The Government gives preference to Lesotho nationals-owned businesses over foreign investors in public procurement, including foreign-owned investors incorporated in Lesotho whilst still abiding by Lesotho's commitments under its trade agreements. However, foreign companies are allowed to go into Joint Venture with Lesotho nationals-owned businesses.
"Interpretation
2. In these regulations, unless the context otherwise requires,
"a foreign body" means a juristic person not registered in Lesotho, and in the case of a natural person, an individual who is not a Lesotho citizen;  [...]
"Basotho  business"  means  a  business  where  the  majority  of  directors  are  Lesotho nationals, and the majority of shares or ownership is held by Lesotho nationals;
"Tender" means a proposal of an interested person or entity to supply goods, works or services, prepared in accordance with the terms and conditions set out by the Unit;
[...]
Foreign tenderers
11. A foreign body or entity is entitled to participate in the tender process.
Granting of a margin
12. (1) The Unit shall grant a 15 percent margin of preference in evaluating tender shareholding proposals to a Basotho business who can demonstrate a majority of 51 percent and above;
(2) The Unit shall grant a 10 percent margin of preference to the following bodies in evaluating tender proposals: (a) a business that can demonstrate a shareholding of between 30 percent and 50 percent by Lesotho nationals; (b) a tenderer tendering to supply goods of Lesotho origin;(c) a tenderer proposing to perform at least 50 percent of the contract in Lesotho by setting up the necessary business and by using and developing the capacity of Basotho staff in the process; (d) a tenderer proposing to sub-contract at least 50 percent of the contract to one or more Basotho businesses; (e) a tenderer who has the largest use of locally produced goods, materials and services; or (f) a tenderer who employs the largest share of local labour.
(3) The Unit shall grant a 5 percent margin of preference in evaluating tender proposals to a business who can demonstrate a shareholding of between 10 percent and 30 percent by Lesotho nationals [...]" (Public Procurement Regulations 2007 (Legal Notice No 1 of 2007))








Public Procurement Regulations 2007 (Legal Notice No 1 of 2007)
[<a href="https://lesotholii.org/legislation/sl/1-0">Reg</a>]