Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Documents available on tender detail page
Tender Type
Request for Bid(Open-Tender)
Delivery Location
145 Chief Albert Luthuli Road - Pietermaritzburg - Pietermaritzburg - 3201
Organization Type
GOVERNMENT
Published
22 Jul 2026
OCDS Reference
ocds-9t57fa-163176
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Date & Time
Thursday, 13 August 2026 - 11:00
Venue
Virtual Briefing Session
Important: Attendance at this briefing session is mandatory. Bids from suppliers who do not attend may be disqualified.
Compulsory virtual briefing session the compulsory virtual briefing session will be held as follows: date: 29 july 2026 time: 10:00am bidders need to submit their company names, email addresses and telephone number to [email protected] By NO later than 28 july 2026 to attend the virtual briefing session. The closing date and time for receipt of tenders is 13 august 2026 at 11:00 AM. telegraphic, telephonic, telex, facsimile, e-mail, and late tender proposals will not be accepted. Bids must be deposited in the bid box specified below. Bids deposited in any other bid box and address will not be accepted.
Request for Bid(Open-Tender)
145 Chief Albert Luthuli Road - Pietermaritzburg - Pietermaritzburg - 3201
Tenders in this industry often require registration with these bodies.
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AI Document Analysis Stages
Important Dates
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf (TENDER)22 Jul
2026
Tender Published
Tender was published
13 Aug
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf
To download these documents and access AI-powered analysis, visit the main tender page.
Organization
Kwazulu Natal - Provincial TreasuryContact Person
Nonhlanhla Dhlamini
Phone
+27 33 897 4200
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Median Estimate
R 905 245
Range
Based on 18 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
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{"closingDate":"28 July 2026","closingTime":"11:00 am","briefingSession":"{"date":"29 July 2026","time":"10:00am","venue":"e: 29 July 2026","is_compulsory":true}"}
Contact Information
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf (TENDER){"name":"Ms. T. Makhathini","email":"[email protected]","phone":"033 897 4440","department":"Supply Chain Management","address":"ID), B-BBEE (Broad-Based"}
Evaluation Criteria
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf (TENDER)Pt−Pmin
Ps= 80(1− )
Pmin
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender
3.2 Formulae for disposal or leasing of state assets and income
Generating procurement
3.2.1 Points awarded for price
A maximum of 80 points is allocated for price on the following basis:
Pt−Pmax
Ps= 80(1+ )
Pmax
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender
4.1 In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,
preference points must be awarded for specific goals stated in the tender. For the purposes of
this tender the tenderer will be allocated points based on the goals stated in table 1 below as
may be supported by proof/ documentation stated in the conditions of this tender:
4.2 In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states
that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of
state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10
preference point system will apply and that the highest acceptable tender will be used
to determine the applicable preference point system; or
(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system
will apply and that the lowest acceptable tender will be used to determine the
applicable preference point system,
then the organ of state must indicate the points allocated for specific goals for both the 90/10
and 80/20 preference point system.
Table 1: Specific goals for the tender and points claimed are indicated per the table below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is applicable,
corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each preference point
system.)
Number of points allocated Number of points
The specific goals allocated points in (80/20 system) claimed (80/20 system)
terms of this tender (To be completed by the (To be completed by
organ of state) the tenderer)
Declaration with regard to company/firm
4.3 Name of company/firm...............................................................................
4.4 Company registration number: .....................................................................
4.5 Type of company/ firm
Partnership/Joint Venture / Consortium
One-person business/sole propriety
Close corporation
Public Company
Personal Liability Company
(Pty) Limited
Non-Profit Company
State Owned Company
[Tick applicable box]
4.6 I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the specific goals as advised in the tender, qualifies the company/
firm for the preference(s) shown and I acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as indicated
in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to
the satisfaction of the organ of state that the claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the
conditions of contract have not been fulfilled, the organ of state may, in addition to any
other remedy it may have –
(a) disqualify the person from the tendering process;
(b) recover costs, losses or damages it has incurred or suffered as a result of
that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result
of having to make less favourable arrangements due to such cancellation;
(d) recommend that the tenderer or contractor, its shareholders and directors,
or only the shareholders and directors who acted on a fraudulent basis, be
restricted from obtaining business from any organ of state for a period not
exceeding 10 years, after the audi alteram partem (hear the other side) rule
has been applied; and
(e) forward the matter for criminal prosecution, if deemed necessary.
..............................................
Signature(s) of tenderer(s)
Surname and name: ................................................................
Date: ...............................................................
Address: ...............................................................
...............................................................
...............................................................
...............................................................
Calculation of equity for specific goals
(a) Preference points stipulated in respect of a tender must include preference points for
equity ownership by HDPs.
(b) The equity ownership contemplated in sub-paragraph (a) must be equated to the
percentage of an enterprise or business owned by individuals or, in respect of a
company, the percentage of a company’s shares that are owned by individuals, who
are actively involved in the management of the enterprise or business and exercise
control over the enterprise, commensurate with their degree of ownership at the closing
date of the tender.
(c) In the event that the percentage of ownership contemplated in sub-paragraph (b)
changes after the closing date of the tender, the tenderer must notify the relevant organ
of state and such tenderer will not be eligible for any preference points.
(d) Preference points may not be claimed in respect of individuals who are not actively
involved in the management of an enterprise or business and who do not exercise
control over an enterprise or business commensurate with their degree of ownership.
(e) Subject to sub-paragraphs (a), (b), (c) and (d), all claims made for equity ownership by
an HDP must be considered according to the following criteria:
(i) Equity within private companies must be based on the percentage of equity
ownership;
(ii) Preference points may not be awarded to public companies and tertiary institutions;
(iii) The following formula must be applied to calculate the number of points for equity
ownership by an HDP:
Ep
Nep= nop×
Where:
NEP = Points awarded for equity ownership by an HDP
NOP = The maximum number of points awarded for equity ownership by an
Hdp
EP = The percentage of equity ownership by an HDP within the enterprise
or business, determined in accordance with sub-regulations (a), (b), (c)
and (d).
(f) Equity claims for a Trust may only be allowed in respect of those persons who are both
trustees and beneficiaries and who are actively involved in the management of the
Trust.
(g) Documentation to substantiate the validity of the credentials of the trustees
contemplated in sub-paragraph (f) must be submitted to the relevant organ of state.
(h) A Consortium or Joint Venture may, based on the percentage of the contract value
managed or executed by their HDP members, be entitled to equity ownership in respect
of an HDP.
(i) The number of points scored for a Consortium or Joint Venture must be added to the
number of points scored for achieving specified goals.
(j) The points contemplated in sub- paragraph (i) must be added to the points scored for
price, in order to establish the total number of points scored.
(k) The contract must be awarded to the tender which scores the highest points.
(l) A person awarded a contract as a result of preference for contracting with, or providing
equity ownership to, an HDP, may not subcontract more than 25% of the value of the
contract to a person who is not an HDP or does not qualify for such preference.
Section i
General conditions of contract
The following terms shall be interpreted as indicated:
1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt
of bids.
1.2 “Contract” means the written agreement entered into between the purchaser and the
supplier, as recorded in the contract form signed by the parties, including all attachments
and appendices thereto and all documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the contract for the full and
proper performance of his contractual obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidised by
its government and encouraged to market its products internationally.
1.6 “Country of origin” means the place where the goods were mined, grown or produced or
from which the services are supplied. Goods are produced when, through manufacturing,
processing or substantial and major assembly of components, a commercially recognised
new product results that is substantially different in basic characteristics or in purpose or
utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the
specified store or depot or on the specified site in compliance with the conditions of the
contract or order, the supplier bearing all risks and charges involved until the supplies are
so delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad markets its goods on own initiative in
the RSA at lower prices than that of the country of origin and which have the potential to
harm the local industries in the RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the
supplier’s fault or negligence and not foreseeable. Such events may include, but is not
restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of any bidder and
includes collusive practice among bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive the bidder of the
benefits of free and open competition.
1.14 “GCC” means the General Conditions of Contract.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier
is required to supply to the purchaser under the contract.
1.16 “Imported content” means that portion of the bidding price represented by the cost of
components, parts or materials which have been or are still to be imported (whether by
the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus
freight and other direct importation costs such as landing costs, dock dues, import duty,
sales duty or other similar tax or duty at the South African place of entry as well as
transportation and handling charges to the factory in the Republic where the supplies
covered by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not included in the imported
content provided that local manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using labour, materials,
components and machinery and includes other related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods or works or the
rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in bidding documents.
1.21 “Purchaser” means the organisation purchasing the goods.
1.22 “Republic” means the Republic of South Africa.
1.23 “SCC” means the Special Conditions of Contract.
1.24 “Services” means those functional services ancillary to the supply of the goods, such as
transportation and any other incidental services, such as installation, commissioning,
provision of technical assistance, training, catering, gardening, security, maintenance and
other such obligations of the supplier covered under the contract.
1.25 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical
writing.
2.1 These general conditions are applicable to all bids, contracts and orders including bids for
functional and professional services, sales, hiring, letting and the granting or acquiring of
rights, but excluding immovable property, unless otherwise indicated in the bidding
documents.
2.2 Where applicable, special conditions of contract are also laid down to cover specific
supplies, services or works.
2.3 Where such special conditions of contract are in conflict with these general conditions, the
special conditions shall apply.
3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for
any expense incurred in the preparation and submission of a bid. Where applicable a non-
refundable fee for documents may be charged.
3.2 With certain exceptions, invitations to bid are only published in the Government Tender
Bulletin. The Government Tender Bulletin may be obtained directly from the Government
Printer, Private Bag X85, Pretoria 0001, or accessed electronically from
4.1 The goods supplied shall conform to the standards mentioned in the bidding documents
and specifications.
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract,
or any provision thereof, or any specification, plan, drawing, pattern, sample, or
information furnished by or on behalf of the purchaser in connection therewith, to any
person other than a person employed by the supplier in the performance of the contract.
Disclosure to any such employed person shall be made in confidence and shall extend
only so far as may be necessary for purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any
document or information mentioned in GCC clause 5.1 except for purposes of performing
the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain
the property of the purchaser and shall be returned (all copies) to the purchaser on
completion of the supplier’s performance under the contract if so required by the
purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the
performance of the supplier and to have them audited by auditors appointed by the
purchaser, if so required by the purchaser.
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of
patent, trademark, or industrial design rights arising from use of the goods or any part
thereof by the purchaser.
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder
shall furnish to the purchaser the performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as
compensation for any loss resulting from the supplier’s failure to complete his obligations
under the contract.
7.3 The performance security shall be denominated in the currency of the contract or in a
freely convertible currency acceptable to the purchaser and shall be in one of the following
forms:
7.3.1 a bank guarantee or an irrevocable letter of credit issued by a reputable bank located
in the purchaser’s country or abroad, acceptable to the purchaser, in the form
provided in the bidding documents or another form acceptable to the purchaser; or
7.3.2 a cashier’s or certified cheque
7.4 The performance security will be discharged by the purchaser and returned to the supplier
not later than thirty (30) days following the date of completion of the supplier’s performance
obligations under the contract, including any warranty obligations, unless otherwise
specified in SCC.
8.1 All pre-bidding testing will be for the account of the bidder.
8.2 If it is a bid condition that supplies to be produced or services to be rendered should at
any stage during production or execution or on completion be subject to inspection, the
premises of the bidder or contractor shall be open, at all reasonable hours, for inspection
by a representative of the Department or an organisation acting on behalf of the
Department.
8.3 If there are no inspection requirements indicated in the bidding documents and no mention
is made in the contract, but during the contract period it is decided that inspections shall
be carried out, the purchaser shall itself make the necessary arrangements, including
payment arrangements with the testing authority concerned.
8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies
to be in accordance with the contract requirements, the cost of the inspections, tests and
analyses shall be defrayed by the purchaser.
8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the
contract requirements, irrespective of whether such supplies or services are accepted or
not, the cost in connection with these inspections, tests or analyses shall be defrayed by
the supplier.
8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not
comply with the contract requirements may be rejected.
8.7 Any contract supplies may on or after delivery be inspected, tested or analysed and may
be rejected if found not to comply with the requirements of the contract. Such rejected
supplies shall be held at the cost and risk of the supplier who shall, when called upon,
remove them immediately at his own cost and forthwith substitute them with supplies
which do comply with the requirements of the contract. Failing such removal, the rejected
supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide
the substitute supplies forthwith, the purchaser may, without giving the supplier further
opportunity to substitute the rejected supplies, purchase such supplies as may be
necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel
the contract on account of a breach of the conditions thereof, or to act in terms of Clause
23 of GCC.
9.1 The supplier shall provide such packing of the goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the contract.
The packing shall be sufficient to withstand, without limitation, rough handling during
transit and exposure to extreme temperatures, salt and precipitation during transit, and
open storage. Packing, case size and weights shall take into consideration, where
appropriate, the remoteness of the goods’ final destination and the absence of heavy
handling facilities at all points in transit.
9.2 The packing, marking, and documentation within and outside the packages shall comply
strictly with such special requirements as shall be expressly provided for in the contract,
including additional requirements, if any, specified in SCC, and in any subsequent
instructions ordered by the purchaser.
10 Delivery and documents
10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified
in the contract. The details of shipping and/or other documents to be furnished by the
supplier are specified in SCC.
10.2 Documents to be submitted by the supplier are specified in SCC.
11 Insurance
11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency
against loss or damage incidental to manufacture or acquisition, transportation, storage
and delivery in the manner specified in the SCC.
12 Transportation
12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified
in the SCC.
13 Incidental Services
13.1 The supplier may be required to provide any or all of the following services, including
additional services, if any, specified in SCC:
(a) performance or supervision of on-site assembly and/or commissioning of the
supplied goods;
(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate
unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for
a period of time agreed by the parties, provided that this service shall not relieve the
supplier of any warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in
assembly, start-up, operation, maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price
for the goods, shall be agreed upon in advance by the parties and shall not exceed the
prevailing rates charged to other parties by the supplier for similar services.
14 Spare parts
14.1 As specified in SCC, the supplier may be required to provide any or all of the following
materials, notifications, and information pertaining to spare parts manufactured or
distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided
that this election shall not relieve the supplier of any warranty obligations under the
contract; and
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending termination, in sufficient
time to permit the purchaser to procure needed requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the
blueprints, drawings, and specifications of the spare parts, if requested.
Technical Specifications
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf (TENDER)The National Industrial Participation (NIP) Programme, which is applicable to all government
procurement contracts that have an imported content, became effective on the 1 September 1996.
The NIP policy and guidelines were fully endorsed by Cabinet on 30 April 1997. In terms of the Cabinet
decision, all state and parastatal purchases / lease contracts (for goods, works and services) entered
into after this date, are subject to the NIP requirements. NIP is obligatory and therefore must be
complied with. The Industrial Participation Secretariat (IPS) of the Department of Trade and Industry
(DTI) is charged with the responsibility of administering the programme.
1 pillars of the programme
1.1 The NIP obligation is benchmarked on the imported content of the contract. Any contract
having an imported content equal to or exceeding US$ 10 million or other currency
equivalent to US$ 10 million will have a NIP obligation. This threshold of US$ 10 million
can be reached as follows:
(b) Any single contract with imported content exceeding US$10 million.
or
(c) Multiple contracts for the same goods, works or services each with imported content
exceeding US$3 million awarded to one seller over a 2-year period which in total
exceeds US$10 million.
or
(d) A contract with a renewable option clause, where should the option be exercised the
total value of the imported content will exceed US$10 million.
or
(e) Multiple suppliers of the same goods, works or services under the same contract,
where the value of the imported content of each allocation is equal to or exceeds
US$ 3 million worth of goods, works or services to the same government institution,
which in total over a two (2) year period exceeds US$10 million.
1.2 The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1 (a) to 1.1 (c)
above will amount to 30 % of the imported content whilst suppliers in respect of paragraph
1.1 (d) shall incur 30% of the total NIP obligation on a pro-rata basis.
1.3 To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as
investments, joint ventures, sub-contracting, licensee production, export promotion,
sourcing arrangements and research and development (R&D) with partners or suppliers.
1.4 A period of seven years has been identified as the time frame within which to discharge
the obligation.
2 requirements of the department of trade and industry
2.1 In order to ensure effective implementation of the programme, successful bidders
(contractors) are required to, immediately after the award of a contract that is in excess of
R10 million (ten million Rands), submit details of such a contract to the DTI for reporting
purposes.
2.2 The purpose for reporting details of contracts in excess of the amount of R10 million (ten
million Rands) is to cater for multiple contracts for the same goods, works or services;
renewable contracts and multiple suppliers for the same goods, works or services under
the same contract as provided for in paragraphs 1.1. (b) to 1.1. (d) above.
3 bid submission and contract reporting requirements of bidders and
Successful bidders (contractors)
3.1 Bidders are required to sign and submit this Standard Bidding Document (SBD 5)
together with the bid on the closing date and time.
3.2 In order to accommodate multiple contracts for the same goods, works or services;
renewable contracts and multiple suppliers for the same goods, works or services under
the same contract as indicated in sub-paragraphs 1.1 (b) to 1.1 (d) above and to enable
the DTI in determining the NIP obligation, successful bidders (contractors) are required,
immediately after being officially notified about any successful bid with a value in excess
of R10 million (ten million Rands), to contact and furnish the DTI with the following
information:
3.3 The information required in paragraph 3.2 above must be sent to the Department of Trade
and Industry, Private Bag X 84, Pretoria, 0001 for the attention of Mr Elias Malapane within
five (5) working days after award of the contract. Mr Malapane may be contacted on
telephone (012) 394 1401, facsimile (012) 394 2401 or e-mail at [email protected] for
further details about the programme.
4 process to satisfy the nip obligation
4.1 Once the successful bidder (contractor) has made contact with and furnished the DTI with
the information required, the following steps will be followed:
a. the contractor and the DTI will determine the NIP obligation;
b. the contractor and the DTI will sign the NIP obligation agreement;
c. the contractor will submit a performance guarantee to the DTI;
d. the contractor will submit a business concept for consideration and approval by the
DTI;
e. upon approval of the business concept by the DTI, the contractor will submit detailed
business plans outlining the business concepts;
f. the contractor will implement the business plans; and
g. the contractor will submit bi-annual progress reports on approved plans to the DTI.
4.2 The NIP obligation agreement is between the DTI and the successful bidder (contractor)
and, therefore, does not involve the purchasing institution.
Bid number ...................................... Closing date: ....................................
Name of bidder.......................................................................................
Postal address .......................................................................................
.......................................................................................
Signature...................................... Name (in print) ...................................
Date..................................................
Sbdsbd 6.16.1
Section h
(Shall be applicable on projects/assignments basis)
Preference points claim form in terms of the preferential procurement
Regulations 2022
This preference form must form part of all tenders invited. It contains general information and
serves as a claim form for preference points for specific goals.
Nb: before completing this form, tenderers must study the general
Conditions, definitions and directives applicable in respect of the
Tender and preferential procurement regulations, 2022
1.1 The following preference point systems are applicable to invitations to tender:
taxes included); and
taxes included).
1.2 To be completed by the organ of state
(delete whichever is not applicable for this tender).
a) The applicable preference point system for this tender is the 80/20 preference point
system.
b) 80/20 preference point system will be applicable in this tender. The lowest acceptable
tender will be used to determine the accurate system once tenders are received.
1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be
awarded for:
(a) Price; and
(b) Specific Goals.
1.4 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:
Points
Price 80
Specific goals 20
Total points for Price and SPECIFIC GOALS 100
1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this
tender to claim points for specific goals with the tender, will be interpreted to mean that
preference points for specific goals are not claimed.
1.6 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in
any manner required by the organ of state.
(a) “tender” means a written offer in the form determined by an organ of state in response to an
invitation to provide goods or services through price quotations, competitive tendering process
or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and includes all
applicable taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of
bid invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form determined by
an organ of state in response to an invitation for the origination of income-generating contracts
through any method envisaged in legislation that will result in a legal agreement between the
organ of state and a third party that produces revenue for the organ of state, and includes, but
is not limited to, leasing and disposal of assets and concession contracts, excluding direct
sales and disposal of assets through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).
3.1 Points awarded for price
3.1.1 The 80/20 or 90/10 preference point systems
A maximum of 80 or 90 points is allocated for price on the following basis:
Experience & Qualifications
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdfconsidered non-responsive and shall be rejected.
A bidder must comply with all the requirements outlined in Phase 2 of the bid document. Failure
to comply with all the requirements in the respective category of legal services shall result in the
bidder considered non-responsive and shall be rejected for that category.
Pricing Schedule
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf(Not Applicable)
Pricing schedule – firm prices
(Purchases)
Note: only firm prices will be accepted. Non-firm prices (including prices
Subject to rates of exchange variations) will not be considered
Compliance Requirements
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf (TENDER)Tax compliance status system pin code from the south african revenue service
Tax compliance requirements
Tax compliance status (tcs) pin may be made via e-filing through the
Tcs pin is available but the bidder is registered on the central supplier
Csd number
Csd number must be provided
CSD Registration
Central supplier database is correct and up to date
Central Supplier Database is up to 12
Central supplier database (csd), a csd number must be provided
Central supplier database is correct and
Central supplier database with respect to
Section c declaration that information on central supplier
Section f bidder’s disclosure (sbd 4)
Procurement Regulation (PPR), 2022, when proposals/curriculum vitaes (CV) are invited from the
The KZNPT reserves the right to select the following specific goals when offers (CVs)
evidence such as a copy of the identity document (ID), B-BBEE (Broad-Based
2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the
Party must submit a separate tcs certificate / pin / csd number.
2.6 Where NO tcs pin is available but the bidder is registered on the central supplier
Database (csd), a csd number must be provided.
A tax compliance status system pin code from the south african revenue service
Points Allocation: 90 points
B-BBEE Details: 0 000 threshold (all applicable taxes included),
then 90 points shall be allocated for price:
Preference point system
Price 80
Rates to be used in the contract shall be in line with the rates gazetted by the
Department of Justice and Constitutional Development.
Specific Goals 20
are invited:
Enterprises and Enterprises Owned by People with Disability (Supporting
evidence such as a copy of the identity document (ID), B-BBEE (Broad-Based
Black Economic Empowerment) certificate or sworn affidavit, doctor’s note
confirming disability, proof of address, and CIPC registration documents will be
required to substantiate the points claimed).
Youth Owned Enterprises (Supporting evidence, such as a copy of the identity
document (ID), B-BBEE certificate or sworn affidavit, proof of address, and CIPC
registration documents will be required to substantiate the points claimed).
points subject to the submission of the evidence required.
goal/s and will be required to submit evidence, which will be indicated on request for
CVs.
specific goals, failure to complete SBD 6.1 shall be interpreted to mean that the points
for specific goals are not claimed.
Total 100
Health & Safety
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf(Completed and signed)
Section D Virtual Compulsory Briefing Session 13
(attendance is compulsory, however form not to be
completed)
Section E Pricing Schedule 14
(Not applicable)
Section F Bidder’s Disclosure (SBD 4) 15 – 16
(Completed and signed)
Section G The National Industrial Participation Programme (SBD 5) 17 – 19
(Not applicable)
Section H Preference Points Claim Form (SBD 6.1) 20 – 23
(Shall be applicable on assignment basis)
Calculation of Equity for Specific Goals 24
Section I General Conditions of the Contract 25 – 35
Section J Special Conditions of Contract 36 – 43
Section K Terms of Reference /Specification 44 – 50
Appendix 1 Declaration Form
Appendix 2 Checklists (Phase 1 & Phase 2)
conditions of bid as set out in the bid document under bid numbers BID 1263/2026-F
the KZNPT for the provision of goods, works or services under bid number BID 1263/2026-F
discounts that can be utilised have been taken into consideration.
their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of
a contract.
“Contract” means the agreement that results from the acceptance of the bid by the KZNPT.
“Control” means the possession by a person, of a permanent authority and power to manage
the assets, goodwill and daily operations of a business and the active and continuous exercise
of appropriate managerial authority and power in determining the policies and directing the
operations of the business.
within an enterprise.
(i) contracting with persons or categories of persons, historically disadvantaged by
unfair discrimination on the basis of race, gender, or disability.
(ii) implementing the programme of the Reconstruction and Development Programme as
published in the Government Gazette No. 16085 dated 23 November 1994
“VAT” means Value-Added Tax
“KZNPT” means KwaZulu-Natal Provincial Treasury
“Material” means failure to disclose crucial information, facts, or data that if known would
change the KZNPT's decision.
Sbd1
of the original bid documentation may be used, but an original signature must appear on such
photocopies.
terms of section 59 of the Competition Act No and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting
business with the public sector for a period not exceeding ten (10) years in terms of the Prevention
and Combating of Corrupt Activities Act No or any other applicable legislation.
I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS
1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt
of bids.
1.2 “Contract” means the written agreement entered into between the purchaser and the
supplier, as recorded in the contract form signed by the parties, including all attachments
and appendices thereto and all documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the contract for the full and
proper performance of his contractual obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidised by
its government and encouraged to market its products internationally.
1.6 “Country of origin” means the place where the goods were mined, grown or produced or
from which the services are supplied. Goods are produced when, through manufacturing,
processing or substantial and major assembly of components, a commercially recognised
new product results that is substantially different in basic characteristics or in purpose or
utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the
specified store or depot or on the specified site in compliance with the conditions of the
contract or order, the supplier bearing all risks and charges involved until the supplies are
so delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad markets its goods on own initiative in
the RSA at lower prices than that of the country of origin and which have the potential to
harm the local industries in the RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the
supplier’s fault or negligence and not foreseeable. Such events may include, but is not
restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of any bidder and
includes collusive practice among bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive the bidder of the
benefits of free and open competition.
1.14 “GCC” means the General Conditions of Contract.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier
is required to supply to the purchaser under the contract.
1.16 “Imported content” means that portion of the bidding price represented by the cost of
components, parts or materials which have been or are still to be imported (whether by
the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus
freight and other direct importation costs such as landing costs, dock dues, import duty,
sales duty or other similar tax or duty at the South African place of entry as well as
transportation and handling charges to the factory in the Republic where the supplies
covered by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not included in the imported
content provided that local manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using labour, materials,
components and machinery and includes other related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods or works or the
rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in bidding documents.
1.21 “Purchaser” means the organisation purchasing the goods.
1.22 “Republic” means the Republic of South Africa.
1.23 “SCC” means the Special Conditions of Contract.
1.24 “Services” means those functional services ancillary to the supply of the goods, such as
transportation and any other incidental services, such as installation, commissioning,
provision of technical assistance, training, catering, gardening, security, maintenance and
other such obligations of the supplier covered under the contract.
1.25 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical
writing.
2.1 These general conditions are applicable to all bids, contracts and orders including bids for
functional and professional services, sales, hiring, letting and the granting or acquiring of
rights, but excluding immovable property, unless otherwise indicated in the bidding
documents.
2.2 Where applicable, special conditions of contract are also laid down to cover specific
supplies, services or works.
2.3 Where such special conditions of contract are in conflict with these general conditions, the
special conditions shall apply.
3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for
any expense incurred in the preparation and submission of a bid. Where applicable a non-
refundable fee for documents may be charged.
3.2 With certain exceptions, invitations to bid are only published in the Government Tender
10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified
in the contract. The details of shipping and/or other documents to be furnished by the
supplier are specified in SCC.
10.2 Documents to be submitted by the supplier are specified in SCC.
Contractual Terms
Source: BID DOCUMENT FOR 1263.2026 LEGAL SERVICES PANEL FOR A PERIOD OF 3 YEARS.pdf15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the
most recent or current models, and that they incorporate all recent improvements in design
and materials unless provided otherwise in the contract. The supplier further warrants that
all goods supplied under this contract shall have no defect, arising from design, materials,
or workmanship (except when the design and/or material is required by the purchaser’s
specifications) or from any act or omission of the supplier, that may develop under normal
use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion
thereof as the case may be, have been delivered to and accepted at the final destination
indicated in the contract, or for eighteen (18) months after the date of shipment from the
port or place of loading in the source country, whichever period concludes earlier, unless
specified otherwise in SCC.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this
warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with
all reasonable speed, repair or replace the defective goods or parts thereof, without costs
to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified
in SCC, the purchaser may proceed to take such remedial action as may be necessary,
at the supplier’s risk and expense and without prejudice to any other rights which the
purchaser may have against the supplier under the contract.
16 Payment
16.1 The method and conditions of payment to be made to the supplier under this contract shall
be specified in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the
delivery note and upon fulfilment of other obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30)
days after submission of an invoice or claim by the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated in SCC.
17 Prices
17.1 Prices charged by the supplier for goods delivered and services performed under the
contract shall not vary from the prices quoted by the supplier in his bid, with the exception
of any price adjustments authorised in SCC or in the purchaser’s request for bid validity
VAT at 15%
Grand total (bid price in RSA currency with
All applicable taxes included)
Required by: KZN Provincial Treasury....
At: 145 Chief Albert Luthuli Street.
Pietermaritzburg 3201.........
Brand and model ........................................
Country of origin ........................................
Does the offer comply with the specification(s)? *YES/NO
If not to specification, indicate deviation(s) ........................................
Period required for delivery ........................................
*Delivery: Firm/not firm
Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.
** “all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills
development levies.
*Delete if not applicable
Sbd 4
4.1 Once the successful bidder (contractor) has made contact with and furnished the DTI with
the information required, the following steps will be followed:
a. the contractor and the DTI will determine the NIP obligation;
b. the contractor and the DTI will sign the NIP obligation agreement;
c. the contractor will submit a performance guarantee to the DTI;
d. the contractor will submit a business concept for consideration and approval by the
DTI;
e. upon approval of the business concept by the DTI, the contractor will submit detailed
business plans outlining the business concepts;
f. the contractor will implement the business plans; and
g. the contractor will submit bi-annual progress reports on approved plans to the DTI.
4.2 The NIP obligation agreement is between the DTI and the successful bidder (contractor)
and, therefore, does not involve the purchasing institution.
Bid number ...................................... Closing date: ....................................
4.3 Name of company/firm...............................................................................
4.4 Company registration number: .....................................................................
4.5 Type of company/ firm
Partnership/Joint Venture / Consortium
One-person business/sole propriety
Close corporation
Public Company
Personal Liability Company
(Pty) Limited
Non-Profit Company
State Owned Company
[Tick applicable box]
4.6 I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the specific goals as advised in the tender, qualifies the company/
firm for the preference(s) shown and I acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as indicated
in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to
the satisfaction of the organ of state that the claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the
conditions of contract have not been fulfilled, the organ of state may, in addition to any
other remedy it may have –
(a) disqualify the person from the tendering process;
(b) recover costs, losses or damages it has incurred or suffered as a result of
that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result
of having to make less favourable arrangements due to such cancellation;
(d) recommend that the tenderer or contractor, its shareholders and directors,
or only the shareholders and directors who acted on a fraudulent basis, be
restricted from obtaining business from any organ of state for a period not
exceeding 10 years, after the audi alteram partem (hear the other side) rule
has been applied; and
(e) forward the matter for criminal prosecution, if deemed necessary.
..............................................
Signature(s) of tenderer(s)
Surname and name: ................................................................
Date: ...............................................................
Address: ...............................................................
...............................................................
...............................................................
...............................................................
only so far as may be necessary for purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any
document or information mentioned in GCC clause 5.1 except for purposes of performing
the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain
the property of the purchaser and shall be returned (all copies) to the purchaser on
completion of the supplier’s performance under the contract if so required by the
purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the
performance of the supplier and to have them audited by auditors appointed by the
purchaser, if so required by the purchaser.
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of
patent, trademark, or industrial design rights arising from use of the goods or any part
thereof by the purchaser.
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder
shall furnish to the purchaser the performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as
compensation for any loss resulting from the supplier’s failure to complete his obligations
under the contract.
7.3 The performance security shall be denominated in the currency of the contract or in a
freely convertible currency acceptable to the purchaser and shall be in one of the following
forms:
7.3.1 a bank guarantee or an irrevocable letter of credit issued by a reputable bank located
in the purchaser’s country or abroad, acceptable to the purchaser, in the form
provided in the bidding documents or another form acceptable to the purchaser; or
7.3.2 a cashier’s or certified cheque
7.4 The performance security will be discharged by the purchaser and returned to the supplier
not later than thirty (30) days following the date of completion of the supplier’s performance
obligations under the contract, including any warranty obligations, unless otherwise
specified in SCC.
8.1 All pre-bidding testing will be for the account of the bidder.
8.2 If it is a bid condition that supplies to be produced or services to be rendered should at
any stage during production or execution or on completion be subject to inspection, the
premises of the bidder or contractor shall be open, at all reasonable hours, for inspection
by a representative of the Department or an organisation acting on behalf of the
13.1 The supplier may be required to provide any or all of the following services, including
additional services, if any, specified in SCC:
(a) performance or supervision of on-site assembly and/or commissioning of the
supplied goods;
(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate
unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for
a period of time agreed by the parties, provided that this service shall not relieve the
supplier of any warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in
assembly, start-up, operation, maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price
for the goods, shall be agreed upon in advance by the parties and shall not exceed the
prevailing rates charged to other parties by the supplier for similar services.
14.1 As specified in SCC, the supplier may be required to provide any or all of the following
materials, notifications, and information pertaining to spare parts manufactured or
distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided
that this election shall not relieve the supplier of any warranty obligations under the
contract; and
(b) in the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending termination, in sufficient
time to permit the purchaser to procure needed requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the
blueprints, drawings, and specifications of the spare parts, if requested.
15 Warranty
15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the
most recent or current models, and that they incorporate all recent improvements in design
and materials unless provided otherwise in the contract. The supplier further warrants that
all goods supplied under this contract shall have no defect, arising from design, materials,
or workmanship (except when the design and/or material is required by the purchaser’s
specifications) or from any act or omission of the supplier, that may develop under normal
use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion
thereof as the case may be, have been delivered to and accepted at the final destination
indicated in the contract, or for eighteen (18) months after the date of shipment from the
port or place of loading in the source country, whichever period concludes earlier, unless
specified otherwise in SCC.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this
warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with
all reasonable speed, repair or replace the defective goods or parts thereof, without costs
to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified
in SCC, the purchaser may proceed to take such remedial action as may be necessary,
at the supplier’s risk and expense and without prejudice to any other rights which the
purchaser may have against the supplier under the contract.
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
Address
145 Chief Albert Luthuli St, Pietermaritzburg, 3201, South Africa
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
1
Last checked
22 Jul 2026
AI status
Not enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
Contact
+27 33 897 4200www.kzntreasury.gov.za145 Chief Albert Luthuli St, Pietermaritzburg, 3201, South Africa
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