Issue Date: 
Thursday, October 31, 2019

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

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 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 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 tenderRegulation 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 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.
Request for Proposal for appointment of service provider to source bulk media buying (space and airtime) for promotion and marketing of the Free State as a Destination. 2021-02-04 11:00 FSGLTA:01/2020/2021
Supply & delivery of protective clothing for public works staff 2021-01-21 12:00 PWBS-Q035/20/21
Supply and delivery of roads materials, equipment and tools 2021-02-02 12:00 T10/2020-2021
Supply and delivery of water and sewer materials, equipment and tools 2021-02-02 12:00 T11/2020-2021
Supply and delivery of electrical materials, equipment and tools 2021-02-02 12:00 T12/2020-2021
Training of 15 municipal employees 2021-02-02 12:00 T13/2020-2021
The replacement of the 120m MET tower cat ladders and landings 2021-01-28 10:00 KBG2013
Zoom Meetings Biz Host 1 year prepay 2021-01-18 11:00 RFQ20/21/104
Asset disposal: Subsea equipment in Port of Cape Town 2021-01-27 12:00 AD0058
Request for quotation: for the supply and delivery of food supplies for UNHCR’s Osire Refugee Settlement in Namibia 2021-01-20 23:45 RSA-2021-001
Supply and delivery of construction material 2021-01-20 12:00 SCM26/11/2020
Supply, delivery, install and service air conditioners 2021-01-20 12:00 SCM27/11/2020
Supply and delivery of the renewal of software licenses 2021-01-29 14:00 27/2021
Sale of vacant business zone I Erf: Erven 232 and 233: Merweville 2021-02-05 14:00 02/2021
Upgrading and Refurbishment of Electrical Networks (132/22/11/0.4KV) for the greater Beaufort West Municipality for the period ending June 2023. 2021-02-19 14:00 SCM 21/2021
Supply of licences for handhelds and meter reading software (re-advertisement) 2021-01-20 12:00 08/2/18/50
Supply and delivery of 3 layer fabric face masks 2021-01-27 12:00 BID 08/2/18/57
Notification of personal protective equipment (PPE) tender 2021-01-29 17:00 PH05012021- Notification of Panel PPE
Sale of scrap transformer oil at Phillipi SS - Western Cape 2021-01-19 10:00 OLT1238511
Provision of Estate Management Services 2021-01-28 12:00 NLM/EMS/2020/2021

Pages

Who is the bidder or his or her representative?

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

In Organ of State tenders, the Standard Bidding Document 4 – Declaration of Inters – ask in paragraph 2.1 the following: “Full name of bidder or his or her representative... Read More

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