Attention will also be given to the supervisory role of the municipal manager over the different committees. He explained to us why the residents needed to protest. Legislative provisions The bid evaluation committee BEC is responsible for the evaluation of bids submitted in response to a public invitation for bids.
It is very likely that the new point system would have changed the identity of the participating bidders: And, if you like what you read, please subscribe! All bidders who participated in the initial process were informed of the new bid invitation and the new criteria that would apply. The whole rationale behind competitive bidding may be defeated where changes are made to the specifications, conditions or the rules that have been laid down for conducting the process such as qualification, selection or adjudication criteria, or procedural rules relating to formalities for bids.
The Abahlali baseMjondolo campaign against the Slums Act The Right2Know Campaign is an umbrella organisation tackling secrecy legislation, as well as denials of access to information, and access to process. The municipal manager made the final decision and awarded the contracts to IMS.
The municipal manager explained that the reason why the BAC met immediately after the BEC had concluded its meeting was "to expedite a tender decision" and because "[t]he contract with Actaris had already been extended twice and the continuation of this state of affairs was not desirable".
Requiring bidders to declare any conflict of interest they may have in the transaction for which the bid is submitted, and to declare whether they or certain persons linked to them are or have been in the service of the state serves this purpose.
The municipality and IMS had to pay the costs of Actaris' application jointly and severally. The functions of each committee are explained and all the cases that have thus far involved the implementation of the committee system are critically analysed.
This rebellion is massive. In Nelson Mandela Bay Municipality v Afrisec Strategic Solutions Pty Ltd 76 the court, at the instance of the municipality, set aside agreements concluded with the preferred bidder Afrisec on the ground that they exceeded the scope of the bid invitation and the specifications advertised.
Regulation 38 1 d i provides that an SCMP must enable a municipal manager to reject any bid from a bidder whose municipal rates and taxes and municipal service charges are in arrears for more than three months. As background, an overview will be given of the legal framework for public procurement at local government level.
A competitive bidding process generally consists of different stages and in terms of the MSCM Regulations, an SCMP must provide for procedures for each of the stages, that is, the compilation of bid documentation, the public invitation of bids, site meetings or briefing sessions where necessary, the handling of bids after submission, the evaluation of bids and the award of contracts, and the administration of contracts and proper record keeping.
In light of the cases it is clear that failure to comply with all the legislative requirements results in very costly litigation. During the celebration, we talked to various participants about the service delivery industry, mostly focusing on housing,water, and power shedding.
All the other agreements, including the main agreement, exceeded the scope of the bid invitation, the bid submitted by Afrisec and the letter accepting such bid. Strictly speaking therefore this is allowed. An analysis will then follow of the provisions relating to the composition of the committee, the binding nature of the bid specifications advertised and the disqualification of bidders.
The municipality further failed to provide any explanation as to why any of the other members of the electricity department were not members of the BEC. The BAC also did not have the benefit of any technical explanations or advice.
Afrisec submitted a bid of about R2. The municipal manager then reasoned that under the circumstances there were valid and well-founded reasons to not award the bid and to re-advertise. In spite of the grim history of Sharpville Massacre, the atmosphere was festive with a lot of singing and dancing see our video blog.
Such regulatory framework must further be fair, equitable, transparent, competitive and cost-effective. The court accordingly set aside the three contracts awarded to IMS and ordered the municipality to reconsider the awards. The Act encourages private employers to hire young workers by providing a tax incentive to employers, with government sharing the costs of such employment for a maximum of two years under certain conditions.
Possibilities for changing award criteria may, however, result in abuse: The cases illustrate how important it is for municipalities to ensure that the different committees are properly constituted and that decisions at meetings are properly taken.DEMOCRATIC DEEPENING IN SOUTH AFRICA local government service delivery and local citizen participation Shauna Mottiar.
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