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12 th October 2016 Request for Proposal CONSULTANTS FOR MAINTENANCE AND SUPPORT OF ORACLE AND DOCUMENTUM Contract N o CDC/699/16

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Page 1: Request for Proposal - Coega

12th October 2016

Request for Proposal

CONSULTANTS FOR

MAINTENANCE AND SUPPORT OF ORACLE AND DOCUMENTUM

Contract No

CDC/699/16

Page 2: Request for Proposal - Coega

Coega Development Corporation ICT, Research & Strategy

DOCUMENT INFORMATION SHEET

Copyright

All rights reserved. No part of this document may be reproduced or distributed in

any form or by any means, electronic, mechanical, photocopying or recording

or otherwise, or stored in a database or retrieval system, without the prior

written permission of the Coega Development Corporation (Pty) Ltd.

Title of Report : Consultants for Maintenance and Support of Oracle and Documentum

Type of Report : Request for Proposal

Contract No. : CDC/699/16

Prepared by : Lunga Makeleni

Typed by : Lunga Makeleni

Business Unit : ICT, Research and Strategy

Prepared for : Bid Specification Committee

Date of Issue : 12 October 2016

This document, and the information or advice which it contains, is provided by the CDC-Services Business Unit solely for the use by the Dept of Health and the Coega Development Corporation (Pty) Ltd and for reliance by its Executive Management and the Board in performance of that Business Unit’s duties.

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Coega Development Corporation ICT, Research& Strategy

DOCUMENT CONTROL SHEET

PROJECT NAME : Consultants for Maintenance and Support of Oracle and Documentum

DOCUMENT TITLE : Request for Proposal

DOCUMENT No. : CDC-IRS-RFP-002-16

SIGNING OF THE ORIGINAL DOCUMENT

We, the undersigned, accept this document as a stable work product to be placed under formal change control as described by the Change Control Procedure document ORIGINAL Prepared by Reviewed by Approved by

Date: 12 October 2016

Name: Lunga Makeleni

Name: Magama Makgamatho

Name: Monde Mawasha

Signature: Signature:

Signature:

Distribution: CDC, Bidders.

REVISION CHART

REVISION 1 Name: Name:

Name:

Date: Signature: Signature: Signature:

REVISION 2 Name:

Name:

Name:

Date:

Signature: Signature: Signature:

REVISION 3 Name:

Name:

Name:

Date:

Signature: Signature: Signature:

This document, and the information or advice which it contains, is provided by the Zone Operations Functional Area solely for the use by the Coega Development Corporation (Pty) Ltd and for reliance by its Executive Management and the Board in performance of that Functional Areas duties.

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Coega Development Corporation ICT, Research& Strategy

REQUEST FOR PROPOSAL

Consultants for Maintenance and Support of Oracle and Documentum CONTRACT NO. CDC/699/16

INVITATION AND SCOPE OF WORK

The Coega Development Corporation (CDC) is inviting capable and competent Service Providers to

respond to the Request for Proposal for the provision of third-level support and maintenance for Oracle

and Documentum (document management system).

The organisation has largely implemented two major enterprise systems – Oracle and Documentum. Both

Documentum and Oracle systems are internally operational.

Due to the criticality of these systems, there is a need to have third-level support from and experienced

service provider to complement the current internal functional team.

Therefore, CDC requires the services of a service provider that has extensive knowledge of Oracle

applications, Oracle database and Documentum as well as a proven record of third-level support provision

and maintenance for Oracle and Documentum. This includes daily routine system support and system

enhancement requested for Oracle and Documentum environment. CDC acknowledges that the two are

fundamentally different but for the sake of this engagement they are buckled as one process under their

current existing Centre of Excellence Model.

CONDITIONS a) Preference will be given to respondents who have the necessary expertise to provide third level

support for Oracle and Documentum.

b) Preference will be given to respondents who comply with the CDC’s Procurement Policy and

Procedures.

c) Preferential Procurement Policy Framework Act (PPPFA) principles shall apply, whereby

submissions will be evaluated according to the provisions of that Act and the Public Finance

Management Act (PFMA) Sections 36 and 49.

The Coega Development Corporation (CDC) is a state-owned multi-services organisation based in Port

Elizabeth, Eastern Cape, with a primary focus on ensuring economic development. The CDC attracts

local and foreign investment into the Coega Industrial Development Zone (IDZ) and the Nelson

Mandela Bay Logistics Park (NMBLP); conceptualises and develops complex, multi-disciplinary

projects; and provides programme management, strategic advisory, economic research and human

capital services. It manages the entire development and service provision through innovative

approaches that combine multi-disciplinary skills.

ii

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Coega Development Corporation ICT, Research& Strategy

d) Bidders must submit a valid BBBEE Verification Certificate from SANAS Accredited Verification

Agency / Registered Auditor approved by IRBA.( in case of JV a consolidated BBBEE certificate

must submitted ) The Qualifying Small Enterprise (QSE) and Exempted Micro Enterprises (EME)

must submit a sworn affidavit confirming the Company Annual Total Revenue and level of black

ownership.

e) Functionality will be used to evaluate bidders and only bidders who achieved a minimum threshold

of 70% will be further evaluated.

f) The bids will be scored as follows:

Price - 90, BBBEE Score - 10.

Request for Proposal documents shall be collected at no cost from the Coega Business Centre, Cnr

Alcyon Road and Zibuko Street, Zone 1, Coega IDZ, Port Elizabeth, from Monday 21st November 2016 at 10:00 and can be downloaded on the CDC website: www.coega.com.

A mandatory briefing meeting will be held at 10h00 on Thursday 24th November 2016at the CDC

offices situated at the Coega Business Centre, Cnr Alcyon Road and Zibuko Street, Zone 1, Coega IDZ,

Port Elizabeth.

One original completed RFP document shall be placed in a sealed envelope clearly marked:

“CDC/699/16 Consultants for Maintenance and Support of Oracle and Documentum”. The closing

date and time for the receipt of completed RFP documents is Tuesday 06th December 2016. Bids are to

be placed in the tender box at the reception desk of the Coega Business Centre, Cnr Alcyon Road and

Zibuko Street, Zone 1, Port Elizabeth. No late submissions will be considered and bids will not be opened

in public.

Failure to provide mandatory requirements required in this RFP will result in the submissions being

deemed null and void and shall be considered non-responsive.Proof of Registration with Treasury’s Centralised Suppliers Database i.e. CSD Registration Number MUST be provided, a registration report which reflects the registration number is needed for verification purposes.

Telegraphic, telexed, facsimiled or e-mail submissions will not be accepted.

No telephonic or any other form of communication relating to this bid will be permitted with any other CDC

member of staff other than with the named individual stated below.

Andile Ntloko, Unit Head: Supply Chain Management; E-mail: [email protected]

The CDC reserves the right not to accept the lowest proposal in part or in whole or any proposal.

iii

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RESPONDENT’S INFORMATION SHEET This form MUST be filled in by all respondents to this RFP and included as the third page of the Proposal, i.e. after the cover page.

Contract No. CDC/699/16

Description of Contract Consultants for Maintenance and Support of Oracle and Documentum

Name of Organisation / Joint Venture /

Consortium

Physical Address

Postal Address

Contact Name

Email Address

Telephone Number

Fax Number

Cell Number

iv

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TABLE OF CONTENTS

1 INTRODUCTION AND BACKGROUND ............................................................................................ 1

2 PROJECT SCOPE AND DELIVERABLES ........................................................................................ 2 2.1 Scope ........................................................................................................................................ 2 2.2 General Deliverables ................................................................................................................ 3

3 PREPARATION OF SUBMISSION .................................................................................................... 3

4 ASSESSMENT CRITERIA ................................................................................................................. 4

5 INSTRUCTIONS TO BIDDERS .......................................................................................................... 9 5.1 Terms and Conditions ............................................................................................................... 9

5. DISQUALIFICATION ........................................................................................................................ 10

6. COPYRIGHT ..................................................................................................................................... 10

7. CONFIDENTIALITY AND MEDIA PROTOCOL ............................................................................... 10

8. ANNEXURES .................................................................................................................................... 11 ANNEXURE A: FORM A3: COMPULSORY DECLARATION OF INTEREST FORM.................. 11 ANNEXURE B: SBD8 FORM ............................................................................................................ 13 ANNEXURE C: CERTIFICATE OF INDEPENDENT BID DETERMINATION .................................. 15 ANNEXURE D: COST SHEET ......................................................................................................... 18

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Coega Development Corporation ICT, Research & Strategy

1 INTRODUCTION AND BACKGROUND The organisation has largely implemented two major enterprise systems – Oracle and

Documentum. Both Documentum and Oracle systems are internally operational

Due to the criticality of these systems, there is a need to have third - level support from an

experienced service provider to complement the current internal functional team. This therefore

calls for a need to procure a service provider who will assist the organisation with provisioning of

Documentum and Oracle third-level support. The following are expertise required:

- Extensive knowledge of Oracle applications, Oracle database and Documentum

(document management system); and

- Proven record of third level support provision.

The Centre of Excellence (CoE) Model has been adopted as the best standard to run Coega

Applications Systems Support and Maintenance. The fundamental reason for this adoption was to

ensure seamless transfer of skills from multiple projects to CDC internal staff, build in-house ICT

competencies and to integrate the diverse and specialised skill sets that are required to ensure

seamless operation of all Application Systems that are in place.

As per the CoE Model adopted, the organisation manages its support and maintenance following a

three-level support approach. The approach is as follows:

Level 1 – Help Desk Operator

- In-house support

- This function manages the calls that come from users.

- They serve as intermediary structure for support calls.

- They further serve as a first point of contact to issue resolutions. They constantly

remain the face to our client.

- Allocate calls to the second level of support.

Level 2 – Functional Analyst vs Technical Analyst

- In-house support

- All functional and technical application support and maintenance is performed by this

level.

- Level 2 get allocated queries by the first level of support and go extra miles to fix

them.

- Only when issues are technically beyond their capabilities, they escalate to third level

of support.

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- Deals directly with Oracle and Documentum support through vendors support

structure systems e.g. metalink.

Level 3 – Consultant/Service Provider

- Fully outsourced.

- Governed by a Third Party Service Level Agreement.

- They are specialist in the field of study.

- Technically and functionally capable.

- They have all the skills required to troubleshoot any issues coming forth.

- They only deal with issues that second-level support can’t handle.

- Diverse technical and functional knowledge within their area of study.

2 PROJECT SCOPE AND DELIVERABLES

2.1 Scope The scope includes the provision of third level support for Oracle and Documentum. The

support will be required as and when the internal functional team experience system issues/

bugs they are unable to resolve.

The retainer fees for requisite skills will be paid on a month to month basis. The following are

the expected services to be provided by the service provider.

a) Oracle eBusiness Suite and Documentum Applications, third - level support for the

following modules:

• Oracle e-Business suites version 12.1.10

o Oracle Financials (Account Receivables, Account Payables, General Ledger,

Cash Management, Procurement);

o Oracle HRMS (Core HRMS, Absence Management, Performance;

o Management System, Compensation Workbench, Oracle Learning

Management);

o Oracle HR Self Service;

o Oracle Payroll;

o Oracle Property Management;

o Oracle Fixed Assets;

o Oracle Discoverer; and

o Application Desktop Integrator (ADI)

• Documentum version 6.6

o Documentum – Document Management System;

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o Documentum input Accel;

o Documentum Client for Outlook (DCO); and

o Documentum Microsoft Integrator

b) Advanced Oracle database support for both Documentum and the Oracle ERP

Application;

c) Advanced Documentum and Oracle System Administrator Support.

d) Continuous advice on Oracle and Documentum best practises;

e) Continuous advices on Oracle and Documentum enhancement and required

modifications;

f) Knowledge of Linux Operating System; and

g) Knowledge of Insight Oracle reporting

2.2 General Deliverables

General Deliverables that the CDC expects from the Service provider are as follows:

• Designated specialist staff identified in the proposal must have proven success,

capability and appropriate experience and skills in Systems Support.

• CDC encourages the involvement of Historically Disadvantaged Individuals in order

to broaden access to the ICT technology and management field.

• Overall Oracle and Documentum third level support and services utilising industry

best practice and methodologies;

• In conjunction with our internal managed services team, service provider will be

expected to manage and advice on Oracle ERP Hardware environment;

• Ensure that Oracle and Documentum Software and Operating Systems are kept up

to date for smooth System Operation;

• Protect Systems against malicious agents;

• Ensure Proper Backups procedures for the Oracle and Documentum systems;

• Ensure that proper Disaster Recovery Plans for both applications are in place;

• Ensure that Oracle and Documentum related procedures are in place;

• Continually advice the CDC on both Oracle and Documentum trends and

innovation;

• Application patching and management of change request;

• Ensure comprehensive application modification and enhancement;

• Preferred service provider will be expected to sign SLA with Coega; and

• Continuous skill transfer to Coega internal functional team and key users.

3 PREPARATION OF SUBMISSION

The following items are to be submitted by Respondents:

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(a) Completed Respondent’s information sheet;

(b) Valid original Tax Clearance Certificate(s);

(c) Proof that your company is accredited in providing Oracle and Documentum support.

(Partnership letter with Oracle or/and EMC).

(d) Completed and signed Declaration of Interest Register;

(e) Must provide a full list of at least three contactable references of projects that have been

executed within the past 3 years and those that the respondent is currently busy with. The

list must reflect the Client Details, Name of project, Nature of work carried out; Location,

Amount, Start and end date.

(f) All the forms attached to the RFP to be completed and returned with the proposal.

4 ASSESSMENT CRITERIA

Respondents must address all mandatory requirements. Failure to provide any mandatory

information required in this bid will result in the submission being deemed null and void and shall

be considered non-responsive.

The following criteria will be used in assessing the responsiveness of the bids:-

Table 1: Mandatory Requirements Submitted

ITEM NO.

DESCRIPTION

(1) Valid Tax Clearance Certificate; or Confirmation of Tax Compliance Status with SARS (Please

provide personal identification number (pin) obtained from SARS;

(2) Signed Attendance Register at the mandatory briefing meeting.

(3) Signed letter of intent to enter into Joint Venture/Consortium. To be signed by all parties (Where

applicable)

(4) Authority of Lead Partner to sign JV/Consortium documents. To be signed by all parties in the JV

(Where applicable).

(6) Completed and Signed Financial Proposal

(7) Completed and signed Certificate of Independent Bid Determination (SBD 9) (Annexure D).(in

case of a Joint Venture/Consortium, a separate Certificate of Independent Bid Determination in

respect of each party to the JV must be completed and submitted.

(8) Completed and Signed Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8)

(in case of a Joint Venture/Consortium, a separate SBD 8 in respect of each party to the JV must

be completed and submitted (Annexure C).

(9) Completed and signed Declaration of Interest Register (in case of a Joint Venture/Consortium, a

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separate declaration of interest form in respect of each party to the JV must be completed and

submitted) (Annexure B).

(10) Proof of Registration with the Treasury’s Centralised Suppliers Database i.e. CSD Number

(11) Access/Ownership (availability) of plant and equipment in case of hiring key plant, letter of

confirming the willingness of the hirer to hire equipment to the bidder.

(12) Record of previous projects of similar nature and contact persons, to a minimum of three (3).

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Table 2: Additional information required

Submitted ITEM NO.

DESCRIPTION

(1)

Bidders must submit a valid BBBEE Verification Certificate from SANAS Accredited Verification

Agency / Registered Auditor approved by IRBA.( in case of JV a consolidated BBBEE

certificate must submitted ) The Qualifying Small Enterprise (QSE) and Exempted Micro

Enterprises (EME) must submit a sworn affidavit confirming the Company Annual Total

Revenue and level of black ownership.

(2)

Proof of relevant or applicable accreditations and/or professional registration certificates

applicable and/or relevant in the respective trades or fields.

(3)

(i) Provide at least three (3) contactable references for which third-level support for

Oracle and Documentum was provided.

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Table 3: Functionality Scoring Criteria

ANNEXURE A – FUNCTIONALITY SCORING SCHEDULES

# Functionality criteria Sub-criteria

Requirements Description Weighting

(%) 1 Demonstrated experience (past performance) in

comparable projects (e.g. Detail of Previous Projects with similar requirements implemented in South Africa including contactable references)

50

This criterion covers the experience and knowledge that the service provider has on Oracle Application. Service providers are to provide details of projects that they have executed/awarded in the past 10 years. Details of contactable references for each project listed MUST be included. Bidders MUST provide the company profile and at least three traceable client references.

2 Qualifications, competency and experience of the key staff/ personnel who will be available to manage the execution of the project.

50 The bidders are to provide information that covers the level of education and training and the positions held of the key staff /personnel (Support Manager, Principal Consultant - Financials. Principal Consultant – Payroll, Principal Consultant - Property Manager, Oracle Technical Support, Principal Consultants Documentum and Oracle Apps DBA) Please provide copies of qualifications.

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Table A1: Functionality Criteria

Table A2:- FUNCTIONAL CRITERIA SCORE The Functional Criteria Score allocation is fully described in Table A1 (attached Annexure A), and the scoring indicators for functionality scoring is detailed in Table A2. The description of each of the functionality criteria is described in detail and comments/documentation/description on the information that is required from the bidders is listed. Minimum combined weighted threshold must equal (70%) for further consideration of the tender. The total score is 100%

Functionality criteria Sub-criteria Evaluation Indicators

Poor (25%) Satisfactory (50%) Good (75%) Very Good (100%) 1 Demonstrated experience (past

performance) in comparable projects (bidders must attach the completion certificate or reference letter confirming past performance in performing in activities on Oracle.

Value of single projects completed in last 3 - 5years less than R 0.00 to R 250 000

Value of single project completed or awarded in last 3 - 5years > R 250 000 but < R 500 000

Value of single project completed or awarded in last 3 - 5years of > R 500 000 but < R 1 Million

Value of single project completed or awarded in last 3 -- 5years of > R 1 Million < R 2 Million

2 Qualifications, competency and experience of the key staff personal who will be available to manage the execution of the project (Average score) (Support Manager, Principal Consultant - Financials. Principal Consultant – Payroll, Principal Consultant - Property Manager, Oracle Technical Support, Principal Consultants Documentum and Oracle Apps DBA)

Less than two years in relevant field or No formal training and no technical training or trade certification

2 - 5 years’ experience in relevant field and/or National Diploma in relevant field and/ or Artisan/relevant certificates

6 - 9 years relevant experience in relevant field and/or Degree in relevant field

10 or more years’ experience in relevant field and/or BSc/BTech in relevant field

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5 INSTRUCTIONS TO BIDDERS

5.1 Terms and Conditions

(a) Proposals must be received by the CDC no later than 12H00 on Tuesday, 06th December 2016. Any documents received after the closing time will not be considered. The CDC

reserves, under exceptional circumstances, the right to extend the closing date. All

proposal documents and all subsequent information received from Respondents will

become the property of the CDC and will not be returned.

(b) The CDC reserves the right to negotiate the content of the RFP, the scope of services,

including the team composition and the financial terms.

(c) The CDC reserves the right not to accept any proposal.

(d) Submission of any proposal documents by a Respondent, and all the subsequent opening

and adjudication process, does not represent a commitment on the part of the CDC to

proceed further with that or with any Bidder.

(e) The CDC will not accept any responsibility for costs incurred by Bidders in preparing and

submitting proposal.

(f) The CDC reserves the right:-

(i) Not to appoint some or all in the event it deems proposal submission not

appropriate;

(ii) Appoint more than one entity in the event that it deems it appropriate; and

(iii) To engage in processes to validate all claims made in the RFP.

(g) The respondent shall comply fully with the Requirements of this RFP but may propose

modifications and/or alternatives, which enhance the process from either a technical,

financial or programme/schedule perspective. Any particular experience and expertise

that a respondent offers which will enhance the process will be given due consideration in

the evaluation of the proposal document.

(h) The respondent shall treat as confidential all documentation, reports and drawings which

are prepared pursuant to this RFP. If any outside party should request information, the

respondent shall report the request in writing to the CDC.

(i) Designated specialist staff identified in the Proposal must have proven success, capability

and appropriate multi-disciplinary experience and planning skills.

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6. DISQUALIFICATION

The following criteria will be used to determine whether a Bidder shall be disqualified:-

(a) Bidder that sought to influence the adjudication process;

(b) Collusion among bidders;

(c) Misrepresentation of information;

(d) Any service provider or its principals (or both) who have engaged in corrupt and fraudulent

practices, not only with the CDC but anywhere else;

(e) Bidder who has a pending liquidation, bankrupt/insolvent (actually or commercially);

(f) Poor past performance (the focus is on gross poor performance and a clear trend of poor

performance needs to be established).

(g) Inadequate experience in providing consultancy services for Oracle and Documentum.

7. COPYRIGHT

Copyright of this Document is vested in the CDC. It cannot be copied, in whole or in part, in any form or

in any format without the prior written consent of the CDC.

8. CONFIDENTIALITY AND MEDIA PROTOCOL

Any information relating to the submissions, through the process or otherwise shall be treated in strict

confidence. The CDC reserves the right to announce the names of Bidders in the media.

In submitting the bid, a Bidder shall not be entitled to any information disclosed by another applicant to

the CDC, which the CDC has determined to be confidential.

The content and details of the evaluation of submissions will remain confidential to the CDC.

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9. ANNEXURES

ANNEXURE A: FORM A3: COMPULSORY DECLARATION OF INTEREST FORM

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3: CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6: Record of association with CDC member of Staff/Board

If any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a

company or close corporation has an association with a CDC member of staff or member of Board, a relative of a

CDC member of staff or member of Board please provide information below: An Association is defined as: a

business or personal relationship between a group of people or organizations joined together for a purpose.

Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

Name of the CDC member of staff or Board

Type of relationship (tick appropriate column)

Family Friend

*insert separate page if necessary

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FORM A3: COMPULSORY DECLARATION OF INTEREST FORM (continued)

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:

i) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other

person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of

Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

ii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise,

control over the enterprise, has within the last five years been convicted of fraud or corruption;

iii) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender

offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of

work that could cause or be interpreted as a conflict of interest; and

iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my

belief both true and correct.

Signed

Date

Name

Position

Enterprise

name

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ANNEXURE B: SBD8 FORM

SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES In the case of a joint venture/consortium, a separate SBD8 form in respect of each party to the joint venture / consortium must be completed and submitted. 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 its database were informed in writing of its restriction by National Treasury after the audi alteram partem rule applied).

Yes

No

4.1.1 If so, furnish particulars:

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

Defaulters in terms of Section 29 of the Prevention and Combating

of Corrupt Activities Act (No 12 of 2004)? To access the Register enter the National Treasury’s

Yes

No

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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

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law

(including a court outside of the Republic of South Africa) for fraud

or corruption during the past five years?

Yes

No

4.3.1 If so, furnish particulars:

4.4 Was any contract between the bidder and any organ of state

terminated during the past five years on account of failure to

perform on or comply with contract?

Yes

No

4.4.1 If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)……………………………………………. CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

Signature

Date

Position

Name of Bidder

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ANNEXURE C: CERTIFICATE OF INDEPENDENT BID DETERMINATION

SBD 9 1 This Standard Bidding Document (SBD) must form part of all bids¹ invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement

between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties

in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe

se prohibition meaning that it cannot be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all

reasonable steps to prevent abuse of the supply chain management system and authorizes accounting

officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution’s

supply chain management system and or committed fraud or any other improper conduct in

relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed any

corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when

bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be

completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

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SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________ (Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________ (Name of Institution)

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

I certify, on behalf of:_______________________________________________________that: (Name of Bidder)

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

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

and complete in every respect;

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

of the bidder;

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

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

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

“competitor” shall include any individual or organization, other than the bidder, whether or not

affiliated with the bidder, who:

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

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

qualifications, abilities or experience; and

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

business as the bidder

SBD 9

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

communication, agreement or arrangement with any competitor. However communication between

partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

(a) prices;

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

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

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

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

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

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

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

the products or services to which this bid invitation relates.

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

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

the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

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

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

Competition Commission for investigation and possible imposition of administrative penalties in

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

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

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

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

………………………………………………… …………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder

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ANNEXURE D: COST SHEET

Year 1 Key Roles Required Projected Monthly Hours

Projected Monthly Retainer Hours

Monthly Proposed Cost

Annual Proposed Cost

Support Manager 4 4

Principal Consultant - Financials 40 10

Principal Consultant - HRMS 10 4

Principal Consultant - Payroll 10 4

Principal Consultant - Property Manager 10 4

Oracle Technical Support 36 10

Principal Consultants Documentum 36 10

Oracle Apps DBA 10 4

Total 156 50

Year 2

Key Roles Required Projected Monthly (Approved Timesheet)

Projected Monthly Retainer Hours

Monthly Proposed Cost

Annual Proposed Cost

Support Manager 0 2

Principal Consultant - Financials 0 10

Principal Consultant - HRMS 0 4

Principal Consultant - Payroll 0 4

Principal Consultant - Property Manager 0 4

Oracle Technical Support 0 10

Principal Consultants Documentum 0 12

Oracle Apps DBA 0 2

Total 0 48

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ANNEXURE D COST SHEET CONTINUE

Annual Projection Projected Monthly Hours Projected Monthly Cost Projected Annual Cost

Year 1

Year 2

Total Cost/ Hours

………………………………………………… …………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder

Name of Tenderer : .…………………………………………………………………………………...……..………………………………………………………..…….

Total Price inclusive of Value Added Tax: R……………………………………..…………………………………………………………………………………….. Amount in Words ..………..………………………………………….…………………………………………………………………………………………………….. ……………………………………..…………………………..……………………………..………………………………………………………………………………… Contract Period (in months) ………...………..…………………………………………………………………………………………………………………………..

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17 JANUARY 2013

EVALUATION AND SCORING OF TENDER OFFERS ON

EMPOWERMENT OBJECTIVES AND PRICE

Work Instruction No

TGP 07: 2013

REV 07

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Coega Development Corporation Coega IDZ and Port Procurement Zone Development and Operations We, the undersigned, accept this document as a stable work product to be placed under formal change

control as described by the Procedure CDC-OP-PRO-002-08 Procedure for Management of Controlled

Documents.

This document, and the information or advice which it contains, is provided by the Safety, Health and Environment Business Unit solely for use by the Coega Development Corporation (Pty) Ltd and for reliance by its Executive Management and the Board in the performance of that Business Unit’s duties.

CDC-OP-FOM-080-12 i 17/01/2013

Prepared by Reviewed by Approved by

Date:

Name: Luvuyo Matya

Name: Andile Ntloko

Name: Bongeka Jojo

Signature: Signature: Signature:

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Coega Development Corporation Coega IDZ and Port Procurement Zone Development and Operations

TABLE OF CONTENTS

ACRONYMS ................................................................................................................... 1

1 INTRODUCTION ....................................................................................................... 1

2 APPLICABLE DOCUMENTATION ........................................................................... 1

3 DEFINITIONS AND INTERPRETATIONS ................................................................. 2

4 TENDER ADJUDICATION POINTS .......................................................................... 5

5. DETERMINATION OF RESPONSIVENESS OF BIDDERS…………………………...7

6. THE QUANTITIATIVE ASSESSMENT……………………………………………..........9

7. GUIDELINES WHEN FUNCTIONALITY IS USED IN THE EVALAUTION PROCESS………………………………………………..…………….. ……………..…10

8. DISQUALIFIERS DURING EVALUATION STAGE……………………….………..10

9 DOCUMENTATION TO BE SUBMITTED IN SUPPORT OF TENDER ................... 11

10 VALIDITY OF PREFERENTIAL REGISTRATION AFFIDAVIT .............................. 12

11 PROOF OF CONTRACTUAL ARRANGEMENT .................................................... 12

12 OUTSOURCING OF WORKS ................................................................................. 13

13 COMPLIANCE WITH LEGISLATION ..................................................................... 13

14 SUBSTITUTION OF PREFERENTIAL GROUP DURING CONTRACT PERIOD ... 14

15 RECORDING AND REPORTING BY THE CONTRACTOR ................................... 14

CDC-OP-FOM-080-12 ii 17/01/2013

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Coega Development Corporation Coega IDZ and Port Procurement Zone Development and Operations ACRONYMS

ABE = Affirmable Business Enterprise

ABVA = Association of BEE Verification Agencies

BBBEE = Broad-based Black Economic Empowerment

BEE = Black Economic Empowerment

EME = Exempted Micro Enterprises

CDC = Coega Development Corporation (Pty) Ltd

CIDB = Construction Industry Development Board

LEP = Local Enterprise Participation

PPPFA = Preferential Procurement Policy Framework Act

SMME = Small, Medium and Micro Enterprises

WEO = Women Equity Ownership

1 INTRODUCTION

This Specification, TGP 07:2013: Tender Offer Evaluation and Scoring shall form the basis for

determining how this tender will be evaluated and scored more particularly with respect to

achievement of Empowerment Objectives and the Tendered Price.

This Specification was developed and adopted by the Coega Development Corporation Pty Ltd

(CDC) to ensure that Broad Based Black Economic Empowerment (B-BBEE) is meaningfully

progressed and that individuals with B-BBEE status, specifically from the Eastern Cape, participate

meaningfully during the execution of contracts awarded by the CDC for the development of the

Coega IDZ and on projects that the CDC implements on behalf of other entities.

2 APPLICABLE DOCUMENTATION

This Specification is to be read together with following applicable documents:

(a) Preferential Procurement Policy Framework Act (PPPFA);

(b) Broad-based Black Economic Empowerment Act (B-BBEE);

(c) CDC’s Procurement Policy & Procedures;

(d) Construction Industry Development Board’s (CIDB’s) Code of Conduct; and

(e) Public Finance Management Act (PFMA).

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3 DEFINITIONS AND INTERPRETATIONS

(a) Affiliated Business: A business entity which has control of or the power to control another

business entity, albeit indirectly, e.g. where a third person has control of or has the power to

control both entities. Indicators of control shall, without limitation, include interlocking

management or ownership, identity of interests among family members, shared facilities and

equipment, or common use of employees.

(b) Accredited Verification Agencies: Enterprises that have been accredited by SANAS and

ABVA on behalf of the DTI to provide an independent opinion on the broad-based economic

empowerment status of enterprises.

(c) Assignment Value: The total Rand value of the money charged to the CDC by a Service

Provider for services rendered to the CDC following a duly authorised appointment to do so

by the CDC. (d) Black people: refers to African, Coloureds, Chinese and Indian who are citizens of RSA by

birth and are citizens of RSA by naturalisation before 1994.

(e) Black Economic Empowerment: is defined as an integrated and coherent socio-economic

process that directly contributes to the economic transformation of South Africa and brings

about significant increases in the number of black people who manage, own and control the

country’s economy, as well as significant decrease in income inequalities.

(f) Broad Based Black Economic Empowerment: means the economic empowerment of all

black people including black women, workers, youth, people with disabilities and people

living in rural areas, through diverse but integrated socio economic strategies, as defined in

the Act.

(g) Codes of Good Practice : refers to BEE Codes of Good Practice including all the

statements as issued under section 9 of Act 53 of 2003

(h) Contract: A legally binding agreement between the CDC and the Service Provider for the

latter to provide goods and/or services to the former. A contract would be legally binding

only if it has been signed by people who have the delegated authority to do so.

(i) Contractor: Any person, body, or legal entity who has a contract with the CDC for

performing a construction related contract. A Tenderer whose tender has been accepted

becomes a Contractor.

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(j) Control: The possession and exercise of legal authority and power to manage the assets,

goodwill and daily operations of a business and the active and continuous exercise of

appropriate managerial authority and power in determining the policies and directing the

operations of the business.

(k) Employment Intensive Construction: Forms of construction utilising methods and

technologies which realise an increase in the number of employment opportunities

generated over plant based or traditional forms of construction.

(l) Executive Director: A partner in a partnership, a sole proprietor, a director of a company

established in terms of the Companies Act, 1973 (Act 61 of 1973) or a member of a close

corporation registered in terms of the Close Corporation Act, who, jointly and severally with

his other partners, co-directors or co-members, as the case may be, bears the risk of the

business and takes responsibility for the management and liabilities of the partnership,

company, or close corporation on a day to day basis.

(m) Firm: A business entity providing professional services in which at least two thirds of the

Principals are Registered Professionals-in-training.

(n) Joint Venture: An association of firms, companies or businesses for which purpose they

combine their expertise, efforts, skills and knowledge to execute the Contract.

(o) Local Enterprise Participation: A firm, company, business with a permanent office and

infrastructure in the Eastern Cape Province that participates meaningfully in the Performance

of the Works.

(p) Office: A firm which is under the full-time control and operation of a resident Registered

Professional.

(q) Owned: Having all the customary incidents of ownership, including the right of disposition,

and sharing the risks and profits commensurate with the degree of ownership interest as

demonstrated by an examination of the substance, rather than the form of the ownership

arrangements.

(r) Ownership Goal: The percentage of the Tendered Price, as awarded, which represents the

sum of the Rand value of HDI people’s equity in the Performance of the Works.

(s) Preferential Group: Individuals, firms or companies with BEE status and who are targeted

for empowerment.

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(t) Preferential Participation Programme: A programme indicating the means, resources and

methodology by which a Contractor would undertake to engage preferential groups in the

due fulfilment of the Contract.

(u) Prime Contractor: A contractor who contracts with the CDC as the principal or main

contractor or as a joint venture partner to such contractors, to provide goods, services or

works.

(v) Professional Service: The provision on a fiduciary basis of labour and knowledge-based

expertise which is applied with skill, care and diligence in accordance with the provision of

the Professional Service Contract.

(w) Service Provider: Any person or body corporate that is under contract to the CDC for

providing a Professional Service.

(x) Registered Principal: A person within an Office who is professionally registered by the

relevant statutory council, and who is a director, partner, member, profit sharing associate,

shareholder or other category of persons who participates meaningfully in the ownership,

benefits and risks of the Office and is engaged full time in the operation of the Office.

(y) Registered Professional: A full-time employee of an Office, other than a Principal, who is

professionally registered by the relevant statutory council.

(z) Registered Professional-in-training: A full-time employee, other than a Principal, who is

registered by the relevant statutory council as a professional-in-training, has obtained the

necessary tertiary qualifications to register as a professional and is serving an in-house

training period prior to applying to register as a professional.

(aa) Senior Manager: An individual who is responsible for planning, organising, leading and

controlling operations within an organisation and who reports to the Executive Director.

(bb) Services: The provision of labour and/or work carried out by hand or with the assistance of

equipment and plant including the input as necessary of knowledge based expertise.

(cc) Small, Medium and Micro Enterprises: There are two types namely Exempted Small &

Micro Enterprise (ESME’s) and Qualifying Small Enterprise (QSE):

(i) Exempted Small & Micro Enterprises (ESME’s) are defined by the Codes, as

companies with an annual total turnover of R5 million or less.

(ii) Qualifying Small Enterprises (QSE) are defined by the Codes, as companies with an

annual total turnover of between R5 million and R35 million.

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(dd) Sub-contractor: A contractor who contracts with the Prime Contractor to provide works as

part of the total services required by the CDC for that Contract. (ee) Supplier: A firm that owns, operates or maintains stores, warehouses or other

establishments in which materials or supplies are bought, kept in stock and regularly sold to

the public in the usual course of business; and engages as its principal business, and in its

own name, in the purchase and sale of goods.

(ff) Tender: The offer of prospective suppliers of goods and/or services, submitted in a tender

document which is issued to the public at large.

(gg) Women Equity Ownership (WEO): The collective ownership percentage of full-time

Executive Directors within an enterprise who are women.

4 TENDER ADJUDICATION POINTS

4.1 Points Awarded for Empowerment Objectives

The points system for Service Providers (and Contractors) will be structured in the following

way:

SCORING

CRITERIA

WEIGHTING FOR

80:20

WEIGHTING FOR

90:10 COMMENTS

Price 80 90

Empowerment

Objective 20 10

B-BBEE Certificate

is required

Total points 100 100

The 80:20 weighting applies for contracts less than R1 million (VAT Incl.) whereas the 90:10

weighting applies for all contracts in excess of R1 million (VAT Incl.).

The allocation of tender adjudication points for Contracts shall be as follows:

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Area of Adjudication Maximum Points Maximum Points

Tendered Price (SP) 80 90

Empowerment Objectives (SE) 20 10

Total Points (S) 100 100

In addition to price evaluation, CDC will evaluate contractors, service providers and

professionals based on their B-BBEE status achieved in accordance with the DTI Codes of

Good Practice and companies must submit B-BBEE Verification Certificates from accredited

verification agency or IRBA registered Auditors in order to be eligible for empowerment

points. Exempted Small & Micro Enterprises (ESME’s) enjoy a deemed BEE recognition of

Level 4 contributor and those, which are 50% or more owned by black people are promoted

to a Level 3 contributor. Sufficient evidence of qualification as an Exempted Small Micro-

Enterprises (ESME’s) is a letter from the enterprise’s Accounting Officer confirming that the

turnover is less than R5m or a verification certificate from Independent Regulatory Board for

Auditors (IRBA) or SANAS registered Verification Agency.

Note:

A Trust, Consortium or Joint Venture will qualify for points for their B-BBEE Status

Level as a legal entity, provided that the entity submits their B-BBEE Status Level

certificate.

A Trust, Consortium or Joint Venture will qualify for points for their B-BBEE Status

Level as an unincorporated entity provided that the entity submits their consolidated

B-BBEE Scorecard as if they were a group structure and that such a consolidated B-

BBEE Scorecard is prepared for every separate tender.

Empowerment points shall be awarded to a tenderer for attaining the B-BBEE status level of

contributor in accordance with the table below.

CONTRIBUTION LEVEL WEIGHTING FOR

80:20 WEIGHTING FOR

90:10

Level One 20 10

Level Two 18 9

Level Three 16 8

Level Four 12 5

Level Five 8 4

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CONTRIBUTION LEVEL WEIGHTING FOR

80:20 WEIGHTING FOR

90:10

Level Six 6 3

Level Seven 4 2

Level Eight 2 1

Non Compliant Contributor 0 0

Local Enterprise Participation (LEP Target)

The LEP target is the value of work done by local enterprises, whether as prime contractor, sub-

contractor or supplier, determined as follows:

The value sourced at local level is the value of resources based in the local area or produced in

the local area

The LEP target must be calculated in relation to every entity involved in the project. Management

staff commuting from other areas for the duration of the project will not qualify as local. Plant and

equipment brought in from other areas will not qualify as local. Materials and plant sourced via

local suppliers or agencies will qualify as local. A supplier that has been established locally by a

Tenderer solely for the purpose of servicing the project will not qualify as a local Supplier.

The LEP threshold for CDC contracts is 30%. The threshold may be increased by the BU up to 50% if scope exists for further local

participation.

SMME / EME Involvement

There should be a minimum participation of 35% SMME’s / EME’s participation of tender value,

excluding VAT, escalation, etc. Each project from every Business Unit must achieve a minimum

of 35% SMME participation.

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5 DETERMINATION OF RESPONSIVENESS OF BIDDERS

In deciding on the responsiveness or pre-qualifiers due cognisance must be taken to the fact that

some should always be included in the tender documents and some would depend upon the nature

of the contract and therefore might not always be required. The following responsiveness criteria or

pre-qualifiers will be used in this bid and are subdivided into mandatory and non-mandatory:

5.1 Mandatory Requirements

Failure to submit and complete all mandatory information will result in submissions

being deemed null and void and shall be considered "non — responsive" and

therefore not considered.

ITEM NO.

DESCRIPTION

(1) Valid Tax Clearance Certificate; or Confirmation of Tax Compliance Status with SARS (Please

provide personal identification number (pin) obtained from SARS;

(2) Signed Attendance Register at the mandatory briefing meeting.

(3) Signed letter of intent to enter into Joint Venture/Consortium. To be signed by all parties (Where

applicable)

(4) Authority of Lead Partner to sign JV/Consortium documents. To be signed by all parties in the JV

(Where applicable).

(6) Completed and Signed Financial Proposal

(7) Completed and signed Certificate of Independent Bid Determination (SBD 9) (Annexure D).(in

case of a Joint Venture/Consortium, a separate Certificate of Independent Bid Determination in

respect of each party to the JV must be completed and submitted.

(8) Completed and Signed Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8)

(in case of a Joint Venture/Consortium, a separate SBD 8 in respect of each party to the JV must

be completed and submitted (Annexure C).

(9) Completed and signed Declaration of Interest Register (in case of a Joint Venture/Consortium, a

separate declaration of interest form in respect of each party to the JV must be completed and

submitted) (Annexure B).

(10) Proof of Registration with the Treasury’s Centralised Suppliers Database i.e. CSD Number

(11) Access/Ownership (availability) of plant and equipment in case of hiring key plant, letter of

confirming the willingness of the hirer to hire equipment to the bidder.

(12) Record of previous projects of similar nature and contact persons, to a minimum of three (3).

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5.2 Additional Information Required

Notes (a) Submission of fees does not bind the CDC to engage your enterprise, JV or

consortium. Successful bidders will upon written notice of appointment enter into a

service agreement with the CDC

5.3 Functionality Assessment

A Functionality assessment will be carried out following the responsiveness assessment,

only on responsive bids. The bidder will be assessed as per the criteria shown in the table

below. Bids that achieve the minimum required functionality assessment points will move on

to the next round to be further adjudicated on Price and BBBEE Status. Bids achieving less

than 70% will not be assessed further

6. THE QUANTITATIVE ASSESSMENT

It is considered that there might be a need for an iterative process between the Stage 1 and Stage

2 in that other things befit Stage 1 might only be apparent in Stage 2. This should be construed as

progressive elaboration of assessment and should be allowed to take place when a need to do so

arises.

6.1 Points Awarded for Tender Price (SP)

The lowest acceptable tendered price should be determined and will be used to calculate the

score for price. A maximum of 80 or 90 points will be allocated to the Tendered Price on the

following basis:

ITEM NO.

DESCRIPTION

(1)

Bidders must submit a valid BBBEE Verification Certificate from SANAS Accredited Verification

Agency / Registered Auditor approved by IRBA.( in case of JV a consolidated BBBEE

certificate must submitted ) The Qualifying Small Enterprise (QSE) and Exempted Micro

Enterprises (EME) must submit a sworn affidavit confirming the Company Annual Total

Revenue and level of black ownership.

(2)

Proof of relevant or applicable accreditations and/or professional registration certificates

applicable and/or relevant in the respective trades or fields.

(3)

(i) Provide at least three (3) contactable references for which third-level support for

Oracle and Documentum was provided.

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Where: SP = Score obtained by the Tenderer for Price;

Smax = Maximum score that could be obtained for this Contract;

Plowest = Lowest acceptable tender price;

Ptendered = Tendered price being considered.

6.2 Empowerment Scoring, SE

(a) Obtain Broad-based Black Economic Empowerment (B-BBEE) certificate which must

be submitted with tender. (entities issuing the certificates should be registered with

SANAS or IRBA.

(b) In case of JV or Consortium submissions a Consolidated B-BBEE Scorecard must be

submitted and it must be prepared for every separate tender.

6.3 Total Tender Adjudication Points

The total tender adjudication points (S), is given by:

S = SP + SE (Not to Exceed 100 Points)

7 GUIDELINES WHEN FUNCTIONALITY IS INCLUDED AS A CRITERION IN THE EVALUATION OF BIDS

Functionality – means the measurement according to predetermined norms of a service or

commodity designed to be practical and useful, working or operating, taking into account quality,

reliability, viability and durability of a service or commodity.

The evaluation of bids must be conducted in the following two stages:

7.1 Firstly, the assessment of functionality must be done in terms of the evaluation criteria and

the minimum threshold be determined. A bid must be disqualified if it fails to meet the

minimum threshold for functionality as per the bid invitation.

)(max tenderedlowestP PPSS =

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7.2 Thereafter, only the qualifying bids are evaluated in terms of the 80/20 or 90/10 preference

points systems, where the 80 or 90 points must be used for price only and the 20 or 10

points are used for empowerment scoring and/or for achieving the prescribed RDP Goals.

8 DISQUALIFIERS DURING EVALUATION STAGE The following disqualifiers will be used:

8.1 Bidder that sought to influence the adjudication process;

8.2 Collusion among bidders;

8.3 Misrepresentation of information;

8.4 Any service provider or its principals (or both) who have engaged in corrupt and fraudulent

practices, not only with the CDC but anywhere else;

8.5 Bidder who has a pending liquidation, in receivership, bankrupt/insolvent (actually and

commercially)

8.6 Tendered price unrealistically low and posing commercial risks to the client;

8.7 Poor past performance (the focus is on gross poor performance and a clear trend of poor

performance needs to be established).

9 DOCUMENTATION TO BE SUBMITTED IN SUPPORT OF TENDER

(a) The CDC shall require all potential Consultants, SP’s and CONTR’s to submit at tender

stage, a valid certified copy of a Verification Certificate. The Verification Certificate which

indicates the entity’s BEE status must be issued by SANAS Accredited Verification Agency

or IRBA registered Auditors. Similarly, small entities i.e. Exempted Small Micro Enterprises

(ESME’s) will have to submit Exemption Certificates issued by an Accredited Verification

Agency or IRBA registered Auditor’s certificate or similar certificate issued by Accounting

Officers.

(b) The common legislative requirements that are specified by the CDC are CIDB Grading and

valid original Tax Clearance Certificate (TCC).

(c) Tenderers shall submit the Draft Joint Venture Agreement when required to do so.

(d) Tenderers shall deliver to the Employer a works programme clearly specifying the

participation of targeted enterprises per activity.

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(e) Failure by the Tenderer to complete and deliver the information schedules in the form and

within the time specified as agreed by the CDC or its agents/officers, etc., may render the

tender non-responsive and lead to its rejection.

10 VALIDITY OF PREFERENTIAL REGISTRATION AFFIDAVIT

(a) Should a Tenderer either claim or engage an enterprise whose actual black equity and/or

staff composition differs from the actual black equity and/or staff composition for which

credits have been claimed whether incorrectly and/or fraudulently on any tender, such

Tenderer shall immediately be disqualified.

(b) Any Contract awarded on account of false information furnished by the Tenderer in order to

secure preference may be cancelled at the sole discretion of the CDC without prejudice to

any other remedies the CDC may have.

(c) Should the Tenderer be found to have acted fraudulently and/or dishonestly, he/she will be

disqualified from all future tenders for a minimum period of thirty six (36) months, or as

otherwise decided by the CDC.

(d) It is primarily the responsibility of the Tenderer to understand the relevant criteria, definitions

and interpretations associated with a specific preference group before claiming credits for

the engagement of such preference group.

11 PROOF OF CONTRACTUAL ARRANGEMENT

11.1 The Contractor shall submit to the CDC a list of sub-contractors to perform works, services

or supply of goods entered into between the Prime Contractor or Joint Venture at Prime

Contract Level and the sub-contracted preference groups. The CDC may deny the

Contractor credits towards the attainment of his preference group participation percentage in

the absence of a written sub-contract and/or the failure by the Contractor to submit a copy

thereof to the CDC.

11.2 A Joint Venture or Consortium shall submit to the CDC a certified copy of the Joint Venture /

Consortium Agreement, if the Joint Venture/Consortium involves preference groups for

which participation credits are applied. The Contractor shall not impose upon preference

groups unfair conditions of contract. Preference participation credits claimed may be denied

if such contracts contain:

(i) A right of set-off, session and assignment as well as surety in favour of the employing

contractor;

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(ii) Authoritarian rights given to the employing contractor with no recourse to independent

adjudication in the event of a dispute arising;

(iii) Payment procedures based on a pay-when-paid system;

(iv) Unreasonable retention percentages and periods of retention after completion;

(v) Conditions which are more onerous than those which exist in the Contract with the

CDC.

11.3 Groups for which preference credits are applied for shall participate meaningfully during the

Performance of the Works and shall be responsible for clearly defined portions of the works

to be performed or services to be provided with its own work force and using its own

resources or resources hired by it independent of the employing contractor or non-

preference partners in a joint venture.

12 OUTSOURCING OF WORKS

12.1 The Prime Contractor/Service Provider shall execute works in accordance with tender

commitment and may not outsource works without due approval of the CDC Project

Manager.

12.2 An entity must not be awarded points for B-BBEE status level if it is indicated in the tender

documents that such a tenderer intends sub-contracting more than 25% of the value of the

contract to any other enterprise that does not qualify for at least the points that such tenderer

qualifies for, unless the intended sub-contractor is an exempted micro enterprise that has the

capacity and ability to execute the sub-contract.

12.3 An entity awarded a contract may not sub-contract more than 25% of the value of the

contract to any other enterprise that does not have an equal or higher B-BBEE status level

than the person concerned, unless the contract is sub-contracted to an exempted micro

enterprise that has the capacity and ability to execute the sub-contract.

13 COMPLIANCE WITH LEGISLATION

Submissions from entities which do not meet the specified legislative requirements or proof of

suitable arrangements being made with the relevant authorities at the time of tendering will be

rendered non-responsive by the CDC. The common legislative requirements that are specified by

the CDC are CIDB Grading and valid original Tax Clearance Certificate (TCC).

In cases of Joint Ventures or Consortia, all the JV partners must have valid original TCC by the

time they make a submission. If one of the JV partners has not submitted a valid original TCC, the

entire JV or Consortium shall be regarded as being non-responsive. Sub-contractors must also

comply with Tax Clearance Certificate (TCC) requirements.

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14 SUBSTITUTION OF PREFERENTIAL GROUP DURING CONTRACT PERIOD

13.1 Conditions during the Performance of the Works may necessitate terminating the

participation of a Preferential Group. This termination must, however, be authorised by the

designated CDC Project Manager. Key indicators for such justification include, but are not

limited to the following:

(i) Continuous poor productivity and progress by the Preferential Group;

(ii) Continuous non-conformance to quality standards by the Preferential Group

13.2 Each case shall be investigated and a formal written report prepared by the Procurement

Office in consultation with the Project Manager (PM).

15 RECORDING AND REPORTING BY THE CONTRACTOR

The CDC Project Manager shall monitor and ensure that SMME and LEP commitments are

achieved during the duration of the contract, the contractor shall report on monthly basis the

achievements thereof to the consultants and CDC Project Manager. The CDC Project Manager

shall take all necessary actions during the Performance of the Works to bring to the attention of the

Contractor when progress in the attainment of the tendered goal percentage(s) is lacking.

Supply Chain Manager

Andile Ntloko

…………………………………………….. …………………………………………………... Signature Supply Chain Manager Date of approval

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