3 April 2017

1 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,

Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli

CALL FOR QUOTATION

Appointment of a competent Law firm for legal expertise

UMDAQ08/2016/17

Appointment of a competent Law firm for legal expertise

1. BACKGROUND

1.1 Umhlosinga Development Agency (PTY) Ltd (“UMDA”) was incorporated and registered in

the year 2004 under the old Companies Act 61 of 1973. It was registered as a private

company, to act as an agent for and on behalf of uMkhanyakude District Municipality for

purposes of implementing economic, social and environmental policies and projects and

accordingly it is defined as a Municipal Entity in terms of Municipal systems amendment

act, 2004

1.2 The old Companies Act did not provide for the registration of entities as state-owned and

as such, companies registered prior to the coming into operation of Act 71 of 2008 had to

be incorporated as private companies, with the parent municipality having ownership of all

their issued shares.

1.3 Upon the coming into operation of the new Companies Act, section 11 (3) (c) of the Act

provided that the Agency’s name was to contain the expression “SOC Ltd” at the end.

However, owing to the fact that UMDA was registered prior to 2008, Schedule 5, Part 4 (c)

of the Act provides that UMDA is deemed to have changed its name and is thus compliant

with section 11 (3) (c) of Act 71 of 2008.

1.4 It is important to mention that as a state-owned company, in the execution of our duties, we

ought to pay due regard to the applicable law, particularly the Municipal Systems Act, the

3 April 2017

2 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,

Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli

Municipal Finance Management Act and the Companies Act and it is thus important to

appoint a competent law firm which will deal with all legal matters relating to Umhlosinga

Development Agency.

2. SPECIFIC OBJECTIVE

The objective is to secure appointment of a suitable service provider; a firm of attorneys with

the requisite experience in corporate law and/ or state-owned entities in order to provide legal

services to UMDA where required.

3. SCOPE OF SERVICES

The scope of work includes, but is not limited to the following:

o Providing legal advice on any matters referred to it by UMDA.

o Providing legal representation on behalf of UMDA in court where necessary.

4. COMPETENCY AND EXPERTISE

o The firm should be duly registered and qualified.

o The firm should have the requisite experience in dealing with corporate matters and/ or

state-owned entities.

5. FEES, TRAVEL, DISBURSEMENTS

Professional fees

The actual amount to be paid will be based on your invoice for services rendered in relation to

the matters referred.

6. SERVICES TO BE PROVIDED BY UMDA

UMDA will:

o Authorize and process payment of all invoices as per agreement.

o Appoint the acceptable law firm.

o Scrutinise any documents received for purposes of clarity.

3 April 2017

3 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,

Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli

7. PAYMENTS

o Payments will be made according to the invoice provided for services rendered and will be

made within a period of 30 days from receipt.

8. CONTRACTS

o A contract between UMDA and the acceptable law firm will be entered into upon

appointment.

ANNEXURE A: EVALUATION OF BIDS

COMPLIANCE: QUALIFYING AND DISQUALIFYING FACTORS

(i) Submission of all information and documentation as listed in this document for the

appointment is essential. Thus, the following documents for the assessment of the

capacity and capability are required and non- submission will reduce the bidder’s

chances of appointment:

o Proof of experience in the required field;

o Documentation pertaining to the law firm and demonstrating competency;

o Rates per hour for services provided by the firm.

The following items are compulsory. Non-submission will invalidate the bidder’s

submission:

o Proof of registration with the relevant professional body.

o MBD Forms 4 & 6.1 (www.umda.org.za)

o Tax clearance certificate (tax compliance pin)

CRITERIA GUIDELINES FOR EVALUATION

3 April 2017

4 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,

Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli

TABLE 2: GUIDELINES FOR EVALUATION

Submissions will be scored using the below scoring table. This bid will be evaluated on

functionality which will determine the capability, ability and capacity of the prospective bidders to

provide the required services. A minimum score of 70% must be obtained by the bidder in order

to qualify to be evaluated for the second evaluation, which is the presentation.

ABILITY

Capacity

Bidders to provide proof of current capacity and ability to produce

the required standard of work.

CAPABILITY

Competency

Experience

Demonstration of competency to render the required service &

providing proof of registration with the relevant professional

body.

Bidders to provide evidence of experience in dealing with state-

owned entities or other entities.

METHODOLOGY

Provide a short description of your intended implementation

methodology indicating time frames to complete the work.

NOTE: In order to ensure meaningful evaluation, bidders must submit detailed

information in substantiation of the evaluation criteria mentioned.

3 April 2017

5 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,

Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli

ASSESSMENT CRITERIA FOR THE EVALUATION OF THE FUNCTIONALITY

EVALUATION MATRIX Points

%

Score

1 Submission of short CV’s of key personnel. 20

CV’s of all key personnel are submited (Directors, Partners,

Associates of the firm >3)

CV’s of some key personnel are submitted (less than 3)

20

10

2 Demonstration of competency to render the required service 10

3 Demonstrable experience of the prospective service provider’s

engagement in similar work

50

Submission of a list of 2 – 5 matters dealt with in the last 5

years.

Submission of a list of 2 - 5 matters dealt with in the last 10

years.

Submission of a list of less than 2 matters dealt with in the last 5

years.

50

30

20

4

Submission of a short description of the intended

implementation methodology, UMDA might invite response

service providers to present their methodology for final

assessment

20

TOTAL 100%

3 April 2017

6 | P a g e Chairperson: Mr. Russell Tembe, Deputy Chairperson: Mr. Sibusiso Gumbi,

Mr. Fundo Thango, Mr. Zwelisha Ndwandwe, Mr. Sipho P Nyawo Chief Executive Officer: Mr. Mandla Ntuli

Bidders that are registered with Web base central supplier’s database will be at an advantage. It is

the bidder’s responsibility to provide all the data and information requested completely and in the

form required. Failure to do so may be regarded by the employer as non-responsive bidders.

Umhlosinga Development Agency is not bound to accept the lowest or any bid and reserves the

right to accept the whole or part of the bid.

All communication between the employer and the bidder should be in a form that can be read,

copied and recorded. All writing should be in English language. The employer will not take

responsibility for non-receipt of communications from bidders.

______________________________________________________________________________

No late submissions will be considered and no bidders sent or submitted by telefacsimile, telegram will be

accepted. Formal written quotation must be deposited in the official bid box outside the of UMhlosinga

Development Agency offices at 308 Ebony Crescent road, Mtubatuba, on or before Tuesday 10 April 2017 at 12h00

midday.

For enquiries related to this bid may be directed procurement section contact Sthembiso Mbatha, Finance Officer on (035) 5503080 during office hours.

…………………………….. 03/04/2017 MR. MM. NTULI DATE CHIEF EXECUTIVE OFFICER