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Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000)

Regulations

Preferential Procurement Regulations, 2017

4. Pre-qualification criteria for preferential procurement

 

(1) If an organ of state decides to apply pre-qualifying criteria to advance certain designated groups, that organ of state must advertise the tender with a specific tendering condition that only one or more of the following tenderers may respond—
(a) a tenderer having a stipulated minimum B-BBEE status level of contributor;
(b) an EME or QSE;
(c) a tenderer subcontracting a minimum of 30% to—
(i) an EME or QSE which is at least 51% owned by black people;
(ii) an EME or QSE which is at least 51% owned by black people who are youth;
(iii) an EME or QSE which is at least 51% owned by black people who are women;
(iv) an EME or QSE which is at least 51% owned by black people with disabilities;
(v) an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or townships;
(vi) a cooperative which is at least 51% owned by black people;
(vii) an EME or QSE which is at least 51% owned by black people who are military veterans;
(viii) an EME or QSE.

 

(2) A tender that fails to meet any pre-qualifying criteria stipulated in the tender documents is an unacceptable tender.