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.
The manufacture, supply, delivery to site, installation and commissioning of one passenger lift, guide rails, operating system and maintenance contract for Olifants River Resources Development Project at De Hoop Dam. 2019-06-06 11:00 DWS04- 0419 WTE
Appointment a pool of suitably qualified service providers to provide Interpreting services in QAA-Schools Sub-unit for a period of three years (36 months) 2019-05-17 12:00 RFQ- 0002
Supply and delivery of stainless steel grade 340 L for a period of 24 months to construction central 2019-06-06 11:00 DWS05- 0419 WTE
Procurement for Opentext Software License and Maintenance and Support on Behalf of the Western Cape Government Department of the Premier for a three (3) year period 2019-05-09 11:00 RFB1872/ 2018
Port Elizabeth: Alternative accommodation for Ibhayi Local Office: SASSA. 2019-05-14 11:00 LSPE05/ 2019
Appointment of a mechanical service provider to provide maintenance and general mechanical work at SITA Gauteng and other sites. 2019-05-15 11:00 RFB 1921/ 2019
Calvinia Department of Home Affairs: Alternative office accommodation: 415.88m² and 5 parking bays for a period of 5 years. 2019-05-22 11:00 LS07/ 2019
Calvinia Statistics South Africa: Alternative office accommodation: 320.45m² and 10 parking bays for a period of 5 years. 2019-05-22 11:00 LS03/ 2019
Appointment of a Group Life Insurer 2019-05-22 11:00 RFP 10/ 2019
Procurement of 2 PSIRA grade A armed close protection and 4 grade C static security guards at Mafikeng North West Public Works offices for the North West administrator for the period of 15 months 2019-05-14 11:00 HP19/ 001GS
Appointment of a Travel Management Company to Provide Travel Management Services and accomodation to the South African Police Service:Domestic and International for a period of three (03) years 2019-05-22 11:00 19/ 1/ 9/ 1/ 53 TP (18)
KZN: Department of Education: eThekwini Region: Verulam: Cottonland Primary School: Repairs and Renovations 2019-05-22 11:00 ZNTD 04634W
KZN: DOPW: eThekwini Regional Office: Mayville Complex: Rendering of Security Services within the complex, vacant land between Gazzela and Piedmont Road for a Period of Thirty-Six (36) Months (3 years). 2019-05-22 11:00 ZNTD 04762W
Appointment of a Service Provider for the Leasing of Office Space [Pretoria] for a Period of Five [5] Years for Groenkloof National Park 2019-05-17 11:00 GNP- 057- 18
Pretoria: Leasing of Office Accommodation of 30 223 square meters and 1 584 parking bays usage by the Department Home Affairs for period of 5 years in Pretoria CBD 2019-05-14 11:00 PT19- 002
Appointment of a professional technical expert to advise the Energy Regulator on the prudency of asset acquisition in Transnet SOC limited’s new Multi Products Pipeline project for a period of seven (7) months 2019-05-09 11:00 NERSA/ 1920/ PPT/ PAA/ BID001
Pretoria: Leasing of Office Accommodation of 18 873.86 square meters and 454 parking bays usage by the Department of Correctional Services Head Quarters for a period of 5 years in Pretoria CBD and the outskirts 2019-05-14 11:00 PT19/ 001
Appointment of a service provider to undertake the ex-post regulatory impact assessment of all Energy Regulator decisions and stakeholder perception/ satisfaction survey 2019-05-09 11:00 NERSA/ 1920/ RAR/ RIA/ BID002
ICT Research Support Membership for a period of 36 months 2019-05-24 12:00 DPME 05- 2019/ 20
Appointment of a Service Provider to Render Organisational Work-Study Services for a period of six (6) months 2019-05-23 11:00 NCC/ 04/ 2018/ 19

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The 8 steps in the Tender Adjudication process

By W van Rooyen

www.howtotender.co.za

31 January 2019

It is important to understand the Adjudication process when one responds to a Tender or Request for Proposal. If you have these 8 steps under control when responding to tenders, changes are good that you will proceed to the next round.

Here are 8 steps in the adjudication process that Organs of State will most often follow in determining which bidder will win the tender:

  1. Opening... Read More
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