Issue Date: 
Tuesday, July 31, 2018

3 Sub-contracting rules to be aware of when responding to tenders

There seems to be a lot of confusion amongst entrepreneurs when it comes to tenders and sub-contracting, due in large part to The Preferential Procurement Regulations, 2017 that has been implemented on the 1st of April 2017. Many entrepreneurs ask us whether they should sub-contract or not, in responding to a tender and how and where do they get onto the sub-contracting lists.

There are 3 sub-contracting rules in the Preferential Procurement Regulations 2017 that Organs of State can/must apply when issuing tenders to the general public.

The first Regulation is Regulation 4 which state inter alia: if an Organ of State decides to apply pre-qualification criteria to advance certain designated groups that Organ of State must ADVERTISE the tender with a specific tendering condition that certain bidders can or may respond.

The second Regulation is Regulation 9 which state inter alia: if it is feasible to sub-contract for a contract above R30 million, an Organ of State must apply sub-contracting to advance designated groups.

The designate groups mentioned in both Regulation 4 and 9 are Black Owned Enterprises with 51% or more black ownership and any of female Black owned, youth black owned, black people with disabilities owned or black military veterans owned enterprises.

The third sub-contracting rule has to do with sub-contracting after the award of the tender. Regulation 12 states inter alia: (3) a person awarded a contract may not subcontract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level of contributor than the person concerned, unless the contract is subcontracted to an EME that has the capability and ability to execute the subcontract.

The tender document will dictate how you should or should not sub-contract. Read the tender document carefully; follow the instructions precisely and to the point. Organs of State are applying these Regulations rigorously and failing to comply will lead to your tender response being disqualified.

Tender trends and Regulations are changing frequently. To keep up to date with these changes we recommend attending one of our How-to-Tender workshops that are presented across South Africa. Tender Workshop dates are published on our website at www.how2tender.com or for more information on the How-to-Tender workshops please email us at werner@how2tender.com

This article was written by Werner van Rooyen, Director of HowToTender which specializes in tender consulting and tender training.

Title Closing Date Tender No.
The provision of clinker removal and rope access at Camden Power Station for a period of 36 months 2019-07-29 10:00 MPGXC005631
Panel: Client Decor Services 2019-07-08 12:00 CTICC 038/2019 PANEL: CLIENT DÉCOR
Provision of collecting, stripping and assessment of medium voltage motors including on site white meta bearing repairs of selected Medium Voltage Motors at Arnot Power Station 2019-07-25 10:00 MPGXC 005619
Germiston Station Minor Building Works Upgrade 2019-07-08 11:00 RFQ 02-1911150/06/2019
The province of KwaZulu-Natal, Department of Transport, invites tenders of Vukuzakhe Contractors for the Betterment and Regravelling of L2602 Contract 1 in the Ulundi Municipality within the Zululand District. 2019-08-13 11:00 ZNT373/ C266/ 2111/ S/ 1/ 2018T
Renovational Services for the National Health Laboratory Service (NHLS) at Pietersburg Hospital Lab, Polokwane 2019-07-18 11:00 RFB021- 19- 20
Renovation Services for the National Health Laboratory Service (NHLS) at Bongani Provincial Hospital, Welkom 2019-07-17 11:00 RFB0018- 19- 20
General maintenance including roof replacement; 25 Voortrekker Road; Murraysburg. 2019-07-24 11:00 G003/ 19
Water and sanitation programme phase 3A at Zamangothando Secondary School, Khawuleza PS, Sishongani PS and Induduzo PS, Ulundi 2019-07-26 11:00 ZNTU 02480 W
Water and sanitation programme phase 3A at Maphovela High School, Ulundi 2019-07-26 11:00 ZNTU 03956 W
Phase 14 Storm Damage: Repairs and Renovations to Storm Damaged Schools Throughout The Province of KwaZulu Natal 2019-07-22 11:00 VARIOUS
The Construction of the Apli Cold Storage Facility, Depot and Packhouse 2019-07-15 12:00 CDC/ 327/ 19
NDPW:Rehabilitation and Construction of the New Office block at 85 Anderson Street,Johannesburg (Heritage) 2019-08-06 11:00 JHB.19/ 20
TKZN intends to appoint a marketing services agency to provide integrated marketing services aligned to the TKZN’S 2014-2020 strategy and annual performance plan for the period of twelve months 2019-07-19 12:00 TKZN NO: 03/ 2019
TKZN intends to appoint a suitable service provider to provide Public Relations and Communications support to the organization for the period of twelve months. 2019-07-19 12:00 TKZN NO: 01/ 2019
TKZN intends to appoint a suitable service provider to supply, install, develop, configure and maintain the SAP Business one application system including Microsoft SQL server database 2019-07-19 12:00 TKZN NO: 04/ 2019
CapeNature seeks the expertise of a suitable service provider for the supply, delivery and installation of Atmospheric Water Generators with a solar solution at the Anysberg Nature Reserve, CIDB and Local content conditions apply 2019-07-26 11:00 WCNCB 01/ 06/ 2019
Appointment of a service provider to manage Media Relations and Communication services on behalf of the Broad-Based Black Economic Empowerment Commission (‘the B-BBEE Commission’) for a period of 2 years. 2019-07-12 11:00 dti 06/ 19- 20
Appointment of a service provider to supply, install, configure and maintain a Telephone Management and Switchboard System for the Office of the Valuer-General on a lease basis for a period of 36 Months 2019-07-12 11:00 OVG (03) 2019/ 20
TKZN intends to appoint a Social Media Management Agency to provide social media services for a period of twelve months 2019-07-19 12:00 TKZN NO: 02/ 2019

Pages

2 items that determine tender pricing

Article by Werner van Rooyen

www.howtotender.co.za

31 January 2019

Many bidders that respond to tenders struggle when it comes to calculating a price for a specific tender. One of the reasons for this is that a large number of Small Business Owners are usually new to the tender process and therefore they lack the necessary experience to price their bids correctly.

Without getting into the fundamentals of accounting there are two basic items that determine your... Read More

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