Question Tag: Public Procurement Act 2003

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Section 22 of the Public Procurement Act 2003, as amended by Act 914 of 2016, requires tenderers to possess certain qualifications.

Required:
State and explain FIVE (5) qualifications of Tenderers under the Public Procurement Act 2003.

Qualifications of Tenderers under the Public Procurement Act 2003 include:

  • Professional and Technical Qualifications: A tenderer must possess the necessary professional and technical qualifications and competence required to perform the procurement contract. This ensures that the tenderer has the expertise needed to deliver the goods, works, or services as specified.
  • Adequate Financial Resources: A tenderer must have adequate financial resources to perform the contract. This qualification ensures that the tenderer is financially stable and capable of sustaining the project through to completion without financial difficulties.
  • Necessary Equipment and Physical Facilities: The tenderer must have the necessary equipment and other physical facilities required to execute the procurement contract. This ensures that the tenderer is well-equipped to carry out the work efficiently and effectively.
  • Managerial Capability, Reliability, and Experience: The tenderer must demonstrate managerial capability, reliability, and experience in the procurement object. This qualification ensures that the tenderer has the organizational capacity and track record to manage the project successfully.
  • Legal Capacity: The tenderer must have the legal capacity to enter into the contract. This means that the tenderer must be legally recognized, solvent, not in receivership, not bankrupt, or in the process of being wound up, and must not have its business activities suspended or be the subject of legal proceedings that would materially affect its capacity to enter into the contract.
  • Compliance with Tax and Social Security Obligations: The tenderer must fulfill its obligations to pay taxes and social security contributions. This ensures that the tenderer is in good standing with the government and adheres to all legal and regulatory requirements.
  • Ethical and Environmental Requirements: The tenderer must meet any ethical and environmental requirements associated with the procurement. This ensures that the tenderer operates within ethical standards and complies with environmental regulations relevant to the contract.
  • be solvent, not be in receivership, bankrupt or in the process of being wound up, not
    have its business activities suspended and not be the subject of legal proceedings that
    would materially affect its capacity to enter into a contract.