OFFICE OF THE REGISTRAR TENDER NO. REG/LS/2016/004

INTERNAL LEGAL ADVISORY SERVICES

INVITATION TO TENDER Suitably qualified service providers, interested in providing a legal advisory service to the University of Pretoria (hereinafter referred to as “the University”), as specified in the tender document and subject to the terms and conditions as set out herein, are invited to tender. Completed tender documents must be hand delivered in a sealed envelope, clearly marked with the abovementioned tender number and addressed to: The Procurement Manager University of Pretoria Administration Building, Room 5-37 Corner of Lynnwood Road and Roper Street Hatfield

CLOSING DATE: 15 July 2016 at 12:00

No late tenders will be accepted!

Service Provider Name ……………………………………………………………………………

1.

INTRODUCTION The University of Pretoria has established itself as a leading research-intensive university in Africa, recognised internationally for its quality, relevance and impact, developing people, creating knowledge and making a difference locally and globally. In keeping with its mission the University seeks to appoint a suitably qualified service provider to cater for the University’s legal advisory services and related needs. The successful service provider will scan the legal landscape relevant to the Higher Education sector in relation to the University and provide real time information on changes in legislation that may impact on the institution and its services. Regular communication is imperative to maintain the efficiency of managing matters of a legal nature. In terms of this service, the service provider will be proactive in its endeavours in ensuring that the University is kept abreast of all possible implications within the ambit of its legal framework.

2.

SCOPE OF WORK The University seeks to appoint an experienced and professional team of legal advisors to render high-level IN-HOUSE commercial, legal and related services on a proposed three-year term basis.

2.1

Personnel requirements The successful tenderer must: 2.1.1

2.1.2 2.1.3

2.1.4

Place at least three appropriately qualified legal advisors at the Hatfield Campus of the University on a full-time basis, together with administrative support staff, as follows: • A senior legal advisor with at least 15 years’ experience (admitted attorney or advocate, preferably an attorney); • a senior legal advisor with at least 10 years’ experience (admitted attorney or advocate, preferably an attorney); • a junior legal advisor with appropriate experience; and • at least two secretaries. All of the above personnel are to be based at the University on a full-time basis for the duration of the contract (in terms of the contract, services have to be provided for a total of 440 hours per month, with the senior legal advisors providing 320 hours of service, i.e. 40 hours per week per person for 52 weeks per year). Note: At least one of the full-time legal advisors must be an EE candidate. Provide detailed verified information regarding the qualifications and experience of all personnel to be placed at the University. Render proof (through previous and/or current contracts) of having sufficient capacity to be able to render a fast, professional, efficient and high quality service to the University. Have a full contingent of back-up legal services available to complement the three legal advisors based at the University. These would include, inter alia, a labour law specialist. 2

2.1.5 2.1.6

Have qualified conveyancers to assist with various types of property transactions. Provide full particulars of the back-up legal services and the qualifications of the relevant staff members of the firm should also be provided. Ensure that the services of the full-time legal advisors and support staff are available to the University on demand which may involve working overtime as well as holidays. Provide temporary staff with similar qualifications and experience to relieve the proposed personnel based at the University should the need arise (including holidays).

2.1.7 2.1.8

2.2. Pricing 2.2.1 All submissions must clearly indicate pricing structure, which must include: • • • • • • • •

the proposed hourly rate of the legal advisors; the proposed hourly rate of the administrative/secretarial staff; any additional costs per level of all proposed additional personnel deemed necessary; annual escalations if and where applicable; any other costs that the service provider deems necessary; VAT (where applicable) on all prices quoted; the tariffs of the staff providing back-up legal services; and overtime tariffs

2.2.2 All quoted pricing must remain valid for at least 120 days from the closing date of the tender. Firm prices shall be tendered and include all charges. Tenderers are encouraged to present the best possible pricing rates in view of the public nature of funding of the University. 2.3

Nature of services and Experience required 2.3.1 The successful tenderer must be able to provide three full-time legal advisors (one with at least 15 years’ and one with at least 10 years’ experience in the practice of law as well as a junior legal advisor with appropriate experience). 2.3.2 The successful tenderer must have experience and skills in the following fields: • • • • • • • • • • • •

Administrative Law Commercial Law Competition Law Consumer Protection Law Corporate Law Employment Benefits Law Health, Safety and Environmental Law Intellectual Property Law Labour Law Law of Contract Pension Fund Law Property Law 3

• • •

Sport Law Arbitration and Mediation Company Secretarial Services

2.3.3 The following is highly recommended: • • • • • • •

Experience related to Higher Education matters. Extensive experience in negotiating, reviewing and drafting various types of agreements. Experience related to research contracts and Intellectual Property. Experience as chairperson of a disciplinary committee(s) and/or acting as prosecutor in disciplinary matters. Experience in Corporate Law, Companies Law and corporate governance matters. Experience in Administrative Law and Labour Law. Sufficient experience in legal matters relating to sport.

2.3.4 The relevant staff will be required to familiarise themselves with the following within the shortest possible period of time: • • •

3.

Functioning of internal reporting structures within UP as well as that of its campus companies (‘Enterprises UP’), TuksSport (Pty) Ltd, Tuks High School, etc. Personnel and student disciplinary codes of the University. Policy, Regulatory and Procedural framework and other relevant institutional rules of the University.

TRAINING AND OTHER SERVICES The successful tenderer must be:

3.1 3.2 3.3 3.4

4.

Competent to assist UP in all litigation matters including competition law matters in the various courts and tribunals. Registered as an agent with CIPC and the Deeds Office in order to obtain company and property information. Competent to render services regarding compliance with legislation applicable to Private Companies, Trusts, Schools and Higher Education Institutions. Able to render training services for personnel on Labour, Compliance and Health and Safety matters.

VALUE-ADDED SERVICES Full details of any value-added services that can be rendered to the University with no cost implications for the institution must be provided. The value-added service must be listed together with details of how it will positively impact the University. This will be considered strongly during the tender evaluation process and will be a heavily weighted decisive factor in the awarding of the tender.

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5.

ADDITIONAL INFORMATION

5.1

The University will provide office space on its Hatfield Campus, as well as suitable office equipment deemed necessary for the successful tenderer to execute the contract.

5.2

All interested tenderers should provide a full exposition of the scope of work undertaken in the past, proof of the firm’s proficiency in terms of delivering the aforementioned services and examples of successes achieved.

5.3

A list of references with contact details should be included in the submission with the understanding that permission is thereby granted to the University to contact such references.

6.

MANDATORY DOCUMENTS TO BE SUPPLIED WITH TENDER

6.1 6.2 6.3

6.5 6.6 6.7 6.8

Registration document of the enterprise (copy). Tax Clearance Certificate (in good standing) issued by SARS (original certificate). Original Proof of banking details by means of: 6.3.1 a bank cancelled cheque, or 6.3.2 Written confirmation of account details from bank concerned – only letters dated within the last three months will be accepted. A valid B-BBEE certificate issued by a SANAS or IRBA accredited verification agency (certified copy). Audited financial statements for the last two years. Proof of membership of organisation/s (as stated elsewhere). CVs of senior personnel. Company profile.

7.

EVALUATION CRITERIA

7.1

Phase 1

6.4

The following criteria will be used for the evaluation of all tender submissions to arrive at a shortlist of preferred suppliers who qualify to advance to Phase 2 of the evaluation process: 7.1.1 The complete submission of all mandatory documents requested in paragraph 6 of this document. 7.1.2 The two senior in-house legal advisors must be admitted attorneys or advocates (preferably attorneys). 7.1.3. One in-house legal advisor should have at least 15 years’ experience and the other at least 10 years’ experience in the practice of law, while the junior legal advisor should have appropriate experience. 7.1.4. The tenderer must have sufficient capacity to provide back-up legal services in support of the three in-house legal advisors, including a labour law specialist and qualified conveyancers. 7.1.5. The tenderer must be registered as an agent with CIPC and the Deeds Office.

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7.2

Phase 2 The measurable criteria include but are not limited to the following: •

Experience and skills in a similar environment

•

Proof of the firm’s proficiency in terms of delivering the services mentioned in paragraphs 2.3 and 3 above and examples of successes achieved.

•

Full details of any value-added services that can be rendered (please refer to paragraph 4 in this regard).

•

References.

•

Experience related to Higher Education matters.

•

Extensive experience in negotiating, reviewing and drafting various types of agreements.

•

Experience related to research contracts and Intellectual Property.

•

Experience as chairperson(s) of a disciplinary committee(s) and/or acting as prosecutor in disciplinary matters.

•

Experience in Corporate Law, Companies Law and corporate governance matters.

•

Experience in Administrative Law and Labour Law.

•

Sufficient experience in legal matters relating to sport.

•

Ability to render training services for personnel.

•

BBBEE Status.

•

Price: In determining the price take into consideration the following – (i) (ii) (iii)

The seniority and expertise of the staff; the number of hours the services must be rendered in terms of the contract; and Overtime tariffs.

Note: Please ensure that costing is comprehensive as no upward adjustments to tariffs will be accepted after the awarding of this tender.

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8.

TENDER EVALUATION PROCESS 8.1

Pre-qualification assessment All tender proposals received by the closing date and time (hand delivered in a sealed envelope to the Procurement Manager at the address indicated on the cover page of the Invitation to Tender) will be assessed for compliance with the technical and additional mandatory requirements contained in the Request for Tender.

8.2

Functional analysis All qualifying tender proposals will be evaluated and scored against the evaluation criteria (please refer to paragraph 7.2). Qualifying tenderers may be required to make a presentation based on their proposals to the Tender Evaluation Committee. Tenderers are required to ensure that their proposals contain clear details on the chargeout rates for each level of staff/services: • • • • •

the proposed hourly rate of the legal advisors; the proposed hourly rate of the administrative/secretarial staff; any additional costs per level of all necessary proposed additional personnel deemed necessary; annual escalations if and where applicable; and any other costs that the service provider deems necessary.

Please note: Value-added services will be considered strongly during the tender evaluation process and will be a heavily weighted decisive factor in the awarding of the tender. 8.3

Tender approval and award Final award of the tender, if any should be awarded, will be subject to University policies, internal processes and the rights reserved by the University.

9.

TENDER AWARD The University of Pretoria is under no obligation to award any tender. The University of Pretoria reserves the right to accept or reject any tender fully or partly without assigning any reason. The University of Pretoria reserves the right to negotiate further terms and conditions with the successful tenderer before the final awarding of the contract. The submission of a Proposal shall be deemed to constitute acceptance by the Proposer of all the General Terms and Conditions of Tender set out therein.

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10.

PLEASE PROVIDE THE FOLLOWING COMPANY INFORMATION Company name Contact person Contact number (Landline) Contact number (Cellular telephone) Email address

11.

LIST OF CONTACTABLE REFERENCES 11.1

The Service Provider shall provide a contactable customer list – a minimum of 3 (three) references, but not more than 10 (ten) references – of contracts of a similar size.

11.2

The contract period must be for a minimum period of 1 (one) year and at least 2 (two) contracts with customers included as references must be current.

11.3

All references provided should not be older than 5 (five) years.

NAME OF

CONTACT

COMPANY

PERSON

TELEPHONE NUMBER

CONTRACT VALUE

DURATION OF CONTRACT

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12.

STATEMENT OF COMMITMENT I, the undersigned ..…………………………………………….……….………………………….. (name of authorised official), in my capacity as ……………………………………………………………………………….. of ………………………………………………………………………………………………………... (name of Service Provider) 12.1

12.2

12.3

12.4 12.5

declare that the Service Provider has studied the contents of the invitation to submit a tender and that the Service Provider is prepared to execute the Internal Legal Advisory Services according to the relevant specifications and to the satisfaction of the University; have the authorisation to sign tender documents on behalf of the Service Provider (kindly attached a director’s resolution or proxy, authorising the signatory hereto to sign the tender documents on behalf of the Service Provider); declare that the Service Provider has the financial ability and requisite expertise to meet its obligations in respect of the services requested by the University and that it is in a sound position to meet its overall financial commitments; wish to state that the information submitted is true and correct in all respects; certify that, to the best of the Service Provider’s knowledge – no official, employee, agent or representative of the Service Provider has any direct or indirect vested interest in the University / wish to declare that the following officials/members of our organisation/entity have a direct/indirect interest in or with the University*. *Please delete whichever is not applicable

If any officials or members of the organisation/entity have any direct/indirect interest in or with the University, please provide the name of the relevant official or member along with a description of the nature of such direct/indirect interest. ……………………………………………………………………………………………….………

……………………………………………………………………………………………….………

…………………………………………………………………………………..............................

………………………………………… Signature of authorised official

……………………………………… Date

on behalf of the Service Provider

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