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 security service provider to provide and/or maintain security guards services and Armed response at Services SETA (Durban Provincial Office). 2018-01-12 11:00 Proc T481
Supply and delivery of Building Material for 36x beneficiaries 2017-12-27 12:00 RFQ / 348
Supply 3 each x varnish; floor, polyurethane 2018-01-15 12:00 GG11800413
Supply: Hardware items 2017-12-15 12:00 GG11800415
Provision, disposal, servicing and removal,cleaning & return of exisitng sanitary bins in area 2 which comprises of all corporate facilities in the Khayelitsha, Kuilsriver & Strand area (See pricing schedule for the building list) 2017-12-20 12:00 SC11800082
Appointment of a service provider to develop Services SETA Website. 2018-01-12 11:00 Proc T480
Supply: hasp and staple 2018-01-15 12:00 GG11800407
Supply: glass sheet 2018-01-15 12:00 GG11800408
Supply 30 role x strapping 2018-01-15 12:00 GG11800410
Supply, Deliver, Offload and the Installation of Office Furniture and Appliances For Group Finance Directorate and Environment and Infrastructure Services Department 2018-01-26 10:30 534/17
Hire of Front End Loader with operator 2017-12-20 09:00 WJ11800290
Appointment of a Services SETA to develop stakeholder database system. 2018-01-12 11:00 Proc T479
Supply glass sheet 2018-01-15 12:00 GG11800409
Supply: Irrigation equipment 2018-01-15 12:00 GG11800412
Supply: Hardware items 2018-01-15 12:00 GG11800411
Supply: Hardware items 2018-01-15 12:00 GG11800414
Provision of Student Printing Services 2018-01-19 10:00 UFS TENDER 2017-03
Request for Proposals for the Provision of 20 00Qm2 Existing, Premium Grade Office accommodation with Turnkey fit-out for Transnet Corporate Centre in Johannesburg for a period of 3-years with an option to extend. 2018-01-12 14:00 TPCP/JHB/760 (T)
The appointment of consultants to configure SAP Investigative Case Management (ICM) for a period of six (06) months 2019-01-19 11:00 GT/GPT/182/2017
Provision of Computer Equipment (Laptops) as per the Terms of Reference. 2018-01-11 15:00 ECIC 016/017

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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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