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State Information Technology Agency Act, 1998 (Act No. 88 of 1998)

Regulations

General Regulations

Part 3: Procurement 1

13. Representation during Procurement Process'

 

13.1 The Agency must, in consultation with the designated department, establish the following committees to deal with the evaluation of bids and the recommendation for the award of a bid by the accounting authority of the designated department or public body:
(a) A Bid Evaluation Committee to—
(i) evaluate bids; and
(ii) make a recommendation for award to the Recommendation Committee, including the identification of all the risks associated with the recommendation and the rating of all the risks (herein referred to as “the risk report of the BEC”); and
(b) a Recommendation Committee to—
(i) verify compliance of the procurement process with all applicable legislation and generally the integrity of that process;
(ii) if the process is verified as not compliant or its integrity was compromised, refer the recommendation back to the Bid Evaluation Committee with its reasons;
(iii) identify any risks additional (if any) to those identified in the risk report of the BEC and provide its own rating for all the risks (herein referred to as the risk report of the RC); and
(iv) if the process has been verified as compliant and for its integrity, submit the recommendation of the Bid Evaluation Committee and the risk reports of the BEC and RC to the relevant accounting authority of the designated department or public body;

 

13.2 The Bid Evaluation Committee for a bid for information technology goods or services specific to a department or public body must be constituted of a majority of members designated by the accounting authority of that department or public body, consisting of—
(a) an employee, other than the designated official, of the department or public body, designated by the accounting authority as chairperson;
(b) such other suitable persons as the accounting authority considers appropriate to designate; and
(c) such other suitable persons from the Agency as the Agency considers appropriate to designate.

 

13.3 The Bid Evaluation Committee for mandatory services and transversal term contracts must consist of at least the following:
(a) An employee designated by the Agency as the chairperson;
(b) such employees of the designated department or public body, other than its designated official, as the accounting authority of the department or public body considers appropriate to designate;
(c) such employees of other departments or public bodies as the accounting authority of the designated department or public body considers appropriate after consultation with the GIT0 Council;
(d) one or more information technology experts from both the Agency and the designated department or public body, designated by the Agency and the accounting officer of the department or public body, respectively;
(e) one or more representatives designated by the National Treasury; but as a minimum one supply chain management practitioner to ensure compliance with the applicable legislation regarding procurement;
(f) one or more representative from the relevant section in the Agency directly responsible for the service delivery in question.

 

13.4 The Recommendation Committee must consist of at least four employees of the Agency of whom at least one must be a supply chain practitioner.

 

13.5 The Agency must render the necessary administrative support to the Bid Evaluation Committee and the Recommendation Committee.