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 Proposals: Production of Functional Requirements and Development of a Minimum Viable Product for the PSET CLOUD. 2021-05-16 17:00 No reference number
RFQ for Quotations (RFQ) to appoint a service provider/supplier to review the Corporate Governance Framework of SACNASP and to develop a Delegation Framework and to align SACNASP’s Corporate Governance with Enterprise Risk Management. 2021-04-21 11:00 No reference number
The provision of internal audit services for the KZN Growth Fund Trust for the period of thirty-six (36) months. 2021-05-04 12:00 KGFT - RFP 2021/02
Consultancy services to establish the Africa CDC Regional Integrated Surveillance and Laboratory Network (RISLNET) in Southern Africa 2021-05-04 15:00 ET-AUC-225259-CS-QCBS
Appointment of a service provider for provision of short-term insurance for three (3) years for council for medical schemes 2021-05-10 11:00 CMS022021/22
Appointment of a service provider for provision of human resource service (job evaluation and salary benchmarking) for three (3) months 2021-05-10 11:00 CMS01/2021/22
Appointment of a travel management company (TMC) for three (3) years for the Council for Medical Schemes (CMS) 2021-05-10 11:00 CMS03/2021/22
Supply, installation and management of a prepayment electricity vending system 2021-05-14 12:00 SCM/20218/204/FIN
Supply and Delivery of Personal Protective Clothing for a period of 3 years. 2021-05-14 14:00 SCM 13/2021
ICT Support Services and Licensing for a period of 3 years. 2021-05-14 12:00 SCM9/2020/21
Appointment of electrical contractor for supply, delivery and installation of high mast lighting for a three -year period as and when required in the eastern region 2021-05-20 11:00 BID NO: 292/2021
Appointment of electrical contractors for supply, delivery and installation of high mast lighting for a three -year period as and when required in the southern region 2021-05-20 11:00 Bid No: 293/2021
Three year contract for road resealing & repairs for the City of Mbombela 2021-05-21 11:00 BID NO: 243/2020
Enlistment of training providers in the panel of accredited training service providers for the implementation of training projects funded by the department through the environmental protection and infrastructure programme (epip) on “as and when required basis” over a period of three (3) years. 2021-04-30 11:00 DFFE -T001 (21/22)
Supply and delivery of cast iron saddles 2021-04-19 12:00 RFQ319/2020/21
Supply and fit broken flywheel housing and repair engine block on Nissan UD70 Truck. 2021-04-19 12:00 RFQ317/20/2021
Supply and delivery of tared Pinus Radiata wooden poles 2021-04-19 12:00 RFQ321/2020/21
Supply and fit Tata LPT 1518TC truck reconditioned engine with a warranty 2021-04-19 12:00 RFQ322/20/2021
Pool of consultants for financial services provider to be appointed in the Greater Giyani Municipality for the period of three (3) years 2021-04-28 12:00 G/G/M/6105/001/2021
Supply and delivery of structural fire fighting helmets and spare structural fire fighting helmet face shields (visor) and fire fighting goggles 2021-04-19 12:00 RFQ323/2020/21

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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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