Mintek legal services panel – 3-Year appointment (mtk 14/2026)

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Non-compulsory briefing session on 28 September 2026 at 11:00 am, held online via Microsoft Teams. Meeting ID: 346 838 409 990 580, Passcode: ef9PB2Au.

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Returnable Documents: KEY STAFF EXPERIENCE AND QUALIFICATIONS, ➢ LLB qualification, be admitted legal practitioners and be, ➢ Abridged CVs for key personnel., qualifications = 40 points.

Required documents to submit: MTF 01: Financial Offer and Price Declaration, MTF 03: Validity of Tender Price, MTF 04: Form of Offer and Acceptance, MTF 05: Service Provider Declaration Form and Experience, MTF 06: Bank Details Form, SBD 4: Bidder's Disclosure, SBD 6.1: Preference Points Claim Form. Also, tax compliance status must be submitted with the tender proposal. Each party to a consortium/sub-contractors must submit separate tax compliance. All requested relevant and/or additional documentation must be submitted with the tender on or before the closing date and time.

National Treasury CSD registration is mandatory with CSD number attached to proposal. SARS tax compliance status (TCS or pin) must be submitted by closing date; each JV/consortium member must submit separate proof. Bidders must be in good standing per Regulation 38 of the Supply Chain Management Regulations (Government Gazette May 2005). B-BBEE preference points claimed via SBD 6.1 under the 80/20 system. Minimum 80 points on functionality criteria to qualify for consideration. Joint ventures must be CSD registered. Compliance with Preferential Procurement Policy Framework Act and Preferential Procurement Regulations 2022 required. Occupational Health and Safety compliance and Compensation Fund registration (Section 80) required. Tenderers must not have been subject to restriction under the Register for Tender Defaulters.

22.1. Background

The current contract for Mintek's panel of external legal service providers will expire in October.

Mintek therefore invites suitably qualified and experienced legal firms to tender for appointment

to a panel of external attorneys.

The purpose of this tender is to establish a panel of external legal service providers to provide

legal services to Mintek on an ad hoc basis. The panel will support Mintek in managing legal risk,

reducing its exposure to litigation, providing legal advice to the Mintek Board, and ensuring

compliance with applicable legislation and regulatory requirements.

The contract will be awarded for a period of thirty-six (36) months.

Service Requirements

Mintek seeks to establish a panel of external legal service providers with the capacity to provide

specialised legal services on an ad hoc basis across a range of legal disciplines. The panel will

ensure timely access to legal expertise to support the organisation's strategic, operational and

governance objectives.

The appointed service providers will be required to provide legal advice, draft and review legal

documentation, represent Mintek where necessary, and manage legal matters on behalf of the

organisation, depending on the nature and complexity of the instruction.

The scope of services includes, but is not limited to, the following functional areas:

• Corporate Governance and Company Secretarial Services (excluding Board

Secretariat functions), including governance advisory services and support on corporate

and statutory matters.

• Commercial and Contract Law, including the drafting, review and negotiation of

commercial agreements, service level agreements, memoranda of understanding, and

other contractual arrangements.

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• Technology Transfer, Intellectual Property and Commercialisation, including advice

and support on intellectual property protection and management, licensing, research and

development agreements, technology transfer, patent management, IP portfolio

management, and the commercialisation of research outputs, prototypes, new

technologies and inventions, together with related legal and commercial matters.

• Employment and Labour Law, including employee relations, disciplinary and grievance

matters, collective labour matters, dispute resolution and representation before relevant

forums.

• Litigation, Dispute Resolution and Regulatory Compliance, including legal opinions,

litigation management, alternative dispute resolution, investigations, and advice on

compliance with applicable legislation and regulatory requirements.

The legal services required will be assigned on a case-by-case basis according to the nature of

the matter and the expertise of the appointed service provider. Bidders are required to indicate

their areas of expertise against the categories provided in Table 23A.

Table 23A: Required categories for Mintek legal service providers

Please tick the

Service categories categories

Bidding for (✓)

1. Commercialisation & Technology Transfer (Category A)

1.1 Legal advice on technology transfer, commercialisation of research

outputs, intellectual property and innovation management.

1.2 Drafting, reviewing and negotiating intellectual property, licensing,

commercialisation, collaboration, research and development, material

transfer and technology transfer agreements, both locally and

internationally.

1.3 Legal advice and support in relation to the protection, exploitation, patent

management and commercialisation of patents and other intellectual

property, including trademarks, copyright, know-how, prototypes, new

technologies and inventions, including advice and support relating to

intellectual property searches, patent strategy, filing, prosecution,

registration, renewal, maintenance, enforcement and other statutory

requirements.

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Please tick the

Service categories categories

Bidding for (✓)

1.4 Legal support relating to innovation partnerships, joint ventures and

commercialisation initiatives.

2. Corporate Governance, Legal Support & General Legal Services (Category B)

2.1 Legal advice on legislation applicable to Mintek, including the Mineral

Technology Act, Public Finance Management Act (PFMA), Companies Act,

POPIA and other applicable legislation and regulatory requirements.

2.2 Corporate governance advisory services, including support on Company

Secretarial matters (excluding Board Secretariat functions).

2.3 Drafting, reviewing and advising on policies, governance frameworks and

legal compliance matters.

2.4 General legal opinions, advisory services and legal support to the Board,

Board Committees and Management.

3. Commercial Contracts & Dispute Resolution (Category C)

Drafting, reviewing, negotiating and advising on commercial contracts and

3.1 agreements (local and international).

Drafting and reviewing procurement, construction, engineering and

infrastructure-related contracts, including GCC, FIDIC, NEC, PROCSA and

3.2 other standard forms of contract.

Development, review and maintenance of Mintek's standard contract

3.3 templates and legal agreements

Representation and legal support in contractual disputes, arbitration,

3.4 mediation and litigation.

4. Employee Relations (Category D)

4.1 Legal advice on employment and labour law matters.

Representation in labour disputes, including proceedings before the

4.2 CCMA, Labour Court and other relevant forums.

Legal support on disciplinary matters, grievances, collective bargaining,

4.3 organisational restructuring and other employee relations matters.

Note: The bidder must ensure that they provide the required response/ information to the

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evaluation criteria for each service category in which the bidder has expertise as indicated.

The bidder is required to bid for a minimum of at least two (2) categories

24. Evaluation of the proposal

Tender proposals will be evaluated in accordance with the 80/20 preference point system, as

contemplated in the Preferential Procurement Regulations, 2022 pertaining to the Preferential

Procurement Policy Framework Act (PPPFA) (Act ).

24.1 Phase 1: Administrative Documents

Without limiting the generality of Mintek’s other critical requirements for this bid, a bidder(s) should

submit the documents listed in the table below. Please ensure that all documents are duly

completed and signed by the duly authorised representative of the prospective bidder(s).

Administrative documents Tick if submitted

MTF 01: Financial Offer and Price Declaration Yes No

MTF 02: Price Yes No

MTF 03: Validity of Tender Price Yes No

MTF 04: Form of Offer and Acceptance Yes No

MTF 05: Service Provider Declaration Form and Experience Yes No

MTF 06: Bank Details Form Yes No

SBD 6.1: Preference Points Claim Form in terms of the Preferential

Yes No

Procurement Regulations 2022

SBD 4: Bidder’s Disclosure Yes No

Central Supplier Database (CSD) Report Yes No

Joint Venture, Consortium, or Partnership agreement signed by all

Yes No

parties of agreement (if applicable)

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24.2 Phase 2: Mandatory Pre-qualification

The following mandatory pre-qualification requirements will form the basis for evaluating all bids.

Failure to comply with any of these requirements, or to submit the required supporting

documentation, will result in the bid being deemed non-responsive and will not be considered for

further evaluation.

No. Mandatory Pre-Qualification Requirement Supporting Document

Required

1. The bidder must be registered as a legal practice in terms Proof of registration with

of the Legal Practice Act, 2014 (Act No. ). the Legal Practice Council

(Lpc).

2. All attorneys who will render services to Mintek must be Valid Fidelity Fund

admitted legal practitioners and in good standing Certificate(s) for the

current year.

3. Paten’s prosecution must submit evidence that the firm is Proof of registration.

registered as Patens.

4. Compulsory site briefing-The site briefing is compulsory. Certificate of Attendance.

Certificate of attendance will be issued on the day of the

site briefing and must be attached to the proposal.

24.3 Phase 3: Functionality

The following functionality criteria will be used for evaluating all tenders/ bid proposals. The

functional evaluation process will be based on the bidder’s response in respect of the proposal

evaluated on the minimum offering. Proposals must score a minimum of 70 points for the

applicable categories in order to qualify. The bidder is required to submit a functionality

response for each category they are bidding for.

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24.3.1 Framework for Evaluation of Functionality Criteria

NO. criteria points

1. *Category A – Commercialisation & Technology Transfer 100

Experience of the law firm

Service provider must have 10 years’ experience and above. Must

provide a detailed company profile, including years of experience and

areas of expertise. Company profile must also include organogram

1.1 30

• 10 years and above = 30 points
• 6 – 8 years = 20 points
• 3 – 5 years = 10 points
• Less than 3 years = 0 points

Key staff experience and qualifications

*Key staff/ company employees = Associates, Senior Associates &

Partners

Minimum requirements:

➢ LLB qualification, be admitted legal practitioners and be

registered with the Legal Practice Council.

➢ Abridged CVs for key personnel.

• Key company employees are established in their posts within the

company and have more than 10 years’ proven experience in

1.2 40

handling cases of the nature described and have the required

qualifications = 40 points.

• Key company employees are established in their posts/ company

and have 8 - 10 more years’ proven experience in handling cases

of the nature described and have the required qualification = 30

points.

• Key company employees are established in their posts/ company

and have 5 - 7 years’ proven experience in handling cases of the

nature described and have the required qualification = 20 points.

• Key company employees are established in their posts/ company

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and have 2 - 4 years’ proven experience in handling cases of the

nature described and have the required qualification = 10 points.

• Company employees are all new to the posts/ company and have

less than two years' proven experience in handling cases of the

nature described and have the required qualifications = 5 points.

• Non-submission= 0 points.

Submit three (3) reference letters within 5 years on the client's official

letterhead confirming satisfactory performance for work similar to the

category being tendered for. References must include the client’s name,

description of services rendered, contract period and contact details.

1.3 30

• Three (3) or more reference letters= 30 points
• Less than three (3) reference letters= 10 points
• Non-submission =0 points.

Category b – corporate governance, legal support &

2. General legal services. 100

Experience of the law firm

Service provider must have 10 years’ experience and above. Must

provide a detailed company profile, including years of experience and

areas of expertise. Company profile must also include organogram.

2.1

• 10 years and above = 30 points 30
• 6 – 8 years = 20 points
• 3 – 5 years = 10 points
• Less than 3 years = 0 points

Key staff experience and qualifications

*Key staff/ company employees = Associates, Senior Associates &

Partners

2.2 40

Minimum requirements:

➢ LLB qualification, be admitted legal practitioners and be

registered with the Legal Practice Council.

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➢ Abridged CVs for key personnel.

• Key company employees are established in their posts/ company

and have more than 10 years proven experience in handling

cases of the nature described and have the required qualification

= 40 points.

• Key company employees are established in their posts/ company

and have 8 - 10 more years proven experience in handling cases

of the nature described and have required qualification = 30

points.

• Key company employees are established in their posts/ company

and have 5 - 7 years proven experience in handling cases of the

nature described and have required qualification = 20 points.

• Key company employees are established in their posts/ company

and have 2 - 4 years proven experience in handling cases of the

nature described and have required qualification = 10 points.

• Company employees are all new to the posts/ company and have

less than two years proven experience in handling cases of the

nature described and have required qualification = 5 points.

• Non-submission=0 points.

Submit three (3) reference letters on the client's official letterhead

confirming satisfactory performance for work similar to the category

being tendered for. References must include the client’s name,

description of services rendered, contract period and contact details.

2.3 30

• Three (3) or more reference letters= 30 points.
• Less than three (3) reference letters= 10 points.
• Non-submission =0 points.

3. Category c – contracts & agreements 100

Experience of the law firm

3.1 30

Service provider must have 10 years’ experience and above. Must

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The scope of services includes, but is not limited to: Litigation, Dispute Resolution and Regulatory Compliance, including legal opinions, litigation management, alternative dispute resolution, investigations, and advice on other standard forms of contract.

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Meeting ID: 346 838 409 990 580

Passcode: ef9PB2Au

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and format. Any additional particulars should be furnished on this document where

appropriate, or in a separate annexure.

1.11 Should the bidder desire to make any departures from, or modifications to this tender/

bid or to qualify its quotation in any way, the tender shall clearly set out its tender

departure/ modification as an Annexure, or alternatively state the content in a

covering letter attached to the tender proposal referred to herein, failing which, the

tender shall be deemed to be unqualified unless it conforms exactly with the

requirements of this tender. Unless otherwise specified and stipulated in writing, any

part of the tenderer’s tender/bid which deviates from any terms and conditions stated

within the tender document, shall be of no force or effect.

1.12 This tender document, together with associated forms and annexures, may NOT be

retyped or re-drafted, but photocopies or reprints may be prepared and used.

1.13 Bidders should check the numbers of the pages and satisfy themselves that none

are missing or duplicated. No liability shall be accepted in regard to claims arising

from the fact that pages are missing or duplicated.

1.14 The tender price shall be open for acceptance for a period of at least 90 calendar

days after the closing date of the tender. It should be noted that Tenderers may

offer a shorter validity period, but their bid may in that event, be disregarded for such

a reason. Tenderers shall clearly state whether or not prices will remain firm for the

duration of the contract. Only firm prices will be accepted. Non-firm prices (including

prices subject to rates of exchange of variations) will not be considered. In cases

where different delivery points influence the pricing, a separate pricing schedule must

be submitted for each delivery point.

1.15 Failure to have the Price declaration of this tender document signed by a duly

authorized person will constitute non-commitment by the bidder of the tender price,

and the bid will be invalidated.

1.16 All prices shall be quoted in South African currency and be VAT inclusive.

1.17 Mintek reserves the right to only accept part of the submitted bid by a supplier.

1.18 Mintek reserves the right to withdraw this tender.

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e. If the entity submitting a Tender is a Joint Venture or a Consortium or Partnership,

each party to that formation must submit all the above information. A JV /consortium

agreement must be submitted signed by all members of the JV.

f. The Tenderer must be in good standing to do business with the public sector in

terms of Regulation 38 of the Supply Chain Management Regulations (Government

Gazette May 2005).

g. Complies with the requirements of the Specification.

h. Adheres to Pricing Instructions.

i. Complies in full and observes the requirements of the Notice to Tenderers (if

applicable).

j. In addition to the terms and conditions stipulated in this document, for the Tender to

be considered responsive, the tenderer must submit the following tender information:

• A fully completed and signed tender form;

• The tenderer’s details;

• The necessary document authorising the Representative to sign and submit the

Tender on the Tenderer’s behalf;

• The Declaration by Tenderer.

6.1 The Tenderer shall supply all the price information required in the price schedule,

failure to do so shall invalidate the Tender.

6.2 No claim for price escalation will be considered unless it is specifically stated that this

Minimum functionality/qualifying score: 80

minimum score of 80

tax compliance status must be submitted with the tender proposal on or before the

tax compliance

tax compliance status

tax compliance status (TCS) or pin may also be made via e-filing

CSD registration number attached to their proposals

CSD number

CSD number must be provided

Central supplier database (csd) registration

Central Supplier Database

central supplier database (CSD), a CSD number must be provided

Central Supplier Database (CSD) Report Yes No

Joint Venture agreement, the JV must be registered on CSD, and the

1.7 A tax compliance status must be submitted with the tender proposal on or before the

1.8 Each party to a consortium/ sub-contractors must submit a separate tax compliance

status. Application forms for the renewal of/ or application for a tax compliance status

disclose the VAT registration number of the recipient, with effect from 1 March 2005.

4. Tax clearance requirements

4.3 Application for tax compliance status (TCS) or pin may also be made via e-filing. In

must submit a separate proof of TCS / pin / CSD number.

4.6 Where no TCS is available, but the bidder is registered on the central supplier

database (CSD), a CSD number must be provided.

Key staff experience and qualifications

➢ LLB qualification, be admitted legal practitioners and be

➢ Abridged CVs for key personnel.

B-BBEE Details: e to Tenderers (if

applicable).

j. In addition to the terms and conditions stipulated in this document, for the Tender to

be considered responsive, the tenderer must submit the following tender information:

• A fully completed and signed tender form;
• The tenderer’s details;
• The necessary document authorising the Representative to sign and submit the

Tender on the Tenderer’s behalf;

• The Declaration by Tenderer.

2. Evaluation of bids

2.1 All tenders received shall be evaluated in terms of administrative documents,

mandatory pre-qualification, functionality, price and specific goals.

2.2 Mintek reserves the right to accept all, some, or none of the tenders submitted –

either wholly or in part – and is not obligated to accept the lowest tender.

2.3 Mintek reserves the right not to award this bid to any bidder.

2.4 Mintek reserves the right not to award the bid to the highest scoring or lowest price

bidder if in the opinion of Mintek, a supplier’s bid presents risk to time, cost or quality.

2.5 Mintek may also award the bid to a bidder whose offering is superior to other bidders

in terms of functionality, features or any other relevant technical criteria, even if the

bidder is not the highest scoring or lowest priced.

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2.6 Mintek may make a partial award of the tender to any bidder and is not obligated to

procure the number of quantities stipulated in the RFP and/or quotation.

3. Value added tax

Where the value of an intended contract exceeds R1 000 000.00, a tenderer

must be registered with the SA Revenue Service for VAT purposes to be able

to issue Tax Invoices.

It is a requirement of this contract that the am

1.1 Bids must be submitted with all official Bid Forms that are contained within this tender

document and duly completed.

1.2 Bids must be delivered at the platform that is indicated in the tender document, and

must be delivered timeously, as late bid submissions will NOT be accepted for

consideration.

1.3 Late submissions will not be accepted under any circumstances. The tender shall

be closed at exactly 12:00 Noon and tenders arriving only a second after 12:00 or

any time thereafter will not be accepted under any circumstance. Tenderers are

therefore strongly advised to ensure that their tenders when uploaded allow enough

time for any unforeseen events that may delay the delivery of the tender.

1.4 This Bid is subject to the Preferential Procurement Policy Framework Act and the

Preferential Procurement Regulations of 2022, the General Conditions of Contract

(GCC) as listed in this document and, if applicable, any other special conditions of

contract as specified.

1.5 The successful bidder will be reduced to a contract by signing the acceptance of

offer.

1.6 It is an absolute condition that the taxes of the bidder must be in order.

1.7 A tax compliance status must be submitted with the tender proposal on or before the

closing date and time of the tender.

1.8 Each party to a consortium/ sub-contractors must submit a separate tax compliance

status. Application forms for the renewal of/ or application for a tax compliance status

is available at any Receiver’s Office (SARS).

1.9 All the documents reflected to this RFP must be completed and returned with this

tender proposal. Failure to submit completed documents with the tender proposal

may invalidate the tender proposal.

1.10 Tender forms contained within the tender document requesting information have

been drawn up so that certain essential information is furnished in a specific manner

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1.19 Mintek reserves the right not to award or cancel this bid at any time and shall not be

bound to accept the lowest or any bid.

1.20 Unless specifically provided for in the tender document, no tenders will be considered

if submitted or transmitted by telegram, telex, facsimile, e-mail or similar apparatus.

1.21 It should be noted that Mintek reserves the right to accept or reject any tender

proposal without being obliged to give any reasons in this respect.

1.22 The bidder’s company letterhead must be used for the proposal’s cover letter and

reflect the company name, address and contact details.

1.23 The correct Tender reference number (See the front page of this RFP for the tender

number) must be quoted and the bidding company’s name must appear on all pages

of the proposal.

1.24 All pages of the proposal must be initialled by the responsible person.

1.25 Only those tenderers who score a minimum score of 80 points and above in respect

of the functionality criteria will be considered.

1.26 The functionality criteria is contained towards the end of this document.

1.27 The persons named in the Schedule of Key Persons of tenderers who satisfy the

minimum quality criteria may be invited to an interview if there need arises.

1.28 Responsiveness criteria of submissions

20.1 All successful Tenderers, tendering on items where labour and/or equipment are

included, shall enter into an agreement with Mintek, indemnifying Mintek from the

provisions of the Occupational Health and Safety Act (.

20.2 The Contractor is to ensure compliance with the provisions of the Occupational

Health and Safety Act () & all relevant regulations, inclusive of all its

employees & other Contractors on the site. The Tenderer shall provide a suitable

health and safety plan appropriate for the contract tendered for.

20.3 The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

21. Workmen’s compensation

5.1 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

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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.

5.2 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.

5.3 The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

5.4 Upon receipt of such notice, the supplier shall, within the period specified and with

all reasonable speed, repair or replace the defective goods or parts thereof, without

costs to the purchaser.

5.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, 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.

6. Price and payment schedule

6.1 The Tenderer shall supply all the price information required in the price schedule,

failure to do so shall invalidate the Tender.

6.2 No claim for price escalation will be considered unless it is specifically stated that this

Tender is subject to adjustment. Failure to complete this clause will result in the

Tender prices being deemed to be firm.

6.3 Notwithstanding anything to the contrary contained in Mintek’s Conditions of Tender,

Memorandum of Agreement or the Price Schedule, any claim for an increase in the

Tender prices herein quoted shall be submitted in writing.

6.4 Mintek reserves the right to withhold payment of any escalation while only provisional

figures are available until the final (revised) figures are issued by the Government’s

Central Statistical Services. When submitting any such claim, the tenderer shall

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indicate the actual amount claimed for each item. A mere notification of a claim

for an increase without stating the new price claimed for each item shall, for the

purpose of 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 Tender, with the exception of any price adjustments authorized or in the

purchaser’s request for Tender validity extension, as the case may be.

6.5 The method and conditions of payment to be made to the supplier under this contract

shall be specified.

6.6 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.

6.7 Payments shall be made promptly by the purchaser, but in no case later than thirty

(30) days after submission of statement by the supplier.

6.8 Payment will be made in Rand unless otherwise stipulated.

7. Variation orders

7.1 In cases where the estimated value of the envisaged changes in purchase does not

vary by more than 25% of the total value of the original contract, the Contractor may

be instructed to deliver the goods or render the services as such. In cases of

measurable quantities, the Contractor may be approached to reduce the unit price,

and such offers may be accepted provided that there is no escalation in price.

8. Delays in the supplier’s performance

8.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

8.2 If at any time during performance of the contract, the supplier or its sub-Contractor(s)

encounters conditions impeding timely delivery of the goods and performance of

services, the supplier shall promptly notify the purchaser in writing of the fact of the

delay, its likely duration and its cause(s). As soon as practicable after receipt of the

supplier’s notice, the purchaser shall evaluate the situation and may at his discretion

extend the supplier’s time for performance, with or without the imposition of penalties,

in which case the extension shall be ratified by the parties by the amendment of the

contract.

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8.3 The right is reserved to procure outside of the contract small quantities or to have

minor essential services executed if an emergency arises if the supplier’s point of

supply is not situated at or near the place where the goods are required, or when the

supplier’s services are not readily available.

8.4 Except as provided under clause 11 (Force Majeure), a delay by the supplier in the

performance of its delivery obligations shall render the supplier liable to the

imposition of penalties, pursuant to clause 9, unless an extension of time is agreed

upon pursuant to clause 8.2 above without the application of penalties.

8.5 Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without cancelling the contract, be entitled to purchase goods of a

similar quality and up to the same quantity in substitution of the goods not supplied

in conformity with the contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim

damages from the supplier.

9. Penalties

7.1 Subject to clause 11 (Force Majeure), if the supplier fails to deliver any or all of the

goods or to perform the services within the period(s) specified in the contract, the

purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the

delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to clause 10

(Termination for default).

10. Termination for default

10.1 The purchaser, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the supplier, may terminate this contract in whole or

in part:

a) if the supplier fails to deliver any or all of the goods within the period(s) specified

in the contract, or within any extension thereof granted by the purchaser pursuant

to clause 8.2;

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b) if the supplier fails to perform any other obligation(s) under the contract; or

c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or

fraudulent practices in competing for or in executing the contract.

10.2 In the event the purchaser terminates the contract in whole or in part, the purchaser

may procure, upon such terms and in such manner as it deems appropriate, goods,

works or services similar to those undelivered, and the supplier shall be liable to the

purchaser for any excess costs for such similar goods, works or services. However,

the supplier shall continue performance of the contract to the extent not terminated.

10.3 Where the purchaser terminates the contract in whole or in part, the purchaser may

decide to impose a restriction penalty on the supplier by prohibiting such supplier

from doing business with the public sector for a period not exceeding ten (10) years.

10.4 If a purchaser intends imposing a restriction on a supplier or any person associated

with the supplier, the supplier will be allowed a time period of not more that fourteen

(14) days to provide reasons why the envisaged restriction should not be imposed.

Should the supplier fail to respond within the stipulated fourteen (14) days the

purchaser may regard the intended penalty as not objected against and may impose

it on the supplier.

10.5 Any restriction imposed on any person by the Accounting Officer/ Accounting

Authority will, at the discretion of the Accounting Officer/ Accounting Authority, also

be applicable to any other enterprise or any partner, manager, director or other

person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first-mentioned person, and with which enterprise or person the first-

mentioned person, is or was in the opinion of the Accounting Officer / Accounting

Authority actively associated.

10.6 If a restriction is imposed, the purchaser must, within five (5) working days of such

imposition, furnish the National Treasury, with the following:

i. the name and address of the supplier and/or person restricted by the

purchaser;

ii. the date of commencement of the restriction;

iii. the period of restriction; and

iv. the reasons for the restriction.

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The details will be loaded in the National Treasury’s central database of suppliers or

persons prohibited from doing business with the public sector.

10.7 If a court of law convicts a person of an offense as contemplated in sections 12 or 13

of the Prevention and Combating of Corrupt Activities Act, No. , the court

may also rule that such person’s name be endorsed on the Register for Tender

Defaulters. When a person’s name has been endorsed on the Register, the person

will be prohibited from doing business with the public sector for a period of not less

than five (5) years and not more than ten (10) years. The National Treasury is

empowered to determine the period of restriction, and each case will be dealt with

on its own merits. According to section 32 of the Act the Register must be open to

the public. The Register can be perused on the National Treasury website.

11. Force majeure

11.1 Notwithstanding the above provisions of clauses 9 (Penalties) and 10 (Termination

for default), the supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in performance

or other failure to perform his obligations under the contract is the result of an event

of force majeure.

11.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in

writing of such condition and the cause thereof. Unless otherwise directed by the

purchaser in writing, the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical and shall seek all reasonable alternative

means for performance not prevented by the force majeure event.

12. Termination for insolvency

12.1 The purchaser may at any time terminate the contract by giving written notice to the

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such

termination will not prejudice or affect any right of action or remedy, which has

accrued or will accrue thereafter to the purchaser.

13. Settlement of disputes

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13.1 If any dispute or difference of any kind whatsoever arises between the purchaser and

the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

13.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference

by such mutual consultation, then either the purchaser or the supplier may give notice

to the other party of his intention to commence with mediation. No mediation in

respect of this matter may be commenced unless such notice is given to the other

party.

13.3 Should it not be possible to settle a dispute by means of mediation, it may be settled

in a South African court of law.

13.4 Mediation proceedings shall be conducted in accordance with the rules of procedure

specified by the purchaser in accordance with best practice.

13.5 Notwithstanding any reference to mediation and/or court proceedings herein:

d) the parties shall continue to perform their respective obligations under the

contract unless they otherwise agree; and

e) the purchaser shall pay the supplier any monies due to the supplier.

14. Governing language

14.1 The contract shall be written in English. All correspondence and other documents

pertaining to the contract that are exchanged by the parties shall also be written in

English.

15. Applicable law

15.1 The contract shall be interpreted in accordance with the laws of the Republic of South

Africa, unless otherwise specified.

16. Assignment

16.1 The supplier shall not abandon, transfer, cede or assign, in whole or in part, its

obligations to perform under the contract, except with the purchaser’s prior written

consent.

17. Amendment of contract

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17.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend

or vary is entered into in writing and signed by the contracting parties. Any waiver of

the requirement that the agreement be amended or varied shall be in writing, shall

also be in writing.

18.1 The Contractor agrees that the occupational use of Mintek’s premises and buildings

shall be at his own risk, and that he acknowledges the risks and dangers inherent

therein. The Contractor furthermore acknowledges that Mintek and / or its employees

shall not be liable or responsible for any loss, liability, damages, accident or injury,

whether fatal or otherwise, of whatsoever nature and howsoever arising, whether

directly from the permission granted by Mintek to execute certain events or

otherwise, including but not limited to, the use of the premises and / or buildings, and

indemnifies Mintek and/or its employees against all and any loss of / or damage to

property, or injury or death, and any claim for such loss, damage, injury or death,

from any cause whatsoever and howsoever arising, which may be suffered in this

regard.

18.2 The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

Contractors or customers shall not have any claim of any nature against the Mintek

for any loss, damage, injury or death which any of them may directly or indirectly

suffer (whether or not such loss, damage, injury or death is caused through

negligence of Mintek or its agents or employees) or for:

• any latent or patent defect in the premises;

• a fire on the premises;

• a theft from the premises;

• the Premises or any part thereof being in a defective condition or state of disrepair;

• force majeure of causus fortuitus or any other cause either wholly or partly beyond

the Mintek’s control;

• the use of the services offered on the premises;

• consequential loss howsoever caused;

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• any loss or damage whether to persons or property caused by riots, civil

commotion, insurrection or actions taken by the Contractor or Mintek to mitigate

the effect of / or prevent the aforesaid; and any other cause whatsoever.

18.3 Save for any wilful acts or omission or gross negligence by Mintek, its officers,

employees, agents, concessionaires, suppliers and Contractors, the Contractor

indemnifies Mintek and holds it harmless from and against all claims, actions,

damages, liability and expense in connection with loss of life, personal injury and / or

damage to property arising from or out of any occurrence in, upon or at the premises

or the occupancy or use by the Contractor of the premises.

19. Insurance

19.1 Without limiting the obligations of the Contractor in terms of this Agreement, the

Contractor shall effect and maintain the following insurances, covering:

• Public liability insurances, in the name of the Contractor, covering the Contractor

and Mintek against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

• The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

19.2 In the case of an occurrence giving rise to claim (and in accordance with the

directives of the insurer), the Contractor shall proceed in the following manner:

• Over and above any statutory and / or other requirements contained in the

conditions of this agreement, Mintek must immediately be notified telephonically

(and confirmed by means of a telefax or email ) of the circumstances, nature and

estimate of the loss or damage; and

• Any claim settlement shall be subject to the approval of both Mintek and the

Contractor.

• Mintek reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist Mintek in

this regard.

19.3 All insurance must remain in force for the duration of this agreement.

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19.4 Should the Contractor fail to arrange insurance or to maintain it, Mintek shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums, as

may be necessary. Amounts for this purpose will be paid by Mintek as a debt of

Contractor.

19.5 The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of Mintek after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.

20. Compliance with legislature

20.1 All successful Tenderers, tendering on items where labour and/or equipment are

included, shall enter into an agreement with Mintek, indemnifying Mintek from the

provisions of the Occupational Health and Safety Act (.

20.2 The Contractor is to ensure compliance with the provisions of the Occupational

Health and Safety Act () & all relevant regulations, inclusive of all its

employees & other Contractors on the site. The Tenderer shall provide a suitable

health and safety plan appropriate for the contract tendered for.

20.3 The Contractor shall comply with all laws relating to wages and conditions generally

governing the employment of labour.

21. Workmen’s compensation

The Tenderer shall, prior to commencement of any work on site in terms hereof, give

written proof that he is registered as an employer in terms of Section 80 of the

Compensation for Occupational Injuries and Diseases Act, and the

Tenderer shall remain registered as such for the duration of the contract awarded

and shall pay all monies due to the Compensations Fund in terms of Section 15 of

Act . Failure to comply will result in the Tenderer being disqualified.

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consist of the following:

Section a: tender instructions & requirements

1. Request for tender ............................................................ 5

General conditions of tender .................................................. 8

1. Submission of bids .............................................................. 8
2. Evaluation of bids............................................................ 11
3. Value added tax ................................................................ 12
4. Tax clearance requirements ........................................... 12

General conditions of contract (gcc) .................................. 13

1. General ............................................................................... 13
2. Standards .......................................................................... 13
3. Patent rights .................................................................... 13
4. Packaging ........................................................................... 13
5. Warranty ........................................................................... 13
6. Price and payment schedule............................................ 14
7. Variation orders .............................................................. 15
8. Delays in the supplier’s performance ........................... 15
9. Penalties ............................................................................ 16
10. Termination for default ................................................. 16

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11. Force majeure ................................................................... 18
12. Termination for insolvency ........................................... 18
13. Settlement of disputes ................................................... 18
14. Governing language ......................................................... 19
15. Applicable law ................................................................... 19
16. Assignment ........................................................................ 19
17. Amendment of contract .................................................. 19
18. Indemnity ........................................................................... 20
19. Insurance ........................................................................... 21
20. Compliance with legislature .......................................... 22
21. Workmen’s compensation ................................................ 22
22. Terms of reference .......................................................... 23
23. Scope of work ................................................................... 23
24. Evaluation of the proposal ............................................ 26

Section b: mintek tender forms (mtf) for completion

B1 – financial offer forms

• MTF 01: Financial Offer and Price Declaration

• MTF 02: Price

• MTF 03: Validity of Tender Price

• MTF 04: Form of Offer and Acceptance

B2 – standard bidding documents

• MTF 05: Service Provider Declaration Form and Experience

• MTF 06: Bank Details Form

• SBD 4: Bidder’s Disclosure

• SBD 6.1: Preference Points Claim Form in terms of the Preferential Procurement

Regulations 2022

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3.1 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.

4.1 The supplier shall provide such packaging of the goods as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the

contract. The packaging shall be sufficient to withstand, without limitation, rough

handling during transit and exposure to extreme temperatures, salt and precipitation

during transit, and open storage. Packaging, case size and weights shall take into

consideration, where appropriate, the remoteness of the goods’ final destination and

absence of heavy handling facilities at all points in transit.

4.2 The packaging, 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 any subsequent

instructions ordered by the purchaser.

5. Warranty

5.1 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

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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.

5.2 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.

5.3 The purchaser shall promptly notify the supplier in writing of any claims arising under

this warranty.

5.4 Upon receipt of such notice, the supplier shall, within the period specified and with

all reasonable speed, repair or replace the defective goods or parts thereof, without

costs to the purchaser.

5.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, 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.

8.3 The right is reserved to procure outside of the contract small quantities or to have

minor essential services executed if an emergency arises if the supplier’s point of

supply is not situated at or near the place where the goods are required, or when the

supplier’s services are not readily available.

8.4 Except as provided under clause 11 (Force Majeure), a delay by the supplier in the

performance of its delivery obligations shall render the supplier liable to the

imposition of penalties, pursuant to clause 9, unless an extension of time is agreed

upon pursuant to clause 8.2 above without the application of penalties.

8.5 Upon any delay beyond the delivery period in the case of a goods contract, the

purchaser shall, without cancelling the contract, be entitled to purchase goods of a

similar quality and up to the same quantity in substitution of the goods not supplied

in conformity with the contract and to return any goods delivered later at the supplier’s

expense and risk, or to cancel the contract and buy such goods as may be required

to complete the contract and without prejudice to his other rights, be entitled to claim

damages from the supplier.

7.1 Subject to clause 11 (Force Majeure), if the supplier fails to deliver any or all of the

goods or to perform the services within the period(s) specified in the contract, the

purchaser shall, without prejudice to its other remedies under the contract, deduct

from the contract price, as a penalty, a sum calculated on the delivered price of the

delayed goods or unperformed services using the current prime interest rate

calculated for each day of the delay until actual delivery or performance. The

purchaser may also consider termination of the contract pursuant to clause 10

(Termination for default).

10.1 The purchaser, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the supplier, may terminate this contract in whole or

in part:

a) if the supplier fails to deliver any or all of the goods within the period(s) specified

in the contract, or within any extension thereof granted by the purchaser pursuant

to clause 8.2;

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11.1 Notwithstanding the above provisions of clauses 9 (Penalties) and 10 (Termination

for default), the supplier shall not be liable for forfeiture of its performance security,

damages, or termination for default if and to the extent that his delay in performance

or other failure to perform his obligations under the contract is the result of an event

of force majeure.

11.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in

writing of such condition and the cause thereof. Unless otherwise directed by the

purchaser in writing, the supplier shall continue to perform its obligations under the

contract as far as is reasonably practical and shall seek all reasonable alternative

means for performance not prevented by the force majeure event.

12.1 The purchaser may at any time terminate the contract by giving written notice to the

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the supplier, provided that such

termination will not prejudice or affect any right of action or remedy, which has

accrued or will accrue thereafter to the purchaser.

13.1 If any dispute or difference of any kind whatsoever arises between the purchaser and

the supplier in connection with or arising out of the contract, the parties shall make

every effort to resolve amicably such dispute or difference by mutual consultation.

13.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference

by such mutual consultation, then either the purchaser or the supplier may give notice

to the other party of his intention to commence with mediation. No mediation in

respect of this matter may be commenced unless such notice is given to the other

party.

13.3 Should it not be possible to settle a dispute by means of mediation, it may be settled

in a South African court of law.

13.4 Mediation proceedings shall be conducted in accordance with the rules of procedure

specified by the purchaser in accordance with best practice.

13.5 Notwithstanding any reference to mediation and/or court proceedings herein:

d) the parties shall continue to perform their respective obligations under the

contract unless they otherwise agree; and

e) the purchaser shall pay the supplier any monies due to the supplier.

17.1 No agreement to amend or vary a contract or order or the conditions, stipulations or

provisions thereof shall be valid and of any force unless such agreement to amend

or vary is entered into in writing and signed by the contracting parties. Any waiver of

the requirement that the agreement be amended or varied shall be in writing, shall

also be in writing.

18. Indemnity

18.1 The Contractor agrees that the occupational use of Mintek’s premises and buildings

shall be at his own risk, and that he acknowledges the risks and dangers inherent

therein. The Contractor furthermore acknowledges that Mintek and / or its employees

shall not be liable or responsible for any loss, liability, damages, accident or injury,

whether fatal or otherwise, of whatsoever nature and howsoever arising, whether

directly from the permission granted by Mintek to execute certain events or

otherwise, including but not limited to, the use of the premises and / or buildings, and

indemnifies Mintek and/or its employees against all and any loss of / or damage to

property, or injury or death, and any claim for such loss, damage, injury or death,

from any cause whatsoever and howsoever arising, which may be suffered in this

regard.

18.2 The Contractor and / or its officers, employees, agents, concessionaires, suppliers,

for any loss, damage, injury or death which any of them may directly or indirectly

suffer (whether or not such loss, damage, injury or death is caused through

negligence of Mintek or its agents or employees) or for:

• any latent or patent defect in the premises;

• a fire on the premises;

• a theft from the premises;

• the Premises or any part thereof being in a defective condition or state of disrepair;

• force majeure of causus fortuitus or any other cause either wholly or partly beyond

the Mintek’s control;

• the use of the services offered on the premises;

• consequential loss howsoever caused;

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• any loss or damage whether to persons or property caused by riots, civil

commotion, insurrection or actions taken by the Contractor or Mintek to mitigate

the effect of / or prevent the aforesaid; and any other cause whatsoever.

18.3 Save for any wilful acts or omission or gross negligence by Mintek, its officers,

employees, agents, concessionaires, suppliers and Contractors, the Contractor

indemnifies Mintek and holds it harmless from and against all claims, actions,

damages, liability and expense in connection with loss of life, personal injury and / or

damage to property arising from or out of any occurrence in, upon or at the premises

or the occupancy or use by the Contractor of the premises.

• Public liability insurances, in the name of the Contractor, covering the Contractor

and Mintek against liability for the death of / or injury to any person, or loss of / or

damage to any property, arising out of / or in the course of this agreement.

• The Lessee shall insure all its own possessions and equipment kept on the

premises, in its own name.

19.2 In the case of an occurrence giving rise to claim (and in accordance with the

directives of the insurer), the Contractor shall proceed in the following manner:

• Over and above any statutory and / or other requirements contained in the

conditions of this agreement, Mintek must immediately be notified telephonically

(and confirmed by means of a telefax or email ) of the circumstances, nature and

estimate of the loss or damage; and

• Any claim settlement shall be subject to the approval of both Mintek and the

• Mintek reserves the right to make enquiries regarding the cause and result of any

such occurrence giving rise to a claim, and the Contractor shall assist Mintek in

this regard.

19.3 All insurance must remain in force for the duration of this agreement.

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19.4 Should the Contractor fail to arrange insurance or to maintain it, Mintek shall be

entitled to arrange for such insurance and to maintain it, and pay the premiums, as

may be necessary. Amounts for this purpose will be paid by Mintek as a debt of

19.5 The Contractor hereby guarantees that it shall make the necessary submissions of

insurance to the satisfaction of Mintek after awarding/acceptance of this contract, as

proof that the required insurances exist and that it will comply with all terms,

requirements and conditions in respect of insurance applicable to this agreement.

• Technology Transfer, Intellectual Property and Commercialisation, including advice

and support on intellectual property protection and management, licensing, research and

development agreements, technology transfer, patent management, IP portfolio

management, and the commercialisation of research outputs, prototypes, new

technologies and inventions, together with related legal and commercial matters.

• Employment and Labour Law, including employee relations, disciplinary and grievance

matters, collective labour matters, dispute resolution and representation before relevant

forums.

• Litigation, Dispute Resolution and Regulatory Compliance, including legal opinions,

litigation management, alternative dispute resolution, investigations, and advice on

compliance with applicable legislation and regulatory requirements.

Bidding for (✓)

1. Commercialisation & Technology Transfer (Category A)

1.1 Legal advice on technology transfer, commercialisation of research

outputs, intellectual property and innovation management.

1.2 Drafting, reviewing and negotiating intellectual property, licensing,

commercialisation, collaboration, research and development, material

transfer and technology transfer agreements, both locally and

internationally.

1.3 Legal advice and support in relation to the protection, exploitation, patent

management and commercialisation of patents and other intellectual

property, including trademarks, copyright, know-how, prototypes, new

technologies and inventions, including advice and support relating to

intellectual property searches, patent strategy, filing, prosecution,

registration, renewal, maintenance, enforcement and other statutory

requirements.

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3. Commercial Contracts & Dispute Resolution (Category C)

Mintek reserves the right not to award this bid to any bidder, not to award to the highest scoring or lowest price bidder if the bid presents risk to time, cost or quality, and may make a partial award. Mintek will not do business with a bidder who is not tax compliant. The tender price shall be open for acceptance for at least 90 calendar days after closing date. Only firm prices will be accepted. All prices shall be quoted in South African currency and be VAT inclusive. The bidder's company letterhead must be used for the proposal's cover letter. The correct tender reference number must be quoted and the bidding company's name must appear on all pages. Failure to have the price declaration signed by a duly authorized person will constitute non-commitment.

Reference letters are scored: three (3) or more reference letters = 30 points; less than three (3) reference letters = 10 points. References must include client's name, description of services rendered, contract period and contact details. Tenderers meeting minimum quality criteria may be invited to an interview. Mintek may make a partial award and is not obligated to procure the stated quantities.