SPECIAL CONDITIONS OF CONTRACT RT

Transcription

1 SPECIAL CONDITIONS OF CONTRACT RT THE APPOINTMENT OF A PANEL OF PROFESSIONAL SERVICE PROVIDERS FOR FINANCIAL MANAGEMENT AND RELATED SERVICES FOR THE STATE PERIOD 1 SEPTEMBER 2015 TO 31 AUGUST 2018 NATIONAL TREASURY TRANSVERSAL CONTRACTING

2 TABLE OF CONTENTS LIST OF ACRONYMS/DEFINITIONS:... 3 SECTION A: GENERAL CONDITIONS LEGISLATIVE AND REGULATORY FRAMEWORK TAX CLEARANCE CERTIFICATE SUBMISSION OF BIDS LATE BIDS COUNTER CONDITIONS FRONTING SUPPLIER DUE DILIGENCE COMMUNICATION CONTACT DETAILS... 6 SECTION B1: TERMS OF REFERENCE BACKGROUND OBJECTIVE SCOPE OF WORK... 7 SECTION B2: SPECIFIC BID CONDITIONS DURATION OF FRAMEWORK AGREEMENT PARTICIPATING GOVERNMENT DEPARTMENTS EVALUATION PROCESS PRICING NON-COMMITTMENT SECTION C: POST-AWARD CONDITIONS PANEL MANAGEMENT CONTRACTING OF SERVICE PROVIDERS FOR ASSIGNMENTS ASSIGNMENT EXECUTION AMENDMENTS TO CONTRACTS FOR SPECIFIC ASSIGNMENTS COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS SKILLS TRANSFER REPORTING LOCAL ECONOMIC DEVELOPMENT Page 2 of 18

3 LIST OF ACRONYMS/DEFINITIONS: BEC: Bid evaluation committee BAC: Bid adjudication committee CIPRO: Companies and Intellectual Property Registration Office CIPC: Companies and Intellectual Property Commission CV: Curriculum Vitae DPSA: Department of Public Service and Administration IIA: Institute of Internal Auditors IRBA: Independent Regulatory Board for Auditors IRMSA: Institute of Risk Management South Africa ISACA: Information Systems Audit and Control Association MFMA: Municipal Finance Management Act PFMA: Public Finance Management Act OCPO: Office of the Chief Procurement Officer, National Treasury OAG: Office of the Accountant-General, National Treasury RFP: Request for Proposal SAICA: South African Institute of Chartered Accountants SAAMA: Southern African Asset Management Association SARS: South African Revenue Services Service Provider: Any commercial enterprise, business partnership, individual consultant, sole trader, NGO or academic institution TOR: Terms of Reference Page 3 of 18

4 SECTION A: GENERAL CONDITIONS 1 LEGISLATIVE AND REGULATORY FRAMEWORK This bid and all contracts emanating there from will be subject to the General Conditions of Contract issued in accordance with Treasury Regulation 16A published in terms of the Public Finance Management Act, 1999 (Act 1 of 1999). The Special Conditions of Contract are supplementary to that of the General Conditions of Contract. Where, however, the Special Conditions of Contract are in conflict with the General Conditions of Contract, the Special Conditions of Contract will prevail. 2 TAX CLEARANCE CERTIFICATE 2.1 An original and valid Tax Clearance Certificate issued by the South African Revenue Services certifying that the taxes of the bidder are in order must be submitted at the closing date and time of bid. 2.2 Copies and/or certified copies of the Tax Clearance Certificate will not be acceptable. 2.3 Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. 3 SUBMISSION OF BIDS 3.1 Bidders must submit the bid in hard copy format (paper document) to National Treasury: Tender Information Centre on or before the closing date and time. The hard copy of the bid response will serve as the legal bid document. The bid must be addressed to the National Treasury: Tender Information Centre. 3.2 Each bid should be submitted in a separate, sealed envelope or suitable cover on which the name and address of the bidder, the bid number and the closing date must be clearly endorsed. Page 4 of 18

5 4 LATE BIDS Bids received after the closing date and time, at the address indicated in the bid documents, will not be accepted for consideration, and where practicable, be returned unopened to the bidder. 5 COUNTER CONDITIONS Bidders attention is drawn to the fact that amendments to any of the Bid Conditions by bidders may result in the invalidation of such bids. 6 FRONTING 6.1 The National Treasury supports the spirit of broad based black economic empowerment and recognizes that real empowerment can only be achieved through individuals and businesses conducting themselves in accordance with the Constitution and in an honest, fair, equitable, transparent and legally compliant manner. Against this background the National Treasury condemns any form of fronting. 6.2 The National Treasury, in ensuring that bidders conduct themselves in an honest manner will, as part of the bid evaluation processes, conduct or initiate the necessary enquiries/investigations to determine the accuracy of the representation made in bid documents. Should any of the fronting indicators as contained in the Guidelines on Complex Structures and Transactions and Fronting, issued by the Department of Trade and Industry, be established during such enquiry/investigation, the onus will be on the bidder/contractor to prove that fronting does not exist. Failure to do so within a period of 14 days from date of notification may invalidate the bid/contract and may also result in the restriction of the bidder/contractor to conduct business with the public sector for a period not exceeding ten years, in addition to any other remedies the National Treasury may have against the bidder/contractor concerned. 7 SUPPLIER DUE DILIGENCE The State reserves the right to conduct supplier due diligence prior to final award or at any time during the contract period. Page 5 of 18

6 8 COMMUNICATION 8.1 The Chief Directorate: Transversal Contracting: Office of the Chief Procurement Officer (OCPO), National Treasury may communicate with bidders where clarity is sought after the closing date of the bid and prior to the award of the contract, or to extend the validity period of the bid, if necessary. 8.2 Any communication to any government official or a person acting in an advisory capacity for the State in respect of this bid between the closing date and the award of the bid by the bidder is discouraged. 8.3 All communication between the bidder and the Chief Directorate: Transversal Contracting: OCPO must be done in writing. 9 CONTACT DETAILS 9.1 General: Chief Directorate: Transversal Contracting: OCPO, National Treasury, Private Bag x115, Pretoria, 0001 Physical address: 240 Madiba Street, corner of Thabo Sehume and Madiba Streets, Pretoria 9.2 Bid enquiries: Contract Manager: Manthepeng Tshinavha/Steve Roelofse Chief Directorate: Transversal Contracting: OCPO, National Treasury Tel: (012) / Fax: (012) manthepeng.tshinavha@treasury.gov.za/steve.roelofse@treasury.gov.za 9.3 Specification/ Technical enquiries Name: Marius Klue Office of the Accountant-General, National Treasury Tel: (012) marius.klue@treasury.gov.za Page 6 of 18

7 SECTION B1: TERMS OF REFERENCE 10 BACKGROUND 10.1 The responsibility of the Office of the Accountant-General (OAG) is to promote and enforce transparency and effective management in respect of revenue, expenditure, assets and liabilities of institutions in all three spheres of Government. In its mandate the OAG develops policies and frameworks on Financial Accounting, Internal Audit and Risk Management The OAG is responsible for providing support to public sector institutions (national and provincial departments, public entities including their subsidiaries and trading entities, municipalities and municipal entities, and independent institutions established by the Constitution) with the implementation of the related governance policies and frameworks Further to this, the OAG monitors the effectiveness of the financial accounting, internal audit and risk management functions within government institutions and its related oversight structures It is recognised that these functions and disciplines within government institutions relies heavily on the use of consulting services in the execution of its respective mandates. It is the intent of the OAG to centralise the acquisition of consulting services in relation to the disciplines supported by the OAG. 11 OBJECTIVE The objective of this bid is to appoint a panel of professional service providers to assist organs of state on a national, provincial and local government basis with risk management services, internal audit, financial accounting and taxation services in support of the OAG s intent to centralise the acquisition of consulting services. 12 SCOPE OF WORK The scope of work comprises the following: Page 7 of 18

8 12.1 Risk Management The appointment of service providers in terms of sections (38(1)(a)(i) and 51(1)(a)(i) of the PFMA, and sections 62(1)(c)(i) and 95(c)(i) of the MFMA, for the provision of risk management services In terms of the aforementioned legislative requirements Accounting Officers must ensure that their institutions have and maintain an effective, efficient and transparent system of risk management and internal controls The following risk management services are required: Develop and review a risk management policy, framework and strategy for a department/public institution; Develop and review a risk management plan; Develop a risk monitoring and reporting framework Detailed outputs and deliverables pertaining to the aforementioned services are contained in the attached detailed specification document Internal Audit The appointment of Internal Auditors in terms of Treasury Regulations for the provision of Internal Audit Services In terms of Treasury Regulation , the Accounting Officer must have an internal audit function that has been formally defined in an audit charter, and must be consistent with the Institute of Internal Auditors The following internal audit services are required: Develop and review an internal audit policy, framework and strategy; Develop a detailed operational plan and audit programmes for the internal audit function; Conduct internal audit procedures for various work assignments, and Develop an internal audit monitoring and reporting framework. Page 8 of 18

9 Detailed outputs and deliverables pertaining to the aforementioned services are contained in the attached detailed specification document Financial Accounting In terms of Section 19 of the PFMA, a provincial treasury must: Prepare consolidated financial statements, in accordance with generally recognised accounting practice, for each financial year in respect of provincial departments, legislature and public entities under the ownership control of the provincial executive, and Submit those statements to the Auditor-General within three months after the end of that financial year Section 40 of the PFMA sets out the reporting responsibilities for the accounting officer which states that: The accounting officer for a department, trading entity or constitutional institution must keep full and proper records of the financial affairs of the department, trading entity or constitutional institution in accordance with any prescribed norms and standards, and must prepare financial statements for each financial year in accordance with generally recognized accounting practice In terms of the MFMA, Chapter 12 Section 122 (1) every municipality and every municipal entity must for each financial year prepare annual financial statements which (i) fairly presents the state of affairs of the municipality or entity, its performance against its budget, its management of revenue, expenditure, assets and liabilities, its business activities, its financial results, and its financial position as at the end of the financial year; and (ii) disclose the information required in terms of sections 123, 124 and 125 of the act The following services to support the financial accounting function are required: The preparation, compilation and quality review of Annual Financial Statements; Assistance in resolving audit findings; Implementation of Statement of Generally Recognised Accounting Practice; Development of Annual Performance Reports, and Compilation, review and updating of asset registers Page 9 of 18

10 Detailed outputs and deliverables pertaining to the aforementioned services are contained in the attached detailed specification document Taxation Services The following tax services are required: Provision of advisory and consultancy services, and Prepare, review and file Value Added Tax returns with the South African Revenue Services Detailed outputs and deliverables pertaining to the aforementioned services are contained in the attached detailed specification document Forensic Audits The appointment of forensic services in terms of section 6(2)(e) of the PFMA, and section 5(2)(d) of the MFMA, for the provision of forensic services The aforementioned legislation makes provision for the investigation of any system of financial management and internal control in any department, public entity or constitutional institution The following forensic services are required: Investigation litigation support forensic technology fraud prevention services Detailed outputs and deliverables pertaining to aforementioned services are contained in the attached detailed specification document 12.6 The right is reserved to review the specifications as and when required. Page 10 of 18

11 SECTION B2: SPECIFIC BID CONDITIONS 13 DURATION OF FRAMEWORK AGREEMENT The service providers shall be appointed to the panel of service providers for a period of 36 months commencing on 1 September 2015 to 31 August PARTICIPATING GOVERNMENT DEPARTMENTS The panel of service providers established in terms of this bid may be utilised by all organs of state on a national, provincial and local government basis. The procedure relating to the appointment of service providers for specific work assignments is set out in section C of this document. 15 EVALUATION PROCESS 15.1 The evaluation process comprises the following phases: Phase I: Mandatory requirements: During this phase bidders responses will be evaluated based on the mandatory requirements indicated hereunder. This phase is not scored and bidders who fail to comply with all the mandatory criteria will be disqualified. Valid and original tax clearance certificate An original and valid Tax Clearance Certificate, issued by the South African Revenue Services, certifying that the taxes of the bidder are in order, must be submitted with the bid documents at the closing date and time of the bid. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. Service provider profile The bidder shall submit a company profile with the bid documents at the closing date and time of the bid. Company financial statements The bidder shall submit a copy of the bidder s latest available audited financial statements, or confirmation from the bidder s auditors that the bidder is a going concern, with the bid documents at the closing date and time of the bid. Page 11 of 18

12 Shareholding portfolio The bidder shall submit valid proof of registration of the company with CIPRO/CIPC with the bid documents at the closing date and time of the bid. If by law registration with CIPRO/CIPC is not required, proof of ownership/shareholding must be provided. Registration Where applicable, the bidder must submit valid certified copies of registration documents as proof of registration with relevant professional bodies such as SAICA, IRBA, IIA, ISACA, IRMSA and SAAMA. Footprint The bidder shall at the closing date and time of bid submit proof of presence/representation such as a copy of municipal rates and taxes or proof of residence, not older than 6 months, in the province for which a bid is submitted. Bidders will only be accredited in the province/s where they have a footprint. Responsive bids Bidders must ensure their bids are responsive by completing and signing, where applicable, all relevant bid documents. Bid matrix Bidders shall indicate on the accreditation matrix provided in the bid document for which service/s and which sphere of government accreditation is required, subject to the requirement of having presence in such province. Bids received without an indication of at least one service and one province for which accreditation is required will be disqualified Phase II: Functional evaluation: Only bidders who have complied with all mandatory requirements will be evaluated for functionality. During this phase bidders responses will be evaluated for functionality based on achieving a minimum score of 60% for each of the functional requirements set out hereunder. Bidders must, as part of their bid documents, submit supportive documentation for all functional requirements as indicated hereunder. Bidders must provide separate information for each of the main categories of work for which the bidder applies. The Bid Evaluation Page 12 of 18

13 Committee (BEC) responsible for scoring the respective bids will evaluate and score all bids based on their submissions and the information provided. Bidders will not rate themselves, but need to ensure that all information required is supplied. The BEC will evaluate and score all responsive bids and will verify all documents submitted by the bidders. The BEC members will individually evaluate the responses received against the following criteria: Criteria Functional requirements Team qualifications and experience: Bidder must submit CV s in the template format provided of key personnel (maximum 5 CV s per service), that they intend to allocate for specific work assignments flowing from the panel, demonstrating relevant qualifications, skills, expertise and experience. The right is reserved to verify the authenticity of information provided. Documentary evidence to demonstrate previous experience of the bidder in undertaking projects of this nature, and a proven track record. Bidder to provide at least three reference letters from previous clients in the last three years Documentary evidence to demonstrate a structured approach and work methodology/approach through a concise capability statement/ project proposal proving the ability to perform the activities as outlined in the Scope of Work Documentary evidence to demonstrate comprehensive knowledge of the appropriate regulatory framework, such as the PFMA, MFMA and other national and local government laws and regulations. Weight Total 100 Page 13 of 18

14 The score for functionality will be calculated as follows: Each BEC member will rate each individual criterion on the score sheet using the following value scale: Performance Description Score Very Good Response addresses and exceeds the functionality requirements 3 Compliant Response addresses all functionality requirements 2 Requires Attention Inadequate Response partially addresses the functionality requirements Response did not address the functionality requirements 1 0 The value scored for each criterion will be multiplied with the specified weighting for the relevant criterion to obtain the marks scored for each criterion. These marks will be added and expressed as a fraction of the best possible score for all criteria. This score will be converted to a percentage and only bidders that have met or exceeded the minimum threshold of 60% for functionality (phase II) will be considered for inclusion in the panel. 16 PRICING 16.1 Bidders are requested not to submit any price proposals at this stage as prices will become a major factor only in the downstream process when service providers are selected from the panel for work assignments. It must be noted, however, that the maximum hourly rates applicable to specific work assignments will be based on the latest rates for consultants as published by SAICA for the Auditor-General, or by the DPSA at a maximum equivalent to salary level 16: Hourly fee rates for consultants, Model A (short term) or Model B (long term), whichever is applicable. Page 14 of 18

15 16.2 Service providers selected for specific work assignments will be remunerated on a time and cost basis for work done at the aforementioned hourly rates applicable at the time of contracting for the work assignment. 17 NON-COMMITTMENT 17.1 The right is reserved not to accept any of the bids submitted The right is also reserved to withdraw or amend any of the bid conditions by notice in writing to all bidders. Page 15 of 18

16 SECTION C: POST-AWARD CONDITIONS 18 PANEL MANAGEMENT 18.1 The administration and facilitation of the panel of service providers will be the responsibility of the Chief Directorate: Transversal Contracting: OCPO, National Treasury and all correspondence in this regard must be directed to the following address: The Chief Directorate: Transversal Contracting: OCPO, National Treasury Private Bag X115, Pretoria, The management of the performance of service providers on the panel will be the responsibility of the Chief Directorate: Transversal Contracting: OCPO, National Treasury. Service providers on the panel may be removed from the panel for continuous nonperformance Service providers on the panel must advise the Chief Directorate: Transversal Contracting: OCPO, National Treasury immediately of any significant changes in their status, or when the execution of their responsibilities as a panel member will be adversely affected. Full particulars of such circumstances must be furnished The right is reserved to refresh the panel of service providers at any time during the tenure of the contact should there be a need for additional professional services. 19 CONTRACTING OF SERVICE PROVIDERS FOR ASSIGNMENTS 19.1 The contracting of service providers for specific work assignments will be facilitated by the Office of the Accountant- General (OAG), or its appropriate delegated authority There is no guarantee that a service provider on the panel will be contracted for specific work assignments during the tenure of this contract For each work assignment the OAG, after consultation with the relevant government client, will issue a Request for Proposal (RFP) detailing specifics of the work assignment such as the scope of work and bid conditions The selection of service providers from the panel for the RFP process will be on a rotational basis or be guided by the specific service required and government client concerned. Page 16 of 18

17 19.5 The contracting period with service providers for specific work assignments may not exceed a period of three (3) years from award of the work assignment contract The OAG will be responsible for the evaluation of bids received in terms of the RFP, and award of contracts for specific work assignments, which may include service level agreements The OAG reserves the right to appoint more than one service provider for the same work assignment Payments in respect of specific work assignments are the responsibility of the relevant government client The OAG will determine the guidelines for the payment of fees in accordance with predetermined project deliverables. 20 ASSIGNMENT EXECUTION Service providers who have been contracted for specific work assignments must advise the relevant government client and the OAG immediately when the execution of an assignment will be adversely affected. Full particulars of such circumstances as well as the period of delay must be furnished. 21 AMENDMENTS TO CONTRACTS FOR SPECIFIC ASSIGNMENTS No agreement to amend or vary a contract or the conditions, stipulations or provisions thereof shall be valid and of any force and effect unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. 22 COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS 22.1 Copyright of all documentation resulting from contracts arising from RFP s issued belongs to the government client concerned. The service provider may not disclose any information, documentation or products to other clients, or to any other party, without the written approval of the government client concerned The intellectual property rights arising from the execution of a contract shall vest in the government client concerned and the service provider undertakes to honour the client s intellectual property rights and all future rights by keeping the know-how and all published and unpublished material confidential. Page 17 of 18

18 23 SKILLS TRANSFER In order to comply with the requirement for transferring skills and with the view of building internal capacity, service providers will work closely with the personnel of the relevant government client. To this end a comprehensive skills transfer plan will form an integral part of each RFP to be issued for specific work assignments. 24 REPORTING Government clients are required to submit to the OAG an inception and closure report for each work assignment as part of the quality assurance process. 25 LOCAL ECONOMIC DEVELOPMENT Local economic development of firm capacity and individual skills, and economic transformation, are critical elements of sustainable economic growth. Therefore bidders must ensure that they make provision for local economic development and socio-economic objectives. Such objectives include SMME development, Broad Based Black Economic Empowerment, employment creation and the support for, and participation of, locally owned and operated firms in the supply chain. This requirement will form part of every RFP to be issued in terms of this bid. Page 18 of 18