RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

THE iSIMANGALISO WETLAND PARK AUTHORITY REQUEST FOR PROPOSAL [RFP]:

APPOINTMENT OF TRANSACTIONAL ADVISORS FOR PPP PROJECTS FOR A PERIOD OF FIVE
YEARS

[RFP NUMBER: 08/2024]

Date Issued: [12 September 2024]

Closing date and time: [14 October 2024 at 12:00]
Bid Validity Period: [120 days]

TENDER BOX ADDRESS:

ADDRESS: The iSimangaliso Wetland Park Authority The Dredger Harbour

McKenzie Street St Lucia Estuary Dukuduku
3936
(Approximately 25km from the town of Mtubatuba)

NAME OF BIDDER:

____________________________________________________________________________
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Contents
1. INTRODUCTION................................................................................................................ 1

2. LEGAL, REGULATORY & INSTITUTIONAL FRAMEWORK ........................................................ 1

3. INTEGRATED MANAGEMENT PLAN .................................................................................... 1

4. PURPOSE OF THIS REQUEST FOR PROPOSAL (RFP) ............................................................ 2

5. DEFINITIONS ................................................................................................................... 3

6. LEGISLATIVE FRAMEWORK OF THE BID ............................................................................. 4

7. TIMELINE OF THE BID PROCESS ........................................................................................ 5

8. CONTACT AND COMMUNICATION....................................................................................... 6

9. LATE BIDS ...................................................................................................................... 7

10. COUNTER CONDITIONS ................................................................................................. 7

11. INTELLECTUAL PROPERTY RIGHTS ................................................................................ 7

12. SUBMISSION OF PROPOSALS ........................................................................................ 8

13. PRESENTATION / DEMONSTRATION ............................................................................... 8

14. DURATION OF THE CONTRACT ...................................................................................... 8

15. SCOPE OF WORK ......................................................................................................... 9

16. THE SKILLS AND EXPERIENCE..................................................................................... 16

17. REMUNERATION SCHEDULE AND DISBURSEMENT ARRANGEMENTS ............................... 17

18. MANAGEMENT OF TRANSACTION ADVISOR .................................................................. 18

19. BID SUBMISSION REQUIREMENTS ................................................................................ 18

20. EVALUATION AND SELECTION CRITERIA ...................................................................... 24

21. PRE-QUALIFICATION REQUIREMENTS .......................................................................... 24

22. TECHNICAL EVALUATION CRITERIA ............................................................................. 26

23. SCORING METHODOLOGY........................................................................................... 31

24. MANDATORY REQUIREMENTS ..................................................................................... 31

25. COMPANY PROFILE .................................................................................................... 32

26. SERVICE PROVIDER CONTRACT .................................................................................. 32

27. CONTRACT PRICE ADJUSTMENT ................................................................................. 32

 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

28. SERVICE LEVEL AGREEMENT ...................................................................................... 32

29. SPECIAL CONDITIONS OF THIS BID .............................................................................. 33

30. ISIMANGALISO REQUIRES BIDDER(S) TO DECLARE ....................................................... 34

31. CONFLICT OF INTEREST, CORRUPTION AND FRAUD ...................................................... 34

32. MISREPRESENTATION DURING THE LIFECYCLE OF THE CONTRACT ................................ 35

33. PREPARATION COSTS ................................................................................................ 36

34. INDEMNITY ................................................................................................................ 36

35. PRECEDENCE ............................................................................................................ 36

36. LIMITATION OF LIABILITY ............................................................................................ 36

37. TENDER DEFAULTERS AND RESTRICTED SUPPLIERS .................................................... 36

38. GOVERNING LAW ....................................................................................................... 37

39. RESPONSIBILITY FOR SUB-CONTRACTORS AND BIDDER’S PERSONNEL .......................... 37

40. CONFIDENTIALITY ...................................................................................................... 37

41. ISIMANGALISO PROPRIETARY INFORMATION ................................................................ 38

42. SUPPLIER DUE DILIGENCE .......................................................................................... 38

43. FRONTING ................................................................................................................. 39

44. GENERAL .................................................................................................................. 39

45. CORRESPONDENCE & COMMUNICATION ...................................................................... 39

STANDARD BIDDING DOCUMENTS (SBDS) ................................................................................ 41

SERVICE PROVIDER'S AGREEMENT ......................................................................................... 68

AUTHORITY TO SIGN A BID/QUOTATION ................................................................................... 76

B. SOLE PROPRIETOR (ONE - PERSON BUSINESS) ................................................................. 78

C. PARTNERSHIP ............................................................................................................... 79

D. CLOSE CORPORATION ................................................................................................... 80

GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT........................................ 81

 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

1. INTRODUCTION

The iSimangaliso Wetland Park was proclaimed a World Heritage Site by regulation published in the
Government Gazette under notice number 4477 on 24 November 2000. The Park stretches across open
seas, reefs, beaches, forests, savannahs, lakes, rivers and mountains to include all the natural wonders
that have drawn travelers and explorers to Africa for centuries. It is approximately 332 000 hectares in
size. The Indian Ocean forms the eastern boundary of the Park, which extends from the Mozambican
border in the north, to Maphelane in the south and includes the uMkhuze section in the west. The Park
traverses approximately one third of the KwaZulu-Natal coastline.

2. LEGAL, REGULATORY & INSTITUTIONAL FRAMEWORK

The Park is under the control of the iSimangaliso Authority. The iSimangaliso Authority reports to the
Minister and is mandated to implement the policies and principles of the World Heritage Convention, the
Act and the NEMPAA. The iSimangaliso Authority is listed as a Schedule 3a Public Entity under the
PFMA and is the protected area manager in terms of the NEMPAA.

The iSimangaliso Authority has entered into a Management Agreement with Ezemvelo, its day-to-day
conservation manager. There are some 93 pieces of national legislation, regulations and policies, and
international conventions regulating environment in the Park. Key legislation pertaining to this project is
the National Environmental Management Act: Integrated Coastal Management Act, 2008 (Act No 24 of
2008), National Forest Act, 1998 (Act No 84 of 1998, National Water Act, 1998 (Act No 36 of 1998),
National Environmental Management Act, 2008 (Act No 59 of 2008).

3. INTEGRATED MANAGEMENT PLAN

The iSimangaliso Authority manages the Park in accordance with an Integrated Management Plan (IMP).
The IMP provides a framework for conservation, tourism and zonation of activities allowed in the Park.
Specific Park Rules and directives are also issued from time to time by the iSimangaliso Authority.

1
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

4. PURPOSE OF THIS REQUEST FOR PROPOSAL (RFP)

iSimangaliso Wetland Park Authority was established by Regulation 1193 of 24 November 2000, under
the World Heritage Convention Act 49 of 1999. The iSimangaliso Wetland Park Authority (ïSimangaliso’)
is a Schedule 3A Public Entity, whereas its core business is to conserve and to present World Heritage
values and also responsible for empowering the historically disadvantaged communities living in and
adjacent to the Park, as well as promoting optimal tourism and related tourism development as part of its
contribution to local community land scape of King Cetshwayo, uMkhanyakude Districts Municipalities
and beyond.

Protected areas and or nature reserves referred to above are managed under very difficult circumstances
due to declining budgets, ageing personnel, lack of adequate infrastructure and mounting pressure from
communities demanding tangible economic benefits, mainly from communal reserves. The inherent
socio-economic opportunities in most of these reserves are underutilize due to lack of business acumen,
skills and financial resources, while on the other hand, there is a greater interest from private sector,
seeking investment opportunities to invest in anticipation for attractive return on investment. As an
intervention to the above situation, the entity intends to conduct feasibility of PPP tourism projects in
terms of Treasury regulations 16 to the Public Finance Management Act, 1999 (PFMA) to procure
competent private partners to invest, develop and manage commercial activities in certain on behalf of
the entity.

In compliance to the prescripts of the Treasury Tourism PPP toolkit, the entity intends to procure the
services of an experienced transaction advisor to undertake the detailed feasibility study as described in
this Terms of Reference , and therefore, invite proposals from a suitable and qualified transaction advisor
representing a team of suitably qualified and experienced financial, technical,eco-tourism, environmental
and legal advisors to assist the entity.

Reference to ‘the transaction advisor’ includes the entire advisory team, or relevant members under the
management of a single lead advisor who will enter into an Agreement with the iSimangaliso Wetland
Park Authority

2
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

The purpose of commercialization through PPP is its potential to reduce the cost-of-service delivery,
improve service levels and leveraging private capital and expertise to expand tourism products and
generate additional revenue. The objectives include:
• Creation of capitalization opportunities
• Revenue Generation.
• Loss minimization or savings on existing operations.
• Optimal use of under-performing assets.
• Job creation.
• Broad based Black Economic Empowerment.
• Infrastructure upgrades and Tourism promotion.

iSimangaliso has a number of tourism sites and the tourism sites are categorised as Tourism sites are
categorised as Brown Envelopes and Green Envelopes .
• "Brown Envelopes”- are projects that are operating, non-operating or sites on disturbed area that
does not require environmental authorization"
• "Green Envelopes” are unused and undisturbed land (Green envelopes opportunities will require
environmental authorization

5. DEFINITIONS

Bid a Bid submitted in terms of this RFP;

Bidder a person or persons or a special-purpose entity formed to represent individuals,
groups of individuals or organisations who submit(s) a Bid in terms of this RFP;

CPI the indices for consumer prices published from time to time by Statistics South
Africa applicable to each of the twelve-month periods commencing at the
commencement date of the Service Agreement and on each subsequent
anniversary of it;

IMP the Integrated Management Plan prepared in terms of the Act applicable to the
Park;

iSimangaliso the iSimangaliso Wetland Park Authority established by the Minister in terms of
Government Notice 4477 dated 24 November 2000;

3
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

RFP this request for proposals;

SBD Standard Bidding Document;

Service the service to be provided by the Service Provider.

Service Agreement the contract to be entered between the iSimangaliso Authority and the Service
Provider.

Service Fee the fee payable by the iSimangaliso Authority to the Service Provider for
performing the Services;

Specific Goals means specific goals as contemplated in section 2(1)(d) of the Act which may
(SG) include contracting with persons, or categories of persons, historically
disadvantaged by unfair discrimination on the basis of race, gender and disability
including the implementation of programmes of the Reconstruction and
Development Programme as published in Government Gazette No. 16085
dated 23 November 1994;

6. LEGISLATIVE FRAMEWORK OF THE BID

6.1. Tax Legislation

6.1.1. Bidder(s) must be compliant when submitting a proposal to iSimangaliso and remain compliant for
the entire contract term with all applicable tax legislation, including but not limited to the Income
Tax Act, 1962 (Act No. 58 of 1962) and Value Added Tax Act, 1991 (Act No. 89 of 1991).It is a
condition of this bid that the tax matters of the successful bidder be in order, or that satisfactory
arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s
tax obligations.
6.1.2. The Tax Compliance status requirements are also applicable to foreign bidders / individuals who
wish to submit bids.
6.1.3. It is a requirement that bidders grant a written confirmation when submitting this bid that SARS
may on an ongoing basis during the tenure of the contract disclose the bidder’s tax compliance
status and by submitting this bid such confirmation is deemed to have been granted.

4
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

6.1.4. iSimangaliso reserves the right to cancel a contract with a successful bidder in the event that such
bidder does not remain tax compliant for the full term of the contract.
6.1.5. Bidders are required to be registered on the Central Supplier Database and the National Treasury
shall verify the bidder’s tax compliance status through the Central Supplier Database.
6.1.6. iSimangaliso reserves the right to withdraw an award made, or cancel a contract concluded with a
successful bidder in the event that it is established that such bidder was in fact not tax compliant
at the time of the award or has submitted a fraudulent Tax Clearance Certificate to iSimangaliso,
or whose verification against the Central Supplier Database (CSD) proves non- compliant.

6.2. Procurement Legislation

6.2.1. iSimangaliso has a detailed evaluation methodology premised on Treasury Regulation 16A3
promulgated under Section 76 of the Public Finance Management Act, 1999 (Act, No. 1 of 1999),
6.2.2. The Preferential Procurement Policy Framework Act 2000 (Act, No.5 of 2000) and the Broad-
Based Black Economic Empowerment Act, 2003 (Act, No. 53 of 2003).

6.3. Technical Legislation/or Standards

6.3.1. Bidder(s) should be cognisant of the legislation and/or standards specifically applicable to the
services. The tender will be conducted in accordance with the terms of this RFP and the laws of
the Republic of South Africa.

7. TIMELINE OF THE BID PROCESS

7.1. The period of validity of tender and the withdrawal of offers, after the closing date and time is 120
days. The project timeframes of this bid are set out below:

5
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Activity Due Date

Advertisement of bid on Government e-tender portal / website 12 September 2024

/ Tender Bulletin

Written questions of clarification – closing date 07 October 2024

Bid submission closing date 14 October 2024 at 12:00 precisely

(Bidders will not be permitted to submit
their proposal after the set time)
Bidders are invited to attend a non-
compulsory public opening of tender on
the 10th of October 2024 at 12H00pm.

All dates and times in this bid are South African standard time. Any time or date in this bid is subject to
change at iSimangaliso’s discretion. The establishment of a time or date in this bid does not create an
obligation on the part of iSimangaliso to take any action or create any right in any way for any bidder to
demand that any action be taken on the date established. The bidder accepts that, if iSimangaliso extends
the deadline for bid submission (the Closing Date) for any reason, the requirements of this bid otherwise
apply equally to the extended deadline

8. CONTACT AND COMMUNICATION

8.1. A nominated official of the bidder(s) can make enquiries via email: [email protected] . No
telephonic queries will be entertained.
8.2. The delegated office of iSimangaliso may communicate with Bidder(s) where clarity is sought in the
bid proposal.
8.3. Any communication to an official or a person acting in an advisory capacity for iSimangaliso in
respect of the bid between the closing date and the award of the bid by the Bidder(s) is discouraged.
8.4. All communication between the Bidder(s) and iSimangaliso must be done in writing.
8.5. Whilst all due care has been taken in connection with the preparation of this bid, iSimangaliso makes
no representations or warranties that the content of the bid or any information communicated to or
provided to Bidder(s) during the bidding process is, or will be, accurate, current or complete.

6
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

iSimangaliso, and its employees and advisors will not be liable with respect to any information
communicated which may not be accurate, current or complete.
8.6. If Bidder(s) finds or reasonably believes it has found any discrepancy, ambiguity, error or
inconsistency in this bid or any other information provided by iSimangaliso (other than minor clerical
matters), the Bidder(s) must promptly notify iSimangaliso in writing of such discrepancy, ambiguity,
error or inconsistency in order to afford iSimangaliso an opportunity to consider what corrective
action is necessary (if any).
8.7. Any actual discrepancy, ambiguity, error or inconsistency in the bid or any other information provided
by iSimangaliso will, if possible, be corrected and provided to all Bidder(s) without attribution to the
Bidder(s) who provided the written notice.
8.8. All persons (including Bidder(s)) obtaining or receiving the bid and any other information in
connection with the Bid or the Tendering process must keep the contents of the Bid and other such
information confidential, and not disclose or use the information except as required for the purpose
of developing a proposal in response to this Bid.

9. LATE BIDS

9.1. Bids received after the closing date and time, at the address indicated in the bid documents, will not
be accepted for consideration and where practicable, be returned unopened to the Bidder(s).

10. COUNTER CONDITIONS

10.1. Bidders’ attention is drawn to the fact that amendments to any of the Bid Conditions or setting of
counter conditions by Bidders or qualifying any Bid Conditions will result in the invalidation of
such bids.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. All copyright and intellectual property rights that may result as consequences of the work to be
performed will become the property of iSimangaliso.
11.2. Service Providers must hand over all documents and information in any format, including copies
thereof, that it received from iSimangaliso or that it had access to during the assignment
immediately after completion of the assignments to iSimangaliso.

7
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

11.3. Service providers shall deliver to iSimangaliso, on completion of an assignment, any security
devices, passwords or protective mechanisms to the soft versions of documents that were written
and ISimangaliso will have the right to amend and change these without obligation whatsoever
to the service provider upon completion of the assignment.
11.4. A due diligence review may be conducted at the sole discretion of iSimangaliso at any time prior
to the awarding of the contract which may include but is not limited to conducting site visits at
bidder’s offices.
11.5. iSimangaliso promotes local production and content and for purposes of this RFP ISimangaliso
reserves the right to only consider South African Based service providers for appointment under
this RFP. .
11.6. The service provider may not cede or assign any part of its agreement with iSimangaliso nor
subcontract any part of the work assigned to them without the prior written authorisation of
iSimangaliso.
11.7. Failure to comply with any condition of this request for a proposal will invalidate respective tender
proposal.
11.8. Regular monthly written feedback must be given to the Chief Executive Officer: or his/her
nominee on all matters, pertaining to this assignment.

12. SUBMISSION OF PROPOSALS

12.1. Bid documents must be placed in the tender box. Bid documents will only be considered if
received by iSimangaliso before the closing date and time, regardless of the method used to
send or deliver such documents to iSimangaliso

Note: Bidders are requested to initial each page of the tender document on the bottom righthand corner.

13. PRESENTATION / DEMONSTRATION

13.1. iSimangaliso reserves the right to request presentations/demonstrations from the short-listed
Bidders as part of the bid evaluation process.

14. DURATION OF THE CONTRACT

8
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

14.1. The successful bidder will be appointed for a period of 60 months. Any further period will be at
the sole discretion of iSimangaliso but not exceeding 15% of the initial agreement.

15. SCOPE OF WORK

15.1. Provision Of Advisory and Operational Support In The Development And Implementation Of PPP
Project In Line With The National Treasury Toolkit. The Work Will Include:

15.1.1. PART A Conduct Pre-Feasibility & Feasibility Study

The Transaction Advisor will be required to produce a pre-feasibility and comprehensive feasibility studies
for the development and maintenance of the entity’s infrastructure using public sector comparator and
PPP reference models, as outlined in the Tourism PPP Toolkit and the PPP Manual. This must enable
the ISimangaliso to determine: This must enable the iSimangaliso to determine:
• Conditional survey and review of existing infrastructure
• Pre-feasibility study
• Feasibility Study
• full project life cycle costs
• affordability limits
• risks and their costs
• optimal value-for-money methods of delivery.

15.1.1.1. PPP Pre-Feasibility Study and Feasibility Study Deliverables

The Transaction Advisor is required to produce, in close liaison with the Project Officer, a pre-feasibility
(when required) and comprehensive feasibility studies for the Project. The pre-feasibility phase enables
iSimangaliso to determine whether a Tourism PPP project is to follow the small cap or the large cap route.
The feasibility study needs to clearly demonstrate affordability for the full project cycle and propose the
optimal value-for-money solution for iSimangaliso to achieve its desired outcomes. Both the pre-
feasibility and feasibility studies are to be conducted in compliance with National Treasury’s PPP Tourism
Toolkit and the PPP Manual available on www.treasury.gov.za

NB: iSimangaliso will indicate whether the pre-feasibility stage is required.

9
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

1. Pre-Feasibility Study Phase

The outcome of the pre-feasibility study phase of the project is to establish the indicative viability of the
project(s), and to identify specific elements that require detailed feasibility analysis. The pre-feasibility
study stage enables the institution to motivate to the National Treasury whether to direct the project to
the small cap or large cap route. Such outcome also enables iSimangaliso to motivate for exemption from
treasury approvals if certain specific requirements are met. The content of the pre-feasibility report shall
be drafted as outlined In terms of the PPP Toolkit

2. Components of the Feasibility Study Phase

In line with National Treasury’s PPP Manual, Module 4: PPP Feasibility Study, the feasibility study must
include the following:

Section 1
Needs analysis:
• Demonstrate that the project aligns with the institution’s strategic objectives and mandate – link to
innovation and change management
• Identify and analyse the available budget(s)
• Demonstrate the Institution’s commitment and capacity
• Produce the project output specifications
• Define the scope of the project
• Conditional survey assessment review of the existing building and facilities in the park, where
applicable

Section 2
Solution options analysis shall cover the following:
• Review and analyse the project’s solution options, based on the pre-planning works completed
• Benchmark and confirm that the solution option as committed by the client is the most viable and the
best option for the project
• With the above parameters set, complete the rest of this section in accordance with the PPP manual
• Recommendations

10
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Section 3
Legal Due Diligence:
The Transaction advisory team is expected to conduct a legal due diligence covering at the minimum
the topics below, as set out in the PPP Manual. Legal aspects to be considered include:
• Use rights
• Regulatory matters
• Site enablement
• Socio-economic and BBBEE

Section 4
Value assessment:
• PSC model
• Technical definition of project Discussion on costs (direct and indirect) and assumptions made on
cost estimates. Discussion on revenue (if relevant) and assumptions made on revenue estimates.
• BEE targets
• Discussion on all model assumptions made in the construction of the model, including inflation rate,
discount rate, depreciation, budgets and MTEF
• Summary of results from the base PSC model: NPV
• PPP reference
• Technical definition of project
• Discussion on costs (direct and indirect) and assumptions made on cost estimates
• Discussion on revenue (if relevant) and assumptions made on revenue estimates
• Discussion on proposed PPP type
• BEE targets
• Proposed PPP project structure and sources of funding
• Payment mechanism
• Discussion on all model assumptions made in the construction of the model including inflation rate,
discount rate, depreciation, tax, and VAT
• Summary of results from the PPP reference model: NPV
• Risk assessment – Compilation and management of risk matrix in parallel to all other processes
• Comprehensive risk matrix for all project risks
• Summary of the institution’s retained and transferable risks

11
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• The NPV of all risks (retained and transferable) to be added onto the base PSC model
• The NPV of all retained risks to be added onto the PPP reference model
• Risk-adjusted PSC model
• Summary of results: NPV
• Risk-adjusted PPP - reference
• Summary of results: NPV, key indicators
• Sensitivity analyses
• Statement of affordability
• Statement of value for money
• Recommended procurement choice
• Information verification
• Summary of documents attached in Annexure 1 to verify information found in the feasibility study
report

Section 5
Economic valuation:
• Introduction and evaluation approach
• Assumptions
• Valuation results

15.1.2. Presentation Of Feasibility Study

Both the pre-feasibility and the feasibility study, comprising all the above deliverables, must be compiled
in two separate submissions, in Word format (with relevant annexures), and delivered as both electronic
and hard copy documents. All financial models must be in Excel format, and clearly set out all
assumptions made, sensitivity analyses carried out, and model outputs. The financial models must be
sufficiently adaptable for use by others at later stages. The feasibility study must be presented with a
thorough executive summary and must be accompanied by a PowerPoint presentation that encapsulates
all the key features of the study. The executive summary and PowerPoint presentation must be compiled
in such a manner that they can be used by iSimangaliso’s management for decision-making purposes.

15.1.3. Submission Requirements for the Feasibility Study Report

12
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

If the iSimangaliso decides on a PPP procurement solution, the Transaction Advisor is required to work
with the entity to manage the procurement process for securing contracts with a private party. All this
needs to be in accordance with the systems and standards set out for PPPs in Treasury Regulation 16
and using National Treasury’s PPP Manual and Standardised PPP Provisions.

15.1.4. PART B: PPP Procurement

If, based on the feasibility study, a PPP solution is decided on, and if the iSimangaliso requires it, the
Transaction Advisor will be required to provide the necessary technical, legal, and financial advisory
support for the procurement of a private partner. This must comply with all elements of Treasury
Regulation 16 to the Public Finance Management Act (PFMA).

15.1.5. Approval And Administration Of The Bidding Process

The transaction advisor must prepare a complete set of procurement documents, complying with public
sector procurement law, policies and guidelines, and in accordance with the tendering systems of the
ISWP. The documentation must be consistent with the results of the feasibility study and enable the entity
to obtain relevant approvals.

The transaction advisor must also give the entity all the necessary drafting, bidder communication and
administrative support necessary for the entire procurement process to be conducted in accordance with
law and policy, and to the highest standards of efficiency, quality and integrity.

15.1.6. Detailed Procurement Plan

The transaction adviser will design a complete procurement plan and process based on
applicable procurement requirements, including:

• Advice on mechanisms to maximize competition while avoiding unrealistic bids and project vulnerability
from overly aggressive bidding.
• Reviewing information to be provided by the entity to bidders to manage liabilities.

Technical review, including:

• review of general functional/technical solutions.

13
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• assessment of the estimated capital and operating costs.

• review the proposals and compare them with current best practice, highlighting areas where the
proposed solutions will increase risk (and therefore price) and making suggestions for changes in
current proposals.
• Capacity of the site, and appropriateness for the technology and performance required of the Project,
• weather conditions, status of land availability, status of permissions and permits, traffic
• management and construction management constraints etc.
• service levels and operating costs
• preparation of all alignment drawings and specifications (to the extent not provided in the feasibility
study)
• review of project data, including ground conditions and geotechnics.
• review of capital cost estimates from feasibility study, benchmarking against out turn costs published
cost estimate data on other projects.
• review of operability of scheme in relation to technical specification, infrastructure, off-take demand
and required levels of output, availability and safety.
• commentary on integration with - and linkages to network
• environmental impact assessments and proposed mitigation measures.
• Designing pre-qualification and bidding procedures
• Designing key aspects of the tender procedure, for example deciding whether and to what extent to
accept variant and non-conforming bids, how many bidders must bid before the process is valid, what
rules to set in relation to the assessment of bids (scoring regimes, timing of bids and rejecting of
excessively low bids) and how to maximize competition without sacrificing quality of bids.
• Outlining tender documentation
• Outlining the PPP Agreement (including all annexes) that implements the chosen PPP approach:
• applying the risk matrix developed during the feasibility study, but updated to address all project issues
and market context,
• developing and implementing a detailed financial model and developing the contract to fit the
requirements of the model,
• explaining to the entity whether and to what extent certain provisions could be amended without
disturbing the key risk allocation goals of the iSimangaliso,
• All advice should be compliant with applicable law and consider any constraints or opportunities
associated with applicable law.

14
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• The Transaction Advisor must compile all the documentation necessary for the iSimangaliso to obtain
Treasury Approval: IIA (TA:IIA) in terms of Treasury Regulation 16 to the PFMA to enable the
procurement process to begin.
• A 2 day ‘workshop’ with the entity and the Project Team to discuss policy decisions and risk transfer
issues, followed by 1 furthermore extensive ‘workshop’ to agree final project design.
• Prepare the Value for money must be demonstrated by comparing the net present value (NPV) of the
bids received with the NPV of the PSC for the development, operation and maintenance of the entity’s
infrastructure, with a suitable adjustment for risk assumed. The results of the bidding and evaluation
of bids must be presented in a single value for-money report (with relevant annexures) that
demonstrates clearly how value for money will be achieved with the preferred bidder. The report must
clearly indicate the preferred and second-ranked bidders and provide motivations.
• The value-for-money report must be in a suitable format and of a suitable standard for the iSimangaliso
to get Treasury Approval: IIB (TA:IIB) in terms of Treasury Regulation 16 to the PFMA.

15.1.7. PPP Agreement Signature, Close-Out Report And Case Study, And Financial Closure

The transaction advisor must help the Entity with all functions related to signing the final Agreement
through to financial close. The transaction advisor must also compile a comprehensive close-out report
and case study and must incorporate any additional factors that may be required by the Entity. The close-
out report will be a confidential document of the Entity. The case study will become a public document,
made available on various government websites.

The transaction advisor must, in close liaison with the Entity, draft a comprehensive PPP management
plan for the Entity, in accordance with the provisions of the PPP Agreement, to help the Entity in the
management of the Project and its risks, rights and obligations after financial close. The management
plan will be delivered no later than 20 days before financial close. This will be followed by a 5 day
‘workshop’ with Entity project team to discuss project implementation and management of Entity rights
and obligations over the term of the Project, followed by 1 further ‘workshop’ as follow-up. Financial
closure signifies that all the procurement deliverables have been successfully completed, and that the
transaction advisor's work is finished, if applicable.

15.2. PROJECT FUND RAISING

15
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

iSimangaliso seeks to explore funding opportunities and raise funds to finance the development,
operation and maintenance of the entity’s infrastructure. Community owned projects also need funding
to sustain local enterprises adjacent to the park. In light thereof, the service provider shall submit a sound
project fund-raising proposal to finance the project.

The service provider will be expected to develop funding proposals in consultation with iSimangaliso and
according to the requirements of the appropriate funding authority, upon approval of the fundraising plan;
and Developing and submitting proposals and applications to prospective investors, funders and donors,
and assisting with deal structuring and execution of the financing option in line with the iSimangaliso
needs and priorities.

iSimangaliso intends to appoint the consultant(s) at risk using the success-based fee approach, as a
percentage of the total funds raised (Incl. VAT)

15.3. DEVELOPMENT OF THE FINANCIAL STRUCTURE FOR PARTICIPANTS

The projects are envisaged and planned to empower communities in and around the iSimangaliso
Wetland Park. The transaction advisor shall develop a financial structure to benefit the participants.

16. THE SKILLS AND EXPERIENCE

The skills and experience required for the Transactional Advisors are as follows:
• Technical expertise: relevant expertise in planning, design, development/upgrade, operation and
maintenance of facilities. Expertise in Green/sustainable development facilities shall receive
preference in line with the iSimangaliso Wetland Park’s preservation of biodiversity and conservation,
environmental protection and promotion of Tourism.
• Financial expertise, with relevant PPP and project finance experience or other demonstrable relevant
experience.
• PPP procurement and structuring or other demonstrable experience.
• Legal expertise: with relevant South African experience in the drafting and negotiating of PPP
agreements and relevant recourse on Project Finance experience:
o Negotiations;
o Contract management
• Serviced working environment planning management;

16
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• Serviced working environment facilities management;

• Broad Based Black Economic Empowerment Expertise: BBBEE expertise with relevant PPP
experience;
• Understanding of the PPP Toolkit for Tourism
• Understanding of the National Treasury’s PPP Manual
• Quality Assurance and Compliance of PPP project activities in terms of the relevant
legislation/regulations
• Project Fund Raising
• Financial Structuring
• Project management;
• Environmental Impact Assessment and heritage expertise

17. REMUNERATION SCHEDULE AND DISBURSEMENT ARRANGEMENTS

17.1. Remuneration Conditions

a) The Transaction Advisor shall be remunerated as and when they complete milestones of the project
on a monthly/quarterly basis or as and when the main activities are concluded.
b) The fee charged will be on an hourly rate (including VAT) for the work done by the consortium
members as indicated in the contract/SLA.
c) All services and deliverables rendered are to be approved by the entity in terms of the SLA/contract
prior to payment.
d) The successful consortium is expected to have their own office. However, the entity may provide
satellite office space for the use of the consortium team for convenience to enable the implementation
of the contract.
e) Remuneration of the consortium who are payable in South African rands is inclusive of VAT upon
submission of a valid tax invoice in accordance with the contract/SLA.
f) iSimangaliso intends to appoint the consultant(s) at risk using the success-based fee approach, as a
percentage of the total funds raised (Incl. VAT)

17.2. Disbursement arrangements

17
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Out-of-pocket expenses will be paid at cost within an agreed ceiling. All claims for travel and other
legitimate disbursement expenditure must be pre-approved by the Project Officer, in advance of being
incurred. Where applicable pre-approved project expenditure costs, expenditure in respect of document
reproduction or any other legitimate project disbursement expenditure will be reimbursed at cost within
thirty (30) days of receipt of approved and substantiated invoices and does not form part of the
remuneration schedule.

18. MANAGEMENT OF TRANSACTION ADVISOR

a) The Transaction Advisor will be appointed by the Entity and will report directly to the Project Officer.
A project officer has been appointed by the Entity to take full responsibility for managing the
transaction advisor's work and for ensuring delivery on the project.
b) The project officer has established a project team to engage regularly with the transaction advisor for
efficiently completing the various delivery items. The project team will meet at least monthly and the
transaction advisor will report progress at these meetings, as instructed by the project officer.
c) Prior to undertaking work the Project Budget and activity plan with timelines and milestones must be
approved by the Accounting Officer.
d) The project officer will confirm that the transaction advisor has satisfactorily completed each
deliverable before invoices can be submitted to the Entity for payment.
e) The transaction advisor shall submit Interim Reports each two weeks describing progress of work,
updated work schedule, and any key constraints encountered by the transaction advisor in the
performance of the activities.

19. BID SUBMISSION REQUIREMENTS

Bidders are required to submit their proposals in TWO envelopes, in the following format:

ENVELOPE 1 marked with the name of the Transaction Advisor and titled: TECHNICAL
PROPOSAL: “PROCUREMENT OF TRANSACTION ADVISORY SERVICES TO CONDUCT A PPP
PROJECT PRE-FEASIBILITY, FEASIBILITY STUDY, FUNDRAISING AND PARTICIPANT
FINANCIAL STRUCTURING FOR A PERIOD OF 60 MONTHS FOR A PERIOD OF 60 MONTHS”
This envelope (envelope 1) must contain at least the following:

A covering letter signed by the Lead Advisor, with the following information among others:

18
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• a clear indication of the Lead Advisor (the entity that will contract with iSIMANGALISO and will be held
accountable, in terms of the TA contract,
• for ensuring project deliverables and for the professional conduct and integrity of the team (Technical
Advisor, Financial Advisor, and Legal Advisor and BBBEE Advisor).
• full contact details for the Lead Advisor
• acceptance of the rules of bidding, evaluation of bids, and bid evaluation criteria set out in the terms
of reference
• Consortium Agreement of the TA team, where applicable names and profiles of all firms forming part
of the TA Team setting out the following:
o Key areas of expertise/specialisation
o Role in the TA team
o List of projects (relevant to this assignment) undertaken by each firm and details including project
name, project description, client, role in the project and deliverables, project value, project stage (e.g.
inception, feasibility, procurement, etc.) start and completion dates, key highlights and successes;
amongst others.
• Names of all proposed team members, and their firms, setting out the following:
o the professional role that each person will play in the assignment. This must be cross referenced to
each deliverable and to each specified technical evaluation element set out in the technical scorecard.
o suitability of each person for the proposed roles in terms of his or her relevant skills and experience
o the availability to perform the work
o A résumé /profile of each person highlighting responsibilities held for experience relevant to this
assignment.
o Summary of the percentage of black South African professionals on the team, clearly showing the
roles will play in providing the advisory services.
o the number and percentage of black professionals playing leading roles in the advisor consortium.
o demonstrated understanding of skill and experience within the team on concluding effective black
participation in PPPs.

For purposes of Preference Points, Bidders are required to submit information requested in Column B in
the Table below. Bidders who fail to provide the required information will be allocated a zero (0) in the
Preference Points

19
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

A B
Maximum Scoring Weighting Points evaluation –
Specific Goals
1. The percentage of Black Professionals and • Name of the individuals
their roles in the Transaction Advisory team
• Role
Total % of Black Professionals in the Project
Team
2. The percentage of Black Professional • Name of the individuals
Women and their roles in the Transaction • Role
Advisory team
Total % of Black Women in the Project Team
3. The number of trainee graduates/young Black • Name of individuals
professionals (e.g. Candidate Attorneys, • Role played by each individual
graduates doing Articles, Candidate Engineers, • Total number within the Team
etc. as applicable in respective professions) as N.B. Youth refers to individuals up to age of 35
percentage of the whole
Transaction Advisory team
4. The percentage of project cash flow to Black • Fees to black professionals as a % of Total
professionals, if applicable Transaction Advisor fee, if applicable
Provide a comprehensive plan indicating the
5. A credible plan for skills transfer within the
following:
team. The plan must have identified individuals,
the areas of development or skills transfer, the • Identified individuals
timing linked to the project and anticipated
• Specified areas of development
outcome
Outcomes - List envisaged skills to be acquired

The Project team structure must indicate individuals and their respective roles in the project per stream
i.e.:
o Project Leader – the individual from the Lead Advisor, who will be responsible for leading the team
and coordinating work of the three streams. All deliverables to the Client must be signed off by the
Project Leader.
o Stream Leads – Leaders of each stream (Technical, Finance, Legal and BBBEE)
o Key Support Staff – These are the resources that possess key skills required in each stream; whose
CVs must be submitted for evaluation purposes (minimum of three CVs for Technical, Finance and
Legal Streams);

Project comprehension and project management plan, setting out:

20
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

o The Transaction Advisor’s understanding of the Terms of Reference, and any proposals for
amendments to the Terms of Reference that would enhance desired outcomes;
o How the Transaction Advisor proposes to manage the set of deliverables outlined in the Terms of
Reference;
o A proposed outline Work Plan with time-table for delivery;
o The suitability of each person in the team for the proposed roles in terms of their relevant skills and
experience cross referenced to each deliverable in the Terms of Reference
o The availability of each person to perform the work
o How the Advisory team members will be supervised;
o How interaction with the various streams will take place;
o Any innovative ideas for how the whole assignment can best achieve its objectives.

The technical proposal must be compiled following the sequence below, each section and separated by
clearly labelled tabs:

Information Required as Part of the Technical Proposal

1. PROJECT LEADER
(from the Lead Advisor)

2 TECHNICAL ADVISOR
2.1 Technical Lead
2.2 Lead Technical Advisory Firm

3. FINANCIAL ADVISOR
3.1 Financial Lead
3.2 Lead Financial Advisory Firm

4. LEGAL ADVISOR
3.1 Legal Lead
3.2 Legal Advisory Firm

21
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

5. BBBEE ADVISOR
BEE Lead
BEE Advisory Firm

6 FUNDRAISING EXPERTISE

7. FINANCIAL STRUCTURING FOR PARTICIPANTS

9. PROJECT TEAM STRUCTURE

10. QUALITY OF PROJECT COMPREHENSION DEMONSTRATED IN PROPOSALS

The technical proposal must include the following documents, which must be compiled and packaged in
the order as per Table 4 above:

o CVs for the Project Leader, CVs for Stream Leads, key support project team members and profile of
each advisory firm; arranged per stream. All CVs must be submitted.
o Bidders must ensure that CVs are signed by respective individuals confirming that he/she is available
for this project and their CVs are not included in bids from other service providers. A CV appearing in
more than one bid will be disqualified i.e. it will not be evaluated.
o A project team structure/organogram clearly indicating the Project Leader, Stream Leads and key
support project team members per stream, with the proposed role of each resource clearly described.

Information for each project team member must be packaged in the following sequence – CV,
Qualifications and ID copy.

o Certified copies of educational qualifications, professional registration certificates where applicable,

SAQA accreditation certificates for qualifications obtained in foreign tertiary institutions and identity
documents are required for each CV submitted. Copies of Id’s and qualifications must be certified.
o The identified key support project team members for Finance and Legal streams must be limited to 3
for evaluation purposes. You are required to indicate the three support team members that should be
considered for evaluation. If a bidder submits more than three CVs and/or fail to indicate CVs that

22
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

should be considered for evaluation; the Bid Evaluation Committee will evaluate the first three CVs of
support members in the original bid document.
o Key project team members for the technical stream should comprise only one individual for each of
the technical disciplines identified by the bidder (e.g. Architecture, Quantity Surveying, Structural
Engineering, Facilities Management, etc.)

NB: The Technical Envelope must not include any Financial proposals

Envelope 2 marked with the name of the Transaction Advisor and titled: FINANCIAL
PROPOSAL: “PROCUREMENT OF TRANSACTION ADVISORY SERVICES TO CONDUCT A PPP
PROJECT PRE-FEASIBILITY, FEASIBILITY STUDY, FUNDRAISING AND PARTICIPANT
FINANCIAL STRUCTURING FOR A PERIOD OF 60 MONTHS "

In submitting your price proposal, you are required to adhere to SBD 3.3 - Pricing Schedule attached.

a) Remuneration of the Transaction Advisor will be payable in Rands, on a fixed hourly rate for each
consortium member, corresponding to the pre-feasibility study, feasibility study and procurement stages
of the project cycle.
b) Procurement portion of the work may or may not transpire at the end of the feasibility study and should
be costed accordingly.
c) Out-of-pocket expenses/disbursements will be paid by the Client at cost within an agreed ceiling. Bidders
are required to propose a ceiling for such disbursements, which will not be evaluated as part of the prize
proposal. All claims for travel and other legitimate disbursement expenditure must be pre-approved by
the Project Officer before they are incurred. An email system for these approvals will be set up when the
Transaction Advisor contract is signed. Other legitimate project costs will be reimbursed at cost. Payment
will be made within 30 days of the client receiving approved and substantiated invoices.

Proposed remuneration for professional fees:

o A remuneration proposal, based on an hourly rate charge (inclusive of VAT)

o VAT must be specified separately as a total for each of Phases 1 Pre-feasibility, Phase 2: Feasibility
and Phase 3: Procurement.
o While VAT will be paid pro-rata for each delivery item in each Phase of the assignment, it should be
indicated as a total sum per Phase for purposes of this submission.

23
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

20. EVALUATION AND SELECTION CRITERIA

The technical proposal will be evaluated as per the criteria in the Table below. Bidders must ensure that
all required information is included in their bid as per Submission Requirements. iSimangaliso may
require clarification meetings as part of the evaluation of the submitted bids.

Non-compliant CVs submitted for evaluation purposes will be assessed as follows:

o An unsigned CV for a proposed resource will not get points i.e. A score of zero (0) will be assigned
for both qualifications and experience in the evaluation criteria table.
o A CV for a proposed resource not accompanied by required qualifications or a certified copy of SAQA
accreditation certificate (for qualifications obtained from foreign institutions i.e. proof that the
qualification obtained from a foreign institution is on par with South African NQF Levels) will be
assigned a score of 0 (zero) in the evaluation criteria table for qualifications. The recommended bidder
will be required to provide a certified copy of the SAQA Certificate within 7 days as a condition of
appointment.
o Bidders must comply with all South African laws; including the Immigration Act 13 of 2002 (as
amended) and Employment Services Act. It is the responsibility of the Bidder to ensure that their
proposed resources are in South Africa legally and have valid work permits in compliance with the
laws of South Africa; including the Immigration Act.
o Prior to appointment, the recommended bidder may be required to submit additional supporting
documentation for individuals forming part of the project team for verification purposes.
o Failure to adhere to the above requirements i.e. misrepresentation and/or non-submission of the
required documentation may lead to a disqualification or termination of the contract with the appointed
service provider at any stage of the implementation.

21. PRE-QUALIFICATION REQUIREMENTS

In addition to checking the completeness of the document in terms of compliance with the requirements
of the RFP the following will also apply as pre-qualification requirements:

Document to be submitted Tick Non-Submission may result in disqualification.

24
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Submission of documents as per RFP Envelope 1 must include all the documents as per
Requirements: Envelope 1 and Envelope 2 the instructions of the RFP
Envelope 2 must include all the documents as per
the instructions of the RFP.
Tax Status the bidder’s tax compliance status:
Valid SARs Tax Pin

SBDs All attached SBDs fully completed, signed, and

initialed.

Company Resolution or Authority to Sign Company Resolution or Authority to Sign

Bid or Quotation Bids/Quotations.

Service Provider’s Agreement Service Provider’s Agreement dully completed,

signed and initialed.

Registration on Central Supplier Database The Legal Company must be registered as a service
(CSD provider on the Central Supplier Database (CSD). If
you are not registered proceed to complete the
registration of your company prior to submitting your
proposal. Visit https://secure.csd.gov.za/ to obtain
your vendor number.
Submit Full Registration Report (Not Summary).
Submission of Company Profile Complete company profile indicating bidders
contact details, office address and services
rendered.
Pricing Proposal Pricing proposal with rates per hour. (bidders may
provide separate pricing schedule)

25
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

22. TECHNICAL EVALUATION CRITERIA

All certificates must be certified, and certification should not be older than six months.
TOTAL
CRITERIA SCORING WEIGHT
SCORE
1. PROJECT LEADER 30
(from the Lead Advisor)
a) Qualifications 15
• Academic qualifications of the 15=Masters/CA/CFA/CPA
Project Lead: Qualification in and above relevant
Project Management/ qualification
Management/Administration or any 10= Honours
other relevant management field Degree/Relevant
accompanied by relevant Qualification
experience in leading PPP Projects 5 = Degree/ relevant
or related projects of similar nature, qualification
magnitude and complexity 3= National Diploma
• CA/CFA/CPA or similar 0 = Irrelevant Qualifications
qualification or non-submission of
certified copy of
Qualifications and/or SAQA
certificate
b) Skills and Experience 15
• PPP Projects leadership- 15= 20 years and above
Experience in project
management and leading a
multidisciplinary team 10= 10- 19 years
• PPP Team coordination and
management- Proven
experience in coordinating 5= 1- 9 years
work of the entire transaction
advisory team
• Proven experience in 0 -Information required not
corporate finance and deal provided, incomplete or
structuring
• Experience in development of does not provide adequate
fundable business plans information required for

26
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• Proven Track record in leading evaluation purposes or no

complex projects
experience
• Provide a list of projects where
the resource played a leading
role in projects
• Provide a list of PPP project/s
undertaken and amounts
• List of all relevant projects and
role played must be included
in the CV
• Highlight projects undertaken
in the past 20 years (Refer to
CV Annexures A)

2. COMPANY EXPERIENCE 30
2.1 PPP Projects undertaken 10= 3 PPP projects and 10
above
5= 2 PPP projects
2= 1 PPP project
0= no projects undertaken,
or evidence provided
Private equity and Investor 10= 3 x Reference letters 10
mobilisation and fund raising and above
5= 2 x Reference letters
2= 1 x Reference letter
0= no projects undertaken,
or evidence provided
Large scale community 10= 3 x Reference letters 10
engagement and above
5= 2 x Reference letters
2= 1 x Reference letter
0= no projects undertaken,
or evidence provided
3. PROPOSAL 40
The proposal must demonstrate 40= – A comprehensive 40
the following : project proposal covering
• Understanding of the terms of
reference in relation to the

27
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

specified Transaction Advisory the four requirements listed

scope of work for this project.
and scope of work.
• Quality assurance/compliance
measures in accordance with 30= A relevant project
prescribed
legislative/regulatory proposal covering the scope
requirements of work and at least 3
• Proposed work plan, project
requirements listed.
management approach and
timetable for the project must 20 = The proposal covers
demonstrate understanding of
project deliverables. two listed requirements
• Proposal demonstrate bidder’s 10 = The Proposal covers
excellent capacity and
involvement to raise project only one of the listed items
funding. and scope of work . The
project proposal is not
adequate
0= The proposal is irrelevant
and does not cover the listed
requirements and scope of
work.
TOTAL 100

22.1. Stage 1 – Price Evaluation (80/90 Points)

Criteria Points
Price Evaluation
 Pt − P min  80/90
1 − 
Ps = 80/90  P min 

The following formula will be used to calculate the points for price:
Where
Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid

28
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Specific Goal Evaluation (10/20 Points)

Special goals Points allocation
• A maximum of 10/20 points may be allocated to a bidder for attaining their special goals status level
of contributor in accordance with the table below:

Specific Goals Status Number of Points Number of Points Proof of Specific Goal.
Level of Contributor (80/20) (90/10)
Minimum 51% Black 4 02 CSD full report, Company
Ownership Registration Certificate, or
Director’s ID Copy
Minimum 51% Youth 4 02 CSD full report, Company
Ownership Registration Certificate, or
Director’s ID Copy
Minimum 51% Women 4 02 Proof of Residence or CSD
Ownership or Company Registration
Certificate.
Locally registered 4 02 CSD full report, Company
Company within King Registration Certificate, or
Cetshwayo and Director’s ID Copy
uMkhanyakude
Districts Municipalities
Minimum 51% 4 02 CSD full report, Company
Ownership by people Registration Certificate, or
living with disabilities Director’s ID Copy and
Director’s Medical
Certificate or Medical
Report.

Price Evaluation
Basis of competition:
• iSimangaliso compares each bidder’s pricing proposal on an equal and fair comparison basis that is
equitable to all bidders taking into account all aspects of the bids pricing requirements.

29
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• iSimangaliso conducts fair market-related pricing tests to arrive at an opinion of reasonableness of

the bid price offered.
• Due diligence tests for reasonableness of price:
o iSimangaliso conducts fair market-related pricing tests to arrive at an opinion of reasonableness of
the bid price offered. Where these tests reflect defective pricing or pricing outside of the fair market-
related price range, the evaluators will recommend price negotiation with the winning bidder to bring
the price within the fair market-related price range as tested.
o Where the winning bidder does not want to participate in the price negotiation or provide a fair
marketrelated price, iSimangaliso cancels the award and commences price negotiations with the
second bidder in the price/preference ranking.

• Ranking of the bidders pricing:

o iSimangaliso ranks the qualifying bids on price and preference points claimed in the following
manner:
o Price – for bids qualifying for this stage, the lowest priced Bid receives the highest price score as set
out in the Preferential Procurement Regulations of 2022;
o Preference - for bids qualifying for this stage, addition of the claimed preference points in the
preference claim form (SBD6.1) where supported by supporting document to the price ranking
scores

• Award recommendation:
o iSimangaliso nominates the bidder with the highest combined score for the contract award subject
to the bidder having supplied the relevant administrative documentation.

Price and specific goal Evaluation (80/90+20/10) = 100 points

1. Only Bidders that have met the 75-point threshold in Stage 1 will be evaluated in Stage 2 for price
and Specific Goals. Price and specific goal will be evaluated as follows:
2. In terms of regulation 6 of the Preferential Procurement Regulation pertaining to the Preferential
Procurement Policy Framework Act, 2000 (Act 5 of 2000), responsive bids will be adjudicated on
the 80/10-preference point system in terms of which points are awarded to bidders on the basis
of:
• The bid price (maximum 80/90 points)

30
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

• Specific goal for the contribution (maximum 20/10 points)

23. SCORING METHODOLOGY

• Each panel member will rate each individual criterion on the score sheet using the points guidelines
indicated in the TOR scoring criteria.
• Individual value scores will be added to obtain the points scored for all elements. These points will
be added and averaged according to the number of panel members. Only bidders that have met or
exceeded the minimum threshold as stipulated in the TOR for desktop evaluation will be evaluated
and scored in terms of pricing and specific goals.

24. MANDATORY REQUIREMENTS

24.1. Bidders must submit copies of identity documents of directors or shareholders of the company
who will be responsible for this project with the bid documents at the closing date and time of
the bid. Failure to do so may result in the disqualification of your bid.
24.2. SCM SBD 3.3 pricing schedule/financial proposal must be submitted before the closing date of
the bid in a separate sealed envelope marked “pricing schedule/price proposal”. Failure to
comply with this requirement will result in disqualification of your bid.
24.3. Failure to adhere to any of these requirements will result in disqualification:
24.4. Bidders must submit copies of identity documents of directors or shareholders of the company
who will be responsible for this project with the bid documents at the closing date and time of
the bid. Failure to do so may result in the disqualification of your bid. \
24.5. Bidders must submit the required information as prescribed in Annexures A (CV Template) and
Annexure B (Company Profile Proforma Template). CVs and the required Company information
not submitted in the prescribed templates will be rejected and not be considered for evaluation.
24.6. CVs unsigned by the respective individuals as well as CVs submitted in more than one bid will
be rejected and not be considered for evaluation.
24.7. SCM SBD 3.3 pricing schedule/financial proposal must be submitted in the provided template
(Annexure C) before the closing date of the bid in a separate sealed envelope marked “pricing
schedule/price proposal”. Failure to comply with this requirement will result in disqualification of
your bid.

31
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

24.8. Standard bidding document (SBD) forms: (SBD 1, SBD 3, SBD 4 and SBD 6.1) must be
submitted and fully completed. A bid will be disqualified if any of the SBD forms are not
submitted, incomplete or information provided found not to be true in every respect.

25. COMPANY PROFILE

Submission of Company Profile- the company’s profile shall inter alia include a short history of the similar
work done, The Company profile confirming premises from which the firm conducts its business and must
include information on the availability of e-mail access, telephone facilities, printing facilities, and
information on support staff employed by the firm. The Company profile to also indicate: -

a) the controls in place to ensure that conflict of interest will be managed effectively and to the best
interest of iSimangaliso;
b) any value-added services that the bidder may be in a position to offer iSimangaliso; and
c) How the bidder will assist iSimangaliso in achieving the objective to promote participation of Black
firms and Black professionals through its services.

26. SERVICE PROVIDER CONTRACT

26.1. Any award made to a bidder(s) under this bid is conditional, amongst others, upon –

• The bidder(s) accepting the terms and conditions contained in the Service Provider Contract as the
minimum terms and conditions upon which iSimangaliso is prepared to enter into a contract with the
successful Bidder(s).
• The bidder submitting the Service Provider Contract to iSimangaliso together with its bid, duly signed
by the authorized representative of the bidder.

27. CONTRACT PRICE ADJUSTMENT

27.1. Contract price adjustments will be done annually on the anniversary of the contract start date.
The price adjustment will be based on the CPI inflation, where applicable.

28. SERVICE LEVEL AGREEMENT

32
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

28.1. Upon award iSimangaliso and the successful bidder will conclude a Service Level Agreement
regulating the specific terms and conditions applicable to the services being procured by
iSimangaliso, in the format of the draft Service Level Indicators included in this tender pack.
28.2. iSimangaliso reserves the right to vary the proposed draft Service Level Indicators during
negotiations with a bidder by amending or adding thereto.
28.3. Bidder(s) are requested to:
• Comment on draft Service Level Indicators and where necessary, make proposals to the
indicators;
• Explain each comment and/or amendment; and
• Use an easily identifiable colour font or “track changes” for all changes and/or amendments to
the Service Level Indicators for ease of reference.
28.4. iSimangaliso reserves the right to accept or reject any or all amendments or additions proposed
by a bidder if such amendments or additions are unacceptable to iSimangaliso or pose a risk to
the organization.

29. SPECIAL CONDITIONS OF THIS BID

29.1. iSimangaliso reserves the right:

29.1.1. To award this tender to a bidder that did not score the highest total number of points, only in
accordance with section 2(1)(f) of the PPPFA (Act 5 of 2000)
29.1.2. To negotiate with one or more preferred bidder(s) identified in the evaluation process, regarding
any terms and conditions, including price without offering the same opportunity to any other
bidder(s) who has not been awarded the status of the preferred bidder(s).
29.1.3. To accept part of a tender rather than the whole tender.
29.1.4. To carry out site inspections, product evaluations or explanatory meetings to verify the nature
and quality of the services offered by the bidder(s), whether before or after adjudication of the
Bid.
29.1.5. To correct any mistakes at any stage of the tender that may have been in the Bid documents or
occurred at any stage of the tender process.
29.1.6. To cancel and/or terminate the tender process at any stage, including after the Closing Date
and/or after presentations have been made, and/or after tenders have been evaluated and/or
after the preferred bidder(s) have been notified of their status as such.
29.1.7. Award to multiple bidders based either on size or geographic considerations.

33
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

29.1.8. All proposed consultancy rates may not exceed the applicable rates based on the National
Treasury, DPSA fees guidelines and/or any remuneration guidelines issued by the professional
service organisation or regulatory bodies as may be relevant.
29.1.9. Bidders to ensure that traveling costs are based on Department of Transport rates and/or any
iSimangaliso policy.

30. ISIMANGALISO REQUIRES BIDDER(S) TO DECLARE

30.1. In the Bidder’s Technical response, bidder(s) are required to declare the following: Confirm that
the bidder(s) is to: –
30.1.1. Act honestly, fairly, and with due skill, care and diligence, in the interests of iSimangaliso;
30.1.2. Have and employ effectively the resources, procedures and appropriate technological systems
for the proper performance of the services;
30.1.3. Act with circumspection and treat iSimangaliso fairly in a situation of conflicting interests;
30.1.4. Comply with all applicable statutory or common law requirements applicable to the conduct of
business;
30.1.5. Make adequate disclosures of relevant material information including disclosures of actual or
potential own interests, in relation to dealings with iSimangaliso;
30.1.6. Avoidance of fraudulent and misleading advertising, canvassing and marketing;
30.1.7. To conduct their business activities with transparency and consistently uphold the interests and
needs of iSimangaliso as a client before any other consideration; and
30.1.8. To ensure that any information acquired by the bidder(s) from iSimangaliso will not be used or
disclosed unless the written consent of the client has been obtained to do so.

31. CONFLICT OF INTEREST, CORRUPTION AND FRAUD

31.1. iSimangaliso reserves its right to disqualify any bidder who either itself or any of whose members
(save for such members who hold a minority interest in the bidder through shares listed on any
recognised stock exchange), indirect members (being any person or entity who indirectly holds
at least a 15% interest in the bidder other than in the context of shares listed on a recognised
stock exchange), directors or members of senior management, whether in respect of
iSimangaliso or any other government organ or entity and whether from the Republic of South
Africa or otherwise ("Government Entity"):

34
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

31.1.1. engages in any collusive tendering, anti-competitive conduct, or any other similar conduct,
including but not limited to any collusion with any other bidder in respect of the subject matter of
this bid;
31.1.2. seeks any assistance, other than assistance officially provided by a Government Entity, from any
employee, advisor or other representative of a Government Entity in order to obtain any
31.1.3. unlawful advantage in relation to procurement or services provided or to be provided to a
Government Entity;
31.1.4. makes or offers any gift, gratuity, anything of value or other inducement, whether lawful or
unlawful, to any of iSimangaliso’s officers, directors, employees, advisors or other
representatives;
31.1.5. makes or offers any gift, gratuity, anything of any value or other inducement, to any Government
Entity's officers, directors, employees, advisors or other representatives in order to obtain any
unlawful advantage in relation to procurement or services provided or to be provided to a
Government Entity;
31.1.6. accepts anything of value or an inducement that would or may provide financial gain, advantage
or benefit in relation to procurement or services provided or to be provided to a Government
Entity;
31.1.7. pays or agrees to pay to any person any fee, commission, percentage, brokerage fee, gift or any
other consideration, that is contingent upon or results from, the award of any tender, contract,
right or entitlement which is in any way related to procurement or the rendering of any services
to a Government Entity;
31.1.8. has in the past engaged in any matter referred to above; or
31.1.9. has been found guilty in a court of law on charges of fraud and/or forgery, regardless of whether
or not a prison term was imposed and despite such bidder, member or director’s name not
specifically appearing on the List of Tender Defaulters kept at National Treasury.

32. MISREPRESENTATION DURING THE LIFECYCLE OF THE CONTRACT

32.1. The bidder should note that the terms of its Tender will be incorporated in the proposed contract
by reference and that iSimangaliso relies upon the bidder’s Tender as a material representation
in making an award to a successful bidder and in concluding an agreement with the bidder.
32.2. It follows therefore that misrepresentations in a Tender may give rise to service termination and
a claim by iSimangaliso against the bidder notwithstanding the conclusion of the Service Level
Agreement between iSimangaliso and the bidder for the provision of the Service in question.

35
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

32.3. In the event of a conflict between the bidder’s proposal and the Service Level Agreement
concluded between the parties, the Service Level Agreement will prevail.

33. PREPARATION COSTS

33.1. The Bidder will bear all its costs in preparing, submitting and presenting any response or Tender
to this bid and all other costs incurred by it throughout the bid process. Furthermore, no statement
in this bid will be construed as placing iSimangaliso, its employees or agents under any obligation
whatsoever, including in respect of costs, expenses or losses incurred by the bidder(s) in the
preparation of their response to this bid.

34. INDEMNITY

34.1. If a bidder breaches the conditions of this bid and, as a result of that breach, iSimangaliso incurs
costs or damages (including, without limitation, the cost of any investigations, procedural
impairment, repetition of all or part of the bid process and/or enforcement of intellectual property
rights or confidentiality obligations), then the bidder indemnifies and holds iSimangaliso harmless
from any and all such costs which iSimangaliso may incur and for any damages or losses
iSimangaliso may suffer.

35. PRECEDENCE
35.1. This document will prevail over any information provided during any briefing session whether oral
or written, unless such written information provided, expressly amends this document by
reference.

36. LIMITATION OF LIABILITY

36.1. A bidder participates in this bid process entirely at its own risk and cost. iSimangaliso shall not
be liable to compensate a bidder on any grounds whatsoever for any costs incurred or any
damages suffered because of the Bidder’s participation in this Bid process.

37. TENDER DEFAULTERS AND RESTRICTED SUPPLIERS

36
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

37.1. No tender shall be awarded to a bidder whose name (or any of its members, directors, partners
or trustees) appear on the Register of Tender Defaulters kept by National Treasury, or who have
been placed on National Treasury’s List of Restricted Suppliers. iSimangaliso reserves the right
to withdraw an award, or cancel a contract concluded with a Bidder should it be established, at
any time, that a bidder has been blacklisted with National Treasury by another government
institution.

38. GOVERNING LAW

38.1. South African law governs this bid and the bid response process. The bidder agrees to submit to
the exclusive jurisdiction of the South African courts in any dispute of any kind that may arise out
of or in connection with the subject matter of this bid, the bid itself and all processes associated
with the bid.

39. RESPONSIBILITY FOR SUB-CONTRACTORS AND BIDDER’S PERSONNEL

39.1. A bidder is responsible for ensuring that its personnel (including agents, officers, directors,
employees, advisors and other representatives), its sub-contractors (if any) and personnel of its
sub-contractors comply with all terms and conditions of this bid. In the event that iSimangaliso
allows a bidder to make use of sub-contractors, such sub-contractors will at all times remain the
responsibility of the bidder and iSimangaliso will not under any circumstances be liable for any
losses or damages incurred by or caused by such sub-contractors.

40. CONFIDENTIALITY

40.1. Except as may be required by operation of law, by a court or by a regulatory authority having
appropriate jurisdiction, no information contained in or relating to this bid or a bidder’s tender(s)
will be disclosed by any bidder or other person not officially involved with iSimangaliso’s
examination and evaluation of a Tender.
40.2. No part of the bid may be distributed, reproduced, stored or transmitted, in any form or by any
means, electronic, photocopying, recording or otherwise, in whole or in part except for the
purpose of preparing a Tender. This bid and any other documents supplied by iSimangaliso
remain proprietary to iSimangaliso and must be promptly returned to iSimangaliso upon request

37
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

together with all copies, electronic versions, excerpts or summaries thereof or work derived there
from.
40.3. Throughout this bid process and thereafter, bidder(s) must secure iSimangaliso’s written
approval prior to the release of any information that pertains to (i) the potential work or activities
to which this bid relates; or (ii) the process which follows this bid. Failure to adhere to this
requirement may result in disqualification from the bid process and civil action.
40.4. The preferred bidder will be required to sign confidentiality and/or indemnity agreements with
iSimangaliso
40.5. The preferred bidder undertakes, at any time during the term of its appointment and after any
termination or cancellation thereof, directly or indirectly disclose, or directly or indirectly use,
whether for its own benefit or that of any other person any confidential information of iSimangaliso
including that of or any information relating to its clients, customers, suppliers, donors, sponsors
or agents.

41. iSIMANGALISO PROPRIETARY INFORMATION

41.1. Bidders will on their bid cover letter make declaration that they did not have access to any
iSimangaliso proprietary information or any other matter that may have unfairly placed that bidder
in a preferential position in relation to any of the other bidder(s).

42. SUPPLIER DUE DILIGENCE

42.1. iSimangaliso reserves the right to conduct supplier due diligence prior to final award or at any
time during the contract period. This may include but is not limited to conducting site visits at the
bidder’s corporate offices and requests for additional information.
42.2. The Bidder is responsible for its own due diligence investigation in connection with the Service
and all matters relating to this RFP. Neither iSimangaliso nor any of its officers, employees,
agents or advisers make any representation or warranty, express or implied, concerning any
matter affecting.
42.3. The Service, other than the representations and undertakings of iSimangaliso Authority set out
in the Service Agreement.
42.4. It is iSimangaliso objective to promote the participation of historically disadvantaged
professionals through its service providers.

38
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

42.5. Bidders are requested to indicate in their proposals how they will assist iSimangaliso in achieving
this objective.

43. FRONTING

43.1. Government supports the spirit of broad based black economic empowerment and recognizes
that real empowerment can only be achieved through individuals and businesses conducting
themselves in accordance with the Constitution and in an honest, fair, equitable, transparent and
legally compliant manner. Against this background the Government condemn any form of
fronting.
43.2. The Government, in ensuring that Bidders conduct themselves in an honest manner will, as part
of the bid evaluation processes, conduct or initiate the necessary enquiries/investigations to
determine the accuracy of the representation made in bid documents. Should any of the fronting
indicators as contained in the Guidelines on Complex Structures and Transactions and Fronting,
issued by the Department of Trade and Industry, be established during such enquiry /
investigation, the onus will be on the Bidder / contractor to prove that fronting does not exist.
Failure to do so within a period of 14 days from date of notification may invalidate the bid / contract
and may also result in the restriction of the Bidder /contractor to conduct business with the public
sector for a period not exceeding ten years, in addition to any other remedies iSimangaliso may
have against the Bidder / contractor concerned.

44. GENERAL

44.1. This RFP supersedes all other communications between the iSimangaliso Authority and the
Bidder.
44.2. The iSimangaliso Authority reserves the right to change the timetable or otherwise amend,
supplement or clarify this RFP at any time. The iSimangaliso Authority may cancel the tender at
any time without prior notice for any reason whatsoever and may disqualify any Bidder as
provided for in this RFP. The iSimangaliso Authority shall not incur any liability whatsoever in
exercising any rights in terms of this RFP or the laws of the Republic of South Africa.
44.3. The iSimangaliso Authority reserves the right to enter into other or additional agreements for the
same, similar or dissimilar services at any stage, at its sole discretion.

45. CORRESPONDENCE & COMMUNICATION

39
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

45.1. All correspondence and any communication must be directed to the Official Bid Representative,
via email to: [email protected]. No Bidder is permitted to correspond or communicate with
any member of an evaluation panel, any technical advisor or consultant to the iSimangaliso
Authority or board or staff member of the iSimangaliso Authority in relation to this tender, unless
prior written permission therefore has been obtained from the Official Bid Representative. Failure
to adhere to this stipulation may lead to disqualification.
45.2. No verbal agreement or conversation with, nor any verbal clarification from any officer or
employee of the iSimangaliso Authority or any of its advisors shall affect or modify any of the
terms and conditions contained in this RFP. Only written amendments, supplements or
clarifications to this RFP by the Official Bid Representative may be relied upon as authorised.
Communications sent by the Official Bid Representative to the Bidder via electronic mail shall be
deemed to be communication in writing.
45.3. Correspondence contemplated above may include questions for clarification by Bidders. Such
questions and the responses thereto shall thereafter be circulated to all Bidders.
45.4. In special circumstances, the Bidder may request that a question and the response thereto be
treated confidentially. In such an instance, the iSimangaliso Authority, in its sole discretion, may
either respond to the Bidder only, or may circulate the question and the answer to all Bidders.
The onus is on the Bidder to ensure that its correspondence is received by the iSimangaliso
Authority.

40
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

STANDARD BIDDING DOCUMENTS (SBDS)

PART A INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
14 October
BID NUMBER: 08/2024 CLOSING DATE: 2024 CLOSING TIME: 12h00
DESCRIPTION
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
iSimangaliso Wetland Park Authority Offices, The Dredger Harbour
St Lucia

3936, Approximately 25 KM from Mtubatuba Town

GPS Coordinates: Latitude: -28.362936 Longitude: 32.412032
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED
TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Bids Representative CONTACT PERSON
TELEPHONE
NUMBER 035 590 1633 TELEPHONE NUMBER
FACSIMILE NUMBER N/A FACSIMILE NUMBER
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS

41
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE
NUMBER CODE NUMBER
CELLPHONE
NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
SUPPLIER TAX CENTRAL
COMPLIANCE COMPLIANCE SUPPLIER
OR
STATUS SYSTEM PIN: DATABASE
No: MAAA

ARE YOU THE

ACCREDITED ARE YOU A FOREIGN
Yes No
REPRESENTATIVE BASED SUPPLIER FOR THE
IN SOUTH AFRICA GOODS /SERVICES
Yes No [IF YES, ANSWER THE
FOR THE GOODS OFFERED?
QUESTIONNAIRE
/SERVICES [IF YES ENCLOSE PROOF] BELOW]
OFFERED?
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES

NO

DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES

NO

DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA?

YES NO

DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA?

YES NO

IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES
NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX
COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT
REGISTER AS PER 2.3 BELOW.

42
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE
ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED (NOT TO BE RE-TYPED) OR IN THE MANNER
PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF
APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS
TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS
WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED; EACH PARTY MUST
SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE
(CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS
WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN
THE SERVICE OF THE STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID
INVALID.

SIGNATURE OF BIDDER: ……………………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………

(Proof of authority must be submitted e.g. company resolution)

DATE: ……………………………

43
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 3.3

PRICING SCHEDULE
(Transactional Advisors)

OFFER TO BE VALID FOR 120 DAYS FROM THE CLOSING DATE OF BID.

ITEM NO.: DESCRIPTION BID PRICE IN RSA CURRENCY

……………………………………………………………………………………………………………………….
**(ALL APPLICABLE TAXES INCLUDED)

1. The accompanying information must be used for the formulation of proposals.

2. Bidders are required to indicate a ceiling price based on the total estimated time for completion
of all phases and including all
expenses inclusive of all applicable taxes for the project.
R………..…………………………………………………...

3. PERSONS WHO WILL BE INVOLVED IN THE PROJECT AND RATES APPLICABLE

(CERTIFIED INVOICES MUST BE RENDERED IN TERMS HEREOF)

4. PERSON AND POSITION HOURLY RATE DAILY RATE

-------------------------------------------------------------- R------------------------------ R------------------------------

44
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

-------------------------------------------------------------------R------------------------------R ------------------------------

-------------------------------------------------------------------R------------------------------R ------------------------------

-------------------------------------------------------------------R------------------------------R ------------------------------

-------------------------------------------------------------------R------------------------------R ------------------------------

5. PHASES ACCORDING TO WHICH THE PROJECT WILL BE COMPLETED, COST PER

PHASE AND MAN-DAYS TO BE SPENT

-------------------------------------------------------------------R------------------------------R--------------------------

-------------------------------------------------------------------R------------------------------R--------------------------

-------------------------------------------------------------------R------------------------------R--------------------------

5.1 Travel expenses (specify, for example rate/km and total km, class of airtravel, etc). Only actual
costs are recoverable. Proof of the expenses incurred must accompany certified invoices.

DESCRIPTION OF EXPENSE TO BE INCURRED RATE QUANTITY AMOUNT

-------------------------------------------------------------------- ………………. …………….. R………

-------------------------------------------------------------------- ………………. …………….. R………

45
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

------------------------------------------------------------------- ………………. …………….. R………

------------------------------------------------------------------- ………………. ……………. R….……

TOTAL: R………………………………………………….

** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance
fund contributions and skills development levies.

5.2 Other expenses, for example accommodation (specify, eg. Three star hotel, bed and breakfast,
telephone cost, reproduction cost, etc.). On basis of these particulars, certified invoices will be checked
for correctness. Proof of the expenses must accompany invoices.

DESCRIPTION OF EXPENSE TO BE INCURRED RATE QUANTITY AMOUNT

---------------------------------------------------------------------------------- ………………. ……………..

R…………..

---------------------------------------------------------------------------------- ………………. ……………..

R………..

---------------------------------------------------------------------------------- ………………. ……………..

R……..…..

---------------------------------------------------------------------------------- ………………. ……………..

R………………..

TOTAL: R………………………………………………….

46
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

6. Period required for commencement with project after

acceptance of bid
……………………………………………………………….

7. Estimated man-days for completion of project

……………………………………………………………….

8. Are the rates quoted firm for the full period of contract? *YES/NO

9. If not firm for the full period, provide details of the basis on which

adjustments will be applied for, for example consumer price

index.
……………………………………………………………….

……………………………………………………………….

……………………………………………………………….

……………………………………………………………….

*[DELETE IF NOT APPLICABLE]

47
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Any enquiries regarding bidding procedures may be directed to the –

(INSERT NAME AND ADDRESS OF DEPARTMENT/ENTITY)

Tel:

Or for technical information –

(INSERT NAME OF CONTACT PERSON)

Tel:

48
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 4
BIDDER’S DISCLOSURE
1. PURPOSE OF THE FORM
Any person (natural or juristic) may make an offer or offers in terms of this invitation to
bid. In line with the principles of transparency, accountability, impartiality, and ethics as
enshrined in the Constitution of the Republic of South Africa and further expressed in
various pieces of legislation, it is required for the bidder to make this declaration in
respect of the details required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and / or the List of
Restricted Suppliers, that person will automatically be disqualified from the bid
process.

2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or
any person having a controlling interest1 in the enterprise,
employed by the state? YES/NO
2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if applicable,
state employee numbers of sole proprietor/ directors / trustees / shareholders /
members/ partners or any person having a controlling interest in the enterprise, in table
below.

Full Name Identity Number Name of State

institution

1 the power, by one person or a group of persons holding the majority of

the equity of an enterprise, alternatively, the person/s having the
deciding vote or power to influence or to direct the course and decisions
of the enterprise.

49
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

2.2 Do
you, or any person connected with the bidder, have a relationship with any person who
is employed by the procuring institution? YES/NO
2.2.1 If so, furnish particulars:
……………………………………………………………………………………
……………………………………………………………………………………

2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners
or any person having a controlling interest in the enterprise have any interest in any
other related enterprise whether or not they are bidding for this contract?
YES/NO

2.3.1 If so, furnish particulars:

…………………………………………………………………………….
…………………………………………………………………………….

DECLARATION

I, the undersigned, (name)……………………………………………………………………. in

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

3.1 I have read and I understand the contents of this disclosure;

3.2 I understand that the accompanying bid will be disqualified if this disclosure is found
not to be true and complete in every respect;
3.3 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 consortium2 will not be construed as
collusive bidding.

2 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.

50
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

3.4 In addition, there have been no consultations, communications, agreements or

arrangements with any competitor regarding the quality, quantity, specifications, prices,
including methods, factors or formulas used to calculate prices, market allocation, the
intention or decision to submit or not to submit the bid, bidding with the intention not to win
the bid and conditions or delivery particulars of the products or services to which this bid
invitation relates.
3.4 The terms of the accompanying bid have not been, and will not be, disclosed by the
bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid
opening or of the awarding of the contract.

3.5 There have been no consultations, communications, agreements or arrangements

made by the bidder with any official of the procuring institution in relation to this procurement
process prior to and during the bidding process except to provide clarification on the bid
submitted where so required by the institution; and the bidder was not involved in the
drafting of the specifications or terms of reference for this bid.

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.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE

IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF
PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22 ON PREVENTING AND
COMBATING ABUSE IN THE SUPPLY CHAIN MANAGEMENT SYSTEM SHOULD THIS
DECLARATION PROVE TO BE FALSE.

……………………………… ..……………………………………………
Signature Date

……………………………… ………………………………………………
Position Name of bidder

51
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

This preference form must form part of all tenders invited. It contains general information
and serves as a claim form for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE

GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT
OF THE TENDER AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022

GENERAL CONDITIONS
The following preference point systems are applicable to invitations to tender:
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).

To be completed by the organ of state

(delete whichever is not applicable for this tender).
The applicable preference point system for this tender is the 90/10 preference point system.

The applicable preference point system for this tender is the 80/20 preference point system.

Either the 90/10 or 80/20 preference point system will be applicable in this tender. The
lowest/ highest acceptable tender will be used to determine the accurate system once
tenders are received.

Points for this tender (even in the case of a tender for income-generating contracts) shall be
awarded for:
Price; and
Specific Goals.

To be completed by the organ of state:

52
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

The maximum points for this tender are allocated as follows:

POINTS
PRICE 80/90
SPECIFIC GOALS 20/10
Total points for Price and SPECIFIC GOALS 100

Failure on the part of a tenderer to submit proof or documentation required in terms of this
tender to claim points for specific goals with the tender, will be interpreted to mean that
preference points for specific goals are not claimed.

The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to preferences,
in any manner required by the organ of state.

DEFINITIONS
“tender” means a written offer in the form determined by an organ of state in response to
an invitation to provide goods or services through price quotations, competitive tendering
process or any other method envisaged in legislation;
“price” means an amount of money tendered for goods or services, and includes all
applicable taxes less all unconditional discounts;
“rand value” means the total estimated value of a contract in Rand, calculated at the time of
bid invitation, and includes all applicable taxes;
“tender for income-generating contracts” means a written offer in the form determined by
an organ of state in response to an invitation for the origination of income-generating
contracts through any method envisaged in legislation that will result in a legal agreement
between the organ of state and a third party that produces revenue for the organ of state,
and includes, but is not limited to, leasing and disposal of assets and concession contracts,
excluding direct sales and disposal of assets through public auctions; and
“the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of
2000).

FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

POINTS AWARDED FOR PRICE

53
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

3.1.1 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

𝑷𝒕−𝑷 𝒎𝒊𝒏 ⬚ 𝑷𝒕−𝑷 𝒎𝒊𝒏 ⬚

𝑷𝒔 = 𝟖𝟎 (𝟏 − ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏 ⬚ 𝑷 𝒎𝒊𝒏 ⬚
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME

GENERATING PROCUREMENT

POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

𝑷𝒕−𝑷 𝒎𝒂𝒙 ⬚ 𝑷𝒕−𝑷 𝒎𝒂𝒙 ⬚

𝑷𝒔 = 𝟖𝟎 (𝟏 + ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 + )
𝑷 𝒎𝒂𝒙 ⬚ 𝑷𝒎𝒂𝒙

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender

POINTS AWARDED FOR SPECIFIC GOALS

In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,
preference points must be awarded for specific goals stated in the tender. For the purposes
of this tender the tenderer will be allocated points based on the goals stated in table 1 below
as may be supported by proof/ documentation stated in the conditions of this tender:

54
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

In cases where organs of state intend to use Regulation 3(2) of the Regulations, which
states that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an
organ of state must, in the tender documents, stipulate in the case of—
an invitation for tender for income-generating contracts, that either the 80/20 or 90/10
preference point system will apply and that the highest acceptable tender will be used to
determine the applicable preference point system; or

any other invitation for tender, that either the 80/20 or 90/10 preference point system will
apply and that the lowest acceptable tender will be used to determine the applicable
preference point system,
then the organ of state must indicate the points allocated for specific goals for both the 90/10
and 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is
applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.)
Number of Number of Number of
Number of
points points points
points
allocated claimed claimed
allocated
(90/10 (90/10 (80/20
The specific goals (80/20
system) system) system)
allocated points in system)
(To be (To be (To be
terms of this tender (To be
completed by completed completed
completed
the organ of by the by the
by the organ
state) tenderer) tenderer)
of state)

Local Service Provider 2 4

(Umkhanyakude or King
Cetshwayo District
Municipalities)
At Least 51% Black 2 4
Owned

55
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

At Least 51% Woman 2 4

Ownership
At Least 51% Youth 2 4
Ownership
At least 51% Ownership 2 4
by people living with
disability.

DECLARATION WITH REGARD TO COMPANY/FIRM

Name of company/firm…………………………………………………………………….
Company registration number: …………………………………………………………...
TYPE OF COMPANY/ FIRM
 Partnership/Joint Venture / Consortium
 One-person business/sole propriety
 Close corporation
 Public Company
 Personal Liability Company
 (Pty) Limited
 Non-Profit Company
 State Owned Company
[TICK APPLICABLE BOX]

I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the specific goals as advised in the tender, qualifies the
company/ firm for the preference(s) shown and I acknowledge that:
The information furnished is true and correct;
The preference points claimed are in accordance with the General Conditions as indicated in
paragraph 1 of this form;
In the event of a contract being awarded as a result of points claimed as shown in
paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to the
satisfaction of the organ of state that the claims are correct;
If the specific goals have been claimed or obtained on a fraudulent basis or any of the
conditions of contract have not been fulfilled, the organ of state may, in addition to any other
remedy it may have –

56
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

disqualify the person from the tendering process;

recover costs, losses or damages it has incurred or suffered as a result of that person’s
conduct;
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;
recommend that the tenderer or contractor, its shareholders and directors, or only the
shareholders and directors who acted on a fraudulent basis, be restricted from obtaining
business from any organ of state for a period not exceeding 10 years, after the audi alteram
partem (hear the other side) rule has been applied; and
forward the matter for criminal prosecution, if deemed necessary.

……………………………………….
SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ……………………………………………………….

DATE: ………………………………………………………

ADDRESS: ………………………………………………………

………………………………………………………

………………………………………………………
………………………………………………………

57
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 7.2 CONTRACT FORM - RENDERING OF SERVICES

THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER

(PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE
ORIGINAL SO THAT THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN
POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE
RECORDS.

PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)

I hereby undertake to render services described in the attached bidding documents to (name
of the institution)……………………………………. in accordance with the requirements and
task directives / proposals specifications stipulated in Bid Number………….……….. at the
price/s quoted. My offer/s remain binding upon me and open for acceptance by the
Purchaser during the validity period indicated and calculated from the closing date of the bid
.

The following documents shall be deemed to form and be read and construed as part of this
agreement:

Bidding documents, viz

Invitation to bid;
Proof of tax compliance status;
Pricing schedule(s);
Filled in task directive/proposal;
Preference claim form for Preferential Procurement in terms of the Preferential Procurement
Regulations;
Bidder’s Disclosure form;
Special Conditions of Contract;
General Conditions of Contract; and
Other (specify)

I confirm that I have satisfied myself as to the correctness and validity of my bid; that the
price(s) and rate(s) quoted cover all the services specified in the bidding documents; that the
price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s)
and rate(s) and calculations will be at my own risk.

58
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

I accept full responsibility for the proper execution and fulfilment of all obligations and
conditions devolving on me under this agreement as the principal liable for the due fulfillment
of this contract.

I declare that I have no participation in any collusive practices with any bidder or any other
person regarding this or any other bid.

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

NAME (PRINT) …………………………….

WITNESSES

CAPACITY …………………………….
1 …….…………………………….

SIGNATURE …………………………….
2 ……….………………………….

NAME OF FIRM ……………………………. DATE: ……………………………..

DATE …………………………….

59
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 7.2 CONTRACT FORM - RENDERING OF SERVICES

PART 2 (TO BE FILLED IN BY THE PURCHASER)

I…………………………………………….in my capacity as……………………...………………………………..

accept your bid under reference number ………………dated………………………for the rendering of
services indicated hereunder and/or further specified in the annexure(s).

An official order indicating service delivery instructions is forthcoming.

I undertake to make payment for the services rendered in accordance with the terms and
conditions of the contract, within 30 (thirty) days after receipt of an invoice.

PRICE (ALL
TOTAL POINTS CLAIMED
DESCRIPTION OF APPLICABLE COMPLETION
PREFERENCE FOR EACH
SERVICE TAXES DATE
POINTS CLAIMED SPECIFIC GOAL
INCLUDED)

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

SIGNED AT ………………………………………ON………………………………..

NAME (PRINT) ………………………………………….

SIGNATURE …………………………………………

WITNESSES
OFFICIAL STAMP
1 ….…………………………….

2 …..…………………………….

60
DATE: ……………………………..
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES

This Standard Bidding Document must form part of all bids invited.

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.

The bid of any bidder may be disregarded if that bidder, or any of its directors have-

abused the institution’s supply chain management system;

committed fraud or any other improper conduct in relation to such system; or
failed to perform on any previous contract.

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 Yes No

Database of Restricted Suppliers 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 Accounting
Officer/Authority of the institution that imposed the restriction after
the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the

National Treasury’s website(www.treasury.gov.za) and can be
accessed by clicking on its link at the bottom of the home page.

4.1.1 If so, furnish particulars:

61
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

4.2 Is the bidder or any of its directors listed on the Register for Tender Yes No
Defaulters in terms of section 29 of the Prevention and Combating of
Corrupt Activities Act (No 12 of 2004)?
The Register for Tender Defaulters can be accessed on the National
Treasury’s website (www.treasury.gov.za) by clicking on its link at the
bottom of the home page.

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including Yes No
a court outside of the Republic of South Africa) for fraud or corruption during
the past five years?

4.3.1 If so, furnish particulars:

4.4 Was any contract between the bidder and any organ of state terminated Yes No
during the past five years on account of failure to perform on or comply with
the contract?

4.4.1 If so, furnish particulars:

62
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 8

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

63
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of firms,
if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid
rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under
any grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting
authorities must take all reasonable steps to prevent abuse of the supply chain management
system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the
institution’s supply chain management system and or committed fraud or any other improper
conduct in relation to such system.

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

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

This SBD serves as a certificate of declaration that would be used by institutions to ensure
that, when bids are considered, reasonable steps are taken to prevent any form of bid-
rigging.
In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)
must be completed and submitted with the bid:

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

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

64
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________
(Bid Number and Description)

in response to the invitation for the bid made

by:______________________________________________________________________
(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every
respect:
I certify, on behalf of:_____________________________________________________ that:
(Name of Bidder)
I have read and I understand the contents of this Certificate;
I understand that the accompanying bid will be disqualified if this Certificate is found not to
be true and complete in every respect;
I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on
behalf of the bidder;
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;
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

65
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 9

The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium³ will not be construed as

collusive bidding.
In particular, without limiting the generality of paragraphs 6 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
prices;
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.
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.
The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,
directly or indirectly, to any competitor, prior to the date and time of the official bid opening or
of the awarding of the contract.

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

66
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

SBD 9

I am aware that, in addition and without prejudice to any other remedy provided to combat
any restrictive practices related to bids and contracts, bids that are suspicious will be
reported to the Competition Commission for investigation and possible imposition of
administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or
may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or
may be restricted from conducting business with the public sector for a period not exceeding
ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of
2004 or any other applicable legislation.

………………………………………………… …………………………………
Signature Date

…………………………………………………. …………………………………
Position Name of Bidder

67
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

iSIMANGALISO SERVICE PROVIDER'S AGREEMENT (SPECIAL CONDITIONS)

between the

iSimangaliso Wetland Park Authority (hereinafter referred to as "iSimangaliso")

And

_______________________________________________________________________________
(hereinafter referred to as "the Service Provider")

WHEREAS iSimangaliso has entered into a contract with the Service Provider on the terms and
conditions set out in this Agreement;

AND WHEREAS the Service Provider has undertaken to perform certain services/provide certain goods
on behalf of iSimangaliso in terms of this Agreement;

AND WHEREAS the parties are desirous of recording in writing the terms and conditions of their
Agreement;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. DEFINITIONS
Unless inconsistent with the context, the expressions set forth below shall bear the following meanings:
Expressions which denote:
1.1 any gender shall include the other genders;
1.2 a natural person shall include a juristic person and vice versa;
1.3 the singular shall include the plural and vice versa;
1.4 “Confidential Information”- shall mean all information and data of any nature, whether tangible,
intangible, oral or in writing and in any format or medium, that is obtained or learned by, disclosed to or
comes to the knowledge of a party by or from the other party during the course or arising out of this
Agreement, by whatsoever means and which information is not readily available in the ordinary course

68
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

of business to a third party including but not limited to all internal control systems, contractual and
financial arrangements with iSimangaliso’s suppliers, customers, and marketing and is deemed to be
the property of iSimangaliso;

1.5 "the Services" - shall mean the Services and/or Products to be provided and/or supplied by the
Service Provider, and as set out in the Schedule
1.6 "the Service Period" – shall mean the timetable for the provision and/or supply of the Services
as set out in the Schedule
1.7 "the Schedule" – shall mean the Schedule attached hereto, the content thereof being
incorporated into the body of this Agreement

2. SERVICE PROVIDER UNDERTAKINGS

The Service Provider hereby undertakes to:
2.1 Provide and/or deliver the Services at the specified times to the stipulated specification;
2.2 Not make any representations on behalf of iSimangaliso;
2.3 Abide by Park rules and directives as amended from time to time;
2.4 Hold itself liable for any damage, as defined in the National Environmental Management Act,
caused by the service provider, any invitees, collaborators, assistants or employees, and shall be liable
for the cost of rehabilitation or restoration of such damage or for the mitigation measures required, as
directed by iSimangaliso.
2.5 Obtain all necessary environmental and other permits and/or approvals in accordance with the
Regulatory Provisions and shall comply with all conditions of any environmental or other permit or
approval granted by any Relevant Authority and shall take all necessary action required under the
Regulatory Provisions.
2.6 Hold itself liable to pay a penalty imposed by the Authority for failing to comply with the
provisions of this contract. Penalties shall be calculated at 2% (two percent) of the fees payable within
the month that the Service Provider failed to comply with the provision of this Agreement.
2.7 Not to poach any staff member of iSimangaliso during the term of this Agreement and for a
period of two years after expiry or termination;
2.8 Shall ensure that no director, employee, or sub-contractor shall do anything to damage the
name and reputation of iSimangaliso. If, in the reasonable opinion of iSimangaliso, the Service
Provider, any director, employee or subcontractor provider has caused iSimangaliso harm or damaged
its good name or reputation iSimangaliso shall be entitled to terminate this Agreement or require the

69
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Service Provider to remove the director, employee or subcontractor provider from any further
participation arising from this Agreement;
2.9 Shall replace any person assigned to this Agreement if in its discretion iSimangaliso is dissatisfied
with the performance or conduct of this person;

2.10 Shall not remove or replace any person assigned to this Contract or make any changes to the
scope of work or methodology or specification of the Services without the prior written permission of
iSimangaliso, which may be withheld.

3. DURATION OF AGREEMENT
3.1 The agreement shall commence on the signature date and endure for a period of ____ months
plus any further period at the sole discretion of iSimangaliso, but not exceeding 15%, unless terminated
in terms of the Agreement or as follows:
3.2 The cancellation or termination of this Agreement shall be in accordance with paragraph 4 below.

4. TERMINATION OR CANCELLATION
4.1 Either party wishing to terminate this Agreement, either in whole or in part, must provide the other
Party with at least 90 (ninety) calendar days’ prior written notice signed by a duly authorised signatory
4.2 Subject to clause 4.1 of this agreement, iSimangaliso may terminate this agreement in the event
that the Service Provider fails to comply with, or fails to remedy on-compliance, notwithstanding
iSimangaliso’s notice to the Service Provider to remedy the failure, or the terms and conditions
contained in clause 2.1.
4.3 An aggrieved Party may only terminate this Agreement in terms of Clause 11 of this Agreement if
the breach is material and is not capable of being remedied by payment or if it is capable of being
remedied by payment, the other Party fails to make payment within 14 (fourteen) calendar days after
the final determination of the amount.

5. PAYMENT OF SERVICES
5.1 iSimangaliso shall pay the Service Provider as per the agreed Schedule on presentation of original
invoices after the Services have been provided and/or delivered to the satisfaction of iSimangaliso
within 30 days of presentation of invoice. Interest will not accrue on late payments.

70
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

6. CESSION, ASSIGNMENT AND SUBCONTRACTING

6.1 The Service Provider shall not be entitled to cede, assign, subcontract or in any other manner
whatsoever, transfer any of its rights or obligations under this Agreement to any third Party without the
prior written consent of the iSimangaliso Authority.

7. LICENSES AND COPYRIGHT

7.1 The Service Provider shall be responsible for obtaining all the necessary approvals to use and
publish any material owned or copyrighted by any third party in any form whether written, drawn,
photographed or produced by any other means, for the purposes of the project as stipulated in this
Agreement. The Service Provider shall ensure that all such approvals are maintained and renewed as
and when appropriate and warrants that the use and publication of any material by it will not infringe the
rights of any third person and accordingly indemnifies the Authority from any loss or damage,
howsoever arising, in the event of any such infringement.

7.2 All work produced specifically for iSimangaliso under this Agreement remains the property of
iSimangaliso and may not be released without prior written approval of iSimangaliso.

8. CONFIDENTIAL INFORMATION

8.1 Both parties undertake to keep all confidential information of either party confidential while this
contract remains in force and for a period of 5 (five) years after it terminates for any reason;
8.2 Both parties shall not disclose any Confidential Information to any third party.
8.3 All documentation comprising Confidential Information shall be returned on expiry or termination of
this Agreement.

9. FORCE MAJEURE

9.1 If either Party is prevented from, or delayed in performing any obligation under this Agreement, for
any reason beyond the reasonable control of that Party, then that Party shall be excused from
performing, or timeously performing that particular obligation for the duration of such prevention or
delay.
9.2 Any Party so prevented or delayed, shall inform the other in writing of such prevention or delay, as
soon as reasonably possible, after the circumstances causing such prevention or delay have risen.

71
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

9.3 The Parties shall do everything reasonably possible to prevent, avoid, or limit the duration, or
effects of any such prevention or delay.
9.4 While any such prevention or delay continues, the Parties shall continue to comply with their
obligations under this Agreement that are not affected by it, to the extent that they are able lawfully to
do so.
9.5 If any such suspension or delay continues for more than 60 consecutive days, then notwithstanding
any other provision of this Agreement to the contrary, either Party shall be entitled to terminate this
Agreement by written notice to the other.

10. DISPUTE RESOLUTION

10.1 Any dispute between the Parties in regard to the interpretation of this Agreement; the effect of this
Agreement; the Parties’ respective rights and obligations under this Agreement; or a breach of any
matter arising out of this Agreement, shall in the first instance, be referred to the Parties’ respective
representatives, who shall attempt to resolve the dispute amicably between themselves within 5 days of
the dispute arising, and if the dispute is still unresolved, then, in the second instance, be referred to the
CEO who shall attempt to resolve the dispute with the chief executive officer of the Service Provider
who shall make himself available in St Lucia, within 10 days of the dispute arising, and if it still remains
unresolved, then as a last resort, be submitted to arbitration in the manner set out in this Clause 7
10.2 The arbitration shall be held, subject to the provisions of this clause at Durban; informally; in
accordance with the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), as amended; held and
concluded within 21 days after it has been demanded if possible.
10.3 The arbitrator shall be, if the question in issue is primarily an accounting matter, an independent
accountant agreed upon between the Parties; primarily a legal matter, a practising senior counsel of no
less than 10 years’ standing to be agreed between the Parties; any other matter, a suitably qualified
and experienced independent person, to be agreed between the Parties.
10.4 If the Parties cannot agree upon a particular arbitrator pursuant to Clause 7.3 above, within 7 days
after the arbitration has been demanded, the nomination shall be made by the president of the
Attorneys Association of KwaZulu-Natal, within 7 days of the Parties having so failed to agree.
10.5 The Parties irrevocably agree that the decision in these arbitration proceedings shall be binding on
them; shall be carried into effect; and may be made an order of any court of competent jurisdiction.
10.6 Pending any attempt at amicable settlement, or any award of an arbitral panel, both Parties shall
continue to perform their obligations hereunder, unless agreed otherwise in writing.

72
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

10.7 The costs of arbitration shall be paid by the unsuccessful Party, irrespective of whether the
iSimangaliso Authority or the Service Provider referred the matter to arbitration.

11. BREACH

11.1 Breach of this Agreement by the Service Provider shall include the following events:
11.2 if the Service Provider being an individual (or where the Service Provider is a firm, any partner in
that firm) shall at any time become bankrupt, or subject to a receiving order, administration order or
interim order made against him or her, or enters any composition, or scheme of arrangement with, or
for the benefit of, his or her creditors, or make, any conveyance, or assignment, for the benefit of his or
her creditors, or purports to do so, or any application is made for sequestration of his or her estate, or a
trust deed is granted by him or her, for the benefits of his or her creditors;
11.3 if the Service Provider being a company or close corporation passes a resolution, or the courts
shall make an order that the company or close corporation be wound up (except for the purposes of
amalgamation or reconstruction), or if a business rescue practitioner on behalf of a creditor appointed,
or if the courts shall make an business rescue order, or if circumstances shall arise that entitle the
courts or a creditor to appoint a business rescue practitioner, or which entitle the courts to make a
winding-up order;
11.4 if the Service Provider does not provide the Services in accordance with the standards specified in
the Schedule;
11.5 if the Service Provider breaches any other provision of this Agreement.
11.6 iSimangaliso shall grant the Service Provider a remedy period with reference to the nature of the
breach, during which the Service Provider must take the appropriate action to make good the damage
or rectify the notified default or problem. In the absence of a notified remedy period, and should the
Service Provider fail to remedy such breach within 30 days of receiving written notice from iSimangaliso
requiring it to do so, then iSimangaliso shall be entitled, without prejudice to its other rights in law, to
cancel this Agreement upon 30 days’ written notice, or to claim immediate performance of all of the
Service Provider’s obligations, whether or not due for performance, in either event, without prejudice to
iSimangaliso’s right to claim damages. Any dispute about an environmental issue is resolved by the
CEO.

73
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

12. PUBLIC LIABILITY INSURANCE

12.1 The Service Provider shall maintain, at its cost and expense appropriate public liability insurance.

13. LIMITATION OF LIABILITY

13.1 Should iSimangaliso incur any liability in respect of third parties and/or any claims be made
against iSimangaliso by third parties as a result of any unlawful act on the part of the Service Provider
in the performance of its duties in terms of this Agreement, then the Service Provider hereby
indemnifies the iSimangaliso Authority against any, and all, such claims.

14. GENERAL
14.1 This document constitutes the sole record of the Agreement between the Parties.
14.2 No Party shall be bound by any representation, warranty, promise, or the like not recorded herein.
14.3 No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect
unless in writing and signed by, or on behalf of the Parties.
14.4 No indulgence which either Party (“the Grantor”) may grant to the other (“the Grantee”) shall
constitute a waiver of any of the rights of the Grantor, who shall not thereby be precluded from
exercising any rights against the Grantee which may have arisen in the past or which might arise in the
future.

15. DOMICILIUM AND NOTICES

15.1 Each Party chooses the address set out below as the address at which all notices and other
communications must be delivered for the purposes of this Agreement.

The iSimangaliso Authority: CEO

iSimangaliso Wetland Park Authority Private Bag X05 St Lucia
3936
Telefax: (035)590-1601

The Service Provider:

____________________________________________________
____________________________________________________
____________________________________________________

74
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

____________________________________________________

15.2 Any notice or communication required or permitted to be given in terms of this Agreement shall be
valid and effective only if in writing but it shall be competent to give notice by telefax.
15.3 Any notice to a Party contained in a correctly addressed envelope and sent by prepaid registered
post to it at its chosen address; or delivered by hand to a responsible person during ordinary business
hours at its chosen address, shall be deemed to have been received on the 14th business day after
posting (unless the contrary is proved) and, in the case of fax/hand delivery on the day of delivery
except outside of normal hours in which case it shall be the first business day after transmission or
hand delivery
15.4 Each Party chooses the physical address as the address in Clause 22.2 and 22.3 at which legal
process must be delivered for the purposes of this Agreement.
15.5 The Parties shall be entitled at any time to change their addresses for the purposes of this Clause
12 to any other address

16. COSTS
16.1 Each Party shall bear its own costs of, and incidental to, the drawing up and preparation of this
Agreement.

17. SIGNED
For the iSimangaliso Authority

Signature: ________________________________________________________

Full Name: ________________________________________________________

Designation: _______________________________________________________

Date: ____________________________________________________________

Witness #1 : ___________________________________________________

Witness #2:____________________________________________________

75
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

for the Service Provider:

Signature:______________________________________________________________________

Full Name: ______________________________________________________________________

Designation:_______________________________________________________________________

Date:__________________________________________________________________________

Witness #1: ______________________________________________________________________

Witness #2:_________________________________________________________________________

AUTHORITY TO SIGN A BID/QUOTATION

A. COMPANIES
76
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

If a Bidder is a company, a certified copy of the resolution by the board of directors, personally signed
by the chairperson of the board, authorising the person who signs this bid to do so, as well as to sign
any contract resulting from this bid and any other documents and correspondence in connection with
this bid and/or contract on behalf of the company must be submitted with this bid, that is before the
closing time and date of the bid
AUTHORITY BY BOARD OF DIRECTORS

By resolution passed by the Board of Directors on…................................ 20……….

Mr/Mrs (whose signature appears below) has been duly authorised to sign all documents in connection
with this bid on behalf of ………………………………….................................................................

(Name of Company)

IN HIS/HER CAPACITY AS: ………………..............................................................................

SIGNED ON BEHALF OF COMPANY:…………………………………………………………….

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

SIGNATURE OF SIGNATORY: ......................................... DATE: ........................................

Witnesses:
1……………………………………..

2 ....................................................

77
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

B. SOLE PROPRIETOR (ONE - PERSON BUSINESS)

I, ……………………………………………………………………………………………………………………

the undersigned hereby confirm that I am the sole owner of the business trading as

.......................................................................................................................................

................................................................... .................................. SIGNATURE DATE

78
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

C. PARTNERSHIP

The following particulars in respect of every partner must be furnished and signed by every partner:
Full name of partner Residential address Signature

........................................... ........................................... .........................................

........................................... ........................................... ......................................

........................................... .................................................. ....................................

We, the undersigned partners in the business trading as hereby

authorise………………………………………………………………………………………………………… to
sign this bid as well as any contract resulting from the bid and any other documents and
correspondence in connection with this bid and /or contract on behalf of ...........................................

........................................... .................................................

SIGNATURE SIGNATURE SIGNATURE

........................................... ........................................... ...........................................

DATE DATE DATE

79
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

D. CLOSE CORPORATION

In the case of a close corporation submitting a bid, a certified copy of the Founding Statement of such
corporation shall be included with the bid, together with the resolution by its members authorising a
member or other official of the corporation to sign the documents on their behalf.

At… Mr/Ms ,

whose signature appears below, has been authorised to sign all documents in connection with this bid
on behalf of

.......................................................................................................................................

(Name of Close Corporation)

SIGNED ON BEHALF OF CLOSE CORPORATION:

……………………………………………………….. (PRINT NAME)

IN HIS/HER CAPACITY AS ……………………………………………………

DATE: ........................................................................................................

SIGNATURE OF SIGNATORY: .........................................................

WITNESSES: 1 .........................................................

2 .........................................................

80
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT

iSimangaliso Wetland Park Authority cannot amend the National Treasury’s General Conditions of Contract
(GCC). iSimangaliso appends Special Conditions of Contract (SCC) providing specific information relevant to a
GCC clause that requires the addition of Special Conditions and Special Conditions specific to this bid contract is
not part of the General Conditions of Contract. No clause in this document shall be in conflict with another
clause. Whenever there is a conflict, the provisions of the iSimangaliso Special Conditions of Contract shall
prevail.

NOTES
The purpose of this document is to:

(i) Draw special attention to certain general conditions applicable to government bids,
contracts and orders; and
(ii) To ensure that clients be familiar with regard to the rights and obligations of all
parties involved in doing business with government.

In this document words in the singular also mean in the plural and vice versa and words in the
masculine also mean in the feminine and neuter.

• The General Conditions of Contract will form part of all bid documents and may not
be amended.
• Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled
separately for every bid (if (applicable) and will supplement the General Conditions
of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.

81
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law

82
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (NIPP)

General Conditions of Contract

1. Definitions
The following terms shall be interpreted as indicated:
1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.
1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as
recorded in the contract form signed by the parties, including all attachments and appendices thereto
and all documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper
performance of his contractual obligations.
1.4 Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence
the action of a public official in the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its
government and encouraged to market its products internationally.
1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which
the services are supplied. Goods are produced when, through manufacturing, processing or substantial
and major assembly of components, a commercially recognized new product results that is substantially
different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store
or depot or on the specified site in compliance with the conditions of the contract or order, the supplier
bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA
at lower prices than that of the country of origin and which have the potential to harm the local
industries in the RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s
fault or negligence and not foreseeable.

83
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars
or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of any bidder, and includes collusive practice
among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the bidder of the benefits of free and open competition.
1.14 “GCC” means the General Conditions of Contract.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is
required to supply to the purchaser under the
contract.
1.16 “Imported content” means that portion of the bidding price represented by the cost of components,
parts or materials which have been or are still to be imported (whether by the supplier or his
subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct
importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty
at the South African place of entry as well as transportation and handling charges to the factory in the
Republic where the supplies covered by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not included in the imported
content provided that local manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using labour, materials, components
and machinery and includes other related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of
a service.
1.20 “Project site,” where applicable, means the place indicated in bidding documents.
1.21 “Purchaser” means the organization purchasing the goods.
1.22 “Republic” means the Republic of South Africa.
1.23 “SCC” means the Special Conditions of Contract.
1.24 “Services” means those functional services ancillary to the supply of the goods, such as
transportation and any other incidental services, such as installation, commissioning, provision of
technical assistance, training, catering, gardening, security, maintenance and other such obligations of
the supplier covered under the contract.
1.25 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

84
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

2. Application
2.1 These general conditions are applicable to all bids, contracts and orders including bids for
functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but
excluding immovable property, unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies,
services or works.
2.3 Where such special conditions of contract are in conflict with these general conditions, the special
conditions shall apply.

3. General
3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any
expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for
documents may be charged.

3.2 With certain exceptions, invitations to bid are only published in the Government Tender Bulletin.
The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag
X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za
4. Standards
4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and
specifications.

5. Use of contract documents and information; inspection.

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any
provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on
behalf of the purchaser in connection therewith, to any person other than a person employed by the
supplier in the performance of the contract. Disclosure to any such employed person shall be made in
confidence and shall extend only so far as may be necessary for purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or
information mentioned in GCC clause
5.1 except for purposes of performing the contract.

85
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

5.3 Any document, other than the contract itself mentioned in GCC clause
5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on
completion of the supplier’s performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance
of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the
purchaser.

6. Patent rights
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of
patent, trademark, or industrial design rights arising from use of the goods or any part thereof by
the purchaser.

7. Performance security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall
furnish to the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for
any loss resulting from the supplier’s failure to complete his obligations under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a freely
convertible currency acceptable to the purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the
purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding
documents or another form acceptable to the purchaser; or
(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later
than thirty (30) days following the date of completion of the supplier’s performance obligations under
the contract, including any warranty obligations, unless otherwise specified in SCC.

86
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage
during production or execution or on completion be subject to inspection, the premises of the bidder or
contractor shall be open, at all reasonable hours, for inspection by a representative of the Department
or an organization acting on behalf of the Department.
8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made
in the contract, but during the contract period it is decided that inspections shall be carried out, the
purchaser shall itself make the necessary arrangements, including payment arrangements with the
testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in
accordance with the contract requirements, the cost of the inspections, tests and analyses shall be
defrayed by the purchaser.
8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract
requirements, irrespective of whether such supplies or services are accepted or not, the cost in
connection with these inspections, tests or analyses shall be defrayed by the supplier.
8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with
the contract requirements may be rejected.

8.7 Any contract supplies may on or after delivery be inspected, tested or analyzed and may be
rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be
held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his
own cost and forthwith substitute them with

supplies which do comply with the requirements of the contract. Failing such removal the rejected
supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the
substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to
substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the
supplier.

87
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the
contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing
9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or
deterioration during transit to their final destination, as indicated in the contract. The packing shall be
sufficient to withstand, without limitation, rough handling during transit and exposure to extreme
temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights
shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the
absence of heavy handling facilities at all points in transit.
9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with
such special requirements as shall be expressly provided for in the contract, including additional
requirements, if any, specified in SCC, and in any subsequent instructions ordered by the purchaser.

10. Delivery and documents

10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the
contract. The details of shipping and/or other documents to be furnished by the supplier are specified in
SCC.

10.2 Documents to be submitted by the supplier are specified in SCC.

11. Insurance
11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency
against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in
the manner specified in the SCC.
12. Transportation

12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified in the
SCC.

13. Incidental services

88
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

13.1 The supplier may be required to provide any or all of the following services, including additional
services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or commissioning of the supplied goods;
(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the
supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time
agreed by the parties, provided that this service shall not relieve the supplier of any warranty
obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up,
operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the
goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates
charged to other parties by the supplier for similar services.

14. Spare parts

14.1 As specified in SCC, the supplier may be required to provide any or all of the following materials,
notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this
election shall not relieve the supplier of any warranty obligations under the contract; and
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the
purchaser to procure needed requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and
specifications of the spare parts, if requested.
15. Warranty
15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most
recent or current models, and that they incorporate all recent improvements in design and
materials unless provided otherwise in the contract. The supplier further warrants that all goods
supplied under this contract shall have no defect, arising from design, materials, or workmanship

89
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

(except when the design and/or material is required by the purchaser’s specifications) or from any
act or omission of the supplier, that may develop under normal use of the supplied goods in the
conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as
the case may be, have been delivered to and accepted at the final destination indicated in the
contract, or for eighteen (18) months after the date of shipment from the port or place of loading

15.3 in the source country, whichever period concludes earlier, unless specified otherwise in SCC.

15.4 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

15.5 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all
reasonable speed, repair or replace the defective goods or parts thereof, without costs to the
purchaser.

15.6 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in
SCC, the purchaser may proceed to take such remedial action as may be necessary, at the
supplier’s risk and expense and without prejudice to any other rights which the purchaser may
have against the supplier under the contract.

16. Payment
16.1 The method and conditions of payment to be made to the supplier under this contract shall be
specified in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery
note and upon fulfillment of other obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after
submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated in SCC.

17. Prices

90
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

17.1 Prices charged by the supplier for goods delivered and services performed under the contract
shall not vary from the prices quoted by the supplier in his bid, with the exception of any price
adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case may
be.

18. Contract amendments

18.1 No variation in or modification of the terms of the contract shall be made except by written
amendment signed by the parties concerned.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract,
except with the purchaser’s prior written consent.

20. Subcontracts
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contracts if
not already specified in the bid. Such notification, in the original bid or later, shall not relieve the
supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance
with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should
encounter conditions impeding timely delivery of the goods and performance of services, the supplier
shall promptly notify the purchaser in writing of the fact of the delay, its likely duration and its cause(s).
As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation
and may at his discretion extend the supplier’s time for performance, with or without the imposition of
penalties, in which case the extension shall be ratified by the parties by amendment of contract.

91
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a
national department, provincial department, or a local authority.

21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential
services executed if an emergency arises, the supplier’s point of supply is not situated at or near the
place where the supplies are required, or the supplier’s services are not readily available.

21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its
delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC
Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause
21.2 without the application of penalties.

21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall,
without canceling the contract, be entitled to purchase supplies of a similar quality and up to the same
quantity in substitution of the goods not supplied in conformity with the contract and to return any goods
delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may
be required to complete the contract and without prejudice to his other rights, be entitled to claim
damages from the supplier.

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the
services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other
remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the
delivered price of the delayed goods or unperformed services using the current prime interest rate
calculated for each day of the delay until actual delivery or performance. The purchaser may also
consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of
default sent to the supplier, may terminate this contract in whole or in part:

92
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or
within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the Supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or
fraudulent practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure,
upon such terms and in such manner as it deems appropriate, goods, works or services similar to those
undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar
goods, works or services. However, the supplier shall continue performance of the contract to the
extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to
impose a restriction penalty on the supplier by prohibiting such supplier from doing business with the
public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the
supplier, the supplier will be allowed a time period of not more than fourteen (14) days to provide
reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond within
the stipulated fourteen (14) days the purchaser may regard the intended penalty as not objected
against and may impose it on the supplier.

23.5 Any restriction imposed on any person by the Accounting Officer / Authority will, at the discretion
of the Accounting Officer / Authority, also be applicable to any other enterprise or any partner,
manager, director or other person who wholly or partly exercises or exercised or may exercise control
over the enterprise of the first-mentioned person, and with which enterprise or person the first-
mentioned person, is or was in the opinion of the Accounting Officer / Authority actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition,
furnish the National Treasury, with the following information:
(iii) the name and address of the supplier and / or person restricted by the purchaser;
(iv) the date of commencement of the restriction
(v) the period of restriction; and

93
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

(vi) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or persons
prohibited from doing business with the public sector.

23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the

Prevention and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such
person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been
endorsed on the Register, the person will be prohibited from doing business with the public sector for a
period not less than five years and not more than 10 years. The National Treasury is empowered to
determine the period of restriction and each case will be dealt with on its own merits. According to
section 32 of the Act the Register must be open to the public. The Register can be perused on the
National Treasury website.

24. Anti-dumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or anti- dumping or countervailing
duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is
increased in respect of any dumped or subsidized import, the State is not liable for any amount so
required or imposed, or for the amount of any such increase. When, after the said date, such a
provisional payment is no longer required or any such anti-dumping or countervailing right is abolished,
or where the amount of such provisional payment or any such right is reduced, any such favourable
difference shall on demand be paid forthwith by the contractor to the State or the State may deduct
such amounts from moneys (if any) which may otherwise be due to the contractor in regard to supplies
or services which he delivered or rendered, or is to deliver or render in terms of the contract or any
other contract or any other amount which may be due to him

25. Force Majeure

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for
forfeiture of its performance security, damages, or termination for default if and to the extent that his
delay in performance or other failure to perform his obligations under the contract is the result of an
event of force majeure.

94
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of
such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the
supplier shall continue to perform its obligations under the contract as far as is reasonably practical,
and shall seek all reasonable alternative means for performance not prevented by the force majeure
event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the
supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without
compensation to the supplier, provided that such termination will not prejudice or affect any right of
action or remedy which has accrued or will accrue thereafter to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the
supplier in connection with or arising out of the contract, the parties shall make every effort to
resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such
mutual consultation, then either the purchaser or the supplier may give notice to the other party
of his intention to commence with mediation. No mediation in respect of this matter may be
commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South
African court of law.

27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified
in the SCC.

27.5 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract unless
they otherwise agree; and
the purchaser shall pay the supplier any monies due the supplier.

28. Limitation of liability

95
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

28.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier
in connection with or arising out of the contract, the parties shall make every effort to resolve amicably
such dispute or difference by mutual consultation.

28.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual
consultation, then either the purchaser or the supplier may give notice to the other party of his intention
to commence with mediation. No mediation in respect of this matter may be commenced unless such
notice is given to the other party.

28.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South
African court of law.

28.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in
the SCC.

28.5 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract unless they
otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier.

28.5 Except in cases of criminal negligence or willful misconduct, and in the case of infringement
pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any
indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest
costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties
and/or damages to the purchaser; and

29. Governing language

96
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or
otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment.
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the
contract that is exchanged by the parties shall also be written in English.

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise
specified in SCC.

31. Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or
certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in
his bid or to the address notified later by him in writing and such posting shall be deemed to be proper
service of such notice

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice
has been given, shall be reckoned from the date of posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other
such levies imposed outside the purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until
delivery of the contracted goods to the purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the
award of a bid the Department must be in possession of a tax clearance certificate, submitted by the
bidder. This certificate must be an original issued by the South African Revenue Services.

33. National Industrial Participation (NIP) Programme

97
 RFP 08/2024 Appointment of Transactional Advisor for a period of five years.

33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to
all contracts that are subject to the NIP obligation.

General Conditions of Contract (revised February 2008)

98