GIBB tender expert on how to avoid “illegal” pitfalls and getting it right

16th September 2014

Company Annoucement - The many pitfalls of procurement and adjudication was highlighted by civil engineer, Carel Davids from leading South African engineering consulting firm, GIBB, during a comprehensive presentation at a recently staged post graduate course at Stellenbosch University.Outsourcing of procurement in the public sector is particularly appealing as a consultant has the independence, expertise, is impartial and has the professional integrity to advise clients in order to mitigate the numerous shortcomings found in many local, provincial and national government departments.

Davids presentation was on A Practical Guide to Procurement, Contract Documentation and Adjudication – which attracted local contractors, fellow consultants and students. The audience received explanations to complex procedures that are confused even further by widely reported corruption and ‘tenderpreneur’ activities present mainly within public sector institutions.

According to Davids, if we all understand the legitimate procedures, the illegal ones will be easier to spot and root out. Contractors present were particularly interested in the differences between public and private procurement issues, particularly explanations which were based on applicable legislation and the Common Law of Contract. Davids’ comprehensive presentation lifted the veil on contract documentation, procurement and tender adjudication procedures, again topics that may not have been fully understood by all in the industry.

A detailed account of the process of tender adjudication highlighted how the different aspects of tenders should be analysed including B-BBEE (Broad-Based Black Economic Empowerment) points claimed, B-BBEE agency registrations, arithmetic checks, comparison of tendered rates, risk analysis, tenderers previous experience, sub-contracting and CIDB (Construction Industry Development Board) grading, amongst others. The audience responses confirmed not only a possible shortfall of knowledge within the contracting industry but highlighted the lack of capacity and technical knowledge present amongst some client bodies. Unfortunately these client bodies are the ones who should be responsible for laying down the law of legal procedures during a procurement process.

Davids added that there is much to be done to promote the understanding of procurement process and stamping out of corruption, notwithstanding the continuous efforts from industry bodies such as CESA, SAICE an SAFCEC. Tertiary institutions with faculties of engineering certainly have a role to play and industry experts are only too pleased to give of their time and experience to advance knowledge and the cause of understanding.