Panel appointment: legal services for phokwane local municipality (36 months, as-needed)

TENDER NO: PLM/TPANEL-LEG/3105 - 2026 – Appointment of a panel for provision of legal services for a period of 36 months on an as‑and‑when‑required basis. Closing date: 16 July 2026 at 12:00 pm.

• Closing date & time: 16 July 2026, 12:00 pm.
• Bid documents available for download: free from the e‑Tender portal (https://www.etenders.gov.za/) and the municipality website (www.phokwane.gov.za) from 2 June 2026.
• No briefing session is scheduled.
• Validity of bids: 90 days from the closing date.

• Technical / Specification enquiries: Ms M. Taaibos, HR Manager – Tel 053 474 9700 – Email [email protected].
• Supply‑chain / Procurement enquiries: Mrs M. Viljoen – Tel 053 474 9700 – Email [email protected].
• Submission address: Tender box, ground floor, Phokwane Local Municipality, 24 Hertzog Street, Hartswater, 8570.

• Submit ONE sealed envelope marked with the Bid Name, Bid Number and Bid Description.
• Deliver the envelope to the tender box on the ground floor, 24 Hertzog Street, Hartswater, by 12:00 pm on 16 July 2026.
• Mandatory (Section A) documents – any missing item results in immediate disqualification:

1. Signed Form of Offer and Acceptance

2. Completed Pricing Schedule (black, non‑erasable ink)

3. MBD 1 – Invitation to Bid

4. MBD 4 – Declaration of Interest

5. MBD 6.1 – Preference Point Claim Form (PPR 2022)

6. MBD 8 – Declaration of Past SCM Practices

7. MBD 9 – Certificate of Independent Bid Determination

8. Schedule 1A – Authority of Signatory (company resolution / POA)

9. Schedule 1B – Compulsory Enterprise Questionnaire

10. Proof of registration with the Legal Practice Council (LPC)

11. Active registration on the Central Supplier Database (CSD) with MAAA number

12. Valid SARS Tax Compliance Status (TCS) PIN (electronic verification)

13. Municipal Rates & Taxes account (or lease/tribal‑authority letter) not in arrears >3 months

14. Every page of the bid document initialed by the authorised signatory

15. Legal Practice Council certificate

16. Signed JV agreement (if consortium/joint venture)

• Section B documents are required for functionality scoring and/or preference points (e.g., appointment letters, reference letters, CVs).
• Section C documents may be requested after closing; non‑submission does not disqualify but may affect award.
• No faxed, emailed or late submissions will be accepted.
• Enquiries – technical: Ms M. Taaibos, 053 474 9700, [email protected]; supply‑chain: Mrs M. Viljoen, 053 474 9700, [email protected].
• Bids remain valid for 90 days.

Completed tender documents sealed in an envelope marked with the Bid Name, Bid Number and Bid Description must be deposited into the tender box on the ground floor of Phokwane Local Municipality, 24 Hertzog Street, Hartswater, 8570, no later than 12:00 pm on 16 July 2026.

1. Functionality scoring (Stage 1) – total 100 points; minimum 70 points required to be responsive.

• Company experience (20 pts):
• Appointment letters – 10 pts (10 or more = 10 pts; 6‑9 = 5 pts; 3‑5 = 3 pts; 0‑2 = 0 pts).
• Reference letters – 10 pts (same weighting).
• Key personnel (80 pts):
• Lead Attorney (40 pts): 10 years+ = 40 pts; 6‑9 years = 30 pts; 3‑5 years = 15 pts; <2 years = 0 pts.
• Professional Assistant/Associate (30 pts): 10 years+ = 30 pts; 6‑9 years = 15 pts; 3‑5 years = 10 pts; <2 years = 0 pts.
• Candidate Attorneys (10 pts): 4+ = 10 pts; 2‑3 = 5 pts; 1 = 3 pts; none = 0 pts.

2. Price & Preference scoring (Stage 2) – 80 pts allocated to price, 20 pts to preference goals (80/20 system).

• Preference Goal A (10 pts): contracting with historically disadvantaged persons (race, gender, disability).
• Preference Goal B (10 pts): local labour or enterprises located in the municipal area.

3. Evaluation framework – bids evaluated under the Preferential Procurement Policy Framework Act (PPPFA) and the municipality’s SCM policy.

4. Award discretion – the municipality may accept any compliant bid; it is not obliged to accept the lowest price.

5. Disqualification triggers – failure to submit all Section A documents, late or incorrectly submitted bids, false declarations, or scoring below 70 points in functionality.

1. Scope – Appointment of a panel of qualified attorneys for a 36‑month period, on an as‑and‑when‑required basis, subject to a service‑level agreement.

2. Core services – Contracts Management; Litigations & Claims; Corporate & Council Legal Compliance; Municipal Courts; Municipal Entities Governance; Specialized Commercial Legal Services; By‑Law Compilation.

3. Specialist areas – Must be able to advise in the 20 listed fields: Administrative, Commercial, Company, Constitutional, Eviction (PIE/ESTA), Energy, Environmental, Housing & Land Tenure, Conveyancing, ICT, Labour & Employment (including arbitrations), Civil Litigation (all courts), Local Government, MFMA, Property, Security & Policing, Transportation, Tax & Trusts, Construction, Public Procurement.

4. Conflict of interest – Practitioners must not accept instructions adverse to the municipality and must disclose any potential conflicts.

5. Senior counsel – Municipality may appoint senior counsel for complex matters; alternative dispute resolution must be considered first.

6. Case management – Resolve matters promptly, avoid dormancy, claim costs from unsuccessful parties, and deposit recovered funds into the municipal account.

7. Fee structure – Itemised invoices; compliance with MFMA cost‑containment regulations; payment within 30 days of invoice receipt.

8. Reporting – Written progress report within 3 days of any event; monthly updates on contingent assets/liabilities to the Manager: Legal and Valuation Services.

9. Performance standards – Observe all applicable legislation; obtain written instructions before acting; explore settlement options and obtain written approval for any settlement.

10. Availability – Legal practitioners must be readily available to provide services as required.

11. Ethics & professionalism – Adhere to the Legal Practice Act, maintain confidentiality (POPIA), act in the municipality’s best interests, and avoid conflicts of interest.

12. Technology & facilities – Access to legislation databases, deeds search, Register of Deeds, and CIPC/Intellectual Property resources.

13. Correspondent attorneys – May be used for efficient case handling; municipality may recommend correspondents.

14. Transitional matters – Return all files three months before contract end (unless litigation ongoing); submit annual Fidelity Fund Certificate (by 1 June) and Letter of Good Standing (by 1 April).

15. Work allocation – “As‑and‑when‑required” on a rotational basis; appointment does not guarantee work; municipality may re‑allocate work at its discretion.

16. Contingency agreement – May be concluded as required by legislation.

17. Pro‑bono service – Firm may provide free legal services as part of CSR.

1. Company experience – Provide appointment letters from government/public institutions and reference letters demonstrating prior legal services for local government; scoring follows the functionality criteria.

2. Key personnel – Submit detailed CVs with certified copies of:

• Admission as attorney of the High Court
• Fidelity Fund Certificate
• Valid Certificate of Good Standing (Legal Practice Council)
• Academic and professional qualifications.

3. B‑BBEE – Submit verification certificate or sworn affidavit to claim preference points (optional for compliance).

4. Pre‑award verification documents – Certified ID copies of directors/partners (≤3 months old), CIPC registration, Letter of Good Standing from COIDA, and bank‑stamped confirmation of banking details.

5. Declaration – Sign the bidder declaration confirming all required documents are attached.

• Attendance rates – Attorneys and candidate attorneys billed per hour; preparation for consultation/trial billed per hour or per 15‑minute block as indicated.
• Counsel employed – Billing per 15 minutes for preparation; court attendance billed per hour.
• Counsel not employed – Same hourly rates for preparation and trial activities.
• Record‑keeping – All work must be recorded, itemised and supported by appropriate documentation; rates are reviewed annually in line with Legal Practice Council guidelines.

• Maximum fees – As per the Municipal Courts tariff schedule (Magistrates, High and Superior Courts). No travel allowance or additional remuneration will be paid.
• Rate examples – Taking instruction to sue/defend, attendance, perusal of documents, opinions, notices, pleadings, affidavits, subpoenas, trial preparation, court attendance and post‑trial work are billed per hour or per page as specified.
• VAT – Indicate VAT registration status; provide VAT number if applicable.
• Invoice requirements – Itemised invoices supported by time‑sheets and work records; payment within 30 days of receipt.
• Price submission – Only firm (fixed) prices accepted; non‑firm prices will be rejected.
• Review – Municipality may review invoices and refer disputed amounts to the Legal Practice Council.

1. Pricing schedule – Only firm (fixed) prices are accepted; non‑firm prices will be rejected. All delivery costs must be included.

2. Fee structure – Fees are based on the Municipal Courts tariff (Magistrates, High and Superior Courts) and include taking instruction to sue/defend, attendance, perusal of documents, opinions, notices, pleadings, affidavits, subpoenas, trial preparation, court attendance and post‑trial work. Rates are quoted per hour or per page as indicated.

3. Invoice requirements – Itemised invoices with detailed supporting documentation (time‑sheets, work records). Invoices submitted after the financial year end will only be honoured with a valid justification.

4. VAT – Indicate whether the bidder is a registered VAT vendor and provide the VAT number if applicable.

5. Payment terms – Municipality will pay approved invoices within 30 days of receipt, subject to verification of fees and compliance with the fee structure.

6. Dispute resolution – Municipality may review any invoice and refer disputed amounts to the Legal Practice Council.

7. No travel allowance – No travel allowance or additional remuneration will be paid for matters within municipal jurisdiction.

1. Tax compliance – Valid SARS Tax Compliance Status (TCS) PIN is mandatory; will be verified electronically. Each consortium/joint‑venture member must provide its own PIN.

2. Central Supplier Database – Active registration on the CSD with a valid MAAA number is mandatory.

3. Legal Practice Council – Proof of registration and a current LPC certificate are required.

4. Municipal Rates & Taxes – Provide a rates & taxes account statement (not older than 3 months) or a lease/tribal‑authority letter confirming rates are paid and not in arrears >3 months at award.

5. B‑BBEE – Submit a B‑BBEE status level verification certificate or sworn affidavit to claim preference points; non‑submission does not disqualify but yields zero B‑BBEE points.

6. Mandatory documents – Form of Offer, Pricing Schedule, MBD 1, MBD 4, MBD 6.1, MBD 8, MBD 9, Schedule 1A, Schedule 1B, LPC registration, CSD registration, TCS PIN, rates & taxes statement, page initials, LPC certificate, JV agreement (if applicable).

7. Declarations – All pages must be initialed by the authorised signatory; false statements will result in disqualification.

8. Other compliance – Adherence to POPIA, MFMA cost‑containment regulations, and municipal policies on ethics and conflict of interest.

Submit a B‑BBEE status level verification certificate or sworn affidavit to claim preference points. Non‑submission does not disqualify but results in zero B‑BBEE points.

• Professional conduct – All legal work must comply with applicable legislation, MFMA cost‑containment regulations and municipal policies.
• Fee control – Invoices must be itemised; unreasonable or inflated fees may lead to invoice rejection and contract cancellation.
• Disciplinary hearings – Firm must finalise disciplinary and appeal hearings within one month of commencement; any delay must be justified in writing.
• Travel & allowances – No travel allowance or additional remuneration is payable for matters within municipal jurisdiction.
• Court appearances – Directors or senior associates may not appear in Magistrate Court without written permission from the Municipal Manager.

• Legal expertise required – Panel must include practitioners competent in Environmental Law as well as the other 19 listed areas (Administrative, Commercial, Company, Constitutional, Eviction, Energy, Housing & Land Tenure, Conveyancing, ICT, Labour & Employment, Civil Litigation, Local Government, MFMA, Property, Security & Policing, Transportation, Tax & Trusts, Construction, Public Procurement).

• Mandatory documents – Form of Offer, Pricing Schedule, MBD 1, MBD 4, MBD 6.1, MBD 8, MBD 9, Schedule 1A, Schedule 1B, LPC registration, CSD registration, TCS PIN, municipal rates & taxes statement, page initials, LPC certificate, JV agreement (if consortium).
• Service‑level agreement – Panel appointment is subject to a written SLA defining scope, deliverables, performance standards, reporting, and termination rights.
• Duration – 36 months, with possibility of early termination for non‑performance, breach of ethics, or failure to meet cost‑containment requirements.
• Work allocation – “As‑and‑when‑required” on a rotational basis; municipality may re‑allocate work at its discretion.
• Fees & invoicing – Itemised invoices based on municipal court tariff schedule; payment within 30 days of receipt; no travel allowance or additional remuneration.
• Audit & verification – Municipality may request supporting documents (time‑sheets, cost breakdowns) before payment.
• Termination – Immediate termination for material breach, conflict of interest, or repeated failure to meet functionality scores.
• Penalties – Over‑inflated fees or non‑compliance with invoicing may lead to invoice rejection and possible contract cancellation.
• Contingency agreement – May be entered into as required by legislation.
• Pro‑bono clause – Firm may provide free legal services as part of CSR, subject to municipal approval.

Tenders remain valid for 90 days. Faxed, emailed or late submissions will not be accepted. The municipality does not bind itself to accept the lowest or any tender and reserves the right to appoint or not to appoint the lowest bidder if the bid is below market‑related rates. The tender is drawn up in line with the municipality’s Supply Chain Management Policy.

1. Functionality scoring (Stage 1) – total 100 points; minimum 70 points required.

• Company experience (20 pts): appointment letters (10 pts) and reference letters (10 pts) with weighting 10 or more = full points, 6‑9 = half, 3‑5 = partial, 0‑2 = none.
• Key personnel (80 pts): Lead Attorney (40 pts), Professional Assistant/Associate (30 pts), Candidate Attorneys (10 pts) with experience thresholds as detailed in the tender.

2. Price & Preference (Stage 2) – 80 pts for price, 20 pts for preference goals (80/20 system):

• Goal A (10 pts) – contracting with historically disadvantaged persons.
• Goal B (10 pts) – local labour or enterprises in the municipal area.

3. Evaluation framework – bids assessed under PPPFA and municipality’s SCM policy; tenders valid for 90 days.

4. Award discretion – municipality may accept any compliant bid; not obliged to accept the lowest price.