(1) A procuring entity may use restricted tendering —
(a) where a procuring entity has reason to believe that the procurement requirement is only available from a limited number of tenderers;
(b) where the time and cost of considering a large number of tenders is disproportionate to the value of the public procurement;
(c) subject to section 83, where there is no response following open competitive tendering and a re-tender exercise is not considered practical; or (Amended by Act 13 of 2020)
(d) by limiting the participation in a particular public procurement to suppliers included on the list of suppliers drawn up and maintained by the procuring entity so as to ensure that suppliers of specialised goods and services have and maintain the necessary technical and financial capability to provide them. (Amended by Act 13 of 2020)
(2) Where restricted tendering is used on the ground referred to in subsection (1)(a), all known suppliers capable of supplying the procurement requirement must be directly procured.
(3) Where restricted tendering is used on the ground referred to in subsection (1)(b), the procuring entity shall, as far as reasonably possible, directly solicit tenders from a minimum of 5 tenderers.
(4) A procuring entity may consider only the technical capacity of a supplier on the list of suppliers to fulfil the technical requirements of a specific contract. (Inserted by Act 13 of 2020)
(5) A supplier that is included on the list of suppliers under section 57A is presumed to be eligible to participate in a restricted tendering procedure. (Inserted by Act 13 of 2020)