BID NUMBER: 02/2018/19

CLOSING DATE: 23 JULY 2018 – 12H00

DEPARTMENT OF ECONOMIC, SMALL BUSINESS DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS (DESTEA) AS AN ORGAN OF STATE SUB-SCRIBES TO AND PROPAGATES BOTH THE NOTION OF BROAD BASED BLACK ECONOMIC EMPOWERMENT ACT, 2003 (Act No. 53 of 2003) (B-BBEE), THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 (Act No, 5 of 2000) AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017

TERMS OF REFERENCETERMS OF REFERENCE FOR THE REQUEST OF PROPOSALS AND APPOINTMENT OF A SERVICE PROVIDER TO ROLL OUT

PORTABLE WASTE MANAGEMENT, ACCELARATING WASTE MANAGEMENT AWARENESS AND INNOVATIVE SERVICE DELIVERY IN SUPPORTING

MUCIPALITIES WITHIN THE FREE STATE PROVINCE

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Table of Contents

1 PURPOSE............................................................................................................32 INTRODUCTION AND BACKGROUND..............................................................33 OBJECTIVES......................................................................................................34 SCOPE OF WORK..............................................................................................45 EXPECTED DELIVERABLES AND DELIVERY TIMELINES.............................56 EXPERIENCE / SKILLS / TEAM COMPOSITION REQUIRED...........................67 COSTING OF THE PROJECT.............................................................................98 SPECIAL CONDITIONS OF CONTRACT...........................................................99 PAYMENT TERMS............................................................................................1410 ENQUIRIES....................................................................................................1411 BID EVALUATION CRITERIA.......................................................................15

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1 PURPOSE

The purpose of these Terms of Reference is to request proposals and appoint a Service Provider for the roll out of portable waste management, accelerating waste management awareness and innovative service delivery in supporting local government (municipalities) on behalf of the Department of Economic, Small Business Development, Tourism and Environmental Affairs (DESTEA).

2 INTRODUCTION AND BACKGROUND

The Free State Provincial government has a mandate to environmental quality and protection drawn under amongst others, the National Environmental Management Act 107 of 1998 and National Environmental Management: Waste Act 59 of 2008. We as humanity continue to consume the earths’ resources at ever increasing and unsustainable rates. This serves a course of rapidly accelerating trends of environmental degradation and climate change globally, which threaten to undermine existing and future developmental potential and opportunity.

As a result of the increased national awareness of these risks and threats to development in South Africa, environmental considerations are being mainstreamed in development policies across the economy. The Constitution of the Republic of South Africa empowers Government at all levels to endeavor for the full realisation of the right to an environment that is not harmful to the health and well-being of South Africans and all those who live in our country. 

Environmental management broadly within the government aims to radically transform government approach to environmental quality and protection,

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while also balancing it with socio- economic development – crucial pillars on which sustainable development rests. The adopted National Development

Plan maps out the vision of the country for the 20 years ahead. In the environmental sector, implementation will mostly be focused on priority areas that deal with environmental sustainability and protection.

Also in our quest to achieve the Millennium Development Goals, particularly environmental protection and poverty reduction, we continue to promote various initiatives that galvanize unprecedented efforts to make South Africa a better country for all who live in it. Government across all spheres aims to provide leadership in environmental management, utilisation, conservation and protection of ecological infrastructure.

Backlogs in the waste collection services, aging vehicles and equipment, growing human settlements and decreasing airspace in landfills are stark challenges that require a coordinated approach by each sphere of government. Integrated waste management plans (IWMPs) are the principal tool to achieve this coordination. This goal has two primary objectives: to establish an effective system of IWMPs, in particular at local government level, and to establish and maintain an information base on waste flows.

3 OBJECTIVES

DESTEA within the waste management and pollution control section, has

identified solid waste and land pollution as one of the major challenges

within the province hence this objective needs to be realised through the

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appointment of a credible service provider to achieve environmental quality

and protection in supporting our municipalities with waste management.

Create a sustainable portable waste management network to support local

government with effective portable waste collection as well as recycling

efforts as pursued by informal waste pickers.

Contribute towards sustainable innovative service delivery and waste

awareness/campaigns/information

Stimulate and strengthen high potential cooperative and SMMEs into

innovative enterprise development through portable waste management,

service delivery and information management and to become sustainable

vendors for both the public and private sector and as successful enterprises

in their own right.

Create an enabling environment through various facets of portable waste

management inclusive of municipal house hold waste collection, recycling,

service delivery and information management to contribute towards the

sustainability of targeted enterprises and beneficiaries

Improve portable waste management efforts as well as service and

information management through greater community interaction and support

by both institutions of state and corporates.

Improve emerging enterprises and beneficiaries social inclusion, dignity and

protection

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Improve the recovery rates for certain waste streams

Reducing the volume of waste that needs to be collected, transported, and

disposed of by municipalities.

Saving of landfill airspace

Promoting waste management and recycling amongst the Free State communities

Promoting a clean and healthy environment

4 SCOPE OF WORK

4.1 The DESTEA requires the services of a Service Provider(s) to develop a comprehensive Project Plan and the Scope of Work must be inclusive of timeframes and the below mentioned:

Project planning, execution, handover and continuation plan SMMEs support (Action Plan) Portable waste management, innovative service delivery, waste

management awareness programme/campaigns and time frames Implementation strategy on towns to be supported (Mangaung Metro-

Bloemfontein, Sasolburg, Welkom, Bethlehem, Kroonstad and Qwaqwa) Skills training in technical aspects (waste management, road safety,

occupational health and safety, etc.)

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4.2 The appointed Service Provider shall build capacity of staff selected from the DESTEA, selected municipalities, SMMEs and communities for skills transfer and continuity purposes.

5 EXPECTED DELIVERABLES AND DELIVERY TIMELINES

The project milestones template or Gantt chart should be utilised to outline

the project deliverables/milestones based on the Terms of Reference, as well

as indicative percentage of budget and that the prices should be provided in

an itemized format and to be inclusive of the following:

Project Planning , Activities and Budget after delivery Execution, Activities, Maintenance and Budget for delivery

2018/19 Financial Year 2019/20 Financial Year 2020/21 Financial Year

With all towns running parallel to each other Timelines (start and end dates) Indicate the number of job opportunities with certainty Indicate the number of SMMEs to be supported with certainty Handover plan Continuity plan

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PFMA. A DELIVERY CONTRACT / MoU WILL BE ENTERED INTO BETWEEN DESTEA AND THE APPOINTED SERVICE PROVIDER ONCE THE TERMS, ACTIVITIES WITH TIMEFRAMES FOR DELIVERY ARE AGREED UPON.

It should be noted that for proper control and project objectives attainment per set timeframes and indicators / outcomes, it is of cardinal importance that the delivery matrix is recommended for payment per milestone. This will thus be further discussed with the appointed service provider by the DDG: Environment and Conservation during the contract / service level agreement signing phase provided the Service provider and DESTEA are in agreement with all deliverables, budget and all other necessary arrangement recommended.

6 EXPERIENCE / SKILLS / TEAM COMPOSITION REQUIRED

6.1 Experience required

Technical capacity and business acumen in portable waste management (proof hereof is a requirement)

Key understanding of government policy documents related to but not limited to radical economic transformation

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The proposal should contain CVs of Proposed Team Members or other means of verifying past experience with regards to waste management particularly within the Free State footprint.

6.2 Competencies / Skills required

Furthermore, it is important that service provider(s) nominated exhibit the following skills and attributes:

Are team players, analytical and lateral thinkers;

Have excellent communication skills with the ability to listen and learn;

Have good facilitation skills for thought and visionary leadership, strategic thinking, problem solving, and stakeholder management in complex situations;

Have the ability to work under consistent and continuous pressure from varied sources, yet be able to maintain a supportive approach; and

Have the ability to write clear, concise and focused reports that are credible, useful and actionable, address the key questions, and show the evidence, analysis, synthesis, recommendations and evaluative interpretation and how these build from each other;

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6.3 Project management

The team must demonstrate:

The ability to lead and manage the team effectively and efficiently, and manage the project effectively to completion in a way which delivers a high quality report and builds trust of stakeholders.

Skills to manage resources to deliver high quality report on time and to appropriate standards.

An understanding of ethical issues related to working for and with government, including potential or actual conflict of interest, protecting confidentiality / anonymity, and obtaining informed consent from participants.

The interpersonal skills to manage the processes using facilitation and learning approaches, to promote commitment and ownership of stakeholders

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7 COSTING OF THE PROJECT

The prospective Professional Service Providers should submit a comprehensive budget proposal in a separate envelope and marked as “financial proposal”. The proposed budget should be inclusive of VAT.

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8 SPECIAL CONDITIONS OF CONTRACT

8.1 The performance measures for the successful bidder will be closely monitored by the DESTEA, and any deviations shall be discussed with the service provider to ensure that correction measures are implemented.

8.2 The Professional Service Provider shall submit Monthly Progress Reports to the Project Manager within four (7) days after the end of each month for the duration of the project.

8.3 The DESTEA Project Manager shall be responsible for ongoing management of the Service Level Agreement/Contract.

8.4 The Professional Service Provider must guarantee the presence of their proposed Project Manager or Leader throughout the duration of the contract. Should the need arise for the Professional Service Provider to replace their Project Manager, such replacement shall be discussed with and be approved by DESTEA prior to such appointment or replacement being effected. In the event of the replacement of the Professional Service Provider’s Project Manager, a month’s notice shall be required, during which the proposed or replacement Project Manager shall work closely with the Project Manager to ensure proper handover and smooth transition.

8.5 All the conditions specified in the General Conditions of Contract (GCC)

shall apply, and where the conditions in the special conditions of contract

contradicts the conditions in the GCC, the special conditions of contract will

prevail.

8.6 DESTEA reserves the right not to award the bid to any Professional Service Provider, and if necessary, to re-advertise the tender. DESTEA is not obliged to award the contract to the lowest bidding price.

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8.7 Bidders must score a minimum of 75% for stage 1 (functionality / technical) of the evaluation to qualify for stage 2 (price and B-BBEE) of the evaluation.

8.8 The proposal should include, amongst others, the following:

8.8.1 A proposed plan of action;

8.8.2 Past clients reference letters;

8.8.3 Comprehensive Curricula Vitae (CVs) and proof of qualifications of proposed team members;

8.8.4 Undertaking to ensure continuity of proposed project staff.

8.8.5 A clarification meeting with all the potential bidders should be held before

tender awarding

8.8.6 One closure report must be submitted annually of the project in MS Word

format and it must include pictures taken throughout the project.

8.8.7 The service provider will be expected to annually present at 2 of the Free

State Waste Management Forum as per the DESTEAs invitation

8.8.8. The DESTEA will chair the project management meetings and relevant

DESTEA stakeholders (SCM, Internal Audit, etc.) must be part of the inception

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meeting, 1 Free State Waste Management Forum Meeting where the Service

Provider will be presenting

8.8.9 The monthly project management meetings will be coordinated by the service

provider, in consultation with the DESTEA where the service provider will report on the

progress on the project against the budget as well as the work plan and raise any

problem areas related to the project.

8.8.10 Action-based minutes of the project meetings must be taken by the

service provider and forwarded to the DESTEA within 3 working days after each

meeting.

8.8.11 DESTEA will chair the monthly project management meetings

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8.9 The original Tax Clearance Certificate must be submitted with the bid. Failure to submit the original and valid Tax Clearance Certificate shall result in the disqualification of the bidder.

8.10 Certified copies of the Tax Clearance Certificates will not be acceptable.

8.11 In bids where Consortia / Joint Ventures / Sub-Contractors are involved, such must be clearly indicated and each party must submit a separate Tax

8.12 Clearance Certificate before the Adjudication Committee. Failure to submit the original and valid Tax Clearance Certificate shall result in the disqualification of the Consortia or Joint Venture.

8.13 The bid proposals should be submitted with all required information containing technical information.

8.14 DESTEA Entity Maintenance form included in the bid documents must be completed and returned with the bid proposals.

8.15 DESTEA will not be held responsible for any costs incurred by the bidder in the preparation, presentation and submissions of the bids.

8.16 Travelling costs and time spent or incurred between home and office of the bidders and DESTEA office will not be for the account of DESTEA.

8.17 Once paid for, all Intellectual Rights of the reports and associated products or publication shall belong to DESTEA.

8.18 Bidders must submit two identical proposals for each bid clearly marked “original” and “copy”.

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8.19 DESTEA reserves the right to award the contract to one or more than one Professional Service Provider(s) or only part thereof, e.g. per thematic areas.

8.20 The successful bidder shall submit monthly progress reports (signed soft copies).

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8.21 Before the commencement of work a Service Level Agreement / Contract must be signed by both parties (DESTEA and the successful bidder) as well as the issue of an official order and should there be any dispute regarding the finalization of the agreement, DESTEA reserves the right to cancel the contract with no cost implications for the Department.

8.22 The evaluation of bids can only be done on the basis of information required by the department, DESTEA in this instance.

8.23 Professional Service Providers are requested to submit the original and valid B-BBEE Status Level Verification Certificate or certified copies thereof issued by verification agencies accredited by SANAS or registered auditors approved by IRBA or SWORN Affidavit certified by Commissioner of Oaths together with their bids, to substantiate their B-BBEE rating claims, failing which the B-BBEE preference points claimed will be forfeited.

8.24 Bidders who do not submit B-BBEE Status Level Verification Certificates or are non-compliant contributors to B-BBEE do not qualify for preference points for the B-BBEE but will not be disqualified from the bidding process. They will score zero (0) points out of 10 B-BBEE.

8.25 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.

8.26 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an un-incorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.

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8.27 Public entities and tertiary institutions must also submit B-BBEE Status Level Verification Certificates together with their bids.

8.28 A bidder will not be awarded the points claimed for B-BBEE Status Level of contribution if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the contract value to any other enterprise that does not qualify for at least the same number of points that the bidder qualifies for, unless the intended sub-contractor is an EME (Exempted Micro Enterprise) that has the capacity and the ability to execute the sub-contract.

A Contractor is not allowed to sub-contract more than 25% of the contract value to another enterprise that does not have equal or higher B-BBEE status level, unless the intended sub-contractor is an EME (Exempted Micro Enterprise) that has the capability and ability to execute the sub-contract.

8.29 Prospective suppliers and/or public entities interested in pursuing opportunities with the Department and within the South African Government, should be registered on the National Treasury Central Supplier Database. This self-registration application represents an expression of interest from the supplier to conduct business with the Department and the South African government.

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8.30 Prospective bidders must submit their bid in two envelopes:

8.30.1 One envelope with the technical proposal including the following:

8.30.1.1A Valid Original Tax Clearance Certificate issued by SARS;

8.30.1.2Entity Registration Certificate;

8.30.1.3A Project Plan that states the methodology and approach for accomplishing the task, project phases if applicable, time frames and outputs (excluding cost for the project);

8.30.1.4Profile of the company and description of similar work undertaken;

8.30.1.5Names and CVs of consultants assigned to the project, including their proposed roles and responsibilities, as well as proof of highest relevant qualification;

8.30.1.6Agreement between service providers in the case of a joint venture or consortium;

8.30.1.7Letter of authority to sign documents on behalf of the company or joint venture or consortium;

8.30.2 The other envelope with the financial proposal (pricing schedule (SBD3.3) or other spread sheets with all cost related items, cost breakdown) (Original).

8.31 The following information must be endorsed on each envelope:

8.31.1 Bid number:

8.31.2 Closing date:

8.31.3 Name of the Bidder:

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8.31.4 Technical Proposal or Financial Proposal;

8.32 Failure to comply with these conditions may result in a bid being disqualified.

9 PAYMENT TERMS

DESTEA undertakes to pay valid tax invoices in full within thirty (30) days for work done to its satisfaction upon presentation of a substantiated Tax Invoice or claim, which is accompanied by required reports as stipulated in special conditions. This will apply if the deliverable process indicated under Section 5 is applicable per agreed payment terms and conditions.

No payment will be made where there is outstanding information or where submitted reports do not satisfy the department (DESTEA), in which case the Professional Service Provider will be requested to submit such reports or rectify the submitted reports that do not meet the requirements of the department.

10 ENQUIRIES

10.1 Technical Enquiries

Should the prospective tenderer or bidder require further information or clarity on these ToR, please contact:

Contact Person: Mr. David Mofokeng

Telephone No. (051) 400 - 4780

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E-Mail: mofod@destea.gov.za

10.2 Commercial or Supply Chain Enquiries

For any supply chain related enquiries, please contact:

Contact Person: Mr. Molefi Machela

Telephone No. (051) 400 4744

E-Mail: machelam@destea.gov.za

11 BID EVALUATION CRITERIA

11.1 Administrative requirements

Only bids / quotes that comply with all administrative requirements and that submitted all required bid documents (acceptable bids) will be considered during the functional evaluation phase. Only acceptable bids will be scored by the DESTEA against the functional criteria indicated in this ToR.

The bidder must provide the following. Failure to provide this will lead to disqualification:

Understanding of the intervention and the TORs.

Approach, design and methodology for the evaluation (e.g. literature and documentation review, data collection, tools, sample, suggestions for elaboration or changes to scope and methodology as outlined in the TORs, examples of evaluation questions suggested, process elements).

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Activity‐based evaluation plan (including effort for different researchers per activity and time frame linked to activities) also indicating clearly who are PDI evaluators.

Activity‐based budget (in South African Rand, including VAT (where applicable)

Competence (include list of related projects undertaken of main contractor and subcontractors, making clear who did what, and contact people for references)

Team (team members, roles and level of effort). This must make clear who is playing the role of Project Manager, implementation specialist and sector specialist. These will each be considered in their own right although roles may be combined.

Capacity development elements (building capacity of DESTEA staff and PDI/junior professionals).

11.2 Functional or Technical Evaluation Part 1

# Criteria Yes No

1 The proposed Project Manager has at least a Masters’ degree

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# Criteria Yes No

2 Each member of the team must have at least 5 years-experience in a specific sector or theme

3 Project Manager must have completed at least 3 related projects in the past ten years

4 Team must have a socio-economic specialist

5 Team must have climate change knowledge expert

6 At least 40% of the team members must be domiciled in the Free State Province

Only bids that meet all administrative requirements and all the functional requirements indicated above (if any) will be evaluated using the functional evaluation criteria indicated below (functional evaluation part 2).

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11.3 Functional or Technical Evaluation Part 2

Weight allocation Scoring System

1 – Value adding requirement (minimum score of 2)

3 – Important requirement (minimum score of 6 or9)

5 – Essential requirement / integral part of project(minimum score of 15)

1 – Does not comply with the require-ments

2 – Partial compliance with requirements

3 – Full compliance with requirements

4 – Exceeds requirements

Functional Evaluation Criteria Weight Score Weight x Score

Minimum Score

1 Experience: Demonstrated experi-ence of undertaking similar projects

1= No evidence that bidder has undertaken similar projects.

2= Bidder has successfully under-taken 1 or 2 similar projects

3= Bidder has successfully under-taken 3 or 4 similar projects

4= Bidder has successfully under-taken 5 or more similar projects

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Functional Evaluation Criteria Weight Score Weight x Score

Minimum Score

2 Skills:

1= The proposed team does not meet the skills requirement.

2= The proposed team meets some of the skills requirements

3= The proposed team meets all of the skills requirements.

4= The proposed team exceeds the skills requirements

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3 Qualifications:

1= The proposed team does not meet any of the

Qualification’s requirements.

2= The proposed team meets at least half but not all the qualifica-tions requirements.

3= The proposed team meets all the qualifications requirements

4= The proposed team exceeds the qualifications

requirements

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4 Team composition: At least 40% of team are Previously Disadvan-taged Individuals (PDIs)and they must play a meaningful role in the project:

5 15

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Functional Evaluation Criteria Weight Score Weight x Score

Minimum Score

1= Team consists of less than 40% PDIs and less than30% of person‐days allocated to PDIs.

2= Team consists of less than 40% PDIs or less than 30%of person‐days allocated to PDIs.

3= Team consists of at least 40% PDIs and at least 30%of person‐days allocated to PDIs.

4= Team consists of at least 40% PDIs, at least 30% of person‐days allocated to PDIs, and one of the specialists / team leaders is PDI.

5 Knowledge of and exposure to na-tional and international good prac-tice in terms of climate change,

1= No international experience available

2= Proposal makes mention of in-ternational experience but not con-vincing in how this will benefit the project

3= Organization has undertaken international work and shows in the proposal how it will draw in in-ternational experience and insight

4= Recognized international exper-tise included in the team (either sector or evaluation)

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6 Deliverable time frames (Par 5 of

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Functional Evaluation Criteria Weight Score Weight x Score

Minimum Score

ToR):

1= Proposed time frames do not meet the requirements

2= Proposed time frames meet some of the requirements. Delays unlikely to have a significant im-pact on the outcome

3= Time frames proposed are in line with requirements

4= The service provider proposes innovative solutions to deliver the project ahead of schedule

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7 Extent to which the costing methodology is realistic given the scope and time frames of the project:

1= Costing of the project is not aligned to the scope and times frames of the project

2= Costing of the project not en-tirely aligned to scope and time frames and may negatively impact delivery

3= The costing methodology is re-alistic given the scope and time frames of the project

4= The costing methodology pro-vides innovative

solutions to reduce costs associ-ated with the project

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