REQUEST FOR PROPOSAL (RFP)

COSRFP001/04/2018.

PROVISION OF MUSICAL WORKS MONITORING AND ANALYSIS SERVICES FOR

THE EXPLOITATION OF MUSICAL WORKS ON RADIO, TELEVISION AND OTHER
MEDIA PLATFORMS

Issued by: COPYRIGHT SOCIETY OF BOTSWANA (COSBOTS)

Date: 10th April 2018

Notice to Prospective Proposers

You are invited to review and respond to this Request for Proposal (RFP), entitled

Consulting Services COSBOTS 01(01) 03(18)

RESPONSES DUE 22ND MAY 2018 BY 4:00 P.M.

The point of contact for the administration of this RFP is Mr. Ditiro Chaa or Ms.
Boitumelo Monagen who may be contacted on telephone number: 3928055 and fax:
3928131 or email ditiroc@cosbots.com or boitumelom@cosbots.com

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1. INTRODUCTION & BACKGROUND
1.1 Copyright Society of Botswana (COSBOTS), a private company limited by
guarantee mandated by the Copyright and Neighbouring Rights Act CAP 68:02
to license, collect and distribute royalties, is in need of a usage of copyrighted
musical works monitoring and analysis service and is accepting proposals in
response to this Request for Proposal (this “RFP’’) in order to find a qualified
source to provide this monitoring service.

2. PROCUREMENT SCHEDULE AND GENERAL INSTRUCTIONS

2.1 COSBOTS has developed the following list of key events from RFP issuance
through notice of award. All deadlines are subject to change at COSBOTS
discretion.

No. EVENTS Key Dates

1 Issue RFP Tuesday 10th April 2018 by 4:00 P.M

2 Deadline for Bidder Questions Thursday 19th April 2018 by 4:00 P.M.

Monday 30th April 2018 by 4:00 P.M Posted

3 Posting of Responses to Bidder Questions
at http://www.cosbots.com

4 Proposal Submission Due Date and Time Tuesday 22nd May 2018 by 4:00 P.M.

5 Evaluation of Bids Monday 2nd July 2018 by 4:00 P.M.

Thursday 5th July 2018 Posted at

6 Post Proposer’s Scores
http://www.cosbots.com

8 Proposed Award Date Tuesday 10th July 2018

9 Contract period begins Wednesday 1st August 2018

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3. PRE-PROPOSAL PROCESS


3.1 Request for Clarifications or Modifications

3.1.1 Potential bidders interested in responding to this RFP may submit questions
on procedural matters related to the RFP or requests for clarification or
modification of this RFP, including questions regarding the related Mr. Ditiro
Chaa or Ms. Boitumelo Monagen who may be contacted on telephone
number: 3928055 and fax: 3928131 or email ditiroc@cosbots.com or
boitumelom@cosbots.com by the date and time stated in Section 2.1 (Key
Dates).

3.1.2 If the bidder is requesting a change, the request must set forth the
recommended change and the bidder’s reasons for proposing the change. All
questions and requests must be submitted in writing no later than the date
specified in Section 2.1 (Key Dates). Procurement Schedule. Questions or
requests submitted after the due date will not be answered.
3.1.3 Without disclosing the source of the question or request, COSBOTS will post
a copy of the question(s) with the COSBOTS’s response(s) on the Society’s
website: http://www.cosbots.com.
3.1.4 If a Bidder’s question relates to a proprietary aspect of its proposal and the
question would expose proprietary information if disclosed to competitors, the
Bidder may submit the question in writing, conspicuously marking it as
"CONFIDENTIAL." With the question, the Bidder must submit a statement
explaining why the question is confidential.
3.1.5 If COSBOTS concurs that the disclosure of the question or answer would
expose proprietary information, the question will be answered, and both the
question and answer will be kept in confidence. If COSBOTS does not concur
regarding the proprietary nature of the question, the question will not be
answered in this manner and the Bidder will be notified.

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4. AMBIGUITY, DISCREPANCIES, OR OMISSIONS

4.1.1 If a Bidder submitting a proposal discovers any ambiguity, conflict,

discrepancy, omission, or other error in this RFP, the Bidder shall immediately
provide the Submittal Contact listed in Section 25.1 written notice of the
problem and request that the RFP be clarified or modified. Without disclosing
the source of the request, COSBOTS may modify the RFP prior to the date
fixed for submission of proposals by providing an addendum to potential
Bidder and by posting the addendum to COSBOTS website
http://www.cosbots.com.
4.1.2 If, prior to the date fixed for submission of proposals, a Bidder submitting a
proposal knows of or should have known of an error in the RFP, but fails to
notify COSBOTS of the error, the Bidder shall propose at its own risk, and if
the Bidder is awarded the contract, the Bidder shall not be entitled to
additional compensation or time by reason of the error or its later correction.

5. RFP ADDENDA
5.1.1 COSBOTS may modify this RFP prior to the date fixed for submission of
proposals by posting an addendum on the COSBOTS website
http://www.cosbots.com/. It is the responsibility of all Bidders to review the
COSBOTS website for potential RFP updates. If any Bidder determines that
an addendum unnecessarily restricts its ability to propose, it must notify the
Submittal Contact listed in Section 25.1 no later than three (3) business days
following the date the addendum is provided. Pricing shall reflect all addenda
issued by the COSBOTS. COSBOTS will interpret the proposal to include all
addenda issued in any resulting contract.

6. AUTHORIZED SIGNATURES, VALIDITY PERIOD OF PROPOSALS

6.1.1 An individual who is authorized to bind the proposing bidder contractually
shall sign Attachment B, “Certificate of Authority”. The signature must indicate
the title or position that the individual holds. An unsigned proposal will be
rejected.
6.1.2 Proposals will be valid for ninety (90) days after the Proposal Due Date
specified in Section 2.1(Key dates). In the event a final contract has not been
awarded by the date specified in Section 2.1, COSBOTS reserves the right to
negotiate extensions to the Proposal Validity Date.

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7. DEADLINE FOR FINAL SUBMISSION
7.1 Bidders should submit proposals no later than Tuesday 22nd May 2018 for them
to be considered.

8. SUBMISSION PROCEDURE
8.1 Proposals conforming to the requirements set out below must be received by
COSBOTS no later than the deadline given above. All submittals must be
received in hard copy along with CD form. Five (5) copies of each format are
required. Text portions of the submittals are acceptable in Adobe Acrobat® form
by the deadline (including via email) but must be followed in CD and hard copy
form within Fourteen (14) business days. All electronic Bid Sheets/financial
proposal must be submitted as Excel documents, not PDFs. Proposals must
state that they are valid for a period of at least ninety (90) days from the closing
deadline. Physical proposals must be submitted in sealed opaque containers and
marked, PROVISION OF MUSICAL WORKS MONITORING AND ANALYSIS
SERVICES

9. PROJECT DESCRIPTION

9.1 The purpose of COSBOTS procuring an airplay monitoring and analysis service
is to enable the organization to effectively distribute the royalties that it collects
on behalf of composers, authors and publishers, whenever it is that their works
are being exploited. In order for COSBOTS to make an effective distribution to
artists it needs amongst other things, data comprising of information related to
the music usage by the licensed users. Currently COSBOTS relies on lists of
musical works that its customers bring to it as obliged by the licensing
agreements to input into the Societies distribution systems for processing, in
order for a distribution to take place.

9.2 COSBOTS goal with the airplay monitoring service is to:

a) Enable the society to monitor and analyse the music played on radio,
television and other broadcast media

b) Enable the monitoring of the duration and number of works at public

concerts/Live performances at different venues

c) Enable the sampling of music exploited on a random basis in order to cater

for distribution using a representative sample analysis of its logs.

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 d) Identify and report song title, artist, label, ISRC, ISWC, channel, duration,
date and time.

9.3 The Bidder must be in possession of “cutting edge, state of the art” technology
and the necessary capability and team of experts to be able to carry out this
function to COSBOTS’ satisfaction. The technological capacity should include a
robust suite of music and TV online analysis tools. The objective of this Request
for Proposal is to locate a source that will provide the best overall value for
money service to the Copyright Society of Botswana. While price is a significant
factor, other criteria, particularly technical ability, will form the basis of COSBOTS
award decision.

10. RESERVATION OF RIGHTS

10.1 COSBOTS, in its complete discretion, may eliminate proposals that have not
met the Minimum Qualifications in this RPF or have not scored adequately in
relation to other proposals to warrant further consideration during any phase of
the evaluation process. COSBOTS reserves the right to reject any or all
proposals, in whole or in part, and may or may not waive any immaterial
deviation or defect in a proposal. COSBOTS waiver of an immaterial deviation
or defect shall in no way modify the RFP document or excuse an Applicant
from full compliance with RFP document specifications.
10.2 If a proposal fails to meet a material RFP document requirement, the proposal
may be rejected. A deviation is material to the extent that a response is not in
substantial accord with the requirements of the RFP document. Material
deviations cannot be waived.
10.3 Unless otherwise specified in the RFP, COSBOTS may accept any item or
combination of items as specified in the RFP, of any proposal unless the
Bidder expressly restricts an item or combination of items in its proposal and
conditions its response on receiving all items for which it provided a proposal.
In the event that the Bidder so restricts its proposal, COSBOTS may consider
the Bidder’s restriction and evaluate whether the award on such basis will
result in the best value to COSBOTS or may determine in its sole discretion
that such restriction is non-responsive and renders the Bidders ineligible for
further evaluation.
10.4 COSBOTS reserves the right to negotiate with Bidders who have presented, in
the opinion of the Evaluation Committee, the best proposal in an attempt to
reach a contract. If no contract is reached, COSBOTS can negotiate with other
Bidders or make no award under this RFP. At any time the Evaluation

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 Committee can reject all proposals and make no award under this RFP.
Moreover, COSBOTS reserves the right to reconsider any proposal submitted
at any phase of the procurement. COSBOTS also reserves the right to meet
with Bidders to gather additional information. Proposals that contain false or
misleading statements may be rejected if in COSBOTS opinion the information
was intended to mislead COSBOTS regarding a requirement of the RFP
document. COSBOTS may investigate the qualifications of any Bidder under
consideration, require confirmation of information furnished by a Bidder, and
require additional evidence of qualifications to perform the Scope of Work
described in this RFP.

10.5 COSBOTS reserves the right to:

1. Reject any or all of the proposals; 


2. Issue subsequent RFP; 

3. Cancel the entire RFP; 

4. Remedy errors in the RFP; 

5. Reduce the Scope of Work for a reasonable amount if in the best interest
and at the sole discretion of COSBOTS; 

6. Appoint Evaluation Committees to review proposals; 

7. Seek the assistance of outside technical experts to review proposals; 

8. Approve or disapprove the use of particular Subcontractors and suppliers; 

9. Establish a list of Potential Bidders eligible for discussions after review of
written proposals; 

10. Negotiate with any, all, or none of the a Bidders; 

11. Solicit best and final offers (BAFO) from all or some of the Bidders; 

12. Award a contract to one or more Bidders; 

13. Accept other than the lowest priced proposal, if such award is in the best
interest of COSBOTS; 

14. Waive informalities and irregularities in proposals; 

15. Award a Contract without discussions or negotiations; 

16. Disqualify a proposal upon evidence of collusion with intent to defraud, or
other illegal practice(s) on 
 the part of a Bidder; and/or, 

17. Take any/all other actions related to this RFP and this RFP process that
may be deemed necessary by 
 COSBOTS to meet the needs of
COSBOTS and its members. 


11. NO COMMITMENT TO AWARD

11.1 Issuance of the RFP and receipt of proposals does not commit COSBOTS to
award a contract. COSBOTS expressly reserves the right to accept or reject
any or all proposals received in response to this RFP, to negotiate with more
than one Contractor concurrently, or to cancel all or part of this RFP.

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 12. BIDDERS MEETING

12.1 There will be an opportunity for prospective Bidders to meet with COSBOTS
staff for a Question and Answer session at unit 1, Plot 93, Gaborone
International Commerce Park, Gaborone, Botswana on Thursday 19th April
2018.
12.2 Participation at the Bidders Meeting is not mandatory, however, it is limited to
two (2) people per company. The purpose of this meeting is to give bidders the
opportunity to ask COSBOTS questions about the project. If bidders are
intending to send representatives to this meeting they are requested to send an
RSVP to Mr. Ditiro Chaa or Ms. Boitumelo Monagen who may be contacted on
telephone number: 3928055 and fax: 3928131 or email ditiroc@cosbots.com or
boitumelom@cosbots.com and provide names and titles of those attending by
Tuesday 17th April 2018.
12.3 Each bidder will be responsible to provide detailed minutes and notes of the
meeting within two (2) business days of the conclusion of the meeting including
detailed description of any changes made to the scope of work. These should
be forwarded to Mr. Ditiro Chaa or Ms. Boitumelo Monagen who may be
contacted on telephone number: 3928055 and fax: 3928131 or email
ditiroc@cosbots.com or boitumelom@cosbots.com as Microsoft Word
documents. COSBOTS will then create a master meeting record that will be
distributed to Bidders within the following two (2) days. The minutes/ notes will
serve as the (only) official record of the items discussed and resolutions made
during the meeting. All modifications noted in these minutes will be shared with
all bidders

13. OPENING, EVALUATION AND CONTRACTING

13.1 Proposals may be opened by COSBOTS at any time after the submission
deadline. All proposals satisfying the requirements of this Request for
Proposals will be evaluated to establish which of the Bidders best fulfills the
needs of COSBOTS and this project. COSBOTS anticipates entering into a
contract with this/these Bidder(s) to execute the proposed work. This Request
for Proposal, however, does not commit COSBOTS to award a contract, to pay
any costs incurred in the preparation of a proposal or to contract for the goods
and/or services offered. COSBOTS reserves the right to accept or reject any

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 or all proposals received as a result of this request, to negotiate with all
qualified Bidders or to cancel this Request for Proposal, if it is in the best
interests of COSBOTS to do so. The decision of COSBOTS shall be final.

13.2 COSBOTS will rate proposals based on the following factors, with cost being
the most important factor:

13.2.1 Responsiveness to the requirements set forth in this Request for

Proposal.
13.2.2 Relevant past performance/experience and industry specific technical
expertise.
13.2.3 Cost, including an assessment of total cost of ownership.
13.2.4 Technical expertise/experience of bidder and bidder’s staff.
13.2.5 Bidder’s strength of the organization, approach and proposed
resources.
13.3 Proposals will be evaluated to determine the proposal or proposals that offer the
best value to COSBOTS. The proposals that meet the minimum qualifications
will be evaluated and scored according to the criteria indicated below. There are
100 possible points. The Bidder must score at least seventy-five (75) points to
be considered responsive to this RFP. A responsive proposal is one, which
meets or exceeds the requirements stated in this RFP.
1. Price 60% 

2. Methodology/Technical Approach 25% 

3. References 15% 


13.4 The evaluation will be based upon such factors as:

 Cost/Pricing;
 Approach to fulfilling the requirements of the RFP;
 
 Understanding of the project as outlined in the RFP; 

 Experience in providing high quality services of similar type or work in this
RFP; and
 Financial viability and stability.

13.5 Quality of Methodology/Technical Approach; does the methodology depict a

logical thought process. Although some factors may be weighted more than
others, all are considered necessary, and a proposal must be technically
acceptable in each area to be eligible for an award. With regard to cost,
COSBOTS reserves the right, in its sole discretion, to reject any proposal
whose price is outside the competitive range.

14. EVALUATION OF FINANCIAL PROPOSAL

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 14.1 Financial Proposal will be reviewed only if a proposal is determined to be
otherwise qualified. All figures entered on the Financial Proposal must be
clearly legible and must be printed in ink or type written. No erasures are
permitted. Errors may be crossed out and corrections printed in ink or
typewritten adjacent and must be initialed in blue ink by the person signing the
proposal.
14.2 Where more than one line item is specified in the solicitation, COSBOTS
reserves the right to determine the highest evaluated Proposer, either on the
basis of individual items, combination of items as specified in the RFP, or on the
basis of all items included in the RFP, unless otherwise expressly provided.

15. PROPOSAL FORMAT AND CONTENT

15.1 Responsive proposals shall provide straightforward, concise information that
satisfies the requirements of this solicitation. Expensive bindings, color displays,
and the like are not necessary or desired. Emphasis shall be placed on
conformity to COSBOTS instructions, requirements of this RFP, and the
completeness and clarity of content.

15.2 Proposals must include the following:

A. Table of Contents 

B. Executive Summary 

C. Validity and Authorized Signature 

D. Company Background and Subcontractor Information 

E. Experience and Qualifications 

F. Methodology/Technical Approach 

G. Financial Proposal (in separate sealed envelope) 

H. Additional Required Forms

15.2.1 EXECUTIVE SUMMARY

15.2.1.1 Executive Summary Content (Maximum 2 pages)
 The Bidder must

provide an Executive Summary of its proposal. The Executive Summary
shall be a “high-level”, general overview of how the Bidder proposes to
accomplish the requirements of this RFP. The Executive Summary shall
demonstrate that the Bidder understands the RFP requirements. The
Bidder shall also address in this section how it meets the Minimum
Qualification requirements.

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15.2.2 BIDDER INFORMATION, VALIDITY, AND AUTHORIZED SIGNATURE

15.2.2.1 The Executive Summary shall include the bidder information, validity
period, and authorized signature, as required in Section 6.

15.2.3 COMPANY AND SUBCONTRACTOR INFORMATION

15.2.3.1 Company Background Information (Maximum 3 pages)
 COSBOTS

requires the Vendor to be a reputable company of strong financial
standing with five (5) years prior experience providing services in the
airplay monitoring and analysis space. The Bidder’s proposal must provide
the information requested below. If the Bidder is a joint venture,
information about the prime Service Provider and the Subcontractor must
be submitted separately. The information to be provided is as follows:

a. Complete name and address. 


b. Tax Identification Number (TIN)

c. Company registration Number

d. A short narrative description of the Bidder’s organization, including
organizational charts and 
 indication of company officers where
applicable. 

e. Principal type of business. 

f. Total number of years in business. 

g. Number of years providing products and services similar in size and
scope to those requested in this 
 RFP. 

h. Annual contract value of the Bidder’s three (3) largest contracts for
similar products and services in 
 the past three (3) years. 

i. Percent of turnover of service staff for each of the last three (3) years
in the Bidder’s organization 
 that will be responsible for providing
products and services described in this RFP (e.g. Account 
 Manager,
Customer Service personnel, etc.). 

j. If Subcontractors are proposed for this RFP, describe the Bidder’s
contract management process for 
 Subcontractors included in the
Bidder’s proposal and provide copies of signed formal contracts. 


15.2.3.2 Subcontractors

15.2.3.2.1 If Subcontractors are proposed for this RFP, provide the following
information for each Subcontractor:
a. Subcontractor name and address. 

b. Tax Identification number (TIN)


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 c. Company Registration Number 

d. A short narrative of the subcontractor’s organization, including
organization charts and indication of company officers where applicable.


e. Principal type of business. 

f. Total number of years in business. 

g. Number of years providing services similar in size and scope to those
requested in this RFP. 
 

h. Percent of turnover of service staff for each of the last three (3) years in
the Subcontractor’s 
 organization that will be responsible for providing
services described in this RFP (e.g. Account Manager, Customer
Service personnel, etc.). 


15.2.4 EXPERIENCE AND QUALIFICATIONS

15.2.4.1 Prior Experience and References (Maximum 5 pages)
 COSBOTS

requires the Bidder and its Subcontractors to have prior experience in all
aspects of the services described in this RFP for customers similar to or
with relevance in the size, complexity and scope of this RFP. The Bidder
shall:

a. Describe your organizational structure. 


b. Describe the background, mission, goals, and services of your
organization. Include specific 
 references to your history and
experience that relate to the Scope of Work in this RFP and
demonstrate capacity for delivering organizational development
consultancy, specifically among public agencies and the judicial branch.


c. Describe your organization’s experience as it pertains to providing
services similar in size, complexity and scope to those required under
this RFP and in the manner required pursuant to this RFP. Describe the
number of years providing services similar in size and scope to those
requested in this RFP. 

d. Provide a copy of current business license(s), professional
certifications, or other credentials; proof that the Bidder. Attach business
license. 

e. Describe the principal type of business and total number of years in
business. 

f. Provide the names, addresses, and telephone numbers for a minimum
of three (3) customers for 
 whom the Bidder has provided similar
products and services within the last 18 months. The Bidder shall
include a brief description of the scope of services provided to the
customer and the duration of the contract. COSBOTS may contact
some or all of the references provided in order to determine the Bidder’s
performance record. COSBOTS reserves the right to contact references

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 other than those provided in the proposal and to use the information
gained from them in the evaluation process. 

g. Provide Audited Financial statements for your company for the last
three (3) years. If your company is privately owned, this information will
be kept confidential by COSBOTS. Please state on the document if your
company is privately owned and you want this information to be kept
confidential.



15.2.5 SUBCONTRACTORS

15.2.5.1 If Subcontractors are proposed for this RFP, describe the Bidder’s
contract management process for Subcontractors included in the proposal
and provide copies of signed formal contracts (e.g., teaming contracts or
any other legally binding document), if any exist, between the contractor
and each proposed Subcontractor. Provide a short narrative of the
Subcontractor’s organization including organization charts and indication
of company officers where applicable; principal type of business and total
number of years in business; percent of turnover in the Subcontractor’s
organization for each of the last five (5) years of service staff who will be
responsible for providing products and services described in this RFP
(e.g., Account Manager, Customer Service personnel, etc.); and number
of years providing services similar in size and scope to those requested in
this RFP. COSBOTS reserves the right to approve or disapprove the use
of particular Subcontractors and suppliers. \

15.2.6 METHODOLOGY

15.2.7 Methodology/Technical Approach (Maximum 10 pages)
 The Bidder shall

provide a specific, detailed Work Plan that describes how the Bidder intends
to provide the requested services which are set forth in Annexure A “Scope of
Work”. Explain in full detail, do not summarize your services in this section;
rather, explain exactly how you can meet the needs of COSBOTS. The
Bidder should demonstrate a clear understanding of the tasks in the Scope of
Work. The Bidder shall include:
a. Describe your organization’s general project management approach in
addressing planning, development, coordination and delivery of services
related to airplay monitoring and analysis. 

b. Describe the key individuals and their roles on your team who will
perform the services as outlined in the Scope of Work. Provide resumes

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 for key team members; explain their relevant experience and expertise;
describe each member’s general roles and responsibilities to achieve the
Scope of Work in this RFP and each member’s time on the project.
Indicate who will be the primary liaison between your organization and
COSBOTS. (Note: resumes do not count towards the maximum
page count requirement). 

c. Describe your recommended timeline, including milestones, deliverables,
and activities. 

d. Describe in detail how you will provide the Scope of Work. 

e. Describe your flexibility with changes requested by COSBOTS. 

f. Describe your communication process with COSBOTS (phone, email,
fax, in person meetings, conference calls, etc.).

[Optional:]

a. Additionally COSBOTS is inviting bidders to propose up to three (3)

Alternate Bids that provide for cost savings and value engineering.
Bidders should include the cost estimate(s) for Alternate Bids on the Bid
Sheets/financial proposal, in the spaces allocated, and provide a short
description of the experience and any service provision approach.
Submission of Alternate Bids is optional.

b. Total calculated prices should be given in both words and figures. These
sheets have been included in an electronic form as Excel documents.

16. OTHER WORK

16.1 If a bidder has not identified a scope of work not listed in either the section
called “The Work,” nor in “Proposed Scope of Work” that the bidder feels is
required to complete the project, then the bidder should assume that scope
falls within the bidder’s responsibilities. Any work identified as such must be
listed and described separately in the Request for Proposals response and
detailed estimates of costs provided.

17. PROTEST PROCEDURES

17.1 Failure of Vendor to comply with the protest procedures set forth in this
Sections 14.1.1, 14.1.2, 14.1.3, and 14.1.4 will render a protest inadequate
and untimely, and will result in rejection of the protest. In no event shall a
protest be considered if all submittals are rejected or after a Contract has been
executed.

17.1.1 Form of Protest

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17.1.2 A Bidder who is qualified to protest shall submit the written protest to the
Submittal Contact who will forward the matter to the Chief Financial Officer.

a) The protest must be in writing and sent by certified or registered mail or

delivered personally to the address noted in Section 25.1. If the protest is
hand-delivered, a receipt must be requested. 

b) The protest shall include the name, address, telephone and facsimile
numbers of the party protesting or their representative. 

c) The title of the RFP under which the protest is submitted shall be included.
d) A detailed description of the specific legal and factual grounds of protest
and any supporting 
 documentation shall be included. 

e) The specific ruling or relief requested must be stated. 


17.1.3 COSBOTS, at its discretion, may make a decision regarding the protest
without requesting further information or documents from the protestor.
Therefore, the initial protest submittal must include all grounds for the protest
and all evidence available at the time the protest is submitted. If the protestor
later raises new grounds or evidence that was not included in the initial
protest but which could have been raised at that time, COSBOTS will not
consider such new grounds or new evidence.

17.1.4 Prior to Submission of Proposal

17.1.5 A Bidder with a direct economic interest in the procurement may file a protest
based on allegedly restrictive or defective specifications or other improprieties
in the RFP process that are apparent, or should have been reasonably
discovered prior to the submission of a proposal. Such protest must be
received prior to the Proposal Closing Time (Section 2.1; Key Dates).
17.1.6 The Bidder must have exhausted all administrative remedies specified in
Section 3.1 Request for Clarification or Modifications; Section 4. Ambiguity,
Discrepancies, Omissions; Section 5 RFP Addenda; and this Section as
applicable, prior to submitting the protest. Failure to do so may be grounds for
denying the protest.

17.1.7 After Award

17.1.7.1 A Bidder submitting a proposal may protest the award based on

allegations of improprieties occurring during the proposal evaluation or
award period if it meets all of the following conditions:

15
 a) The Bidder has submitted a proposal that it believes to be responsive to
the solicitation document; 


b) The Bidder believes that its proposal meets the administrative and
technical requirements of the 
 solicitation, proposes items and/or
services of proven quality and performance, and offers a 
 competitive
cost; and 


c) The Bidder believes and has reasonable justification that COSBOTS

has incorrectly selected another 
 Bidder submitting a proposal for an
award. 


17.1.7.2 Such protests must be received by COSBOTS no later than five (5)
business days after the Notice of Award is posted to COSBOTS website
http://www.cosbots.com/.

17.1.8 Appeals Process

17.1.8.1 The decision of the Board of Directors (B.o.D) will be considered the final
action by COSBOTS. The justification for appeal is limited to: facts and/or
information related to the protest, as previously submitted, that was not
available at the time the protest was originally submitted; or the decision of
the B.o.D was in error of law or regulation. The request for appeal will
include
1. The name, address, telephone and facsimile numbers of the
proposer filing the appeal or their representative,
2. A copy of the decision by COSBOTS; and
3. The legal and factual basis for the appeal and the ruling or relief
requested.
17.1.8.2 Issues that could have been raised earlier will not be considered on
appeal. Upon receipt of a request for appeal, The Board of Directors or
their designee will review the request and the decision which will be
issued no later than ten (10) days following the receipt of the appeal. The
response by the Board of Directors will constitute the final action.

18. SCOPE OF WORK

18.1 General Description – Scope of Work

18.2 Bidder(s) will provide as needed services to assist in planning and
implementing monitoring and analysis of exploitation of musical works on

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 radio, television and other media platforms; see Annexure A “Scope of Work”
for details.
19. INVOICING

19.1 Successful bidders will be required to invoice COSBOTS at the end of each
calendar month. Invoices should be made out to the Copyright Society of
Botswana.

20. PAYMENT

20.1 COSBOTS does not make any advance payment for goods or services.
Payment is made based upon completion of tasks as provided in the contract
between COSBOTS and any selected Bidder(s).

21. ANNEXTURES

A. Required attachment check list

B. Certificate of authority
C. Bid Sheet/Financial Proposal
D. Scope of Work

22. DISCLAIMER
22.1 Kindly note that this RFP is not a contract or a financial obligation on
COSBOTS to the firms that express interest nor shall COSBOTS be
responsible for any cost incurred by the applicant in the preparation or
submission of any proposal or to procure or contract for any services.
22.2 COSBOTS reserves the right to accept or reject any and all proposals, to
revise the RFP, to request one or more re-submissions or clarification from
one or more applicants, or to cancel the process in part or whole. No
proposals after the submission and closing date will be accepted.
22.3 COSBOTS will select the panel on the basis of the most economically
advantageous proposal/quote but reserves the right not to appoint the lowest
or any applicant.

23. LOBBYING

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 23.1 No lobbying shall be permitted with the Board of Directors, or employees of the
Copyright Society of Botswana and any such occurrence shall result in
immediate disqualification.

24. CLOSING DATE FOR SUBMISSIONS

24.1 Applicants must be submitted at the COSBOTS Office in Unit 1, Plot 93,
Gaborone International Commerce Park, or be emailed to info@cosbots.com
no later than the 20th of March 2018. Submissions received after the closing
date will not be considered.

25. BUDGET
25.1 Copyright Society of Botswana’s budget for this project is Six Hundred
Thousand (P600, 000.00) per annum.

26. ENQUIRIES
26.1 Any enquiries relating to this RFP should be done in writing and directed to Mr.
Ditiro Chaa or Ms. Boitumelo Monagen who may be contacted on telephone
number: 3928055 and fax: 3928131 or email ditiroc@cosbots.com or
boitumelom@cosbots.com on or before the Thursday 19th April 2018

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 ANNEXURE A
REQUIRED ATTACHMENT CHECK LIST

A complete proposal package will consist of one (1) original and Four (4) copies of the
Technical Proposal AND one (1) Financial Proposal. Complete this checklist to confirm
the items in your proposal package. Place a check mark or “X” next to each item that
you are submitting to COSBOTS. For your proposal to be responsive, all required
attachments must be returned. This checklist must be returned with your proposal
package.

1.1 Certified Copy of Valid Tax Clearance Certificate

1.2 Duly completed certificate of Authority of signatory
1.3 Duly completed and signed form of declaration by directors and
shareholders together Registrar of Companies forms listing the current
Directors and Shareholders
1.4 Experience of Bidder
1.5 Curriculum Vitae of Key Personnel
1.6 Proposer references
1.7 Certificate of incorporation/Certificate of Registration
1.8 Identifications of Directors
1.9 Valid Trade License

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 ANNEXURE B
CERTIFICATE OF AUTHORITY
This CERTIFICATE OF AUTHORITY must be signed and returned along with all the
"required attachments" as an entire package in duplicate with original signatures. The
proposal must be transmitted in a sealed envelope in accordance with RFP instructions.
An Unsigned CERTIFICATE OF AUTHORITY Will Be Cause for Rejection

18. Our all-inclusive Financial Proposal is submitted in a sealed envelope

marked "Financial Proposal - Do Not Open". 


19. Place all required attachments behind this CERTIFICATE OF

AUTHORITY 


20. The signature affixed hereon and dated certifies compliance with all
the requirements of this RFP, including the ability and capacity to
perform all the work stated in the Scope of Work. The Bidder
authorizes the verification by COSBOTS of all statements in this
proposal and certification. 


21. The Bidder has no interest that would constitute a conflict of interest,
which conflict restricts employees and former employees from
contracting with COSBOTS. 


1. Company Name 2. Telephone Number () 2a. Fax Number ()

3. Address

Indicate your organization type:


4. Sole Proprietorship 5. Partnership 6.

Company

Indicate the applicable company registration number:


9. Indicate applicable license and/or certification information:


10. Proposer’s Name (Print) 11. Title

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 12. Signature 13. Date

ANNEXTURE C
BID SHEET/FINANCIAL PROPOSAL (To be done on excel)

The Bidders shall explain all expenses associated to their proposal/bid packet.

Travel, Per Other Gran

Title/Position Billing Rate Hours Total
Diem Expenses d
Total

Grand total

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 ANNEXTURE D
SCOPE OF WORK
1. General Description: Copyright Society of Botswana (COSBOTS), a private
company limited by guarantee mandated by the Copyright and Neighbouring Rights
Act CAP 68:02 to license, collect and distribute royalties. More information pertaining
to the COSBOTS organizational structure is located at http://www.cosbots.com.
Copyright Society of Botswana (COSBOTS) is issuing this Request for Proposal
(“RFP”) seeking qualified Bidders who have experience to provide musical works
monitoring and analysis service as needed to assist in gathering information and
meta data for the purposes of using the information for distribution of music royalties.

2. Work Description: The work of this RFP is focused around five primary areas; 1.
Monitoring of music played on Radio; 2. Monitoring of music played on Television
and other broadcast media 3. Monitoring of music played at live events, 4.
Monitoring of background music played at shops, bars and hotels, and 5.
Monitoring of background music played on aircraft, pubic road transport and
public rail transport.

The selected Bidder will work with the COSBOTS to redefine the Scope of Work
and Deliverables during contract negotiations, however some of the work and
deliverables include:

a. Develop and establish a music play list monitoring system

b. Facilitate and develop a plan which will enable the society to monitor and
analyse the music played on radio, television and other broadcast media

c. Assisting with implementation of system that will enable the monitoring of the
duration and number of works at public concerts/Live performances at different
venues

d. Facilitate and develop a strategy and system to allow COSBOTS to conduct

the sampling of music exploited on a random basis in order to cater for
distribution using a representative sample analysis of its logs

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 e. Identify and report song title, artist, label, ISRC, ISWC, channel, duration, date
and time.

3. Deliverables:
1. A. Submit for the COSBOTS’s approval an schedule of works or work plan
2. Support – online and telephone service 8:00 AM to 5:00 PM, Central African
Time, Monday to Friday, except public holidays.
3. Service – prompt fix of bugs, revisions, updates and software enhancements.
4. Access to online problem reporting, tracking, and self-help tools
5. Maintain ample data storage – audio data, reports on each user monitored for the
duration of the service
6. Periodic and as needed reports, aligned to format of client system to facilitate
equitable distribution of royalties.
7. Deploying of the necessary equipment for the monitoring including technical
support and guidance during the deployment.
8. Protection - maintain commercially reasonable administrative, physical, and
technical safeguards for protection of Data
9. Periodical training, knowledge sharing, skills transfer and related documents
10. Develop work plan for the duration of the service, aimed at fulfilling the objectives
of the monitoring service as agreed with COSBOTS.
11. Detailed reporting of use of all musical works including but not limited to
frequency, dates, time, work titles, rights holders (composer, author),
synchronized usage and advertisements.
12. Works identification coding system on all clients registered works
13. System to provide analysis of data and data summary for reporting either
monthly, quarterly, semi-annually or annually.

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