Issue Date: 
Tuesday, July 19, 2016

Evaluation of Technical criteria according to the Draft Regulations

All Government Tenders in South Africa are evaluated on Technical criteria (also known as Functionality) before it is evaluated on Price and B-BBEE. The current Preferential Procurement Regulations of 2011 does not address this matter specifically however, this has been changed by the new Draft Preferential Procurement Regulations of 2016.

According to the Draft Preferential Procurement Regulations 2016, paragraph 4, it states the following:

  1. An Organ of State (or company requesting tenders) must indicate in the tender documents if the applicant will be evaluated on functionality.
  2. The evaluation criteria for measuring functionality must be objective.
  3. When evaluating a tender on functionality, the tender documents must specify –
    • The evaluation criteria for measuring functionality;
    • The points for each criteria and, if any, each sub-criteria; and
    • The minimum qualifying score for functionality.
  4. The minimum qualifying score for functionality for a tender to be considered further–
    • May not be generic;
    • Must be determined separately for each tender; and
    • May not be–
      • Low that it may jeopardise the quality of the required goods or services; or
      • High that it is unreasonable restrictive.
  5. A tender that fails to obtain the minimum qualifying score for functionality as indicted in the tender documents is not an acceptable tender.
  6. Each tender that obtains the minimum qualifying score for functionality must be evaluated further in terms of price and then the preference point systems.

This is very good news. If these Regulations are implemented it is going to make tenders much more transparent because currently it can be 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.

 Visit to find out more about tendering.

Earn to learn

Brand new Preferential Procurement Regulations 2017 for Tenders

The brand new Preferential Procurement Regulations 2017, has been finalized and was gazetted on 20 January 2017. There are some interesting changes and challenges that we will discuss during the coming months. This is 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.

The revision of the Preferential Procurement Regulations of 2011 was largely influenced by the need... Read More

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