| (1) | A committee referred to in this regulation has the functions referred to in subregulations (7), (8) and (9) in order to process competitive bids. |
| (2) | The functions of a committee referred to in this regulation are not restricted to those referred to in sub-regulations (7), (8) and (9) and the Accounting Officer may add other functions deemed necessary for the effective processing of a bid, but may not remove or cross allocate any of the functions. |
| (3) | A member of a committee is appointed by the Accounting Officer for a period of up to two years. |
| (4) | The Accounting Officer may renew a member's period of appointment for a further period of up to two years. |
| (5) | A member of a committee must sign a declaration of confidentiality. |
| (6) | A member of a committee referred to in this regulation must be familiar with the powers and limitations of the committee, as well as the provisions of the Act. |
Bid Specification Committee
| (a) | The Bid Specification Committee must — |
| (i) | compile specifications for each bid; |
| (ii) | draft specifications in an unbiased manner to allow all prospective suppliers to offer their goods or services; |
| (iii) | take account of accepted industry-related standards; |
| (iv) | confirm that the estimated costs of the services, works or goods for which an invitation for bid is to be made are planned for by the division concerned; |
| (v) | determine and stipulate the appropriate preference point system to be utilised in the evaluation and adjudication of the bid; |
| (vi) | determine whether the services, works or goods for which the invitation for bid is to be made have been designated for local production and content in terms of the PP Regulations and if so, draft the bid as stipulated in the PP Regulations; |
| (vii) | clearly indicate if the bid will be evaluated on functionality and if so, clearly stipulate the criteria, as is required by the PP Regulations; |
| (viii) | list the documents and information that must be submitted to constitute an acceptable bid; and |
| (ix) | submit the draft specifications to the Accounting Officer for comment prior to publication of the invitation for bids. |
| (b) | The standards and specifications in the bidding documents must promote the broadest possible competition, while assuring that critical elements of performance or other requirements for goods or services being procured are achieved. |
| (c) | Specifications must be based on relevant characteristics or performance requirements and any reference to brand name or similar classifications must be followed by the words "or equivalent". |
| (d) | The Bid Specification Committee consists of: |
| (i) | Permanent members, appointed in terms of sub-regulation (3); and |
| (ii) | as an ad hoc member, the manager of the unit who is proposing the bid. |
| (e) | The Accounting Officer may appoint additional members on an ad hoc basis who are experts in the field in which a bid is prepared. |
Bid Evaluation Committee
| (8) | The Bid Evaluation Committee must— |
| (a) | evaluate a bid in accordance with the specifications and in accordance with the points system in the bid document: Provided that: |
| (i) | the committee may condone any non-compliance with peremptory requirements in cases where condonation is not incompatible with the public interest, with approval from the Accounting Officer or delegated authority; |
| (ii) | the committee may condone any non-compliance with conditions that are immaterial, unreasonable or unconstitutional, with approval from the Accounting Officer or delegated authority; |
| (iii) | the points for price must be calculated and dealt with as is set out in the PP Regulations; and |
| (iv) | the committee must consider the factors, conditions and procedures stipulated by the PP Regulations as part of its evaluation; |
| (c) | consider the vetting reports on shortlisted prospective suppliers as supplied by the supply chain management unit; and |
| (d) | submit to the Bid Adjudication Committee a report regarding the evaluation, setting out— |
| (i) | the bidders that have been disqualified, with the reasons for such disqualification; |
| (ii) | a recommendation as to the preferred supplier, and should that supplier for any reason not accept the award, the second preferred supplier; and |
| (iii) | any other information that the committee deems relevant. |
Bid Adjudication Committee
| (a) | The Bid Adjudication Committee must— |
| (i) | consider the report of the Bid Evaluation Committee; |
| (ii) | assess the conclusions made by the Bid Evaluation Committee; |
| (iii) | satisfy itself that all reasonable control measures have been taken into account to ensure that goods and services are procured in the most economical, effective and efficient manner; |
| (iv) | ensure and declare in the report to the Accounting Officer whether the procurement process was competitive, fair, transparent, open, and whether it promoted responsible and accountable governance in the Parliamentary Service; |
| (v) | satisfy itself that its recommendations are reasonable and made on the grounds of the information available to it and without prejudice; and |
| (vi) | make a recommendation to the Accounting Officer to make the final award or on how to proceed with the relevant procurement in accordance with this Act, the Preferential Procurement Policy Framework Act and the PP Regulations. |
| (b) | The Accounting Officer may appoint persons other than officials or persons in the employ of the state to advise the Bid Adjudication and Evaluation Committees and must record such appointments in his or her award of the bid. |
| (c) | The Accounting Officer— |
| (i) | may approve or reject the recommendation of the Bid Adjudication Committee, or make a decision that differs from the recommendation of the Bid Adjudication Committee: Provided that where the decision differs, the Accounting Officer must report the decision and the reasons for the decision to the Executive Authority and the Auditor-General as contemplated in section 43 of the FMPA; |
| (ii) | may refer any recommendation back to that committee for reconsideration, clearly setting out the reasons for such referral; |
| (iii) | may cancel a bid prior to an award in accordance with the PP Regulations, provided that the Accounting Officer must publish the reason for cancellation on the official website of Parliament; |
| (iv) | must, where a decision that is disputed was made in terms of the Delegation of Authority, note all appeals against that decision, or a request for a review of any part of the bid process whether submitted by an official, or a prospective or preferred supplier during or after the completion of the process - but not later than 14 days after the signing of a contract, unless good reasons for a delay can be provided, and refer such appeal or review to a person senior to the decision taker for consideration and action; |
| (v) | must implement the decision referred to in item (iv), which decision may include: |
| (aa) | Starting the bid process anew; |
| (bb) | correcting a procedural mistake; |
| (cc) | obtaining and considering additional relevant information; |
| (dd) | reviewing a recommendation or step in the process; |
| (ee) | revoking a decision to award a bid or offer a contract; and |
| (ff) | such other decision as may be appropriate under the circumstances; or |
| (vi) | must declare invalid any recommendation or decision made which was taken by or in any way influenced by— |
| (aa) | members of Parliament in contravention of this Act or any applicable code of conduct for members of Parliament; or |
| (bb) | officials of Parliament in contravention of this Act or any applicable code of conduct for officials of Parliament. |
| (d) | Neither a member of the Bid Evaluation Committee, nor an advisor or person assisting such a committee, may be a member of the Bid Adjudication Committee. |
| (e) | A Bid Adjudication Committee member may not advise or assist in a Bid Evaluation Committee. |
