| 7.1 |
OBJECTIVES OF PROCUREMENT |
The procurement of information technology goods and services through the Agency in terms of section 7 of the Act must serve specifically as a medium for departments and public bodies to—
| (a) |
leverage economies of scale to provide cost effective procurement by using the collective purchasing power of departments and public bodies which so choose; |
| (b) |
ensure that all procurement results in value-for-money, including, if economically feasible, paying for usage only: |
| (c) |
ensure security and interoperability of information systems of departments; |
| (d) |
promote the South African information technology industry, with a particular emphasis on broad-based black economic empowerment, as defined in section 1 of the Broad-based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); and |
| (e) |
stimulate competitive bidding. |
7.2 OTHER APPLICABLE LEGISLATION
| 7.2.1 |
When carrying out its procurement function as provided for in section 7(3), (4)(a)(ii) and (b)(ii) and (5)(b) of the Act,2 the Agency must comply with— |
| (a) |
section 217 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996); |
| (b) |
the Public Finance Management Act; |
| (c) |
the Preferential Procurement Policy Framework Act; |
| (d) |
these Regulations; and |
| 7.2.2 |
When procuring electronic communications products, as envisaged in the Electronics Communications Security (Pty) Ltd Act, 2002 (Act No. 68 of 2002), section 17 of that Act must be complied with. |
| 7.3 |
DESIGNATED DEPARTMENTS AND PUBLIC BODIES AND DESIGNATED OFFICIALS |
| 7.3.1 |
For purposes of the procurement of information technology goods and services through the Agency by a department or public body— |
| (a) |
in the case of a mandatory service— |
| (i) |
falling under a line function responsibility of a department, that department is the designated department; |
| (ii) |
not so falling under a line function responsibility of a department and intended for use by— |
| (aa) |
more than one department or public body, the Minister must select a department or public body as the designated department or public body, as the case may be; and |
| (bb) |
one department or public body only, that department or public body is the designated department or public body; |
| (b) |
in the case of a transversal term contract, referred to in regulation 10, the designated department is the Department of Public Service and Administration or such other department as the Minister selects; 3
|
| (c) |
in the case of an optional service (other than any goods or services, which are the subject matter of a transversal term contract, referred to in regulation 10 or a list of prospective suppliers on quotation, referred to in regulation 11)— |
| (i) |
for more than one department or more than one public body, the Minister must select a department or public body as the designated department or public body, as the case may be; |
| (ii) |
for one department or public body only, that department or public body is the designated department or public body; |
| (d) |
in the case of a mandatory service or optional service (other than the goods or service which are the subject matter of a transversal term contract, referred to in regulation 10 or a list of prospective suppliers on quotation, referred to in regulation 11) for both one or more department and one or more public body, the Minister must select one such department as the designated department. |
| 7.3.2 |
The Minister may delegate any power conferred on the Minister by regulation 7.3.1 to an official of the Department of Public Service and Administration on such conditions as the Minister considers necessary. |
| 7.3.3 |
If doubt exists as to whether a particular mandatory service is a line function responsibility of a particular department or which department has such responsibility (if any), the Minister must, in consultation with the Minister of Finance for purposes of regulation 7.3.1(a)(i) only, issue a directive. |
| 7.3.4 |
The accounting authority of a department or public body which is a designated department or public body by virtue of regulation 7.3.1 must, from time to time, designate an official of that department or public body to act as the designated official of the department or public body for a particular case or category of cases or all cases. |
| 7.3 |
REPORTING TO MINISTER OF FINANCE |
| 7.4.1 |
The Agency must report to the Minister of Finance, or an official designated by him or her, on the following supplier performance criteria (if applicable) in respect of all contracts for information technology services and goods for departments concluded with suppliers pursuant to section 7 of the Act: |
| (a) |
Broad-based black economic empowerment, as defined in section 1 of the Broad-based Black Economic Empowerment Act, 2003; |
| (f) |
such other criteria as that Minister may determine. |
| 7.4.1 |
The Minister of Finance, or an official authorised by him or her, shall determine the intervals at which such reporting must take place. |
| 7.4.3 |
Where a department manages a contract, referred to in regulation 7.4.1, it must supply the required information to the Agency. |
_______________________________________
| 1 |
See section 23(1)(b)(iii) and (2)(d) of the Act. |
| 2 |
Procurement through the Agency as provided for in section 7(4)(a)(ii) and (b)(ii) of the Act, is construed to mean that the Agency must procure on behalf of departments. The Agency is not the supplier of the required information technology goods or services, but merely act as the procurement agency (procurement administration) between the department and suppliers. When a department procures through the Agency, existing contracts pertaining to the goods or services to be procured, are not be assigned to the Agency. (See section 19(2A) and (3A) of the Act which only deals with the transfer of assets and assignment of contracts, rights and obligations in respect of assets where a mandatory or optional service is acquired from the Agency directly and not procured through it.) |
| 3 |
For example the Department of Public Service and Administration will be the designated department for all transversal term contracts regarding general requirements, e.g. computers, etc. In the case of a transversal term contract specific to the functions of a particular department, that department should be selected as the designated department. |
Debt Collectors Act, 1998
