Appointment of a panel of legal service providers for eastern cape cet college (3-Year contract)

• Bidding procedure enquiries:\n - Contact: Mr. M. Machaya\n - Department: Finance Department\n - Telephone: 043 753 0060\n - Email: [email protected]\n• Technical information enquiries:\n - Contact: Mr. P. Tali\n - Department: Finance Department\n - Telephone: 043 753 0060\n - Email: [email protected]\n• Bid document collection: Available from the SCM unit and the college website: https://ec.cetc.edu.za/tenders/\n• Physical submission address:\n - Eastern Cape CET College, Border Training Centre (BTC), 10 Mfaxa Road, Nu1 Mdantsane, East London, 5219.

Submit your bid as follows: \n- Place all documents in a sealed envelope marked: 'APPOINTMENT OF A PANEL OF SERVICE PROVIDERS FOR THE PROVISION OF LEGAL SERVICES FOR EC CET COLLEGE FOR A PERIOD OF 36 MONTHS (3 YEARS), (BID NUMBER: EC CETC/HO/01/05/2026)'.\n- Deposit the envelope in the bid box at: Eastern Cape CET College, Border Training Centre (BTC), 10 Mfaxa Road, Nu1 Mdantsane, East London, 5219.\n- The bid box is accessible Monday to Friday, 08h00 to 16h30, excluding public holidays.\n- Closing date and time: 22 June 2026 at 11h00. Late submissions will be rejected.\n\nBid preparation requirements:\n- Use only the official bid forms provided; do not retype them.\n- Complete all forms in non-erasable ink. Pencil or correction fluid will disqualify your bid.\n- Ensure all mandatory documents are included, signed, and legible. Incomplete or unsigned bids will be rejected.\n- Bids must remain valid for 90 days from the closing date.\n- Only physical submissions are accepted; fax or email submissions will not be considered.\n\nMandatory documents (failure to submit any will disqualify your bid):\n- Original valid Tax Clearance Certificate from SARS (certified copies are not accepted).\n- Copy of business registration certificate (e.g., CIPC CK document).\n- Certified ID copies of all company directors (not older than 3 months).\n- Company profile with completed similar projects and contactable references.\n- Proof of registration with the Legal Practice Council (LPC).\n- Proof of fidelity fund insurance for the law firm and individual directors.\n- Municipal rates account (not older than 3 months) or lease agreement/ward councillor letter for rural bidders.\n- Full Central Supplier Database (CSD) report.\n- Detailed pricing schedule (SBD 3.1).\n- Ensure the bid sum in words on SBD 1 matches the total on SBD 3.1; discrepancies will invalidate your bid.

Evaluation process:\n- Two-stage evaluation: Functionality (Stage 1) and Price + Preference Points (Stage 2).\n- Minimum 70% score in Functionality (Stage 1) is required to qualify for Price Evaluation (Stage 2).\n\nFunctionality criteria (100 points total):\n- Experience (40 points):\n - More than 4 reference letters of similar projects = 40 points.\n - 3 reference letters = 30 points.\n - 2 reference letters = 20 points.\n - 1 reference letter = 10 points.\n- Qualification and experience of a director (40 points):\n - LLB Degree or B.Proc = 20 points.\n - More than 10 years’ post-admission experience = 20 points.\n - 6-10 years’ experience = 15 points.\n - 1-5 years’ experience = 5 points.\n- Locality (20 points):\n - Based in Buffalo City Metropolitan Municipality = 20 points.\n - Outside Buffalo City but within Eastern Cape = 10 points.\n\nPrice and Preference Points (Stage 2):\n- Price points: 80 (calculated using the 80/20 Preferential Procurement Regulations formula).\n- Specific goals points: 20 (awarded for B-BBEE compliance).\n\nSpecific goals breakdown (20 points total):\n- Black ownership (3 points): EME/QSE with at least 51% black ownership. Requires CIPC and CSD reports with matching shareholding details.\n- Women ownership (5 points): EME/QSE with at least 51% women ownership. Requires CIPC and CSD reports with matching shareholding details.\n- Youth ownership (5 points): EME/QSE with at least 51% youth ownership (up to 35 years). Requires CIPC and CSD reports with matching shareholding details.\n- Disability (5 points): EME/QSE with at least 51% ownership by people with disabilities. Requires CIPC, CSD reports, medical certificate, or SASSA confirmation.\n- Locality (2 points): Located in Eastern Cape. Requires municipal rates account, lease agreement, or ward councillor letter.\n\nAdjudication:\n- The bidder with the highest total points (Price + Specific Goals) wins.\n- In case of a tie, the bid with the highest Specific Goals points wins.\n- If still tied, the bid with the highest Functionality score wins.\n- If all else is equal, the winner will be decided by a draw.

Objective:\n- Appointment of a panel of three (3) legal service providers for a 36-month period to deliver comprehensive legal services to Eastern Cape CET College.\n\nScope of work:\n- Provide expert legal advice, drafting, representation, and guidance on a wide range of matters as needed.\n- Services must be delivered timeously and professionally in line with public law standards.\n\nKey service areas:\n- Contracts and Commercial Matters:\n - Review contracts, MOUs, and service level agreements.\n - Advise on contractual risks, breaches, and dispute resolution.\n - Assist in negotiations and ensure legal/regulatory compliance in procurement.\n- Litigation and Dispute Resolution:\n - Represent the College in civil, labour, or administrative matters in court or before statutory bodies.\n - Prepare and file legal documents (pleadings, affidavits, arguments).\n - Advise on litigation viability or alternative dispute resolution.\n - Brief counsel (with prior approval) for specialist advocacy.\n - Attend court, arbitration, mediation, or tribunal hearings.\n- Labour Law and Employee Relations:\n - Advise on employment contracts, dismissals, grievances, and disciplinary actions.\n - Represent the College at the CCMA, Labour Court, Labour Appeal Court, and Constitutional Court.\n - Draft or review employment equity plans and ensure labour law compliance.\n- Governance, Oversight, and Compliance:\n - Clarify roles and powers of council structures and officials.\n - Provide legal input on Council and committee decisions.\n- Additional Legal Services:\n - Advise on public-private partnerships, grants, and intergovernmental agreements.\n - Provide other reasonable legal services as required.\n\nDeliverables:\n- Formal legal opinions and advisory memoranda.\n- Reviewed and signed contracts, agreements, or legal documents.\n- Drafts of pleadings, notices, or court/tribunal documents.\n- Monthly progress or activity reports (where applicable).\n- Proof of filing or submissions to courts, tribunals, or regulatory authorities.\n\nWork allocation:\n- Allocation is based on the discipline of legal services required and firm availability.\n- Panel appointment does not guarantee work; the College reserves the right to appoint external lawyers if needed.\n- Work is allocated rotationally or based on specific needs.\n- Each instruction will be accompanied by an instruction letter and purchase order.\n- A written declaration of interest/conflict must be submitted for each instruction.\n\nMonitoring and reporting:\n- Submit monthly written reports to the Deputy Principal: Corporate Services.\n- Reports must include correspondence with defending parties as it becomes available.\n- Instructions are issued based on available budget.\n- Payment terms: 30 days from receipt of a valid invoice aligned with satisfactory performance.\n- Performance is reviewed annually; poor performance may lead to contract termination.\n\nService provider requirements:\n- Must be duly registered, accredited, and possess professional standing.\n- Must have access to relevant legal research databases.\n- Must demonstrate experience via reference letters from similar projects in the last 5 years.\n- A director must have an LLB or B.Proc degree and post-admission experience as an Attorney.

Pricing and payment:\n- Submit a detailed pricing schedule on your company letterhead using the official SBD 3.1 form.\n- Only firm prices are accepted; non-firm prices (e.g., subject to exchange rate variations) will be disqualified.\n- Pricing must be inclusive of all costs (delivery, labour, disbursements) and VAT at 15%.\n- Ensure the total bid price in words on SBD 1 matches the total on SBD 3.1; discrepancies will disqualify your bid.\n- Pricing must align with the latest tariffs approved by the Department of Justice.\n- Escalation will apply from the beginning of each contract year.\n- Litigation costs will be charged at 'Attorney and Client' rates.\n- All fees must comply with the Department of Justice’s Constitutional Development and Legal Practice Rules and must not exceed the maximum hourly rate in the Department of Justice tariffs.\n- The College will negotiate final contract rates with preferred bidders prior to award.\n\nPricing schedule details (SBD 3.1):\n- Specify rates for: Director, Associate, Candidate Attorney, Consultation, Perusal of Documents, Contract Vetting, Drafting of Letters, General Advice, Legal Opinion, Conveyancing, Court Attendances (Civil and Labour), Drafting of Legal Documents, By-Law Drafting/Vetting, Copies, Telephone, and Emails.\n- Subtotal, VAT @15%, and Total Inclusive of VAT must be clearly stated.

Mandatory compliance documents:\n- Original, valid Tax Clearance Certificate from SARS (certified copies are not accepted). Apply via SARS branch or eFiling.\n- Tax compliance status documents with PIN from SARS.\n- Full Central Supplier Database (CSD) report.\n- Copy of business registration certificate (e.g., CIPC CK document).\n- Certified ID copies of all company directors (not older than 3 months).\n- Proof of registration with the Legal Practice Council (LPC).\n- Proof of fidelity fund insurance for the law firm and individual directors.\n- Municipal rates account (not older than 3 months) or, for rural bidders, a lease agreement or letter from a ward councillor confirming address.\n- Company profile with details of completed similar projects and contactable references.\n- Completed and signed Declaration of Interest (SBD 4).\n\nB-BBEE and preference points:\n- To claim preference points, submit:\n - CIPC registration documents.\n - CSD report clearly indicating shareholding percentages for black, women, youth, and disability ownership. The ownership status on both documents must correspond.\n - For disability points: medical certificate or SASSA registration/confirmation from a relevant authority.\n - For locality points (Eastern Cape): municipal rates account, lease agreement, or ward councillor letter.\n\nGeneral compliance:\n- Bidders must not be persons in the service of the state.\n- The bid is subject to the Preferential Procurement Policy Framework Act (PPPFA) and the 2022 Regulations.\n- Consortia/Joint Ventures/Sub-contractors: Each party must submit a separate Tax Clearance Certificate.\n- Bids must be completed in full; errors or omissions may lead to disqualification.