The Free State Department of Health invites suitably qualified private law firms to submit proposals for inclusion on a panel of legal service providers. This five-year contract focuses on litigation management and medico-legal claims, reflecting the department’s commitment to addressing the growing challenge of medical negligence litigation .
The establishment of this panel is part of a broader strategy by the department to manage the significant financial burden of medico-legal claims. With national contingent liabilities exceeding R108 billion and the Free State managing hundreds of active cases, the department requires expert legal support to safeguard public funds and improve healthcare outcomes.
Key Details
- Tender Number: DOH(FS)07/2026/2027
- Closing Date: 14 August 2026 at 11:00
- Compulsory Briefing: 28 July 2026 at 10:00, Auditorium, First Floor, Bophelo House, Bloemfontein
- Contact Person: Me C.J.B Naicker (051-408-1707, NaickerCJB@fshealth.gov.za)
- Technical Enquiries: Adv. S.A Moshodi (051 408 1483 / 066 303 7289)
Scope of Work and Project Background
The successful firms will provide expert litigation support by acting as attorneys for the department, advising on and defending cases of alleged medical negligence—including cerebral palsy, surgical errors, and retinopathy of prematurity cases. This panel will be utilised when the Office of the State Attorney’s internal capacity is insufficient or when specialised expertise is required .
Key Requirements and Conditions
The department operates 32 hospitals and 224 clinics across the Free State, necessitating robust legal support. Bidders must meet the following conditions for appointment:
- Establish a well-resourced local office within 15 km of the Bloemfontein High Court within 30 days of appointment
- Provide a list of dedicated attorneys with CVs, 2026 Letters of Good Standing from the Legal Practice Council, and Fidelity Fund certificates
- Ensure inclusion of women and persons from previously disadvantaged groups
- Demonstrate experience in personal injury claims, contract, labour, administrative law, and medico-legal cases
- Provide a list of medical experts (with contact details) worked with in the last two years
- Submit a detailed litigation strategy outlining personnel, milestones, and delivery timelines
Technical Evaluation and Functionality
Bidders must achieve a minimum functionality score of 75 points out of 100 to qualify for further evaluation. The functionality criteria include:
- Organisation and methodology (10 points)
- Capacity to deliver (20 points)
- Experience in medical negligence matters (40 points) – requiring 20 or more cases for maximum points
- Experience in personal injury matters (20 points) – requiring 15 or more cases for maximum points
- Experience in labour, contract, and administrative law (10 points)
Price and Preference
Bidders must indicate hourly rates as per the Rules Board for Courts of Law guidelines for each resource category, including Director, Senior Associate, Associate, Consultant, and Candidate Attorney. The evaluation will follow the 80/20 preference point system, with price accounting for 80 points and specific goals (women, youth, disability, and Free State-based companies) accounting for 20 points.
Related opportunity: Dawid Kruiper Municipality Seeks Attorneys for a 36-Month Ad-hoc Legal Services
Tender Documents and Submission
The closing date for this tender is 14 August 2026 at 11:00. Tenders must be deposited at the Department of Free State Health, Ground Floor, Bophelo House, Block C-West, opposite the main door.
Bidders must submit their proposals bound and clearly indexed with the required sections, including company profiles, attorney lists, litigation strategy, and all mandatory SBD documents. Failure to attend the compulsory briefing session will invalidate the bid .
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