Panel of private attorney firms – KZN government tender (RFB)

N. B.: THIS FORM IS ONLY TO BE COMPLETED WHEN APPLICABLE TO THE APPLICATION. Goods/Service/Work: _____________________________________________________________________ ________ *********** This is to certify that (Applicant’s representative name) _____________________________________________________ On behalf of (company name) ______________________________________________________________________________ Visited and inspected the site on ______/_________ (date) and is therefore familiar with the circumstances and the scope of the service to be rendered. _______________________________________________ (PRINT NAME) DATE: ____/____________ ________________________________________________

{"name":null,"email":"[email protected]","phone":"033 2642652","department":"al website on 22 June 2026 under the tab “questions and","address":"91 Prince Alfred Street"}

Returnable Documents: 2) Certified copy of Identity document/s", 4.4. Company registration number: .....................................................................

SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted e.g. company resolution) DATE: .................................

Annexure B Category selection Yes Yes

Annexure C CV format – practicing Yes Yes

attorneys

Annexure D CV format – support staff Yes Yes

Annexure E Record of attendance to Yes Yes

matters

Initials: ____________

Section c: special conditions of contract

3.1 The appointment to the Department’s panel of attorneys will be for a period of three (3) years from the

date of appointment to the panel.

3.2 Only legal practices established in accordance with the provisions of the Legal Practice Act No. , as amended will be considered for this tender.

3.3 The requirements of the Preferential Procurement Policy Framework Act, 2000 (Act No. ) will

be applicable to the selection process in respect of this tender.

3.6 A contract may be signed with each member appointed to the panel.

3.7 Successful firms of attorneys will be required to sign confidentiality and indemnity agreements with

the Department.

3.8 The basis of engaging firms of attorneys will be on an assignment basis and successful firms will be

assigned work as and when required. For every assignment, a letter of appointment will be issued to

the assigned firm of attorneys.

3.9 The cost of every assignment will be negotiated with the successful panel members.

3.10 The appointment to the Department’s panel of attorneys does not guarantee assignment of any work

to any of the successful firms of attorneys.

3.11. The Department reserves the right to interview panel members that are short-listed for specific

assignments.

3.12 The Department may, at its sole discretion, award an assignment or any part thereof to more than one

panel member.

3.13 A firm of attorneys assigned any work may not cede, assign or sub-contract any part thereof to any

person unless with the written consent of the Department or as may be required by the applicable

laws, for instance, where correspondent attorneys may be necessary.

3.14 The firms of attorneys will also be required to ensure transfer of skills to in-house legal advisors of the

Department.

3.15 More experienced firms may be required to “twin” with other firms of lesser experience on the panel,

to transfer skills in order to ensure transformation of the legal sector.

3.16 Assignments awarded in the last three months of the term of appointment will be allowed to continue

after expiry of the term of the appointment.

3.17 The firms of attorneys must declare any interest it has in an assignment as well as declare any possible

conflict of interest with the Department in the pursuance of the proposed assignment.

3.18 In the event that any conflict of interest is discovered during the assignment, the Department reserves

the right to summarily cancel the agreement and demand that all information, documents and property

of the Department be returned forthwith.

3.19 All copyright and intellectual property rights that may result as consequences of the work to be

performed will be become the property of the Department.

3.20 Firms of attorneys must hand over all documents and information in any format, including copies

thereof, that it received from the Department or that it had

Initials: ____________

3.21 Firms of attorneys shall deliver to the Department, on completion of an assignment, any security

devices, passwords or protective mechanisms to the soft versions of documents that were written,

and the Department will have the right to amend and change these without obligation whatsoever to

the firms of attorneys upon completion of the assignment.

3.22 Firms with female partners, partners from previously disadvantaged race groups and disabled

partners are encouraged to apply and will be given preference.

3.23 The general conditions of tender, contract and order will be applicable to this application.

3.24 If it is desired to make more than one offer against any individual item, such offers should be given on

a photocopy of the page in question. Clear indication thereof must be stated on the schedules

attached.

Initials: ____________

Section d: special instructions and notices to bidders

Regarding the completion of bidding forms

Please note that this bid is subject to treasury regulations 16a issued in terms of

The public finance management act, 1999, the kwazulu-natal supply chain

Management policy framework.

1. Unless inconsistent with or expressly indicated otherwise by the context, the singular shall include the

plural and visa versa and with words importing the masculine gender shall include the feminine and

the neuter.

2. Under no circumstances whatsoever may the bid forms be retyped or redrafted. Photocopies of the

original bid documentation may be used, but an original signature must appear on such photocopies.

3. The bidder is advised to check the number of pages and to satisfy himself that none are missing or

duplicated.

4. Bids submitted must be complete in all respects.

5. Bids shall be lodged at the address indicated not later than the closing time specified for their receipt,

and in accordance with the directives in the bid documents.

6. Each bid shall be addressed in accordance with the directives in the bid documents and shall be

lodged in a separate sealed envelope, with the name and address of the bidder, the bid number and

closing date indicated on the envelope. The envelope shall not contain documents relating to any bid

other than that shown on the envelope. If this provision is not complied with, such bids may be rejected

as being invalid.

7. All bids received in sealed envelopes with the relevant bid numbers on the envelopes are kept

unopened in safe custody until the closing time of the bids. Where, however, a bid is received open,

it shall be sealed. If it is received without a bid number on the envelope, it shall be opened, the bid

number ascertained, the envelope sealed and the bid number written on the envelope.

8. A specific box is provided for the receipt of bids, and no bid found in any other box or elsewhere

subsequent to the closing date and time of bid will be considered.

9. No bid sent through the post will be considered if it is received after the closing date and time stipulated

in the bid documentation, and proof of posting will not be accepted as proof of delivery.

10. No bid submitted by telefax, telegraphic or other electronic means will be considered.

11. Bidding documents must not be included in packages containing samples. Such bids may be rejected

as being invalid.

12. Any alteration made by the bidder must be initiated.

13. Use of correcting fluid is prohibited

14. Use of erasable pen is prohibited

15. Bids will be opened in public as soon as practicable after the closing time of bid.

16. Where practical, prices are made public at the time of opening bids.

17. Bidder must initial each and every page of the bid document.

Initials: ____________

Section e: registration on the central suppliers database

1. In terms of the National Treasury Instruction Note, all suppliers of goods and services to the State are

required to register on the Central Suppliers Database.

2. Prospective suppliers should register on the CSD website www.csd.gov.za

3. If a business is registered on the Database and it is found subsequently that false or incorrect

information has been supplied, then the Department may, without prejudice to any other legal rights or

remedies it may have.

3.1 cancel a bid or a contract awarded to such supplier, and the supplier would become liable for any

damages if a less favorable bid is accepted or less favorable arrangements are made.

4. The same principles as set out in paragraph 3 above are applicable should the supplier fail to request

an update of its information on the Central Suppliers Database, relating to changed particulars or

circumstances.

5. If the supplier is not registered at the closing time of application, the

Supplier will be disqualified at the application evaluation process.

Initials: ____________

Section f: declaration that information on central supplier

Database is

Correct and up to date

(To be completed by bidder)

THIS IS TO CERTIFY THAT I (name of bidder/authorized representative)

.................................................................., Who

REPRESENTS (state name of bidder)

........................................................................................................CSD Registration

Number.................................................

AM aware of the contents of the central supplier database with respect to the

Bidder’s details and registration information, and that the said information is

Correct and up to date as on the date of submitting this bid.

And i AM aware that incorrect or outdated information may be a cause for

Disqualification of this bid from the bidding process, and/or possible cancellation

Of the contract that may be awarded on the basis of this bid.

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

Signature of applicant or authorised representative

Date: ....................................................

Initials: ____________

Sdb 4

Section g: bidder’s disclosure

Purpose of the form

Any person (natural or juristic) may make an offer or offers in terms of this invitation to application. 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 applicant

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 application process.

Applicant’s declaration

2.1 Is the applicant, 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

2.1.1 If so, 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

___________________

1 Joint venture or Consortium means an association of persons for the purpose of combining

their expertise, property, capital, efforts, skill and knowledge in an activity for the

execution of a contract.

Initials: ____________

2.2 Do you, or any person connected with the application, have a relationship with any person who is

employed by the procuring institution? YES/NO

2.2.1 If so, furnish particulars:

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

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

2.3 Does the applicant 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 related enterprise whether

or not they are application for this contract? YES/NO

If so, furnish particulars:

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

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

Part a: invitation to bid .....................................................................................................................3-4

Part b: terms and conditions for bidding ................................................................................. 5

Section b: list of all returnable & compulsory documents ......................................6-7

Section c: special conditions of contract .......................................................8-9

Section d: special instructions and notices to bidders regarding the

Completion of bidding forms ..........................................................................................................10

Section e: registration on the central suppliers database ......................................... 11

Section f: declaration that information on central supplier database is

Correct and up to date ........................................................................................................................12

Section g: bidder’s disclosure .................................................................................................. 13-15

Section h: preference points claim form in terms of the preferemtial

Procurement regulations 2022..........................................................................16-26

Section i: official briefing session/site inspection certificate ....................................27

Section j: evluation process of CONTRACT...................................................................28-33

Section k: general conditions of contract...................................................................... 34-43

Section l: authority to sign a bid...................................................................................................44

Annexure a: terms of reference/ specifications .............................................................45-48

Annexure b: cv format ........................................................................................................................49

Annexure 1: category selection.............................................................................50

Initials: ____________

Part a: invitation to bid sbd1

Initials: ____________

Section i: official briefing session/site inspection certificate

Tax compliance status system pin code from the south african revenue service

Tax compliance requirements

CSD Registration

Central supplier database is

Central Supplier Database

Central supplier database with respect to the

2) Certified copy of Identity document/s"

4.4. Company registration number: .....................................................................

Section e: registration on the central suppliers database

required to register on the Central Suppliers Database.

2. Prospective suppliers should register on the CSD website www.csd.gov.za

an update of its information on the Central Suppliers Database, relating to changed particulars or

2. Tax compliance requirements

Read Only for bidding (SBD 1)

B-BBEE Minimum Level: One

B-BBEE Details: SWORN AFFIDAVIT – B-BBEE EXEMPTED MICRO ENTERPRISE

I, the undersigned,

Full name & Surname

Identity number

Hereby declare under oath as follows:

The contents of this statement are to the best of my knowledge a true reflection of the facts.

I am a member / director / owner of the following enterprise and am duly authorized to act on its behalf:

Enterprise Name

Trading Name (If

Applicable):

Registration Number

Enterprise Physical

Address:

Type of Entity (CC,

(Pty)

Ltd, Sole Prop etc.):

Nature of Business:

Definition of “Black As per the Broad-Based Black Economic Empowerment Act as

People” Amended by Act No “Black People” is a generic term which

means Africans, Coloureds and Indians –

who are citizens of the Republic of South Africa by birth or descent;

or

who became citizens of the Republic of South Africa by naturalisationi-

before 27 April 1994; or

on or after 27 April 1994 and who would have been entitled to acquire citizenship

by naturalization prior to that date;”

Initials: ____________

Definition of “Black “Black Designated Groups means:

Designated Groups” unemployed black people not attending and not required by law to attend an

educational institution and not awaiting admission to an educational institution;

Black people who are youth as defined in the National Youth Commission Act of

1996;

Black people who are persons with disabilities as defined in the Code of Good

Practice on employment of people with disabilities issued under the Employment

Equity Act;

Black people living in rural and under developed areas;

Black military veterans who qualifies to be called a military veteran in terms of the

Military Veterans Act ;”

I hereby declare under Oath that:

The Enterprise is ______________% Black Owned as per

I hereby declare under Oath that: The Enterprise is ______________% Black Owned as per Amended Code Series 100 of the amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No as amended by Act No , The Enterprise is ______________% Black Female Owned as per Amended Code Series 100 of the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No as Amended by Act No , The Enterprise is ______________% Black Designated Group Owned as per Amended Code Series 100 of the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No as Amended by Act No , Black Designated Group Owned % Breakdown as per the definition stated above: Black Youth % = ______________% Black Disabled % =______________% Black Unemployed % =______________% Black People living in Rural areas % = ______________% Black Military Veterans % =______________% Based on the Financial Statements/Management Accounts and other information available on the latest financial year-end of _____________, the annual Total Revenue was R10,000,000.00 (Ten Million Rands) or less Please Confirm on the below table the B-BBEE Level Contributor, by ticking the applicable box. 100% Black Owned Level One (135% B-BBEE procurement recognition level) At least 51% Black Level Two (125% B-BBEE procurement recognition level) Less than 51% Black Level Four (100% B-BBEE procurement recognition Owned level)

original bid documentation may be used, but an original signature must appear on such photocopies.

section 59 of the Competition Act No and or may be reported to the National Prosecuting Authority

(NPA) for criminal investigation and or may be restricted from conducting business with the public sector for

a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No

or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS CORRECT.

2) Certified Copy of Identity Document/s"

3. Bid appeal tribunal (bat)

3.1 The bidder must, within five working days of receipt of the notification of an award, deliver written notification

of an intention to appeal.

3.2 All award notifications will be published on the departmental website, and where applicable in the relevant

newspapers. Service providers will also be notified through an official notification letter.

3.3 The bidder may, together with the notification of intention to appeal under paragraph (2) of the KZN SCM

3.4 The Bid Adjudication Committee or a delegate of an accounting officer must deliver to the appellant the

written reasons requested under paragraph (3) of the KZN SCM Policy Framework within ten working days.

3.5 The appellant must, within ten working days of receipt of the written reasons delivered under paragraph (4)

of the KZN SCM Policy Framework, or, failing a request for written reasons under paragraph (3) of the KZN

SCM Policy Framework, within ten working days of giving notice under paragraph (2) of the KZN SCM

without unnecessary elaboration the grounds and basis of the appeal and the nature of the complaint.

Initials: ____________

3.6 Upon receipt of a notice of intention to appeal, the Bid Appeals Tribunal must notify other bidders who may

be adversely affected by the appeal, in writing of the appeal and invite them to respond within five working

days.

3.7 Award notification on the e-tender portal will only be published once a confirmation of no appeals has been

received from Provincial Treasury, therefore, no appeals will be considered after the award information has

been published on the ETender portal.

BAT finds its establishment in the Treasury Regulation 16A9.3 and Section 18(1) of the KwaZulu-Natal

Supply Chain Management Policy Framework. Treasury Regulation 16A9.3 empowers National and

Bid Appeals Tribunal. In line with Paragraph 19 of the KZN SCM Policy Framework of 2006 the following

procedure must be followed to lodge an appeal:

1.11 Services Providers note that registration on to the database does not guarantee any award of a contract.

matters

Initials: ____________

Section c: special conditions of contract

3.1 The appointment to the Department’s panel of attorneys will be for a period of three (3) years from the

date of appointment to the panel.

3.2 Only legal practices established in accordance with the provisions of the Legal Practice Act No. , as amended will be considered for this tender.

3.3 The requirements of the Preferential Procurement Policy Framework Act, 2000 (Act No. ) will

be applicable to the selection process in respect of this tender.

3.6 A contract may be signed with each member appointed to the panel.

3.7 Successful firms of attorneys will be required to sign confidentiality and indemnity agreements with

the Department.

3.8 The basis of engaging firms of attorneys will be on an assignment basis and successful firms will be

assigned work as and when required. For every assignment, a letter of appointment will be issued to

the assigned firm of attorneys.

3.9 The cost of every assignment will be negotiated with the successful panel members.

3.10 The appointment to the Department’s panel of attorneys does not guarantee assignment of any work

to any of the successful firms of attorneys.

3.11. The Department reserves the right to interview panel members that are short-listed for specific

assignments.

3.12 The Department may, at its sole discretion, award an assignment or any part thereof to more than one

panel member.

3.13 A firm of attorneys assigned any work may not cede, assign or sub-contract any part thereof to any

person unless with the written consent of the Department or as may be required by the applicable

laws, for instance, where correspondent attorneys may be necessary.

3.14 The firms of attorneys will also be required to ensure transfer of skills to in-house legal advisors of the

3.15 More experienced firms may be required to “twin” with other firms of lesser experience on the panel,

to transfer skills in order to ensure transformation of the legal sector.

3.16 Assignments awarded in the last three months of the term of appointment will be allowed to continue

after expiry of the term of the appointment.

3.17 The firms of attorneys must declare any interest it has in an assignment as well as declare any possible

conflict of interest with the Department in the pursuance of the proposed assignment.

3.18 In the event that any conflict of interest is discovered during the assignment, the Department reserves

the right to summarily cancel the agreement and demand that all information, documents and property

of the Department be returned forthwith.

3.19 All copyright and intellectual property rights that may result as consequences of the work to be

performed will be become the property of the Department.

3.20 Firms of attorneys must hand over all documents and information in any format, including copies

thereof, that it received from the Department or that it had

Initials: ____________

3.21 Firms of attorneys shall deliver to the Department, on completion of an assignment, any security

devices, passwords or protective mechanisms to the soft versions of documents that were written,

and the Department will have the right to amend and change these without obligation whatsoever to

the firms of attorneys upon completion of the assignment.

3.22 Firms with female partners, partners from previously disadvantaged race groups and disabled

partners are encouraged to apply and will be given preference.

3.23 The general conditions of tender, contract and order will be applicable to this application.

3.24 If it is desired to make more than one offer against any individual item, such offers should be given on

a photocopy of the page in question. Clear indication thereof must be stated on the schedules

attached.

Initials: ____________

Section d: special instructions and notices to bidders

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that the

points claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for

the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in

paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4

and 4.2, the Bidder may be required to furnish documentary proof to the satisfaction of the organ

of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions

of contract have not been fulfilled, the organ of state may, in addition to any other remedy it may

have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of

having to make less favourable arrangements due to such cancellation;

(d) recommend that the tenderer or Bidder, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted from

Initials: ____________

obtaining business from any organ of state for a period not exceeding 10 years,

after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer(s)

Surname and name: ................................................................

Date: ...............................................................

Initials: ____________

Eme’s and qse’s must complete the following applicable affidavit form to claim

Preference points

Sworn affidavit – b-bbee exempted micro enterprise

1.5 Respondents are informed that only those respondents who are compliant with the admission criteria as set out in the registration form will be considered. 1.6 The applicant must be registered on the National Treasury Central Supplier Database 1.7 The applicant must be registered with SARS and all taxes matters are to be in order. 1.8 The applicant is not a joint venture. The applicant either may be a sole proprietor, partnership or registered as a legal form of an entity. 1.9 The applicant or any of its directors must not be listed on the Register of Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector. 1.10 The applicant must not, within the preceding three years, have been terminated or was in litigation with the department on any previous contract and have been given written notice to this effect by the Department of

Pt−Pmin

Ps= 80(1− )

Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

4. Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations, preference

points must be awarded for specific goals stated in the tender. For the purposes of this tender the

tenderer will be allocated points based on the goals stated in table 1 below as may be supported by

proof/ documentation stated in the conditions of this tender:

Initials: ____________

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it

is unclear whether the 80/20 or 90/10 preference point system applies, an organ of state must, in the

tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10

preference point system will apply and that the highest acceptable tender will be used to

determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will apply

and that the lowest acceptable tender will be used to determine the applicable preference point

system, then the organ of state must indicate the points allocated for specific goals for both the

90/10 and 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

Note to tenderers: The tenderer must indicate how they claim points for each preference point

system.)

Number of points

The specific goals allocated points in terms Applicable or allocated

of this tender are as follows: Not Applicable (80/20 system)

Ownership by People Living with Disabilities Applicable 5

Documentary Proof Required:

1) Original or Certified copy of an original

medical certificate from a registered medical

practitioner

2) Certified copy of Identity document/s"

Ownership by Black People Applicable 5

Documentary Proof Required:

1) Sworn Affidavit; signed and dated by

Commissioner of Oaths

Ownership by People who are Women Applicable 10

Documentary Proof Required:

1) Sworn Affidavit; signed and dated by

Commissioner of Oaths

2) Certified Copy of Identity Document/s"

Initials: ____________

Declaration with regard to company/firm

4.3. Name of company/firm...............................................................................

4.4. Company registration number: .....................................................................

4.5. Type of company/ firm

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety

 Close corporation

 Public Company

 Personal Liability Company

 (Pty) Limited

 Non-Profit Company

 State Owned Company

[Tick applicable box]

4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify that the

points claimed, based on the specific goals as advised in the tender, qualifies the company/ firm for

the preference(s) shown and I acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in

paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4

and 4.2, the Bidder may be required to furnish documentary proof to the satisfaction of the organ

of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the conditions

of contract have not been fulfilled, the organ of state may, in addition to any other remedy it may

have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of

having to make less favourable arrangements due to such cancellation;

(d) recommend that the tenderer or Bidder, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted from

Initials: ____________

obtaining business from any organ of state for a period not exceeding 10 years,

after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

Signature(s) of tenderer(s)

Surname and name: ................................................................

Date: ...............................................................

Initials: ____________

Eme’s and qse’s must complete the following applicable affidavit form to claim

There are 3 (three) evaluation phases in the selection process

2.1 Phase 1: administrative compliance

Check and verify compliance with the submission and completion of the compulsory Bid Documents

Failure to comply with any of the sections contained in the Bid Document that constitute step 1 will

Render the Bid invalid.

Compliance with Bid Regulations (registration with CSD and other prescript requirements)

2.2 Phase 2: mandtory criteria submission requirements

Firms of attorneys who do not submit one or more of the following items will be regarded as non-responsive:

The following must be included in the application: ✓

2.2.1. Proof of registration with the relevant Legal Practice Council.

2.2.2. A valid fidelity fund certificate issued in terms of the Legal Practice Act, No .

2.2.3. Letter of Good Standing with the relevant Legal Practice Council, dated within the last 12

months.

2.2.4. A firm must provide area of category they wish to bid for as indicated in Annexure B.

Should the service provider wish to apply for more than one category they must provide

their three proofs of evidence per each category and indicate same in Annexure B.

Failure to indicate a category and failure to submit three separate proofs of evidence for

each category will lead to an automatic disqualification.

NOTE: If a firm has more than one area of specialty, the firm must provide the required

examples for each area of specialty, e.g. 3 from construction, plus 3 from procurement, plus

3 from commercial (in total 9 examples).

2.2.5. Company Profile of the application of the bidder and areas of specialty:

The Company profile must indicate

1.1 Company profile with minimum number of two practicing attorneys in the firm

1.2 Proof that the bidder firm has been in existence and in practice for a continuous

period of at least five years, and with at least one partner having ten years’ post-

admission experience

1.3 Two qualified, experienced support staff members

The CV format used to indicate the above is attached as per Annexure C and D

2.2.6. Record of attendance to matters – firms to complete Annexure E. Note: For each area of

specialty, the bidder is to provide proof of evidence of the communication used – sample or

communication record invoices, etc. One proof of evidence per category is required.

Initials: ____________

2.4. Phase 3: specific goals

Specific goals for the tender and points claimed are indicated per the table below.

When the service providers are invited for quotation in a specific category, twenty (20) points will be

awarded for specific goals.

(Note to applicants: The applicant must indicate how they claim points for each preference point system.)

Number of points

The specific goals allocated points in allocated

Applicable

terms of this tender (80/20 system)

(To be completed by the organ of state)

Ownership by People Living with Applicable 5

Disabilities

Documentary Proof Required:

1) Original or Certified copy of an original

medical certificate from a registered

medical practitioner

2) Certified copy of Identity document/s"

Ownership by Black People. Applicable 5

Documentary Proof Required:

1) Sworn Affidavit; signed and dated by

Commissioner of Oaths

Ownership by People who are Women Applicable 10

Documentary Proof Required:

1) Sworn Affidavit; signed and dated by

Commissioner of Oaths

2) Certified Copy of Identity Document/s"

3. Bid appeal tribunal (bat)

3.1 The bidder must, within five working days of receipt of the notification of an award, deliver written notification

of an intention to appeal.

3.2 All award notifications will be published on the departmental website, and where applicable in the relevant

newspapers. Service providers will also be notified through an official notification letter.

3.3 The bidder may, together with the notification of intention to appeal under paragraph (2) of the KZN SCM

Policy Framework, deliver a request for written reasons for the award of the said bid.

3.4 The Bid Adjudication Committee or a delegate of an accounting officer must deliver to the appellant the

written reasons requested under paragraph (3) of the KZN SCM Policy Framework within ten working days.

3.5 The appellant must, within ten working days of receipt of the written reasons delivered under paragraph (4)

of the KZN SCM Policy Framework, or, failing a request for written reasons under paragraph (3) of the KZN

SCM Policy Framework, within ten working days of giving notice under paragraph (2) of the KZN SCM

Policy Framework, submit written representations to the Bid Appeals Tribunal, indicating sufficiently and

without unnecessary elaboration the grounds and basis of the appeal and the nature of the complaint.

Initials: ____________

3.6 Upon receipt of a notice of intention to appeal, the Bid Appeals Tribunal must notify other bidders who may

be adversely affected by the appeal, in writing of the appeal and invite them to respond within five working

days.

3.7 Award notification on the e-tender portal will only be published once a confirmation of no appeals has been

received from Provincial Treasury, therefore, no appeals will be considered after the award information has

been published on the ETender portal.

BAT finds its establishment in the Treasury Regulation 16A9.3 and Section 18(1) of the KwaZulu-Natal

Supply Chain Management Policy Framework. Treasury Regulation 16A9.3 empowers National and

Provincial Treasury to establish a mechanism to consider complaints and make recommendations for

remedial actions to be taken for the non-compliance with the norms and standards. Section 18(1) of the

KZN SCM Policy Framework empowers the MEC for Finance to establish an independent and impartial

Bid Appeals Tribunal. In line with Paragraph 19 of the KZN SCM Policy Framework of 2006 the following

procedure must be followed to lodge an appeal:

The address provided for the lodging of appeals is:

Email: [email protected]

The Chairperson

Bid Appeals Tribunal

Private Bag X9082

Pietermaritzburg

3200

Initials: ____________