Appointment of a panel of legal services providers for three years – northern cape department of roads and public works (bid NO. drpw 004/2026)

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{"name":"Mr. Vuyani","email":"[email protected]","phone":"0538392221","department":"OF ROADS & PUBLIC WORKS","address":"PERIOD OF THREE YEARS AS AND WHEN"}

Mandatory returnable documents include: Authority to Sign the Bid; Confirmation of Receipt of Addenda (if applicable); Certified Copy of Company/Registration Documents; List of all Shareholders/Directors and Key staff with ID copies; Reference letters from previous clients for general litigation and advisory services in the last five years; Reference letters from previous clients (as per tender requirements); Confirmation letter of good standing from the Legal Practice Council (LPC) of South Africa (issued within two months of tender closing date); Certified copies of qualifications for key personnel; Tax Compliance Certificate / SARS PIN / CSD number; SBD 4 (if applicable); Resolution of Board of Directors to enter into consortia or joint ventures (if applicable).

No eligibility criteria specified

Of service ............................36

 The firm must provide the certificates of admission to practice as a legal practitioner for all

professional legal practitioners.

 The firm must submit fully completed and signed SBD 1 and 4.

 All proposed professional legal key personnel (as per organogram) must be registered with

the relevant statutory/professional body and must submit proof of registration e.g. Legal

Practice Council (LPC) etc.

 The bidder is required to submit a proof of business address e.g. utility bill or lease

agreement or proof of ownership, equivalent proof of address etc.

Note:

 The bidder/s who’s listed on National Treasury list of restricted suppliers will be disqualified.

 If any of its Directors are Listed on the Register of Defaulters will be disqualified.

a) the Tenderer's ability to fulfil its obligations in terms of the tender document, that is,

that the Tenderer can demonstrate that he/she possesses the necessary

professional and technical qualifications, professional and technical competence,

financial resources, equipment and other physical facilities, managerial capability,

reliability, experience, reputation, personnel to perform the contract, etc.

practitioner for all professional legal practitioners

17 Proposed professional legal key personnel (as per organogram) must be X

registered with the relevant statutory/professional body e.g. Legal Practice

Council (LPC) etc.

RESOLUTION OF BOARD OF DIRECTORS (ignore if Certificate of Authority is attached)

RESOLUTION of a meeting of the Board of *Directors / Members / Partners of:

(legally correct full name and registration number, if applicable, of the Enterprise)

Held at (place)

On (date)

any costs incurred in the preparation and submission of a tender offer, including the costs of

any testing necessary to demonstrate that aspects of the offer complies with requirements.

ASSESSMENT (FUNCTIONALITY). Price will be determined as and when services are

required for RFQ or RFP. Rates will apply to determine the highest point scorer. Each

2004 as a person prohibited from doing business with the public sector;

(c) the Tenderer has not:

(i) abused the Employer’s Supply Chain Management System; or

(ii) failed to pay municipal rates and taxes or service charges as applicable

at the Tenderer’s Head Office Municipality and such rates, taxes and

charges are in arrears for more than three months.

4.1.10 Notice to unsuccessful Tenderers

a) failed to pay municipal rates and taxes or municipal service charges and such

rates, taxes and charges are in arrears for more than three months:

b) failed, during the last five years, to perform satisfactorily on a previous contract

with the Employer or any other organ of state after written notice was given to that

valid Tax Clearance Certificate (for tender) issued by SARS or poof hat he or she has

Tax compliance status

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS

tax compliance status PIN are approved methods that will be

tax compliance as the SARS does not issue Tax Clearance Certificates but has made

tax compliance status, which will be verified on CSD or eFiling

tax compliance status in terms of above

Tcs pin is available but the bidder is registered on the central supplier database

Csd number

Csd number must be provided

Central supplier database

Central Supplier database and tax compliance status PIN are approved methods that will be

joint venture agreement entered into between the partners

joint venture agreement with the parties listed

joint venture agreement and the Contract with the Department in respect of the project under item 1 above

joint venture agreement, for whatever reason, shall give the Department 30 days written notice of such

joint venture agreement in relation to the Contract with the

joint venture agreement and the Contract with the

proof of ownership, equivalent proof of address etc

proof of ownership)

 Failure to comply with above requirements will result in automatic disqualification of the

Previous projects related to Legal Services (please attach annexure if space is insufficient) (IF APLICABLE)

The Central Supplier database and tax compliance status PIN are approved methods that will be

utilized to verify tax compliance as the SARS does not issue Tax Clearance Certificates but has made

procuring entity with proof of its tax compliance status, which will be verified on CSD or eFiling.

bidder fails to provide proof of tax compliance stat

2. Tax compliance requirements

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS

Submit a separate tcs certificate / pin / csd number.

Points Allocation: 90 points

B-BBEE Details: he

contract must be awarded to the tenderer scoring the highest points.

The following table must be used to calculate the score out of 20 for specific goals as and when services are

required.

Specific Goals Number of Points

10 At leas fifty one per cent (51%) or more black owned companies

5 At leas fifty one per cent (51%) or more women owned companies

3 At leas fifty one per cent (51%) or more youth owned companies

2 At leas fifty one per cent (51%) or more disabled owned

companies

Maximum Point to Claim 20

NB: To substantiate the points claim above the must to submit proof of its B-BBEE status level of

contributor.

Attache a certified true copy of the original BBBEE sworn affidavit certificate or CIPC printout or SANAS

Accredited certificate certified.

These certificates will be used to substantiate your points claimed as illustrated in the table above.

Sbd 6.1

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. General conditions

1.1 The following preference point systems are applicable to invitations to tender:

• the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes

included); and

• the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable 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 f

discretion.

3.6 Any requirement set out in this Tender that stipulates the form and/or content of any

aspect of a Tender, is stipulated for the sole benefit of the DRPW, and save as expressly

stated to the contrary, may be waived by the DRPW in its sole discretion at any stage in

the Tender process.

3.7 The DRPW and its advisors may rely on a Tender as being accurate and comprehensive

in relation to the information and proposals provided therein by the Tenderers.

3.8 All Tenders submitted to the DRPW will become the property of the DRPW and will as

such not be returned to the Tenderer. Proprietary information should be identified as

such in each proposal.

3.9 If the DRPW amends this Tender, the amendment will be sent to each Tenderer in

writing. No oral amendments by any person will be considered or acknowledged.

3.10 This document is released for the sole purpose of responding to this Tender and must

be considered confidential. In addition, the use, reproduction or disclosure of the

requirements, specifications or other material in this Tender is strictly prohibited.

3.11 Only legal practices established and registered in accordance with the provisions of the

Attorneys Act, 1979 (Act No. as amended) will be considered for this Tender.

3.12 The requirements of the Preferential Procurement Policy Framework Act, 2000 (Act No.

) and Preferential Procurement Regulation 2022 will be applicable as

and when services are required.

demonstrated that he/she has the resources and skills required.

4.1.9 Acceptance of panel

(a) the Tenderer is registered and in good standing with the South African Revenue

Service (SARS) and has submitted evidence in the form of an original valid Tax

Clearance Certificate (for tender) issued by SARS or poof hat he or she has

made arrangements with SARS to meet his or her outstanding tax obligations;

(CSD) will be used to validate tax matters at appointment stage)

(b) the Tenderer or any of its Directors is not listed on the Register of Tender

imposed on you by or under the statutory provisions relating to health and safety.

being non responsive (Non Complaint). It should be noted that information furnished by bidder in

response to S B D 4 Questionnaire, its regarded as correct and true information, if it is found

and proofing the state that the information provided by the bidder is not correct and not true, the state

will regard the information as the intention of the bidder to mislead the state in the process of

evaluating and adjudicating the bidder, therefore will render the bid being non responsive or non-

complaint.

4. In case where the information furnished by the bidder in response to SBD4 Questionnaires is false,

and its only realised after the bid has been awarded to the bidder, the state will take legal actions

against the bidder, of which remedial action could be-:

a. Payment of penalties determine by court

b. Cancellation of the Project awarded

c. Listing of the Bidder and its Directors on National Treasury Database of Restricted

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS CORRECT. I

Accept that the state may reject the bid or act against me in terms of paragraph 6

Of PFMA SCM instruction /22 on preventing and combating abuse in the

Part a invitation to bid......................................................................................................................2

Part b terms and conditions for bidding ...................................................................................3

Important notice: document availability................................................................................... 4

1. Assessment and evaluation process .......................................................................................5
2. Technical compliance assessment............................................................................................5
3. Terms and conditions ......................................................................................................................6
4. Tender data .......................................................................................................................................8
5. List of returnable documents................................................................................................. 12

Returnables documents for evaluation purpose.....................................................................12

Mandatory returnable documents......................................................................................................12

RESOLUTION OF BOARD OF DIRECTORS (ignore if Certificate of Authority is attached)..................... 13

6.CAPACITY Of tenderer .....................................................................................................................18

Bidder’s disclosure (sbd4)..............................................................................................................24

7.THE Department roads and public works specific goal determination ................. 26

8.CONTRACT Form - purchase of goods/works (part 1) ....................................................... 33

10. Contract form - rendering of services description of service ............................36

Terms of reference ...........................................................................................................................38

1. Background........................................................................................................................................39
2. Scope of work.................................................................................................................................. 41
3. Special conditions ..........................................................................................................................44
4. Panel categories ............................................................................................................................ 45

The method of Submission must include all the following ...........................................................................45

4.1 Assessment and evaluation process ...................................................................................45

4.1.1 Stage two: technical assessment compliance criteria.................................45

4.1.2 Stage one table 1: technical assessment criteria: ..................................................... 45

The national treasury government procurement: general conditions of

Contract.................................................................................................................................................47

same basis, to all Tenders. Tenderers submitting a Tender in response to this invitation will be

deemed to do so on the basis that they acknowledge and accept the terms set out below:

3.1 The Tenderer’s attention is specifically drawn to the fact that appointment to the panel of

legal services will not necessarily result in the Tenderer receiving instructions from

the DRPW. The DRPW shall endeavor to instruct the firms on its panel of attorneys on a

rotational basis and or based on technical experience required in the field of service.

3.2 DRPW reserves the right to subject Tenderers and their facilities to assessment as part

of the evaluation process or as a condition to be appointed to the panel of attorneys.

3.3 The DRPW reserves the right to amend, modify or withdraw this Invitation to Tender or

amend, modify or terminate any of the procedures or requirements set out herein at any

time and from time to time, without prior notice and without liability to compensate or

reimburse any person.

3.4 Neither the DRPW nor any of their respective directors, officers, employees, agents,

representatives or advisors will assume any obligation for any costs or expenses

incurred by any party in or associated with preparing or submitting a Tender in response

to the Invitation to Tender.

3.5 Any material change in the control and/or composition of any Tenderer or any core

member of a Tenderer after submission of a Tender, shall require the prior written

approval of the DRPW, and any failure to seek such approval from the DRPW shall

result in the DRPW being entitled, in its sole discretion, to exclude the relevant Tenderer

from any further participation in the Tender process. The DRPW shall be the sole arbiter

as to what constitutes a “material change in the control and/or composition of any

Tenderer’, and as to what constitutes a “core member of a Tenderer’ for purposes of

such approval. Any request for such approval shall be made to the DRPW in writing and

shall provide sufficient reasons and information to allow the DRPW to make a decision.

with the public sector.

In this regard, Tenderers shall complete Schedules 3 as well as 5, Part T2.2: Returnable

Schedules: Certificate of Independent Tender Determination and Declaration in terms of

the Municipal Finance Management Act. Failure to complete these schedules may result

in the tender not being considered.

4.1.13 Cost of tendering

(List all the legally correct full names and registration numbers, if applicable, of the

Enterprises forming the Consortium/Joint Venture)

to the DEPARTMENT OF ROADS & PUBLIC WORKS in respect of the following project:

Drpw 004/202026: appointment of a panel of legal service providers for a period

Of three (3) years as and when reqired

(Project description as per Bid /Tender Document)

Bid / Tender Number: DRPW 004/2026 (Bid / Tender Number as per Bid /Tender Document)

4. *Mr/Mrs/Ms:

in *his/her Capacity as: (Position in the Enterprise)

and who will sign as follows:

be, and is hereby, authorised to sign a consortium/joint venture agreement with the parties listed

under item 1 above, and any and all other documents and/or correspondence in connection with and

relating to the consortium/joint venture, in respect of the project described under item 1 above.

5. The Enterprise accepts joint and several liability with the parties listed under item 1 above for the due

fulfilment of the obligations of the joint venture deriving from, and in any way connected with, the Contract

to be entered into with the Department in respect of the project described under item 1 above.

Tenders will not be opened immediately after closing time. Tenders become the property of the DRPW and will not be returned. Proprietary information should be identified as such in each proposal. No oral amendments by any person will be considered. The employer will perform a risk analysis on the recommended bidder. If the recommended bidder is not tax compliant, they will be notified in writing and granted seven calendar days to rectify. False information in SBD 4 may lead to legal action. Bidders must not have any conflict of interest or have consulted with any official of the employer prior to bid opening or award. Bidders must not be listed on the National Treasury Database of Restricted Suppliers.

Eligibility criteria: confirmation of good standing from Legal Practice Council (LPC) issued within two months of tender closure; valid certified copies of Fidelity Fund certificates for all directors/partners; certificates of admission to practice for all professional legal practitioners; fully completed and signed SBD 1 and SBD 4; proposed key personnel must be registered with relevant statutory/professional body (e.g., LPC); proof of business address (utility bill, lease agreement, or proof of ownership). Bidders on National Treasury restricted suppliers list or with directors on Register of Defaulters will be disqualified.

Functionality: Minimum 70 out of 100 points required to be evaluated for inclusion on the panel. Price: 80 points, calculated using the formula for tenders with a Rand value equal to or below R50 million (inclusive of all taxes). Specific Goals: 20 points, awarded as and when services are requested. The specific goals table includes at least 51% black-owned (10 points) and other goals as per the tender. Preference points awarded in accordance with PPPFA and the 80/20 system.