RFQ: Legal Review: Legislative Landscape for Small Scale Embedded Generation

GreenCape is looking for a suitability qualified and experienced service provider to do a legal review in relation to small scale embedded generation installations

PLEASE NOTE:  The closing date for submission is THURSDAY 05 October 2023. Access the full RFQ using the link here

One of GreenCape’s current projects focuses on the professionalisation of the solar PV industry in South Africa. As part of this project, GreenCape is seeking expert legal advice (possibly augmented with technical support) to help clarify the legislative landscape governing small scale embedded generation (SSEG).

Interested organisations are invited to submit quotations to undertake this work.

Background 

The current legislative framework and the large-scale uptake of solar PV and battery storage systems by customers implementing mitigations against loadshedding appear to have resulted in many loopholes for installations being exploited. It is important to drive safe and legal installations and ensure that customers (and the wider ecosystem of stakeholders) have the requisite understanding to follow the correct procedures and processing to enable legally compliant installations, and the necessary understanding and backing to know what steps to take if something goes wrong.

Scope of work 

The key questions that need to be investigated are:
– Which acts, regulations, and laws govern SSEG2?
– Who has the authority to sign off the respective installations (i.e. residential, commercial and industrial)?
– Where are there potential loopholes that could be exploited?
– In the case of non-compliance (or reasonable suspicion of illegal behaviour) and/or failure (catastrophic or other) of a PV system with battery storage, without battery storage or a stand-alone battery system, what would be the legal recourse (and associated reference documents or clauses) for each relevant individual stakeholder (including the customer, installation company, person who signed the COC3, ECSA4-registered professional who signed off on the installation, debt finance provider, insurer, electricity supplier (Eskom/municipality)? (The City of Cape Town context can be used as a case study, if the case is not generalisable between Eskom and municipalities or across all municipalities.)
– Who are the relevant stakeholders that can influence the legislative landscape?

To assist in answering the above questions, the following are the proposed (but not exhaustive) sub-components of the legal review:

• Confirmation of the mandate of SANS5 10142-16
• Occupational Health and Safety Act
• Electrical Installation Regulations

Estimated Date of delivery: 10 November 2023

General information

1. Any quotation submitted after the closing date and time shall not be considered.
2. GreenCape reserves the right to cancel the procurement process without notice at any time and not make any appointment on this project.
3. All quotations will be evaluated on the basis of a functionality/price/B-BEEE weighting of 50/30/20 B-BBEE points will be calculated as per the table set out in Annexure A to this RFQ.
4. Each bidder must include in its quotation a confirmation that it does not and will not have any actual or potential conflict of interest in submitting its quotation (see Declaration of Interest attached as Annexure B to this RFQ).
5. Functionality will be based on the following criteria: Proposed approach taking into account the need for both legal and technical insight, team composition (team member(s) CVs and management structure), track record (previous similar project experience), adherence to the scope of work.
6. The acceptance of a quotation and the awarding of this project or any part thereof to a bidder will be communicated in writing by GreenCape.
7. Following acceptance of a quotation, the appointed bidder will be expected to enter into a service level agreement and a non-disclosure agreement with GreenCape.
8. The successful quote submitted by the bidder will form part of the service level agreement and may not be amended at any time after acceptance unless agreed to in writing by GreenCape and the service provider.
9. The appointed bidder will be expected to comply, inter alia, with the following:
   9.1. any applicable health and safety rules and regulations, including, but not limited to, the provisions of the Occupational Health and Safety Act No. 85 of 1993;
   9.2. registration and good standing with the Commissioner for Compensation for Occupational Injuries and Diseases and having the necessary employer’s liability insurance in respect of its employees/agents in line with the provisions of the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993, as amended; and
   9.3. sufficient insurance to cover its liabilities in respect of the services to be provided and any other insurances that may specifically be required by GreenCape in relation to its appointment on this project, if any.

Submission requirements

Interested organisations are invited to submit a quote for the outlined scope of work that should include the following:

1. Quotation for the work, broken down by activity
2. A brief work plan that outlines the proposed approach and activities that would be taken to achieve the required scope of work. The work plan should include:
   a. a brief description of the proposed approach to complete a legal review of the legislative landscape of small scale embedded generation duly noting how the (combination of) legal and technical insight required to address the questions are to be obtained
   b. the proposed activities to achieve the required scope of work
   c. the timeframes for each activity
   d. a risk register and mitigation plan that addresses any key project risks.
3.  CVs of proposed team and team structure/organogram
4. Company profile, indicating previous projects with similar requirements
5. Tax Clearance Certificate
6. Company Registration Certificate
7. Declaration of Interest
8. BEE credentials with certificate or affidavit as relevant
9. Letter of good standing from the Compensation Fund in South Africa (COID)
10. Proof of required insurances

Please email the above documentation to [email protected] by 5 October 2023, 09h00, using the reference: Legislative Landscape for SSEG.

Please note that a failure to submit any of the required documentation could result in the bidder being excluded from the tender process.

For any queries related to this RFQ, please email: [email protected]

ACCESS THE FULL RFQ USING THE LINK HERE