Since 2001 when Tenderscan started, we have received numerous complaints and queries about unfair treatment in the tender process. We have offered advice and launched campaigns over the years in order to foster a fairer tender system, but we realized that the main problem relates to understanding how to take up matters of unfair treatment with the government agencies calling for tenders.
These are the core questions we will address:
- Do you know your rights when tendering?- Do you know how to query an award?- If you feel that you have been unfairly treated, do you know how to take the matter up effectively with the authorities?
To clarify these issues, we held workshops on ‘SA Procurement Law and Practice’ in Cape Town and Johannesburg in 2010. Demand for these workshops was high and so this year we are holding a workshop in Johannesburg again. The focus of the workshop is on the needs of private sector bidders when bidding for government tenders, and on how best to take up matters of perceived unfairness in the process. The workshops are designed to stimulate discussion with legal experts in this field and government representatives will be available to answer difficult questions. A set of notes explaining the laws and regulations (and legal remedies) will be provided to each workshop delegate.
2011 Workshop: 22 November 2011 in Johannesburg
The presenter of the law sessions is Brendan Barry of Cheadle Thompson & Haysom Attorneys. Included in the day’s proceedings will be presentations and question & answer discussions with Supply Chain Management representatives and Gauteng Provincial Government representatives.
2011 Workshop Programme:1st Law Session – Legal principles, laws and regulations applicable to government procurement and tender processes
2nd Law Session – Process of drawing up the tender document and calling for tenders. The bidder’s rights prior to the award: vague specifications; required documents not available and other problems.
3rd Law Session – The bidder’s rights after award of the tender: access to information; reasons and internal appeals; when to review, and how.
4th Session – Supply Chain Management & Government Representation plus Q&A: How tender processes are administered by local Govt, what registration on the service provider database means, and how best to take up matters of perceived unfair practice.