Issue Date: 
Thursday, January 31, 2019

Must my business be registered in order to tender?

By Werner van Rooyen

www.howtotender.co.za

31 January 2019

Once, a very anxious business owner phoned me and asked if I can supply him with a CK number. I was amused by this and first asked why he asked me for such a number and secondly for what did he need a CK number for? He said that because of my Tender Manual that he bought, he thought that maybe I can help him with a CK number. Also, at the briefing session of the tender that he was responding to, the person in charge of the tender said that if the responders to this tender didn't have a CK number their tender responses would be disqualified!

Obviously I was flattered by the compliment that this person thought I could help him with everything regarding his tender response but I was really confused why all responders to this specific tender needed a CK number. Now, for those of you that do not know what a CK number is, it is the general term that is given for a Close Corporation registration number; all Close Corporation numbers started with the prefix CK followed by some numbers. The ridiculousness of this statement – that all responders must provide a CK number – just proved how little this official new about general business in South Africa.

This brings us to the question - must I have a Registered Business to respond to tenders in South Africa. The short answer is simply no; you don't need a Registered Business to respond to a tender.

In South Africa you can do business in various forms of entities. The most popular of course is a Private Company or (Pty) Ltd as it is commonly known. In 1984 the South African Government of the time thought it good to give an alternative to the Private Company in the form of a Close Corporation. The idea behind the Close Corporation was to make it easier for entrepreneurs to have access to a legal business entity. The Close Corporation as a legal entity was very popular in the 1980's and 1990's. It became less popular as business owners realized that it didn't provide sufficient security against them personally and eventually Close Corporation registrations were stopped in 2011. Close Corporations that are still in existence can still operate but no new ones are allowed to register.

The fact of the matter is that if you respond to Public Sector tenders you are allowed to respond in your own name. The Standard Bidding Documents makes provision for this. Just remember that you will still need all the compulsory documents to respond to the tender albeit in your own name.

Then there is the question of experience; the Evaluation Committee members may think that you lack experience if you do not respond in the name of a Legal Entity. And as we all know, experience counts when you respond to a tender.

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 www.howtotender.co.za. Please contact Estelle at Estelle@howtotender.co.za should you require more information.

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

Title Closing Date Tender No.
IT Services 2019-09-06 11:00 NAMC/ 033/ 07/ 2019
The Provision of Travel Management Services for a period of Three years for National Agricultural Marketing Council 2019-09-06 11:00 NAMC/ F01/ 2019
The merSETA would like to invite potential service providers in the insurance industry to provide insurance brokering and claim services for permanently employed staff members 2019-09-05 12:00 RFP005/ 2019
Appointment of a Service Provider to provide Online travel management services to Provincial Departments and Public Entities in KwaZulu-Natal for a period of three (3) years. 2019-09-17 11:00 ZNT 1221/ 2019- G
Request for additional qualified panel to be part of the KwaZulu-Natal Film Commission production crew for a period of 3 years. 2019-09-09 11:00 KZNFC- T08/ 19/ 20
Provision of a turnkey service provider to write, translate, edit, design, illustrate, produce and distribute two Gautrain children’s books 2019-09-06 11:00 GMA/ 006/ 19
Provision of Upgrade and Integration of existing GMA Office Security Systems: CCTV & Biometric Access Control 2019-09-06 11:00 GMA/ 007/ 19
Terms of Reference for the Implementation of Skills Development Programmes For Government Officials and Teachers in the Northern Cape, Limpopo, Kwa-Zulu Natal, Mpumalanga, Free State, Gauteng, Eastern Cape And North West on Behalf of the Provincial Departments of Education 2019-09-09 11:00 SCMU: 08 - 2019/ 20
Delivery of pre-screening services to the dti for recruitment purposes for a period of 24 months 2019-09-06 11:00 dti 07/ 19- 20
The Appointment of a Service Provider to Develop a Business Plan for the Property Namely Remainder of the Farm 15 Dassenberg; Farm 16 Vriesfontein And Remaining Extent of Farm 17 In Extent of 1219.9742 Hectares, Cape Rd, Western Cape. 2019-08-23 11:00 SSC WC Q10 (2019/ 2020) DRDLR
Appointment of a Service Provider/S to Conduct Comprehensive Farm Assessments on Selected Restitution and Pro-Active Land Acquisition Strategy (Plas) Farms and Monitoring of The Stimulus Package Projects Initiated by the Department Of Rural Development and Land Reform In Nine Provinces for a period of(3) three years. 2019-09-06 11:00 5/ 2/ 2/ 1- RDLR 0031(2019/ 2020)
Appointment of a Serevice Provider(S) for Transalation and Transcribing Of Evidence In Criminal And Departmental Hearing for a period of two (2) years 2019-09-16 11:00 19/ 1/ 9/ 1/ 02 TP (19)
ZNTD 03895W: WIMS 063665: Kwazulu-Natal: Department of Education: Durban: Masimdumise Junior Primary School:Water and Sanitation: Phase 3 2019-09-20 11:00 ZNTD 03895W
ZNTD 03916W: WIMS 063661: Kwazulu-Natal: Department of Education: Durban: Ezindlovini Primary School:Water and Sanitation: Phase 3 2019-09-20 11:00 ZNTD 03916W
Appointment of a service provider for the outsourcing (provisioning) of three Specialised Research Papers for the legal fees investigation of the South African Law Reform Commission for a period of six (06) months 2019-09-06 11:00 RFB 2019 02
ZNTD 03852W: WIMS 063747: Kwazulu-Natal: Department of Education: Durban: Jonase High School:Water and Sanitation: Phase 3 2019-09-19 11:00 ZNTD 03852W
The Appointment of a Service Provider to Assist with the Development, Co-Ordination and Implementation of the Environmental Protection and Infrastructure Programmes Advocacy Strategy in the Environmental Programmes Branch of the Department of Environmental Affairs 2019-09-06 11:00 E1524
ZNTD 03875W: WIMS 063779: Kwazulu-Natal: Department of Education: Durban: Iwetane Primary School:Water and Sanitation: Phase 3 2019-09-20 11:00 ZNTD 03875W
ZNTD 03849W: WIMS 063753: Kwazulu-Natal: Department of Education: Durban: Inhlokozi High School:Water and Sanitation: Phase 3 2019-09-19 11:00 ZNTD 03849W
The Appointment of the Service Provider to Review Learners Learning Materials and Development of Facilitators Guideline for Kids in Parks Programme in South Africa for Period of Seven (7) Months 2019-09-06 11:00 Q- 126/ 19/ 20

Pages

Extension of validity period

By Werner van Rooyen

www.howtotender.co.za

31 January 2019

Those of you who are familiar with responding to tenders will know that it is common practice for procuring entities to extend the bid price validity period. We received the undermentioned queries regarding the extension of the validity period of the bid price.

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