Section 23: Departmental execution
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
23. Departmental execution
In the case of works which are carried out with Government resources,
procurement may be effected by the public body itself where one or more of
the following conditions are present, namely where—
(a) an activity is not likely to attract bidders, at least not at a reasonable price, in view of its size, nature, location or scattered location
or financing or high mobilisation costs for outside suppliers;
(b) an activity is such that, if carried out by a contractor, it would
impose an unacceptable risk on the contractor because the cost
cannot be determined in advance;
(c) the risk of unavoidable work interruptions is better borne by the
public body than by a contractor;
(d) it has been demonstrated that departmental execution is the only
practical method for construction, maintenance and conservation
works under special circumstances;
(e) an activity for a pilot project of a particular nature for the development of a technology work method cannot be carried out by a
contractor;
(f) works have to be carried out without disrupting existing operations by the public body's staff because they are familiar with
those operations; or
(g) there is an emergency such as a natural disaster which calls for
immediate action.