Appointment of a service provider to assess and recommend a suitable nuclear liability convention for south africa (10 weeks)

Compulsory briefing session

• Date and time: 24 November 2026 at 10h00.
• Venue: Department of Electricity and Energy, 192 Visagie Street, Cnr Paul Kruger and Visagie Street, Pretoria 0001.
• Attendance is compulsory. Bidders must sign the attendance register and remain present from the opening to the close of the meeting; failure to sign disqualifies the bid.

Closing

• Date and time: 10 December 2026 at 11h00.
• Hand delivery to the tender box at 192 Matimba House Building, Corner Visagie and Paul Kruger Street, Pretoria. Late bids are not accepted.

General enquiries

• Contact: Mr Samuel Msiza
• Email: [email protected]
• Telephone: 012 406 7910
• Contact: Ms Rachel Moerane
• Email: [email protected]
• Telephone: 012 406 7747

Technical enquiries

• Contact: Mr Thabiso Pie
• Email: [email protected]
• Telephone: 012 406 7504

Submission address

192 Matimba House Building

Corner Visagie and Paul Kruger Street

Pretoria

Briefing venue

192 Visagie Street

Cnr Paul Kruger and Visagie Street

Pretoria 0001

Submission method

• Hand delivery into the departmental tender box.
• Address: 192 Matimba House Building, Corner Visagie and Paul Kruger Street, Pretoria.
• The box must be marked Tender Box.
• Closing: 10 December 2026 at 11h00. Late bids are not accepted.

Copies and format

• One (1) original proposal plus two (2) copies.
• Proposals must be indexed for easy reference.

Returnable forms — all must be completed, signed and dated

• SBD 1: bidder and contact details, signed as the offer cover page.
• SBD 4: declaration of interest, disclosing state employment or connections to anyone at the department.
• SBD 6.1: preference points claim under the 80/20 system.

Disqualification risks

• Any SBD left incomplete, unsigned or undated.
• Amendments not signed or initialled by the bidder.
• Use of correctional fluid.
• Completion in any ink colour other than black.
• Failure to sign the compulsory briefing session attendance register.
• Proposals received after the closing time.

Three sequential gates: functionality, administrative compliance, then the preference point system.

Gate 1 — Functionality (100 points; minimum qualifying score 70%)

• Company experience in reviews of legislative frameworks on liabilities, regulatory or governance matters: 20 points. 10 years or more = 5; 6 to 9 years = 4; 5 years = 3; 2 to 4 years = 2; 1 year or less = 1; none = 0. Contactable referees confirming similar completed projects, with description of service and duration, are required.
• Team leader qualification: 20 points. NQF 10 = 5; NQF 9 = 4; NQF 8 = 3; NQF 7 = 2; NQF 6 or below = 1; none = 0. SAQA-recognised qualification in International Law, Nuclear Law, Public Law or Nuclear Engineering; certified certificates must be attached.
• Team member qualification: 10 points. NQF 9 or higher = 5; NQF 8 = 4; NQF 7 = 3; NQF 6 = 2; NQF 5 or below = 1; none = 0. SAQA-recognised qualification in Nuclear Law; certified certificates must be attached.
• Team leader experience in liability law, public law or governance, policy and legal reviews: 20 points. 7 years or more = 5; 6 years = 4; 5 years = 3; 3 to 4 years = 2; under 3 years = 1; none = 0. Comprehensive CV with contactable references required.
• Team member experience in nuclear law, risk analysis or international relations: 10 points. 5 years or more = 5; 4 years = 4; 3 years = 3; 2 years = 2; 1 year = 1; none = 0. Comprehensive CV with contactable references required.
• Methodology: 10 points. Three or more of legal review, Multi-Criteria Assessment framework and implementation roadmap = 5; two = 3; one = 1; none = 0. The proposal must also set out the dependencies on the Department.
• Project plan: 10 points. Seven or more elements = 5; six = 3; four to five = 2; fewer than four = 1; none = 0. Elements: deliverables, timeframes and lead times, milestones, scope, required resources, role of each team member, and a project quality management plan.
• Bidders scoring below 70% are disqualified; only those at 70% or above proceed.

Gate 2 — Administrative compliance

• Compliance with the specification and Terms of Reference.
• Fully completed, signed and dated SBD 1, SBD 4 and SBD 6.1.

Gate 3 — Preference points (80/20 system, Preferential Procurement Regulations 2022)

• Price: 80 points. Preference: 20 points.
• Specific goals, 4 points each: enterprise owned by black people; owned by women; owned by youth; owned by disabled persons; owned by SMMEs (QSE or EME).
• Ownership means 51% of company shares; designated-group holdings below 51% earn pro-rata points (for example, 20% women's shares against a 4-point goal yields 0.8 points).
• Bidders who do not submit the means of verification for a claimed goal may not receive those points.

Award

• The highest-scoring bidder is awarded the tender. Ties are broken first on specific goals, then on functionality score, then by drawing of the lot.

Purpose

• Assess the international nuclear liability conventions and recommend the most suitable one for South Africa to accede to, in line with IAEA guidelines, the Nuclear Energy Policy and South Africa's legal framework.
• South Africa has not acceded to any international nuclear liability convention; the 2015 DoE Consolidated Study is the baseline to be updated and validated.

Instruments to be assessed

• Vienna Convention on Civil Liability for Nuclear Damage (1963) and its 1997 Protocol.
• Convention on Supplementary Compensation for Nuclear Damage (CSC, 1997, in force 2015).
• Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (1988, in force 1992).
• The Paris Convention (1960) with its 2004 Protocol and the Brussels Supplementary Convention (1963) form part of the comparative landscape.

Four-stage methodology

• Stage 1: update the 2015 review of each instrument, covering liability principles, liability limits and financial security obligations, the definition and scope of compensable nuclear damage, geographic scope and transboundary damage, jurisdictional rules, claim time limits, membership distribution, governance and depositary arrangements, entry into force conditions, and compatibility with the amended South African framework.
• Stage 2: update the gap analysis against the National Nuclear Regulator Act as amended, focusing on sections 29 to 32, the expanded definition of nuclear damage and strict liability; assess the Financial Security Regulations and the 2004 Financial Security Notice; identify gaps in liability amounts, environmental and transboundary damage coverage and jurisdictional rules; assess the constitutional, administrative law and treaty-making implications; and resolve the CSC Annex issues listed below.
• Stage 3: build and apply a weighted Multi-Criteria Assessment matrix covering legal alignment, financial implications and state liability exposure, policy alignment, international standing and coverage, risk profile and compensation adequacy, and implementation feasibility; assess socio-economic costs and benefits, the impact on any future Nuclear New Build Programme, geopolitical and reputational implications, and the CSC supplementary fund obligations.
• Stage 4: recommend the most suitable convention with justification, and set out an accession roadmap covering treaty-making and ratification, legislative and regulatory amendments, financial security adjustments, coordination with National Treasury, DIRCO and the Department of Justice and Constitutional Development, and IAEA notification and depositary procedures; recommend Nuclear Claims Tribunal or competent court arrangements, a legislative amendment schedule with milestones and responsible departments, and bilateral and multilateral cooperation implications.

CSC-specific issues to resolve

• Article 2.1(b): whether the Act provides for indemnification of persons other than the liable operator, and which amendments are needed.
• Article 2.1(c): the Koeberg financial security level under Government Notice No. R.1342 (SDR 367 million) against the SDR 1,000 million minimum for a civil nuclear power plant, and the amendments needed to close the shortfall.
• Article XIX.1: the declaration of compliance required because South Africa is party to neither the Vienna nor the Paris Convention, including the conditions, depositary process and sequencing of amendments.
• CSC contingent contribution assessed at SDR 1,815,320.00 million for South Africa, plus the obligation to make public funds available up to the equivalent of SDR 300 million.

Deliverables

• Deliverable 1 — Inception Report: work plan, stakeholder engagement plan, research and data collection methodology and project schedule (Week 1 from appointment).
• Deliverable 2 — Draft Assessment Report: Stages 1 and 2 outputs with preliminary findings (Week 5).
• Deliverable 3 — Final Draft Assessment Report: Stage 3 MCA outputs, scoring matrix and preliminary recommendation with draft roadmap (Week 8).
• Deliverable 4 — Final Assessment Report: all review comments and stakeholder inputs incorporated, final recommendation, full accession roadmap and legislative amendment schedule, in print-ready and digital format (Week 10).

Reporting and working arrangements

• Work under the Director: Nuclear Safety, Liabilities and Emergency Management (NSLEM).
• Written monthly report on deliverables to the Director: NSLEM.
• Quarterly meetings with the Director: NSLEM or a delegate; either party may call an emergency meeting.
• Seven (7) calendar days turnaround for departmental review and comment.
• Accurate weekly progress reporting and invoicing.
• The Department provides the functional perimeter and office access when required.

Deliverables and timing

• Deliverable 1 — Inception Report: detailed work plan, stakeholder engagement plan, research and data collection methodology, and project schedule. Due Week 1 from appointment.
• Deliverable 2 — Draft Assessment Report: outputs of Stages 1 and 2, being the updated review of the international nuclear liability conventions and the updated gap analysis of South Africa's legal framework reflecting the National Nuclear Regulator Amendment Act, with preliminary findings. Due Week 5.
• Deliverable 3 — Final Draft Assessment Report: Stage 3 Multi-Criteria Assessment outputs, the MCA scoring matrix and a preliminary recommendation with a draft implementation roadmap. Due Week 8.
• Deliverable 4 — Final Assessment Report: all DEE review comments and stakeholder inputs incorporated, with the final recommendation, full accession implementation roadmap and proposed legislative amendment schedule, in print-ready and digital format. Due Week 10.

Methodology requirements

• The proposal must cover legal review, a Multi-Criteria Assessment framework and an implementation roadmap; three or more elements score 5 points, two score 3, one scores 1, none scores 0 (10 points).
• The proposal must set out the dependencies on the Department needed for successful delivery.

Project plan requirements

• A project or execution plan and management plan must be attached, covering deliverables, timeframes and lead times, milestones, scope, required resources, the role of each team member, and a project quality management plan.
• Seven or more elements score 5 points; six score 3; four to five score 2; fewer than four score 1; no plan scores 0 (10 points).

Turnaround

• Seven (7) calendar days for departmental review and comment.
• Accurate weekly progress reporting and invoicing.

Team leader qualification (20 points)

• SAQA-recognised qualification in International Law, Nuclear Law, Public Law or Nuclear Engineering.
• NQF 10 = 5 points; NQF 9 = 4; NQF 8 = 3; NQF 7 = 2; NQF 6 or below = 1; none = 0. Certified certificates required.

Team member qualification (10 points)

• SAQA-recognised qualification in Nuclear Law.
• NQF 9 or higher = 5 points; NQF 8 = 4; NQF 7 = 3; NQF 6 = 2; NQF 5 or below = 1; none = 0. Certified certificates required.

Team leader experience (20 points)

• Experience in liability law, public law, or governance, policy and legal reviews.
• Seven years or more = 5 points; six years = 4; five years = 3; three to four years = 2; under three years = 1; none = 0. A comprehensive CV detailing relevant experience and contactable references must be attached.

Team member experience (10 points)

• Experience in nuclear law, risk analysis or international relations.
• Five years or more = 5 points; four years = 4; three years = 3; two years = 2; one year = 1; none = 0. A comprehensive CV detailing relevant experience and contactable references must be attached.

Company experience (20 points)

• Projects related to review of legislative frameworks on liabilities, regulatory or governance matters.
• Ten years or more = 5 points; six to nine years = 4; five years = 3; two to four years = 2; one year or less = 1; none = 0.
• Proof of contactable referees confirming successful execution of similar completed projects, including description of service and duration, must be provided.

Minimum threshold

• Functionality is scored out of 100 with a 70% minimum; bidders below 70% are disqualified.

Team leader qualification

• SAQA-recognised qualification in International Law, Nuclear Law, Public Law or Nuclear Engineering.
• Scoring: NQF 10 = 5 points; NQF 9 = 4; NQF 8 = 3; NQF 7 = 2; NQF 6 or below = 1; no qualification = 0. Weighting 20 points.
• Certified copies of certificates must be attached.

Team member qualification

• At least one team member with a SAQA-recognised qualification in Nuclear Law.
• Scoring: NQF 9 or higher = 5 points; NQF 8 = 4; NQF 7 = 3; NQF 6 = 2; NQF 5 or below = 1; no qualification = 0. Weighting 10 points.
• Certified copies of certificates must be attached.

Project quality management

• A project quality management plan is one of the seven required elements of the project plan, which carries 10 points.

Payment

• No upfront payment. Payment follows delivery of the agreed services, on receipt of an original invoice.
• Weekly invoicing and progress reporting are required.

Contract value

• No estimated contract value and no bid security are stated in the terms of reference.

Financial content of the assessment

• The service provider must quantify the contingent state liabilities of accession to each convention and the adjustments needed to current financial security arrangements.
• CSC contingent contribution assessed at SDR 1,815,320.00 million for South Africa, with an obligation to make public funds available up to the equivalent of SDR 300 million.
• Koeberg financial security under Government Notice No. R.1342 is SDR 367 million against the SDR 1,000 million minimum required under Article 2.1(c) of the CSC Annex.

Mandatory registrations and status

• Valid SARS tax compliance status or tax pin; a printed TCS may be submitted with the proposal.
• CSD registration number where no TCS is available.
• Consortia, joint ventures and sub-contractors must each submit separate proof of TCS, tax pin or CSD number.

Returnable forms — completed, signed and dated

• SBD 1: bidder and contact details, signed as the offer cover page.
• SBD 4: declaration of interest covering state employment and connections to the department.
• SBD 6.1: preference points claim under the 80/20 system.

Preference points evidence

• Black-owned, women-owned and youth-owned enterprises: identity documents and CIPC documents.
• Enterprises owned by disabled persons: medical certification.
• SMMEs (QSE or EME): B-BBEE certificate from a SANAS-accredited agency or the dtic, or a sworn affidavit.
• Ownership is measured at 51% of shares; smaller designated-group holdings earn pro-rata points.

Other conditions

• Acceptance of the National Treasury General Conditions of Contract, which are non-negotiable.
• Signing of a confidentiality agreement covering DEE information not in the public domain.
• Personnel may be screened or vetted by the State Security Agency.
• Falsified information may lead to disqualification or cancellation of the contract.

Nuclear safety context

• The DEE is the designated national competent authority for nuclear energy policy and nuclear safety oversight, and manages South Africa's international nuclear obligations.
• The assessment must address the adequacy of financial security for nuclear installations, including the Koeberg Nuclear Power Plant, where the level set under Government Notice No. R.1342 is SDR 367 million against the SDR 1,000 million minimum required for a civil nuclear power plant under Article 2.1(c) of the CSC Annex.

Reporting and oversight

• The successful bidder works closely with the Director: Nuclear Safety, Liabilities and Emergency Management (NSLEM).
• A written monthly report on deliverables is required, plus quarterly meetings with the Director: NSLEM or a delegate for the contract period. Either party may propose an emergency meeting and both must reasonably make themselves available.

Confidentiality

• Information supplied for the project must be kept confidential and not disclosed without prior written consent, with reasonable steps taken to prevent disclosure.

Contract period

• Ten (10) weeks from signature of the contract by the successful service provider.
• The National Treasury General Conditions of Contract apply and are non-negotiable.

Confidentiality and information handling

• The service provider must sign a confidentiality agreement protecting DEE information that is not in the public domain.
• Information supplied for the project must be treated as confidential and not disclosed without prior written consent; reasonable steps must be taken to prevent disclosure.
• Unauthorised handling, reading or removal of departmental records is prohibited.
• No state information may be released to the public or the news media by the service provider or its employees.

Security

• The Department may screen or vet service provider personnel through the State Security Agency or otherwise, and the company itself may be subjected to security screening.

Service continuity and conduct

• The service provider must ensure services are not interrupted by staff shortages such as annual or sick leave.
• The service provider must execute the contract in line with the scope of work and act diligently, reasonably and with care with departmental information and intellectual property.
• The Department may verify the authenticity of information submitted; falsified information may lead to disqualification or cancellation of the contract.

Payment

• No upfront payment; payment follows delivery of the agreed services against an original invoice.

Reporting

• Written monthly reports on deliverables to the Director: NSLEM, and quarterly meetings with the Director or a delegate for the contract period. Either party may call an emergency meeting.

Evaluation runs through three gates in sequence.

Gate 1 — Functionality

• Scored out of 100 against the functional criteria; minimum qualifying threshold is 70%. Bidders below 70% are disqualified and only those at 70% or above are considered further.
• Company experience: 20 points, graded from 10 years or more (5 points) down to no experience (0 points), with contactable referees and project descriptions required.
• Team leader and team member qualifications: 30 points in total, graded by NQF level, with certified certificates required.
• Team leader and team member experience: 30 points in total, graded by years of relevant experience, with comprehensive CVs and contactable references required.
• Methodology: 10 points, graded on how many of legal review, MCA framework and implementation roadmap are covered.
• Project plan: 10 points, graded on how many of the seven required elements are included.
• Percentage score = total score achieved divided by maximum possible score, multiplied by 100.

Gate 2 — Administrative compliance

• Compliance with the specification and Terms of Reference.
• Fully completed, signed and dated SBD 1, SBD 4 and SBD 6.1.
• Non-compliance includes unsigned or uninitialled amendments, correctional fluid, and completion in ink other than black.

Gate 3 — Point scoring system

• 80/20 preference point system under the Preferential Procurement Regulations 2022: 80 price points and 20 preference points.
• Preference points are allocated against departmental specific goals, 4 points each, for enterprises owned by black people, women, youth and disabled persons, and for SMMEs (QSE or EME).
• Verification documents are required for each claimed goal; bidders who do not submit proof may not receive those points.
• Ownership means 51% of shares; designated-group holdings below 51% are scored pro rata.

Award

• The highest-scoring bidder wins. Ties are resolved on specific goals, then on functionality score, then by drawing of the lot.