Panel of attorneys for legal services – mhlontlo local municipality (3-Year appointment)

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{"name":null,"email":null,"phone":"+27(047) 553 7000","department":"Supply Chain Management","address":"ibed above are/were provided. The 30"}

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The Kumkani Mhlontlo Local Municipality (KMLM) is a local Municipality in ORTDM.

The municipal council is responsible for the general conduct of the operation of the KMLM and is

therefore responsible for the implementation of appropriate systems of internal control and the risk

management in the KMLM.

In terms of Supply Chain Management Policy, the KMLM is enjoined and has committed itself to

maintain a database of pre-approved service providers that can be used to render various services to

the KMLM. The establishment of such a database must be preceded and informed by a competitive

bidding process, which has been embarked upon herein.

In line with the requirements of the Municipal Finance Management Act No. (“MFMA”) and

Treasury SCM Regulations, the KMLM seeks to engage the services of duly qualified firms of attorneys

to serve on the KMLM’s pre-approved panel of legal service providers.

Purpose of the terms of reference

The purpose of the Terms of Reference (TOR) is to appoint suitable firms of attorneys to serve on

the KMLM’s pre-approved panel of legal service providers.

Objectives

The overall objective is to appoint suitable service providers to serve on the KMLM’s pre-approved

panel of legal service providers to ensure that a database of legal skills is readily available sourced

when required.

Successful service providers will be required to render legal services to the KMLM in a wide range of

specialized areas, inter alia pertaining to:

1.1.1 Provision of legal advice and litigation support relating to debt recovery, municipal activities,

and contracts, advisory and intermediary services.

1.1.2 Litigation support which includes among others handling applications: recovery of debt, and

investigation, prosecution of fraud crimes and civil claims cases.

1.1.3 Litigation around issues pertaining to administrative and constitutional law.

1.1.4 Interpretation of legislation, legislative drafting and related matters.

1.1.5 Employment and labour relations matters.

1.1.6 Contractual interpretation; and

1.1.7 The firm of attorneys must be able to conduct detailed and credible research which includes

identifying and applying the applicable laws and international regulatory instruments to the

given set of facts and providing solutions thereto.

2.2 Deliverables

• Administrative Law

• Local Government law

• Labour Law,

• Commercial & Contract law

• Conveyancing with LPC Number

• Debt Recoveries; and

• Favourable court orders.

2.3 Duration of the project

The expected duration of the project is for a period of three (3) years after the signing of a Service

Level Agreement (SLA).

3. Points allocation/ Evaluation criteria

detailed CV`s. Certification may not be older than 3 months. Uncertified

qualifications will not be accepted as authentic. Foreign qualifications are

required to be accompanied by a SAQA evaluation certificate.

Project Execution Plan 30

A fully detailed methodology aligned to the 30

time frames.

Basic methodology with time frames 10

Unclear methodology with no time frames 0

NOTE: Only bidders who scored 70% and more on stage 1 to be evaluated further on price

evaluation.

which must reflect the exact requirements and quantity required in paragraph.

5.8 Technical approach

a) The bidder should demonstrate adherence to the TOR by elaborating on the services

required and demonstrating whether the proposed proposal meets the requirements.

b) The proposal must include a project plan and timeframes.

5.9 Company experience

appointment letters/ orders must be

attached.

Capacity and Expertise 40

• The service provider must have at least 20

two team members with relevant

certificates / qualifications and Minimum

of 5 years’ experience or more.

• Legal Practice Council for practising 20

legal professionals COIDA

registration/Letter of Good Standing.

must be met to qualify for this bid:

• CSD report /CSD number

• In the case of the bidder being in partnership, close corporation or a company, company certificates

reflecting the names, identity numbers and address of the partners, members or directors must be

submitted with proposal,

• In the event of the bidder being a consortium organisation, relevant shareholding certificates must

be submitted, and

• Joint Venture agreements must be submitted in case of a bidder being in a joint venture.
• Submit a SARS PIN as a form of proof that bidder’s tax matters are in order. The KMLM will confirm

with SARS to determine if a particular bidder is tax complaint,

• Fidelity certificate issued in terms of the Attorneys Act No. .
• Proof of registration with the relevant Law Society, and
• Letter of good standing with the relevant Law Society.
• Tenderers must submit certified copy for B-BBEE certificate
• Proof of Municipal rates, not later than one month.
• MBD4 Form must be signed

4.1 Other Requirements (Non - Mandatory Requirements)

4.1.1 Company profile of the bidder.

4.1.2 Record of infrastructure: communication and documents service facilities (i.e. the lead

attorney and his support staff’s e-mail addresses and docex facility), hardware and software

infrastructure (computer infrastructure) and premises.

4.1.3 Certified copies of qualifications and curriculum vitae of the lead attorney in the area (s) of

specialty as referred to in paragraph 3 above. The curriculum vitae must reflect the

following:

• Qualifications.
• Area(s) of specialty.
• Years of experience in the identified area(s) of specialty.
• Record of attendance, i.e. how often the lead attorney attends to matters

under the identified area(s) of specialty. This must be restricted to the

following categories: at least once a year, at least once in six months, at

least once a month, weekly or daily; and

• The lead attorney must have at least five (5) years’ post admission

experience in identified area(s) of specialty.

4.1.4 In case where the firm of attorneys has more than one area of specialty as recorded in

paragraph 3 above, all the relevant areas of specialty must be recorded in the proposal together

with the relevant lead attorney(s);

4.1.5 Support staff details, i.e. number, qualifications, and experience of the support staff to the

lead attorney(s).

4.1.6 The lead attorney’s hourly fee.

4.1.7 Demonstrated experience in the identified area(s) of specialty including the ability to

conduct detailed and credible research.

4.1.8 Three (3) reference letters from clients whom the bidder has provided services similar to

the identified areas of specialty; and

4.19 Locality, i.e. the business (and postal address) address where the bidder conducts its

business including other regional offices within the Republic of South Africa.

8.1 Shortlisted service providers may be required to do a presentation and/or question and

answer session.

8.2 The KMLM may also conduct site visit/inspection.

Bidders must complete the pricing schedule provided, including rates for attending to give or take disclosure per hour, and per page for filling of prescribed forms. Prices must be in South African Rand inclusive of VAT, remain valid for 90 days, and the total amount must be carried on the MBD1 form. The KMLM may require a breakdown of prices and a 'Pricing Grid' or 'Transaction Fee' schedule. Prices are non-firm subject to specified conditions.

Payment Terms: Payment terms

a) The KMLM undertakes to pay valid tax invoices in full within thirty (30) days from statement date

for services rendered.

b) All supporting documents for services rendered should be submitted together with the tax

invoices by the twentieth (20th) of every month.

c) Valid Tax Invoices for all services rendered are to be submitted to the

Valid tax clearance certificate been attached? (Mbd 2) yes/no

CSD report /CSD number

Joint Venture agreements must be submitted in case of a bidder being in a joint venture

power of attorney to sue or defend, as well as other formal documents and summonses,

appointment letters and reference letters must be on client’s letterhead,

appointment letters/ orders must be

proof of ownership of the company or

• CSD report /CSD number
• Joint Venture agreements must be submitted in case of a bidder being in a joint venture.

4.1.3 Certified copies of qualifications and curriculum vita

4.1.3 Certified copies of qualifications and curriculum vitae of the lead attorney in the area (s) of

• Qualifications.

B-BBEE Details: Disability-Equity ownership the municipality is going to use MEDICAL CERTIFICATE 2

as means of verification and thus prospective service

providers will be required to provide a copy of MEDICAL

CERTIFICATE and CSD as a proof in order to claim

points for specific goals

Rural Enterprise the municipality is going to use PROOF OF RESIDENCE 2

From traditional leader or ward

COUNCILLOR OR as means of verification and thus

prospective service providers will be required to provide a

copy of PROOF OF RESIDENCE AND CSD as a proof in

order to claim points for specific goals

Military veterans the municipality is going to use Stamped Confirmation 2

letter from Office of Military Veterans as means of

verification and thus prospective service providers will be

required to provide a copy of ID COPY AND CSD as a

proof in order to claim points for specific goals

Functionality Criteria

Functionality 100

1. Previous Experience

The service provider is required to provide reference letters from clients

where the services as described above are/were provided. The 30

appointment letters and reference letters must be on client’s letterhead,

and include the name, address, and contact details of the client.

1. Six (6) signed reference letters 30
2. Four (4) signed reference letters 20
3. Two (2) signed reference letter 10
4. Zero (0) signed reference letter 0

In all reference letters, corresponding

appointment letters/ orders must be

attached.

Capacity and Expertise 40

• The service provider must have at least 20

two team members with relevant

certificates / qualifications and Minimum

of 5 years’ experience or more.

• Legal Practice Council for practising 20

legal professionals COIDA

registration/Letter of Good Standing.

The service provider

1.1 Consultation with a client and witnesses to institute or defend an action, for advice

on evidence or advice on commission, for obtaining an opinion, research or an

advocate’s guidance in preparing, pleading, including exceptions, to draft a

petition or affidavit and appeal per hour:

By;

attorney

advocate

candidate attorney

1.2 Attendance/Appearance by a candidate attorney, where necessary, to assist at a R

contested proceeding per hour by;

a. Any summons petition, affidavit, pleading, advocate, advice and draft, R

report, important letter, notice or document

b. Any formal letter records, stock sheet in voluntary surrenders, judgments R

or any other material document not elsewhere specified,

c. Any plan or exhibit or other material document which was necessary of R

the conduct of the action, per . Day fee by attorney R

Day fee by candidate’s attorney

1.2. Security measures

1.2.1. Service Provider warrants that it shall secure the integrity of the Personal Information in

its possession or under its control by taking appropriate, reasonable technical and

organisational measures to prevent:

(a) Loss of, or damage to, or unauthorised destruction of the Personal Information; and

(b) Unlawful access to or processing of the Personal Information.

1.2.2. Service Provider shall take reasonable measures to:

(a) Identify all reasonable foreseeable internal and external risks to the Personal

Information in its possession or under its control;

(b) Establish and maintain appropriate safeguards against the risk identified;

(c) Regularly verify that the safeguards are effectively implemented;

(d) Ensure that the safeguards are continually updated in response to new risks or

deficiencies in previously implemented safeguards; and

(e) Shall notify Kumnkani Mhlontlo LM of the risks identified and the safeguards

established and implemented from time to time.

1.2.3. Service Provider shall:

(a) Have due regard to generally accepted information security practices and processes

which may apply to it;

(b) Comply with Kumnkani Mhlontlo LM’s information security practices and

procedures and applicable industry or professional rules and regulations, of which

a) If they are or have been the subject of any proceedings or other arrangements relating to

bankruptcy/ insolvency.

b) If they have been convicted of, or are the subject of any proceedings, relating to:

▪ A criminal offence or other offence, involving the activities of a criminal nature in its

organisation or found by any regulator or professional body to have committed professional

misconduct.

▪ Corruption, including the offer or receipt of any inducement of any kind in relation to

obtaining any contract with any contracting authority; and

▪ Failure to fulfil any obligation in any jurisdiction relating to the payment of taxes and other

legal obligations.

c) If a bidder or related company or any individual discloses details of any previous misconduct or

complaint, the KMLM will seek an explanation and background details from them. At the sole

discretion of the KMLM, an assessment as to whether the bidder will be allowed to continue to the

next phase of the evaluation phase will then be made.

d) Disclosure extends to any company in the same group of the bidder, including but not limited to

parent, subsidiary and sister companies, companies with common shareholders (whether direct or

indirect) and parties with whom the bidder is associated in respect of this tender.

6.2 Disclaimer

6.2.1 The KMLM reserves the right not to appoint a service provider.

6.2.2 The KMLM may appoint more than one service provider.

6.2.3 The KMLM also reserves the right to:

a) Award the contract or any part thereof to one or more service providers.

b) Reject all bids.

c) Decline to consider any bids that do not conform to any aspect of the bidding

requirements.

d) Request further information from any bidder after the closing date for clarity purposes.

e) Cancel this tender or any part thereof at any time; and

f) Should any of the above occur, it will be communicated in writing to the bidders.

6.3 Confidentiality

a) Bids submitted will not be revealed to any other bidders and will be treated as contractually

binding.

b) All information pertaining to the KMLM obtained by the bidder as a result of participation in this

RFP is confidential and must not be disclosed without written authorisation from the KMLM; and

c) The successful bidder will be expected to sign a SLA with the KMLM.

6.4 Disqualification

a) Any form of canvassing/lobbying/influence regarding the short listing will result in

disqualification.

b) Any non-disclosure of any other information pertaining to this bid will result in disqualification.

c) Non-compliance with the bid requirements will invalidate the bid; and

d) Non-compliance with all the applicable Acts, Regulations and by-laws will result in the

disqualification of the bid.

6.5 Prices

a) All services’ pricing should be inclusive of all taxes etc. and payment shall be made in South

a) The KMLM reserves the right to accept or reject any submission in full or in part, and to suspend

this process and reject all proposals or part thereof, at any time prior to the awarding of the

contract, without thereby incurring any liability to the affected bidders.

b) This bid and the contract will be subject to the General Conditions of Contract issued in

accordance with Treasury Regulations published in terms of the MFMA. The special terms and

conditions of contract are supplementary to that of the general conditions of the contract.

c) Where, however, the special conditions of contract are in conflict with the general conditions of

contract, the general conditions of contract will prevail.

d) The KMLM is the sole adjudicator of the suitability of the venue for the purpose for which it is

required. Therefore, the KMLM’s decision in this regard will be final.

e) No bids sent by the facsimile or email will be accepted.

f) Bids must only be submitted at the new Qumbu Town Hall at Reception Area

g) Bidders are welcome to be present at the opening of bids.

h) The annexures are part of the bid documentation and must be signed by the bidder and attach to

the bid document.

i) The bid forms must not be retyped or redrafted, but copies may be used. Additional offers may be

made but only photocopies of the original documents. Additional offers/submissions are regarded

as separate and must be treated as such by the bidder. The inclusion of various offers as part of a

single submission in one envelope is not allowed and will not be considered. Additional bid offers

must be submitted separately in separate sealed envelopes.

j) A valid SARS Tax PIN should be submitted together with the completed bid.

k) Failure to comply with the above-mentioned conditions will invalidate the bid.

l) Certified copies of the company registration documents or proof of ownership of the company or

agency i.e. Shareholders Certificates.

m) Certified copy of B-BBEE certificate issued by a Verification Agency accredited by SANAS or a

be submitted.

n) The appointment to the KMLM’s panel of attorneys will be for a period of three (3) years from the

effective date.

0. The successful firms of attorneys may be assigned work as and when required.

p) For every assignment, consultation and/or an assignment letter/email will be issued to the assigned

firm of attorneys.

q) The KMLM may, in respect of any assignment, negotiate fees with any successful firm of attorneys.

r) The KMLM may, in its sole discretion, award an assignment or any part thereof to more than one

successful firm of attorneys.

s) A firm of attorneys assigned any work may not cede, assign or sub-contract any part thereof to any

person unless with the written consent of the KMLM or as may be required by the applicable laws,

for instance, in instances where correspondent attorneys may be necessary.

t) The appointment to the KMLM’s panel of attorneys does not guarantee assignment of work to any of

the successful firms of attorneys.

u) The successful firm of attorneys shall report directly to the Head: Legal Department or any person

delegated by the KMLM with respect to all engagements (instructions, case management etc.) and

for the receipt of all forms of reports and all administration pertaining to any particular engagement.

details of the appropriate technical and organisational measures taken by or on

behalf of Service Provider to demonstrate and ensure compliance with this clause.

1.3. Service Provider’s general obligations with regards to Personal Information

1.3.1. In addition to the other obligations set out in this clause, Service Provider shall:

(a) Take reasonable steps to ensure the reliability of any of its employees who have

access to the Personal Information;

(b) Limit access to the Personal Information only to those employees who need to know

to enable Service Provider to perform the services and ensure that employees used

by Service Provider to provide the Services have undergone training in the care and

handling of the Personal Information;

(c) Deal promptly and properly with all reasonable inquiries from Kumnkani Mhlontlo

acquired by an unauthorised person or if a breach has occurred with reference to its

use of the Personal Information under this Agreement. The notification must

provide sufficient information to allow affected Data Subjects to take measures

against the potential consequences of the compromise, including, if known to Service

penalties, claims, loss or damage arising from any claim or action brought against Kumnkani

Mhlontlo LM and arising from or due to Service Provider’s breach of its information protection

obligations set out in this clause.

1.8. Ownership of Information

1.8.1. Service Provider acknowledges and agrees that Kumnkani Mhlontlo LM retains all right,

title and interest in and to the Personal Information.

1.8.2. Service Provider shall not possess or assert any lien or other right against or to such

(a) “all applicable taxes” includes value-added tax, pay as you earn,

income tax, unemployment insurance fund contributions and skills

development levies;

(b) “bid” means a written offer in the form determined by an organ of state

in response to an invitation to provide goods or services through price

quotations, competitive tendering process or any other method

envisaged in legislation and “bid” has a corresponding meaning

(c) “comparative price” means the price after the factors of a non-firm

price and all unconditional discounts that can be utilized have been

taken into consideration;

(d) “consortium or joint venture” means an association of persons for

the purpose of combining their expertise, property, capital, efforts, skill

and knowledge in an activity for the execution of a contract;

(e) “contract” means the agreement that results from the acceptance of a

bid by an organ of state;

Special terms and conditions include: the bid and contract are subject to the General Conditions of Contract issued in accordance with Treasury Regulations; special conditions are supplementary to general conditions, but in conflict, general conditions prevail. Bids must be submitted at the new Qumbu Town Hall Reception Area. Annexures must be signed and attached. A valid SARS PIN must be submitted. The KMLM may award an assignment to more than one service provider. A firm of attorneys may not cede, assign or sub-contract any part of the work. The KMLM may request further information after closing for clarity. The KMLM does not bind itself to accept the lowest proposal and reserves the right to withdraw the invitation.

Bidders must demonstrate adherence to the Terms of Reference by elaborating on the services required and showing how the proposal meets the requirements. The proposal must include a project plan and timeframes. Bidders must provide proof of previous similar service delivery, including reference letters from at least two (2) to a maximum of six (6) clients, on client's letterhead, with client name, address, and contact details. The company profile and details of support staff (number, qualifications, experience) are required. Bidders must disclose any bankruptcy/insolvency proceedings or convictions related to fraud, corruption, or similar offences.

The 80/20 preference point system will be used: 80 points for price and 20 points for specific goals. The lowest acceptable tender will be used to determine the accurate system. The municipality may apply selection criteria for shortlisting. Bidders must provide a pricing grid or transaction fee schedule. The total amount must be carried on the Municipal Bidding Document. The municipality may reject any bid that does not conform to requirements.