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.
Provision of cleaning, hygiene and pest control services at GPAA offices 2020-06-22 11:00 GPAA 10/ 2020
Appointment of a security company to provide security services, Alarm installation with armed response in Bredasdorp, Anene Booysen Skills Development Centre 2020-06-19 11:00 002- 2020/ 2021
Appointment of a security company to provide security services, Alarm installation with armed response in Bethal, Gert Sibande Skills Development Centre 2020-06-19 11:00 004- 2020/ 2021
Appointment of a security company to provide security services, Alarm installation with armed response in Muden, Zibambeleni Skills Development Centre 2020-06-19 11:00 003- 2020/ 2021
Appointment of a panel of service providers for the procurement of the 32 inch IDTV for 2020 indegent matriculants 2020-06-19 11:00 USAF- IDTV/ 01/ 2020
Dube TradePort Corporation hereby invites proposals from Trend Micro accredited partners to provide Trend Micro Enterprise Protection Platform (EPP) for DTPC for a three (3) year period. 2020-06-23 11:00 DTP/ RFP/ 13/ CEO/ 09/ 2019
Supply, delivery, and installation, inclusive of setup of production scanners: 3 year period contract, various head offices 2020-06-17 11:00 ZNB 5336/ 2020- H
Provision of Security Services in the Departmental Offices and Institutions for a period of 36 months at CLUSTER 5 (King Cetshwayo District Offices) 2020-06-18 11:00 DARD05/ 20
Provision of Security Services in the Departmental Offices and Institutions for a period of 36 months at CLUSTER 4 (UMkhanyakude District offices) 2020-06-18 11:00 DARD04/ 20
Provision of Security Services in the Departmental Offices for a period of 36 months at CLUSTER 3 (ILembe District, UGu and UThukela District offices) 2020-06-18 11:00 DARD03/ 20
Provision of Security Services in the Departmental Offices for a period of 36 months at CLUSTER 2 (Zululand and Harry Gwala District Offices) 2020-06-18 11:00 DARD02/ 20
Provision of security services in the Departmental Offices, Institution and Residence for the period of 36 months at CLUSTER 1 (MEC Residence, UMgungundlovu District, Truro house, EThekwini District, Amajuba District and UMzinyathi District) 2020-06-18 11:00 DARD01/ 20A
Supply, deliver, offload, install and servicing of ablution and hygiene services for departmental offices, research stations and institutions for the period of three years 2020-06-19 11:00 DARD08/ 20A
Appointment of a service provider to rehabilitate the pumps at Makhathini Irrigation Scheme 2020-06-19 11:00 DARD07/ 20A
Supply, deliver and offloading of veterinary remedies at Department of Agriculture: Uthukela District Office. 2020-06-19 11:00 DARD06/ 20A
Printing, supply and delivery of promotional material for the South African Police Service: Division: Corporate Communication and Liaison on a once off basis 2020-06-30 11:00 19/ 1/ 9/ 1/ 65TS(19)
Supply and delivery of consumables used in the forensic science laboratories to the SAPS for a period of two (2) years 2020-06-18 11:00 19/ 1/ 9/ 1/ 69TD (19)
Implementation of Biogas and required associated training for DOD 2020-06-19 11:00 128
Supply, delivery, installation, commissioning, end-user training, of 21 x ICU beds: Dr Pixley Ka Seme Memorial Hospital: once-off 2020-06-17 11:00 ZNB 9768/ 2019- H
Request for proposal: Establishment of a frame agreement for provision of cafeteria and catering services at UNHCR RBSA Pretoria office 2020-07-02 16:00 RFP/020/HCR/RBSA/SUP/014.

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