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16.2.23.5 Where different selections of items are required from <strong>the</strong> same bid and it is not possible
or practical <strong>to</strong> split <strong>the</strong> orders, <strong>the</strong>n <strong>the</strong> adjudication process will have <strong>to</strong> be carried out
in respect of each application. Individual orders will <strong>the</strong>n be placed (or contracts
awarded) on <strong>the</strong> basis of <strong>the</strong> highest <strong>to</strong>tal adjudication points received per application.
16.2.23.6 Where <strong>the</strong> selected service provider in terms of <strong>the</strong> adjudication process followed, is
unable <strong>to</strong> provide <strong>the</strong> required goods, services or construction works at <strong>the</strong> required
time and confirms as much in writing, <strong>the</strong>n <strong>the</strong> bidder with <strong>the</strong> next highest adjudication
points may be selected.
16.3 Deviation from and ratification of minor breaches of procurement processes
16.3.1 The Municipal Manager may:
(a) Dispense with <strong>the</strong> official procurement processes established by <strong>the</strong> SCM Policy
and procure required goods or services through any convenient process, which may
include direct negotiations, but only :
(i)
(ii)
in an emergency;
if such goods or services are produced or available from a single provider
only;
(iii) for <strong>the</strong> acquisition of special works of art or his<strong>to</strong>rical objects where
specifications are difficult <strong>to</strong> compile;
(iv)
(v)
Acquisition, sale and exchange of zoological goods and services as
contemplated in sub-paragraph 16.6; or
in any o<strong>the</strong>r exceptional case where it is impractical or impossible <strong>to</strong> follow
<strong>the</strong> official procurement processes.
(b) Ratify any minor breaches of <strong>the</strong> procurement processes by an employee or
committee acting in terms of delegated powers or duties which are purely of a
technical nature.
16.3.2 A Head of Department seeking <strong>the</strong> approval of <strong>the</strong> Municipal Manager in terms of subparagraph
16.3 for <strong>the</strong> deviation or ratification shall submit a written report <strong>to</strong> <strong>the</strong> Chief
Financial Officer for recommendations prior <strong>to</strong> <strong>the</strong> approval of <strong>the</strong> Municipal Manager
detailing <strong>the</strong> reasons why <strong>the</strong> Municipal Manager should authorize a departure from <strong>the</strong>
prescribed requirements. A report in terms of this sub-paragraph shall contain such
information as <strong>the</strong> Municipal Manager may specify.
16.3.3 The Municipal Manager must record <strong>the</strong> reasons for any deviations in terms of subparagraphs
16.3.1(a) and (b) above and report <strong>the</strong> quarterly findings <strong>to</strong> <strong>the</strong> next meeting
of <strong>the</strong> Council and include it as a note <strong>to</strong> <strong>the</strong> annual financial statements.
16.3.4 Subparagraph 16.2.21.2 does not apply <strong>to</strong> <strong>the</strong> procurement of goods and services from
an organ of state.
16.3.5 Nobody may, in order <strong>to</strong> avoid compliance with any prescript in this paragraph 16.2.21,
split <strong>the</strong> procurement of any goods, services or <strong>the</strong> execution of work in<strong>to</strong> lesser items
or parts or enter in<strong>to</strong> more than one contract. When determining transaction values, a
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