REQUEST FOR PROPOSALS - Independent … · IDT’s Term of Reference for Panel Attorneys Page 1 of 21 REQUEST FOR PROPOSALS APPOINTMENT TO THE IDT’S PANEL OF ATTORNEYS & LABOUR

IDT’s Term of Reference for Panel Attorneys

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REQUEST FOR PROPOSALS

APPOINTMENT TO THE IDT’S PANEL OF

ATTORNEYS & LABOUR LAW CONSULTANTS

FOR A PERIOD OF THREE (3) YEARS.

RFP Number: IDT/LEG-01/2015-2018

Issue Date: 25th May 2015

Closing Date: 26th June 2015

Closing Time: 12h00

Bid Validity Period: Sixty (60) days from closing date


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1. HISTORICAL BACKGROUND AND OVERVIEW OF THE IDT

1.1 The IDT was established through an endowment from government in 1990

and it was integrated into the public service delivery system with the

promulgation of the Public Finance Management Act in 1999. Building on

the IDT‘s effectiveness as a redistributive mechanism it was constituted as

a Public Entity to support Government with the eradication of poverty. This

mandate remains unchanged, and the IDT‘s corporate strategy is grounded

in this mandate and its role as a Public Entity and Government Development

Agency.

1.2 The Accounting Authority of the IDT, the Board of Trustees, reports to

Parliament through its Executive Authority, the Minister of Public Works.

The nature of the relationship between the Accounting Authority and its

Executive Authority is set out in a Shareholder‘s Compact and implemented

through the IDT‘s Corporate Business Plan and Budget, which constitute a

performance agreement between the Minister and the IDT, and comprise

the basis for assessments of the IDT‘s performance and impact as a Public

Entity.

1.3 The Legal Services Sub-Unit of the IDT is responsible for the general

provision of legal services to the organization. As a Premium Government

Development Agency and due to the number of projects the IDT implements

and the number of contracts entered into with the service providers, the

Legal Services Sub-Unit of the IDT is predominantly occupied.

1.4 Human Resource Sub-Unit is from time to time required to defend the

organization at the CCMA or Labour Court.


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1.5 Accordingly, the IDT is seeking to procure the services of qualified and

experienced service providers (Law Firms) to assist the IDT in rendering

legal and labour services on an adhoc basis for specific assignments.

2. TERMS AND CONDITIONS

This Request for Proposal (henceforth referred to as RFP) has been compiled by

the IDT. It is being made available, on the same basis, to all bidders. Bidders

submitting a Bid in response to this RFP will be deemed to do so on the basis that

they acknowledge and accept the terms set out below:

2.1 The IDT reserves the right to amend, modify or withdraw this RFP or amend,

modify or terminate any of the procedures or requirements set out herein at

any time and from time to time, without prior notice and without liability to

compensate or reimburse any person.

2.2 The IDT reserves the right to carry out site inspections or call for supporting

documentation in order to confirm any information provided by a Bidder in

its RFP Bid.

2.3 This RFP is not intended to form the basis of a decision to enter into any

transaction involving the IDT, and does not constitute an offer or

recommendation to enter into such transaction, or an intention to enter into

any legal relationship with any person.

2.4 A Bid submitted in response to this RFP will constitute a binding offer which

will remain binding and irrevocable for a period of three (3) from the date of

submission to the IDT. The offer constituted by the Bid will be deemed not

to have been accepted and no agreement will be deemed to be reached

with any Bidder, unless and until a definitive Agreement and other related


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transaction documents are concluded between the IDT and the Preferred

Bidder.

2.5 Distribution of this RFP outside the Republic of South Africa may be

restricted or prohibited by the laws of other countries. Recipients of this RFP

are advised to familiarize themselves with and comply with all such

restrictions or prohibitions applicable in those jurisdictions, and neither the

IDT, nor any of their respective directors, officers, employees, agents,

representatives or advisors, accepts liability to any person for any damages

arising out of or in connection with the breach of any restriction or provision

outside the Republic of South Africa. Persons contemplating submitting a

Bid are advised to obtain legal advice as to the possible consequences

thereof in terms of the law of the jurisdictions in which they are located.

2.6 Recipients of this RFP document may only distribute it to other parties

whom they wish to involve as part of their Bidder consortium in submitting

a Bid.

2.7 Neither the IDT nor any of their respective directors, officers, employees,

agents, representatives or advisors will assume any obligation for any costs

or expenses incurred by any party in or associated with preparing or

submitting a Bid in response to the RFP.

2.8 No entity may be involved, whether directly or indirectly, in more than one

Bid in response to this RFP. A failure to comply with this requirement may,

within the sole discretion of the IDT, result in disqualification of the relevant

entity.

2.9 Any material change in the control and/or composition of any Bidder or any

core member of a Bidder after submission of a Bid, shall require the prior

written approval of the IDT, and any failure to seek such approval from the

IDT shall result in the IDT being entitled, in its sole discretion, to exclude the

relevant Bidder from any further participation in the bid process. The IDT


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shall be the sole arbiter as to what constitutes a “material change in the

control and/or composition of any Bidder”, and as to what constitutes a “core

member of a Bidder” for purposes of such approval. Any request for such

approval shall be made to the IDT in writing and shall provide sufficient

reasons and information to allow the IDT to make a decision. The IDT

reserves the right to accept or reject any such request for approval in its

sole discretion.

2.10 Any requirement set out in this RFP that stipulates the form and/or content

of any aspect of a Bid, is stipulated for the sole benefit of the IDT, and save

as expressly stated to the contrary, may be waived by the IDT in its sole

discretion at any stage in the RFP process.

2.11 The IDT and its advisors may rely on a Bid as being accurate and

comprehensive in relation to the information and proposals provided therein

by the Bidders.

2.12 All Bids submitted to the IDT will become the property of the IDT and will as

such not be returned to the Bidder. The IDT will make all reasonable efforts

to maintain proposals in confidence. Proprietary information should be

identified as such in each proposal.

2.13 If the IDT amends this RFP, the amendment will be sent to each Bidder in

writing. No oral amendments by any person will be considered or

acknowledged.

2.14 This document is released for the sole purpose of responding to this RFP

and must be considered confidential. In addition, the use, reproduction or

disclosure of the requirements, specifications or other material in this RFP

is strictly prohibited.

2.15 All Bids must be formulated and submitted in accordance with the

requirements of this RFP.


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2.16 Only legal practices established and registered in accordance with the

provisions of the attorneys Act, 1979 (Act No. 53 of 1979 as amended) will

be considered for this RFP.

2.17 The requirements of the Preferential Procurement Policy Framework Act,

2000 (Act No. 5 of 2000) and Preferential Procurement Regulation 2011will

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

2.18 The firms of attorneys will be required to sign confidentiality and indemnity

agreements with the IDT.

2.19 The firms of attorneys may not cede or assign any part of its agreement with

the IDT nor subcontract any part of the work assigned to them without the

prior written authorization of the IDT.

2.20 The firms of attorneys must declare any possible conflict of interest with the

IDT in the pursuance of the proposed assignment.

2.21 In the event that any conflict of interest is discovered during the assignment,

the IDT reserves the right to summarily cancel the agreement and demand

that all information, documents and property of the IDT be returned

forthwith.

2.22 The general conditions of tender, contract and order will be applicable to

this RFP.

3. EXPERTISE AND SKILLS REQUIRED

3.1 The IDT requires the services of qualified attorneys and labour consultants

to render legal services in the fields as stated hereunder, to be appointed in

each Province in South Africa for a three (3) years contractual period.


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3.2 Attorneys who are already on IDT’s supplier database should also submit

their proposal.

4. SCOPE OF SERVICES

4.1 Firms of attorneys will be required to render services to the IDT on a wide

range of legal matters relating to, amongst others, the following fields of law:

Public Private Partnership;

Project Finance;

Commercial and Contract Law;

Commercial and Civil Litigation;

Labour and Employment Law;

Constitutional Law;

Administrative Law;

Construction Law;

Corporate Law;

Insurance Law;

Corporate Governance;

Supply Chain Management;

Environmental Law; and

Any other specialized field of law that the firm of attorney has

expertise in and that is relevant to the working environment of the

IDT.

4.2 ESSENTIAL SPECIALIZED FIELD OF LAW

4.2.1 Commercial and Civil Litigation


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4.2.1.1 Attorneys will attend to Civil Litigation on behalf of the IDT,

either in the court of law or through arbitrations. Attorneys are

required to have an in-depth practical knowledge of civil

litigation procedures through arbitration or in the High Court

and Magistrates’ Court.

4.2.1.2 Attorneys are required to have practical knowledge of:-

the entire spectrum of construction and engineering

law, and the related regulatory environment, but not

limited to the knowledge of the standard forms of

contract, including FIDIC, the NEC, the SAICE General

Conditions of Contract, PROCSA and the JBCC; and

Construction Industry Development Board (CIDB) and

its legislations (Construction Industry Development

Board Act, 2000, Construction industry Development

Regulations, 2004 (as amended), CIDB’s Code of

Conduct for all parties engaged in Construction

Procurement and CIDB's Inform Practice Notes).

4.2.2 Insolvency

Attorneys will be required to assist the IDT in obtaining legal opinions

and/or pursue litigation within the insolvency/liquidation

process/business rescue. A thorough knowledge of the nature and

effect of insolvency/liquidation/ business rescue legislation and case

law is required.


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4.2.3 Commercial Contract Drafting

Practical knowledge is required of all spheres of commercial and

construction law including but not limited to knowledge and

application of the standard forms of contract, including FIDIC, the

NEC, the SAICE General Conditions of Contract, PROCSA and the

JBCC.

Over and above the above-mentioned standard forms of contract,

Attorneys may be required to attend to drafting, negotiation and

interpretation of commercial agreements more specifically, but not

limited to:

Lease Agreements;

Service Level Agreements (SLA);

Memorandum of Agreements (MOA);

Memorandum of Understandings (MOU):

Programme Implementation Agreements (PIA);

4.2.4 Labour and Employment Law

Expertise in labour and employment law matters are required, more

specifically:

o Ability to prosecute senior level employees in disciplinary

hearings;

o Advise on procedural and substantive issues relating to

disciplinary hearings conducted;

o Advise on disciplinary codes, policies and governing

legislation;


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o Representation at the CCMA, Labour Court and Labour

Appeal Court;

o Advise and assist in process and compliance with Section 189

of the Labour Relations Act 66 of 1995 procedures;

o Negotiation and settlement of labour disputes whether with

individual employees or the bargaining unit represented by a

union;

o Provision of Legal Opinion;

o Investigation of alleged misconduct.

5. SPECIAL CONDITIONS

5.1 Service delivery levels and quality of the work will be a measure of

appointment and retention in the panel;

5.2 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 IDT or

as may be required by the applicable laws, for instance, in cases where

correspondent attorneys may be necessary;

5.3 Fees shall be charged in accordance with the IDT’s Service Level

Agreement and Milestones mentioned therein. The Service Level

Agreement will be signed with the successful bidders;

5.4 There will be no guarantee that attorneys will receive instructions if they are

appointed onto the IDT’s panel;


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5.5 All instruction(s) to the panel attorneys shall be given, in writing, by duly

authorized representative of the IDT.

5.6 The panel will be reviewed on a 3 yearly basis and attorneys on the panel

may have to resubmit their proposals;

5.7 The IDT shall be entitled in its discretion to remove a firm of attorneys from

the panel before the expiry of the said 3 years period by written notice and

recall all the files in the possession of the said law firm.

5.8 The firm shall have at least 5 years’ experience. In the case of a new firm,

the attorneys who will be dealing with the IDT matters shall have at least

five years’ post admission experience.

5.9 The general conditions of tender, contract and order will be applicable to

this tender.

5.10 Intellectual property rights:

5.10.1 All copyright and intellectual property rights that may result as

consequences of the work to be performed will be become the

property of the IDT;

5.10.2 Firms of attorneys must hand over all documents and information in

any format, including copies thereof, that it received from the IDT or

that it had access to during the assignment immediately after

completion of the assignments to the IDT;

5.10.3 Firms of attorneys shall deliver to the IDT, on completion of an

assignment, any security devices, passwords or protective

mechanisms to the soft versions of documents that were written and

the IDT will have the right to amend and change these without


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obligation whatsoever to the firms of attorneys upon completion of

the assignment.

5.11 The IDT reserves the right, under exceptional circumstances, to appoint

attorneys outside the panel attorneys.

6. COMPANY PROFILE / PROPOSAL

Your company profile must be a maximum of 5 pages and address the following

areas / headings in the following order:

6.1 HISTORY

Provide a brief history of the firm and an outline of the firm’s organogram,

indicating names of resources and geographic structure (provincial/regional

offices within the Republic of South Africa) (excluding alliances or affiliation

or association you may have with other law firms)

6.2 CLIENT BASE

Provide a list of clients for whom legal services were rendered on a regular

basis in the past 3 years. The most recently served clients must be

mentioned first and specify the nature of all work done.

6.3 FIELD OF EXPERTISE

Each proposal must include the specialist fields of law of the firm, with

specific reference to the fields as set out in paragraph 4.2 above. If a firm

of attorneys has expertise in more than one field of law, all relevant fields

must be indicated in the proposal together with demonstrated experience in

the specified areas of law. Clearly indicate for which of the 12 specialist


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fields (as set out in paragraph 4 above) your firm tenders to provide legal

services to the IDT.

6.4 YOUR TEAM

CV’s of your core service team that will be attending to the IDT work with

specific reference to their educational/ professional background and their

relevant experience.

6.5 FEES

6.5.1 The IDT remunerates attorneys for legal services rendered by way

of a set tariff structure (see below table) and fees shall be charged in

accordance with the IDT Service Level Agreement and Milestones

mentioned therein.

FEES FOR DEFENDED AND OPPOSED MATTERS

Position Rate (per hour excluding VAT)

Director/Partner R1 650.00

Senior Associate R1 375.00

Associate R1 100.00

Candidate Attorney R650.00

6.5.2 For competitive purposes, bidders are allowed to tender tariffs below

the maximum hourly rate prescribed above, which will become their

tender price on the 90/10 score card.

6.5.3 Fees should be indicated in an hourly rate. Distinction should be

made between fees for a Director/Partner, Senior Associate,

Associate, Professional Assistant and Candidate Attorney.


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7. BIDDERS CONFERENCE

No briefing session.

8. BID DOCUMENT COLLECTION & SUBMISSION

8.1 The RFP document will be available on the IDT’s website- www.idt.org.za,

from Monday, 25th May 2015.

8.2 Responses must be neatly bound, reflect the reference number (see

table below) of the Region in which the attorneys carries on its

business.

8.3 Proposal should be separated into two parts:

8.3.1 General Legal Services;

8.3.2 Labour and Employment Law.

8.4 Proposals may be deposited in or couriered to the tender box at the

reception area of the preferred Office/s as listed below on or before 12h00,

on 26th June 2015.

OFFICE NAME

PHYSICAL ADDRESS

REGIONAL REFERENCE

Head Office and

Gauteng Regional

Office

Glenwood Office Park

Cnr. Oberon & Sprite Streets

Faerie Glen

Pretoria

Or

International Business Gateway

Cnr. 6th & New Road

Sanlam Building First Floor

Midrand

1685

IDT/LEG-01/2015-

2018/GP

http://www.idt.org.za/


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OFFICE NAME

PHYSICAL ADDRESS

REGIONAL REFERENCE

Eastern Cape

Palm Square Business Park

Bonza Bay Road

Silverwood House

Beacon Bay

East London

5241

IDT/LEG-01/2015-

2018/EC

Free State

PHG Building / The Courtyard

196 Nelson Mandela Drive

Brandwag

Bloemfontein

IDT/LEG-01/2015-

2018/FS

KwaZulu Natal

12th Floor the Marine

22 Dorothy Nyembe Street

Durban

4001

IDT/LEG-01/2015-

2018/KZN

Limpopo

68 Hans Van Rensburg Street

2nd Floor

Polokwane

IDT/LEG-01/2015-

2018/LP

Mpumalanga

34 Brown Street

1st Floor ABSA Building

Nelspruit

IDT/LEG-01/2015-

2018/MP

Northern Cape

10 Roper Street

Kimberley

8301

IDT/LEG-01/2015-

2018/NC

North West

4059 Joules Street

Mafikeng

2745

IDT/LEG-01/2015-

2018/NW

Western Cape

30 Waterkant Street

2nd Floor

Cape Town

8000

IDT/LEG-01/2015-

2018/WC

9. EVALUATION CRITERIA FOR FUNCTIONALITY

A bidder that scores less than 70% of total functionality points will be disqualified.

The functionality criteria are listed below, and will be rated as follows:


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Item Description Details Documents To Provide Scale Weight

1 Capacity The bidder’s

infrastructure

resources

and proof of

existence.

Company profile incorporating:

Proof that the bidder has been in

existence and in practice for a period of at

least three (3) years at the closing date of

this request for proposals (minimum of

three (3) years of existence and in

practice; and

Record of Infrastructure: confirmation of

the premises from which the bidder

conducts its business, the bidder’s

communication and documents service

facilities (maximum points allocation =

providing the bidder’s fixed address, lead

attorney’s e-mail address, telephone and

facsimile number and computer system

being used by the bidder).

10

15

25

2 Knowledge

and

expertise

Area(s) of

specialty of

the lead

attorney(s) as

per the areas

of the law

listed in

paragraph 3

hereof.

Demonstrable

experience in

Curriculum vitae of the lead attorney (s)

incorporating:

a. Proof of qualifications and

admission as an attorney;

b. A record of attendance and a brief

summary of three (3) complex

matters attended to by the lead

attorney(s) under the identified

area(s) of service in the last three

20

25


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the identified

area(s) of the

law and ability

to conduct

research and

provide

solutions.

(3) years prior to the closing date

of this request for proposal; and

c. Proof of the lead attorneys’ five (5)

years’ post admission experience

in the identified area (s) of service.

15

60

3 Track record

(references)

Three reference letters from clients to

whom the bidder has provided services

similar to ones listed in the identified area

of service.

These reference letters must be on

client’s letterhead and the service must

have been rendered in the last two years

prior to the closing date of this request for

proposals (maximum points allocation =

at least three (3) reference letters).

15

15

TOTAL FUNCTIONALITY POINTS

100

10. PREFERENCE POINT SYSTEM

10.1 The formula below will be used to calculate the preference procurement

points for price:

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid or offer under consideration

Pmin = Comparative price of lowest acceptable bid


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10.2 Depending on the bidder’s level of Broad-Based Black Economic

Empowerment contribution, a maximum of 10 points may be allocated to a

bidder. The points scored by a bidder for Broad-Based Black Economic

Empowerment contribution must be added to the preference procurement

points allocated for price. In terms of Regulation 5 (2) and 6 (2) of the

Preferential Procurement Regulations, preference points must be awarded

to a bidder for attaining the B-BBEE status level of contribution in

accordance with the table below:

BBEE Status Level of the bidder

Number of points

1 10

2 9

3 8

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor

0

10.3 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a

certificate issued by an Accounting Officer as contemplated in the CCA or

a Verification Agency accredited by SANAS or a Registered Auditor.

Registered auditors do not need to meet the prerequisite for IRBA’s

approval for the purpose of conducting verification and issuing EMEs with

B-BBEE Status Level Certificates.

10.4 Bidders other than EMEs must submit their original and valid B-BBEE status

level verification certificate or a certified copy thereof, substantiating their


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B-BBEE rating issued by a Registered Auditor approved by IRBA or a

Verification Agency accredited by SANAS.

10.5 A trust, consortium or joint venture, will qualify for points for their B-BBEE

status level as a legal entity, provided that the entity submits their B-BBEE

status level certificate.

10.6 A trust, consortium or joint venture will qualify for points for their B-BBEE

status level as an unincorporated entity, provided that the entity submits

their consolidated B-BBEE scorecard as if they were a group structure and

that such a consolidated B-BBEE scorecard is prepared for every separate

bid.

10.7 A person will not be awarded points for B-BBEE status level if it is indicated

in the bid documents that such a bidder intends sub-contracting more than

25% of the value of the contract to any other enterprise that does not qualify

for at least the points that such a bidder qualifies for, unless the intended

sub-contractor is an EME that has the capability and ability to execute the

sub-contract.

10.8 A person awarded a contract may not sub-contract more than 25% of the

value of the contract to another enterprise that does not have an equal or

higher B-BBEE status level than the person concerned, unless the contract

is sub-contracted to an EME that has the capability and ability to execute

the sub-contract.

11. TENDER EVALUATION

Tender evaluation will be done as per the phases below:

11.1 Phase 1 will be the screening of mandatory documents, ensuring

compliance thereof and evaluation of specific goals. Tenderers must submit


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all mandatory documents to qualify to phase two of the evaluation, failure

to do so will lead to disqualification.

11.2 Phase 2 will be an evaluation on functionality wherein tenderers who do not

meet the threshold of 70% of total functionality points will be disqualified

and will not be further considered for phase 3 of the evaluation.

11.3 Phase 3 will be evaluation on B-BBEE and price, where the highest point

scorer will be recommended for the tender award.

12. ENQUIRIES

12.1 Should it be necessary for a bidder to obtain clarity on any matter arising

from or referred to in this RFP document, please refer your enquiries, in

writing, to the contact person(s) listed below.

12.1.1 Senior Manager: Legal Services- Mr. Ntsumbedzeni Nemasisi at

(012) 845 2002 [email protected]

13. COMPULSORY RETURNABLE DOCUMENTS

The following compulsory returnable documents must be submitted with the

proposal in the following sequence. Failure to supply any of these documents will

lead to disqualification from this bid:

a) Company registration documents, if incorporated;

b) Valid and Original Tax Clearance Certificate;

c) Firm’s Indemnity Certificate issued by the Attorneys’ Insurance Fidelity

Fund for the present year;

d) Valid certified copy of the Fidelity Fund Certificates;

mailto:[email protected]


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e) Proof of FICA registration;

f) Letter of good standing with the relevant Law Society, for each team

member, not older than 3 months;

g) Fully signed SBD forms and Supplier Database Registration Form.

14. Late submissions will not be accepted.

15. Bids submitted by means of e-mail, telegram, telex, facsimile, electronic or similar

means shall not be considered.

16. The IDT is not obliged to accept the lowest or any bid and reserves the right

to accept any bid in whole or part.