Appointment of a legal expert to draft regulations for and advise on the public service amendment act, 2025 and the public administration management amendment act, 2025

Closing date: 26 August 2026 at 11:00. Compulsory briefing session: 19 August 2026, 10:00–11:00, at DPSA Auditorium, 3rd Floor, Batho Pele House, 546 Edmond Street (C/O Hamilton Street), Arcadia. Attendance is compulsory; failure to attend results in disqualification. Bidders must register their proposals in the submission register at the DPSA reception. The Information Session Certificate must be signed by both DPSA and the bidder and form part of the bid document.

There will be a compulsory briefing session on 19 August 2026 @ 10:00–11:00 at DPSA Auditorium, 3rd Floor, Batho Pele House, 546 Edmond Street (C/O Hamilton Street), Arcadia. Failure to attend will result in disqualification. Bidders must register their proposals/bids in the submission register at the DPSA reception. An information session certificate must be signed by both DPSA and the bidder and form part of the bid document.

Bidding procedure enquiries: Lorraine Masenya / Mmapula Kotsokoane, Tel: 012 336 1126 / 012 336 1389. Technical enquiries: Mmasetshaba Letwaba, Tel: 012 336 1636, Email: [email protected].

Bids must be hand-delivered to the DPSA, Directorate: Supply Chain Management at Batho Pele House, 546 Edmond Street, Arcadia, Pretoria, on or before the closing date and time. The bid must be endorsed with the words 'BID THE APPOINTMENT OF A LEGAL EXPERT' and submitted in one original and five hard copies. Bids must be submitted on the official forms provided (not re-typed) and include fully completed and signed Standard Bidding Documents (SBD) and support documentation. Late bids will not be considered. Bidders must register their proposals in the submission register at the DPSA reception. Returnable forms include: SBD 1 (Invitation to Bid), SBD 3.3 (Pricing Schedule – Professional Services), SBD 4 (Declaration of Interest), SBD 6.1 (Preference Points Claim), and the Information Session Certificate signed by both DPSA and the bidder. Proof of CSD registration and a SARS Tax Compliance Status PIN or CSD number must be provided. For consortia/joint ventures, each party must submit a valid Tax Clearance Certificate. Failure to comply with any mandatory requirement will result in disqualification.

Bid documents must be endorsed with the words 'BID THE APPOINTMENT OF A LEGAL EXPERT' and hand-delivered to DPSA, Directorate: Supply Chain Management at Batho Pele House, 546 Edmond Street, Arcadia, Pretoria on or before the closing date and time. The bid must be submitted in one original and five hard copies. Fully completed and signed Standard Bidding Documentation (SBD) forms and associated support documentation must be included. The bid checklist includes: proof of CSD registration, valid Tax Clearance Certificates for all consortium/joint venture parties, fully completed and signed SBD 6.1, and completed SBD 1, SBD 3.3, Declaration of Interest (SBD 4), SBD 6.1, and information session certificate.

Evaluation is in two stages: functionality and then price/specific goals. Functionality is scored out of 100 points with a minimum threshold of 70 points; bidders scoring below 70 are not considered further. Functionality criteria and weights: Law Firm Experience (15 points), Lead Legal Practitioner Qualifications (20), Lead Legal Practitioner Experience (20), Legal Practitioner (Senior Associate) Qualifications (10), Legal Practitioner (Senior Associate) Experience (5), Legal Practitioner (Associate) Qualifications (5), Legal Practitioner (Associate) Experience (5), Methodology (5), Client References (5). Shortlisted bidders may be invited to present at their own cost. Responsive bids are then adjudicated on the 80/20 preference point system: 80 points for price, 20 points for specific goals. Specific goals: Black Equity Ownership (8 points), Women Equity Ownership (6), Persons Living with Disabilities Equity Ownership (3), Youth Ownership (3). Price points are calculated using the formula Ps = 80(1 - (Pt - Pmin)/Pmin). Points for specific goals are added to price points. If two or more bids tie on total points, the contract is awarded to the bidder with the highest specific goal points; if still tied, by drawing lots. The department may, on reasonable grounds, award to a bidder that did not score the highest points.

The Department of Public Service and Administration seeks to appoint a public administration legal expert to draft regulations for and advise on the Public Service Amendment Act, 2025 and the Public Administration Management Amendment Act, 2025. Scope of work: draft the necessary regulations for the Amendment Acts; advise orally or in writing on questions pertaining to the Acts; participate as an expert in meetings of the Department/Task Team and other forums; advise on comments and written input from stakeholders; ensure technical quality, adherence to best practice and consistency with the Constitution and other legislation; conduct comparative research. Required competencies: legislative drafting skills and experience, expert knowledge of public administration and management, constitutional law, and local and international trends and practices. The Service Provider reports to the Acting Chief Director: Legal Services and receives written instructions from them. Project duration is 6 months, extendable by a further 3 months if required; the regulations to operationalise the PS Amendment Act must be completed within 3 months (including public comment phase) following appointment. The written proposal must include: availability of the Service Provider, understanding of the scope of work, rates per hour (financial proposal), and how quality and value for money will be ensured.

The methodology must address: (a) Approach – strategy for addressing each allocated task and corresponding action plan; (b) Communication – primary point of contact and proposed frequency and methods of communication; (c) Resources – percentage of work allocation and availability for each resource; (d) Risk management – methodology to identify, assess and mitigate risks; (e) Quality Assurance – methods to ensure work quality. The methodology is scored out of 5 points.

Bidders must provide proof of law firm experience (e.g., Legal Practice Council proof, profile, reference letters) and qualifications of lead and other legal practitioners (academic certificates, CVs with post-article experience and track record). The lead legal practitioner must hold at least an LLB and be an admitted attorney. Client references must be signed and verifiable, not older than 60 months, on client's letterhead, including duration of relationship, description of services, and client satisfaction level. Reference letters not reflecting all required information will be allocated the lowest score.

Pricing must be submitted on SBD 3.3 (Pricing Schedule – Professional Services). The offer must be valid for 90 days from the closing date. Bidders must quote a total cost for the assignment inclusive of VAT, provide a total cost breakdown, indicate the period required for commencement after acceptance of the bid, and state whether rates are firm for the full period; if not firm, provide the basis for adjustments (e.g., CPI). The financial proposal must include an hourly rate. Additional pricing must contain the price per line item, including delivery costs. Prices are fixed for the duration of the project. Travel and accommodation costs directly related to the project will be borne by the Department, subject to negotiation and not exceeding applicable departmental rates. Payment will be made in South African Rands, not later than 30 days after submission of invoices, and only for services rendered on specified dates.

Bidders must be registered on the Central Supplier Database (CSD) and provide proof of registration. Bidders must be tax compliant and provide a SARS Tax Compliance Status (TCS) PIN or CSD number; a printed TCS certificate may also be submitted. For consortia/joint ventures, each party must submit a separate TCS certificate/PIN/CSD number. No bids will be considered from persons in the service of the state, companies with directors who are persons in the service of the state, or close corporations with members who are persons in the service of the state. Bidders must not be listed on the Register for Tender Defaulters or the List of Restricted Suppliers. The law firm must provide proof from the Legal Practice Council. Mandatory submission requirements: company profile with clear indication of understanding of scope of work and years of experience; three current detailed references (contract description, contract value, client and client contact details); all Standard Bidding Documents duly completed and signed. Failure to comply with any mandatory requirement results in disqualification.

The Service Provider will enter into a service level agreement with the Department regulating the period of agreement, project objectives and scope, roles and responsibilities, method of communication, dispute resolution mechanisms, and termination of agreement. The Service Provider must exercise all reasonable skill, care and diligence, warrant that services are of high quality and correspond to the highest professional standards, and promptly correct any performance that does not meet required standards. The Department may terminate the agreement if there is clear evidence of non-performance. The Department reserves the right to claim penalties and remedies in the event of non-performance, delays and missed deadlines. All project information belongs to the Department, which has exclusive rights over its use; the Service Provider must not disclose it without written permission. Service Providers must hold the TOR and all bid information in strict confidence. Non-Disclosure Agreements (NDAs) are required before commencing work. The Code of Conduct for Public Servants applies to the Service Provider's employees. Security screening, including criminal background checks, will be conducted on all onsite employees.

The project duration is 6 months, extendable by a further 3 months if required. The regulations to operationalise the PS Amendment Act must be completed within 3 months (including public comment phase) following appointment. The actual commencement date will be agreed upon between the Department and the Service Provider. The Service Provider will report to the Acting Chief Director: Legal Services and will receive written instructions from them. Meetings will be held as deemed necessary. Payment will only be made for services rendered on specified dates, in South African Rands, not later than 30 days after submission of invoices. The Service Provider must provide a detailed breakdown of estimated costs to complete the project.

Mandatory submission requirements: a) Company profile with clear indication of understanding of scope of work and number of years' experience in providing services of this nature; b) Three current detailed references (contract description, contract value, client and client contact details) in relation to provision of services of this nature; c) All Standard Bidding Documents duly completed and signed. Failure to comply will result in disqualification. Bidders must submit proof of registration on the Central Supplier Database (CSD). For consortia/joint ventures, each party must submit a valid Tax Clearance Certificate. Bidders must ensure tax compliance and provide a SARS PIN or CSD number. No bids will be considered from persons in the service of the state or companies with directors who are persons in the service of the state.

Evaluation will be based on functionality and price. Functionality criteria include: Law Firm Experience (15 points), Lead Legal Practitioner Qualifications (20 points), Lead Legal Practitioner Experience (20 points), Legal Practitioner (Senior Associate) Qualifications (10 points), Legal Practitioner (Senior Associate) Experience (5 points), Legal Practitioner (Associate) Qualifications (5 points), Legal Practitioner (Associate) Experience (5 points), Methodology (5 points), Client References (5 points). Total functionality score is 100%, with a minimum threshold of 70%. Bidders scoring below 70 will not be considered further. Shortlisted bidders may be invited to make presentations at their own cost. Responsive bids will be adjudicated on the 80/20 preference point system: 80 points for price, 20 points for specific goals (Black Equity Ownership 8, Women Equity Ownership 6, Persons Living with Disabilities Equity Ownership 3, Youth Ownership 3). Price formula: Ps = 80(1 - (Pt - Pmin)/Pmin). Points for specific goals are added to price points. If equal total points, the contract is awarded to the bidder with the highest specific goal points; if still equal, by drawing lots. The department may award to a bidder that did not score the highest points on reasonable grounds.