The Musina-Makhado Special Economic Zone invites law firms with construction law expertise to provide a legal opinion on the implications of a lapsed performance guarantee under a GCC 2015 bulk sewer contract.
Tender Opportunity Overview
The Musina-Makhado Special Economic Zone (MMSEZ), a wholly owned subsidiary of the Limpopo Economic Development Agency , has released tender 1224231 for the appointment of a law firm to provide a legal opinion on the legal effect of the lapse of a performance guarantee under a GCC 2015 Bulk Sewer contract . This specialised legal assignment requires expertise in construction and engineering law to advise on a complex contractual matter affecting a major infrastructure project.
Background to the Legal Matter
MMSEZ awarded a Bulk Sewer Contract on 6 April 2023 under GCC 2015 , a standard form construction contract published by the South African Institution of Civil Engineering . The contractor furnished a Performance Guarantee issued by ABSA on 23 April 2023. However, MMSEZ has not issued an instruction to commence construction, and no physical works have started. The Performance Guarantee subsequently lapsed on 30 April 2025.
Scope of Work
The appointed law firm must provide a comprehensive legal opinion addressing:
- The legal effect of the performance guarantee expiry on the existing contract
- Whether MMSEZ may require a replacement or renewed guarantee to proceed with the project
- Whether the contractor remains obliged to maintain a valid performance guarantee
- Whether the lapse constitutes a breach of contract
- Available remedies under GCC 2015 and South African law
- Recommended legally defensible course of action for MMSEZ
Key Requirements
Interested law firms must:
- Be duly registered with the Legal Practice Council in South Africa
- Demonstrate a minimum of five years’ relevant experience in construction and engineering law
- Have proven experience with GCC 2015 contracts
- Provide CVs of key personnel who will render the services
Evaluation Criteria
Proposals will follow a three-stage evaluation process:
- Stage 1: Administrative Compliance – CSD registration, tax compliance, and complete SBD documents
- Stage 2: Functionality – Minimum threshold of 70 points focusing on firm experience, lead legal professional qualifications, and client references
- Stage 3: Price and Specific Goals – 80/20 preference points system
Related opportunity: Ndlambe Municipality Seeks Legal Practitioners for 3-Year Panel
Submission Details
Closing Date: 09 July 2026 at 11:00
Delivery Address: 93 Biccard Street, Polokwane
Email Submissions: Supplychain@mmsez.co.za and copy A.kutama@mmsez.co.za
Download Tender Document: TOR- Legal firms for second legal opinion
Enquiries
Technical Queries: M.Mokono@mmsez.co.za (cut-off date: 07 July 2026 at 14:00)
Administrative Queries: A.Kutama@mmsez.co.za
Stay Updated
Want to stay informed about more tenders, funding opportunities, and business tips? Follow our updates on the StepApp Network:
- WhatsApp Channel: Follow StepApp Updates
- Facebook Page: Follow us
- WhatsApp Group: Join here
- LinkedIn Profile: Connect with StepApp
- X (Twitter): Follow StepApp SA on X