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.
Atraumatic Graspers - 5mm - Length 36cm - Reusable 2017-08-01 11:00 ZNQ 524/ 17 - 18 GAZ
Curved Cutter / Stapler - Size: 3.0mm Length X 3.5mm Height 2017-08-01 11:00 ZNQ 523/ 17 - 18 GAZ
Modified Bipolar Vessel Sealing Device, Single Use -Small Jaw. as per Specification 2017-08-01 11:00 ZNQ 522/ 17 - 18 GAZ
Tubing, Latex (205) as per specification 2017-08-01 11:00 ZNQ 398/ 17 - 18 GAZ
Ligasure Impact Tissue Fusion - Open Instrument - Size: 13.5mm. as per specification 2017-08-01 11:00 ZNQ 355/ 17 - 18 GAZ
Catheter - Argyle - 40cm - Size 22g, as per specification 2017-08-01 11:00 ZNQ 299/ 17 - 18 GAZ
Patient Plate With Cable - Single Use. as per specification 2017-08-01 11:00 ZNQ 208/ 17 - 18 GAZ
Auto Suture Gia Premium 50mm X 3.8mm Loading Unit as per specification 2017-08-01 11:00 ZNQ 95/ 17 - 18 GAZ
Auto Suture Gia Premium 90mm X 3.8mm Loading Unit. as per specification 2017-08-01 11:00 ZNQ 94/ 17 - 18 GAZ
Sabs Approved Female Safety Shoes 2017-08-02 11:00 ZNQ: 257/ 2017/ 18
Appointment of a service provide to supply,deliver and install steel shelves to storeroom /archives/registry to the new and existing office blocks at 191-prince Alfred street building in Pietermaritzburg head office 2017-08-21 11:00 ZNT NO: 10/ 16/ 17
Postmasburg Dept of Labour: Alternative office accommodation: 475.00m² and 8 parking bays for a period of 5 years 2017-08-11 11:00 LS04/ 17
Calvinia Dept of Labour: Alternative office accommodation: 475.00m² and 9 parking bays for a period of 5 years 2017-08-11 11:00 LS05/ 17
Kimberley Dept of Water and Sanitation: Alternative office accommodation: 2930.68m² and 54 parking bays – for a period of 3 years 2017-08-11 11:00 LS03/ 17
Supply and Deliver Crepe bandage 100mm x 4.5m 2017-08-01 11:00 ZNQ: 200- 17/ 18
Supply and Deliver Bandage crepe 75mm x 4.5m 2017-08-01 11:00 ZNQ199- 17/ 18
Supply and Deliver single seat stainless steel chairs 2017-08-01 11:00 ZNQ: 189- 17/ 18
Supply and Install Diagnostic set wall mounted 2017-08-01 11:00 ZNQ: 193- 17/ 18
Supply and Deliver Abdominal Swabs Sterile X-ray detectable with loop. size 450mm x 370mm x 4 PLY 2017-08-01 11:00 ZNQ: 163- 17/ 18
Supply and Deliver: Portable Dental light with a carry bag 2017-08-01 11:00 ZNQ: 192- 17/ 18

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Functionality and Tenders

In all competitive bids (tenders) you as the bidder will have to respond to Functionality. You will need to score a set minimum number of points, measured as a percentage, on Functionality of a competitive bid (tender) in order to advance to the next phase of evaluation in the tender process.

Usually Organs of State evaluate competitive bids (tenders) as follows:

  • The tender response is evaluated on Functionality where the bidder must score points out of a maximum of 100 points.
  • A threshold of between 65 to 75 out of 100 points... Read More
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