ANNEXURE “H”

TERMS OF REFERENCE

CIPC BID NUMBER:09/2015/2016

DISCRIPTION: INVITATION TO SERVICE PROVIDERS FOR

THE PROCUREMENT OF A BUSINESS PROCESS MANAGEMENT (BPM) TOOL

1.TERMS AND CONDITIONS OF REQUEST FOR TENDER (RFT)

  1. CIPC’s standard conditions of purchase shall apply.
  2. Late and incomplete submissions will not be accepted.
  3. Any bidder who has reasons to believe that the RFT specification is based on a specific brand must inform CIPC before RFT closing date.
  4. Bidders are required to submit an original Tax Clearance Certificate for all price quotations exceeding the value of R30 000 (VAT included). Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of this RFT. Certified copies of the Tax Clearance Certificate will not be acceptable.
  5. No services must be rendered or goods delivered before an official CIPC Purchase Order form has been received.
  6. This RFT will be evaluated in terms of the 90/10 system prescribed by the Preferential Procurement Regulations, 2001.
  7. The Government Procurement General Conditions of contractors (GCC) will apply in all instances.
  8. As the commencement of this project is of critical importance, it is imperative that the services provided by the Service Provider are available immediately. Failing to commence with this project immediately from date of notification by CIPC would invalidate the prospective Service Provider’s proposal.
  9. No advance payment(s) will be made. CIPC will pay within the prescribed period as per the PFMA.
  10. All price quoted must be inclusive of Value Added Tax (VAT)
  11. The successful Service Provider must at all times comply with CIPC’s policies and procedures as well as maintain a high level of confidentiality of information.
  12. All information, documents, programmes and reports must be regarded as confidential and may not be made available to any unauthorised person or institution without the written consent of the Commissioner or her delegate.
  13. The Service Provider is restricted to the time frames as agreed with CIPC for the various phases that will be agreed to on signing of the Service Level Agreement.
  14. CIPC will enter into Service Level Agreement with the successful Service Provider.
  15. Fraud and Corruption:

The Service Provider selected through this Terms of Reference must observe the highest standards of ethics during the performance and execution of such contract. In pursuance of this policy, CIPC Defines, that for such purposes, the terms set forth will be as follows:

15.i.1."Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of CIPC or any personnel of Service Provider(s) in contract executions.

15.i.2."Fraudulent practice" means a misrepresentation of facts, in order to influence a procurement process or the execution of a contract, to CIPC, and includes collusive practice among bidders (prior to or after Proposal submission) designed to establish Proposal prices at artificially high or non-competitive levels and to deprive CIPC of the benefits of free and open competition;

15.i.3.“Unfair trade practices” means supply of services different from what is ordered on, or change in the Scope of Work;

15.i.4.”Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the execution of contract;

15.i.5.CIPC shall reject a proposal for award, if it determines that the bidder recommended for award, has been engaged in corrupt, fraudulent or unfair trade practices;

15.i.6.CIPC shall declare a Service Provider ineligible, either indefinitely or for a stated period of time, for awarding the contract, if it at any time it determines that the Service Provider has been engaged in corrupt, fraudulent and unfair trade practice including but not limited to the above in competing for, or in executing, the contract.

I, the undersigned (NAME)………………………………………….………………………………………certify that :

I have read and understood the conditions of this Request for Tender (RfT).

I have supplied the required information and the information submitted as part of this RFT is true and correct.

…………………………………..……………………………………..

SignatureDate

  1. INTRODUCTION

CIPC’s mandate is the registration of companies, close corporations, cooperatives and intellectual property rights. Related services include the disclosure of information as well as dispute resolution arising out of infringements to these rights. Therefore, CIPC needs to ensure the integrity and efficiency of its processes in order to provide accurate of information.

  1. Background

The CIPC’s Process Architecture comprises the following disciplines:

  • The CIPC Macro Value Stream
  • CIPC Business Principles & Standards
  • BPM Suite (Process Modelling Repository & Tools)
  • Process Engineering Methodology & Standards
  • Process Management Operational Processes Templates

The CIPC strives to have an end-to-end view of the organization and to understand how the organisation is structured in order to execute its strategy via value adding, end-to-end processes and how these processes are supported by the human- and technology resources for execution. It is also crucial to understand the corresponding key performance business areas and supporting key performance indicators that must be in place on a strategic level and filtered through the processes to different levels of the organization, whether HR, process and/or technology - for execution.

To this end, the CIPC seeks to procure a Business Process Management (BPM) Tool that will meet the organisations current and future requirements.

Objective

In order to create a process capability within the CIPC, the following objectives are relevant to the Business Process Architecture:

1.Provide a common basis / mechanism, organisation wide, for understanding process.

  • Process documentation and requirements definition;
  • Process modelling architecture;
  • Process repository management; and
  • Metrics and data codification.

2.Provide a structured approach to process analysis, workflow design and implementation.

  • Process Engineering & Workflow Methodology / Framework.

3.Facilitate the translation of Organisational Business Strategy requirements into Process Strategy while concurrently providing the organisation with guidance from a process perspective.

  • Validation and/or definition of the Organisation’s Macro Value Stream (High Level processes linked to Value);
  • Executive ownership of the Macro Value Stream; and
  • Process Strategy and Principles Definition.

4.Provide the ability to ensure effective process management and control, as well as the mechanisms to ensure compliance.

  • Provide input criteria for quality assurance function;
  • Identify and define process control and reporting mechanism; and
  • Develop and conduct unit and organisational process training and education.

SCOPE OF WORK

The scope of work to be covered will be in accordance to the BPMS Approach explained below.

THE SOLUTION

1.1Methodology and Use

  • Support for industry-accepted methods (e.g. Six Sigma);
  • Support for rules, decisions; events, monitoring and analytics; and
  • Simulation, deployment & execution.

1.2Business Process Templates

  • Ability to customise (i.e. Business Policy); and
  • Versioning – ability to have multiple versions of documents;

1.3Management and Administration

  • User Interfaces;
  • Defined roles and access privileges (Example: Process Owner);
  • Scalability (i.e. growth for user access); and
  • Search capabilities (e.g. Ability to search for processes, roles & responsibilities).

1.4Integration

  • Integrate into CIPC’s existing technologies and/or platform(s);
  • Ability to integrate with packaged vendors (i.e. to leverage of their core functionality); and
  • Ability to integrate with model driven architectures (i.e. allows for development to focus on modelling the solution and less on platform technology).

1.5Performance and Scalability

  • Support for distributed process management (multiple users); and
  • Collaboration tools, i.e. BA’s & IT.

1.6Costing

  • Software cost;
  • Additional hardware cost (if applicable);
  • Installation cost;
  • Maintenance and Technical Support cost; and
  • Licensing costs which include:
  • Named user licensing (based on number of users);
  • Perpetual License (outright purchase);
  • Subscription license (user and super user training and orientation).

1.7Support & Mentoring

  • Local availability of technical advice and support.

COMMUNICATION

Communication will be done as follows:

  • Introductory meeting at CIPC offices to give background and discuss expectations.

DELIVERY

As per the Service Level Agreement.

DURATION OF CONTRACT

As per the Service Level Agreement.

PRICING

Prospective bidders must submit a comprehensive proposal.

The onus is upon the prospective bidders to take into account all costs for the duration of the BMPS Implementation Approach period and CLEARLY indicate the price increase structure.

The total price must be carried over to the pricing schedule and will be used to evaluate the bids. Prices must be firm and pricing information should not be included in the technical proposal. (MUST BE PLACE ON A SEPARATE SEALED ENVELOP

NB: Failure to comply with the above-mentioned pricing requirement will invalidate /disqualify the bid.

IMPORTANT NOTICE:

  • Price adjustments based on the Rate of Exchange (ROE) will only be considered on a quarterly basis this will allow sharing the risk between the State (CIPC) and the supplier.
  • It should, however, be emphasized that price adjustments based on ROE fluctuations, will be allowed only on the imported contents of the commodity and to meet only the suppliers’ additional costs of the imported content.
  • Supplier to provide proof where necessary.

CIPC reserves the right to procure other items not mentioned above outside of this contract.

EVALUATION PROCESS

Responsiveness Criteria: Failure to provide the following might result in a bid not to be considered: (mandatory requirements)

a)Bid offers must be properly received on the tender closing date and time specified on the invitation, fully completed and signed in ink as per Standard Conditions of Tender.

b)Submission and completion of the Declaration of Interest.

c)Submission of an original and valid Tax Clearance Certificate.

d)Submission of the company’s registration certificate from the Register of Companies (CIPC).

The evaluation will be completed in 3 phases:

  • Phase 1: Compliance to minimum requirements
  • Phase 2: Functional evaluation
  • Phase 3: Pricing and Preferential Procurement policy

Phase 1: Compliance to minimum requirements

During Phase 1 all bidders will be evaluated to ensure compliance to minimum document requirements (ex. Tax Clearance Certificates), ensuring all documents have been completed and that the specified documentation has been submitted in accordance to the bid requirements. All bidders that comply with the minimum requirements will advance to Phase 2.

Phase 2: Functional evaluation

All bidders that advance to Phase 2 will be evaluated by a panel to determine compliance to the functional requirements of the bid. The evaluation will be conducted on all information provided by Bidders as and Phase1 will entail the “functionality” and only bids scoring 60% and above will proceed to Phase 3.The functional evaluation will be rated out of 100 points and will be determined as follows:

The BPM Tool Evaluation Criteria will be done in accordance with the following criteria:

No. / EVALUATION CRITERIA / Rating / Weight / Total
1 / 2 / 3 / 4 / 5
1. / Built /
  • Windows
  • BPMN 2.0
  • Workflow
  • Rules Based Decisions
  • Collaboration Tools
  • BPMN Syntax Check
  • Process Documentation
  • User Interfaces
  • Value Chain Modelling
  • Access Rights
/ 60
Run /
  • Web based
  • Easy deployment
  • Simulate
  • Process Repository
  • Rules Engine
  • Integration

Report /
  • Audit Trails
  • Governance & Compliance
  • Reporting Dashboard
  • Optimise processes for KPI’s
  • Case Management

Support /
  • Technical advice and support

(a)2. / Proven experience in providing similar tolls specified in the scope of requirements to other organizations similar to CIPC. Provide written and contactable references.
1 - < 3 years.
2 - = 3 years.
3 - > 3 years.
4 - = 5 years.
5 - > 5 years.
(b) / 40
Total / 100

Bidders scoring less than 60 points in Phase 2 will not be eligible for Phase 3 evaluation i.e. pricing and preferential procurement.

Please provide details for all the above information to enable proper evaluation.

Bids will be evaluated in accordance with the 90/10 preference point system contemplated in the Preferential Procurement Policy Framework Act (Act 5 of 2000 as amended 2011).

Price and HDI:

The price and HDI and will be evaluated in accordance with the 90/10 preference point system as stated in table 4 below:

Table 4: Price and HDI preference point system

FUCTION / WEIGHT
Price / 90 points
HDI / 10 points
TOTAL / 100 points

Please Note:

CIPRO 6.1 Preference Points Claim Form in terms of the PPPFA is attached for claiming above mentioned points, if not completed the company will automatically score 0 points.

16.SUBMISSION OF PROPOSALS

Sealed proposals will be received at the:

Tender Box at the Reception,

77 Meintjies Street

Sunnyside

thedticampus, Block F.

Proposals should be addressed to:

Manager (Supply Chain Management)

Companies and Intellectual Property Registration Office

Block F,

thedti Campus,

77 Meintjies Street,

Sunnyside

PRETORIA

  1. ENQUIRIES
  1. SUPPLY CHAIN QUERIES TO BE ADDRESSED TO

Mr. Solomon Motshweni OR Ms Ntombi Maqhula

Email: /

  1. TECHNICAL QUERIES TO BE ADDRESSED TO

Mr. Daniel Nyathi

Tel: 012 394 5007

Email:

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