Issue Date: 
Tuesday, November 1, 2016

When Must I Sub-Contract?

There seems to be a lot of confusion amongst entrepreneurs when it comes to tenders and sub-contracting. The Draft Preferential Procurement Regulations, have been gazetted and are currently up for review. However, these Regulations are the major cause for the confusion. Many entrepreneurs ask whether they should sub-contract or not whilst responding to a tender.

The Draft Preferential Procurement Regulations stipulates the following: 

  1. For contracts above R30 million, the tenderer MUST sub-contract a minimum of 30% of the value of the contract to –
    • One or more of the categories:
      • EME’s (Exempt Micro Enterprises) or QSE’s (Qualifying Small Enterprises) owned by black people who are female;
      • EME’s or QSE’s owned by black people from the ages 14 to 35;
      • EME’s or QSE’s owned by black people;
      • EME’s or QSE’s owned by black people with disabilities)
    • One or more Exempt Micro Enterprises (EME’s) or Qualifying Small Enterprises (QSE’s); or
    • One or more small businesses, as defined in the National Small Business Act.
  2. If a successful tenderer sub-contracts to another person without disclosing it in its tender documents, the organ of state must penalise the tenderer 10% of the value of the contract, unless the tenderer submits a satisfactory reason for failing to make the disclosure.

The Regulations are very clear because its states “the tenderer MUST sub-contract…..”. Thus, once the Regulations are finally gazetted then all contracts with a value of R30 million and above will have to comply with this Regulation. Remember that currently (as of 31 Oct. 16) the Regulations are not finalized yet.

Until such time that the Regulations are finalized the answer is easy whether or not to sub-contract – look at the scope of the tender or the special conditions. Somewhere in the tender document it will stipulated whether or not the tenderer will have to sub-contract.  Follow those rules. If the tender document doesn’t contain any sub-contracting instructions (at this stage) then it is not necessary to do so.

The fact is that the tender document will dictate what you should or should not do. Read the tender document carefully and follow the instructions to the point.

To learn more about this and all the other new developments regarding tenders, attend one of the How-to-Tender workshops.

Learn to earn

www.how2tender.com

Title Closing Date Tender No.
Cummunications Services and Media Buying for MMM for a period of two years 2018-01-10 11:30 MMM/BID 443: 2017/2018
The Municipality encourage service providers to make quotations for in-house training. External training will be exceptional due to cost cutting measures. 2017-12-20 12:00 No reference number
Supply and application of Herbicides within the MMM for a period of two years 2018-01-08 11:30 MMM/BID 441: 2017/2018
Provision of electrical consumables, supply and delivery for a period of two (2) years 2018-01-23 12:00 395/08/12/2017
Supply and delivery of compression tube fittings to PetroSA Mossel Bay 2018-01-26 16:00 CTT16894
Supply and delivery of Maintenance Equipment for period of two years 2018-01-09 11:30 MMM/BID 404(A): 2017/2018
Supply and delivery of 600 grocery hampers 2017-12-21 12:00 8/2/5/8-2017
Constuction of Parkhome at Kendal 2018-01-04 11:00 OLT1087125
The Design, Manufacture, Supply and Commissioning of an Exhaust Valve Testing Facility for the Armscor Dockyard in Simon's Town. 2018-01-03 11:00 ARMD/21/17
Provision of security services 2018-01-12 12:00 KMLM2018-013
Training of ward committees and councillors on office administration and minute taking 2017-12-20 16:00 MBIZLM/12/12/2017TOWC
Construction of Mdeni community all with a with a CIDB Grading of 4 GB or Higher 2018-01-15 12:00 066/2017/18
Construction of Mdeni community all with a with a CIDB Grading of 4 GB or Higher 2018-01-15 12:00 066/2017/18
Construction of Nkwalweni to Zilinyama Access road with a CIDB Grading of 5 CE or Higher 2018-01-17 12:00 067/2017/18
Appointment of a Services provider for the maintenance of Abattor to Amendu Road with a CIDB Grading of 4 CE or Higher 2018-01-17 12:00 065/2017/18
Supply and delivery of thinkcentre tiny 90W adapter – slim tip (South Africa ac power adapter) P/N:4X20E75147 2017-12-19 11:00 GK1180342A
Supply and delivery of 1X thinkpad EM7455 4G LTE mobile broadband P/N:4XC0M95181 2017-12-19 11:00 GK1180279A
Supply: Pvc vinyl wristband 2017-12-22 12:00 GL11800456
Supply: 80 each x hypochlorite;tablet 2017-12-21 16:00 GC11800399
Supply Spirits;Methylated Ethyl;20L 2017-12-18 16:00 GC11800400

Pages

Functionality and Tenders

In all competitive bids (tenders) you as the bidder will have to respond to Functionality. You will need to score a set minimum number of points, measured as a percentage, on Functionality of a competitive bid (tender) in order to advance to the next phase of evaluation in the tender process.

Usually Organs of State evaluate competitive bids (tenders) as follows:

  • The tender response is evaluated on Functionality where the bidder must score points out of a maximum of 100 points.
  • A threshold of between 65 to 75 out of 100 points... Read More
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