(1) | The Minister, after consultation with all executing authorities— |
(a) | must make regulations regarding the manner in which procurement in terms of section 7(3) to (7) must take place, subject to the approval of the Minister of Finance; and |
(b) | may make regulations regarding— |
(i) | any matter that must or may be prescribed by regulation in terms of this Act; |
(ii) | the imposition of additional duties or conferment of additional powers on the Agency that are necessary to achieve its objects; |
(iii) | a procedure to resolve disputes between a department and the Agency; |
(v) | any other matter that is necessary to be prescribed in order to achieve the objects of this Act. |
(2) | Without limiting the generality of subsection (1)(a), such regulations— |
(a) | must provide for representation during the procurement process of the department that requires procurement; |
(b) | must provide for due consideration of suitable service providers department located in the province in which the goods or services are required; |
(c) | may include provision for the circumstances in which procurement through the Agency is not required of procurement through another institution may occur; and |
(d) | may include a procedure to resolve disputes regarding the preferred service provider. |
[Section 23 substituted by section 15 of Act No. 38 of 2002]