Panel of legal service providers – gauteng tender (re-advert)

Bidding procedure enquiries:

• Contact: Mr Benedict Tefu
• Email: [email protected]

Technical enquiries:

• Contact: Ms Nomfundiso Kgomo
• Email: [email protected]

Submission address:

SAQA Tender Box, Reception, Ground Floor

Lourie Place, 189 Lunnon Road

Hillcrest Office Park

Hillcrest 0083

Submission method: hand delivery only.

• Address: SAQA Tender Box, Reception, Ground Floor, Lourie Place, 189 Lunnon Road, Hillcrest Office Park, Hillcrest 0083.
• The bid box is accessible 07:30–16:30 on business days.
• Deliver one original plus one copy (two documents total), each marked on the cover as "original" or "copy".
• Place both in a single sealed envelope, marked with: bid number SAQA 02/2026, closing date and time 09 November 2026 at 11:00, and the bidder's name and address.
• The bid box locks at exactly 11:00 on the closing date; any bid arriving even one second late is rejected.
• Proposals must be in English, concise, and simply presented.
• Create an index page and paginate the proposal using numbered file dividers.
• Bidders must clearly indicate the practice area(s) they bid for; multiple practice areas are allowed.

Returnable documents (all must be completed and signed):

• SBD 1 (Invitation to Bid): bidder and contact details, signed as the offer cover page.
• SBD 3.1 (Pricing Schedule – Professional Services): ceiling price, hourly/daily rates, and cost breakdown.
• SBD 4 (Declaration of Interest): discloses any connection between the bidder and state employees.
• SBD 6.1 (Preference Points Claim): claims B-BBEE preference points.
• Proof of authority (e.g., company resolution) for the signatory.
• Recent CSD report.
• Valid B-BBEE certificate or sworn affidavit (for EMEs).
• Compulsory CV templates for the Lead Attorney and three legal practitioners.
• Reference letters, summaries of judgements, and other mandatory evidence as listed in the evaluation criteria.

Disqualification risks:

• Late submission, regardless of reason.
• Missing, unsigned, or incomplete returnable documents.
• Altering the wording of the RFB or standard bid documentation.
• Adding the bidder's own conditions that qualify the bid.
• Approaching any SAQA employee other than the named contacts for information.
• Failure to comply with any mandatory evaluation criterion.

Evaluation is in four stages; failure at any stage disqualifies the bidder from subsequent stages.

Stage 1 – Administrative compliance:

• Returnable documents are checked for completeness and compliance with Section 4 requirements.

Stage 2 – Mandatory requirements (all must be met):

• Firm registered with the Legal Practice Council (LPC) with a practice number.
• Lead Attorney: 5+ years' relevant experience, legal qualifications, certified valid letter of good standing with the LPC, and a Fidelity Fund Certificate valid at submission. CV must use the compulsory template.
• Three legal practitioners forming the team: CVs on the compulsory template, with legal qualifications and certified valid letters of good standing with the LPC.
• At least five signed and dated reference letters, not older than five years, demonstrating experience in the practice area(s) tendered for; at least two must be from the public sector.
• At least one summary of judgements or evidence of successful engagement per practice area, not older than five years, with relevant case reports or awards.

Stage 3 – Functionality evaluation (minimum qualifying score: 80/100):

• Bidder's relevant experience: 5 reference letters = 5 points; 6 = 10; 7 = 15; 8 or more = 20 points.
• Lead Attorney experience: 5 years = 10 points; 6–9 years = 15; 10+ years = 20 points.
• Practical experience: five matter summaries (500 words each) from the last five years, outlining services, outcomes, and whether reported – 40 points if all five meet criteria, 0 if fewer than five.
• Legal and regulatory framework: a 500-word summary demonstrating understanding of the PSET sector and SAQA's mandate – 20 points if adequate, 0 if not.

Stage 4 – Price and Specific Goals (80/20):

• Price: 80 points.
• Specific goals: 20 points – 15 points for at least 51% Black ownership; 5 points for at least 30% Black women ownership.
• Supporting evidence: valid B-BBEE certificate or sworn affidavit (SANAS-approved certificate, commissioned affidavit, or shareholding certificate).
• Only the top three overall highest-scoring bidders are appointed; additional bidders may be added if the top three do not cover all required legal aspects.
• Cases are allocated through a rotational system based on practice area, capacity, performance, and expertise.

SAQA, a Schedule 3A public entity under the PFMA, requires a panel of legal service providers to render legal services on an as-and-when-required basis for 36 months.

Scope of services:

• Regulatory support and legal advice on the NQF Act, PFMA, Treasury Regulations, and other legislation relevant to SAQA's mandate.
• Litigation (instituting and defending court proceedings).
• Corporate and commercial law.
• Intellectual property law.
• Constitutional and administrative law.
• Labour law.
• Work with the Legal and Compliance Unit as first point of contact.
• Must operate legally in South Africa and have a national footprint.
• Experience in the public education and training sector is preferred.
• Allocate one experienced personnel per matter; internal quality assurance at the provider's cost.
• Counsel involvement in court matters requires SAQA's prior written approval.

Service levels and penalties:

• Target: 100% provision of comprehensive legal services on the agreed date.
• Penalty: 20% deduction of the total invoice amount per incident.
• Maximum penalty: 20% per month of the total monthly invoice amount per incident.
• If the 20% limit is reached four times during the contract, SAQA may enter a service dispute and terminate the contract.
• During a service dispute, the provider must continue rendering services.

Pricing format:

• Bidders must submit a ceiling price based on the total estimated time for completion, including all expenses and all applicable taxes (VAT, PAYE, income tax, UIF, provident fund, medical aid, uniforms, stationery, profit, skills development levies).
• Pricing schedule (for evaluation purposes only) requires hourly rates for Partner, Attorney, Other Professional, and Administrative roles for each of the three years, with estimated hours and total bid price including VAT and annual escalations.
• The pricing schedule is SBD 3.1 (Professional Services).

Validity:

• Offer must remain valid for 240 days from the closing date.

Payment:

• Payments by electronic transfer to the bidder's bank account as reflected on the CSD.
• Invoices must comply with SAQA's requirements.

No bid security, bonds, or guarantees are specified.

CSD registration:

• Bidders must be registered on the Central Supplier Database (CSD) and submit a recent CSD report with the bid.
• State the CSD supplier number or unique number in the bid.

Tax compliance:

• Must be in good standing with SARS and maintain that status throughout the contract.
• Submit a SARS Tax Compliance Status (TCS) PIN or a printed TCS certificate.
• If no TCS PIN is available, provide a CSD number.
• Consortia, joint ventures, and subcontractors must each submit a separate TCS certificate/PIN/CSD number.

B-bbee:

• Submit a valid B-BBEE Status Level Verification Certificate (original or certified copy) with the pricing.
• EMEs may submit a sworn affidavit signed by the EME representative and attested by a Commissioner of Oaths.
• Consortia or joint ventures must submit a consolidated B-BBEE certificate to claim points.
• Bidders must maintain or improve their B-BBEE rating during the contract; failure allows SAQA to terminate.

Legal Practice Council:

• Firm must be registered with the LPC with a practice number.
• Lead Attorney and team practitioners must have valid letters of good standing and Fidelity Fund Certificates (where applicable).

State employment:

• No bids from persons in the service of the state, companies with directors who are state employees, or close corporations with members who are state employees.

Standard forms:

• SBD 4 (Declaration of Interest) and SBD 9 (Certificate of Independent Bid Determination) are required as part of the returnable documents.