Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000)RegulationsPreferential Procurement Regulations, 20171. Definitions |
In these Regulations, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act must bear the meaning so assigned—
means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;
means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
has the meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
"black people"
has the meaning assigned to it in section 1 of the Broad-Based Black Economic Empowerment Act;
"Broad-Based Black Economic Empowerment Act"
means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
"co-operative"
means a co-operative registered in terms of section 7 of the Cooperatives Act, 2005 (Act No. 14 of 2005);
"designated group"
means—
| (a) | black designated groups; |
| (b) | black people; |
| (c) | women; |
| (d) | people with disabilities; or |
(e) small enterprises, as defined in section 1 of the National Small Enterprise Act, 1996 (Act No. 102 of 1996);
"designated sector"
means a sector, sub-sector or industry or product designated in terms of regulation 8(1)(a);
"EME"
means an exempted micro enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
"functionality"
means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents;
"military veteran"
has the meaning assigned to it in section 1 of the Military Veterans Act, 2011 (Act No. 18 of 2011);
"National Treasury"
has the meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
"people with disabilities"
has the meaning assigned to it in section 1 of the Employment Equity Act, 1998 (Act No. 55 of 1998);
"price"
includes all applicable taxes less all unconditional discounts;
"proof of B-BBEE status level of contributor"
means—
| (a) | the B-BBEE status level certificate issued by an authorised body or person; |
| (b) | a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or |
| (c) | any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act; |
"QSE"
means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
"Rand value"
means the total estimated value of a contract in Rand, calculated at the time of the tender invitation;
"rural area"
means—
| (a) | a sparsely populated area in which people farm or depend on natural resources, including villages and small towns that are dispersed through the area; or |
| (b) | an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have a traditional land tenure system; |
"stipulated minimum threshold"
means the minimum threshold stipulated in terms of regulation 8(1)(b);
"the Act"
means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000);
"township"
means an urban living area that any time from the late 19th century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994;
"treasury"
has the meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); and
"youth"
has the meaning assigned to it in section 1 of the National Youth Development Agency Act, 2008 (Act No. 54 of 2008).