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					                                                               P.O. Box 3209,
                                                               Houghton, 2041
                                                               Block A,
                                                               Riviera Office Park,
                                                               6-10 Riviera Road,
                                                               Riviera




                              REQUEST FOR PROPOSALS




       PANEL OF LEGAL SERVICE PROVIDERS TO
         PROVIDE THE HOUSING DEVELOPMENT
       AGENCY WITH REQUIRED CAPACITY ON AS
        AND WHEN BASIS FOR A 2 YEAR PERIOD




                             APPLICATIONS TO BE SUBMITTED BY

                                     NOT LATER THAN

                     12 NOON ON TUESDAY 21st SEPTEMBER 2010




                                                         30 AUGUST 2010


                                                                                  1

Panel of Legal Service Providers
   PANEL OF LEGAL SERVICE PROVIDERS TO PROVIDE THE HDA
   WITH REQUIRED CAPACITY ON AN AS AND WHEN REQUIRED
                          BASIS



     1. INTRODUCTION


The HDA is a national public development agency which promotes sustainable communities by
making well located and appropriately planned land available for the development of human
settlement. As its primary activity, the HDA assembles state, private and communal land and
releases it for development. In addition HDA provides project delivery support services to organs of
state at local, provincial and national level. Informal settlements upgrading and project management
services are a particular focus of the organisation.

The HDA requires the services of appropriately qualified legal service providers to render specialized
services which are not available in house, on an as and when required basis. It is the objective of this
call for proposals to identify specialists within specific fields of competence and qualification whose
services can be utilised by the HDA.

In terms of the Public Finance Management Act 1 of 1999 (as amended) and related Supply Chain
Management Policy, the HDA is obliged to follow a competitive bidding process to appoint a supplier
of services.

This request for proposal is put out in an open and transparent manner to afford all professionals and
entities an equal opportunity to perform specialized legal services for the HDA. From this process, the
HDA will appoint a panel of specialists to render specific specialized services on an as and when
required basis. Appointed service providers in the same area of skill will be utilised on a roster basis.


     2. GENERAL QUALIFICATION

To be considered, the service provider/entity must be in possession of a relevant qualification or in the
case of a company or joint venture must have relevant qualifications amongst its employees. If the
specialized field requires the practitioner to have admission as an attorney or advocate, such proof
and membership of the Bar Council or Law Society must be provided. Proof of qualification and/or
registration must therefore be submitted in respect of each bidder or employees within a company or
joint venture that submits this bid.

Certified copies will be accepted provided the HDA can insist on having the original documents
submitted for verification purposes. Failure to submit the required proof with the bid documents
will result in the rejection of such bid irrespective whether such bidders are indeed qualified or
registered.

If at any time for the duration of this panel being valid and in operation, an appointed service provider
and/or entity is struck off the roll or disbarred, the appointment of such a practitioner will also be
terminated and all instructions held by that practitioner will be cancelled and recalled.




                                                                                                       2

Panel of Legal Service Providers
     3. NATURE OF SERVICES REQUIRED


          Contract law
          Construction and Project Management related matters
          Planning and Environmental law matters
          Real Estate related agreements
          Establishment and registration of townships
          Advice and opinions on servitudes and other limited real rights to fixed property
          Due diligence exercises
          Legal advice pertaining to Property valuations
          Expropriation of Property and Rights to Property
          Conveyancing and associated tax matters
          Land tenure and Rights to Land
          Asset Management and Specialist Agency Agreements
          Litigation
          Advice on the interpretation and implementation of Housing Policy and Legislation
          SCM Regulations (PFMA and MFMA)
          Advice on interpretation and implementation legislation and regulations arising out of laws
           related to land acquisition, proclamation, development and management both within the
           public and private sectors
          Advice on the legislative and regulatory framework pertaining to inter Governmental Relations
          Labour Law
          Drafting of employment contracts
          Service level Agreements


     4. QUALIFICATIONS AND EXPERIENCE REQUIRED:


     4.1. Qualifications

The bidder, in the case of an individual, must be in possession of a relevant degree or qualification. In
the case of a firm or company or consortium submitting a bid, a list of persons indicating their relevant
degree or qualification must be provided. Only individuals whose names appear on the list will be
used for purposes of this bid. Failure to submit proof of admission will result in such individual /
firm not being considered.



     4.2. Experience


All individuals, or individuals forming part of a firm, company or consortium, submitting a bid, should
indicate for which specific specialised services they are bidding. In addition, a list of names of
individuals who have appropriate experience in the specified specialized field should be submitted.

A list of companies / local authorities / Provincial departments for whom similar type of work for which
the bid is submitted has been done in the past 2 years, must be provided with the most recently
served company / local authority / Provincial departments being mentioned first with same sequence
being followed and specifying the nature and value of all work done




                                                                                                       3

Panel of Legal Service Providers
     4.3. Capacity:


A clear commitment of the availability of the individuals as provided in the list of names mentioned
above should be given.

Profiles of practitioners that will be servicing the client must be provided, and these should also
outline the BEE Status/rating of the firm. Preference will be given to BEE companies.

     5. SCHEDULE OF FEES


A “Schedule of Fees”, for typical work carried out by the service provider has to be completed and
submitted by prospective bidders.

     6. DURATION

The Panel will be appointed for a period of 24 months.

     7. BIDDERS EVALUATION


Bidders will be evaluated in terms of the prevailing supply chain policy applicable to the HDA. When
required to submit a quotation the panel will be operated and utilised on a rotational basis to ensure
fairness.

The selection of the qualifying proposal will be at the HDA’s sole discretion. The HDA does not bind
itself to accept any particular bid/proposal, and reserves the right not to appoint the service provider.
All decisions of the HDA in respect of the appointment or non-appointment of Bidders are final. The
successful Service Providers will be selected to form part of the panel of Legal Service Providers of
the HDA.



     8. SUBMISSIONS

Kindly complete and submit the HDA Supplier Registration form if not already on our database and
submit together with a valid tax clearance certificate as well as any of the schedules listed below, if
applicable.

Please submit a proposal to the HDA by e-mail for the attention of Taffy Adler on email address
procurement@thehda.co.za

                      Or

Deliver to the following address:

Block A,
Riviera Office Park,
6-10 Riviera Road,
Riviera

                                          st
Not later than 12 noon on Tuesday 21 September 2010.


                                                                                                            4

Panel of Legal Service Providers
                                            SCHEDULE 1


           ATTACH PROOF OF ADMISSION AND MEMBERSHIP OF A BAR



                                            SCHEDULE 2


               ATTACH LIST OF QUALIFIED MEMBERS IN CASE OF FIRM/CONSORTIUM



                                            SCHEDULE 3


                 ATTACH QUALIFICATIONS OF LIST OF MEMBERS AS IN SCHEDULE 2



                                            SCHEDULE 4



           ATTACH PROOF OF ADDITIONAL QUALIFICATIONS



                                            SCHEDULE 5



                  ATTACH HDA SUPPLIER REGISTRATION FORM IF NOT REGISTERD ON OUR
                                        DATABASE



                                            SCHEDULE 6



                    RESOLUTIONS WHERE THE BIDDER IS NOT A NATURAL PERSON



Attach copies of duly authorized resolutions, where the bidder is not a natural person, hereto.




                                                                                                  5

Panel of Legal Service Providers

				
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