Parliament’s supply chain management policy must cover the following matters—
| (a) |
the range of supply chain management processes that Parliament may use, including tenders, quotations, auctions and other types of competitive bidding; |
| (b) |
when Parliament may or must use a particular type of process; |
| (c) |
procedures and mechanisms for each type of process; |
| (d) |
procedures and mechanisms for more flexible processes where the value of a contract is below a prescribed amount; |
| (e) |
open and transparent pre-qualification processes for tenders or other bids; |
| (f) |
competitive bidding processes in which only pre-qualified persons may participate; |
| (g) |
bid documentation, and the advertising of and invitations for contracts; |
| (h) |
procedures and mechanisms for— |
| (i) |
the opening, registering and recording of bids in the presence of interested persons; |
| (ii) |
the evaluation of bids to ensure best value for money; |
| (iii) |
negotiating the final terms of contracts; and |
| (iv) |
the approval of bids; |
| (i) |
screening processes and security clearances for prospective contractors on tenders or other bids above a prescribed value; |
| (j) |
compulsory disclosure of any conflicts of interests prospective contractors may have in specific tenders; |
| (k) |
the circumstances in which prospective contractors may be excluded from being considered for any contract on account of a conflict of interest; |
| (l) |
lthe consequences of failing to disclose conflicts of interest in accordance with the Policy; |
| (m) |
participation in the supply chain management system of persons who are not officials of Parliament or in the employ of the State ; |
| (n) |
the barring of persons from participating in tendering or other bidding processes, including persons— |
| (i) |
convicted for fraud, corruption or any other crime involving dishonesty in the previous five years; |
| (ii) |
who wilfully breached a contract with an organ of state during the previous five years; or |
| (iii) |
whose tax matters are not cleared by South African Revenue Service; |
| (i) |
combating dishonesty, favouritism and unfair and irregular practices in supply chain management; and |
| (ii) |
promoting ethics of officials of Parliament and others involved in supply chain management; |
| (p) |
the invalidation of recommendations or decisions that were made, taken or in any way influenced by— |
| (i) |
Members of Parliament in contravention of this Act or any applicable code of conduct for Members of Parliament; |
| (ii) |
officials of parliament in contravention of this Act or any applicable code of conduct for officials of Parliament; |
| (q) |
the procurement of goods and services by Parliament through contracts procured by other organs of state; |
| (r) |
contract management and dispute settling procedures; |
| (s) |
the delegation of Parliament’s supply chain management powers and duties to officials of Parliament; and |
| (t) |
the circumstances in which a contract or agreement procured through the supply chain management policy of Parliament may be amended by the parties. |
Protection of Businesses Act, 1978
