Issue Date: 
Thursday, October 31, 2019

Specific tender conditions and Black Ownership

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

This article is about the fine script in tenders or request for proposals that one tends to overlook when confronted with a tender document and deadlines.

The specific fine script that we want to address is where the Organ of State make use of section 2(1) (f) of the Preferential Procurement Policy Framework Act (PPPFA).  This sections states: “the contract must be awarded to the tenderer who scores the highest points, unless objective criteria in addition to those contemplated in paragraphs (d) and (e) justify the award to another tenderer; and…”.

One specific Organ of State that utilizes this section of the PPPFA is ESKOM.  At Eskom it is especially important to promote and encourage Supplier Development and Localisation.  In a recent tender that was published by ESKOM, it was made clear that the specific tender will not be awarded to the highest point scorer but rather to businesses that fall into the following criteria:

  • Preference will be given to Black Owned companies; or
  • Joint Ventures where the lead firm or company is more than 50% Black Owned.

During the briefing session for this specific tender ESKOM officials made it clear that they will adhere to these conditions.  If you are a Black Owned business, it will be no problem adhering to these conditions but if your business has less than 51% Black Ownership you are going to struggle to be awarded this specific tender.  The thing is: this is not the exception to the rule, but it is the rule!

Remember to check for specific conditions in all tender documents, whether it is for black ownership or anything else.  Be sure not to get caught out by specific conditions.

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.
Terms of Reference to Request for Bids From Service Providers for BID NO OCJ2019/06: Re-Advertisement of the Anti-Virus and Malware Protection Solution for the Office of the Chief Justice 2020-02-07 11:00 OCJ2019/ 06
The RAF hereby invites experienced, suitably qualified service providers to provide Research Services for the RAF for the period of five (5) years 2020-02-21 11:00 RAF/ 2019/ 00027
Sekgosese Magistrate Court: Repairs and Renovations 2020-02-18 11:00 PLK 20/ 02
Appointment of service provider for e-mail continuity, archiving and spam filtering services (unified email management solutions) for a period of five (5) years. 2020-02-14 11:00 HSRC/ 13/ 2019/ 20
iSimangaliso Wetland Park Authority, a schedule 3A public entity invites suitably qualified service providers to bid for construction and rehabilitation of roads situated in the Maphelane section of the iSimangaliso Wetland Park, Kwa-Zulu Natal 2020-02-14 16:00 RFP NUMBER: 15/ 2019
Office Accommodation for the merSETA Western Cape Regional Office – FAC/2020/004 The primary objective of this request for proposal is to invite landlords and agencies to submit proposals to the merSETA to provide leasing of Office Accommodation for Western Cape Regional Office for a period of five (5) years. 2020-02-06 12:00 FAC/ 2020/ 004
The objective of the bid is to appoint External Moderator(s) Nationally to form part of a panel that will provide the verification of Learning Programmes and Workplace Approvals for FoodBev SETA on a rotational basis for a period not exceeding three (3) years from date of appointment. 2020-02-24 11:00 FB SETA (19- 20) T0022
Office Accommodation for the merSETA Gauteng North Regional Office – FAC/2020/002 The primary objective of this request for proposal is to invite landlords and agencies to submit proposals to the merSETA to provide leasing of Office Accommodation for Gauteng North Regional Office for a period of five (5) years. 2020-02-06 12:00 FAC/ 2020/ 002
Office Accommodation for the merSETA Mpumalanga Regional Office – FAC/2020/003 The primary objective of this request for proposal is to invite landlords and agencies to submit proposals to the merSETA to provide leasing of Office Accommodation for Mpumalanga Regional Office for a period of five (5) years 2020-02-06 12:00 FAC/ 2020/ 003
FoodBev SETA would like to invite a suitable service provider to project manage the recruitment and placement of 2017/2018 learners in workplace within the Food and Beverages Manufacturing Sector and/or Government department (National, provincial, local). 2020-02-25 11:00 FB SETA (19- 20) T0023
Office Accommodation for the merSETA Eastern Cape Regional Office – FAC/2020/001 The primary objective of this request for proposal is to invite landlords and agencies to submit proposals to the merSETA to provide leasing of Office Accommodation for Eastern Cape Regional Office for a period of five (5) years. 2020-02-06 12:00 FAC/ 2020/ 001
Appointment of a Well-Established Service Provider for the Provision Of Cafés / Restaurants, Shops, Outdoor Weekend Recreational Activities (Such as a Market) 2020-02-14 11:00 DMSA 014/ 2019
Appointment of a panel of service providers to assist with sighting, drilling, testing & equipping of boreholes in the Ngaka Modiri Molema District Municipality of the North West Province 2020-02-06 11:00 NW- TEN02(011)19/ 20
Appointment of a Well-Established Service Provider for the Provision Of Cafés / Restaurants, Shops, Outdoor Weekend Recreational Activities (Such as a Market) 2020-02-14 11:00 DMSA 014/ 2019
Port Alfred: Department of Agriculture, Forestry & Fisheries: 8 William Cock Street: Repairs & Renovations. 2020-02-18 11:00 PE01/ 2020
Appointment of a panel of service providers to assist with sighting, drilling, testing & equipping of boreholes in Bojanala District Municipality of the North West Province 2020-02-06 11:00 NW- TEN02(013)19/ 20
Department of Agriculture: Paulpietersburg: Construction of new District office 2020-02-21 11:00 ZNTU 01858 W
Replacement of fence at Nkunzana Clinic, Pongola 2020-02-21 11:00 ZNTU 04233 W
Once Off Supply, Delivery and Installation of Office Furniture for the Pietermaritzburg Deeds Registry. 2020-02-17 11:00 DRDLR (CRD- 07) 2019/ 20
Request to purchase laptops at North Coast Region, Ulundi Contract period: 30 days. 2020-02-21 11:00 ZNQ 19/ 20/ 0024/ NCR

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