Panel appointment: labour relations investigative, representation, and advisory services for department of home affairs

Appointment of a panel of suitably qualified service providers (attorneys and non‑referral advocates) to deliver investigative, representation, mediation, and labour‑relations services to the Department of Home Affairs on an “as‑and‑when‑required” basis for three (3) years, with an option to renew for two (2) additional years subject to performance and budget availability.

• Closing date & time: 10 July 2026 at 11:00.
• Non‑compulsory virtual briefing (Microsoft Teams): 26 June 2026 10:00‑11:00 – link https://teams.microsoft.com/meet/362965045568657?p=mBxLGlo4JZeE5GpWvt.
• Clarification deadline: up to 1 week before closing (approx. 3 July 2026).
• Bid validity period: 90 days from closing date.

Non‑compulsory virtual briefing session (Microsoft Teams) on Friday, 26 June 2026, 10:00‑11:00. Link: https://teams.microsoft.com/meet/362965045568657?p=mBxLGlo4JZeE5GpWvt. Attendance is optional but recommended for clarification of the TOR.

Technical contacts – Department of Home Affairs Supply Chain Management:

• Lettie Makhudu – Tel: 012 406 2750 – Email: [email protected]
• Tina Roos – Tel: 012 406 2975 – Email: [email protected]
• Nqobile Chonco – Tel: 012 406 2789 – Email: [email protected]

Online e‑tender portal: https://www.etenders.gov.za/ (tutorial video: https://youtu.be/B7pNseNJYHM).

• Submit the complete bid online via the e‑tender portal (https://www.etenders.gov.za/); hard‑copy or faxed bids will be rejected.
• Use the official SBD forms (SBD 1, 3, 4, 6, 7) – do not re‑type the forms.
• Required returnable documents:

• Valid Tax Clearance Certificate or SARS TCS PIN for the bidding entity (and for each JV/consortium member).
• Central Supplier Database (CSD) registration number for the bidding entity (and for each JV/consortium member).
• Proof of authority (company resolution) and signed Letter of Authority.
• For legal practitioners: certificate of admission and current good‑standing certificate from the Legal Practice Council.
• B‑BBEE verification (SANAS level or CIPC‑issued certificate) where applicable.

• All pages must be signed and initialed; any interlineations must be initialed.
• Bids must be uploaded before the closing time (10 July 2026 11:00). Late submissions will not be accepted.
• Bid validity is 90 days from the closing date; a shorter validity will be deemed non‑responsive.
• Disqualification triggers include late submission, missing/incorrect tax or CSD information, front‑running arrangements, use of state employees or restricted suppliers, and failure to sign the required contract form (SBD 7).
• Only a single legal entity may be contracted; any joint‑venture or consortium must be represented by one lead partner.
• Fronting arrangements are prohibited and will result in immediate disqualification.
• All South African consortium members must provide original tax clearance certificates and the required consortium documentation (JV/trust agreement, CSD reports, consolidated B‑BBEE certificate, completed SBD 1, 3, 4, 6).

Nb: failure to provide / or comply with any of the above particulars may render the bid invalid.

Signature of Bidder: .................................................

Capacity under which this bid is signed: ................................................... (Proof of authority must be submitted e.g. company resolution)

Date: .................................

• Mandatory criteria: be an Attorney or non‑referral advocate (Legal Practice Act) and be enrolled in good standing with the Legal Practice Council (certificate required).
• Pre‑qualification: list at least five qualified attorneys/advocates plus a Project Leader (not one of the five) with demonstrated labour‑law competence.
• Technical evaluation (100 points) – minimum 70 points required:

• Experience references (up to 50 points, based on number of reference letters).
• Project Leader case experience (up to 50 points, based on number of successfully completed cases).

• Financial evaluation: price scored on a 90/10 split (lower price = higher score).
• Specific goals: B‑BBEE points (total 10 points) as per SBD 6.1.
• Bids failing mandatory, pre‑qualification or functional requirements are disqualified.
• Clarifications may be requested in writing; arithmetic errors will be corrected per the rules.

Scope of services (Areas 1‑5):

1. Investigations – gather evidence, interview witnesses, draft charge sheets, testify, and produce investigation reports. Must follow Code of Conduct for Public Servants, ACFE/ICFP standards, and relevant legislation.
2. Forensic work – use approved imaging tools, analyse electronic data, quantify losses, and recommend remedial action.
3. Capacity building – conduct workshops/training on labour‑relations best practices for DHA staff.
4. Mediation & grievance – facilitate processes and advise on remedial actions.
5. Representation – appear at Arbitration, Labour Court, Labour Appeals Court, or any court with inherent jurisdiction; provide legal opinions and legislative interpretation.

Deliverables: investigation reports, training materials, mediation recommendations, court representations, and any other labour‑relations advice as required.

Location: DHA Head Office (Hallmark Building). Contract period: 3 years with an option to renew for 2 years, subject to performance and budget availability.

• Provide at least five (5) qualified attorneys or non‑referral advocates with demonstrated labour‑law expertise.
• Appoint a Project Leader (must not be one of the five listed attorneys) and include their CV showing at least 10‑20 relevant cases (higher scores for >30 cases).
• Submit reference letters (not older than 3 years) for each attorney demonstrating satisfactory performance on labour‑related matters.
• Evidence of admission as an attorney or non‑referral advocate and a current good‑standing certificate from the Legal Practice Council are mandatory.

• Provide a firm price schedule (SBD 3) inclusive of VAT and all incidental costs.
• Indicate ceiling price, estimated man‑days, and confirm that rates are fixed for the entire contract period.
• Disbursement rates (telephone, email, travel) should be itemised; actual reimbursement will be based on supporting vouchers.
• Travel must be economy class; vehicle use limited to one per matter; hotel rates capped at government limits.
• Rates may be negotiated on a case‑by‑case basis but must not exceed the maximum LPC‑approved rates.

• Submit a firm, all‑inclusive price schedule (SBD 3) in South African Rands, VAT included. Prices must be fixed for the whole contract; variable pricing will be rejected.
• Indicate a ceiling price and estimated man‑days; confirm rates are firm for the entire contract period.
• Itemise disbursement rates (telephone, email, travel); reimbursement will be based on supporting vouchers.
• Travel limits: one vehicle per matter, economy‑class air travel, government‑capped hotel rates, AA‑approved kilometre rates.
• Professional fees must not exceed the maximum LPC‑approved rates (lower rates may be negotiated case‑by‑case).
• Payment terms follow the Department’s standard schedule; invoices will be adjusted for any errors.
• Bid validity: 90 days from the closing date.

• Register on the Central Supplier Database (CSD) and provide the CSD number.
• Provide a valid SARS TCS PIN or Tax Clearance Certificate (for each JV/consortium member).
• No directors, shareholders, or employees may be persons in the service of the State; restricted suppliers are disqualified.
• Legal practitioners must hold a current admission certificate and a good‑standing certificate from the Legal Practice Council (not older than 3 months).
• Submit a SANAS B‑BBEE verification or CIPC‑issued B‑BBEE certificate (or sworn affidavit for EME/QSE) as per SBD 6.1.
• Minimum technical score of 70 points.
• Foreign firms must comply with all local laws and regulations.
• All required documents (tax, CSD, B‑BBEE, attorney certificates, etc.) must be submitted with the bid; failure may render the bid non‑responsive.

• Submit a SANAS B‑BBEE verification certificate or a CIPC‑issued B‑BBEE certificate.
• For Exempt Micro Enterprises (EME) and Qualifying Small Enterprises (QSE), a sworn affidavit signed by the representative and attested by a commissioner of oaths is acceptable.
• Points are allocated based on ownership percentages (e.g., 100 % women‑owned = 4 points, 51‑99 % women‑owned = 3 points, etc.) as detailed in SBD 6.1.

• No bidder may contact the Department about the bid after submission until the contract is awarded.
• The Department may terminate the contract for non‑compliance with health, safety, or performance standards as set out in the GCC and any special conditions.
• The service provider must comply with all applicable occupational health and safety legislation and submit any required safety plans as part of the bid.

• The successful bidder must sign and return the written contract form (SBD 7) after award.
• The Department may vary the quantity of services at award without changing unit prices.
• The Department reserves the right to accept or reject any or all bids, request clarifications, extend the deadline, or cancel the process at any stage.
• The Department may terminate the contract for cause or for reasons not attributable to the service provider, with payment limited to the portion of work completed up to the contract price for that phase.
• General Conditions of Contract (GCC) apply; the Department’s obligations include providing data, ensuring security, and appointing a Project Leader (Chief Director: Employee Relations & Director: Labour Relations).
• The service provider must act as an independent contractor, maintain confidentiality (POPIA, PAIA), and sign a non‑disclosure agreement that survives contract expiry.
• Intellectual property rights in all reports and deliverables vest in the Department.
• The service provider must not recruit DHA employees for the duration of the contract.
• All service providers will undergo vetting, including security clearance and verification of professional memberships.

• The Department may call for presentations from short‑listed bidders and may terminate or defer the appointment at any stage.
• Only a single legal entity may be contracted; any joint‑venture or consortium must be represented by one lead partner.
• Fronting arrangements are prohibited and will result in immediate disqualification.
• All South African consortium members must provide original tax clearance certificates.
• Required consortium documentation: joint‑venture/trust agreement, tax clearance certificates, CSD reports, consolidated B‑BBEE certificate, and completed SBD 1, 3, 4, 6 forms.

• Entity must be a South African resident or have a permanent establishment, branch, or source of income in RSA. If none of these apply, a SARS Tax Compliance Status (TCS) PIN is not required.
• Provide proof of residency, branch, or income source as applicable.
• All bidders must comply with the tax compliance requirements outlined in Section 2 of the tender.

• Technical evaluation (100 points) – minimum 70 points required.

• Experience references (up to 50 points).
• Project leader case experience (up to 50 points).

• Financial evaluation – price scored on a 90/10 basis (lower price = higher score).
• Specific goals – B‑BBEE points (10 points total).
• Clarifications may be requested in writing; arithmetic errors will be corrected as per the rules.
• Bids failing to meet mandatory or functional requirements are disqualified.