Decoding "Specific Goals": An Analysis Of The New Preferential Procurement Regulations, 2022

The South African Government's new Preferential Procurement Regulations, 2022 ("2022 Regulations") have created uncertainty about how organs of state will identify "specific goals" in their procurement processes. While the regulations do not specifically require the consideration of B-BBEE, organs of state can still use it as a factor in preference point scoring, along with or instead of other goals like employment equity, green procurement, and local content and production. The regulations give organs of state more flexibility in their procurement policies but they must ensure that their allocation of preference points is fair, equitable, and transparent.

In a previous article, we discussed the exclusion of specific reference to the broad-based black economic empowerment ("B-BBEE") contributor status level of tenderers, in the 2022 Regulations. We explained how this does not prevent organs of state from applying B-BBEE as a key consideration in their preference