request for proposal · 2 days ago · 6.3.2 valid original (or certified) tax clearance...
TRANSCRIPT
REQUEST FOR PROPOSAL
REFERENCE NUMBER SP/071/2020
DESCRIPTION APPOINTMENT OF A PANEL OF LEGAL SERVICES PROVIDERS
CLOSING DATE AND TIME
28 AUGUST 2020 AT 11:00 AM
BRIEFING SESSION NO
PHYSICAL ADRESS SAIPA House, Waterfall Park Vorna Valley Midrand Gauteng 1685
WEBSITE www.saipa.co.za
RFP – SP/071/2020 Page 1 of 6
1. INTRODUCTION
SAIPA™ invites proposals from potential service providers for the following services:
Description
of Services Appointment of a Panel of Legal Services Providers
SAIPA™ is one of the leading accountancy institutes in South Africa with over 10 000 members
and 35 years of experience. SAIPA™ represents qualified Professional Accountants (SA) in
practice, commerce and industry, academia, and the public sector.
SAIPA™ has been a pioneer in the South African economy, contributing to the advancement of
the accountancy profession, influencing legislation, and constantly transforming to keep abreast
of business, financial and social developments in the country and internationally.
SAIPA™ is based in Midrand, Gauteng with regional representatives spread across the country
and remotely interacting with the head office.
2. OBJECTIVE
The objective of this bid is to appoint a panel of suitable, independent law firms that can provide
appropriate legal consulting services to the management of The South African Institute of
Professional Accountants (“SAIPA™”).
SAIPA™ must comply with the provisions of its regulating body, International Federation of
Accountants (“IFAC”), statutory requirements and where possible some of the provisions of the
King Report on Corporate Governance. The suite of services to be rendered must therefore assist
SAIPA™’s management committee to comply accordingly.
SAIPA™ operates in the accountancy sector which has limited regulation, and as a result, it
requires a wide range of legal expertise across the areas of legal specialization. Through its
Company Secretariat office, SAIPA™ outsources certain legal services that require execution by
legal practitioners who are in practice. The SAIPA™ Company Secretariat office will oversee and
manage the services to be performed by the legal firm.
3. ROLE AND OBJECTIVES OF LEGAL SERVICES
The legal service panel will be an independent assessed function within SAIPA™, which will
provide management with a suite of legal services on an ad hoc basis, and at the discretion of
the SAIPA™ management committee.
4. SCOPE OF WORK
The scope of the legal services required relate to, (without limitation), the following areas of the
law:
➢ Information and Communication Technology (ICT) Laws
➢ Administrative Law;
RFP – SP/071/2020 Page 2 of 6
➢ Commercial Law;
➢ Debt Collection
➢ Procurement Law;
➢ Competition Law;
➢ Intellectual Property Law;
➢ Litigation and Dispute Resolution;
➢ Labour Law;
➢ Media Law;
➢ Tax Law;
➢ The Employment Services Act
5. FEES AND PAYMENT
Proposed fee structure based on the following:
o Total annual hours
o Average hourly rate
o Reimbursement costs such as telephone, travel, stationery and printing
6. CONTENT OF THE BID PROPOSAL
The proposal should indicate:
6.1 All relevant perceived strengths and weaknesses of the firm bidding for the services, e.g.
similar previous experience, in-house skills, providing information which will assist SAIPA™
to assess its capabilities, capacity, competitive advantages, etc.
6.2 An organogram or list of partners, managers, specialists and assistants together with the
curriculum vitae of the staff who will be available for the duration of the contract with
SAIPA™. In addition, the team to be appointed to provide legal services to SAIPA™ should:
6.2.1 include, the core team of which should remain constant for the duration of the of the
contracting period.
6.2.2 Any possible staff changes during the course of the contracting period must be done
in consultation with SAIPA™.
6.3 The service provider must supply the following information upon submission of its proposal:
6.3.1 Certification of registration (CIPC)
6.3.2 Valid original (or certified) tax clearance certificate
6.3.3 Details of equity status and BEE initiatives
RFP – SP/071/2020 Page 3 of 6
6.3.4 BBBEE rating certificate issued by a DTI accredited rating agency/authority
6.3.5 Company ownership status
6.3.6 Organisational chart for the firm
6.3.7 Company Profile
7. VALIDITY OF PROPOSALS
The bidder is required to confirm that it will hold its proposal valid for 90 days from the closing
date of the submission of proposals, during which time it will maintain without change the
personnel proposed for the service together with their proposed rates.
8. APPOINTMENT, COMMENCEMENT AND DURATION
The successful bidders will sign a contract with SAIPA™ which will be valid for five (5) years
subject to confirmation on an annual basis by the SAIPA™ management committee based on an
evaluation of the effectiveness of the law firm.
The successful bidder will have limited access to all appropriate information of SAIPA™ required
to execute the required function within the normal working hours of the organisation.
9. PROPOSAL EVALUATION
In broad terms, SAIPA™ will assess proposals based on the technical and financial criteria
indicated above, to ascertain value for money, along with any other specific criteria that may be
deemed pertinent during the selection process. The success of the bid will be determined by the
ability of the firm to competently execute this assignment. The technical and financial components
of the written proposal must be submitted in hard copies to the address listed below.
In more specific terms, the following assessment criteria would be used to evaluate proposal.
Phase 1: Technical Evaluation
CRITERIA SUB-CRITERIA SCALE POINTS WEIGHT
Company
experience • The bidder must
demonstrate
experience in the
fields outlined in
the scope of work
(page 3)
• Bidder should at
least have five (3)
years’ experience
in providing legal
services. (proof
should be in the
Company profile
provided detailing
the company’s
background,
services offered
and experience
offering similar
services
0-15
40
Less than 5 years 16-25
RFP – SP/071/2020 Page 4 of 6
form of reference
letters)
More than 5 years
with reference
letters from both
public and private
sector
26-40
Credentials of
Personnel
Bidder must provide
CVs of key personnel
to be allocated to the
project.
CVs must clearly
indicate personnel’s
qualifications and
experience in law
Only a list of
personnel to be
allocated to the
project
0-10
30
List of personnel
with
comprehensive
CVs detailing
qualifications and
experience
11-20
CVs accompanied
by the firms’ and
partners relevant
professional body
membership and
accreditation
21-30
Experience in
the provision
of legal
consulting of
Non-Profit
Organizations
Appointment
letters/contactable
references from Non-
profit organizations
Less than 3
provided
0-10
15
More than 3
provided
11-15
Ability to meet
the company
requirements
The bidder must
submit a resource plan
as well as demonstrate
that they have the
appropriate tools and
resources to execute
the project
• Organogram
• Turnover fees
for the past
three years.
0-10
15 11-15
TOTAL 100
Phase 2: Price and BBBEE
PRICING & B-BBEE WEIGHT
Proposed fee structure based on the following: 90
RFP – SP/071/2020 Page 5 of 6
• Total annual hours • Average hourly rate • Reimbursement costs such as telephone, travel, stationery and
printing
Preferential points will be awarded to bidders who provide valid proof of their BBBEE status
10
TOTAL 100
SAIPA™ reserves the right not to accept any proposal and/or proposal with the lowest price.
10. CONDITION FOR PROPOSALS
1. All proposals must be submitted electronically to [email protected]
2. Proposals received after the set time (11h00) will be disqualified.
3. The bidder must include a cover letter clearly stating the name of the firm and address
and telephone number of the bidder’s representative.
4. The bidder shall furnish such additional information that SAIPA™ may reasonably require.
5. SAIPA™ will not be liable for any cost incurred in the preparation of the proposal.
6. SAIPA™ may invite bidders for an oral interview/ presentation prior to the approval of a
proposal; however, SAIPA™ will not be liable for the costs incurred by the bidder in
connection with such interview or presentation.
7. SAIPA™ will keep the contents of the application strictly confidential.
8. The information/data provided in this document, together with any subsequent issue of
addenda of information/data is given in good faith for guidance of applicants. No
warranties or representations are given regarding accuracy or completeness of such
information.
11. DOCUMENTS TO BE SUBMITTED
Please complete and submit the following documents, available on our website, as part of your
proposal:
• SDO1: Bid coversheet
• SDO2: Pricing schedule
• SDO3: Certificate of Independent Bid Determination
• SSA1: Supplier application form
• SSA2: Declaration of interests and restrictions
RFP – SP/071/2020 Page 6 of 6
12. SUBMISSION OF PROPOSALS
Closing date: 28 August 2020
Time: 11h00
Submission address: [email protected]
Any enquiries regarding the bidding procedure may be directed to:
Contact Person: Mamosa Maimela
Tel: 011 207 7840
E-mail address: [email protected]
Any enquiries regarding technical information may be directed to:
Contact Person: Dr Gavin Isaacs
Tel: 011 207 7840
E-mail address: [email protected]
SAIPA does not take any responsibility for any procedural and substantive information obtained
from a source other than the above-mentioned official. For more information about SAIPA and
directions to SAIPA offices see website: www.saipa.co.za
13. SPECIAL CONDITION
Bidders who do not have a fully resourced office in Gauteng, will not be considered.
END
SDO1
BID COVER SHEET
Page 1 of 2
Reference Number: SP/071/2020 Closing Date and Time 28 August 2020 Description: Appointment of A Panel of Legal Services Providers Bid documents should be submitted as follows:
All proposals must be submitted electronically to [email protected] Bidders should ensure that bids are submitted timeously to the correct address. If the bid is late, it will not be accepted for consideration. All bids must be submitted on the original forms and not re-typed.
Please complete the following information:
1. Bidder’s details
Name of bidder
Postal address
Physical address
Telephone number
Facsimile number
Email address
Business registration number
Income tax registration number
VAT registration number
SDO1
BID COVER SHEET
Page 2 of 2
2. Tax Clearance Certificate Has an original and valid Tax Clearance Certificate, or an electronic access PIN for a valid online Tax Clearance Certificate been submitted? Yes / No 3. B-BBEE Verification Has a B-BBEE status level verification certificate been submitted? Yes / No
If Yes, who issued the certificate? An Accounting Officer as contemplated in the Close Corporation Act A Verification Agency accredited by the South African Accreditation System (SANAS) A BEE Approved Registered Auditor
___________________________________ Signature of Bidder or Representative ___________________________________ Capacity ___________________________________ Date
Any enquiries regarding the bidding procedure may be directed to:
Contact Person: Mamosa Maimela Tel: 011 207 7840 E-mail address: [email protected]
Any enquiries regarding technical information may be directed to: Contact Person: Dr Gavin Isaacs Tel: 011 207 7840 E-mail address: [email protected]
SDO2
PRICING SCHEDULE
Page 1 of 3
Reference Number: SP/071/2020 Closing Date and Time 28 August 2020 at 11:00 AM Description: Appointment of A Panel of Legal Services Providers Please note:
Offer must be valid for at least 90 days from the closing date of the bid.
A. Rates
It is understood that legal services are based on hourly rates and that budgets are compiled once
the appointed service provider has assessed the likely extent of the work. Financial proposals will
be compared based on hourly rates. Firms are required to submit a table of hourly rates as shown
below. Rates should be inclusive of overheads and VAT. If a category does not exist in the firm it
can be omitted.
Item (where applicable) Hourly Rate in Rand (including overheads and VAT)
Director/Partner
Associate
Candidate Attorney
Legal Assistant
Specialists (e.g. tax, technical)
It is recognised that it is difficult for a prospective bidder to be firm about the extent of the work
based solely on the terms of reference. However, to assist with assessments, a firm must provide
a typical distribution of time for members of the legal team on a job of this nature. This should be
expressed in percentages of the total person-hours billed on a typical job (see table below, which
is indicative only and not binding on the firm).
Item (where applicable) Typical Percentage of Total Hours on Project
Partner
Associate
Candidate Attorney
SDO2
PRICING SCHEDULE
Page 2 of 3
Specialists
Total 100%
Estimated man-days for one-year service
B. Travel and related expenses
Only actual costs are recoverable. Proof of the expenses incurred must accompany certified
invoices.
B.1 Travel expenses
Description of expense to be incurred Rate per kilometer in Rand
As SAIPA only has one office in Midrand, only travel expenses in Gauteng will be considered.
B.2 Other expenses
Other expenses include costs necessarily incurred in delivery of the services (eg.
accommodation, telephone, reproduction costs, etc.). Based on these particulars, certified
invoices will be checked for correctness. Proof of the expenses must accompany invoices.
Description of expense to be incurred Cost base in Rand
SDO2
PRICING SCHEDULE
Page 3 of 3
C. Notice period for commencement
How much notice is required for commencement with the contract/project after acceptance of bid?
_____________________________________________________________________________
D. Quoted period
Are the rates quoted fixed for the full period of contract? Yes / No
If the rates are not fixed for the full period, provide details of the basis on which adjustments will
be applied for (eg. consumer price index adjustments).
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
We hereby confirm that these prices are applicable and that this offer will be valid for at least 90 days from the closing date of the bid. ___________________________________ Signature of Bidder or Representative ___________________________________ Capacity ___________________________________ Date
SDO3
CERTIFICATE OF INDEPENDENT BID DETERMINATION
Page 1 of 3
Please note:
1. This document forms part of all bids invited.
2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging). Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds.
3. As a nonprofit organisation acting in the interest of our members, we are obliged to take all reasonable steps to prevent abuse of the supply chain management system and will therefore:
a. disregard the bid of any bidder if that bidder, or any of its directors have abused the Institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.
b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of the contract.
4. This serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5. In order to give effect to the above, the attached Certificate of Independent Bid Determination must be completed and submitted with the bid.
SDO3
CERTIFICATE OF INDEPENDENT BID DETERMINATION
Page 2 of 3
Certificate of Independent Bid Determination I, the undersigned, in submitting the accompanying bid: ____________________________________________________________________________ (Bid Number and Description) in response to the invitation for the bid made by the South African Institute of Professional Accountants (“SAIPA”) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of (Name of Bidder) ______________________________________________ that:
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 paragraph 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:
a. prices; b. geographical area where product or service will be rendered (market allocation) c. methods, factors or formulas used to calculate prices; d. the intention or decision to submit or not to submit, a bid; e. the submission of a bid which does not meet the specifications and conditions of the
bid; or f. bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates.
SDO3
CERTIFICATE OF INDEPENDENT BID DETERMINATION
Page 3 of 3
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 SAIPA for a period not exceeding ten (10) years.
___________________________________ Signature of Bidder or Representative ___________________________________ Name of Bidder or Representative ___________________________________ Capacity ___________________________________ Date