Procurement of legal transaction advisor to support the “independent power producers’ office” (ipp office) for the gas independent power producers procurement programme (gas ipppp) bid windows 2

Compulsory briefing on 01 September 2026 at 09:00 (Johannesburg time) via Microsoft Teams. Bidders must complete their details fully to access the session. The link is accessible 15 minutes before the meeting. Nominate a single contact person (name, email, phone) for link requests by 09 September 2026 at 16:30.

SCM queries: [email protected] (no telephone). Complaints: [email protected]. Link requests: email [email protected], quoting RFP number. All written requests for clarification must be sent to the same email.

Bids must be submitted electronically via a OneDrive link. Request the link by email to [email protected], quoting the RFP number. The link request deadline is 09 September 2026 at 16:30. No physical or emailed bids accepted. Submit in two separate folders: Folder 1 for pre-qualifying and functional evaluation, Folder 2 for the price/financial proposal. All bids must be on the official forms (not retyped). Include all returnable documents listed in Part C. Attach proof of authority to sign (e.g., board resolution). Bids must remain valid for 120 calendar days from closing.

Returnable documents include: Part A (Invitation to Bid), Part B (Terms and Conditions), Part C (Checklist), Part D (Conditions of Tendering), Part E (Specifications), Annexure A (Price Proposal), Annexure B (SBD4 Declaration of Interest), Annexure C (SBD6.1 and B-BBEE certificate), Annexure F (CIPC registration for close corporations), Annexure G (share certificates for companies), Annexure H (breakdown of fees and work if consortium), Annexure I (supporting documents for evaluation criteria), Annexure J (General Conditions of Contract), Annexure K (CSD Tax Compliance Status Report).

Three-stage evaluation. Stage 1 (administrative responsiveness): pre-qualifying criteria include compulsory briefing attendance, two-folder submission, LPC registration and admission certificates for attorneys (Team Leader and each attorney team member), partnership letter if unincorporated, signed returnable documents, CSD registration, and SARS Tax PIN. Failure in any pre-qualifying criterion leads to disqualification. Stage 2 (functional evaluation): minimum 70% threshold. Criteria: Team Leader experience in gas-to-power projects reaching financial close (25%); team member experience in gas-to-power or infrastructure projects (15%); team experience in SA procurement policies and designing RFPs for large energy/infrastructure programmes (25%); experience in gas power projects and designing bankable PPAs (20%); reference letters for projects (15%). Stage 3 (price): lowest overall price, with preference points considered per PPPFA regulations. DBSA may apply objective criteria: bidders with cumulative order book of 5 awards with outstanding value may be excluded, unless the outstanding value is ≤10% or a project has stalled for ≥6 months.

Appoint a Legal Transaction Advisor to support the IPP Office for the Gas IPPPP Bid Window 2. Scope includes: Draft the GAS IPPPP BW2 RFP(s) (including Optimisation and Final RFP) and all associated agreements (Power Purchase Agreement, Implementation Agreement, Direct Agreements, Independent Engineer Agreement); support drafting responses to bid clarification questions; evaluate bid responses; assist with commercial and financial close. Also a mandate to represent the IPP Office in disputes, claims, administrative proceedings, and reviews arising from BW2, including authority to brief counsel. The programme aims to procure 1 000 MW of new generation capacity.

Team Leader must have proven experience in legal advice on gas-to-power/gas-fired power generation projects that have reached financial close. Team members must have experience in gas-to-power or infrastructure projects. The team must demonstrate experience in SA procurement policies and designing RFPs for large energy/infrastructure programmes, and experience in gas power projects and designing bankable PPAs. Provide reference letters on client letterhead, signed, with contact details and confirmation of scope, role, and satisfactory performance.

Price/Financial Proposal to be submitted in Folder 2 using Annexure A. All costs in ZAR. The third stage of evaluation is based on lowest overall price and preference points.

Submit a Price/Financial Proposal in Folder 2 using Annexure A (Price Proposal Requirement). All costing in South African Rand (ZAR). No specific bonds, guarantees, or payment terms are stated. The third-stage evaluation is based on lowest overall price and preference points.

CSD registration (provide CSD Summary Report). SARS Tax Compliance Status PIN (or TCS certificate). B-BBEE: submit SBD6.1 and B-BBEE status level certificate (original or certified copy, or sworn affidavit for EMEs with revenue ≤R10m). SBD4 Declaration of Interest. CIPC registration documents (certified copies: Annexure F for close corporations, Annexure G for companies). For attorneys: LPC certificate of registration and good standing, and admission certificate. For unincorporated partnerships: partnership letter and resolution authorising bid. For consortia: each party to submit separate compliance documents. Foreign suppliers: complete the questionnaire in Part B (no need for SA tax compliance if no SA presence).

Subject to GCC and any Special Conditions. DBSA may award in full or part, negotiate, and conduct due diligence (judgements, criminal convictions, pending litigation, performance, reputational harm, restrictions, vetting, PEP checks, financial stability). No contract until formal written agreement. Bids must be unconditional.

DBSA may apply objective criteria: bidders with 5 or more active awards with outstanding value may be excluded, unless the outstanding value is ≤10% (project nearing completion) or a project has stalled for 6 months or more. DBSA has discretion to apply other objective criteria.

Bidders must attend the compulsory briefing. Provide LPC registration and admission certificates for the Team Leader and any attorney team members. For foreign-admitted team members, evidence of foreign admission. If an unincorporated partnership, provide a partnership letter and resolution. Submit in two folders. Be registered on CSD and provide a CSD Summary Report. Provide a SARS Tax PIN. Comply with tax obligations in the country of residence. For consortia, each party submits separate compliance documents.

Stage 1: Pre-qualifying criteria (compulsory briefing, two-folder, LPC/admission, partnership letter, standard conditions, returnable docs signed, CSD, Tax PIN). Stage 2: Functional evaluation (minimum 70%): Team Leader experience (25%), team member experience (15%), team procurement experience (25%), gas power project experience (20%), reference letters (15%). Stage 3: Price (lowest overall price plus preference points). DBSA objective criteria: cumulative order book limit of 5 awards with outstanding value. Due diligence on preferred bidder.