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.
Implementation evaluation of corporate governance in South Africa’s State Owned Enterprises (SOE’s) 2018-12-07 12:00 DPME 11/ 2018- 2019
Repairs to ceiling boards, gutters, floors, fascia boards, wall, tiles and paintwork at DOT cost centre office, Eshowe 2018-12-14 11:00 ZNTU 03429 W3
Supply and delivery of ten (10) laptops equivalent to lenovo thinkpad T580 2018-12-14 11:00 ZNQ 18/ 19/ 0017/ NCR
Dundee Regional Laundry: Refurbishment, Service Equipment and Procurement of New Equipment. 2018-12-14 11:00 WIMS 068237- ZNTL 03894W
Supply and delivery of twenty (20) of all-in-one desktops equivalent to Lenovo think centre M910z. Contract period: 01 month. 2018-12-14 11:00 ZNQ 18/ 19/ 0016/ NCR
Appointment of a Mult-Disciplinary Entity to Provide Professional Services to Undertake the Assessment and Upgrading of the Central Air Conditioning System at St. Aidans Hospital 2018-12-14 11:00 WIMS 063141
The Department of Local Government (DLG) requires a Service Provider to provide the Municipal Minimum Competency (MMC) Training programme to identified officials. 2018-12-14 11:00 LG 01/ 2018/ 2019
Training of 100 beneficiaries in Vehicle Maintenance & Repair Assistant Skills Programme NQF L2. 2018-11-23 11:00 T/ 37/ 18 Skill VMRA
The appointment of the service provider to develop an Environmental Management Framework (EMF) for the Cape Floral Region Protected Areas World Heritage Site (CFRPA WHS) for the period of eighteen months. 2018-12-07 11:00 E 1489
False Bay College: All Campuses: Supply & Delivery of IT Workstations and Peripheral Devices 2018-12-07 11:00 FBC T12/ 2018
Sibasa SAPS Training Centre: Repairs to Training Centre 2018-12-11 11:00 PLK18/ 43
SAPS: Grassy Park Police Station: Upgrading of Stormwater Drainage 2018-12-07 11:00 CPT 1014/ 18
The appointment of the service provider to assist the Waste Bureau with the identification and securing of site, development of a business plan, and management of the setting-up; equipping; operating; training of beneficiaries and handover of the Pilot Construction and Demolition Waste Crushing and Block Manufacturing Facility. 2018-12-07 12:00 E 1490
Service and maintenance of standby and base load generators for 24 months. 2018-12-07 11:00 KIM- 1018/ 107452
Invitation of service providers for monitoring and evaluation of Gauteng City Region Academy (GCRA) Training and Development Intervention Programmes for a period of three (3) years 2018-12-07 11:00 GT/ GDE/ 160/ 2018
Outsource for the Service Providers for a Forensic Investigation of the Repair and Maintenance Project at 11 Military Hospital for Defence Inspectorate Division (DACAF). 2018-12-14 11:00 CPSC- B- G- 161- 2018
Midlands Region: Department Of Basic Education: Umzinyathi District ( Msinga) Umbonje High School: Sanitation Programme Phase II 2018-12-18 11:00 ZNTL 02899 W
Midlands Region: Department Of Basic Education: Umzinyathi District ( Msinga) Mhlangezulu Secondary School: Sanitation Programme Phase II 2018-12-18 11:00 ZNTL 03804 W
Midlands Region: Department of Basic Education: Umzinyathi District ( Msinga) Asibambisane Primary School: Sanitation Programme Phase II 2018-12-18 11:00 ZNTL 03089 W
Appointment of Professional Services Providers for development of 5-year reliable water and sanitation services delivery plan (Phase1) – Situational Assessment Review and Phase 2 – Development) for Ilembe DM. 2018-12-07 11:00 MISA/ DWSS/ IDM/ 043/ 2018

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Advantages and disadvantages of Consortiums

Consortiums are often considered as entities to use when responding to tenders in South Africa. The question that arises is whether to use a Consortium or a Joint Venture when responding to a tender. To help you with this we have compiled a list of advantages and disadvantages for both Consortiums as well as Joint Ventures. In this article we list the advantages and disadvantages of Consortiums. Look out for the same article on Joint Ventures.

Consortiums Advantages:

  • Easy to establish as there are no formal procedures... Read More
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