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

2. Definitions

 

In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Act has the same meaning; and—

 

"applicable legislation"

means the legislation referred to in section 40(e) of the Act, which includes the Preferential Procurement Policy Framework Act and the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

 

"bid"

means a written offer submitted by a prospective supplier to the Accounting Officer in response to an invitation to provide goods or services;

 

"bidder"

means a prospective supplier who has submitted a bid or is considering or preparing a bid for submission;

 

"competitive bids"

means a bid in terms of a bidding process which provides for appropriate levels of competition to ensure cost effective and best value outcomes;

 

"conflict of interest"

means a situation in which an employee's perceived or real interest and involvement in any matter, including but not limited to:

(a) shares and other financial interests;
(b) remunerated work outside Parliament;
(c) consultancies;
(d) retainerships;
(e) sponsorships;
(f) hospitality industry ownership;
(g) other interests in land and property; and
(h) receiving of gifts,

would affect his or her objective judgement in the workplace or unfairly consume the time and effort he or she is expected to dedicate to his or her existing work or role in Parliament;

 

"contract"

means an agreement entered into by Parliament and a preferred supplier as a result of accepting a bid;

 

"days"

means calendar days;

 

"Delegation of Authority"

means the framework document setting out the system of delegation contemplated in section 10 of the Act;

 

"demand management"

means a process of ensuring that the resources required to fulfil the needs identified in the Parliamentary Plan are delivered at the correct time, price and place and that the quantity and quality will satisfy those needs;

 

"enabling contract"

means a contract with a preferred supplier for a specific range of goods or services at a fixed or predetermined price, rate or fee that may be utilised by all relevant officials of Parliament;

 

"formal written quotation"

means a written offer submitted by a prospective supplier to the Accounting Officer in response to an invitation to provide goods or services above a certain threshold as defined in the Delegation of Authority;

 

"list of prospective suppliers or Suppliers' Database"

means the list of prospective suppliers who have been vetted by Parliament in accordance with the listing criteria and approved to be placed on the list or Database as suppliers from whom quotes or bids may be requested;

 

"listing criteria"

means the minimum criteria required by Parliament for suppliers to be listed on the Suppliers' Database;

 

"local"

means the area where an activity of Parliament is performed;

 

"National Treasury"

means the National Treasury established by section 5 of the Public Finance Management Act ('PFMA');

 

"non employee"

means a person other than an official who—

(a) performs functions within the precincts of Parliament;
(b) occupies an office within the precincts of Parliament;
(c) is a Member of Parliament; or
(d) is a political party support employee;

 

"obtain"

means must receive and be in possession of;

 

"petty cash"

means a cash float to be used for incidental expenses;

 

"Preferential Preferential Procurement Policy Framework Act"

means the Preferential Procurement Policy 2000 Framework Act (Act No. 5 of 2000);

 

"preferred supplier"

means a supplier, vetted and approved by Parliament in accordance with the listing criteria, and who is included on the Suppliers' Database;

 

"prospective supplier"

means one or more natural or legal persons intending to offer goods or services to Parliament, or from whom or which quotes or bids may be requested, and who or which is listed on the Suppliers' Database or intends to so list;

 

"PP Regulations"

means the Preferential Procurement Regulations issued under the Preferential Procurement Policy Framework Act;

 

"risk"

means factors that may negatively contribute to financial or reputational costs to Parliament, its administration, preferred suppliers or prospective suppliers during the implementation of the Supply Chain Management system;

 

"Supply Chain Management System"

means the processes, procedures and matters contemplated in section 40(d) of the Act;

 

"unsolicited offer"

means proposals received from interested parties outside the procurement process;

 

"written quotation"

means a written offer submitted by a prospective supplier to the Accounting Officer in response to an invitation to provide goods or services below a certain threshold as defined in the Delegation of Authority;

 

"the Act"

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