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.
Request for Proposals: Production of Functional Requirements and Development of a Minimum Viable Product for the PSET CLOUD. 2021-05-16 17:00 No reference number
RFQ for Quotations (RFQ) to appoint a service provider/supplier to review the Corporate Governance Framework of SACNASP and to develop a Delegation Framework and to align SACNASP’s Corporate Governance with Enterprise Risk Management. 2021-04-21 11:00 No reference number
The provision of internal audit services for the KZN Growth Fund Trust for the period of thirty-six (36) months. 2021-05-04 12:00 KGFT - RFP 2021/02
Consultancy services to establish the Africa CDC Regional Integrated Surveillance and Laboratory Network (RISLNET) in Southern Africa 2021-05-04 15:00 ET-AUC-225259-CS-QCBS
Appointment of a service provider for provision of short-term insurance for three (3) years for council for medical schemes 2021-05-10 11:00 CMS022021/22
Appointment of a service provider for provision of human resource service (job evaluation and salary benchmarking) for three (3) months 2021-05-10 11:00 CMS01/2021/22
Appointment of a travel management company (TMC) for three (3) years for the Council for Medical Schemes (CMS) 2021-05-10 11:00 CMS03/2021/22
Supply, installation and management of a prepayment electricity vending system 2021-05-14 12:00 SCM/20218/204/FIN
Supply and Delivery of Personal Protective Clothing for a period of 3 years. 2021-05-14 14:00 SCM 13/2021
ICT Support Services and Licensing for a period of 3 years. 2021-05-14 12:00 SCM9/2020/21
Appointment of electrical contractor for supply, delivery and installation of high mast lighting for a three -year period as and when required in the eastern region 2021-05-20 11:00 BID NO: 292/2021
Appointment of electrical contractors for supply, delivery and installation of high mast lighting for a three -year period as and when required in the southern region 2021-05-20 11:00 Bid No: 293/2021
Three year contract for road resealing & repairs for the City of Mbombela 2021-05-21 11:00 BID NO: 243/2020
Enlistment of training providers in the panel of accredited training service providers for the implementation of training projects funded by the department through the environmental protection and infrastructure programme (epip) on “as and when required basis” over a period of three (3) years. 2021-04-30 11:00 DFFE -T001 (21/22)
Supply and delivery of cast iron saddles 2021-04-19 12:00 RFQ319/2020/21
Supply and fit broken flywheel housing and repair engine block on Nissan UD70 Truck. 2021-04-19 12:00 RFQ317/20/2021
Supply and delivery of tared Pinus Radiata wooden poles 2021-04-19 12:00 RFQ321/2020/21
Supply and fit Tata LPT 1518TC truck reconditioned engine with a warranty 2021-04-19 12:00 RFQ322/20/2021
Pool of consultants for financial services provider to be appointed in the Greater Giyani Municipality for the period of three (3) years 2021-04-28 12:00 G/G/M/6105/001/2021
Supply and delivery of structural fire fighting helmets and spare structural fire fighting helmet face shields (visor) and fire fighting goggles 2021-04-19 12:00 RFQ323/2020/21

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Who is the bidder or his or her representative?

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

In Organ of State tenders, the Standard Bidding Document 4 – Declaration of Inters – ask in paragraph 2.1 the following: “Full name of bidder or his or her representative... Read More

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