Professional legislative drafting services for higher education act 1997 amendment bill

DHET is undertaking legislative review of the Higher Education Act 1997 to strengthen governance, enhance regulatory mechanisms, and align with PSET sector policy developments. A first draft Amendment Bill has been developed and circulated for stakeholder inputs. The service provider will support review, refinement, consolidation, and finalisation of the draft Amendment Bill and associated legislative documentation.

Closing date: 26 June 2026 at 11:00. Enquiries deadline: 23 June 2026 at 12:00. No compulsory briefing session. Project duration: 2 months (8 weeks) from appointment.

No compulsory briefing session. Briefing session not applicable for this RFQ.

Email: [email protected]. Contact person: David Ntuli. Physical address: 117-123 Francis Baard Street, Pretoria (DHET Head Office).

Submit electronically to [email protected]. Include RFQ135/2026 in the email subject line. Required returnable documents: SBD 1, SBD 3.1, SBD 4, SBD 6.1, and POPIA consent form - all fully completed and signed. Quotation must be dated, signed on company letterhead, and include validity period. All prices must be VAT inclusive (non-VAT registered suppliers must indicate this clearly). Bidders must provide a detailed cost breakdown. No late submissions will be accepted. CIDB registration not required for this professional services engagement.

All Request for Quotations (RFQ) responses MUST be accompanied by the attached SBD 1, SBD 3.1, SBD 4, SBD 6.1 & POPIA consent form fully completed and signed. (Only the attached SBD Forms must be returned).

Must be registered on Central Supplier Database (CSD); Must be tax compliant with SARS; No directors/shareholders employed by state; Must have proven legislative drafting experience; Must have experience in Post-School Education and Training (PSET) sector; Project Leader must be LPC registered; Must have minimum 70 points functionality score; Must submit all required SBD forms and documentation. Bidders with directors who are persons in the service of the state are disqualified.

Legislative drafting services for the Higher Education Act 1997 Amendment Bill. Scope includes: review and refinement of existing draft Bill; analysis of stakeholder inputs; production of Comments Response Matrix; preparation of Memorandum on Objects of the Bill; SEIAS support; stakeholder engagement support; final consolidation of Amendment Bill and drafting of Government Notices where required. Project is iterative - service provider must accommodate ongoing updates and revisions. Technical requirements: proven legislative drafting expertise; qualified legal professionals (LPC registered); PSET sector experience; strong legal research capacity; quality assurance mechanisms. Key personnel required: Project Leader, Senior Legal Drafter, Legal Researcher, Support Staff.

Methodology weighted 30 points - highest scoring criterion. Must address five mandatory practices: risk management, regulatory compliance management, staff and resource management, quality control/management, and communication and stakeholder engagement. Must be tailored to project objectives, flexible to accommodate changes during execution, and specifically designed for the project's critical characteristics. Scoring: 0 points for poor methodology; 5-30 points based on number of practices addressed (one practice = 5 pts, two = 10 pts, three = 15 pts, four = 20 pts, five = 25 pts, more than five = 30 pts).

PSET sector experience (9 pts): 0 pts for no experience; 3 pts for 1 year or less; 6 pts for 2-3 years; 9 pts for more than 3 years. Legislative drafting experience (9 pts): 0 pts for none; 3 pts for 1 year or less; 6 pts for 2-3 years; 9 pts for more than 3 years. Client testimonials/references (12 pts): 0 pts for no proof; 4 pts for project completed without reference; 8 pts for one reference; 12 pts for two or more references. Key staff qualifications (15 pts): Project Leader must have completed legislative drafting program; 5 pts for less than 2 years experience; 10 pts for 2-4 years; 15 pts for more than 4 years. Legal Researcher/Drafter experience: 2-4 years documented experience required for higher scores.

Quality control is a mandatory component of the methodology submission (weighted 30 points). Bidders must demonstrate quality control/management practices in their approach. Technical requirements include quality assurance mechanisms in place. Methodology must address quality control as one of five required practices.

Submit hourly rates for: Project Leader, Senior Legal Drafter, Legal Researcher, Support Staff. Provide estimated hours per deliverable. Show cost per deliverable (hourly rate x hours). Submit total capped project cost. All prices VAT inclusive. Non-VAT registered suppliers must indicate this clearly. Bidders must do a detailed cost breakdown on quotations.

Pricing must include hourly rates for: Project Leader, Senior Legal Drafter, Legal Researcher, Support Staff. Submit estimated hours and cost per deliverable with breakdown (hourly rate x hours). Provide total capped project cost. All prices VAT inclusive. Payment per approved deliverable or monthly verified timesheets. Claims must be supported by detailed timesheets, progress reports, and submitted deliverables. No payment for work without approved deliverables or verified timesheets.

CSD registration mandatory - submit proof of registration. Tax compliance status required (SARS PIN or Tax Clearance Certificate). B-BBEE documentation: BBBEE certificate or sworn affidavit for EME/QSE. Specific goals evidence requirements: race - CIPC shareholder registration, ID copies, CSD; gender - same as race; disability - certified medical certificate; youth - CIPC registration with ID showing age 35 or younger; SMME - BBBEE certificate or sworn affidavit plus CIPC registration. Key staff qualifications: LLB or BPROC academic qualifications; Legal Practice Council registration certificates. CIDB registration not required for this professional services engagement.

Specific goals table allocates 20 points under 80/20 system. Categories: race (max 7.20 pts), gender (max 4.43 pts), disability (max 0.50 pts), youth (max 2.77 pts), SMME/EME (max 5.54 pts). Points calculated based on percentage ownership. Evidence requirements: race/gender/youth - CIPC shareholder registration, ID copies, CSD; disability - certified medical certificate; SMME - BBBEE certificate or sworn affidavit plus CIPC registration. Failure to submit proof results in forfeiture of points (not disqualification).

Not applicable to this professional services engagement. No health and safety requirements specified for legislative drafting services.

Not explicitly addressed in this tender. No environmental impact or sustainability requirements specified for this legislative drafting engagement.

Confidentiality: Service provider must maintain strict confidentiality regarding all project information. Project nature: iterative and evolving - additional inputs may be received during the project; service provider must accommodate ongoing updates and revisions. Contract governed by: Preferential Procurement Regulations 2022, General Conditions of Contract 2010, DHET Supply Chain Management policies. Department reserves right to amend scope of work subject to mutual agreement and procurement compliance.

CIDB registration not required (professional services, not construction). Department reserves right to verify bidder information and confirm financial capacity and ability of shortlisted bidders.

9.1. Bidders will be evaluated on administrative compliance, functionality and price

(80/20). – Refer to of the ToR.

10. Project duration and deliverables timeline

10.1. The project shall be completed within a period of two (2) months (eight (8)

weeks) from the date of appointment of the service provider.

10.2. The service provider must ensure that all deliverables are produced timeously

to support the Department’s legislative and Parliamentary timelines.

11. General

11.1. The Department reserves the right to amend the scope of work where

necessary, subject to mutual agreement and compliance with applicable

procurement prescripts.

11.2. The services will be procured in accordance with:

11.2.1. The Preferential Procurement Regulations, 2022.

11.2.2. The General Conditions of Contract, 2010.

11.2.3. Applicable DHET Supply Chain Management policies.

Annexure “a”: specification

Functionality scoring criteria

Table.1

Functionality Criteria Outline Weight

• Previous experience or exposure in the

Post-School Education and Training

(PSET) sector environment, policy and/or Bidder’s previous

legislation. experience or

exposure to the PSET

• Previous experience in policy and/or 9

sector environment legislative drafting.

(Please refer to breakdown

• Verifiable client(s)’ testimonials/

table on -09) reports/letters of reference or similar

documentary evidence of Policy or

legislative drafting project(s).

Documentary proof of

legislative drafting

program completion Documentary proof of legislative drafting

and experience of key program completion and experience of 15

staff. the Project Leader, Legal researcher(s)

(Please refer to breakdown and drafter(s).

table on -10)

Bidders’ submissions should include, but

not be limited to the following:

a. Risk management;

Approach / b. Regulatory compliance

Methodology management; 30

(Please refer to breakdown

c. Staff and resource management;

table on - 11)

d. Quality control; and

e. Communication and stakeholder

engagement.

The work breakdown structure or project

Project Schedule schedule must show key milestones,

(Please refer to breakdown

dependencies, deliverables, and resource 25

table on - 12)

allocation.

Total 100

Bidders must score at least 70 points to proceed to the next evaluation phase 2.

Bidder’s experience

Score Measure for a project Functionality Criteria

0 No previous experience in the PSET sector.

One year and less previous experience or

3 exposure in the PSET sector environment, Previous experience or

policy and/or legislation. exposure in the Post-

2 – 3 years of previous experience and School Education and

6 exposure in the PSET sector environment, Training (PSET) sector

policy and/or legislation. environment, policy and/or

More than 3 years of previous experience legislation.

9 or exposure in the PSET sector

environment, policy and/or legislation.

No previous experience in policy or

legislative drafting.

One year or less previous experience in

3 Previous proven

policy or legislative drafting.

experience in legislative

2 – 3 years of previous proven experience

6 drafting.

in policy or legislative drafting.

More than 3 years of previous proven

experience in policy or legislative drafting.

Has not provided proof of having completed

0 a policy or legislative drafting project.

Relevant legislative

Has provided proof of having completed a drafting or similar

4 policy or legislative drafting project but no project(s) with verifiable

reference(s) was provided or submitted. client(s)’ testimonial/

Has provided proof of having completed a reports/ letter of

8 policy or legislative drafting project and one reference

(1) reference or documentary proof was

provided or submitted.

Score Measure for a project Functionality Criteria

Has provided proof of having completed at

12 least two (2) or more legislative drafting or

similar projects and provided or submitted

references or documentary proof therefore.

Legislative Drafting Program Completion and Relevant Experience of Key Staff

Score Measure for a project Functionality Criteria

• No Project Leader and Legal

0 Researcher(s) /Drafter(s)

identified for the project.

• Project Leader has

attended/completed a legislative

drafting program with less than

two (2) years of relevant

5 At least the Project

experience; Legal

Leader and Legal

Researcher(s)/Drafter(s) with

Researcher(s)/drafter(s)

minimal or no experience in

are required to provide

policy or legislative drafting.

their CVs’, proof of

• Project Leader has

attendance/completion

attended/completed a legislative

of a legislative drafting

drafting program with 2 - 4 years

program, and

of relevant experience; Legal

10 documented relevant

Researcher(s)/Drafter(s) with 2 -

experience.

4 years of documented

experience in legislative drafting

or related fields.

• Project Leader has

15 attended/completed a legislative

drafting program with more than

Score Measure for a project Functionality Criteria

4 years of extensive experience

in legislative drafting across

various fields/sectors; Legal

Researcher(s)/Drafter(s) with

more than 4 years of

documented experience.

Approach / Methodology

The minimum requirement of ‘Methodology’ is specifically tailored to address the

specific project objectives and methods of work and is sufficiently flexible to

accommodate changes that may occur during execution. The methodology must be

specifically designed to fit the critical characteristics of the project. The bidders’

approach or methodology must include, amongst others, the following set of practices:

a. Risk management;

b. Regulatory compliance management (requirements associated with the

programmed activity);

c. Staff and resource management;

d. Quality control or management; and

e. Communication and stakeholder engagement.

Score Measure for Methodology

0 The approach or methodology is poor and unlikely to satisfy project

objectives or requirements. The bidder has misunderstood certain

aspects of the scope of work and does not deal with the critical

aspects of the project.

5 The approach or methodology is tailored to address only one practice

from the set of five practices. The approach does not adequately deal

with other practices required for the project.

10 The approach or methodology is tailored to address only two

practices from the set of five practices. The approach does not

adequately deal with other practices required for the project.

15 The approach or methodology is tailored to address only three

practices from the set of five practices. The approach does not

adequately deal with other practices required for the project.

20 The approach or methodology is tailored to address only four

practices from the set of five practices. The approach does not

adequately deal with other practices required for the project.

25 The approach or methodology is tailored to address only five

practices from the set of five practices. The approach does not

adequately deal with other practices required for the project.

30 The approach or methodology is tailored to address more than five

practices from the set of five practices. The approach does not

adequately deal with other practices required for the project.

Project Schedule

The project schedule must respond to the scope of the project and adequately cover

all programmed activities in chronological order. The work breakdown structure or

project schedule must show key milestones, dependencies, deliverables, and resource

allocation.

Score Measure for Schedule

0 No project schedule provided

5 The project schedule is clear, specific, and logical, and includes one of

the four properties: key milestones, dependencies, deliverables, and

resource allocation.

10 The project schedule is clear, specific, and logical, and includes two of

the four properties: key milestones, dependencies, deliverables, and

resource allocation.

Score Measure for Schedule

15 The project schedule is clear, specific, and logical, and includes three of

the four properties: key milestones, dependencies, deliverables, and

resource allocation.

20 The project schedule is clear, specific, and logical, and includes the four

properties: key milestones, dependencies, deliverables, and resource

allocation.

25 The project schedule is clear, specific, and logical, and includes five or

more properties of which four are key milestones, dependencies,

deliverables, and resource allocation.

Bidders will be evaluated in three (03) phases:

Price and Specific Goals

Pre-qualification Criteria Technical Evaluation Criteria

(Phase 0) (Phase 1)

(Phase 2)

Bidders must submit all bidding Bidders are required to achieve Bidders will be evaluated on

documents. a minimum of 70 points out of 80/20 points system on (80

Only bids that comply with ALL 100 points to proceed to Phase points for price and 20 for

these criteria will proceed to 2 (Price and specific goals). specific goals points).

Phase 1.

1.1 Phase 0: Administrative Compliance – Company’s registration on the

Central Supplier Database (CSD) and submission of all completed and

signed bidding documents requested by Supply Chain for Compliance.

Document that must be

submitted for bidder, [each Non-submission/non-compliance shall result in

legal persona of YES/NO

disqualification

consortium/JV] and each

subcontractor

Permission in terms of POPI

Act to utilise information

Complete and sign the attached pro-forma document

contained in documents for

procurement purpose

Invitation to Bid – Complete and sign the attached pro-forma document

Sbd 1

Tax Status i. Written confirmation that SARS may on an ongoing basis

during the period of the contract disclose the bidders tax

compliance status.

ii. In the event where the bidder submits a hard copy of the Tax

Clearance Certificate, the CSD verification outcome will take

precedence. Pin number may be provided for tax verification

status.

Document that must be

submitted for bidder, [each Non-submission/non-compliance shall result in

legal persona of YES/NO

disqualification

consortium/JV] and each

subcontractor

Declaration of Interest – NOTE! Care must be taken to list ALL “other related

SBD 4 companies” (SBD 4, par. 2.3). Failure to comply may lead to

disqualification. Should the bidder have more enterprises

to declare, such information can be provided on a separate

sheet.

Preferential Points Claim Complete and sign the attached pro-forma document

Form SBD 6.1

Registration on the Central i. The bidder must be registered as a service provider on the

Supplier Database (CSD Central Supplier Database (CSD). If not registered proceed

report) with completing the company registration prior to

submission of the proposal. Visit https://secure.csd.gov.za/

to obtain a vendor number.

ii. Submit proof of registration.

Pricing Schedule (Bidder Submit fully detailed pricing proposal

only)

1.2 Phase 1: Technical or functionality evaluation – Bidders who comply

in terms of administrative compliance will be further evaluated on

functionality as per the above table. Bidders are expected to score at

least 70 points to qualify for the next phase of evaluation.

(Please refer to functionality evaluation table on of the ToR)

1.3 Phase 2: Pricing and Specific Goals– The last phase of evaluation will

focus on the pricing and the DHET-specific goals as per the below table.

2. Specific Goals - For bidders to qualify for specific goals points they need to fully

complete the SBD forms attached and furnish supporting proof documents as

requested. Bidders who fail to submit proof documents will forfeit points on the

relevant categories.

Specific goals allocation table.

Table: 02 :

Proposal Content or Format

3. Bidders will be evaluated in terms of the PPPFA Principle 80/20 principle where

80 points will be allocated for pricing and the remaining 20 points will be

allocated for specific goals.

4. Quotations and evaluations will be subject to The Preferential Procurement

Regulations, 2022; the Supply Chain Management Policy; General Conditions of

Contract, 2010; and other applicable legislation, which in total will apply to this

request for quotations (RFQ). Services of the successful service provider will be

secured following the Department’s Procurement Policies.

5. Document to be submitted in support of the quotation

In support of their bids, bidders MUST submit the following documents:

5.1 Copy of the company Profile;

5.2 Copy of the referral/testimonial letters or affidavit;

5.3 Copy of the CV(s) of the Project Leader, Legal Researcher(s) and

drafter(s);

5.4 Copy of academic qualification (LLB or BPROC) of the Project Leader,

Legal Researcher and Drafter;

5.5 Copy of the Legal Practice Council Registration Certificate of the Project

Leader, Legal Researcher and Drafter;

5.6 Project Methodology;

5.7 Project Schedule; and

5.8 Pricing per Deliverable.

Failure to provide the required documents will result in the disqualification of

the relevant bidder at the pre-qualification stage.

6. Submission of Proposals:

10.1 Proposals must be submitted electronically to : [email protected];

10.2 The closing date of submission is 26 JUNE 2026 at 11h00.

10.3 The Department will not accept proposals that are hand delivered

and the ones that reach the Department after the closing date and

time.

Sbd 4

Bidder’s disclosure

1. Purpose of the form

Any person (natural or juristic) may make an offer or offers in terms of

this invitation to bid. In line with the principles of transparency,

accountability, impartiality, and ethics as enshrined in the Constitution of

the Republic of South Africa and further expressed in various pieces of

legislation, it is required for the bidder to make this declaration in respect

of the details required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and /

or the List of Restricted Suppliers, that person will automatically be

disqualified from the bid process.

2. Bidder’s declaration

2.1 Is the bidder, or any of its directors / trustees / shareholders / members /

partners or any person having a controlling interest1 in the enterprise,

employed by the state?

YES NO Select (x) the correct box

2.1.1 If yes, furnish particulars of the names, individual identity numbers, and,

if applicable, state employee numbers of sole proprietor/ directors /

trustees / shareholders / members/ partners or any person having a

controlling interest in the enterprise, in table below.

Full Name Identity Number Name of State

institution

2.2 Do you, or any person connected with the bidder, have a relationship

with any person who is employed by the Department of Higher

Education & Training?

YES NO Select (x) the correct box

2.2.1 If so, furnish particulars:

................................................................................................

................................................................................................

2.3 Does the bidder or any of its directors / trustees / shareholders /

members / partners or any person having a controlling interest in the

enterprise have any interest in any other related2 enterprise whether or

not they are bidding for this contract?

YES NO Select (x) the correct box

Information not stated but found on CSD, CIPC or any other system may lead to

disqualification of a bid.

2.3.1 If so, furnish particulars:

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