Issue Date: 
Thursday, October 31, 2019

Why the B-BBEE level of your sub-contractor is important

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

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, 2017, 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 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 do not have to worry about the B-BBEE Status Level of the subcontractor.

Subcontracting do not 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.

To learn more about this and many other tender conditions attend our “Become a Tender Expert” 2-Day workshops presented in Johannesburg, Pretoria, Durban, Port Elizabeth, and Cape Town.  Book and pay online at https://howtotender.co.za/tender-expert-form/

Contact us at wernervr@howtotender.co.za should you require more information.

You can also purchase a Tender Manual (Handbook) on our website https://howtotender.co.za/ which is a step by step guide how to respond to a South African Tender.  It includes examples of completed SBD forms.

Title Closing Date Tender No.
Repairing of potholes in Ward 5 2019-12-19 12:00 138/2019/20
Repairing of potholes in Ward 4 2019-12-19 12:00 139/2019/20
Repairing of potholes in Ward 2 2019-12-19 12:00 140/2019/20
Repairing of potholes in Ward 1 2019-12-19 12:00 141/2019/20
Bidders are invited for Collection, Conveyance and Deposit of Cash for the period of 36 months. 2020-01-17 12:00 LIM473/cashcollection/19/20/26
Expression of Interest for Hotel and Conference Facility Development and Operations in Steve Tshwete Municipality - Middelburg Mpumalanga 2020-01-08 12:00 BS05/11/2019
For the supply and delivery of a new white 26 seater minibus 2019-12-19 16:00 ITB/RSA/SU/12.03/2019
Supply and Delivery of Plumbing Fittings 2019-12-17 11:00 303133
Electrical Maintenance and Fault Findings For Breede Valley Municipality’s wwtw’s and Pumpstations 2019-12-17 11:00 303281
Supply, Delivery and Installation of Air Conditioners at Worcester wwtw 2019-12-17 11:00 301985
Stripping, Repair and Reassemble of 4 Robot Submersible Pumps and 1 X 15 Kw Electrical Motor at Worcester Wastewater Treatment Works. 2019-12-17 11:00 303274
Supply and Delivery Cable 300mm Single Core 2019-12-17 11:00 303241
Supply and Delivery of Electrical Fittings 2019-12-17 11:00 303243
Supply and Delivery of Office Furniture 2019-12-19 11:00 303296
Supply and Installation of Control Equipment and Office Furniture for Oyama and Tshepiso Dreamweaver 2019-12-13 12:00 RFQ/LED/2019-20/249
Service Provider to Supply and Deliver a Fruit Juice Production Equipment 2019-12-13 12:00 RFQ/LED/2019-20/248
First Aid Level 3 Training Programme 2019-12-13 12:00 RFQ/DHR/2019-20/247
Supply and Delivery Of 30 X Size 315/80r22.5 Stock Retreads For Coastal Solid Waste Vehicles 2019-12-13 12:00 RFQ/DIS/2019-20/246
Supply and Delivery of a Portable Breathing Air Compressor 2019-12-20 12:00 RFQ/HPS/2019-20/252
Supply and Delivery of Firefighting Hoses Complete 2019-12-20 12:00 RFQ/HPS/2019-20/251

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