Legal services – commercial law provider (3‑year contract)

• Project Manager: Zandile Mtebele

– Email: [email protected]

– Tel: (043) 702 8200

– Fax: (043) 702 8251

• Submission portal: https://tenderportal.elidz.co.za
• Physical address for any hard‑copy delivery (if required): ELIDZ Head Office, Lower Chester Road, Sunnyridge, East London, PO Box 5458, GREENFIELDS, EAST LONDON 5208.

• Submit two separate envelopes: Envelope A – Technical Proposal (all supporting documents) and Envelope B – Financial Proposal (price schedule).
• All documents must be uploaded online via https://tenderportal.elidz.co.za before 12:00 on 6 April 2026.
• Late, emailed, faxed or telephonic submissions will be rejected.
• Envelope A must NOT contain any price information; inclusion of price in Envelope A results in disqualification.
• Envelope B must include a signed “Form of Offer”; an unsigned financial proposal results in disqualification.
• All tenders must be signed by an authorised signatory and a copy of the board resolution (for companies) must be attached.
• Required returnable documents (Envelope A): original cancelled cheque or bank‑stamped letter, company profile, valid B‑BBEE certificate or sworn affidavit (per turnover), proof of office location, three reference letters (Annexure 2), completed track record (Annexure 3), project team organogram and CVs, CSD registration certificate, JV participation documents (if applicable), Fidelity Fund certificates of all directors, letter of good standing from the Legal Practice Council, proof of professional indemnity insurance (minimum R5 million cover), and original cancelled cheque for trust account.
• Required compulsory documents: completed and signed ELIDZ Procurement Handbook (including tax clearance), CSD registration certificate.
• Failure to provide any of the above may lead to disqualification.

• Functional Evaluation Matrix (total 100 points):

• Years firm has existed (30 points): >5 years = 30, 2‑5 years = 20, <2 years = 5.
• References (30 points): up to 10 points per reference letter (minimum 3 letters, highest three scores used).
• Track record – Commercial Law (40 points): 10+ relevant projects = 40, 6‑9 = 30, 3‑5 = 20.
• Minimum score to progress to next phase: 70 points.

• Price evaluation: 80 % of total points based on price competitiveness (price points calculated using the formula provided, capped at 80). Specific goals (BBBEE, localisation, SMME, youth, women, disability, Eastern Cape) contribute up to 20 points.
• Preference points are awarded according to the specific goal table (e.g., 7 points for ≥51 % Black ownership, 8 points for Eastern Cape‑based supplier, etc.).
• Failure to submit a valid B‑BBEE certificate/affidavit may result in zero preference points.
• The highest total score (price + specific goals) determines the award, subject to compliance with all conditions.

Scope of Services:

• Provide commercial law advice and representation on‑demand, including insolvency, liquidation, business rescue, contract drafting/negotiation, litigation, dispute resolution and general advisory services.
• Services to be delivered at ELIDZ offices (Lower Chester Road, Sunnyridge, East London) or any other location directed by ELIDZ.
• Monthly management report due by the 25th of each month; ad‑hoc reports as required.

Deliverables (on‑demand): legal opinions, advice, reviews, contract drafting/review/negotiation, dispute resolution, litigation representation.

Team Requirements:

• Firm must be an established attorney practice with qualified lawyers experienced in commercial law.
• Provide organogram and CVs of all team members; key persons to be identified.
• Substitution of key resources only with ELIDZ approval.

Exclusions:

• Any commercial law services not listed in the scope, and services already contracted elsewhere.

Compliance with on‑demand performance is a material breach if not met.

• Price schedule to be submitted in Envelope B (financial proposal) – price must be firm for 120 days after closing date and expressed in South African Rand, VAT inclusive.
• Payment milestones: monthly over the three‑year contract as per Service Level Agreement.
• Payment terms: invoices payable within 30 days of receipt; invoices must be original, VAT‑compliant and include all required details.
• Late invoice or non‑compliant invoice will be returned for correction; payment may be delayed.
• No price information may appear in Envelope A; inclusion leads to disqualification.
• No bonds or guarantees are explicitly required in the extracted text.

• Central Supplier Database (CSD) registration and MAAA number must be provided.
• Valid SARS Tax Clearance Certificate (or PIN code for online verification) required.
• Valid B‑BBEE certificate (accredited) for Generic suppliers; sworn affidavit for EME/QSE as per turnover thresholds. Minimum level 4 for firms with turnover < R10 million; higher levels for Black‑owned entities.
• CIPC registration certificate and certified copies of ID(s) and share certificate required.
• Fidelity Fund certificates for all directors.
• Letter of good standing from the Legal Practice Council.
• Proof of professional indemnity insurance (minimum R5 million cover).
• Proof of office location (lease, municipal statement, etc.).
• JV participation documentation if applicable.
• SHE (Safety, Health & Environment) compliance documentation may be required (risk assessments, PPE list, workmen’s compensation letters, etc.).