Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000)RegulationsPreferential Procurement Regulations, 20175. Tenders to be evaluated on functionality |
| (1) | An organ of state must state in the tender documents if the tender will be evaluated on functionality. |
| (2) | The evaluation criteria for measuring functionality must be objective. |
| (3) | The tender documents must specify— |
| (a) | the evaluation criteria for measuring functionality; |
| (b) | the points for each criteria and, if any, each sub-criterion; and |
| (c) | the minimum qualifying score for functionality. |
| (4) | The minimum qualifying score for functionality for a tender to be considered further— |
| (a) | must be determined separately for each tender; and |
| (b) | may not be so— |
| (i) | low that it may jeopardise the quality of the required goods or services; or |
| (ii) | high that it is unreasonably restrictive. |
| (5) | Points scored for functionality must be rounded off to the nearest two decimal places. |
| (6) | A tender that fails to obtain the minimum qualifying score for functionality as indicated in the tender documents is not an acceptable tender. |
| (7) | Each tender that obtained the minimum qualifying score for functionality must be evaluated further in terms of price and the preference point system and any objective criteria envisaged in regulation 11. |