Issue Date: 
Monday, April 25, 2016

Tenders and subcontracting

Did you know tenders and subcontracting go hand in hand. In fact, subcontracting part of a tender is so common in South Africa that there are specific rules regulating subcontracting in executing tenders especially 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 important to know that in South Africa there are two major rules when it comes to subcontracting if awarded a Government tender. According to the Preferential Procurement Regulations, 2011:

  • Section 11(8) states that a company must not be awarded points for B-BBEE status if they are sub-contracting more than 25% of the contract to any other enterprise who does not qualify for the same amount of points that the tenderer qualifies for.  That is, unless the intended subcontractor is an exempted micro enterprise that has the capability and ability to execute the sub-contract.
  • Section 11(9) states that a company awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise who does not have an equal or higher BBBEE status level. That is, unless the contract is subcontracted to an exempted micro enterprise that has the capability and ability to execute the sub-contract.

Simply put, these two sub-sections of the Regulations clearly 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 or a higher B-BBEE Status Level as you. The Office of the Chief Procurement Officer is watchful for discrepancies like this and if you are found to be in contravention of these regulations you stand the chance of losing the contract or having your existing contract cancelled.  You may 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 safe and wont need to be concerned about the B-BBEE Status Level of the subcontractor.
Subcontracting doesn't need to be difficult but if you want to know more about subcontracting and other important tender response information we recommend you attend the How-to-Tender workshops.

Email werner@how2tender.com for more information.

www.how2tender.com

Title Closing Date Tender No.
Supply: Electrical accesories 2018-03-01 15:00 GJ11800683
Upgrade Isikhova Park, Supply and installation of water tank at Isikhova Park. 2018-03-02 12:00 SB11800549
Supply of end user computing devices and services 2018-03-02 12:00 REF: RFPUJ 05/2018
Supply and Delivery of Polymer Products and Adaptor. 2018-02-27 11:00 280037
Supply MV Terminations 2018-03-01 15:00 GJ11800687
Repair to paving Harmony Park Resort 2018-02-28 12:00 SB11800553
Skills Program Training of BVM’S Employees 2018-02-26 11:00 280696
Supply: Electrical accesories 2018-02-23 15:00 GJ11800692
Appointment of Service Providers to carry out feasibility studies of proposed sites in Kwazulu-Natal Province for the potential of Social Housing Projects 2018-03-09 11:00 SHRA/RFB/SDT/04/201718
Atmospheric emission consulting engineer required for stack sampling at Maitland Crematorium. 2018-03-02 09:00 SN11800569
Rental, Services of Sani Bins and supply of Germicidal Sanitary Spray for Area 2, From March 2018 until June 2018 2018-02-27 12:00 SB11800543
Supply and delivery of Kiosk Poly 2018-02-26 11:00 280050
Horticultural maintenance: Cleaning, soil preparations & mulching of planting beds at Delft Cemetery. 2018-03-05 14:00 SN11800567
Supply and delivery of Cock Stops 2018-02-27 11:00 280250
Supply and delivery of projectors 2018-02-23 14:00 GK11800463
Supply and delivery of wifi adapter - wifi adapter 2018-02-23 11:00 GK11800464
Provision of Central Printing Units for the Production of Mono and Color Printing 2018-03-09 12:00 CENTRAL PRINT UNIT CPU/2018/01
Appointment of a service provider for the provision of corporate sustainability performance solution for ATNS. 2018-03-19 16:00 ATNS/HO/RFP CORPORATE SUSTAINABILITY PERFORMANCE SOLUTION/29/10/2017 (2)
Invitation to Submit an Expression of Interest in a Strategic Partnership with Atlantis Forge (Pty) Ltd 2018-03-09 16:00 Not Supplied
Provision of Learning and Development Programme Services. 2018-03-19 16:00 ATNS/HO/L&D PROGRAMME 12/17(1)

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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