Procurement Law governs how the state and its organs (including departments, municipalities, and public entities) acquire goods and services. This area is critically regulated by Section 217 of the Constitution, the Public Finance Management Act (PFMA), the Municipal Finance Management Act (MFMA), and the Preferential Procurement Policy Framework Act (PPPFA). Compliance is mandatory and requires absolute adherence to strict procedures governing fairness, transparency, competitiveness, and cost-effectiveness.

Our firm provides comprehensive legal support to both public sector entities managing tenders and private sector bidders seeking to secure government contracts. We advise on the entire supply chain management (SCM) lifecycle, from drafting compliant tender specifications to managing the bid evaluation process, challenging tender awards, and defending public entities in judicial review proceedings.

Key areas of our Procurement Law expertise include:

• 🔹 Tender Drafting and Evaluation: Advising public entities on drafting clear, compliant tender documents and guiding the evaluation committee through the mandatory legal requirements of the SCM policy.
• 🔹 Bid Challenge and Review: Representing unsuccessful bidders in launching judicial review applications to set aside unlawful tender awards or seeking urgent interdicts to stop implementation.
• 🔹 PPPFA Compliance and Policy: Advising on the development and application of preferential procurement policies, scoring methodologies, and addressing local content requirements.
• 🔹 Contract Implementation Disputes: Handling disputes arising during the execution of the contract, including performance management, termination, and consequential damages.
• 🔹 Irregular Expenditure Advice: Advising public officials on steps to prevent, identify, and report findings of irregular expenditure stemming from SCM non-compliance.