Issue Date: 
Tuesday, November 1, 2016

When Must I Sub-Contract?

There seems to be a lot of confusion amongst entrepreneurs when it comes to tenders and sub-contracting. The Draft Preferential Procurement Regulations, have been gazetted and are currently up for review. However, these Regulations are the major cause for the confusion. Many entrepreneurs ask whether they should sub-contract or not whilst responding to a tender.

The Draft Preferential Procurement Regulations stipulates the following: 

  1. For contracts above R30 million, the tenderer MUST sub-contract a minimum of 30% of the value of the contract to –
    • One or more of the categories:
      • EME’s (Exempt Micro Enterprises) or QSE’s (Qualifying Small Enterprises) owned by black people who are female;
      • EME’s or QSE’s owned by black people from the ages 14 to 35;
      • EME’s or QSE’s owned by black people;
      • EME’s or QSE’s owned by black people with disabilities)
    • One or more Exempt Micro Enterprises (EME’s) or Qualifying Small Enterprises (QSE’s); or
    • One or more small businesses, as defined in the National Small Business Act.
  2. If a successful tenderer sub-contracts to another person without disclosing it in its tender documents, the organ of state must penalise the tenderer 10% of the value of the contract, unless the tenderer submits a satisfactory reason for failing to make the disclosure.

The Regulations are very clear because its states “the tenderer MUST sub-contract…..”. Thus, once the Regulations are finally gazetted then all contracts with a value of R30 million and above will have to comply with this Regulation. Remember that currently (as of 31 Oct. 16) the Regulations are not finalized yet.

Until such time that the Regulations are finalized the answer is easy whether or not to sub-contract – look at the scope of the tender or the special conditions. Somewhere in the tender document it will stipulated whether or not the tenderer will have to sub-contract.  Follow those rules. If the tender document doesn’t contain any sub-contracting instructions (at this stage) then it is not necessary to do so.

The fact is that the tender document will dictate what you should or should not do. Read the tender document carefully and follow the instructions to the point.

To learn more about this and all the other new developments regarding tenders, attend one of the How-to-Tender workshops.

Learn to earn

www.how2tender.com

 
 
Title Closing Date Tender No.
Appointment of a professional consultants to conduct a comprehensive feasibility study to assess the capability of the Municipality for the provision of water services 2018-03-27 12:00 FTM/TS70/17/18
Provision of professional services: For contract administration, construction supervision and close out for the proposed offices: Extension for Bloem Water 2018-03-23 12:00 BW189/HO/12
Appointment of a service provider for the procurement of protective clothing for hundred (100) community members to embark on Bush Encroachment and Allien Species Control Project (as part of Soil Rehabilitation Programme) in the Oretele Agri-Hub Grazing at Makapanstad Village which is located in Moretele Local Municipality in Bojanala District Municipality, North West Province 2018-03-01 11:00 NW-TEN 02 (011) 17/18
Provision of emergency medical service on 24 hours basis 7 days a week including Wilge properties personnel, Khutala Mine, Kusile and first aid training only for emergency care team members at Kendal Power Station for the period of 3 years. 2018-03-26 10:00 MPGXC005059
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

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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