TOR DEVELOPMENT OF THE GENERIC BY-LAWS ON MUNICIPAL HEALTH SERVICES
TERMS OF REFERENCE
APPOINTMENT OF A SERVICE PROVIDER TO ASSIST WITH THE
DEVELOPMENT OF GENERIC BY-LAWS FOR THE MUNICIPAL HEALTH
SERVICES
BID: SALGA/173/2014
CLOSING DATE: 16/01/2015
TIME
: 11H00
PROPOSALS CAN BE DEPOSTED IN THE TENDER BOX AT RECEPTION
AT
SALGA NATIONAL OFFICE
MENLYN CORPORATE PARK, BLOCK B
C/O GARSFONTEIN AND COROBAY AVENUE
WATERKLOOF GLEN
012 369 8000
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TOR DEVELOPMENT OF THE GENERIC BY-LAWS ON MUNICIPAL HEALTH SERVICES
1.
INTRODUCTION
1.1
Background to SALGA Community Development Directorate
SALGA’s Community Development Directorate is comprised of two sub-programmes, i.e. Human
Development and Community Development. The overall purpose of the directorate is to facilitate the
transformation of local government, by assisting municipalities to:
 Mainstream transversal issues such as HIV/AIDS, gender, youth, disability, older persons and
children;
 Facilitate human development through, social cohesion, sports, recreation, arts and culture,
heritage, health (environmental and primary) and poverty eradication;
 Protect their communities through the protection of human and social capital by providing
advice and support to disaster risk management and public safety initiatives at local
government
SALGA seeks to provide guidance, assist and advise municipalities with understanding the mandate of
local government on the provision of the services and their legal obligation. As the association we
continue to advocate and lobby for policy review and increase in the funding allocation for the service.
1.2
Municipal Health Services
Municipal Health Services can be seen as a sub-set of the bigger basket of environmental health
services. The WHO describes environmental health as comprising those aspects of human health,
including quality of life, that are determined by physical, chemical, biological, social, and psychosocial
factors in the environment. It also refers to the theory and practice of assessing, correcting, controlling,
and preventing those factors in the environment that can potentially adversely affect the health of
present and future generations.
2.
PROBLEM STATEMENT
South Africa still has a high burden of preventable diseases which can be mitigated through
improvements in the environment. Investigation of outbreaks of disease, monitoring of the environment
and health promotion have in the main been provided by environmental health practitioners, most of
whom are employed by local government. With the long period of uncertainty around the responsibility
for the delivery of primary health care (PHC) services at a local level and the delay in role clarification
around municipal health services, municipalities have tended to invest less in health services in general
and this has led to diminished growth and prominence of environmental health services at a local level.
According to the Municipal Structures Act 117 of 1998, municipal health services are a function of
metro and district municipalities. This function has historically been executed by local municipalities and
provinces, with minimal services outside the cities and main towns. Capacity has to be created and
strengthened at a district municipality level for the efficient delivery of these services to all communities.
District municipalities are already struggling with delivery of the services that have been delegated to
their level by the provincial and national spheres of government and therefore will need support in
taking over municipal health services.
The responsibility for delivering Municipal Health Services, as defined in the National Health Act, 2003,
was given to metropolitan and district municipalities with effect from 1st July 2004. This followed the
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TOR DEVELOPMENT OF THE GENERIC BY-LAWS ON MUNICIPAL HEALTH SERVICES
Minister of Provincial and Local Government’s proclamation revoking the status quo provision which
allowed local authorities to continue providing those services that they delivered prior to the enactment
of the Municipal Structures Act, 1998. The Minister also made provision for district municipalities to
delegate the MHS responsibilities to local municipalities.
It is apparent that MHS is a critical function that requires funding, dedicated capacity, generic by-laws
and coordination. This is particularly relevant in a world where toxic dumping, the porous nature of
global borders allowing for cross border exchange of exotic foods etc. Urgent and informed action
needs to be taken by all relevant stakeholders.
Informed by the 2013 audit outcome, 2013 Summit resolutions and provincial inputs, SALGA developed
the Local Government position. This position highlights the challenges that are faced by Municipalities,
suggestions by the members and progress that’s far on interventions by SALGA. Amongst the
challenges faced by Municipalities is the lack of Generic by-laws for the service. SALGA was tasked
with the development of generic by-laws to assist Municipalities that don’t have such by-laws and also
to assist those that have but are outdated.
3.
DESCRIPTION AND OBJECTIVES OF THE ASSIGNMENT
The objectives of the assignment are to support the directorate and Municipalities in developing generic
Municipal Health Service bylaws
The expected outcome will be draft generic by-laws. The by-laws must be presented in a word
document to the Community Development Directorate and a power point presentation of the by-laws
must be prepared which will be used in different platforms to obtain inputs and enhance the document.
4.
SCOPE OF WORK
In order to achieve the above objectives, the service provider will be required to undertake the following
tasks:
4.1 Literature review and analysis
To analyse and review the following documents and reports;
 Policy and legislation pertaining Municipal Health Services,
 Municipal Health by-laws of different Municipalities at least 3 Metros and 3 Districts
The expected outcome of the literature review is to get an indication of what are the legislative and
policy imperatives applicable and to pick up on commonalities and trends which may assist in the
development of the generic by-laws.
The required output of this task will be a report with the Reference (Source) list of all the documents
(i.e. policies, frameworks, Municipal by-laws and additional documentation pertaining to Municipal
Health services for reference by the directorate). The list should also be included in the final generic
by-laws document.
4.2 Development of the generic by-laws
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The service provider will be responsible for developing the generic by-laws and should prepare a
power-point presentation which will be used in soliciting inputs into the document
The required outputs of this task will be (a) a power-point presentation outlining key findings, lessons
and recommendations and (b) Generic by-laws.
5.
PROJECT MANAGEMENT
5.1
Inception meeting
The service provider will be required to attend an inception meeting at the start of the project in Pretoria
with representatives of the SALGA community development directorate. The purpose of the meeting is
to ensure clarity on the terms of reference. The inception meeting will also allow the consultants and
SALGA staff to discuss time frames, methodology, reporting requirements, etc.
The required output of this task will be notes of the meeting capturing the main discussion points and
agreements at the meeting.
6.
TIMEFRAME
The timeframe for this assignment will be 30 days including briefing, preparation and reporting period.
The draft document should be submitted no later than 28 February 2015 in terms of the deliverables
below. The said draft should also be presented at the MHSM forum meeting organized by SALGA
during the first quarter of the 2015/16 financial year, to solicit inputs leading to the finalization of the
document.
7.
REPORTING REQUIREMENTS AND DELIVERABLES
7.1
Summary of Tasks
The above scope of work can be summarized into the following tasks with estimated timelines:
Tasks/Activities
1. Attend the Inception meeting
Timeframes
½ day at SALGA offices in
PTA
20 working days
2. Conduct literature review & compile draft generic by- laws
document
3. Submit the draft documents to SALGA Community Development 1 day
Directorate
4. Present the draft document at the MHSM Forum meeting to solicit 2 days
inputs towards the finalization of the document
5. Finalisation of the document
As per the timeframes on the
deliverables
7.2
Deliverables
Progress on the current assignment will be monitored, measured and remunerated according the
delivery of the following products:
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TOR DEVELOPMENT OF THE GENERIC BY-LAWS ON MUNICIPAL HEALTH SERVICES
Deliverables
1. Notes on inception meeting (2-3 pages max.)
2. Draft generic by-laws & Power Point presentation
3. Presentation of the by-laws at the MHSM forum meeting to solicit
inputs into the document
4. Final generic by-laws
Timeframes
5 days after the inception
meeting
To be presented to SALGA
Community
Development
Directorate by no later than
the 28th of February 2015
In the first quarter of the
2015/16 financial year
5 days after receiving
comments
Copies of all products related to this assignment should be submitted in electronic format (Microsoft
Word) via email to the SALGA contact person (see contact details below).
8.
REQUIRED EXPERTISE AND COMPETENCIES
The service provider shall be a recognised expert in the field of Municipal Health Services. It is
required for the service provider to have prior and demonstrated experience working on similar projects.
He / She should have proven ability to produce high quality analysis and reports under deadlines.
Knowledge of the human rights sector would be an added advantage.
In addition, prospective service providers will be expected to have the following expertise and
competencies:
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9.
B Degree in Environmental Health and or a legal background in local government legislation.
At least 5 years’ experience as a development practitioner, in the development sector with a special
focus on the health sector
Understanding of Local Government’s Legislative mandate and experience working in a political
environment
Demonstrated research skills and a track record of high-quality research outputs. (examples of
previous work and projects )
Demonstrated experience in designing and documenting processes
Experience in facilitating multi-stakeholder strategic processes
Excellent research, writing and analytical skills
Ability to work to tight timeframes
REPORTING AND ASSIGNMENT ENQUIRIES
All enquiries related to the objectives and scope of this assignment should be directed to:
Winnie Manganye
Tel
: (012) 369 8182
Mobile : 082 908 2884
Mandu Mallane
Tel
: (012) 369 – 8121
Mobile : 083 629 6277
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E-mail : [email protected]
10.
E-mail : [email protected]
CLOSING DATE
The closing date for the submission of proposals is 16 January 2015.
11.
EVALUATION
The following evaluation method will be used:

After the closing date of the bid invitation, an appointed evaluation committee of staff officials of
SALGA and possibly other external parties will evaluate the proposals of the bidders.

The committee will individually evaluate each of the bid proposals received against the
appointed criteria as provided for in Preferential Procurement Policy Framework Act of 2005
(As amended to BBBEE).
All proposals submitted will be evaluated on three categories:
(i) Functionality (technical content)
(ii) Price
(iii) Compliance with the PPPFA goals

Bids are evaluated in accordance with the preferential procurement Policy Framework Act
(PPPFA), using the 80/20 split.

Firstly, the assessment of functionality must be done in terms of the evaluation criteria and the
minimum threshold value of 60 points. A bid will be disqualified if it fails to meet the minimum
threshold value for functionality as per the bid invitation.

Thereafter, only the qualifying bids are evaluated in terms of the 80/20 preference points
systems, 80 points will be used for price only and the 20 points are used for B-BBEE Status
Level of Contribution.
The Point’s breakdown is as indicated below.
For functionality, the following criteria will be applicable and the maximum value of each criterion is
indicated as below:
CRITERIA FOR FUNCTIONALITY
WEIGHT
Understanding of the Terms of Reference
20
Approach and Methodology
20
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CRITERIA FOR FUNCTIONALITY
WEIGHT
Previous and current experience
20
Qualifications & Expertise (knowledge & skills)
20
Quality of proposal
20
Total for functionality
100
Bidders who score 60 (average) points and above will be considered in phase 2 of the evaluation.
Phase 2
Price will be converted to 80 using the formula prescribed in the 80/20 points system.
The remaining 20 points will be allocated in terms of Regulation 5 (2) and 6 (2) of the Preferential
Procurement Regulations. Preference points must be awarded to a bidder for attaining the BBBEE status level of contribution in accordance with the table below:
B-BBEE Status Level of Contributor
Number of points
(80/20 system)
20
18
16
12
8
6
4
2
0
1
2
3
4
5
6
7
8
Non-compliant contributor
Summary of the evaluation process:
CRITERIA
12.
WEIGHT
Price
80
B-BBEE status level of contribution
20
TOTAL
100
GENERAL CONDITIONS:
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The following should be noted by the interested parties:
 Intellectual property and ownership of all materials and products developed in the execution of the
contract will be vested in SALGA
 Materials and products may not be made available to any unauthorised person or institution or sold
for profit without prior written consent from SALGA
 On completion or termination of the agreement, all materials and products must be handed over to
SALGA
 No information concerning the tender or award of the tender may be made available by the bidder
to other parties without prior consultation and written approval from SALGA
 Payment will be made subject to satisfactory achievement of the delivery milestones.
13.
REQUIREMENTS
The following sets of requirements are compulsory for the proposals to be accepted:
 The proposals,
 All SCM Documents (Provided)
14.
ENQUIRIES
For Supply Chain enquiries, please contact Mr. Vincent Madisha/Mrs. Pamela Hans at
(012) 369 8000
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