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.
Conference facility with catering 2018-02-26 12:00 B651/2017/18
Supply: Gauge for spray Gun;1.3 Spray Gun;1.8 Spray Gun 2018-02-28 12:00 GD11800771
Service Provider to Train 50 Smme’s on the tender Document Processes 2018-03-01 12:00 RFQ / 358
Supply: Hardware items 2018-02-28 12:00 GG11800716
Appointment of a service provider to assist with the recruitment and selection process of Section 56 Managers 2018-02-27 12:00 RFQ 293/2017/18
Supply padlock; brass 2018-02-22 11:30 GG11800711
Accredited Firefighter 1 Training (Firefighter 1 course and Hazmat Awareness) 2018-02-27 11:00 296/2017/18
Supply ceramic tiles 2018-02-28 12:00 GG11800710
Trencing and Installation of Cables as and when required 2018-03-26 12:00 ENG012/2018
Provide Health Care Services - Medical Surveillance 2018-03-13 12:00 JCPZ/SHEQ01/2017
Recruitment Services 2018-03-13 12:00 JCPZ/HR03/2017
Monitoring and Inspection Services. 2018-03-13 12:00 JCPZ/RFP/NBD01/2017
To Operate, Maintain and to Supply Equipment in Sewer Treatment Plant 2018-03-27 10:00 MPPPSC001082
Supply solid SA pine timber 2018-02-28 12:00 GG11800714
Supply and deliver new borehole motor and pump combination 18.5KW 8.3l/s @ 125m (head) 2018-02-27 12:00 294/2017/18
Provision of Cleaning Services. 2018-03-14 11:00 OTT/444/201802
Request for Proposals are Invited for Investment in the Refurbishment and Management of the Rustenburg Showgrounds on a Long-Term Lease Basis 2018-03-27 10:00 RLM/DLED/0101/2017/18
Maintenance of Hydraulic Bin Compactors for two (2) years. 2018-03-15 14:00 58726
Request for Proposal for Drilling Two (2) Slim Hole Geologic Characterization Wells in the Zululand Basin for the South African Pilot Carbon Storage Project. 2018-03-16 11:00 435
Provisioning of Security Services in Mangaung Metropolitan, surrounding towns and Thabo Mofutsanyana District. 2018-03-16 11:00 FDC BID NO. 004/2018

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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