Legal services for ccb – RFQ in western cape | professional services tender

Bidding procedures enquiries:

• Contact: Deidre Hartzenberg
• Email: [email protected]
• Telephone: 021 461 4676

Technical enquiries:

• Contact: Derek Williams
• Email: [email protected]
• Telephone: 021 461 4676

All communication must be in writing; only these contacts may be approached for tender matters.

Physical address:

Castle Control Board

Castle of Good Hope

Cnr Castle & Darling Str

Cape Town, 8001

Submission method: hard copy only

• Deliver in a sealed envelope, marked with the reference CCB2026/10/01
• Place in the tender box at the Castle of Good Hope reception between 09h30 and 16h00
• Submit one copy of each file, in this order:
• File 1 – Technical File (prequalification documents and checklist)
• File 2 – Price and Preference Points Claims (Pricing Schedule, preference claims, quotation)
• Hand/courier address: The Castle of Good Hope, Corner Castle & Darling Street, Cape Town, 8001
• Postal address: Castle Control Board, P.O Box 1, Cape Town, 8000
• Bids must reach the CCB before the closing date and time; late bids are not accepted

Returnable forms (all must be completed and signed by the authorised representative):

• SBD 1 – Invitation to Bid (cover page of the offer)
• Tax Clearance Certificate
• Pricing Schedule and attached detailed quotation
• SBD 4 – Bidder's Declaration of Interest
• SBD 6.1 – Preference Points Claim Form (for specific goals)
• SBD 8 – Declaration of Past Supply Chain Management Practices
• SBD 9 – Certificate of Independent Bid Determination
• CSD report
• Company registration certificate
• B-BBEE certificate or sworn affidavit
• Three reference letters of previous performance
• Proof of banking details
• Legal Practice Council registration or certificate of good standing
• Practising certificates
• CVs of attorneys/advocates who will perform the work
• Professional indemnity/insurance
• List of legal matters handled in the last 36 months
• Completed checklist

Disqualification risks:

• Any of the above documents missing or unsigned
• Counter conditions or amendments to bid conditions
• Late submission

Evaluation method: two-stage gate system

Gate 0 – Prequalification (pass/fail)

• All documents listed in Table 1 must be submitted and comply; any missing document disqualifies the bid
• CCB verifies tax status and mandatory bid requirements through the CSD

Gate 1 – Price and Specific Goals (80/20 preference point system)

• Price: maximum 80 points
• Specific Goals: maximum 20 points, claimed as follows:
• HDIs (no franchise before 1983/1993 constitutions): 8 points for 100% ownership, 6 for 75-99%, 4 for 60-74%, 2 for 51-59%, 0 for ≤50%
• Women: 4 points for 100% ownership, 3 for 75-99%, 2 for 60-74%, 1 for 51-59%, 0 for ≤50%
• Youth: 4 points for 100% ownership, 3 for 75-99%, 2 for 60-74%, 1 for 51-59%, 0 for ≤50%
• People with disabilities: 2 points for 100% ownership, 1 for 51-99%, 0 for ≤50%
• RDP goals (promotion of SMMEs): 2 points for 'yes', 0 for 'no'
• Preference will be given to bidders based within the Cape Town Metropolitan Area

Scope of work: legal representation in defending an ex parte application for a mandament van spolie

• Provide legal advice and representation to the CCB throughout the litigation
• Assess legal and factual merits, advise on course of action
• Prepare, draft and file all necessary court documents (affidavits, notices, pleadings, heads of argument)
• Represent the CCB in court proceedings
• Manage litigation until finalisation, including correspondence with opposing representatives
• Provide a closure report at the end

Required work streams:

• Consultation with CCB representative
• Preparation of documents (per hour if necessary)
• Magistrate court fees (opening file, printing per page, travelling fees per hour and per km, court appearance fee, after-hours consultation per hour, briefing an advocate if necessary, global telephone/email figure)

Contract duration: once-off

Service provider must be based within the Cape Town Metropolitan Area

Qualifications and experience:

• Must be a suitably qualified and experienced legal practitioner or law firm based within the Cape Town Metropolitan Area
• Must possess expertise, capacity and experience in legal matters and strategic support
• Submit CVs of the attorneys/advocates who will perform the work
• Provide a list of legal matters handled in the last 36 months
• Provide three reference letters of previous performance
• Professional indemnity/insurance and practising certificates are required

Quality expectations:

• Bidder must act honestly, fairly, and with due skill and diligence
• Must have the resources, procedures and technological systems to perform the services
• Must make adequate disclosures of material information and avoid conflicts of interest
• CCB may verify the nature and quality of the service through site inspections or product evaluations
• The bidder's proposal is incorporated into the contract as a representation of its ability

Pricing Schedule requirements:

• Complete the supplied pro forma Pricing Schedule for goods and services
• Also submit a separate comprehensive list of all possible costs, both included and excluded, for the SLA
• Offer valid for 90 days from the closing date
• Failure to price all listed products will result in disqualification
• Schedule items: consultation (3-4 hours), preparation of documents, Magistrate Court (6-8 hours), with sub-total, VAT and total

Pricing:

• Complete the supplied Pricing Schedule (goods and services)
• Also submit a separate comprehensive list of all possible costs, both included and excluded, for the SLA
• Failure to price all listed products will result in disqualification

Pricing Schedule items:

• Legal service consultation: 3–4 hours
• Preparation of documents
• Magistrate court: 6–8 hours
• Offer valid for 90 days from closing date

Mandatory compliance:

• Must be registered on the Central Supplier Database (CSD) and remain tax compliant for the entire contract term
• Valid Tax Clearance Certificate (verification through CSD; non-compliant bidders are disqualified)
• Company registration certificate
• B-BBEE certificate or sworn affidavit (EME/QSE affidavit as applicable)
• Legal Practice Council registration or certificate of good standing
• Practising certificates for attorneys/advocates
• Professional indemnity/insurance
• Sub-contractors (if any) must also be CSD registered and tax compliant; same documents must be submitted for each sub-contractor
• No tender will be awarded to a bidder on the National Treasury's Register of Tender Defaulters or List of Restricted Suppliers

Contract terms:

• Contract is once-off
• General Conditions of Contract (GCC) apply; the bidder must accept them and submit the signed GCC with the bid
• Upon award, a Service Level Agreement (SLA) will be concluded; the successful bidder must compile the SLA for both parties to sign
• If the SLA conflicts with the bidder's proposal, the SLA prevails

Conditions and rights:

• CCB may not award, cancel, or negotiate with preferred bidders without obligation to other bidders
• CCB may accept part of a bid, conduct site inspections/product evaluations, and correct bid mistakes
• CCB may cancel the bid process at any stage
• Financial statement analysis will be conducted only on recommended bidders; award may be withheld if financial statements are not in order
• CCB may award to multiple bidders to spread risk

Risk/liability:

• Bidder indemnifies CCB for costs/damages caused by breach of bid conditions
• Bidder participates at its own risk; CCB not liable for costs incurred in bidding
• Misrepresentations in the tender may lead to contract termination and claims
• Governing law: South African law, exclusive jurisdiction of South African courts

Confidentiality:

• Bid and its contents are confidential; no disclosure without CCB's written approval (failure may lead to disqualification)
• Bidder must declare on the cover letter that they had no access to CCB proprietary information