Public Procurement

The South African Constitution stipulates that fairness, equity, transparency, competitiveness and cost-effectiveness should guide all public procurement.

Public procurement in South Africa is regulated under the extensive and complex legislative framework enacted to affect the relevant Constitutional provisions.

National Government, Provincial and Municipal procurement challenges are forcing courts and legislature to rapidly develop on the subject matter, causing ongoing changes to the nature of government procurement in South Africa. South African public and private bodies are required to keep up to date with developments in the regulation of local government procurement and, in certain instances, international tendering requirements.

Dirk Kotze Attorneys can assist public and private sector clients with procurement processes’ complex administrative and legal principles. We play a pivotal role in assisting public sector clients in applying and implementing fair processes that meet procurement principles, guiding private sector clients through tedious procurement processes, or challenging general procurement processes that fall foul of the applicable regulations.

Our Public Procurement services include:

 

  • Advice government or public entities on appropriate procurement processes
  • Assistance in drafting tender documentation
  • Assistance in legal issues that arise when tenders are evaluated, awarded or disputed
  • Representation where tender awards are challenged
  • Liaising between clients and government procurement departments
  • Advice to private sector entities on responding to government tenders, on preparing submissions and representing entities that wish to challenge or defend tender awards
  • Facilitation of public/private partnerships (PPP)
  • Advice on black economic empowerment (BEE) matters
  • Drafting and review various agreements, including consortium and joint venture agreements, shareholders’ agreements, concession agreements, preferred supplier agreements, and service level agreements
ARTICLES AND ADVICE

 WHAT IS A TENDER VALIDITY PERIOD AND WHY DOES A BIDDER NEED TO BE AWARE OF THIS?

The tender validity period ensures that applicants commit to their bid; modification and/or withdrawals of bids are not permitted within this specified period. READ MORE

PROCUREMENT APPLICATIONS: REQUIRED DOCUMENTS FOR BID SUBMISSIONS

One of the most common mistakes companies make when submitting tender bids is not checking that their required documents are attached. 

READ MORE

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Property law is the area of law that governs the various forms of ownership of movable and immovable property under the common law, statutory law and constitutional perspectives. Simply put, it is anything owned by a person or entity.

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Corporate and Commercial Law

Corporate and Commercial Law refers to legal issues concerning companies, close corporations, agencies, franchises and partnerships.

Public Procurement

Public Procurement, also known as Tenders, refers to how public authorities, such as government, provincial or municipal departments, purchase work, goods or services from businesses

The scope of goods and services bought by public authorities ranges widely, from large-scale infrastructure and urban development projects to the acquisition of complex items or services. 

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