REQUEST FOR PROPOSALS
to
for the provision of production services to CSA in respect of the Mzansi Super League for a period of 4 years
CSA
CLOSING DATE: 31 MAY 2019
NOTE TO RESPONDENTS:
PLEASE CAREFULLY READ THIS DOCUMENT, COMPLETE WHERE REQUIRED, INITIAL EACH PAGE AND SIGN IN FULL AT THE END
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TABLE OF CONTENTS
1. INTERPRETATION ...... 5
2. ABOUT CSA AND MSL IN GENERAL ...... 7
3. PURPOSE OF THIS RFP ...... 8
4. IMPORTANT DATES AND TIMES ...... 8
5. PROPOSAL SUBMISSION ...... 8
6. JOINT VENTURES/CONSORTIUMS ...... 11
7. COMMUNICATION ...... 11
8. PRE-QUALIFICATION AND EVALUATION ...... 12
9. CONDITIONS OF PROPOSAL ...... 17
10. CONFIDENTIALITY ...... 21
11. PROPRIETARY RIGHTS IN RFP AND PROPOSAL SUBMISSIONS ...... 21
12. PUBLICITY ...... 22
13. DRAFTING CONTROL ...... 22
14. DECISIONS ON PROPOSALS ...... 22
15. RESTRICTION FROM TENDERING OR CONTRACTING ...... 23
16. REPRESENTATION ...... 23
17. COMPLIANCE ...... 24
18. TAX COMPLIANCE ...... 24
19. PROTECTION OF PERSONAL DATA ...... 25
ANNEXURE A – SERVICES ...... 27
1 Camera Narrative ...... 38
ANNEXURE B – DRAFT MATCH SCHEDULE ...... 39
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1. INTERPRETATION
1.1 Unless inconsistent with the context, the words and expressions set forth below shall bear the following meanings and similar expressions shall bear corresponding meanings:
1.1.1 “Closing Date” shall mean 31 May 2019 not later than 11h00;
1.1.2 "Constitution" shall mean the Constitution of the Republic of South Africa, 1996;
1.1.3 “CSA” shall mean Cricket South Africa NPC (Registration No. 2002/002641/08) a non-profit company with limited liability incorporated in accordance with the laws of South Africa;
1.1.4 “Live Feed” shall mean the visual and audio-visual signals derived from the recordings of each Match, the visual and audio-visual signals being in the form of a live television picture in digital format;
1.1.5 “Highest Score” shall mean the highest score obtained in stage3 (three) of the evaluation process as set out in paragraph 8.4 below;
1.1.6 “Match” shall mean each of the cricket matches organised and played as part of the MSL (including any such match which is rescheduled) and which, for the purposes of this RFP, includes all match play and on-pitch and off- pitch activities held in connection with any such match as CSA may designate from time to time, (including the pitch reports, captains’ toss, any immediate pre and post-match on pitch and off pitch player interviews, and presentations and ceremonies, and other official on pitch and off pitch activities (including flash interviews) occurring during team warm-ups, stoppages in play and other breaks in play, and following the close of play). A draft match schedule in respect of the 2019/2020 season of the MSL is attached herewith as Annexure “B”; Initial here obo Respondent
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1.1.7 “MSL” shall mean the Twenty20 cricket league competition which takes place in South Africa annually, currently known as the “Mzansi Super League” established and managed by CSA;
1.1.8 “PAJA” shall mean the Promotion of Administrative Justice Act, 2000 together with the regulations promulgated under this Act;
1.1.9 "PFMA" shall mean the Public Finance Management Act, 1999 together with the regulations promulgated under this Act;
1.1.10 "Procurement Act" shall mean the Preferential Procurement Policy Framework Act, 2000 together with the regulations promulgated under this Act;
1.1.11 "Procurement Laws" shall mean all the procurement laws in the Republic of South Africa including, but not limited to, the Constitution, the PFMA, PAJA, the Procurement Act, practice notes and all other relevant laws and policies;
1.1.12 “Proposal” shall mean bid documents submitted by a Respondent in response to this RFP;
1.1.13 “Respondent” shall mean any person or entity submitting a Proposal in response to this RFP;
1.1.14 “Returnable Documents” shall mean this RFP Document, initialled on each page and signed in full on the last page by or on behalf of a Respondent;
1.1.15 “RFP” or “RFP Document(s)” shall mean this request for Proposals, including the Returnable Documents;
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1.1.16 “SARS” shall mean the South African Revenue Services;
1.1.17 “Services” shall mean all service related to the production and delivery of the Live Feed for the Matches as more fully described in Annexure “A” hereto;
1.1.18 “Successful Respondent” shall mean the Respondent whose Proposal is accepted by CSA and who is appointed by CSA to provide the Services;
1.1.19 “Supporting Documents” shall mean the supporting document referred to in paragraph 5.8 below; and
1.1.20 “VAT” shall mean value added tax, levied under the Value Added Tax Act, 1991 on all vatable transactions.
2. ABOUT CSA AND MSL IN GENERAL
2.1 CSA is a non-profit company incorporated in terms of the Companies Act, 2008. It is the custodian of all cricket activities in South Africa.
2.2 In conducting its business, CSA promotes, organises, controls and administers all aspects of cricket in South Africa, including the MSL.
2.3 CSA has a duty to all stakeholders and spectators to ensure that watching televised cricket is exciting, rewarding, provides value for money and is up to date with the latest technological trends in the world of sport production and broadcasting.
2.4 The MSL consists of 6 (six) participating teams based in Johannesburg, Pretoria, Cape Town, Paarl, Durban and The Nelson Mandela Bay.
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2.5 All the Matches take places in the cities in which the teams are based.
2.6 All the Matches are televised live.
3. PURPOSE OF THIS RFP
The purpose of this RFP is to identify and appoint a suitably qualified Respondent for the provision of the Services for a period of 4 (four) years commencing in 2019.
4. IMPORTANT DATES AND TIMES
4.1 The table below lists the key dates and activities relevant to this RFP from time of issuance of this RFP until the Closing Date:
No Description Date and Time
1 RFP issued 30 April 2019
2 Closing Date 31 May 2019
4.2 Any time or date in this RFP is subject to change at the discretion of CSA. The establishment of a time or date in this RFP does not create an obligation on the part of CSA to take any action or create any right in any Respondent that any action be taken, on the date established or on any other date. CSA may in its sole discretion vary or extend any time or date in this RFP.
5. PROPOSAL SUBMISSION
5.1 Respondents are requested to initial each page of this RFP Document and sign in full on the last page.
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5.2 Proposals must be submitted as follows:
5.2.1 Delivery by hand:
5.2.1.1 in quadruplicate hard copies (i.e. 1 original and 3 copies of the
original) no later than the Closing Date; and
5.2.1.2 to Lundi Maja at Cricket South Africa, 86 – 5th Street, Melrose Estate,
Johannesburg.
5.2.2 Dispatch by courier
5.2.2.1 if dispatched by courier, the envelope must be addressed as follows:
Lundi Maja, Procurement Manager, Cricket South Africa, 86 – 5th
Street, Melrose Estate, Johannesburg; and
5.2.2.2 the Proposal must be received by CSA before the Closing Date.
5.3 No emailed or faxed Proposals will be considered.
5.4 Proposals will be opened as soon as possible after the Closing Date.
5.5 All Returnable Documents must be returned, duly completed and signed, where required.
5.6 Documentation may be completed electronically or in ink, provided that only hard copies of the completed RFP may be submitted.
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5.7 Late Proposals may not be accepted, at CSA’s sole and absolute discretion.
5.8 Respondents must, in addition to the Returnable Documents, also submit the following Supporting Documents:
5.8.1 a copy of the Respondent’s latest COR39 (or equivalent official document in the event that the Respondent is not a South African incorporated company);
5.8.2 in the event that the Respondent is not a company, such other official document as shall set out the Respondent’s establishment details;
5.8.3 originally certified copy of the identity document or passport of Respondent’s representative;
5.8.4 a B-BBEE verification certificate issued by a SANAS accredited verification agency indicating the contribution level of the Respondent or a sworn affidavit confirming the annual total revenue and level of black ownership of the Respondent, in the case of an exempt micro enterprise;
5.8.5 a brief profile of the Respondent;
5.8.6 a copy of the audited annual financial statements of the Respondent for the past 3 (three) financial years;
5.8.7 at least 3 (three) reference letters from 3 (three) separate clients to whom the Respondent has previously provided the Services (or services similar to the Services), including contact details of the references;
5.8.8 the structure of the management team of the Respondent, including the details of the qualifications and relevant experience of the persons
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comprising the management team of the Respondent;
5.8.9 a brief curriculum vitae of the person who will manage the provision of the Services on behalf of the Respondent should the Respondent be successful;
5.8.10 details of the capacity of the Respondent to provide the Services;
5.8.11 in the event that the Respondent is a tax resident, a valid tax clearance certificate;
5.8.12 in the event that the Respondent is a VAT vendor, a copy of the VAT registration letter of the Respondent issued by SARS; and
5.8.13 any other relevant information about the Respondent that, in the reasonable opinion of the Respondent, will assist CSA in assessing the ability of the Respondent to provide the Services.
6. JOINT VENTURES/CONSORTIUMS
6.1 No unincorporated joint ventures, consortiums or any unincorporated concerns may respond to this RFP.
6.2 Subcontracting of the Services will not be allowed.
7. COMMUNICATION
7.1 Respondent are warned that a Proposal may be disqualified should any attempt be made by a Respondent either directly or indirectly to contact any officer or employee of CSA in respect of this RFP between the Closing Date and the date of appointment of the Successful Respondent save for purposes of submitting
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clarification questions in terms of paragraph 7.2 below.
7.2 Any clarification question or any question in respect of this RFP must be communicated via e-mail to Clive Eksteen at the following e-mail address: [email protected].
7.3 All correspondence between the Respondents and CSA in relation to this RFP must be made in writing and in the form of e-mail to the address specified above.
8. PRE-QUALIFICATION AND EVALUATION
8.1 CSA will utilise the following methodology and criteria in selecting the Successful Respondent:
STAGE 1 STAGE 2 STAGE 3 STAGE 4
Administrative Substantive Technical BBEE/ Post Proposal Compliance Compliance Reputation, Credibility negotiation;
and Experience/Price appointment & signing of the contracts
8.2 Stage 1: Administrative Compliance
All the following questions must be answered “Yes” by CSA in respect of a Proposal in order for such Proposal to progress to Stage 2 for further pre-qualification, subject to CSA’s discretion in terms of paragraphs 9.2 and 15 below.
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ITEM QUESTION ANSWER (YES/NO)
1. Was the Proposal submitted on time? [only for CSA to answer]
2. Have all the Returnable Documents been [only for submitted? CSA to answer]
3 Have all the applicable Supporting [only for Documents been submitted? CSA to answer]
The test for administrative compliance must be passed (i.e. all the above questions must be answered “yes”) for a Proposal to progress to Stage Two for further pre-qualification, subject to CSA’s discretion in terms of paragraphs 9.2 and 15 below
8.3 Stage 2: Substantive Compliance
CSA must be satisfied, in its sole discretion, that a Proposal has passed the substantive compliance test, subject to CSA’s discretion in terms of paragraphs 9.2 and 15 below, for such Proposal to progress to Stage 3. The substantive compliance test will entail the following assessments:
ITEM ASSESSMENT (YES/NO)
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1. Have the Returnable Documents been [only for completed, stamped and/or signed (where CSA to required), answer]
2 Have the Supporting Documents been [only for completed, stamped and/or signed (where CSA to required), answer]
3 Has the RFP been initialled on each page [only for and signed at the end? CSA to answer]
The test for substantive compliance must be passed (i.e. all the above questions must be answered “yes”) for a Proposal to progress to Stage Three for evaluation, subject to CSA’s discretion in terms of paragraphs 9.2 and 15 below.
8.4 Stage 3: Technical, BEE, Reputation, Credibility and Experience and Price
8.4.1 Technical Compliance
8.4.1.1 Respondents are to demonstrate and provide details of their technical ability to provide the Services, taking into consideration (i) each individual aspect of the Services as set out in Annexure “A” hereto and (ii) the technical requirements for the execution of each such individual element at a world class standard.
8.4.1.2 CSA will assess which Proposals best meet the technical requirements of the Services and Respondents are required to
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provide relevant and comprehensive information to indicate their compliance.
8.4.2 B-BBEE
Respondents are to provide a B-BBEE verification certificate as required in terms of paragraph 6.8.4 below.
8.4.3 Reputation, Credibility and Experience
Respondents are to submit supporting documentation to assist CSA in assessing their reputation, credibility and experience (in addition to the whatever relevant documents are required in terms of paragraph 5.8.above)
8.4.4 Price
8.4.4.1 Price must be quoted in South African Rand (excluding VAT).
8.4.4.2 Price quoted must be held valid for a period of 90 (ninety) days from the Closing Date.
8.4.4.3 Respondents should include a detailed budget as part of their pricing.
8.4.4.4 To facilitate like for like comparison, Respondents must submit a clear and firm price at which it is prepared to provide the Services.
8.5 All proposals which comply with the pre-qualification criteria shall be evaluated on the below four categories and weighted as follows:
Category Weighting
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Technical Compliance 30%
Reputation Credibility and Experience 25%
B-BBEE 15%
Price 30%
8.6 Stage 4: Post-Proposal negotiations and and signing of contracts
8.6.1 CSA will conduct post-Proposal negotiations with the shortlisted Respondents.
8.6.2 The negotiation will include negotiating the relevant agreement(s), including a production agreement.
8.6.3 Respondents may be requested to provide their best offers in writing based on the negotiations.
8.7 Signing of Contracts
8.7.1 The Successful Respondent shall be required to conclude appropriate agreement(s) with CSA giving effect to its appointment.
8.7.2 The contracts will be based on this RFP, the Successful Respondent’s Proposal and the post-Proposal negotiation conducted in terms of paragraph 8.6 above.
The Respondent who obtains the Highest Score will be appointed to provide the Services, unless CSA decides otherwise in its sole
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and absolute discretion having regard to what it considers to be in its best interest, subject to paragraph 9.4 below.
9. CONDITIONS OF PROPOSAL
9.1 Failure to complete any of the Returnable Documents in accordance with the instructions contained therein, to submit the Supporting Documents, or otherwise to comply with other provisions contained in this RFP, may disqualify Respondents, at CSA’s discretion.
9.2 CSA reserves the right to:
9.2.1 make no award (e.g. reject all Proposals) or award only a portion of the Services;
9.2.2 decline to consider any Proposal that does not conform to any aspect of the RFP;
9.2.3 request further information from any Respondent after the Closing Date;
9.2.4 cancel this RFP or any part thereof at any time;
9.2.5 vet Respondent’s and/or conduct lawful credit checks where appropriate;
9.2.6 not necessarily accept the Proposal obtaining the Highest Score; and
9.2.7 reject any Proposal that:
9.2.7.1 fails to accept the material terms of this RFP;
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9.2.7.2 does not comply with the submission requirements of paragraph 5 above;
9.2.7.3 contains any information that is found to be incorrect or misleading in any way; or
9.2.7.4 is not completed in full and/or initialled as required.
9.3 This RFP is not subject to the Procurement Laws. Any process adopted herein which may be similar to the processes prescribed by the Procurement Laws is for convenience only and shall in no way be regarded as CSA binding itself to following and abiding by the Procurement Laws. The Respondents hereby, and to the extent legally permissible, unconditionally waive any right that they may have under the Procurement Laws to challenge the process followed in the appointing of the Successful Respondent.
9.4 Respondents are notified that, in terms of an agreement entered into between CSA and a third party, such third party has a right to match any Proposal which attains the Highest Score (or any other Proposal which CSA determines, for whatever reason, to be deserving of award) and, in the event that this right is exercised by the third party and the Proposal which achieves the Highest Score (or such other Proposal) is so matched by the third party, CSA is obliged, under the terms of the agreement referred to herein, to accept the matching proposal of such third party.
9.5 During the evaluation process, no change in the content of Proposals shall be sought, offered or permitted.
9.6 After the Closing Date, CSA may request additional information, clarifications or verifications with respect to any of the Proposal. The Respondents shall respond within the timeframes as set by CSA.
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9.7 CSA may, at its sole discretion, call upon Respondents to attend clarification meetings.
9.8 Respondent’s delivery of a Proposal constitutes acceptance by Respondent of all the conditions of proposal as contained herein.
9.9 This RFP is an invitation to the Respondent to make an offer to CSA. No binding contract or other understanding will exist between CSA and the Respondent unless and until a written agreement is entered into. Nothing in this RFP or any other communication made between CSA (including its officers, directors, employees, advisers and representatives) and the Respondent will constitute an agreement or representation that CSA will offer, award or enter into a contract.
9.10 CSA reserves the right in its sole discretion to amend, vary, or supplement any of the information, terms or requirements contained in this RFP, any information or requirements delivered pursuant to this RFP, or the structure and/or schedule of the RFP process, at any time. Respondents will have no claim against CSA or against any of its officers, directors, employees, advisers and/or representatives with respect to the exercise of, or failure to exercise, such right.
9.11 Once the Respondent has submitted its Proposal, CSA will not accept or allow any material modification of the information contained in the Proposal unless agreed during the negotiations phase. No substitution of information or documentation by the Respondent will be permitted under any circumstance once the Respondent has delivered its Proposal.
9.12 All Proposal shall remain valid for 90 days from the Closing Date. CSA reserves the right to reject any Proposal that is valid for a period less than 90 days.
9.13 Proposals will be considered to be firm throughout such period.
9.14 The Respondent’s participation in any stage of this RFP process, or in relation to
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any matter concerning the subject matter hereof, will be at the Respondent’s sole risk, cost and expense. CSA shall not be responsible, whether on the basis of any promissory estoppel, quantum merit or on any other contractual, quasi- contractual, restitutionary or other grounds, for any costs or expenses incurred by the Respondent in preparing or submitting a Proposal or as a consequence of any matter relating to the Respondent’s participation in the RFP process. All costs associated with the submission of any additional requested information, the preparation thereof and attendance of clarification meetings will be the sole responsibility of the Respondent.
9.15 This RFP will be governed by and construed in accordance with the laws of the Republic of South Africa.
9.16 Neither the Respondent nor any of its officers, employees, advisers or other representatives will engage in any collusive tendering, anti-competitive conduct, or any other similar conduct with any other entity or any other person with respect to this RFP process.
9.17 Neither the Respondent nor any of its officers, employees, advisers or other representatives will seek any assistance, other than assistance officially provided by CSA in conjunction with the RFP process, from any CSA employee, adviser or other representative with respect to this RFP process.
9.18 Neither the Respondent nor any of its officers, directors, employees, advisers or other representatives will make or offer any gift, gratuity, or other inducement, whether lawful or unlawful, to any of CSA’s officers, directors, employees, advisers or other representatives, with respect to this RFP process.
9.19 In addition to any other remedies available to it under any law or any contract, CSA reserves the right at its sole discretion immediately to reject any Proposal submitted by a Respondent that engages in any conduct described in paragraphs 9.16, 9.17 and 9.18 above.
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9.20 CSA shall be entitled, in its sole and absolute discretion, to amend the draft match schedule attached herewith as Annexure “B”. The match schedule in respect of the other seasons falling within the period of this RFP shall be provided to the Successful Respondent no later than 2 (two) months prior to the commencement of each season. The Respondents may use the match schedule attached herewith as Annexure “B” as a general guide for bidding purposes.
10. CONFIDENTIALITY
10.1 Except as may be required by law, by a court or government having appropriate jurisdiction, no information contained in or relating to this RFP or the Respondent’s Proposal will be disclosed by any Respondent or other persons not officially concerned with CSA’s examination and evaluation of Respondent’s Proposal.
10.2 Throughout this RFP process and thereafter, Respondents must secure CSA’s written approval prior to the release of any information that pertains to any matters that relate to this RFP. Failure to adhere to this requirement may result in disqualification from the RFP process and civil action.
10.3 After the RFP has been closed, no confidential information relating to the process of appointing a Successful Respondent will be disclosed to Respondents or any other person not officially concerned with such process.
10.4 CSA will keep Proposals confidential and no Respondents will be given access to other Respondents’ Proposals.
10.5 Respondents must have the written approval of CSA prior to the release of any information that pertains to the potential work or activities covered by this RFP or the subsequent process.
11. PROPRIETARY RIGHTS IN RFP AND PROPOSAL SUBMISSIONS
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CSA shall own all intellectual property rights in the information and ideas developed during the procurement process, including any information and ideas reflected in this RFP (including its appendices and attachments) and in the Proposals thereto except for any pre-existing intellectual property of the Respondent.
12. PUBLICITY
The Respondent shall not refer to CSA or this RFP in any of its publicity or advertising materials without CSA’s approval which may be withheld in CSA’s sole discretion.
13. DRAFTING CONTROL
CSA will control the drafting of the agreement(s) (including all schedules, appendices and other attachments) to be negotiated between CSA and the Successful Respondent. To this end, such drafting shall be done by CSA’s attorneys.
14. DECISIONS ON PROPOSALS
14.1 The decision by CSA or other authorized delegate or body of CSA regarding the appointment of a Successful Respondent shall be final.
14.2 Where a Successful Respondent has been appointed and has been awarded on the strength of information furnished by such Respondent, which is shown to have been incorrect or misleading, CSA may, in addition to any other legal remedy it may have:
14.2.1 recover from the Respondent all costs, losses or damages incurred or sustained by CSA as a result of the appointment; and/or
14.2.2 cancel any agreement entered into with such Respondent and claim any damages which CSA may suffer as a result of having to make less
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favourable arrangements; and/or
14.2.3 impose a financial penalty on the Respondent, which shall not exceed 5% (five percent) of the firm price offer submitted by the Respondent.
15. RESTRICTION FROM TENDERING OR CONTRACTING
15.1 The procurement manager of CSA may, in addition to any other legal remedies CSA may have, determine that no Proposal should be considered, or determine that a contract should be cancelled, if the procurement manager of CSA is of the opinion that a Proposal or Respondent has:
15.1.1 failed to comply with any of the conditions of an agreement or has performed unsatisfactorily under an agreement;
15.1.2 failed to react to written notices properly sent to it; or
15.1.3 offered or given a bribe or any other inducement, or has acted in a fraudulent manner or in bad faith or in any other improper manner.
16. REPRESENTATION
16.1 Each Respondent hereby represents and warrants to CSA that the information provided herein is true and correct as at the Closing Date.
16.2 Upon completion of its evaluations, CSA may select the Successful Respondent. CSA may condition its selection of the Successful Respondent at this stage on addressing weaknesses identified in the Respondents’ Proposal (including any as judged against the requirements of this RFP).
16.3 Provided the Successful Respondent satisfactorily addresses such identified
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weaknesses, and CSA desires to proceed with the transaction, CSA will enter into negotiations with the Successful Respondent with a view to concluding an agreement. If CSA is of the opinion that any Successful Respondent has failed to resolve any outstanding issues expeditiously, CSA reserves the right to cease negotiating with such Successful Respondent and negotiate with another Respondent next in line, in terms of points scored.
17. COMPLIANCE
The Successful Respondent shall be in full and complete compliance with any and all applicable laws and regulations.
18. TAX COMPLIANCE
18.1 Respondents must be compliant when submitting a Proposal to CSA and remain compliant for the entire contract term with all applicable tax legislation, including but not limited to the Income Tax Act, 1962 and Value Added Tax Act, 199.
18.2 It is a condition of this RFP that the tax matters of the Successful Respondents be in order, or that satisfactory arrangements have been made with SARS to meet the Respondents tax obligations.
18.3 It is a requirement that Respondents grant a written confirmation when submitting their Proposals that SARS may on an ongoing basis during the tenure of the agreement resulting from the award disclose the Respondent’s tax compliance status and by responding to this RFP such confirmation is deemed to have been granted.
18.4 SARS has implemented a new tax compliance status (TCS) system in terms of which a taxpayer is now able to authorise any 3rd party to verify its compliance status in one of two ways: either through the use of an electronic access PIN, or through the use of a Tax Clearance Certificate obtained from the new TCS system.
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18.5 Respondents are required to provide the following to CSA in order to enable it to verify their tax compliance status:
Tax reference number: ______Tax Clearance Certificate & TCC Number: ______and PIN: ______
19. PROTECTION OF PERSONAL DATA
19.1 In responding to this RFP, CSA acknowledges that it may obtain and have access to personal data of the Respondents. CSA agrees that it shall only process the information disclosed by Respondents in their response to this RFP for the purpose of evaluating and subsequent award of business and in accordance with any applicable law. Furthermore, CSA will not otherwise modify, amend or alter any personal data submitted by Respondents or disclose or permit the disclosure of any personal data to any third party without the prior written consent from the Respondents. Similarly, CSA requires Respondents to process any personal information disclosed by CSA in the bidding process in the same manner.
19.2 By signing this RFP Document, the Respondent is deemed to acknowledge that it has made itself thoroughly familiar with all the conditions governing this RFP, including those contained in the Returnable Documents and CSA will recognise no claim for relief based on an allegation that the Respondent overlooked any such condition or failed properly to take it into account for the purpose of calculating tendered prices or otherwise.
Signed at ______on this ______day of ______2019
For and on Behalf of ______
______
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Name:
Position:
Who hereby warrants his authority
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ANNEXURE A
SERVICES
SCOPE OF WORK AND PRODUCTION REQUIREMENTS
1. LIVE FEED PRODUCTION
1.1. The Successful Respondent shall be responsible for providing a high standard high definition audio visual production of the MSL in accordance with professional standards for the televising of world class sporting events in the form of a 625 line PAL synchronous broadcast signal with international stereo sound. The production will be with a 16:9 aspect ratio.
1.2. The Successful Respondent shall provide uninterrupted Live Feed from 30 minutes before the start of each Match and the Live Feed shall include the toss and any closing ceremony or prize giving ceremony. The Live Feed shall include wrap around shows covering 30 minutes pre-Match (of which 12 minutes shall be commercial air time) and 15 minutes post-Match (of which 6 minutes shall be commercial air time).
1.3. The Successful Respondent shall on an ongoing basis, throughout the Term, identify and implement ways to improve the quality, service, performance standards and technology for the provision of the Services and shall ensure the provision of high standard of coverage of the MSL.
1.4. The Successful Respondent shall provide sufficient high standard experienced production teams (controlled by a producer with considerable previous experience of international cricket coverage and with key camera positions manned by
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persons reasonably experienced in such activity for international cricket or the equivalent T20 tournaments around the world for each of the Matches for which coverage is required.
1.5. The Successful Respondent shall provide full live coverage (with the use of modern technology applicable, readily available and appropriate for the sport of cricket and international sound effects) of the Matches with such number of cameras as contained in the Camera Narrative attached hereto as Schedule 1 which coverage shall be of the following specifications (or better):
1.5.1. Standard Cameras (LDK 8000/IKE 97/Sony 1500) equivalent or better
1.5.2. Minimum 2 Super Slow Motion Cameras (LDK 8300) equivalent or better
1.5.3. HD Stump Cams both ends (SIS)
1.5.4. RF Cams (Gigawave)
1.5.5. Minimum 2 Ultramotion Cameras
1.5.6. Omni Cam
1.5.7. Drone Cameras
1.5.8. ENG Camera - (PMW 500)
1.5.9. Ball Speed Tracking
1.5.10. Lenses to be used - Super-wide, 22x, 40x, 75x, 86x and 100x
1.5.11. Pole Camera
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1.5.12. Full Broadcast Hawkeye technology and assets for entire duration of the MSL.
1.6. If requested by CSA the equipment shall be made available for inspection to a qualified CSA team member at least two (2) days prior to day of the opening Match. Any replacement or additions recommended by such team member, at the discretion of the CSA, will be at the sole responsibility of the Successful Respondent and it will ensure all minimum requirements set out herein are met for the entirety of the MSL.
1.7. The Live Feed in respect of any Match will include the following:
1.7.1. on screen ball delivery speed reference;
1.7.2. state of the art LBW surveillance camera angles and slow motion capability;
1.7.3. stump, run out, real time replays, "snickometers", super motion and hand held cameras;
1.7.4. on-screen graphics as specified by CSA; a pitch report to be played out before the scheduled start of play;
1.7.5. continuous coverage during all intervals in play;
1.7.6. the captain's toss; and
1.7.7. post-match presentations.
1.8. The Successful Respondent shall provide a detailed production plan regarding the coverage of the MSL within forty-five (45) days from the date of signing of the agreement giving effect to its appointment. The production plan will be finalized by
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the Successful Respondent in consultation with the MSL team of the CSA after incorporating the input from Broadcasters and other licensees once they are on board.
1.9. The Successful Respondent shall provide the highlights and packaging of each Match for broadcast and digital upload for real time consumption. The details of the highlight packages shall be included in the production plan and shall be discussed and approved by the MSL team.
1.10. The host broadcaster shall be responsible, at its own cost and expense, for the delivery of Live Feed to BT Tower, to the agreed location in South Africa and the rest of the world.
1.11. The Live Feed must be available at the venue for distribution on the international broadcast circuit no later than one (1) hour before the start of each Match.
1.12. All signals shall be delivered to the technical operations centre at each venue, which is to be considered as the main transmission point. The Live Feed will also be made available at international gateways and at such other locations as stipulated by the CSA to enable exploitation of rights by other broadcasters.
1.13. All transmissions must be encrypted in accordance with prevailing industry standards and must be approved by CSA.
1.14. The Successful Respondent shall provide the Live Feed (including international sound) to the stadium central distribution point at the stadium media centre of each venue, with the relevant Venue being responsible for any further distribution within such venue.
1.15. The Successful Respondent will be responsible for obtaining and maintaining (and shall obtain and maintain) at its own cost all necessary facilities (including encoding facilities), capacity, bandwidth, hosting, equipment, software, consents
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and licences for the encryption and broadcast of the Live Feed as contemplated in this RFP (including, without limitation, transponder and uplink facilities and all equipment and lines required to carry the Live Feed, the information and data streams referred to in this this Annexure “A”).
1.16. The Successful Respondent shall be responsible for all taxes including customs duties in connection with import / re-export of equipment into / from South Africa or any other Venue.
1.17. The Successful Respondent shall not remove or obscure the viewing of the advertising boards or ground markings at any Venue or elsewhere.
2. ON-SCREEN GRAPHICS AND CREDITS
CSA requires the Successful Respondent to create standard match graphics to an international broadcast quality and incorporate them within the Live Feed.The templates for such graphics, animation, devices shall be finalized at least thirty (30) days prior to the commencement of the MSL and provided to CSA for their approval and any recommendations made by CSA shall be incorporated. No graphics, animation or devices shall be used in the Live Feed without the approval of CSA.
3. FACILITIES, UTILITIES AND SECURITY AT THE STADIUM
3.1. The Successful Respondent shall provide equipment and facilities for flash interviews and mixed zone activities including, without limitation, all necessary microphones, monitors (including monitors to show replays to any interviewee), lighting and cameras.
3.2. CSA shall use reasonable endeavours to ensure that usual domestic grid-power is available on-site at each venue. The Successful Respondent shall supply (at its own cost) all technical power supply (both primary and back-up) for production
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purposes which shall be sufficient to ensure uninterrupted coverage of the Matches.
4. INTERVIEWS AND PRESENTATIONS
4.1. Flash interviews and mixed zone interviews/statements arranged in co-operation with CSA before, during and after each Match will be included in the Live Feed.
4.2. The Successful Respondent must use the backdrops (including the CSA and MSL logos and the MSL sponsors' logos) provided by CSA for all interviews and presentations in specified exclusive areas and shall not include the logos of any third party in any screenshots during such interviews and presentations.
5. TAPES/OTHER MEDIUMS
5.1. The Successful Respondent shall build an archive system for all material in connection with the MSL which shall include, as a minimum, a master tape management, a hard disk server system (EVS), a detailed logging system and digitalised storage system in HD and SD format.
5.2. The Successful Respondent shall provide tapes and online secure downloadable links (on Digital Betacam or such other current industry standard as reasonably requested by CSA) for each Match for which coverage is produced, at CSA's request, at the broadcast compound at the relevant Venue, as follows:
5.2.1. two (2) 1080/50i HD 16:9 master recordings master recordings with international sound effects and graphics of each Match within one (1) hour after the end of the Match in a digital format (hard drive);
5.2.2. one (1) digital copy of the EVS Melt – iso footage to be delivered to CSA within four (4) hours after the end of each Match; and
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5.2.3. copies of the recordings via external HDDs with international sound and graphics to be delivered to CSA within thirty (30) minutes after the end of play or awards/cup ceremony.
5.3. Hawkeye footage/data should be provided separately on the abovementioned medium.
5.4. The Successful Respondent shall provide a innings highlights for a Live Stream / online packages, Live Stream facility for uploading of the content and shall coordinate with online streaming right holders.
6. BROADCAST CENTRE
6.1. CSA will provide a appropriate amount of space at each Venue at no cost to the Successful Respondent. The Successful Respondent will also be responsible for providing all services required in respect thereof.
6.2. CSA shall be responsible for supplying:
6.2.1. Camera rostra or other temporary construction necessary to facilitate the broadcast including, without limitation, suitable camera gantries at each Venue for wicket-to- wicket cameras, ball-follow cameras, mid-wicket cameras and high 45 (Successful Respondent shall not be required to pay for any local temporary construction costs);
6.2.2. Minimum of one commentary box at each Venue; Seats / seating and a dugout to accommodate commentary from pitch side Adequate tables and chairs for production staff to work at the ground;
6.2.3. Telephone lines and bandwidth at each Venue comprising 1 x ISDN line, 3 x phone lines and appropriate Internet access for internal use and to facilitate live stream / digital services on CSA’s behalf; and
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6.2.4. Access to Venues as required.
7. PLAYOUT UPTIME REQUIREMENTS
The Successful Respondent acknowledges and agrees that the continuous, high standard, uninterrupted broadcast of the MSL is of fundamental importance to CSA and the performance of its obligations to its broadcasters. The Successful Respondent shall provide an uninterrupted Live Feed in accordance with the requirements set out in this ITT and otherwise as reasonably required by CSA.
8. GENERAL
8.1. The Successful Respondent shall ensure that all references to the MSL included in the Live Feed use the title and logo assigned to the MSL by CSA including the names of title sponsor and other sponsors. The Successful Respondent shall comply with all reasonable instructions provided by CSA regarding coverage during Matches. The Successful Respondent shall ensure that all promotions of the MSL by the Successful Respondent and all references to the MSL by the Successful Respondent or by any affiliated or associated entity of the Successful Respondent (whether in print or electronic media or any other form) shall include the names and logo of the title sponsor and shall use the nomenclature and logo for the MSL assigned by the CSA. The Successful Respondent shall instruct all its commentators to comply with this provision.
8.2. The Successful Respondent shall ensure (except to the extent that the Successful Respondent, acting as a professional and diligent producer, is unable, given the nature of the Live Feed) that nothing is included in the Live Feed which is obscene or defamatory and that the Live Feed will i) be respectful of all religions and will not offend Islamic beliefs, ii) not disrespect the regime in South Africa, its symbols or political institutions, iii) not disrespect the local and international policies of South Africa or disrespect the cultural heritage of South Africa, iv) not be offensive to children or women or any social groups, and v) not include any words or pictures
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that portray violence or sexual conduct. The Successful Respondent shall ensure that no political promotion/discussion will take place, subject always to the Successful Respondent being entitled to exercise fair and reasonable journalistic practices, fair and reasonable editorial discretion and fair comment in accordance with the law.
8.3. The Successful Respondent shall submit to CSA a reasonable time in advance of the start of the MSL a list of commentators it proposes to use for the MSL and CSA shall have an approval right regarding such commentators.
8.4. The Successful Respondent will forthwith comply with any instructions that may be received from CSA as a result decisions made by the Match referee or umpire(s) of a Match in respect of such Match.
8.5. The Successful Respondent will ensure that it does not include in the Live Feed any defamatory material or material that is in violation of any law or which constitutes an infringement of any intellectual property rights of any third party.
8.6. The Successful Respondent shall work closely with CSA in safeguarding and maximizing the MSL’s brand and its stakeholders commercial interests through production.
8.7. The Successful Respondent will comply with all reasonable instructions provided by CSA regarding the requirements of sponsors for production related assets or any other aspects to be incorporated in the Live Feed as intimated by CSA from time to time. CSA shall provide reasonable assistance and support to the Successful Respondent with procedures and supporting paperwork to facilitate temporary importation, movement or clearance of equipment into South Africa as necessary, including providing details of Successful Respondent’s credentials as official production partner of the CSA in relation to the MSL.
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9. CORE PRODUCTION SERVICES AND ENHANCEMENTS
9.1. The following Core Production Services shall be provided by the Successful Respondent:
9.1.1. For MSL 2019 Tournament, production of all 32 Matches assuming a maximum of 32 broadcast days with Matches between 6 teams played in Centurion, Johannesburg, Durban, Port Elizabeth, Cape Town and Paarl
9.1.2. A core OB equipment set up as per the Camera Narrative (attached). ENG Camera and Editor for features, digital content including highlights.
9.1.3. Full Production, Technical, Crew and Support for the entire Tournament assuming 32 broadcast days.
9.1.4. Live Stream: Successful Respondent will facilitate and provide a live stream match feed service for all 32 Matches (2019 MSL)
9.1.5. Satellite Up Link and Delivery of two satellite feeds:
9.1.5.1. Feed A being the World Feed to International Gateways, namely BT Tower;
9.1.5.2. Graphics and Titles package;
9.1.5.3. Ball speed tracking.
9.1.6. Production of pre and post-Match wrap around shows as stated above.
9.1.7. Provision of Go Pro Enhancements
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Schedule 1
1 Camera Narrative
1.1 24 cameras including:
1.1.1 16 Manned Cameras (including standard manned cameras, handheld camera & ENG kit, superslo & ultra motion cameras, and studio cameras); and
1.1.2 8 Unmanned Cameras (including run out cameras, LBW matt cameras, stump cameras, and beauty/sky line cameras).
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ANNEXURE B
DRAFT MATCH SCHEDULE
Game Date Teams Venue Event days 1 08 Nov Jozi Stars v Cape Town Blitz Johannesburg 1 2 09 Nov Durban Heat v Tshwane Spartans Durban 2 3 10 Nov Paarl Rocks v Cape Town Blitz Paarl 3 4 10 Nov Nelson Mandela Bay Giants v Jozi Stars Port Elizabeth 3 5 13 Nov Tshwane Spartans v Nelson Mandela Bay Centurion 4 Giants 6 14 Nov Cape Town Blitz v Jozi Stars Cape Town 5 7 15 Nov Durban Heat v Paarl Rocks Durban 6 8 16 Nov Jozi Stars v Nelson Mandela Bay Giants Johannesburg 7 9 17 Nov Paarl Rocks v Tshwane Spartans Paarl 8 10 17 Nov Durban Heat v Cape Town Blitz Durban 8 11 20 Nov Nelson Mandela Bay Giants v Cape Town Port Elizabeth 9 Blitz 12 21 Nov Tshwane Spartans v Durban Heat Centurion 10 13 22 Nov Paarl Rocks v Jozi Stars Paarl 11 14 23 Nov Nelson Mandela Bay Giants v Durban Heat Port Elizabeth 12 15 24 Nov Cape Town Blitz v Paarl Rocks Cape Town 13 16 24 Nov Jozi Stars v Tshwane Spartans Johannesburg 13 17 27 Nov Paarl Rocks v Nelson Mandela Bay Giants Paarl 14 18 28 Nov Cape Town Blitz v Durban Heat Cape Town 15 19 29 Nov Tshwane Spartans v Paarl Rocks Centurion 16 20 30 Nov Durban Heat v Nelson Mandela Bay Giants Durban 17 21 01 Dec Cape Town Blitz v Tshwane Spartans Cape Town 18 22 01 Dec Jozi Stars v Paarl Rocks Johannesburg 18 23 03 Dec Mandela Bay Giants v Tshwane Spartans Port Elizabeth 19 24 04 Dec Paarl Rocks v Durban Heat Paarl 20 25 05 Dec Tshwane Spartans v Jozi Stars Centurion 21 26 06 Dec Cape Town Blitz v Nelson Mandela Bay Cape Town 22 Giants 27 07 Dec Jozi Stars v Durban Heat Johannesburg 23 28 08 Dec Nelson Mandela Bay Giants v Paarl Rocks Port Elizabeth 24 29 08 Dec Tshwane Spartans v Cape Town Blitz Centurion 24 30 10 Dec Durban Heat v Jozi Stars Durban 25 31 13 Dec Qualifier TBC 26 14 Dec Qualifier – reserve day 32 16 Dec Final TBC 27 17 Dec Final – reserve day
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