Issue Date: 
Monday, March 2, 2015

Tenders and Black Ownership

By Werner van Rooyen

2 March 2015

www.how2tender.com

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

The specific fine print 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 very 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 50% 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 please attend one of our tender workshops. Tender Workshop dates are published on our website at www.how2tender.com.

Happy tendering.

Title Closing Date Tender No.
Appointment of an Environmental Consultant to execute an Environmetal Impact Assessment (EIA) Process for the Proposed Matlosana Agri-Hub, situated in the Remainder of Portion 1 of the Farm Townlands of Klerksdorp 424 IP in Matlosana Local Municipality under Dr Kenneth Kaunda District Municipality in the North West Province 2018-03-01 11:00 NW-TEN 02 (009) 17/18
Supply: Capacity Building- Ward 33 Seniors Event: Cooler bag and mugs 2018-02-26 12:00 GL11800575
Appointment of an environmental consultant to execute an Environmental Impact Assessment (EIA) process for the proposed Vryburg Agri-Hub, situated in Commonage ERF506 Camp G in Naledi Local Municipality under Dr Ruth Segomotsi Mompati District Municipality in the North West Province 2018-03-01 11:00 NW-TEN 02 (008) 17/18
Request for proposals for production of a documentary video on illegal, unregulated and unreported fishing in Africa 2018-03-23 15:00 AUC/IED/119
Appointment of a service provider to provide a registry service to the Events Department from date of commencement not exceeding 1 year. 2018-02-27 12:00 SL11800155
Request for expressions of interest (EOI): Medical Insurance Coverage for African Union contract staff and their dependents 2018-03-15 15:00 AUC/HRM/NC/1
Supply Central 3 Career Expo Promotional Item – Drawstring bag 2018-02-27 12:00 GL11800577
Appointment of service providers to form a bodyshop of service providers to assist the Department of Rural Development and Land Reform with Complex Forensic Investigations for a period of two years 2018-03-01 11:00 5/2/2/1 – RDLR 0144(2017/2018)
Supply Two seater couch And one seater couch 2018-02-26 12:00 GL11800578
Appointment of a service provider to supply and deliver a refrigerated delivery truck for Witzenberg Agri Park Logistics Project in the Cape Winelands District Municipality in the Western Cape Province 2018-03-01 11:00 SSC WC 12 (2017/2018) DRDLR
Supply: Drawer bulk filer 2018-02-27 12:00 GL11800579
Purchasing of books for City Health Medical Stores 2018-02-28 11:00 GM11800624
Appointment of a Service Provider to Procure Through Normal Supply Chain Processes an Office Container for Witzenberg Agri Park Logistics Project in the Cape Winelands District Municipality, Western Cape Province 2018-03-03 11:00 SSC WC 16 (2017/2018) DRDLR
Leasing of the remaining extent of portion of the farm Kameelbult 604 IO and portion 9 of the farm Doornbult 603 IO, measuring 638, 7546 hectares in extent, made up of 354 hectares of dry land, 16 hectares irrigation and 266, 7546 hectares of grazing land, for a period of thirty (30) years 2018-03-06 11:00 NWPSSC 01 (091) 2017/18
MBDA hereby wishes to invite suitably, qualified and experienced service providers to provide Developmental Consulting Services to the Agency. 2018-02-26 11:00 BDA0218520
MBDA seeks quotes from accredited service providers to supply and deliver: 5 x i5 Notebooks and Accessories 2018-02-26 11:00 BDA0218519
Supply and Delivery of 40 Rolls, 30 M Each, 4 Mm Galv. Mild Steel Stay Wire - 5 Strand (Plse Note: Not 7 Strand) 2018-02-28 11:00 SQ02181171
Supply & Delivery of 70mm X 3c 11kv Fibre Glass Straight Joint Boxes with all Accessories 2018-02-28 11:00 SQ02181171
Supply and Delivery of Bituminous Compound for Cable Joints, Black In 12,7 Kg Containers. Compound 15426/127. 2018-02-28 11:00 SQ02181171
Supply: Books: MPRA- Municipal Property Rates Act 5th Addition ISBN-9781485119654 2018-02-21 11:00 GM11800627

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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