Review of Tenders

Special Procurement Oversight Committee (SPOC)

In terms of Section 32 (1) of the Regulations, where procurement is of a class specified under Section 10(5) and subject to scrutiny by the Special Procurement Oversight Committee, the procuring entity shall submit to the Authority:-

  • a copy of the procurement notice,
  • the procurement record, and
  • copies of all bids submitted.

In terms of Section 32 (2) of the Regulations,  the Secretariat shall convene a meeting of the Special Procurement Oversight Committee within seven days after receipt of the procurement record listed above, and the Committee shall consider the proceedings promptly in terms of section 54 of the Act.

When a procuring entity awards a especially sensitive or especially valuable contract?

In terms of Section 32 (4) of the Regulations, where a procuring entity purports to award a procurement contract that is especially sensitive or especially valuable as defined in section 54 of the Act, and the Special Procurement Oversight Committee has not certified in terms of that section that the contract withstands scrutiny, the contract shall be void.

What is the role of a Special Procurement Oversight Committee?

In terms of Section 54 of the Act the main purpose of this committee is of scrutinising especially sensitive or especially valuable procurement contracts and exempted contracts, and shall report to the Minister and the Authority.

“Scrutinising” is defined as, in relation to:-

1. A procurement contract, means to ensure:-

  • that that all the processes, procedures and formalities required to be undertaken in terms of the Act in order to bring the procurement contract into being before its award have been substantially complied with and have not been omitted; and
  • conformity otherwise with the applicable provisions of the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009) and any other enactment securing public and financial accountability; and
  • generally that the objectives of the Act in relation to public procurement as outlined in section 4(1) have, to the fullest possible extent, been given effect to with reference to the proposed award

2. an exempted contract, means to ensure:-

  1. conformity otherwise with the applicable provisions of the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009) and any other enactment securing public and financial accountability;
  2. that the objectives of the Act in relation to public procurement as outlined in section 4(1) have, to such extent as may be applicable to the exempted contract in question, been given effect to with reference to the proposed award; and

3. a procurement contract by a joint venture, means to ensure—

  1. that the proposed award complies with the criteria set forth in section 100(5)(c) of the Act; and
  2. conformity otherwise with the applicable provisions of the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009) and any other enactment securing public and financial accountability.

Which procurement goes to the Special Procurement Oversight Committee?

In terms of Section 10 (5), the threshold for scrutiny of especially valuable procurement contracts by the Special Procurement Oversight Committee in terms of Section 54. Procurements at or above the following thresholds shall be presented to the Committee for review:- 

Class A Procuring EntityThreshold
a)     for construction works500 000.00
b)    for goods250 000.00
c)     for non-consultancy and consultancy services100 000.00
Class B Procuring Entity
a)     for construction works250 000.00
b)    for goods150 000.00
c)     for non-consultancy and consultancy services75 000.00
Class C Procuring Entity
a)     for construction works200 000.00
b)    for goods100 000.00
c)     for non-consultancy and consultancy services50 000.00