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1 TENDER DOCUMENT FOR THE PROCUREMENT OF RETIREMENT FUND ADMINISTRATION SERVICES TENDER NAME: PROCUREMENT OF RETIREMENT FUND ADMINISTRATION SERVICES TENDER NUMBER: PODCPF/TENDER/1/2013 SECRETARIAT OFFICE, P.O BOX 14395, 4 BOWKER ROAD FORMER ALLIANCE HOUSE 2 nd FLOOR, MASERU. FEBRUARY 2013

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Page 1: TENDER DOCUMENT FOR THE PROCUREMENT OF RETIREMENT … document Admin Services 201… · tender document for the procurement of retirement fund administration services tender name:

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TENDER DOCUMENT FOR THE PROCUREMENT OF RETIREMENT FUND ADMINISTRATION SERVICES

TENDER NAME: PROCUREMENT OF RETIREMENT FUND ADMINISTRATION

SERVICES

TENDER NUMBER: PODCPF/TENDER/1/2013

SECRETARIAT OFFICE,

P.O BOX 14395, 4 BOWKER ROAD

FORMER ALLIANCE HOUSE

2nd FLOOR,

MASERU. FEBRUARY

2013

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REQUEST FOR PROPOSALS

Re: PUBLIC OFFICERS’ DEFINED CONTRIBUTIONS PENSION FUND – RETIREMENT

FUND ADMINISTRATION SERVICES

BACKGROUND

Pursuant to Section 17 of the Public Officers’ Defined Contributions Pensions Fund Act of 2008, the Public

Officers’ Defined Contribution Pension Fund (The Fund) shall appoint a full time Administrator of the

Fund for a period of 3 years. As at the commencement of the Act, 40 years or below public officers on

permanent and pensionable became eligible for membership under this Fund. Subsequently, this category

was increased to cover public officers aged 41-45 years of age. It is estimated that there are about +-28000

members, including Teachers, and the Disciplined Force.

ELIGIBILITY AND REQUESTED INFORMATION

The Fund invites qualifying companies to submit proposals for the provision of Retirement Fund

Administration Services to the Fund for a period of a three (3) year period commencing 1st October 2013 to

30 September 2016.

Based on your response, the Fund is intending to call your company to come and make a presentation

before the Governance Committee in due course.

Your submission should indicate, among others, the following information:

Evidence of business registration;

Profile of the company

Evidence of track record in undertaking similar assignments.

Your company’s interest in providing the service

Availability of appropriate skills, etc.

And any other information that the company may consider material.

The Fund believes and supports the empowering of local businesses and skills, and preference will be given

to companies registered in Lesotho or showing willingness and commitment to set up in Lesotho.

SCOPE OF WORK

The scope of services will consist of, but not limited to, the following:

(a) Being responsible for the administration of the Fund, property and business of the Fund;

(b) Keeping of member records and of all other matters relating to the Fund;

(c) Purchasing fidelity cover from an insurer to indemnify the Fund against any loss resulting from fraud,

theft, dishonesty, or negligence against the Fund;

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(d) Keeping books of accounts and such financial and related records as may be necessary to reflect

accurately, all acts and transactions, and to give a true reflection of the state of affairs of the Fund, its

financial position and business;

(e) Updating member records;

(f) Providing member Benefit Statements;

(g) Processing retirement claims and arranging payments of lump sums and annuities;

(h) Liaising with the Secretariat to ensure compliance with the legal and regulatory aspects of the Fund’s

administration;

(i) Ensuring that the Fund operates effectively and meet performance and quality targets as well as

complying with best practice.

(j) Preparing relevant paperwork for Board and Committee meetings;

(k) Monitoring changes in the legal situation in order to ensure optimum performance of the Fund;

(l) Performing any other related duties as may be assigned by the Principal Officer.

SEALING AND MARKING OF TENDERS

The Proposals should consist of two parts, technical and financial. The technical and financial proposals

should be in two separate sealed envelopes, indicating the name and address of the bidder to enable the

tender to be returned unopened in case it is declared non-responsive, then sealed in one outer envelope

bearing no identification of the Bidder, and clearly marked:

“TENDER FOR PUBLIC OFFICERS’ DEFINED CONTRIBUTION PENSION FUND -

RETIREMENT FUND ADMINISTRATION SERVICES”

Submission must be in 6 copies, one of which must be the original clearly marked as above.

Interested eligible companies may obtain further information from and obtain the tender documents at the

address shown below during normal office working hours.

The proposals must be deposited in the Secretariat’s Tender Box situated at the address given below on or

before 3rd

May,2013 at 12 noon. Proposals will be opened on the same day at 12 Noon, in the presence of

the companies’ representatives who wish to attend. No late submissions will be received after the stipulated

time and date.

All correspondence or requests for clarity or additional information must be addressed to:

The Principal Officer

Public Officers Defined Contribution Fund

Secretariat Office Private Box 14395

4 Bowker Road

2ND Floor (Former Alliance House)

Maseru 100

Lesotho

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SECTION II - INSTRUCTIONS TO TENDERS

2.1 Eligible Tenders

2.2 This Invitation for Tenders is open to all Bidders eligible. Successful Bidders shall provide the services specified in the tender documents.

2.3 The Fund’s employee, Committee Members, Board Members and

their relatives (spouse and children) are not eligible to participate

in the tender.

2.4 Bidders involved in the corrupt or fraudulent practices or debarred from participating in public procurement shall not be eligible.

2.5 Cost of Tendering

2.6 The Bidders shall bear all the costs associated with the preparation and submission of its tender, and the Fund will in no case be responsible or liable for those costs. Regardless of the conduct or

outcome of the tendering process. 2.7 Contents of Tender Document

2.8 The tender documents comprise the documents listed below and

addenda issued in accordance with these instructions to bidders. (i) Instructions to Tenders (ii) General conditions of Contract

(iii) Special Conditions of Contract (iv) Schedule of Requirements (v) Details of Insurance Cover

(vi) Form of Tender (vii) Price Schedules

(viii) Contract Form (ix) Confidential Business Questionnaire Form (x) Declaration Form

2.9 The Bidders are expected to examine all instructions, forms, terms

and specification in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in

every respect will be at the bidders’ risk and may result in the rejection of its tender.

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2.10 Clarification of Tender Documents

2.11 A Candidate making inquiries of the tender document may notify Public Officers’ Defined Contribution Pension Fund (PODCPF)

Secretariat by post or phone at the PODCPF address indicated in the invitation for tenders. PODCPF Secretariat will respond in writing to any request for clarification of the tender documents,

which it receives not later than (7) days prior to the deadline for the submission of the tenders prescribed by PODCPF. Written copies of PODCPF response (including an explanation of the query

but without identifying the source of inquiry) will be sent to all candidates who have received the tender documents.

2.12 The Fund shall reply to any clarifications sought by the bidders

within (3) days of receiving the request to enable the bidder to

make timely submission of its tender.

2.13 Amendment of Tender Documents 2.14 At any time prior to the deadline for submission of tenders, the

PODCPF, for any reason, whether at its own initiative or in response to a clarification requested by prospective bidders, may modify the tender documents by issuing an addendum.

2.15 All prospective bidders who have obtained reasonable time in

which to take the amendment into account in preparing their tenders, PODCPF, at its discretion, may extend the deadline for the submission of tenders.

2.16 Language of Tenders

2.17 The tender prepared by the bidder, as well as all correspondence and documents relating to the tender exchanged by the bidder and

PODCPF shall be written in English Language.

2.18 Documents Comprising the Tender

2.19 The tender prepared by the bidder shall comprise the following

components: (a) A Tender Form; (b) Documentary evidence establishing that the bidder is

eligible to tender and is qualified to perform the contract if its tender is accepted;

(c) Tender security (if applicable);

(d) Declaration Form

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2.20 Form of Tender

2.21 The bidder shall complete the Tender Form furnished in the tender documents, indicating the services it proposes to provide under the

contract.

2.22 The financial proposal shall indicate the cost of the service quoted including all customs duties and VAT and other taxes payable.

2.23 Prices quoted by the bidder shall remain fixed during the Term of

the contract unless otherwise agreed by the parties. A tender submitted with an adjustable price quotation will be treated as

non-responsive and will be rejected. 2.24 Tender Currencies

2.25 Prices shall be quoted in Maloti Currency

2.26 Bidders’ Eligibility and Qualifications 2.27 The bidder shall furnish, as part of its tender, documents

establishing the bidders’ eligibility to tender and its qualifications to perform the contract if its tender is accepted.

2.28 The documentary evidence of the bidder’s qualifications to perform the contract if its tender is accepted shall establish to the

PODCPFs satisfaction that the bidder has the financial and technical capacity necessary to perform the contract.

2.29 Validity of Tenders

2.30 Tenders shall remain valid for 90 days after the date of tender opening. A tender valid for a shorter period shall be rejected by the

PODCPF as non-responsive.

2.31 Format and Signing of Tenders

2.32 The bidder shall prepare an original and a copy of a tender, clearly marking each “original tender” and “Copy of Tender”; as

appropriate. In the event of any discrepancy between them, the

original shall govern. 2.33 The original and all copies of the tender shall be typed or written in

indelible ink and shall be signed by the bidder or a person or persona duly authorized to bind the bidder to the contract. All

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pages of the tender, except for un-amended printed literature, shall be initialed by the person or persons signing the tender.

2.34 The Proposals should consist of two parts, technical and financial.

The technical and financial should be in two separate sealed envelopes, indicating the name and address of the bidder to enable the tender to be returned unopened in case it is declared non-

responsive, then sealed in one outer envelope and clearly marked:

“TENDER FOR PUBLIC OFFICERS’ DEFINED CONTRIBUTION PENSION FUND THE

RETIREMENT FUND ADMINISTRATION SERVICES”

bearing no identification of the Bidder.

2.35 Sealing and Marking of Tenders

2.36 The bidder shall seal one (1) original tender and five (5) copies of tender in separate envelopes, duly marking the envelopes as

“ORIGINAL TENDER” and “COPY OF TENDER”. The envelopes shall then be sealed in an outer envelope.

2.37 The inner shall: (a) be addressed to PODCPF at the address given in

the Invitation to Tender (b) bear tender number and name in the invitation to

tender with the words, “DO NOT OPEN BEFORE

…………..2013.”

(c) indicate the name and address of the bidder to enable the tender to be returned unopened in case it is declared “non-responsive”.

The outer envelope shall:

(d) be addressed to PODCPF at the address

given in the Tender Document. (e) bear tender number and name in the

invitation to tender with the words, ““DO NOT OPEN BEFORE …………..2013”

2.38 If the outer envelope is not sealed and marked as required.

PODCPF will assume no responsibility for the tender’s misplacement or premature opening.

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2.39 Deadline for submission of Tenders

2.40 Tenders must be received by PODCPF at the address specified not later than the day, date, and time of closing stated in the Date

sheet. 2.41 PODCPF may, at its discretion, extend this deadline for the

submission of tenders by amending the tender documents. In which case all rights and obligations or PODCPF and candidates previously subject to the deadline will thereafter be subject to the

deadline as extended.

2.42 Modification and Withdrawal of tenders

2.43 The bidder may modify or withdraw its tender after the tender’s submission, provided that written notice of the modification,

including substitution or withdrawal of the tenders, is received by PODCPF prior to the deadline prescribed for submission of tenders.

2.44 The bidder’s modification or withdrawal shall be prepared, sealed, marked and dispatched. A withdrawal notice may also be sent by post, or email but followed by a signed confirmation copy,

postmarked not later than the deadline for submission of tenders.

2.45 No tender may be modified after the deadline for submission of tenders.

2.46 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity.

2.47 Opening of tenders 2.48 PODCPF will open all tenders in the presence of bidders’

representative who choose to attend, at 12:00 Noon on ………..2013 and in the location specified in the invitation for

tenders. The bidder’s representatives who are present shall sign a register evidencing their attendance.

2.49 The bidders names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other details as PODCPF, at its discretion, may

consider appropriate, will be announced at the opening.

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2.50 PODCPF will prepare minutes of the tender opening, which will be submitted to tenders that signed the tender opening register and

will have made the request.

2.51 Clarification of Tenders 2.52 To assist in the examination, evaluation and comparison of tenders

PODCPF may, at its discretion, ask the bidder for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender

shall be sought, offered, or permitted.

2.53 Any effort by the bidder to influence PODCPF in its tender evaluation, tender comparison or contract award decisions may result in the rejection of such tender.

2.54 Preliminary Examination and Responsiveness

2.55 PODCPF will examine the tenders to determine whether they are

complete, whether any computational errors have been made,

whether required sureties have been furnished(where applicable), whether the documents have been properly signed, and whether the tenders are generally in order.

2.56 Arithmetical errors will be rectified on the following basis. If there

is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the

candidate does not accept the correction of the errors, its tender will be rejected. If there is a discrepancy between words and figures, the amount in words will prevail.

2.57 PODCPF may waive any minor informality or non-conformity or

irregularity in a tender which does not constitute a material deviation provided such waiver does not prejudice or affect the relative ranking of any bidder.

2.58 Prior to the detailed evaluation, PODCPF will determine the

substantial responsiveness of each tender to the tender documents. For purposes of these paragraph, a substantially responsive tender is one which conforms to all the terms and

conditions of the tender documents without material deviations PODCPF’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to

extrinsic evidence.

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2.59 If a tender is not substantially responsive, it will be rejected by PODCPF and may not subsequently be made responsive by the

bidder by correction of the non-conformity.

2.60 Evaluation and Comparison of Tenders 2.61 PODCPF will evaluate and compare the tenders which have been

determined to be substantially responsive. 2.62 PODCPF’s evaluation of a tender will take into account, in addition

to the tender price, the following factors: (a) operational plan proposed in the tender

(b) deviations in payment schedule from the specified in the special conditions of contract.

2.63 The following evaluation methods will be applied.

(a) Operational Plan

(i) PODCPF requires that the services under the Invitation for Tender shall be performed at the time specified in the Schedule of Requirements. Tenders

offering to perform longer than PODCPF’s required delivery time will be treated as non responsive and

rejected.

(b) Deviation in payment schedule

(i) Bidders shall state their tender price for the payment

on schedule outlined in the special conditions of

contract. Tenders will be evaluated on the basis of this base price. Bidders are, however, permitted to

state an alternative payment schedule and indicate the reduction in tender price they wish to offer for such alternative payment schedule. PODCPF may consider

the alternative payment schedule offered by the selected bidder.

2.64 The Tender Evaluation Committee shall evaluate the tender within

30 days from the date of opening the tender.

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2.65 Contacting PODCPF

2.66 No bidder shall contact PODCPF on any matter relating to its tender, from time of the tender opening to the time the contract is

awarded. 2.67 Any effort by a bidder to influence PODCPF in its decisions on

tender evaluation, tender comparison, or contract award may result in the rejection of the bidder’s tender.

2.68 Post – qualification

2.69 PODCPF will verify and determine to its satisfaction whether the bidder that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily.

2.70 The determination will take into account the bidder’s financial and technical capabilities. It will be based upon an examination of the

documentary evidence of the bidder’s qualifications submitted by the bidder, as well as such other information as PODCPF deems necessary and appropriate.

2.71 An affirmative determination will be a pre-requisite for award of the

contract to the bidder. A negative determination will result in

rejection of the bidder’s tender, in which event PODCPF will proceed to the next lowest evaluated tender to make a similar

determination of that tender’s capabilities to perform satisfactorily. 2.72 Award Criteria

2.73 PODCPF will award the contract to the successful bidder whose

tender has been determined to be substantially responsive and has

been determined to be the lowest evaluated tender, provided further that the bidder is determined to be qualified to perform the

contract satisfactorily. 2.74 To qualify for contract awards, the bidder shall have the following:

(a) Necessary qualifications, capability experience, services, equipment and facilities to provide what is being

procured. (b) Legal capacity to enter into a contract (c) Shall not be insolvent, in receivership, bankrupt or in the

process of being wound up and is not the subject of legal proceedings relating to the foregoing.

(d) Shall not be debarred from participating in public

procurement.

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2.75 PODCPF shall give prompt notice of the termination to the bidder and on request give its reasons for terminations within 14 days of

receiving the request from any bidder.

2.76 A bidder who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment

from participating in future public procurement.

2.77 Notification of Award.

2.78 Prior to the expiration of the period of tender validity, PODCPF will

notify the successful bidder in writing that its tender has been

accepted.

2.79 The notification of award will signify the formation of the contract subject to the signing of the contract between the bidder and PODCPF. Simultaneously the other bidders shall be notified that

their tenders were not successful. 2.80 Upon the successful Bidder’s furnishing of the performance

security PODCPF will promptly notify each unsuccessful Bidder and will discharge its tender security(if applicable).

2.81 Signing of Contract

2.82 Within fourteen (14) days of receipt of the Contract Form, the successful bidder shall sign and date the contract and return it to PODCPF.

2.83 The contract will be definitive upon its signature by the two

parties. 2.84 The parties to the contract shall have it signed within 30 days from

the date of notification of contract award unless there is an administrative review request.

3 Corrupt or Fraudulent Practices

3.1 PODCPF requires that bidders observe the highest standard of ethics during the procurement process and execution of contracts. A Bidder shall sign a declaration that he has not and will not be

involved in corrupt or fraudulent practices.

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3.2 PODCPF will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or

fraudulent practices in competing for the contract in question. 3.3 Further a bidder who is found to have indulged in corrupt or

fraudulent practices risks being debarred from participating in public Procurement in Lesotho.

3.4 BID DATA SHEET TO INSTRUCTIONS TO TENDERERS (ITT)

The following information for the procurement of Retirement Fund

Administration Services shall complement, supplement, or amend, the provisions on the instructions to bidders. Wherever there is a conflict between the provisions of the instructions to bidders and

the provisions of the Data Sheet, the provisions of the Data Sheet herein shall prevail over those of the instruction to bidders

Instruction to tender reference

Particulars of Data Sheet

Tender Validity will be 90 days

The inner and outer envelopes shall bear the words: i)Tender Name: Procurement of Retirement

Fund Administration Services. ii)Tender N. PODCPF/TENDER/1/2013

iii) DO NOT OPEN BEFORE …………2013, 12 NOON tenders must be addressed and delivered to: The Principal Officer

Public Officers Defined Contribution Pension Fund

Secretariat Office

P.O. Box 14395

4 Bowker Road, (Former Alliance House), 2nd

Floor

Maseru 100 Lesotho

Tenders will be opened at the time stated, in

the presence of bidders or their representatives who choose to attend.

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EVALUATION CRITERIA

After preliminary evaluation of tenders, the following criteria and scores will be applied:

a)Firm’s qualifications, experience and financial stability………………………………….25

b)Proposed approach and methodology to carry out the services……………………………………55

c)The qualifications of key personnel and

experience (attach CVs)…………………………15

d)Evidence of presence (branch network)

country wide………………………………………..5

Only firms scoring 70 points or more will be considered

further. The firm that scores the lowest evaluated price

will be invited for negotiation and consideration for

contract award.

POST QUALIFICATION

The post qualification of tenders will be undertaken on the basis of the customer

reference checks based on information provided by your firm:

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SECTION III GENERAL CONDITIONS OF CONTRACT 3.1 Definition

3.2 In this contract, the following terms shall be interpreted as indicated.

(a) “The Contract” means the agreement entered into

between the PODCPF and the bidder, as recorded in the contract form signed by the parties, including all attachment and appendices thereto and all documents

incorporated by reference therein. (b) “The Contract Price” means the price payable to the

bidder under the Contract for the full and proper

performance of the contractual obligations (c) “The Services” means services to be provided by the

bidders including any documents, which the bidder is required to provide to the PODCPF under contract.

(d) “The PODCPF” means the Public Officers’ Defined

Contribution Pension Fund, procuring the services under this contract.

(e) “The Contractor” means the organization or firm

providing the services under this contract. (f) “GCC” means the General Conditions of Contract

contained in this section. (g) “SCC” means the Special Conditions of Contract

contained in this section. (h) “Day” means calendar day.

4.3 Application

4.4 These General Conditions shall apply to the extent that they are not superseded by provisions of other part of contract.

4.5 Standards 4.6 The services provided under this Contract shall conform to

the standards mentioned in schedule of requirements.

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4.7 Use of Contract Documents and Information

4.8 The Contractor shall not, without the PODCPF’s prior written consent, disclose the Contract, or any provision thereof, or

any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the PODCPF in connection therewith, to any person other than a person

employed by the contractor in the performance of the contract.

4.9 The contractor shall not, without the PODCPF prior written consent, make use of any document or information

enumerated above. 4.10 Any document, other than the Contract itself, enumerated

herein shall remain the property of the PODCPF and shall be returned (all copies) to the PODCPF on completion of the

contract’s or performance under the Contract if so required the PODCPF.

4.11 Patent Rights 4.12 The Contractor shall indemnify the PODCPF against all

third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the services

under the contract or any part thereof.

4.18 Delivery of Services and Documents

4.19 Delivery of the services shall be made by the Contractor in accordance with the terms specified by the PODCPF in the

schedule of requirements and the special conditions of contract.

4.20 Payment

4.21 The method and conditions of payment to be made to the contractor under this Contract shall be specified in SCC.

4.22 Payment shall be made promptly by the PODCPF, but in no

case later than sixty (60) days after submission of an invoice or claim by the contractor.

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4.23 Prices

4.24 Prices charged by the contractor for Services performed under the Contract shall not; with the exception of any price

adjustments authorized in SCC vary from the prices quoted by the bidder or in the PODCPF’s request for tender validity extension as the case may be. No variation in or

modification to the terms of the contract shall be made except by written amendments signed by the parties.

4.25 Contract price variations shall not be allowed for contracts not exceeding one year (12) months.

4.26 Where contract price variation is allowed the variation shall

not exceed 10% of the original contract price.

4.27 Price variation request shall be processed by the PODCPF

within 30 days of receiving the request.

4.28 Assignment

4.29 The contractor shall not assign, in whole or in part, its

obligations to perform under this contract, except with the

PODCPF’s prior written consent.

4.30 Termination for Default

4.31 The PODCPF may, without prejudice to any other remedy for

breach of Contract, by written notice of default sent to the Contractor terminate this Contract in whole or in part.

(a) if the Contractor fails to provide any of all of the services within the period(s) specified in the

Contract, or within any extension thereof granted by the PODCPF.

(b) If the Contractor fails to perform any other

obligation(s) under the Contract. (c) If the Contract in the judgment of the PODCPF

has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

4.32 In the event the PODCPF terminates the contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, services similar to those

un-delivered and the Contractor shall be liable to the PODCPF for any excess costs for such similar services.

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However the contractor shall continue performance of the contract to extent not terminated.

4.33 Termination for Insolvency

4.34 The PODCPF may at any time terminate the contract by giving written notice to the Contract or if the contractor becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the contractor, provided that such terminations will no prejudice or affect

any right of action or remedy, which has accrued or will accrue thereafter to the PODCPF.

4.35 Termination for Convenience

4.36 The PODCPF by written notice sent to the contractor, may terminate the contract in whole or in part, at any time for its convenience. The notice of termination shall specify that the

termination is for the procuring entities convenience, the extent to which performance of the contractor of the contract is terminated and the date on which such termination

becomes effective.

4.37 For the remaining part of the contract after termination the PODCPF may elect to cancel the services and pay o the contractor an agreed amount for partially completed

services.

4.38 Resolution of Disputes

4.39 The PODCPF and the contractor shall make every effort to resolve amicably by direct informal negotiations and disagreement or disputes arising between them under or in

connection with the contract.

4.40 If after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract disputes either party may

require that the dispute be referred for resolution to the formal mechanisms specified in the SCC.

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4.41 Governing Language

4.42 The contract shall be written in the English language. All correspondence and other documents pertaining to the

contract, which are exchanged by the parties, shall be written in the same language.

4.43 Applicable Law

4.44 The contract shall be interpreted in accordance with the laws

of Lesotho unless otherwise expressly specified in the SCC.

4.45 Force Majeure

4.46 The Contractor shall not be liable for forfeiture of its

performance security, or termination for default if and to the extent that it’s delay in performance or other failure to

perform its obligations under the Contract is the result of an event of Force Majeure.

4.47 Notices

4.48 Any notices given by one party to the other pursuant to this

contract shall be sent to the other party by post or Email and confirmed in writing to the other party’s address

specified in the SCC.

4.49 A notice shall be effective when delivered or on the effective

date of the notice, whichever is later.

5.0 SECTION IV – SPECIAL CONDITIONS OF CONTRACT The Public Officers’ Defined Contribution Pension Fund

invites sealed tenders from eligible companies for provision

of Retirement Fund Administration Services to, among

others, perform the following:

(a) Keeping of member records and of all other matters relating to the

Fund;

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(b) Purchasing fidelity cover from an insurer to indemnify the Fund

against any loss resulting from fraud, theft, dishonesty, or

negligence against the Fund;

(c) Keeping books of accounts and such financial and related records

as may be necessary to reflect accurately, all acts and

transactions, and to give a true reflection of the state of affairs of

the Fund, its financial position and business;

(d) Updating member records;

(e) Providing member Benefit Statements;

(f) Processing retirement claims and arranging payments of lump

sums and annuities;

(g) Liaising with the Secretariat to ensure compliance with the legal

and regulatory aspects of the Fund’s administration;

(h) Ensuring that the Fund operates effectively and meet performance

and quality targets as well as complying with best practice.

(i) Preparing relevant paperwork for Board meetings and Committee

meetings;

(j) Monitoring changes in the legal situation in order to ensure

optimum performance of the Fund;

(k) Performing any other related duties as may be assigned by the

Principal Officer.

5.1 CONDITIONS TO BE MET BY SERVICE PROVIDER

5.1.1 Must be registered with the Commissioner of Financial Institutions for the year 2013 and a copy of the current license be submitted.

5.1.2 Must be registered with the RELEVANT

PROFESSIONAL BODY for the year 2013.

5.1.3 Must give a list of Five (5) reputable clients.

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5.1.4 Must submit a copy of the audited accounts for the year 2010 and 2011.

5.1.5 Provide evidence that the company has been

registered and in operation for at least three (3) years.

5.1.6 Must attach CV’s of key management and technical staff

5.1.7 Must also submit copies of the following

documents:- Certificate of Registration/Incorporation

Proof of Tax Compliance

Company Profile

5.1.8 The Bidder must fill in detail the Tender Form.

5.2 Special Conditions of Contract as relates to the

General Conditions of Contract.

Reference of General conditions

contracts

Special Condition of Contract

Performance Security

Not applicable

Delivery of Services

To be specified

Payment

(Specify as necessary)

Price adjustment

No price adjustments allowed

Applicable law

Laws of Lesotho

Notices

Public Officers’ Defined Contribution Fund,

Secretariat Office, P.O. Box 14395, 4 Bowker Road,

Former Alliance House,

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2nd Floor,

Maseru. 100 Lesotho.

Form of Tender

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To: ……………………………………………………..Date:………………….

Name and address of PODCPF ………………………………………………

Tender No. Tender Name…………………………………………………………………….

Sir/Madam:- 1. Having examined the tender document including Addenda. (insert numbers) the receipt of which is hereby duly acknowledged,

we the undersigned, offer to provide Retirement Fund Administration Consulting services under this tender in conformity

with the said tender document for the sum of ………………………………………………………………………………………

(Total tender amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices

attached herewith and made part of this Tender. 2. We undertake, if our tender is accepted, to provide the

Retirement Fund Administration Services in accordance with the conditions of tender.

3. We agree to abide by this Tender for a period of …………….. (number) days for the date fixed for tender opening of the

instructions to bidders, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

4. This tender, together with your written acceptable thereof and your notification of award, shall constitute a contract between us subject to the signing of the contract by both parties.

5. We understand that you are not bound to accept the lowest

or any tender you may receive.

Dated this………………………………….day of………………………2013

Signature (in the capacity of)

Duly authorized to sign tender for and on behalf of

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Contract Form

THIS AGREEMENT made the ……………. Day of …………….. ..2013 Between the Public Officers’ Defined Contribution Pension Fund (hereinafter called “the PODCPF”) of the one part and

…………………. (name of bidder) of …………………………………… (country of bidder) hereinafter called “the bidder”) of the other part.

NOW THIS AGREEMENT WITNESS AS FOLLOWS:-

1. In this Agreement words and expression shall have the same

meanings as are respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read constructed as part of this Agreement, viz:

(a) The tender form and the price schedule submitted by the bidder;

(b) The schedule of requirements (c) The General Conditions of Contract

(d) The Special Conditions of Contract; and (e) The PODCPF’s Notification of Award

3. The PODCPF hereby covenants to pay the bidder in

consideration of the provision of the services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the times

and in the manner prescribed by the contract. In witness whereof the parties hereto have caused this Agreement

to be executed in accordance with their respective laws the day and year first above written.

Signed, sealed, delivered by…………………the…………….for PODCPF

Signed, sealed, delivered by…………………the…………….. for the Bidder in the presence of…………………………………

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CONFIDENTIAL BUSINESS QUESTIONNIRE

You are requested to give the particular indicated in Part 1 and either Part 2(a) or 2 (c) which ever applies to your type of business.

You are advised that it is a serious offence to give false information on this form.

Part 1………………… General

Business Name …………………………………………………………… Location of business premises Plot No……………………………………………………

Street/Road………………………………………… Postal Address…………………………. Tel. No…………………………….

Fax…………………………………. Email……………………………………. Nature of business……………………………………………………………..

Registration/Certificate No…………………………………………………. Maximum value of business which you can handle at any one time

Name of your bankers……………………………. Branch………………

Part (2) a – Sole Proprietor

Your name in full…………………………………………….. age………….. Nationality………………………………………country of Origin………….

Citizenship details……………………………………………………………...

Part (2) b – Partnership Give details of partners as follows

Name Nationality Citizenship Details Shares

1. ……………………………………………………… 2. ………………………………………………………

3. ………………………………………………………

4. ………………………………………………………

5. ………………………………………………………

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Part (2) c – Registered Company

Private or public ……………………………………………………………

State the nominal and issued capital of the company Nominal Maloti

Issued Maloti

Give details of all directors as follows

Name Nationality Citizenship Details Share

1. ……………………………………………………… 2. ………………………………………………………

3. ………………………………………………………

4. ………………………………………………………

5. ……………………………………………………… Date ……………………………………………………………

Signature of Bidder …………………………………………………………

If a citizen, indicate under “Citizenship Detail” whether by Birth, Naturalization or Registration.

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4 Bowker Road, former Alliance House, P.O Box 14395, Maseru.100. Lesotho.

LETTER OF NOTIFICATION OF AWARD

To: ………………………………………….

………………………………………………

……………………………………………..

Re: Tender No. PODCPF/tender/1/2013 Tender Name: PROCUREMENT OF RETIREMENT FUND

ADMINISTRATION SERVICES

This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.

…………………………………………………………………… ……………………………………………………………………

1. Please acknowledge receipt of this letter of notification signifying your

acceptance. 2. The contract/contract shall be signed by the parties within 30 days of

the date of this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of this notification of award.

(FULL PARTICULARS)……………………………………………

THE PRINCIPAL OFFICER