INVITATION TO TENDER · 2018. 2. 5. · 1.2.10 The Invitation to Tender number is :...

Tender Number: IDT-NAT-EPPMS-2018

Term of Reference: Electronic Programme / Project Management System

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INVITATION TO TENDER

PROCUREMENT OF AN ELECTRONIC PROGRAMME / PROJECT

MANAGEMENT SYSTEM (EPPMS)

FOR THE PROGRAMME MANAGEMENT SERVICE UNIT (PMSU)

OF THE INDEPENDENT DEVELOPMENT TRUST (IDT)

Closing date:

26 February 2018 at 11h00

ISSUED BY:

THE INDEPENDENT DEVELOPMENT TRUST

IDT HEAD OFFICE

CORNER OBERON AND SPRITE STREETS

GLENWOOD OFFICE PARK

FAERIE GLEN

0043

TEL: (012) 845 2000

Website: www.idt.org.za



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Table of Contents

1. TENDER DETAILS ................................................................................................................ 1

1.1 Invitation to Tender.......................................................................................................................... - 2 -

1.2 Tender Data .................................................................................................................................... - 4 -

1.3. Tender Evaluation Procedure ............................................................................................................ - 6 -

1.3.1 Stage 1: Eligibility of Bidders. - 6 -

1.3.2 Stage 2: Evaluation on Functionality/Technical Requirements - 6 -

1.3.3 Stage 3: Evaluation on the 90/10 or 80/20 Preference Points system - 9 -

1.4 IDT’s Reservation of Rights .......................................................................................................... - 11 -

2. RETURNABLE DOCUMENTS ........................................................................................ - 12 -

2.1 List of Returnable Documents ....................................................................................................... - 13 -

2.1a – List of Compulsory Documents to be submitted with the tender - 13 -

2.1b – List of Financial Returnable Documents (COMPULSORY) - 13 -

2.1c – List of Technical and Preferential Returnable Documents - 14 -

2.2 Returnable Documents Schedule ................................................................................................. - 15 -

2.1a – 1: Proof of Registration with the Central Supplier Database (CSD) - 16 -

2.1a – 2: Invitation to Bid (SDB 1) - 17 -

2.1a – 3: Declaration of Interest (SBD 4) - 19 -

2.1a – 4: Preference Points Claim Form in Terms of the Preferential Procurement Regulations 2017

(SBD 6.1) - 23 -

2.1a – 5: Declaration of Bidders Past Supply Chain Management Practices (SBD 8) - 30 -

2.1a – 6 Certificate of Independent Bid Determination (SBD 9) - 32 -

2.1a – 7: Project Management System used in Public Sector - 34 -

2.1a – 8: Company Registration - 35 -

2.1a – 9: Notarised Join Venture or Consortium Agreement - 36 -

2.1.a – 10: Attendance to the compulsory briefing meeting - 37 -

2.1b – 1: Detailed Financial Proposal of EPPMS - 38 -

2.1c – 1: Existing Electronic Programme/Project Management System Description and Capability - 39 -

2.1c – 2: Bidder Experience and Track-record on Programme / Project Management System - 41 -

2.1c – 3: Approach and Methodology - 43 -

2.1c – 4: Project Schedule - 44 -

2.1c – 5: B-BBEE (Broad Black Economic Empowerment) - 45 -

2.1c – 6: Tax Clearance Certificate - 46 -

3. EPPMS PROJECT OVERVIEW AND OBJECTIVES ..................................................... - 47 -

3.1 EPPMS Project Summary ............................................................................................................. - 48 -

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Tender Number: IDT-NAT-ePPMS-2018

Term of Reference: Programme / Project Management System

Page iii of 102

3.2 Background ................................................................................................................................... - 48 -

3.3 Objective ....................................................................................................................................... - 48 -

3.4 Scope and Exclusions ................................................................................................................... - 49 -

3.5 High Level Deliverables ................................................................................................................ - 49 -

3.6 Phases and Deliverables .............................................................................................................. - 50 -

4. EPPMS GENERAL REQUIREMENTS ............................................................................ - 53 -

4.1 Overview of the IDT....................................................................................................................... - 54 -

Who is the IDT? - 54 -

Organisational Structure - 54 -

Office Locations - 55 -

EPPMS Stakeholder Groups - 55 -

EPPMS User Roles - 56 -

IDT Technology Environment - 57 -

4.2 IDT Project Management Processes ............................................................................................ - 59 -

4.3 EPPMS Functions ......................................................................................................................... - 60 -

4.4 Access Required ........................................................................................................................... - 63 -

IDT Users - 63 -

Service Providers - 64 -

Clients - 64 -

Other External Users - 64 -

Key Principles - 64 -

4.5 Electronic Signature ...................................................................................................................... - 65 -

5. CONTRACT DATA .......................................................................................................... - 66 -

6. ANNEXURE: .................................................................................................................... - 67 -

ANNEXURE A: Independent Development Trust Standard Conditions of Tender ................................. - 68 -

ANNEXURE B: Service Level Agreement ............................................................................................... - 78 -

Page ii of ii



Page 1 of 102

1. TENDER DETAILS



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1.1 Invitation to Tender


The Independent Development Trust (hereinafter “IDT”) invites companies with extensive experiences in the

development and commissioning of an Electronic PROGRAMME / PROJECT MANAGEMENT SYSTEM

(ePPMS) in the built environment sector.

Driven by the IDT Vision of being “A leading public sector developmental programme implementation

management agency”, continuous improvement to institute best programme and project management

practices in supporting various clients department in the delivery of social and basic services infrastructure

and related development objectives, is imperative to achieve efficiency to meet the client demands. The IDT

initiated a multiyear project named “Programme/Project Management System (PPMS) which focuses on the

improvement and integration of programme and project delivery management systems and processes

governed by the Built Environment and the Public Sector Standards and Practices.

The ultimate objective of the project is to acquire an existing Project Management System that can be

customised to the IDT Programme/Project Management System requirements. The electronic system should

include workflows in line with the IDT programme and project management processes as well as automation,

and it should be able to shorten the IDT’s project delivery periods by eliminating inefficiencies and creating a

robust electronic “audit-trail”. The scope of the project includes a minimum of three (3) years maintenance and

support

A compulsory briefing session will be held on 12th February 2018 at 10:00 at the IDT offices in Pretoria.

The bid closes on 26th February 2018 at 11:00AM. Original bids must be submitted and deposited in the

Tender Box at the IDT Head Office, Corner Oberon and Sprite Streets, Glenwood Office Park, Faerie

Glen, 0043. Telegraphic, telephonic, telex, facsimile, e-mail and late tenders WILL NOT be accepted.

The Bids will be evaluated on comparative basis in terms of IDT SCM Policies and Procedures. Only competent

bidders who have exceeded the minimum functionality threshold will be evaluated on 80/20 or 90/10 (Price /

B-BBEE) points basis in terms of the Regulation 6 (1) and 7 (1) of the Preferential Procurement Regulations

of 2017.

Functionality criteria scoring will be evaluated in two (2) phases. Only bidders scoring 70 points and above

under Phase one (1) of functionality criteria will be eligible to be evaluated under Phase two (2) which entails

the presentation and interview process with the client. Bidders must be prepared to do a 30 minutes

presentation. The presentation should be focussed on a Brief System Overview, Previous Experience,



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Approach and Methodology, among other. Only bidders that again obtain and pass the 70 scoring threshold

of the second phase will qualify for further evaluation on the 80/20 or 90/10 Preference Point System.

The Phase 1 evaluation under functionality criteria is as follows:

Criteria Points Allocation

Programme / Project Management System 30 points

Bidder Experience and Track-record on Programme / Project Management System 25 points

Approach and methodology 30 points

Project Schedule 15 points

Total 100 points

Only bidders scoring 70 points and above under these Phase of functionality criteria will be eligible to be evaluated under second

Phase which entails the interview and presentation process with the client.

Bidders tendering as joint ventures / consortiums are required to submit an original consolidated B-BBEE

certificate from a SANAS accredited verification agency in order to qualify for points for the B-BBEE status

level.

Tender documents will be available from the IDT website at www.idt.org.za and from the eTenders at

www.etenders.gov.za free of charge from Monday, 5th February 2018.

Enquiries should be directed to the following contacts:

− For Technical matters related: Mrs Yeline Ferrer, e-mail: [email protected]

− For Supplier Chain Management (SCM) related queries: [email protected]

The IDT deems a submission of a tender by a bidder in response to this Invitation to constitute acceptance of

the IDT Standard Conditions of Tender.

http://www.idt.org.za/

http://www.etenders.gov.za/

mailto:[email protected]




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1.2 Tender Data

The IDT Standard Conditions of Tender make several references to the Tender Data for details that apply

specifically to this tender. The Tender Data shall have precedence in the event of any ambiguity or

inconsistency between it and the Standard Conditions of Tender.

Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to

which it mainly applies.

Clause

number Tender Data / Clause description

1.2.1 The Employer is Independent Development Trust (hereinafter “IDT”)

Physical address:

IDT Head Office

Corner Oberon and Sprite Streets

Glenwood Office Park

Faerie Glen 0043

Tel: (012) 845 2000 - Fax: 086 589 6855

Website: www.idt.org.za

The IDT Representative:

Ms. Yeline Ferrer

Tel. (012) 845 2186

e-mail: [email protected]

1.2.2 Only those bidders who satisfy the following compulsory requirements are eligible to submit

tenders:

South African registered entities;

In case of a Consortium, notarized Consortium Agreement;

Proof that the existing proposed electronic Project Management System has been

implemented by the bidder and used by other clients involved with the built environment

industry.

1.2.3 Compulsory requirements shall be valid at the time of the closing date; failure to comply will result

in disqualification.

1.2.4 A compulsory briefing session will be held on 12th February 2018 at 10:00AM at the IDT offices in

Pretoria.

1.2.5 Prospective bidders are encouraged to submit their requests for clarification in writing not later

than 7 calendar days before the closing date (i.e. 19st February, 12:00 PM). However the Employer

shall respond to requests for clarification received up to 4 calendar days prior to tender closure (i.e.

22nd February 2018, 12:00 PM).

1.2.6 The tender shall be for the entire scope defined under section 3.4, 3.5 and 3.6 below which refer to

acquiring of an existing Electronic Project Management System that can be customised to the IDT

Programme/Project Management System requirements.

1.2.7 The Tender Validity period is 90 days from the closing date.

http://www.idt.org.za/




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1.2.8 The Tender shall be submitted in two envelops as an original, failure to comply will result in

disqualification of the tender. The tender document must be hard copy files marked “original”.

Envelop No 1: enclosing the Compulsory Returnable documents (as per 2.1a) and the

Technical documentation (as per 2.1c below).

Envelop No 2: enclosing the Detailed Financial Proposal (as per 2.1b below).

1.2.9 To facilitate the tender evaluation process, the bidders are encouraged to compile their Tender

Document following the same order that have been specified in section 2.1 “ List of Returnable

Documents” guided by templates provided under section 2.2 “Returnable Document Schedule”

1.2.10 The Invitation to Tender number is : IDT-NAT-ePPMS-2018

1.2.11 The deadline for tender submission is 26th February 2018 @ 11h00 AM.

1.2.12 Public opening of the Bids documents is not applicable since the bid response process to be

followed is the two envelop system.

1.2.13 The tender shall be addressed to the Employer with a cover page indication the following:

INDEPENDENT DEVELOPMENT TRUST (IDT)

PROCUREMENT OF AN ELECTRONIC PROGRAMME / PROJECT MANAGEMENT SYSTEM

(EPPMS) FOR THE PROGRAMME MANAGEMENT SERVICE UNIT (PMSU)

MARKED AS TENDER REF: IDT-NAT-ePPMS-2018

BIDDER NAME:_____________________________________________

COMPANY REGISTRATION NUMBER: _________________________

Physical Address for delivery of tender:

IDT Head Office

Glenwood Office Park

Corner Oberon and Sprite Streets

Faerie Glen 0043

1.2.14

The place for delivery of the tender is:

The IDT Tender Box located at (main reception at the physical address given above)

1.2.15 The Bids will be evaluated on comparative basis in terms of IDT SCM Policies and Procedures. Only

competent bidders who have exceeded the minimum functionality threshold will be evaluated on a

80/20 or 90/10 (Price / B-BBEE) preference point system in line with the Preferential Procurement

Policy Framework Act, 2017.

1.2.14 Functionality criteria scoring will be evaluated in two (2) phases. Only bidders scoring 70 points and

above under phase one (1) of functionality criteria will be eligible to be evaluated under Phase two

(2) which entails the interview process with the client. Bidders must be prepared for a 30 minutes

presentation should be focussed on a Brief System Overview, Previous Experience, Approach and

Methodology, among other. Only bidders that again obtain and pass the 70 points threshold of the

second phase will qualify for further evaluation on the 80/20 or 90/10 Preference Point System.

Please refer to item 1.3 “Tender Evaluation Procedure” for more details.



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1.3. Tender Evaluation Procedure

Tender evaluation will be done as per the stages below. Envelop No 1 will be opened for the Bid Evaluation

process Stage 1 and 2; envelop No 2 will be opened for the Bid Evaluation process Stage 3.

1.3.1 Stage 1: Eligibility of Bidders.

Stage one (1) entails the process of ensuring compliance of the bidders. Bidders shall submit all

mandatory returnable documents to qualify for stage two (2) of the evaluation processes. Failure to

submit any of the compulsory returnable documents will lead to disqualification.

Table 1.3 lists the compulsory returnable documents that shall be submitted by all bidders to be

considered eligible for this tender.

2.1a - 1 Proof of Registration with the National Treasury Central Supplier Database (CSD)

Submit the CSD Report. If a joint venture, consortium or other unincorporated grouping

of two or more persons (“joint venture”), each company must submit its CSD Report.

2.1a - 2 Invitation to Bid (SBD 1).

2.1a - 3 Declaration of Interest (SBD 4).

2.1a - 4 Preference points claim form in terms of the Preferential Procurement Regulations 2017

(SBD 6.1).

2.1a - 5 Declaration of Bidders Past Supply Chain Management Practices (SBD 8).

2.1a - 6 Certificate of Independent Bid Determination (SBD 9).

2.1a - 7 Proof that the existing proposed electronic Project Management System has been

implemented by the bidder and used by other clients involved with the built environment

industry.

2.1a - 8 Copy of Company Registration Documents. If a joint venture, consortium or other

unincorporated grouping of two or more parties (“joint venture”), each company must

submit its Company Registration Documents. Only South African registered entities

will be considered.

2.1a - 9 If two or more bidders form a joint venture, consortium or other unincorporated

grouping of two or more parties (“joint venture”), a copy of the notarized joint venture

agreement entered into between the partners.

2.1a - 10 Attendance to the compulsory briefing meeting and completion of the attendance

register with the Companies details and contact person.

2.1b – 1 Signed off Detailed Financial Proposal

1.3.2 Stage 2: Evaluation on Functionality/Technical Requirements

Stage two (2) entails the process of evaluation of functionality/technical requirements. The

functionality/technical requirements will be evaluated in two (2) phases. Only bidders who meet the



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threshold of 70 points of the total scoring under phase one (1) of functionality criteria will be eligible to

be evaluated under phase two (2) which entails the interview process with the IDT.

As part of the evaluation process, IDT may undertake site visit to current/previous clients that use/used

their existing proposed Electronic Project Management System. It is expected from the bidders to

inform their client/s of potential site visit.

1.3.2.1 Stage 2 / Phase 1 / Functionality/Technical Requirements

The Table below, specify in detailed the functionality/technical criteria to be considered under the

evaluation of phase one (1)

VARIABLES TOTAL

POINTS CRITERIA

DESCRIPTION

OF CRITERIA POINTS

Total Points 100

Programme /

Project

Management

System

30

Infrastructure EPPMS customized to the

National Treasury Standards such as SIPDM

and IDMS addressing a minimum of 50% and

above of the 15 key functions illustrated under

section 4.3 and 4.5 below. Points allocated

based on the

capability of the

proposed

Programme /

Project

Management

System

30

Infrastructure EPPMS customized to the

National Treasury Standards such as SIPDM

and IDMS addressing a minimum of 20% and


section 4.3 and 4.5 below.

25

EPPMS addressing a minimum of 50% and



21

EPPMS addressing a minimum of 20% and



15

Generic EPPMS 8

Bidder

Experience

and Track-

record on

Programme /

Project

Management

System

25

Four Similar Projects Completed with four

reference letters from the clients indicating

satisfactory implementation

Points allocated

for track records

based on the

similar scale and

nature of previous

projects

completed by

bidder in the past

5 years supported

by previous client

references letter

(in client letter

heads)

25

Three Similar Projects Completed with three



18

Two Similar Projects Completed with two


satisfactory implementation.

13

One Similar Projects completed with one

reference letter from the clients indicating


5



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VARIABLES TOTAL

POINTS CRITERIA

DESCRIPTION

OF CRITERIA POINTS

Approach

and

methodology

30

Very good:

Besides meeting the “good” rating, the 15 key functions are approached in an innovative and efficient way, indicating that the bidder has outstanding knowledge of state-of-the- art approaches. The approach paper details ways to improve the project outcomes and the quality of the outputs.

Points allocated

for submission of

specific approach

& methodology

30

Good:

The approach is specifically tailored to address the specific 15 key functions and project objectives and is sufficiently flexible to accommodate changes that may occur during execution. The work plan fits the approach paper well; it is appropriate and consistent with project objectives and requirements. There is a fair degree of detail that facilitates understanding of the proposed work plan

21

Satisfactory: The approach is generic and not tailored to address the specific project objectives and requirements. The approach does not adequately deal with the critical characteristics of the project.

15

Poor:

The technical approach, methodology and/or workplan is poor / is unlikely to satisfy project objectives or requirements. The bidder has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project.

6

Project

Schedule 15

Very good:

The sequencing and timing of activities are very well defined, indicating that the bidder has optimized the use of resources and the work plan permits flexibility to accommodate contingencies.

Points allocated

for submission of

specific detailed

project schedule

15

Good:

All important activities are indicated in the activity schedule and their timing and sequencing is appropriate and consistent with project objectives and requirements. There is a fair degree of detail.

11

Satisfactory: All key activities are included in the activity schedule, but are not detailed. There are minor inconsistencies between timing, project deliverables and the proposed approach.

8



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VARIABLES TOTAL

POINTS CRITERIA

DESCRIPTION

OF CRITERIA POINTS

Poor:

The activity schedule omits important tasks or the timing of the activities and correlation among them are inconsistent with the approach paper. There is lack of clarity and logic in the sequencing

3

1.3.2.1 Stage 2 / Phase 2 / Interview and Site Visit with the Employer

Bidders must be prepared to do a 60 minutes presentation/interview (30 minutes for presentation by

the bidder and 30 minutes for Q&A). The presentation should be focussed on a Brief System Overview,

Previous Experience, Approach and Methodology, among others. Only bidders that obtain and pass

the 70 points threshold of the second phase will qualify for further evaluation on the 80/20 or 90/10

Preference Point System.

1.3.3 Stage 3: Evaluation on the 90/10 or 80/20 Preference Points system

Stage 3 entails the process of evaluation on price and B-BBEE based on the 80/20 or 90/10

Preference Points system as stipulated by the Preferential Procurement Policy Framework Act

(PPPFA) 2017

THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

min

min180

P

PPtPs or

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



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POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

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)

Number of points

(80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant

contributor 0 0

Award Conditions

The successful bidder will only be appointed subject to having an acceptable tax compliance

status at the point of award.



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1.4 IDT’s Reservation of Rights

i. IDT reserves the right to subject Bidders and their facilities to assessment as part of the

evaluation process or as a condition to contract award.

ii. Consequent to the evaluation of Bidder’s proposals, IDT reserves the right, with the

permission of the IDT Board or the relevant delegated authority, to enter into negotiations

with one or more of the preferred Bidders (as determined by IDT following evaluation of the

tender proposals) for the whole or part of the services.

iii. In addition, IDT may utilise the market information received from the Bidder’s responses to

this tender for the purposes of undertaking any future procurement for other projects. Such

procurement may be undertaken through negotiation with one or more parties (which may

include the successful Bidder and/or any one or more Bidders who submit a tender in

response to this enquiry) or any other procurement strategy.

iv. IDT reserves the right to cancel or withdraw this tender following the National Treasury

regulations.

v. IDT reserves the right to undertake site visit to current/previous clients that use/used their

existing proposed Electronic Project Management System. It is expected from the bidders

to inform user client of potential site visit.



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2. RETURNABLE DOCUMENTS



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2.1 List of Returnable Documents

The returnable documents shall be submitted in the sequence specified under the Returnable

Documents Schedule (section 2.2).

1.3.4 2.1a – List of Compulsory Documents to be submitted with the tender

“Compulsory documents” shall be submitted by the bidders. If any of the below documentation is not

supplied will lead to the immediate disqualification of the bidder. Certified copies of documents shall be

submitted in original and not older than 3 months from the advertisement date.

2.1a - 1 Proof of Registration with the National Treasury Central Supplier Database (CSD),

submit the CSD Report. If a joint venture, consortium or other unincorporated

grouping of two or more persons (“joint venture”), each company must submit its

CSD Report.

2.1a - 2 Invitation to Bid (SBD 1)

2.1a - 3 Declaration of Interest (SBD 4)

2.1a - 4 Preference points claim form in terms of the Preferential Procurement Regulations

2017 (SBD 6.1)

2.1a - 5 Declaration of Bidders Past Supply Chain Management Practices (SBD 8)

2.1a - 6 Certificate of Independent Bid Determination (SBD 9)

2.1a - 7 Proof that the existing proposed electronic Project Management System has been

implemented by the bidder and used by other clients involved with the built

environment industry.

2.1a - 8 Copy of Company Registration Documents. If a joint venture, consortium or other

unincorporated grouping of two or more parties (“joint venture”), each company

must submit its Company Registration Documents. Only South African registered

entities will be considered.

2.1a - 9 If two or more bidders form a joint venture, consortium or other unincorporated

grouping of two or more parties (“joint venture”), a copy of the notarized joint

venture agreement entered into between the partners

2.1a - 10 Attendance to the compulsory briefing meeting and completion of the attendance

register with the Companies details and contact person.

1.3.5 2.1b – List of Financial Returnable Documents (COMPULSORY)

The compulsory detailed financial proposal shall be submitted by the bidders in the format that have

been specified in the returnable scheduled (section 2.2), form 2.1b – 1. Failure to submit the financial

returnable document will lead to disqualification.

2.1b - 1 Signed Detailed Financial Proposal



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1.3.6 2.1c – List of Technical and Preferential Returnable Documents

The technical and preferential returnable documents are required for tender evaluation purposes

(Note: If any of the below is not supplied, it will result in the deduction of tender evaluation points)

The table below lists the technical and preferential returnable documents that should be submitted by

the bidders.

2.1c - 1 Programme / Project Management System description and capability

2.1c - 2 Company Experience and track record of projects undertaken on similar nature, scale

and complexity during the last five years and contactable reference letter from the

client (in clients letter heads)

2.1c - 3 Approach and Methodology specific to the Project Objectives and Requirements

2.1c - 4 Project Schedule specific to the Project Objectives and Requirements

2.1c - 5 Copy of a valid B-BBEE (Broad-Based Black Economic Empowerment) certificate by

a SANAS accredited agency.

2.1c – 6 Copy of a valid TAX CLEARANCE CERTIFICATE and the SARS Letter “Tax

Compliance Status (PIN Issued)”



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2.2 Returnable Documents Schedule



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1.3.7 2.1a – 1: Proof of Registration with the Central Supplier Database (CSD)

[Copy of the company CSD Report to be inserted here]

Bidders tendering as a joint venture, consortium or other unincorporated grouping of two or more

persons (“joint venture”), shall submit the CSD Report of each company.

Attached hereto is the company(s) CSD Report(s). Failure to submit a valid proof of the aforesaid

documentation will lead to disqualification.



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1.3.8 2.1a – 2: Invitation to Bid (SDB 1)

YOU ARE HEREBY INVITED TO BID FOR: AN ELECTRONIC PROGRAMME / PROJECT MANAGEMENT SYSTEM (EPPMS)

BID NUMBER: IDT-NAT-EPPMS-2018 CLOSING DATE: 26 February 2018 CLOSING TIME:

11:00 DESCRIPTION: PROCUREMENT OF AN ELECTRONIC PROGRAMME / PROJECT MANAGEMENT SYSTEM

(EPPMS)

FOR THE PROGRAMME MANAGEMENT SERVICE UNIT (PMSU) OF THE INDEPENDENT DEVELOPMENT

TRUST (IDT)

The successful bidder will be required to fill in and sign a written Contract Form BID DOCUMENTS MAY BE POSTED TO: N/A OR DEPOSITED IN THE BID BOX SITUATED AT: The IDT Tender Box at the Independent Development Trust, Cnr Oberon & Sprite Street, Faerie Glen, Pretoria

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not

be accepted for consideration.

The bid box is open from 8:30 to 17:00, 5 days a week, Monday to Friday on normal working days

THIS BID IS SUBJECT TO THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE,

ANY OTHER SPECIAL CONDITIONS OF CONTRACT

THE FOLLOWING PARTICULARS MUST BE FURNISHED

(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

NAME OF BIDDER

………………………………………………………………………………………………………………………

POSTAL ADDRESS

………………………………………………………………………………………………………………….

STREET ADDRESS

…………………………………………………………………………………………………………………

TELEPHONE NUMBER

CODE……………NUMBER………………………………………………………………………………..

CELLPHONE NUMBER

…………………………………………………………………………………………………………………



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EMAIL ADDRESS

…………………………………………………………………………………………………………………

FACSIMILE NUMBER

CODE ………….NUMBER…………………………………………………………………………………

VAT REGISTRATION NUMBER

…………………………………………………………………………………………………………………

HAS A COPY OF A TAX CLEARANCE CERTIFICATE WITH A TAX COMPLIANT PIN BEEN SUBMITTED?

YES / NO

ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY

YOU?

YES /NO

(IF YES ENCLOSE PROOF)

ARE YOU SUBMITTING THIS TENDER BID AS A JOINT VENTURE WITH ANOTHER COMPANY?

YES /NO

IF YES, PLEASE PROVIDE NAME OF THE OTHER JOINT VENTURE

_______________________________

SIGNATURE OF BIDDER

………………………………………………………………………………………………………………..

DATE………………………………………………………………………………………………………………..

CAPACITY UNDER WHICH THIS BID IS SIGNED

…………………………………………………………………………………

TOTAL BID PRICE ……………………………………

TOTAL NUMBER OF ITEMS OFFERED …………………………………



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1.3.9 2.1a – 3: Declaration of Interest (SBD 4)

1. Any legal person, including persons employed by the state*, or persons having a kinship with

persons employed by the state, including a blood relationship, may make an offer or offers in terms of

this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In

view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to

persons employed by the state, or to persons connected with or related to them, it is required that the

bidder or his/her authorised representative declare his/her position in relation to the

evaluating/adjudicating authority and/or take an oath declaring his/her interest, where-- the bidder is

employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has

a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the

bid(s), or where it is known that such a relationship exists between the person or persons for or on

whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication

of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

2.1 Full Name of bidder or his or her representative:

….………………………………………………………….

2.2 Identity Number:

………………………………………………………………………………………

2.3 Position occupied in the Company (director, shareholder etc.):

………………………………………………

2.4 Company Registration Number:

………………………………………………………………………..…….

2.5 Tax Reference Number:

………………………………………………………………………………….…



Page - 20 - of 102

2.6 VAT Registration Number:

………………………………………………………………………………....

* “State” means –

a) any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act,

b) 1999 (Act No. 1 of 1999);

c) any municipality or municipal entity;

d) provincial legislature;

e) national Assembly or the national Council of provinces; or

f) Parliament.

2.7 Are you or any person connected with the bidder presently employed by the state?

Please tick applicable

2.7.1 If so, furnish the following particulars:

Name of person / director / shareholder/ member:

……....…………………………………………………………………

Name of state institution to which the person is connected:

………………………………………………………………………….

Position occupied in the state institution:

………………………………………………………………………….

Any other particulars:

……………………………………………………………………….

………………………………………………………………….......

……………………………………………………………………….

YES NO



Page - 21 - of 102

2.8 Did you or your spouse, or any of the company’s directors YES / NO shareholders /

members or their spouses conduct business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

…………………………………………………………………..

…………………………………………………………………..

…………………………………………………………………...

2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family,

friend, other) with a person employed by the state and who may be involved with

the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars.

…………………………………………………………………

…………………………………………………………………

………………………………………………………………….

2.10 Are you, or any person connected with the bidder, YES / NO aware of any relationship

(family, friend, other) between the bidder and any person employed by the state who may be

involved with the evaluation and or adjudication of this bid?

2.10.1 If so, furnish particulars.

…………………………………………………………………

…………………………………………………………………

………………………………………………………………

2.11 Do you or any of the directors / shareholders / members of YES / NO the company

have any interest in any other related Companies whether or not they are bidding for this

contract?



Page - 22 - of 102


…………………………………………………………………

…………………………………………………………………

…………………………………………………………………

DECLARATION

I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1 ABOVE IS CORRECT.

I ACCEPT THAT THE STATE MAY ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE

GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION

PROVE TO BE FALSE.

………………………………….. ..……………………………

Signature Date

Position……………………………. Name of bidder…………………………



Page - 23 - of 102

1.3.10 2.1a – 4: Preference Points Claim Form in Terms of the Preferential

Procurement Regulations 2017 (SBD 6.1)

This preference form must form part of all bids invited. It contains general information and serves

as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE)

Status Level of Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-

BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS,

2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

applicable taxes included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all

applicable taxes included).

a) The value of this bid is estimated to exceed/not exceed R50 000 000 (all applicable taxes

included) and therefore the ……………… preference point system shall be applicable; or

b) Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete

whichever is not applicable for this tender).

1.2 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.3 The maximum points for this bid are allocated as follows:

POINTS

PRICE

B-BBEE STATUS LEVEL OF CONTRIBUTOR

Total points for Price and B-BBEE must not exceed 100



Page - 24 - of 102

1.4 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.

1.5 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or

at any time subsequently, to substantiate any claim in regard to preferences, in any manner

required by the purchaser.

2. DEFINITIONS

(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 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 bidder 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



Page - 25 - of 102

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 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

min

min180

P

PPtPs or

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)

Number of points

(80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant

contributor

0 0



Page - 26 - of 102

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 or 20 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:



Page - 27 - of 102

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:……………………………………….…………………………………

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

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

…………………………………………………………………………………………………..



Page - 28 - of 102

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 obtaining business from any

organ of state for a period not exceeding 10 years, after the audi alteram



Page - 29 - of 102

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. …………………………………….



Page - 30 - of 102

1.3.11 2.1a – 5: Declaration of Bidders Past Supply Chain Management

Practices (SBD 8)

1 This Standard Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by institutions in ensuring that when goods and services are

being procured, all reasonable steps are taken to combat the abuse of the supply chain

management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors

have-

a. abused the institution’s supply chain management system;

b. committed fraud or any other improper conduct in relation to such system; or

c. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must be completed and submitted

with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s

database as companies or persons prohibited from doing business

with the public sector?

(Companies or persons who are listed on this database were

informed in writing of this restriction by the National Treasury after

the audi alteram partem rule was applied).

Yes

□

No

□


4.2 Is the bidder or any of its directors listed on the Register for Tender

Defaulters in terms of section 29 of the Prevention and Combating of

Corrupt Activities Act (No 12 of 2004)?

To access this Register enter the National

Treasury’s website, www.treasury.gov.za, click on the icon

“Register for Tender Defaulters” or submit your written request for a hard

copy of the Register to facsimile number (012) 3265445.

Yes

□

No

□




Page - 31 - of 102

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

□


4.4

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

□


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



Page - 32 - of 102

1.3.12 2.1a – 6 Certificate of Independent Bid Determination (SBD 9)

I, the undersigned, in submitting the accompanying bid:

_______________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

_______________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and

complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on

behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the

bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”

shall include any individual or organization, other than the bidder, whether or not affiliated with the

bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation,

based on their qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in

the same line of business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor.

However communication between partners in a joint venture or consortium will not be construed as

collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been regarding:

(a) prices;



Page - 33 - of 102

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the

products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or

indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of

the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any

restrictive practices related to bids and contracts, bids that are suspicious will be reported to the

Competition Commission for investigation and possible imposition of administrative penalties in

terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the

National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from

conducting business with the public sector for a period not exceeding ten (10) years in terms of the

Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation

³ Joint venture or Consortium means an association of persons for the purpose of combining

their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of

a contract.

………………………………………... ….…………………………..

Signature Date

………………………………………. ……..………………………..

Position Name of Bidder



Page - 34 - of 102

1.3.13 2.1a – 7: Project Management System used in Public Sector

Proof that the existing proposed electronic Project Management System has been implemented by the

bidder and used by other clients involved with the built environment industry.

Bidders must submit a confirmation letter from their current and/or previous clients in the past 5 years

in which the electronic Project Management System have been implemented. This letter must be in

the client’s letter head indicating their contact details.

Failure to submit the confirmation letter signed off by the client, will lead to disqualification of the

bidder.



Page - 35 - of 102

1.3.14 2.1a – 8: Company Registration

[Originally certified copy of the company registration to be inserted here]

Attached hereto is the copy of the company registration.

Only South African registered entities will be considered. If a joint venture, consortium or other

unincorporated grouping of two or more parties (“joint venture”), each company must submit its

originally certified copy of their Company Registration Documents. Failure to submit an acceptable

proof of the foresaid documentation/s will lead to disqualification.



Page - 36 - of 102

1.3.15 2.1a – 9: Notarised Join Venture or Consortium Agreement

[Copy of the Notarized Join Venture or Consortium Agreement to be inserted here, if

applicable]

Attached hereto is the Copy of the Notarized Join Venture or Consortium Agreement. Failure to submit

a valid proof of the foresaid documentation will lead to disqualification. (if applicable)



Page - 37 - of 102

1.3.16 2.1a – 10: Attendance to the Compulsory Briefing Meeting

The Bidder shall attend the compulsory briefing meeting and complete the attendance register that will

circulated at the meeting. It is required that the Bidder clearly indicate the companies details and the

contact person). Failure to attend the compulsory briefing meeting will lead to disqualification.

The Bidder is not expected to provide a copy of the attendance register. It will the responsibility of the

IDT to keep the original attendance register for the record. Document that will be used as confirmation

of attendance.



Page - 38 - of 102

1.3.17 2.1b – 1: Detailed Financial Proposal of EPPMS

Bidders are required to provide a detailed financial proposal as per table below based on the scope of work

specified under section 3.4; 3.5 and 3.6 below. Failure to submit the detailed financial proposal (pricing each

stage) for the life-cycle of the project will lead to disqualification.

Stage Description Overall Expected

Duration (Weeks)

Cost

(Inclusive Vat)

Stage 1: Initiation

Stage 2: Planning

Stage 3: System Customisation and Testing

Stage 4: Installation of Customised System into

Production

Stage 5: System User Training

Stage 6: Institutionalisation of EPPMS

Stage 7: System Maintenance and Monitoring

Disbursements

Total (Including Vat)

In the event where additional professional services are required, on top and above the scope specified under

section 3.4; 3.5 and 3.6 below, the IDT will only accept as hourly rates, the latest DPW hourly rates

applicable.

Signed Date

Name Position

Bidder

Company

Registration

Number



Page - 39 - of 102

1.3.18 2.1c – 1: Existing Electronic Programme/Project Management System Description and Capability

The Bidder shall provide the following two deliverables. Failing to submit the information requested will result in loosing points under the evaluation process.

1. Detailed description of the existing electronic EPPMS specifications and its functional capabilities.

2. Fully completed tables 2.1 and 2.2 below:

2.1 Confirm if the existing electronic EPPMS address the following National Treasury Standard

Item Description Yes No Comments

1 Standard for Infrastructure Procurement and Delivery

Management (SIPDM)

2 Infrastructure Delivery Management System (IDMS)

2.2 Confirm if the existing electronic EPPMS address the following key functional requirements (refer to Section 4.3 and 4.5 below).

Item Key Functional Requirements Yes No Comments

1 Contract Management

2 Client Relationship Management

3 Vendor / Supplier Management

4 Procurement Management

5 Engineering Management



Page - 40 - of 102

6 Document Management

7 Technology Management / Usage

8 Spatial Mapping / Viewing

9 Performance Management (Internal / External)

10 Monitoring and Evaluation

11 Knowledge Management

12 Audits / Quality Management System

13 Risk Management

14 Dashboards and Reporting Management

15 Electronic Signature

Signed Date Company Registration Number

Name Position

Bidder Name:



Page - 41 - of 102

1.3.19 2.1c – 2: Bidder Experience and Track-record on Programme / Project Management System

The Bidder should provide details of his relevant experience on similar scale projects above implemented in the past 5 years. In support bidders are to complete

the “Project Experience” schedule below and attach thereto copies of Clients Reference Letter (refer to the Letter minimum requirements on the next page).

PROJECT NAME BRIEF PROJECT

DESCRIPTION

Client Details PROJECT

VALUE

(Including VAT)

START DATE COMPLETION

DATE Name Telephone Email

A

B

C

D

E



Page - 42 - of 102

The reference letters minimum requirement:

The Bidder shall provide client reference letter detailing the bidder performance on each of the previous projects listed in the “Relevant Experience” returnable

schedule. “Client Reference” should be issued by each of the respective Clients in the client letter heads. Failing to submit the information requested will result

in loosing points under the evaluation process.

The following information should be included in the Clients Reference Letter for each project:

.... Project Name

.... Project Scope

.... Project Cost

.... Project Duration

Performance Evaluation of the bidders

.... Any other remarks considered necessary to assist in evaluation of the tenders

IDT as part of the evaluation process may undertake site visit to current/previous clients that use/used their existing proposed Electronic Project Management

System. It is expected from the bidders to inform their client/s of potential site visit.



Page - 43 - of 102

1.3.20 2.1c – 3: Approach and Methodology

[Specific Approach and Methodology proposal to be inserted here]

Attached hereto is the Specific Approach and Methodology proposal for the implementation of the

Electronic Programme/Project Management Systems (EPPMS). Failure to submit an adequate

Approach and Methodology proposal will result in loosing points under the evaluation process in terms

of functionality/quality requirements.



Page - 44 - of 102

1.3.21 2.1c – 4: Project Schedule

[Specific Project Schedule to be inserted here]

Attached hereto is the Specific Project Schedule proposal for the implementation of the

Programme/Project Management Systems (EPPMS). Failure to submit an adequate Specific Project

Schedule proposal will result in loosing points under the evaluation process in terms of

functionality/quality requirements.



Page - 45 - of 102

1.3.22 2.1c – 5: B-BBEE (Broad Black Economic Empowerment)

[A Copy of a Valid B-BBEE certificate to be inserted here]

Attached hereto is the copy of the valid B-BBEE Certificate issued by a verification agency accredited

by SANAS. Failure to submit the foresaid documentation will result in loosing points under the

evaluation process in terms of B-BBEE status.

Bidders tendering as joint ventures / consortiums are required to submit a copy of the valid

consolidated B-BBEE certificate from a SANAS accredited verification agency in order to qualify for

points for the B-BBEE status level.



Page - 46 - of 102

1.3.23 2.1c – 6: Tax Clearance Certificate

[Copy of a valid TAX CLEARANCE CERTIFICATE and the SARS Letter “Tax Compliance Status (PIN

Issued)” to be inserted here]

IMPORTANT NOTES:

Bidders tendering as joint ventures / consortiums are required to submit a separate Tax Clearance Certificate

and the SARS Letter “Tax Compliance Status (PIN Issued)” from each company.



Page - 47 - of 102

3. EPPMS PROJECT OVERVIEW AND OBJECTIVES



Page - 48 - of 102

3.1 EPPMS Project Summary

Driven by the IDT Vision of being “A leading public sector developmental programme implementation

management agency”, continuous improvement to institute best programme and project management

practice in supporting various clients department in the delivery of social and basis services

infrastructure and related development objectives, is imperative.

In an effort to achieve efficiency and to meet the client demands, the IDT initiated a multiyear project

named “Programme/Project Management System (EPPMS). The EPPMS main focus is the

improvement and integration of programme and project delivery management systems and processes.

A key deliverable of the EPPMS is the Programme and Project Management Processes which include

a process mapping where the presentation method use was the swing line, indicating activities and

sub-processes linked to specific role players including internal and external stakeholders. In addition

activity, stages and processes are linked to deliverables that is support either by a check list, a template

or specify document to be electronically enable.

3.2 Background

The IDT initiated in 2013/14 a process of developing a functional specification as a first step towards

developing a comprehensive Programme/Project Management Information System. The project was

later extended to include programme and project management process mapping and templates. The

functional specifications and the programme and project management process mapping were indeed

completed on February 2015.

With the publication from National Treasury of the SIPDM in February 2016, standards that support

the procurement and delivery process of infrastructure projects/programmes/portfolios in line with the

IDMS, it become imperative the alignment of the IDT Programme and Project Management Processes

to the foresaid standards and guidelines, to ensure compliances with the National Treasury

requirements.

3.3 Objective

The aim of the project is to produce and institutionalize an adequate electronic Programme and Project

Management Systems to ensure management and delivery of integrated quality social infrastructure

programmes on behalf of government.

The philosophy behind the project is to ensure Programme and Project Management best practice by

applying the 10 knowledge areas of the Project Management Body of Knowledge (PMBOK) and the



Page - 49 - of 102

Built Environment Professionals governance, while complying with National Treasury Regulations

guideline and standards such as the SIPDM and the IDMS Management Framework for the

implementation of infrastructure projects in South Africa Public Sector which in fact, is aligned with the

CIDB Gateway System.

3.4 Scope and Exclusions

The scope of the project is to acquire an electronic Programme and Project Management System that

can be customised to the IDT project management requirements. The system should include

workflows in line with IDT programme and project management processes as well as automation of

process templates and checklists. It should be able to shorten the IDT’s project delivery periods by

eliminating inefficiencies and creating a robust electronic “paper-trail” that will stand as acceptable

evidence to the scrutiny of an audit.

The system should be user friendly and allow for automatic capturing of information by all the relevant

stakeholders at project level during execution, avoiding the need for a duplication of processes in the

collection and capture of information.

The system should integrate with the National Treasury Central Supplier Database (CSD),

The system should not include the financial and project accounting functionalities but shall interface

with the current financial system.

3.5 High Level Deliverables

An Electronic Programme/Project Management System which should:

1. Address the following project management knowledge areas:

- Contract Management,

- Procurement Management,

- Scheduling,

- Cost Management,

- Communication Management,

- Risk Management,

- Stakeholder Management,

- Resources Management,

- Quality Management,

- Integration Management;



Page - 50 - of 102

2. Complying with National Treasury Regulations guideline and standards such as the SIPDM and the

IDMS Management Framework for the implementation of infrastructure projects in South Africa Public

Sector.

3.6 Phases and Deliverables

Stage 1: Initiation

Receive, appraise and report on client’s requirements with regard to the following:

− Project brief

− Project management charter

− Advice on other matters that could influence project life cycle cost significantly.

− Develop Project Schedule Baseline

Deliverable:

Compulsory Project Implementation Documents

Stage 2: Planning

Stage two (2) includes the process of managing the development of detail project plan. This stage

comprises but not limited to the following deliverables:

Deliverable:

Detailed Project Plan

Test Plan

Migration Plan

Data Mapping Plan

Communication Plan

Training Plan

Risk Management Plan

Integration and Mapping Plan

Security Plan

Change Management Plan

Stage 3: System Customisation and Testing

Stage three (3) includes the process of transforming IDT EPPMS requirements into the proposed

system and resolution of challenges identified during testing. This stage comprises but not limited to

the following deliverables:



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Deliverable:

Signed off user requirements (Functional and Technical specification).

Migrated relevant data/information.

Integrated with the relevant HR and Financial system existing in the IDT.

A customised and integrated electronic system that suit the IDT EPPMS requirement installed

in the “test environment”.

Tested EPPMS system.

Issue-log of challenges and resolution identified during testing.

Testing supporting documentations.

Stage 4: Installation of Customised System into Production

Stage four (4) includes the process of installation of the IDT EPPMS on the production environment.

This stage comprises but not limited to the following deliverables:

Deliverable:

Installed customised system on the production environment.

Tested and commissioned EPPMS on the production environment

User Acceptance Testing (Production signed off)

Stage 5: System User Training

Stage five (5) includes the training process of the IDT EPPMS. This stage comprises but not limited to

the following deliverables:

Deliverable:

Confirmed Training Plan

User Manual

Technical User Manual

Training Presentations

Stage 6: System Maintenance and Monitoring

Stage six (6) includes the process monitoring and ongoing maintenance. This stage comprises but not

limited to the following deliverables:

Deliverable:

Confirmed System Maintenance Plan



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Quarterly Impact Assessment

IT Service Level Agreement (signed off)

Monthly Service Level Agreement engagements

Stage 7: Project Closure

Stage seven (7) includes the process project closure. This stage comprises but not limited to the

following deliverables:

Deliverable:

Post Implementation Review (Lesson Learnt)

Project Closure Report (signed off) to be delivered at completion of Stage 4 and 5.



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4. EPPMS GENERAL REQUIREMENTS



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4.1 Overview of the IDT

1.3.24 Who is the IDT?

The IDT is a Schedule 2 Major Public Entity in terms of the PFMA. Reports to Parliament through its

Executive Authority, the Minister of Public Works. Mandated to act as a state implementing agency

focusing on social infrastructure programme and project management. Works with all spheres of

government through client-specific service level agreements.

1.3.25 Organisational Structure

The high level enterprise-wide governance structure of the IDT is represented by the organogram in

Figure 4.1. The Programme Management Services Unit (PMSU) is the IDT’s arm through which the bulk

of the programmes are implemented on behalf of their clients. The PMSU is the “custodian of a

substantial part of the IDT’s core business”. The Programme and Project Management System is

required by the PMSU.

Figure 4.1: IDT Governance Structure.

The IDT enjoys a national footprint through its nine regions, with one regional office in each of the nine

provinces. The PMIS will be used to:



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a) Support the IDT programme and programme personnel in the execution of their work.

b) Collect the information that is required to support management and stakeholder

requirements.

1.3.26 Office Locations

The IDT has offices in the following locations across South Africa:

Head Office (Tshwane/Pretoria).

Western Cape Regional Office (Cape Town).

Eastern Cape Regional Office (East London).

Northern Cape Regional Office (Kimberly).

Free State Regional Office (Bloemfontein).

North West Regional Office (Mahikeng).

Limpopo Regional Office (Polokwane).

Mpumalanga Regional Office (Nelspruit).

KwaZulu-Natal Regional Office (Durban).

Gauteng Region’s Regional Office (Midrand).

1.3.27 EPPMS Stakeholder Groups

Any group or individual affected by or having potential influence on the PMIS is a stakeholder and

the following key internal and external stakeholder groups were identified for the EPPMS:

Internal Stakeholders from PMSU: all personnel allocated to this unit.

Other Internal Stakeholders include personnel from:

Finance

Supply Chain Management.

Project Accounting.

Legal Services;

Human Resources; and,

Internal Audit.

External Stakeholders include parties that require efficient and effective programme delivery with

a clear audit trail proving competent management such as:

Department of Public Works at national and provincial levels;

National Treasury;

Provincial Treasuries;

Auditor-General;

Client Departments;

Municipal Clients;

Service Providers; and,



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Contractors.

1.3.28 EPPMS User Roles

The users are people that will utilise the EPPMS to deliver the relevant programmes and Table 4.1

provides a list of the potential EPPMS users.

Table 4.1: Required User Roles

User Role Role Description Reports to

Executive Overall IDT management. IDT Board

General Manager: Regional Operations

Overall management of IDT’s regional operations.

Executive

General Manager: Programmes Coordinates portfolios and ensures delivery on national programmes.

Executive

Regional General Manager Manages the IDT’s regional office ensures delivery on regional programmes or a regional portion of a national programme.

General Manager: Regional Operations

Portfolio Manager Manages one or more portfolios (group of programmes) for the Clients. Can be at Head Office (national) or regional level.

General Manager: Programmes or Regional General Manager

Originator Assess proposed programmes and prepare documentation before the IDT is appointed for a programme.

Varies.

Programme Manager Manages one or more national programmes for the IDT.

Portfolio Manager

Regional Programme Manager Manages one or more programmes in a region for the IDT or manages a regional portion of a national programme.

Regional General Manager / Portfolio Manager

Programme Implementation Manager - Technical

Manage social development and community infrastructure programmes planning, implementation and delivery.

Regional Programme Manager

Programme Implementation Manager - Social

Manage social development and community upliftment programmes, implementation and delivery.


Programme Implementation Administrator

To provide administration support and co-ordinate the activities of the Programme Implementation Managers and to monitor the programme budget.


Principal Consultant The professional appointed by the IDT assigned responsibility for leading the professional team during the design stage.

Programme Implementation Manager

Consultant / Supplier The party appointed by the IDT to provide a specific service such as infrastructure design or social service planning.

Programme Implementation Manager or Principal Consultant / Agent

Principal Agent

The professional appointed by the IDT assigned responsibility for leading the professional team during the construction stage and administering the construction contract (usually an architect).

Programme Implementation Manager



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User Role Role Description Reports to

Contractor The party appointed by the IDT to provide a specific service such as infrastructure construction or social service provision.

Programme Implementation Manager or Principal Agent

1.3.29 IDT Technology Environment

The IDT technology is a hosted Microsoft environment.

a) IT Sub-Units:

• Systems

• Network Infrastructure

• IT Support (Desktop support)

b) Systems:

• ERP (Great Plains) - Microsoft SQL

– Project Accounting, Cash Books, Accounts Payable, Accounts Receivable, Purchasing

and GL

– Sage VIP HR Module

• In-house developed

– Purchase requisitions.

– Payment requisitions.

– Vendor management.

c) Networks infrastructure:

• LAN in each of our 10 offices (Cisco end-to end-technology)

• WAN (VPNS based on MPLS with Quality Of Service)

• Infrastructure private Cloud hosted.

• Metro Ethernet between Head Office and the Data Centre.

• Link Speed varies between 1 -2 Mbit\s



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d) Network Diagram

IDT VPNS

Firewall

TELKOM NBSC

Data CentreInternet router

9 x Regional Sites

IDT Head Office

Internet

Virtual Hosting

x 11 servers

East London

Cape Town

Mafikeng

VPNS router MetroLAN router

MetroLAN router

SAS-E

Shared access

Shared access

Voice

Data

Basic Hosting

x 8 servers

Firewall

KimberleyBloemfontein

Nelspruit

Polokwane

Durban

Midrand

e) Client-Server Environment:

• Client machines – Windows based,

• Server Estate hosted at Service Provider. Combination of physical and virtual.

• Microsoft; Hyper V and Vmware Technologies.



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4.2 IDT Project Management Processes

The IDT’s high level Programme and Project Management process (Level 1) is presented in Table 4.2.

The IDT had broken down (decomposed) each of these processes/stages to give additional detail with

respect to the sub-processes and activities as well as the flow of information and roles and

responsibilities.

Table 4.2. IDT’s high level Programme and Project Management process (Level 1)

Stage/Gate No Stage Name Stage Objective

Stage 0

Gate 0

Programme Initiation An Initiation report Outline High Level Business Case;

Estimated Project Cost and Proposed Schedule.

Stage 1

Gate 1

Programme

Infrastructure

Planning

An infrastructure plan which Identifies and prioritises

projects and packages against a forecasted budget over

the life of the programme

Stage 1A

Project Execution

Planning

Project Execution Plan

Stage 2

Gate 2

Programme Strategic

Sourcing

Programme Procurement Strategy

Stage 3

Gate 3

Pre-feasibility A prefeasibility report which determines whether or not it is

worthwhile to proceed to the feasibility

Stage 3A

Gate 3A

Preparation and

Briefing

A strategic brief which define project objective

Stage 4

Gate 4

Feasibility A feasibility report which present a sufficient information to

determine whether or not the project should be

implemented.

Stage 4A

Gate 4A

Concept Design Concept report which details the brief, scope, budget and

scale of the project

Stage 5

Gate 5

Design Development Design the approved concept, Cost, Plan

Schedule

Stage 6

Gate 6

Design & Procurement

Documentation

Produce Information which will determine if construction will

be built directly from information prepare (Bill of Quantities,

Specifications, Construction Drawings, Tender

Documentation)

Stage 7

Gate 7

Works Completed works which are capable of being occupied or

used

Stage 8

Gate 8

Handover Works that have been taken over by the user with record

information.

Stage 9

Gate 9

Project /Package

completion

(Closeout Process)

Works with notified defects, final account settle and

Closeout Report issued.

Stage 10

Gate 10

Programme Close-out

Process

Programme Close-out Report, closing programme bank

accounts, submission of the final programme reconciliation

report.

Stage 11

Post-closure Impact

Assessment

Post-closure Impact Assessment Report.



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As indicated above, the Programme and Project Management process include a process mapping

where the presentation method use was the swing line, indicating activities and sub-processes linked

to specific role players including internal and external stakeholders. In addition activity, stages and

processes are linked to deliverables that is support either by a check list, a template or specify

document to be electronically enable.

4.3 EPPMS Functions

It is expected that the EPPMS will need to provide the key functions shown in and described in Table

, with their sub-ordinate functions. This is a provisional list compiled with the IDT users in order to give

an indication of the extent of the EPPMS and it will be used for comparison with the final functions that

are identified.

Figure 4.3: Context Diagram for EPPMS

1 Contract Management 2. Client Relationship Management

3. Vendor Management (Interface with CSD)

4. Procurement Management

5. Engineering Management

6. Document Management

7. Mobile Application Capability

8. Spatial Mapping / Viewing 9. Performance Management (Internal / External)

10. Monitoring and Evaluation

11. Knowledge Management

12. Audits / Quality Management System

13. Risk Management

14. Dashboards and Reporting Management

Programme/

Project

Management

System

EPPMS



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Table 4.3: Key Functions and sub-functions

The EPPMS should include but not limited the following key functions

# Key Function Function

0 Programme / Project Management

Budget: contracts, variance & invoices.

Expenses: resources (time), contractors, procurement, travel & accommodation, with cash flow.

Control.

Schedules.

Risk: identify, evaluate (impact and likelihood), mitigation.

Roles.

Progress.

Issues.

Tracking.

Close-out.

Escalation.

Review.

Report.

Project termination.

Project compliance (from an audit perspective).

Quality.

Track receipt of invoices from suppliers.

1 Contract Management

Bid / tender.

Procurement process.

Audit (PFMA)

2 Client Relationship Management

Client (company / department).

Contacts (persons).

Value chain information.

Client satisfaction (satisfaction with processes and general issues raised by the client).

Information to assist with process improvement within the IDT.

3 Vendor / Supplier Management

Interface with the National Treasury Central Supplier Database (CSD)

Information.

Contacts.

Current BBBEE status.

Valid Tax clearance certificate.

VAT registration.

Performance grade / approved / banned.

Type of contractor.

Expertise / industries / fields.

Certification.

Registrations.

Empowerment Indicators (youth, women, people with disability).

Caters for special cases, e.g. property leasing and one-stop-shop service providers.

View of all associated vendor information.

4 Procurement Management

Decentralised but needs to be reviewed and centralised in the permit office.

Requisition.

Quotations.

Oversight.



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Purchase orders.

Approval cycle and review.

Vendor communication.

Totals versus Budget.

No budget then no approval / payment.

Terms of reference.

Delegation of authority.

Automate processes.

Variation orders.

iTender & eTenders (i.e. electronic tenders)

Vendor rating / status.

Internal & external stakeholders users

Products, services and contractors.

Expression of interest.

Integrate with document management (automatic approval route, reviews, transmittal / transfer).

Evidence trail / audits (automate).

Remove duplication of work.

5 Engineering Management

Quality and inspections.

Document management (including designs).

Approvals.

Traceability / change management.

Client, IDT, contractor collaboration.

Snag lists.

Hand-over.

Commissioning.

Shared server that external stakeholders can access.

6 Document Management

Storage (reports, drawings, certificates, pictures, specifications, minutes).

Check-out.

File structure / directory.

Electronic signature pads

7 Technology Management / Usage

Web-based with access from laptop/desktop, tablet, smart phones.

For ± 300 employees.

Head office and 9-regional offices.

Project offices can be infinite in number with access required from site.

Access for external people.

Cost effective.

Cost of ownership.

Cloud computing (Telkom).

Electronic signature

8 Spatial Mapping / Viewing

Spatial location of each project.

Mapping and Querying functionality

Not for analysis purposes.

9 Performance Management (Internal / External)

Programmes / projects rolled up to IDT’s internal performance.

Budget / cost.

Time.

Quality.

Social development.



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Performance evidence management system (PEMS) with performance scorecard

Dashboards.

Reports.

Key performance indicators.

Scorecards.

10 Monitoring and Evaluation

Link to data.

Compliance (audit).

Qualitative information in addition to quantitative information.

Facilitate learning.

Valid qualitative / quantitative data to track all indicators (project & social).

Validity of data with evidence provided.

Simplicity, ease of use, capable to drill down into data.

Electronic reports.

Integrated.

11 Knowledge Management

All functions inter-linked and should be effective to be successful and intelligent.

Lessons learnt.

Linked to information required for Monitoring and Evaluation

Dictionary / abbreviations / descriptions.

12 Audits / Quality Management System

Audit process compliance.

Quality of compliance (done or done well).

Evidence.

13 Risk Management Life risk and issue register.

Escalation and Monitoring functionality.

14 Dashboards and Reporting Management

Templates: plans, schedules, reports, inspection check-list.

Reporting: indicators, Executive, Client-based.

Levels: projects, programmes, portfolios, Clients, regions, location, contractors, IDT, government.

Up-to-date reports on expenditure, key performance indicators, quality, contractor performance, procurement stage, physical progress (milestones & schedule).

4.4 Access Required

The following paragraphs summarise the general access requirements for the main user groups.

1.3.30 IDT Users

Full access to the PMIS application will be required for the following key internal stakeholder groups:

Executives.

Regional Programme Managers.

Portfolio Managers.

Programme Managers.

Programme Implementation Managers.

Programme Implementation Administrators.

Project Accounts.



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Knowledge and Information Managers.

Supply Chain Management.

Contract Management.

Originator.

1.3.31 Service Providers

Most of the data required in the EPPMS is provided by the external service providers that are engaged

by the implementing agent. For efficiency, it is essential that the following service providers are provided

with access to the EPPMS, with a requirement in their appointment contracts to obtain and capture the

data on behalf of the IDT.

The Principal Consultant during the design stage.

The Principal Agent during the construction stage.

Any other service providers that are providing a management role in the execution of their service.

It is not expected that every service provider or the contractors will require access to the PMIS but if

access is required for a specific member team member in a programme or project then access can be

made available.

With regard to data ownership, it must be stressed in all contractual relationships that the data is owned

by the IDT, unless ownership is vested in the Client through the relevant agreement.

1.3.32 Clients

Lastly, it is desirable for the Client departments and municipalities to have access to view information in

the EPPMS, including access for their advisors, such as the Department of Public Works. In general,

these entities should not be allowed to capture or modify any data.

1.3.33 Other External Users

Other external users will not have access to the PMIS but may receive output reports produced by the

PMIS. This would include entities such as:

National Treasury.

Provincial Treasury.

Auditor-General.

1.3.34 Key Principles

Therefore the following key principles have been accepted by the IDT and these will need to be

applied during the development and implementation of the EPPMS.

Principle 1: The PMIS must be hosted so that IDT-personnel and the identified external parties

can access the application.

Principle 2: All contractual relationships must ensure that the programme / project data is owned

by the IDT, unless ownership is transferred to the Client through the relevant agreement.

It must be stressed that the first principle has already been applied by the IDT for the application used

for the Beneficiary Information Management System (BIMS).



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4.5 Electronic Signature

A key requirement that has emerged is the ability to apply electronic signatures to a programme/project

document in a secure manager that is acceptable to both the IDT and the Auditor-General. This will

improve the authorisation of a document for use in a programme/project as well as create a clear paper

trail. .

The proposed solutions that the IDT can use to implement electronic signatures is as follows:.

A physical hardware device is used to obtain an electronic signature that is then applied to the document,

such as used by the South African Revenue Service (SARS) or some financial institutions. The

hardware medium can either be a tablet, fingerprint scanner or a face recognition device.



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5. CONTRACT DATA

5.1 The appointed Services Provider will enter into a Services Level Agreement (SLA) with the

employer (IDT), for a maximum period of four (4) years including three (3) years maintenance

and support.

5.2 The terms of the contract that will be signed between the parties have been stipulated under

Annexure B “Service Level Agreement” and under section 5 “Contract Data” of this Tender

Document.

5.3 The engagement with the Services Provider will be for the full scope of the EPPMS project as

specified in sections 3.4; 3.5 and 3.6 above; however the IDT will reserve the right to terminated

the contractual engagement with the Services Provider at the end of each stage, in the event

that the project is put on hold or cancelled.

5.4 The IDT will pay the Services Provider for the acceptable work completed per stage. In the event

where the project is put on hold or cancelled, the IDT will not be liable for any payments related

to the remaining work not implemented by the Services Provider.

5.5 In the event where additional professional services are required, on top and above the scope

specified under sections 3.4; 3.5 and 3.6 above, the negotiable hourly rate should not exceed

the latest DPW hourly rates applicable.



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6. ANNEXURE:



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ANNEXURE A: Independent Development Trust Standard Conditions of Tender



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INDEPENDENT DEVELOPMENT TRUST

STANDARD CONDITIONS OF TENDER



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1 General

Actions

1. The Independent Development Trust, Independent Development Trust's

Representative and each bidder submitting a tender shall act as stated in

these Conditions of Tender and in a manner which is fair, equitable,

transparent, competitive and cost-effective.

The Conditions of Tender and the Tender Data shall not form part of any

contract arising from this invitation to tender.

Communication 2. Each communication between the Independent Development Trust and a

bidder shall be to or from Independent Development Trust's

Representative only, and in a form that can be read, copied and recorded.

Communication shall be in the English language. The Independent

Development Trust takes no responsibility for non-receipt of

communications from or by a bidder.

Independent

Development

Trust's rights to

accept or reject

any tender

3. The Independent Development Trust may accept or reject any variation,

deviation, tender, or alternative tender, and may cancel the tender process

and reject all tenders at any time prior to the formation of a contract. The

Independent Development Trust or Independent Development Trust's

Representative will not accept or incur any liability to a bidder for such

cancellation and rejection, but will give reasons for the action. The

Independent Development Trust reserves the right to accept the whole of

any part of any tender.

4. After the cancellation of the tender process or the rejection of all tenders

the Independent Development Trust may abandon the proposed work and

services, have it performed in any other manner, or re-issue a similar

invitation to tender at any time.

2 Bidder's obligations

The bidder shall comply with the following obligations when submitting a

tender and shall:



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Eligibility 1 Submit a tender only if the bidder complies with the criteria stated in the

Evaluation Criteria.

Cost of tendering 2 Accept that the Independent Development Trust will not compensate the

bidder for any costs incurred in the preparation and submission of a tender.

Check documents 3 Check the tender documents on receipt, including pages within them, and

notify the Independent Development Trust's Representative of any

discrepancy or omissions.

Copyright of

documents

4 Use and copy the documents provided by the Independent Development Trust

only for the purpose of preparing and submitting a tender in response to this

invitation.

Standardised

specifications and

other publications

5 Obtain, as necessary for submitting a tender, copies of the latest revision of

standardised specifications and other publications, which are not attached but

which are incorporated into the tender documents by reference.

Acknowledge

receipt

6 Preferably complete the Receipt of invitation to submit a tender form attached

to the Invitation and return it within five days of receipt of the invitation.

7 Acknowledge receipt of Addenda to the tender documents, which Independent

Development Trust's Representative may issue, and if necessary apply for an

extension to the deadline for tender submission, in order to take the Addenda

into account.

Site visit and / or

clarification

meeting

8 Attend a site visit and/or clarification meeting at which bidders may familiarise

themselves with the proposed work, services or supply, location, etc. Details

of the meeting are stated in the Tender Advert.

Seek clarification 9 Request clarification of the tender documents, if necessary, by notifying

Independent Development Trust's Representative earlier than the closing time

for clarification of queries.

Pricing the tender 10 Include in the rates, prices, and the tendered total of the prices (if any) all

duties, taxes (except VAT), and other levies payable by the successful bidder.



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Such duties, taxes and levies are those applicable 14 days prior to the

deadline for tender submission.

11 Show Value Added Tax (VAT) payable by Independent Development Trust

separately as an addition to the tendered total of the prices.

12 Provide rates and prices that are fixed for the duration of the contract and not

subject to adjustment except as provided for in the conditions of contract.

13 State the rates and Prices in South African Rand unless instructed otherwise

as an additional condition in the Tender Data. The selected conditions of

contract may provide for part payment in other currencies.

Alterations to

documents

14 Cannot make any alterations or additions to the tender documents, except to

comply with instructions issued by the Independent Development Trust's

Representative or if necessary to correct errors made by the bidder. All such

alterations shall be initialled by all signatories to the tender. Corrections may

not be made using correction fluid, correction tape or the like.

Alternative tenders 15 Submit alternative tenders only if a main tender, strictly in accordance with all

the requirements of the tender documents is also submitted. The alternative

tender is submitted with the main tender together with a schedule that

compares the requirements of the tender documents with the alternative

requirements the bidder proposes.

16 Accept that an alternative tender may be based only on the criteria stated in

the Tender Data and as acceptable to Independent Development Trust.

Submitting a

tender

17 Submit a tender for providing the whole of the works, services or supply

identified in the Terms of Reference unless stated otherwise as an additional

condition.

19 Submit the tender as an original plus and provide an English translation for

documentation submitted in a language other than English. Tenders may not

be written in pencil but must be completed in ink.



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20 Sign the original and all copies of the tender where indicated. Independent

Development Trust will hold the signatory duly authorised and liable on behalf

of the bidder.

21 Accept that Independent Development Trust will not assume any responsibility

for the misplacement or premature opening of the tender if the outer package

is not sealed and marked as stated.

Note:

Independent Development Trust prefers not to receive tenders by post, and

takes no responsibility for delays in the postal system or in transit within or

between Independent Development Trust offices.

Where tenders are sent per fax, Independent Development Trust takes no

responsibility for difficulties in transmission caused by line or equipment faults.

Where tenders are sent via courier, Independent Development Trust takes no

responsibility for tenders delivered to any other site than the tender office.

Independent Development Trust employees are not permitted to deposit a

tender into the Independent Development Trust tender box on behalf of a

bidder.

Closing time 22 Ensure that Independent Development Trust has received the tender at the

address and in the tender box or fax specified in the Tender Advert no later

than the deadline for tender submission. Proof of posting will not be taken by

Independent Development Trust as proof of delivery. Independent

Development Trust will not accept a tender submitted telephonically, E-mail or

by telegraph unless stated otherwise in the Tender Data.

23 Accept that, if Independent Development Trust extends the deadline for tender

submission for any reason, the requirements of these Conditions of Tender

apply equally to the extended deadline.

Tender validity 24 Hold the tender(s) valid for acceptance by Independent Development Trust at

any time within the validity period after the deadline for tender submission.

25 Extend the validity period for a specified additional period if Independent

Development Trust requests the bidder to extend it. A bidder agreeing to the

request will not be required or permitted to modify a tender, except to the



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extent Independent Development Trust may allow for the effects of inflation

over the additional period.

Clarification of

tender after

submission

26 Provide clarification of a tender in response to a request to do so from

Independent Development Trust's Representative during the evaluation of

tenders. This may include providing a breakdown of rates or Prices. No

change in the total of the Prices or substance of the tender is sought, offered,

or permitted except as required by Independent Development Trust's

Representative to confirm the correction of arithmetical errors discovered in

the evaluation of tenders. The total of the Prices stated by the bidder as

corrected by Independent Development Trust's Representative with the

concurrence of the bidder, shall be binding upon the bidder

Submit bonds,

policies etc.

27 If instructed by Independent Development Trust's Representative (before the

formation of a contract), submit for Independent Development Trust's

acceptance, the bonds, guarantees, policies and certificates of insurance

required to be provided by the successful bidder in terms of the conditions of

contract.

28 Undertake to check the final draft of the contract provided by Independent

Development Trust's Representative, and sign the contract all within the time

required by these Conditions of Tender. The Independent Development Trust

to sign and issue the contract.

Fulfil BEE

requirements

29 Comply with Independent Development Trust’s requirements regarding B-

BBEE, Youth-owned, Disabled-owned and Black Women-owned Suppliers.

3 Independent Development Trust's undertakings

Independent Development Trust, and Independent Development Trust's

Representative, shall:

Respond to

clarification

1 Respond to a request for clarification received earlier than the closing time for

clarification of queries. The response is notified to all bidders.



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Issue Addenda 2 If necessary, issue to each bidder from time to time during the period from the

date of the Invitation until the closing time for clarification of queries, Addenda

that may amend, amplify, or add to the tender documents. If a bidder applies

for an extension to the deadline for tender submission, in order to take

Addenda into account in preparing a tender, Independent Development Trust

may grant such an extension and Independent Development Trust's

Representative shall notify the extension to all bidders.

Return late

tenders

3 Tenders will be deemed late if they are not in the designated tender box at the

date and time stipulated as the deadline for tender submission.

Tender opening 4 Open the tenders in the presence of the bidders’ representatives who choose

to attend at the time and place stated in the Tender Data. Tenders for which

an acceptable notice of withdrawal has been submitted will not be opened.

Non-disclosure 5 Not disclose to bidders, or to any other person not officially concerned with

such processes, information relating to the evaluation and comparison of

tenders and recommendations for the award of a contract.

Grounds for

rejection

6 Consider rejecting a tender if there is any effort by a bidder to influence the

processing of tenders or contract award.

Disqualification 7 Instantly disqualify a bidder (and his tender) if it is established that the bidder

offered an inducement to any person with a view to influencing the placing of

a contract arising from this invitation to tender.

Test for

responsiveness

8 Determine before detailed evaluation, whether each tender properly received

meets the requirements of these Conditions of Tender,

has been properly signed, and

Is responsive to the requirements of the tender documents.

9 Judge a responsive tender as one which conforms to all the terms, conditions,

and specifications of the tender documents without material deviation or

qualification. A material deviation or qualification is one which, in Independent

Development Trust's opinion would

detrimentally affect the scope, quality, or performance of the works,

services or supply identified in the Contract Data,



Page - 76 - of 102

change Independent Development Trust's or the bidder's risks and

responsibilities under the contract, or

affect the competitive position of other bidders presenting responsive

tenders, if it were to be rectified.

Non-responsive

tenders

10 Reject a non-responsive tender, and not allow it to be subsequently made

responsive by correction or withdrawal of the non-conforming deviation or

reservation.

Arithmetical errors 11 Check responsive tenders for arithmetical errors, correcting them as follows:

Where there is a discrepancy between the amounts in figures and in

words, the amount in words shall govern.

If a bill of quantities applies and there is a discrepancy between the rate

and the line item total, resulting from multiplying the rate by the quantity,

the rate as quoted shall govern. Where there is an obviously gross

misplacement of the decimal point in the rate, the line item total as quoted

shall govern, and the rate will be corrected.

Where there is an error in the total of the Prices, either as a result of other

corrections required by this checking process or in the bidder's addition of

prices, the total of the Prices, if any, will be corrected.

12 Reject a tender if the bidder does not accept the corrected total of the Prices

(if any).

Evaluating the

tender

13 Evaluate responsive tenders in accordance with the procedure stated in the

Evaluation Criteria. The evaluated tender price will be disclosed only to the

relevant Independent Development Trust tender committee and will not be

disclosed to bidders or any other person.

Clarification of a

tender

14 Obtain from a bidder clarification of any matter in the tender which may not be

clear or could give rise to ambiguity in a contract arising from this tender if the

matter were not to be clarified.

Acceptance of

tender

15 Notify the Independent Development Trust's acceptance to the successful

bidder before the expiry of the validity period, or agreed additional period.

Providing the notice of acceptance does not contain any qualifying statements,

it will constitute the formation of a contract between Independent Development

Trust and the successful bidder.



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Notice to

unsuccessful

bidders

16 After the successful bidder has acknowledged Independent Development

Trust’s notice of acceptance, unsuccessful bidders must consider their tenders

unsuccessful if not contacted one month after date of tender closure.

Prepare contract

documents

17 Revise the contract documents issued by Independent Development Trust as

part of the tender documents to take account of

Addenda issued during the tender period,

inclusion of some of the tender returnables, and

Other revisions agreed between Independent Development Trust and the

successful bidder, before the issue of the Independent Development

Trust's notice of acceptance (of the tender).

Issue final

contract

18 Issue the final contract documents to the successful bidder for acceptance

within one week of the date of Independent Development Trust's notice of

acceptance.

Sign Contract 19 Arrange for authorised signatories of both parties to complete and sign the

original contract. If either party requires the signatories to initial every page of

the contract documents, the signatories for the other party comply with the

request.

Provide copies of

the contracts

20 Provide to the successful bidder one copy of the contract on the date of

Independent Development Trust's acceptance of the tender.



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ANNEXURE B: Service Level Agreement



Page 79 of 102

SERVICE LEVEL AGREEMENT

made and entered into by and between

THE INDEPENDENT DEVELOPMENT TRUST

TRUST NUMBER: 669/91

_________________________________________

_______________________________________

(Hereinafter referred to as “the IDT”)

and

Company Name

Registration Number: _______

Herein represented by _____________________________ in his capacity as the

__________________________, duly authorised

(Hereinafter referred to as “the Service Provider”)

Service Level Agreement

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PREAMBLE:

WHEREAS the Independent Development Trust (IDT) is a Schedule 2 Major Public Entity, a Government

Development Agency governed by its Deed of Trust, the Public Finance Management Act (Act No. 1 of

1999), as amended by Act of No. 29 of 1999 (PFMA) and other relevant legislative frameworks, reporting

to Parliament through Ministry of Public Works;

WHEREAS the IDT remuneration framework has not been reviewed since 2002. Changes within the

Organization and in the Operating environment necessitate a review of the existing framework to ensure

that the Organization’s remuneration approach is aligned to the market and is consistent with public sector

remuneration;

WHEREAS the IDT wish to appoint a qualified and experienced service provider to develop Remuneration

Strategy, Framework and Policy to guide the remunerating philosophy, approach and practices of the

Organisation;

AND WHEREAS the Service Provider is prepared and has the necessary experience and expertise to

provide the services as independent audit firm, as stipulated in this Agreement.

NOW THEREFORE IT IS AGREED AS FOLLOWS:

1. INTERPRETATION AND DEFINITION

1.1 INTERPRETATION

In this Agreement, unless the context otherwise indicates:-

1.1.1 The headings to clauses of this Agreement are inserted for reference purposes

only and shall not govern or affect the interpretation thereof;

1.1.2 Any annexure to this Agreement will form an integral part hereof and words

and expressions defined in this Agreement shall bear, unless the context

otherwise requires, the same meaning in such annexure;

1.1.3 Unless the context clearly indicates a contrary intention, words importing the

singular shall include the plural and vice versa;


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1.1.4 references to any one gender shall include the other gender and any reference

to a natural person shall include a legal persona and vice versa;

1.1.5 Where the day on or by which anything is to be done is not a business day, it

shall be done on or by the first business day thereafter; and

1.1.6 where any number of days is prescribed in this Agreement, these shall be

reckoned as calendar days, exclusively of the first, inclusively of the last day,

unless the last day falls on a weekend or on a public holiday, in which case the

last day shall be the next succeeding day which is not a weekend or a public

holiday.

1.2 DEFINITIONS

Unless the context indicates otherwise, the following expressions shall bear the meanings

assigned to them and cognate expressions shall bear corresponding meanings:

1.2.1 "the Agreement" means this Agreement, Service Provider’s Proposal, Terms of

Reference and Non-Disclosure Agreement;

1.2.2 “Effective Date” means, notwithstanding the signature date, ___________2018;

1.2.3 “Confidential Information” means information disclosed by the Disclosing Party

that (a) relates to the Disclosing Party’s past, present or future research,

development, business activities, products, services and technical knowledge,

and (b) either has been identified in writing as confidential or is of such a nature

(or has been disclosed in such a way) that it should be obvious to the other Party

that it is claimed as confidential. As used herein, the Party disclosing Confidential

Information is referred to as the “Disclosing Party” and the Party receiving the

Confidential Information is referred to as the “Recipient” or “the Receiving

Participant;


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1.2.4 “Intellectual Property” means intellectual property relating to this Agreement in

the form of any and all technical or commercial information, including, but not

limited to the following: specifications and formulae; know-how, data, systems

and processes; production methods; trade secrets; undisclosed inventions,

financial and marketing information; as well as registered or unregistered

intellectual property in the form of patents, trade- marks, designs, and copyright

in any works, including literary works or computer software programs;

1.2.5 “Project” means development of the Remuneration Strategy, Framework and

Policy, as detailed in the Terms of Reference and Service Provider’s proposal;

1.2.6 “Project Execution Plan” means the approach and methodology contained in

the Service Provider’s proposal and Detailed Execution Plan annexed hereto as

annexure C;

1.2.7 “Project Funds” means the approved professional fees for the execution of the

project;

1.2.8 “Termination Date” means ________ day of _________ 20____;

1.2.9 “VAT” means value-added tax as contemplated in the Value-Added Tax Act’ No

89 of 1991.

2. APPOINTMENT

2.1 The IDT hereby appoints the Service Provider as an independent service provider to

execute the project.

2.2 The Service Provider acknowledges that, notwithstanding any of the IDT’s actions, on

expiry of this agreement the Service Provider will have no expectation of an extension of

whatsoever nature of this agreement.

2.3 The IDT shall co-operate and timeously provide the Service Provider with information that

may be reasonably required for the provision of the Service Provider’s services. This must

exclusively be used for the services as stipulated in this agreement.


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2.4 The Service Provider shall at all times exercise professional and reasonable skill, care

and diligence in the execution of its services under this contract.

2.5 The Service Provider shall perform such other duties, related to this agreement, as may

from time to time be determined by the IDT.

2.6 The Parties agree that the relationship between them will be that of an independent

contractor and the IDT in no way intends an employer/ employee relationship to arise out

of this contract. The provisions of the Labour Relations Act and the Basic Conditions of

Employment Act will not be applicable to this relationship.

3. SCOPE OF WORK

The scope of work is defined under sections 3.4; 3.5; 3.6 and 4 of the tender document

4. DELIVERABLES

The Service Provider must deliver the scope as defined under sections 3.4; 3.5 and 3.6 of the tender

document

5. DESIGNATED REPRESENTATIVE

5.1 The SERVICE PROVIDER shall report the daily operational matters of the implementation

process to the Specialist: Operation Improvements, Ms Yeline Carnero Ferrer

Email: [email protected],

Tel: (012) 845 2186.

5.2 For strategic matter, the SERVICE PROVIDER shall report to the Executive Head-PMSU:-

Email: Steven Ntsandeni,

Tel: (012) 845 2000.

5.3 The Service Provider hereby appoint ___________________ , as a designate person to act

as the representatives and who shall have complete authority to receive instructions and to

give information to the IDT on behalf of the Service Provider.

Email: ___________________,

Tel: ___________________.


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6. CO-OPERATION WITH OTHERS

6.1 The IDT may at its costs and in its own discretion engage such other Service Providers and

specialists as may be necessary for the execution of services supplementary to those

contained in this agreement.

4.2 The Service Provider shall execute its services, duties and obligations in terms of this

agreement in conjunction with any other Service Providers, IDT employees or other

persons and institutions which are providing services to the IDT.

4.3 The Service Provider shall only be responsible for its own performance and the performance

of its employees and/or specialists who have specifically been appointed by the Service

Provider to assist it with its services in terms of the agreement.

7. MANAGEMENT OF SCOPE CHANGE

7.1 On becoming aware of any matter which shall materially change or has changed timing of

the Service Provider obligations, the Service Provider must give immediate written notice

thereof to the IDT.

7.2 In the event the Service Provider identifies a need for a scope change, the Service Provider

will quantify the costs and submit the same to the IDT for consideration and written approval.

7.3 The scope change will be considered by the IDT within 10 (ten) days of submission or within

any reasonable time, by the Service Provider.

7.4 The scope change shall only be valid, if communicated by the authorised representative of

the IDT to the Service Provider in writing.

7.5 The IDT shall not be liable for the performance of additional services without the necessary

written approval as indicate in paragraph 5.4 above.


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8. COMMENCEMENT AND DURATION

8.1 This Agreement will commence on the effective date and shall terminate on the termination

date, where after the Parties may renew this Agreement for such period of time and on such

additional terms and conditions as may be negotiated between them and agreed in writing,

unless this Agreement is terminated prior to such date in terms of clause 6.2 of this

Agreement.

8.2 The Parties may agree to terminate this Agreement at an earlier date by mutual written

consent between them.

6.1 The Parties agree that should this Agreement not be renewed after the termination date, then

the same shall be deemed to have terminated on the Termination Date.

9. TERMINATION

9.1 The parties agree that the IDT may suspend or terminate this agreement or part thereof, at

any time or at any given deliverable or part thereof if the services/deliverables or the progress

reports presented by the Service Provider are not to the satisfaction of the IDT, or if the

services are no longer required.

9.2 Any suspension or termination of this agreement or any deliverable or part thereof, must be

done on not less than ten (10) days written notice to the Service Provider.

9.3 Should this agreement or at any deliverable or part thereof be suspended or terminated in

terms of clause 7.1 above, the IDT shall remunerate the Service Provider for work

satisfactorily completed.

9.4 The IDT may terminate the Agreement on breach of the Agreement as stipulated in Clause

12 below.

10. RESPONSIBILITIES OF THE PARTIES AND SCOPE OF WORK

10.1 The Service Provider


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10.1.3 The Service Provider shall perform the services as more fully detailed in the Terms

of Reference and service provider’s proposal.

10.1.4 The above-mentioned services shall be executed in accordance with the detailed

Project Execution Plan, which is specifically incorporated herein.

10.2 The IDT

7.2.1 The IDT shall be-

7.2.1.1 responsible for providing guidance and necessary instruction to the

Service Provider;

7.2.1.2 payment of the Service Provider’s invoices in accordance with clause

10 of this agreement.

11. PROJECT FUNDS

11.1 The approved project funds for this project is an amount of _________________, VAT

inclusive, but excluding Disbursements for travel and substance outside Gauteng.

11.2 The Service Provider shall be entitled to the payment for disbursement costs, which

disbursements shall be in line with the National Treasury Instruction 01 of 2013/2014,

which introduced cost containment measures in all PFMA compliant institutions.

11.3 The project funds shall be paid to the Service Provider in accordance with clause 12

below.

12. PAYMENTS OF THE SERVICE PROVIDER’S INVOICES

12.1 The Service Provider must provide the IDT with tax invoices reflecting actual services

rendered coupled with any other original supporting documentation or information, as may

be required by the IDT.


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12.2 The tax invoice must include services satisfactory rendered and deliverables completed

in accordance with this agreement, as more fully elaborated in annexure D of the Service

Provider’s proposal.

12.3 The Service Provider’s fees, plus disbursements, if any, shall be billed on completion of

the assignment and payments of the Service Provider’s invoice shall be made within thirty

(30) days of submission of the invoice, unless the invoice is objected in accordance with

clause 12.4 below.

12.4 If any item or part of any item of an invoice submitted by the Service Provider is disputed

by the IDT, the IDT shall give notice thereof with reasons, to the Service Provider within

10 working days.

13. DISPUTE RESOLUTION

13.1 Without detracting from a party’s right to institute action or motion proceedings in the High

Court or any Court of competent jurisdiction in respect of any dispute that may arise out

of or in connection with this agreement, the parties may, by mutual consent, follow the

Mediation and/or Arbitration procedure as set out in clause 13.4 and 13.5 below.

13.2 Notwithstanding any provisions of this agreement, either party may approach any court of

competent jurisdiction without first exhausting the Mediation and/or Arbitration procedure

referred to in this agreement.

13.3 Negotiation

13.3.3 Should any dispute, disagreement or claim arise between the parties (“the

dispute”) concerning this agreement, the parties shall try to resolve the dispute

by negotiation. This entails that one party invites the other party in writing to meet

and attempt to resolve the dispute within 5 (Five) days from the date of the written

invitation.

13.3.4 The Parties undertake to extensively consult with each other in the event of a

dispute and to use their best endeavours to resolve such dispute amongst

themselves without recourse to litigation.


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13.4 Mediation

13.4.3 In the event of any dispute arising between the parties, either party may declare

a dispute by notice to the other party.

13.4.4 Prior to litigation in terms of clause 13.2 above or submission of dispute to

arbitration in accordance with clause 13.5 below, the matter may first be referred

for mediation before the mediator appointed by agreement between the parties

to the dispute and failing an agreement within 10 (ten) business days of the

demand for mediation, then any party to the dispute shall be entitled to forthwith

call upon the President of the Law Society of Northern Provinces to nominate the

mediator.

13.4.5 The mediator shall have absolute discretion in the manner in which the mediation

proceedings shall be conducted.

13.4.6 The mediator shall deliver a copy of his reasoned opinion to each party within

twenty one (21) days of his appointment.

13.4.7 The opinion so expressed by the mediator shall be final and binding on the

parties, unless either party within twenty one (21) days of the delivery of the

opinion, notifies the other party of its unwillingness to accept the said opinion, in

which event the dispute may be referred to arbitration or to any competent court

with jurisdiction.

13.4.8 The costs of mediation shall be determined by the mediator and shall be borne

equally by the parties and shall be due and payable to the mediator on

presentation to them of his written account.

13.5 Arbitration

13.5.3 In the event of the parties, or any of them, failing to accept the ruling of

the mediator, and subject to clause 13.2 above, the matter in dispute may

be referred to arbitration, by written agreement between the parties. The

arbitrator shall at the written request of either party be appointed by the

secretary of the Arbitration Foundation of Southern Africa (“AFSA”). The


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arbitration shall be conducted in accordance with the AFSA Commercial

Rules, which arbitration shall be administered by AFSA.

13.5.4 Should AFSA, as an institution, not be operating at that time or not be

accepting requests for arbitration for any reason, then the arbitration shall

be conducted in accordance with the AFSA rules for commercial

arbitration (as last applied by AFSA) before an arbitrator appointed by

agreement between the parties to the dispute or failing agreement within

10 (ten) business days of the demand for arbitration, then any party to

the dispute shall be entitled to forthwith call upon the chairperson of the

Johannesburg Bar Council to nominate the arbitrator, provided that the

person so nominated shall be an advocate of not less than 10 (ten) years

standing as such. The person so nominated shall be the duly appointed

arbitrator in respect of the dispute. In the event of the attorneys of the

parties to the dispute failing to agree on any matter relating to the

administration of the arbitration, such matter shall be referred to and

decided by the arbitrator whose decision shall be final and binding on the

parties to the dispute.

13.5.5 Any party to the arbitration may appeal the decision of the arbitrator or

arbitrators in terms of the AFSA rules for commercial arbitration.

13.5.6 Nothing herein contained shall be deemed to prevent or prohibit a party

to the arbitration from applying to the appropriate court for urgent relief.

13.5.7 Any arbitration in terms of this clause 13.5 (including any appeal

proceedings) shall be conducted in camera and the Parties shall treat as

confidential details of the dispute submitted to arbitration, the conduct of

the arbitration proceedings and the outcome of the arbitration.

13.5.8 This clause 13 will continue to be binding on the Parties notwithstanding

any termination or cancellation of the Agreement.

13.5.9 The Parties agree that the written demand by a party to the dispute in

terms of clause 13.5.1 that the dispute or difference be submitted to

arbitration is to be deemed to be a legal process for the purpose of

interrupting extinctive prescription in terms of the Prescription Act, 1969.


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13.5.10 The costs of arbitration shall be determined by the arbitrator or AFSA

and shall be borne equally by the parties and shall be due and payable

to the arbitrator on presentation to them of his written account.

13.5.11 Should any one party fail to pay its share of any administration fee or

cost when requested by the AFSA Secretariat, that party shall

automatically be excluded to participate in the arbitration process so

long as that party is in default of payment. Where one party is excluded

by reason of default, the Secretariat will revise the fees payable by the

remaining party to cover all costs and expenses, subject to the right of

the paying party to recover, if so ordered by the arbitrator, from the non-

paying party.

14. BREACH

11.1 If a Party ("Defaulting Party") commits any breach of this Agreement and fails to remedy

such breach within 14 (Fourteen) business days ("Notice Period") of written notice

requiring the breach to be remedied, then the Party giving the notice ("Aggrieved Party")

will be entitled, at its option –

11.1.1 to claim immediate specific performance of any of the Defaulting Party's

obligations under this Agreement, with or without claiming damages, whether or

not such obligation has fallen due for performance and to require the Defaulting

Party to provide security to the satisfaction of the Aggrieved Party for the

Defaulting Party's obligations; or

11.1.2 To suspend further payments to the Service Provider; or

11.1.3 To appoint any other person or persons to complete the execution of the project,

in which event the Service Provider shall be held liable or costs incurred in the

appointment of such Service Provider as well as reasonable costs of the process

of delay; or

11.1.4 to cancel this Agreement, with or without claiming damages, in which case

written notice of the cancellation shall be given to the Defaulting Party, and the


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cancellation shall take effect on the giving of the notice. Neither Party shall be

entitled to cancel this Agreement unless the breach is a material breach. A

breach will be deemed to be a material breach if –

11.1.4.1 it is capable of being remedied, but is not so remedied within the Notice

Period; or

11.1.4.2 it is incapable of being remedied or is not remedied within the Notice

Period, and payment in money will compensate for such breach but

such payment is not made within the Notice Period.

11.2 In the event that either Party commits an act of insolvency or is placed under a provisional

or final winding-up or business rescue, or judicial management order or if either Party

makes an assignment for the benefit of creditors, or fails to satisfy or take steps to have

set aside any judgment taken against it within 14 (Fourteen) business days after such

judgment has come to its notice, then the other Party will be entitled to terminate the

Agreement on written notice.

11.3 The Parties agree that any costs awarded will be recoverable on an attorney-and-own-

client scale unless the Court / Arbitrator specifically determines that such scale shall not

apply, in which event the costs will be recoverable in accordance with the High Court tariff,

determined on an attorney-and-client scale.

11.4 The Aggrieved Party's remedies in terms of this clause 11 are without prejudice to any

other remedies to which the Aggrieved Party may be entitled in law.

15. INTELLECTUAL PROPERTY AND COPYRIGHT

13.1 The Service Provider acknowledges that the IDT may by operation of law become the

owner of the copyright in any work which is eligible for copyright and which is created or

executed by the Service Provider, whether alone or with others, in the course and scope

of its appointment.

13.2 Insofar as it may be necessary, the Service Provider cedes and assigns to the IDT, the

copyright on any work created or executed by it, whether alone or with others, in the

course and scope of its appointment as a Service Provider of the IDT, except for the


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training manuals which were developed by the Service Provider and the Service Provider

has copyright.

13.3 The Service Provider undertakes not to exercise any residuary rights in respect of any

work created or executed by it, whether alone or with others, in the course and scope of

its appointment as a Service Provider of the IDT.

13.4 All work created or executed by the Service Provider and for which copyright exists shall,

unless the Service Provider establishes the contrary, be deemed to have been created or

executed in the course and scope of its appointment as a Service Provider of the IDT.

16. MISCELLANEOUS MATTERS

14.1 Whole Agreement

14.1.1 This Agreement constitutes the whole of the agreement between the Parties

relating to the matters dealt with herein and, save to the extent otherwise provided

herein, no undertaking, representation, term or condition relating to the subject

matter of this Agreement not incorporated in this Agreement shall be binding on

either of the Parties.

14.1.2 This Agreement supersedes and replaces any and all agreements between the

Parties (and other persons, as may be applicable) and undertakings given to or

on behalf of the Parties (and other persons, as may be applicable) in relation to

the subject matter hereof.

14.2 Variations to be in Writing

No addition to or variation, deletion, or agreed cancellation of all or any clauses or

provisions of this Agreement will be of any force or effect unless in writing and signed by

the Parties. The amendment of the Agreement shall be recorded as an addendum to this

Agreement.

14.3 No Indulgences

No latitude, extension of time or other indulgence which may be given or allowed by either


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Party to the other in respect of the performance of any obligation hereunder, and no delay

or forbearance in the enforcement of any right of either Party arising from this Agreement

and no single or partial exercise of any right by either Party under this Agreement, shall

in any circumstances be construed to be an implied consent or election by that Party or

operate as a waiver or a novation of or otherwise affect any of its rights in terms of or

arising from this Agreement or estop or preclude it from enforcing at any time and without

notice, strict and punctual compliance with each and every provision or term hereof.

Failure or delay on the part of either Party in exercising any right, power or privilege under

this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single

or partial exercise of any right, power or privilege preclude any other or further exercise

thereof or the exercise of any other right, power or privilege.

14.4 No Waiver or Suspension of Rights

No waiver, suspension or postponement by either Party of any right arising out of or in

connection with this Agreement shall be of any force or effect unless in writing and signed

by that Party. Any such waiver, suspension or postponement will be effective only in the

specific instance and for the purpose given.

14.5 Provisions Severable

All provisions and the various clauses of this Agreement are, notwithstanding the manner

in which they have been grouped together or linked grammatically, severable from each

other. Any provision or clause of this Agreement which is or becomes unenforceable in

any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other

reason whatever, shall, in such jurisdiction only and only to the extent that it is so

unenforceable, be treated as pro non scripto and the remaining provisions and clauses of

this Agreement shall remain of full force and effect. The Parties declare that it is their

intention that this Agreement would be executed without such unenforceable provision if

they were aware of such unenforceability at the time of execution hereof.

14.6 Continuing Effectiveness of Certain Provisions

The expiration or termination of this Agreement shall not affect such of the provisions of

this Agreement as expressly provide that they will operate after any such expiration or

termination or which of necessity must continue to have effect after such expiration or

termination, notwithstanding that the clauses themselves do not expressly provide for this.


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14.7 Assignment

14.7.1 The Service Provider shall not cede or assign any of its rights and obligations in

terms of this Agreement to any third party without prior written consent of the IDT.

17. CONFLICT OF INTEREST

The Service Provider shall at all times during the execution of the assignment use its best

endeavours to ensure that no action is taken by it or its personnel, agents or sub-contractors which

may result in or give rise to the existence of conditions which are prejudicial to or in conflict with

the best interests of the client.

18. INDEMNIFICATION

To the fullest extent permitted by law, the Service Provider shall indemnify and hold harmless IDT

and its officers, agents and employees from and against any and all claims, actions, damages,

liabilities, injuries, costs, fees, expenses, or losses, including, without limitation, reasonable

attorney’s fees and costs of investigation and litigation, whatsoever which may be incurred by, or

for which liability may be asserted against, IDT or any of its officers, agents or employees arising

out of any activities undertaken by, for, or on behalf of the IDT in the execution or implementation

of this Agreement, including, but not limited to, the performance of any contract or obligation

directly or indirectly related to the project. Such obligation shall not be construed to negate or

abridge any other obligation of indemnification running to IDT which would otherwise exist.

19. DOMICILIA AND NOTICES

17.1 For all purposes arising from or in connection with this Agreement, The Parties hereby

choose as their domicilium citandi et execuntandi for all purposes under this

Agreement whether in respect or court process, notices or other documents of

communications of whatever nature, the following addresses:-

17.1.1 The IDT:


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Glenwood office park

Cnr. Oberon & Sprite Streets

Faerie Glen

Pretoria

South Africa

17.1.2 The Service Provider:

17.2 Either Party may change its domicilium or its address for the purposes of notices to any

other physical address or telefax number by written notice to the other Party to that effect,

provided that such domicilium must be a physical address within the Republic.Such change

of address will be effective 7 (seven) business days after receipt of the notice of the change.

17.3 All notices to be given in terms of this Agreement will be given in writing and will –

17.3.1 be delivered by hand or sent by telefax, and by way of email;

17.3.2 if delivered by hand during business hours, be presumed to have been received

on the date of delivery. Any notice delivered after business hours or on a day

which is not a business day will be presumed to have been received on the

following business day; and

17.3.3 if sent by telefax or email during business hours, be presumed to have been

received on the date of successful transmission of the telefax or email. Any

telefax or email sent after business hours or on a day which is not a business

day will be presumed to have been received on the following business day.

17.4 Notwithstanding the above, any notice given in writing, and actually received by the Party

to whom the notice is addressed, will be deemed to have been properly given and

received, notwithstanding that such notice has not been given in accordance with this

clause 17.

17.5 All notices contemplated under this Agreement must be delivered by hand or sent by

prepaid registered post, in which latter event a notice will be deemed to have been

received by the addressee (s) seven (7) days after the proven date of posting.


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20. SPECIAL CONDITIONS

It is specifically agreed between the parties that before any payment is made, the IDT reserves

the right to verify and satisfy itself that the work has been satisfactory completed.

21. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the applicable laws of the

Republic of South Africa.

22. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE

22.1 From time to time during the execution of this Agreement, Confidential Information may be

given by one Party to this Agreement (“the Disclosing Party”) to the other Party (“the

Recipient”).

22.2 The Receiving Party will treat and keep all Confidential Information as secret and

confidential and will not, without the Disclosing Party’s written consent, directly or indirectly

communicate or disclose (whether in writing or orally or in any other manner) Confidential

Information to any other person other than in accordance with the terms of this Agreement.

22.3 The Receiving Party will only use the Confidential Information for the sole purpose of

complying with its obligations under this Agreement.

22.4 Notwithstanding clause 22.1 (Confidential Information) the Receiving Party may disclose

Confidential Information:

22.4.1 to those of its Agents who strictly need to know the Confidential Information for

the sole purpose set out in clause 22.3 (Confidential Information) provided that

the Receiving Party shall ensure that such Agents are made aware prior to the

disclosure of any part of the Confidential Information that the same is confidential

and that they owe a duty of confidence to the Disclosing Party on the same terms


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as contained in this Agreement. The Receiving Party shall at all times remain

liable for any actions of such Agents that would constitute a breach of this

Agreement; or

22.4.2 to the extent required by law or the rules of any applicable regulatory authority,

subject to clause 20.5 (Confidential Information) below.

22.5 If the Receiving Party is required to disclose any Confidential Information in accordance

with clause 22.4.1 (Confidential Information) above, it shall promptly notify the Disclosing

Party so that the Disclosing Party may have an opportunity to prevent the disclosure

through appropriate legal means and the Receiving Party shall co-operate with the

Disclosing Party regarding the form, nature, content and purpose of such disclosure or any

action which the Disclosing Party may reasonably take to challenge the validity of such

requirement.

22.6 The contents and the existence and the scope of this Agreement are Confidential

Information.

22.7 If any Confidential Information is copied, disclosed or used otherwise than as permitted

under this Agreement then, upon becoming aware of the same, without prejudice to any

rights or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable

notify the Disclosing Party of such event and, if requested by the Disclosing Party, take

such steps (including the institution of legal proceedings) as shall be necessary to remedy

(if capable of remedy) the default and/or to prevent further unauthorised copying, disclosure

or use.

22.8 Notwithstanding whether the Receiving Party uses the Confidential Information in

accordance with this Agreement or not (including modifying or amending the Confidential

Information), all Confidential Information shall remain the property of the Disclosing Party

and its disclosure shall not confer on the Receiving Party any rights of the Disclosing Party

(or its Agents), including Intellectual Property rights, over the Confidential Information

whatsoever beyond those contained in this Agreement.

22.9 Use by the Receiving Party of any Confidential Information in accordance with the terms of

this Agreement will not infringe the Intellectual Property of any other person and no

notification of any actual or potential claim alleging such infringement has been received

by the Disclosing Party.


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22.10 The Receiving Party agrees to ensure proper and secure storage of all Confidential

Information and any copies thereof to at least the same standard as the Receiving Party

keeps its own Confidential Information. The Receiving Party shall not make any copies or

reproduce in any form any Confidential Information except for the purpose of disclosure as

permitted in accordance with this Agreement.

22.11 The Receiving Party shall keep a written record, to be supplied to the Disclosing Party upon

request, of the Confidential Information received and any copies made thereof and, so far

as is reasonably practicable, of the location of such Confidential Information and any copies

thereof.

22.12 Without prejudice to any other rights or remedies of the Disclosing Party, the Receiving

Party acknowledges and agrees that damages would not be an adequate remedy for any

breach by it of the provisions of this clause 20 (Confidential Information) and that the

Disclosing Party shall be entitled to seek the remedies of injunction, specific performance

and other equitable relief for any threatened or actual breach of any such provision buy the

Receiving Party or its Agents, and no proof of special damages shall be necessary for the

enforcement of the rights under this clause 22 (Confidential Information).

22.13 The Receiving Party recognises and acknowledges that the Confidential Information is of

a special, unique and extraordinary character to the Disclosing Party and the System and

the disclosure, misappropriation or unauthorised use of such Confidential Information by

the Receiving Party cannot be fully compensated and that, further, any such disclosure,

misappropriation or unauthorised use of the Confidential Information shall cause

irreparable injury to the Disclosing Party and/or the System. The Receiving Party expressly

agrees, therefore, that the Disclosing Party, in addition to any rights and remedies it may

have under this Agreement or at law or in equity, shall be entitled to seek injunctive and

other equitable relief to prevent the breach, or the further breach, of any of the provisions

of this Agreement. The Receiving Party recognises and acknowledges that the Confidential

Information is of a special, unique and extraordinary character to the Disclosing Party and

the System and the disclosure, misappropriation or unauthorised use of such Confidential

Information by the Receiving Party cannot be fully compensated and that, further, any such

disclosure, misappropriation or unauthorised use of the Confidential Information shall

cause irreparable injury to the Disclosing Party and/or the System. The Receiving Party

expressly agrees, therefore, that the Disclosing Party, in addition to any rights and

remedies it may have under this Agreement or at law or in equity, shall be entitled to seek


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injunctive and other equitable relief to prevent the breach, or the further breach, of any of

the provisions of this Agreement.

22.14 The Receiving Party agrees to reimburse the Disclosing Party for any and all losses,

liabilities, damages, costs, opportunity costs, and direct or indirect expenses (including

reasonable attorney’s fees, profit opportunity returns foregone and any court costs)

incurred by the Disclosing Party as a result of any prima facie breach of this Agreement by

the Receiving Party.

22.15 Notwithstanding whether or not this agreement is renewed, the Receiving Party shall

maintain the Confidential Information in confidence with the terms of this Agreement for a

period of five (5) years from the date of disclosure.

IN WITNESS WHEREOF, the Parties have duly executed this document as of the date first written below.

THUS DONE and SIGNED at PRETORIA on this the ……….day of ____________20____

AS WITNESSES:

1. _________________________ _______________________

For and on behalf of the IDT:

2. _________________________ _______________________

For and on behalf of the IDT:

THUS DONE and SIGNED at _______________ on this ___day of _______________ 20__

AS WITNESSES:

1. ___________________________

2. ___________________________

_______________________

For and on behalf of the Service

Provider:

INVITATION TO TENDER · 2018. 2. 5. · 1.2.10 The Invitation to Tender number is :...

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