Appointment of service provider for organisational establishment, operating model, function transfer and workforce transition support services for the transport economic regulator (ter)

• Direct procurement enquiries to the Supply Chain Management unit of the Ports Regulator of South Africa (the procuring institution).

• SBD4 (Bidder's Disclosure) is a mandatory returnable document – complete and sign it in full.
• Automatic disqualification applies if the bidder or any director/trustee/shareholder/member/partner or person with a controlling interest is listed on the National Treasury’s Register for Tender Defaulters or the List of Restricted Suppliers.
• False or incomplete declarations will lead to bid rejection and may trigger action under PFMA SCM Instruction, the Competition Act, and the Prevention and Combating of Corrupt Activities Act.
• Ensure all declaration fields are accurately filled: state employment details, relationships with procuring institution employees, and interests in other related enterprises.

• Complete and submit the SBD4 – Bidder's Disclosure form as a returnable document.
• The form requires the following declarations:

1. State employment: Indicate YES/NO if the bidder or any director/trustee/shareholder/member/partner or person with controlling interest is employed by the state. If YES, provide a table with full name, identity number, and name of state institution.
2. Relationship with procuring institution employees: Indicate YES/NO if the bidder or any connected person has a relationship with an employee of the procuring institution. If YES, furnish particulars.
3. Interest in other related enterprises: Indicate YES/NO if the bidder or any director/trustee/shareholder/member/partner or person with controlling interest has an interest in any other related enterprise. If YES, furnish particulars.
4. Certification of independent bidding, non-collusion, non-disclosure of bid terms, no improper communication with officials, and awareness of penalties for corrupt/anti-competitive practices.

• The declaration must be signed and dated by an authorised signatory, with their position and the bidder’s name printed.
• Failure to complete this form truthfully and in full will result in disqualification and possible legal consequences.

Not listed on National Treasury's Register for Tender Defaulters or List of Restricted Suppliers. No undisclosed conflicts of interest including state employment of controlling parties, relationships with procurement officials, or undisclosed interests in related enterprises. Must comply with PFMA SCM Instruction 02/2022 and Prevention and Combating of Corrupt Activities Act.

• Bidder must not appear on the Register for Tender Defaulters or the List of Restricted Suppliers.
• Declare whether the bidder or any director/trustee/shareholder/member/partner or person with controlling interest is employed by the state; if yes, provide full names, identity numbers, and the name of the state institution.
• Declare any relationship with any person employed by the procuring institution; if yes, furnish particulars.
• Declare any interest in other related enterprises (whether bidding or not); if yes, furnish particulars.
• Certify that the bid was prepared independently, without consultation, communication, agreement or arrangement with any competitor regarding quality, quantity, specifications, prices, methods of calculation, market allocation, intention to bid, or delivery particulars (joint venture/consortium communication excluded).
• Certify that bid terms have not been disclosed to any competitor before the official bid opening or award.
• Certify no consultations, communications, agreements or arrangements with any official of the procuring institution regarding this procurement, except for required clarifications; and that the bidder was not involved in drafting the specifications/terms of reference.
• Acknowledge that suspicious bids may be reported to the Competition Commission for investigation and administrative penalties (Competition Act s59), to the National Prosecuting Authority for criminal investigation, and may result in restriction from public sector business for up to 10 years (Prevention and Combating of Corrupt Activities Act).
• Sign and date the declaration; the signatory must state their position and the bidder’s name.

• The Ports Regulator of South Africa (PRSA) invites quotations for organisational establishment, operating model, function transfer, and workforce transition support services for the Transport Economic Regulator (TER).
• TER is being established under the Economic Regulation of Transport Act, 2024, as a national public entity for economic regulation of transport infrastructure and services.
• The service provider will support refinement and validation of the Draft End-State Organisational Structure, development of an operating model, workforce transition planning, migration of functions and employees from PRSA, job profiling and grading, and organisational change management.
• The assignment involves phased migration of employees and functions from PRSA to TER, requiring practical, implementation-focused support with experience in organisational establishment, institutional transition, workforce migration, and regulatory/public sector environments.
• The purpose is to support TER's establishment through: refinement/validation of the organisational structure; development of a fit-for-purpose operating model; skills review, mapping, and workforce assessment; support for migration of PRSA functions and employees; advisory support on Section 197 transfers; development/refinement of job profiles and facilitation of job evaluation; support for organisational change management and stakeholder engagement; and development of a practical implementation roadmap.
• Project duration is expected to be six months from appointment, subject to an agreed project plan.

• Closing Date and Time: 13 July 2026 at 12:00 (midday).
• RFQ Issue Date: 07 July 2026.
• Briefing Session: None specified.

• For submission and queries: Email [email protected].
• No other contact details (phone, address, department) are provided in the document.

• Submit your quotation via email to [email protected] by the closing date and time.
• Ensure your submission includes all requested information; late or incomplete submissions will be invalidated.
• Required returnable documents include:

• Proof of Central Supplier Database (CSD) registration.
• Completed and signed SBD 4 and SBD 6.1 forms.
• Completed POPIA consent form.

• Provide your company details: supplier name, postal address, CSD number, telephone, fax, email, contact person, cell number, and signature.

LOCATION FOR [email protected]

Bidders must submit responses via e-mail at: [email protected] before or on the stipulated date and time.

information as requested and return your quotation on or before the date and time stipulated above. Late and incomplete submissions will invalidate the quote submitted.

Maaa number (csd NO):

5.1.1 The bidder must submit proof of registration on CSD (Central Supplier Database).

5.1.2 The SBD 4, and 6.1 forms must be completed, signed by the authorised company representative.

5.1.3 Completed POPIA consent form

Registered on Central Supplier Database (CSD). Minimum 5 completed projects in last 10 years demonstrating experience across 8 competency areas (organisational design, public sector/regulator/SOE, institutional separation/mergers/function transfer, workforce transition/skills mapping, Section 197 advisory, job evaluation/grading, change management, PFMA governance). At least 1 project for public entity/regulator/SOE/government. Project team must collectively meet all 5 specialist role requirements with NQF Level 7+ qualifications and specified years of experience. Must score ≥60% on functionality evaluation.

Scope of Work:

• Organisational Design Review and Validation: Review and validate the Draft End-State Organisational Structure; assess alignment, spans of control, governance, efficiency, and gaps. Deliverable: Organisational Design Assessment Report.
• Operating Model Development: Define core regulatory functions, decision-making processes, governance, delegations, stakeholder interfaces, business capabilities, service models, and workflows. Deliverable: TER Operating Model with implementation recommendations.
• Skills Review, Mapping and Workforce Assessment: Conduct skills audit of PRSA employees; assess qualifications, map skills to TER model, assess readiness, identify gaps and future capabilities. Deliverable: Skills Audit, Mapping and Gap Analysis Report.
• Function Transfer and Workforce Transition Framework: Assess functions to be transferred; develop transfer framework, map to structure, identify staffing implications, develop placement principles, migration options, and risk assessment. Deliverable: Framework including Role Alignment Matrix, Workforce Transition Plan, and Transition Risk Assessment.
• Section 197 and Labour Transition Support: Provide specialist advice on Section 197 transfers; assess labour implications, develop employee migration framework, support consultation planning, identify risks. Deliverable: Section 197 Advisory Report and Employee Migration Framework with guidelines. Note: Legal opinions remain TER's responsibility.
• Job Profiling, Evaluation and Grading: Develop/refine job profiles; define roles, conduct job evaluation using recognised methodology, provide grading recommendations, benchmarking, and governance documentation. Deliverable: Job Profiles and Job Evaluation and Grading Report.
• Change Management and Stakeholder Engagement: Develop change management strategy and stakeholder engagement/communication plan; identify risks, support employee engagement, facilitate sessions. Deliverable: Change Management and Stakeholder Engagement Strategy.
• Transition Roadmap and Implementation Planning: Develop practical roadmap including transition phases, milestones, governance points, workforce and operating model activities, resources, risks, and dependencies. Deliverable: Transition and Implementation Roadmap with Phased Plan, Risk Register, and Final Project Report.

Project Duration: Expected completion within six months from appointment, subject to agreed project plan.

• Your proposal must include a detailed methodology covering all workstreams: organisational design validation, operating model development, skills mapping, employee migration and placement, Section 197 advisory support, job evaluation and grading, and change management.
• The methodology should demonstrate a clear understanding of the project, be logical and implementable, include a realistic project plan with activities, milestones, deliverables, and timelines, and show appropriate governance, resource allocation, quality assurance, and risk management.
• Align your approach with public sector/regulatory environments and demonstrate innovation and practicality.

• The bidder must demonstrate extensive experience in organisational establishment, operating model development, workforce transition, and institutional transformation, particularly within public sector, regulator, or state-owned entity environments.
• Provide evidence of at least five completed projects in the last ten years covering: organisational design and operating model development; public sector/regulator experience; organisational establishment, institutional separation, mergers, demergers, or transfer of functions; workforce transition, skills mapping, and employee migration; Section 197 advisory services or transfer processes; job evaluation and grading; organisational change management; and PFMA governance within public entities.
• Projects must be supported by signed reference letters on client letterhead with scope, dates, and contact details. At least one project must be for a public entity, regulator, state-owned entity, or government institution.
• The proposed project team must include specialists with specific qualifications and experience:

• Lead Organisational Design Specialist: NQF Level 7+ in relevant field, 10 years' experience in organisational design and operating model development, leadership of at least three organisational establishment or transformation projects, public sector/regulator experience, and multidisciplinary team leadership.
• Labour Relations/Employment Law Specialist: NQF Level 7+ in relevant field, 8 years' experience, Section 197 advisory experience, and public sector labour relations experience.
• Job Evaluation and Grading Specialist: NQF Level 7+, 5 years' experience in job evaluation and grading, use of recognised methodologies, and public sector experience.
• Change Management Specialist: NQF Level 7+, 5 years' experience in organisational change management, workforce transition and transformation programmes, and development/implementation of change management strategies for public sector reform.
• Public Sector Governance Specialist: NQF Level 7+, 5 years' experience in public sector governance, PFMA governance and Schedule 3A public entities, and experience within regulators, public entities, or state-owned entities.

• Submit detailed CVs and certified copies of qualifications for all proposed resources. A resource can fulfil multiple roles if they meet the minimum requirements for each.
• Additionally, identify which reference projects demonstrate experience in Section 197 advisory services, workforce transition, function transfer, labour consultation, framework development, and public sector institutional transformation.

• Central Supplier Database (CSD): Proof of registration required.
• B-BBEE Compliance: Submit valid B-BBEE certificate or sworn affidavit with completed SBD 6.1 form to claim specific goals points.
• Tax and other standard compliance documents (e.g., SBD 4) are required as part of administrative requirements.

• B-BBEE compliance is a specific goal evaluated in Phase 3.
• Submit a valid B-BBEE certificate or sworn affidavit along with the completed SBD 6.1 form.
• All B-BBEE levels will be considered and allocated points as per SBD 6.1.
• Failure to submit the required proof will result in 0 points for specific goals.

• For any queries or questions, use the email address: [email protected].

The document does not describe the tender scope. It focuses on POPIA consent: Bidders must consent to the processing of their personal information for the Supplier Declaration Form and confirm awareness of their rights.

For complaints regarding the processing of personal information by the Ports Regulator, contact the Information Regulator via email: [email protected] or through their website: https://www.justice.gov.za/inforeg/.

Returnable Documents: The bidder must complete and submit the Supplier POPIA Consent Form with the following details: Legal Name of Supplier, Company Registration Number/ID Number, Name of Authorised Representative, Signature, and Date of Signature.

The bidder must complete and return the Supplier POPIA Consent Form with the following details: Legal Name of Supplier, Company Registration Number/ID Number, Name of Authorised Representative, Signature, and Date of Signature.

The document does not specify technical or functional eligibility criteria for the service provider role. It only establishes POPIA compliance requirements for submitting personal information during the bidding process. The actual service requirements (organisational establishment, operating model, function transfer, workforce transition) would be detailed in the main Terms of Reference (ToR) which is not included in this document.

The document does not contain technical specifications for the services. It outlines POPIA consent requirements: Bidders must consent to the processing of their personal information for the purpose of the Supplier Declaration Form and confirm awareness of their rights under POPIA Section 5.

Bidders must comply with the Protection of Personal Information Act (POPIA). Key requirements include: Consent to personal information processing for vendor registration and payment facilitation; Verification on the Central Supplier Database (CSD); Indemnification of the Ports Regulator against liabilities from submitted personal information; Adherence to POPIA principles: Accountability, Processing limitation, Purpose specification, Further processing limitation, Information quality, Openness, Security safeguards, and Data subject participation.

The document does not contain health and safety requirements. It discusses personal information processing for purposes including risk assessment, vendor management, CSD verification, contract award, management, auditing, legal matters, investigations, document storage, destruction, de-identification, and publishing.

Key contractual terms from the POPIA consent include: The Respondent (bidder) indemnifies the Ports Regulator against any civil or criminal action, fines, or losses arising from the processing of submitted personal information. The Ports Regulator is the Responsible Party and the Respondent is the Data Subject; personal information will be treated confidentially and not disclosed unless required by law. Both parties must process each other's personal information in the same manner during the bidding process. The Ports Regulator will implement security measures to protect information and notify the Respondent of any unauthorised access or cybercrimes. The Respondent has rights to request confirmation, correction, deletion, or objection to processing of their personal information under POPIA.

General requirements from the POPIA consent include: Compliance with POPIA principles: Accountability, Processing limitation, Purpose specification, Further processing limitation, Information quality, Openness, Security safeguards, and Data subject participation. Bidders must be aware of their rights under POPIA Section 5.

The document does not contain evaluation criteria for the tender. It references POPIA compliance principles: Accountability, Processing limitation, Purpose specification, Further processing limitation, Information quality, Openness, Security safeguards, and Data subject participation.