(1) A procuring entity may use pre-qualification procedures with a view to identifying tenderers that are qualified, before the invitation to tender —
(a) in order to identify qualified persons; (Deleted by Act 13 of 2020)
(b) for the public procurement of large or complex works;
(c) in other cases of particularly high value or complex public procurement, such as industrial plant, or in case of framework arrangements.
(2) A procuring entity shall invite pre-qualification applications by causing an invitation to prequalify to be published in the manner specified for open competitive tendering under section 57(3) to (5). (Substituted by Act 13 of 2020)
(3) An invitation to pre-qualify must contain —
(a) the name and address of the procurement entity;
(b) in the case of —
(i) goods, the nature, quantity and place of delivery of the goods to be supplied and the country of origin,
(ii) works, the nature and location of the works to be effected,
(iii) technical services, the nature of the technical services and the location where such services are to be provided;
(c) the desired or required time for the supply of the goods or for the completion of the works, or the timetable for the provision of the services;
(d) the criteria and procedures to be used to evaluate the qualifications of persons;
(e) a declaration, which may not be subsequently altered that persons may participate in the procurement procedures regardless of nationality, or a declaration that participation is limited on the basis of nationality;
(f) the price, if any, charged by the procuring entity for the pre-qualification document;
(g) the currency and means of payment for the pre-qualification document;
(h) where the information required under paragraphs (a) to (g) is already known —
(i) the place for the submission of pre-qualification applications and the deadline,
(ii) the means to obtain the pre-qualification document and the place where the pre-qualification document can be obtained,
(iii) the price charged by the procuring entity for the pre-qualification document,
(iv) the currency and terms of payment for the pre- qualification document,
(v) the language in which the pre-qualification document is available,
(vi) the place for the submission of pre-qualification applications, the time allowed for the preparation of pre-qualification applications which is not less than 4 weeks and the deadline.
(4) Where pre-qualification procedures are held, the procuring entity shall provide pre-qualification documents to all tenderers responding to the invitation to pre-qualify, so as to provide them with the information required to prepare and submit pre-qualification applications.
(5) The pre-qualification document under subsection (4) must include —
(a) instructions for preparation and submission of a pre-qualification application;
(b) a summary of the main terms and conditions required for the public procurement contract to be entered into as a result of the public procurement procedure;
(c) any documentary evidence or other information that must be submitted by persons to demonstrate their qualifications;
(d) the manner and place for the submission of the pre-qualification application and the deadline for submission, expressed as a specific date and time which allows sufficient time for persons to prepare and submit applications, taking into account the procurement requirement of the procuring entity; and
(e) any other requirement that may be established by the procuring entity under this Act or Regulations made under this Act relating to the preparation and submission of pre-qualification applications and to the pre-qualification procedures.
(6) The procuring entity shall respond to any request by a person for clarification of the pre-qualification documents if the request is made at least 10 days before the deadline for the submission of pre-qualification applications.
(7) The response by the procuring entity shall be given within a period not exceeding 7 working days so as to enable the person to make a timely submission of the pre-qualification application. (Amended by Act 13 of 2020)
(8) The response to any request that might be expected to be of interest to other persons shall, without identifying the source of the request, be communicated to other persons provided with the pre- qualification document by the procuring entity.
(9) A procuring entity shall promptly notify each person who submitted a pre-qualification application of whether or not he or she has pre-qualified and shall make available to any member of the general public, upon request, the names of the persons who have been pre-qualified.
(10) A person who is pre-qualified may participate further in the procurement procedure.
(11) The procuring entity shall, upon request, communicate to a person who did not satisfy the pre-qualification criteria, the grounds for his or her disqualification.
(12) The procuring entity may require a person who has been pre-qualified to demonstrate his or her qualifications again in accordance with the same criteria used to pre-qualify the person.
(13) The procuring entity shall promptly notify each person requested to demonstrate his or her qualifications again whether or not the person has done so to the satisfaction of the procuring entity.
(14) The procuring entity shall disqualify any person who fails to demonstrate his or her qualification again if requested to do so.