Issue Date: 
Thursday, October 31, 2019

Is it compulsory to sub-contract part of the tender?

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

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 which came into effect on 1 April 2017.  Many entrepreneurs ask us whether they should sub-contract or not, when responding to a tender.

Regulation 9 of The Preferential Procurement Regulations 2017, stipulates the following:

  1. 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.
  2.  The Organ of State must advertise this specific tender condition that the successful bidder must sub-contract at a minimum of 30% (of the value of the contract) to (one or more) to an EME or QSE which is at least 51% owned by:
    1. black people;
    2. black people who are youth;
    3. black people who are women;
    4. black people with disabilities;
    5. black people living in rural or under develop areas or townships;
    6. black people who are military veterans;
    7. A cooperative which is at least 51% owned by black people;
  3. In paragraph 3 of Regulation 9 it also states that the Organ of State must make available the list of all suppliers registered on a database approved by the National Treasury to provide the required goods or services in respect of the applicable designated groups mentioned above from which the bidder must select a supplier.

Regulation 9 is very clear because its states “the tenderer MUST sub-contract…” Thus, according to the Regulations all contracts with a value of R30 million and above will have to comply with this Regulation.  Read the tender document carefully because somewhere in the tender document it will stipulate whether the bidder will have to sub-contract.  Follow those rules.  If the tender document does not contain any sub-contracting instructions, then it is not necessary to sub-contract.

The fact is that the tender document will dictate what you should or should not do.  Read the tender document carefully, follow the instructions precisely and to the point.

To learn more about this and many other tender conditions attend our “Become a Tender Expert” 2-Day workshops presented in Johannesburg, Pretoria, Durban, Port Elizabeth, and Cape Town.  Book and pay online at https://howtotender.co.za/tender-expert-form/

Contact us at wernervr@howtotender.co.za should you require more information.

You can also purchase a Tender Manual (Handbook) on our website https://howtotender.co.za/ which is a step by step guide how to respond to a South African Tender.  It includes examples of completed SBD forms.

Title Closing Date Tender No.
Department of Co-Operative Governance and Traditional Affairs: Umzinyathi District: Nquthu: Community Service Centre Infrastructure Rehabilitation Programme: Alterations and Refurbishment for Molefe Tac 2020-10-20 11:00 ZNTL 04222 W
Provision of Maintenance and Support for Cisco Prime Infrastructure for a period of two (2) years. 2020-10-09 11:00 RFB 2250- 2020
Construction of Mandlazi Primary School Early Childhood Development Centre In Harry Gwala District, KZN. 2020-10-12 12:00 CDC/ 462/ 20- T
Supply and install a Unified Communication solution including Project Management Services during the installation, end devices, formal training, and 3rd Level Support and Maintenance (Software and hardware assurance) for 5 years for the Department of Telecommunications and Postal Services (DTPS). 2020-10-09 11:00 RFB 2266/ 2020
Construction of Savela Primary School Early Childhood Development Centre In Harry Gwala District, Umzimkhu, KZN 2020-10-12 12:00 CDC/ 463/ 20- T
Department of Public works: Pretoria: Procurement of 2 -3 bedroomed fully furnished house with the minimum of 2 bathrooms for Cuban Technical Advisors for a period of 18 months in Pretoria East, Faerie Glen, Menlo Park, Waterkloof and Hatfield. 2020-10-12 11:00 H20/ 006PF
Construction of Straalhoek Primary School Early Childhood Development Centre In Harry Gwala District, UMZIMKHU, KZN. 2020-10-12 12:00 CDC/ 464/ 20- T
SAPS-Criminal Records and Crime Scene Management - Procurement of alternative office accommodation of 1 123.25 square meter and 20 parking bays for a period of 5 years in Pretoria North (CBD). 2020-10-12 11:00 H20/ 004PF
DCS: Sevontein Prison: 36 Months Term Contract: Preventative and Maintenance of Water Treatment Plant It is estimated that tenderers should have CIDB contractor grading designation of 3ME or 3CE or Higher. 2020-10-27 11:00 DBN20/ 09/ 01
Construction Of Early Chilhood Development Classrooms (ECDC) At Luzindela Primary School In King Cetshwayo District, KZN 2020-10-12 12:00 CDC/ 465/ 20- T
DCS: Mthunzini Prison: 36 Months Term Contract: Preventative and Maintenance of Sewage Treatment Plant It is estimated that tenderers should have CIDB contractor grading designation of 3ME or 3CE or Higher. 2020-10-29 11:00 DBN20/ 09/ 03
DCS: Sevontein Prison: 36 Months Term Contract: Preventative and Maintenance of Sewage Treatment Plant It is estimated that tenderers should have CIDB contractor grading designation of 3ME or 3CE or Higher. 2020-10-28 11:00 DBN20/ 09/ 02
DCS: Qalakabusha Prison: 36 Months Term Contract: Preventative and Maintenance of Sewage Treatment Plant. It is estimated that tenderers should have CIDB contractor grading designation of 3ME or 3CE or Higher. 2020-11-05 11:00 DBN20/ 09/ 06
The South African Civil Aviation Authority (SACAA), in its quest to strengthen its brand presence on social media platforms wishes to contract a solid and effective social media and marketing company to develop a social media management strategy and implementation thereof. 2020-10-09 11:00 Q66433345
DCS: Waterval Prison: 36 Months Term Contract: Preventative and Maintenance of Piggery Sewage Treatment Plant and Bulk Water Supply Pump Station. 2020-11-10 11:00 DBN20/ 09/ 07
DCS: Ncome Prison: 36 Months Term Contract: Preventative and Maintenance of Water Treatment Plant It is estimated that tenderers should have CIDB contractor grading designation of 3ME or 3CE or Higher. 2020-11-03 11:00 DBN20/ 09/ 04
Appointment of a Training Provider For Life Orientation Teachers Workshops Over Three Years 2020-10-05 11:00 BS/ 2019/ RFB428
Appointment of a Service Provider Who Is MICT Seta Accredited to Deliver and Implement an NQF Level 4 Film and Television Production Operations Qualification as a Learnership Programme for 30 KwaZulu-Natal Youth Per Annum for a Period of Three Years Which Will Capacitate Them With The Relevant Film and TV Skills 2020-09-28 11:00 KZNFC- T06A/ 2020/ 21
Establishment of a Government Technical Advisory Centre (GTAC) Panel of Professional Service Providers for a Period of Three (3) Years – Batch 4 2020-10-02 11:00 GTAC 015- 2020- 21
For The Identification of Accredited Training Providers to Facilitate The Design and Delivery of a Training Programme on The Mfma Regulated Minimum Competency Levels For Approximately 100 National and Provincial Treasury Officials on Identified Unit Standards 2020-09-25 11:00 GTAC 014- 2020- 21

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