Evaluation of Technical criteria according to the Draft Regulations
Evaluation of Technical criteria according to the Preferential Procurement Regulations, 2017
All Government Tenders in South Africa should be evaluated on Technical criteria or Functionality before it is evaluated on Price and B-BBEE. The current Preferential Procurement Regulations of 2017 does address this matter specifically.
According to the Preferential Procurement Regulations 2017, paragraph 3, it states the following: An Organ of State must:
1) determine and stipulate in the tender documents-
a) the preference point system applicable to the tender as envisaged in regulation 6 or 7; or
b) if it is unclear which preference point system will be applicable, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable tender will be used to determine the applicable preference point system;
2) determine whether pre-qualification criteria are applicable to the tender as envisaged in regulation 4;
3) determine whether the goods or services for which a tender is to be invited, are in a designated sector for local production and content as envisaged in regulation 8;
4) determine whether compulsory subcontracting is applicable to the tender as envisaged in regulation 9; and
5) determine whether objective criteria are applicable to the tender as envisaged in regulation 11.
This is very good news. After the Preferential Procurement Regulations 2017, and specifically paragraph three, were implemented it makes tenders much more transparent. Previously it had been a struggle to determine how many points one can score on specific functionality criteria.
We are eagerly awaiting the final amended Regulations and as soon as it has been gazetted we will report on all the changes that will have an effect on your tender responses.
To learn more about this and many other tender conditions please attend one of our How-to-Tender workshops. For more information on the tender courses please email Werner at email@example.com
This article was written by Werner van Rooyen, Director of HowToTender (Pty) Ltd. which specializes in tender consulting and tender training.