Issue Date: 
Monday, April 25, 2016

Tenders and Subcontracting

Tenders and subcontracting go hand in hand. In fact, subcontracting part of a tender is so commonly placed that in South Africa there are specific rules regulating subcontracting in executing tenders. This is especially true for South African Government tenders.

According to Investopedia subcontracting is the practice of assigning part of the obligations and tasks under a contract to another party known as a subcontractor. Subcontracting is especially prevalent in areas where complex projects are the norm, such as construction and information technology. Subcontractors are hired by the project's general contractor, who continues to have overall responsibility for project completion and execution within its stipulated parameters and deadlines.
It is very important to know that in South Africa there is one major rule when it comes to subcontracting if awarded a Government tender. 

According to the Preferential Procurement Regulations, 2017:

  • Section 6(5) states that a person must not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a tenderer qualifies for, unless the intended subcontractor is an exempted micro enterprise that has the capability and ability to execute the sub-contract.

This sub-section of the Preferential Procurement Regulations, 2017clearly indicate that you cannot subcontract more than 25% of the contract value to another party if that party does not have at least the same B-BBEE Status Level as you or a better B-BBEE Status Level than you. The Office of the Chief Procurement Officer is on the lookout for discrepancies like this. If you are in contravention of these regulations you stand the change that the contract may not be awarded to you or that your existing contract can be cancelled. You can also be liable for costs incurred by the Government Entity in executing the contract.

If you are going to subcontract less than 25% of the value of the contract you are save and you don't have to worry about the B-BBEE Status Level of the subcontractor.

Subcontracting don't need to be difficult but if you want to know more about subcontracting and other important tender response information we suggest you attend our How-to-Tender workshops that we present Country wide. Please email us at werner@how2tender.com should you be interested in attending one of these workshops.
 
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Title Closing Date Tender No.
Provision of Professional Engineering Services in Respect of Decommissioning the Radnor Landfill Site. 2019-02-19 10:00 218C/2018/19
Supply and delivery of mill liners -reissue 2019-02-25 09:00 MPGXC005365R1
ICT Infrastructure Services 2019-01-25 14:00 TCTA/2018/IT/ICT INFRASTRUCTURE/024
Construction of Civil Engineering Services - Macassar Housing Project 2019-02-26 10:00 234Q/2018/19
Tender for the purchase, development and management of industrial park on Erven 804, 806, 807, 809, 39202, 39203, 39204, 39207, 39208, 39209, 39210, 39211, 39212, 39213, 39215, 39216, 39217, 39218, 39219, 39220, 45089, 51104, 51105, zoned general industrial 2 except for Erf 45089 which has a general business 4 zoning, bound by Spine Road (South) and, Phumakani Road (West) and Railway Line (East), Khayalitsha 2019-03-11 10:00 219P/2018/19
Provision of Banking Services for a period of five (05) years 2019-03-15 12:00 75 of 2018
Hire of Refuse Truck for a period of 3 years 2019-03-29 12:00 MPO/03/2019
Re-advert for auditing of animal pounds in Elundini Local Municipality 2019-01-22 12:00 ELM-5/006/2018-2019
Facilitation of strategic planning session for budget and treasury / finance section 2019-01-21 12:00 ELM-2/027/2018-2019
Appointment for a service provider for VAT recovery services for a period of three years 2019-02-11 11:00 PSJLM-BTO-2018/19-15
Disconnection, reconnection and inspection/audit of electrical services for a period of three (3) years 2019-02-11 12:00 T01/2019
Supply, installation of wireless internet and wireless access 2019-01-18 11:00 290653
Consulting engineering services for the contract administration for the construction of a pedestrian bridge in Touwsriver. 2019-01-23 11:00 291491
Appointment of a Professional Engineering Service Provider to Carry out the Project Management scope for various Electricity Bulk Infrastructure Projects within KSDLM 2019-02-11 12:00 038/2018/19
Appointment for (02) Electrical Contractors for Electrification of 193 infill Connections in Maiden Farm Township with a CIDB Grading of 4 EP or Higher 2019-02-11 12:00 036/2018/19
Appointment for (02) Electrical Contractors for Electrification of 193 infill Connections in Hillcrest Township with a CIDB Grading of 4 EP or Higher 2019-02-12 12:00 037/2018/19
Bid Specification for Appointment of a Programme Support Unit (PSU) for a three (3) year period to assist the Provincial Department of Education in various aspects of the management of its infrastructure programme. 2019-02-22 11:00 SCMU6-18/19-0007
Supply and Delivery of suction pipes - Honeysucker 2019-01-18 12:00 B424/2018/19
All prospective bidders are hereby invited to submit quotations for accommodation: bed, dinner, breakfast & conference package, supply chain management as specification appear below 2019-01-22 12:00 RFQFIN/01/2018/19
Development of an Implementation Plan and Budget for a Multi-Year History Festival in Plettenberg Bay 2019-01-18 13:00 SCM/RFQ/2019/042/EDP

Pages

Two types of Joint Ventures and Joint Venture agreements 

By W van Rooyen

www.howtotender.co.za

The structure of the joint venture should set out the nature of your partnership. There are two main types of agreements:

  1. If the joint venture is a business in its own right, it will be an incorporated joint venture. This type is not... Read More
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