,
Inability to provide replacement vehicles, rental vehicles as and when requested,
Ensuring user departments select the most appropriate vehicles for the planned application suitable for the terrain where it will be operationally deployed,
Ensuring that utilisation stays within reasonable limits on a per vehicle basis,
Ensuring that Billing is accurate and complete under all circumstances e.g. where the booked vehicle category is not available at collection time
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Ensuring short and medium term rental vehicles are returned / collected timeously from users to prevent unnecessary expenses resulting from retaining the vehicle longer than the planned / approved booking period,
Ring fencing of luxury vehicles on short or medium term rental contracts,
Lost or stolen keys,
Lost or stolen fuel card / toll payment facility
Immediate Issuing of unique fuel cards for temporary / courtesy replacement vehicles / short term vehicles
d) Confirm the overall Business Resilience/Continuity and disaster recovery Strategy
e) Confirm the overall Quality Control Strategy f) Proposed project delivery approach: g) The Bidder must propose a detailed, practically executable roll-out
project plan to cover all the requirements of the National Department of Transport. This plan must reference and discuss at least the following aspects:
Roll-out Plan Description
Organisational start-up and mobilization
Office space & furniture
IT backbone
Staffing
Supplier pre-selection and management
Contract management h) User department Needs assessment and confirmation to ensure
the most suitable vehicle is placed for each application/need i) Vehicle Order placement j) Vehicle Receipt and Inspection ensuring that snag-list items are
fixed before issue to client department k) Specification and Implementation of IT systems
Finance and billing
Fleet Management & Asset management
Management information system
Vehicle Management System
Other integration requirements l) Management of fittings and accessories process to:
Ensure value for money
Prevent disruption to client departments
m) This includes currently known requirements:
Fitting and testing of tracking and driver monitoring units
Issuing and allocating (unique to each vehicle) fuel payment mechanism,
Issuing and allocating (unique to each vehicle) toll payment mechanism covering both e-toll and traditional toll gates,
n) And unknown requirements:
Fittings (hydraulics, towbars, canopies etc)
Accessories
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Vehicle Modifications (e.g. cattle rails)
o) Coordination of current phase out/ phase in of new fleet process p) Availability of short term back-up fleet if vehicles are delayed from
factory q) On-going fleet management
Driver training
Utilisation management
Vehicle rotation
Fleet Optimisation
Ad-hoc assistance r) Pre-Selection of new vehicle replacement models as current
models are phased out to ensure vehicles are reliable, durable economical and present value of money
s) A proposed project roll-out plan further detailing the above (including
key milestones) must be attached in MS Project (preferred) or equivalent format.
General issues raised by the Bidder not yet covered elsewhere
The Target Group Response Document
The Target Group Response document shall at a minimum set out the following aspects:
10.34.22.17 Ability to fulfil the project’s empowerment and socio-economic
objectives
10.34.22.18 Duly completed Target Group Scorecard in format provided
10.34.22.19 Details informing how the empowerment will be achieved
10.34.22.20 Historical and current approach to social responsibility
10.34.22.21 Corporate Social Responsibility strategy for this project
10.34.22.22 The Financial Response Document
a) The NDOT AAND GTAC requires a fully transparent cost structure to be proposed covering all aspects of the setting up and managing the fleet portfolio.
b) Financial Strength
The Bidder must submit the most recent audited annual financial statements of the Bidding enterprise for the last 3 (three) financial years for each separate entity participating in this bid.
Failure to provide the financial statements requested herein shall result in zero scoring for the financial strength component of the bid.
Where the Bidding enterprise does not yet have its own audited annual financial
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statements, each of the bidding entity shareholders’s own 3 year period Annual Financial Statements will be accepted.
The bidders must submit the financial model that their rate card is based on. The financial model must clearly indicate the assumptions, cost, rate of return, interest rate and any other item that impact of the total costing.
c) The Financial Response Document shall at a minimum discuss the
following aspects:
Addressing the issues of Affordability and Value-for-Money at inception and over the term of the contract
Noting the fleet requirements, anticipated project costs and Bidder’s ability to raise debt and equity and to provide acceptable security to financiers (if applicable)
Anticipated / Projected Debt amortisation over the project life based on target 2 500 km utilisation
Contractually agreed % revenue split between Bidding entity members
Key commercial terms and conditions offered
All-inclusive pricing (ANNEXURE Rate Card) in Microsoft EXCEL 2013 or later version. Bidders must Bid for the two options in the Rate card being 5 and 8 years. One rate card for each of the different models (Long term, Short term, Medium term, other rentals and transport services). Please note that only submitting a hard-copy and omitting the soft-copy Excel version is not acceptable and may be considered as non-responsive.
Each individual Rate Card must be completed IN FULL. NDOT AAND GTAC reserves the right to consider incomplete or partially completed rate cards as non-responsive.
The rate card is a key component of the ensuing service agreement and therefore transparency in the basis of calculations is a principle contracting issue. Aspects such as mark-ups, profit margins etc. will need to be disclosed. Non transparency may be considered as non-responsiveness.
Detailed price break points (discounting)
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Detailed description of parameters that impact price and nature of impact
Suggestions on optimisation reward sharing mechanisms
Recommendations on: d) For vehicle types or models NOT in the current fleet: Future
introduction process for new models where a need for such a vehicle is identified and confirmed with user departments, where such a vehicle may not necessarily be on the RT-57 or equivalent contract as may be applicable at that time.
e) Mechanism to introduce and manage pricing for vehicle fittings, accessories and modifications not included in the cost of a vehicle (Per Rate Card – specifically not included in VEHICLE CAPITAL COST EXCL VAT, and to be included under '+ OTHER VEHICLE SPECIFIC COSTS PER MONTH) that will ensure the achievement of:
Transparency in costs,
Competitive procurement practices,
Affordability,
Value-for-Money,
Quality and Durability of items. f) Bidders are specifically advised to consult respectively with OEMS /
Fleet Experts on vehicle selection, as well as Vehicle Finance experts of their own choice to confirm optimal financial structuring, vehicle residuals and other salient features of their financial proposals. Inappropriate vehicle selection or finance structuring may result in unintended consequences in later years.
g) Bidders are specifically advised to seek and consult respectively with VAT experts of their own choice to confirm the correct and appropriate VAT treatment for each respective fleet type, type of transport service, and different component costs of aforementioned making up the total costs for that transport or vehicle type. Incorrect or inconsistent application and VAT treatment of pricing may unnecessarily inflate costs inadvertently and unnecessarily jeopardise bidder’s Financial scores achieved vs the scores of other bidders.
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10.35 Required Format of Responses
10.35.1 Bidders are requested to compile their Bid documentation in a clearly structured way
and in accordance with the headings and sections stipulated under clause 10.30.
10.35.2 All parts of the Bid are to be clearly headed, pages must be sequentially numbered and
a detailed table of contents is required for each file.
10.35.3 The Bids should follow a consistent numbering system (volumes, sections, headings,
paragraphs, sub-paragraphs, etc) that allows for easy cross-referencing, both within the
Bid and also in terms of clarification questions, etc.
10.35.4 The use of tables and summaries, where appropriate, is encouraged. Bidders are
reminded that the information provided will be used to evaluate Bidders as per the
evaluation process set out in paragraph 11 of this RFP
10.35.5 The onus is on Bidders to submit all relevant information. Bidders are nonetheless
requested to avoid unnecessary duplication / repetition of information, and not to submit
irrelevant information. The sections described below are guidelines for the required
content.
10.35.5.1 Bidders are advised not to omit any of the required documents listed in
this RFP or any of the questions or sections outlined below.
10.35.5.2 Bidders are further requested to follow the exact sequence and
descriptions of headers for contents, as indicated below.
10.35.5.3 Bidders are further requested to compile an index for each file, making use
of file dividers between sections.
10.35.5.4 All responses to Bid are to be received before 11H00am on the
Closing Date in the following format:
10.35.5.5 1 x complete Original/Master and 6 x complete hard copies covering the
sections as described in the” Information Required from Bidders” section
above.
10.35.6 The copies must be signed by an officer authorised to represent and bind the bidding
company.
10.35.7 The original must be marked “Original” and all others copies marked “COPY”.
10.35.8 1 x electronic copy on CD. Clearly labelled and Indexed; in Microsoft Word / Microsoft
Excel / Microsoft Project format.
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10.35.9 The bidders must submit the financial model that their rate card is based on. The
financial model must clearly indicate the assumptions, cost, rate of return, interest rate
and any other item that impact of the total costing.
10.35.10 The rate card calculations must be included in an Excel spread sheet that is clearly
structured to enable one to follow and test individual calculations. A signed PDF copy
of the Rate card may be printed for inclusion in the file. It should be noted that it is not
permissible to only submit a hardcopy without an EXCEL version on CD.
10.35.10.1 No Bid responses via e-mail will be accepted under any circumstances.
10.35.10.2 The Bids must be delivered in clearly marked boxes as follows:
Bidder Name:
Bid Number:
Submission Date:
Submission Time:
NDoT Fleet Project
Bid number
10.35.11 The Technical, Financial and Target Group Responses must be clearly marked
respectively and sealed in separate envelopes/boxes as per category.
10.35.12 All responses must be submitted and hand delivered before the stipulated Bid
close-off date and time to the GTAC Tender Box at the following address:
o National Treasury GTAC, 24th Floor, Reception Area
o 240 Madiba Street,
o National Treasury Building,
o Pretoria. 0001
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10.36 Engagement/Presentation
10.36.1 Bidders may be required to engage with to NDoT and GTAC to clarify certain aspects
of the Response and/or to demonstrate the Bidder’s competence.
10.36.2 NDoT and GTAC reserves the right to contact exiting clients provided as references.
10.37 Negotiations
Short listed as well as Preferred Bidders will be required to have available their relevant
negotiating teams from 7:30 am to 7:30 pm for the duration of any negotiations. NDoT
and GTAC wishes to minimise the duration of negotiations.
10.38 Data Room
No data room will be in place unless a specific need for such a facility is identified by
NDoT and GTAC. All Bidders will be informed of the exact location and opening hours
of such a facility if established.
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11 THE EVALUATION PROCESS
11.1 Introduction
11.1.1 The procurement process for the project does not strictly conform to all the stages
recommended in the PPP Guidelines; for example, the PPP Guidelines recommend a
RFQ pre-qualification process, whereas this RFP will combine both the RFQ and RFP
processes. Nevertheless, for all intents and purposes, the overall PPP principles and
guidelines have been adopted and will be adhered to, as outlined in this section.
11.1.2 The evaluation will be based on the information contained in responses to the RFP
which may be further supplemented by presentations and clarification information
provided by Bidders at the request of NDoT and GTAC as well as other information
gathered through enquiries by NDoT and GTAC.
11.1.3 The Bid will be adjudicated and awarded in accordance with the Regulations to the
PFMA, PPPFA and the NDoT procurement policy.
11.1.4 Evaluations will be based on evaluation criteria set out below, which criteria will not be
altered after responses to the RFP have been opened unless it is clear that alterations
will not prejudice any Bidder.
11.2 Overall Evaluation Process and Criteria
11.2.1 The following table depicts the overall evaluation criteria for these RFP:
Evaluation criteria Weighting Status
Compliance Assessment Compliance Compliance
Technical Threshold of
70%
Threshold of 70%
BBBEE 10 Scoring
Price 90 Scoring
TOTAL 100 Scoring
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11.2.2 Stage 1: – Pre-Qualification Process: Minimum Conditions
11.2.2.1.1 NDoT and GTAC will conduct a pre-qualification process of bids
received to verify that all the following minimum conditions and
requirements have been adhered to. Failure to conform may, in the
sole and absolute discretion of NDoT and GTAC, result in responses
being disqualified. Bidders must note that by submitting a Bid they also
give the right to GTAC and NDoT and GTAC to verify the correctness
of information submitted and do security checks on Bidders.
11.2.2.1.2 That the following documentation has been provided:
11.2.2.1.3 SPV shareholders agreement/ Consortium Agreement/ JV agreement
(as may be applicable);
11.2.2.1.4 Marked-up version of the draft PPP Agreement. The draft PPP
agreement has been attached to this RFP. Bidders must review the
agreement in its entirety and where applicable indicate, by marking up
on the document any suggested changes, with substantiating reasons.
The marked up Draft PPP agreement must be attached to the RFP
response.
11.2.2.1.5 Marked-up copy of the Draft SLA. The draft Service Level Agreement
has been attached to this RFP. Bidders must review the draft Service
Level Agreement in its entirety and where applicable indicate, by
marking up on the document any suggested changes, with
substantiating reasons. The marked up Service Specifications must be
attached to the RFP response.
11.2.2.1.6 Marked-up copy of the Draft Penalty regime. The draft Penalty Regime
has been attached to the SLA. Bidders must review the draft Penalty
Regime in its entirety and where applicable indicate, by marking up on
the document any suggested changes, with substantiating reasons.
The marked up Penalty Regime must be attached to the RFP
response.
11.2.2.1.7 The draft Target Group Response has been attached to this RFP.
Bidders must review the draft Target Group Response in its entirety
and complete the self-assessment in the empowerment matrix as well
as provide all the requested supporting documents. Further, the
bidders will be required to mark up the document with any suggested
changes, with substantiating reasons. The marked up Target Group
Response must be attached to the RFP response.
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11.2.2.1.8 Other minimum Compliance requirements:
a. Valid Tax Clearance certificate(s) or SARS reference, b. Valid BEE certificate, c. Bidder Identity – Company / Trust / CC registration
documents, d. Duly authorised Board resolution to respond to this bid, e. Bid Bond, f. Financial statements
11.2.2.1.9 That the following documentation has been completed in full, in
accordance with stipulated terms and conditions:
a. Cover Letter with Bidder Identity b. Executive summary c. Bidder Qualifications and Capacity d. Technical Response Documents e. Target Group Response Document f. Financial Response Documents and Rate Card g. The responses to the RFP and all the supporting
documents supplied therewith must be in English.
11.2.3 Stage 2: – Evaluation Process – Selection of Short-listed Bidders
11.2.3.1.1 All pre-qualified bids will then be evaluated in accordance with the
Evaluation Matrix. Attached is the copy of the Evaluation Matrix
marked “A”.
11.2.3.1.2 Bidders must achieve at least 70% within the technical evaluation.
Bidders who do not achieve the 70% threshold on technical evaluation
will be automatically disqualified.
11.2.3.1.3 The Evaluation Matrix will generally be scored on the basis of a points
system. A relative scale of e.g. 0 to 5 will be used as illustrated in the
table below:
o SCORING
o Poor o 0 – 1
o Medium o 2
o Good o 3
o Very
good
o 4
o Excellent o 5
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11.2.3.1.4 A shortlist of Bidders that meet the minimum the threshold will then be
selected for the next stage of the procurement process.
11.2.3.1.5 As part of the of the evaluation of pre-qualified bidders, the NDoT and
GTAC and GTAC will undertake site visits to the business premises or
operations premises of the pre-qualified to evaluate the capability and
capacity to carry out the Services as required in these RFP.
11.2.3.1.6 Further a detailed due diligence process will form part of the
Empowerment evaluation process. All supporting documentation
provided will be vetted.
11.2.3.1.7 Each pre-qualified bidders will demonstrate its proposed Information
Technology System and Call Centre to NDOT and GTAC.
11.3 Evaluation Criteria
11.3.1 The RFP Bid Evaluation criteria is set out on the attached Evaluation Matrix. The
Evaluation Criteria fit within broad categories. Within each category listed in the
Evaluation Matrix, the different aspects of the Bid will be allocated a score. The
Evaluation Matrix is provided to assist Bidders to improve the quality and robustness of
their Bid.
11.3.2 The NDOT and GTAC reserves the right to modify the Evaluation Matrix by amending
or adding to them, and any such amendments or additions will be notified to the Bidder,
in writing via a Briefing Note before the closing date of Bid submission.
11.3.3 Bid submissions which passed the pre-qualification stage will be evaluated on the
attached Evaluation Matrix marked “A”.
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11.4 Pricing Evaluation:
11.4.1 Only Bidders who have achieved the 70% threshold for Technical evaluation will be
evaluated for the Price component.
11.4.2 The price component is 90 points and the B-BBEE is 10 points as per the PPPFA
requirement.
11.4.3 Pricing will be separately evaluated for each of the following categories and Bidders are
required to complete a separate Rate Card template for each category:
a. Full Maintenance Lease / Long term Services; b. LShort Term Rental services; c. Medium Term Rental services; d. Transport services - Point-to-point e. Transport Service – Chauffeur
FINANCIAL 90
- FINANCIAL STRENGTH Bidders relative Financial Strength, stability and growth based on Annual Financial Statements
5%
- PRICING PROPOSAL BASED ON APPLICABLE RATE CARD
The Bidder’s proposed fully transparent price proposal covering all requirements in accordance with Bidder’s technical proposal. Refer to Excel Rate Card template
- Long Term FML Fleet rates (Rate Card A)
50% 24% 5% 2% 2% 2%
- Short Term Fleet rates 1-30 Days (Rate Card B)
- Medium Term FML Fleet rates 30 days - 12 months (Rate Card C)
- Bus Rental rates (Rate Card D)
- Transport rates - Chauffeur Drive Rates (Rate Card E)
- Transport rates - Point-2-Point Rates (Rate Card E)
TOTAL 100%
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11.4.4 Each individual Rate Card must be completed in full. NDOT and GTAC reserves the
right to consider incomplete or partially completed rate cards as non-responsive.
11.4.5 Bidders are specifically advised to consult respectively with OEMS / Fleet Experts on
vehicle selection, as well as Vehicle Finance experts of their own choice to confirm
optimal financial structuring, vehicle residuals and other salient features of their financial
proposals. Inappropriate vehicle selection or finance structuring may result in
unintended consequences in later years.
11.4.6 Bidders are specifically advised to seek and consult respectively with VAT experts of
their own choice to confirm the correct and appropriate VAT treatment for each
respective fleet type, type of transport service, and different component costs of
aforementioned making up the total costs for that transport or vehicle type. Incorrect or
inconsistent application and VAT treatment of pricing may unnecessarily inflate costs
inadvertently and unnecessarily jeopardise bidder’s Financial scores achieved vs the
scores of other bidders.
11.4.7 In terms of regulation 5 of the Preferential Procurement Regulations pertaining to the
Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000), responsive
bids will be adjudicated by the State on the 90/10-preference point for Broad–Based
Black Economic Empowerment in terms of which points are awarded to bidders on
the basis of:
- The bidded price (maximum 90 points)
- Broad-based Black Economic Empowerment as well as specific goals
(maximum 10 points)
b. The evaluation for price will be used to calculate the points for price based on the
following formula in respect of bidders:
Ps = 90
Where
Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid
min
min1
P
PPt
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11.4.7 Bidders are required to complete the Financial Response template (Rate Card) by
providing the model / formula that leads to an all-inclusive monthly price for Vehicle
operations as per Bid requirements for each vehicle category.
11.4.8 The pricing comparison will review pricing on an individual as well as an overall cost
basis, and will be based on the Bidder’s Excel Rate Card pricing model / formula.
11.4.9 The vehicle quantities provided in the Bid document are to be used for such aspects
such as volume discounting and determining infrastructure requirements.
11.5 B-BBEE Evaluation:
11.5.1 The B-BBEE component of evaluation is 10 points of the evaluation criteria. Bidders will
be awarded the following points based on the level of their B-BBEE as per their BBBEE
Certificate issued in compliance of the Broad Based Black Economic Empowerment
Act.
BBBEE Status Level of Contributor Number of Points
1 10
2 9
3 8
4 5
5 4
6 3
7 2
8 1
Non-complaint contributor 0
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11.6 Final Score
The points from the pricing and B-BBEE will be added to calculate the final total points
for the Bid. The Bidder(s) with the highest overall point score would be selected as the
Preferred Bidder to enter into negotiations with NDoT and GTAC.
11.7 Best and Final Offer
11.7.1 DoT reserves also the right to embark on the Best and Final Offer Process where:
11.7.1.1 None of the proposals meet the RFP requirements;
11.7.1.2 None of the responses to RFP are affordable and demonstrate value for
money; and
11.7.1.3 There is no clear preferred response to this RFP.
a. Upon the decision by DoT to embark on a BAFO process it shall notify the shortlisted Bidders.
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11.7.2 Stage 3: – Negotiations with Short-listed Bidders
11.7.2.1.1 If there is no clear preferred bidder, the NDoT and GTAC will then
enter into a negotiation and presentation phase with the shortlisted
Bidders, with the objective of clarifying any issues between the
Bidders, conducting detailed direct testing with the Bidders and NDoT
and GTAC attempting to secure more favourable and competitive
terms and conditions for all the aspects of the services to be procured.
11.7.2.1.2 Further evaluations will then be conducted on these refined bids, using
the same Evaluation Criteria as indicated below.
11.7.2.1.3 This process will be conducted in a formal manner in an attempt to
secure more competitive bids.
11.7.3 Stage 4: – Selection and Contract Negotiations with the Preferred Bidder
11.7.3.1.1 The Preferred Bidder will then be selected from the list of Short-listed
Bidders.
11.7.3.1.2 NDoT and the Preferred Bidder will then enter into PPP contract and
service negotiations to finalise all aspects of the project, with the view
to signing off the PPP Agreement.
11.7.3.1.3 Bidders are expected to provide experienced and committed experts
to assist with all aspects of this negotiation phase.
11.7.4 Communication
The communication process for the procurement phase of this project will be
formalised and conveyed at the Briefing Session, to be held on the 15
November 2018.
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12 Cost Recovery
12.1 The GTAC together with NDoT have incurred cost for the Transaction Advisor and the
Bid Evaluation of this RFP which cost amount to R1 200 000,00 (One Million Two
Hundred Thousand) excluding VAT.
12.2 The Service Provider to be appointed for these RFP shall be responsible to pay the
cost indicated in clause 12.1 to the GTAC within 6 months of appointment as the
Service Provider.
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13 GLOSSARY – GENERAL AND TARGET GROUP DEFINITIONS
13.1 Introduction and Interpretation
13.1.1.1.1 In this RFP, unless inconsistent with or otherwise indicated by the
context:
13.1.1.1.1.1 Headings have been inserted for convenience only and should not
be taken into account in interpreting the RFP;
13.1.1.1.1.2 Any reference to one gender shall include the other genders;
13.1.1.1.1.3 Words in the singular shall include the plural and vice versa;
13.1.1.1.1.4 Any reference to natural persons shall include legal persons and
vice versa;
13.1.1.1.1.5 Words defined in a specific clause have the same meaning in all
other clauses of the RFP, unless the contrary is specifically
indicated;
13.1.1.1.1.6 Any reference to the RFP, schedule or appendix, shall be
construed as including a reference to any RFP, schedule or
appendix amending or substituting that RFP, schedule or
appendix;
13.1.1.1.1.7 The schedules, appendices and RFP Briefing Notes issued
pursuant to this RFP, form an indivisible part of the RFP and
together with further clarifying and amending information provided
by NDoT, constitute the body of RFP documentation which must
be complied with by Bidders;
13.1.1.1.1.8 In the event of any inconsistency between this RFP and other
earlier information published with regard to the Project, the
information in this RFP shall prevail; and
13.1.1.1.1.9 This RFP shall be governed by and applied in accordance with
South African law.
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APPENDIX A –EVALUATION MATRIX
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APPENDIX B - PENALTY SCHEDULE
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APPENDIX C – RSK ACCEPTANCE
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APPENDIX D –TARGET GROUP RESPONSE
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APPENDIX E –SERVICE LEVEL AGREEMENT
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APPENDIX F –CONCESSION AGREEMENT
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APPENDIX G – RATE CARD
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APPENDIX H: TARGET GROUP RESPONSE
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TCC 001 TAX CLEARANCE
Application for a Tax Clearance Certificate
Name/Legal name(Initials & Surname or registered name)
Surname
Particulars of applicant
Purpose
Particulars of representative (Public Officer/Trustee/Partner)
Trading name (if applicable)
First names
VAT registration no
Customs code
Income Tax ref no
Income Tax ref no
PAYE ref no
SDL ref no
UIF ref no
Page 1 of 2
ID/Passport no
ID/Passport no
Company/Close Corp. registered no
4
7
L
U
Telephone no
Telephone no
Physical address
Physical address
Postal address
E-mail address
E-mail address
Fax no
Fax no
C O D E
C O D E
N U M B E R
N U M B E R
C O D E
C O D E
N U M B E R
N U M B E R
If “Good standing”, please state the purpose of this application
Select the applicable option Tenders Good standing
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Page 2 of 2
Particulars of the 3 largest contracts previously awarded
Particulars of tender (If applicable)
Audit
Date started
I the undersigned confirm that I require a Tax Clearance Certificate in respect of Tenders or Goodstanding.
I hereby authorise and instruct to apply to and receive from SARS the applicable Tax Clearance Certificate on my/our behalf.
Appointment of representative/agent (Power of Attorney)
Date finalised Principal Contact person Telephone number Amount
Name of representative/ agent
Name of applicant/ Public Officer
Signature of representative/agent
Signature of applicant/Public Officer
Date
Date
Expected duration of the tender
Estimated Tender amount
Are you currently aware of any Audit investigation against you/the company?If “YES” provide details
Tender number
R ,
year(s)
C C Y Y
C C Y Y
M M
M M
D D
D D
YES NO
Notes:
1. It is a serious offence to make a false declaration.
2. Section 75 of the Income Tax Act, 1962, states: Any person who
(a) fails or neglects to furnish, file or submit any return or document as and when required by or under this Act; or
(b) without just cause shown by him, refuses or neglects to-
(i) furnish, produce or make available any information, documents or things;
(ii) reply to or answer truly and fully, any questions put to him ...
As and when required in terms of this Act ... shall be guilty of an offence ...
3. SARS will, under no circumstances, issue a Tax Clearance Certificate unless this form is completed in full.
4. Your Tax Clearance Certificate will only be issued on presentation of your South African Identity Document or Passport (Foreigners only) as applicable.
Declaration
I declare that the information furnished in this application as well as any supporting documents is true and correct in every respect.
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SBD 2
TAX CLEARANCE CERTIFICATE REQUIREMENTS
It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 1 In order to meet this requirement bidders are required to complete in full the attached form TCC 001
“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids.
2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year
from the date of approval. 3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original
and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.
4 In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate
Tax Clearance Certificate. 5 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch
office nationally or on the website www.sars.gov.za. 6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,
taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za. Jeyrel:\Mdk416-SBD2 tax clearance
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SBD 5
This document must be signed and submitted together with your bid
THE NATIONAL INDUSTRIAL PARTICIPATION PROGRAMME INTRODUCTION The National Industrial Participation (NIP) Programme, which is applicable to all government procurement contracts that have an imported content, became effective on the 1 September 1996. The NIP policy and guidelines were fully endorsed by Cabinet on 30 April 1997. In terms of the Cabinet decision, all state and parastatal purchases / lease contracts (for goods, works and services) entered into after this date, are subject to the NIP requirements. NIP is obligatory and therefore must be complied with. The Industrial Participation Secretariat (IPS) of the Department of Trade and Industry (DTI) is charged with the responsibility of administering the programme. 1 PILLARS OF THE PROGRAMME 1.1 The NIP obligation is benchmarked on the imported content of the contract. Any
contract having an imported content equal to or exceeding US$ 10 million or other currency equivalent to US$ 10 million will have a NIP obligation. This threshold of US$ 10 million can be reached as follows:
(a) Any single contract with imported content exceeding US$10 million.
or (b) Multiple contracts for the same goods, works or services each with imported
content exceeding US$3 million awarded to one seller over a 2 year period which in total exceeds US$10 million.
or (c) A contract with a renewable option clause, where should the option be
exercised the total value of the imported content will exceed US$10 million. or
(d) Multiple suppliers of the same goods, works or services under the same contract, where the value of the imported content of each allocation is equal to or exceeds US$ 3 million worth of goods, works or services to the same government institution, which in total over a two (2) year period exceeds US$10 million.
1.2 The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1 (a) to 1.1 (c)
above will amount to 30 % of the imported content whilst suppliers in respect of paragraph 1.1 (d) shall incur 30% of the total NIP obligation on a pro-rata basis.
1.3 To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as
investments, joint ventures, sub-contracting, licensee production, export promotion, sourcing arrangements and research and development (R&D) with partners or suppliers.
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1.4 A period of seven years has been identified as the time frame within which to
discharge the obligation.
2 REQUIREMENTS OF THE DEPARTMENT OF TRADE AND INDUSTRY
2.1 In order to ensure effective implementation of the programme, successful bidders (contractors) are required to, immediately after the award of a contract that is in excess of R10 million (ten million Rands), submit details of such a contract to the DTI for reporting purposes.
2.2 The purpose for reporting details of contracts in excess of the amount of R10
million (ten million Rands) is to cater for multiple contracts for the same goods, works or services; renewable contracts and multiple suppliers for the same goods, works or services under the same contract as provided for in paragraphs 1.1.(b) to 1.1. (d) above.
3 BID SUBMISSION AND CONTRACT REPORTING REQUIREMENTS OF
BIDDERS AND SUCCESSFUL BIDDERS (CONTRACTORS)
3.1 Bidders are required to sign and submit this Standard Bidding Document (SBD 5) together with the bid on the closing date and time.
3.2 In order to accommodate multiple contracts for the same goods, works or
services; renewable contracts and multiple suppliers for the same goods, works or services under the same contract as indicated in sub-paragraphs 1.1 (b) to 1.1 (d) above and to enable the DTI in determining the NIP obligation, successful bidders (contractors) are required, immediately after being officially notified about any successful bid with a value in excess of R10 million (ten million Rands), to contact and furnish the DTI with the following information:
• Bid / contract number. • Description of the goods, works or services. • Date on which the contract was accepted. • Name, address and contact details of the government institution. • Value of the contract. • Imported content of the contract, if possible.
3.3 The information required in paragraph 3.2 above must be sent to the Department
of Trade and Industry, Private Bag X 84, Pretoria, 0001 for the attention of Mr Elias Malapane within five (5) working days after award of the contract. Mr Malapane may be contacted on telephone (012) 394 1401, facsimile (012) 394 2401 or e-mail at [email protected] for further details about the programme.
4 PROCESS TO SATISFY THE NIP OBLIGATION
4.1 Once the successful bidder (contractor) has made contact with and furnished the
DTI with the information required, the following steps will be followed:
a. the contractor and the DTI will determine the NIP obligation; b. the contractor and the DTI will sign the NIP obligation agreement;
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c. the contractor will submit a performance guarantee to the DTI; d. the contractor will submit a business concept for consideration and approval by
the DTI; e. upon approval of the business concept by the DTI, the contractor will submit
detailed business plans outlining the business concepts; f. the contractor will implement the business plans; and g. the contractor will submit bi-annual progress reports on approved plans to the
DTI.
4.2 The NIP obligation agreement is between the DTI and the successful bidder (contractor) and, therefore, does not involve the purchasing institution.
Bid number ………………………………….. Closing date:……………………………… Name of bidder…………………………………………………………………………………… Postal address …………………………………………………………………………………… …………………………………………………………………………………… Signature…………………………………….. Name (in print)…………………………….. Date…………………………………………..
Js475wc
147
SBD 6.1
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017
This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).
1.2
a) The value of this bid is estimated to exceed R50 000 000 (all applicable taxes included) and therefore the 90/10 preference point system shall be applicable; or
b) 90/10 preference point system will be applicable to this tender.
1.3 Points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 90
B-BBEE STATUS LEVEL OF CONTRIBUTOR 10
Total points for Price and B-BBEE must not exceed
100
1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section
1 of the Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms
of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an
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Page 2 of 5
2
invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on
black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
(f) “functionality” means the ability of a tenderer to provide goods or services in
accordance with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good
practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
(j) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
3. POINTS AWARDED FOR PRICE
3.1 THE 90/10 PREFERENCE POINT SYSTEMS
A maximum of 90 points is allocated for price on the following basis: 90/10
min
min190
P
PPtPs
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:
B-BBEE Status Level of Contributor
Number of points
(90/10 system)
1 10
2 9
3 6
4 5
5 4
6 3
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Page 3 of 5
3
7 2
8 1
Non-compliant contributor 0
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1
6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 10 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO
7.1.1 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 or QSE
(Tick applicable box)
YES NO
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017:
Designated Group: An EME or QSE which is at last 51% owned by:
EME √
QSE √
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE
8. DECLARATION WITH REGARD TO COMPANY/FIRM
8.1 Name of
company/firm:…………………………………………………………………………….
8.2 VAT registration
number:……………………………………….…………………………………
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Page 4 of 5
4
8.3 Company registration
number:…………….……………………….…………………………….
8.4 TYPE OF COMPANY/ FIRM
Partnership/Joint Venture / Consortium
One person business/sole propriety
Close corporation
Company
(Pty) Limited [TICK APPLICABLE BOX]
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……..
8.6 COMPANY CLASSIFICATION
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]
8.7 Total number of years the company/firm has been in business:……………………………
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the
company/firm, certify that the points claimed, based on the B-BBE status level of
contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the
company/ firm for the preference(s) shown and I / we acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;
(d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from
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5
obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other
side) rule has been applied; and
(e) forward the matter for criminal prosecution.
………………………………………. SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
ADDRESS …………………………………..
…………………………………..
…………………………………..
WITNESSES 1. ……………………………………..
2. …………………………………….
152
SBD 7.1
CONTRACT FORM - PURCHASE OF GOODS/WORKS
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE
PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL
BIDDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS
FOR THEIR RESPECTIVE RECORDS.
PART 1 (TO BE FILLED IN BY THE BIDDER)
1. I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to
(name of institution)………..…………………………. in accordance with the requirements and specifications
stipulated in bid number………..……….. at the price/s quoted. My offer/s remain binding upon me and open for
acceptance by the purchaser during the validity period indicated and calculated from the closing time of bid.
2. The following documents shall be deemed to form and be read and construed as part of this agreement:
(i) Bidding documents, viz
- Invitation to bid;
- Tax clearance certificate; - Pricing schedule(s);
- Technical Specification(s);
- Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution
in terms of the Preferential Procurement Regulations 2011;
- Declaration of interest;
- Declaration of bidder’s past SCM practices;
- Certificate of Independent Bid Determination
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding documents; that the price(s) and rate(s) cover all
my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own
risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on
me under this agreement as the principal liable for the due fulfillment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this
or any other bid.
6. I confirm that I am duly authorised to sign this contract.
NAME (PRINT) ………………………………………….
CAPACITY ………………………………………….
SIGNATURE ………………………………………….
NAME OF FIRM ………………………………………….
DATE …………………………………………..
WITNESSES
1 …….……………
2. ……………………
DATE: …………………….
153
2
SBD 7.1
CONTRACT FORM - PURCHASE OF GOODS/WORKS
PART 2 (TO BE FILLED IN BY THE PURCHASER)
1. I……………………………………………. in my capacity as…………………………………………………...…..
accept your bid under reference number ………………dated………………………for the supply of goods/works
indicated hereunder and/or further specified in the annexure(s).
2. An official order indicating delivery instructions is forthcoming.
3. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the
contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note.
ITEM
NO.
PRICE (ALL
APPLICABLE
TAXES
INCLUDED)
BRAND
DELIVERY
PERIOD
B-BBEE STATUS
LEVEL OF
CONTRIBUTION
MINIMUM
THRESHOLD
FOR LOCAL
PRODUCTION
AND
CONTENT (if
applicable)
4. I confirm that I am duly authorised to sign this contract.
SIGNED AT ………………………………………ON………………………………..
NAME (PRINT) …………………………………….
SIGNATURE …………………………………….
OFFICIAL STAMP WITNESSES
1. ……………………….
2. ……………………….
DATE ……………………….
154
SBD 7.2
CONTRACT FORM - RENDERING OF SERVICES
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND THE
PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SERVICE
PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS
FOR THEIR RESPECTIVE RECORDS.
PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)
1. I hereby undertake to render services described in the attached bidding documents to (name of the institution)……………………………………. in accordance with the requirements and task directives / proposals
specifications stipulated in Bid Number………….……….. at the price/s quoted. My offer/s remain binding upon
me and open for acceptance by the Purchaser during the validity period indicated and calculated from the closing
date of the bid .
2. The following documents shall be deemed to form and be read and construed as part of this agreement:
(i) Bidding documents, viz
- Invitation to bid;
- Tax clearance certificate;
- Pricing schedule(s); - Filled in task directive/proposal;
- Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution
in terms of the Preferential Procurement Regulations 2011;
- Declaration of interest;
- Declaration of bidder’s past SCM practices;
- Certificate of Independent Bid Determination;
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s)
quoted cover all the services specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on
me under this agreement as the principal liable for the due fulfillment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this
or any other bid.
6. I confirm that I am duly authorised to sign this contract.
NAME (PRINT) …………………………….
CAPACITY …………………………….
SIGNATURE …………………………….
NAME OF FIRM …………………………….
DATE …………………………….
WITNESSES
1 …….…………………………….
2 ……….………………………….
DATE: ……………………………..
155
2
SBD 7.2
CONTRACT FORM - RENDERING OF SERVICES
PART 2 (TO BE FILLED IN BY THE PURCHASER)
1. I……………………………………………. in my capacity as……………………...………………………………..
accept your bid under reference number ………………dated………………………for the rendering of services indicated hereunder and/or further specified in the annexure(s).
2. An official order indicating service delivery instructions is forthcoming.
3. I undertake to make payment for the services rendered in accordance with the terms and conditions of the contract,
within 30 (thirty) days after receipt of an invoice.
DESCRIPTION OF
SERVICE
PRICE (ALL
APPLICABLE
TAXES
INCLUDED)
COMPLETION
DATE
B-BBEE STATUS
LEVEL OF
CONTRIBUTION
MINIMUM
THRESHOLD
FOR LOCAL
PRODUCTION
AND CONTENT
(if applicable)
4. I confirm that I am duly authorised to sign this contract.
SIGNED AT ………………………………………ON………………………………..
NAME (PRINT) ………………………………………….
SIGNATURE …………………………………………
OFFICIAL STAMP WITNESSES
1 ….…………………………….
2 …..…………………………….
DATE: ……………………………..
156
SBD 7.3
CONTRACT FORM - SALE OF GOODS/WORKS
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE
SELLER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL
BIDDER AND THE SELLER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR
THEIR RESPECTIVE RECORDS.
PART 1 (TO BE FILLED IN BY THE BIDDER)
1. I hereby undertake to purchase all or any of the goods and/or works described in the attached bidding documents
from (name of institution)……..…..…………………………. in accordance with the requirements stipulated in
(bid number)………..……….. at the price/s quoted. My offer/s remain binding upon me and open for acceptance
by the seller during the validity period indicated and calculated from the closing time of bid.
2. The following documents shall be deemed to form and be read and construed as part of this agreement:
(i) Bidding documents, viz
- Invitation to bid;
- Tax clearance certificate; - Pricing schedule(s);
- Declaration of interest;
- Declaration of bidder’s past SCM practices;
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) quoted cover all
the goods and/or works specified in the bidding documents; that the price(s) cover all my obligations and I accept
that any mistakes regarding price(s) and calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on
me under this agreement as the principal liable for the due fulfillment of this contract.
5. I undertake to make payment for the goods/works as specified in the bidding documents.
6. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this
or any other bid.
7. I confirm that I am duly authorised to sign this contract.
NAME (PRINT) ………………………………………….
CAPACITY ………………………………………….
SIGNATURE ………………………………………….
NAME OF FIRM ………………………………………….
DATE ………………………………………….
WITNESSES
1 …….…………….…….
2. ………………………..
DATE: ………………………..
157
2
SBD 7.3
CONTRACT FORM - SALE OF GOODS/WORKS
PART 2 (TO BE FILLED IN BY THE SELLER)
1. I……………………………………………. in my capacity as…………………………………………………...…..
accept your bid under reference number ………………dated………………………for the purchase of
goods/works indicated hereunder and/or further specified in the annexure(s).
2. I undertake to make the goods/works available in accordance with the terms and conditions of the contract.
ITEM
NO. DESCRIPTION
PRICE (ALL
APPLICABLE TAXES
INCLUDED)
4. I confirm that I am duly authorised to sign this contract.
SIGNED AT ………………………………………ON………………………………..
NAME (PRINT) …………………………………….
SIGNATURE …………………………………….
OFFICIAL STAMP WITNESSES
1. ……………………….
2. ……………………….
DATE ……………………….
158
SBD 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT
PRACTICES
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 of Restricted Suppliers as companies or persons prohibited from doing business with the
public sector?
(Companies or persons who are listed on this Database were informed in writing
of this restriction by the Accounting Officer/Authority of the institution that
imposed the restriction after the audi alteram partem rule was applied).
The Database of Restricted Suppliers now resides on the National Treasury’s
website(www.treasury.gov.za) and can be accessed by clicking on its link at the
bottom of the home page.
Yes
No
4.1.1 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)?
The Register for Tender Defaulters can be accessed on the National Treasury’s
website (www.treasury.gov.za) by clicking on its link at the bottom of the home
page.
Yes
No
4.2.1 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:
159
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:
SBD 8
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 Js365bW
160
1
SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of
firms, if it is between parties in a horizontal relationship and if it involves collusive
bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot
be justified under any grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:
a. disregard the bid of any bidder if that bidder, or any of its directors have abused
the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.
b. cancel a contract awarded to a supplier of goods and services if the supplier
committed any corrupt or fraudulent act during the bidding process or the execution of that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions to
ensure that, when bids are considered, reasonable steps are taken to prevent any form
of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)
must be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire t o raise prices or
lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid
rigging is, therefore, an agreement between competitors not to compete.
161
2
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
________________________________________________________________________
(Bid Number and Description)
in response to the invitation for the bid made by:
______________________________________________________________________________
(Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of:_______________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not
to be true and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying
bid, on behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by
the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the
word “competitor” shall include any individual or organization, other than the bidder,
whether or not affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on
their qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same
line of business as the bidder
162
3
SBD 9
6. The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium³ will not be construed
as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
(a) prices;
(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.
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.
163
4
SBD 9
10. I am aware that, in addition and without prejudice to any other remedy provided to
combat any restrictive practices related to bids and contracts, bids that are suspicious
will be reported to the Competition Commission for investigation and possible imposition
of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998
and or may be reported to the National Prosecuting Authority (NPA) for criminal
investigation and or may be restricted from conducting business with the public sector
for a period not exceeding ten (10) years in terms of the Prevention and Combating of
Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
………………………………………………… …………………………………
Signature Date
…………………………………………………. …………………………………
Position Name of Bidder
Js914w 2
164
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