3 April 2017 CALL FOR QUOTATION - umda.org.za 2017/Law special … · 3 April 2017 5 | P a g e...
Transcript of 3 April 2017 CALL FOR QUOTATION - umda.org.za 2017/Law special … · 3 April 2017 5 | P a g e...
3 April 2017
1 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,
Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli
CALL FOR QUOTATION
Appointment of a competent Law firm for legal expertise
UMDAQ08/2016/17
Appointment of a competent Law firm for legal expertise
1. BACKGROUND
1.1 Umhlosinga Development Agency (PTY) Ltd (“UMDA”) was incorporated and registered in
the year 2004 under the old Companies Act 61 of 1973. It was registered as a private
company, to act as an agent for and on behalf of uMkhanyakude District Municipality for
purposes of implementing economic, social and environmental policies and projects and
accordingly it is defined as a Municipal Entity in terms of Municipal systems amendment
act, 2004
1.2 The old Companies Act did not provide for the registration of entities as state-owned and
as such, companies registered prior to the coming into operation of Act 71 of 2008 had to
be incorporated as private companies, with the parent municipality having ownership of all
their issued shares.
1.3 Upon the coming into operation of the new Companies Act, section 11 (3) (c) of the Act
provided that the Agency’s name was to contain the expression “SOC Ltd” at the end.
However, owing to the fact that UMDA was registered prior to 2008, Schedule 5, Part 4 (c)
of the Act provides that UMDA is deemed to have changed its name and is thus compliant
with section 11 (3) (c) of Act 71 of 2008.
1.4 It is important to mention that as a state-owned company, in the execution of our duties, we
ought to pay due regard to the applicable law, particularly the Municipal Systems Act, the
3 April 2017
2 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,
Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli
Municipal Finance Management Act and the Companies Act and it is thus important to
appoint a competent law firm which will deal with all legal matters relating to Umhlosinga
Development Agency.
2. SPECIFIC OBJECTIVE
The objective is to secure appointment of a suitable service provider; a firm of attorneys with
the requisite experience in corporate law and/ or state-owned entities in order to provide legal
services to UMDA where required.
3. SCOPE OF SERVICES
The scope of work includes, but is not limited to the following:
o Providing legal advice on any matters referred to it by UMDA.
o Providing legal representation on behalf of UMDA in court where necessary.
4. COMPETENCY AND EXPERTISE
o The firm should be duly registered and qualified.
o The firm should have the requisite experience in dealing with corporate matters and/ or
state-owned entities.
5. FEES, TRAVEL, DISBURSEMENTS
Professional fees
The actual amount to be paid will be based on your invoice for services rendered in relation to
the matters referred.
6. SERVICES TO BE PROVIDED BY UMDA
UMDA will:
o Authorize and process payment of all invoices as per agreement.
o Appoint the acceptable law firm.
o Scrutinise any documents received for purposes of clarity.
3 April 2017
3 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,
Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli
7. PAYMENTS
o Payments will be made according to the invoice provided for services rendered and will be
made within a period of 30 days from receipt.
8. CONTRACTS
o A contract between UMDA and the acceptable law firm will be entered into upon
appointment.
ANNEXURE A: EVALUATION OF BIDS
COMPLIANCE: QUALIFYING AND DISQUALIFYING FACTORS
(i) Submission of all information and documentation as listed in this document for the
appointment is essential. Thus, the following documents for the assessment of the
capacity and capability are required and non- submission will reduce the bidder’s
chances of appointment:
o Proof of experience in the required field;
o Documentation pertaining to the law firm and demonstrating competency;
o Rates per hour for services provided by the firm.
The following items are compulsory. Non-submission will invalidate the bidder’s
submission:
o Proof of registration with the relevant professional body.
o MBD Forms 4 & 6.1 (www.umda.org.za)
o Tax clearance certificate (tax compliance pin)
CRITERIA GUIDELINES FOR EVALUATION
3 April 2017
4 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,
Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli
TABLE 2: GUIDELINES FOR EVALUATION
Submissions will be scored using the below scoring table. This bid will be evaluated on
functionality which will determine the capability, ability and capacity of the prospective bidders to
provide the required services. A minimum score of 70% must be obtained by the bidder in order
to qualify to be evaluated for the second evaluation, which is the presentation.
ABILITY
Capacity
Bidders to provide proof of current capacity and ability to produce
the required standard of work.
CAPABILITY
Competency
Experience
Demonstration of competency to render the required service &
providing proof of registration with the relevant professional
body.
Bidders to provide evidence of experience in dealing with state-
owned entities or other entities.
METHODOLOGY
Provide a short description of your intended implementation
methodology indicating time frames to complete the work.
NOTE: In order to ensure meaningful evaluation, bidders must submit detailed
information in substantiation of the evaluation criteria mentioned.
3 April 2017
5 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,
Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli
ASSESSMENT CRITERIA FOR THE EVALUATION OF THE FUNCTIONALITY
EVALUATION MATRIX Points
%
Score
1 Submission of short CV’s of key personnel. 20
CV’s of all key personnel are submited (Directors, Partners,
Associates of the firm >3)
CV’s of some key personnel are submitted (less than 3)
20
10
2 Demonstration of competency to render the required service 10
3 Demonstrable experience of the prospective service provider’s
engagement in similar work
50
Submission of a list of 2 – 5 matters dealt with in the last 5
years.
Submission of a list of 2 - 5 matters dealt with in the last 10
years.
Submission of a list of less than 2 matters dealt with in the last 5
years.
50
30
20
4
Submission of a short description of the intended
implementation methodology, UMDA might invite response
service providers to present their methodology for final
assessment
20
TOTAL 100%
3 April 2017
6 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,
Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli
Bidders that are registered with Web base central supplier’s database will be at an advantage. It is
the bidder’s responsibility to provide all the data and information requested completely and in the
form required. Failure to do so may be regarded by the employer as non-responsive bidders.
Umhlosinga Development Agency is not bound to accept the lowest or any bid and reserves the
right to accept the whole or part of the bid.
All communication between the employer and the bidder should be in a form that can be read,
copied and recorded. All writing should be in English language. The employer will not take
responsibility for non-receipt of communications from bidders.
______________________________________________________________________________
No late submissions will be considered and no bidders sent or submitted by telefacsimile, telegram will be
accepted. Formal written quotation must be deposited in the official bid box outside the of UMhlosinga
Development Agency offices at 308 Ebony Crescent road, Mtubatuba, on or before Tuesday 10 April 2017 at 12h00
midday.
For enquiries related to this bid may be directed procurement section contact Sthembiso Mbatha, Finance Officer on (035) 5503080 during office hours.
…………………………….. 03/04/2017 MR. MM. NTULI DATE CHIEF EXECUTIVE OFFICER