REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS APPOINTMENT TO THE IDT S PANEL OF ATTORNEYS & LABOUR LAW CONSULTANTS FOR A PERIOD OF THREE (3) YEARS. RFP Number: IDT/LEG-01/ Issue Date: 25 th May 2015 Closing Date: 26 th June 2015 Closing Time: 12h00 Bid Validity Period: Sixty (60) days from closing date Page 1 of 21

2 1. HISTORICAL BACKGROUND AND OVERVIEW OF THE IDT 1.1 The IDT was established through an endowment from government in 1990 and it was integrated into the public service delivery system with the promulgation of the Public Finance Management Act in Building on the IDT s effectiveness as a redistributive mechanism it was constituted as a Public Entity to support Government with the eradication of poverty. This mandate remains unchanged, and the IDT s corporate strategy is grounded in this mandate and its role as a Public Entity and Government Development Agency. 1.2 The Accounting Authority of the IDT, the Board of Trustees, reports to Parliament through its Executive Authority, the Minister of Public Works. The nature of the relationship between the Accounting Authority and its Executive Authority is set out in a Shareholder s Compact and implemented through the IDT s Corporate Business Plan and Budget, which constitute a performance agreement between the Minister and the IDT, and comprise the basis for assessments of the IDT s performance and impact as a Public Entity. 1.3 The Legal Services Sub-Unit of the IDT is responsible for the general provision of legal services to the organization. As a Premium Government Development Agency and due to the number of projects the IDT implements and the number of contracts entered into with the service providers, the Legal Services Sub-Unit of the IDT is predominantly occupied. 1.4 Human Resource Sub-Unit is from time to time required to defend the organization at the CCMA or Labour Court. Page 2 of 21

3 1.5 Accordingly, the IDT is seeking to procure the services of qualified and experienced service providers (Law Firms) to assist the IDT in rendering legal and labour services on an adhoc basis for specific assignments. 2. TERMS AND CONDITIONS This Request for Proposal (henceforth referred to as RFP) has been compiled by the IDT. It is being made available, on the same basis, to all bidders. Bidders submitting a Bid in response to this RFP will be deemed to do so on the basis that they acknowledge and accept the terms set out below: 2.1 The IDT reserves the right to amend, modify or withdraw this RFP or amend, modify or terminate any of the procedures or requirements set out herein at any time and from time to time, without prior notice and without liability to compensate or reimburse any person. 2.2 The IDT reserves the right to carry out site inspections or call for supporting documentation in order to confirm any information provided by a Bidder in its RFP Bid. 2.3 This RFP is not intended to form the basis of a decision to enter into any transaction involving the IDT, and does not constitute an offer or recommendation to enter into such transaction, or an intention to enter into any legal relationship with any person. 2.4 A Bid submitted in response to this RFP will constitute a binding offer which will remain binding and irrevocable for a period of three (3) from the date of submission to the IDT. The offer constituted by the Bid will be deemed not to have been accepted and no agreement will be deemed to be reached with any Bidder, unless and until a definitive Agreement and other related Page 3 of 21

4 transaction documents are concluded between the IDT and the Preferred Bidder. 2.5 Distribution of this RFP outside the Republic of South Africa may be restricted or prohibited by the laws of other countries. Recipients of this RFP are advised to familiarize themselves with and comply with all such restrictions or prohibitions applicable in those jurisdictions, and neither the IDT, nor any of their respective directors, officers, employees, agents, representatives or advisors, accepts liability to any person for any damages arising out of or in connection with the breach of any restriction or provision outside the Republic of South Africa. Persons contemplating submitting a Bid are advised to obtain legal advice as to the possible consequences thereof in terms of the law of the jurisdictions in which they are located. 2.6 Recipients of this RFP document may only distribute it to other parties whom they wish to involve as part of their Bidder consortium in submitting a Bid. 2.7 Neither the IDT nor any of their respective directors, officers, employees, agents, representatives or advisors will assume any obligation for any costs or expenses incurred by any party in or associated with preparing or submitting a Bid in response to the RFP. 2.8 No entity may be involved, whether directly or indirectly, in more than one Bid in response to this RFP. A failure to comply with this requirement may, within the sole discretion of the IDT, result in disqualification of the relevant entity. 2.9 Any material change in the control and/or composition of any Bidder or any core member of a Bidder after submission of a Bid, shall require the prior written approval of the IDT, and any failure to seek such approval from the IDT shall result in the IDT being entitled, in its sole discretion, to exclude the relevant Bidder from any further participation in the bid process. The IDT Page 4 of 21

5 shall be the sole arbiter as to what constitutes a material change in the control and/or composition of any Bidder, and as to what constitutes a core member of a Bidder for purposes of such approval. Any request for such approval shall be made to the IDT in writing and shall provide sufficient reasons and information to allow the IDT to make a decision. The IDT reserves the right to accept or reject any such request for approval in its sole discretion Any requirement set out in this RFP that stipulates the form and/or content of any aspect of a Bid, is stipulated for the sole benefit of the IDT, and save as expressly stated to the contrary, may be waived by the IDT in its sole discretion at any stage in the RFP process The IDT and its advisors may rely on a Bid as being accurate and comprehensive in relation to the information and proposals provided therein by the Bidders All Bids submitted to the IDT will become the property of the IDT and will as such not be returned to the Bidder. The IDT will make all reasonable efforts to maintain proposals in confidence. Proprietary information should be identified as such in each proposal If the IDT amends this RFP, the amendment will be sent to each Bidder in writing. No oral amendments by any person will be considered or acknowledged This document is released for the sole purpose of responding to this RFP and must be considered confidential. In addition, the use, reproduction or disclosure of the requirements, specifications or other material in this RFP is strictly prohibited All Bids must be formulated and submitted in accordance with the requirements of this RFP. Page 5 of 21

6 2.16 Only legal practices established and registered in accordance with the provisions of the attorneys Act, 1979 (Act No. 53 of 1979 as amended) will be considered for this RFP The requirements of the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000) and Preferential Procurement Regulation 2011will be applicable to the selection process in respect of this RFP The firms of attorneys will be required to sign confidentiality and indemnity agreements with the IDT The firms of attorneys may not cede or assign any part of its agreement with the IDT nor subcontract any part of the work assigned to them without the prior written authorization of the IDT The firms of attorneys must declare any possible conflict of interest with the IDT in the pursuance of the proposed assignment In the event that any conflict of interest is discovered during the assignment, the IDT reserves the right to summarily cancel the agreement and demand that all information, documents and property of the IDT be returned forthwith The general conditions of tender, contract and order will be applicable to this RFP. 3. EXPERTISE AND SKILLS REQUIRED 3.1 The IDT requires the services of qualified attorneys and labour consultants to render legal services in the fields as stated hereunder, to be appointed in each Province in South Africa for a three (3) years contractual period. Page 6 of 21

7 3.2 Attorneys who are already on IDT s supplier database should also submit their proposal. 4. SCOPE OF SERVICES 4.1 Firms of attorneys will be required to render services to the IDT on a wide range of legal matters relating to, amongst others, the following fields of law: Public Private Partnership; Project Finance; Commercial and Contract Law; Commercial and Civil Litigation; Labour and Employment Law; Constitutional Law; Administrative Law; Construction Law; Corporate Law; Insurance Law; Corporate Governance; Supply Chain Management; Environmental Law; and Any other specialized field of law that the firm of attorney has expertise in and that is relevant to the working environment of the IDT. 4.2 ESSENTIAL SPECIALIZED FIELD OF LAW Commercial and Civil Litigation Page 7 of 21

8 Attorneys will attend to Civil Litigation on behalf of the IDT, either in the court of law or through arbitrations. Attorneys are required to have an in-depth practical knowledge of civil litigation procedures through arbitration or in the High Court and Magistrates Court Attorneys are required to have practical knowledge of:- the entire spectrum of construction and engineering law, and the related regulatory environment, but not limited to the knowledge of the standard forms of contract, including FIDIC, the NEC, the SAICE General Conditions of Contract, PROCSA and the JBCC; and Construction Industry Development Board (CIDB) and its legislations (Construction Industry Development Board Act, 2000, Construction industry Development Regulations, 2004 (as amended), CIDB s Code of Conduct for all parties engaged in Construction Procurement and CIDB's Inform Practice Notes) Insolvency Attorneys will be required to assist the IDT in obtaining legal opinions and/or pursue litigation within the insolvency/liquidation process/business rescue. A thorough knowledge of the nature and effect of insolvency/liquidation/ business rescue legislation and case law is required. Page 8 of 21

9 4.2.3 Commercial Contract Drafting Practical knowledge is required of all spheres of commercial and construction law including but not limited to knowledge and application of the standard forms of contract, including FIDIC, the NEC, the SAICE General Conditions of Contract, PROCSA and the JBCC. Over and above the above-mentioned standard forms of contract, Attorneys may be required to attend to drafting, negotiation and interpretation of commercial agreements more specifically, but not limited to: Lease Agreements; Service Level Agreements (SLA); Memorandum of Agreements (MOA); Memorandum of Understandings (MOU): Programme Implementation Agreements (PIA); Labour and Employment Law Expertise in labour and employment law matters are required, more specifically: o Ability to prosecute senior level employees in disciplinary hearings; o Advise on procedural and substantive issues relating to disciplinary hearings conducted; o Advise on disciplinary codes, policies and governing legislation; Page 9 of 21

10 o Representation at the CCMA, Labour Court and Labour Appeal Court; o Advise and assist in process and compliance with Section 189 of the Labour Relations Act 66 of 1995 procedures; o Negotiation and settlement of labour disputes whether with individual employees or the bargaining unit represented by a union; o Provision of Legal Opinion; o Investigation of alleged misconduct. 5. SPECIAL CONDITIONS 5.1 Service delivery levels and quality of the work will be a measure of appointment and retention in the panel; 5.2 A firm of attorneys assigned any work may not cede, assign or sub-contract any part thereof to any person unless with the written consent of the IDT or as may be required by the applicable laws, for instance, in cases where correspondent attorneys may be necessary; 5.3 Fees shall be charged in accordance with the IDT s Service Level Agreement and Milestones mentioned therein. The Service Level Agreement will be signed with the successful bidders; 5.4 There will be no guarantee that attorneys will receive instructions if they are appointed onto the IDT s panel; Page 10 of 21

11 5.5 All instruction(s) to the panel attorneys shall be given, in writing, by duly authorized representative of the IDT. 5.6 The panel will be reviewed on a 3 yearly basis and attorneys on the panel may have to resubmit their proposals; 5.7 The IDT shall be entitled in its discretion to remove a firm of attorneys from the panel before the expiry of the said 3 years period by written notice and recall all the files in the possession of the said law firm. 5.8 The firm shall have at least 5 years experience. In the case of a new firm, the attorneys who will be dealing with the IDT matters shall have at least five years post admission experience. 5.9 The general conditions of tender, contract and order will be applicable to this tender Intellectual property rights: All copyright and intellectual property rights that may result as consequences of the work to be performed will be become the property of the IDT; Firms of attorneys must hand over all documents and information in any format, including copies thereof, that it received from the IDT or that it had access to during the assignment immediately after completion of the assignments to the IDT; Firms of attorneys shall deliver to the IDT, on completion of an assignment, any security devices, passwords or protective mechanisms to the soft versions of documents that were written and the IDT will have the right to amend and change these without Page 11 of 21

12 obligation whatsoever to the firms of attorneys upon completion of the assignment The IDT reserves the right, under exceptional circumstances, to appoint attorneys outside the panel attorneys. 6. COMPANY PROFILE / PROPOSAL Your company profile must be a maximum of 5 pages and address the following areas / headings in the following order: 6.1 HISTORY Provide a brief history of the firm and an outline of the firm s organogram, indicating names of resources and geographic structure (provincial/regional offices within the Republic of South Africa) (excluding alliances or affiliation or association you may have with other law firms) 6.2 CLIENT BASE Provide a list of clients for whom legal services were rendered on a regular basis in the past 3 years. The most recently served clients must be mentioned first and specify the nature of all work done. 6.3 FIELD OF EXPERTISE Each proposal must include the specialist fields of law of the firm, with specific reference to the fields as set out in paragraph 4.2 above. If a firm of attorneys has expertise in more than one field of law, all relevant fields must be indicated in the proposal together with demonstrated experience in the specified areas of law. Clearly indicate for which of the 12 specialist Page 12 of 21

13 fields (as set out in paragraph 4 above) your firm tenders to provide legal services to the IDT. 6.4 YOUR TEAM CV s of your core service team that will be attending to the IDT work with specific reference to their educational/ professional background and their relevant experience. 6.5 FEES The IDT remunerates attorneys for legal services rendered by way of a set tariff structure (see below table) and fees shall be charged in accordance with the IDT Service Level Agreement and Milestones mentioned therein. FEES FOR DEFENDED AND OPPOSED MATTERS Position Rate (per hour excluding VAT) Director/Partner R Senior Associate R Associate R Candidate Attorney R For competitive purposes, bidders are allowed to tender tariffs below the maximum hourly rate prescribed above, which will become their tender price on the 90/10 score card Fees should be indicated in an hourly rate. Distinction should be made between fees for a Director/Partner, Senior Associate, Associate, Professional Assistant and Candidate Attorney. Page 13 of 21

14 7. BIDDERS CONFERENCE No briefing session. 8. BID DOCUMENT COLLECTION & SUBMISSION 8.1 The RFP document will be available on the IDT s website- from Monday, 25 th May Responses must be neatly bound, reflect the reference number (see table below) of the Region in which the attorneys carries on its business. 8.3 Proposal should be separated into two parts: General Legal Services; Labour and Employment Law. 8.4 Proposals may be deposited in or couriered to the tender box at the reception area of the preferred Office/s as listed below on or before 12h00, on 26 th June OFFICE NAME PHYSICAL ADDRESS REGIONAL REFERENCE Head Office and Gauteng Regional Office Glenwood Office Park Cnr. Oberon & Sprite Streets Faerie Glen Pretoria Or International Business Gateway Cnr. 6th & New Road Sanlam Building First Floor Midrand 1685 IDT/LEG-01/ /GP Page 14 of 21

15 OFFICE NAME PHYSICAL ADDRESS REGIONAL REFERENCE Eastern Cape Free State KwaZulu Natal Limpopo Mpumalanga Northern Cape North West Western Cape Palm Square Business Park Bonza Bay Road Silverwood House Beacon Bay East London 5241 PHG Building / The Courtyard 196 Nelson Mandela Drive Brandwag Bloemfontein 12 th Floor the Marine 22 Dorothy Nyembe Street Durban Hans Van Rensburg Street 2nd Floor Polokwane 34 Brown Street 1 st Floor ABSA Building Nelspruit 10 Roper Street Kimberley Joules Street Mafikeng Waterkant Street 2nd Floor Cape Town 8000 IDT/LEG-01/ /EC IDT/LEG-01/ /FS IDT/LEG-01/ /KZN IDT/LEG-01/ /LP IDT/LEG-01/ /MP IDT/LEG-01/ /NC IDT/LEG-01/ /NW IDT/LEG-01/ /WC 9. EVALUATION CRITERIA FOR FUNCTIONALITY A bidder that scores less than 70% of total functionality points will be disqualified. The functionality criteria are listed below, and will be rated as follows: Page 15 of 21

16 Item Description Details Documents To Provide Scale Weight 1 Capacity The bidder s infrastructure resources and proof of existence. Company profile incorporating: Proof that the bidder has been in existence and in practice for a period of at least three (3) years at the closing date of this request for proposals (minimum of three (3) years of existence and in practice; and 10 Record of Infrastructure: confirmation of the premises from which the bidder 15 conducts its business, the bidder s communication and documents service facilities (maximum points allocation = providing the bidder s fixed address, lead attorney s address, telephone and facsimile number and computer system being used by the bidder) Knowledge Area(s) of Curriculum vitae of the lead attorney (s) and specialty of incorporating: expertise the lead attorney(s) as a. Proof of qualifications and 20 per the areas admission as an attorney; of the law listed in b. A record of attendance and a brief 25 paragraph 3 summary of three (3) complex hereof. matters attended to by the lead attorney(s) under the identified Demonstrable area(s) of service in the last three experience in Page 16 of 21

17 3 Track record (references) the identified area(s) of the law and ability to conduct research and provide solutions. (3) years prior to the closing date of this request for proposal; and c. Proof of the lead attorneys five (5) years post admission experience in the identified area (s) of service. Three reference letters from clients to whom the bidder has provided services similar to ones listed in the identified area of service These reference letters must be on client s letterhead and the service must have been rendered in the last two years prior to the closing date of this request for proposals (maximum points allocation = at least three (3) reference letters). 15 TOTAL FUNCTIONALITY POINTS PREFERENCE POINT SYSTEM 10.1 The formula below will be used to calculate the preference procurement points for price: Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid or offer under consideration Pmin = Comparative price of lowest acceptable bid Page 17 of 21

18 10.2 Depending on the bidder s level of Broad-Based Black Economic Empowerment contribution, a maximum of 10 points may be allocated to a bidder. The points scored by a bidder for Broad-Based Black Economic Empowerment contribution must be added to the preference procurement points allocated for price. In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: BBEE Status Level of the bidder Number of points Non-compliant contributor Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their Page 18 of 21

19 B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS 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 bid A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder 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 bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract A person awarded a contract may not sub-contract more than 25% of the value of the contract to another 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 EME that has the capability and ability to execute the sub-contract. 11. TENDER EVALUATION Tender evaluation will be done as per the phases below: 11.1 Phase 1 will be the screening of mandatory documents, ensuring compliance thereof and evaluation of specific goals. Tenderers must submit Page 19 of 21

20 all mandatory documents to qualify to phase two of the evaluation, failure to do so will lead to disqualification Phase 2 will be an evaluation on functionality wherein tenderers who do not meet the threshold of 70% of total functionality points will be disqualified and will not be further considered for phase 3 of the evaluation Phase 3 will be evaluation on B-BBEE and price, where the highest point scorer will be recommended for the tender award. 12. ENQUIRIES 12.1 Should it be necessary for a bidder to obtain clarity on any matter arising from or referred to in this RFP document, please refer your enquiries, in writing, to the contact person(s) listed below Senior Manager: Legal Services- Mr. Ntsumbedzeni Nemasisi at (012) ntsumbedzenin@idt.org.za 13. COMPULSORY RETURNABLE DOCUMENTS The following compulsory returnable documents must be submitted with the proposal in the following sequence. Failure to supply any of these documents will lead to disqualification from this bid: a) Company registration documents, if incorporated; b) Valid and Original Tax Clearance Certificate; c) Firm s Indemnity Certificate issued by the Attorneys Insurance Fidelity Fund for the present year; d) Valid certified copy of the Fidelity Fund Certificates; Page 20 of 21

21 e) Proof of FICA registration; f) Letter of good standing with the relevant Law Society, for each team member, not older than 3 months; g) Fully signed SBD forms and Supplier Database Registration Form. 14. Late submissions will not be accepted. 15. Bids submitted by means of , telegram, telex, facsimile, electronic or similar means shall not be considered. 16. The IDT is not obliged to accept the lowest or any bid and reserves the right to accept any bid in whole or part. Page 21 of 21