ESKOM is seeking to appoint external legal counsel to provide end-to-end legal support for the establishment and registration of a new domestic medium term note (dmtn) programme, which will operate alongside its existing programme. The appointed firm will handle legal framework development, jse documentation, stakeholder coordination, and support through jse approval. This opportunity is for recognised legal firms with proven experience in dmtn programmes and debt capital markets.
The purpose of this RFP is to secure external legal counsel to provide end-to-end legal support in relation to a new dmtn programme, including the development of the legal and documentary framework for the programme, preparation of all required jse-facing documentation, coordination with relevant stakeholders, and support through to jse approval/registration of the programme.
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Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
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Constitution of the Republic of South Africa, 1996 – Section 217
Act 108 of 1996 (s217)
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Eskom is seeking to appoint external legal counsel to provide end-to-end legal support for establishing a new Domestic Medium Term Note (DMTN) Programme. The scope includes developing the legal framework, preparing JSE-facing documentation, coordinating with stakeholders, and supporting the JSE approval/registration process. The new programme will operate alongside Eskom's existing DMTN Programme.
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Eskom intends to establish a new Domestic Medium Term Note (DMTN) Programme to support future funding requirements and provide flexibility in domestic debt capital markets.
The new programme will operate in parallel with the existing DMTN Programme, not replace it, subject to regulatory approvals and funding requirements.
Objective: Secure external legal counsel for end-to-end legal support, including developing the legal/documentary framework, preparing JSE-facing documentation, coordinating stakeholders, and supporting through to JSE approval/registration.
JSE debt programme documentation must contain terms, conditions, and disclosures for informed investor assessment.
Clarification queries deadline: 5 working days before the tender submission deadline.
Shortlisted candidates may be required to attend a one-hour clarification meeting on short notice, comprising a 30-minute presentation and 30-minute Q&A.
Eskom reserves the right to call a tenderer for discussions as deemed necessary.
Shortlisted candidates may be required to attend a one-hour clarification meeting with short notice, comprising a 30-minute presentation and 30-minute Q&A.
Submission title must be: "TREASURY REQUEST FOR PROPOSAL FOR APPOINTMENT OF LEGAL COUNSEL TO ASSIST ESKOM WITH ESTABLISHING A NEW DOMESTIC MEDIUM TERM NOTE (DMTN) PROGRAMME".
Late proposals will not be accepted.
Mandatory returnables: one soft copy of the original response, signed integrity declaration form (Annexure B), company profile, company registration documents, evidence of registration with applicable recognised professional body, original or certified copy of B-BBEE verification certificate, original or certified copy of tax clearance certificate, audited financial statements for previous 18 months (or last year if not available), CSD number, and pricing inclusive of VAT.
Failure to submit the original response, copies of the tender, and integrity declaration form will disqualify the submission. Failure to submit B-BBEE verification certificate impacts scoring but does not disqualify.
Tenderers bear all costs of tendering; Eskom is not liable for any costs.
The RFP is confidential; do not discuss or divulge its existence or contents to any third party without prior written consent.
Eskom may cancel the RFP at any time prior to decision if deemed unnecessary due to substantial change in circumstances or public interest.
If no communication from Eskom within 31 days of RFP closure, consider the application unsuccessful.
Two-stage evaluation: technical evaluation (out of 100) followed by preferential procurement point system (80/20).
Technical evaluation criteria (Annexure A):
Relevant Firm Experience in DMTN Programmes and Debt Capital Markets (35%): Provide details of at least three mandates completed within the last five years involving establishment, registration, and implementation of DMTN programmes. Include nature of mandate, client (where disclosure permitted), transaction/programme size, and date of completion. Scoring: >3 mandates = 5, =3 = 3, <3 = 1.
Experience and Capability of the Proposed Team (30%): Provide CVs of proposed lead partner and key team members, including qualifications, professional registrations, years of relevant experience, role on assignment, and experience on comparable DMTN and debt capital markets transactions. Scoring for lead's years of experience: >15 = 5, >10<=15 = 4, >5<=10 = 3, <=5 = 1.
Methodology and Approach to the Assignment (35%): Submit a detailed methodology and workplan demonstrating understanding of scope, key deliverables, stakeholder engagement approach, project governance arrangements, proposed timelines, JSE approval process, and approach to establishing a new DMTN Programme while the existing programme remains. Scoring: detail covering all aspects = 5, provided = 3, not provided = 0.
Only tenderers attaining the minimum technical threshold of 70% proceed to the next stage.
Thereafter, price allocated 80 points and B-BBEE status level allocated 20 points, in accordance with PPPFA.
Tenderer with highest overall score considered for appointment.
Tenderers must be recognised legal firms with proven experience and suitably qualified team members.
Tenderers with nationality of a country on international sanctions lists are ineligible.
Tenderers with conflicts of interest will be disqualified unless fully disclosed; Eskom reserves right to disqualify or terminate services for actual or perceived conflicts.
Scope: Appoint a legal firm to provide end-to-end legal advisory services for establishing and registering a new Domestic Medium Term Note (DMTN) Programme that will operate alongside Eskom's existing DMTN Programme.
Key deliverables:
Advise on legal structure, framework, and establishment of the new programme, considering the continued existence of the current programme.
Advise on JSE Debt and Specialist Securities Listings Requirements and other applicable legal and regulatory requirements.
Draft, negotiate, and finalise all legal documentation, including Programme Memorandum, Applicable Pricing Supplement templates, and ancillary programme documents.
Ensure new programme documentation distinguishes from the existing programme and avoids ambiguity.
Advise on issuer disclosures, responsibility statements, corporate approvals, resolutions, certificates, and supporting documentation.
Liaise and coordinate with Eskom, appointed Debt Sponsor, and other stakeholders.
Prepare and review all JSE submission documentation and support the JSE review/approval process, including resolving comments and queries.
Provide legal opinions, memoranda, and advice on establishment, implementation, and operation of the new programme and its interaction with the existing programme.
Ensure final documentation provides a flexible and efficient platform for future debt issuances while preserving the existing programme.
Scope is limited to the new programme; no amendment, restatement, or update of the existing DMTN Programme is required, except for coexistence considerations.
JSE debt programme documentation must contain terms, conditions, and disclosures reasonably required for informed investor assessment.
Bidders must submit a detailed methodology and workplan demonstrating understanding of scope, key deliverables, stakeholder engagement approach, project governance, proposed timelines, JSE approval process, and approach to establishing the new programme while the existing programme remains.
Tenderers must provide company profile and relevant experience.
For evaluation: Provide details of at least three mandates in the last five years involving DMTN programme establishment, registration, and implementation.
Provide CVs of proposed lead partner and key team members, including qualifications, professional registrations, years of relevant experience, role on assignment, and experience on comparable DMTN and debt capital markets transactions.
Mandatory documents: original or certified copy of B-BBEE Status Level Verification Certificate, original or certified copy of Tax Clearance Certificate, CSD number.
B-BBEE: Preference points awarded under PPPFA regulations. Failure to submit B-BBEE certificate impacts scoring but does not disqualify.
Professional registration: Evidence of registration with applicable recognised professional body required.
Company registration documents and audited financial statements for the previous 18 months (or last year if not available) required.
Conflict of interest declaration via Annexure B integrity declaration form is mandatory.
Tenderers must comply with confidentiality requirements; disclosure of RFP information to third parties is prohibited without prior written consent.
Tenderers must be recognised legal firms with proven experience and suitably qualified team members.
Tenderers with nationality of a country on international sanctions lists are ineligible.
Tenderers must not have a conflict of interest; submit Annexure B stating no personnel involvement/interest in Eskom and its subsidiaries, and that no Eskom personnel have involvement/interest in the tenderer's business.
Disclose any relationships with other tenderers that could provide access to information or influence.
Disclose any actual or potential conflicts of interest; immediate written notification to Eskom required if conflicts arise post-submission or during mandate.
Declare any interests/relationships where tenderer employees/directors are also state/Eskom employees/contractors/consultants/directors, or are related to Eskom personnel involved in evaluation/adjudication/negotiation.
Provide proof if any employee/director/member/shareholder/owner is employed by Eskom and has authorisation for remunerative work outside public sector.
Declare if tenderer shares a controlling partner or has any relationship with other tenderers in this process.
Eskom provides no assurances, guarantees, representations, or warranties regarding accuracy or completeness of RFP contents.
Eskom reserves the right to accept or reject any RFP response, cancel the RFP, and reject all replies prior to announcement of successful tenderers.
PPPFA regulations apply for awarding points. Submit original/valid B-BBEE Status Level Verification Certificate or certified copy to substantiate rating claims.
Tenderers who do not submit certificates or are non-compliant contributors will not qualify for B-BBEE preference points.
To assist Eskom's transformation objectives, tenderers are encouraged to enhance their team with B-BBEE financial advisory firms.
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
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