Panel of law firms for legal services to the companies tribunal (3-Year contract)

Required returnable documents: Completed SBD4 (Bidder’s Disclosure) form. Key points: - Any natural or juristic person may submit a bid. - Mandatory disclosure of: conflicts of interest, state employment of bidder/directors/trustees/shareholders/members/partners, or relationships with procuring institution officials. - Bidders listed in the Register for Tender Defaulters or List of Restricted Suppliers will be automatically disqualified. - Bid must be independent; no collusion with competitors (joint ventures/consortia excluded). - False or incomplete disclosures will result in disqualification. - Suspicious bids may be reported to the Competition Commission or NPA, with potential penalties including public sector restrictions for up to 10 years.

Disqualification risks: - Listing in the Register for Tender Defaulters or List of Restricted Suppliers. - Failure to complete the SBD4 disclosure form truthfully and fully. - Evidence of collusion, corrupt practices, or improper influence in the bidding process. Legal compliance: - Adherence to the Constitution of the Republic of South Africa. - Compliance with PFMA SCM Instruction /22 on preventing and combating abuse in SCM. - Compliance with the Competition Act (No. 89 of 1998), specifically section 59 (administrative penalties). - Compliance with the Prevention and Combating of Corrupt Activities Act (No. 12 of 2004).

Scope: Appointment of a panel of law firms to provide legal assistance/services to the Companies Tribunal for a 3-year period.

• Services include: legal representation, advisory, and related legal support as required by the Tribunal.
• The panel will be engaged on an as-needed basis for specific legal matters arising during the contract period.

Pricing and Payment:

• Pricing structure and payment terms are specified in the Special Conditions of Contract (SCC).
• Quoted prices must remain fixed unless adjusted per SCC or bid validity extension requests.
• Payment currency: South African Rand (ZAR), unless otherwise stated in SCC.
• Invoicing: Must be accompanied by a delivery note and submitted as per contract obligations.
• Payment timeline: Within 30 days of invoice submission.
• Performance security: Required within 30 days of contract award (e.g., bank guarantee or certified cheque), as specified in SCC. Amount and form are detailed in SCC.

Mandatory Requirements:

• Tax compliance: Original tax clearance certificate from SARS must be submitted prior to bid award. No contract will be awarded to bidders with unresolved tax matters.
• Anti-collusion: Collusive bidding or bid rigging is prohibited under the Competition Act No. 89 of 1998. Evidence may result in bid invalidation, contract termination, or a 10-year restriction from public sector business.
• National Industrial Participation Programme (NIPP): Applicable if the contract is subject to NIPP obligations.
• Language: All correspondence and contract documents must be in English.
• Governing law: Contracts are subject to South African law.

Submit a completed SBD 3.1 Pricing Schedule. Requirements: Only firm prices in RSA currency are accepted; non-firm prices (e.g., subject to exchange rate variations) will be disqualified. If different delivery points influence pricing, provide a separate pricing schedule for each location. Include all applicable taxes (VAT, PAYE, income tax, UIF, SDL) in the bid price. Delivery costs must be included for delivery to the prescribed destination. Clearly state: bidder name, bid number, closing date/time, offer validity period (in days from closing date), item details (quantity, description, brand/model, country of origin), compliance with specifications (yes/no), deviations (if any), delivery period, and delivery basis (firm/not firm).

Pricing must be firm and in RSA currency. All applicable taxes (VAT, PAYE, income tax, UIF, SDL) must be included in the bid price. Delivery costs must be included for delivery to the prescribed destination. Offers must remain valid for a specified number of days from the closing date.

Bidding procedure enquiries: Contact the department/public entity’s designated person via telephone, fax, or email. Technical information: Contact the designated technical person via telephone, fax, or email. Addresses and numbers are to be provided in the bid documentation.

Submit bids by the stipulated closing date and time to the bid box at the specified street address. Late bids will not be accepted. Use only the official bid forms provided (do not re-type). Bids may also be submitted online. Required returnable documents: Signed written contract form (SBD7), completed supplier information (name, postal/street addresses, telephone/cell/fax numbers, email, VAT number, TCS PIN or CSD number), B-BBEE status level verification certificate or sworn affidavit (for EMEs & QSEs), and proof of authority to sign the bid (e.g., directors' resolution).

The successful bidder will be appointed to a panel of law firms to provide legal assistance/services to the Companies Tribunal for a period of 3 years. The scope includes signing a written contract form (SBD7) as part of the appointment.

Mandatory compliance: Register on the Central Supplier Database (CSD) and upload business registration, directorship/membership/ID numbers, tax compliance status, and banking details. Submit a B-BBEE certificate or sworn affidavit to qualify for preference points. Provide a Tax Compliance Status (TCS) PIN from SARS or a printed TCS with the bid. For consortia/joint ventures/sub-contractors, each party must submit separate proof of TCS/PIN/CSD number. If no TCS is available but the bidder is CSD-registered, provide the CSD number. Foreign suppliers not resident in RSA or without a branch/permanent establishment/source of income in RSA are exempt from TCS/PIN requirements. Failure to provide required compliance documents may invalidate the bid.

Evaluation uses the 80/20 Preferential Procurement Regulations 2022 system. Points breakdown: 80 for price, 20 for specific goals. Price scoring formula: Ps = 80(1 - (Pt - Pmin)/Pmin), where Pt = tender price, Pmin = lowest acceptable tender price. Specific goals and points: HDIs (8), Women (4), Youth (4), People with disabilities (2), RDP/SMME promotion (2). Proof must be submitted with the tender to claim points; failure to do so results in zero points for those goals. The organ of state may request substantiation of claims at any time, even post-adjudication.

Mandatory completion of SBD 6.1 Preference Points Claim Form under Preferential Procurement Regulations 2022. Required declarations: company/firm name, registration number, and business entity type (e.g., Partnership, Sole Proprietor, (Pty) Ltd, etc.). Fraudulent claims or non-compliance may lead to: disqualification from the tender process, recovery of costs/losses/damages by the organ of state, contract cancellation with potential damages claimed, restriction from doing business with any organ of state for up to 10 years (after due process), or criminal prosecution.