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Filter: Procurement
New Public Procurement Bill intended to end tender corruption

27 July 2023

To address the continuing perception of tender corruption which has also been included as one of the reasons for South... Africa’s grey listing by the international community, the Minister of Finance in May 2023 introduced a draft Public Procurement Bill as the answer to creating conformation, stability and transparency in public procurement across all state entities from national to local government level. The Bill has since been tabled in Parliament.

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140
Article
Can a settlement agreement override fair tender procedures?

10 February 2021

After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder... who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agreement with the bidder to avoid litigation. Surely such a settlement agreement cannot override fair tender procedures?

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514
Article
51% black equity tender pre-qualification criteria found to be invalid

06 January 2021

My business is 26% black owned but has been excluded from a number of tenders because of pre-qualification criteria for... tenders being set at being at least 51% black owned. I’ve seen in the news though that this practice has been scratched by the courts. Is this true?

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495
Article
Have the BEE Priority Elements had the desired impact on transformation?

11 September 2020

I’m the procurement manager for our company. We have a strong focus on BEE in our business and take great... care in our procurement and the BEE position of our suppliers. Accordingly, I have noticed from the BEE certificates of many of our suppliers that they do quite poorly with their priority elements. This is strange, given the risk of dropping levels for non-compliance with these elements. Maybe the priority elements have not had the desired impact envisaged by their introduction?

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327
Article
How fair must government tenders be?

11 April 2019

My business is growing and I have a good BEE scorecard. It makes sense that I should start looking at... getting government work. I’ve been avoiding it because it seems to me that the government entities award tenders to whomever they like. If I go to the trouble of tendering I’d at least like a fair shot at getting the work. Is it worth looking at tenders or should I rather leave it?

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350
Article
New Mining BEE Charter Guidelines help clarify the emphasis on local procurement

11 March 2019

My business works exclusively in the mining industry providing goods and services to mining companies. I understand the recent Mining... Charter guidelines are quite important for suppliers like myself that work in this industry. Is there anything specific I should be aware of?

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331
Article
The new Mining BEE Charter Implementation Guidelines

11 March 2019

My company is the holder of several mining rights. I understand that further guidelines to the Mining BEE Charter were... recently issued that deal extensively with mining rights holders. What should I take note of under these guidelines?

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358
Article
Can I ask the municipality to extend the period to appeal?

08 August 2018

Our company recently tendered for municipal work. The tender was awarded to another company and the municipality published a notice... allowing 21 days within which to lodge an appeal. We missed the notice because of the school holiday period and did not appeal. When we asked the municipality for an extension of the notice period to appeal, they refused. I still think we could be the successful tenderer if we could get a chance to show the municipality! Can we force them to allow us to appeal?

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