DISTRICT COUNCILS (TENDER) REGULATIONS
(under section 64)
(28th March, 1969)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Award of certain contracts
3. Manner of entering into certain contracts
4. Exclusion of certain contracts from application of regulation 3
5. Three quotations or tenders to be considered
6. Notice calling for tenders to be published and posted
7. Contents of notice and delivery of tenders
8. Particulars of contract to be supplied
9. Opening of tenders
10. Quotations and tenders to be considered by Council or committee
11. Matters to be taken into account
12. Signature of contracts
13. Tenderers to be informed
14. Minister may approve waiver
S.I. 45, 1969,
S.I. 86, 1974,
S.I. 151, 1983,
S.I. 51, 2006.
These Regulations may be cited as the District Councils (Tender) Regulations*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
The Minister may, in respect of any contract, direct the manner of inviting tenders, the manner of tendering, and the award of the contract.
3. Manner of entering into certain contracts
Subject to regulation 4, if the liability of a Council under any contract for the supply of any goods or materials or the execution of any works or the provision of any services, other than professional services, for or to the Council
(a) is not to exceed P25,000, the contract shall be in writing but the Council shall not be required, before entering into it, to invite any quotations;
(b) is to exceed P25,000 but not to exceed P100,000, the contract shall be in writing and the Council shall not enter into it without inviting quotations; or
(c) is to exceed P100,000, the contract shall be embodied in a formal document approved by the Council and the Council shall not enter into it without inviting tenders.
4. Exclusion of certain contracts from application of regulation 3
So much of regulation 3(a) as relates to the requirement that a contract such as is therein referred to shall be in writing and the whole of regulation 3(b) and (c) shall not apply to any contract for the purchase by a Council of perishable goods bought on a public market or any purchase entered into by a Council as a result of bidding at a public auction.
5. Three quotations or tenders to be considered
Where under the provisions of these Regulations or any other law a Council may not enter into a contract without inviting quotations or tenders, as the case may be, it shall not be competent for the Council to enter into such a contract except after consideration of at least three quotations or at least three tenders, as the case may be, unless for good and sufficient reasons recorded in the Council’s minutes three quotations or three tenders cannot be obtained.
6. Notice calling for tenders to be published and posted
(1) Whenever a Council is required to invite tenders in terms of regulation 3(c), it shall, in addition to any individual invitation it may make, call for tenders by notice published in the Gazette and in a newspaper circulating in Botswana, which notice shall also be posted at the Council’s offices on a notice board prominently open to public inspection.
(2) Such publication and posting shall be effected 28 clear days before tenders are to be considered on behalf of the Council.
7. Contents of notice and delivery of tenders
(1) Any notice published and posted as required in regulation 6, and any individual invitation for tenders, shall call for tenders to be delivered to the District Council Secretary by a specified time and a specified date, not being less than 14 days after the date when the notice is last published or posted, in plain sealed envelopes marked “Tender ………………………………………………………………………. “.
(2) All tenders shall be delivered by the time specified to the District Council Secretary in plain sealed envelopes marked as aforesaid.
8. Particulars of contract to be supplied
A Council shall not enter into any contract to which regulation 3(c) applies unless full and identical particulars have been supplied to every person who not later than three days after the notice calling for tenders was last published or posted applies to the Council therefor; such particulars shall be supplied to the applicants by the Council within seven days after the said notice was last published or posted.
(1) All tenders for any one contract shall be opened at one time in the presence of the Council or a committee thereof duly appointed by the Council, and the District Council Secretary.
(2) Subject to section 20 of the Act, any meeting of the Council, or a committee thereof duly appointed by the Council, at which tenders are opened shall be open to the members of the public.
(3) Not later than seven days before any such meeting is held, written notice thereof shall be posted by the District Council Secretary to every person who has informed the Council in writing of his wish to receive such notice.
10. Quotations and tenders to be considered by Council or committee
(1) Whenever a Council is required to invite quotations or tenders, those which have been received shall be placed before the Council, or a committee thereof duly appointed by the Council, and be considered by it.
(2) For the purpose of considering tenders or quotations the Council, or a committee as aforementioned, shall have power to obtain professional or technical advice.
11. Matters to be taken into account
(1) In considering quotations or tenders a Council shall take into account the contractual reliability of the tenderers or the persons submitting quotations as well as the need to achieve economy, efficiency and the development of Botswana industries.
(2) A council is not obliged to accept the lowest or any tender or quotation, but in any case where the lowest quotation is not accepted the reasons why it is not accepted shall be recorded in the Council’s minutes, and where the lowest tender is not accepted the Council shall report the reasons why it is not accepted to the Minister.
Contracts required by these Regulations to be in writing or to be embodied in a formal document shall be signed on behalf of a Council by the Chairman, or by the Chairman of the committee concerned (if any), and by the District Council Secretary.
As soon as a Council has decided upon the question of acceptance of tenders, it shall forthwith inform the tenderers, whether successful or unsuccessful, of the result.
14. Minister may approve waiver
Notwithstanding any of the provisions of the preceding regulations, the Minister may approve any application made by any Council to waive anything required to be done under those provisions.