Procurement Law

In the public sector, procurement law governs the planning of, requirements, manner and procedures of public acquisitions. It also governs the centralisation of public procurement and the procurement in areas of water management, energy, communication and so on.

Similarly to the public sector, procurement law in the private sector covers the same aspects of acquisition but is more commercial and profit-orientated. When entering into deals with the public sector, it is imperative that the private sector is aware of the public procurement laws and regulations, and the compliance thereof to ensure successful business partnerships.

In South Africa, the government encourages partnerships between the public and private sectors, which can often lead to profitability, especially in the case of small- to medium-sized businesses.

At Allardyce & Partners, we provide advice to both companies and local government on all aspects of procurement legislation and regulations.

  • Quotes versus tenders and the requirements thereof
  • The RFP (Request For Proposal)
  • Challenge of tenders awarded in breach of supply chain management legislation and regulations
  • Review and setting aside tenders for various reasons, such as fraud or invalidity
  • Legal compliance issues for bids submitted in terms of the:
    • Public Finance Management Act;
    • Treasury Regulations issued in terms of the Public Finance Management Act;
    • Preferential Procurement Policy Framework Act;
    • Municipal Supply Chain Management Policy; and
    • The Municipal and Provincial Supply Chain Management Delegations of Authority.

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