Page 62 of 91 ANNEXURE C
Annexure c
Quote from the response by the National Treasury to the draft Steel Master Plan. 1. Where anomalies are detected in any of these processes (designations, under-invoicing, illicit imports), these must be reported to the DTIC with recommendations for action. Actions may include reporting to the DPE, COGTA or SARS, prosecution or recommending to the National Treasury that firms be blacklisted for State procurement. a. Currently, there are various prescripts that speak to restriction of suppliers; for ease of reference, the links are provided below: i. Regulation 14 of the Preferential Procurement Regulations, 2017 http://ocpo.treasury.gov.za/Resource_Centre/Legislation/Prefere ntial%20Procurement%20Regulations%202017%20as%20per% 20Gazette%2010684.pdf ii. Regulation 13 of the Preferential Procurement Regulations, 2011 (depending if the transgression happened under the 2011 regulations, and if it pertained to a matter falling within the regulations) http://ocpo.treasury.gov.za/Resource_Centre/Legislation/1- 34350%208-6%20NatTreas.pdf iii. Instruction Note 3 of 2016-2017 (Prevention and combating abuse in SCM) http://ocpo.treasury.gov.za/Resource_Centre/Legislation/Nation al%20Treasury%20SCM%20Instruction%20No%202%20of%20 2016-2017%20Procurement%20Plans%20- %20Submission%20and%20Reporting.zip iv. Treasury Regulations (TR16A9.2) http://www.treasury.gov.za/legislation/pfma/regulations/gazette_ 27388.pdf v. Clause 23 of the General Conditions of Contract http://ocpo.treasury.gov.za/Resource_Centre/Legislation/Genera l%20Conditions%20of%20Contract- %20Inclusion%20of%20par%2034%20CIBD.pdf b. These prescripts apply if the bidder/supplier committed a transgression in terms of any of the prescripts listed above. If not, then the restriction would not be in terms of the aforesaid provisions, but in terms of the relevant Institution’s policy (where the above prescripts may not be applicable), or it may be in terms of a specific contract. c. If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt Activities
48
The South African Steel and Metal Fabrication Master Plan 1.0
Made with FlippingBook. PDF to flipbook with ease