DAG: Land Value Capture Legal Research

Development Action Group (DAG)
Please note: this opportunity closing date has passed and may not be available any more.
Opportunity closing date: 
Monday, 6 July, 2020
Opportunity type: 
Call for proposals

The Development Action Group (DAG) is seeking the services of experienced built environment professionals with legal and planning law expertise to produce a legal research document with sound and compelling legal arguments that set the basis for: i) an in-lieu fees option for inclusionary housing, and ii) mandatory inclusionary housing conditions in existing development corridors and any other areas where there is active urban land markets.
In the event that there is no existing legal provisions that set the basis for the implementation of in-lieu fees for inclusionary housing and mandatory inclusionary housing conditions, the successful consultant is required to produce a report outlining the legal reasons for this, as well as clear recommendations on the process steps required to create an enabling legal environment to align with the SPLUMA inclusionary housing provision.
This research work forms part of the evidence-based research activities to improve knowledge and understanding of Land Value Capture in South Africa. The research output is expected to become a resource to the various metros and provincial departments that are considering or in the process of developing inclusionary housing policy and programmes. The selected firm will be responsible for evaluating the extent to which current South African legislation can achieve the inclusionary housing objective (i.e. determine their current relevance, adequacy or efficacy).

The tasks include identifying evidence based answers to questions not limited to:

  • What is the appropriate legal and regulatory framework to support the in-lieu fees option for the municipal inclusionary housing policy?
  • To what extent does the in-lieu fees option parallel the practice of selling additional development rights currently practiced elsewhere i.e. in South America [1]? What should the ideal legal and regulatory framework to support the lieu-fees option look like?
  • What existing laws and/ or regulatory instruments can be leveraged to encourage private sector contribution to inclusionary housing?
  • What are the ‘shortcomings/ limitations’ of current legal provisions that need to be addressed in order to implement inclusionary housing?
  • What should the ideal legal and regulatory framework to support mandatory inclusionary housing requirements look like?

Time and Place of Submission of Proposals

  • The interested parties must respond to this RFP by submitting a proposal via email to Kathy Aranes Email: kathy@dag.org.za and responses must be received no later than 6 July 2020.

Anticipated Selection Schedule

The request for proposal timeline is as follows:

  • Request for RFP is advertised on: 23 June 2020
  • Deadline for bidders to submit questions is: 30 June 2020
  • DAG will respond to bidder questions by 1 July 2020
  • Selection of Top Bidders / Notification to Unsuccessful Bidders by: 10 July 2020
  • Contract Award and signing of the contract by 17 July 2020.

The Planned Research Project Timeline

DAG needs the project completed within 4 months.

Elements of Proposal

A submission must, at a minimum, include the following elements:

  • A general overview of the organisation/ consortium, including details of the team leading the research i.e. qualifications, expertise and experience relevant to the task.
  • A work plan for the specific task
  • Detailed cost estimates including billable hours, expenses, and details of the expected manner and time of payment
  • A one-page narrative outlining the firm’s strengths and distinguishing skills or capabilities as they might relate to the set objectives in this RFP and the annexed consultant research briefing document.
  • Contactable references

Evaluation Criteria

The successful consultant/ consortium will:

  • Have demonstrated sound expertise on the concept of Land Value Capture
  • Have a minimum of 3 years’ experience in conducting legal research on relevant South African public policy and administration
  • Have demonstrated the education, experience, knowledge, skills, and qualifications of the firm and the individuals who will be available to provide these services
  • Cost their services competitively
  • The proposal will be adjudicated on a combination of the technical and financial proposal. The weighting will be
  • based on 70% technical and 30% financial proposal.

List of RFP Additional Documents:

  • Detailed briefing document: Legal Research on Land Value Capture as Basis for Inclusionary Housing in South Africa
  • Cape Town Inclusionary Housing Concept Note/ Discussion Document
  • City of Johannesburg Inclusionary Housing Comments Report

[1] We will certainly add a few case studies and examples on how other countries have developed inclusionary housing including legal debates or issues that was raised at the time.

For more about the Development Action Group, refer to www.dag.org.za

For other vacancies in the NGO sector, refer to http://www.ngopulse.org/opportunities/other

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