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.
Provision of cleaning, hygiene and pest control services at GPAA offices 2020-06-22 11:00 GPAA 10/ 2020
Appointment of a security company to provide security services, Alarm installation with armed response in Bredasdorp, Anene Booysen Skills Development Centre 2020-06-19 11:00 002- 2020/ 2021
Appointment of a security company to provide security services, Alarm installation with armed response in Bethal, Gert Sibande Skills Development Centre 2020-06-19 11:00 004- 2020/ 2021
Appointment of a security company to provide security services, Alarm installation with armed response in Muden, Zibambeleni Skills Development Centre 2020-06-19 11:00 003- 2020/ 2021
Appointment of a panel of service providers for the procurement of the 32 inch IDTV for 2020 indegent matriculants 2020-06-19 11:00 USAF- IDTV/ 01/ 2020
Dube TradePort Corporation hereby invites proposals from Trend Micro accredited partners to provide Trend Micro Enterprise Protection Platform (EPP) for DTPC for a three (3) year period. 2020-06-23 11:00 DTP/ RFP/ 13/ CEO/ 09/ 2019
Supply, delivery, and installation, inclusive of setup of production scanners: 3 year period contract, various head offices 2020-06-17 11:00 ZNB 5336/ 2020- H
Provision of Security Services in the Departmental Offices and Institutions for a period of 36 months at CLUSTER 5 (King Cetshwayo District Offices) 2020-06-18 11:00 DARD05/ 20
Provision of Security Services in the Departmental Offices and Institutions for a period of 36 months at CLUSTER 4 (UMkhanyakude District offices) 2020-06-18 11:00 DARD04/ 20
Provision of Security Services in the Departmental Offices for a period of 36 months at CLUSTER 3 (ILembe District, UGu and UThukela District offices) 2020-06-18 11:00 DARD03/ 20
Provision of Security Services in the Departmental Offices for a period of 36 months at CLUSTER 2 (Zululand and Harry Gwala District Offices) 2020-06-18 11:00 DARD02/ 20
Provision of security services in the Departmental Offices, Institution and Residence for the period of 36 months at CLUSTER 1 (MEC Residence, UMgungundlovu District, Truro house, EThekwini District, Amajuba District and UMzinyathi District) 2020-06-18 11:00 DARD01/ 20A
Supply, deliver, offload, install and servicing of ablution and hygiene services for departmental offices, research stations and institutions for the period of three years 2020-06-19 11:00 DARD08/ 20A
Appointment of a service provider to rehabilitate the pumps at Makhathini Irrigation Scheme 2020-06-19 11:00 DARD07/ 20A
Supply, deliver and offloading of veterinary remedies at Department of Agriculture: Uthukela District Office. 2020-06-19 11:00 DARD06/ 20A
Printing, supply and delivery of promotional material for the South African Police Service: Division: Corporate Communication and Liaison on a once off basis 2020-06-30 11:00 19/ 1/ 9/ 1/ 65TS(19)
Supply and delivery of consumables used in the forensic science laboratories to the SAPS for a period of two (2) years 2020-06-18 11:00 19/ 1/ 9/ 1/ 69TD (19)
Implementation of Biogas and required associated training for DOD 2020-06-19 11:00 128
Supply, delivery, installation, commissioning, end-user training, of 21 x ICU beds: Dr Pixley Ka Seme Memorial Hospital: once-off 2020-06-17 11:00 ZNB 9768/ 2019- H
Request for proposal: Establishment of a frame agreement for provision of cafeteria and catering services at UNHCR RBSA Pretoria office 2020-07-02 16:00 RFP/020/HCR/RBSA/SUP/014.

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