DESCRIPTION APPOINTMENT OF APPROPRIATELY TRAINED CONTRACTOR FOR THE PREPARATION OF THE POLICY ON THE TRANSFORMATION OF CERTIFICATE LEGISLATION. Cost of full report based on desk analysis and research paper (5% of total bid price). Note: Failure to provide proof of such authorization where applicable may result in disqualification of the bid.
In terms of Regulation 6(2) of the Preferential Procurement Scheme, Preference Points must be awarded to a tenderer for reaching the B-BBEE status level of contribution in accordance with the table below:.
CERTIFICATION
PURPOSE
The Department of Agriculture, Land Reform and Rural Development (DALRRD) requires a suitably qualified service provider to prepare a policy on reforming the Registration of Deeds Act. For this purpose, the appointed service provider will need to examine parts of the land registry system legislation, in particular the Registers of Deeds Act 1937 (Act 47 of 1937) and the Territorial Titles Act 1986 (Act 95 of 1986) in order to such legislation is revised to bring it into line with the Constitution, to delete those provisions which are obsolete and to include some provisions which correspond to the realities of modern thinking, global development as well as government policies relating to land reform and public administration.
BACKGROUND
It forms the basis for annual investments of millions of rand in the development of housing for, among other things, previously disadvantaged sections of the population. In respect of each such land registry office, a registrar of deeds, deputy registrar(s) and assistant registrars of deeds are appointed in accordance with section 2(1)(b) and (c) of the Act. To register deeds and other documents and to carry out the tasks envisaged in § 3 of the Act;.
To maintain a public register of land as well as an efficient system of registration calculated to provide security of title to land and rights in land; and. Apart from this provision, the Act is silent on any other duties, responsibilities and powers of the CRD. The duties and powers of Registrars of Deeds are contained in sections 3 and 4 which include, among other things, the maintenance of a land register for immovable properties located within his or her jurisdiction, as well as a registration system calculated to ensure security of title, and to provide information to any person on payment of the prescribed fee.
It is further expected to deal with the transformation of the land registration system in order to provide a comprehensive system of registration and registration of land rights that represents a continuum of rights and interests in land in South Africa.
PROBLEM STATEMENT
Consolidation of legislation that will provide mechanisms and procedures for recording and registering land rights, including but not limited to customary, informal and communal forms of tenure that are recognized, or in the future will be introduced and recognized by law. Adoption of provisions that will take care of the realities of modern thinking and bring it in line with global technological and land reform developments, as well as current government policies in this regard. New legislation that gives effect to and supports all aspects of the Constitution, including gender equality;.
Coordination of registration law reforms with other legislation related to property, including spatial planning and land use;. Provisions for persons other than Notaries Public to prepare certain acts currently reserved only for preparation by Notaries Public. Providing registration capability for other forms of land rights that the government may introduce in the future;
Coordination and integration of the provisions of the electronic deed registration system into new legislation; creating a legislative and policy environment conducive to the establishment of a comprehensive registry recording and recording all rights and interests in land; And. Repeal the Deeds Registries Act 47 of 1937 and the Electronic Deeds Registration System Act 19 of 2019 and replace them with new legislation (e.g. a Land Rights Registration and Recordal Act).
SCOPE OF THE PROJECT
Propose a policy framework for legislation on the registration of deeds that takes into account all the objectives of the project (see paragraph 4); b) Submission of a comprehensive policy proposal on the above aspects.
DELIVERABLES
SKILLS AND EXPERIENCE REQUIRED OF THE SERVICE PROVIDERS
STAKEHOLDERS
The Service Provider shall maintain regular and comprehensive backup copies of all electronic files relating to each document constituting a Submission. Any loss of data incurred by any submitter due to Service Provider's failure to maintain backups will be for Service Provider's account, calculated in accordance with the tendered hourly rate and estimated time required to rewrite the documentation, which time will be determined by the Project Management Committee.
CONTENTS OF PROPOSALS
- It is a condition of this Bid that the tax status of the Bidder must be Compliant at any point in time from
- The Bidder must be either an Exempted Micro Enterprise (EME) or Qualifying Small Business
- The value scored for each criterion will be multiplied with the specified weighting for the relevant criterion to obtain the marks scored for each criterion. These marks will
- Functionality will be evaluated on the basis of the supporting documentation supplied by the bidders in accordance with the below functionality criteria and values
- The applicable values that will be utilized when scoring each criterion ranges from 1 Poor, 2 Average, 3 Good, 4 Very good and 5 Excellent
- The Bids that fail to achieve a minimum of 65 points out of 100 points for functionality will be disqualified. This means that such bids will not be evaluated on the second
- Second Stage - Evaluation in terms of 80/20 Preference Points System
- Calculating of points for B-BBEE status level of contribution
This stage will not be scored and bidders who do not meet all mandatory criteria will be disqualified. Evidence reference (to be filled in by bidder) 11.1 The bidder must be registered on the. Where consortia/joint ventures/subcontractors are involved, the tax status of each party must also be compliant at any time from the closing date of the offer.
These marks are added up and expressed as a fraction of the best possible score for all criteria. Project team leader to be deployed in the performance of the contract (specialist skills and experience in policy development) - attach (Specialist) CV with skill(s), experience and qualification(s) for policy development. Detailed broad methodologies covering a comprehensive project implementation plan encompassing the full scope of work, including presentation of the final results of the project and as well as a proposed work schedule/duty schedule/work plan with clear deliverables, timelines and results with a clear reporting mechanism to ensure verify progress for any task to be completed / provide contingency plan.
This means that such bids will not be reviewed at the time of disqualification. Only bids that achieve the minimum qualifying score for functionality will be further assessed according to the 80/20 preferred points system. Points will be awarded to an entrant for reaching the B-BBEE status level of contribution in accordance with the table below:.
BBEE Status Level of Contributor Number of Points
- Only bidders who have completed and signed the declaration part of the preference claim form and who have submitted a B-BBEE status level certificate issued by a
- Failure on the part of the bidder to comply with paragraphs 12.8 and 12.9 above will be deemed that preference points for B-BBEE status level of contribution are not
- The points scored will be rounded off to the nearest 2 decimals
- In the event that two or more bids have scored equal total points, the contract will be awarded to the bidder scoring the highest number of preference points for B-
- However, when functionality is part of the evaluation process and two or more bidders have scored equal points including equal preference points for B-BBEE, the
- Should two or more bids be equal in all respects; the award shall be decided by the drawing of lots
- A contract may, on reasonable and justifiable grounds, be awarded to a bid that did not score the highest number of points
- FORMAT AND SUBMISSION OF BIDS
- TERMS AND CONDITIONS OF THE BID
- Staffing requirements will be identified on the onset of the project and shall remain unchanged for the duration of the project, unless prior written consent has been
- No material or information derived from the provision of the services under the contract may be used for any other purposes except for those of the DALRRD or
- Copyright in respect of all documents and data prepared or developed for the purpose of the project by the Service Provider shall be vested in DALRRD
- The department reserves the right to terminate the contract in the event that there is clear evidence of non-performance
- Disbursements in respect of all travelling and related expenses (including all travelling costs, time charges and subsistence allowances related thereto) around
- Travel by air where it is deemed more practical, shall be limited to economy class and may only be undertaken with the prior approval of the DALRRD
- FINANCIAL PENALTIES
- PAYMENTS ON DATE OF DELIVERABLES
- Payments will be made only for work performed to the satisfaction of DALRRD Project Management Team
- Original invoices to substantiate all costs must be provided. The invoices should include the Department’s order number that will be provided to the selected service
- Payment in respect of deliverables will be made at the intervals, and in accordance with the project milestones, predefined deliverables and percentages, as set out
- Invoices must be sent to
- UNDUE DELAY REMEDIES
- REPORTING AND ACCOUNTABILITY
- PROJECT MANAGEMENT WITHIN THE DALRRD
- SUB-CONTRACTING
- ENQUIRIES
The appointment of the successful tenderer is subject to the conclusion of a Service Level Agreement (SLA) between the DALRRD and the successful tenderer, which governs all rights and obligations in relation to the requested services. After careful consideration and thorough review of the proposals, DALRRD will select the successful bidder whose proposal is the most appropriate. Bidders who have not been selected will be notified of this in writing and by publishing the successful bidder in the same medium that was used to advertise the bid.
Supporting evidence must be provided that the delays were beyond the service provider's control. Invoices must contain the Ministry Order Number which will be forwarded to the selected service, include the Ministry Order Number which will be forwarded to the selected service provider upon acceptance of the offer. If it is determined that the delay of the project is unreasonable according to the agreed time period, for every 5 (five) days or other specified time frame, a penalty will be charged in percentages, which will be deducted from the payment, as will be specified in the service level agreement with the Ministry.
This document, together with all agreements to be made or to be made during the course of the project, will become part of the contract. All team members who will be directly involved in the project, at the discretion of the Registrar of Deeds: Legal Support and Deeds Training, may be expected to attend all progress reporting meetings as scheduled. Due to the urgency of the project, time is of the essence for this process and all work will be submitted on time.
GOVERNMENT PROCUREMENT
GENERAL CONDITIONS OF CONTRACT July 2010
NOTES
- Definitions 2. Application
- Use of contract documents and information; inspection
- Performance security 8. Inspections, tests and analysis
- Delivery and documents 11. Insurance
- Transportation 13. Incidental services
- Warranty 16. Payment
- Contract amendments 19. Assignment
- Subcontracts
- Delays in the supplier’s performance 22. Penalties
- Termination for default
- Dumping and countervailing duties 25. Force Majeure
- Termination for insolvency 27. Settlement of disputes
- Taxes and duties
- National Industrial Participation Programme (NIPP) 34. Prohibition of restrictive practices
1.3 "Contract price" means the price paid to the supplier under the contract for the full and proper performance of its contractual obligations. 1.10 "Delivery to consignee's warehouse or location" means delivered and unloaded at a specified warehouse or warehouse or at a specified location in accordance with the terms of the contract or order, the supplier bearing all risk and expense until the supplies are so delivered and a valid invoice is received . 1.12 "Force Majeure" means an event that is beyond the Supplier's control and does not involve the Supplier's fault or negligence and cannot be foreseen.
1.15 "Goods" means all equipment, machinery and/or other materials that the supplier must deliver to the buyer under the contract. Patent Rights 6.1 The Supplier shall indemnify the Buyer against all claims by third parties relating to the infringement of patent, trademark or industrial design rights arising from the Buyer's use of the Goods or any part thereof. Such rejected supplies shall be retained at the expense and risk of the supplier, who, when requested, shall immediately remove them at his own expense and promptly replace them with supplies conforming to the requirements of the contract.
If the supplier does not deliver the replacement supplies immediately, the buyer may, without giving the supplier any further opportunity to replace the refused supplies, purchase the necessary supplies at the supplier's expense. The details of shipment and/or other documents to be provided by the supplier are specified in SCC. Such notice, whether in the original bid or later, shall not relieve the supplier of any liability or obligation under the contract.
As soon as practicable after receiving the Supplier's notice, the Buyer shall assess the situation and may, at its sole discretion, extend the Supplier's time for performance, with or without penalty, in which case the extension shall be ratified by the Parties by amending the Contract. Unless the Buyer instructs otherwise in writing, the Supplier shall continue to perform its contractual obligations as far as is reasonably practicable and shall seek all reasonable alternative means of performance not prevented by the Force Majeure Event.
