Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698929638658.pdf (South Africa)
SUPPLIER NAME: ___________________________________________________________________ REQUEST FOR QUOTATION (RFQ) 89/2017 QUOTE DESCRIPTION: Consultancy Services “Assessment of a Single Human Rights Commission”.

Issue Date Closing Date 08 March 2017, 16h00 17 March 2017, 12h00 1.

This Quote bundle consist of the following documents: 1.1 This letter of invitation to quote.
1.2 Section 1: Supplier Information 1.3 Section 2: Terms of Reference 1.4 Section 3: Declaration of Interest 1.5 Section 4: General Conditions and procedures of Quotations (Refer website) This quotation document and proposals/quotation must be submitted in the appropriate format clearly marked with the quote description to the Secretary to Parliament, for the attention of Ms N Okojie and must be hand delivered to (or posted / couriered via registered mail to PO Box 15, Cape Town, 8000 or hand delivered to Office 5/013 or 05/14.
Further information regarding this quote may be obtained from Ms H Maxham Tel no 021 4033680 or email add: hmaxham@parliament.gov.za.
All procurement related matters can be referred to Ms N Okojie, Tel No 021 4038180 and email address: nokojie@parliament.gov.za ___________________________ Name ________________________ _______________ Signature Date FOR SECRETARY TO PARLIAMENT SECTION 1: SUPPLIER INFORMATION FORM REGISTERED NAME TRADING NAME (IF APPLICABLE) COMPANY REGISTRATION NUMBER (or ID) INCOME TAX REFERENCE NUMBER VAT REGISTRATION NUMBER PHYSICAL ADDRESS POSTAL ADDRESS CONTACT DETAILS ADDRESS LINE 1 ADDRESS LINE 2 CITY/TOWN CODE ADDRESS LINE 1 ADDRESS LINE 2 CITY/TOWN POSTAL CODE OFFICE CELLPHONE FAX EMAIL CONTACT PERSON Entity banking details Name of bank Account name Account number Account type Branch name/code Principal/main business activity of the firm Background and experience in the industry (if applicable) List the two largest contracts/assignments completed by your firm in the last (two) 2 years if any or List contracts which your firm is currently engaged in (not completed) if any Work description Your client Contact person Contact number Contract value TERMS OF REFERENCE Single Human Rights Commission Consultancy Services “Assessment of a Single Human Rights Commission”.
1.

Introduction and Background The National Assembly is elected to represent the people and to ensure government by the people under the Constitution.

The powers of the National Assembly, amongst others, are to exercise legislative oversight in all its forms, provide mechanisms to ensure that all executive organs of state in the national sphere of government are accountable to it, and maintain oversight over any organ of state.
The Constitution of South Africa establishes state institutions to strengthen constitutional democracy in the Republic.

In terms of accountability section 181 (5) of the Constitution provides that “.Institutions Supporting Democracy are accountable to the National Assembly and must report on their activities and the performance of their functions to the Assembly at least once a year.
The Constitution enjoins all organs of state in Section 181 (3) that “other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions”.
The Institutions Supporting Democracy (ISDs) are -       The Public Protector; The South African Human Rights Commission; The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; The Commission for Gender Equality; The Auditor- General; The Electoral Commission;  National Youth Development Agency  Independent Communication Authority of South Africa;  Financial and Fiscal Commission;  Public Service Commission.
 Pan South African Language Board One of the recommendations of the Ad hoc Committee on the Review of Chapter 9 and Associated Institutions called for the establishment of a unit on constitutional Institutions and other statutory bodies to be located in the Office of the Speaker.
Subsequently, on 21 November 2008, the National Assembly adopted a resolution for the establishment of the Unit, called the Office on Institutions Supporting Democracy (OISD) to strengthen its capacity to perform its function of oversight and accountability, relating to the Institutions Supporting Democracy, and to co-ordinate all activities between those Institutions and the National Assembly.

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2.

Context On 21 September 2006, the National Assembly by resolution appointed a multi-party Ad hoc committee to undertake a review of institutions supporting democracy as per chapter 9 and 10 of the Constitution.
The purpose of the review was to broadly assess whether –  the current and intended constitutional and legal mandates of these institutions are suitable for the South African environment;  the consumption of resources by them was justified in relation to their outputs and contribution to democracy;  a rationalisation of function, role or organisation is desirable or will diminish the focus on important areas.
A key recommendation of the Ad hoc Committee was the establishment of a “Single Human Rights Body”.

In its report the Ad hoc Committee on the Review of Chapter 9 and Associated Institutions dated 31 July 2007, found that the multiplicity of institutions created to protect and promote the rights of specific constituencies in South Africa has in practice resulted in an uneven spread of available resources and capacities, with implications for effectiveness and efficiency.
In this regard, the Ad hoc Committee proposed the establishment of an umbrella human rights body to be called the South African Commission for Human Rights and Equality, into which the following Commissions should be incorporated-  the National Youth Commission (now called the National Youth Development Agency),  the Commission for the Promotion and Protection of Cultural, Religious and Linguistic Communities together with the Pan South African Language Board and;   the Commission for Gender Equality and; the South African Human Rights Commission.
According to the Ad hoc Committee, amalgamating these institutions would simplify the oversight task of the National Assembly and in turn enhance the level of parliamentary oversight provided.

In addition to that, the Ad hoc Committee was of the view that there are three main advantages to the establishment of an umbrella human rights commission: 1.

The avoidance of duplication of effort 2.

Administrative efficiency and more effective use of resources 3.
Greater accessibility and promotion of public awareness of the Bill of Rights Furthermore, the Ad hoc Committee recommended as a first step that a Task Team be set up consisting of the heads of relevant ISDs and a number of members of the NA to produce a roadmap and guide the process.

The 4th Parliament recommended that the 5th Parliament deal with the outstanding recommendations in the Report of the Ad Hoc Committee on the Review of Chapter 9 and Associated Institutions.
On 11 September 2015 a workshop held at the Constitutional Court between the Presiding Officers of the National Assembly, chairpersons of relevant portfolio committees, Institutions Supporting Democracy (ISDs) and Members of the Executive associated with the ISDs, resolved that the consideration of the establishment of a unitary single human rights body require further attention.
In this regard, the meeting underscored - 1. the importance of not losing sight of the guiding principles of the Constitution and; 2. taking into account that international best practice suggests that a careful and informed approach be followed in assessing whether a unitary single human rights body is the best model.

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3.

Purpose and Scope of Work The assessment will examine the feasibility of the establishment of a single human rights body, given the South African environment and within the context of the limited resources of the country.

Further, the study is meant to assist Parliament and the four identified ISDs (the ISDs) to focus on those areas where they can add value, avoid duplication of efforts and achieve greater efficiency and impact.
In addition issues that need consideration are amongst others-   The international best practice models and; The road travelled and the work performed by the ISDs so far in relation to their founding purpose.

1.

4.

PURPOSE FOR REQUEST FOR QUOTATION (RFQ) Parliament seeks to identify and appoint a suitable Service Provider for Consultancy Services “Assessment of a Single Human Rights Commission”.
Key Elements of the Study The study should provide a report containing an in-depth assessment of the activities of the four ISDs from 1994 to 2016, evaluating their impact and relevance, ascertaining the relevance of the role of the four ISD’s in the areas of work covered and identifying areas of overlap and duplication.
It should provide Parliament with recommendations on the feasibility of  amalgamating the proposed ISDs   areas for further refining the priorities of the ISDs and identify additional ways of reducing the cost base.

The findings of the study should inform the roadmap of the ISDs going forward.

5.

Key Questions The review will target all the strategic directions and objectives of the four ISDs.
In the assessment of effectiveness, impact, efficiency and relevance and duplication, the study should address the following key evaluation questions: Effectiveness and impact of each ISD affected by the proposed Amalgamation  How the ISD define their mandate and the services it delivers?

What are their criteria used when deciding what work areas to focus on and activities to implement?

 To what extent does the ISD’s annual budget and work plan reflect the provisions of the Strategy?
 What results have been achieved and/or what progress has been made in comparison to objectives established in the Constitution.

 In which areas does the ISD add the greatest value?

What is the value-added by the ISD in those areas where individual ISDs are doing similar work?

Do the conditions for achieving long-term impact seem to be in place (e.g.

sustainability of, and building on, results achieved, follow-up activities to facilitate processes, etc.)?
 To what extent has the work of the ISD contributed to the achievement of social cohesion and a deepening of our constitutional democracy?

Relevance  Do the ISD’s activities meet the needs and identified priorities of the National Development Plan (NDP).

 Are the key principles of coordination among ISDs and harmonisation observed?

 Are the Members of Parliament and the executive satisfied with the results achieved so far?

 What is the level of support by the Executive and other organs of state?
Efficiency  Are resources allocated to the ISD’s programmes adequate?

Are these resources being used in the most cost-efficient manner?

What are the resource constraints, if any and what cost-efficiency measures could be introduced without impeding the achievement of results?

 What are the mechanisms in place for tracking resource allocations and do they provide a sound basis for estimating the related expenditure?
 Are the staff implementing the ISD’s activities and programmes sufficient for the scope of the work being delivered?

 Are activities being delivered according to schedule?

What factors facilitate or hamper timely delivery?

Programme implementation  To what extent is the delivery of activities underpinned by a strong results-based framework at both the institutional and national levels (follow-up by Parliament)?
 Are the performance indicators in the Strategic Plans and budget for the medium term adequate to facilitate the measurement of results?

 Have good baselines been established?

Are programmes increasingly implemented using good practice project management tools (planning, design, monitoring and evaluation) and are results frameworks at the project level adequately linked to organizational goals and expected results?
 Are adequate monitoring and evaluation mechanisms in place to ensure that: a) information on results achieved is captured; b) information on progress made is available; and c) lessons learned are generated for the design of future activities?

Coordination  Are the roles and responsibilities of the ISD’s clearly defined?

 Is there consistency in the inclusion of cross-cutting themes in the delivery of services?
 What are the deficiencies of existing coordination mechanisms in the effective delivery of services?

What measures or mechanisms should be put in place to improve the delivery of services?

 How can synergies be achieved between the various functions of the ISDs?

 How does the individual ISD relate and coordinate with other institutions involved in similar areas of work?

 Additional questions may be added by the review team.

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6.

Methodology The study will include a desk top review of relevant documentation and interviews with/surveys of key stakeholders.
It will include the following:  A review of documentation relevant for the assignment, in particular: the ISD enabling legislation, Rules and Strategy, the Adhoc Committee Review of Chapter 9 and Associated Institutions, Report, , annual programmes and budgets, annual reports, reports of previous evaluations, as well as progress reports in order to understand how the ISD functions.
 Interviews with the ISD’s commissioners and staff, members, leadership of Parliament; a representative sample of members of parliament and civil society.

 Alternatively or in addition, the researchers may design a survey questionnaire that will be administered on their behalf by the commissioners of the study.

 If required, the researchers may travel to relevant areas or other countries to study relevant models.

 Interviews with any other stakeholders as may be deemed necessary by the research team.
7.

Reporting The Service Provider will produce the following: I.

A /draft report presenting the study in line with the requirements specified in paragraph 3 and 4, and the specifications listed below.

II.

Presentation of the main findings and conclusions of the review in meetings with Parliament (Presiding Officers, Forum on Institutions Supporting Democracy (FISD), OISD) by 30 July 2017.

III.
III.

A final report of the study, which incorporates the comments provided by the Presiding Officers, FISD amongst others.

IV.

Presentation of the final report to the FISD and Parliament by 30 September 2017.

V. The draft report should be submitted to the Presiding Officers and the OISD.

VI.

A final report should be presented within two weeks after the receipt of comments from Parliament.

VII.

The report should be written in English and it should not require additional editing.
It should be brief and concise, in principle not more than 30 pages long.

Additional information should be presented in annexes and appendices.

The report should contain an executive summary, main findings, conclusions and recommendations.

8.

Timeframe The study should commence no later than 1 April 2017 and the final report received by no later than 30 September 2017.

See attachment with tentative timelines.


Further details with regard to the duration and timing of the consultancy will be determined in collaboration with the Service Provider.

9.

Practical Issues The OISD and FISD will assist the Service Provider with organizing meetings with the relevant stakeholders.

10.

Required Competencies The required competencies for the service provider should include documented professional experience in organizational reviews and evaluations.
Previous experience with organizations working with Parliaments and in politics will be considered an asset.

11.

SCM Requirements 11.1 EVALUATION OF QUOTATIONS The 80/20 preference points system and functionality shall be applicable to this request, and all offers received shall be evaluated as follows: Price BBBEE - - 80 20 11.1.2 Evaluation Stage One – Functionality: Companies must score a threshold of 70 out of 100 to be able to proceed to Stage Two.
Companies scoring under 70 will not proceed to evaluation stage 2.

11.

1.3 Evaluation Stage Two – 80/20 Preference point system shall be applicable to this phase, where 80 points represent maximum obtainable points for the cheapest price, and 20 points represents the BBBEE level status.

Points will be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table as listed in the bid documentation.
11.2 FUNCTIONALITY SCORING CRITERIA Scoring done on a weighted scale, will be used representing the following grading of the submissions linked to the functionality scoring: - 5 for Excellent (86-100 points on functionality) - 4 for Outstanding (76-85 points on functionality) - 3 for average 70-75 points on functionality) Variable and to assignment Implementation of Description of organizations/individuals work on the assignment CV’s of persons/contractors assigned to the assignment and their qualifications Relevant Experience of similar assignment in the last three years, two references with contact details A detailed project schedule Weighting (out of 100) 30 Score 20 30 20 Below is a detailed functionality criteria 1.
Describe how they intend to implement the assignment and describe the organization/individuals that will work on the assignment.

30 Points 2.

State the qualifications of each of the persons/sub-contractor(s) they will make available for the assignment and attach a CV for each of them.

20 Points 3.

Describe previous experience of similar assignments that have been performed during the last three years and provide at least two references, with names and telephone numbers.
References may be contacted to provide testimonials.

30 Points 4.

Present a detailed project schedule for the assignment.

20 Points 12.

Duration and price Please note that this a fixed price project and is deliverable-based.

Cost for logistics, accommodation, travel must be factored in the quote.

Deliverable Deadline Cost Initial Draft Report 30 July 2017 Second Draft Report 30 August 2017 Final Report 30 September 2017 9.
SPECIFIC CONDITIONS: 9.1 The general conditions as set out in the Supply Chain Management Policy and regulations of Parliament will be applicable in all instances.

9.2 The successful service provider must submit a detailed project plan and Parliament remains with the right to adjust the proposed project plan of the successful service provider for optimizing successful implementation, and any such changes shall remain reasonably the same and negotiated.
9.3 The price for services must be inclusive of all costs e.g.

VAT, consultancy fees, travel, and accommodation.

The total amount shall be paid as per the quote and in the South African currency.
The information management system and material developed, as well as data generated during the execution of the plan, will be owned by Parliament at the completion of the project, and no material obtained during the execution of the plan by the Service Provider shall be used anywhere else without a written permission from Parliament.
9.4 Parliament cannot award contracts to provide goods or services to a Member of Parliament or Cabinet, a Member of a Provincial Legislature or Member of a Provincial Executive Council, a municipal councilor, a person in the employ of the state whose participation in bidding for the contract may result in a conflict of interest, or any entity in which any of the mentioned persons is a Director or has controlling or other substantial interest.
9.5 At Parliament’s discretion, service providers may be requested to do a demonstration of their proposed solution.

Awarded may be subjected to successful completion of proof of concept.

9.7The successful service provider and its employees must comply with Parliament security clearance.

Vetting Permits shall be visible on each staff at all times.

9.8 The service provider must be willing to sign confidentiality or non-disclosure agreement.
9.9 Parliament may request service providers to provide additional pricing information to be utilized for comparative purposes during evaluations.

9.10 Parliament reserves the right to re-appoint or extend the service of the service provider where there is a natural continuation of assignments.
9.11 Where a joint venture / partnership submits an offer for this rfq, a joint venture / partnership agreement must be attached, which specifies the names of the companies that have formed the joint venture / partnership, the name of the joint venture / partnership.

Companies that are members of the joint venture / partnership will be individually required to comply with tax compliance requirements by SARS.

9.12 Parliament reserves the right not to award this bid in total or part thereof.
9.13 Parliament reserves the right, for purposes of promoting the values of competitiveness and fairness, not to award the rfq to the highest scoring company, if such bidder has been awarded a contract by Parliament or has performed services for Parliament during the last 12 months prior to the closing date of the rfq.

10.
SUPPLIER(s) MUST COMPLETE AND PROVIDE THE FOLLOWING COMPULSORY INFORMATION WITH THE QUOTATION: (a) Tax Clearance Certificate (b) Proof of Business Registration (c) ID copies of the Business Owners YES NO YES NO YES NO (d) Proof of VAT registration if VAT is charged YES NO (e)Broad Based Black Economic Empowerment status level certificates YES NO SUPPLIER(s) MUST COMPLETE THE FOLLOWING: Points will be awarded to bidders for attaining the B-BBEE status level of contributor in accordance with the table below.
Points claimed by the bidder B-BBEE Status level of contributor Non –compliant contributor Number of points 20 18 16 12 8 6 4 2 0 (d) Declaration Certificate The attached declaration certificate must be completed and submitted with Quotations YES NO SECTION 3: DECLARATION OF INTEREST 1.
No contracts to provide goods or services to Parliament may be provided to the following categories of entities: - Member of Parliament, Member of the Cabinet, Member of a Provincial Legislature, Member of a Provincial Executive Council, a Municipal Councilor or a person in the employ of the State whose participation in bidding for the contract may result in a conflict of interest; or any entity in which a person mentioned above is a Director or has a controlling or other substantial interest.

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2.

The bidder is therefore requested to complete Sections a – d of the declaration below in substantiation.

Are you or any person connected with the bidder, a Member of (a) Parliament or a Cabinet Member?

Y N If yes, state whether you are a Director or have a Controlling or other substantial interest in the bidding company.
……………………………………………..……………………………………… …………………………………………………………………………………… (b) Are you or any person connected with the bidder, a Member of Y N the Provincial Legislature or a Member of a Provincial Executive Council or a Municipal Councilor If yes, state whether you are a Director or have a Controlling or other substantial interest in the bidding company.

……………………………………………..……………………………………… …………………………………………………………………………………… (c) Are you or any person connected with the bidder, Employed by Y N the State?
If yes, state whether you are a Director or have a Controlling or other substantial interest in the bidding company.

……………………………………………..……………………………………… …………………………………………………………………………………… Do you, or any person connected with the bidder, have any (d) relationship (family, friend, other) with a person employed by Parliament and who may be involved with the evaluation and or adjudication of this bid?
Y N If yes, state whether you are a Director or have a Controlling or other substantial interest in the bidding company.
……………………………………………..……………………………………… ……………………………………………………………………………………… DECLARATION I hereby agree that, in the event of false, incorrect or misleading information being provided in this declaration, the Secretary to Parliament of the Republic of South Africa shall have the right to: -recover any losses or damages sustained by Parliament under such agreement -restrict the supplier from further business with Parliament depending on the materiality of the misrepresentation and the degree of prejudice suffered.
Name of Representative: ___________________________________________________________ Identity number: ___________________________________________________________ Signature: ___________________________________________________________ (DULY AUTHORISED TO SIGN FOR AND ON BEHALF OF THE ABOVE ENTITY) No Contract to provide goods or services to Parliament may be awarded to - • a Member of Parliament or a member of the Cabinet • A Member of a provincial legislature or a member of a provincial Executive Council; • A Municipal Councillor; • A person in the employ of the State whose participation in bidding for the contract may result in a conflict of interest; or • Any entity in which a person mentioned above is a Director or has a controlling or other substantial interest COMMISSIONER OF OATH STAMP