Self-assessment
Public Procurement Self-Assessment
12 yes/no questions on public procurement in South Africa, for suppliers who bid for government work and for public bodies that buy: the framework that applies now, registration on the supplier database, tax and B-BBEE proof, fair process, and the new Public Procurement Act. You get a score for each area and a list of gaps with what to do about each one.
1. Which rules apply
The Public Procurement Act 28 of 2024 was signed on 23 July 2024 but, according to the sources, it takes effect on a date the President sets, and no date had been proclaimed. Until then the Preferential Procurement Policy Framework Act (PPPFA) and the 2022 Preferential Procurement Regulations continue to apply. Check the current position.
1. Do you know whether the Public Procurement Act has started, and which framework applies to the bids you submit or evaluate?
(Public Procurement Act 2024, PPPFA)
2. Do you follow the transitional rule that bids advertised or awarded before commencement are dealt with under the law that applied at the time?
(Public Procurement Act s66)
3. Have you read the Act's main changes: a Public Procurement Office within National Treasury, a Public Procurement Tribunal to review decisions, and a central procurement portal?
(Public Procurement Act 2024)
2. For suppliers: being ready to bid
Answer Not applicable in this section if you do not bid for government work.
1. Are you registered on National Treasury's Central Supplier Database with your tax, bank and company details up to date?
(Treasury Regulations, SCM instructions)
2. Is your tax compliance status in good standing with SARS, with returns filed and tax debts paid or under arrangement?
(SCM instructions, Tax Administration Act)
3. Do you hold a valid B-BBEE certificate or sworn affidavit, as the tender requires, to claim preference points?
Under the 2022 PPPFA Regulations, preference points are normally allocated on a points system. Check the current points system and thresholds in each tender document. (PPPFA Regulations 2022)
4. Do you read each tender document closely, complete every form and declaration truthfully (including conflict of interest and independent bid declarations), and submit before the closing time?
(SCM instructions, Competition Act s4)
5. Do you hold the sector registrations and licences the tender needs, such as a CIDB grade or professional registration?
(CIDB Act, tender conditions)
3. For public bodies: running a fair process
Answer Not applicable in this section if you are a supplier only.
1. Do you run procurement in a way that is fair, equitable, transparent, competitive and cost-effective, with written bid specification, evaluation and adjudication committees?
(Constitution s217, PFMA/MFMA)
2. Do you check bidders against the supplier database, tax compliance, restriction lists and conflicts of interest before you award?
(SCM instructions)
3. Do you apply the preferential procurement rules (points, thresholds and any set-asides) correctly and record the reasons for any deviation from normal process?
(PPPFA, Regulations 2022)
4. Do you publish tender awards and contract details as required, and keep complete procurement files?
(Public Procurement Act s28, SCM instructions)
Sources
- Public Procurement Act 28 of 2024 (Law Library)
- Treasury on commencement of the Public Procurement Act, 2024 (gov.za)
- 'New Dawn' for Public Procurement in South Africa (Cliffe Dekker Hofmeyr)
- New public procurement law promises to enhance transparency (Baker McKenzie)
- The Public Procurement Bill becomes law (Dullah Omar Institute)
Turn these gaps into tracked tasks
Assign owners and due dates, keep the evidence, and show your progress to clients and auditors.