Supply of a legal research database for the ports regulator of south africa (24-Month contract)

Department: Supply Chain Management. No specific name, email, phone, or physical address provided in the document.

Submit a signed and completed Bidder’s Disclosure Form (SBD4) with all sections filled. Required details: declarations on state employment (names, ID numbers, employee numbers if applicable), conflicts of interest with procuring institution employees, and interests in related enterprises. The form must be certified as true and complete by the bidder’s authorized representative, including full name, signature, date, position, and bidder name. Collusive bidding or false declarations will result in disqualification.

Signed and completed Bidder’s Disclosure Form (SBD4) with all declarations and certifications. Must include: full name, signature, date, position, and name of the bidder. Certification that all information provided is true and complete.

Automatic disqualification if: bidder is listed in the Register for Tender Defaulters or the List of Restricted Suppliers. Ethical and legal compliance: no history of restrictive practices, corruption, or fraudulent bidding. State employment: bidders or their controlling stakeholders (directors, shareholders, etc.) employed by the state must disclose full details. Independence: bid must be prepared without collusion with competitors or prior consultation with procuring institution officials (except for clarification). False declarations may lead to reporting to the Competition Commission, NPA, or public sector restrictions under the Prevention and Combating of Corrupt Activities Act.

Scope: Appointment of a service provider to supply a legal research database for the Ports Regulator of South Africa. Duration: 24 months. Eligibility: Open to any natural or juristic person. Principles: Must adhere to transparency, accountability, impartiality, and ethical standards as per the Constitution of South Africa.

Disqualification risks: Automatic disqualification if bidder is listed in the Register for Tender Defaulters or the List of Restricted Suppliers. Required declarations: Bidder must disclose if they, their directors, trustees, shareholders, members, partners, or controlling interests are employed by the state (provide full names, ID numbers, and employee numbers). Bidder must declare any relationship with employees of the procuring institution. Bidder must disclose any interest in related enterprises bidding for this contract. Bidder must certify that the bid was prepared independently, without collusion with competitors. Bidder must confirm no prior consultation with procuring institution officials except for clarification. Consequences: False declarations may lead to bid disqualification, reporting to the Competition Commission, NPA, or public sector restrictions under applicable legislation.

Disqualification: Automatic if bidder is listed in the Register for Tender Defaulters or the List of Restricted Suppliers. Declarations required: State employment (bidder or controlling stakeholders), relationships with procuring institution employees, interests in related enterprises bidding for this contract. Certifications: Bid must be prepared independently (no collusion with competitors), no prior consultation with procuring institution officials except for clarification. Consequences: False declarations may lead to disqualification, reporting to the Competition Commission, NPA, or public sector restrictions under applicable legislation.

All enquiries and submissions must be sent via email to: [email protected]

Submit your quotation via email to [email protected] on or before the closing date and time. Late or incomplete submissions will be disqualified. Required returnable documents: Quotation on company letterhead; Completed and signed Declaration of Interest (SBD 4); Copy of CSD Report or MAAA Number; Completed and signed SBD 6.1 with valid B-BBEE Certificate or Sworn Affidavit; POPIA Consent form. Quotations remain open for acceptance for 90 days from the closing date. All bidding costs are the responsibility of the service provider.

Required documents to submit: Quotation on company letterhead; Completed and signed SBD 4 (Declaration of Interest); Copy of CSD Report or MAAA Number; Completed and signed SBD 6.1 with valid B-BBEE Certificate or Sworn Affidavit; POPIA Consent form.

The service provider must provide a legal research database with the following functionalities: Comprehensive accessibility to case law; Legislation; Commentary; Legal Journals; Civil procedure guidance; Notification of any change in legislation; Weekly newsletter; Any other useful function. The database must support 5 users and include: Annual licence for electronic law journals, legislation, case law, and civil procedure handbook; Content for 25 Acts; Weekly newsletter. The database must enable easy access for all PRSA employees for research, ensure compliance, mitigate risks, and enhance efficiency in legal services.

Quotations must be inclusive of all applicable taxes (including VAT). Provide an itemized pricing schedule with rates for: Annual licence (electronic law journals, legislation, case law, civil procedure handbook for 5 users); Content (25 Acts for 5 users); Weekly newsletter (5 users). Include subtotal, VAT, and total amounts. Pricing weighs 80 points in evaluation.

Mandatory compliance documents: Proof of registration on Central Supplier Database (CSD) or SARS PIN; Valid Tax Clearance Certificate or Tax PIN; Valid B-BBEE Certificate or Sworn Affidavit (B-BBEE Level 1 preferred, weighs 20 points); Completed and signed SBD 4 (Declaration of Interest); Completed and signed SBD 6.1 (Preference Points Claim Form); POPIA Consent form. Tax status will be verified on CSD or SARS E-Filing prior to award. Non-compliance may result in disqualification per National Treasury Instruction No. /2018.

B-BBEE Level 1 status is the specific goal and weighs 20 points. All B-BBEE levels are considered for points allocation. Submit a valid B-BBEE Certificate or Sworn Affidavit with the SBD 6.1 preference points claim form. Failure to submit both will result in 0 points for specific goals.

Tax status for the recommended bidder will be verified on Central Supplier Database (CSD) or SARS E-Filing prior to award. Non-compliance may result in the application of clause 4.2 or 4.3 of National Treasury Instruction No. /2018.

Submit the following returnable documents as part of your response:

• Signed Supplier POPIA Consent Form, including:
• Legal name of supplier
• Company registration number or ID number of respondent/supplier
• Name of authorised representative
• Signature of authorised representative
• Date of signature
• Explicit confirmation of consent to process personal information for the purposes outlined in the Supplier Declaration Form.

POPIA compliance obligations for submission:

• Ensure all submitted personal information is complete, accurate, up to date, and not misleading.
• Indemnify the Ports Regulator against any civil, criminal, or administrative penalties arising from the processing of personal information included in your submission.
• Obtain all necessary consents for any third-party personal information included in your submission.

Required returnable documents:

• Legal name of supplier
• Company registration number or ID number of respondent/supplier
• Name of authorised representative
• Signature of authorised representative
• Date of signature

Eligibility and evaluation criteria:

• Open to all eligible suppliers capable of providing a legal research database.
• Must comply with South African laws, particularly POPIA, and indemnify the Ports Regulator against non-compliance risks.
• Must be registered or willing to register on the Central Supplier Database (CSD) for organs of state.
• Must provide explicit consent for the processing of personal information as outlined in the POPIA Consent Form.

Mandatory compliance requirements:

• Registration and verification on the Central Supplier Database (CSD) for all organs of state.
• Full compliance with the Protection of Personal Information Act (POPIA), including adherence to the following principles:
• Accountability
• Processing limitation
• Purpose specification
• Further processing limitation
• Information quality
• Openness
• Security safeguards
• Data subject participation
• Obtain all necessary consents for any third-party personal information included in your submission.
• Indemnify the Ports Regulator against any civil, criminal, or administrative penalties or losses arising from the processing of personal information submitted.

Contractual obligations under POPIA:

• Declare that you have obtained all consents for third-party personal information included in your submission.
• Indemnify the Ports Regulator against any civil, criminal, or administrative penalties or losses arising from the processing of personal information submitted to the Ports Regulator.

Special conditions related to POPIA compliance:

• The Ports Regulator will process all information in accordance with Section 4(1) of POPIA, adhering to principles of accountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards, and data subject participation.
• The Ports Regulator is the responsible party, and the respondent is the data subject. Personal information will only be processed with the respondent's knowledge and authorisation and will be treated as confidential unless disclosure is required by law or permitted under POPIA.
• Respondents must comply with all POPIA prescripts concerning information provided to the Ports Regulator.
• The Ports Regulator will only process information disclosed by the respondent for the purpose of vendor registration, payment facilitation, and contract execution, in accordance with applicable laws.
• The Ports Regulator will not modify, amend, or disclose any personal data submitted by the respondent without prior written consent, unless required by law. Respondents must process any personal information disclosed by the Ports Regulator in the same manner.
• The Ports Regulator will maintain sufficient measures, policies, and systems to secure all shared or accessed information against risks (physical, electronic, or otherwise).
• The Ports Regulator will notify the respondent in writing of any unauthorised access, cybercrimes, or suspected cybercrimes and report such incidents to relevant authorities. Respondents must take remedial steps to mitigate loss or compromise of personal information and restore its integrity.
• Respondents may request confirmation or access to their personal information held by the Ports Regulator, including details of any third-party access, using Form 2 of the POPIA Regulations.
• Respondents may request corrections, deletions, destruction, withdrawal of consent, or objection to the processing of their personal information, excluding critical/mandatory or evaluation information, using Form 2 of the POPIA Regulations.
• By submitting the Supplier Declaration Form, respondents confirm awareness of their rights under Section 5 of POPIA.