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.
Department of Health: Dundee Regional: Upgrades and renovations to Dundee regional laundry. Only bidders who are 6GB and above will legible to bid. 2020-08-03 11:00 ZNTL 02400W: WIMS 055041
Goodwood: Correctional Centre: Intergrated Security Systems (ISS) Appointment of Electrical Engineer: 36 Months: Only BBBEE Level 1 & 2 2020-07-31 11:00 CPT1003 / 20
Cape Town: Parliamentary Villages: Appointment of a specialised deep cleaning contractor for a period of 24 mnoths: Only BBBEE Level 1 & 2 2020-07-31 11:00 CPT1004 / 20
Malmesbury : Correctional Centre : Intergrated Security Systems (ISS) Appointment of Electrical Engineer : 36 Months : Only BBBEE Level 1 & 2 2020-07-31 11:00 CPT1002 / 20
RFB 2190-2020: Provision of hygiene services to SITA Erasmuskloof, Centurion, Numerus and Beta buildings for a period of 36 months. 2020-07-31 11:00 RFB 2190- 2020
RFB 2147-2020: Provide Maintenance and Support of Video Conferencing Equipment and related Software to Department of Correctional Services (DCS) for a period of twelve (12) months. 2020-07-31 11:00 RFB 2147- 2020
Appointment of a service provider to deliver cleaning services to SITA Mpumalanga buildings (Nelspruit and Middelburg) for a period of 36 months. 2020-07-31 11:00 RFB 2173/ 2020
Request to place and advertisement of the Bid: RTMC BID 04/2020/21 for appointment of a service provider to provide security services at RTMC Colleges (Boekenhoutkloof and Denel Campus) and Head Office (Eco Park, Centurion) for a period of two (2) years 2020-08-05 11:00 RTMC BID 04/ 2020/ 21
Request to place and advertisement of the Bid: RTMC BID 02/2020/21 for appointment of a panel for Information Technology and related services for a period of five (5) years 2020-08-04 11:00 RTMC BID 02/ 2020/ 21
Appointment of a service provider to intergrate gender based violence (GBV) system and victims empowerment (VEP) system to enable the information exchange between the intergrated justice system (IJS) cluster departments 2020-07-31 11:00 SD04/ 2020
Appointment of a service provider to develop an alternative care management system 2020-07-31 11:00 SD05/ 2020
Department of Public Works: Harry Gwala District Office, 2 Margaret Street: Ixopo: Provision of Security Service for the period of 36 months 2020-08-13 11:00 ZNT 2955W
Appointment of a service provider for facility management services at a detention facility for illegal immigrants pending deportation to their countries of origin by the Department of Home Affairs for a period of sixty (60) months. 2020-08-07 11:00 DHA10- 2020
To supply and fitting of Steel Cabinets for Five (5) Hospitality Kitchens. 2020-08-03 11:00 EEC/ T02/ 2020
The provisioning of optometric services and optometric consumables for a period of three (3) years with an option to extend for an additional two (2) years based on performance for Red Cross War Memorial Children’s Hospital (RCWMCH) 2020-08-07 11:00 RCCH07/ 2020
TBH 504/2020: For the installation of waste compacting unit and rendering of a waste compacting and removal service at Tygerberg Hospital for a period of three (3) years 01 September 2020 until 30 August 2023, thereafter on a month-to-month basis not exceeding four (4) months 2020-08-07 11:00 TBH 504/ 2020
Request for proposal for the appointment of strategic investor for the operationalization of Bhambanana abattoir on “operate, train & transfer” principles prequalification criteria 2020-07-30 11:00 DARD11/ 20A
Supply, deliver and offload new tractors and implements at Ethekwini and Ilembe District Offices 2020-07-30 11:00 DARD10/ 20A
Appointment of service provider to oversee the implementation of four (04) Agri-hubs in KwaZulu Natal Province. 2020-07-30 11:00 DARD09/ 20A
For the supply and delivery of frozen vegetable products for the Food Services Department at Tygerberg Hospital for a twelve (12) month period, effective 1 September 2020 until 31 August 2021 with the option to extend on a month to month basis not exceeding four (4) months 2020-08-07 11:00 TBH 306/ 2020

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