| 8.1 | PREPARATION FOR SOLICITING BIDS |
| 8.1.1 | The designated department or public body must— |
| (a) | determine the need to procure information technology goods or services; and |
| (b) | compile a business case5 and the user requirements specifications for the need. |
| 8.1.2 | If so requested by the designated official, the Agency must, at the cost of the department or public body in question, advise on the preparation of the business case or user requirement specifications or both. |
| 8.1.3 | For purposes of the procurement for departments, the designated department must establish a committee constituted of the accounting authorities of all relevant departments, or their authorised representatives— |
| (a) | to make proposals regarding the business case and user requirement specifications and to approve such case and specifications; and |
| (b) | to authorise the accounting authority of the designated department to award the bid on their behalf. |
| 8.1.4 | The designated department or public body must submit the business case and the user requirement specifications to the Agency for evaluation of completeness and correctness regarding the technical and procurement requirements. |
| 8.1.5 | For purposes of advertising, the Agency must compile the bid documentation consisting of— |
| (a) | the evaluation criteria for the bid in accordance Kith the Preferential Procurement Policy Framework Act, including, but not limited to, specific goals for— |
| (i) | black economic empowerment; and |
| (ii) | procuring from suppliers situated in the specific province where the goods or services are required; |
| (b) | tax clearance certificate requirements; |
| (c) | if the value of the envisaged contract exceeds R10 million, a National Industrial Participation Programme certificate issued by the Department of Trade and Industry; |
| (d) | in respect of departments, a condition that all informational technology goods and services offered must meet the standards set in terms of section 7(6)(a) of the Act and where the standards can be accessed. |
| 8.1.6 | When determining specific goals in terms of regulation 8.1.5(a) in respect of a province, the Agency must consult the Director-General: Office of the Premier of that province. |
| 8.1.7 | Before the bid is advertised— |
| (a) | the designated department or public body must approve the final bid documentation; and |
| (b) | the Agency must compile a value proposal on the cost for the designated department or public body in respect of advertising and evaluation of the bid. |
| 8.2 | PREPARATION FOR SOLICITING BIDS |
| 8.2.1 | Within 10 working days after receipt of the business case from the designated department or public body for a bid in terms of regulation 8.1.4, the Agency must submit to the designated official for approval— |
| (a) | a procurement schedule for the execution of the request for a bid; |
| (b) | a detailed costing for the subsequent contract management, if required. |
| 8.2.2 | The Agency must comply with the approved procurement schedule. |
| 8.2.3 | The Agency must immediately notify the designated official of the designated department or public body in writing if at any time it is unable to comply with the approved procurement schedule and the reasons for such inability.6 |
| 8.3.1 | The Agency must arrange for the advertising of all invitation for bids in the Government Tender Bulletin, the Agency’s website and all other media considered appropriate to solicit the desirable number of bids. |
| 8.3.2 | The Agency must also advertise in the relevant province a bid for information technology goods or services required by— |
| (a) | a province or one or more provincial departments; or |
| (b) | a national department for use in a province. |
| 8.4.1 | The bids must close at such office as the Agency may determine. |
| 8.4.2 | The Agency must ensure that— |
| (a) | all bids are opened in public; and |
| (b) | the names of all bidders and, if possible, the total bid prices, are declared in public. |
| 8.5 | DUTIES OF DESIGNATED OFFICIAL |
Subject to applicable legislation, the designated official of a designated department or public body must—
| (a) | prepare and obtain the approval of the relevant authority in the department or public body for the business case and user requirement specification; |
| (b) | determine the appropriate evaluation criteria and the weightings to be applied during evaluation; |
| (c) | obtain the appointment of officials to participate in the evaluation of bids with due regard to the requirements of the relevant department or public body; |
| (d) | if so requested, advise the accounting authority of the designated department or public body on the final award of a bid upon receipt of the recommendation of the Recommendation Committee, referred to in regulation 14; |
| (e) | obtain acceptance of information systems for implementation and operation according to the approved acceptance test plans; |
| (f) | obtain the required approval for additions or modifications to contracts concluded on or after the commencement of these Regulations, including extensions of such contracts; |
| (g) | obtain the required approval for maintenance request; 7 |
| (h) | compile a budget for the requested information technology goods or service and the maintenance thereof (if applicable); and |
| (i) | perform such other functions as are provided for in these Regulations. |
| 8.6 | DISPUTE RESOLUTION CLAUSES IN CONTRACTS |
Each contract concluded with one or more suppliers in respect of any services or goods to be procured through the Agency must provide for the resolution of any disputes between a department or public body and a supplier in connection with or arising out of the contract, irrespective of whether the department or public body is a party to that contract.
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| 4 | See section 23(1)(a), read with section 7(3), (4)(a)(ii) and (5)(b) of the Act. |
| 5 | See regulation 14.3 regarding the inclusion of the available funding for the acquisition. |
| 6 | Also see regulation 17.2.1 (b). |
| 7 | The maintenance requests can be for adaptive, perfective or corrective maintenance. |
