In terms of the Copyright Act No. 98 of 1978, no part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from KZN Province Department of Cooperative Governance and Traditional Affairs.
APPOINTMENT OF A PANEL OF SERVICE PROVIDERS TO BE APPOINTED AS ADMINISTRATORS OF SECTION 139(1)(b) INTERVENTION MUNICIPALITIES
1. BACKGROUND TO THE PROJECT
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On an adhoc basis the KZN Provincial Cabinet resolves to intervene in the affairs of Local or District Municipality in terms of section 136 (Financial) or section 139 of the Constitution in respect of the Functions and Powers set out in section 51 of the Local Government: Municipal Systems Act, 2000 as amended.
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An intervention may become necessary when the municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including-
(b) assuming responsibility for the relevant obligation in that municipality to the extent necessary to –
(i) maintain essential national standards or meet established minimum standards for the rendering of a service;
(ii) prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or
(iii) maintain economic unity; or
(c) dissolving the Municipal Council and appointing an administrator until a newly elected Municipal Council has been declared elected, if exceptional circumstances warrant such a step.
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A Section 139 intervention would be resorted to where council do not exercise effective oversight over the administration and council decisions are negatively impacting on the finances and functioning of the municipality.
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An Intervention may be extended by The Executive Council based on the rate of progress, poor capacity and outstanding challenges that are yet to be resolved as well as the lack of capacity to sustain progress and meet the objectives of the recovery plan that has been put in place.
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For these reasons, once the Executive Council has resolved to intervene in a municipality, MEC for Cooperative Governance and Traditional Affairs is authorised to appoint her Representative/Administrator to undertake the functions assumed by the Executive Council.
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On appointment the Administrator will report on a monthly basis on progress achieved, highlights the challenges as well as on outstanding targets in respect of the recovery plan put into effect at the commencements of the intervention. The recovery plan will eventually be translated into an exit plan on termination of the intervention.
2. OBJECTIVE
2.1 The objective of this panel of Administrators is for the Department of Co-operative Governance and Traditional Affairs to appoint an Administrator / service provider without delay should the Executive Council resolve to intervene in the affairs of Local or District Municipality in terms of section 139 of the Constitution in respect of the Functions and Powers set out in section 156 of the Constitution of the Republic of South Africa, 1996.
3. DETAILED SCOPE OF WORK
3.1 The project scope is likely to include, inter alia, some or all of the following dependent on the nature of the intervention required:
TERMS OF REFERENCE ADMINISTRATORS
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Undertake the powers and functions set out in section 51 of the Municipal Structures Act, 2000, as amended.
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Prepare and implement a recovery plan for the municipality;
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Ensure that the municipal council meets regularly and in line with section 18(2) of the Structures Act or as often as is necessary to conduct council business, in keeping with council’s Standing Rules and Orders and all applicable legislation, particularly, the Local Government: Municipal Structures Act No. 117 of 1998;
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Revise council’s Standing Rules and Orders and Roles and Responsibilities of office bearers, the municipal manager and any other senior official, to ensure good governance and legality at all council meetings;
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Monitor and assess the adherence to policy, principles and frameworks applicable to council and the administration;
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Address challenges in respect of adherence to such policy, principles and frameworks by reviewing, amending and ensuring adoption and implementation thereof;
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Ratify all decisions of the municipal council and its committees, prior to implementation;
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Ratify all decisions taken by municipal manager and managers directly accountable to the municipal manager in terms of delegated or original authority;
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Review any decisions of the municipal council, its committees and that of the municipal manager or managers directly accountable to the municipal manager for the purposes of ensuring legality;
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undertake the appointment/removal of acting managers in terms section 54A and section 56 of the Municipal Systems Act, 2000 as amended;
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Devise a turn - around strategy for the municipality including a strategy to promote good governance;
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Ensure implementation of council resolutions by the administration;
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Implement a system to control and approve all expenditure;
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Implement all governance systems and procedures including appropriate councillor oversight mechanisms;
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Ensure implementation of financial systems, policies and procedures; and
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Review the organisational structure of the municipality.
3.2 Submit an Exit plan / close-out report to the Department on termination of the Intervention.
3.3 Institutional Arrangements:
The Administrator will be accountable to and under the direction of the Director: Municipal Governance assigned by KZN Department of Co-operative Governance and Traditional Affairs in the performance of his/her activities.
The report submitted by the service provider is subject to acceptance by the Department or its duly authorised representative who will adjudicate on the final submission by the service provider of the completed report, and the Department reserves the right to request the service provider to modify the report before final approval and acceptance by the Department, which service the service provider shall render at no additional cost to the Department.
3.4 Provide monthly reports as well as a project close-out report / exit plan on termination of his/her duties or of the intervention.
4. QUALIFICATION, EXPERIENCE COMPETENCY REQUIREMENTS
The appointed service provider must have:
Inclusion on the panel will be based on knowledge, expertise, understanding, competency and ability. The appointment of a service provider, as and when the need arises, will be based on the strength of the individual required for each particular project. The typical expertise required will include, but not limited to, the following:
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Knowledge of the South African Local Government environment including all relevant local government legislation and competence in the financial and non-financial local government systems.
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A tertiary B degree qualification or a tertiary qualification related to local government field and/or public management is required.
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The service provider must demonstrate skills and competence in the municipal environment and will be required to indicate previous experience in the local government environment.
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Must have been in leadership position(s) in local government.
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Proof of prior experience of undertaking similar projects in the last 5 years must be submitted.
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An established track record in managing local government projects.
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Individuals will be required for this project and not companies.
Required Competencies to include:
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Analytical and diagnostic ability
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negotiation and conflict resolution
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municipal governance, administration and finance
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Ability to draft clear unambiguous reports
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Presentation skills
5. EXPECTED OUTCOMES AND DELIVERABLES
5.1 Devised turn - around strategy for the municipality including a strategy to promote good governance;
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Implementation of council resolutions by the administration;
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Submit an exit plan / close-out report to the Department upon termination of the intervention.
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There may be instances where the appointed Administrator may need to be replaced before the termination of the intervention.
5.5 The project is on an adhoc basis and appointment periods may vary depending on the
duration of the Section 139 intervention.
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The expected outcomes and deliverables will be determined on a project-by-project basis. All the required deliverables for each specific project will be determined based on the needs identified.
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A monthly progress report must be compiled for each specific project.
6. COMPULSORY REQUIREMENTS
The proposal must include the following minimum requirements:
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Individuals CV
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Relevant Experience: Provide evidence of similar work undertaken and achievements by the individual, with contactable references.
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Qualifications: The profile of the proposed Administrator must be submitted in a table format to include the following:
i. Name of Administrator;
ii. Qualifications;
iii. Number of years’ experience;
iv. Relevant Experience; and
v. Similar assignments undertaken.
iv. CV (See Annexure 1 for the prescribed format);
The KZN Provincial COGTA reserves the right to procure services from a service provider that is outside of the appointed panel in the event that it deems necessary.
7. MONITORING, REPORTING REQUIREMENTS AND PERFORMANCE MANAGEMENT
The service provider must submit an implementation plan within 7 calendar days of appointment.
The service provider must submit detailed time sheets together with invoices and a monthly report. Payment will be against deliverables on a monthly basis.
8. REMUNERATION
(a) upper limit of the annual remuneration package payable to i.e. category 3 municipality Municipal Manager as gazetted 1 July 2016; Plus 10% payment of a special allowance; for intervention at a local level.
Successful candidates will enter into a fixed term contract and be responsible for paying provisional tax as per current regulations.
9. EVALUATION CRITERIA
The KZN Provincial Treasury is not obliged to accept any bid or part of bids, as the information outlined in the evaluation matrix table below will play a major role when evaluating this bid.
The bid documents will be evaluated individually on score sheets, by a representative evaluation panel, according to the below mentioned evaluation criteria. All service providers who score less than (60%) for functionality will not be considered for placement on the panel.
Short-listed bidders may be invited to do a presentation on their proposals at their own cost, should the KZN Provincial Treasury deem it necessary.
Prospective bidders will be rated on functionality based on/in accordance with the following matrix:
Prospective bidder will be rated on a 0-3 scale as follows:
0= non response
1= poor
2= good
3= excellent
NB: Mid value ratings will also be allocated where necessary.
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EVALUATION CRITERIA
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REFERENCE
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SUB-
CRITERIA
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SCALE
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HIGH
POSSIBLE
SCORE
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WEIGHT
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Bidder’s previous performance and experience
relevant to the assignment and contactable
reference for previous completed projects (knowledge in SA Local Government and legislation and competence in the
financial and non-financial L.G. Systems)
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Letter/s of reference on client’s letter head
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year
2-3 years
4+ years
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1
2
3
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20
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Proven experience of proposed individual to be
deployed to the project as an Administrator (leadership positions in local government)
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CV of proposed personnel
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year
2-3 years
4+ years
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1
2
3
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25
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Qualification of proposed individual to be
deployed to the project
National Diploma (relevant), Matric and Certificates
Degree Public Management or BCom or similar in the Local Government field
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Certified copy qualification
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1
2
3
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25
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Proposed methodology and approach that
demonstrate understanding of required
activities/tasks as per scope of work, refer to 3 above (demonstrate skills and competence in the municipal environment as well as in local government.
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20 page Comprehensive proposal
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Poor understanding
Good understating
Very Good understanding
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1
2
3
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30
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HIGHEST POSSIBLE SCORE 100
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100
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TOTAL FUNCTIONALITY POINTS
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Minimum Threshold for functionality
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60%
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10. CONTRACT DURATION
The panel will be appointed for a period of 3 years.
The bid price(s) must remain valid for a period of 120 days.
11. PRICING OF BIDS
(1) The Department reserves the right to contact bidders to –
(a) Obtain clarity where information is incomplete or where a lack of clarity exists about technical aspects of the bid;
(b) Obtain confirmation of prices in cases where it is obvious that a written, typed or transcription error, or an error in the unit price has been made.
(2) The table below provides an example of a pricing schedule:
Categories of Personnel
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Rate Per Month Depending on Experience:
Minimum
Mid
Max
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Short Term Rate Six Months or Less
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Long Term Rate More Than Six Months
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Administrator: upper limit of the annual remuneration package payable to ie. category 3 municipality Municipal Manager as gazetted 1 July 2016;
Plus 10% payment of a special allowance; for intervention at a local level.
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Rate per month
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Rate per month
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Rate per month
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Disbursements limited to as 10% of the total contract amount.
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10%
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TOTAL (To be carried forward to Section F: Summary for bid opening purposes only)
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R
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APPENDIX 1
DETAILS FOR COMPLETION OF AN ENVELOPE FOR A BID/QUOTATION
Section 1 paragraph 6 of this bid/quotation document indicates the requirements for addressing of an envelope when a bid/quotation is submitted to the Department. Kindly ensure the envelope is addressed correctly because if it is not properly addressed the bid/quotation may be rejected as being invalid and returned to the respective bidder. The correct manner in which it is to be addressed is detailed below:
EXAMPLE FORMAT
FRONT SIDE OF ENVELOPE
Name and address of bidder: XYZ Consultants,
PO Box 1234,
Durban
4000
Bid/Quotation Number: ZNT 2038/2017 LG
Description:
PANEL OF SERVICE PROVIDERS TO BE APPOINTED AS ADMINISTRATORS IN TERMS OF SECTION 139(1)(b) OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 FOR A PERIOD OF 3 YEARS
Closing date: 15 DECEMBER 2017
Closing time: 11:00
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REVERSE SIDE OF ENVELOPE
Department’s details and address:
The Head: Supply Chain Management
Department of Co-operative Governance and Traditional Affairs
13th Floor, North Tower
Natalia Building
330 Langalibalele Street
Pietermaritzburg
3201
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APPENDIX 2
RETURNABLE DOCUMENTS
BIDDERS ARE REQUIRED TO ATTACH THE FOLLOWING DOCUMENT TOGETHER WITH THEIR PROPOSAL ON THE CLOSIND DATE OF THE BID:
CERTIFIED COPY OF B-BBEE STATUS VERIFICATION CERTIFICATE
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VALID ORIGINAL TAX CLEARANCE CERTIFICATE / STATUS PIN VALID FOR 12 MONTHS
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COMPANY PROFILE
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PROOF OF REGISTRATION WITH CENTRAL SUPPLIER DATABASE (CSD)
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PDF COPY OF PROPOSAL ON A DISC
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ANNEXURE “B”
GENERAL CONDITIONS OF CONTRACT1
THE NATIONAL TREASURY
Republic of South Africa
_____________________________________________________________________
GOVERNMENT PROCUREMENT:
GENERAL CONDITIONS OF CONTRACT
July 2010
NOTES
The purpose of this document is to:
(i) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and
(ii)To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government.
In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter.
1. The General Conditions of Contract will form part of all bid documents and may not be amended.
2. Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if
(applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.
GENERAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (NIPP)
34. Prohibition of restrictive practices
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