REQUEST FOR PROPOSALS - Attorneys Fidelity Fund · The purpose of this Request for Proposals (“RFP”) is to request proposals from suitably qualified service providers for an IT

Request for Proposal/Tender: AFF T03/2017

AFF: T03/2017 Page 1 of 42 Service Provider: ___________________________________ Signature: _______________

REQUEST FOR PROPOSALS

TENDER NUMBER:

AFF: T03/2017

DESCRIPTION:

The purpose of this Request for Proposals (“RFP”) is to request proposals from suitably qualified service providers for an IT system to perform Fund Collection Management and Reconciliations relating to interest generated on Legal Practitioners Trust Accounts, paid over to the Attorneys Fidelity Fund.

PUBLISHED DATE:

11 August 2017

CLOSING:

Date: 28 August 2017 Time: 12h00 Noon

VALIDITY PERIOD:

40 days

BID RESPONSES MUST BE HAND DELIVERED / COURIERED TO:

Attorneys Fidelity Fund 5th Floor Waalburg Building 28 Wale Street Cape Town Attention: Ms Angeline Amamoo

Notes: Bidders must ensure that they sign the register at reception when delivering

their bids.

Bidders should ensure that bids are delivered in time to the correct address. If the bid is late,

it shall not be accepted for consideration. The reception is generally accessible 8 hours a day

(08h30 to 16h30); 5 days a week (Monday to Friday). Bidders must ensure that they sign the

register at the reception when delivering bids. Bidders must advise their couriers of the

instruction above to avoid misplacement of bid responses.



TABLE OF CONTENTS

Tenderers are to ensure that they have received all pages of this document, which consist of

the following documents:

PART A: TENDER INSTRUCTIONS & REQUIREMENTS

Content

Page

1. Invitation to Tender

3

2. Price Declaration by the Tenderer

6

3. Validity of Tender for the Period of Acceptance

7

4. Declaration of Interest

8

5. Certificate of Independent Bid Determination

12

6. General Conditions of Tender

15

7. Tax Clearance Requirements

17

8. Preference Points Claim in terms of the Procurement Policy

18

9. Timeframes

21

10. Tender/ Bid Declaration (Service Providers Declaration Form)

22

PART B: TERMS OF REFERENCE

11. Fund Collection Management System Terms of Reference

Part B, 35 - 40



1. INVITATION TO TENDER

Tender number:

AFF T03/2017

Closing date:

28 August 2017

Closing time:

12h00 Noon

DESCRIPTION

The purpose of this Request for Proposals (“RFP”) is to request proposals from suitably qualified service providers for an Information Technology (IT) system to perform Fund Collection Management and Reconciliations regarding Legal Practitioners Trust Accounts.

SCOPE INITIATIVE

The Attorneys Fidelity Fund is underway on an initiative to acquire an Information Technology (IT) Solution that can assist the Fund regarding the collection of interest from various Trust Accounts as per Legal Practice Act 28 of 2014

VALIDITY

40 days from the closing date of the tender

TENDER DOCUMENTS MUST BE PLACED IN THE TENDER BOX AS PER DETAILS

BELOW:

Attorneys Fidelity Fund

5th Floor Waalburg Building

28 Wale Street

Cape Town

Faxed or E-mailed tenders will NOT be accepted and will be disqualified. Tenderers should

ensure that their tender document arrives at reception before the closing date and time at the

correct address. If the tender is late, it will not be accepted for consideration.

All Tenderers must furnish the following particulars and include it in their submission (Failure

to do so may result in your bid being disqualified).

Name of Tenderer

Registration number



In case of a consortium/joint venture, full details on consortium/joint venture members:

(1)

Name of Entity

Registration number

VAT registration number

Tax Clearance Certificate submitted

Yes

No

(2)

Name of Entity

Registration number



Yes

No

(3)

Name of Entity

Registration number



Yes

No



Name of contracting entity in case of a consortium/joint venture:

Name of Tenderer

Registration number


Postal address

Street address

Contact details of responsible person who will act on behalf of the entity/consortium/joint

venture:

Name and Surname

Position

Telephone number

Code: Number:

Cell number

Facsimile number

Code: Number:

E-mail address



2. PRICE DECLARATION BY THE TENDERER

I/ We have examined the information provided in your tender document and offer to undertake

the work prescribed in accordance with the requirements as set out in the tender document.

The tender price quoted in this tender is valid for the stipulated period. We confirm the

availability of the proposed team members. We confirm that this tender will remain binding

upon us and may be accepted by you at any time before the expiry date.

Name and Surname

Signature

Date

Are you duly authorised to commit the tender

Yes

No

Capacity under which this tender is signed

The TOTAL TENDER PRICE is the all-inclusive price taking the various pricing elements of

the pricing schedule and adding them all together:

TOTAL TENDER PRICE note 1

R

Note 1: Total Cost of Ownership (TCO) to the Attorneys Fidelity Fund, inclusive of VAT



3. VALIDITY OF TENDER FOR THE PERIOD OF ACCEPTANCE

Validity of tenders for the period of acceptance:

The tender price shall be open for acceptance for a period of at least 20 calendar days after

the closing date of the tender. It should be noted that Tenderers may offer a shorter validity

period, but their bid may in that event, be disregarded for this reason. State if tender prices

shall be fixed or are subject to escalation in terms of a formula defined in the tender, or to be

defined by the tenderer, as applicable.

The tender holds good until: __________________________________________________

(State alternative period)

Print name : _______________________________________

Signature of Tenderer: _______________________________

Name of Company : _________________________________

Date : ____________________________________________



4. DEFINITION OF ACRONYMS

The following acronyms are used in Part A of this tender document

Acronym Description

AMTS Automated Monthly Transfer System

HDI Historically Disadvantaged Individuals

VAT Value Added Tax

SBD Standard Bidding Document

AFF Attorneys Fidelity Fund

AIIF Attorneys Insurance Indemnity Fund

JV Joint Venture

SME Small and Medium Enterprises

B-BBEE Broad-Based Black Economic Empowerment

5. DECLARATION OF INTEREST

5.1. Any legal person, including persons employed by the Fund, the Attorneys Insurance

Indemnity Fund, the respective Law Societies, or the Law Society of South Africa,

persons having a kinship with persons employed by the Fund, the respective Law

Societies, or the Law Society of South Africa, including a blood relationship, may make

an offer or offers in terms of this invitation to bid/tender. In view of possible allegations

of favouritism, should the resulting bid or part thereof, be awarded to persons

employed by the Fund, the respective Law Societies, or the Law Society of South

Africa, or to persons connected with or related to them, it is required that the bidder or

his/her authorised representative declare his/her position in relation to the

evaluating/adjudicating authority where –

• The bidder is employed by the state; and/or

• The legal person on whose behalf the bidding document is signed, has a

relationship with persons/a person who are/is involved in the evaluation and or

adjudication of the bid(s), or where it is known that such relationship exists

between the person or persons for or on whose behalf the declarant acts and

persons who are involved with the evaluation and/or adjudication of the bid.

5.2. In order to give effect to the above, the following must be completed and

submitted with the bid.

Full name of bidder or his/her representative

Identity number

Position occupied in the Company (director,



trustee, shareholder, etc.)

Company registration number

Tax reference number




5.2.1. The names of all directors /trustees/shareholders/members, their individual identity

numbers, tax reference numbers and, if applicable, employee numbers, must be

indicated in paragraph __ below.

5.2.2. Are you or any person connected with the bidder presently employed by the Attorneys

Fidelity Fund, the Attorneys Insurance Indemnity Fund, the respective Law Societies

and/or the Law Society of South Africa.

YES / NO

5.2.3. If so, furnish the following particulars:

Name of person/ director/trustee/member/ shareholder

Name of institution at which you or the person connected to the bidder is employed

Position occupied in the institution

Any other relevant particulars

5.2.4. If you are presently employed by the Attorneys Fidelity Fund, the Attorneys Insurance

Indemnity Fund, the respective Law Societies and/or the law Society of South Africa,

did you obtain the appropriate authority to undertake remunerative work outside your

employment.

YES / NO

5.2.4.1. If yes, did you attach proof of such authority to the bid document?

YES / NO

5.2.4.2. If no, please furnish reasons for non-submission of such proof.



5.2.5. Did you or your spouse, or any of the company’s directors/trustees/shareholders/

members or their spouses conduct business with the Attorneys Fidelity Fund, the

Attorneys Insurance Indemnity Fund, the respective Law Societies and/or the Law

Society of South Africa in the previous twelve months?

YES / NO

5.2.5.1. If so, please furnish particulars.

5.2.6. Did you or any person connected with the bidder, have any relationship (family, friend,

other) with a person employed by the Attorneys Fidelity Fund, the Attorneys Insurance

Indemnity Fund, the respective Law Societies and/or the Law Society of South Africa,

and who may be involved with the evaluation and/or adjudication of this bid?

YES / NO


5.2.7. Are you or any person connected with the bidder, aware of any relationship (family,

friend, other) between any other bidder and any person employed by the Attorneys

Fidelity Fund, the Attorneys Insurance Indemnity Fund, the respective Law Societies

and/or the Law Society of South Africa, who may be involved with the evaluation

and/or adjudication of this bid?

YES / NO




5.2.8. Do you or any of the directors/trustees/shareholders/members of the company have

any interest in any other related companies whether or not they are bidding for this

contract?

YES / NO


5.2.9. Full details of directors/trustees/shareholders/members

Full Names

Identity Number

Personal Tax Reference Number

Employee number

DECLARATION

I, THE UNDERSIGNED (Name) _______________________________________________

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 4.2.1 to 4.2.9

ABOVE IS CORRECT. I ACCEPT THAT THE ATTORNEYS FIDELITY FUND MAY

REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE

FALSE.

Signature: ___________________________ Name:__________________________

Position: ____________________________ Date: __________________________



6. CERTIFICATE OF INDEPENDENT BID DETERMINATION

6.1. This Standard Bidding Document (SBD) must form part of all bids¹ invited/ submitted.

6.2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an

agreement between, or concerted practice by, firms, or a decision by an association of

firms, if it is between parties in a horizontal relationship and if it involves collusive

bidding (or bid rigging).² Collusive bidding is a per se prohibition meaning that it

cannot be justified under any grounds.

6.3. Treasury Regulation 16A9 prescribes that accounting officers and accounting

authorities must take all reasonable steps to prevent abuse of the supply chain

management system and authorizes accounting officers and accounting authorities to:

6.3.1. disregard the bid of any bidder if that bidder, or any of its directors have

abused the institution’s supply chain management system and or committed

fraud or any other improper conduct in relation to such system.

6.3.2. cancel a contract awarded to a supplier of goods and services if the supplier

committed any corrupt or fraudulent act during the bidding process or the

execution of that contract.

6.4. This SBD serves as a certificate of declaration that would be used by institutions to

ensure that, when bids are considered, reasonable steps are taken to prevent any

form of bid-rigging.

6.5. In order to give effect to the above, the attached Certificate of Bid Determination must

be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be

expected to compete, secretly conspire to raise prices or lower the quality of goods and / or

services for purchasers who wish to acquire goods and / or services through a bidding

process. Bid rigging is, therefore, an agreement between competitors not to compete.



CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

_________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

_________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every

respect:

I certify, on behalf off:

_____________________________________________________________________ that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found

not to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying

bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been

authorized by the bidder to determine the terms of, and to sign the bid, on behalf of

the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the

word “competitor” shall include any individual or organization, other than the bidder,

whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their

qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same

line of business as the bidder.

6. The bidder has arrived at the accompanying bid independently from, and without

consultation, communication, agreement or arrangement with any competitor.



However communication between partners in a joint venture or consortium³ will not

be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor

regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market

allocation);

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit, or not to submit a bid;

(e) the submission of a bid which does not meet the specifications and conditions

of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or

arrangements with any competitor regarding the quality, quantity, specifications and

conditions or delivery particulars of the products or services to which this bid

invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the

bidder, directly or indirectly, to any competitor, prior to the date and time of the official

bid opening or of the awarding of the contract.

³ Joint venture or Consortium means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skill and knowledge in an activity

for the execution of a contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to

combat any restrictive practices related to bids and contracts, bids that are

suspicious will be reported to the Competition Commission for investigation and

possible imposition of administrative penalties in terms of section 59 of the

Competition Act No 89 of 1998 and or may be reported to the National Prosecuting

Authority (NPA) for criminal investigation and or may be restricted from conducting

business with the public sector for a period not exceeding ten (10) years in terms of

the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other

applicable legislation.

Signature: ___________________________ Name:__________________________

Position: ____________________________ Date: __________________________



7. GENERAL CONDITIONS OF TENDER

7.1. It is an absolute condition of the tender that the taxes of the tenderer must be in order,

or that suitable arrangements have been made with the Receiver of Revenue to satisfy

them.

7.2. An Original, Valid, Tax Clearance Certificate must be submitted as an original with the

tender proposal on or before the closing date and time of the tender. Failure to submit

an original and valid Tax Clearance Certificate may invalidate your tender.

7.3. Each party to a consortium/ sub-contractors submits a separate original and valid Tax

Clearance Certificate. Copies of the Application for a Tax Clearance Certificate are

available at any Receiver’s Office.

7.4. Tender forms contained within Part A of the Tender Document requesting information

have been drawn up so that certain essential information is to be furnished in a

specific manner and format. Any additional particulars shall be furnished in a separate

annexure.

7.5. The tender forms must not be retyped or re-drafted but photocopies may be prepared

and used.

7.6. Tender forms should not be filled in by means of mechanical devices, for example

typewriters. Black ink must be used to fill in tenders.

7.7. Tenderers shall check the numbers of the pages and satisfy them that none are

missing or duplicated. No liability shall be accepted in regard to claims arising from the

fact that pages are missing or duplicated.

7.8. Tenderers shall clearly state whether or not prices will remain firm for the duration of

the contract. Only firm prices will be accepted. Non-firm prices (including prices subject

to rates of exchange of variations) will not be considered. In cases where different

delivery points influence the pricing, a separate pricing schedule must be submitted for

each delivery point.

7.9. All prices shall be quoted in South African currency and be VAT inclusive.

7.10. Unless specifically provided for in the tender document, no tenders submitted may be

transmitted by telegram, telex, facsimile, e-mail or similar apparatus and will not be

considered.

7.11. The Attorneys Fidelity Fund reserves the right to withdraw this tender.

7.12. These conditions form part of the tender general conditions and failure to comply

therewith will invalidate your tender.



7.13. The service provider’s company letterhead must be used for the proposal’s cover letter

and reflect the company’s name and address.

7.14. The correct Tender Reference Number (See the front page of this RFP for the Tender

Number) and service provider’s company name must appear on all pages including the

proposal.

7.15. All pages of the proposal must be initialled by the responsible person.

7.16. All bidders responding to this Tender must be prepared to schedule a visit the offices

of the Attorneys Fidelity Fund or to another location upon request. In addition, bidders

may be interviewed as part of the selection process.

7.17. The Attorneys Fidelity Fund is not responsible for any expense incurred in preparing

and submitting a Proposal or taking any action in connection with the selection

process, or for the costs of any services performed in connection with submission of a

Proposal.

7.18. Late submissions will not be accepted. A submission will be considered late if it arrives

only a second after 12:00 or any time thereafter. The tender shall be locked at exactly

12:00 and tenders arriving late will not be accepted under any circumstances.

Tenderers are therefore strongly advised to ensure that their tenders be dispatched

allowing enough time for any unforeseen events that may delay the delivery of the

tender.



8. TAX CLEARANCE REQUIREMENTS

8.1. It is a tender condition that the taxes of the successful bidder must be in order, or that

satisfactory arrangements have been made with the South African Revenue Services

(SARS) to meet the bidder’s tax obligations. Should a Tax Clearance Application be in

progress, then proof from SARS must be provided that an application is in progress.

8.2. In order to meet this requirement, bidders are required to obtain from SARS and

complete in full the “Application for a Tax Clearance Certificate” and submit it to any

SARS branch office nationally.

8.3. Application for the Tax Clearance Certificate may also be made via e-Filling. In order

to use this provision, taxpayers will need to register with SARS as an e-Filer through

the SARS website.

8.4. Tax clearance requirements are also applicable to foreign bidders/individuals who wish

to submit bids.

8.5. SARS will verify that the bidder’s tax matters are in order and furnish the bidder with a

original Tax Clearance Certificate which will be valid for a period of one year from date

of approval.

8.6. The original, valid Tax Clearance Certificate must be submitted together with the

bid/tender proposal. Failure to submit original, valid Tax Clearance Certificate will

result in the bid/tender proposal being invalidated. Certified copies of the Tax

Clearance Certificate will not be accepted.

8.7. In bids where Consortia/Joint Ventures/Sub-Contractors are involved, each party must

submit a separate original, valid Tax Clearance Certificate. Certified copies of the Tax

Clearance Certificate will not be accepted.



9. PREFERENCE POINTS CLAIM IN TERMS OF THE SUPPLY CHAIN POLICY

The preference point system will be applied in the adjudication of all bids/tenders.

9.1. GENERAL CONDITIONS

9.1.1. In order to give preference to affirmable enterprises, proposals from prospective

providers/suppliers, procurement will be evaluated on a point-scoring system as

follows:

▪ For values not exceeding R100 000 - the 80/20 preference point system is used.

▪ For values exceeding R100 000 - the 90/10 preference point system is used.

9.1.2. Points are allocated as follows:

Criteria 80/20 point scoring

system

90/10 point scoring

system

Price / Functionality 80 points 90 points

Equity Ownership 4 points 2 points

Management 2 points 1 point

Employment Equity 2 points 1 point

Skills Transfer 4 points 2 points

Women 4 points 2 points

Disability 2 points 1 point

Locality/SME/SMME/other 2 points 1 point

9.2. ADJUDICATION USING A POINT SYSTEM

9.2.1. Tenders will be evaluated on Functionality and Price as well as HDI.

9.2.2. A specified minimum number of points must be scored for functionality to qualify for

further adjudication, and points for qualifying bids will be combined with the points

scored for price which will not exceed 80 or 90 points dependant on which point

system is applicable.

9.2.3. Preference points shall be calculated after prices have been brought to a comparative

basis.



9.2.4. Points scored will be rounded off to 2 decimal places.

9.2.5. The tender obtaining the highest number of points will be awarded the contract.

9.3. POINTS AWARDED FOR FUNCTIONALITY AND PRICE

9.3.1. The 80/20 or 90/10 preference point system will be applied in the adjudication of all

bids/tenders. A specified minimum number of points for functionality must be scored to

qualify for further adjudication. Points for functionality and price will be established

separately for each individual tender and calculated in accordance with the provisions

stated within the policy. The functionality points for qualifying bids/tenders will be

combined with the points scored for price which will not exceed 80 or 90 points.

9.3.2. Ownership

Points will be allocated for ownership of an enterprise by HDIs 51 - 100% = 2 points 25.1 - 50% = 1 point

9.3.3. Management

Only the executive management of the enterprise will qualify for a maximum of 1 point should the enterprise be managed by 50,1% or more HDIs at the executive level.

9.3.4. Employment Equity

Enterprises will qualify for a maximum of 1 point should their staff complement comprise 50% or more people from historically disadvantaged communities. To this effect, tenderers must substantiate any claim for this point by submitting a certificate from the Department of Labour regarding their staff complement and positions held within.

9.3.5. Skills development

A maximum of 2 points will be allocated for either of the two elements as follows: Employees within the enterprise – 2; or Transfer of skills to JV partners – 2.

Tenderers must indicate in their tender submission the point/s claimed and substantiate what skills transfer have taken place in terms of their employees or how will this be managed during the execution of the contract.

9.3.6. Women

In this respect, there is no distinction between women in terms of designated groups and all women shall therefore qualify for a maximum of 2 points as follows:

Ownership – 25% or more = 1 point Management – 25% or more = 1 point

9.3.7. Disability

An enterprise will qualify for a maximum of 1 point should any of their owners or employees fall into this category.



9.3.8. Locality

A maximum of 1 point will be allocated for an enterprise that is located within the boundaries of a designated municipal area in which the relevant office of the AFF is situated (Cape Town and/or Centurion).

9.3.9. Locality

The value of tender attributable to sub-contractors is limited to 25%.

9.3.10. The 80/20 or 90/10 preference point allocation systems

A maximum of 80 or 90 points is allocated for functionality and price where the total

combined points allowed for functionality and price, may not exceed 80 or 90 points:

80/20 90/10

Np= 90{1 – (P - Pm)} or Np= 90{1 – (P - Pm)} Pm Pm

Where Np = the number of tender adjudication points awarded for price

Pm = the price of lowest responsive tender, adjusted to a

common base if applicable

P = the price of the responsive tender under consideration, adjusted to a common base if applicable.



10. TIME FRAMES

Published date

11 August 2017

Closing date

28 August 2017

Validity period

40 days

Project commencement

02 October 2017



11. TENDER BID DECLARATION

Tenderers who claim points in respect of equity ownership must complete the service

providers declaration form (Service Provider Declaration Form) below.



SERVICE PROVIDER DECLARATION FORM

NB: Should your FORM not be completed in full with your Tender/Proposal will be rejected.

Information in this questionnaire received will be treated with confidentiality.

Company name:

Completed by:

(Full name and surname)

Designation

Date

IMPORTANT NOTES: PLEASE READ CAREFULLY

To be completed by all Service Providers responding to a tender/ proposal or upon

registration as an approved service provider on the procurement data base;

The application must be completed in full, be signed and commissioned by a Commissioner

of Oaths where required.

A company profile must accompany the registration form but will not be accepted as a

substitute for the application form – all fields on the application form must be completed by

the tenderer.

Attached the following:

• Valid original Tax Clearance Certificate

• Copy of Registration Certificate (CC or Pty Ltd), Articles of Association and

Memorandum of Agreement, whichever is applicable.

• Company profile including experience.

• A copy of the previous three years audited/ signed-off financial statements.

• Copies of SABS or any other rating or accreditation, certificates etc. where

applicable.



SERVICE PROVIDER DETAILS

Registered name of the Company

Trading name of the Company

Company/ Close Corporation Registration Number

VAT Registration Number

Income Tax Reference Number

Telephone Number

Fax Number

Web Address

E-mail Address

Business Physical Address

Postal Address

Name of Contact Person

Contact Numbers Cell




Type of firm (Please √ the relevant box or boxes)

Public Company

Private Company

Closed Corporation

Sole Proprietor

Partnership

Trust

Section 21 Company

Government/Parastatal

Joint Venture

Consortium

Other, specify: _______________________________________

Participation capacity (Please √ the relevant box or boxes)

Prime Contractor

Sub-Contractor

Supplier

Developer

Services including Professional

Manufacturer

Repairer

ISO Listed

Importer

Exporter

Distributor

Sales

Other, specify: _______________________________________

Small, medium, micro enterprise (smme) status Please √ the relevant box or boxes)

Micro

Very small

Small

Medium

Large

Total number of employees

Full time

Number:

Part time

Number:




List of all partners, proprietors and shareholders

Name and

Surname

Identity Number

Citizenship Date of Ownership

% of Ownership

% Voting Status (HDI,

Woman, Disabled)

List and identify any owner or management office bearer who has an ownership interest in another firm

Name and

Surname

Identity Number


% of Ownership

% Voting Status (HDI,

Woman, Disabled)

List and identify any owner or management officer who is an employee or has duties in another business

Name and

Surname

Identity Number


% of Ownership

% Time Devoted

Status (HDI,

Woman, Disabled)




Indicate by name and status, those individuals in the firm (including owners and non-owners) responsible for the day to day management and business decisions

Activity Name and Surname

Race Gender Disabled (Yes/No)

Financial Decisions

Cheque signing

Acquisition of lines of credit

Sureties

Major purchases or acquisitions

Signing of contract

Management Decisions

Estimating

Marketing and sales operations

Hiring and firing of management

Supervision of office personnel

Supervision of field/production activities




Client details where similar projects to this tender have been undertaken

Company/Institution name

Address

Contact person and number

Value of contract and date

Description of work


Address



Description of work


Address





Description of work


List your current main clients below


R-value per annum and turnover %

R

%




R

%




R

%




R

%





General

Did the firm exist under a previous name?

YES / NO If YES, what was its previous name?

Does your company or any of its employees have a vested interest in the Attorneys Fidelity Fund, the Attorneys Insurance Indemnity Fund, the respective Law Societies and/or the Law Society of South Africa

YES / NO If YES, state where the said employee/s have such vested interest

Indicate as to whether any of the partners, proprietors and shareholders is in the service of the Attorneys Fidelity Fund, the Attorneys Insurance Indemnity Fund, the respective Law Societies and/or the Law Society of South Africa, or has been in their service in the previous twelve months

Name:

Institution:

Description:

At what % of full capacity are you operating?

What % of work, directly or indirectly, is for the Attorneys Fidelity Fund, the Attorneys Insurance Indemnity Fund, the respective Law Societies and/or the Law Society of South Africa

Have you been previously on the approved supplier list of the Attorneys Fidelity Fund, the Attorneys

YES / NO If YES, specify



Insurance Indemnity Fund, the respective Law Societies and/or the Law Society of South Africa


What was your average turnover (excluding VAT) during the previous three financial years?

Who are your present material/equipment/services suppliers or provider

Does your company have an after-hours service policy?

YES / NO If YES, specify

Are warranties offered on new items/ repairs, etc?

YES / NO If YES, state particulars



BANKING DETAILS

I/We hereby request and authorize you to pay any amounts which accrue to me/us to the credit

of my/our bank account with the below-mentioned bank. I/we understand that the credit

transfer hereby authorized will be processed by computer through a system known as

Electronic Funds Transfer and I/we also understand that no additional advice of payment will

be provided by my/our bank, but details of each payment will be printed on my/our bank

statement or any accompanying voucher. (This does not apply where it is not customary for

banks to issue bank statements.) I/we understand that a payment will be applied by the

Attorneys Fidelity Fund in the normal way, and that it will indicate the date on which funds will

be available in my/our account.

Bank account name:

Name of Bank:

Branch code and name:

Account number:

Type of account

Cheque/current

Savings

Transmission

Bank details to be certified as correct by DATE STAMP of BANK

Name and Surname:

Signature:

Designation:

Telephone number and code:

Fax number and code



I/We the undersigned, acknowledge(s) that:

The information furnished is true and correct

• The B-BBEE points claimed is in accordance with the General Conditions contained

within this document

• Any conflict of interest has been declared in writing

• An official AFF Purchase Order will be accepted

• Payment of any goods delivered or services rendered will be effected in terms of the

subsequent engagement/appointment agreement

Name and Surname:

Signature: (Duly authorised to sign)

On behalf of: (Name of Firm)

Physical address:

Telephone number and code

Date

REGISTERED COMMISSIONER OF OATHS:

Signature:

Commissioner’s stamp with registered number

Date:

Failure to have a copy of this document signed by a Commissioner of Oaths may invalidate this tender/proposal submission



PART B – TERMS OF REFERENCE

Fund Collection Management System Phase 1 - (Direct Trust Interest

Collection)

1. Introduction

The business and strategic views for Direct Trust Interest Collection Attorneys

Fidelity Fund in terms of the Attorneys Act, 53 of 1979 (and also provided for in the

Legal Practice Act 28 of 2014), can be summarized as follows:

▪ Trust Interest Collection from Firms trust current bank accounts (Section 78(1)

accounts);

▪ Trust Interest Collection from Firms trust savings or other interest-bearing bank

accounts (section 78(2)(a) accounts) opened for the benefit of the Attorneys

Fidelity Fund (AFF);

▪ Collection from Firms of the 5% share of interest from trust savings or other

interest-bearing bank accounts opened for the benefit of clients (section 78(2A)

accounts);

▪ Reporting on trust interest collection compliance by Practitioners and Firms for

accounts opened in terms of Section 78(1), Section 78(2)(a), and Section

78(2A)) accounts;

▪ Establishment of technical capability in the form of an electronic-filing portal for

Firms to account for and pay over trust interests;

2. Conceptual Solution Architecture

The requirements for Trust Interest Collection can be summarized in Figure 1. The

capability envisaged is high-lighted in Red.



Figure 1 : Conceptual Solution Architecture

3. Technical Requirements

3.1 Technical Infrastructure Requirements

• Service provider must recommend appropriate server and technical

infrastructure to host the Fund Collection Management System;

• The Attorneys Fidelity Fund predominantly use Window Platform as its

standard, as a result, the recommended technical infrastructure must be

aligned to the Window Platform;

• The Attorneys Fidelity Fund predominantly use Microsoft SQL server as its

database technology standard, as a result, the recommended solution must use

such a technology for data storage;

• The system will be accessed outside the network infrastructure of Attorneys

Fidelity Fund by external stakeholders such as Law Firms, especially the E-

portal side of the solution;

• The Attorneys Fidelity Fund uses the FortiGate Firewall Technology, as a result

the recommended especially the web component (e.g. e-portal and

administrative web graphical user interface) must be compatible with it.



3.2 Systems Functionalities

3.2.1 Automated Interest Collection

• The system must be able to read and process all the transaction information

coming from the banks in terms of Automated monthly payments (AMTS) and

perform reconciliatory activities;

3.2.2 Manual Interest Collection

• The integrated system must integrate with Master Data Management Systems

to retrieve unique Practitioner number as well as a Firm number to be used in

payment references, and also relationships between Practitioners and Firms;

• Each Firm record must contain a record for interest collections, differentiated

by bank. It is common for a Firm to have section 78(1) accounts with more than

one bank, so there must be provision for at least 6 interest collection sub-

records;

• Each Firm record must contain banking details in respect of each section 78(1)

account (bank account number, name of bank, ACB code and branch name);

• The template used by the banks for monthly reporting will contain the Firm

number (there must be constant interaction between the banks and the AFF in

this regard).

• The integrated system must contain a unique identifier for each bank;

• On receipt of an AMTS report from a bank, the AFF will upload the information

and allocate to the appropriate interest collection record using the bank

identifier and Firm number. Exceptions will be allocated manually;

• Manual payments received from Firms will be processed by AFF staff, as

described in a separate section below. Such manual payments to be allocated

to the appropriate Firm record, using the bank identifier and Firm number.

Receipt numbers to be captured;

• Following the reconciliation process, if there is remaining section 78(1) interest

to be collected from a Firm the system must generate reminder letters

addressed to Firms via email;

• Once the interest collection process is completed for a particular year, the

system must provide for the Firm record to indicate accordingly.



• The application form for a Fidelity Fund Certificate (FFC – see separate

section) to be completed by each Firm, contains the section 78(1) bank

balances. System must include functionality to compare interest received as

a percentage of bank balances, on a per Firm basis. System to generate

reports of Firms where interest percentage is comparatively low;

• A Firm will identify the interest credited to its section 78(1) accounts at those

banks which do not offer functionality for AMTS, for a calendar month, and;

• Pay over such interest to the AFF by close of business on the 15th day of the

succeeding month;

• Firms will pay over by EFT or cheque, using the unique firm identifier

reference, and the bank identifier;

• Such manual payments to be allocated to the appropriate Firm record, using

the bank identifier and Firm number; and

• Receipt numbers to be generated and emailed to Firms.

3.3 Technical Communication Requirements

• The solution must have the capability to automate system-driven email

communications to Legal Firms where there has been a large percentage

decline in gross interest, or a large percentage increase in trust account bank

charges;

• System to generate automatic no-reply emails to Firms, in instances where

there has been a large percentage decline in gross interest, or a large

percentage increase in trust account bank charges; and

• All auto-system-generated emails must be archived in the Firm’s record on

the central system.

3.4 Security and Access Control Requirements

• The solution must have a comprehensive role-based access for all users and

maintain information privacy management;

• The solution must provide multi-user access and administrative control of user

profiles at system level as well as data access level;

• The solution must provide for state-of-the-art user access control (capturers,

authorizers and administrators); and



• It is anticipated that there could be as many as 12 capturers, so provision

should be made for approximately 20 users.

3.5 Audit Logging Requirements

• The solution must contain an audit logger, providing functionality to monitor

the activities of all users and track all the changes;

3.6 Integration Requirements

The Fund Collection Systems/Solution must be fully service-enabled (out-of-the-box

services) to allow integration with Master Data Management Solution to extract the

information relating to Practitioners and Firms as well as related information. The

solution must be able to support the following data patterns;

• Batch;

• Real-time publication (Data Propagation); and

• Real-time subscription (Data Consumption).

The Fund Collection System ability to handle multiple integrations and application

calls to extract information relating to Practitioners, Firms, Account Information and

Trust Interest information.

The Fund Collection System will also integrate with the following application

systems:

• Trust system;

• Fidelity Fund Certification Systems (FFC system)

3.7 Functional Reporting Requirements

The solution must be able to generate various customized reports that meet

Attorneys Fidelity Fund’s reporting requirements, requirements can be summarized

as follows:

• Firms - List firms in a specified region, town;

• Firms - List firms, per region, per bank, filtered according to gross interest

generated;



• Firms - List firms, per region, per bank, filtered according to net interest

collected;

• Firms - List firms, per region, per bank, filtered according to trust account

bank charges;

• Firms - Generate a report per firm, per bank, showing a 12-month history of

interest collections (gross interest, less bank charges, net);

• Firms – List firms, per region, with declining interest collections;

• Firms – List firms, per region, with increasing bank charges;

• Bank – List total number of accounts for a specified bank;

• Bank – List Firms and account numbers;

• Bank – List total number of accounts for all banks;

• Bank – List Firms, average balance over past 12 months, net interest return;

• Bank – List Firms, average balance over past 12 months, gross interest

return;

• Financial – List total gross interest generated, for specified year, for specified

region;

• Financial – List total gross interest generated, for specified year, for specified

town;

• Financial – List total net interest received, for specified year, for specified

region;

• Financial – List total net interest received, for specified year, for specified

town;

• Financial – List total bank charges refunded, for specified year, for specified

region; and

• Financial – List total bank charges refunded, for specified year, for specified

town.

4. Time Frames

Table 1 outlines the plan dates for the Trust Interest Collection System.

Table 1: Timelines for RFP

Activity Deadline

RFP Issuance Date 11 August 2017



Closing date for Questions 18 August 2017

Tender closing date and time 28 August 207 @ 12.00 noon

Envisaged Commencement 02 October 2017

5. Contact Persons

Enquiries on the business needs and requirements;

▪ Mr. Sechaba Letooane, accessible at [email protected]

Enquiries on the technical needs and requirements;

▪ Mr. Tiisetso Toloane, accessible at [email protected]

6. Duration of the project

The duration of this project is estimated to be 6 months. The contract will be Fixed

Price throughout the duration, unless AFF and AIIF change the scope of the project to

include newer requirements, and this will be treated as scope change and priced

accordingly. The project will be conducted primarily from 1256 Heuwel Road,

Centurion, which is the AFF and AIIF House, however the tenderer must be aware of

possible site visits to Cape Town office as well as Pietermaritzburg.

7. Pre-Qualification Requirements

The technology solution service provider must provide evidence of experience in

rolling-out similar technology in form of letters from clients with contact details. If

technology solution service provider is a reseller/implementation partner of another

technology vendor, such service provider must at-least a ‘gold partner’.

• The vendor must have implemented at least 5 technical solutions for

fund/finance collection competency or related solutions (Reference letters from

clients with contactable persons must be provided;

• Service provider must recommend the team made of technology certified

personnel;

• Service provider must at-lest be a ‘golf partner’ of the technology vendor; and

• Service provider must have South African presence.

8. Project Planning, Pricing and Schedules

The tenderer must provide a timeline plan with clear milestones / deliverables

associated with high-level requirements for the Fund Collection Management Solution

documented in the terms of reference. The service provider must make a financial

mailto:[email protected]

mailto:[email protected]



proposal that includes all aspects of the requirements documented in the terms of

reference.

Documents

REQUEST FOR PROPOSALS - Attorneys Fidelity Fund · The purpose of this Request for Proposals (“RFP”) is to request proposals from suitably qualified service providers for an IT