The 7th of December, 2011. And I quote
Repeal of Regulations
15. The Preferential Procurement Regulations, 2001, as published in Government Gazette No R. 725 of 10 August2001, are hereby repealed as from 07 December 2011.
Short title and commencement
16. These Regulations are called the Preferential Procurement Regulations, 2011 and shall come into effect on 07 December 2011.
What these two sections of the PPPFA regulations state is that all bids issued before 7 December 2011 are subject to the old (currently existing) regulations. Even if the bid is due after the 7th it still has to be subject to the old regulations.
I wonder who advised the Department of Infrastructure Development: Gauteng who issued a tender on the 11th of November this year for the Supply, delivery, installation, commissioning and testing of two(2) new vacuum pumps. You can't really blame their eagerness to get stuck into the new regulations but they are clearly stating on the notice that preference points are to allocated based on BEE score – something that the new regulations are quite keen on.
Alas – we'll have another cancelled tender, or alternatively if your company doesn't win you can apply for the award to be set aside and the tender to be re-issued according to the correct regulations.
Hell – if only they'd come on my course.