Appointment of legal practitioners (law firms, attorneys, and fidelity fund advocates) with b-bbee requirements

This tender is for the appointment of legal practitioners (law firms, attorneys, including Fidelity Fund advocates) by the Education, Training and Development Practices SETA.

Submit the SBD 6.1 Preference Points Claim Form as part of your tender. Failure to submit required proof or documentation for specific goals will result in no preference points being awarded. The organ of state may request substantiation of claims at any time.

Price must be a written offer in response to the invitation, including all applicable taxes and excluding unconditional discounts. The rand value is the total estimated contract value, including taxes, at the time of bid invitation.

Price must include all applicable taxes and exclude unconditional discounts. The rand value of the contract is the total estimated value, including all taxes, calculated at the time of bid invitation.

B-BBEE compliance is required for preference points. Submit one of the following for verification: SANAS-accredited B-BBEE Certificate, CIPC B-BBEE Certificate, or Sworn Affidavit. Additional documents may include: ID copies of directors/owners, company registration, CIPC/NPC/NPO/CBO documents, proof of municipal account (for local business promotion), and medical reports (for disabled-owned businesses). Failure to submit proof forfeits preference points. Fraudulent claims may result in disqualification, cost recovery, contract cancellation, business restrictions (up to 10 years), or criminal prosecution.

Preference points for B-BBEE are awarded under two goals: Ownership (max 15 points) and Economic Reconstruction and Recovery Programmes (max 5 points). Ownership points are allocated for: 100% Black-owned (8 points), 51%+ Black-owned (2 points), 100% Black women-owned (4 points), 51%+ Black women-owned (1 point), 51%+ Youth-owned (2 points), 51%+ Disabled-owned (1 point). Economic Reconstruction points are allocated for: SMME/QSE/EME (2 points), Cooperatives/NPCs/NPOs/CBOs (2 points), Business located in the required province (2 points), Business located in South Africa (1 point). Supporting documents include B-BBEE Certificates (SANAS/CIPC), affidavits, ID copies, company registration, municipal accounts, and medical reports. No points are awarded if not explicitly claimed.

Bidders must certify that all information and preference points claimed are true and correct. The organ of state may require documentary proof of claims at any time. Fraudulent claims or non-fulfillment of contract conditions may result in: disqualification from the tender process, recovery of costs/losses/damages, contract cancellation with damages claimed, restriction from obtaining business from any organ of state for up to 10 years, or criminal prosecution. The tenderer must sign and date the declaration, providing company/firm name, registration number, and type (e.g., Partnership, Close Corporation, (Pty) Ltd).

Preference points are awarded under the 80/20 or 90/10 system based on tender value. The 80/20 system applies to tenders up to R50,000,000, and the 90/10 system applies to tenders above R50,000,000. The organ of state may use either system if the value is unclear, with the lowest/highest acceptable tender determining the applicable system. Points are split as 80 for price and 20 for specific goals.

General scope:

• The tender pertains to the appointment of legal practitioners, including law firms, attorneys, and fidelity fund advocates.
• The General Conditions of Contract (GCC) apply to all bids, contracts, and orders, including professional services.
• Special Conditions of Contract (SCC) may supplement or override the GCC for specific bids.
• The purpose is to outline the rights and obligations of all parties involved in doing business with the government.

Submission requirements:

• Special Conditions of Contract (SCC) must be compiled separately for each bid (if applicable) and will supplement the General Conditions of Contract (GCC).
• In case of conflict between SCC and GCC, the SCC provisions will take precedence.
• The GCC forms part of all bid documents and cannot be amended.
• Bidders must ensure all required documents are submitted as per the SCC and GCC.
• Pre-bidding testing costs are for the bidder’s account.
• Bids must be submitted in English, as per GCC Clause 29.
• All correspondence and documents must be in English.

Scope and standards:

• Goods and services must conform to the standards specified in the bidding documents and SCC.
• The supplier must ensure all goods are new, unused, and of the most recent models, incorporating all recent design and material improvements.
• Goods must be free from defects in design, materials, or workmanship under normal use conditions.
• Warranty period: 12 months after delivery and acceptance at the final destination, or 18 months after shipment from the source country, whichever is earlier (unless otherwise specified in SCC).
• Supplies may be inspected, tested, or analyzed at any stage. Non-compliant supplies will be rejected at the supplier’s cost and risk.
• Supplier must replace or repair defective goods at no cost to the purchaser if notified within the warranty period.
• Packing must prevent damage or deterioration during transit and comply with contract specifications.
• Supplier must provide packing sufficient to withstand rough handling, extreme temperatures, and other transit risks.
• Delivery must comply with the terms specified in the contract and SCC.
• Supplier must provide all required shipping and delivery documents as specified in the SCC.

Quality assurance and control:

• Goods and services must conform to the standards specified in the bidding documents and SCC.
• Supplier’s premises must be open for inspection at all reasonable hours if inspection is a bid condition.
• Purchaser may arrange inspections during the contract period if not initially specified, with costs covered by the purchaser if supplies comply, or by the supplier if they do not.
• Non-compliant supplies may be rejected, and the supplier must remove and replace them at their own cost and risk.
• Supplier must permit the purchaser to inspect and audit performance-related records.

Payment and pricing:

• Payment method and conditions will be specified in the SCC.
• Supplier must submit an invoice with a copy of the delivery note and fulfill all other contract obligations.
• Payments will be made within 30 days of invoice submission.
• Payments will be in South African Rand unless otherwise stipulated in the SCC.
• Prices must not vary from those quoted in the bid, except for adjustments authorized in the SCC or bid validity extension request.
• Performance security: Successful bidder must provide performance security within 30 days of contract award notification. Amount and form (bank guarantee, irrevocable letter of credit, or cashier’s/certified cheque) will be specified in the SCC.
• Performance security will be discharged and returned within 30 days of contract completion, including warranty obligations.
• Penalties for late delivery: Deductions from the contract price calculated using the current prime interest rate for each day of delay. Purchaser may also terminate the contract.
• Supplier is responsible for all taxes, duties, and levies (local suppliers until delivery; foreign suppliers for all taxes outside the purchaser’s country).
• No contract will be awarded to bidders without a valid tax clearance certificate from SARS.

Compliance and legal:

• Supplier must indemnify the purchaser against third-party claims of patent, trademark, or industrial design infringement.
• Supplier must not disclose contract documents or information without the purchaser’s prior written consent.
• All contract-related documents remain the purchaser’s property and must be returned upon request after contract completion.
• Supplier must permit the purchaser to inspect and audit performance-related records.
• Supplier must notify the purchaser of any subcontracts awarded and remains liable for all obligations under the contract.
• Supplier cannot assign contract obligations without the purchaser’s prior written consent.
• Corrupt or fraudulent practices may result in contract termination and a restriction penalty (prohibition from doing business with the public sector for up to 10 years).
• Supplier must provide a valid tax clearance certificate from SARS before contract award.
• Contracts are subject to South African law unless otherwise specified in the SCC.
• All correspondence and contract documents must be in English.
• National Industrial Participation Programme (NIPP) applies to contracts subject to NIP obligations, as administered by the Department of Trade and Industry.

Special Conditions of Contract (SCC):

• SCC are compiled separately for each bid (if applicable) and supplement the General Conditions of Contract (GCC).
• In case of conflict between SCC and GCC, the SCC provisions will take precedence.
• SCC will specify unique requirements such as performance security amounts, payment terms, delivery schedules, and inspection details.

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Submit the completed SBD4 (Bidder’s Disclosure) form as part of your bid. Key points:

• The form must be signed and dated by an authorised representative.
• Disclose any state employment, relationships with procuring institution staff, or interests in related enterprises.
• Failure to provide true and complete information will result in disqualification.
• Bids submitted without this form or with false declarations will be rejected.
• Joint ventures/consortia may communicate internally without being deemed collusive.

Required returnable document:

• SBD4 (Standard Bidding Document 4: Bidder’s Disclosure) must be completed, signed, and submitted with the bid.

Disqualification applies to: (1) persons/entities listed on the Register for Tender Defaulters, (2) persons/entities on the List of Restricted Suppliers, (3) bidders who fail to disclose state employment relationships, (4) bidders with undisclosed relationships with procuring institution employees, (5) bidders found to have collusive bidding arrangements. All bidders must be in good standing with no corrupt activities or restrictive practices related to bids and contracts.

Mandatory compliance requirements:

• Complete and submit the SBD4 Bidder’s Disclosure form.
• Disclose if the bidder or any director/trustee/shareholder/member/partner (or person with controlling interest) is employed by the state. Provide full names, ID numbers, and state employee numbers if applicable.
• Disclose any relationship with employees of the procuring institution.
• Disclose any interest in related enterprises bidding for this contract.
• Certify that the bid was prepared independently, without collusion with competitors.
• Certify no prior consultation with procuring institution officials (except for bid clarification).
• Acknowledge that false declarations may lead to:
• Bid disqualification.
• Reporting to the Competition Commission (administrative penalties under Competition Act No. 89 of 1998).
• Criminal investigation by the National Prosecuting Authority (NPA).
• Restriction from public sector business for up to 10 years (Prevention and Combating of Corrupt Activities Act).

General requirements:

• Any natural or juristic person may submit a bid.
• Bidding must align with principles of transparency, accountability, impartiality, and ethics (Constitution of South Africa).
• Bidders must complete the SBD4 disclosure form as part of the bid submission.
• Collusion with competitors (on pricing, specifications, market allocation, or bid intentions) is prohibited.
• Joint ventures/consortia are exempt from collusion rules for internal communications.
• Bidders may not have been involved in drafting the tender specifications or terms of reference.
• Suspicious bids may be investigated by the Competition Commission or NPA, with potential penalties including fines or blacklisting for up to 10 years.

ETDP SETA seeks to appoint diverse legal service providers (law firms, attorneys, including Fidelity Fund Advocates) to supplement its internal legal unit. The objective is to provide a range of legal services on an 'as and when required' basis throughout the contract duration. This addresses broader legal matters and issues that cannot be handled internally due to operational constraints.

Bid documents available from 12h00 on 10 June 2026 on www.etdpseta.org.za (Supply Chain Management > Open RFQs). Non-compulsory virtual briefing session: 19 June 2026, 11h00–13h00. Access details available from 18 June 2026 on www.etdpseta.org.za. Questions accepted until 22 June 2026 at 16h30. Closing date for submissions: 01 July 2026 at 11h00.

All enquiries must be in writing and directed to: Supply Chain Management, Email: [email protected]. No telephonic or other forms of communication permitted. Attempts to influence the adjudication process will result in immediate disqualification.

Submit all documents electronically via email to [email protected]. Organize submissions into three folders: Folder A (Stage 1: Administrative Requirements), Folder B (Stage 2: Phase A - Mandatory Requirements and Phase B - Functionality Evaluation), and Folder C (Stage 3: Price and Specific Goals). Ensure all relevant documents are included for efficient evaluation. ETDP SETA will not be responsible for missing information. Late, incomplete, or unsigned bids will not be accepted. Bids must remain valid for 120 days. All suppliers must be registered on the Central Supplier Database. Deregistered, blacklisted, or de-registering companies will not be considered. ETDP SETA reserves the right to negotiate prices or cancel the bid without awarding.

Scope of work includes but is not limited to: Vetting and reviewing contractual documents and Service Level Agreements. Conducting legal research. Providing legal opinions. Drafting letters of demand. Debt recovery and collection. Drafting, serving, and filing pleadings for litigation (initiation or defense). Perusing pleadings, summons, and statements of claim. Serving and filing legal documents (motion, action, urgent applications). Attending consultations (telephonic and face-to-face). Attending offices of Deputy Sheriffs, respondents, defendants, and courts. Representation in various Courts of Law. Representation at arbitration and related tribunals. Drafting, serving, and filing appeals, petitions, and notices of leave to appeal. Briefing counsel and attending consultations/court with counsel. Preparing and taxing bills. Facilitating/following up on criminal cases. Services are required on an 'as and when needed' basis. Contract duration: 24 months, subject to budget approval beyond MTEF/MTDP.

Bidders must provide references for Engagement Manager(s), Project Manager(s), or Lead Attorney(s). Failure to provide references results in no points. Required details for each reference: name of bidder and project, project objectives, duration, satisfaction with service quality, recommendation, and confirmation of completed projects. References must be signed and on the referee’s company letterhead. Team qualifications: Admitted Attorneys (20 points), Qualifications (NQF 10: 20, NQF 9: 15, NQF 8: 10), Engagement Manager/Project Manager/Lead Attorney experience (5 years+: 5 points). The submitted project team must remain unchanged for the contract duration. Any changes require ETDP SETA notification and proof that new members have equal or better qualifications/experience.

Submit a costing model with final prices (inclusive of VAT) and signed. Use the provided template. Include rates per hour, per day, or flat/collapsed fees for each service and level of seniority. Services: Representation in High/Labour Court, reviewing/vetting contracts, drafting/responding to legal documents, arbitration representation, bill preparation/taxation, consultations, legal opinions, postage/receivables, subsistence/travel tariffs, admin expenses, escalation rate. Evaluation based on total average rate per hour. Also submit SBD 6.1 (Preferential Points Claim Form) for specific goals. 80/20 preference point system: Price (80), Specific Goals (20). Top 6 bidders with highest total points (price + specific goals) will be considered.

Submit a costing model with final prices (inclusive of VAT) and signed. Use the provided template without modification. Include average rates per hour, per day, or flat/collapsed fees for each service and level of seniority (Director, Senior Associate, Associate, Professional Assistant). Services include: Representation in High and Labour Court, reviewing/vetting contracts, drafting/responding to legal documents, arbitration representation, bill preparation/taxation, consultations (telephonic/face-to-face), legal opinions (per folio/page), postage/receivables, subsistence/travel tariffs, admin expenses, and escalation rate. A day is 8 hours of active work. Consultations: minimum 15 minutes per transaction. Drafting: 100 words per 15 minutes. Collapsed fee applies if work does not last a full day. All pricing in ZAR. Evaluation based on total average rate per hour. Also submit SBD 6.1 (Preferential Points Claim Form) if claiming preferential points.

Stage 1 (Administrative Compliance): Submit fully completed and signed SBD 1 (Invitation to Bid), SBD 4 (Declaration of Interest), and General Conditions of Contract (GCC). Provide SARS Unique Security PIN for tax verification. Stage 2: Phase A (Mandatory Requirements): Submit Proof of CIPC registration. Proof of registration with Legal Practice Council (LPC) for law firms/individuals (Fidelity Fund Advocates). Company/Individual Profile for law firm and its Legal Practitioners. Joint Venture Agreement (if applicable). Letter of Good Standing from LPC for all Attorneys. Proof of Trust Account (not current account) for Law Firm/Fidelity Fund Advocate. Complete Fidelity Fund Certificate (LPC-issued) for each Legal Practitioner operating a trust account. COIDA Letter of Good Standing (unless firm has one Legal Practitioner or bidder is a Fidelity Fund Advocate). Failure to submit any mandatory document results in disqualification. B-BBEE: Submit valid certified B-BBEE Certificate (SANAS/CIPC) or signed Sworn Affidavit for specific goals. Joint ventures must submit consolidated B-BBEE Certificate. Central Supplier Database registration is mandatory.

The successful service provider must sign a Service Level Agreement (SLA) aligned with Government Conditions of Contract (GCC). Contract duration: maximum 24 months, effective from the date of the last signature on the SLA. Contract initiation includes a commencement meeting. Periods outside the Medium-Term Expenditure Framework (MTEF) or Medium-Term Development Plan (MTDP) require further budget approval. ETDP SETA reserves the right to negotiate prices, cancel the bid, or not award it. All content and materials developed remain the property of ETDP SETA. Service providers must hand over all materials and seek permission to use ETDP SETA as a referral.

ETDP SETA does not bind itself to appoint the highest-scoring bidder. ETDP SETA reserves the right to negotiate prices or cancel the bid without awarding. Late, incomplete, or unsigned bids will not be accepted. Bidders must submit a valid B-BBEE Certificate (SANAS/CIPC) or signed Sworn Affidavit for specific goals. Specific goals will not be allocated without supportive documents. Bids must remain valid for 120 days. Joint ventures must submit a consolidated B-BBEE Certificate. Deregistered/blacklisted companies or those in CIPC de-registration will not be considered. ETDP SETA owns all content/materials; sharing information requires permission. Struck-off or unregistered Legal Practitioners and blacklisted companies are disqualified.

This costing model must not be modified at all and if retyped (for each year of service and level of seniority for legal practitioners to be utilised or legal services to be provided) all line items in order as stated below should be included. PROVINCE: HEAD OFFICE – GAUTENG DESCRIPTION OF SERVICES TO BE RENDERED: (Year 1 and Year 2) PER HOUR* PER DAY COLLAPSED FEE Level or Seniority of Attorney: i.e. Director, Senior Associate, Associate or Professional Assistant and Service Level Agreements documents/affidavits/pleadings and serving of documents Provision of legal opinions (Per folio or Page): Postage and Receivables (Please indicate) e.g. email sending, receiving, printing, perusal. Subsistence and Travel Tariffs (Per kilometre) Admin Expenses (Disbursements and other incidental expenses) Escalation Rate (Percentage Per Annum)

• This document is a sworn affidavit template for a B-BBEE Exempted Micro Enterprise (EME).
• An EME is defined as an enterprise with an annual total revenue of R10 million or less.
• The affidavit requires declaration of:
• Enterprise details (name, registration number, VAT number, address, entity type, nature of business).
• Percentage Black Ownership using the flow-through principle.
• Percentage Black Female Ownership.
• Percentage Black Designated Group Ownership, with a breakdown for Youth, Disabled, Unemployed, Rural, and Military Veterans.
• Confirmation of the B-BBEE Level Contributor based on ownership:
• 100% Black Owned: Level One (135% recognition).
• At least 51% Black Owned: Level Two (125% recognition).
• Less than 51% Black Owned: Level Four (100% recognition).
• The affidavit must be signed by a duly authorised Member/Director/Owner and commissioned.
• The sworn affidavit is valid for 12 months from the date signed by the commissioner.

• The document provides definitions from the B-BBEE Act:
• 'Black People' means Africans, Coloureds and Indians who are South African citizens by birth, descent, or naturalisation (with specific conditions related to 27 April 1994).
• 'Black Designated Groups' includes unemployed Black people, Black youth, Black persons with disabilities, Black people living in rural/underdeveloped areas, and Black military veterans.
• The affidavit requires declaration of:
• Percentage Black Ownership.
• Percentage Black Female Ownership.
• Percentage Black Designated Group Ownership, with a breakdown for Youth, Disabled, Unemployed, Rural, and Military Veterans.
• The enterprise must confirm its annual total revenue is R10 million or less to qualify as an Exempted Micro Enterprise (EME).
• Bidders must confirm their B-BBEE Level Contributor by ticking the applicable box:
• 100% Black Owned: Level One (135% procurement recognition).
• At least 51% Black Owned: Level Two (125% procurement recognition).
• Less than 51% Black Owned: Level Four (100% procurement recognition).