Mediation services for national executive disputes – government tender in gauteng

Closing date and time: 18 November 2026 at 11:00

No briefing session or site visit is mentioned in the document.

Technical enquiries:

• Contact: Ms Hlengiwe Goba
• Email: [email protected]
• All correspondence must quote the reference number.

SCM (bid process) enquiries:

• Email: [email protected]

Note: All enquiries must be made at least 2 days before the closing date.

Submission method: eTender portal

Closing time: 18 November 2026 at 11:00

• Bids must be submitted electronically via the e-Tender portal before the closing date and time.
• Bid documents must be sealed and clearly marked with the reference number SCMM 10/11/01R.

Returnable documents (all must be completed and signed):

• Quotation/financial proposal on company letterhead (mandatory).
• SBD 4 – Mediator's disclosure form: discloses any conflict of interest or employment by the state.
• ID copies of employees assigned to the project and ID copies of owner(s) – subject to security screening.
• Copy of the company/professional registration document with CIPC or relevant professional body.
• Tax compliance status or SARS tax pin.
• Copy of CSD registration or CSD registration number.
• Joint venture/consortium agreements, if applicable, including SARS pin codes for both parties and consolidated CSD registration.
• Proof of specific goals (women, youth, persons with disabilities) via CSD report – if claimed.
• Portfolio of evidence: completion certificates/letters of previous mediation work, on client letterhead, signed.
• CVs of the mediator(s) showing required experience.

Disqualification risks:

• Failure to meet mandatory or administrative compliance requirements.
• Not responding to Presidency requests for additional information within 3 working days.
• Negative security clearance outcome for the successful bidder or assigned staff.
• Failure to use DPSA consultancy rates in pricing.
• Submitting after the closing time.

Evaluation process: three phases, using the 80/20 preference point system.

Phase 1 – Mandatory and administrative compliance:

• Quotation on company letterhead (mandatory).
• Administrative documents (SBD 4, ID copies, CIPC registration, tax pin, CSD).
• If non-compliant, bidders may be given a chance to correct omissions within a reasonable period; failure to do so disqualifies them.

Phase 2 – Functional/technical evaluation (desk-top):

• Total points: 100; minimum qualifying score: 60.
• Criteria and weights:

1. Mediator's experience (portfolio of evidence): maximum 40 points.

• 0-1 completed projects: 0 points
• 2 projects: 20 points
• 3-4 projects: 25 points
• 5-6 projects: 30 points
• 7 or more projects: 40 points

2. Mediator's experience in ADR/mediation (CVs attached): maximum 30 points.

• Less than 5 years: 0 points
• 5 years: 20 points
• More than 5 to less than 8 years: 25 points
• 8 or more years: 30 points

3. Mediator's qualification: maximum 30 points.

• No qualification or one qualification: 0 points
• NQF level 7 and mediation certificate: 20 points
• NQF level 8 or more and mediation certificate: 30 points

Phase 3 – Price and specific goals:

• Price: 80 points
• Specific goals: 20 points
• Women ownership: 10 points (verified via CSD report)
• Youth ownership: 7 points (verified via CSD report)
• People with disabilities ownership: 3 points (verified via CSD report)
• Specific goals points formula: ownership percentage × allocated points / 100.
• Award made to bidder with highest combined score.

Minimum requirements:

• Minimum NQF level 7 in Law or equivalent.
• Minimum 5 years' ADR/mediation experience.
• At least 2 successfully completed mediation projects.

The Presidency seeks to appoint an independent mediator for a one-year period to resolve disputes, disagreements, or relationship breakdowns between Ministers/Executive Authorities (EAs) and Directors-General/Heads of Department (HODs) within the National Executive.

Scope:

• Provide mediation services as and when required.
• Act independently and impartially; not represent any party.

Duties:

• Conduct preliminary consultations with parties.
• Develop a mediation process and timetable.
• Facilitate individual and joint sessions.
• Help parties identify common interests and areas of disagreement.
• Encourage constructive engagement and problem-solving.
• Draft settlement agreements or certificates of non-resolution/non-settlement.
• Submit a written report to the Presidency confirming whether mediation was conducted, whether the matter was resolved, and recommendations.
• Submit all information, documentation, and transcripts to the Presidency.
• Comply with confidentiality provisions (unless disclosure is required by law, agreed in writing, or necessary to implement a settlement).

Mediator must not:

• Make binding decisions on behalf of parties.
• Act as arbitrator/adjudicator.
• Determine fault or misconduct.
• Issue directives to any party.

Process:

• Referral of matters is at the President's discretion.
• Process may involve separate consultations, joint sessions, option development, negotiation, and formalisation of settlements.

Monitoring:

• Work performed according to schedule agreed with the Presidency Project Manager.
• Regular project meetings and progress reports required.

Legislation applicable:

• PPPFA and Preferential Procurement Regulations 2022; PFMA; The Presidency SCM Policy.
• Management of career incidents governed by PSA, PSR, SMS Handbook, Executive Protocol, DPSA directives, and relevant case law.

Reporting:

• Final written report to the President at conclusion.
• Report is confidential.
• All documents/transcripts remain property of The Presidency.

Evaluation follows a three-phase approach: (1) mandatory and administrative compliance; (2) functional/technical evaluation (desk-top); (3) price and specific goals. Detailed scoring as described in the evaluation criteria section.

Mandatory experience:

• Minimum 5 years' experience in ADR, specifically mediation (CVs required).
• At least 2 successfully completed mediation projects, with portfolio of evidence (completion certificates/letters on client letterhead, signed).

Scoring of experience:

• Portfolio projects: 0-1 = 0 points, 2 = 20 points, 3-4 = 25 points, 5-6 = 30 points, 7+ = 40 points.
• Years of experience: <5 = 0 points, 5 = 20 points, >5 to <8 = 25 points, 8+ = 30 points.

Qualifications:

• Minimum NQF level 7 in Law or equivalent and a mediation certificate from an accredited institution.
• NQF level 7 + certificate = 20 points; NQF level 8 or more + certificate = 30 points.
• Copies of qualifications and proof of registration must be attached.

Pricing must be based on DPSA consultancy rates. The cost breakdown should show description, number of hours, hourly cost excl. VAT, total cost excl. VAT, subtotal excl. VAT, 15% VAT, and grand total incl. VAT. The provided table is a guide; bidders may present a customised quote.

Pricing:

• Quotation/financial proposal must be submitted on company letterhead.
• Pricing must be based on DPSA consultancy rates.
• Pricing schedule format is a guide; bidders may customise it.
• Cost breakdown should include: description, number of hours, hourly cost excl. VAT, total cost excl. VAT, subtotal, 15% VAT, and grand total incl. VAT.

Payment terms:

• The Presidency will pay in full within 30 days after submission of a valid claim/invoice, subject to services rendered to its satisfaction and according to the payment schedule in the contract.

Security clearance:

• The successful bidder and assigned staff will be subjected to security clearance; negative outcome leads to disqualification.

Mandatory:

• Company/professional registration with CIPC or relevant professional body (copy required).
• Valid tax compliance status or SARS tax pin.
• CSD registration or CSD registration number (copy required).
• CSD report for specific goals claims (women, youth, persons with disabilities).
• B-BBEE: no specific B-BBEE level threshold stated; specific goals points claimed via CSD report. Failure to provide verification forfeits specific-goal points.

Mediator-specific:

• Minimum NQF level 7 in Law or equivalent.
• Mediation certificate and registration from an accredited institution (copies required).
• Minimum 5 years' ADR/mediation experience (CVs required).
• At least 2 successfully completed mediation projects (portfolio of evidence required).
• Security clearance required for the successful bidder and assigned staff.

Joint ventures/consortiums:

• Submit a signed joint venture/consortium agreement specifying roles, responsibilities, and lead partner with power of attorney.
• SARS pin codes for both parties.
• Consolidated CSD registration.

Validity period:

• Quotations valid for 90 days from the closing date. The Presidency may extend the validity period; non-response to extension request is treated as consent.

Contract terms:

• A service level agreement/contract will be signed with the awarded mediator.
• Contract duration: 1 year, commencing on the date of signature.
• The Presidency may conduct site inspections and due diligence on shortlisted bidders before award.
• If resources change, detailed CVs of replacement mediators must be provided; new mediators must undergo security clearance before involvement.
• The Presidency may request clarification or additional information; bidders must respond within 3 working days or risk invalidation.
• The Presidency reserves the right not to award the bid.
• All information relating to the bid and evaluation is confidential; no communication with bidders until award.

Evaluation process details as described in the standard evaluationCriteria section, including the 80/20 scoring split and minimum threshold of 60/100 for functional/technical phase.