(1) The Minister, by notice in the Gazette—
(a) must make regulations regarding—
(i) any matter required by this Act to be prescribed;
(ii) competency requirements for officials involved in procurement;
(iii) the requirements for security vetting of—
(aa) members of the Tribunal; and
(bb) a bidder before the award of a bid;
(iv) the use of information and communications technology in procurement;
(v) procedures for bid specification, invitation, submission, opening, evaluation, adjudication and awarding of bids and cancellation of procurement processes;
(vi) procurement funded partially or in full by donor or grant funding;
(vii) measures for the participation of a manufacturer of goods in a bid to supply the goods it manufactures;
(viii) circumstances and procedures for pre-qualification of bidders;
(ix) the completion of the procurement process during the bid validity period and the extension of the period to prevent undue delays or unjustified cancellations;
(x) transversal term contracts and public private partnerships;
(xi) emergency procurement, which may include—
(aa) the different types of emergency procurement that may be used and the circumstances under which the different types may be used;
(bb) an outline of the planning efforts of the procuring institution to limit the need for emergency procurement and to improve responsiveness during an emergency;
(cc) the pre-requisites for awarding bids and administering contracts during emergencies;
(dd) options available to the procuring institution during an emergency and the preferred methods of procurement; and
(ee) procedures to be followed in respect of emergency procurement processes, including the recording of deliberations and the making of recommendations and awards;
(xii) percentages for contract variations or amendments;
(xiii) complaints by a member of the public regarding procurement in terms of this Act; and
(xiv) fees for a review by the Tribunal;
(b) may make regulations—
(i) permitted by this Act to be prescribed;
(ii) regarding negotiations with a preferred bidder or bidders before the award of the bid;
(iii) regarding requirements for bidders to comply with specified legislation;
(iv) regarding lifestyle audits of persons automatically excluded in terms of section 13 and their immediate family members and related persons, if an immediate family member or a related person is awarded a bid or bids above a threshold stipulated in the regulations;
(v) regarding the retention of procurement data;
(vi) regarding contracting methods for any category of procurement; and
(vii) regarding any procedural or administrative matters that are necessary to implement this Act.
(2) The Minister must, before complying with subsection (3), consult—
(a) the relevant Minister on a draft regulation affecting the portfolio of that Minister; and
(b) organised local government on a draft regulation affecting municipalities or municipal entities.
(3) Before making a regulation, the Minister must publish—
(a) a draft of the regulation;
(b) a statement explaining the need for and the intended operation of the regulation;
(c) a statement of the expected impact of the regulation; and
(d) a notice inviting submissions in relation to the regulation and stating where, how and by when submissions are to be made.
(4) The Minister must submit regulations to be made to Parliament for parliamentary scrutiny at least 30 days before their promulgation.
(5) A regulation takes effect—
(a) on the date that it is published in the Gazette; or
(b) if the regulation provides that it takes effect on a later date, on the later date.
(6)(a) With each regulation, the Minister must publish a consultation report.
(b) A consultation report must include—
(i) a general account of the issues raised in the submissions made during the consultation; and
(ii) a response to the issues raised in the submissions.
(7) The Minister—
(a) may make different regulations for—
(i) different categories of procuring institutions; and
(ii) different categories of procurement; and
(b) must make regulations regarding the procurement of—
(i) infrastructure and capital assets; and
(ii) goods or services related to infrastructure and capital assets.