Objective Criteria in Tenders
By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.
People ask us to advise if there is a Regulation, in the Preferential Procurement Regulations 2017, that only allows for Bidding Enterprises or Bidders whose owners or directors are registered professionals to bid for Organ of State tenders. Registered Professionals includes people such as Engineers registered at the Engineering Council of South Africa (ECSA) or any Legal Practitioners or chattered Accountants.
The short answer is no, there is no specific Regulation, in the Preferential Procurement Regulations 2017, that only allows for Bidding Enterprises or Bidders whose owners or directors are registered professionals to bid for Organ of State tenders. However, Organs of State (Government) can and may in certain instances require specific skills for specific tenders which can include qualified professional people. Imagine responding to a legal services tender but you, the bidder, are not A Legal Practitioner - that will not make sense.
Organs of State do have the authority to apply Objective Criteria. According to Regulation 11 of the Preferential Procurement Regulations 2017, a contract may be awarded to a bidder that did not score the highest points but only in accordance with section 2(1)(f) of the PPPFA which states that the contract must be awarded to the bidder who scores the highest points unless Objective Criteria in addition to those contemplated in paragraphs (d) and (e) justify the award to another bidder.
The Organ of State must stipulate the Objective Criteria in the tender document.
Examples of Objective Criteria are:
- Local Content
- Localization
- Any other requirement important to the Procuring Entity such as registration to professional bodies.
To learn more about this and other tender conditions attend our “Become a Tender Expert” 2-Day webinars online or live workshops presented in Johannesburg and various other cities throughout South Africa. Book and pay online at https://howtotender.co.za/workshops/#comprehensive
Contact us at wernervr@howtotender.co.za should you require more information.
You can purchase a Tender Manual (Handbook) and various other tender products on our website https://howtotender.co.za/ should you be unable to attend one of our training sessions.
