TERMS OF REFERENCE FOR THE APPOINTMENT OF A PANEL OF
ATTORNEYS FOR THE NATIONAL HOME BUILDERS REGISTRATION COUNCIL
(“NHBRC”) FOR A CONTRACTUAL PERIOD OF THREE (03) YEARS
RFP NO: NHBRC 1125/2014
1. INTRODUCTION
1.1 The NHBRC is a regulatory body established in terms of Section 2 of the
Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998) with
a mandate to protect the interests of housing consumers against defined
defects in new homes as well as to regulate the home building industry.
2. OBJECTIVE
2.1 The NHBRC is requires to establish a panel of attorneys to provide various
legal services to the organization through a competitive bidding process. The
establishment of the said panel is aimed to ensure not only easy access and
availability of the appointed law firms on an “as and when required” basis, but
also to ensure a panel comprising of suitably qualified law firms that will assist
the NHBRC to execute its mandate in an efficient and effective manner.
2.2 The purpose of this request for proposals is therefore, to outline the NHBRC’s
requirements and/or criteria for the appointment of firms of attorneys to the
NHBRC’s panel of attorneys.
2.3 Suitably qualified firms of attorneys in all provinces are hereby invited to
submit their proposals for consideration by the NHBRC.
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3. SCOPE OF WORK
3.1. The successful firms of attorneys will be required to render legal services to
the NHBRC on a wide range of specialized areas, including but not limited
to:
3.1.1. Provision of corporate, commercial and regulatory compliance legal
advice;
3.1.2. Representing and acting on behalf of the NHBRC in court including
handling applications for interdicts against defaulting home builders;
3.1.3. Reviewing, negotiating and drafting of contracts;
3.1.4. Representing and acting on behalf of the NHBRC in arbitration, other
forms of Alternative Dispute Resolution mechanisms and quasi-judicial
forums;
3.1.5. Representing and acting on behalf of the NHBRC at Commission for
Conciliation Mediation and Arbitration and the labour courts;
3.1.6. Chairing and/or representing the NHBRC during employee disciplinary
hearings;
3.1.7. Prosecution of home builders in terms of the Act;
3.1.8. Investigation of cases;
3.1.9. Debt collections including recovery of monies expended by the
NHBRC in respect of remedial works;
3.1.10. Legislative review and drafting;
3.1.11. Training on relevant pieces of legislation and any other related legal
issues;
3.1.12. Legal due diligence.
3.2. The firm of Attorneys must have a working knowledge in inter alia, the
following legal fields:
3.2.1. Public Finance Management legislative framework;
3.2.2. Construction Law, including built environment legislative framework;
3.2.3. Property Law;
3.2.4. Company Law;
3.2.5. Court Rules (civil and criminal procedure);
3.2.6. Contract Law;
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3.2.7. Labour Law;
3.2.8. Administrative Law;
3.2.9. Constitutional Law;
3.2.10. Law of Damages;
3.2.11. Access to Information Law;
3.2.12. Insolvency Law;
3.2.13. Credit Law;
3.2.14. Intellectual Property Law; and
3.2.15. Consumer Law.
4. SUBMISSION REQUIREMENTS
The following must be included in the proposal:
A.
NO.
4.1.
Mandatory Requirements
DECSRIPTION
COMPLY
NOT
()
COMPLY ()
Fidelity Fund certificate issued in terms
of the Attorneys (Act No.53 of 1979 as
amended).
4.2.
Proof of registration with the relevant
Law Society.
4.3.
Letter of good standing with the
relevant Law Society not older than six
(6) months.
4.4.
Original and Valid Tax Clearance
Certificate.
Mandatory
4.5. Curriculum Vitae of the Lead and Key Staff and certified copies of
qualifications as well as their speciality within the fields stated in paragraph 3
above. The Curriculum Vitae must include the following:
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4.5.1. area of speciality
4.5.2. years of experience in the identified areas (s) of speciality
4.5.3. Number of projects undertaken in the area of speciality in the last two
(2) years
4.6. The Lead Attorney must have at least seven (7) years’ post admission
experience in identified area (s) of speciality.
4.7. The hourly rates from Director to Candidate Attorneys.
4.8. Three reference letters from clients whom the bidder has provided services
similar to the identified areas of speciality in the last two (2) years.
4.9. Locality, i.e. the business (and postal address) address where the bidder
conducts its business including other regional offices within the Republic of
South Africa.
4.10. Skills transfer strategy and implementation plan:
4.10.1. The bidder should demonstrate an approach and methodology of how
the firm will transfer skills to the NHBRC employees.
5. BID EVALUATION
5.1. The bid evaluation process shall be carried out in two (2) stages namely:
Stage 1:
Compliance check of Mandatory Documents; and
Stage 2:
Functionality in terms of the set technical evaluation criteria.
STAGE 1: Compliance check of Mandatory Documents
5.2. The bidder’s documents will be assessed at this stage of the process to
establish compliance with the required standard conditions of the proposal.
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STAGE 2: Functionality
5.3. Proposals will be evaluated based on functionality, which has been allocated
a total of 100 points.
5.4. During this phase, bidders will be evaluated based on achieving a minimum
qualifying score of 70 points. Bidders who fail to achieve the minimum
qualifying score shall be disqualified.
5.5. The functionality criteria is listed below, and will be rated as follows:
Table 1: below illustrates the breakdown of the evaluation scoring:
Evaluation Criteria Score
Evaluation Criteria
Score
Capacity and experience of the proposed team
a)
30
Demonstrate ability in identified scope of specialty.
Experience as reflected in projects (5 key projects in
the last 5 years) already undertaken (indicate the
following in the form of a table which should cover area
of speciality, description of the project, value of the
contract, name of client and client contact person),
period of the contract, start and end date.
b)
A
minimum
undertaken,
of
list
five reference
names,
of
similar
addresses,
work
telephone
numbers, fax numbers and email addresses of
5
businesses of which work has accomplished for the
supply of legal services in respect of the above
projects.
c)
Provide detailed CVs
and certified copies of 10
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Evaluation Criteria
Score
qualifications of lead attorneys who will be directly
involved in providing the required services specifying
areas of specialty as referred to in (paragraph 3.12)
above. The lead attorneys must have at least seven
(7) years post admission working experience in
identified areas of specialty.
d)
Provide detailed CVs of team members and certified
copies of qualifications specifying areas of specialty as 10
referred to in (paragraph 3.12) above. The team
members must have at least two (02) years minimum
post admission working experience in identified areas
of specialty.
Financial Position
Audited Financial Statements with auditor’s report of the company 15
for the past three years. Financial Statements of a Close
Corporation for the past three years prepared by an independent
accountant with proof.
Infrastructure and other related resources
15
The Service Provider should demonstrate the capacity to provide
the infrastructure and resources in respect to the services as
required.
e) Premises
Office address must correspond with the location of the
province you are responding for. Proof of offices in the
locations where you are responding to render services (as
indicated by the provinces that were selected).
The NHBRC reserves the right to conduct site visits
Skills Transfer
15
Demonstrate the approach and methodology of how the firm will
transfer skills to the NHBRC employees. The methodology must
include:
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Evaluation Criteria
f)
Score
Strategy
g) Implementation plan
Total
100
Threshold Score
70
Table 2: The following scale will be used to rate this sub criterion on the score sheet
Value
Description
5 – Excellent
Meets or exceeds NHBRC functionality requirements
4 – Very Good
Above average compliance to requirements
3 – Good
Satisfactory and should be adequate for stated element
2 – Average
Below average compliance to requirements
1 – Poor
Unacceptable, does not meet criteria
6. RFP SUBMISSION INSTRUCTION
6.1. Availability of the RFP Document
6.1.1. Bid documents will be available from the NHBRC Website from the 27
February 2015.
Website
www.nhbrc.org.za
Email Address
[email protected] or
[email protected]
6.2. Non Compulsory Briefing Session
6.2.1. The non-compulsory briefing sessions will be held on Thursday, 06th
March 2015 at the following address.
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Province
Physical Address & Contact Number
Gauteng Province
Focus Rooms Conferencing, 1st floor
South, The Core, corner Kikuyu and
Leeuwkop Street, Sunninghill,
Sandton, Gauteng Johannesburg
Note: Bidders who have not attended the non-compulsory briefing session will
not be disqualified.
6.3. RFP Closing Date
6.3.1. All Bid documents must be deposited into the Bid box situated at the
NHBRC Head Office, on or before 19 March 2015, at 11:00 am at the
following address:
Province
Physical Address & Contact Number
Gauteng Province
5 Leeuwkop Road,
Sunninghill,
Johannesburg
Tel: (011) 317 0000
Late proposals shall NOT be accepted
6.3.2. Bid documents should be marked for Attention: Supply Chain
Manager, and deposited into the Bid/Tender box at the NHBRC Head
Office, at no 5 Leeuwkop Road, Sunninghill, Sandton,Johannesburg.
No emailed or faxed responses will be accepted. The Bid document
should be submitted in a sealed envelope and clearly marked with the
Bid number, description and the full name of the service provider.
7.
Enquiries should be directed to:
Mr. Bernard Kekana - Tel. (011) 317 0114, email: [email protected]
Ms.Paballo Relela -Tel. (011) 317 0144,email: [email protected]
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8. Number of bid envelopes/files to be deposited:
8.1. Submission of bid envelopes/files must include one (1) Original and six (6)
copies.
The following documents as listed will be made available with the distribution of the
RFP.
DOCUMENTS TO BE SUBMITTED
No. Please note; the items marked with an (X) are mandatory Yes/No
requirements and failure to meet the requirements will result in your
bid being disqualified.
1.
Original and valid B-BBEE Status Level or certified copy
2.
X
3.
X
4.
X
SBD1 (Invitation to bid) (Make sure it is signed and thoroughly
completed)
SBD2 (Tax Clearance Certificate) Certificate must be original
and valid
SBD 4 (Declaration of interest) (Make sure it is signed) and
thoroughly completed)
SBD 6.1 (Preference claim form) Must be signed regardless if
5.
points are claimed or not. (Make sure it is signed and
thoroughly completed)
6.
X
7.
X
8.
9.
SBD 8 (Declaration of Bidder’s past supply chain management
practices) (Make sure it is signed and thoroughly completed)
SBD 9 (Certificate of independent bid determination – Make
sure it is signed and thoroughly completed )
General Conditions of the contract (GCC)
X
Other documents as mentioned in the bid terms of reference.
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