Once-off legal, governance & risk advisory services for samrc foundation establishment

Closing date: 24 June 2026 at 11:00. Virtual non-compulsory briefing session: 18 June 2026 at 11:00. Email [email protected] to request the MS Teams link for attendance.

Primary contact: Supply Chain Management (SCM). Email: [email protected]. Use this email for additional information, clarification requests, or to obtain the MS Teams link for the briefing session.

Submit the following for eligibility and evaluation: Mandatory for eligibility: 1) Valid tax clearance certificate or PIN, 2) Central Supplier Database (CSD) registration, 3) Company registration documents (CIPC), 4) BBBEE status certificate. Scored requirements: 5) Proposal with clear approach, work plan, and timelines addressing the scope of work, 6) CVs of lead consultant(s) and team, 7) Portfolio of at least 5 contactable references with similar scope (include full contact details, nature of service, start/end dates), 8) Price quotation valid for 30 days, including a completed pricing schedule (list all resources, hourly rates, estimated hours, and total for the scope). Work must be completed within 1 month. All fees and expenses must be clearly outlined. Submissions are evaluated on price (alignment with RFQ budget and cost-effectiveness) and BBBEE level. Non-compliance with mandatory requirements will disqualify the bid.

Required deliverables: Independent verification report for submission to the Minister of Health, addressing all conditions precedent (with a roadmap if not yet met). All supporting documentation, including copies of reviewed documents, draft agreements, and frameworks.

Evaluation comprises two stages: Functionality (75% weight) and Price/BBBEE (25% weight). Functionality criteria: company profile, core business, team CVs (expertise, experience, track record, professional registrations), methodology/work plan, and references. Price accounts for 80 points, BBBEE for 20 points. Rating scale: Unacceptable (0%), Poor (20%), Average (40%), Satisfactory (60%), Good (80%), Excellent (100%). Evaluators may allocate the closest score if guidelines do not explicitly cover the bidder’s submission.

Scope: Provide once-off legal, governance (including financial), and risk advice to SAMRC to fulfill the Minister of Health’s conditions for establishing a fundraising foundation. Key tasks: Conduct a legal assessment to confirm the permissibility of an independent fundraising structure under SAMRC’s enabling legislation (no ultra vires concerns). Provide a formal legal opinion on the legality and appropriateness of the proposed arrangement. Advise on compliance with non-profit governance laws, company law, and public finance/treasury regulations. Develop a governance and risk management framework, including: recommendations on legal structuring (independent non-profit with an independent board and SAMRC representation), drafting or advising on a Memorandum of Agreement (governing institutional relationships, governance structures, fiduciary duties, branding, and engagement conditions), defining dissolution/termination triggers (regulatory non-compliance, financial mismanagement, mandate failure, reputational risk, strategic misalignment) and winding-down procedures. Advise on implications of seed funding, grants, or in-kind support under public finance legislation. Consult treasury authorities for compliant disbursement, oversight, monitoring, and reporting. Strengthen financial governance with independent audits, periodic financial/performance reporting, oversight reporting lines, and controls to safeguard funds and manage fiduciary risk. Ensure alignment with SAMRC’s strategic mandate and national priorities, avoid duplication with existing programs, and balance independence with accountability. Deliverables: Independent verification report for the Minister of Health (addressing all conditions precedent, with a roadmap if not yet met), supporting documentation (copies of reviewed documents, draft agreements/frameworks). Required expertise: South African legislation/regulations (public sector), compliance, corporate governance, and finance. Team must include admitted attorneys (public-sector focus) and CA(SA)/accounting officers or equivalent.

Proposal must include a clear methodology and work plan linked to project activities and resources. Evaluation criteria: relevance to scope, soundness of approach, and feasibility of timelines. Rating guidelines: No experience/poor methodology (0-20%), up to 1-year relevant experience (20-40%), up to 2 years (40-60%), up to 3 years (60-80%), 4-5 years (80-100%), greater than 6 years (100%).

Bidder must demonstrate access to expertise and a track record in: South African legislation and regulations (including public sector), compliance, corporate governance, and finance. Required team qualifications: Legal: admitted attorneys with public-sector focus. Financial: CA(SA)/accounting officers or equivalent. Professional registrations with bodies such as the Legal Practice Council or SAICA are advantageous. Relevant experience in work with national public research institutions and private NPCs is an added advantage.

Complete the pricing schedule as follows: Professional Fees by Deliverable: description, estimated time, total cost (ex-VAT). Resource-Based Pricing: list all resources (e.g., Lead Legal Advisor, Corporate Governance Expert, Financial Governance Officer, Risk Management Specialist, Public Finance Specialist, Project Manager, Administrative Support) with qualification/registration, hourly rate (ex-VAT), estimated hours, and total cost (ex-VAT). Disbursements: travel and accommodation (if applicable), other disbursements (specify with unit cost in ZAR, quantity, total cost in ZAR). Pricing Summary: subtotal project fees, subtotal resource-based pricing, subtotal disbursements, VAT (15%), total quotation amount (including VAT).

Pricing must be valid for 30 days. Complete the pricing schedule with: Professional fees by deliverable (description, estimated time, total cost ex-VAT). Resource-based pricing: list all resources (e.g., Lead Legal Advisor, Corporate Governance Expert, Financial Governance Officer, Risk Management Specialist, Public Finance Specialist, Project Manager, Administrative Support) with qualifications/registrations, hourly rates (ex-VAT), estimated hours, and total cost (ex-VAT). Disbursements: travel/accommodation (if applicable), other disbursements (specify with unit cost, quantity, total cost in ZAR). Pricing summary: subtotal project fees, subtotal resource-based pricing, subtotal disbursements, VAT (15%), total quotation amount (including VAT). All fees and expenses must be clearly outlined. Work must be completed within 1 month.

Mandatory for eligibility: 1) Valid tax clearance certificate or PIN, 2) Central Supplier Database (CSD) registration, 3) Company registration documents (CIPC), 4) BBBEE status certificate. Required expertise: Team must include admitted attorneys (public-sector focus) and CA(SA)/accounting officers or equivalent. Professional registrations (e.g., Legal Practice Council, SAICA) are advantageous. Non-compliance with mandatory requirements will disqualify the bid.

Legal structuring of the entity as an independent non-profit body governed by an independent board, with SAMRC representation as per approval. A Memorandum of Agreement or similar governance instrument must regulate: institutional relationships, governance structures, fiduciary duties, branding arrangements, and conditions of engagement. Dissolution/termination provisions must include triggers such as regulatory non-compliance, financial mismanagement, mandate failure, reputational risk, or strategic misalignment. Procedures for accountable winding down of operations and treatment of donor funds must be defined. Advice is required on mitigating risks from dual/parallel funding streams (e.g., distortions, inequities, internal tensions from differential funding conditions).

Mandatory requirements for eligibility: valid tax clearance or PIN, CSD registration, company registration documents, BBBEE status. Additional scored requirements: proposal with clear approach, work plan, timelines, team CVs, and 5 contactable references with similar scope. Price quotation valid for 30 days, including detailed pricing schedule. Work must be completed within 1 month.

Functionality (75% weight): Evaluated on company profile, core business, team CVs (expertise, experience, track record, professional registrations), methodology/work plan, and references. Price (80 points) and BBBEE (20 points) account for the remaining 25%. Rating scale: Unacceptable (0%), Poor (20%), Average (40%), Satisfactory (60%), Good (80%), Excellent (100%). Evaluators may allocate the closest score if guidelines do not cover the bidder’s submission.