Who should be contacted for queries about this tender?

{"name":null,"email":"Londiwe.zuma@kzntransport.gov.za","phone":"033 355 0475","department":"OF TRANSPORT","address":"NTACT PERSON Dikeledi Mnyandu"}

Forensic Investigation Services – KZN Government RFQ Tender

• Conduct forensic investigations into material irregularities • 12-month service period • RFQ submission required by 2026/07/08

The appointment of a service provider to conduct forensic investigations into material irregularities for a period of 12 months (7)

• Conduct forensic investigations into material irregularities • 12-month service period • RFQ submission required by 2026/07/08

The appointment of a service provider to conduct forensic investigations into material irregularities for a period of 12 months (7)

BID NUMBER: ZNQ00455/00000/00/HOD/GEN/26/T CLOSING DATE: 08 JULY 2026 CLOSING TIME: 11:00AM DESCRIPTION IRREGULARITIES FOR A PERIOD OF 12 MONTHS iNkosi Mhlabunzima Maphumulo House Pietermaritzburg, 3201

{"closingDate":"08 JULY 2026","closingTime":"11:00AM","briefingSession":"{\"date\":\"18 January 2023\",\"time\":null,\"venue\":\"real empowerment can\",\"is_compulsory\":false}"}

{"name":null,"email":"[email protected]","phone":"033 355 0475","department":"OF TRANSPORT","address":"NTACT PERSON Dikeledi Mnyandu"}

SIGNATURE OF BIDDER: CAPACITY UNDER WHICH THIS BID IS SIGNED: (Proof of authority must be submitted e.g. company resolution) DATE: AUTHORITY TO SIGN A BID: BID Number: ZNQ00455/00000/00/HOD/GEN/26/T- THE APPOINTMENT OF A SERVICE PROVIDER TO CONDUCT FORENSIC INVESTIGATIONS INTO MATERIAL IRREGULARITIES FOR A PERIOD OF 12 MONTHS The bidder must indicate the enterprise status by signing the appropriate box here under. (I) (II) (III) (IV) (V) (VI) CLOSE COMPANIES SOLE PARTNERSHIP CO-OPERATIVE JOINT VENTURE / CORPORATION PROPRIET CONSORTIUM OR Incorporated Unincorporated I/We, the undersigned, being the Member(s) of Cooperative/ Sole Owner (Sole Proprietor)/ Close Corporation/ Partners (Partnership)/ Company (Representative) or Lead Partner (Joint Venture / Consortium), in the enterprise trading as: hereby authorise Mr/Mrs/Ms acting in the capacity of whose signature is to sign all documents in connection with this bid and any contract resulting therefrom on behalf of the enterprise. (if the space provided is not enough, please list all the directors in the resolution letter) Note: Members of the enterprise must complete this form in full according to the type of enterprise, authorising the signatory to sign all documents in connection with this bid and any contract resulting therefrom on behalf of the enterprise. Note: Director/s may appoint themselves if they will be the one to sign all documents in connection with this bid and any contract resulting therefrom on behalf of the enterprise.

Bidders must be tax compliant with SARS, not be persons in service of the state or companies with state-employed directors, submit valid B-BBEE certificate or sworn affidavit, and comply with all tender conditions. Late bids, incomplete submissions, or bids with uninitialled alterations will be disqualified.

1.1. The KwaZulu-Natal Department of Transport (the Department) seeks to appoint an independent, suitably qualified and experienced

service provider to conduct a comprehensive investigation into Material Irregularities (MI 01 and MI –26) as identified by the

Auditor-General of South Africa (AGSA) and the road P242.

1.2. The Material Irregularities relate to failures by the Department to take effective and appropriate steps to collect money due to the

Department, in contravention of section 38(1)(c)(i) of the Public Finance Management Act, 1999 (PFMA). These matters are monitored

directly by AGSA and are subject to strict remedial action timeframes.

1.3. Given the materiality, complexity, and urgency of the matters, as well as the need for independence and objectivity, the Department

intends to appoint an external service provider through Supply Chain Management (SCM) processes.

2. Objectives of the assignment

The objectives of the investigation are to:

2.1. Establish the facts and circumstances that led to the identified Material Irregularities;

2.2. Review of all payments made to contractors for the project, to verify the accuracy of certified work quantities against actual work

performed on road P242, and to determine whether any overclaiming, overpayment, or irregular certification occurred, including

identifying responsible officials.

2.3. Determine the extent of financial loss suffered by the Department;

2.4. Assess whether the Department received value for money;

2.5. Identify acts of wrongdoing, negligence, maladministration, or breach of fiduciary duties;

2.6. Determine accountability of officials, consultants, and/or contractors;

2.7. Support appropriate corrective and consequence management actions;

2.8. Enable the Department to submit credible and defensible remedial action reports to AGSA.

The service provider shall perform, but not be limited to, the following:

3.1. Value for Money Assessment

3.1.1. Evaluate whether projects were executed in accordance with contractual, financial, and technical requirements;

3.1.2. Quantify penalties not imposed, standing time costs incurred, and other financial losses;

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3.1.3. Identify amounts recoverable from contractors or consultants.

3.2. Investigation of Wrongdoing and Consequence Management

3.2.1. Identify any misconduct, negligence, maladministration, or breach of contract;

3.2.2. Assess compliance with PFMA, Treasury Regulations, General Conditions of Contract (GCC), and professional standards;

3.2.3. Recommend appropriate disciplinary, civil recovery, and/or criminal actions.

3.3. Project Accountability

3.3.1. Review decision-making processes, delegations of authority, and approvals;

3.3.2. Assess the roles and responsibilities of officials, consultants, and contractors;

3.3.3. Identify systemic weaknesses in project and contract management.

3.4. Project Quality and Technical Compliance

3.4.1. Evaluate engineering designs, supervision, and construction quality;

3.4.2. Assess compliance with applicable engineering standards and contractual requirements;

3.4.3. Determine whether poor design, supervision, or contract administration contributed to delays and losses.

Post-Investigation support and Testimony includes attendance at hearings, consultations with legal representatives, and submission of affidavits or expert statements where necessary.

The Bidder will score zero (0) if they have not bidder shall score 0.

executed any forensic investigation

projects/assignments.

2. Qualifications and Experience of The bidder will score 20 points if the proposed 30 Copy of Qualifications and

the proposed team/personnel team meets all requirements and has Detailed CV with clear

each team. undertaken and led two (4 or more) Forensic description of similar project,

Personnel MUST: possess either prescribed under the criteria/scope of work and period when the project was

one of the qualifications The bidder will score 10 points if the proposed undertaken.

team meets all requirements and has

1. Forensic Auditors undertaken and led two (3 or more) Forensic Copy of Professional

3. Project leader /Independent The Project leader will score 15 points if they 20 Copies of qualifications and

Investigator must have a meet all requirements and possess 10 or More Detailed CV’s with clear and

bachelor’s degree (NQF 7) in legal years of experience in legal experts Forensic detailed description of

/law or Forensic Auditing, Public Investigation or Governance or Risk experience, period and how and

Administration, Business Management (advantageous). where the experience was

related field coupled with 10(Ten) The Project Leader will score 05 points if they Attached reference letters of

years’ experience in legal experts or meet all requirements and possess 5 or more experience from clients

Investigator must be registered as a The Project Leader will score zero (0) if they

member with ACFE, IIA, or SAIGA. have NO years of experience in Legal experts

or Forensic Investigation or Governance or Risk

Management (advantageous).

Total 80

Note: The total functionality score is 100. Bidder must score 80% and more in order to proceed to the next stage of evaluation

Private Bag X9043, PIETERMARITZBURG, 3200 Supply Chain Management

Inkosi Mhlabunzima Maphumulo House, 172 Burger Street, Pietermaritzburg, 3201

Tel: 033 355 0641 Fax: 033 355 8063 [email protected]

Terms of reference (tor)

Appointment of an Independent Service Provider to Investigate Auditor-General of South Africa (AGSA) Material

Irregularities as per MI 01, MI –26 and to investigate the rehabilitation project on road P242.

1. Introduction

1.1. The KwaZulu-Natal Department of Transport (the Department) seeks to appoint an independent, suitably qualified and experienced

service provider to conduct a comprehensive investigation into Material Irregularities (MI 01 and MI –26) as identified by the

Auditor-General of South Africa (AGSA) and the road P242.

1.2. The Material Irregularities relate to failures by the Department to take effective and appropriate steps to collect money due to the

Department, in contravention of section 38(1)(c)(i) of the Public Finance Management Act, 1999 (PFMA). These matters are monitored

directly by AGSA and are subject to strict remedial action timeframes.

1.3. Given the materiality, complexity, and urgency of the matters, as well as the need for independence and objectivity, the Department

intends to appoint an external service provider through Supply Chain Management (SCM) processes.

8.1. Project Leader / Independent Investigator

8.1.1. Bachelor’s degree in law, Forensic Auditing, Public Administration, Business Administration, or related field;

8.1.2. Postgraduate qualification in Forensic Investigation, Governance, or Risk Management (advantageous);

8.1.3. Minimum 10 years’ experience in forensic or public sector investigations;

8.1.4. Registration/membership with ACFE, IIA, or SAIGA.

8.2. Registered Professional Engineer

8.2.1. Bachelor’s degree in civil engineering;

8.2.2. Minimum 10 years’ experience in infrastructure projects;

8.2.3. Registration with ECSA as a Professional Engineer (Pr Eng).

8.3. Project / Investigation Manager

8.3.1. Bachelor’s degree in project management, Engineering, or Construction Management;

8.3.2. 8–10 years’ experience managing complex projects or investigations;

8.3.3. Professional registration with PMSA, SACPCMP, or equivalent.

8.4. Quantity Surveyor

8.4.1. Bachelor’s degree in quantity surveying;

8.4.2. Minimum 8 years’ experience;

8.4.3. Registration with SACQSP.

8.5. Financial / Forensic Accountant

8.5.1. Bachelor’s degree in accounting, Finance, or Auditing;

8.5.2. Postgraduate qualification in Forensic Accounting or Public Finance (advantageous);

8.5.3. Minimum 8 years’ experience;

a. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.

5. Use of contract documents and information; inspection.

a. 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.

b. 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.

c. 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.

d. 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.

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.

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.

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Sbd 3.1

Pricing schedule – firm prices

(Purchases)

Note: only firm prices will be accepted. Non-firm prices (including prices subject to rates of

Exchange variations) will not be considered

Pricing schedule(s);

Tax compliance central

Tax compliance status system pin code

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS website

Tcs pin is available but the bidder is registered on the central supplier database (csd), a csd

Csd number

Csd number must be provided

Central supplier database (csd), a csd

(if the space provided is not enough, please list all the directors in the resolution letter)

2. Tax compliance requirements

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS website

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

VAT registration number

Supplier compliance tax compliance central

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

B-BBEE Details: PRICE (ALL THRESHOLD

Status

Description of applicable completion for local

Level of

Service taxes date production

Contributi

Included) and

CONTENT (if

applicable)

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

Signed at .............................................ON......................................

Name (print) .................................................

Signature ................................................

Official stamp

Witnesses

1 ................................

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

Date: ...................................

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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 anything 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 o

B-BBEE STATUS LEVEL TICK APPLICABLE BOX] B-BBEE STATUS LEVEL SWORN [TICK APPLICABLE BOX] [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

completed online without changing any words. Photocopies of the original Bids documentation may

be used, but an original signature must appear on such photocopies.

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

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4.6. 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:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to

the satisfaction of the organ of state that the claims are correct;

iv) 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 –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of

that person’s conduct;

result of having to make less favourable arrangements due to such

cancellation;

(d) 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

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer(s)

Surname and name: ................................................................

Date: ...............................................................

Address: ...............................................................

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

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 anything 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.

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

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.

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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 cancelling 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.

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.

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.

6.1. The investigation must be completed within 8–12 weeks from the date of appointment.

6.2. Timeframes must align with AGSA Material Irregularity remedial action requirements.

6.3. Any anticipated delays must be reported immediately with mitigation measures.

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

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

15.4 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.

15.5 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

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.

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.

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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 cancelling 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:

(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.

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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:

a. the name and address of the supplier and / or person restricted by the purchaser;

b. the date of commencement of the restriction

c. the period of restriction; and

d. the reasons for the restriction.

23.6.1 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. , 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 antidumping 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.

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

(b) the purchaser shall pay the supplier any monies due the supplier.

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28 Limitation of liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement pursuant to Clause 6;

i. 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

ii. 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 Governing language

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

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.

34. Prohibition of Restrictive practices

34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an agreement between, or

concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal

relationship and if a bidder (s) is / are or a contractor(s) was / were involved in collusive bidding (or bid rigging).

34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has / have

engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition

Commission for investigation and possible imposition of administrative penalties as contemplated in the Competition

Act No. .

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Functionality Criteria

A bidder that scores less than 80% in respect of functionality will be regarded as submitting a non-responsive proposal

and will be disqualified from further evaluation.

Criterion Description Point Means of verification

allocated

1. Bidder/Company must have Demonstrate proven relevant experience in Registered with Law Society of

competencies and experience the field of forensic investigation composed South Africa.

and a methodology in conducting of proposal. 3 or more Signed confirmation

Forensic investigation -The Bidder will score a total of 20 points if they letter/s (on client’s letterhead).

have executed Three (3) or more forensic work experience

investigations projects/assignments with any 30 Letter/s must have all valid and

company or governments each and have working contact details of the

attached three confirmation letters from client.

clients/s.

The Bidder will score a total of 10 points if they The department will contact the

have executed Two (2) forensic investigation clients with the details provided

projects /assignments and have attached (2) to validate the confirmation

Two confirmation letter from client. letters. If found to be invalid, the

The Bidder will score zero (0) if they have not bidder shall score 0.

executed any forensic investigation

projects/assignments.

2. Qualifications and Experience of The bidder will score 20 points if the proposed 30 Copy of Qualifications and

the proposed team/personnel team meets all requirements and has Detailed CV with clear

each team. undertaken and led two (4 or more) Forensic description of similar project,

Investigation experienced project and a as client, and client contact details

Personnel MUST: possess either prescribed under the criteria/scope of work and period when the project was

one of the qualifications The bidder will score 10 points if the proposed undertaken.

team meets all requirements and has

1. Forensic Auditors undertaken and led two (3 or more) Forensic Copy of Professional

2. Civil/Structural Engineers Investigation experienced project and a as registration as member in

3. Quantity Surveyors prescribed under the criteria/scope of work related field. (valid)

4. Legal experts 2 The bidder will score zero (0) if the Proposed

5. Chartered Accountants team /personnel has not undertaken and led any

Forensic Investigation experienced and no

Proposed Personnel qualification obtained as prescribed under the

1.Project Leader/Independent criteria/scope of work and qualifications

2. Registered Professional

Engineer.

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3.Project/Investigation Manager

4.Quantity Surveyor.

5.Financial/Forensic Accountant

3. Project leader /Independent The Project leader will score 15 points if they 20 Copies of qualifications and

Investigator must have a meet all requirements and possess 10 or More Detailed CV’s with clear and

bachelor’s degree (NQF 7) in legal years of experience in legal experts Forensic detailed description of

/law or Forensic Auditing, Public Investigation or Governance or Risk experience, period and how and

Administration, Business Management (advantageous). where the experience was

Administration or Risk Management gained

related field coupled with 10(Ten) The Project Leader will score 05 points if they Attached reference letters of

years’ experience in legal experts or meet all requirements and possess 5 or more experience from clients

Forensic Investigation or years of experience in Legal Experts Forensic Attached a valid proof of

Governance or Risk Management Investigation or Governance or Risk professional registration

(advantageous). Management (advantageous). certificate.

Project leader/ Independent

Investigator must be registered as a The Project Leader will score zero (0) if they

member with ACFE, IIA, or SAIGA. have NO years of experience in Legal experts

or Forensic Investigation or Governance or Risk

Management (advantageous).

Total 80

Note: The total functionality score is 100. Bidder must score 80% and more in order to proceed to the next stage of evaluation

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Risk management

Private Bag X9043, PIETERMARITZBURG, 3200 Supply Chain Management

Inkosi Mhlabunzima Maphumulo House, 172 Burger Street, Pietermaritzburg, 3201

Tel: 033 355 0641 Fax: 033 355 8063 [email protected]

Terms of reference (tor)

Appointment of an Independent Service Provider to Investigate Auditor-General of South Africa (AGSA) Material

Irregularities as per MI 01, MI –26 and to investigate the rehabilitation project on road P242.

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Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

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

Delete if not applicable

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. 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]

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. 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

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.

7.1 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:

7.4 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

7.5 a cashier’s or certified cheque

7.6 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.

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.

11.2 Upon appointment by the Head of Department the service provider will be required to have a Professional Indemnity insurance of

a minimum cover of R1000.000.00

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;

(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.

14.1 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