Legal transaction advisor for conversion of peaker power plants from diesel to gas

• Procure a Legal Transaction Advisor to provide all required legal advisory services for converting two Peaker power plants (Avon and Dedisa) from diesel to gas over 36 months.
• Services include assessment of options, risks, implementation requirements, and negotiation/drafting of amendments to project agreements.
• Background: The IPP Office manages procurement and contract management for Independent Power Producer programmes. The two plants are existing diesel-fired peaking facilities with PPAs and IAs that allow for fuel conversion.

• Compulsory Online Briefing: 17 July 2026 at 09:00 (Johannesburg time) via Microsoft Teams. Link accessible 15 minutes before meeting.
• Closing Date and Time: 29 July 2026 at 23:55 (midnight).
• Clarification Deadline: Written requests for clarification must be submitted to [email protected] by 24 July 2026, 16:30.
• Link Request Deadline: Request submission link by 24 July 2026, 16:30.
• Bid Validity Period: Bids must remain open for acceptance for 120 calendar days from closing time.

• For tender queries and submission link requests: Email [email protected].
• No telephonic queries will be answered.
• All communications must be directed to the DBSA Supply Chain Management Unit via the above email.

• Submission is electronic only via a OneDrive link provided by DBSA. No physical, faxed, or emailed bids accepted.
• Request the submission link by emailing [email protected], quoting RFP106/2026. Link requests must be made by 24 July 2026, 16:30.
• Submit two separate electronic folders: Folder 1 for Pre-Qualifying Criteria and Functional Evaluation; Folder 2 for Price/Financial Proposal.
• Use official forms provided; do not re-type.
• Bids must be uploaded by 29 July 2026, 23:55 (Telkom time).
• Late bids will not be considered unless late lodgement is demonstrably caused by DBSA or a major incident.
• Bids must remain open for acceptance for 120 calendar days from closing.

1. Team Leader: Minimum 2 gas-to-power/gas-fired generation project experiences (20% weighting). 2. Supporting Team: Minimum 1 relevant project experience in gas/power, PPA amendments, or infrastructure agreements (15%). 3. Public Procurement Experience: Minimum 1 project in public procurement/regulatory matters for infrastructure/energy (25%). 4. Project Agreements Experience: Minimum 2 projects drafting/negotiating bankable agreements (PPAs, implementation agreements, fuel supply) (25%). 5. Reference Letters: Minimum 2 compliant reference letters for listed projects (15%). All criteria require documented evidence via CV templates and project lists.

Scope: To procure a Legal Transaction Advisor to provide comprehensive legal advisory services to the Independent Power Producers Office (IPP Office) for the assessment and implementation of converting two existing Peaker power plant facilities (Avon and Dedisa) from diesel to gas over a 36-month period.

Key Deliverables:

• Assessment of all proposed conversion options, risk implications, and implementation requirements.
• Negotiation and drafting of amendments/changes to the existing facilities and related project documents (Power Purchase Agreements, Implementation Agreements, etc.).
• Advisory on legal, contractual, and procurement considerations aligned with the Integrated Resource Plan (IRP) 2025, which supports gas-to-power as transitional energy.

Background: The two plants are open-cycle diesel-fired gas turbine peaking power plants with a combined capacity of 1,005 MW. Their existing PPAs and IAs expressly contemplate conversion to an alternative fuel source like natural gas.

• Team Leader must demonstrate experience leading legal advisory assignments for gas-to-power/gas-fired generation projects (minimum 2 projects).
• Supporting team member must have experience in gas-to-power projects or amending/renegotiating PPAs (minimum 1 project).
• Team must have experience providing legal advice on public procurement/regulatory matters for infrastructure/energy/PPP projects (minimum 1 project).
• Experience in drafting, reviewing, negotiating bankable project agreements (e.g., PPAs, Implementation Agreements, fuel supply agreements) is required (minimum 2 projects).
• Reference letters (minimum 2) must be on client letterhead, signed, with contact details, confirming scope, role, and satisfactory performance.

• DBSA makes no warranties about accuracy of RFP content.
• Bidders must promptly notify DBSA of any discrepancies, ambiguities, or errors in the RFP.
• DBSA may correct errors and notify all bidders.

• Pricing proposal must be submitted separately in Folder 2.
• Bidders must notify DBSA promptly of any pricing errors post-submission (excluding clerical errors).
• Attendance at compulsory briefing is a pre-qualifier.

• Pricing must be submitted separately in Folder 2 (Pricing proposal submission).
• Bidders must promptly notify DBSA of any pricing errors discovered after submission, excluding minor clerical errors.
• No specific payment terms, bonds, or guarantees are detailed in the extracted text.

Mandatory for South African Bidders:

• Register on the Central Supplier Database (CSD) and upload mandatory business, tax, and banking information.
• Submit a valid B-BBEE Status Level Verification Certificate or a sworn affidavit.

• Exempted Micro Enterprises (annual revenue ≤ ZAR10 million) must submit an auditor/verification agency certificate.

• Provide Tax Compliance Status (TCS) PIN issued by SARS, or a CSD number if no TCS is available.
• For consortia/JVs/sub-contractors, each party must submit separate proof of tax compliance.

General Compliance:

• Bidders must comply with all applicable laws, National Treasury regulations, and the Preferential Procurement Policy Framework Act (PPPFA).
• DBSA reserves the right to verify B-BBEE claims and disqualify for non-compliance.

• Bids constitute irrevocable offers and must not be conditional on board approval, due diligence, or third-party consents.
• DBSA may accept bids in part or whole, negotiate, and reserves right to cancel.
• Bidders are responsible for all bidding costs and compliance with laws.
• DBSA will perform due diligence on preferred bidder, considering litigation, performance, reputational risk, and vetting.
• Bidders warrant no reliance on unauthorised representations and no improper assistance.

• Evaluation is a three-stage process: 1) Administrative Responsiveness (Pre-Qualifiers), 2) Functional Evaluation (70% threshold), 3) Price and Preference.
• Functional criteria scored on: Team Leader experience (20%), Supporting team experience (15%), Public procurement/regulatory advice (25%), Drafting bankable agreements (25%), Reference letters (15%).
• PPPFA Regulations 2022 apply for price and preference points (80/20 or 90/10).