Tenders, B-BBEE and the new Preferential Procurement Regulations 2017

We have previously asked: How important is a good B-BBEE status level of contributor in the tender process?

The answer is still the same: VERY IMPORTANT!

In all tender documents, you will find the NEW Standard Bidding Document 6.2 which is used to claim your Preference Points for B-BBEE. The higher your B-BBEE status level of contributor, the more points you will score on the Preference Points System. Ultimately the bidder or bidders scoring the highest points will be awarded the tender.

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.

Draft Procurement Regulations Media Release

 The Draft Procurement Regulations 2016 were released on 14 June 2016. If these regulations are going to be implemented it will change the Tender environment in South Africa. Below is the media release from the Office of the Chief Procurement Officer, explaining the major changes in the Regulations:

“The Office of the Chief Procurement Officer (OCPO) has published the proposed new Preferential Procurement Regulations*, to afford the public an opportunity to comment.

General Procurement Guidelines

Government issued the General Procurement Guidelines not only as a prescription for standards of behaviour, ethics and accountability, which it requires of its public service, but also as a statement of their commitment to a procurement system enabling the emergence of sustainable small, medium and micro businesses. These SME's will add to the common wealth of the country and its objective of enhanced economic and social well-being for all its people.

Tenders in South Africa are measured on three principles, namely Functionality, Price and Broad-Based Black Economic Empowerment (B-BBEE). An Enterprise's ability to execute a contract is measured through the Functionality Principal in the Tender Environment. If an Enterprise's tender response does not pass the Functionality test it can't be measured on Price and B-BBEE. Enterprises that respond to tenders must ensure that they will pass the Functionality test in order to advance.

Functionality in Tenders Part 1

The Preferential Procurement Policy Framework Act 2011, establishes the rules according to how Government Entities must evaluate tenders. The Preferential Procurement Regulations of 2011 takes it a step further and gives guidance on how to specifically award points according to certain criteria such as B-BBEE and Price.

There appears to be a serious lack of knowledge regarding South African tender procedures. Here, the tender processes are ruled by various Acts, Regulation and Guidelines which are specifically designed to ensure that the tender processes are in line with the Constitution of South Africa - which dictates that the tender process should be fair, equitable, transparent, competitive and cost-effective.

It is important to know that when you respond to a tender there are certain guidelines that Government Officials need to follow in order to evaluate your tender. According to the Implementation Guide*, Accounting Officers and Accounting Authorities of all public entities** and municipal entities must comply with the rules and guidelines stipulated below.

If one looks at the General Procurement Guidelines that National Treasury issued to Government Departments, it is clear that Government wants the tender process to be fair, equitable, transparent, competitive and cost-effective exactly as Section 217 of the Constitution of South Africa requires.

Draft Procurement Regulations 2015

The Government thought it a good idea to have a look at the Preferential Procurement Regulations of 2011 and to change these Regulations to better fit the South African Tender Environment.

These Regulations were quietly issued end of 2015 for public comment.

As the case with most new Regulations or Acts there is always good and bad that accompanies it.

Some of the good things addressed in these draft regulations are:

Pages

Title Closing Date Tender No.
Construction of Kanana New, Police Station: North West Province 2018-08-08 11:00 19/ 1/ 9/ 1 / 58TB (18)
Appointment of a service provider to administer the legal practice council elections for a period of four (4) months. 2018-08-02 11:00 RFB 2018 02
Construction of three New Deep Rural Police Stations: Cluster 1:Huku, Ntamonde And Mdeni: Eastern Cape Province 2018-08-08 11:00 19/ 1/ 9/ 1/ 54TB(18)
Appointment of a Service provider/s to provide the Department with the telephonic interpretation services between the Department and the External clients (Asulym Seekers and Refugees) in order to assist the Department in processing and managing the Asylum and Refugees. 2018-08-10 11:00 DHA15- 2018
Construction of three New Deep Rural Police Stations: Cluster 2:Tafalehashe, Mtombe and Tabase: Eastern Cape Province 2018-08-08 11:00 19/ 1/ 9/ 1/ 57TB(18)
Construction of Tshiame ( Makgolokweng ) New , Police Station: Free State Province 2018-08-08 11:00 19/ 1/ 9/ 1 / 56TB (18)
The Design, Layout, Editing and Publishing of the Border Management Authority quarterly Newsletter and the Design, Development and Maintenance of a website for the Border Management Authority Project Management office. 2018-08-10 11:00 DHA16- 2018
The appointment of a Service Provider to conduct Geographic Accessibility Study for the Department of Home Affairs. 2018-08-10 11:00 DHA17- 2018
To Carry Out a Service on the OCB & Switchgear & Oil Change at Townhill Hospital. 2018-08-16 11:00 ZNQ 36/ 18
Construction of Ennerdale New , Police Station: Gauteng Province 2018-08-08 11:00 19/ 1/ 9/ 1 / 55TB (18)
Leasing of office space for Department of Human Settlement comprising of 16000 sqm and 250 Parking Bays in Johannesburg CBD for a period of 2 years with an option to renew. 2018-08-16 11:00 RFP 09/ 07/ 2018
The appointment of a service provider to develop a feasibility report in relation to the establishment of a national training centre for the Environmental Management Inspectorate (EMI). 2018-08-10 11:00 Q- 114- 18- 19
False Bay TVET College invites bids for Swartklip Site Centre of Specialisation - Rigging: Repairs & Renovations to Existing Infrastructure 2018-08-13 11:00 FBC T9/ 2018
Appointment of a service provider to roll out training programme on the local government anti-corruption strategy and the Municipal Intergrity Management Framework for a period of twenty four (24) months. 2018-08-20 11:00 COGTA (T) 01/ 2018
Supply and deliver Adult and Paediatric clinical charts. 2018-07-27 11:00 86/ 2018/ 19
Service 6 x heat pumps and 10 x Water tanks 2018-07-30 11:00 ZNQ 80/ 2018/ 19
Post Service to air conditioners in hospital x 11 2018-07-30 11:00 ZNQ 138/ 2018/ 19
Supply: (A) Artemia cysts 500g x 20; Freeze dried decapsulated Artemia embryos 500g x 20 (B)Syndel Ovaprim 10ml x 20 2018-07-27 11:00 RFQ 000254
Construction of Silutshana Community Service Centres 2018-08-17 11:00 ZNT 2050/ 2017 LG
Construction of Meje Chc Phase 2 2018-08-13 12:00 CDC/ 17/ 18

Pages

Tender adjudication process

The SBD/WCBD6.1 document must form part of all bids invited.  It contains general information and serves as a claim form for preference points for Broad -Based Black Economic Empowerment (B -BBEE) Status Level of Contribution, and explains how tenders or bids are decided.

The document says:

  • The bidder obtaining the highest number of points will be awarded the contract.
  • Preference points shall be calculated after prices have been brought to a comparative basis.
  • Points scored will be rounded off to two decimal places... Read More
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