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CSIR RFP No. 647/25/09/2015 Page 1 of 24 Request for Proposal (RFP) The provision or supply of professional services related to CSIR Information Privacy and Information Security Management Upgrade RFP No. 647/25/09/2015 Date of Issue Friday, 4 September 2015 Closing Date Friday, 25 September 2015 Compulsory briefing session Wednesday, 16 September 2015 Place Tender box, CSIR Main Reception, Gate 3 ( North Gate) Enquiries Strategic Procurement Unit E-mail: [email protected] CSIR business hours 08h00 16h30 Category Professional services

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CSIR RFP No. 647/25/09/2015 Page 1 of 24

Request for Proposal (RFP)

The provision or supply of professional services

related to CSIR Information Privacy and Information Security Management Upgrade

RFP No. 647/25/09/2015

Date of Issue Friday, 4 September 2015

Closing Date Friday, 25 September 2015

Compulsory briefing session Wednesday, 16 September 2015

Place Tender box, CSIR Main Reception, Gate 3 ( North Gate)

Enquiries Strategic Procurement Unit E-mail: [email protected]

CSIR business hours 08h00 – 16h30

Category Professional services

CSIR RFP No. 647/25/09/2015 Page 2 of 24

TABLE OF CONTENTS

SECTION A – TECHNICAL INFORMATION 3

1 INTRODUCTION 3

2 BACKGROUND 3

3 INVITATION FOR PROPOSAL 3

4 PROPOSAL SPECIFICATION 3

5 SERVICES REQUIRED 4

6 OUTPUT 8

7 ELIMINATION CRITERIA 9

8 FUNCTIONAL EVALUATION CRITERIA 9

SECTION B – TERMS AND CONDITIONS 13

9 PROPRIETARY INFORMATION 13

10 VENUE FOR PROPOSAL SUBMISSION 13

11 TENDER PROGRAMME 14

12 SUBMISSION OF PROPOSALS 14

13 DEADLINE FOR SUBMISSION 15

14 EVALUATION PROCESS 15

15 PRICING PROPOSAL 15

16 VALIDITY PERIOD OF PROPOSAL 16

17 APPOINTMENT OF SERVICE PROVIDER 16

18 ENQUIRIES AND CONTACT WITH THE CSIR 16

19 MEDIUM OF COMMUNICATION 17

20 COST OF PROPOSAL 17

21 CORRECTNESS OF RESPONSES 17

22 VERIFICATION OF DOCUMENTS 17

23 SUB-CONTRACTING 18

24 ENGAGEMENT OF CONSULTANTS 18

25 TRAVEL EXPENSES 18

26 CONFLICT OF INTEREST 19

27 ADDITIONAL TERMS AND CONDITIONS 19

28 CSIR RESERVES THE RIGHT TO 19

29 DISCLAIMER 20

DECLARATION BY TENDERER 21

30 ANNEXURE A – CV TEMPLATE 22

CSIR RFP No. 647/25/09/2015 Page 3 of 24

SECTION A – TECHNICAL INFORMATION 1 INTRODUCTION

The Council for Scientific and Industrial Research (CSIR) is one of the leading scientific

research and technology development organisations in Africa. In partnership with national

and international research and technology institutions, CSIR undertakes directed and

multidisciplinary research and technology innovation that contributes to the improvement of

the quality of life of South Africans. The CSIR’s main site is in Pretoria while it is represented

in other provinces of South Africa through regional offices.

The CSIR is committed to supporting innovation in South Africa to improve national

competitiveness in the global economy. Science and technology services and solutions are

provided in support of various stakeholders, and opportunities are identified where new

technologies can be further developed and exploited in the private and public sectors for

commercial and social benefit.

2 BACKGROUND

The CSIR has embarked on efforts to become compliant with the Protection of Personal

Information Act 4 of 2013 (POPI). In tandem with these efforts, the CSIR has initiated a

process to overhaul its existing information security management measures.

3 INVITATION FOR PROPOSAL

The POPI compliance and information security management efforts are being managed

under a single project. To this end, the CSIR requires suitably qualified, professional and

experienced service providers to provide it with the specific services related to both

information security and privacy.

4 PROPOSAL SPECIFICATION

This RFP consists of two sections:

SECTION A:

This section describes the detailed scope and requirements for the services being

elicited under this RFP.

This section consists of two parts, Part A and Part B. Part A deals with the

CSIR RFP No. 647/25/09/2015 Page 4 of 24

requirements pertaining to POPI, while Part B deals with the requirements relating to

Information Security Management. See point 5 below for specifications.

SECTION B:

This section covers the general terms and conditions applicable to RFP’s as laid

down by the CSIR. It also contains compulsory requirements for the format of

responses to this RFP.

All proposals are to be submitted in a format specified in this enquiry (if applicable).

However, tenderers are welcome to submit additional information over and above the

originally requested information.

Please see Section B, Sub-Section 12 below for more detail on format requirements.

5 SERVICES REQUIRED

The selected service provider will be required to:

a) In consultation with the CSIR: develop documents for use by the CSIR that align with

its business operations and organisational structure

b) Review documents drafted by the CSIR

c) Present and discuss the above-mentioned documents in meetings or stakeholder

workshops

The documents referred to are related to both information privacy and information security

management. Information privacy-related documents are described in Part A below and

information security-related documents are described in Part B.

Prior to the development of any documents, the selected service provider will be required to

meet with the CSIR to acquaint itself with the business of the CSIR, especially its

organisational structure and the nature of its operations.

The selected service provider must, prior to beginning any work, provide a single point of

contact with the CSIR with respect to the project. This individual must meet with the CSIR

POPI Task Team Leader once a week to discuss project progress, matters relevant to the

project’s time-frame, budget, deliverables, as well as any other relevant matters. Each

meeting may be telephonic or in person, whichever is deemed necessary by the POPI Task

Team Leader.

The service provider’s single point of contact may also be required to attend project steering

committee meetings on an as-needed basis. Such meetings are held every 2 months.

CSIR RFP No. 647/25/09/2015 Page 5 of 24

5.1 PART A – INFORMATION PRIVACY / POPI

The selected service provider will be responsible for drafting the documents as detailed in

the list below. The documents must be drafted in consultation with the CSIR. Unless stated

otherwise the scope of all documents applies to the CSIR in its entirety, i.e. all operating

units, support functions and sites in the regions.

All documents must at least be aligned to POPI, however, may in addition incorporate

privacy best practices or standards, such as GAPP. Therefore, in order to be selected,

service providers must demonstrate experience and skills in the field of compliance

with information privacy or data protection laws (see Sub-Section Error! Reference

source not found. of this Section).

It is a requirement that the documents drafted by the selected service provider align with the

CSIR’s business operations and organisational structure, as well as applicable regulatory

and legal requirements.

Document for Drafting Description

Information Privacy Policy An internally-facing policy binding on all CSIR staff and contractors. It articulates the CSIR’s requirements regarding the protection of personal information and any sanctions for the breach thereof.

Privacy Notice/s An externally facing document that describes how the CSIR inter alia, processes, protects, and provides access to the personal information of data subjects.

The notice must cover website users, prospective employees, research subjects and other potential data subjects. It must align with the Information Privacy Policy above.

Separate notices may be developed for different audiences if this is deemed more effective. If split into separate notices, a maximum of 3 notices will be required.

Privacy Impact Assessment Methodology

A methodology to be applied by the CSIR’s privacy function in order to determine the privacy risk related to a business activity (e.g. project, system, business process, service, product).

The methodology must consider all relevant factors, including, but not limited to, legal / regulatory requirements and the CSIR’s Information Privacy Policy. It must produce an output that guides the CSIR into classifying the risk according to a scale (e.g. high, medium, low).

Privacy Incident Management Process

A description of a process to be followed once a potential privacy incident has been detected or reported. It must include steps for evaluating and responding to such incidents. A comprehensive process that covers all aspects of incident response is expected.

The process itself must be described using BPMN or a similar notation agreed upon in advance with the CSIR. In addition to the BPMN diagram, the process, and all associated roles and responsibilities must be defined and described in the document.

Information Handling Guide/Standard

A guide (or standard mandated through policy) that describes best practices/rules for dealing with personal information on different forms of media or technology (e.g. on paper, removable media, server, desktop etc.).

For each form, media or technology, the document should describe

CSIR RFP No. 647/25/09/2015 Page 6 of 24

required practices for each stage in the information lifecycle.

In addition, the selected service provider will be responsible for reviewing the following

documents in order to ensure their adequacy and to point out any deficiencies. The review

should be based on best-practice, the experience and knowledge of the service provider, as

well as applicable regulatory and legal requirements.

Document for Review Description

Privacy Operating Model This describes the roles and responsibilities within the privacy function of the CSIR, as well as how the privacy function will relate to other functions and units within the CSIR.

Privacy Impact Assessment Process

This defines the process to be followed when a privacy impact assessment is either a) requested by an operating unit or support function, or b) requested by the privacy function on its own initiative. It also defines how the privacy impact assessment results are dealt with post-assessment.

This process is distinct from the methodology to be used in the assessment itself (see the table above).

Personal Information Access or Query Process

This describes the process by which the CSIR will handle requests by data subjects or others for access to personal information.

Contract Templates These documents contain standard wording for contracts commonly used within the CSIR (e.g. a contract for a student intern).

Only a review of the privacy related wording is required.

A maximum of 4 contract templates will be required for review.

Privacy Awareness Plan This plan documents the CSIR’s information privacy awareness activities for the year.

One Full-Day Workshop This will be to workshop the deliverables above with CSIR stakeholders and project team members. This may be split into shorter workshops instead of a single 8 hour workshop.

5.2 PART B – INFORMATION SECURITY MANAGEMENT

The CSIR is in the process of overhauling its information security management. In particular

it seeks to be aligned with the ISO 27000 series of standards in order to develop an

Information Security Management System (ISMS). Thus, in order to be selected, service

providers must demonstrate experience and skills related to the design and

implementation of ISMS’s as contemplated under the ISO 27000 series of standards in

their responses (see Sub-Section Error! Reference source not found. of this Section).

The selected service provider will be responsible for drafting the documents detailed in the

table below. The documents must be drafted in consultation with the CSIR. Unless stated

otherwise the scope of all documents applies to the CSIR in its entirety, i.e. all operating

units, support functions and sites in the regions. All documents produced must be

aligned to the ISO 27000 series of standards.

CSIR RFP No. 647/25/09/2015 Page 7 of 24

Policies and standards included in the table below must form part of a single, rationalised

policy framework for information security and privacy. That is, there must be:

A hierarchical structure in terms of policies and standards

Minimal or no repetition of policy rules across policies

Minimal or no overlap in policy subject matter in policies that are on the same level of

a hierarchical structure

Appropriate references to other policies or standards in the hierarchy

Consistency in terms of content, language and format

In addition, the links between information security and privacy policies, processes and other

documents must be made clear in any documents.

It is a requirement that the documents drafted by the selected service provider align with the

CSIR’s business operations and organisational structure. Furthermore, where such

documents already exist within the CSIR, the selected service provider is required to take

cognisance of these, and where necessary, incorporate relevant information into

replacement documents.

Document for Drafting Description

Information Security Operating Model

This describes the roles and responsibilities within the information security function of the CSIR, as well as how the information security function will relate to other functions and units within the CSIR.

Information Security Policy A policy that, at a high level, articulates the CSIR’s requirements regarding information security.

Information Classification Policy A child policy of the Information Security Policy. This policy provides rules on how to classify information and treat different classes of information.

Network Security Policy A child policy of the Information Security Policy. This policy defines rules for network security including both perimeter and internal controls.

Access Control Policy A child policy of the Information Security Policy. This policy defines rules for logical access to information resources.

Third Party Access Policy A child policy of the Information Security Policy. This policy provides rules for when and how third parties may access information resources. It may be made binding upon third parties through contracts.

Acceptable Use Policy A child policy of the Information Security Policy. This policy spells out the conditions or limits for acceptable use of information resources for staff and contractors.

Backup Policy A child policy of the Information Security Policy. This policy defines the rules for backup of information resources.

Social Media Policy This policy defines rules for the use of social media by employees and contractors.

BYOD Policy This policy regulates the use of personal devices connected to CSIR infrastructure or containing CSIR information.

CSIR RFP No. 647/25/09/2015 Page 8 of 24

Information Security Incident Management Process

A description of a process to be followed once an information security incident has been detected or reported. It must include how to evaluate and respond to such incidents. A comprehensive process that covers all aspects of incident response is expected.

The process itself must be described using BPMN or a similar notation agreed upon in advance with the CSIR. In addition to the BPMN diagram, the process, and all associated roles and responsibilities must be defined and described in the document.

It is expected that this process will link with the privacy incident management process, as well as the existing IT incident management process.

Business Continuity Policy This policy defines critical business functions within the CSIR and defines rules for ensuring that critical business functions continue to operate in the face of disasters.

Two Full-Day Workshops This will be to workshop the deliverables above with CSIR stakeholders and project team members. This may be split into shorter workshops instead of two 8 hour workshops.

In addition, the selected service provider will be responsible for reviewing the following

documents in order to ensure their adequacy and to point out any deficiencies. The review

should be based on best-practice, the experience and knowledge of the service provider, as

well as any relevant standards.

Document for Review Description

Vulnerability Management Strategy This document details the strategy for detecting and remediating technical vulnerabilities in information infrastructure.

Vulnerability Management Process This document details the process by which technical vulnerabilities in information infrastructure will be identified, classified and remediated / mitigated.

The selected service provider will be required to provide the results of any reviews as

contemplated in the table above using track changes on the source documents and/or by

providing recommended changes in separate documents.

6 OUTPUT

The selected service provider must:

Produce and review the documents detailed in Sub-Section 5 above to the CSIR’s

satisfaction

Produce and review the documents detailed in Sub-Section 5 above within a

maximum of 6 months and in line with project deadlines

Avail its staff for meetings and workshops as detailed in Sub-Section 5 above.

CSIR RFP No. 647/25/09/2015 Page 9 of 24

7 ELIMINATION CRITERIA

Proposals will be eliminated under the following conditions:

Submission after the deadline;

Proposals submitted at incorrect location;

Non-attendance of the compulsory briefing session;

Failure to submit CVs indicating the experience & qualifications of each member of the

engagement team;

Failure to indicate corporate experience performing similar work; and

Failure to submit references for similar work performed.

The following mandatory documentation will be required before any negotiations will start with the

potential winning bidder or before any contract / order will be awarded.:

Completed CSIR Supplier Registration Form (if not registered with CSIR),

alternatively, provide the CSIR Vendor number;

Original valid Tax Clearance Certificate or Letter of Good standing issued by SARS

(RSA suppliers only);

Original or certified copy of B-BBEE certificate – where B-BBEE credentials were used

as part of evaluation; (RSA suppliers only); ans

Proof of company registration. (CK2 form) (RSA suppliers only).

8 FUNCTIONAL EVALUATION CRITERIA

8.1 The evaluation of the functional / technical detail of the proposal will be based on the

following criteria:

Criteria Weight

Experience and Qualifications of Engagement Team 65%

Corporate Track Record Performing Similar Work 35%

Proposals with a functionality score of less than 70% overall and less than 50% within each

criteria will be eliminated from further evaluation.

CSIR RFP No. 647/25/09/2015 Page 10 of 24

Please note compulsory requirements within each criteria that are listed below – failure to

meet any compulsory requirements will result in a score of 0% for that criteria.

The tenderer shall prepare for a possible presentation should CSIR require such and the

tenderer shall be notified thereof no later than 4 (four) days before the actual presentation

date.

8.1.1 Experience and Qualifications of Engagement Team

It is a requirement of this RFP that the proposed engagement team is utilised for the work.

Where a member of the engagement team is unable to perform the work due to resignation,

illness or other unforeseen circumstance, the service provider is required to substitute that

individual with another individual that is equally experienced and qualified. The CSIR must

be notified of such substitution in advance and must approve it. Failure to comply with this

requirement may lead to the termination of any contract awarded under this RFP.

Requirements for the information privacy / POPI work as specified in Sub-Section 5.1 above :

Compulsory Requirement /

Advantage

Description

Score

Compulsory requirement Individual in engagement team has experience providing POPI consulting services or working with POPI

1.

50%

Advantage Individual in engagement team has experience working in the field of data protection / information privacy in a jurisdiction already governed by a comprehensive model

2 for data protection (e.g. the European

Union).

20%

Advantage Individual in engagement team is IAPP certified. Please provide proof of certification and indicate if certification is current or has lapsed. A current certification will be considered more of an advantage than one that has lapsed.

10%

Advantage Individual in engagement team has a post-graduate qualification in information privacy / data protection (note that this is qualification from a tertiary education institute, not a professional certification body).

5%

Advantage Individual in engagement team has experience developing the specific deliverables required in this RFP (See Sub-Section 5.1 above).

15%

1 This must apply to the majority of engagement team members who will work on POPI-related deliverables.

2 As defined by the International Association of Privacy Professionals

CSIR RFP No. 647/25/09/2015 Page 11 of 24

Requirements for information security management work as specified in Sub-Section 5.2

above:

Compulsory Requirement /

Advantage

Description

Score

Compulsory requirement

Individual in engagement team has experience in drafting information security policies for a large organisation (approx. 3000 or more staff)

3.

40%

Advantage Individual in engagement team has experience working with ISO 27000 series of standards.

10%

Advantage Individual in engagement team has experience working with ISMS implementations.

20%

Advantage Individual in engagement team is ISO 27001 certified, for example, ISO 27001 Lead Auditor or Lead Implementer.

15%

Advantage Individual in engagement team has experience developing the specific deliverables required in this RFP.

15%

Service providers are required to use the template in Annexure A for the curriculum vitae of

engagement team members.

8.1.2 Corporate Track Record Performing Similar Work

Requirements for the information privacy / POPI work as specified in Sub-Section 5.1 above:

Compulsory Requirement /

Advantage

Description

Score

Compulsory requirement

Corporate experience providing data protection / information privacy consulting services in South Africa.

30%

Advantage Corporate experience providing data protection / information privacy consulting services in a jurisdiction already governed by a comprehensive model

4 for data protection (e.g. the European Union).

30%

Advantage Corporate experience in providing clients with the specific deliverables required in this RFP.

40%

Requirements for information security management work as specified in Sub-Section 5.2

above:

Compulsory Requirement /

Advantage

Description

Score

Compulsory requirement

Corporate experience providing information security management consulting services using ISO 27000 series of standards.

30%

3 This must apply to at least half the engagement team members who will be tasked with drafting information security policies.

4 As defined by the International Association of Privacy Professionals

CSIR RFP No. 647/25/09/2015 Page 12 of 24

Compulsory requirement

Corporate experience in establishing an ISMS as contemplated in the ISO 27000 series of standards.

50%

Advantage Corporate experience in providing clients with the specific deliverables required in this RFP.

20%

Please note: The tables in 8.1.1 and 8.1.2 above do not contain an exhaustive list of factors

that the CSIR will use to evaluate experience and qualifications and service providers are

encouraged to include any additional information as they see fit. The CSIR reserves the right

to evaluate experience and qualifications in accordance with its needs and best interests.

8.2 Refer to Annexure A for CV template that must be used.

CSIR RFP No. 647/25/09/2015 Page 13 of 24

SECTION B – TERMS AND CONDITIONS 9 PROPRIETARY INFORMATION

The CSIR considers this Request for Proposal (RFP) and all related information, either

written or verbal, which is provided to the respondent, to be proprietary to the CSIR. It shall

be kept confidential by the respondent and its officers, employees, agents and

representatives. The respondent shall not disclose, publish, or advertise this specification or

related information in part or as a whole to any third party without the prior written consent of

the CSIR. This applies regardless of whether the recipient of this RFP responds with a

proposal or not. The CSIR reserves the right to require the return or destruction of all

documents supplied or produced during the proposal process, including extracts, summaries

and related notes.

Unauthorised disclosure of the RFP or its contents or failure to observe other specific

requirements contained herein may result in disqualification from further consideration in

addition to any other remedies the CSIR may have under law or equity.

The CSIR will maintain strict confidentiality in receipt of and possession of proposal

responses including clarifications and other submissions during the RFP process. All material

submitted in response to the RFP shall become the property of the CSIR and may only be

returned at the CSIR’s discretion. The CSIR has the right to use any or all of the information

presented in any reply to the RFP. Selection or rejection of any proposal does not affect this

right. The successful respondent(s) shall not use the contract or CSIR name for promotional

purposes, without seeking the prior approval from the CSIR.

The provisions of the above paragraph will also apply to any subcontractors and/or joint

venture partners that respondents may propose in proposals.

10 VENUE FOR PROPOSAL SUBMISSION

All proposals must be submitted at:

CSIR GATE 03 - Main Reception Area (in the Tender box) at the following address

Council for Scientific and Industrial Research (CSIR)

Meiring Naudé Road

Brummeria

Pretoria

CSIR RFP No. 647/25/09/2015 Page 14 of 24

11 TENDER PROGRAMME

The tender program, as currently envisaged, incorporates the following key dates:

Issue of tender documents: 4 September 2015

Tender briefing session: 16 September 2015

Place: CSIR Pretoria

Venue: Building 22, Central Station

Time: 14:00 – 15:00

Closing / submission Date: 25 September 2015

Target start date of the project: 1 November 2015

Target completion date of the project: 31 August 2016

12 SUBMISSION OF PROPOSALS

12.1 All proposals are to be sealed. No open proposals will be accepted.

12.2 All proposals are to be clearly marked with the RFP number and the name of the tenderer

on the outside of the main package. Proposals must consist of two parts, each of which is

placed in a separate sealed package clearly marked:

PART 1: Technical Proposal: RFP No.: 647/25/09/2015

PART 2: Pricing Proposal, B-BBEE and other Mandatory Documentation:

RFP No.: 647/25/09/2015

12.3 Respondents must structure PART 1 to include at least the following sections:

Corporate Information Privacy Experience

Corporate Information Security Management Experience

Engagement Team Qualifications and Experience

When populating the sections in the bullet list above, respondents must take note of

further requirements in Sub-Section Error! Reference source not found. above (e.g. the

CV template).

Respondents are encouraged to structure their responses to allow the CSIR to easily

reconcile the information in their responses with the requirements and advantages listed

in Sub-Section Error! Reference source not found. below.

12.4 Proposals submitted by companies must be signed by a person or persons duly authorised.

12.5 The CSIR will award the contract to qualified tenderer(s)’ whose proposal is determined to

be the most advantageous to the CSIR, taking into consideration the technical

(functionality) solution, price and B-BBEE.

CSIR RFP No. 647/25/09/2015 Page 15 of 24

13 DEADLINE FOR SUBMISSION

Proposals shall be submitted at the address mentioned above no later than the closing date

of Friday, 25 September 2015, during CSIR’s business hours. The CSIR business hours are

between 08h00 and 16h30.

Where a proposal is not received by the CSIR by the due date and stipulated place, it will be

regarded as a late tender. Late tenders will not be considered.

14 EVALUATION PROCESS 14.1 Evaluation of proposals

All proposals will be evaluated by an evaluation team for functionality, price and B-BBEE.

Based on the results of the evaluation process and upon successful negotiations, the CSIR

will approve the awarding of the contract to successful tenderers.

A two-phase evaluation process will be followed.

The first phase includes functionality, local production and content.

The second phase includes the evaluation of price and B-BBEE status.

Pricing Proposals will only be considered after functionality phase has been adjudicated

and accepted. Only proposals that achieved the specified minimum qualification scores

for functionality will be evaluated further using the preference points system.

14.2 Preference points system

The 90/10 preference point system will be used where 90 points will be dedicated to price

and 10 points to B-BBEE status. If all tenders received are less than R1m, the proposal

will be cancelled and re-issued.

15 PRICING PROPOSAL

15.1 Pricing proposal must be cross-referenced to the sections in the Technical Proposal. Any

options offered must be clearly labelled. Separate pricing must be provided for each option

offered to ensure that pricing comparisons are clear and unambiguous.

15.2 Price needs to be provided in South African Rand (excl. VAT), with details on price

elements that are subject to escalation and exchange rate fluctuations clearly indicated.

CSIR RFP No. 647/25/09/2015 Page 16 of 24

15.3 Price should include additional cost elements such as freight, insurance until acceptance,

duty where applicable.

15.4 Only firm prices* will be accepted during the tender validity period. Non–firm prices**

(including prices subject to rates of exchange variations) will not be considered.

*Firm price is the price that is only subject to adjustments in accordance with the actual

increase or decrease resulting from the change, imposition, or abolition of customs or

excise duty and any other duty, levy, or tax which, in terms of a law or regulation is binding

on the contractor and demonstrably has an influence on the price of any supplies, or the

rendering costs of any service, for the execution of the contract;

**Non-firm price is all prices other than “firm” prices.

15.5 Payment will be according to the CSIR Payment Terms and Conditions.

16 VALIDITY PERIOD OF PROPOSAL

Each proposal shall be valid for a minimum period of three (3) months calculated from the

closing date.

17 APPOINTMENT OF SERVICE PROVIDER

17.1 The contract will be awarded to the tenderer who scores the highest total number of points

during the evaluation process, except where the law permits otherwise.

17.2 Appointment as a successful service provider shall be subject to the parties agreeing to

mutually acceptable contractual terms and conditions. In the event of the parties failing to

reach such agreement CSIR reserves the right to appoint an alternative supplier.

18 ENQUIRIES AND CONTACT WITH THE CSIR

Any enquiry regarding this RFP shall be submitted in writing to CSIR at [email protected]

with “RFP No 647/25/09/2015 - The provision or supply of professional services related

to CSIR Information Privacy and Information Security Management Upgrade, as the

subject.

CSIR RFP No. 647/25/09/2015 Page 17 of 24

Any other contact with CSIR personnel involved in this tender is not permitted during the

RFP process other than as required through existing service arrangements or as requested

by the CSIR as part of the RFP process.

19 MEDIUM OF COMMUNICATION

All documentation submitted in response to this RFP must be in English.

20 COST OF PROPOSAL

Tenderers are expected to fully acquaint themselves with the conditions, requirements and

specifications of this RFP before submitting proposals. Each tenderer assumes all risks for

resource commitment and expenses, direct or indirect, of proposal preparation and

participation throughout the RFP process. The CSIR is not responsible directly or indirectly

for any costs incurred by tenderers.

21 CORRECTNESS OF RESPONSES

21.1 The tenderer must confirm satisfaction regarding the correctness and validity of their

proposal and that all prices and rates quoted cover all the work/items specified in the RFP.

The prices and rates quoted must cover all obligations under any resulting contract.

21.2 The tenderer accepts that any mistakes regarding prices and calculations will be at their

own risk.

22 VERIFICATION OF DOCUMENTS

22.1 Tenderers should check the numbers of the pages to satisfy themselves that none are

missing or duplicated. No liability will be accepted by the CSIR in regard to anything arising

from the fact that pages are missing or duplicated.

22.2 One hard copy and one electronic copy (CD or USB memory key and that has searchable

text) of each proposal must be submitted. In the event of a contradiction between the

submitted copies, the hard copy shall take precedence.

22.3 Pricing schedule and B-BBEE credentials should be submitted with the proposal, but as a

separate document and no such information should be available in the technical proposal.

22.4 If a courier service company is being used for delivery of the proposal document, the RFP

description must be endorsed on the delivery note/courier packaging to ensure that

documents are delivered to the tender box, by the stipulated due date.

CSIR RFP No. 647/25/09/2015 Page 18 of 24

23 SUB-CONTRACTING

23.1 A tenderer will 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 a

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

that has the capability and ability to execute the sub-contract.

23.2 A tenderer 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 capability and ability to execute the sub-contract.

24 ENGAGEMENT OF CONSULTANTS

The CSIR will use the following as a guide for remuneration of consultants. Namely, rates

that are/have been:

24.1 Determined in the "Guideline for fees", issued by the South African Institute of Chartered

Accountants (SAICA); or

24.2 Set out in the "Guide on Hourly Fee Rates for Consultants", by the Department of Public

Service and Administration (DPSA); or

24.3 Prescribed by the body - regulating the profession of the consultant.

25 TRAVEL EXPENSES

25.1 All travel expenses for the CSIR’s account, be it directly via the CSIR’s travel agent or

indirectly via re-imbursements, must be in line with the CSIR’s travel policy. The following

will apply:

25.1.1 Only economy class tickets will be used.

25.1.2 A maxiumum of R1300 per night for accommodation, dinner, breakfast and parking will be

allowed.

25.1.3 No car rentals of more than a Group B will be accommodated.

CSIR RFP No. 647/25/09/2015 Page 19 of 24

26 CONFLICT OF INTEREST

26.1 The successful supplier shall not be allowed to provide any equipment to the CSIR where

the requirement or need for such equipment has arisen from documents, deliverables or

advice provided by the supplier in the fulfilment of this tender.

26.2 The successful supplier must not have any financial or operational ties to any potential

vendors for the aforementioned equipment.

26.3 The successful supplier shall not be allowed to provide audit or assurance services to the

CSIR where the scope of such services requires the supplier to audit or provide

assurance for work it has performed in the fulfilment of this tender.

27 ADDITIONAL TERMS AND CONDITIONS

27.1 A tenderer shall not assume that information and/or documents supplied to CSIR, at any

time prior to this request, are still available to CSIR, and shall consequently not make any

reference to such information document in its response to this request.

27.2 Copies of any affiliations, memberships and/or accreditations that support your submission

must be included in the tender.

27.3 In case of proposal from a joint venture, the following must be submitted together with the

proposal:

Joint venture Agreement including split of work signed by both parties;

The original or certified copy of the B-BBEE certificate of the joint venture;

The Tax Clearance Certificate of each joint venture member;

Proof of ownership/shareholder certificates/copies of Identity document; and

Company registration certificates.

27.4 An omission to disclose material information, a factual inaccuracy, and/or a

misrepresentation of fact may result in the disqualification of a tender, or cancellation of any

subsequent contract.

27.5 Failure to comply with any of the terms and conditions as set out in this document will

invalidate the Proposal.

28 CSIR RESERVES THE RIGHT TO

28.1 Extend the closing date; Verify any information contained in a proposal;

28.2 Request documentary proof regarding any tendering issue;

CSIR RFP No. 647/25/09/2015 Page 20 of 24

28.3 Give preference to locally manufactured goods;

28.4 Appoint one or more service providers, separately or jointly (whether or not they submitted

a joint proposal);

28.5 Award this RFP as a whole or in part;

28.6 Cancel or withdraw this RFP as a whole or in part.

29 DISCLAIMER

This RFP is a request for proposals only and not an offer document. Answers to this RFP

must not be construed as acceptance of an offer or imply the existence of a contract between

the parties. By submission of its proposal, tenderers shall be deemed to have satisfied

themselves with and to have accepted all Terms & Conditions of this RFP. The CSIR makes

no representation, warranty, assurance, guarantee or endorsements to tenderer concerning

the RFP, whether with regard to its accuracy, completeness or otherwise and the CSIR shall

have no liability towards the tenderer or any other party in connection therewith.

CSIR RFP No. 647/25/09/2015 Page 21 of 24

DECLARATION BY TENDERER

Only tenderers who completed the declaration below will be considered for evaluation.

RFP No: …………………………….. I hereby undertake to render services described in the attached tendering documents to CSIR in

accordance with the requirements and task directives / proposal specifications stipulated in RFP

No.………….……….. at the price/s quoted. My offer/s remains binding upon me and open for

acceptance by the CSIR during the validity period indicated and calculated from the closing date

of the proposal.

I confirm that I am satisfied with regards to the correctness and validity of my proposal; that the

price(s) and rate(s) quoted cover all the services specified in the proposal documents; that the

price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and

rate(s) and calculations will be at my own risk.

I accept full responsibility for the proper execution and fulfilment of all obligations and conditions

devolving on me under this proposal as the principal liable for the due fulfilment of this proposal.

I declare that I have no participation in any collusive practices with any tenderer or any other

person regarding this or any other proposal.

I accept that the CSIR may take appropriate actions, deemed necessary, should there be a

conflict of interest or if this declaration proves to be false.

I confirm that I am duly authorised to sign this proposal.

NAME (PRINT) …………………………. CAPACITY ……………………….

SIGNATURE ……………………………. NAME OF FIRM ………………………….….

DATE ……………………………….

WITNESSES 1 …….……………………………

2 ……….………………………… DATE: .…………………………..

CSIR RFP No. 647/25/09/2015 Page 22 of 24

30 ANNEXURE A – CV TEMPLATE

Please use the table on the following page as a template for the CV’s of the proposed

engagement team. This is to be included in the Section “Engagement Team Qualifications and

Experience” in PART 1 of the bid response.

Do not remove any categories / items (marked in bold).

Notes:

1. Please indicate if a qualification is an information privacy qualification if this is not explicit in the

title of the qualification.

2. In order to demonstrate experience, qualifications or other competitive advantage, please feel

free to add further categories by adding to the end of the table (e.g. Other Experience,

Publications, Eminence, etc.).

CSIR RFP No. 647/25/09/2015 Page 23 of 24

EXAMPLE

Name

Joe Soap

<Photograph – Optional>

Position

Associate Director

Qualifications & Institutes

BSc (Computer Science), ABC University

LLM (Human Rights Law), XYZ University (specialising in Data Protection)1

Certifications

CISSP, 2011, not current

CIPP/ IT, 2013, current

ISO 27001 Lead Implementer, 2010, current

Profile

Joe Soap started his career as an Information Security Officer at XYZ Bank in 1997. He left

the bank as its Chief Information Security Officer in 2005 and joined ACME Consulting as an

Associate Director specialising in Information Security Management.

Relevant Experience per Requirements:

Experience providing POPI consulting services or

working with POPI.

POPI Gap Analysis at ABC Corp

Privacy Officer at ACME Corp

Experience working in the field of data protection /

information privacy in a jurisdiction already

governed by a comprehensive model for data

protection.

Privacy Impact Assessment for ACME Corp, Germany

Privacy Policy Development at ABC Corp, England

Experience developing the specific deliverables

required in this RFP.

Privacy Policy Development at ABC Corp, England

Designed Privacy Impact Assessment Methodology at

XYZ Corp

Drafted Access Control Policy at ACME Corp

Reviewed ABC Corp Business Continuity Plan

Designed Security Operating Model for XYZ Corp

Experience in drafting information security policies

for a large organisation (approx. 3000 or more

staff).

Drafted Access Control Policy at ACME Corp

Experience working with ISO 27000 series of

standards.

Performed ISO 27001 audit at ACME Corp

Experience working with ISMS implementations. Assisted with implemented of ISMS at XYZ Company

<Other Categories as Desired>2

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