Issue Date: 
Tuesday, February 7, 2017

New Preferential Procurement Regulations 2017 for Tenders

The brand new Preferential Procurement Regulations 2017, have been finalized and gazetted on 20 January 2017. There are some interesting changes and challenges that we will discuss during the coming months. We start off with the official media release from National Treasury:

The regulations were initially promulgated in 2001 and revised in 2011 thus making this the second revision since the initial promulgation.

The revision of the Preferential Procurement Regulations of 2011 was largely influenced by the need to empower certain categories (Small Medium and Micro Enterprises (SMME) also classified as EMEs or QSEs, Co-operatives, Township and Rural enterprises) through procurement. This was a product of social dialogue on the New Growth Path (NGP), wherein government and social partners signed a Local Procurement Accord on 31 October 2011. To this end, a commitment was made by government to leverage public procurement.

The revised regulations are also aligned to President Jacob Zuma's pronouncement in his 2015 State of the Nation Address, wherein he said, that government will set-aside 30% of appropriate categories of State procurement for purchasing from SMMEs or co-operatives as well as township and rural enterprises. Also, giving impetus/ incentive to the NGP. The highlights of the revision are:
 

  • Introducing the prequalification criteria, which allows the advancement of these selected categories of people, by limiting competition to only amongst themselves. This restricts the inclusion of well established companies, unless they meet further requirements of subcontracting to these groups, should they (established company) be successful. (Refer to regulation 4).
  • Acknowledging that in the main, that high value tenders in the region of R30 million and above have a tendency to be awarded to established companies, due to economies of scale and affordability, leaving out categories of aspiring businesses. The revised regulations require all those, with the ability to deliver the required service, to demonstrate the element of subcontracting to the categorised groups at a tendering stage. (Refer to regulation 9).
  • Addressing the outcry of the categorised groups, who felt that the threshold of R1 million is too insignificant for them to grow to a level of established companies. Current regulations have increased to R50 million. This now gives smaller companies a greater chance to compete in the economy, in a meaningful way. (Refer to 6 & 7)

Commenting on the release of the regulations, Minister Pravin Gordhan said that the regulations aim to use public procurement as a lever to promote socio-economic transformation, empowerment of small enterprises, rural and township enterprises, designated groups and the promotion of local industrial development. He said this is in line with the current dialogue on inclusive economic growth in South Africa.

To learn more about this and all the other new developments regarding tenders, please attend one of our How-to-Tender workshops. Tender Workshop dates are published on our website at www.how2tender.com. For more information on the tender courses please email Werner at werner@how2tender.com.

This article was written by Werner van Rooyen, Director of HowToTender (Pty) Ltd. which specializes in tender consulting and tender training.

Title Closing Date Tender No.
Implementation evaluation of corporate governance in South Africa’s State Owned Enterprises (SOE’s) 2018-12-07 12:00 DPME 11/ 2018- 2019
Repairs to ceiling boards, gutters, floors, fascia boards, wall, tiles and paintwork at DOT cost centre office, Eshowe 2018-12-14 11:00 ZNTU 03429 W3
Supply and delivery of ten (10) laptops equivalent to lenovo thinkpad T580 2018-12-14 11:00 ZNQ 18/ 19/ 0017/ NCR
Dundee Regional Laundry: Refurbishment, Service Equipment and Procurement of New Equipment. 2018-12-14 11:00 WIMS 068237- ZNTL 03894W
Supply and delivery of twenty (20) of all-in-one desktops equivalent to Lenovo think centre M910z. Contract period: 01 month. 2018-12-14 11:00 ZNQ 18/ 19/ 0016/ NCR
Appointment of a Mult-Disciplinary Entity to Provide Professional Services to Undertake the Assessment and Upgrading of the Central Air Conditioning System at St. Aidans Hospital 2018-12-14 11:00 WIMS 063141
The Department of Local Government (DLG) requires a Service Provider to provide the Municipal Minimum Competency (MMC) Training programme to identified officials. 2018-12-14 11:00 LG 01/ 2018/ 2019
Training of 100 beneficiaries in Vehicle Maintenance & Repair Assistant Skills Programme NQF L2. 2018-11-23 11:00 T/ 37/ 18 Skill VMRA
The appointment of the service provider to develop an Environmental Management Framework (EMF) for the Cape Floral Region Protected Areas World Heritage Site (CFRPA WHS) for the period of eighteen months. 2018-12-07 11:00 E 1489
False Bay College: All Campuses: Supply & Delivery of IT Workstations and Peripheral Devices 2018-12-07 11:00 FBC T12/ 2018
Sibasa SAPS Training Centre: Repairs to Training Centre 2018-12-11 11:00 PLK18/ 43
SAPS: Grassy Park Police Station: Upgrading of Stormwater Drainage 2018-12-07 11:00 CPT 1014/ 18
The appointment of the service provider to assist the Waste Bureau with the identification and securing of site, development of a business plan, and management of the setting-up; equipping; operating; training of beneficiaries and handover of the Pilot Construction and Demolition Waste Crushing and Block Manufacturing Facility. 2018-12-07 12:00 E 1490
Service and maintenance of standby and base load generators for 24 months. 2018-12-07 11:00 KIM- 1018/ 107452
Invitation of service providers for monitoring and evaluation of Gauteng City Region Academy (GCRA) Training and Development Intervention Programmes for a period of three (3) years 2018-12-07 11:00 GT/ GDE/ 160/ 2018
Outsource for the Service Providers for a Forensic Investigation of the Repair and Maintenance Project at 11 Military Hospital for Defence Inspectorate Division (DACAF). 2018-12-14 11:00 CPSC- B- G- 161- 2018
Midlands Region: Department Of Basic Education: Umzinyathi District ( Msinga) Umbonje High School: Sanitation Programme Phase II 2018-12-18 11:00 ZNTL 02899 W
Midlands Region: Department Of Basic Education: Umzinyathi District ( Msinga) Mhlangezulu Secondary School: Sanitation Programme Phase II 2018-12-18 11:00 ZNTL 03804 W
Midlands Region: Department of Basic Education: Umzinyathi District ( Msinga) Asibambisane Primary School: Sanitation Programme Phase II 2018-12-18 11:00 ZNTL 03089 W
Appointment of Professional Services Providers for development of 5-year reliable water and sanitation services delivery plan (Phase1) – Situational Assessment Review and Phase 2 – Development) for Ilembe DM. 2018-12-07 11:00 MISA/ DWSS/ IDM/ 043/ 2018

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Advantages and disadvantages of Consortiums

Consortiums are often considered as entities to use when responding to tenders in South Africa. The question that arises is whether to use a Consortium or a Joint Venture when responding to a tender. To help you with this we have compiled a list of advantages and disadvantages for both Consortiums as well as Joint Ventures. In this article we list the advantages and disadvantages of Consortiums. Look out for the same article on Joint Ventures.

Consortiums Advantages:

  • Easy to establish as there are no formal procedures... Read More
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