Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000)RegulationsPreferential Procurement Regulations, 201714. Remedies |
| (1) | Upon detecting that a tenderer submitted false information regarding its B-BBEE status level of contributor, local production and content, or any other matter required in terms of these Regulations which will affect or has affected the evaluation of a tender, or where a tenderer has failed to declare any subcontracting arrangements, the organ of state must— |
| (a) | inform the tenderer accordingly; |
| (b) | give the tenderer an opportunity to make representations within 14 days as to why— |
| (i) | the tender submitted should not be disqualified or, if the tender has already been awarded to the tenderer, the contract should not be terminated in whole or in part; |
| (ii) | if the successful tenderer subcontracted a portion of the tender to another person without disclosing it, the tenderer should not be penalised up to 10 percent of the value of the contract; and |
| (iii) | the tenderer should not be restricted by the National Treasury from conducting any business for a period not exceeding 10 years with any organ of state; and |
| (c) | if it concludes, after considering the representations referred to in subregulation (1)(b), that |
| (i) | such false information was submitted by the tenderer— |
| (aa) | disqualify the tenderer or terminate the contract in whole or in part; and |
| (bb) | if applicable, claim damages from the tenderer; or |
| (ii) | the successful tenderer subcontracted a portion of the tender to another person without disclosing, penalise the tenderer up to 10 percent of the value of the contract. |
(2)
| (a) | An organ of state must— |
| (i) | inform the National Treasury, in writing, of any actions taken in terms of subregulation (1); |
| (ii) | provide written submissions as to whether the tenderer should be restricted from conducting business with any organ of state; and |
| (iii) | submit written representations from the tenderer as to why that tenderer should not be restricted from conducting business with any organ of state. |
| (b) | The National Treasury may request an organ of state to submit further information pertaining to subregulation (1) within a specified period. |
| (3) | The National Treasury must— |
| (a) | after considering the representations of the tenderer and any other relevant information, decide whether to restrict the tenderer from doing business with any organ of state for a period not exceeding 10 years; and |
| (b) | maintain and publish on its official website a list of restricted suppliers. |