TERMS OF REFERENCE
EASTERN CAPE CONSUMER PROTECTION POLICY DEVELOPMENT AND LEGISLATIVE REVIEW
FINAL V1.01
P/Bag X0054, BHISHO
South Africa, 5605
Phone: +27 (0)463 605 7059
Web: www.DEDEA.gov.za
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EASTERN CAPE CONSUMER PROTECTION POLICY DEVELOPMENT AND LEGISLATIVE REVIEW
1
Contents
2
Introduction and background information ...............................................................................................................3
3
Objectives and scope of work ................................................................................................................................3
4
Finalisation of Scope of Work and Project Management .......................................................................................4
5
Proposed Approach, Budget and Programme .......................................................................................................4
5.1
Required Capacity, Qualifications, Experience & Track Record ...................................................................4
5.2
Bid Process: pre-qualification .......................................................................................................................5
5.3
Bid Process: post-qualification......................................................................................................................5
5.4
Performance monitoring ...............................................................................................................................6
5.5
Conditions of the bid .....................................................................................................................................6
5.6
Validity Period...............................................................................................................................................8
5.7
Contract Period.............................................................................................................................................8
6
Submission of Proposals........................................................................................................................................8
7
Approval of Terms Of Reference .........................................................................................................................10
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EASTERN CAPE CONSUMER PROTECTION POLICY DEVELOPMENT AND LEGISLATIVE REVIEW
2
INTRODUCTION AND BACKGROUND INFORMATION
The Consumer Protection Act, 2008 (Act No. 68 of 2008) became effective as from 1 April 2011. However,
consumer protection within the Province of the Eastern Cape is currently governed by the Consumer Affairs (Unfair
Business Practices) Act (Eastern Cape), 1998 (Act No. 5 of 1998) which provides for the investigation, prohibition
and control of unfair business practices in the interest of the protection of consumers. This legislation therefore
outlines the mandate of the Department in the area of consumer protection and is supplemented by the Consumer
Protection Act.
Current legislation in the Eastern Cape Province is not yet aligned to the Consumer Protection Act. In order to
enable the Office of the Consumer Protector to ensure performance of all associated functions aligned to National
Legislation, it is necessary to develop a Provincial Policy Framework and Legislation to overcome and deal with any
and all gaps and challenges. This will ensure that there is a uniform and effective system for Consumer Protection in
the Province of the Eastern Cape aligned to National Consumer Protection Legislation.
The Eastern Cape Department of Economic Development and Environmental Affairs and Tourism (DEDEAT) seeks
to appoint a competent Service Provider with the necessary legal expertise to assist DEDEAT with the assessment
and review of existing Consumer Protection Policy and Legislation. The service provider is required to develop and
draft a Policy Framework that will inform the enactment of Consumer Protection Legislation and Regulations for the
Province of the Eastern Cape in line with national legislation, which will ensure the improved operation of the
Eastern Cape Consumer Tribunal and will contribute toward an effective and efficient means of referral of matters
to the Tribunal.
3
OBJECTIVES AND SCOPE OF WORK
The scope and objectives of the work includes but is not limited to the assessment of current legislation,
benchmarking of National and Provincial Consumer Protection Agencies/Authorities, analysis, review and
development and drafting of a White Paper on Consumer Protection in the Eastern Cape Province, Bill for Consumer
Protection in the Eastern Cape and relevant Regulations and Notices.
The work will include extensive consultation with key and various stakeholders for consideration in the production of
the policy and legislation to ensure effective and transparent public participation. However costs of stakeholder
engagement within the Province including, advertising, venues and facilities, catering and publishing of all
documents will be borne by DEDEAT.
The following table outlines the necessary key deliverables in the completion of the project:
KEY DELIVERABLES
BROAD ACTIVITY
1. Consult and record stakeholder inputs for Profile of Stakeholder Input and
consideration and attend to benchmarking National report detailing Gaps and
and Provincial Consumer Protection
Challenges to be overcome.
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EASTERN CAPE CONSUMER PROTECTION POLICY DEVELOPMENT AND LEGISLATIVE REVIEW
2. Develop a Provincial Consumer Protection Policy
3. Identify gaps, propose and draft Bill
4.Identify gaps recommend enabling provisions,
and draft regulations
5.Presentation of drafts and incorporation of
comments from public participation process
6. Adherence to Rules of Provincial Legislature,
attendance at legislature and incorporation of
comments
4
White Paper
Draft Bill
Draft Regulations and/or
Notices
Draft Bill as amended if
necessary
Final Bill, Regulations and/or
Notices
FINALISATION OF SCOPE OF WORK AND PROJECT MANAGEMENT
The final scope of work will be formalised in a Project Implementation and Management Plan, which will be an
outcome of the first meeting between the project steering committee and the service provider.
5
PROPOSED APPROACH, BUDGET AND PROGRAMME
The candidate is required to develop a table outlining a proposed approach, a proposed budget allocation for
professional fees, and number of person-hours respectively for the list of items in section 3. Note, however, that the
scope of the project is not limited to these line items. The proposed approach should be translated into a proposed
project management plan/timeline linked to deliverables.
The project should be finalised by no later than February 2014.
NB: DEVIATION FROM TIMEFRAMES AND DELIVERABLES MAY LEAD TO CANCELLATION OF PAYMENT AND/OR
CONTRACT.
5.1
R EQUIRED C APACITY , Q UALIFICATIONS , E XPERIENCE & T RACK R ECORD
It is important that the candidate/project team demonstrates that they have suitable capacity, qualifications,
experience and track record to undertake the project. The project team must demonstrate capacity/expertise in Policy
Development and Legislative Drafting, an understanding of the current Consumer Protection Regulatory Framework
as well as other related legislative provisions and associated challenges. Specifically:


Capacity: Bidders must demonstrate that they have adequate human and other resources to dedicate to the
project;
Qualifications & Professional Experience: Bidders must demonstrate that their team members or managers
assigned to this project have the necessary qualifications and experience to undertake such a project.
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EASTERN CAPE CONSUMER PROTECTION POLICY DEVELOPMENT AND LEGISLATIVE REVIEW

Experience & Track Records: Bidders must demonstrate that they have up to 2 years previous relevant
experience as a bidder, alternatively that the team members have such experience; and have a track record
of between 2 and 5 years in similar projects, alternatively that team members have such a track record.
A table listing previous relevant experience should be populated. The table should include fields as per the example
below:
Relevant
previous
project/activity
Project
budget
Date
of Date
of Names
of Name and
project/activity
Completion of project team position
members in of
inception
project/activity
this bid who reference
participated
person
in the activity
Contact
details of
reference
person
Project 1 etc.
5.2
B ID P ROCESS : PRE - QUALIFICATION
The bid process will include a pre-qualification stage where the functionality / quality of bids will be assessed. All
bidders / service providers will provide a list of three (3) references who can be contacted to provide an assessment
of the Service Provider’s ability and / or performance on similar previous assignments. References cited must have
knowledge of the Service Provider’s work in all the elements for meaningful comparisons to be made. Shortlisted
bidders / service providers may be expected to make a presentation where they will demonstrate similar
previous work.
The elements that will be considered for determining quality/functionality are:
QUALITY / FUNCTIONALITY
Bidder’s understanding of the brief
The methodology and approach to be used
The qualifications of key personnel and track record
Experience in managing similar projects/events
WEIGHT/60
15
15
15
15
Bidders will be evaluated on a 5 point scale where 1= Weak; 2= Average; 3= Good; 4= Very good; and 5= Excellent.
Bidders will be required to obtain at least 70% (210/300) in order to qualify for the final evaluation stage. A bidder that
scores less than 70 points out of 100 in respect of functionality will be regarded as submitting a non-responsive
proposal and will be disqualified.
5.3
B ID P ROCESS : POST - QUALIFICATION
In terms of the revised Preferential Procurement Regulations 2011, the bidders are required to, together with bids,
submit original and valid B-BBEE Status Level Verification Certificates or certified copies thereof to substantiate their
B-BBEE rating claims.
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EASTERN CAPE CONSUMER PROTECTION POLICY DEVELOPMENT AND LEGISLATIVE REVIEW
The following preference point system will apply: 80 Points for price and 20 points for B-BBEE.
B-BBEE Status Level of Contributor
Number of points
(80/20 system)
1
20
2
18
3
16
4
12
5
8
6
6
7
4
8
2
Non-compliant contributor
0
5.4
P ERFORMANCE MONITORIN G
Performance against the deliverables will be closely monitored by DEDEAT. The cost of travel to such meetings must
be included in the budget of the service provider.
MONITORING TOOL
Briefing Sessions
FREQUENCY
Two weekly
EXPECTATION
Oral Feedback and notes
Meetings (PSC)
Monthly
Special Sessions
Ad hoc
Written Progress Reports and
Presentations
Troubleshooting – presentation of
proposed solutions
5.5
C ONDITIONS OF THE BID
The service provider should provide in so far as possible,
a. A comprehensive budget showing the charge out rate of all the staff to be involved in the rendering of
the services and also all other cost factors such as travelling. Travelling costs and time spent or
incurred between home and office of consultants and DEDEAT offices will not be for the account of
DEDEAT.
b. Services rendered outside the scope of this project without the prior approval of the Programme
Manager will not be reimbursed.
c. If the bidders are a joint venture between BEE firm and a non-BEE firm, detail of how the work will be
split between the firms should be clear such that DEDEAT can audit the actual work allocation during
the delivery to enforce the transfer of skills between the firms. The percentage involvement of each
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company in the joint venture should also be indicated and all members of the joint venture should sign
the contract and are jointly and severally liable for the entire assignment. A joint venture agreement
must be attached. A disclosure of all the service providers’ shareholders MUST be attached to the bid.
No part of the contract may be ceded to any third party.
d. Should a prospective service provider/consortium choose to work in a consortium with others, DEDEAT
will confine its contractual dealings with the primary service provider/consortium
e. All Project Team Members and bidders will provide a list of three (3) references who can be contacted
to provide an assessment of the Project Team Members who will be working on this project as well as
Service Provider’s ability and /or performance on similar previous assignments. Submitted project team
members cannot be unilaterally changed until the project is complete
f.
References cited must have knowledge of the Project Team Members / Service Provider’s work in all
the elements for meaningful comparisons to be made. If the references cited are unable to give
meaningful assessments of the Project Team Members /Service Provider’s previous work then the
scores will reflect this.
g. Curriculum Vitae’s of the Project Team members MUST be attached to the proposal document.
h. Service providers who claim any preference points for HDI are requested to submit certified copies of
shares certificates or a certified list of Board of Directors or Trustees, as may be applicable.
5.2.
Preference will be given to BEE companies or firms with strong BEE partnerships in order to address
South Africa’s socio-economic disparities in line with BBBEE legislation.
5.3
Bidders must be prepared to work at rates not exceeding those prescribed by the office of the AuditorGeneral or DPSA.
5.4
DEDEAT reserves the right to invite shortlisted companies to present their bid proposals for final
decision.
5.5
The tender will be awarded subject to a legally enforceable contract being entered into between the
preferred bidder and DEDEAT, which will impose material terms and conditions of the contract
applicable to the parties in rendering the intended services. The successful bidder may not alter its BEE
status during the bid consideration process and the contract period (when tender is awarded) without
the consent of DEDEAT.
5.6
DEDEAT is not bound to select any of the firms submitting proposals. DEDEAT reserves the right not to
award the contract to the lowest bidding price as well as to renegotiate the bid of the preferred
applicant.
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5.6
5.7
DEDEAT will not be held responsible for any costs incurred by the bidder in the preparation and
submission of the bid.
5.8
The service provider must be cleared by the National Treasury as per section 28 of the Prevention and
combating of corrupt activities act, (act 12 of 2004) and the department will implement the law,
especially section 28(3)(iii).
5.9
Bidders must comply with all procurement conditions of the department, including the provision of valid
tax clearance certificates;
5.10
Preferential Procurement Policy Framework Act (PPPFA) principles shall apply; submissions will be
evaluated according to the provisions of that Act;
5.11
The successful bidder shall not alter its BEE status during the existence of the contract without the
written consent of the department;
5.12
The service provider will undergo vetting by the State Security Agency and may be disqualified or
discharged if appointed, if it does not meet the security level required (see the Service Level
Agreement).
5.13
Report any known or suspected corruption involving the state to 0800 701 701 as is also required in
terms of section 34 of the Prevention and combating of corrupt activities act, (act 12 of 2004)
5.14
The bidders must comply with all the peremptory conditions set out above for their bids to be evaluated.
V ALIDITY P ERIOD
Proposals are expected to remain valid for 90 days from submission.
5.7
C ONTRACT P ERIOD
The contract period will be in line with the schedule of deliverables set out above and/or as per the written agreement
entered into by the preferred bidder and DEDEAT.
6
SUBMISSION OF PROPOSALS
As an entity registered on the DEDEAT Supplier Database, you are requested to submit a costed proposal for
delivering the specified services on behalf of DEDEAT. One original and two photocopies of the completed proposal
shall be placed in a sealed envelope clearly marked: “Eastern Cape Consumer Protection Policy Development and
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Legislative Review” and deposited in the Tender Box on the 2ND floor of the DEDEAT offices situated at Beacon Hill,
Hockley Close, King Williams Town. The closing date and time for the receipt of completed proposals is as
advertised in the call for proposals. Late proposals will not be considered.
Telegraphic, telexed, facsimiled or e-mailed submissions will not be accepted.
For technical information contact:
For bid enquiries contact:
Mrs Charnette Ferreira
Senior Manager: Consumer Protection
Tel: 043 605 7058/59;
Email: charnette.ferreira@deaet.ecape.gov.za
Ms Yolisa Masola
Admin officer: SCM
Supply Chain Management
Tel: (043) 605 7131 or 083 383 3625
e-mail: yolisa.masola@deaet.ecape.gov.za
DEDEAT reserves the right not to accept the lowest proposal in part or in whole or any proposal.
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APPROVAL OF TERMS OF REFERENCE
C. FERREIRA
M. MAMA
M. MAKUNGA
LEGAL ADVISOR
B MASIKA
K WALAZA
B. GXILISHE
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Not Approved
Not Approved
Not Approved
Not Approved
Not Approved
Not Approved
Not Approved
COMMENT(S)
SIGNATURE
DATE
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