What are the submission requirements for this tender (Ref: RFQ1224032)?

• Submit your bid via email to Supplychain@mmsez.co.za and copy a.kutama@mmsez.co.za. • The closing date is 14 July 2026 at 11:00. Late submissions will not be considered. • Bids must be submitted on the official forms provided (not retyped) or as prescribed. • Ensure all SBD documents are fully completed, signed by an authorised person, and include proof of authority. • Do not complete the bid document in pencil or erasable ink; this will lead to disqualification. • Bidders not registered on the Central Supplier Database (CSD) must register before submission. • The bid is subject to the Preferential Procurement Policy Framework Act, 2000, its regulations, and the General Conditions of Contract (GCC). • The successful bidder will be required to sign a written contract (SBD7) and a Service Level Agreement (SLA). • MMSEZ reserves the right to cancel the bid, call interviews, conduct due diligence, and appoint the most suitable bidder. • All clarifications must be in writing (email/letter) by the cut-off date: 10 July 2026 at 12:00. Telephonic queries are not accepted. • Technical queries: M.Mokono@mmsez.co.za. Administrative queries: A.kutama@mmsez.co.za.

How will bids be evaluated?

{ "general": [ "Open to **South African and foreign bidders** (foreign bidders must complete additional questionnaires if not tax-resident in RSA).", "Bidders must **not be listed on the Register for Tender Defaulters or Restricted Suppliers**.", "No **state employees, directors/members of state-owned entities** may bid." ], "taxAndRegistration": [ "Valid **SARS TCS PIN** (or CSD number if no PIN).", "Registration on **National Treasury Central Supplier Database (CSD)**.", "VAT registration number (if applicable)." ], "bbbeeAndPreferences": [ "Preference points awarded for **B-BBEE ownership (5 pts), women equity (3 pts), youth equity (3 pts), disability (2 pts), small businesses (3 pts), Limpopo-based enterprises (3 pts), Military Veterans (2 pts)**.", "Proof of claims (e.g., CSD certificates, medical certificates for disability) must accompany bids." ], "disqualifications": [ "Failure to submit **tax compliance proof, CSD registration, or signed SBD documents**.", "Collusive bidding, fraudulent claims, or prior involvement in drafting specifications.", "Late submissions or non-compliance with administrative requirements." ] }

What are the technical specifications?

• Scope: Provide a comprehensive legal opinion on PFMA compliance regarding variation orders and addition of new scope of work in construction contracts governed by GCC. • Objectives: Assess the legal framework, determine permissible limits of variation orders, evaluate PFMA and GCC compliance, identify risks, and provide guidance and recommendations. • Key Tasks: - Review PFMA, National Treasury Regulations, SCM prescripts, GCC, relevant case law, and MMSEZ SCM Policy. - Provide a detailed legal opinion addressing whether new scope can be introduced via variations, thresholds, compliance requirements, and consequences of non-compliance. - Specifically opine on when a variation triggers a new tender, including the legal test for materiality and circumstances requiring a new procurement process. - Deliver an inception report, draft and final legal opinions, and a presentation to MMSEZ management and board. • Required Expertise: The service provider must have proven experience in construction law, procurement law, PFMA compliance, and GCC contracts.

What financial requirements apply to bidders?

• Pricing must be submitted on the SBD 3.3 Pricing Schedule (Professional Services). • Provide a ceiling price inclusive of all applicable taxes (VAT, PAYE, income tax, UIF, SDL) for the entire project. • Detail: - Hourly/daily rates for each person involved, with certified invoices to be rendered accordingly. - Cost per phase and man-days per phase. - Travel expenses (actual costs with proof). - Other expenses (e.g., accommodation, reproduction) with proof. • Indicate: - Period to commence after acceptance. - Estimated total man-days for project completion. - Whether rates are firm for the full contract period; if not, detail adjustment basis (e.g., CPI). • Bid must be valid for 180 days from the closing date.

What compliance and legal requirements must bidders meet?

• Tax Compliance: Submit SARS Tax Compliance Status (TCS) PIN or CSD number. Foreign suppliers must complete a questionnaire; if no South African tax liability, registration may not be required. • Central Supplier Database (CSD): Registration is mandatory. Provide CSD number. • B-BBEE/Preferential Procurement: Complete SBD 6.1 Preference Points Claim Form. Points are awarded for specific goals: Black ownership (5), Women equity (3), Youth equity (3), Disability (2), Small business promotion (3), Local (Limpopo) enterprise (3), Military Veterans (2). Provide supporting documentation (CSD, certificates, proof of address, etc.). • Entity Restrictions: No bids accepted from persons in the service of the state, their companies, or close corporations. • Disclosure: Complete SBD 4 Bidder’s Disclosure regarding state employment, relationships with officials, and other interests. • Professional Registrations: Lead Legal Professional must be an admitted attorney registered with a professional body; provide proof of admission and LLB qualification. • Fidelity Fund Certificate and other professional body certificates (e.g., EAAB) must be attached. • Declaration of interest and list of contactable references required.

What are the important dates and deadlines for this tender?

• Closing Date and Time: 14 July 2026 at 11:00. • Bid Validity Period: 180 days from the closing date. • Clarification Cut-off Date: 10 July 2026 at 12:00. • Project Duration: Four weeks from appointment, with deliverables: - Inception Report within 5 working days. - Draft Legal Opinion within 15 working days. - Final Legal Opinion within 20 working days. • No briefing session or site visit is mentioned.

Who should be contacted for queries about this tender?

• Submission and Administrative Queries: - Email: Supplychain@mmsez.co.za - Copy: a.kutama@mmsez.co.za • Technical Queries: - Contact Person: Mashile Mokono - Email: M.Mokono@mmsez.co.za - Telephone: 066 484 1506 • Administrative Queries: - Contact Person: Aluwani Kutama - Email: A.kutama@mmsez.co.za - Telephone: 072 247 9851 • All correspondence must quote the bid reference number.

Legal Opinion on PFMA Compliance Limpopo Economic Development Agency

DocumentTOR- Legal firms for Procurement and Construction variation orders (003).pdfReview complete

Description

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

Background: Musina Makhado Special Economic Zone (MMSEZ) SOC Ltd, a Schedule 3(D) PFMA entity and subsidiary of Limpopo Economic Development Agency, is implementing construction projects under GCC.
Need: During project implementation, variation orders may add new scope. MMSEZ requires a legal opinion to determine PFMA compliance for such variations.
Purpose: Appoint a qualified legal service provider to deliver a comprehensive legal opinion on compliance requirements for introducing additional work via variation orders in construction contracts.
Objectives: Assess legal framework, determine permissible limits, evaluate PFMA and GCC compliance, identify risks, provide guidance and recommendations.
Scope of Work: Includes legal framework review, detailed legal opinion on variation orders and new tender triggers, and recommendations on compliance procedures, controls, and documentation.

Important Dates

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf (TENDER)

Closing Date and Time: 14 July 2026 at 11:00.
Bid Validity Period: 180 days from the closing date.
Clarification Cut-off Date: 10 July 2026 at 12:00.
Project Duration: Four weeks from appointment, with deliverables:
Inception Report within 5 working days.
Draft Legal Opinion within 15 working days.
Final Legal Opinion within 20 working days.
No briefing session or site visit is mentioned.

Contact Information

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf (TENDER)

Submission and Administrative Queries:
Email: [email protected]
Copy: [email protected]
Technical Queries:
Contact Person: Mashile Mokono
Email: [email protected]
Telephone: 066 484 1506
Administrative Queries:
Contact Person: Aluwani Kutama
Email: [email protected]
Telephone: 072 247 9851
All correspondence must quote the bid reference number.

Submission Guidelines

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf (TENDER)

Submit your bid via email to [email protected] and copy [email protected].
The closing date is 14 July 2026 at 11:00. Late submissions will not be considered.
Bids must be submitted on the official forms provided (not retyped) or as prescribed.
Ensure all SBD documents are fully completed, signed by an authorised person, and include proof of authority.
Do not complete the bid document in pencil or erasable ink; this will lead to disqualification.
Bidders not registered on the Central Supplier Database (CSD) must register before submission.
The bid is subject to the Preferential Procurement Policy Framework Act, 2000, its regulations, and the General Conditions of Contract (GCC).
The successful bidder will be required to sign a written contract (SBD7) and a Service Level Agreement (SLA).
MMSEZ reserves the right to cancel the bid, call interviews, conduct due diligence, and appoint the most suitable bidder.
All clarifications must be in writing (email/letter) by the cut-off date: 10 July 2026 at 12:00. Telephonic queries are not accepted.
Technical queries: [email protected]. Administrative queries: [email protected].

Evaluation Criteria

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf (TENDER)

General

Open to **South African and foreign bidders** (foreign bidders must complete additional questionnaires if not tax-resident in RSA).
Bidders must **not be listed on the Register for Tender Defaulters or Restricted Suppliers**.
No **state employees, directors/members of state-owned entities** may bid.

Tax And Registration

Valid **SARS TCS PIN** (or CSD number if no PIN).
Registration on **National Treasury Central Supplier Database (CSD)**.
VAT registration number (if applicable).

Bbbee And Preferences

Preference points awarded for **B-BBEE ownership (5 pts), women equity (3 pts), youth equity (3 pts), disability (2 pts), small businesses (3 pts), Limpopo-based enterprises (3 pts), Military Veterans (2 pts)**.
Proof of claims (e.g., CSD certificates, medical certificates for disability) must accompany bids.

Technical Specifications

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf (TENDER)

Scope: Provide a comprehensive legal opinion on PFMA compliance regarding variation orders and addition of new scope of work in construction contracts governed by GCC.
Objectives: Assess the legal framework, determine permissible limits of variation orders, evaluate PFMA and GCC compliance, identify risks, and provide guidance and recommendations.
Key Tasks:
Review PFMA, National Treasury Regulations, SCM prescripts, GCC, relevant case law, and MMSEZ SCM Policy.
Provide a detailed legal opinion addressing whether new scope can be introduced via variations, thresholds, compliance requirements, and consequences of non-compliance.
Specifically opine on when a variation triggers a new tender, including the legal test for materiality and circumstances requiring a new procurement process.
Deliver an inception report, draft and final legal opinions, and a presentation to MMSEZ management and board.
Required Expertise: The service provider must have proven experience in construction law, procurement law, PFMA compliance, and GCC contracts.

Experience & Qualifications

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

The legal service provider must demonstrate extensive experience in public procurement law, PFMA compliance, construction contracts, GCC, and public sector legal advisory.
Lead Legal Professional: Must be an admitted attorney with an LLB. Scoring based on post-admission experience in procurement and construction law (10 years for max points).
Two Key Support Personnel: Minimum LLB or BCom Law, 3 years’ experience, registered with a related professional body. Provide CVs and certified qualifications.
Client References: Provide written, contactable reference letters on client letterhead, not older than five years, detailing the department, nature of work, duration, contact person, and signatory.
Proposal must include a list of qualified professionals with brief CVs illustrating experience and qualifications.

Quality Management

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

Goods/services must conform to standards specified in the bidding documents.
The supplier must maintain confidentiality of contract documents and information, using them only for contract performance.
The purchaser may inspect the supplier’s records and have them audited.
Inspection and testing: If required, the supplier’s premises must be open for inspection. Costs of inspections/testing are borne by the purchaser if compliant, by the supplier if non-compliant.
Non-compliant supplies/services may be rejected and must be replaced at the supplier’s cost.

Pricing Schedule

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

Use SBD 3.3 Pricing Schedule (Professional Services).
Provide a total ceiling price inclusive of all taxes.
Detail hourly/daily rates for each person involved.
Break down costs per phase with man-days per phase.
Itemise travel and other expenses (accommodation, telephone, reproduction) with rates, quantities, and amounts.
Specify period to commence after acceptance and estimated total man-days.
Indicate if rates are firm for the contract period; if not, detail adjustment basis (e.g., CPI).

Financial Requirements

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf (TENDER)

Pricing must be submitted on the SBD 3.3 Pricing Schedule (Professional Services).
Provide a ceiling price inclusive of all applicable taxes (VAT, PAYE, income tax, UIF, SDL) for the entire project.
Detail:
Hourly/daily rates for each person involved, with certified invoices to be rendered accordingly.
Cost per phase and man-days per phase.
Travel expenses (actual costs with proof).
Other expenses (e.g., accommodation, reproduction) with proof.
Indicate:
Period to commence after acceptance.
Estimated total man-days for project completion.
Whether rates are firm for the full contract period; if not, detail adjustment basis (e.g., CPI).
Bid must be valid for 180 days from the closing date.

Compliance Requirements

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf (TENDER)

Tax Compliance: Submit SARS Tax Compliance Status (TCS) PIN or CSD number. Foreign suppliers must complete a questionnaire; if no South African tax liability, registration may not be required.
Central Supplier Database (CSD): Registration is mandatory. Provide CSD number.
B-BBEE/Preferential Procurement: Complete SBD 6.1 Preference Points Claim Form. Points are awarded for specific goals: Black ownership (5), Women equity (3), Youth equity (3), Disability (2), Small business promotion (3), Local (Limpopo) enterprise (3), Military Veterans (2). Provide supporting documentation (CSD, certificates, proof of address, etc.).
Entity Restrictions: No bids accepted from persons in the service of the state, their companies, or close corporations.
Disclosure: Complete SBD 4 Bidder’s Disclosure regarding state employment, relationships with officials, and other interests.
Professional Registrations: Lead Legal Professional must be an admitted attorney registered with a professional body; provide proof of admission and LLB qualification.
Fidelity Fund Certificate and other professional body certificates (e.g., EAAB) must be attached.
Declaration of interest and list of contactable references required.

Health & Safety

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

No specific health and safety requirements are stated in the document for this professional services tender.

Environmental

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

No specific environmental requirements are stated in the document for this professional services tender.

Contractual Terms

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

The contract will be governed by the General Conditions of Contract (GCC) and any Special Conditions of Contract (SCC).
Key GCC clauses include definitions, application, standards, confidentiality, patent rights, performance security, inspections, packaging, delivery, insurance, transportation, incidental services, spare parts, warranty, payment, prices, amendments, assignment, subcontracting, delays, penalties, termination for default, force majeure, termination for insolvency, dispute settlement, limitation of liability, governing language (English), applicable law (RSA), notices, taxes and duties, and prohibition of restrictive practices.
Performance security may be required within 30 days of award, in the form of a bank guarantee or irrevocable letter of credit.
Payment terms: within 30 days of invoice submission, in Rand unless otherwise specified.
Warranty: Goods/services must be new, unused, and free from defects; warranty period as per SCC.

Special Conditions

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

MMSEZ reserves the right to appoint the most capable bidder, cancel the bid, call interviews, and conduct supplier due diligence including surprise site visits.
Bids must align with specifications; non-compliance leads to disqualification.
For sub-contracting/joint ventures, MMSEZ will contract only with the principal bidder.
CSD registration is mandatory before submission.
Do not use pencil or erasable ink.
Successful bidder must sign a Service Level Agreement (SLA).
Bid documents are confidential; no reproduction or reference to MMSEZ without written consent.
Clarifications must be in writing by 10 July 2026 at 12:00; telephonic queries not accepted.
Technical queries to [email protected]; administrative to [email protected].

Section

Source: TOR- Legal firms for Procurement and Construction variation orders (003).pdf

The evaluation criteria are detailed in the standard evaluationCriteria section. This extended section contains duplicate content; refer to the main evaluationCriteria for the complete point-by-point guidance.

Core procurement rules

These rules commonly apply to South African public-sector procurement.

Broad-Based Black Economic Empowerment Act (B-BBEE Act)

Act 53 of 2003

high

Provides the empowerment-compliance context often used in public-sector supplier evaluation.

Relevant because this is a South African public-sector procurement opportunity.

Constitution of the Republic of South Africa, 1996 – Section 217

Act 108 of 1996 (s217)

high

Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.

Relevant because this is a South African public-sector procurement opportunity.

Preferential Procurement Policy Framework Act (PPPFA)

Act 5 of 2000

high

Covers preferential procurement and preference-point systems used in public tenders.

Relevant because this is a South African public-sector procurement opportunity.

Prevention and Combating of Corrupt Activities Act (PRECCA)

Act 12 of 2004

high

Supports anti-corruption controls and supplier integrity in procurement processes.

Relevant because this is a South African public-sector procurement opportunity.

Public Procurement Act, 2024 (PPA)

Act 28 of 2024

high

Provides the national framework for public procurement across government.

Relevant because this is a South African public-sector procurement opportunity.

Promotion of Access to Information Act (PAIA)

Act 2 of 2000

medium

Supports access to tender records, award decisions and public-sector procurement information.

Relevant because this is a South African public-sector procurement opportunity. Relevant because this tender appears to involve legal services, records, administrative justice, access to information, or regulated advice.

Promotion of Administrative Justice Act (PAJA)

Act 3 of 2000

medium

Supports lawful, reasonable and procedurally fair administrative tender decisions.

Relevant because this is a South African public-sector procurement opportunity.

Issuer-specific rules

These rules are linked to the type of public body issuing this tender.

Companies Act

Act 71 of 2008

medium

Relevant to governance and reporting obligations for state-owned companies and public entities.

Relevant because this tender appears to involve financial services, accounting, auditing, actuarial, or advisory work.

Sector-specific rules

These rules are linked to the work category, industry, or regulated service area.

Financial Intelligence Centre Act (FICA)

Act 38 of 2001

medium

Relevant to financial services, audit, accounting, KYC and anti-money-laundering obligations.

Relevant because this tender appears to involve financial services, accounting, auditing, actuarial, or advisory work.

Legal opinion on PFMA compliance for construction contract variation orders (1-Month assignment)

Legal opinion on PFMA compliance for construction contract variation orders (1-Month assignment)

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Financial Services Industry Profile

Regulatory Bodies

Typical Documents

Core procurement rules

Broad-Based Black Economic Empowerment Act (B-BBEE Act)

Constitution of the Republic of South Africa, 1996 – Section 217

Preferential Procurement Policy Framework Act (PPPFA)

Prevention and Combating of Corrupt Activities Act (PRECCA)

Public Procurement Act, 2024 (PPA)

Promotion of Access to Information Act (PAIA)

Promotion of Administrative Justice Act (PAJA)

Issuer-specific rules

Companies Act

Sector-specific rules

Financial Intelligence Centre Act (FICA)

Limpopo - Economic Development Agency

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