Appointment of attorney(s) for debt collection legal services – dawid kruiper municipality (36-Month ad-hoc contract) – TN035/2026

• Closing date: Friday, 07 August 2026 at 14:00.
• Bids will be opened immediately after closing in the Councillor Chambers at the Municipal Offices.
• No briefing session or site visit is mentioned in the document.

• The Accountant: Tenders (Martilee van Rooi) and Manager: Supply Chain Management (Michael Rooi) within the Supply Chain Management Unit may communicate with tenderers for clarity after closing date and before award.
• All communication with the SCM office must be in writing.
• Submission address: Dawid Kruiper Municipality, Head Office building, Mutual Street, Upington, Northern Cape.
• No email or phone numbers are provided in the document.

• Submit a sealed bid, clearly marked with the tender reference and title, to the Municipal tender box before or at 14:00 on Friday, 07 August 2026.
• Bids will be opened immediately after closing in the Councillor Chambers at the Municipal Offices.
• Complete the entire bid document without any alteration, modification, deletion, editing, or formatting changes. Incomplete or altered documents will not be considered.
• Only original signed documents will be accepted; faxed or emailed bids are not allowed.
• Complete and return the following forms: Summary of items and bid price, MBD 1, MBD 4, MBD 6.1, MBD 7.2, MBD 8, and MBD 9.
• Attach all compulsory documentation; bids without them will be deemed non-responsive.
• Initial each page of the tender document.
• Provide proof of authority (e.g., company resolution) as per MBD 1.
• Submit a full updated CSD report (not summarized).
• Submit a copy of the municipal account not older than 3 months and not in arrears for more than 90 days. If not liable for municipal levies, provide a sworn affidavit and/or valid lease agreement.
• Ensure prices are valid for at least 120 days from closing date and are inclusive of VAT.

The following forms, Summary of items and bid price, MBD 1, MBD 4, MBD 6.1, MDB 7.2, MBD 8 and MBD 9, must be completed.

• Bids will be evaluated in three phases: Administrative, Mandatory, and Technical Compliance (Functionality).
• Phase 1 (Administrative): Compliance with legislative and bid requirements, including submission of MBD forms and proof of authority.
• Phase 2 (Mandatory): Submission of Admission Certificates (Court Order), valid Certificate of Good Standing from the South African Legal Practice Council, and valid Fidelity Fund Certificate as per Section 84 of the Legal Practice Act.
• Phase 3 (Functionality): Minimum 70% functionality score required to proceed. Functionality is scored out of 375 points (So) and calculated as Fp = So/375 x 100.
• Functionality criteria and weights:
• Submission of Admission Certificates (Court Order): 10 points
• Valid Certificate of Good Standing: 10 points
• Valid Fidelity Fund Certificate: 10 points
• Level of expertise and qualifications of personnel: 25 points (based on combined years post-qualification experience: 5-10 yrs = 5, 11-15 = 10, 16-20 = 15, 20-25 = 20, 26+ = 25)
• Proof of similar work performed: 10 points (based on number of reference letters: 1 = 1, 2 = 4, 3 = 6, 4 = 8, 5+ = 10)
• Proof of well-established law firm: 10 points (based on years established: <1 = 1, 1-3 = 4, 4-5 = 6, 6-8 = 8, >8 = 10)
• Bids scoring less than 70% functionality will be disqualified.
• After functionality, bids will be evaluated according to the Preferential Point Scoring System as per the Council's Supply Chain Management Policy.
• The lowest or only bid will not necessarily be accepted.

• Scope: Appointment of attorney(s) to render legal services on an ad-hoc basis for 36 months, primarily for debt collection and related legal proceedings.
• Services include: Summons, Judgements, Credit Listing, Warrant of Executions, Section 65 proceedings, and all other legal proceedings pertaining to the collection process.
• The collection process consists of soft collection (legal tracing, proactive reminders via SMS/email/letter, telephone calls) and hard collection (summons, pleading, judgement, warrant of execution, credit bureau listing).
• The successful tenderer must:
• Assess and report on prospects and cost-effectiveness of debt recovery; advise in writing of irrecoverable matters.
• Not accept work if there is a conflict of interest (e.g., debtor is their client).
• Have sound knowledge of local government and public sector legislation.
• Have proven success record in debt collection.
• Supply own resources (offices, personnel, vehicles, equipment).
• Have access to necessary infrastructure and sufficient finance experience in the public sector.
• Be willing to change management report formats at own cost if required.
• Handle debtors under administration or debt review, and act in business rescue and liquidation matters.
• Not settle or compromise claims or initiate litigation without Municipality's approval.
• Ensure correct debtor identification by comparing with Registrar of Deeds information.
• Comply with Magistrate's Court Act, Debt Collectors Act, and Municipality's policies.
• Maintain accurate records of payments, fees, and balances; collect each debt on an individual matter basis.
• Report progress monthly.
• Ensure all payments by debtors are made directly to Dawid Kruiper Municipality's Absa primary bank account.

• The collection process shall consist of soft and hard collection methods.
• Soft collection: legal tracing, proactive reminders (SMS, email, reminder letter, letter of demand), telephone calls.
• Hard collection: summons, pleading, judgement, warrant of execution, credit bureau listing.
• The Municipality expects a high standard of delivery and all reasonable steps to recover debt speedily, cost-effectively, and appropriately.
• The successful tenderer must assess and report on prospects and cost-effectiveness of debt recovery; advise in writing of irrecoverable matters.
• In case of debtor failing to pay after summons, proceed with judgement and execution only after Municipality's approval.
• If debtor defends, inform Municipality and do not proceed unless instructed.
• Maintain adequate and correct records of payments, fees, and balances; collect each debt on an individual matter basis.
• Inform Municipality of any changes to debtor's personal information.
• Report progress monthly.
• All payments by customers must be paid directly to Dawid Kruiper Municipality's Absa primary bank account.

• Bidders must submit CVs for each proposed team member, including certified copies of qualifications (certification not older than 3 months) and total years' experience post qualification.
• Points are allocated based on combined years of experience: 5-10 years = 5 points, 11-15 = 10, 16-20 = 15, 20-25 = 20, 26+ = 25.
• Proof of similar work performed must be in the form of reference letters on client's letterhead; no appointment letters, emails, or company profiles accepted.
• Points for similar work: 1 reference letter = 1 point, 2 = 4, 3 = 6, 4 = 8, 5+ = 10.
• Proof of well-established law firm: Fidelity Fund Certificate or CIPC registration date; points based on years established: <1 = 1, 1-3 = 4, 4-5 = 6, 6-8 = 8, >8 = 10.
• The successful tenderer must have sound knowledge of local government and public sector legislation, and a proven success record in debt collection.

• The supplier must conform to the standards mentioned in the bidding documents and specifications.
• The supplier must maintain adequate and correct records of payments, fees, and balances.
• The supplier must collect each debt on an individual matter basis with separate accounts and files.
• The supplier must report progress monthly.
• The supplier must ensure all collection methods comply with applicable legislation and policies.
• The supplier must provide a high standard of delivery and recover debt speedily and cost-effectively.

• Prices must be quoted according to the price schedules and specifications.
• Prices must be valid for at least 120 days from closing date.
• Prices must be firm and inclusive of VAT.
• The Municipality may appoint up to three suppliers.
• Payment will be according to agreed rates as offered and accepted.
• The Municipality will pay for reasonably incurred disbursements.
• No charge for local travelling, no surcharge, and no drawing fee on invoices.
• Invoices must be broken down per item with full narration.
• Interim bills may be submitted at appropriate intervals.
• The Municipality will endeavour to settle invoices within 30 days of receipt.
• Tariffs not covered in the pricing schedule must be negotiated and agreed in writing.
• Tariffs must be categorised for High Court, Lower Courts (regional and magistrate), and Non-Litigious matters.
• Rates must be scheduled for day/hourly rates for general work, drafting, perusal, study, research, and court work; charges for photocopies, telephone calls, emails; and travel and subsistence expenses.
• Rates shall be on attorney and own client scale unless fixed in the pricing schedule, per the SLA.

• Must be registered on National Treasury's Central Supplier Database (CSD) and submit proof (full updated CSD report).
• Must submit completed MBD forms: MBD 1, MBD 4, MBD 6.1, MBD 7.2, MBD 8, MBD 9.
• Must submit proof of authority (e.g., company resolution) as per MBD 1.
• Must submit a copy of municipal account not older than 3 months and not in arrears for more than 90 days; if not liable, provide sworn affidavit and/or valid lease agreement.
• Must have tax matters in order; SARS certification required prior to award.
• Must not have municipal rates and taxes or service charges in arrears.
• Must not have engaged in corrupt or fraudulent practices or collusive bidding; may be blacklisted for up to 10 years.
• Must comply with the Competition Act regarding restrictive practices.
• Must submit Admission Certificates (Court Order), valid Certificate of Good Standing from the South African Legal Practice Council, and valid Fidelity Fund Certificate as per Section 84 of the Legal Practice Act.
• Must provide CVs for each proposed team member with certified copies of qualifications (certification not older than 3 months) and total years' experience post qualification.
• Must provide proof of similar work performed (reference letters on client's letterhead only; no appointment letters, emails, or company profiles).
• Must provide proof of well-established law firm (Fidelity Fund Certificate or CIPC registration date).

• No specific health and safety requirements are mentioned in the tender document for this legal services contract.

• The contract between Dawid Kruiper Municipality and the successful bidders shall come into effect after the Legal Services Provider has been appointed by the Municipality.
• Once appointed, the Municipality may assign work to the legal practitioner as and when a need arises.
• The following will form part of the contract documents: Bid Documents, Letter of Appointment, Award Letters, Acknowledgement Letter.
• The Service Provider must comply with the Promotion of Access to Information Act; the extent of obligation will be determined in consultation with the Municipality.

• Sealed bids must be placed in the Municipal tender box before or at 14:00 on Friday, 07 August 2026.
• The bid document must be completed without alteration, modification, deletion, editing, or formatting changes.
• Only original signed documents will be accepted; faxed or emailed bids are not allowed.
• The lowest or only bid will not necessarily be accepted.
• Bidders must be registered on the CSD and submit proof.
• A copy of the municipal account not older than 3 months and not in arrears for more than 90 days must be submitted; if not liable, provide sworn affidavit and/or valid lease agreement.
• Compulsory documentation must be attached; bids without them will be deemed non-responsive.
• All legal practitioners must submit Admission Certificates, Certificate of Good Standing, and Fidelity Fund Certificate.

• Evaluation is in three phases: Administrative, Mandatory, and Technical Compliance (Functionality).
• Functionality score is calculated as Fp = So/375 x 100, with a minimum of 70% required.
• Functionality criteria and weights:
• Admission Certificates (Court Order): 10 points
• Certificate of Good Standing: 10 points
• Fidelity Fund Certificate: 10 points
• Level of expertise and qualifications of personnel: 25 points
• Proof of similar projects and work performed: 10 points
• Proof of well-established law firm: 10 points
• Scoring values: 1 = Poor, 2 = Average, 3 = Good, 4 = Very good, 5 = Excellent.
• Bids scoring less than 70% functionality are disqualified.
• After functionality, bids are evaluated according to the Preferential Point Scoring System as per the Council's SCM Policy.