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

Regulations

General Regulations

Part 3: Procurement 1

14. Award of Bids

 

14.1 Upon receipt of the recommendation of the Bid Evaluation Committee and the risks reports of the BEC and RC from the Recommendation Committee, the relevant accounting authority must make the final decision on the award of the bid to one or more bidders, as the case may be.

 

14.2 If the accounting authority decides to award a bid to a bidder or bidders other than the one or those recommended by the Bid Evaluation Committee, the accounting authority must, within 7 working days, in writing, notify the relevant treasury, the Agency and the Auditor-General, of the reasons for deviating from the recommendation.

 

14.3 An accounting authority may, before notifying the successful bidder or bidders of the award of the bid, cancel the bid if—
(a) due to changed circumstances, the need for the information technology goods or services in question no longer exists;
(b) the total envisaged expenditure exceeds the available funding stipulated in the business case for the bid and additional funding cannot be obtained;
(c) no acceptable bids were received; or
(d) the procurement process did not comply with the applicable legislation or its integrity has been otherwise compromised.

 

14.4 If a bid is cancelled in terms of regulation 14.3, the accounting authority must record the reasons and immediately, in writing, report the particulars to the Agency, the National Treasury and the Auditor-General.

 

14.5 If a bid is cancelled in terms of regulation 14.3(d), the relevant department or public body, in consultation with the Agency, must ensure the institution of an appropriate investigation.

 

14.6 The accounting authority of the department or public body must in writing notify the Agency and the successful bidder or bidders of the award of the bid.

 

14.7 Upon such notification, the Agency must arrange for the publication of the award of the bid in the Government Tender Bulletin and on the website of the Agency.