Issue Date: 
Thursday, October 31, 2019

Preferential Procurement Regulations 2017

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

The Preferential Procurement Regulations 2017 have been finalized and gazetted on 20 January 2017.

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 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 tend 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 many other tender conditions attend our “Become a Tender Expert” 2-Day workshops presented in Johannesburg, Pretoria, Durban, Port Elizabeth, and Cape Town.  Book and pay online at https://howtotender.co.za/tender-expert-form/

Contact us at wernervr@howtotender.co.za should you require more information.

You can also purchase a Tender Manual (Handbook) on our website https://howtotender.co.za/ which is a step by step guide how to respond to a South African Tender.  It includes examples of completed SBD forms.

Title Closing Date Tender No.
Repairing of potholes in Ward 5 2019-12-19 12:00 138/2019/20
Repairing of potholes in Ward 4 2019-12-19 12:00 139/2019/20
Repairing of potholes in Ward 2 2019-12-19 12:00 140/2019/20
Repairing of potholes in Ward 1 2019-12-19 12:00 141/2019/20
Bidders are invited for Collection, Conveyance and Deposit of Cash for the period of 36 months. 2020-01-17 12:00 LIM473/cashcollection/19/20/26
Expression of Interest for Hotel and Conference Facility Development and Operations in Steve Tshwete Municipality - Middelburg Mpumalanga 2020-01-08 12:00 BS05/11/2019
For the supply and delivery of a new white 26 seater minibus 2019-12-19 16:00 ITB/RSA/SU/12.03/2019
Supply and Delivery of Plumbing Fittings 2019-12-17 11:00 303133
Electrical Maintenance and Fault Findings For Breede Valley Municipality’s wwtw’s and Pumpstations 2019-12-17 11:00 303281
Supply, Delivery and Installation of Air Conditioners at Worcester wwtw 2019-12-17 11:00 301985
Stripping, Repair and Reassemble of 4 Robot Submersible Pumps and 1 X 15 Kw Electrical Motor at Worcester Wastewater Treatment Works. 2019-12-17 11:00 303274
Supply and Delivery Cable 300mm Single Core 2019-12-17 11:00 303241
Supply and Delivery of Electrical Fittings 2019-12-17 11:00 303243
Supply and Delivery of Office Furniture 2019-12-19 11:00 303296
Supply and Installation of Control Equipment and Office Furniture for Oyama and Tshepiso Dreamweaver 2019-12-13 12:00 RFQ/LED/2019-20/249
Service Provider to Supply and Deliver a Fruit Juice Production Equipment 2019-12-13 12:00 RFQ/LED/2019-20/248
First Aid Level 3 Training Programme 2019-12-13 12:00 RFQ/DHR/2019-20/247
Supply and Delivery Of 30 X Size 315/80r22.5 Stock Retreads For Coastal Solid Waste Vehicles 2019-12-13 12:00 RFQ/DIS/2019-20/246
Supply and Delivery of a Portable Breathing Air Compressor 2019-12-20 12:00 RFQ/HPS/2019-20/252
Supply and Delivery of Firefighting Hoses Complete 2019-12-20 12:00 RFQ/HPS/2019-20/251

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