URBAN COUNCILS ACT Chapter 29:15 professional and technically qualified persons to assist the procurement boards in the proper discharge of their functions. 211 Tenders (1) In this section— “municipal procurement board” means a municipal procurement board appointed by a municipal council in terms of section two hundred and ten. (2) Subject to subsections (8) and (9), before entering into a contract for the execution of any work for the council or the supply of any goods or materials to the council which involves payment by the council of an amount exceeding such sum or sums as may be prescribed, the council or, in the case of a municipal council, the municipal procurement board shall call for tenders, by notice posted at the office of the council and advertised in two issues of a newspaper, specifying— (a) the nature of the proposed contract, giving such particulars thereof as the council or the municipal procurement board, as the case may be, considers to be desirable; and (b) the closing time and date for the receipt of tenders therefor, which shall be not less than twenty-eight days after the date of the first publication of the notice in the newspaper: Provided that, if in any case the council or the municipal procurement board, as the case may be, considers the execution of the work or the supply of the goods or materials to be urgent, the period of such notice may be reduced to not less than fourteen days. (3) In prescribing amounts for the purposes of subsection (2), the Minister may prescribe different amounts for different classes of council. (4) Tenders received in terms of subsection (2) shall be opened in public on the closing date fixed therefor forthwith after the closing time. (5) In the case of a municipal council, the municipal procurement board shall without delay consider all tenders opened in terms of subsection (4) and submit them, together with the board’s recommendations, to the council for its consideration. (6) The council shall accept wholly or partly the tender which in all the circumstances appears to it to be the most advantageous: Provided that— (i) nothing contained in this subsection shall prevent the council from rejecting all tenders; (ii) the tender of any person who canvasses or solicits or causes to be canvassed or solicited the support of the mayor, any councillor or employee of the council or any number of municipal procurement board in support of his tender shall not be considered; (iii) any tender which is received after the time when the tenders are opened in public in terms of subsection (4) shall not be considered. (7) If any tender, other than the lowest tender, is accepted the council shall cause the reasons for its decisions to be recorded in the minutes of its proceedings. (8) The council or, in the case of a municipal council, the municipal procurement board shall advise every tenderer in writing whether or not his tender has been accepted. (9) Notwithstanding this section, the council may, in accordance with a scheme approved by the Minister and subject to any regulations, compile a register of building and engineering contractors graded into categories according to the type and value of work for which they may be permitted to tender and may thereafter, in accordance with such scheme and any regulations, call for tenders for work from the contractors registered in any appropriate category, whether the contractors are registered for work of the value of that tendered for or work of a higher value. (10) Subsection (2) shall not apply to— (a) any case or class of case in which the council by resolution sets forth the circumstances and declares that it would be against the best interests of the municipality or town to invite tenders: 77