49. For supply contracts and despite section 18, the Public Protector may decide to evaluate the quality of a tender; in such a case, it must request a price and a quality demonstration based on predetermined evaluation criteria.
The Public Protector must specify in the tender documents the rules to be used to evaluate the quality of tenders, including the evaluation criteria selected and, for the purposes of Schedule 2, their respective weighting.
The price and the quality demonstration must be presented separately so that the first paragraph of section 56 may apply. In addition to the cases referred to in section 13, the compliance requirements must state that failure to comply with the requirement will entail automatic rejection of a tender.