Panel of legal advisors for the ipp office (5-Year term) - reference letter template

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Compulsory briefing session will be held online via Microsoft Teams on 15 September 2026 at 09H00 Johannesburg time. Bidders must complete their details fully to access the session; the link will be accessible 15 minutes before the meeting. Link requests must be submitted by 23 September 2026 at 16H30, nominating one dedicated contact person.

{"name":"EMAIL ADDRESS","email":"[email protected]","phone":null,"department":null,"address":"26 is before 23:55."}

Returnable Documents: Central Supplier Database (CSD) Summary Report

Returnable documents include: Part A Invitation to Bid, Part B Terms and Conditions of Bidding, Part C Checklist, Part D Conditions of Tendering, Part E Specifications/Terms of Reference, Annexure A Price Proposal, Annexure B SBD4 Declaration of Interest, Annexure C SBD6.1 and B-BBEE certificate, Annexure F Certified CIPC registration documents, Annexure G Certified share certificates, Annexure H (if applicable) consortium fee/work breakdown, Annexure I Supporting documents for qualifying/functional criteria, Annexure J General Conditions of Contract, Annexure K CSD Tax Compliance Status Report. Bids must be submitted in two folders: Folder 1 for pre-qualifying and functional evaluation, Folder 2 for price/financial proposal.

OF BID: Panel of Legal Advisors for the IPP Office (IPPO) for a period

of 5 (five) years to provide legal transaction advisory and

specialist legal services in support of the IPPO's mandate to

conceptualise, design, implement and manage independent

power producer procurement programmes and other

strategic initiatives undertaken by the Department of

Electricity and Energy

Bid documents 1. Electronic submissions

Electronic

Instructions: submission:

➢ Bidders are required to submit written requests for

clarification via

e-mail to [email protected] ONLY, quoting the RFP

Number

on the subject of the e-mail. This must be done three (3)

working days before submission day.

➢ Bidders will thereafter receive a OneDrive Link to upload

their submission documents electronically.

➢ Written requests for clarification will be considered up to and

including 23 September 2026 16:30 Johannesburg time.

Requests

received after this date may not be attended to.

➢ Any requests after the stipulated date and time may be

disregarded.

NB: Electronic submission is encouraged for all bidders

interested in this tender

Closing date of this 29/09/2026 is before 23:55.

No physical bids wi

Part a ................................................................................................................ 4

Part b ................................................................................................................ 7

Part c ................................................................................................................ 8

Part d .............................................................................................................. 10

1. Purpose .................................................................................................. 32
2. Introduction .......................................................................................... 32
3. Background ........................................................................................... 33
4. General request for proposals ........................................................... 35
5. Scope of work ........................................................................................ 36
6. The evaluation team ............................................................................... 44
7. Approach to procurement ..................................................................... 44
8. Functional criteria ................................................................................ 51

Annexure B ........................................................................................................ 56

Annexure C ........................................................................................................ 59

Annexure F ........................................................................................................ 66

Annexure G ....................................................................................................... 67

Annexure H ....................................................................................................... 68

Annexure I ........................................................................................................ 69

Annexure J ........................................................................................................ 70

Annexure K ........................................................................................................ 71

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

Demonstrate the Bidder's Experience = 30% Submit:

organizational experience in Scoring scale:

providing legal advisory services

• Company profile;
• 1 or less relevant

on comparable procurement projects = 0%

• Appendix A containing details of projects within the infrastructure
• 2 relevant projects =

at least (two) (2) relevant 10% sector relevant to the scope of this

assignments completed within TOR.

• 3 relevant projects

the last 10 years, including: demonstrating

several Experience may include, but is

7.1 Whilst all due care has been taken in connection with the preparation of this RFP, the DBSA

makes no representations or warranties that the content in this RFP or any information

communicated to or provided to Bidders during the Tendering Process is, or will be,

accurate, current or complete. The DBSA, and its officers, employees and advisors will not

be liable with respect to any information communicated which is not accurate, current or

complete.

7.2 If a Bidder finds or reasonably believes it has found any discrepancy, ambiguity, error or

inconsistency in this RFP or any other information provided by the DBSA (other than minor

clerical matters), the Bidder must promptly notify the DBSA in writing of such discrepancy,

ambiguity, error or inconsistency in order to afford the DBSA an opportunity to consider

what corrective action is necessary (if any).

7.3 Any actual discrepancy, ambiguity, error or inconsistency in this RFP or any other

information provided by the DBSA will, if possible, be corrected and provided to all Bidders

without attribution to the Bidder who provided the written notice.

If, after a Bidder’s Response has been submitted, the Bidder becomes aware of an error in

the Bidders Response (including an error in pricing but excluding clerical errors which would

have no bearing on the evaluation of the Bid), the Bidder must promptly notify the DBSA of

such error.

Minimum functionality/qualifying score: 70%

Tax compliance status

Tax compliance status must be submitted with the bid documentation

Tax compliance requirements

Tax compliance status (tcs) or pin may

Tax compliance) in accordance with applicable legislation in their country of

Tax compliance status / tax compliance system pin code from the south

Tax Compliance Status and Registration Requirements

Csd registration

Csd number (tax

Csd number must be provided

Central supplier database

Central supplier database (csd), a csd number must be provided

Central Supplier Database (CSD) Summary Report

• Phase 1 - Prequalification requirements (Mandatory)

There will be no Price and Preference Evaluation for this tender but Pre-qualification requirement

Or VAT registration

B-BBEE Details: e Department of Electricity and Energy

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be submitted electronically by the stipulated time to the link

Provided. Late bids will not be accepted for consideration.

1.2. All bids must be submitted on the official forms provided – (not to be re-

Typed)

1.3. South african bidders must register on the central supplier database

(Csd) to upload mandatory information namely: (business registration/

Directorship/ membership/identity numbers; tax compliance status; and

Banking information for verification purposes). B-bbee certificate or

Sworn affidavit for b-bbee must be submitted by bidding institution.

1.4. Where a bidder is not registered on the csd, mandatory information

Namely: (business registration/ directorship/ membership/identity numbers;

Tax compliance status must be submitted with the bid documentation. B-

Bbee certificate or sworn affidavit for b-bbee must be submitted to bidding

Institution.

2. Tax compliance requirements

2.1 All bidders must ensure compliance with their tax obligations in their

Country of residence.

2.2 South african bidders are required to submit their unique personal

Identification number (pin) issued by SARS to enable the organ of state to

View the taxpayer’s profile and tax status.

2.3 South african bidders can apply for tax compliance status (tcs) or pin may

Also be made via e-filing. In order to use this provision, taxpayers will need

To register with SARS as e-filers through the website www.SARS.GOV.ZA.

2.4 SA bidders’ may also submit a printed tcs together with the bid.

2.5 In bids where consortia / joint ventures / sub-contractors are involved;

Each party must submit a separate proof of tcs / pin / csd number (tax

Compliance) in

The following particulars must be furnished (failure to do so may result in

Your bid being disqualified).

from time to time in the Government Gazette; and

18.1.6 submitting all Compulsory Documents.

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

18.2 South African bidders with annual total revenue of ZAR10 million or less qualify as

Exempted Micro Enterprises (EMEs) in terms of the B-BBEE Act must submit a certificate

issued by a registered, independent auditor (who or which is not the Bidder or a part of the

Bidder) or an accredited verification agency.

18.3 South African bidders other than EMEs must submit their original and valid B-BBEE status

level verification certificate or a certified copy, or a sworn affidavit thereof, substantiating

their B-BBEE status. The submission of such certificates must comply with the requirements

of instructions and guidelines issued by National Treasury and be in accordance with the

applicable notices published by the Department of Trade and Industry in the Government

19.1 Bidders must ensure that:

19.1.1 their Bid is submitted in the required format as stipulated in this RFP; and

19.1.2 all the required information fields in the Bid are completed in full and contain the

information requested by the DBSA.

19.2 The DBSA may in its absolute discretion reject a Bid that does not include the information

requested or is not in the format required.

19.3 Unnecessarily elaborate responses or other representations beyond that which is sufficient

to present a complete and effective tender proposal are not desired or required. Elaborate

and expensive visual and other presentation aids are not necessary.

19.4 Where the Bidder is unwilling to accept a specified condition, the non-acceptance must be

clearly and expressly stated. Prominence must be given to the statement detailing the non-

acceptance. It is not sufficient that the statement appears only as part of an attachment to

the Bid or be included in a general statement of the Bidders usual operating conditions.

19.5 An incomplete Bid may be disqualified or assessed solely on the information completed or

received with the Bid.

Demonstrate the Team Leader’s Projects = 30% Submit:

experience in leading legal Scoring scale: CV template with project list (Appendix A).

transaction advisory assignments

• 1 or less Projects =

relevant procurement projects, 0%

namely: details in Appendix A of at least two (2)

• 2 relevant Projects =

10%

assignments completed by the Team

• Independent Power
• 3 relevant Projects = Leader in the last ten (10) years, relevant

Producer (IPP) 20%

to the scope of the TOR, including:

procurement projects;

• 4 or more Projects =

30%

(i). description of matter;

(ii) period of involvement;

(iii). responsibility; and

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

• Public-Private Partnership (iv). key deliverables

(PPP) procurement

projects;

• other major infrastructure

procurement projects of

comparable scale and

complexity

part of its risk assessment. DBSA may also consider whether the preferred

bidder or any of its directors have been convicted of a serious offence.

b. Pending litigation/liquidation/business rescue (distinct from Working

Capital)

tribunal as part of its risk assessment.

c. Performance

business with the preferred service provider, it may take this into account as

part of its risk assessment.

e. Restricted/Blacklisted

30.2 A Bid must not be conditional on:

30.2.1 the Board approval of the Bidder or any related governing body of the Bidder

being obtained.

30.2.2 the Bidder conducting due diligence or any other form of enquiry or

investigation.

30.2.3 the Bidder (or any other party) obtaining any regulatory approval or consent.

30.2.4 the Bidder obtaining the consent or approval of any third party; or

30.2.5 the Bidder stating that it wishes to discuss or negotiate any commercial

terms of the contract.

30.3 The DBSA may, in its absolute discretion, disregard any Bid that is, or is stated to be, subject

to any one or more of the conditions detailed above (or any other relevant conditions).

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

30.4 The DBSA reserves the right to accept a Bid in part or in whole or to negotiate with a Bidder

in accordance with the provisions of this RFP and the applicable laws and regulations.

Points Assessment (where applicable).

1.13 Functional Criteria means the criteria set out in clause 27 of this Part C.

1.14 Intellectual Property Rights includes copyright and neighbouring rights, and all proprietary

rights in relation to inventions (including patents) registered and unregistered trademarks

(including service marks), registered designs, confidential information (including trade secrets

and know how) and circuit layouts, and all other proprietary rights resulting from intellectual

activity in the industrial, scientific, literary or artistic fields.

1.15 PFMA means the Public Finance Management Act, 1999.

1.16 PPPFA means the Preferential Procurement Policy Framework Act, 2000.

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

1.17 PPPFA Regulations means the Preferential Procurement Regulations, 2022 published in

terms of the PPPFA.

1.18 Pre-Qualifying Criteria means the criteria set out in clause 26.3 of this Part C.

1.19 Price and Preferential Points Assessment means the process described in clause Error!

successful Bidder(s) or upon the earlier termination of the process.

1.30 Website means a website administered by DBSA under its name with web address

www.dbsa.org

17.2 Bids delivered after the Closing Time or lodged at a location or in a manner that is contrary

to that specified in this RFP will be disqualified from the Tendering Process and will be

ineligible for consideration. However, a late Bid may be accepted where the Bidder can

clearly demonstrate (to the satisfaction of the DBSA, in its sole discretion) that late

lodgement of the Bid was caused by the DBSA; that access was denied or hindered in

relation to the physical tender box; or that a major/critical incident hindered the delivery of

the Bid and, in all cases, that the integrity of the Tendering Process will not be compromised

by accepting a Bid after the Closing Time.

17.3 The determination of the DBSA as to the actual time that a Bid is lodged is final. Subject to

clause 17.2, all Bids lodged after the Closing Time will be recorded by the DBSA and will

only be opened for the purposes of identifying a business name and address of the Bidder.

for consideration. The general operating practice is for the late Bid to be returned within 5

(five) working days of receipt or within 5 (five) working days after determination not to accept

a late Bid.

18. Bidder’s responsibilities

18.1 Bidders are responsible for:

18.1.1 examining this RFP and any documents referenced or attached to this RFP and

any other information made or to be made available by the DBSA to Bidders in

connection with this RFP;

18.1.2 fully informing themselves in relation to all matters arising from this RFP,

including all matters regarding the DBSA’s requirements for the provision of the

Services;

18.1.3 ensuring that their Bids are accurate and complete;

18.1.4 making their own enquiries and assessing all risks regarding this RFP, and fully

considering and incorporating the impact of any known and unknown risks into

their Bid;

18.1.5 ensuring that they comply with all applicable laws in regard to the Tendering

24.1 Upon submission in accordance with the requirements relating to the submission of Bids,

all Bids submitted become the property of the DBSA. Bidders will retain all ownership rights

in any intellectual property contained in the Bids.

24.2 Each Bidder, by submission of their Bid, is deemed to have licensed the DBSA to reproduce

the whole, or any portion, of their Bid for the sole purposes of enabling the DBSA to evaluate

the Bid.

Note: A tender that fails to meet any Pre-Qualifying Criteria stipulated herein in the

tender documents is an unacceptable tender. Please refer to the table above

26.4 Second Stage: Functional Evaluation Criteria

The technical score will be calculated out of one hundred percent (100%) Bidders must obtain a

minimum score of seventy percent (70%) in the functionality evaluation to qualify for appointment

to the Panel. The DBSA reserves the right to appoint one or more Bidders to the Panel based on

the functionality evaluation, operational requirements, specialist capability, capacity and applicable

procurement requirements. Appointment to the Panel shall not guarantee the allocation of work.

8.1 Functional Evaluation Criteria

= 15%

(i). description of matter;

• Independent Power

(ii) period of involvement;

• 4 highly relevant Producer (IPP)

(iii). client; and Projects programmes;

(iv). key deliverables. demonstrating the

• renewable energy

majority of TOR procurement programmes;

competencies = 30%

• gas-to-power projects;
• battery energy storage
• Reference letters for at least

projects; Organisational

• electricity transmission (two) 2 projects submitted in References = 15%

projects; Appendix A.

• other energy infrastructure Scoring scale:

projects;

• 1 or less reference
• PPP projects;

letters – 0%

• major public

infrastructure procurement

• Reference letters must be
• 2 reference letters =

projects; or

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

• other project completed substantially in the 5%

financed infrastructure format prescribed in Appendix B. transactions undertaken

• 3 reference letters =

through a competitive 10%

procurement process.

• 4 or more reference For each project submitted,

letters = 15% demonstrate Bidder experience in

one or more of the following legal

transaction advisory services:

• legal structuring

of procurement

programmes;

• drafting RFP/RFQ

documentation;

• drafting and

negotiating project

agreements;

• project finance

and bankability;

• bid evaluation support;

• negotiations;

• commercial and

financial close;

• contract management;

• disputes arising

from project

implementation

demonstrate Team Leader

experience in one or more of the

following legal transaction advisory

services:

• project finance;

• drafting procurement

documentation;

• drafting project

agreements;

• negotiations;

• financial close;

• contract management;

• disputes arising

from project

implementation

3. Proposed Team and Specialist Submit: Collective Team 25%

Scoring scale: Demonstrate collective capability

CV template with project list (Appendix A).

• 0 Projects = 0% in in one or more of the following

areas:

• 1 relevant Projects =

The Bidder must submit for each 10%

• public procurement law;

proposed team member relevant

• energy regulation;
• 2 relevant Projects =

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

• project finance; assignments in Appendix A, relevant to 15%
• commercial contracting; the scope of the TOR, including:
• 3 or more relevant
• drafting project Projects = 25%

agreements; (i). description of matter;

• construction/infrastructure; (ii) period of involvement;
• contract management; (iii). responsibility; and

(iv). key deliverables

• dispute resolution arising

from project development

or implementation

should collectively cover

these areas.

Total 100%

Only Bidders that achieve the minimum functionality threshold of seventy percent (70%) shall

qualify for appointment to the Panel. Appointment to the Panel does not guarantee the allocation

of work.

performance on any task orders/purchase orders or contracts, including poor

performance in respect of compliance with policies or procedures regarding

safety, health, quality control or environment, or having committed a serious

and

gross breach of contract.

d. Reputational harm

cannot control the actions of our suppliers, we will not tolerate any Illegal activities. These

include, but are not limited to:

• Misrepresentation of any kind (e.g. origin of manufacture, specifications,

intellectual property rights, etc.);

• Collusion;
• Failure to disclose accurate information required during the sourcing activity

(ownership, financial situation, BBBEE status, etc.);

• Corrupt activities listed above; and
• Harassment, intimidation or other aggressive actions towards DBSA’s

employees.

35.1 By submitting a Bid, a Bidder warrants that:

35.1.1 it did not rely on any express or implied statement, warranty or

representation, whether oral, written, or otherwise made by or on behalf of

the DBSA, its officers, employees, or advisers other than any statement,

warranty or representation expressly contained in the RFP;

35.1.2 it did not use the improper assistance of DBSA’s employees or information

unlawfully obtained from them in compiling its Bid;

35.1.3 it is responsible for all costs and expenses related to the preparation and

lodgement of its Bid, any subsequent negotiation, and any future process

connected with or relating to the Tendering Process;

35.1.4 it accepts and will comply with the terms set out in this RFP; and

35.1.5 it will provide additional information in a timely manner as requested by the

Mandatory requirements include: registration on Central Supplier Database (CSD), submission of tax compliance status (TCS/PIN), attendance of compulsory briefing, compliance with functional evaluation criteria. Bidders must be able to provide all relevant information in the Supplier Information Form. B-BBEE certificate or sworn affidavit must be submitted.

There will be no Price and Preference Evaluation for this tender but Pre-qualification requirement

27. Risk Analysis and Objective Criteria

(This must only be included in the tender document if it is applicable, ensure that the list is

specific as to what your objective criteria are)

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

The DBSA reserves the right to award the tender to the tenderer who scores the highest

number of points overall in line with Section (2) (1) (f) of the PPPFA, unless there are objective

criteria which will justify the award of the tender to another tenderer.

The objective criteria that the DBSA may apply in this bid process includes:

I. Any bidder that has a cumulative order book totalling 5 Awards with outstanding value,

may be excluded from further evaluation.

II. Where a bidder has 5 active Awards with an outstanding value and the outstanding

value is 10% or less, indicating the project is nearing completion, the bidder may be

included for further evaluation and/or recommendation for award.

III. Where a bidder has 5 active Awards with an outstanding value and at least one of the

projects has stalled for a period of 6 months or more, or the client has placed the project

on hold indefinitely, the bidder may be included for further evaluation and/or

recommendation for award.

IV. The DBSA has the discretion to apply an objective criterion.

28. Due Diligence

DBSA shall perform a due diligence exercise on the preferred bidder to determine its

risk profile. The due diligence exercise may take the following factors into account inter

alia.

a. Judgements and criminal convictions

DBSA may consider previous civil judgements against the preferred bidder as

part of its risk assessment. DBSA may also consider whether the preferred

bidder or any of its directors have been convicted of a serious offence.

b. Pending litigation/liquidation/business rescue (distinct from Working

Capital)

DBSA may consider any pending litigation in a court of law or administrative

tribunal as part of its risk assessment.

c. Performance

DBSA will not consider the Service provider having a history of poor

performance on any task orders/purchase orders or contracts, including poor

performance in respect of compliance with policies or procedures regarding

safety, health, quality control or environment, or having committed a serious

and

gross breach of contract.

d. Reputational harm

If DBSA is likely to suffer substantial reputational harm because of doing

business with the preferred service provider, it may take this into account as

part of its risk assessment.

e. Restricted/Blacklisted

Is not under restrictions, or has principals who are under restrictions, preventing

participating in the employer’s procurement.

f. Vetting

The DBSA reserves the right to conduct vetting on the tenderer or any of its

directors.

g. PEP Checks for both Companies and Individual directors, as well as Procure

Check and or any other systems that the DBSA may choose to utilize (which

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

may be conducted by an authorized third party) that would be done to assess

all risks, including but not limited to

a. Financial stability of the bidder based on key ratio analysis ;

b. Efficiency ;

c. Profitability ;

d. Financial Risk;

e. Liquidity ;

f. Acid Test ;

g. Solvency; and

h. Commercial relationship with a politically exposed and brand risk

i. The DBSA reserves the right to award the scope in full or part thereof, subject to budget

availability.

ii. The DBSA reserves the right to negotiate to ensure the value for money principle is not

compromised.

29. Generally, suppliers have their own business standards and regulations. Although DBSA

cannot control the actions of our suppliers, we will not tolerate any Illegal activities. These

include, but are not limited to:

• Misrepresentation of any kind (e.g. origin of manufacture, specifications,

intellectual property rights, etc.);

• Collusion;
• Failure to disclose accurate information required during the sourcing activity

(ownership, financial situation, BBBEE status, etc.);

• Corrupt activities listed above; and
• Harassment, intimidation or other aggressive actions towards DBSA’s

employees.

30. Status of bid

30.1 Each Bid constitutes an irrevocable offer by the Bidder to the DBSA to provide the Services

required and otherwise to satisfy the requirements of the Specification as set out in this

RFP.

30.2 A Bid must not be conditional on:

30.2.1 the Board approval of the Bidder or any related governing body of the Bidder

being obtained.

30.2.2 the Bidder conducting due diligence or any other form of enquiry or

investigation.

30.2.3 the Bidder (or any other party) obtaining any regulatory approval or consent.

30.2.4 the Bidder obtaining the consent or approval of any third party; or

30.2.5 the Bidder stating that it wishes to discuss or negotiate any commercial

terms of the contract.

30.3 The DBSA may, in its absolute discretion, disregard any Bid that is, or is stated to be, subject

to any one or more of the conditions detailed above (or any other relevant conditions).

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

30.4 The DBSA reserves the right to accept a Bid in part or in whole or to negotiate with a Bidder

in accordance with the provisions of this RFP and the applicable laws and regulations.

31. Clarification of bids

31.1 The DBSA may seek clarification from and enter into discussions with any or all of the

Bidders in relation to their Bid. The DBSA may use the information obtained when

clarification is sought or discussions are held in interpreting the Bid and evaluating the cost

and risk of accepting the Bid. Failure to supply clarification to the satisfaction of the DBSA

may render the Bid liable to disqualification.

31.2 The DBSA is under no obligation to seek clarification of anything in a Bid and reserves the

right to disregard any clarification that the DBSA considers to be unsolicited or otherwise

impermissible or irrelevant in accordance with the rules set out in this RFP.

32. Discussion with bidders

32.1 The DBSA may elect to engage in detailed discussions with any one or more Bidder(s), with

a view to maximising the benefits of this RFP as measured against the evaluation criteria

and in fully understanding a Bidder’s offer.

32.2 Where applicable, the DBSA will invite Bidders to give a presentation to the DBSA in relation

to their submissions.

32.3 The DBSA is under no obligation to undertake discussions with, and Bidders.

32.4 In addition to presentations and discussions, the DBSA may request some or all Bidders to:

32.4.1 conduct a site visit, if applicable.

32.4.2 provide references or additional information; and/or

32.4.3 make themselves available for panel interviews.

33. Successful bids

33.1 Selection as a successful Bidder does not give rise to a contract (express or implied)

between the successful Bidder and the DBSA for the supply of the Services. No legal

relationship will exist between the DBSA and a successful Bidder for the supply of the

Services until such time as a binding contract is executed by them.

33.2 The DBSA may, in its absolute discretion, decide not to enter into pre-contractual

negotiations with a successful Bidder.

33.3 A Bidder is bound by its Bid and all other documents forming part of the Bidder’s Response

and, if selected as a successful Bidder, must enter into a contract on the basis of the Bid

with or without further negotiation.

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

34. NO obligation to enter into contract

34.1 The DBSA is under no obligation to appoint a successful Bidder or Bidders (as the case

may be), or to enter into a contract with a successful Bidder or any other person, if it is

unable to identify a Bid that complies in all relevant respects with the requirements of the

DBSA, or if due to changed circumstances, there is no longer a need for the Services

requested, or if funds are no longer available to cover the total envisaged expenditure. For

the avoidance of any doubt, in these circumstances the DBSA will be free to proceed via

any alternative process.

34.2 The DBSA may conduct a debriefing session for all Bidders (successful and unsuccessful).

Attendance at such debriefing session is optional.

35. Bidder warranties

35.1 By submitting a Bid, a Bidder warrants that:

35.1.1 it did not rely on any express or implied statement, warranty or

representation, whether oral, written, or otherwise made by or on behalf of

the DBSA, its officers, employees, or advisers other than any statement,

warranty or representation expressly contained in the RFP;

35.1.2 it did not use the improper assistance of DBSA’s employees or information

unlawfully obtained from them in compiling its Bid;

35.1.3 it is responsible for all costs and expenses related to the preparation and

lodgement of its Bid, any subsequent negotiation, and any future process

connected with or relating to the Tendering Process;

35.1.4 it accepts and will comply with the terms set out in this RFP; and

35.1.5 it will provide additional information in a timely manner as requested by the

DBSA to clarify any matters contained in the Bid.

36. Dbsa’s rights

36.1 Notwithstanding anything else in this RFP, and without limiting its rights at law or

otherwise, the DBSA reserves the right, in its absolute discretion at any time, to:

36.1.1 cease to proceed with or suspend the Tendering Process prior to the

execution of a formal written contract.

36.1.2 alter the structure and/or the timing of this RFP or the Tendering Process;

36.1.3 vary or extend any time or date specified in this RFP

36.1.4 terminate the participation of any Bidder or any other person in the Tendering

Process.

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy

36.1.5 require additional information or clarification from any Bidder or any other

person;

36.1.6 provide additional information or clarification.

36.1.7 negotiate with any one or more Bidder;

36.1.8 call for new Bid.

36.1.9 reject any Bid received after the Closing Time; or

36.1.10 reject any Bid that does not comply with the requirements of this RFP.

37. Governing laws

37.1 This RFP and the Tendering Process are governed by the laws of the Republic of South

Africa.

37.2 Each Bidder must comply with all relevant laws in preparing and lodging its Bid and in taking

part in the Tendering Process.

37.3 All Bids must be completed using the English language and all costing must be in South

African Rand (ZAR).

Development Bank of Southern Africa of 71

RFR/LA/IPPO-002/2026 Panel of Legal Advisors for the IPP Office (IPPO) for a period of 5 (five) years to provide

legal transaction advisory and specialist legal services in support of the IPPO's mandate to conceptualise,

design, implement and manage independent power producer procurement programmes and other strategic

initiatives undertaken by the Department of Electricity and Energy