Issue Date: 
Monday, August 1, 2016

Sub-contractors versus Consortiums and Joint Ventures

As mentioned in our previous article, Pre-Qualification Criteria When Awarding Tenders , the Draft Preferential Procurement Regulations states that 30% of all Government Contracts above R30 million must be sub-contracted to specific categories of SMME's. These SMME's include, but are not limited to, black female owned and black youth owned businesses. As soon as the new Regulations are gazetted there is going to be a need by businesses to do sub-contracting on a large scale.

In order to help with the confusion that arises from whether or not one must form a Joint Venture, Consortium or sub-contractor/contractor relationship when responding to a tender it is always good to understand the definition of these types of business relationships:

  • A sub-contractor/contractor relationship is when a main contractor hires or employs additional businesses or persons outside of his own business to do work or to deliver services as part of a larger project. The important thing to remember is that the main contractor is in charge and must ensure that the project is executed and completed as stipulated in the contract.
  • A consortium is an association of two or more individuals, companies or organisations with the objective of participating in a common activity, such as responding to a tender, or pooling their resources to achieve a common goal. Within the consortium, each participant retains their separate legal status and the consortium's control over each participant is generally limited to activities involving the joint endeavour, particularly the division of profits. A consortium is formed by contract.
  • A Joint Venture can be described as a business enterprise where two or more participants come together to share their expertise in order to win a specific contract for a set period of time. A Joint Venture is a separate entity and is not part of the individual participant's own enterprise. Therefor a Joint Venture must have its own set of rules by which it is managed and this is called a Joint Venture Agreement.

In order to become a sub-contractor you will have to have a running business. Main contractors will only use dependable sub-contractors with a proven track record.

To learn more about this and many other tender conditions please attend one of our How-to-Tender workshops. Details can be found here: www.how2tender.com.

Learn to earn

Title Closing Date Tender No.
Dressings 2018-06-06 11:00 ZNQ: 33/ 2018/ 19
Nappies 2018-06-06 11:00 ZNQ: 84/ 2018/ 19
Supply and delivery of sound equipment. 2018-05-30 11:00 GK11800720
Supply and deliver Instrument washer. 2018-06-04 11:00 H84/ 18/ 19
Supply of and delivery 100% hydrocolloid dressing carboxymethyl cellulose fibrous 2018-06-08 11:00 ZNQ 103 / 18 / 19
Design, supply, installation, commissioning, training and maintenance of the two stage desalination plant, consisting of pre-treatment and a reverse osmosis (RO) process at iThemba Labs, Cape Town. 2018-06-19 11:00 NRF/ iThemba LABS/ 2017 - 18: 08
Suitable Contractors to Provide Labour & Plant for the Intallation of Culverts in Ward 02. Material will be provided by the Municipality 2018-06-05 12:00 RFQ/411
Supply and install UPS unit KVA double conversion. 2018-06-08 11:00 H96/ 18/ 19
Annual servicing of Heat pumps. 2018-06-11 11:00 H100/ 18/ 19
Service Provider to Supply and Install 4x 71cm Tv’s With 2x Satelite (Supply and Install Decoder Dstv) 2018-06-04 12:00 RFQ/409
Supply with electrical material 2018-06-04 11:00 ben06/ 2018- 2019
Annual service of 2 Theatre tables. 2018-06-11 11:00 H95/ 18/ 19
Supply and Delivery of 2x 20m x 8” Suction Hoses and Accessories 2018-05-31 11:00 SCM103/17/18
For the supply of one (1) electro-spinal mobile operating table with accessories and cart for B3, theatres W & X at Tygerberg Hospital 2018-06-22 11:00 TBH 203/ 2018
Once off pressure testing of 5 Compressors. 2018-06-11 11:00 H99/ 18/ 19
Supply of electromagnetic (EM) simulation software 2018-06-18 11:00 NRF SARAO SDDS 002 2018
Appointment of service provider/s to supply furniture, chairs and soft goods to the SHRA 2018-06-15 11:00 SHRA/ RFB/ ADMIN/ 01/ 201819
Once-Off Supply, Delivery and Installation of Office Furniture for the Department of Rural Development and Land Reform: Mpumalanga Deeds Registry. 2018-06-18 11:00 DRDLR (CRD- 07) 2018/ 19
Kuruman Statistics South Africa: Alternative office accommodation: 461.36m² and 15 parking bays for a period of 5 years 2018-06-15 11:00 LS01/ 2018
Annual service of 2 Vacuum pumps and 1 receiver. 2018-06-11 11:00 H97/ 18/ 19

Pages

Tender adjudication process

The SBD/WCBD6.1 document must form part of all bids invited.  It contains general information and serves as a claim form for preference points for Broad -Based Black Economic Empowerment (B -BBEE) Status Level of Contribution, and explains how tenders or bids are decided.

The document says:

  • The bidder obtaining the highest number of points will be awarded the contract.
  • Preference points shall be calculated after prices have been brought to a comparative basis.
  • Points scored will be rounded off to two decimal places... Read More
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