Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)RegulationsMunicipal Supply Chain Management Regulations, 2005Chapter 2: Framework for Supply Chain Management PoliciesPart 2: Acquisition management29. Bid adjudication committees |
| (1) | A bid adjudication committee must— |
| (a) | consider the report and recommendations of the bid evaluation committee; and |
| (b) | either— |
| (i) | depending on its delegations, make a final award or a recommendation to the accounting officer to make the final award; or |
| (ii) | make another recommendation to the accounting officer how to proceed with the relevant procurement. |
| (2) | A bid adjudication committee must consist of at least four senior managers of the municipality or municipal entity which must include— |
| (i) | the chief financial officer or, if the chief financial officer is not available, another manager in the budget and treasury office reporting directly to the chief financial officer and designated by the chief financial officer; |
| (ii) | at least one senior supply chain management practitioner who is an official of the municipality or municipal entity; and |
| (iii) | a technical expert in the relevant field who is an official of the municipality or municipal entity, if the municipality or municipal entity has such an expert. |
| (3) | The accounting officer must appoint the chairperson of the committee. If the chairperson is absent from a meeting, the members of the committee who are present must elect one of them to preside at the meeting. |
| (4) | Neither a member of a bid evaluation committee, nor an advisor or person assisting the evaluation committee, may be a member of a bid adjudication committee. |
(5)
| (a) | If a bid adjudication committee decides to award a bid other than the one recommended by the bid evaluation committee, the bid adjudication committee must prior to awarding the bid— |
| (i) | check in respect of the preferred bidder whether that bidder’s municipal rates and taxes and municipal service charges are not in arrears; and |
| (ii) | notify the accounting officer. |
| (b) | The accounting officer may— |
| (i) | after due consideration of the reasons for the deviation, ratify or reject the decision of the bid adjudication committee referred to in paragraph (a); and |
| (ii) | if the decision of the bid adjudication committee is rejected, refer the decision of the adjudication committee back to that committee for reconsideration. |
| (6) | The accounting officer may at any stage of a bidding process, refer any recommendation made by the evaluation committee or the adjudication committee back to that committee for reconsideration of the recommendation. |
| (7) | The accounting officer must comply with section 114 of the Act within 10 working days. |