Issue Date: 
Tuesday, July 31, 2018

3 Sub-contracting rules to be aware of when responding to tenders

There seems to be a lot of confusion amongst entrepreneurs when it comes to tenders and sub-contracting, due in large part to The Preferential Procurement Regulations, 2017 that has been implemented on the 1st of April 2017. Many entrepreneurs ask us whether they should sub-contract or not, in responding to a tender and how and where do they get onto the sub-contracting lists.

There are 3 sub-contracting rules in the Preferential Procurement Regulations 2017 that Organs of State can/must apply when issuing tenders to the general public.

The first Regulation is Regulation 4 which state inter alia: if an Organ of State decides to apply pre-qualification criteria to advance certain designated groups that Organ of State must ADVERTISE the tender with a specific tendering condition that certain bidders can or may respond.

The second Regulation is Regulation 9 which state inter alia: if it is feasible to sub-contract for a contract above R30 million, an Organ of State must apply sub-contracting to advance designated groups.

The designate groups mentioned in both Regulation 4 and 9 are Black Owned Enterprises with 51% or more black ownership and any of female Black owned, youth black owned, black people with disabilities owned or black military veterans owned enterprises.

The third sub-contracting rule has to do with sub-contracting after the award of the tender. Regulation 12 states inter alia: (3) a person awarded a contract may not subcontract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level of contributor than the person concerned, unless the contract is subcontracted to an EME that has the capability and ability to execute the subcontract.

The tender document will dictate how you should or should not sub-contract. Read the tender document carefully; follow the instructions precisely and to the point. Organs of State are applying these Regulations rigorously and failing to comply will lead to your tender response being disqualified.

Tender trends and Regulations are changing frequently. To keep up to date with these changes we recommend attending one of our How-to-Tender workshops that are presented across South Africa. Tender Workshop dates are published on our website at www.how2tender.com or for more information on the How-to-Tender workshops please email us at werner@how2tender.com

This article was written by Werner van Rooyen, Director of HowToTender which specializes in tender consulting and tender training.

Title Closing Date Tender No.
Discretionary Grant Advert 2nd Funding Window 2019/2020 2019-06-18 11:00 RFQ/ SASSETA/ 201920120
Cape Town: parliamentary precinct: official office accommodation: provide integrated facilities management services.(2019-2024) appointment of consultants: quantity serverying, electrical & mechanical engineers, civil & structural engineers, health and safety agent. 2019-06-14 11:00 CPTC 004/ 19
Appointment of Board Secretariat Services until 31 March 2020 2019-06-14 11:00 RFP/ SASSETA/ 201920113
Provisioning of Productivity Study/ Assessment and other related services to the RTMC 2019-06-18 11:00 RTMC BID 03/ 2019/ 20
Provision of Security services to the RTMC Midrand offices 2019-06-17 11:00 RTMC BID 01/ 2019/ 20
Cape Town: Provision of integrated facilities management services for parliamentary residential accommodation for a five year period (2019-2024): Appointment of consultants: quantity surveying, electrical & mechanical engineers, civil & structural engineers, health & safety agent. 2019-06-14 11:00 CPTC003/ 19
Appointment of a panel of service providers to provide fraud risk management services to the NYDA for a period of three (3) years. 2019-06-19 11:00 NYDA2019/ 01/ IA
Appointment of a Panel of Service Providers for the National Treasury to Source the Services of Editors for Publications for a period of three Years 2019-06-14 11:00 NT005- 2019
24 months term contract for transportation of members of parliament and sessional officials in the three parliamentary villages. 2019-06-14 11:00 CPTSC 01/ 19
Appointment of a Service Provider to Implement an On-Going Solution for The Management of Emolument Attachment Orders Granted Against Public Servants and a Capacity Building Programme for a Period of 24 Months 2019-06-14 11:00 NT004- 2019
Appointment of a Decor Service Provider for The World Economic Forum on Africa Mokete 2019 to Be Hosted at ICC In Cape Town. 2019-06-14 11:00 NT003- 2019
Repair and maintenance of Generators at Limpopo High Court for 24 months 2019-06-18 11:00 PLK19/ 07
Appointment of a service provider for rendering of co-sourced internal audit services for the National Lotteries Commission for a period of three (3) years 2019-06-26 11:00 NLC/ 2019- 10
Repair and maintenance of HVAC System at Limpopo High Court for 24 months 2019-06-18 11:00 PLK19/ 06
Appointment of Service provider for Events Management (Golden Shield Heritage Awards) 2019-06-26 11:00 NHC/ 01/ 2019/ 20
Repair and maintenance of lifts at Limpopo High Court for 24 months 2019-06-18 11:00 PLK19/ 05
Bloemfontein Sandf: Tempe 1 Sa Tank Regiment: Upgrading of Facility/ Infrastructure (Kitchen) and Replacement of Kitchen Equipment: (Architectural Services) 2019-06-18 11:00 BL19- 009
Bloemfontein Sandf: De Brug Mobilisation Centre: Upgrading of Facility/ Infrastructure (Kitchen) and Replacement of Kitchen Equipment: (Architectural Services) 2019-06-18 11:00 BL19- 010
Postmasburg Magistrate Court: Provisioning of cleaning services for 36 months. (1208.14m²) 2019-06-14 11:00 PF17/ 2019
Olifantshoek Magistrate Court: Provisioning of cleaning services for 36 months. (531.00m²) 2019-06-14 11:00 PF18/ 2019

Pages

10 things to remember when you tender

By Werner van Rooyen

31 January 2019

There are many things that you as a small business owner must remember when you respond to a tender and sometimes responding to a tender can be overwhelming. Experience has taught me that there are some important things to remember when responding to a Tender and there are some less important things to remember when responding to a Tender.

Here are ten of the important things to remember when responding to a Tender. Please remember that all ten of these items mention here are equal... Read More

Free Keyword search

Search all tender notices for FREE!

No subscription or registration required!

You can also search by the reference of the the tender.

Advanced search

Search by Issuer, Region or Sector, individually, or using any combination of the three.