Post on 18-Sep-2020
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page i of 102
INVITATION TO TENDER
PROCUREMENT OF AN ELECTRONIC PROGRAMME / PROJECT
MANAGEMENT SYSTEM (EPPMS)
FOR THE PROGRAMME MANAGEMENT SERVICE UNIT (PMSU)
OF THE INDEPENDENT DEVELOPMENT TRUST (IDT)
Closing date:
26 February 2018 at 11h00
ISSUED BY:
THE INDEPENDENT DEVELOPMENT TRUST
IDT HEAD OFFICE
CORNER OBERON AND SPRITE STREETS
GLENWOOD OFFICE PARK
FAERIE GLEN
0043
TEL: (012) 845 2000
Website: www.idt.org.za
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page ii of 102
Table of Contents
1. TENDER DETAILS ................................................................................................................ 1
1.1 Invitation to Tender.......................................................................................................................... - 2 -
1.2 Tender Data .................................................................................................................................... - 4 -
1.3. Tender Evaluation Procedure ............................................................................................................ - 6 -
1.3.1 Stage 1: Eligibility of Bidders. - 6 -
1.3.2 Stage 2: Evaluation on Functionality/Technical Requirements - 6 -
1.3.3 Stage 3: Evaluation on the 90/10 or 80/20 Preference Points system - 9 -
1.4 IDT’s Reservation of Rights .......................................................................................................... - 11 -
2. RETURNABLE DOCUMENTS ........................................................................................ - 12 -
2.1 List of Returnable Documents ....................................................................................................... - 13 -
2.1a – List of Compulsory Documents to be submitted with the tender - 13 -
2.1b – List of Financial Returnable Documents (COMPULSORY) - 13 -
2.1c – List of Technical and Preferential Returnable Documents - 14 -
2.2 Returnable Documents Schedule ................................................................................................. - 15 -
2.1a – 1: Proof of Registration with the Central Supplier Database (CSD) - 16 -
2.1a – 2: Invitation to Bid (SDB 1) - 17 -
2.1a – 3: Declaration of Interest (SBD 4) - 19 -
2.1a – 4: Preference Points Claim Form in Terms of the Preferential Procurement Regulations 2017
(SBD 6.1) - 23 -
2.1a – 5: Declaration of Bidders Past Supply Chain Management Practices (SBD 8) - 30 -
2.1a – 6 Certificate of Independent Bid Determination (SBD 9) - 32 -
2.1a – 7: Project Management System used in Public Sector - 34 -
2.1a – 8: Company Registration - 35 -
2.1a – 9: Notarised Join Venture or Consortium Agreement - 36 -
2.1.a – 10: Attendance to the compulsory briefing meeting - 37 -
2.1b – 1: Detailed Financial Proposal of EPPMS - 38 -
2.1c – 1: Existing Electronic Programme/Project Management System Description and Capability - 39 -
2.1c – 2: Bidder Experience and Track-record on Programme / Project Management System - 41 -
2.1c – 3: Approach and Methodology - 43 -
2.1c – 4: Project Schedule - 44 -
2.1c – 5: B-BBEE (Broad Black Economic Empowerment) - 45 -
2.1c – 6: Tax Clearance Certificate - 46 -
3. EPPMS PROJECT OVERVIEW AND OBJECTIVES ..................................................... - 47 -
3.1 EPPMS Project Summary ............................................................................................................. - 48 -
Page i of ii
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page iii of 102
3.2 Background ................................................................................................................................... - 48 -
3.3 Objective ....................................................................................................................................... - 48 -
3.4 Scope and Exclusions ................................................................................................................... - 49 -
3.5 High Level Deliverables ................................................................................................................ - 49 -
3.6 Phases and Deliverables .............................................................................................................. - 50 -
4. EPPMS GENERAL REQUIREMENTS ............................................................................ - 53 -
4.1 Overview of the IDT....................................................................................................................... - 54 -
Who is the IDT? - 54 -
Organisational Structure - 54 -
Office Locations - 55 -
EPPMS Stakeholder Groups - 55 -
EPPMS User Roles - 56 -
IDT Technology Environment - 57 -
4.2 IDT Project Management Processes ............................................................................................ - 59 -
4.3 EPPMS Functions ......................................................................................................................... - 60 -
4.4 Access Required ........................................................................................................................... - 63 -
IDT Users - 63 -
Service Providers - 64 -
Clients - 64 -
Other External Users - 64 -
Key Principles - 64 -
4.5 Electronic Signature ...................................................................................................................... - 65 -
5. CONTRACT DATA .......................................................................................................... - 66 -
6. ANNEXURE: .................................................................................................................... - 67 -
ANNEXURE A: Independent Development Trust Standard Conditions of Tender ................................. - 68 -
ANNEXURE B: Service Level Agreement ............................................................................................... - 78 -
Page ii of ii
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page 1 of 102
1. TENDER DETAILS
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 2 - of 102
1.1 Invitation to Tender
Tender Number: IDT-NAT-EPPMS-2018
The Independent Development Trust (hereinafter “IDT”) invites companies with extensive experiences in the
development and commissioning of an Electronic PROGRAMME / PROJECT MANAGEMENT SYSTEM
(ePPMS) in the built environment sector.
Driven by the IDT Vision of being “A leading public sector developmental programme implementation
management agency”, continuous improvement to institute best programme and project management
practices in supporting various clients department in the delivery of social and basic services infrastructure
and related development objectives, is imperative to achieve efficiency to meet the client demands. The IDT
initiated a multiyear project named “Programme/Project Management System (PPMS) which focuses on the
improvement and integration of programme and project delivery management systems and processes
governed by the Built Environment and the Public Sector Standards and Practices.
The ultimate objective of the project is to acquire an existing Project Management System that can be
customised to the IDT Programme/Project Management System requirements. The electronic system should
include workflows in line with the IDT programme and project management processes as well as automation,
and it should be able to shorten the IDT’s project delivery periods by eliminating inefficiencies and creating a
robust electronic “audit-trail”. The scope of the project includes a minimum of three (3) years maintenance and
support
A compulsory briefing session will be held on 12th February 2018 at 10:00 at the IDT offices in Pretoria.
The bid closes on 26th February 2018 at 11:00AM. Original bids must be submitted and deposited in the
Tender Box at the IDT Head Office, Corner Oberon and Sprite Streets, Glenwood Office Park, Faerie
Glen, 0043. Telegraphic, telephonic, telex, facsimile, e-mail and late tenders WILL NOT be accepted.
The Bids will be evaluated on comparative basis in terms of IDT SCM Policies and Procedures. Only competent
bidders who have exceeded the minimum functionality threshold will be evaluated on 80/20 or 90/10 (Price /
B-BBEE) points basis in terms of the Regulation 6 (1) and 7 (1) of the Preferential Procurement Regulations
of 2017.
Functionality criteria scoring will be evaluated in two (2) phases. Only bidders scoring 70 points and above
under Phase one (1) of functionality criteria will be eligible to be evaluated under Phase two (2) which entails
the presentation and interview process with the client. Bidders must be prepared to do a 30 minutes
presentation. The presentation should be focussed on a Brief System Overview, Previous Experience,
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 3 - of 102
Approach and Methodology, among other. Only bidders that again obtain and pass the 70 scoring threshold
of the second phase will qualify for further evaluation on the 80/20 or 90/10 Preference Point System.
The Phase 1 evaluation under functionality criteria is as follows:
Criteria Points Allocation
Programme / Project Management System 30 points
Bidder Experience and Track-record on Programme / Project Management System 25 points
Approach and methodology 30 points
Project Schedule 15 points
Total 100 points
Only bidders scoring 70 points and above under these Phase of functionality criteria will be eligible to be evaluated under second
Phase which entails the interview and presentation process with the client.
Bidders tendering as joint ventures / consortiums are required to submit an original consolidated B-BBEE
certificate from a SANAS accredited verification agency in order to qualify for points for the B-BBEE status
level.
Tender documents will be available from the IDT website at www.idt.org.za and from the eTenders at
www.etenders.gov.za free of charge from Monday, 5th February 2018.
Enquiries should be directed to the following contacts:
− For Technical matters related: Mrs Yeline Ferrer, e-mail: yelinef@idt.org.za
− For Supplier Chain Management (SCM) related queries: boitshokoma@idt.org.za
The IDT deems a submission of a tender by a bidder in response to this Invitation to constitute acceptance of
the IDT Standard Conditions of Tender.
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 4 - of 102
1.2 Tender Data
The IDT Standard Conditions of Tender make several references to the Tender Data for details that apply
specifically to this tender. The Tender Data shall have precedence in the event of any ambiguity or
inconsistency between it and the Standard Conditions of Tender.
Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to
which it mainly applies.
Clause
number Tender Data / Clause description
1.2.1 The Employer is Independent Development Trust (hereinafter “IDT”)
Physical address:
IDT Head Office
Corner Oberon and Sprite Streets
Glenwood Office Park
Faerie Glen 0043
Tel: (012) 845 2000 - Fax: 086 589 6855
Website: www.idt.org.za
The IDT Representative:
Ms. Yeline Ferrer
Tel. (012) 845 2186
e-mail: yelinef@idt.org.za
1.2.2 Only those bidders who satisfy the following compulsory requirements are eligible to submit
tenders:
South African registered entities;
In case of a Consortium, notarized Consortium Agreement;
Proof that the existing proposed electronic Project Management System has been
implemented by the bidder and used by other clients involved with the built environment
industry.
1.2.3 Compulsory requirements shall be valid at the time of the closing date; failure to comply will result
in disqualification.
1.2.4 A compulsory briefing session will be held on 12th February 2018 at 10:00AM at the IDT offices in
Pretoria.
1.2.5 Prospective bidders are encouraged to submit their requests for clarification in writing not later
than 7 calendar days before the closing date (i.e. 19st February, 12:00 PM). However the Employer
shall respond to requests for clarification received up to 4 calendar days prior to tender closure (i.e.
22nd February 2018, 12:00 PM).
1.2.6 The tender shall be for the entire scope defined under section 3.4, 3.5 and 3.6 below which refer to
acquiring of an existing Electronic Project Management System that can be customised to the IDT
Programme/Project Management System requirements.
1.2.7 The Tender Validity period is 90 days from the closing date.
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 5 - of 102
1.2.8 The Tender shall be submitted in two envelops as an original, failure to comply will result in
disqualification of the tender. The tender document must be hard copy files marked “original”.
Envelop No 1: enclosing the Compulsory Returnable documents (as per 2.1a) and the
Technical documentation (as per 2.1c below).
Envelop No 2: enclosing the Detailed Financial Proposal (as per 2.1b below).
1.2.9 To facilitate the tender evaluation process, the bidders are encouraged to compile their Tender
Document following the same order that have been specified in section 2.1 “ List of Returnable
Documents” guided by templates provided under section 2.2 “Returnable Document Schedule”
1.2.10 The Invitation to Tender number is : IDT-NAT-ePPMS-2018
1.2.11 The deadline for tender submission is 26th February 2018 @ 11h00 AM.
1.2.12 Public opening of the Bids documents is not applicable since the bid response process to be
followed is the two envelop system.
1.2.13 The tender shall be addressed to the Employer with a cover page indication the following:
INDEPENDENT DEVELOPMENT TRUST (IDT)
PROCUREMENT OF AN ELECTRONIC PROGRAMME / PROJECT MANAGEMENT SYSTEM
(EPPMS) FOR THE PROGRAMME MANAGEMENT SERVICE UNIT (PMSU)
MARKED AS TENDER REF: IDT-NAT-ePPMS-2018
BIDDER NAME:_____________________________________________
COMPANY REGISTRATION NUMBER: _________________________
Physical Address for delivery of tender:
IDT Head Office
Glenwood Office Park
Corner Oberon and Sprite Streets
Faerie Glen 0043
1.2.14
The place for delivery of the tender is:
The IDT Tender Box located at (main reception at the physical address given above)
1.2.15 The Bids will be evaluated on comparative basis in terms of IDT SCM Policies and Procedures. Only
competent bidders who have exceeded the minimum functionality threshold will be evaluated on a
80/20 or 90/10 (Price / B-BBEE) preference point system in line with the Preferential Procurement
Policy Framework Act, 2017.
1.2.14 Functionality criteria scoring will be evaluated in two (2) phases. Only bidders scoring 70 points and
above under phase one (1) of functionality criteria will be eligible to be evaluated under Phase two
(2) which entails the interview process with the client. Bidders must be prepared for a 30 minutes
presentation should be focussed on a Brief System Overview, Previous Experience, Approach and
Methodology, among other. Only bidders that again obtain and pass the 70 points threshold of the
second phase will qualify for further evaluation on the 80/20 or 90/10 Preference Point System.
Please refer to item 1.3 “Tender Evaluation Procedure” for more details.
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 6 - of 102
1.3. Tender Evaluation Procedure
Tender evaluation will be done as per the stages below. Envelop No 1 will be opened for the Bid Evaluation
process Stage 1 and 2; envelop No 2 will be opened for the Bid Evaluation process Stage 3.
1.3.1 Stage 1: Eligibility of Bidders.
Stage one (1) entails the process of ensuring compliance of the bidders. Bidders shall submit all
mandatory returnable documents to qualify for stage two (2) of the evaluation processes. Failure to
submit any of the compulsory returnable documents will lead to disqualification.
Table 1.3 lists the compulsory returnable documents that shall be submitted by all bidders to be
considered eligible for this tender.
2.1a - 1 Proof of Registration with the National Treasury Central Supplier Database (CSD)
Submit the CSD Report. If a joint venture, consortium or other unincorporated grouping
of two or more persons (“joint venture”), each company must submit its CSD Report.
2.1a - 2 Invitation to Bid (SBD 1).
2.1a - 3 Declaration of Interest (SBD 4).
2.1a - 4 Preference points claim form in terms of the Preferential Procurement Regulations 2017
(SBD 6.1).
2.1a - 5 Declaration of Bidders Past Supply Chain Management Practices (SBD 8).
2.1a - 6 Certificate of Independent Bid Determination (SBD 9).
2.1a - 7 Proof that the existing proposed electronic Project Management System has been
implemented by the bidder and used by other clients involved with the built environment
industry.
2.1a - 8 Copy of Company Registration Documents. If a joint venture, consortium or other
unincorporated grouping of two or more parties (“joint venture”), each company must
submit its Company Registration Documents. Only South African registered entities
will be considered.
2.1a - 9 If two or more bidders form a joint venture, consortium or other unincorporated
grouping of two or more parties (“joint venture”), a copy of the notarized joint venture
agreement entered into between the partners.
2.1a - 10 Attendance to the compulsory briefing meeting and completion of the attendance
register with the Companies details and contact person.
2.1b – 1 Signed off Detailed Financial Proposal
1.3.2 Stage 2: Evaluation on Functionality/Technical Requirements
Stage two (2) entails the process of evaluation of functionality/technical requirements. The
functionality/technical requirements will be evaluated in two (2) phases. Only bidders who meet the
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 7 - of 102
threshold of 70 points of the total scoring under phase one (1) of functionality criteria will be eligible to
be evaluated under phase two (2) which entails the interview process with the IDT.
As part of the evaluation process, IDT may undertake site visit to current/previous clients that use/used
their existing proposed Electronic Project Management System. It is expected from the bidders to
inform their client/s of potential site visit.
1.3.2.1 Stage 2 / Phase 1 / Functionality/Technical Requirements
The Table below, specify in detailed the functionality/technical criteria to be considered under the
evaluation of phase one (1)
VARIABLES TOTAL
POINTS CRITERIA
DESCRIPTION
OF CRITERIA POINTS
Total Points 100
Programme /
Project
Management
System
30
Infrastructure EPPMS customized to the
National Treasury Standards such as SIPDM
and IDMS addressing a minimum of 50% and
above of the 15 key functions illustrated under
section 4.3 and 4.5 below. Points allocated
based on the
capability of the
proposed
Programme /
Project
Management
System
30
Infrastructure EPPMS customized to the
National Treasury Standards such as SIPDM
and IDMS addressing a minimum of 20% and
above of the 15 key functions illustrated under
section 4.3 and 4.5 below.
25
EPPMS addressing a minimum of 50% and
above of the 15 key functions illustrated under
section 4.3 and 4.5 below.
21
EPPMS addressing a minimum of 20% and
above of the 15 key functions illustrated under
section 4.3 and 4.5 below.
15
Generic EPPMS 8
Bidder
Experience
and Track-
record on
Programme /
Project
Management
System
25
Four Similar Projects Completed with four
reference letters from the clients indicating
satisfactory implementation
Points allocated
for track records
based on the
similar scale and
nature of previous
projects
completed by
bidder in the past
5 years supported
by previous client
references letter
(in client letter
heads)
25
Three Similar Projects Completed with three
reference letters from the clients indicating
satisfactory implementation
18
Two Similar Projects Completed with two
reference letters from the clients indicating
satisfactory implementation.
13
One Similar Projects completed with one
reference letter from the clients indicating
satisfactory implementation
5
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 8 - of 102
VARIABLES TOTAL
POINTS CRITERIA
DESCRIPTION
OF CRITERIA POINTS
Approach
and
methodology
30
Very good:
Besides meeting the “good” rating, the 15 key functions are approached in an innovative and efficient way, indicating that the bidder has outstanding knowledge of state-of-the- art approaches. The approach paper details ways to improve the project outcomes and the quality of the outputs.
Points allocated
for submission of
specific approach
& methodology
30
Good:
The approach is specifically tailored to address the specific 15 key functions and project objectives and is sufficiently flexible to accommodate changes that may occur during execution. The work plan fits the approach paper well; it is appropriate and consistent with project objectives and requirements. There is a fair degree of detail that facilitates understanding of the proposed work plan
21
Satisfactory: The approach is generic and not tailored to address the specific project objectives and requirements. The approach does not adequately deal with the critical characteristics of the project.
15
Poor:
The technical approach, methodology and/or workplan is poor / is unlikely to satisfy project objectives or requirements. The bidder has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project.
6
Project
Schedule 15
Very good:
The sequencing and timing of activities are very well defined, indicating that the bidder has optimized the use of resources and the work plan permits flexibility to accommodate contingencies.
Points allocated
for submission of
specific detailed
project schedule
15
Good:
All important activities are indicated in the activity schedule and their timing and sequencing is appropriate and consistent with project objectives and requirements. There is a fair degree of detail.
11
Satisfactory: All key activities are included in the activity schedule, but are not detailed. There are minor inconsistencies between timing, project deliverables and the proposed approach.
8
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 9 - of 102
VARIABLES TOTAL
POINTS CRITERIA
DESCRIPTION
OF CRITERIA POINTS
Poor:
The activity schedule omits important tasks or the timing of the activities and correlation among them are inconsistent with the approach paper. There is lack of clarity and logic in the sequencing
3
1.3.2.1 Stage 2 / Phase 2 / Interview and Site Visit with the Employer
Bidders must be prepared to do a 60 minutes presentation/interview (30 minutes for presentation by
the bidder and 30 minutes for Q&A). The presentation should be focussed on a Brief System Overview,
Previous Experience, Approach and Methodology, among others. Only bidders that obtain and pass
the 70 points threshold of the second phase will qualify for further evaluation on the 80/20 or 90/10
Preference Point System.
1.3.3 Stage 3: Evaluation on the 90/10 or 80/20 Preference Points system
Stage 3 entails the process of evaluation on price and B-BBEE based on the 80/20 or 90/10
Preference Points system as stipulated by the Preferential Procurement Policy Framework Act
(PPPFA) 2017
THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 80 or 90 points is allocated for price on the following basis:
80/20 or 90/10
min
min180
P
PPtPs or
min
min190
P
PPtPs
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 10 - of 102
POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
In terms of Regulation 6 (2) and 7 (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:
B-BBEE Status Level of
Contributor
Number of points
(90/10 system)
Number of points
(80/20 system)
1 10 20
2 9 18
3 6 14
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant
contributor 0 0
Award Conditions
The successful bidder will only be appointed subject to having an acceptable tax compliance
status at the point of award.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 11 - of 102
1.4 IDT’s Reservation of Rights
i. IDT reserves the right to subject Bidders and their facilities to assessment as part of the
evaluation process or as a condition to contract award.
ii. Consequent to the evaluation of Bidder’s proposals, IDT reserves the right, with the
permission of the IDT Board or the relevant delegated authority, to enter into negotiations
with one or more of the preferred Bidders (as determined by IDT following evaluation of the
tender proposals) for the whole or part of the services.
iii. In addition, IDT may utilise the market information received from the Bidder’s responses to
this tender for the purposes of undertaking any future procurement for other projects. Such
procurement may be undertaken through negotiation with one or more parties (which may
include the successful Bidder and/or any one or more Bidders who submit a tender in
response to this enquiry) or any other procurement strategy.
iv. IDT reserves the right to cancel or withdraw this tender following the National Treasury
regulations.
v. IDT reserves the right to undertake site visit to current/previous clients that use/used their
existing proposed Electronic Project Management System. It is expected from the bidders
to inform user client of potential site visit.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 12 - of 102
2. RETURNABLE DOCUMENTS
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 13 - of 102
2.1 List of Returnable Documents
The returnable documents shall be submitted in the sequence specified under the Returnable
Documents Schedule (section 2.2).
1.3.4 2.1a – List of Compulsory Documents to be submitted with the tender
“Compulsory documents” shall be submitted by the bidders. If any of the below documentation is not
supplied will lead to the immediate disqualification of the bidder. Certified copies of documents shall be
submitted in original and not older than 3 months from the advertisement date.
2.1a - 1 Proof of Registration with the National Treasury Central Supplier Database (CSD),
submit the CSD Report. If a joint venture, consortium or other unincorporated
grouping of two or more persons (“joint venture”), each company must submit its
CSD Report.
2.1a - 2 Invitation to Bid (SBD 1)
2.1a - 3 Declaration of Interest (SBD 4)
2.1a - 4 Preference points claim form in terms of the Preferential Procurement Regulations
2017 (SBD 6.1)
2.1a - 5 Declaration of Bidders Past Supply Chain Management Practices (SBD 8)
2.1a - 6 Certificate of Independent Bid Determination (SBD 9)
2.1a - 7 Proof that the existing proposed electronic Project Management System has been
implemented by the bidder and used by other clients involved with the built
environment industry.
2.1a - 8 Copy of Company Registration Documents. If a joint venture, consortium or other
unincorporated grouping of two or more parties (“joint venture”), each company
must submit its Company Registration Documents. Only South African registered
entities will be considered.
2.1a - 9 If two or more bidders form a joint venture, consortium or other unincorporated
grouping of two or more parties (“joint venture”), a copy of the notarized joint
venture agreement entered into between the partners
2.1a - 10 Attendance to the compulsory briefing meeting and completion of the attendance
register with the Companies details and contact person.
1.3.5 2.1b – List of Financial Returnable Documents (COMPULSORY)
The compulsory detailed financial proposal shall be submitted by the bidders in the format that have
been specified in the returnable scheduled (section 2.2), form 2.1b – 1. Failure to submit the financial
returnable document will lead to disqualification.
2.1b - 1 Signed Detailed Financial Proposal
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 14 - of 102
1.3.6 2.1c – List of Technical and Preferential Returnable Documents
The technical and preferential returnable documents are required for tender evaluation purposes
(Note: If any of the below is not supplied, it will result in the deduction of tender evaluation points)
The table below lists the technical and preferential returnable documents that should be submitted by
the bidders.
2.1c - 1 Programme / Project Management System description and capability
2.1c - 2 Company Experience and track record of projects undertaken on similar nature, scale
and complexity during the last five years and contactable reference letter from the
client (in clients letter heads)
2.1c - 3 Approach and Methodology specific to the Project Objectives and Requirements
2.1c - 4 Project Schedule specific to the Project Objectives and Requirements
2.1c - 5 Copy of a valid B-BBEE (Broad-Based Black Economic Empowerment) certificate by
a SANAS accredited agency.
2.1c – 6 Copy of a valid TAX CLEARANCE CERTIFICATE and the SARS Letter “Tax
Compliance Status (PIN Issued)”
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 15 - of 102
2.2 Returnable Documents Schedule
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 16 - of 102
1.3.7 2.1a – 1: Proof of Registration with the Central Supplier Database (CSD)
[Copy of the company CSD Report to be inserted here]
Bidders tendering as a joint venture, consortium or other unincorporated grouping of two or more
persons (“joint venture”), shall submit the CSD Report of each company.
Attached hereto is the company(s) CSD Report(s). Failure to submit a valid proof of the aforesaid
documentation will lead to disqualification.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 17 - of 102
1.3.8 2.1a – 2: Invitation to Bid (SDB 1)
YOU ARE HEREBY INVITED TO BID FOR: AN ELECTRONIC PROGRAMME / PROJECT MANAGEMENT SYSTEM (EPPMS)
BID NUMBER: IDT-NAT-EPPMS-2018 CLOSING DATE: 26 February 2018 CLOSING TIME:
11:00 DESCRIPTION: PROCUREMENT OF AN ELECTRONIC PROGRAMME / PROJECT MANAGEMENT SYSTEM
(EPPMS)
FOR THE PROGRAMME MANAGEMENT SERVICE UNIT (PMSU) OF THE INDEPENDENT DEVELOPMENT
TRUST (IDT)
The successful bidder will be required to fill in and sign a written Contract Form BID DOCUMENTS MAY BE POSTED TO: N/A OR DEPOSITED IN THE BID BOX SITUATED AT: The IDT Tender Box at the Independent Development Trust, Cnr Oberon & Sprite Street, Faerie Glen, Pretoria
Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not
be accepted for consideration.
The bid box is open from 8:30 to 17:00, 5 days a week, Monday to Friday on normal working days
THIS BID IS SUBJECT TO THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE,
ANY OTHER SPECIAL CONDITIONS OF CONTRACT
THE FOLLOWING PARTICULARS MUST BE FURNISHED
(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)
NAME OF BIDDER
………………………………………………………………………………………………………………………
POSTAL ADDRESS
………………………………………………………………………………………………………………….
STREET ADDRESS
…………………………………………………………………………………………………………………
TELEPHONE NUMBER
CODE……………NUMBER………………………………………………………………………………..
CELLPHONE NUMBER
…………………………………………………………………………………………………………………
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 18 - of 102
EMAIL ADDRESS
…………………………………………………………………………………………………………………
FACSIMILE NUMBER
CODE ………….NUMBER…………………………………………………………………………………
VAT REGISTRATION NUMBER
…………………………………………………………………………………………………………………
HAS A COPY OF A TAX CLEARANCE CERTIFICATE WITH A TAX COMPLIANT PIN BEEN SUBMITTED?
YES / NO
ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY
YOU?
YES /NO
(IF YES ENCLOSE PROOF)
ARE YOU SUBMITTING THIS TENDER BID AS A JOINT VENTURE WITH ANOTHER COMPANY?
YES /NO
IF YES, PLEASE PROVIDE NAME OF THE OTHER JOINT VENTURE
_______________________________
SIGNATURE OF BIDDER
………………………………………………………………………………………………………………..
DATE………………………………………………………………………………………………………………..
CAPACITY UNDER WHICH THIS BID IS SIGNED
…………………………………………………………………………………
TOTAL BID PRICE ……………………………………
TOTAL NUMBER OF ITEMS OFFERED …………………………………
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 19 - of 102
1.3.9 2.1a – 3: Declaration of Interest (SBD 4)
1. Any legal person, including persons employed by the state*, or persons having a kinship with
persons employed by the state, including a blood relationship, may make an offer or offers in terms of
this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In
view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to
persons employed by the state, or to persons connected with or related to them, it is required that the
bidder or his/her authorised representative declare his/her position in relation to the
evaluating/adjudicating authority and/or take an oath declaring his/her interest, where-- the bidder is
employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has
a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the
bid(s), or where it is known that such a relationship exists between the person or persons for or on
whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication
of the bid.
2. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
2.1 Full Name of bidder or his or her representative:
….………………………………………………………….
2.2 Identity Number:
………………………………………………………………………………………
2.3 Position occupied in the Company (director, shareholder etc.):
………………………………………………
2.4 Company Registration Number:
………………………………………………………………………..…….
2.5 Tax Reference Number:
………………………………………………………………………………….…
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 20 - of 102
2.6 VAT Registration Number:
………………………………………………………………………………....
* “State” means –
a) any national or provincial department, national or provincial public entity or constitutional
institution within the meaning of the Public Finance Management Act,
b) 1999 (Act No. 1 of 1999);
c) any municipality or municipal entity;
d) provincial legislature;
e) national Assembly or the national Council of provinces; or
f) Parliament.
2.7 Are you or any person connected with the bidder presently employed by the state?
Please tick applicable
2.7.1 If so, furnish the following particulars:
Name of person / director / shareholder/ member:
……....…………………………………………………………………
Name of state institution to which the person is connected:
………………………………………………………………………….
Position occupied in the state institution:
………………………………………………………………………….
Any other particulars:
……………………………………………………………………….
………………………………………………………………….......
……………………………………………………………………….
YES NO
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 21 - of 102
2.8 Did you or your spouse, or any of the company’s directors YES / NO shareholders /
members or their spouses conduct business with the state in the previous twelve months?
2.8.1 If so, furnish particulars:
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………...
2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family,
friend, other) with a person employed by the state and who may be involved with
the evaluation and or adjudication of this bid?
2.9.1 If so, furnish particulars.
…………………………………………………………………
…………………………………………………………………
………………………………………………………………….
2.10 Are you, or any person connected with the bidder, YES / NO aware of any relationship
(family, friend, other) between the bidder and any person employed by the state who may be
involved with the evaluation and or adjudication of this bid?
2.10.1 If so, furnish particulars.
…………………………………………………………………
…………………………………………………………………
………………………………………………………………
2.11 Do you or any of the directors / shareholders / members of YES / NO the company
have any interest in any other related Companies whether or not they are bidding for this
contract?
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 22 - of 102
2.11.1 If so, furnish particulars:
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
DECLARATION
I, THE UNDERSIGNED (NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1 ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE
GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION
PROVE TO BE FALSE.
………………………………….. ..……………………………
Signature Date
Position……………………………. Name of bidder…………………………
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 23 - of 102
1.3.10 2.1a – 4: Preference Points Claim Form in Terms of the Preferential
Procurement Regulations 2017 (SBD 6.1)
This preference form must form part of all bids invited. It contains general information and serves
as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE)
Status Level of Contribution
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-
BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS,
2017.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
a) The value of this bid is estimated to exceed/not exceed R50 000 000 (all applicable taxes
included) and therefore the ……………… preference point system shall be applicable; or
b) Either the 80/20 or 90/10 preference point system will be applicable to this tender (delete
whichever is not applicable for this tender).
1.2 Points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.3 The maximum points for this bid are allocated as follows:
POINTS
PRICE
B-BBEE STATUS LEVEL OF CONTRIBUTOR
Total points for Price and B-BBEE must not exceed 100
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 24 - of 102
1.4 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together
with the bid, will be interpreted to mean that preference points for B-BBEE status level of
contribution are not claimed.
1.5 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or
at any time subsequently, to substantiate any claim in regard to preferences, in any manner
required by the purchaser.
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of
the Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of
a code of good practice on black economic empowerment, issued in terms of section 9(1)
of the Broad-Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation
by an organ of state for the provision of goods or services, through price quotations,
advertised competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black
Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on
black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black
Economic Empowerment Act;
(f) “functionality” means the ability of a bidder to provide goods or services in accordance
with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good
practice on black economic empowerment issued in terms of section 9 (1) of the
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 25 - of 102
Broad-Based Black Economic Empowerment Act;
(j) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
3. POINTS AWARDED FOR PRICE
3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 80 or 90 points is allocated for price on the following basis:
80/20 or 90/10
min
min180
P
PPtPs or
min
min190
P
PPtPs
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
4.1 In terms of Regulation 6 (2) and 7 (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:
B-BBEE Status Level of
Contributor
Number of points
(90/10 system)
Number of points
(80/20 system)
1 10 20
2 9 18
3 6 14
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant
contributor
0 0
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 26 - of 102
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete
the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS
1.4 AND 4.1
6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected
in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of
contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO
7.1.1 If yes, indicate:
i) What percentage of the contract will be subcontracted............…………….…………%
ii) The name of the sub-contractor…………………………………………………………..
iii) The B-BBEE status level of the sub-contractor......................................……………..
iv) Whether the sub-contractor is an EME or QSE
(Tick applicable box)
YES NO
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of
Preferential Procurement Regulations,2017:
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 27 - of 102
Designated Group: An EME or QSE which is at last 51% owned
by:
EME
√
QSE
√
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE
8. DECLARATION WITH REGARD TO COMPANY/FIRM
8.1 Name of company/firm:…………………………………………………………………………….
8.2 VAT registration number:……………………………………….…………………………………
8.3 Company registration number:…………….……………………….…………………………….
8.4 TYPE OF COMPANY/ FIRM
Partnership/Joint Venture / Consortium
One person business/sole propriety
Close corporation
Company
(Pty) Limited
[TICK APPLICABLE BOX]
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
…………………………………………………………………………………………………..
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 28 - of 102
8.6 COMPANY CLASSIFICATION
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
8.7 Total number of years the company/firm has been in business:……………………………
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,
certify that the points claimed, based on the B-BBE status level of contributor indicated in
paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the
preference(s) shown and I / we acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof
to the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent
basis or any of the conditions of contract have not been fulfilled, the purchaser may, in
addition to any other remedy it may have –
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result
of that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a
result of having to make less favourable arrangements due to such
cancellation;
(d) recommend that the bidder or contractor, its shareholders and directors,
or only the shareholders and directors who acted on a fraudulent basis,
be restricted by the National Treasury from obtaining business from any
organ of state for a period not exceeding 10 years, after the audi alteram
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 29 - of 102
partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution.
……………………………………….
SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
ADDRESS …………………………………..
…………………………………..
…………………………………..
WITNESSES
1. ……………………………………..
2. …………………………………….
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 30 - of 102
1.3.11 2.1a – 5: Declaration of Bidders Past Supply Chain Management
Practices (SBD 8)
1 This Standard Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by institutions in ensuring that when goods and services are
being procured, all reasonable steps are taken to combat the abuse of the supply chain
management system.
3 The bid of any bidder may be disregarded if that bidder, or any of its directors
have-
a. abused the institution’s supply chain management system;
b. committed fraud or any other improper conduct in relation to such system; or
c. failed to perform on any previous contract.
4 In order to give effect to the above, the following questionnaire must be completed and submitted
with the bid.
Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s
database as companies or persons prohibited from doing business
with the public sector?
(Companies or persons who are listed on this database were
informed in writing of this restriction by the National Treasury after
the audi alteram partem rule was applied).
Yes
□
No
□
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender
Defaulters in terms of section 29 of the Prevention and Combating of
Corrupt Activities Act (No 12 of 2004)?
To access this Register enter the National
Treasury’s website, www.treasury.gov.za, click on the icon
“Register for Tender Defaulters” or submit your written request for a hard
copy of the Register to facsimile number (012) 3265445.
Yes
□
No
□
4.2.1 If so, furnish particulars:
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 31 - of 102
4.3 Was the bidder or any of its directors convicted by a court of law (including
a court outside of the Republic of South Africa) for fraud or corruption
during the past five years?
Yes
□
No
□
4.3.1 If so, furnish particulars:
4.4
Was any contract between the bidder and any organ of state terminated
during the past five years on account of failure to perform on or comply
with the contract?
Yes
□
No
□
4.4.1 If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)………………………………………………… CERTIFY THAT THE
INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY
BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………………... ….…………………………..
Signature Date
………………………………………. ……..………………………..
Position Name of Bidder
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 32 - of 102
1.3.12 2.1a – 6 Certificate of Independent Bid Determination (SBD 9)
I, the undersigned, in submitting the accompanying bid:
_______________________________________________________________________
(Bid Number and Description)
in response to the invitation for the bid made by:
_______________________________________________________________________
(Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of:_______________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on
behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the
bidder to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”
shall include any individual or organization, other than the bidder, whether or not affiliated with the
bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation,
based on their qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in
the same line of business as the bidder
6. The bidder has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor.
However communication between partners in a joint venture or consortium will not be construed as
collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been regarding:
(a) prices;
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 33 - of 102
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of the bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements with any
competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the
products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or
indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of
the contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the
Competition Commission for investigation and possible imposition of administrative penalties in
terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the
National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from
conducting business with the public sector for a period not exceeding ten (10) years in terms of the
Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation
³ Joint venture or Consortium means an association of persons for the purpose of combining
their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of
a contract.
………………………………………... ….…………………………..
Signature Date
………………………………………. ……..………………………..
Position Name of Bidder
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 34 - of 102
1.3.13 2.1a – 7: Project Management System used in Public Sector
Proof that the existing proposed electronic Project Management System has been implemented by the
bidder and used by other clients involved with the built environment industry.
Bidders must submit a confirmation letter from their current and/or previous clients in the past 5 years
in which the electronic Project Management System have been implemented. This letter must be in
the client’s letter head indicating their contact details.
Failure to submit the confirmation letter signed off by the client, will lead to disqualification of the
bidder.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 35 - of 102
1.3.14 2.1a – 8: Company Registration
[Originally certified copy of the company registration to be inserted here]
Attached hereto is the copy of the company registration.
Only South African registered entities will be considered. If a joint venture, consortium or other
unincorporated grouping of two or more parties (“joint venture”), each company must submit its
originally certified copy of their Company Registration Documents. Failure to submit an acceptable
proof of the foresaid documentation/s will lead to disqualification.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 36 - of 102
1.3.15 2.1a – 9: Notarised Join Venture or Consortium Agreement
[Copy of the Notarized Join Venture or Consortium Agreement to be inserted here, if
applicable]
Attached hereto is the Copy of the Notarized Join Venture or Consortium Agreement. Failure to submit
a valid proof of the foresaid documentation will lead to disqualification. (if applicable)
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 37 - of 102
1.3.16 2.1a – 10: Attendance to the Compulsory Briefing Meeting
The Bidder shall attend the compulsory briefing meeting and complete the attendance register that will
circulated at the meeting. It is required that the Bidder clearly indicate the companies details and the
contact person). Failure to attend the compulsory briefing meeting will lead to disqualification.
The Bidder is not expected to provide a copy of the attendance register. It will the responsibility of the
IDT to keep the original attendance register for the record. Document that will be used as confirmation
of attendance.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 38 - of 102
1.3.17 2.1b – 1: Detailed Financial Proposal of EPPMS
Bidders are required to provide a detailed financial proposal as per table below based on the scope of work
specified under section 3.4; 3.5 and 3.6 below. Failure to submit the detailed financial proposal (pricing each
stage) for the life-cycle of the project will lead to disqualification.
Stage Description Overall Expected
Duration (Weeks)
Cost
(Inclusive Vat)
Stage 1: Initiation
Stage 2: Planning
Stage 3: System Customisation and Testing
Stage 4: Installation of Customised System into
Production
Stage 5: System User Training
Stage 6: Institutionalisation of EPPMS
Stage 7: System Maintenance and Monitoring
Disbursements
Total (Including Vat)
In the event where additional professional services are required, on top and above the scope specified under
section 3.4; 3.5 and 3.6 below, the IDT will only accept as hourly rates, the latest DPW hourly rates
applicable.
Signed Date
Name Position
Bidder
Company
Registration
Number
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 39 - of 102
1.3.18 2.1c – 1: Existing Electronic Programme/Project Management System Description and Capability
The Bidder shall provide the following two deliverables. Failing to submit the information requested will result in loosing points under the evaluation process.
1. Detailed description of the existing electronic EPPMS specifications and its functional capabilities.
2. Fully completed tables 2.1 and 2.2 below:
2.1 Confirm if the existing electronic EPPMS address the following National Treasury Standard
Item Description Yes No Comments
1 Standard for Infrastructure Procurement and Delivery
Management (SIPDM)
2 Infrastructure Delivery Management System (IDMS)
2.2 Confirm if the existing electronic EPPMS address the following key functional requirements (refer to Section 4.3 and 4.5 below).
Item Key Functional Requirements Yes No Comments
1 Contract Management
2 Client Relationship Management
3 Vendor / Supplier Management
4 Procurement Management
5 Engineering Management
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 40 - of 102
6 Document Management
7 Technology Management / Usage
8 Spatial Mapping / Viewing
9 Performance Management (Internal / External)
10 Monitoring and Evaluation
11 Knowledge Management
12 Audits / Quality Management System
13 Risk Management
14 Dashboards and Reporting Management
15 Electronic Signature
Signed Date Company Registration Number
Name Position
Bidder Name:
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 41 - of 102
1.3.19 2.1c – 2: Bidder Experience and Track-record on Programme / Project Management System
The Bidder should provide details of his relevant experience on similar scale projects above implemented in the past 5 years. In support bidders are to complete
the “Project Experience” schedule below and attach thereto copies of Clients Reference Letter (refer to the Letter minimum requirements on the next page).
PROJECT NAME BRIEF PROJECT
DESCRIPTION
Client Details PROJECT
VALUE
(Including VAT)
START DATE COMPLETION
DATE Name Telephone Email
A
B
C
D
E
Tender Number: IDT-NAT-ePPMS-2018
Term of Reference: Programme / Project Management System
Page - 42 - of 102
The reference letters minimum requirement:
The Bidder shall provide client reference letter detailing the bidder performance on each of the previous projects listed in the “Relevant Experience” returnable
schedule. “Client Reference” should be issued by each of the respective Clients in the client letter heads. Failing to submit the information requested will result
in loosing points under the evaluation process.
The following information should be included in the Clients Reference Letter for each project:
.... Project Name
.... Project Scope
.... Project Cost
.... Project Duration
Performance Evaluation of the bidders
.... Any other remarks considered necessary to assist in evaluation of the tenders
IDT as part of the evaluation process may undertake site visit to current/previous clients that use/used their existing proposed Electronic Project Management
System. It is expected from the bidders to inform their client/s of potential site visit.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 43 - of 102
1.3.20 2.1c – 3: Approach and Methodology
[Specific Approach and Methodology proposal to be inserted here]
Attached hereto is the Specific Approach and Methodology proposal for the implementation of the
Electronic Programme/Project Management Systems (EPPMS). Failure to submit an adequate
Approach and Methodology proposal will result in loosing points under the evaluation process in terms
of functionality/quality requirements.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 44 - of 102
1.3.21 2.1c – 4: Project Schedule
[Specific Project Schedule to be inserted here]
Attached hereto is the Specific Project Schedule proposal for the implementation of the
Programme/Project Management Systems (EPPMS). Failure to submit an adequate Specific Project
Schedule proposal will result in loosing points under the evaluation process in terms of
functionality/quality requirements.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 45 - of 102
1.3.22 2.1c – 5: B-BBEE (Broad Black Economic Empowerment)
[A Copy of a Valid B-BBEE certificate to be inserted here]
Attached hereto is the copy of the valid B-BBEE Certificate issued by a verification agency accredited
by SANAS. Failure to submit the foresaid documentation will result in loosing points under the
evaluation process in terms of B-BBEE status.
Bidders tendering as joint ventures / consortiums are required to submit a copy of the valid
consolidated B-BBEE certificate from a SANAS accredited verification agency in order to qualify for
points for the B-BBEE status level.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 46 - of 102
1.3.23 2.1c – 6: Tax Clearance Certificate
[Copy of a valid TAX CLEARANCE CERTIFICATE and the SARS Letter “Tax Compliance Status (PIN
Issued)” to be inserted here]
IMPORTANT NOTES:
Bidders tendering as joint ventures / consortiums are required to submit a separate Tax Clearance Certificate
and the SARS Letter “Tax Compliance Status (PIN Issued)” from each company.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 47 - of 102
3. EPPMS PROJECT OVERVIEW AND OBJECTIVES
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 48 - of 102
3.1 EPPMS Project Summary
Driven by the IDT Vision of being “A leading public sector developmental programme implementation
management agency”, continuous improvement to institute best programme and project management
practice in supporting various clients department in the delivery of social and basis services
infrastructure and related development objectives, is imperative.
In an effort to achieve efficiency and to meet the client demands, the IDT initiated a multiyear project
named “Programme/Project Management System (EPPMS). The EPPMS main focus is the
improvement and integration of programme and project delivery management systems and processes.
A key deliverable of the EPPMS is the Programme and Project Management Processes which include
a process mapping where the presentation method use was the swing line, indicating activities and
sub-processes linked to specific role players including internal and external stakeholders. In addition
activity, stages and processes are linked to deliverables that is support either by a check list, a template
or specify document to be electronically enable.
3.2 Background
The IDT initiated in 2013/14 a process of developing a functional specification as a first step towards
developing a comprehensive Programme/Project Management Information System. The project was
later extended to include programme and project management process mapping and templates. The
functional specifications and the programme and project management process mapping were indeed
completed on February 2015.
With the publication from National Treasury of the SIPDM in February 2016, standards that support
the procurement and delivery process of infrastructure projects/programmes/portfolios in line with the
IDMS, it become imperative the alignment of the IDT Programme and Project Management Processes
to the foresaid standards and guidelines, to ensure compliances with the National Treasury
requirements.
3.3 Objective
The aim of the project is to produce and institutionalize an adequate electronic Programme and Project
Management Systems to ensure management and delivery of integrated quality social infrastructure
programmes on behalf of government.
The philosophy behind the project is to ensure Programme and Project Management best practice by
applying the 10 knowledge areas of the Project Management Body of Knowledge (PMBOK) and the
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 49 - of 102
Built Environment Professionals governance, while complying with National Treasury Regulations
guideline and standards such as the SIPDM and the IDMS Management Framework for the
implementation of infrastructure projects in South Africa Public Sector which in fact, is aligned with the
CIDB Gateway System.
3.4 Scope and Exclusions
The scope of the project is to acquire an electronic Programme and Project Management System that
can be customised to the IDT project management requirements. The system should include
workflows in line with IDT programme and project management processes as well as automation of
process templates and checklists. It should be able to shorten the IDT’s project delivery periods by
eliminating inefficiencies and creating a robust electronic “paper-trail” that will stand as acceptable
evidence to the scrutiny of an audit.
The system should be user friendly and allow for automatic capturing of information by all the relevant
stakeholders at project level during execution, avoiding the need for a duplication of processes in the
collection and capture of information.
The system should integrate with the National Treasury Central Supplier Database (CSD),
The system should not include the financial and project accounting functionalities but shall interface
with the current financial system.
3.5 High Level Deliverables
An Electronic Programme/Project Management System which should:
1. Address the following project management knowledge areas:
- Contract Management,
- Procurement Management,
- Scheduling,
- Cost Management,
- Communication Management,
- Risk Management,
- Stakeholder Management,
- Resources Management,
- Quality Management,
- Integration Management;
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 50 - of 102
2. Complying with National Treasury Regulations guideline and standards such as the SIPDM and the
IDMS Management Framework for the implementation of infrastructure projects in South Africa Public
Sector.
3.6 Phases and Deliverables
Stage 1: Initiation
Receive, appraise and report on client’s requirements with regard to the following:
− Project brief
− Project management charter
− Advice on other matters that could influence project life cycle cost significantly.
− Develop Project Schedule Baseline
Deliverable:
Compulsory Project Implementation Documents
Stage 2: Planning
Stage two (2) includes the process of managing the development of detail project plan. This stage
comprises but not limited to the following deliverables:
Deliverable:
Detailed Project Plan
Test Plan
Migration Plan
Data Mapping Plan
Communication Plan
Training Plan
Risk Management Plan
Integration and Mapping Plan
Security Plan
Change Management Plan
Stage 3: System Customisation and Testing
Stage three (3) includes the process of transforming IDT EPPMS requirements into the proposed
system and resolution of challenges identified during testing. This stage comprises but not limited to
the following deliverables:
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 51 - of 102
Deliverable:
Signed off user requirements (Functional and Technical specification).
Migrated relevant data/information.
Integrated with the relevant HR and Financial system existing in the IDT.
A customised and integrated electronic system that suit the IDT EPPMS requirement installed
in the “test environment”.
Tested EPPMS system.
Issue-log of challenges and resolution identified during testing.
Testing supporting documentations.
Stage 4: Installation of Customised System into Production
Stage four (4) includes the process of installation of the IDT EPPMS on the production environment.
This stage comprises but not limited to the following deliverables:
Deliverable:
Installed customised system on the production environment.
Tested and commissioned EPPMS on the production environment
User Acceptance Testing (Production signed off)
Stage 5: System User Training
Stage five (5) includes the training process of the IDT EPPMS. This stage comprises but not limited to
the following deliverables:
Deliverable:
Confirmed Training Plan
User Manual
Technical User Manual
Training Presentations
Stage 6: System Maintenance and Monitoring
Stage six (6) includes the process monitoring and ongoing maintenance. This stage comprises but not
limited to the following deliverables:
Deliverable:
Confirmed System Maintenance Plan
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 52 - of 102
Quarterly Impact Assessment
IT Service Level Agreement (signed off)
Monthly Service Level Agreement engagements
Stage 7: Project Closure
Stage seven (7) includes the process project closure. This stage comprises but not limited to the
following deliverables:
Deliverable:
Post Implementation Review (Lesson Learnt)
Project Closure Report (signed off) to be delivered at completion of Stage 4 and 5.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 53 - of 102
4. EPPMS GENERAL REQUIREMENTS
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 54 - of 102
4.1 Overview of the IDT
1.3.24 Who is the IDT?
The IDT is a Schedule 2 Major Public Entity in terms of the PFMA. Reports to Parliament through its
Executive Authority, the Minister of Public Works. Mandated to act as a state implementing agency
focusing on social infrastructure programme and project management. Works with all spheres of
government through client-specific service level agreements.
1.3.25 Organisational Structure
The high level enterprise-wide governance structure of the IDT is represented by the organogram in
Figure 4.1. The Programme Management Services Unit (PMSU) is the IDT’s arm through which the bulk
of the programmes are implemented on behalf of their clients. The PMSU is the “custodian of a
substantial part of the IDT’s core business”. The Programme and Project Management System is
required by the PMSU.
Figure 4.1: IDT Governance Structure.
The IDT enjoys a national footprint through its nine regions, with one regional office in each of the nine
provinces. The PMIS will be used to:
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 55 - of 102
a) Support the IDT programme and programme personnel in the execution of their work.
b) Collect the information that is required to support management and stakeholder
requirements.
1.3.26 Office Locations
The IDT has offices in the following locations across South Africa:
Head Office (Tshwane/Pretoria).
Western Cape Regional Office (Cape Town).
Eastern Cape Regional Office (East London).
Northern Cape Regional Office (Kimberly).
Free State Regional Office (Bloemfontein).
North West Regional Office (Mahikeng).
Limpopo Regional Office (Polokwane).
Mpumalanga Regional Office (Nelspruit).
KwaZulu-Natal Regional Office (Durban).
Gauteng Region’s Regional Office (Midrand).
1.3.27 EPPMS Stakeholder Groups
Any group or individual affected by or having potential influence on the PMIS is a stakeholder and
the following key internal and external stakeholder groups were identified for the EPPMS:
Internal Stakeholders from PMSU: all personnel allocated to this unit.
Other Internal Stakeholders include personnel from:
Finance
Supply Chain Management.
Project Accounting.
Legal Services;
Human Resources; and,
Internal Audit.
External Stakeholders include parties that require efficient and effective programme delivery with
a clear audit trail proving competent management such as:
Department of Public Works at national and provincial levels;
National Treasury;
Provincial Treasuries;
Auditor-General;
Client Departments;
Municipal Clients;
Service Providers; and,
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 56 - of 102
Contractors.
1.3.28 EPPMS User Roles
The users are people that will utilise the EPPMS to deliver the relevant programmes and Table 4.1
provides a list of the potential EPPMS users.
Table 4.1: Required User Roles
User Role Role Description Reports to
Executive Overall IDT management. IDT Board
General Manager: Regional Operations
Overall management of IDT’s regional operations.
Executive
General Manager: Programmes Coordinates portfolios and ensures delivery on national programmes.
Executive
Regional General Manager Manages the IDT’s regional office ensures delivery on regional programmes or a regional portion of a national programme.
General Manager: Regional Operations
Portfolio Manager Manages one or more portfolios (group of programmes) for the Clients. Can be at Head Office (national) or regional level.
General Manager: Programmes or Regional General Manager
Originator Assess proposed programmes and prepare documentation before the IDT is appointed for a programme.
Varies.
Programme Manager Manages one or more national programmes for the IDT.
Portfolio Manager
Regional Programme Manager Manages one or more programmes in a region for the IDT or manages a regional portion of a national programme.
Regional General Manager / Portfolio Manager
Programme Implementation Manager - Technical
Manage social development and community infrastructure programmes planning, implementation and delivery.
Regional Programme Manager
Programme Implementation Manager - Social
Manage social development and community upliftment programmes, implementation and delivery.
Regional Programme Manager
Programme Implementation Administrator
To provide administration support and co-ordinate the activities of the Programme Implementation Managers and to monitor the programme budget.
Regional Programme Manager
Principal Consultant The professional appointed by the IDT assigned responsibility for leading the professional team during the design stage.
Programme Implementation Manager
Consultant / Supplier The party appointed by the IDT to provide a specific service such as infrastructure design or social service planning.
Programme Implementation Manager or Principal Consultant / Agent
Principal Agent
The professional appointed by the IDT assigned responsibility for leading the professional team during the construction stage and administering the construction contract (usually an architect).
Programme Implementation Manager
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 57 - of 102
User Role Role Description Reports to
Contractor The party appointed by the IDT to provide a specific service such as infrastructure construction or social service provision.
Programme Implementation Manager or Principal Agent
1.3.29 IDT Technology Environment
The IDT technology is a hosted Microsoft environment.
a) IT Sub-Units:
• Systems
• Network Infrastructure
• IT Support (Desktop support)
b) Systems:
• ERP (Great Plains) - Microsoft SQL
– Project Accounting, Cash Books, Accounts Payable, Accounts Receivable, Purchasing
and GL
– Sage VIP HR Module
• In-house developed
– Purchase requisitions.
– Payment requisitions.
– Vendor management.
c) Networks infrastructure:
• LAN in each of our 10 offices (Cisco end-to end-technology)
• WAN (VPNS based on MPLS with Quality Of Service)
• Infrastructure private Cloud hosted.
• Metro Ethernet between Head Office and the Data Centre.
• Link Speed varies between 1 -2 Mbit\s
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 58 - of 102
d) Network Diagram
IDT VPNS
Firewall
TELKOM NBSC
Data CentreInternet router
9 x Regional Sites
IDT Head Office
Internet
Virtual Hosting
x 11 servers
East London
Cape Town
Mafikeng
VPNS router MetroLAN router
MetroLAN router
SAS-E
Shared access
Shared access
Voice
Data
Basic Hosting
x 8 servers
Firewall
KimberleyBloemfontein
Nelspruit
Polokwane
Durban
Midrand
e) Client-Server Environment:
• Client machines – Windows based,
• Server Estate hosted at Service Provider. Combination of physical and virtual.
• Microsoft; Hyper V and Vmware Technologies.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 59 - of 102
4.2 IDT Project Management Processes
The IDT’s high level Programme and Project Management process (Level 1) is presented in Table 4.2.
The IDT had broken down (decomposed) each of these processes/stages to give additional detail with
respect to the sub-processes and activities as well as the flow of information and roles and
responsibilities.
Table 4.2. IDT’s high level Programme and Project Management process (Level 1)
Stage/Gate No Stage Name Stage Objective
Stage 0
Gate 0
Programme Initiation An Initiation report Outline High Level Business Case;
Estimated Project Cost and Proposed Schedule.
Stage 1
Gate 1
Programme
Infrastructure
Planning
An infrastructure plan which Identifies and prioritises
projects and packages against a forecasted budget over
the life of the programme
Stage 1A
Project Execution
Planning
Project Execution Plan
Stage 2
Gate 2
Programme Strategic
Sourcing
Programme Procurement Strategy
Stage 3
Gate 3
Pre-feasibility A prefeasibility report which determines whether or not it is
worthwhile to proceed to the feasibility
Stage 3A
Gate 3A
Preparation and
Briefing
A strategic brief which define project objective
Stage 4
Gate 4
Feasibility A feasibility report which present a sufficient information to
determine whether or not the project should be
implemented.
Stage 4A
Gate 4A
Concept Design Concept report which details the brief, scope, budget and
scale of the project
Stage 5
Gate 5
Design Development Design the approved concept, Cost, Plan
Schedule
Stage 6
Gate 6
Design & Procurement
Documentation
Produce Information which will determine if construction will
be built directly from information prepare (Bill of Quantities,
Specifications, Construction Drawings, Tender
Documentation)
Stage 7
Gate 7
Works Completed works which are capable of being occupied or
used
Stage 8
Gate 8
Handover Works that have been taken over by the user with record
information.
Stage 9
Gate 9
Project /Package
completion
(Closeout Process)
Works with notified defects, final account settle and
Closeout Report issued.
Stage 10
Gate 10
Programme Close-out
Process
Programme Close-out Report, closing programme bank
accounts, submission of the final programme reconciliation
report.
Stage 11
Post-closure Impact
Assessment
Post-closure Impact Assessment Report.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 60 - of 102
As indicated above, the Programme and Project Management process include a process mapping
where the presentation method use was the swing line, indicating activities and sub-processes linked
to specific role players including internal and external stakeholders. In addition activity, stages and
processes are linked to deliverables that is support either by a check list, a template or specify
document to be electronically enable.
4.3 EPPMS Functions
It is expected that the EPPMS will need to provide the key functions shown in and described in Table
, with their sub-ordinate functions. This is a provisional list compiled with the IDT users in order to give
an indication of the extent of the EPPMS and it will be used for comparison with the final functions that
are identified.
Figure 4.3: Context Diagram for EPPMS
1 Contract Management 2. Client Relationship Management
3. Vendor Management (Interface with CSD)
4. Procurement Management
5. Engineering Management
6. Document Management
7. Mobile Application Capability
8. Spatial Mapping / Viewing 9. Performance Management (Internal / External)
10. Monitoring and Evaluation
11. Knowledge Management
12. Audits / Quality Management System
13. Risk Management
14. Dashboards and Reporting Management
Programme/
Project
Management
System
EPPMS
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 61 - of 102
Table 4.3: Key Functions and sub-functions
The EPPMS should include but not limited the following key functions
# Key Function Function
0 Programme / Project Management
Budget: contracts, variance & invoices.
Expenses: resources (time), contractors, procurement, travel & accommodation, with cash flow.
Control.
Schedules.
Risk: identify, evaluate (impact and likelihood), mitigation.
Roles.
Progress.
Issues.
Tracking.
Close-out.
Escalation.
Review.
Report.
Project termination.
Project compliance (from an audit perspective).
Quality.
Track receipt of invoices from suppliers.
1 Contract Management
Bid / tender.
Procurement process.
Audit (PFMA)
2 Client Relationship Management
Client (company / department).
Contacts (persons).
Value chain information.
Client satisfaction (satisfaction with processes and general issues raised by the client).
Information to assist with process improvement within the IDT.
3 Vendor / Supplier Management
Interface with the National Treasury Central Supplier Database (CSD)
Information.
Contacts.
Current BBBEE status.
Valid Tax clearance certificate.
VAT registration.
Performance grade / approved / banned.
Type of contractor.
Expertise / industries / fields.
Certification.
Registrations.
Empowerment Indicators (youth, women, people with disability).
Caters for special cases, e.g. property leasing and one-stop-shop service providers.
View of all associated vendor information.
4 Procurement Management
Decentralised but needs to be reviewed and centralised in the permit office.
Requisition.
Quotations.
Oversight.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 62 - of 102
# Key Function Function
Purchase orders.
Approval cycle and review.
Vendor communication.
Totals versus Budget.
No budget then no approval / payment.
Terms of reference.
Delegation of authority.
Automate processes.
Variation orders.
iTender & eTenders (i.e. electronic tenders)
Vendor rating / status.
Internal & external stakeholders users
Products, services and contractors.
Expression of interest.
Integrate with document management (automatic approval route, reviews, transmittal / transfer).
Evidence trail / audits (automate).
Remove duplication of work.
5 Engineering Management
Quality and inspections.
Document management (including designs).
Approvals.
Traceability / change management.
Client, IDT, contractor collaboration.
Snag lists.
Hand-over.
Commissioning.
Shared server that external stakeholders can access.
6 Document Management
Storage (reports, drawings, certificates, pictures, specifications, minutes).
Check-out.
File structure / directory.
Electronic signature pads
7 Technology Management / Usage
Web-based with access from laptop/desktop, tablet, smart phones.
For ± 300 employees.
Head office and 9-regional offices.
Project offices can be infinite in number with access required from site.
Access for external people.
Cost effective.
Cost of ownership.
Cloud computing (Telkom).
Electronic signature
8 Spatial Mapping / Viewing
Spatial location of each project.
Mapping and Querying functionality
Not for analysis purposes.
9 Performance Management (Internal / External)
Programmes / projects rolled up to IDT’s internal performance.
Budget / cost.
Time.
Quality.
Social development.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 63 - of 102
# Key Function Function
Performance evidence management system (PEMS) with performance scorecard
Dashboards.
Reports.
Key performance indicators.
Scorecards.
10 Monitoring and Evaluation
Link to data.
Compliance (audit).
Qualitative information in addition to quantitative information.
Facilitate learning.
Valid qualitative / quantitative data to track all indicators (project & social).
Validity of data with evidence provided.
Simplicity, ease of use, capable to drill down into data.
Electronic reports.
Integrated.
11 Knowledge Management
All functions inter-linked and should be effective to be successful and intelligent.
Lessons learnt.
Linked to information required for Monitoring and Evaluation
Dictionary / abbreviations / descriptions.
12 Audits / Quality Management System
Audit process compliance.
Quality of compliance (done or done well).
Evidence.
13 Risk Management Life risk and issue register.
Escalation and Monitoring functionality.
14 Dashboards and Reporting Management
Templates: plans, schedules, reports, inspection check-list.
Reporting: indicators, Executive, Client-based.
Levels: projects, programmes, portfolios, Clients, regions, location, contractors, IDT, government.
Up-to-date reports on expenditure, key performance indicators, quality, contractor performance, procurement stage, physical progress (milestones & schedule).
4.4 Access Required
The following paragraphs summarise the general access requirements for the main user groups.
1.3.30 IDT Users
Full access to the PMIS application will be required for the following key internal stakeholder groups:
Executives.
Regional Programme Managers.
Portfolio Managers.
Programme Managers.
Programme Implementation Managers.
Programme Implementation Administrators.
Project Accounts.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 64 - of 102
Knowledge and Information Managers.
Supply Chain Management.
Contract Management.
Originator.
1.3.31 Service Providers
Most of the data required in the EPPMS is provided by the external service providers that are engaged
by the implementing agent. For efficiency, it is essential that the following service providers are provided
with access to the EPPMS, with a requirement in their appointment contracts to obtain and capture the
data on behalf of the IDT.
The Principal Consultant during the design stage.
The Principal Agent during the construction stage.
Any other service providers that are providing a management role in the execution of their service.
It is not expected that every service provider or the contractors will require access to the PMIS but if
access is required for a specific member team member in a programme or project then access can be
made available.
With regard to data ownership, it must be stressed in all contractual relationships that the data is owned
by the IDT, unless ownership is vested in the Client through the relevant agreement.
1.3.32 Clients
Lastly, it is desirable for the Client departments and municipalities to have access to view information in
the EPPMS, including access for their advisors, such as the Department of Public Works. In general,
these entities should not be allowed to capture or modify any data.
1.3.33 Other External Users
Other external users will not have access to the PMIS but may receive output reports produced by the
PMIS. This would include entities such as:
National Treasury.
Provincial Treasury.
Auditor-General.
1.3.34 Key Principles
Therefore the following key principles have been accepted by the IDT and these will need to be
applied during the development and implementation of the EPPMS.
Principle 1: The PMIS must be hosted so that IDT-personnel and the identified external parties
can access the application.
Principle 2: All contractual relationships must ensure that the programme / project data is owned
by the IDT, unless ownership is transferred to the Client through the relevant agreement.
It must be stressed that the first principle has already been applied by the IDT for the application used
for the Beneficiary Information Management System (BIMS).
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 65 - of 102
4.5 Electronic Signature
A key requirement that has emerged is the ability to apply electronic signatures to a programme/project
document in a secure manager that is acceptable to both the IDT and the Auditor-General. This will
improve the authorisation of a document for use in a programme/project as well as create a clear paper
trail. .
The proposed solutions that the IDT can use to implement electronic signatures is as follows:.
A physical hardware device is used to obtain an electronic signature that is then applied to the document,
such as used by the South African Revenue Service (SARS) or some financial institutions. The
hardware medium can either be a tablet, fingerprint scanner or a face recognition device.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 66 - of 102
5. CONTRACT DATA
5.1 The appointed Services Provider will enter into a Services Level Agreement (SLA) with the
employer (IDT), for a maximum period of four (4) years including three (3) years maintenance
and support.
5.2 The terms of the contract that will be signed between the parties have been stipulated under
Annexure B “Service Level Agreement” and under section 5 “Contract Data” of this Tender
Document.
5.3 The engagement with the Services Provider will be for the full scope of the EPPMS project as
specified in sections 3.4; 3.5 and 3.6 above; however the IDT will reserve the right to terminated
the contractual engagement with the Services Provider at the end of each stage, in the event
that the project is put on hold or cancelled.
5.4 The IDT will pay the Services Provider for the acceptable work completed per stage. In the event
where the project is put on hold or cancelled, the IDT will not be liable for any payments related
to the remaining work not implemented by the Services Provider.
5.5 In the event where additional professional services are required, on top and above the scope
specified under sections 3.4; 3.5 and 3.6 above, the negotiable hourly rate should not exceed
the latest DPW hourly rates applicable.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 67 - of 102
6. ANNEXURE:
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 68 - of 102
ANNEXURE A: Independent Development Trust Standard Conditions of Tender
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 69 - of 102
INDEPENDENT DEVELOPMENT TRUST
STANDARD CONDITIONS OF TENDER
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 70 - of 102
1 General
Actions
1. The Independent Development Trust, Independent Development Trust's
Representative and each bidder submitting a tender shall act as stated in
these Conditions of Tender and in a manner which is fair, equitable,
transparent, competitive and cost-effective.
The Conditions of Tender and the Tender Data shall not form part of any
contract arising from this invitation to tender.
Communication 2. Each communication between the Independent Development Trust and a
bidder shall be to or from Independent Development Trust's
Representative only, and in a form that can be read, copied and recorded.
Communication shall be in the English language. The Independent
Development Trust takes no responsibility for non-receipt of
communications from or by a bidder.
Independent
Development
Trust's rights to
accept or reject
any tender
3. The Independent Development Trust may accept or reject any variation,
deviation, tender, or alternative tender, and may cancel the tender process
and reject all tenders at any time prior to the formation of a contract. The
Independent Development Trust or Independent Development Trust's
Representative will not accept or incur any liability to a bidder for such
cancellation and rejection, but will give reasons for the action. The
Independent Development Trust reserves the right to accept the whole of
any part of any tender.
4. After the cancellation of the tender process or the rejection of all tenders
the Independent Development Trust may abandon the proposed work and
services, have it performed in any other manner, or re-issue a similar
invitation to tender at any time.
2 Bidder's obligations
The bidder shall comply with the following obligations when submitting a
tender and shall:
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 71 - of 102
Eligibility 1 Submit a tender only if the bidder complies with the criteria stated in the
Evaluation Criteria.
Cost of tendering 2 Accept that the Independent Development Trust will not compensate the
bidder for any costs incurred in the preparation and submission of a tender.
Check documents 3 Check the tender documents on receipt, including pages within them, and
notify the Independent Development Trust's Representative of any
discrepancy or omissions.
Copyright of
documents
4 Use and copy the documents provided by the Independent Development Trust
only for the purpose of preparing and submitting a tender in response to this
invitation.
Standardised
specifications and
other publications
5 Obtain, as necessary for submitting a tender, copies of the latest revision of
standardised specifications and other publications, which are not attached but
which are incorporated into the tender documents by reference.
Acknowledge
receipt
6 Preferably complete the Receipt of invitation to submit a tender form attached
to the Invitation and return it within five days of receipt of the invitation.
7 Acknowledge receipt of Addenda to the tender documents, which Independent
Development Trust's Representative may issue, and if necessary apply for an
extension to the deadline for tender submission, in order to take the Addenda
into account.
Site visit and / or
clarification
meeting
8 Attend a site visit and/or clarification meeting at which bidders may familiarise
themselves with the proposed work, services or supply, location, etc. Details
of the meeting are stated in the Tender Advert.
Seek clarification 9 Request clarification of the tender documents, if necessary, by notifying
Independent Development Trust's Representative earlier than the closing time
for clarification of queries.
Pricing the tender 10 Include in the rates, prices, and the tendered total of the prices (if any) all
duties, taxes (except VAT), and other levies payable by the successful bidder.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 72 - of 102
Such duties, taxes and levies are those applicable 14 days prior to the
deadline for tender submission.
11 Show Value Added Tax (VAT) payable by Independent Development Trust
separately as an addition to the tendered total of the prices.
12 Provide rates and prices that are fixed for the duration of the contract and not
subject to adjustment except as provided for in the conditions of contract.
13 State the rates and Prices in South African Rand unless instructed otherwise
as an additional condition in the Tender Data. The selected conditions of
contract may provide for part payment in other currencies.
Alterations to
documents
14 Cannot make any alterations or additions to the tender documents, except to
comply with instructions issued by the Independent Development Trust's
Representative or if necessary to correct errors made by the bidder. All such
alterations shall be initialled by all signatories to the tender. Corrections may
not be made using correction fluid, correction tape or the like.
Alternative tenders 15 Submit alternative tenders only if a main tender, strictly in accordance with all
the requirements of the tender documents is also submitted. The alternative
tender is submitted with the main tender together with a schedule that
compares the requirements of the tender documents with the alternative
requirements the bidder proposes.
16 Accept that an alternative tender may be based only on the criteria stated in
the Tender Data and as acceptable to Independent Development Trust.
Submitting a
tender
17 Submit a tender for providing the whole of the works, services or supply
identified in the Terms of Reference unless stated otherwise as an additional
condition.
19 Submit the tender as an original plus and provide an English translation for
documentation submitted in a language other than English. Tenders may not
be written in pencil but must be completed in ink.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 73 - of 102
20 Sign the original and all copies of the tender where indicated. Independent
Development Trust will hold the signatory duly authorised and liable on behalf
of the bidder.
21 Accept that Independent Development Trust will not assume any responsibility
for the misplacement or premature opening of the tender if the outer package
is not sealed and marked as stated.
Note:
Independent Development Trust prefers not to receive tenders by post, and
takes no responsibility for delays in the postal system or in transit within or
between Independent Development Trust offices.
Where tenders are sent per fax, Independent Development Trust takes no
responsibility for difficulties in transmission caused by line or equipment faults.
Where tenders are sent via courier, Independent Development Trust takes no
responsibility for tenders delivered to any other site than the tender office.
Independent Development Trust employees are not permitted to deposit a
tender into the Independent Development Trust tender box on behalf of a
bidder.
Closing time 22 Ensure that Independent Development Trust has received the tender at the
address and in the tender box or fax specified in the Tender Advert no later
than the deadline for tender submission. Proof of posting will not be taken by
Independent Development Trust as proof of delivery. Independent
Development Trust will not accept a tender submitted telephonically, E-mail or
by telegraph unless stated otherwise in the Tender Data.
23 Accept that, if Independent Development Trust extends the deadline for tender
submission for any reason, the requirements of these Conditions of Tender
apply equally to the extended deadline.
Tender validity 24 Hold the tender(s) valid for acceptance by Independent Development Trust at
any time within the validity period after the deadline for tender submission.
25 Extend the validity period for a specified additional period if Independent
Development Trust requests the bidder to extend it. A bidder agreeing to the
request will not be required or permitted to modify a tender, except to the
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 74 - of 102
extent Independent Development Trust may allow for the effects of inflation
over the additional period.
Clarification of
tender after
submission
26 Provide clarification of a tender in response to a request to do so from
Independent Development Trust's Representative during the evaluation of
tenders. This may include providing a breakdown of rates or Prices. No
change in the total of the Prices or substance of the tender is sought, offered,
or permitted except as required by Independent Development Trust's
Representative to confirm the correction of arithmetical errors discovered in
the evaluation of tenders. The total of the Prices stated by the bidder as
corrected by Independent Development Trust's Representative with the
concurrence of the bidder, shall be binding upon the bidder
Submit bonds,
policies etc.
27 If instructed by Independent Development Trust's Representative (before the
formation of a contract), submit for Independent Development Trust's
acceptance, the bonds, guarantees, policies and certificates of insurance
required to be provided by the successful bidder in terms of the conditions of
contract.
28 Undertake to check the final draft of the contract provided by Independent
Development Trust's Representative, and sign the contract all within the time
required by these Conditions of Tender. The Independent Development Trust
to sign and issue the contract.
Fulfil BEE
requirements
29 Comply with Independent Development Trust’s requirements regarding B-
BBEE, Youth-owned, Disabled-owned and Black Women-owned Suppliers.
3 Independent Development Trust's undertakings
Independent Development Trust, and Independent Development Trust's
Representative, shall:
Respond to
clarification
1 Respond to a request for clarification received earlier than the closing time for
clarification of queries. The response is notified to all bidders.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 75 - of 102
Issue Addenda 2 If necessary, issue to each bidder from time to time during the period from the
date of the Invitation until the closing time for clarification of queries, Addenda
that may amend, amplify, or add to the tender documents. If a bidder applies
for an extension to the deadline for tender submission, in order to take
Addenda into account in preparing a tender, Independent Development Trust
may grant such an extension and Independent Development Trust's
Representative shall notify the extension to all bidders.
Return late
tenders
3 Tenders will be deemed late if they are not in the designated tender box at the
date and time stipulated as the deadline for tender submission.
Tender opening 4 Open the tenders in the presence of the bidders’ representatives who choose
to attend at the time and place stated in the Tender Data. Tenders for which
an acceptable notice of withdrawal has been submitted will not be opened.
Non-disclosure 5 Not disclose to bidders, or to any other person not officially concerned with
such processes, information relating to the evaluation and comparison of
tenders and recommendations for the award of a contract.
Grounds for
rejection
6 Consider rejecting a tender if there is any effort by a bidder to influence the
processing of tenders or contract award.
Disqualification 7 Instantly disqualify a bidder (and his tender) if it is established that the bidder
offered an inducement to any person with a view to influencing the placing of
a contract arising from this invitation to tender.
Test for
responsiveness
8 Determine before detailed evaluation, whether each tender properly received
meets the requirements of these Conditions of Tender,
has been properly signed, and
Is responsive to the requirements of the tender documents.
9 Judge a responsive tender as one which conforms to all the terms, conditions,
and specifications of the tender documents without material deviation or
qualification. A material deviation or qualification is one which, in Independent
Development Trust's opinion would
detrimentally affect the scope, quality, or performance of the works,
services or supply identified in the Contract Data,
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 76 - of 102
change Independent Development Trust's or the bidder's risks and
responsibilities under the contract, or
affect the competitive position of other bidders presenting responsive
tenders, if it were to be rectified.
Non-responsive
tenders
10 Reject a non-responsive tender, and not allow it to be subsequently made
responsive by correction or withdrawal of the non-conforming deviation or
reservation.
Arithmetical errors 11 Check responsive tenders for arithmetical errors, correcting them as follows:
Where there is a discrepancy between the amounts in figures and in
words, the amount in words shall govern.
If a bill of quantities applies and there is a discrepancy between the rate
and the line item total, resulting from multiplying the rate by the quantity,
the rate as quoted shall govern. Where there is an obviously gross
misplacement of the decimal point in the rate, the line item total as quoted
shall govern, and the rate will be corrected.
Where there is an error in the total of the Prices, either as a result of other
corrections required by this checking process or in the bidder's addition of
prices, the total of the Prices, if any, will be corrected.
12 Reject a tender if the bidder does not accept the corrected total of the Prices
(if any).
Evaluating the
tender
13 Evaluate responsive tenders in accordance with the procedure stated in the
Evaluation Criteria. The evaluated tender price will be disclosed only to the
relevant Independent Development Trust tender committee and will not be
disclosed to bidders or any other person.
Clarification of a
tender
14 Obtain from a bidder clarification of any matter in the tender which may not be
clear or could give rise to ambiguity in a contract arising from this tender if the
matter were not to be clarified.
Acceptance of
tender
15 Notify the Independent Development Trust's acceptance to the successful
bidder before the expiry of the validity period, or agreed additional period.
Providing the notice of acceptance does not contain any qualifying statements,
it will constitute the formation of a contract between Independent Development
Trust and the successful bidder.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 77 - of 102
Notice to
unsuccessful
bidders
16 After the successful bidder has acknowledged Independent Development
Trust’s notice of acceptance, unsuccessful bidders must consider their tenders
unsuccessful if not contacted one month after date of tender closure.
Prepare contract
documents
17 Revise the contract documents issued by Independent Development Trust as
part of the tender documents to take account of
Addenda issued during the tender period,
inclusion of some of the tender returnables, and
Other revisions agreed between Independent Development Trust and the
successful bidder, before the issue of the Independent Development
Trust's notice of acceptance (of the tender).
Issue final
contract
18 Issue the final contract documents to the successful bidder for acceptance
within one week of the date of Independent Development Trust's notice of
acceptance.
Sign Contract 19 Arrange for authorised signatories of both parties to complete and sign the
original contract. If either party requires the signatories to initial every page of
the contract documents, the signatories for the other party comply with the
request.
Provide copies of
the contracts
20 Provide to the successful bidder one copy of the contract on the date of
Independent Development Trust's acceptance of the tender.
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page - 78 - of 102
ANNEXURE B: Service Level Agreement
Tender Number: IDT-NAT-EPPMS-2018
Term of Reference: Electronic Programme / Project Management System
Page 79 of 102
SERVICE LEVEL AGREEMENT
made and entered into by and between
THE INDEPENDENT DEVELOPMENT TRUST
TRUST NUMBER: 669/91
_________________________________________
_______________________________________
(Hereinafter referred to as “the IDT”)
and
Company Name
Registration Number: _______
Herein represented by _____________________________ in his capacity as the
__________________________, duly authorised
(Hereinafter referred to as “the Service Provider”)
Service Level Agreement
Page 80 of 102
PREAMBLE:
WHEREAS the Independent Development Trust (IDT) is a Schedule 2 Major Public Entity, a Government
Development Agency governed by its Deed of Trust, the Public Finance Management Act (Act No. 1 of
1999), as amended by Act of No. 29 of 1999 (PFMA) and other relevant legislative frameworks, reporting
to Parliament through Ministry of Public Works;
WHEREAS the IDT remuneration framework has not been reviewed since 2002. Changes within the
Organization and in the Operating environment necessitate a review of the existing framework to ensure
that the Organization’s remuneration approach is aligned to the market and is consistent with public sector
remuneration;
WHEREAS the IDT wish to appoint a qualified and experienced service provider to develop Remuneration
Strategy, Framework and Policy to guide the remunerating philosophy, approach and practices of the
Organisation;
AND WHEREAS the Service Provider is prepared and has the necessary experience and expertise to
provide the services as independent audit firm, as stipulated in this Agreement.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. INTERPRETATION AND DEFINITION
1.1 INTERPRETATION
In this Agreement, unless the context otherwise indicates:-
1.1.1 The headings to clauses of this Agreement are inserted for reference purposes
only and shall not govern or affect the interpretation thereof;
1.1.2 Any annexure to this Agreement will form an integral part hereof and words
and expressions defined in this Agreement shall bear, unless the context
otherwise requires, the same meaning in such annexure;
1.1.3 Unless the context clearly indicates a contrary intention, words importing the
singular shall include the plural and vice versa;
Service Level Agreement
Page 81 of 102
1.1.4 references to any one gender shall include the other gender and any reference
to a natural person shall include a legal persona and vice versa;
1.1.5 Where the day on or by which anything is to be done is not a business day, it
shall be done on or by the first business day thereafter; and
1.1.6 where any number of days is prescribed in this Agreement, these shall be
reckoned as calendar days, exclusively of the first, inclusively of the last day,
unless the last day falls on a weekend or on a public holiday, in which case the
last day shall be the next succeeding day which is not a weekend or a public
holiday.
1.2 DEFINITIONS
Unless the context indicates otherwise, the following expressions shall bear the meanings
assigned to them and cognate expressions shall bear corresponding meanings:
1.2.1 "the Agreement" means this Agreement, Service Provider’s Proposal, Terms of
Reference and Non-Disclosure Agreement;
1.2.2 “Effective Date” means, notwithstanding the signature date, ___________2018;
1.2.3 “Confidential Information” means information disclosed by the Disclosing Party
that (a) relates to the Disclosing Party’s past, present or future research,
development, business activities, products, services and technical knowledge,
and (b) either has been identified in writing as confidential or is of such a nature
(or has been disclosed in such a way) that it should be obvious to the other Party
that it is claimed as confidential. As used herein, the Party disclosing Confidential
Information is referred to as the “Disclosing Party” and the Party receiving the
Confidential Information is referred to as the “Recipient” or “the Receiving
Participant;
Service Level Agreement
Page 82 of 102
1.2.4 “Intellectual Property” means intellectual property relating to this Agreement in
the form of any and all technical or commercial information, including, but not
limited to the following: specifications and formulae; know-how, data, systems
and processes; production methods; trade secrets; undisclosed inventions,
financial and marketing information; as well as registered or unregistered
intellectual property in the form of patents, trade- marks, designs, and copyright
in any works, including literary works or computer software programs;
1.2.5 “Project” means development of the Remuneration Strategy, Framework and
Policy, as detailed in the Terms of Reference and Service Provider’s proposal;
1.2.6 “Project Execution Plan” means the approach and methodology contained in
the Service Provider’s proposal and Detailed Execution Plan annexed hereto as
annexure C;
1.2.7 “Project Funds” means the approved professional fees for the execution of the
project;
1.2.8 “Termination Date” means ________ day of _________ 20____;
1.2.9 “VAT” means value-added tax as contemplated in the Value-Added Tax Act’ No
89 of 1991.
2. APPOINTMENT
2.1 The IDT hereby appoints the Service Provider as an independent service provider to
execute the project.
2.2 The Service Provider acknowledges that, notwithstanding any of the IDT’s actions, on
expiry of this agreement the Service Provider will have no expectation of an extension of
whatsoever nature of this agreement.
2.3 The IDT shall co-operate and timeously provide the Service Provider with information that
may be reasonably required for the provision of the Service Provider’s services. This must
exclusively be used for the services as stipulated in this agreement.
Service Level Agreement
Page 83 of 102
2.4 The Service Provider shall at all times exercise professional and reasonable skill, care
and diligence in the execution of its services under this contract.
2.5 The Service Provider shall perform such other duties, related to this agreement, as may
from time to time be determined by the IDT.
2.6 The Parties agree that the relationship between them will be that of an independent
contractor and the IDT in no way intends an employer/ employee relationship to arise out
of this contract. The provisions of the Labour Relations Act and the Basic Conditions of
Employment Act will not be applicable to this relationship.
3. SCOPE OF WORK
The scope of work is defined under sections 3.4; 3.5; 3.6 and 4 of the tender document
4. DELIVERABLES
The Service Provider must deliver the scope as defined under sections 3.4; 3.5 and 3.6 of the tender
document
5. DESIGNATED REPRESENTATIVE
5.1 The SERVICE PROVIDER shall report the daily operational matters of the implementation
process to the Specialist: Operation Improvements, Ms Yeline Carnero Ferrer
Email: Yelinef@idt.org.za,
Tel: (012) 845 2186.
5.2 For strategic matter, the SERVICE PROVIDER shall report to the Executive Head-PMSU:-
Email: Steven Ntsandeni,
Tel: (012) 845 2000.
5.3 The Service Provider hereby appoint ___________________ , as a designate person to act
as the representatives and who shall have complete authority to receive instructions and to
give information to the IDT on behalf of the Service Provider.
Email: ___________________,
Tel: ___________________.
Service Level Agreement
Page 84 of 102
6. CO-OPERATION WITH OTHERS
6.1 The IDT may at its costs and in its own discretion engage such other Service Providers and
specialists as may be necessary for the execution of services supplementary to those
contained in this agreement.
4.2 The Service Provider shall execute its services, duties and obligations in terms of this
agreement in conjunction with any other Service Providers, IDT employees or other
persons and institutions which are providing services to the IDT.
4.3 The Service Provider shall only be responsible for its own performance and the performance
of its employees and/or specialists who have specifically been appointed by the Service
Provider to assist it with its services in terms of the agreement.
7. MANAGEMENT OF SCOPE CHANGE
7.1 On becoming aware of any matter which shall materially change or has changed timing of
the Service Provider obligations, the Service Provider must give immediate written notice
thereof to the IDT.
7.2 In the event the Service Provider identifies a need for a scope change, the Service Provider
will quantify the costs and submit the same to the IDT for consideration and written approval.
7.3 The scope change will be considered by the IDT within 10 (ten) days of submission or within
any reasonable time, by the Service Provider.
7.4 The scope change shall only be valid, if communicated by the authorised representative of
the IDT to the Service Provider in writing.
7.5 The IDT shall not be liable for the performance of additional services without the necessary
written approval as indicate in paragraph 5.4 above.
Service Level Agreement
Page 85 of 102
8. COMMENCEMENT AND DURATION
8.1 This Agreement will commence on the effective date and shall terminate on the termination
date, where after the Parties may renew this Agreement for such period of time and on such
additional terms and conditions as may be negotiated between them and agreed in writing,
unless this Agreement is terminated prior to such date in terms of clause 6.2 of this
Agreement.
8.2 The Parties may agree to terminate this Agreement at an earlier date by mutual written
consent between them.
6.1 The Parties agree that should this Agreement not be renewed after the termination date, then
the same shall be deemed to have terminated on the Termination Date.
9. TERMINATION
9.1 The parties agree that the IDT may suspend or terminate this agreement or part thereof, at
any time or at any given deliverable or part thereof if the services/deliverables or the progress
reports presented by the Service Provider are not to the satisfaction of the IDT, or if the
services are no longer required.
9.2 Any suspension or termination of this agreement or any deliverable or part thereof, must be
done on not less than ten (10) days written notice to the Service Provider.
9.3 Should this agreement or at any deliverable or part thereof be suspended or terminated in
terms of clause 7.1 above, the IDT shall remunerate the Service Provider for work
satisfactorily completed.
9.4 The IDT may terminate the Agreement on breach of the Agreement as stipulated in Clause
12 below.
10. RESPONSIBILITIES OF THE PARTIES AND SCOPE OF WORK
10.1 The Service Provider
Service Level Agreement
Page 86 of 102
10.1.3 The Service Provider shall perform the services as more fully detailed in the Terms
of Reference and service provider’s proposal.
10.1.4 The above-mentioned services shall be executed in accordance with the detailed
Project Execution Plan, which is specifically incorporated herein.
10.2 The IDT
7.2.1 The IDT shall be-
7.2.1.1 responsible for providing guidance and necessary instruction to the
Service Provider;
7.2.1.2 payment of the Service Provider’s invoices in accordance with clause
10 of this agreement.
11. PROJECT FUNDS
11.1 The approved project funds for this project is an amount of _________________, VAT
inclusive, but excluding Disbursements for travel and substance outside Gauteng.
11.2 The Service Provider shall be entitled to the payment for disbursement costs, which
disbursements shall be in line with the National Treasury Instruction 01 of 2013/2014,
which introduced cost containment measures in all PFMA compliant institutions.
11.3 The project funds shall be paid to the Service Provider in accordance with clause 12
below.
12. PAYMENTS OF THE SERVICE PROVIDER’S INVOICES
12.1 The Service Provider must provide the IDT with tax invoices reflecting actual services
rendered coupled with any other original supporting documentation or information, as may
be required by the IDT.
Service Level Agreement
Page 87 of 102
12.2 The tax invoice must include services satisfactory rendered and deliverables completed
in accordance with this agreement, as more fully elaborated in annexure D of the Service
Provider’s proposal.
12.3 The Service Provider’s fees, plus disbursements, if any, shall be billed on completion of
the assignment and payments of the Service Provider’s invoice shall be made within thirty
(30) days of submission of the invoice, unless the invoice is objected in accordance with
clause 12.4 below.
12.4 If any item or part of any item of an invoice submitted by the Service Provider is disputed
by the IDT, the IDT shall give notice thereof with reasons, to the Service Provider within
10 working days.
13. DISPUTE RESOLUTION
13.1 Without detracting from a party’s right to institute action or motion proceedings in the High
Court or any Court of competent jurisdiction in respect of any dispute that may arise out
of or in connection with this agreement, the parties may, by mutual consent, follow the
Mediation and/or Arbitration procedure as set out in clause 13.4 and 13.5 below.
13.2 Notwithstanding any provisions of this agreement, either party may approach any court of
competent jurisdiction without first exhausting the Mediation and/or Arbitration procedure
referred to in this agreement.
13.3 Negotiation
13.3.3 Should any dispute, disagreement or claim arise between the parties (“the
dispute”) concerning this agreement, the parties shall try to resolve the dispute
by negotiation. This entails that one party invites the other party in writing to meet
and attempt to resolve the dispute within 5 (Five) days from the date of the written
invitation.
13.3.4 The Parties undertake to extensively consult with each other in the event of a
dispute and to use their best endeavours to resolve such dispute amongst
themselves without recourse to litigation.
Service Level Agreement
Page 88 of 102
13.4 Mediation
13.4.3 In the event of any dispute arising between the parties, either party may declare
a dispute by notice to the other party.
13.4.4 Prior to litigation in terms of clause 13.2 above or submission of dispute to
arbitration in accordance with clause 13.5 below, the matter may first be referred
for mediation before the mediator appointed by agreement between the parties
to the dispute and failing an agreement within 10 (ten) business days of the
demand for mediation, then any party to the dispute shall be entitled to forthwith
call upon the President of the Law Society of Northern Provinces to nominate the
mediator.
13.4.5 The mediator shall have absolute discretion in the manner in which the mediation
proceedings shall be conducted.
13.4.6 The mediator shall deliver a copy of his reasoned opinion to each party within
twenty one (21) days of his appointment.
13.4.7 The opinion so expressed by the mediator shall be final and binding on the
parties, unless either party within twenty one (21) days of the delivery of the
opinion, notifies the other party of its unwillingness to accept the said opinion, in
which event the dispute may be referred to arbitration or to any competent court
with jurisdiction.
13.4.8 The costs of mediation shall be determined by the mediator and shall be borne
equally by the parties and shall be due and payable to the mediator on
presentation to them of his written account.
13.5 Arbitration
13.5.3 In the event of the parties, or any of them, failing to accept the ruling of
the mediator, and subject to clause 13.2 above, the matter in dispute may
be referred to arbitration, by written agreement between the parties. The
arbitrator shall at the written request of either party be appointed by the
secretary of the Arbitration Foundation of Southern Africa (“AFSA”). The
Service Level Agreement
Page 89 of 102
arbitration shall be conducted in accordance with the AFSA Commercial
Rules, which arbitration shall be administered by AFSA.
13.5.4 Should AFSA, as an institution, not be operating at that time or not be
accepting requests for arbitration for any reason, then the arbitration shall
be conducted in accordance with the AFSA rules for commercial
arbitration (as last applied by AFSA) before an arbitrator appointed by
agreement between the parties to the dispute or failing agreement within
10 (ten) business days of the demand for arbitration, then any party to
the dispute shall be entitled to forthwith call upon the chairperson of the
Johannesburg Bar Council to nominate the arbitrator, provided that the
person so nominated shall be an advocate of not less than 10 (ten) years
standing as such. The person so nominated shall be the duly appointed
arbitrator in respect of the dispute. In the event of the attorneys of the
parties to the dispute failing to agree on any matter relating to the
administration of the arbitration, such matter shall be referred to and
decided by the arbitrator whose decision shall be final and binding on the
parties to the dispute.
13.5.5 Any party to the arbitration may appeal the decision of the arbitrator or
arbitrators in terms of the AFSA rules for commercial arbitration.
13.5.6 Nothing herein contained shall be deemed to prevent or prohibit a party
to the arbitration from applying to the appropriate court for urgent relief.
13.5.7 Any arbitration in terms of this clause 13.5 (including any appeal
proceedings) shall be conducted in camera and the Parties shall treat as
confidential details of the dispute submitted to arbitration, the conduct of
the arbitration proceedings and the outcome of the arbitration.
13.5.8 This clause 13 will continue to be binding on the Parties notwithstanding
any termination or cancellation of the Agreement.
13.5.9 The Parties agree that the written demand by a party to the dispute in
terms of clause 13.5.1 that the dispute or difference be submitted to
arbitration is to be deemed to be a legal process for the purpose of
interrupting extinctive prescription in terms of the Prescription Act, 1969.
Service Level Agreement
Page 90 of 102
13.5.10 The costs of arbitration shall be determined by the arbitrator or AFSA
and shall be borne equally by the parties and shall be due and payable
to the arbitrator on presentation to them of his written account.
13.5.11 Should any one party fail to pay its share of any administration fee or
cost when requested by the AFSA Secretariat, that party shall
automatically be excluded to participate in the arbitration process so
long as that party is in default of payment. Where one party is excluded
by reason of default, the Secretariat will revise the fees payable by the
remaining party to cover all costs and expenses, subject to the right of
the paying party to recover, if so ordered by the arbitrator, from the non-
paying party.
14. BREACH
11.1 If a Party ("Defaulting Party") commits any breach of this Agreement and fails to remedy
such breach within 14 (Fourteen) business days ("Notice Period") of written notice
requiring the breach to be remedied, then the Party giving the notice ("Aggrieved Party")
will be entitled, at its option –
11.1.1 to claim immediate specific performance of any of the Defaulting Party's
obligations under this Agreement, with or without claiming damages, whether or
not such obligation has fallen due for performance and to require the Defaulting
Party to provide security to the satisfaction of the Aggrieved Party for the
Defaulting Party's obligations; or
11.1.2 To suspend further payments to the Service Provider; or
11.1.3 To appoint any other person or persons to complete the execution of the project,
in which event the Service Provider shall be held liable or costs incurred in the
appointment of such Service Provider as well as reasonable costs of the process
of delay; or
11.1.4 to cancel this Agreement, with or without claiming damages, in which case
written notice of the cancellation shall be given to the Defaulting Party, and the
Service Level Agreement
Page 91 of 102
cancellation shall take effect on the giving of the notice. Neither Party shall be
entitled to cancel this Agreement unless the breach is a material breach. A
breach will be deemed to be a material breach if –
11.1.4.1 it is capable of being remedied, but is not so remedied within the Notice
Period; or
11.1.4.2 it is incapable of being remedied or is not remedied within the Notice
Period, and payment in money will compensate for such breach but
such payment is not made within the Notice Period.
11.2 In the event that either Party commits an act of insolvency or is placed under a provisional
or final winding-up or business rescue, or judicial management order or if either Party
makes an assignment for the benefit of creditors, or fails to satisfy or take steps to have
set aside any judgment taken against it within 14 (Fourteen) business days after such
judgment has come to its notice, then the other Party will be entitled to terminate the
Agreement on written notice.
11.3 The Parties agree that any costs awarded will be recoverable on an attorney-and-own-
client scale unless the Court / Arbitrator specifically determines that such scale shall not
apply, in which event the costs will be recoverable in accordance with the High Court tariff,
determined on an attorney-and-client scale.
11.4 The Aggrieved Party's remedies in terms of this clause 11 are without prejudice to any
other remedies to which the Aggrieved Party may be entitled in law.
15. INTELLECTUAL PROPERTY AND COPYRIGHT
13.1 The Service Provider acknowledges that the IDT may by operation of law become the
owner of the copyright in any work which is eligible for copyright and which is created or
executed by the Service Provider, whether alone or with others, in the course and scope
of its appointment.
13.2 Insofar as it may be necessary, the Service Provider cedes and assigns to the IDT, the
copyright on any work created or executed by it, whether alone or with others, in the
course and scope of its appointment as a Service Provider of the IDT, except for the
Service Level Agreement
Page 92 of 102
training manuals which were developed by the Service Provider and the Service Provider
has copyright.
13.3 The Service Provider undertakes not to exercise any residuary rights in respect of any
work created or executed by it, whether alone or with others, in the course and scope of
its appointment as a Service Provider of the IDT.
13.4 All work created or executed by the Service Provider and for which copyright exists shall,
unless the Service Provider establishes the contrary, be deemed to have been created or
executed in the course and scope of its appointment as a Service Provider of the IDT.
16. MISCELLANEOUS MATTERS
14.1 Whole Agreement
14.1.1 This Agreement constitutes the whole of the agreement between the Parties
relating to the matters dealt with herein and, save to the extent otherwise provided
herein, no undertaking, representation, term or condition relating to the subject
matter of this Agreement not incorporated in this Agreement shall be binding on
either of the Parties.
14.1.2 This Agreement supersedes and replaces any and all agreements between the
Parties (and other persons, as may be applicable) and undertakings given to or
on behalf of the Parties (and other persons, as may be applicable) in relation to
the subject matter hereof.
14.2 Variations to be in Writing
No addition to or variation, deletion, or agreed cancellation of all or any clauses or
provisions of this Agreement will be of any force or effect unless in writing and signed by
the Parties. The amendment of the Agreement shall be recorded as an addendum to this
Agreement.
14.3 No Indulgences
No latitude, extension of time or other indulgence which may be given or allowed by either
Service Level Agreement
Page 93 of 102
Party to the other in respect of the performance of any obligation hereunder, and no delay
or forbearance in the enforcement of any right of either Party arising from this Agreement
and no single or partial exercise of any right by either Party under this Agreement, shall
in any circumstances be construed to be an implied consent or election by that Party or
operate as a waiver or a novation of or otherwise affect any of its rights in terms of or
arising from this Agreement or estop or preclude it from enforcing at any time and without
notice, strict and punctual compliance with each and every provision or term hereof.
Failure or delay on the part of either Party in exercising any right, power or privilege under
this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single
or partial exercise of any right, power or privilege preclude any other or further exercise
thereof or the exercise of any other right, power or privilege.
14.4 No Waiver or Suspension of Rights
No waiver, suspension or postponement by either Party of any right arising out of or in
connection with this Agreement shall be of any force or effect unless in writing and signed
by that Party. Any such waiver, suspension or postponement will be effective only in the
specific instance and for the purpose given.
14.5 Provisions Severable
All provisions and the various clauses of this Agreement are, notwithstanding the manner
in which they have been grouped together or linked grammatically, severable from each
other. Any provision or clause of this Agreement which is or becomes unenforceable in
any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other
reason whatever, shall, in such jurisdiction only and only to the extent that it is so
unenforceable, be treated as pro non scripto and the remaining provisions and clauses of
this Agreement shall remain of full force and effect. The Parties declare that it is their
intention that this Agreement would be executed without such unenforceable provision if
they were aware of such unenforceability at the time of execution hereof.
14.6 Continuing Effectiveness of Certain Provisions
The expiration or termination of this Agreement shall not affect such of the provisions of
this Agreement as expressly provide that they will operate after any such expiration or
termination or which of necessity must continue to have effect after such expiration or
termination, notwithstanding that the clauses themselves do not expressly provide for this.
Service Level Agreement
Page 94 of 102
14.7 Assignment
14.7.1 The Service Provider shall not cede or assign any of its rights and obligations in
terms of this Agreement to any third party without prior written consent of the IDT.
17. CONFLICT OF INTEREST
The Service Provider shall at all times during the execution of the assignment use its best
endeavours to ensure that no action is taken by it or its personnel, agents or sub-contractors which
may result in or give rise to the existence of conditions which are prejudicial to or in conflict with
the best interests of the client.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Service Provider shall indemnify and hold harmless IDT
and its officers, agents and employees from and against any and all claims, actions, damages,
liabilities, injuries, costs, fees, expenses, or losses, including, without limitation, reasonable
attorney’s fees and costs of investigation and litigation, whatsoever which may be incurred by, or
for which liability may be asserted against, IDT or any of its officers, agents or employees arising
out of any activities undertaken by, for, or on behalf of the IDT in the execution or implementation
of this Agreement, including, but not limited to, the performance of any contract or obligation
directly or indirectly related to the project. Such obligation shall not be construed to negate or
abridge any other obligation of indemnification running to IDT which would otherwise exist.
19. DOMICILIA AND NOTICES
17.1 For all purposes arising from or in connection with this Agreement, The Parties hereby
choose as their domicilium citandi et execuntandi for all purposes under this
Agreement whether in respect or court process, notices or other documents of
communications of whatever nature, the following addresses:-
17.1.1 The IDT:
Service Level Agreement
Page 95 of 102
Glenwood office park
Cnr. Oberon & Sprite Streets
Faerie Glen
Pretoria
South Africa
17.1.2 The Service Provider:
17.2 Either Party may change its domicilium or its address for the purposes of notices to any
other physical address or telefax number by written notice to the other Party to that effect,
provided that such domicilium must be a physical address within the Republic.Such change
of address will be effective 7 (seven) business days after receipt of the notice of the change.
17.3 All notices to be given in terms of this Agreement will be given in writing and will –
17.3.1 be delivered by hand or sent by telefax, and by way of email;
17.3.2 if delivered by hand during business hours, be presumed to have been received
on the date of delivery. Any notice delivered after business hours or on a day
which is not a business day will be presumed to have been received on the
following business day; and
17.3.3 if sent by telefax or email during business hours, be presumed to have been
received on the date of successful transmission of the telefax or email. Any
telefax or email sent after business hours or on a day which is not a business
day will be presumed to have been received on the following business day.
17.4 Notwithstanding the above, any notice given in writing, and actually received by the Party
to whom the notice is addressed, will be deemed to have been properly given and
received, notwithstanding that such notice has not been given in accordance with this
clause 17.
17.5 All notices contemplated under this Agreement must be delivered by hand or sent by
prepaid registered post, in which latter event a notice will be deemed to have been
received by the addressee (s) seven (7) days after the proven date of posting.
Service Level Agreement
Page 96 of 102
20. SPECIAL CONDITIONS
It is specifically agreed between the parties that before any payment is made, the IDT reserves
the right to verify and satisfy itself that the work has been satisfactory completed.
21. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the applicable laws of the
Republic of South Africa.
22. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE
22.1 From time to time during the execution of this Agreement, Confidential Information may be
given by one Party to this Agreement (“the Disclosing Party”) to the other Party (“the
Recipient”).
22.2 The Receiving Party will treat and keep all Confidential Information as secret and
confidential and will not, without the Disclosing Party’s written consent, directly or indirectly
communicate or disclose (whether in writing or orally or in any other manner) Confidential
Information to any other person other than in accordance with the terms of this Agreement.
22.3 The Receiving Party will only use the Confidential Information for the sole purpose of
complying with its obligations under this Agreement.
22.4 Notwithstanding clause 22.1 (Confidential Information) the Receiving Party may disclose
Confidential Information:
22.4.1 to those of its Agents who strictly need to know the Confidential Information for
the sole purpose set out in clause 22.3 (Confidential Information) provided that
the Receiving Party shall ensure that such Agents are made aware prior to the
disclosure of any part of the Confidential Information that the same is confidential
and that they owe a duty of confidence to the Disclosing Party on the same terms
Service Level Agreement
Page 97 of 102
as contained in this Agreement. The Receiving Party shall at all times remain
liable for any actions of such Agents that would constitute a breach of this
Agreement; or
22.4.2 to the extent required by law or the rules of any applicable regulatory authority,
subject to clause 20.5 (Confidential Information) below.
22.5 If the Receiving Party is required to disclose any Confidential Information in accordance
with clause 22.4.1 (Confidential Information) above, it shall promptly notify the Disclosing
Party so that the Disclosing Party may have an opportunity to prevent the disclosure
through appropriate legal means and the Receiving Party shall co-operate with the
Disclosing Party regarding the form, nature, content and purpose of such disclosure or any
action which the Disclosing Party may reasonably take to challenge the validity of such
requirement.
22.6 The contents and the existence and the scope of this Agreement are Confidential
Information.
22.7 If any Confidential Information is copied, disclosed or used otherwise than as permitted
under this Agreement then, upon becoming aware of the same, without prejudice to any
rights or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable
notify the Disclosing Party of such event and, if requested by the Disclosing Party, take
such steps (including the institution of legal proceedings) as shall be necessary to remedy
(if capable of remedy) the default and/or to prevent further unauthorised copying, disclosure
or use.
22.8 Notwithstanding whether the Receiving Party uses the Confidential Information in
accordance with this Agreement or not (including modifying or amending the Confidential
Information), all Confidential Information shall remain the property of the Disclosing Party
and its disclosure shall not confer on the Receiving Party any rights of the Disclosing Party
(or its Agents), including Intellectual Property rights, over the Confidential Information
whatsoever beyond those contained in this Agreement.
22.9 Use by the Receiving Party of any Confidential Information in accordance with the terms of
this Agreement will not infringe the Intellectual Property of any other person and no
notification of any actual or potential claim alleging such infringement has been received
by the Disclosing Party.
Service Level Agreement
Page 98 of 102
22.10 The Receiving Party agrees to ensure proper and secure storage of all Confidential
Information and any copies thereof to at least the same standard as the Receiving Party
keeps its own Confidential Information. The Receiving Party shall not make any copies or
reproduce in any form any Confidential Information except for the purpose of disclosure as
permitted in accordance with this Agreement.
22.11 The Receiving Party shall keep a written record, to be supplied to the Disclosing Party upon
request, of the Confidential Information received and any copies made thereof and, so far
as is reasonably practicable, of the location of such Confidential Information and any copies
thereof.
22.12 Without prejudice to any other rights or remedies of the Disclosing Party, the Receiving
Party acknowledges and agrees that damages would not be an adequate remedy for any
breach by it of the provisions of this clause 20 (Confidential Information) and that the
Disclosing Party shall be entitled to seek the remedies of injunction, specific performance
and other equitable relief for any threatened or actual breach of any such provision buy the
Receiving Party or its Agents, and no proof of special damages shall be necessary for the
enforcement of the rights under this clause 22 (Confidential Information).
22.13 The Receiving Party recognises and acknowledges that the Confidential Information is of
a special, unique and extraordinary character to the Disclosing Party and the System and
the disclosure, misappropriation or unauthorised use of such Confidential Information by
the Receiving Party cannot be fully compensated and that, further, any such disclosure,
misappropriation or unauthorised use of the Confidential Information shall cause
irreparable injury to the Disclosing Party and/or the System. The Receiving Party expressly
agrees, therefore, that the Disclosing Party, in addition to any rights and remedies it may
have under this Agreement or at law or in equity, shall be entitled to seek injunctive and
other equitable relief to prevent the breach, or the further breach, of any of the provisions
of this Agreement. The Receiving Party recognises and acknowledges that the Confidential
Information is of a special, unique and extraordinary character to the Disclosing Party and
the System and the disclosure, misappropriation or unauthorised use of such Confidential
Information by the Receiving Party cannot be fully compensated and that, further, any such
disclosure, misappropriation or unauthorised use of the Confidential Information shall
cause irreparable injury to the Disclosing Party and/or the System. The Receiving Party
expressly agrees, therefore, that the Disclosing Party, in addition to any rights and
remedies it may have under this Agreement or at law or in equity, shall be entitled to seek
Service Level Agreement
Page 99 of 102
injunctive and other equitable relief to prevent the breach, or the further breach, of any of
the provisions of this Agreement.
22.14 The Receiving Party agrees to reimburse the Disclosing Party for any and all losses,
liabilities, damages, costs, opportunity costs, and direct or indirect expenses (including
reasonable attorney’s fees, profit opportunity returns foregone and any court costs)
incurred by the Disclosing Party as a result of any prima facie breach of this Agreement by
the Receiving Party.
22.15 Notwithstanding whether or not this agreement is renewed, the Receiving Party shall
maintain the Confidential Information in confidence with the terms of this Agreement for a
period of five (5) years from the date of disclosure.
IN WITNESS WHEREOF, the Parties have duly executed this document as of the date first written below.
THUS DONE and SIGNED at PRETORIA on this the ……….day of ____________20____
AS WITNESSES:
1. _________________________ _______________________
For and on behalf of the IDT:
2. _________________________ _______________________
For and on behalf of the IDT:
THUS DONE and SIGNED at _______________ on this ___day of _______________ 20__
AS WITNESSES:
1. ___________________________
2. ___________________________
_______________________
For and on behalf of the Service
Provider: