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APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 1 of 21APPOINTMENT OF A SERVICE PROVIDER TO COORDINATETHE PLANNING, MANAGEMENT, AND IMPLEMENTATIONOF THE CONSTRUCTION INDUSTRY SME DEVELOPMENTPROJECT FOR A PERIOD OF EIGHTEEN (18) MONTHSVOLUME 1 OF 4: INSTRUCTION TO BIDDERSFor cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 2 of 21CHECKLIST OF RETURNABLE SCHEDULES AND DOCUMENTSPlease adhere to the following instructions Tick in the relevant block below, the documents and schedules that form part ofyour responseUse the prescribed sequence in attaching the annexes that complete the BidDocument ITEMMANDATORYAnnexure A.Tenderers Experience Annexure B.Approach Paper Annexure C.Grant Fundraising Annexure D.Key Personnel Experience For cidbWitnessCHECK BOX( )BidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 3 of 21INDEXNOCLAUSE HEADINGPAGE1GLOSSARY OF TERMS. 42BID SUBMISSION . 63BIDDERS’ DUE DILIGENCE . 74COMPULSORY BRIEFING SESSION . 75BID DOCUMENTS . 76SUBMISSION OF PROPOSALS . 77RFP LIAISON STRUCTURE . 88GENERAL PROPOSAL REQUIREMENTS . 99PROPOSAL VALIDITY . 1110QUALIFICATION AND EVALUATION . 1211CONFIDENTIAL INFORMATION . 1612INTELLECTUAL PROPERTY. 1713INDEMNITY . 1714GOVERNING LAWS AND RULES . 1715INCORRECT OR MISLEADING INFORMATION . 21For cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 4 of 211GLOSSARY OF TERMSFor purposes of this document, the following definitions are used and all references tolegislation are to legislation as amended from time to time:1.1“BBBEE”has the meaning defined in the Broad Based Black EconomicEmpowerment Act, Number 53 of 2003;1.2“Bid”means a proposal submitted by a Bidder in response to thisRFP;1.3“Bidder”means an owner/entity/ joint venture/ consortium who havingreceived the RFP intends to respond thereto by submitting aproposal;1.4“Black People”has the meaning defined in the Broad Based Black EconomicEmpowerment Act 53 of 2003;1.5“Consortium”means any group of persons wishing to be considered for theprovision of the Services required under this RFP,irrespective of whether there is any formal agreementbetween them;1.6“Constitution”means the Constitution of the Republic of South Africa, Act108 of 1996;1.7“cidb”means the Construction Industry Development Board;1.8“Government”means the Government of South Africa constituted in termsof the Constitution, any one or more of the three spheres ofGovernment being national, provincial and municipal;1.9“Management Control”means, in relation to any enterprise, the ability to direct orcause the direction of the business and management policiesor practices of the enterprise1.10“Member”means, with respect to a Bidder, which is a Consortium, eachmember thereof, including each Relevant Entity1.11“PFMA”means the Public Finance Management Act, Number 1 of1999;For cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 5 of 211.12“Project”means the appointment of a service provider to coordinatethe planning, management, and implementation of theconstruction industry SME development project for a periodof eighteen (18) months1.13“Project Officer”The Officials authorised by the cidb to interact with Biddersfor this RFP as named in this document;1.14“Bidder”means owner/ entity/ joint venture/ consortium responding tothe RFP;1.15“RFP”means the request for proposal issued by the cidb which ismade up of the following:(i)Volume 1 of 4: Instructions to Bidders,(ii)Volume 2 of 4: SBD Forms(iii)Volume 3 of 4: Terms of Reference(iv)Volume 4 of 4: General Conditions of Contract1.16“Successful Bidder”means the Bidder who following evaluation of its proposal inresponse to the RFP is selected by the cidb as the party withwhom to conclude the Service Level Agreement;1.17“ZAR” or “Rand(s)”means the South African Rand, being the official currency ofSouth Africa.For cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 6 of 212BID SUBMISSION2.1The cidb provides the information which is contained in or sent with this RFP orwhich is made available in connection with any further enquiries or in subsequentBriefing Notes, in good faith.2.2This document (which expression shall include all other information, written or oral,made available during the procurement process) is being made available by thecidb to potential Bidders on the condition that it is used solely for this procurementprocess and for no other purpose. The cidb is not obliged to accept any responseto this RFP.2.3Bidders to this RFP will be deemed to have satisfied themselves as to the authorityof the cidb to procure the Project and to be fully acquainted with the laws of SouthAfrica (including without limitation all statutes and regulations on a national,provincial and municipal level).2.4Bidders are therefore, at any stage of the Project, not entitled to request anyadditional information, advice or opinion from any of the officials of the cidb.2.5Each Bidder to whom this RFP (and other related documents) is made availablemust make his, her or its own independent assessment of the Project.2.6While reasonable care has been taken in preparing this RFP and other relateddocuments, it does not purport to be comprehensive or to have been verified bythe cidb, its officials, employees, advisors or any other person. The cidb, itsofficials, employees or any of its advisors do not accept any liability or responsibilityfor the adequacy, accuracy or completeness of any of the information or opinionsstated in this RFP or other related documents.2.7No representation or warranty, express or implied, is or will be given by the cidb,or any of its officers, employees, servants, agents or advisors with respect to theinformation or opinions contained in this RFP or other related documents. Anyliability in respect of such representations or warranties, howsoever arising ishereby expressly disclaimed.2.8The cidb reserves the right to amend, modify or withdraw this RFP, or to amend,modify or terminate any of the procedures or requirements of the RFP at any timeand from time to time, without prior notice and without liability to compensate orreimburse any Bidder.2.9If any Bidder or Bidder, its employees, advisors or agents make or offer to makeany gift to any public official or employee of the cidb, consultant to the cidb on theProject either directly or through an intermediary then, such Bidder or Bidder willbe disqualified forthwith from participating in the procurement of the Project.For cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 7 of 213BIDDERS’ DUE DILIGENCE3.14COMPULSORY BRIEFING SESSION4.15No compulsory briefing session is applicable for this bid.BID DOCUMENTS5.16Upon receipt of proposals from Bidders, the cidb will assume that the Bidder hassufficiently familiarized themselves with the content of the RFP, its volumes,schedules and related annexures.RFP documents, are obtainable from the cidb website: www.cidb.org.zaSUBMISSION OF PROPOSALS6.1Closing dateBidders must submit their proposals on the 25 November 2021 not later than11h00 at Reception, cidb Head Office, SABS Campus, Block N & R, 2 DrLategan Road, Groenkloof, Pretoria in the Tender Box.Faxed and Emailed submissions will not be accepted.6.2Postponement of closing dateThe cidb reserves the right to postpone the submission date as indicated in Clause6.1 above, however, Bidders should not pre-empt or rely on any postponements ofthe submission date as the cidb does not foresee any reasons for postponementat this stage.6.3Late submissionsNo late submissions will be accepted by the cidb.6.4Incomplete submissionsIncomplete submissions, namely submissions that do not contain a response ascontemplated in this RFP will be marked as incomplete, and may, at the cidb’s solediscretion, be rejected.6.5Proposals to be consideredOnly proposals submitted by Bidders will be considered for evaluation.For cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 8 of 216.6Correction of ErrorsThe complete Proposals shall be submitted without alterations, erasures oromissions, except those to accord with instructions issued by the Project Officerthrough Briefing Notes, in which case, such corrections shall be initialled in blackink by the person or persons signing the proposal.6.7Amendments to ProposalsThe cidb reserves the right, subject to compliance with legal administrativerequirements, to request and accept any amendment to or modification of anyaspect of any proposal from any selected or Successful Bidder at any time.6.87Cost of Submitting Proposals6.8.1Each Bidder, its relevant entities or any other person shall bear all costsassociated with the preparation and submission of its proposal(s),including all its own costs incurred on any of the stages in the procurementprocess.6.8.2Should the process be terminated at any stage as a result of it beingtainted by the corrupt activities of one or more of the Bidders and/orMember(s) whether in breach of the provisions of this RFP or otherapplicable legal requirements, then the cidb shall have the right to recoverfrom the said Bidder and/or Member(s) whose conduct has tainted theprocess any other damages or costs to the cidb flowing from suchtermination.RFP LIAISON STRUCTURE7.1The cidb has implemented a liaison structure whereby the Project has beenallocated a Project Officer, German Mphahlele.7.1.1Bidders are advised to address all correspondence relating to this Projectto the following people as indicated below:Technical Queries: German MphahleleTelephone: 27(12) 482 7278E-mail:GermanM@cidb.org.zaBidding Process: Sphiwe MlangeniFor cidbWitnessTelephone: 27(12) 482 7328E-mail:SphiweM@cidb.org.zaBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 9 of 2187.1.2All correspondence from the Bidder should be addressed to the ProjectOfficer and must be signed by an authorised person or persons, legallybinding the Bidder. All such signatures must indicate the name(s) of theperson(s) signing them, their position(s) and the name of theirorganisation.7.1.3Any additional information, responses to queries and/or changes to theRFP will be communicated to Bidders in the form of Briefing Notes.Bidders are advised to ensure that they have received all issued BriefingNotes.7.1.4Bidders may ask for clarification on this RFP invite up to 5 (five) businessdays before the closing date specified for this RFP.GENERAL PROPOSAL REQUIREMENTS8.1Format of Proposals8.1.18.1.2For cidbWitnessSigning requirements of a single entity8.1.1.1Where the Bidder is a single legal entity, the principal orperson(s) duly authorised to legally bind the legal entityconcerned shall sign the original proposal. Each such personor persons shall be properly authorised to sign suchdocumentation by way of a formal resolution by the board ofdirectors8.1.1.2, or its equivalent, of the organisation concerned. Copies ofsuch an authorisation, authorising the signatory to theproposal, resolution, properly dated, must accompany eachproposal in the format provided in the RFP.8.1.1.3In addition, the signatory shall make a written declaration tothe effect that all documentation signed by him or her isfactually correct and true.Signing requirements of a consortium or joint venture8.1.2.1Proposals submitted by a consortium or a joint venture shall besigned by the lead Member so as to legally bind all theconstituent members of the consortium.8.1.2.2Proof of the authorisation of the lead Member to act on behalfof the consortium or a joint venture shall be included in theproposal submitted.BidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 10 of 218.1.3For cidbWitness8.1.2.3The lead Member shall be the only authorised party to makelegal statements and receive instruction for and on behalf of anyand all partners of the consortium or the joint venture.8.1.2.4A copy of the agreement entered into by the consortiumpartners or the joint venture partners for the formation of theconsortium or joint venture shall be submitted with theProposal.8.1.2.5The consortium/joint venture must submit a consortium/jointventure BBBEE certificate.8.1.2.6In addition, every signatory shall make a written declaration tothe effect that all documentation signed by him or her is factuallycorrect and true.Format of submissions8.1.3.1Bidders are requested to submit their bids in a clearly structuredway. All parts of the proposal are to be clearly headed, pagesshould be numbered, and a detailed content listing is to beprovided. The bids should follow a consistent numberingsystem (volumes, sections, headings, paragraphs, subparagraphs, etc.) that allows for easy cross-referencing, bothwithin the proposal and also in terms of clarification questions,etc.8.1.3.2All proposals should be submitted in the format as prescribed(in PDF and MS Word or Microsoft compatible products) andaccording to the following instructions:8.1.3.2.11 (one) original printed and in an arch lever fileand full 1 (one) electronic copy saved in amemory stick clearly marked.8.1.3.2.2Only proposals completed in English will beaccepted.8.1.3.2.3The onus is on the Bidder to submit all relevantinformation.8.1.3.2.4Bidders must warrant that copy 1, together withthe electronic copy, are identical to the submittedoriginal and accept that any inconsistencybetween the original submission and anycopy(ies) will be at their sole risk.BidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 11 of 218.1.3.2.58.1.4Bidders are nonetheless requested to avoidunnecessary duplication or repetition ofinformation, and not to submit irrelevantinformation.Identification of Proposal document8.1.4.1Bidders should prepare and submit proposals that are clearlyand visibly identifiable as a Proposal for Tender NumberCIDB/015/2122 and include the following information on theoutside of the Proposal:Name of the Bidder;Tender number;Bid description;“Original” or “Copy” clearly indicated;Date of submission; andIdentification of each Proposal parcel.8.1.4.2Each and every Proposal parcel included in the proposaldocument should clearly indicate the following information:Name of Bidder;Tender number;Bid description;“Original” or “Copy” clearly indicated; andParcel identification including volume description9PROPOSAL VALIDITY9.1Validity PeriodProposals shall remain valid and open for acceptance for a period 120 days fromthe closing date, and any agreed extension of the validity period.9.2Extensions to the Validity PeriodThe cidb may, in exceptional circumstances, request the Bidder for an extensionof the validity period, prior to the expiry of the original proposal validity period. Therequest and the response thereto shall be made in writing. A Bidder agreeing tothe request will not be permitted to modify its Proposal.For cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 12 of 2110QUALIFICATION AND EVALUATION10.1Evaluation Structure10.1.1The cidb has formed a series of bodies to undertake the evaluationprocess against the stated evaluation criteria. There will be a 3 (three) tierapproach, being:10.1.1.1 the Bid Evaluation Committee, comprised of officials from thecidb and any other government official(s) or external expert(s),who may be appointed by the accounting officer in writing, toprovide professional advice and input regarding the, technical,financial, and BBBEE aspects of the proposals, reporting to theBid Adjudication Committee. The Bid Evaluation Committee,assisted by its sub-committees on technical, financial, andBBBEE aspects, shall evaluate the proposals received from theBidders.10.1.1.2 the Bid Adjudication Committee comprised of the cidb’s officialsand any other government official(s) or external specialist(s) orexpert(s) will consider the recommendations from the BidEvaluation Committee on the Successful Bidder. The BidAdjudication Committee will, on the basis of therecommendations received from the Bid Evaluation Committee,further recommend to the Accounting Officer the outcome of theBid Evaluation Committee’s report.10.1.210.2The Accounting Officer reserves the right to modify and amend the aboveprocedures, subject to applicable law at its discretion in appropriatecircumstances. Bidders will be notified of any material changes.Evaluation Approach10.2.1The cidb has adopted a three (3) stage approach in assessing, analysingand evaluating Proposals, being:10.2.1.1 First stage: Administrative. / Mandatory Requirements10.2.1.2 Second stage: Functionality10.2.1.3 Third stage: Price and B-BBEEFor cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 13 of 2110.3First stage: Administrative/Mandatory RequirementsThe Bidders must fully comply with the Mandatory requirements and those bidderswho fail to comply will be disqualified from the process.10.4Second stage: Functionality10.4.1The purpose of application of qualification criteria is to determine thefunctionality of each proposal by assessing the quality and the robustnessthereof.10.4.2Below is a detailed breakdown of the scoring criteria for each individualproposal:Bidders from the second stage who will have scored 80 points, or more will qualify for the thirdstage in Price and BBBEE.Quality criteriaSub criteriaTENDERER’SEXPERIENCETenderer’s track record and experience in establishingPMU for a programme in developmental space offeringbusiness development services (BDS)Provide company profile detailing service offeringand capacity to execute a programme of thisnatureProvide summarised case studies of similar workdoneProvide signed reference letters and/or previouscontracts of a similar natureMaximumnumber ofpoints30Number of related/similar projects undertaken by the company:See points breakdown for projects:Detailed company profile max 12 points3 or more case studies 9 points2 case studies 6 points1 case studies 4 points0 case studies 0 points3 or more reference letters or contract 9 points2 reference letters or contracts 6 points1 reference letters or contracts 4 points0 reference letters or contracts 0 pointsMETHODOLOGYFor cidb(Signed reference letters on company/department’s letterheador previous similar contracts must be attached to earn points)Adequacy and quality of the understanding of the scope ofwork as well as proposed methodology and approach inexecuting the project must be demonstrated as follows:Witness40BidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 14 of 21-Understanding of the scope of workTechnical approach and methodologyPoints will be allocated as follows:Understanding of the scope of work max 10 pointsTechnical approach and methodology max 30 pointsGRANTFUNDRAISINGDemonstrate track record of raising grant funding fordevelopmental programmes of a similar nature:-20Statement of understanding of DFIs and relatedprogrammes offeredProof of previous grant fundraising raised by thecompanyPoints will be allocated as follows:Statement of understanding of DFIs and their relatedprogrammes offered max 8 pointsProof of previous grant fundraising raised by the company:3 or more reference or approval letters or contracts 12points2 reference or approval letters or contracts 8 points1 reference or approval letters or contracts 4 points0 reference or approval letters or contracts 0 pointsKEYPERSONNELEXPERIENCEExperience of project team to be used for this project.(please provide CV’s illustrating the project team’s experienceand qualifications)Experience and qualifications of the Project Leader4Points will be allocated as follows:0 to 1 years 0 points2 to 3 years 2 points4 to 5 years 3 points6 years and above 4 pointsExperience and qualifications in Construction Industry 2Points will be allocated as follows:0 to 1 years 0 points2 to 3 years 1 points4 years and above 2 points10Experience in Finance and Programme Administration 2Points will be allocated as follows:0 to 1 years 0 points2 to 3 years 1 points4 years and above 2 pointsExperience in Monitoring and Evaluation,andReportingPoints will be allocated as follows:0 to 1 years 0 points2 to 3 years 1 points4 years and above 2 pointsFor cidbWitness2BidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 15 of 21Maximum possible score for quality (Ms)10.5Third Stage: Price and BBBEE10.5.1Subsequent to the evaluation of essential minimum Criteria and functionalcriteria, the third stage of evaluation of the Bids will be in respect of priceand preferential procurement only.10.5.2Price proposals should be submitted in South African Rand includingValue Added Tax (VAT)10.5.3The bidder shall provide the price proposal as follows:10.5.4PLEASE NOTE: BIDDERS THAT OMIT AN ITEM FROM THE PRICINGSCHEDULE CANNOT ADD THE ITEM ONCE THE TENDER HAS BEENAWARDED.DeliverablesInception ReportProject Implementation PlanRollout of the Programme- Expression of Interest forpotential Business Enterprises- Selection Process- Induction and Orientation- Training Support- Mentorship and TechnicalSupport- Rollout of the EnablingEnvironment- Fundraising from DFIs- Reporting:o Monthly Financial andPerformance ProgressReportso Quarterly Reportso Annual ReportsClose-Out ReportTOTALTOTAL AMOUNT EXCLUDUNG VATVAT @ 15%TOTAL AMOUNT INCLUDING VAT10.5.5For cidb100WitnessPayments (%)2.5%5.0%85%Amount7.5%100%RRRThe tenders will be evaluated on the basis of the point system asstipulated in the PPPFA. The bidder who achieves the highest total pointsout of 100 (hundred) will be recommended by the Bid EvaluationCommittee (BEC) as the preferred tenderer. In compliance with theBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 16 of 21Preferential Procurement Regulations 2017, the 80/20 principle will applyfor tender prices between the threshold of R30 000 (thirty thousand) toR50 000 000 (fifty million). The 90/10 principle will apply for tender priceswith a Rand value above R 50 000 000 (fifty million).10.610.5.6Where it is unclear which preference points system will be applicable, thateither the 80/20 or 90/10 preference point system will apply and that thelowest acceptable tender will be used to determine the applicablepreference point system.10.5.7Failure on the part of a bidder to submit proof of B-BBEE Status level ofcontributor together with the bid will be interpreted to mean thatpreference points for B-BBEE status level of contribution are not claimed.10.5.8The cidb reserves the right to negotiate price with the preferred bidder.Determination and announcing of Successful BidderThe cidb, through the accounting officer shall determine and select a SuccessfulBidder, after having considered the recommendations prepared by the BidEvaluation Committee and the report(s) of the Bid Adjudication Committee basedon the Bid Evaluation Committee’s recommendations.11CONFIDENTIAL INFORMATION11.1Bidders agree to keep information provided pursuant to this RFP confidential(“Confidential Information”).11.2All Confidential Information provided (including all copies thereof) remains theproperty of the cidb and must be delivered to the cidb on demand.11.3By receiving this RFP each Bidder and each of its Members agree to maintain itssubmission in response to this RFP confidential from third parties other than thecidb and its officials, officers and advisors who are required to review the same forthe purpose of the procurement of the Project.11.4The Confidential Information provided by the cidb may be made available to aBidder’s Relevant Entity, members, employees and professional advisors who aredirectly involved in the appraisal of such information (who must be made aware ofthe obligation of confidentiality).11.5Bidder’s Relevant Entity, members, employees and professional advisors shall notbe entitled to, either in whole or in part; copy, reproduce, distribute or otherwisemake available to any other party the Confidential Information without the priorwritten consent of the cidb.11.6The Confidential Information may not be used for any other purpose than that forwhich it is intended.For cidbWitnessBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 17 of 211211.7All Confidential Information provided (including all copies thereof) remains theproperty of the cidb and must be delivered to the cidb on demand.11.8Bidders, Relevant Entities, members, employees and professional advisors maybe required to sign confidentiality agreements.INTELLECTUAL PROPERTYAll materials and data which are submitted by Bidders shall become the sole property ofthe cidb, with the exception of copyrighted material, trade secrets or other proprietaryinformation clearly identified as such by Bidders.13INDEMNITYBidders shall be deemed by their submission of a proposal to agree to indemnify the cidband hold it harmless from any claim or liability and defend any action brought or legal stepagainst the cidb for its refusal to disclose materials marked confidential, trade secret orother proprietary information to any person seeking access thereto.14GOVERNING LAWS AND RULES14.1The primary enabling legislation for the Project is the PFMA together with the cidbAct, which regulate and create the competency of the cidb to procure andimplement the Project.14.2This RFP is issued by the cidb in terms of the cidb Act and SCM read with thePFMA, as the formal step of the procurement process.14.3Procurement of the Project will be carried out following prescribed legislation,which includes the Constitution, the Preferential Procurement Policy FrameworkAct, Number 5 of 2000 and the PFMA.14.4Bidder’s Responsibilities14.514.4.1If a Bidder identifies any ambiguities, errors or inconsistency between thevarious documents that form part of this RFP, the Bidders should notifythe cidb and the cidb will provide clarification as to the intended position.14.4.2To the extent that any inconsistency exists between the terms of theGeneral Conditions of Contract and any other provision in the RFP, butsuch inconsistency is not identified by any Bidder and/or clarified by thecidb prior to submission of the Bidder’s Proposal, the terms of the GeneralConditions of Contract shall prevail.Contact Policy14.5.1For cidbWitnessBidders and their constituent Members, as well as their agents andadvisors and related parties may not contact the employees, advisors ofBidderWitness

APPOINTMENT OF A SERVICE PROVIDER TO COORDINATE THE PLANNING, MANAGEMENT, ANDIMPLEMENTATION OF THE CONSTRUCTION INDUSTRY SME DEVELOPMENT PROJECT FOR A PERIOD OFEIGHTEEN (18) MONTHSPage 18 of 21the cidb or any other cidb’s official(s) who may be associated with thissolicitation (other than the Pr

1.6 "Constitution" means the Constitution of the Republic of South Africa, Act 108 of 1996; 1.7 "cidb" means the Construction Industry Development Board; 1.8 "Government" means the Government of South Africa constituted in terms of the Constitution, any one or more of the three spheres of