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Financial Management of Parliament Act, 2009 (Act No. 10 of 2009)

9. Barring of persons participating in the bidding process

 

(1) The Accounting Officer must require from a prospective supplier participating in a bidding process such information as is necessary to establish whether the prospective supplier, or, in the case of a legal person, the entity, any of its members, directors, managers, or shareholders with a controlling or other substantial interest—
(a) has been convicted of fraud, corruption or any other crime involving dishonesty in the past five years;
(b) has wilfully breached a contract with an organ of state during the previous five years; or
(c) is not cleared by the South African Revenue Service in respect of their tax matters.

 

(2) The Accounting Officer must exclude a prospective supplier from the bidding process if he or she, or, in the case of a legal person, the entity, any of its members, directors, managers, or shareholders with a controlling or other substantial interest—
(a) has been convicted of fraud, corruption or any other crime involving dishonesty in the past five years;
(b) has wilfully breached a contract with an organ of state during the previous five years;
(c) is listed in the Register for Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004);
(d) is not cleared by the South African Revenue Service in respect of tax matters;
(e) has been found to be dishonest in its participation in the Supply Chain Management System of Parliament during the last five years; or
(f) fails to disclose the information required by the Accounting Officer in terms of these Regulations.