Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000)RegulationsPreferential Procurement Regulations, 20174. Pre-qualification criteria for preferential procurement |
| (1) | If an organ of state decides to apply pre-qualifying criteria to advance certain designated groups, that organ of state must advertise the tender with a specific tendering condition that only one or more of the following tenderers may respond— |
| (a) | a tenderer having a stipulated minimum B-BBEE status level of contributor; |
| (b) | an EME or QSE; |
| (c) | a tenderer subcontracting a minimum of 30% to— |
| (i) | an EME or QSE which is at least 51% owned by black people; |
| (ii) | an EME or QSE which is at least 51% owned by black people who are youth; |
| (iii) | an EME or QSE which is at least 51% owned by black people who are women; |
| (iv) | an EME or QSE which is at least 51% owned by black people with disabilities; |
| (v) | an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or townships; |
| (vi) | a cooperative which is at least 51% owned by black people; |
| (vii) | an EME or QSE which is at least 51% owned by black people who are military veterans; |
| (viii) | an EME or QSE. |
| (2) | A tender that fails to meet any pre-qualifying criteria stipulated in the tender documents is an unacceptable tender. |