Independent Communications Authority of South Africa
350 Witch-Hazel Avenue, Eco Point Office Park
Eco Park, Centurion.
Private Bag X10, Highveld Park 0169
DRAFT TERMS OF REFERENCE FOR THE APPOINTENT OF A FORENSIC
INVESTIGATION FIRM TO CONDUCT AN INVESTIGATION INTO FRAUDULENT
PAYMENTS
1. PURPOSE OF THE BID
1.1. The Independent Communications Authority of South Africa (“Authority/ICASA”) is
a constitutional entity as listed in the Public Finance Management Act (PFMA).
1.2. As a constitutional entity, ICASA makes use of the National Treasury Central
Supplier Database, JDE and internet banking to effect payments to suppliers.
Various officials within ICASA have powers delegated to them by the Chief
Executive Officer in order to perform their functions.
1.3. The purpose of the bid is to appoint a suitably qualified forensic investigation firm
to conduct an investigation, using various forensic techniques, to which they will
be required to:
1.3.1. Conduct the necessary interviews;
1.3.2. gather evidence relating to the type of fraud being investigated and/or
committed;
1.3.3. determine:
• parties involved;
• when the fraudulent or illegal conduct began; and
• why the fraudulent/illegal act was not detected by the internal security
measures.
1.3.4. report their findings in a written report, which must include supporting
evidence; and
1.3.5. support the Authority, as an expert witness, in relation to any proceedings
instituted against any person found to have committed fraud against the
Authority.
1.4. The findings report developed by the forensic investigation firm will assist the
Authority to take the appropriate cause of action, including instituting disciplinary,
civil and/or criminal proceedings against anyone (including staff members) found
to have defrauded (including the intention to defraud the Authority) or acted
negligently in exercise of their duties for the Authority.
2. SCOPE OF WORK
The forensic investigation firm appointed will be required to, inter alia (together with the
ICASA Internal Audit and Risk and Compliance team), to
2.1. Conduct interviews with ICASA staff to understand the ICASA systems and
processes.
2.2. Utilize the latest available technology or specialized systems to image relevant
computers, interrogate ICASA system, download and analyse the relevant
electronic data.
2.3. Identify systems and internal control deficiencies (if any) giving rise to reported
outcomes.
2.4. Engage with the relevant person/s as determined by investigations.
2.5. Compile evidence file/s supporting the investigation reports.
3. PROCUREMENT POLICIES AND PROCEDURES
The general conditions of tender, contract and order will be applicable to this tender.
ICASA reserves the right to cancel the bid at its sole discretion or to award the bid in
full or part.
4. EVALUATION CRITERIA (FUNCTIONALITY)
5.1. Only bidder/s that meets the minimum required percentage or minimum points,
will be evaluated in terms of price and preference as per the PPPFA Act, 2000 (Act
No.5 of 2000) and the associated Regulations issued by the National Treasury.
5.2. Bidders will also be evaluated on:
(a) Functionality; and
(b) Price /BB-BEE.
5.3. A bidder /s that score less than 70 points out of 100 in respect of overall
functionality will be regarded as having submitted a non-responsive bid and will be
disqualified.
5.4. For the purpose of comparison and in order to ensure a meaningful evaluation,
bidders must submit detailed information in substantiation of compliance to the
mentioned evaluation criteria (e.g. details of relevant previous work undertaken,
original letters from previous /current clients, etc.)
5.5. The project is expected to commence within a week of appointment and completed
within a period of 30 days. A service provider must indicate their availability due
to the project constrained timelines.
6. FUNCTIONALITY CRITERIA
NO
FUNCTIONALITY CRITERIA
SCORE
WEIGHT
1.
Methodology:
Provide detailed methodology
that includes legal process for
resolving signs or allegations of
fraud and demonstrating
understanding of the
requirements and expectations of
Rating of 5 = Provided detailed
methodology, excellent
understanding of scope, project
plan to be completed within 30
days
Rating of 4 = Provided detailed
methodology, good
40
the ICASA as outlined in the
scope of work].
Provide in relations to the outline
of scope of work, a complete list
of services the forensic
investigator can provide.
understanding of project scope,
project plan to be completed
within 40 days
Rating of 3 = Provided detailed
methodology, average
understanding of scope, project
plan to be completed within 45
days
Rating of 2 = Provided detailed
methodology, average
understanding of scope, project
plan to be completed within 60
days
Rating of 1 = No methodology
and/or poor understanding of
scope and/or no project plan
2.
Experience:
Contactable references (in
company letter heads) as proof of
having conducted forensic
investigations, within the public
sector, not older than 3 years.
ICASA is entitled to validate the
provided reference letters.
Rating of 5 = four and above
reference letters
Rating of 4 = three reference
letters
Rating of 3 = two reference
letters
Rating of 2 = one reference
letter
Rating of 1 = no reference
letters
30
3.
Team Qualifications & Skills:
CV’s for: Project leader, Manager
and team members detailing the
qualifications, skills and
membership to professional
bodies for each of the members
listed.
Rating of 5
• Project leader is a Certified
Fraud Examiner (CFE) or
Chartered Accountant CA (SA)
or Admitted attorney or
Advocate with more than 10
years of investigative
experience.
• Skills mix within the assigned
team should include: Certified
Information Systems Auditor
20
(CISA), CA (SA), Certified
Internal Auditor (CIA, legal
practitioner and Risk
Management.
• 100% of the staff members
possess forensic investigation,
financial, risk management,
law and auditing related skills.
Rating of 4
• Project leader is a CFE or CA
(SA) or Admitted attorney or
Advocate with experience of
between 7-9 years of
investigative experience
• Skills mix within the assigned
team should include: CISA, CA
(SA), CIA, legal practitioner,
Risk Management
• 75% of the staff members
possess forensic investigation,
financial, risk management,
law and auditing related skills.
Rating of 3
• Project leader is a CFE or CA
(SA) or Admitted attorney or
Advocate with experience of
between 4-6 years of
investigative experience.
• Skills mix within the assigned
team should include: CISA, CA
(SA), CIA, legal practitioner,
Risk Management
• 50% of the staff members
possess forensic investigation,
financial, risk management,
law and auditing related skills.
Rating of 2
• Project leader is not a CFE or
CA (SA) or Admitted attorney
or Advocate with experience of
between 1-3 years of
investigative experience
• Skills mix within the assigned
team should include: CISA, CA
(SA), CIA, legal practitioner,
Risk Management
• 30% of the staff members
possess forensic investigation,
financial, risk management,
law and auditing related skills.
Rating of 1
• Project leader is not a CFE or
CA (SA) or Admitted attorney
or Advocate with no experience
of investigative experience.
• There is no skills mix within the
assigned team.
• None of the staff members
possess forensic investigation,
financial, risk management,
law and auditing related skills.
4
Availability
The ability of the firm to
commence with the project
immediately upon appointment
Rating of 5 = Commence
project within 1-10 working
days of appointment letter
received
Rating of 4 = Commence
project within 11-15 working
days of appointment letter
received
Rating of 3 = Commence
project within 16-20 working
days of appointment letter
received
Rating of 2 = Commence
project within 21-25 working
days of appointment letter
received
Rating of 1 = Commence
project after 26 working days of
appointment letter received
10
5.
Total
100
6.
Minimum Threshold
70
