New Procurement Regulations 2026: What They Mean for SMME Tenders

What is changing

The Public Procurement Act 28 of 2024 replaces the old preferential procurement framework. On 19 April 2026, National Treasury published the draft General Public Procurement Regulations, 2026 and draft Public Procurement Tribunal Regulations, 2026 for public comment in Government Gazettes 54528 and 54527.

The draft rules set out how set-asides, pre-qualification and preference points will work across an estimated R2.4 trillion in annual public procurement spend.

Set-asides and subcontracting

Reporting on the draft indicates contracts up to R100 million may be reserved or restricted in favour of designated groups, and that bidders may need to demonstrate a substantial share of previous procurement spend — reported at around 40% — with black-owned or designated enterprises.

For an SMME, the practical effect is twofold: more reserved opportunities to bid on directly, and more demand from larger primes looking for compliant subcontractors and joint-venture partners.

The compliance file to build now

CIPC registration, an active Central Supplier Database (CSD) registration, a valid tax compliance status PIN, a current B-BBEE certificate or sworn affidavit for EMEs, proof of ownership, and any professional or sector registrations the scope requires.

Keep certified copies and expiry dates in one folder. Most disqualifications are administrative, not technical.

Position for subcontracting and JVs

Write a one-page capability statement: what you deliver, where you operate, your largest completed contracts with values, your compliance status and your capacity. Send it to primes in your sector before their bids close, not after.

Joint ventures need a written agreement covering scope split, liability and payment terms before submission — evaluation committees will ask for it.

Watch the commencement dates

The draft regulations went out for public comment and the Act's provisions come into force on dates determined by the President, so requirements will phase in rather than switch on at once. Read every tender document on its own terms and check the issuing entity's stated framework.