Tenders, B-BBEE and the new Preferential Procurement Regulations 2017

Having a good B-BBEE status level is VERY IMPORTANT in the tender process!

All tender documents will have the NEW Standard Bidding Document 6.2, which is used to claim your Preference Points for B-BBEE. The higher your B-BBEE status level, the more points you will score on the Preference Points System. Ultimately the bidder or bidders scoring the highest points will be awarded the tender.

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.

General Procurement Guidelines

Government issued the General Procurement Guidelines not only as a prescription of standards of behaviour, ethics and accountability which it requires of its public service, but also as a statement of Government's commitment to a procurement system which enables the emergence of sustainable small, medium and micro businesses which will add to the common wealth of South Africa and the achievement of enhanced economic and social well-being of all South Africans.

Tenders in South Africa are measured on three principles, namely Functionality, Price and Broad-Based Black Economic Empowerment (B-BBEE). An Enterprise's ability to execute a contract is measured through the Functionality Principal in the Tender Environment. If an Enterprise's tender response does not pass the Functionality test it can't be measured on Price and B-BBEE. Enterprises that respond to tenders must ensure that they will pass the Functionality test in order to advance.

Functionality in Tenders Part 1

Functionality in Tenders (1)

The Preferential Procurement Policy Framework Act 2017, establish the rules according to how Government Entities must evaluate tenders. The Preferential Procurement Regulations of 2017 takes it a step further and gives guidance on how to specifically award points according to certain criteria such as B-BBEE and Price. 

There appears to be a serious lack of knowledge regarding South African tender procedures. Here, the tender processes are ruled by various Acts, Regulation and Guidelines which are specifically designed to ensure that the tender processes are in line with the Constitution of South Africa - which dictates that the tender process should be fair, equitable, transparent, competitive and cost-effective.

It is important to know that when you respond to a tender there are certain guidelines that Government Officials need to follow in order to evaluate your tender. According to the Implementation Guide - Preferential Procurement Regulations, 2017, pertaining to the Preferential Procurement Policy Framework Act, Accounting Officers and Accounting Authorities of all public entities listed in Schedules 2, 3A, 3B, 3C and 3D to the PFMA and municipal entities must comply with the rules and guidelines stipulated below.

If one looks at the General Procurement Guidelines that National Treasury issued to Government Departments, it is clear that Government wants the tender process to be fair, equitable, transparent, competitive and cost-effective exactly as Section 217 of the Constitution of South Africa requires.

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Title Closing Date Tender No.
Appointment for (02) Electrical Contractors for Electrification of 193 infill Connections in Hillcrest Township with a CIDB Grading of 4 EP or Higher 2019-02-12 12:00 037/2018/19
Bid Specification for Appointment of a Programme Support Unit (PSU) for a three (3) year period to assist the Provincial Department of Education in various aspects of the management of its infrastructure programme. 2019-02-22 11:00 SCMU6-18/19-0007
Supply and Delivery of suction pipes - Honeysucker 2019-01-18 12:00 B424/2018/19
All prospective bidders are hereby invited to submit quotations for accommodation: bed, dinner, breakfast & conference package, supply chain management as specification appear below 2019-01-22 12:00 RFQFIN/01/2018/19
Development of an Implementation Plan and Budget for a Multi-Year History Festival in Plettenberg Bay 2019-01-18 13:00 SCM/RFQ/2019/042/EDP
Provision of Competency-Based Assessment Services for Senior Managers 2019-01-18 12:00 SCM/RFQ/2019/043/CORP
Supply and Delivery of Fire Extinguishers and Raingear 2019-01-17 12:00 B422/2018/19
Supply and delivery of Building Sand 24 cubes 2019-01-17 12:00 B423/2018/19
Procurement of Pre-qualification of Construction Contract: Construction of Polihali Dam and Appurtenant Structures 2019-03-25 14:00 4020
Procurement of Pre-qualification of Construction Contract: Construction of Polihali Transfer Tunnel 2019-03-26 14:00 4021
Appointment of Professional Service Providers (Consultants) 2019-02-01 12:00 SCM 008/2018/19
Appointment of service providers for the rendering of a complete revenue enhancement service, online and real time electricity vending, revenue protection, ICT backend and matering for the period of 36 months. 2019-01-31 12:00 LTLM2018-19/ BTO01
Appointment of a Panel of Service Providers for the Construction of Internals Roads and Storm Water in Wedela Extension 3 (Phase 3) with a CIDB Grading of 5CEPE/6CE or Higher 2019-02-01 12:00 ID(R&S) 11/12/1819
Tender for the appointment professional service provider to determine the fair valuation of MEGA's Investment Property Portfolio and the revaluation of land and buildings classified as Property, Plant and Equipment (PPE) 2019-02-14 12:00 MEGA/2018/05
Request for proposals for the appointment of a Registered Construction Health and Safety Agent for the construction of the Mpumalanga International Fresh Produce Market: Ancillary Buildings and Services 2019-02-13 12:00 MEGA/2018/04
Procurement of Development Partner, Morula Mixed Housing Development in Mabopane Tshwane 2019-01-29 11:00 NWHC 09/2018 DEV –PARTNER-2018
Appointment of a panel of attorneys for a period of 36 months 2019-02-08 12:00 22-2018/19
Request for 175 Combination Infall CK5 (1000 X 365 X 180) 2019-01-17 11:00 292297
Request for 65 pallets interlock pavers grey (80MM 25MPA) 2019-01-17 11:00 292300
Rental of a combination of one excavator, two dumpers & one digger loader for January and February 2019 2019-01-17 11:00 292520

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10 Features of a good Joint Venture Agreement

By W van Rooyen

www.howtotender.co.za

A Joint Ventures is a good business idea to compete for tenders if one does not have all the necessary expertise that are required from a specific tender. The thing to remember though is that you must have a solid Joint Venture Agreement in place for your Joint Venture. A good, rock solid Joint Venture Agreement will protect the participants to the Joint Venture.

 Here are 10 features that any good Joint Venture Agreement... Read More

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