Panel of legal practitioners – 3-Year contract for kareeberg municipality

Closing date: 2 September 2026. Closing time: 12:00. No compulsory briefing or site visit mentioned in the document. Validity period: 150 days after closing date. Tender box emptied just after 12:00 on closing date; bids opened publicly immediately thereafter.

SCM and technical enquiries: Mr Faried Manuel, telephone (053) 382 3012. Physical address for submissions and enquiries: Kareeberg Municipality, 10 Hanau Street, Carnarvon, 8925. No email address provided in the document.

Submission method: original tender document completed in black ink, signed by the authorised signatory, all pages initialled, placed in a sealed envelope marked with tender number KBM 01-2027, title, closing date and time, and deposited in the SCM Tender Box at Kareeberg Municipality, 10 Hanau Street, Carnarvon, 8925. Closing date: 2 September 2026 at 12:00. Faxed, e-mailed and late tenders will not be accepted. Hand delivery, courier or post at bidder's risk; must be received by the deadline. Mandatory returnable forms: MBD1 (Invitation to Bid), MBD2 (Tax Clearance Certificate Requirements), MBD4 (Declaration of Interest), MBD6.1 (Preference Points Claim), MBD8 (Declaration of Bidder's Past SCM Practices), MBD9 (Certificate of Independent Bid Determination), Municipal Rates and Taxes declaration, Authorised Signatory form (board resolution), Contract Form Parts 1 and 2. All forms must be completed, signed and submitted with the bid. Failure to complete, sign or initial any page may result in disqualification.

Two-stage evaluation: Stage 1 – Functionality (100 points, minimum qualifying score 70 points). Criteria: Experience in Municipal Legal Services (40 points) – 5+ municipal projects = 40, 4 projects = 30, 3 projects = 20, 2 projects = 10, 1 project = 5; Professional Registration (20 points) – Legal Practice Council registration and valid Fidelity Fund Certificate; Key Personnel and Specialist Expertise (25 points) – >10 years = 25, 7–10 years = 20, 5–6 years = 15, 3–4 years = 10; Methodology and Capacity (15 points). Stage 2 – Price and Preference (80/20 system): 80 points for price, 20 points for B-BBEE contribution. B-BBEE status level verification certificate or sworn affidavit (for EMEs/QSEs) must be submitted to claim preference points. Bids not meeting the 70-point functionality threshold will not proceed to price evaluation.

Scope: Appointment to a panel of legal practitioners for a 3-year period (36 months) on an as-and-when-required basis. Appointment does not guarantee work. Legal disciplines: 1.1 General Municipal Law (legal opinions, legislative interpretation, governance advice, council/committee support, policy and by-law drafting/review, compliance reviews); 1.2 Labour and Employment Law (disciplinary/grievance hearings, misconduct investigations, CCMA/Bargaining Council/Labour Court/Labour Appeal Court representation, employment contract reviews, labour law opinions); 1.3 Civil Litigation (institution/defence of proceedings, debt recovery, contractual disputes, damages claims, court appearances, ADR, mediation, arbitration); 1.4 Commercial and Contract Law (contract drafting/review, SLAs, lease agreements, MOUs, procurement agreements, PPP agreements, commercial legal opinions, mining/renewable energy matters); 1.5 Property and Conveyancing Law (property transfers, servitude registrations, acquisitions/disposals, conveyancing, township establishment, land use advice); 1.6 Administrative and Constitutional Law (judicial review, administrative appeals, constitutional matters, public law disputes, compliance reviews); 1.7 Environmental and Regulatory Law (environmental compliance, water use, waste management, environmental litigation, regulatory compliance); 1.8 Criminal, Fraud and Forensic Matters (fraud investigations, corruption, criminal complaints, asset recovery, anti-corruption support, forensic investigation support); 1.9 Municipal Finance and SCM Matters (MFMA/SCM legal opinions, tender/contract disputes, irregular/fruitless/wasteful/unauthorised expenditure, forensic investigation support). Deliverables: written legal opinions, court representation, litigation management, contract drafting/review, investigation reports, legal compliance reports, meeting attendance, legal advisory services, legal training where required. Response times: urgent matters within 24 hours; standard legal opinions within 5 working days; complex legal opinions within 10 working days; contract reviews within 7 working days; litigation matters immediate acceptance and action; general legal advice within 3 working days. Reporting: monthly reports (matters allocated/finalised, litigation status, risks, recommendations, outstanding matters); matter closure reports upon completion of each assignment. Service Level Agreement (SLA) and Professional Services Agreement must be signed after appointment; SLA regulates scope, deliverables, KPIs, reporting, turnaround times, escalation, penalties, confidentiality, conflict of interest, contract management, dispute resolution. Failure to sign SLA may result in withdrawal of appointment. Work allocation based on specialist expertise, nature of matter, capacity/availability, performance history, cost effectiveness, urgency; Municipality may request quotations from one or more panel members. Performance management assessed on quality of legal opinions, litigation outcomes, turnaround times, responsiveness, reporting compliance, cost effectiveness, compliance with municipal instructions; Municipality may suspend or remove a provider for poor performance, misconduct, breach of contract or conflict of interest. Minimum requirements: company profile, Legal Practice Council registration, valid Fidelity Fund Certificate, CSD registration report, tax compliance PIN, municipal rates and taxes clearance, three contactable municipal/public sector references, CVs of key legal practitioners, firm organogram, methodology and turnaround strategy, proof of Professional Indemnity Insurance.

Methodology and Capacity criterion (15 points) in functionality evaluation. Bidders must submit methodology and turnaround strategy as part of minimum requirements. SLA will regulate methodology, escalation procedures, contract management procedures, dispute resolution mechanisms. Variation orders up to 20% of contract value may be instructed without price escalation.

Experience in Municipal Legal Services (40 points): 5+ municipal projects = 40, 4 = 30, 3 = 20, 2 = 10, 1 = 5. Professional Registration (20 points): Legal Practice Council registration and valid Fidelity Fund Certificate mandatory. Key Personnel and Specialist Expertise (25 points): >10 years = 25, 7–10 = 20, 5–6 = 15, 3–4 = 10. Minimum requirements: company profile, Legal Practice Council registration, valid Fidelity Fund Certificate, three contactable municipal/public sector references, CVs of key legal practitioners, firm organogram, proof of Professional Indemnity Insurance.

Quality assurance through functionality evaluation criteria and performance management. Pre-bidding testing at bidder's account. Inspections/tests/analyses may be conducted at reasonable hours; purchaser arranges and pays if compliant, supplier pays if non-compliant. Non-compliant goods/services may be rejected. Supplier must permit purchaser to inspect records and audit performance. Warranty: goods/services must be defect-free for 12 months after delivery/acceptance or 18 months after shipment (whichever earlier); supplier must repair/replace defects at no cost within specified period. Performance assessed against quality of legal opinions, litigation outcomes, turnaround times, responsiveness, reporting compliance, cost effectiveness, compliance with municipal instructions. Monthly reporting and matter closure reports required. SLA includes KPIs, reporting requirements, turnaround times, penalty provisions.

Pricing schedule structured for three years (Year 1, Year 2, Year 3) with overall total per year. Categories: 3.1 Professional Fees – hourly rates for Senior Partner/Director, Director, Senior Associate, Associate Attorney, Candidate Attorney, Legal Researcher; 3.2 Legal Opinions – per opinion rates for Standard, Complex, Urgent; 3.3 Court Appearances – per appearance rates for Magistrates Court, Regional Court, High Court, Labour Court, Supreme Court of Appeal; 3.4 Disciplinary Hearings – per day for Chairperson, Initiator; per hour for Labour Consultation; 3.5 Conveyancing Services – per matter for Property Transfer, Servitude Registration, Property Registration. Municipality may request quotations from panel members for specific assignments. Prices must remain firm; payment within 30 days of invoice in Rand.

Pricing schedule requires rates for three years (Year 1, Year 2, Year 3) across categories: 3.1 Professional Fees (hourly rates for Senior Partner/Director, Director, Senior Associate, Associate Attorney, Candidate Attorney, Legal Researcher); 3.2 Legal Opinions (per opinion rates for Standard, Complex, Urgent); 3.3 Court Appearances (per appearance rates for Magistrates Court, Regional Court, High Court, Labour Court, Supreme Court of Appeal); 3.4 Disciplinary Hearings (per day for Chairperson, Initiator; per hour for Labour Consultation); 3.5 Conveyancing Services (per matter for Property Transfer, Servitude Registration, Property Registration). Overall total fees per year to be calculated. Municipality may request quotations from panel members for specific assignments. Payment terms: supplier must furnish invoice with copy of delivery note; payments within 30 days of invoice submission; payment in Rand. Performance security: within 30 days of contract award notification, successful bidder must furnish performance security of amount specified in SCC (form: bank guarantee/irrevocable letter of credit or cashier's/certified cheque). Performance security discharged within 30 days after completion of performance obligations including warranty. Prices quoted must remain firm for the contract duration except authorised adjustments. Variation orders up to 20% of contract value permitted without price escalation.

CSD registration mandatory; Municipality reserves the right not to award to unregistered suppliers. Valid original SARS Tax Clearance Certificate or SARS unique PIN must accompany bid or be on record with Municipality; if SARS cannot provide certificate, a letter from SARS on original letterhead confirming tax matters are in order must be submitted. Certified copy of bidder's municipal account for month preceding closing date must be attached; bidders or directors in arrears with municipal rates/taxes/charges for more than three months with any municipality are disqualified. Authorised signatory must be duly authorised by board resolution (or equivalent for partnerships/trusts) attached to bid. Legal Practice Council registration and valid Fidelity Fund Certificate required. B-BBEE status level verification certificate or sworn affidavit (for EMEs/QSEs) must be submitted to qualify for preference points. Professional Indemnity Insurance proof required. Three contactable municipal/public sector references required. Company profile, CVs of key legal practitioners, firm organogram, methodology and turnaround strategy required. All returnable forms (MBD1, MBD2, MBD4, MBD6.1, MBD8, MBD9, Municipal Rates and Taxes declaration, Authorised Signatory form, Contract Form Parts 1 and 2) must be completed, signed and submitted. Original tender document must be completed in black ink, signed, all pages initialled.

Environmental and Regulatory Law services required: environmental compliance matters, water use matters, waste management legal support, environmental litigation, regulatory compliance reviews. No specific environmental management requirements for the bidder stated beyond service delivery in this discipline.

Contract period: 36 months subject to annual performance reviews and budget availability. General Conditions of Contract (GCC) and Special Conditions of Contract (SCC) apply; SCC prevails in conflict. Validity period: 150 days after closing date, deemed to remain valid until formal acceptance unless bidder notifies otherwise in writing. Performance security: within 30 days of award notification, successful bidder must furnish performance security per SCC (bank guarantee/irrevocable letter of credit or cashier's/certified cheque); discharged within 30 days after completion of obligations including warranty. Payment: invoice with delivery note; payment within 30 days; in Rand. Prices firm for contract duration except authorised adjustments. Variation orders up to 20% of contract value without price escalation. Assignment prohibited without purchaser's prior written consent. Subcontracts must be notified in writing; does not relieve supplier liability. Delays: supplier must notify purchaser in writing of delays; purchaser may extend time with/without penalties. Penalties: prime interest rate per day of delay on delayed goods/services; purchaser may terminate. Termination for default: purchaser may terminate whole/part for failure to deliver/perform, corrupt/fraudulent practices; supplier liable for excess costs; restriction from public sector up to 10 years possible. Force majeure: supplier not liable for delays due to force majeure; must notify purchaser promptly. Termination for insolvency: purchaser may terminate without compensation. Dispute resolution: mutual consultation (30 days), then mediation, then South African court. Limitation of liability: supplier not liable for indirect/consequential loss; aggregate liability limited to contract price (excluding defective equipment repair/replacement). Governing law: South African law. Language: English. Notices: registered/certified mail. Taxes and duties: local supplier responsible for all taxes/duties until delivery; no contract awarded if tax matters not in order (SARS certification required) or municipal rates in arrears. Contract transfer/assignment prohibited without written permission. Amendments must be in writing and signed. Restrictive practices prohibited per Competition Act; collusive bidding may lead to invalidation, termination, restriction up to 10 years, damages.

Functionality evaluation (100 points, minimum 70 points): Experience in Municipal Legal Services (40 points) – 5+ projects = 40, 4 = 30, 3 = 20, 2 = 10, 1 = 5; Professional Registration (20 points) – Legal Practice Council registration and Fidelity Fund Certificate; Key Personnel and Specialist Expertise (25 points) – >10 years = 25, 7–10 = 20, 5–6 = 15, 3–4 = 10; Methodology and Capacity (15 points). Price and Preference evaluation: 80/20 system (80 points price, 20 points B-BBEE). B-BBEE verification certificate or sworn affidavit required for preference points.